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HomeMy WebLinkAbout08-0568Sw,.. Cr " 6 COMMONWEALTH OF PENNSYLVANIA rnI INTY OF: CUM13ERLAW Mag. Dist. No.: MDJ Name: Hon. 09-3-05 MASH MARTIN Address: 507 H YOSH ST MECHANICSBURG, Telephone: 717 ) 766-4575 17055 -n,r L u J 1? ? P_ t;- ? ? NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS %LHER, WILLIAM T ? 170 BRINDLE ROAD MECHANICSBURG, PA 17055 L DEFENDANT: rSMERLING, PHIL 232 W. LOCUST MECHANICSBURG, J VS. NAME and ADDRESS ST APT/STE B PA 17055 L J WILLIAM T. WALKER 170 BRINDLE ROAD Docket No.: LT-0000359-07 MECHANICSBURG, PA 17055 Date Filed: 10/05/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) WALKER, WILLIAM T Judgment was entered against SMZRLING, PHIL in a ® Landlord/Tenant action in the amount of $ 1, 083.00 on 10/18107 (Date Of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 600.00. The total amount of the Security Deposit is $ 600.00 Total Amount Established b MpJ Less • Security Deposit Applied Rent in Arrears $ 68.00 - $ . 00= Physical Damages Leasehold Property $ .00- $ .00= Damages/Unjust Detention $ -00 - $ _ 00 = Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. Total Judgment $ ount Adjudicated A! 9.00 $ .00 $ _00 $ .00 $ _nn $ 968_00 $ 115_00 $ _00 $ 1,083.00 ? Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ® Possession granted if money judgment is no satisfied by time o eviction. ? Possession not granted. ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN.pAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS 6F'THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEUEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A, RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUSTJNCLUDE A COPY OF THIS NOTICEOF JUDGMENT/TRANSCRIPT FORM WITH THE 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 P? EAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY B 1SU?D BY THEVAGNSTEAIAL DISTRICT JUDGE oNLfSS;"HE JUDNT:ISE Cf M.TWE-COURT'OF COINMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQ T FOA EI!pm_ .. O6f ON WITH THE.,.MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OFt OTHERWISE CQMPLIES W TIf T g.JUDQMENT. ' Date Magisterial District Judge certify that is is a true an correct py o e record o the proceedings containing a Judgment. 107 0-7 Date , Magisterial District Judge 2 M? commission expires first Monday of January, 20 SEAL A0 C 315A-O6 PA C j na F- J\ Alp ? r DD `` _l _.lfn C.:J r < CA, O OQ -?p WILLIAM T. WALKER, Plaintiff V. PHIL SMERLING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D CIVIL ACTION PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES TO THE PROTHONOTARY: Issue a Notice of Intent to Attach Wages in the above matter (1) Against PHIL SMERLING, Defendant, and (2) the Bethany Villiage, Employer of Defendant PHIL SMERLING. Date: January 2008 JE I R B. HIPP, ESQUIRE 1 West Main Street Shiremanstown, PA 17011 Telephone: (717)737-8761 ID No. 86556 Attorney for Plaintiff William T. Walker, Judgment Creditor-Landlord 00 WILLIAM T. WALKER, Plaintiff V. PHIL SMERLING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION 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 court for nonpayment of rent for, or damages to, residential property that you rented. The judgment creditor-landlord has begun proceedings to attach 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 guideline 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. 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 CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 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 Guideline Monthly Amount 1 $850.83 2 1,140.83 3 1,430.83 4 1,720.83 5 2,010.83 6 2,300.83 7 2,590.83 8 2,880.83 For each additional person, add 290.00 -1- -? ?'-? ?•??,.. ''? /„' '., t ?? ??il U J'lw? .J ?S.: ?; .? WILLIAM T. WALKER, Plaintiff V. PHIL SMERLING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 7,(&, 09- 5 6 9' Ca;-( `;; _ CIVIL ACTION CERTIFICATION BY JUDGMENT CREDITOR - LANDLORD I certify that: 1. The plaintiff judgment-creditor is William T. Walker, 170 Brindle Road, Mechanicsburg, Pennsylvania 17055. 2. The defendant judgment-debtor is Phil Smerling, whose address is 6315 Brandy Lane, Mechanicsburg, Pennsylvania 17050. 3. The employer garnishee is Bethany Village, 325 Wesley Drive, Mechanicsburg, Pennsylvania 17055, employer of Defendant Phil Smerling. 4. The judgment arises out of a residential lease for the premises at 232 West Locust Street, Apt/Ste B, Mechanicsburg, Pennsylvania 17055. 5. (a) The amount of the judgment is $1,083.00. (b) A security deposit in the amount of $600.00 was being held by the judgment creditor-landlord. This security deposit has been applied to payment of rent due on the same premises for which the judgment has been entered. The amount of the judgment once the security deposit was applied is $1,083.00. (c) The Defendant has not paid any money towards the satisfaction of the judgment. 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 in an action brought before a magisterial district judge. 8. 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 as Exhibit "A", showing that the action arose from a residential lease. ft s I certify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 10 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ?2 7l?av `2Am? !?1?'? William T. Walker Judgment Creditor-Landlord COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Magisterial District Number: 09-3-05 MDJ Name:ppP-y"? MARK W. MARTIN Address: 507 NORTH YORK STREET MECHANICSBURG, PA 17055 Telephone: (717)766 4575, N IJ J Amount Date Paid Fiiin Costs $ ! ?! Postage $ ! I Service Costs $ N v ! f--1 o7 Constable Ed. $ ! 1 D Total $ ?U 0 ! Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. LANDLORD AND TENANT COMPLAINT PLAINTIFF: NAME and ADDRESS T w ??-wc (0 319 2 ?? fed ??t???: ??- S?6- 166`1 (cnu' f`t r`Yft?A-c?tcs 13,{d2? , Q ? .. 1 ?? 5 vs. DEFENDANT: NAME and ADDRESS 7 -2=? 2-3Z18 tur*,5r Gcx.,,sr. St. - 30 Docket No.. Date Filed: (Q IS Ip"? n" TO THE DEFENDANT: The above named plaintiff(s) asks judgment together with costs against you for the possession of real property and for: Lease is [ 1 Residential ?'Nonresidential. wy K ( t- iT Damages for injury to the real property, to wit: Q 256 in the amount of: $ 21 I r, 52- Damages for the unjust detention of the real property in the amount of 40M rPrJWGt:S $ ( 1 ct . oU Rent remaining due and unpaid on filing date in the amount of $ gm, cyv ] And additional rent remaining due and unpaid on hearing date $ ] Attorney fees in the amount of $ if Total: $ 1301. S '- THE PLAINTIFF FURTHER ALLEGES THAT: 1. The location and address, if any, of the real property is 27-2 $ W ?m k/-,c-(5T- .5I . t M G0 /)•N (C5 i3 4 tZ C. t ?A 2. The plaintiff is the landlord of that property. 3. He leased or rented the property to you or to OAA F 2 S. f oy 7 under whom you claim. 4, ig Notice to quit was given in accordance with law, or El No notice is required under the terms of the lease. 5. F? The term for which the property was leased or rented is fully ended, or A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: Rent reserved and due has, upon demand, remained unsatisfied. 6. You retain the real property and refuse to give up its possession. I W 1 Lit A-r% -t - w R t-`K GR verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) relating to unsworn falsification to authorities. ? W ? 6ti?•32YZ (Signature of Plaintiff) IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises, which is in the magisterial district judge jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on a complaint form at this office BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and rent if claimed, may nevertheless be entered against you. A judgment against you for possession may result in your EVICTION from the premises. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. Remarks and Summary of Testimony May be Recorded on Reverse Side. AOPC 31OA-05 EXHIBIT ?WF • "All ;??. 7 } -' j . ,,... ?, t C .? ?t7 - w -, .. i lti ._} i";, SHERIFF'S RETURN - REGULAR CASE NO: 2008-00568 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WALKER WILLIAM T VS SMERLING PHIL MICHAEL BARRICK 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 SMERLING PHIL the DEFENDANT , at 1956:00 HOURS, on the 29th day of January , 2008 at 6315 BRANDY LN MECHANICSBURG, PA 17050-2812 PHIL SMERLING by handing to a true and attested copy of NOTC INT ATTACH WAGES CERTIFICATION BY JUDGMENT CREDITOR- LANDLORD together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Affidavit .58 Surcharge 10.00 .00 39.14 Sworn and Subscibed to before me this day So Answers: ....._ tf ._ r R. Thomas Kline 01/30/2008 JAMES BOGAR By: Deput' Sheriff of A. D.