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
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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
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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
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