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HomeMy WebLinkAbout08-16170 0 CS -a n _ GIN O tJt -< y D ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES NEFF, : CIVIL ACTION AT LAW Plaintiff CASE NO. 2008-1617 V. PEGGY & JOSE NIEVES, : Defendant : 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 Jose Nieves, Defendant 2). Against Giant Foods, employer of the Defendant Jose Nieves. submitted, Date: "'°4 tzc)t c) S ri D.-Coover, Esquire Attorney Id 93285 44 S. Hanover Street Carlisle, Pa 17013 0 $a q.oo Po Army 01 ion P,*aya745- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES NEFF, CIVIL ACTION AT LAW Plaintiff CASE NO. 2008-1617 V. PEGGY & JOSE NIEVES, Defendant CERTIFICATION BY JUDGMENT CREDITOR-LANDLORD AGAINST JOSE NIEVES I certify that: 1. The Plaintiff judgment creditor is James Neff who resides at 519 Chestnut Street, Mount Holly Springs, PA 17065. 2. The Defendants judgment debtor are Peggy and Jose Nieves who reside at 16722 Wrangletown Road, Shirleysburg, Pennsylvania 17260. 3. The employer garnishee of Giant Foods with a business address of 1621 Industrial Drive, Carlisle, Pennsylvania 17013. 4. The judgment arises out of a residential lease for the premises at 109 N. Baltimore Avenue, Mount Holly Springs, PA 17065.. 5. (a) The amount of the judgment is $1,678.83. (b) No security deposit was taken for this premises by the landlord. (c ) No amount of money has been paid toward the judgment. (Do not include any security deposit.) 6. The 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 _x^ in an action brought before a magisterial district Municipal Court. 8. Check the appropriate paragraph and attach the required documents: _x_ (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 or 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. I I I (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 in which the defendant was served pursuant to Phila.M.C.R.Civ.P. No. I I I (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 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES NEFF, CIVIL ACTION AT LAW Plaintiff CASE NO. 2008-1617 vi. PEGGY & JOSE NIEVES, Defendant VERIFICATION 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 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: J ent-Creditor landlord submitted, DATE: ?"l2 011) Seri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA COUNI-1\( OF: CUMBERLAND 10,q D>,t. No 09-3-03 M-)J Name Nun SUSAN K. DAY A`cfie5,. 229 MILL ST, BOX 167 MT. HOLLY SPRINGS, PA. 17065 Trlephnne: (717 ) 486-7672 AMOUNT FILING COSTS $ 291-90 POSTAGE $ 20.00 SERVICE COSTS $ CONSTABLE ED. $ DATE PAID 11 / 13/ 07 11 /13/ 07 TOTAL $ 101.50 11/ 13/ 07 CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS I^ JAMES L. NEFF 519 CHESNUT ST. MT. HOLLY SPRINGS, PA 17065 L -I vs. DEFENDANT: NAME and ADDRESS PEGGY & JOSE NIEVES 2258 PINE RD. NEWVILLE, PA 17241 L J Docket No.: CV-418-07 Date Filed: 11-13-07 u-:'?%.t•:" yam:. Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 2194.73 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): BACK RENT 3 WATER BILLS HEAT OIL REPLACEMENT HAULING JUNK FROM YARD - ATTIC CLEAN UP YARD DAMAGE TO CARPET DUE TO PETS NOT SUPPOSED TO HAVE PETS 1, JAMES L. NEFF 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) related to unsworn falsification to au on s (Signature of Plaintiff or Aut oriz d Agent) Plaintiff's Attorney: Address: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing. It 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. AOPC 308A-05 COMMONWEALTH OF PENNSYLVANIA rnt tnirv n[. rq n M 121J= Meg- Dist. N).: '. 09-3-03 MDJ Name: Mkv ova= K. nky Aw- 229 KXLL OT, BOX 167 Mr. DOLLY BPS1 P1 Tw.".: (7117) 486-7673 17065 T No . O ii` I to 11 4,11J) i 4-er- NOTICE OF IViC SE RRANSCRIPT J 031111121111 519 G7f1:8111111021 8S. JR. MOLLY SP=I>A08, PA 17065 THIS IS TO NOTIFY YOU THAT- Judgment: © Judgment was entered for: (Name) - © Judgment was entered against: trl 3' in the amount of $ i, 0. F] Defendants are jointly and severally liable. Damages will be assessed on Date & TOm This case dismissed without Prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ F] Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1, 527.73 $151'10 Judgment Coats interest on Judgment Attorney Fees $ • $? U Tobd 3 $ 1,670.8 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PAR" HAS THE ROM TO APPEAL VBTMN RIO DAYS AFTER THE MW OF JUOfi ff MY FMJNG A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMM PLEAS, CML OIYISION. YOU MUST INCLUDE A COPY OF THta NOTICE OF JUDGMENT/TRANSgMPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVOW IN THE RULES OF CMI. PROCEDURE PON MAGISTERIAL DISTRICT JIJOGES, F THE JUDGMENT HOLDER ELECTS TO EFfTER THE JUDWMff IN THE COURT OF I'm 0- 11 IN PLEAS, ALL FURTHER PROC1L?i8 MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCL'SS MAY W Ig1PEDBY THE MAAMRLMrAL DISTRICT JUDGE. uwm THE JUDamm Mi E amw Mi THE COURT OF COMMON PLEAS, ANYONE INTERESTED W THE JUDGMENT MAY TILE A RIIAIUETIT FOR ENTRY OF SATISFACTION WITH THE YAMTIIIWH. DISTRICT JUDGE F THE JUDGMENT DMVR PAYS IN FULL, SETTLES, OR OTHOWISE COMPLIES 1101H THE J1NlIOEIT. I.i 0 R-Date I certify that this is p? ti copy of the Magisterial District Ju containing the judgment- , Magisterial District Judge My commission expires first Monday of January, L J Docket No.: CI/-0000418-07 Date Filed: 11/13/07 PLAINTIFF: NAIL OW ADDRESS rim, im" 519 t8Q8?i0Z DT. Mr. MOLLY SP>I1G8, Ps 17065 L. VS. DEFENDANT: NAME aril ADDRESS rY ww, P100!' t aTOYf', !! pia. 235• PIM PD XMVXZ.TA, PA 17241 1/10/08 >wQlf ?A rravaref `' t mss AOPC 31"? 111AZZ PR331=9 3/03/08 10&39&00 AU JAMES NEFF, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION AT LAW Plaintiff CASE NO. 2008-1617 PEGGY & JOSE NIEVES, Defendant -c NO'T'ICE OF INTENT TO ATTACH WAGES, SALARY OR COMMISSIONS FOR DEFENDANT JOSE NIEVES Date of service of this Notice: (Date to be inserted by the sheriff p N ti A judgment has been entered against you in court for nonpayment of rent for, or damage 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 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, you 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. 1_1 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 (717) 249-3166 ,• JAMES NEFF, V. PEGGY NIEVES and JOSE NIEVES, N a 0 N CV CIVIL ACTION AT LAW CASE NO. 2008-1617 n Z 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 OT ATTACH WAGES. To the prothonotary: I, the above-named Defendant, claim exemption of my wages, salary or commissions from attachment on the following 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 net income below the poverty income guidelines as provided annually by the Federal Department of Health and Human Services. I have (number) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Defendant dependents. 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 income taxes, 3) F.I.C.A. payments and nonvoluntary retirement payments, 4) union dues and 5) health insurance premiums. -n L F ? 3 ;?r I certify that the statements made in this Claim for Exemption are true an correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date Defendant This claim shall be delivered or mailed to Office of the Prothonotary Cumberland County Court of Common Pleas 1 Courthouse Square Carlisle, PA 17013 (717) 240-6100 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff OFFICE OCTHE $HERiFF I ,t- THE s' i ? ?` `?% Jody S Smith Chief Deputy Richard W Stewart Solicitor 2010 JA 17 Ali 11: 09 Cl;?E ?} James Neff vs. Jose M. Nieves Case Number 2008-1617 SHERIFF'S RETURN OF SERVICE 06/16/2010 Brian Barrick, Corporal, who being duly sworn according to law, states that on June 16, 2010 at 0955 hours, he served a true copy of the within Notice of Intent to Attach Wages and Claim for Exemption from Wage Attachment, upon the within named defendant, to wit: Jose M. Nieves, by making known unto himself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $44.64 SO ANSWERS, June 16, 2010 RON R ANDERSON, SHERIFF By BRIAN BARRICK, CORPORAL (c) CountySuite Sheriff. Teleosoft, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES NEFF, Plaintiff V. PEGGY AND JOSE NIEVES, Defendant CIVIL ACTION AT LAW --- CASE NO. 2008-1617 - 07? _ , c. ?- co 1 _ 4 .µ r; PRAECIPE TO ISSUE WRIT OF ATTACHMENT OF WAGES TO THE PROTHONOTARY: As the Defendant in the above-mentioned case has failed to file a Claim for Exemption from Attachment of Wages within thirty days of service of the PRAECIPE FOR NOTICE OF INTENTION TO ATTACH WAGES as evidenced by the attached Sheriffs Return of Service, the Prothonotary is requested to issue a WRIT FOR ATTACHMENT OF WAGES, SALARY OR COMMISSIONS against Jose M. Nieves for $1,678.83. Glum ?ooc?S 1 ? ?? ? 1nt?lwS??'? lnve CD.S I- S ???jl CO G? 6 G 11)6,r- / I rr ly submitted, S ri D. Coover, Esquire ;?Orney ID 93285 44 S. Hanover Street Carlisle, PA 17013 .. -l" 1J- JAMES NE'FF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION JOSE NIEVES, No. 08-1617 -Civil Term Employee TO: GIANT FOODS 1621 INDUSTRIAL DRIVE CARLISLE, PA 17013 RE: Residential Lease between Plaintiff and Defendant WRIT OF ATTACHMENT The above employer shall attach and deduct from the wages of the above employee a sum not to exceed ten (1'0%) of the net wages per pay period of said employee or a sum not to place employees net income below poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less. "Net wages" shall mean all wages paid, less only the following items: 1. Federal, State and Local income taxes; 2. F.I.C.A. payments and non-voluntary retirement payments; 3. Union dues; and, 4. Health insurance premiums The amount wages to be attached shall total $1,678.83 (plus costs) The employer shall send the attached wages to the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: JAMES NEFF within fifteen (15) days from the close of the last pay period in each month. The employer shall be entitled to deduct from the wages collected from the employee pursuant hereto the costs incurred from the extra bookkeeping necessary to implement the terms within the Writ of Attachment, not exceeding $5.00 of the amount of the wages so deducted. If you, the employer, are served with more than one Writ of Attachment for damages arising out of a residential lease against the same employee, then the wage attachments shall be satisfied in the order in which said Writs of Attachment were served. Each prior wage attachment shall be satisfied before any effect is given to a subsequent attachment. You shall not take any adverse action against the employee solely because his wages, salaries or commissions have been attached. Violations may result in (i) you being adjudged in contempt and committed to jail or fined by the court and (ii) an action against you by the employee for damages. Willful failure to comply with this Writ of Attachment may result in (i) you being adjudged in contempt of court and committed to jail or fined by the court; (ii) you being held liable for any amount not withheld, or withheld but not forwarded to the Prothonotary's office; and, (iii) attachment of your funds or property. This Writ of Attachment has been entered pursuant to 42 PA. C.S.A. 8127, as amended by House Bill 908, Act 5 of 1996, effective February 15, 1996. A copy of this Writ of Attachment has been sent by U.S. Mail, postage prepaid, to the employee's last known address at: JOSE NIEVES 16722 WRANGLETOWN ROAD SHIRLEYSBURG, PA 17260 Any questions should be directed to the Plaintiff-Creditor: Sheri D. Coover, Esq., 44 S. Hanover Street, Carlisle-PA 17013 (717) 960-0075 ID # 93285 Date: 1/18/11 )/ I "/ Davi , of notary Costs: $95.89 By Deputy: You shall send the following notice to the Prothonotary if the defendant has never been or is on longer an employee on company letterhead: I have received a Writ of Attachment in the following case: Plaintiff v. Defendant No__ of Year The following person, has never been Or is no longer and employee (__) Date: Signature of Employer Print name of Employer Address Address Telephone # For Prothonotary use only Date: David D. Buell, Prothonotary Deputy (Seal of the Court) Giant Food Stores, LLC Ahold Financial Services 1149 Harrisburg Pike Carlisle, PA 17013 717-249-4000 April 6, 2011 RE: Wage Attachment - Jose Nieves 08-1617 This letter is to inform you that Jose has filed Bankruptcy. Therefore, we cannot deduct for the writ of attachment that was sent for him at this time. If you have any questions, please feel free to call. Thank you, Sincerely, Brenda Brandt Payroll Associate e JAMES NEFF V5 JOSE NIEVES, Employee TO: GIANT FOODS 1621 INDUSTRIAL DRIVE CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 08-1617 -Civil Term RE: Residestial Lease between Plaintiff and Defendant IT OF ATTACHMENT TRUE COPY FROM RECORD M Testimony whored, I here unto set my hand and the pal ?of p"id Court' sit Carlisle, Pa. ! This _oai?.d_L&__?20 Prothonotary The above employer shall attach and deduct from the wages of the above employee a sum not to exceed ten ( /o) of the net w es pay period of said employee or a sum not to place employees net me lines as provided annually by the Federal Office of Management and income belo , co fl We Budget, whichever is less. "Net wages" shall mean all wages paid, less only the following items: 1. Federal, State and Local income taxes; ants; 2. F.I.C.A. payments and non-voluntary retirement payments; 3. Union dues; and, 4. Health insurance premiums The amount wages to be attached shall total $1,678.83 (plus costs) The:employer shall send the attached wages to the Prothonotary, Cumberland County Courthouse,: One Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: JAMES NEFF within fifteen (15) days from the close of the last pay period in each month. The employer shall be entitled to deduct from the wages collected from the employee pursuant hereto the costs incurred from the extra bookkeeping necessary to implement the terms within the Writ of Attachment, not exceeding $5.00 of the amount of the wages so deducted. If you, the employer, are served with more than one Writ of Attachment for damages arising out of a residential lease against the same employee, then the wage attachments shall be, satisfied in the order in which said Writs of Attachment were served. Each prior wage attachment shall be satisfied before any effect is given to a subsequent attachment. You;shall not take any adverse action against the employee solely because his wages, salaries or commissions have been attached. Violations may result in (i) you being adjudged in contempt and committed to jail or fined by the court and (ii) an action against you by the employee for damages. Willful failure to comply with this Writ of Attachment may result in (i) you being adjudged in contempt of court and committed to jail or fined by the court; (ii) you being held liable for any amount not withheld, or withheld but not forwarded to the Prothonotary's office; and, (iii) attachment of your funds or property. This Writ of Attachment has been entered pursuant to 42 PA. C.S.A. 8127, as amended by House Bill 908, Act 5 of 1996, effective February 15, 1996. A copy of this Writ of Attachment has been sent by U.S. Mail, postage prepaid, to the employee's O known S ss at 16722 WRANGLETOWN ROAD SHIRLEYSBURG, PA 17260 Any questions should be directed to the Plaintiff-Creditor: Sheri D. Coover, Esq., 44 S. Hanover Street, Cerlis A 17013 (717) 960-0075 ID # 93285 Date: 1/18/11 Davi o notary Costs: $95.89 By Deputy: SBC PAM - LIVE - VERSION 3.3.3 https://ecf.pamb.uscourts.govicgi=Din tio':ice0`Fi:ing.pl?2`?417t) United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 7 of the United States Bankruptcy Code, entered on 08/19/2010 at 10:49 AM and filed on 08/19/2010. Jose M Nieves 17622 Wrangletown Road Shirleysburg, PA 17260 SSN / ITIN: xxx-xx-3082 Peggy L Nieves 17622 Wrangletown Road Shirleysburg, PA 17260 SSN / ITIN: xxx-xx-1007 aka Executrix / Estate of Harold F. Wiley The case was filed by the debtor's attorney: Lee Eric Oesterling Oesterling & Armbruster 42 East Main Street PO Box 331 Mechanicsburg, PA 17055 717 620-8434 The case was assigned case number 1:10-bk-06759. In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page http://ecf.pamb.uscourts.gov/ or at the Clerk's Office, U.S. Bankruptcy Court, Ronald Reagan Federal Building, PO Box 908, Harrisburg, PA 17108. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. Terrence S. Miller Clerk, U.S. Bankruptcy Court 1 of 2 8119/2010 10:52 Al