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HomeMy WebLinkAbout07-6577COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.. 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDE TONXE COMKONO -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 ATTORNEY FOR PLAINTIFF : BRYAN N. SHOOK 2132 MARKET ST CAMP HILL, PA 17011 07- I.oS'7q 3,'vi1 -earn NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rLUKUNICH, LAURA LEE 452 PROWELL DRIVE CAMP HILL;, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS rGOMBOLA, DIVA/MICHAEL 198 CREEKSIDE DRIVE ENOLA, PA 17025 L J Docket No.: CST-0000385-07 Date Filed: 8/23/07 THIS IS TO NOTIFY YOU THAT: DEFAULT JUDGMENT,PLTF Judgment:— . (Date-of--Judgment:) ® Judgment was entered for: (Name) LUKUNICH, LAURA LEE ® Judgment was entered against: (Name in the amount of $ 4,346.5 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. 9/21/'07 , GOMBOLA, DIVA/MICHAEL ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 4,219.54 Judgment Costs $? 127.00 Interest on Judgment $ .00 Attorney Fees $?. UD Total ?. $ 4,346.54 Post Judgment Credits $ Post Judgment Costs $ ,Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE' JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS-MUST COME FROM-THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. SEP 2 1 2001 Date magisterial Disth6f;lodge. I certify that this is a true a d correct copy o th ord oceedings containing the judgment. 10/23/2007 Date , Magisterial Digtrfct Judge . My commission expires first Monday of January, 2008 SEAL AOPC 315-07 DATE PRINTED: 9/21/07 11:08:00 AM -El- _ C SCE i t7y,?-y tom` C7 Fj ---t T ? 7? v '" Q .. rNO ,F ? V LAURA LEE LUKUNICH, Plaintiff V. DINA GOMBOLA, and MICHAEL, GOMBOLA, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 07- 06577- CIVIL TERM Defendants CIVIL ACTION - LAW PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES TO THE PROTHONTOARY OF CUMBERLAND COUNTY: Please kindly issue a Notice of Intent to Attach Wages in the above captioned matter (1) against Dina Gombola, defendant (2) against Children's Hospital, Hershey Medical Center, 500 University Drive, Hershey, Pennsylvania 17033 - Telephone Number: (717) 531- 3 , employer of the Defendant Date: Q- 3 f' 07 Bryan . Shook, Esqui e ID 4203250 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Judgment Creditor-Landlord I certify that: 1. The Plaintiff Judgment-creditor is Laura Lee Lukunich, 452 Prowell Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant Judgment-debtor is Dina Gombola, 198 Creekside Drive, Enola, Cumberland County, Pennsylvania 17025 3. The employer garnishee is Children's Hospital, Hershey Medical Center, 500 University Drive, Hershey, Pennsylvania 17033 - Telephone Number: (717) 531-1365 4. The judgment arises out of a residential lease for the premises at 116 Cumberland Drive, Camp Hill Cumberland County, PA 17011 5. (a). The amount of the judgment is $4,346.54 (b). A security deposit in the amount of $0.00 is being held by the judgment creditor-landlord. This security deposit: has been applied has not been applied to payment of the rent due on the same premises for which the judgment has been entered. (Any security deposit that has not already been applied to rent will be deducted by the Prothonotary from the amount of the judgment in determining the amount to be attached.) (c). The amount of $0.00 has been paid toward satisfaction of the judgment. (Do not include security deposit). 6. This Praecipe is filed within five years of the date of the original judgment upon which execution is sought. 7. The judgment was entered (check one) in a civil action commenced in the court of common pleas in an action brought before a magisterial district judge in an action commenced in the Philadelphia Municipal Court 8. Check the a ropriate paragraph and attached the required documents: a. if the judgment was entered in a civil action (Pa.R.C.P.M.D.J. 301 et seq.) before a magisterial district judge, a copy of the complaint filed with the magisterial district judge is attached to this Notice, showing that the action arose from a residential lease. b. if the judgment was entered in an action for the recovery of possession of real property (Pa.R.C.P.M.D.J. 501 et seq.) before a magisterial district judge, copies of the appropriate magisterial district judge records are attached showing that the action arose from a residential lease and that the defendant appeared for filed papers in the action or that the complaint was served by handing a copy to the Defendant. C. if the judgment was entered in an action in the Philadelphia Municipal Court in which the defendant was served pursuant to Phila.M.C.R.Civ.P. No. 111(A) or (C), a copy of the complaint filed with the Philadelphia Municipal Court is attached to this Notice, showing that the action arose from a residential lease. d. if the judgment was entered in an action in the Philadelphia Municipal Court and defendant was served pursuant to Phila.M.C.R.Civ.P. No.I l 1(B), copies of the appropriate Philadelphia Municipal Court records are attached showing that the action arose from a residential lease and that the defendant appeared or filed papers in the action. I certify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalti711) Pa/?904 relating to unsworn falsification to authorities. Date: / ` -, -~ -0 Creditor- LAURA LEE LUKUNICH, Plaintiff V. DINA GOMBOLA, and MICHAEL, GOMBOLA, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 07- 06577- CIVIL TERM CIVIL ACTION - LAW NOTICE OF CLAIM OF EXEMPTION OF WAGES FROM ATTACHMENT To the above-named Plaintiff: The defendant in the above-captioned matter has filed a claim for exemption from attachment of his or her wages, salary or commissions. A copy of the claim is attached. If you wish to challenge the claim for exemption, you should file with the court a motion setting forth facts which show that the defendant's net income is not below the Federal Department of Health and Human Services poverty income guidelines or that the attachment will not cause the defendant's net income to fall below those poverty income guidelines. Date: Prothonotary/Clerk, Civil Division LAURA LEE LUKUNICH, Plaintiff V. DINA GOMBOLA, and MICHAEL, GOMBOLA, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 07- 06577- CIVIL TERM Defendants CIVIL ACTION - LAW NOTICE OF INTENT TO ATTACH WAGES. SALARY OR COMMISSIONS Date of service of this Notice: (Date to be inserted by Sheriff) A judgment has been entered against you in the court for nonpayment of rent for, or damage to, residential property that you rented. The judgment creditor-landlord has begun proceedings to attached 10% of your net wages, salary or commissions for each pay period until the judgment is satisfied. The following exception will prevent your wages from being attached: Poverty Guidelines - Your wages may not be attached if your net income is below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services or if the amount of the attachment would cause your net income to fall below the poverty income guidelines. A copy of the guidelines is attached to this notice. If this exemption is applicable to you, you must return the claim for exemption of wages which is attached to the Prothonotary within 30 days of the date of service of this notice upon you. The date of service of this notice is set forth above. If you return the form claiming this exemption within 30 days, your wages will not be attached without subsequent court proceedings. There may be other legal grounds for opposing the wage attachment that you may be able to raise by filing a motion with the court. For example, your wages may not be attached if you are an abused person or victim as set forth in Section 8127(f) of the Judicial Code when the attachment is to satisfy a judgment for physical damages to the leased premises. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNONT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE OT PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Supreme Court of Pennsylvania Civil Procedural Rules Committee Poverty Income Guidelines for 2007 Pennsylvania Rule of Civil Procedure 3302(b) governs the attachment of wages, salary and commissions under Section 8127(a)(3.1) of the Judicial Code. The rule requires the prothonotary to attach to the Notice of Intent to Attach Wages "the most recent poverty income guidelines issued by the Federal Department of Health and Human Services as they appear on the web site of the Civil Procedural Rules Committee." The guidelines for 2007 are set forth in the following chart: 2007 HHS Poverty Income Guidelines Expressed in Monthly Amounts Size of Family Unit Poverty 1 2 3 4 5 6 7 8 For each additional person, add $290.00 Guideline Monthly Amount $850.83 $1,140.83 $1,430.83 $1,720.83 $2,010.83 $2,300.83 $2,590.83 $2,880.83 LAURA LEE LUKUNICH, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 07- 06577- CIVIL TERM DINA GOMBOLA, and MICHAEL, GOMBOLA, . Defendants CIVIL ACTION - LAW CLAIM FOR EXEMPTION FROM WAGE ATTACHMENT NOTICE (This Claim for Exemption must be filed with the Prothonotary of the Court within 30 days of service upon you of the Notice of Intent to Attach Wages.) To the Prothonotary of Said Court: I, the above-named defendant, claim exemption of my wages, salary or commissions from attachment on the follow ground: My net monthly income is below the poverty income guidelines as provided by the Federal Department of Health and Human Services. OR The amount of wages to be attached would place my income below poverty income guidelines as provided annually by the Federal Department of Health and Human Services. I have (number) dependants. My net monthly income is $ (Net monthly income is your total monthly wages less (1) any support payments made to the court, (2) federal, state and local taxes, (3) F.I.C.A. payments and nonvoluntary retirement payments, (4) union dues and (5) health insurance premiums.) I certify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Date: Defendant This claim shall be delivered or mailed to : Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6195 -?, ?? Sv ..? ? ° + p ; c,? ` ?? .... w -rs C ? ; ?? ?? ? ?? -v ? ?_ . ? ? . SHERIFF'S RETURN - REGULAR CASE NO: 2007-06577 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LUKUNICH LAURA LEE VS GOMBOLA DINA ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTC INT ATTACH WAGES was served upon GOMBOLA DINA DEFENDANT the , at 1835:00 HOURS, on the 26th day of November-, 2007 at 198 CREEKSIDE DR ENOLA, PA 17025 MICHAEL GOMBOLA, HUSBAND by handing to a true and attested copy of NOTC INT ATTACH WAGES together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge Sworn and Subscibed to before me this So Answers: 18.00 ?. 14.40 .58 10.00 R. Thomas Kline .00 42.98 11/27/2007 DARRELL DETHLEFS By z 4 day Deputy Sheriff of A. D. LAURA LEE LUKUNICH, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 07- 06577- CIVIL TERM DINA GOMBOLA, and MICHAEL, GOMBOLA, Defendants CIVIL ACTION - LAW CLAIM FOR EXEMPTION FROM WAGE ATTACHMENT NOTICE (This Claim for Exemption must be filed with the Prothonotary of the Court within 30 days of service upon you of the Notice of Intent to Attach Wages.) To the Prothonotary of Said Court: I, the above-named defendant, claim exemption of my wages, salary or commissions from attachment on the follow ground: My net monthly income is below the poverty income guidelines as provide by the Federal Department of Health and Human Services. OR The amount of wages to be attached would place my income below poverty income guidelines as provided annually by the Federal Department of Health and Human gervicec I have ?2" (number) dependants. rt Vr'-b d cu- G My net monthly income is $ 1300- O C) (Net monthly income is your total monthly wages less (1) any support payments made to the court, (2) federal, state and local taxes, (3) F.I.C.A. payments and nonvoluntary retirement payments, (4) union dues and (5) health insurance premiums.) I certify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: I Z 20 /0-7 M Defendant This claim shall be delivered or mailed to : Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6195 rv C r r 6-. 7 4