HomeMy WebLinkAbout08-1935I ' COMMONWEALTH OF PENNSYLVANIA
mi INTY C)F- CUMBERLAND
Mag. Dist. No.:
MDJ Name: Hon.
09-3-03
SUSAN H. DAY
Address: 229 MILL ST, BOX 167
MT. HOLLY SPRINGS, PA
Telephone: (717 ) 486-7672' 17065
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NOTICE OF JUDGMENT/TRANS RIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
rGLADWELL, RICH
P.O. BOX 1383
MECHANICSBURG, PA 17055
L J
VS.
DEFENDANT: NAME and ADDRESS
rBARNBART, TRAVIS R C IRISYANNA ???
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238 N. BALTIMORE AVE.
MT. HOLLY SPRINGS, PA 17065
RICH GLADWELL L J
P.O. BOX 1383 Docket No.: LT-0000417-07
MECHANICSBURG, PA 17055 Date Filed: 11/13/07
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAI]liTIFF
® Judgment was entered for: (Name) GLAz=LL, RICE
Judgment was entered against BARNHART, TRAVIS A CHRISYAMINA 2=224- in a
0 Landlord/Tenant action in the amount of $ 3,201.35 on 11/26/07 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 675.00.
The total amount of the Security Deposit is $ .00
Total Amount Established b MDJ ess • Security Deposit Applied =
Rent in Arrears $ 3, ?75.0? - $ .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.
? Possession granted.
0 Possession granted if money judgment
? Possession not granted.
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$ Adjudicated Amount
3,075.00
$ .00
$ _00
$ .00
$ _00
$ ,075_00
3
$ _
126_35
$ _00
$ 3,201.35
118.35
$ 3,319.71
? 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 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, 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 MUST INCLUDE A COPY OF THIS NOTICE OF 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 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.
P 216-07 Date Magisterial District Judge
certify that this is a true an o the recor cee gs ntalning the judgment.
a,l0? Date b ..,Magisterial District Judge
My commission expires firs onday January, 2010 • SEAL
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICK GLADWELL,
Plaintiff
No. O$ - / 93,5
V.
TRAVIS BARNHART and CHRISTYANNA
BARNHART, husband and wife,
Defendant
PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please kindly issue a Notice of Intent to Attach Wages in the above-captioned matter
(1) against Travis Barnhart, Defendant
(2) against Capital Blue Cross, Attn: Kim Meals, 2500 Elmerton Avenue, Harrisburg,
Pennsylvania 17110, employer of the Defendant (Employee No. 7963)
Respectfully Submitted:
Date: March 2b , 2008
KNIGHT & ASSOCIATES, P.C.
??44--
Gregory H. Knight, Esquire
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
Attorney for Judgment Creditor - Landlord
I certify that:
1. The Plaintiff Judgment-creditor is Richard Gladwell, PO Box 13 83, Mechanicsburg,
Pennsylvania 17055.
2. The Defendant Judgment-debtor is Travis Barnhart, 238 N. Baltimore Avenue, Mt.
Holly Springs, Pennsylvania 17065.
3. The employer garnishee is Capital Blue Cross, Attn: Kim Meals, 2500 Elmerton
Avenue, Harrisburg, Pennsylvania 17110.
4. The judgment arises out of a residential lease for the premises at 238 North Baltimore
Avenue, Mt. Holly Springs, Pennsylvania 17065.
5. (a) The amount of the judgment is $3,319.71
(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 judgement 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 judge
in an action commenced in the Philadelphia Municipal Court
8. Check the appropriate paragraph and attach the required documents:
a. X 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 ofpossession
of real property (Pa.R.C.P.M.D.J. 501 et seq.) before a magisterial district
judge, copies ofthe 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 l (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 penalties of 18 Pa.C.S. Section 4904 relating to unworn
falsification to authorities.
Date: I'4t ?-?8
udgment C itor-Landlord
FAUser Folder\Firm Docs\Clients Files\3063-5 Rick Gladwell\Documents\praecipe.notice.attach.wpd
COMMONWEALTH OF PENNSYLVANIA
rnl INTY nl=• CIIMB$RLAND
Mag. Dist. No.:
09-3-03
MDJ Name: Hon.
SUSAN S. DAY
Address: 229 MILL ST, BOX 167
MT. HOLLY SPRINGS, PA
17065
Telephone: (717 ) 486-7672
Filing Costs $ 88.50 11/09' 07
Postage $
Service Costs $ 27.85 11 0 07
Constable Ed. 10.00 11/091 07
Total 1 126- Is
1 1
Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by
the prevailing party.
LANDLORD AND
PLAINTIFF: TENANT COMPLAINT
NAME and ADDRESS
r RICK GLADWELL
P.O. BOX 1383
MECHANICSBURG, PA 17055
L J
VS.
DEFENDANT: NAME and ADDRESS
r TRAVIS BARNHART
CHRITYANNA HOMAN-BARNHART
238 NORTH BALTIMORE AVE
L MT. HOLLY SPRINGS, PA 17065 J
Docket No.: LT-417-07
Date Filed: 11-09-07
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 Fx]Residential F-INonresidential.
F]Damages for injury to the real property, to wit:_
Damages for the unjust detention of the real property in the amount of
® Rent remaining due and unpaid on filing date in the amount of
F1 And additional rent remaining due and unpaid on hearing date
Attorney fees in the amount of
THE PLAINTIFF FURTHER ALLEGES THAT:
in the amount of: $
$ 3075.00
Total: $
1. The location and the address, if any, of the real property is: 238 N. BALTIMORE AVE.
2. The plaintiff is the landlord of that property. MT. HOLLY SPRINGS, PA 17065
3. He leased or rented the property to you or to under whom you claim.
4. ® Notice to quit was given in accordance with law, or
No notice is required under the terms of the lease.
5. 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:
NON PAYMENT OF RENT
or,
Rent reserved and due has, upon demand, remained unsatisfied.
6. You retain the real property and refuse to give up its possession.
I, RICK GLADWELL verify that the facts set forth in this complaint
are true and correct to the best of my knowledge, information and betie . is to nt i de object to4he
penalties of Section 4904 of the Crimes Code (18 PA. C. S. § 4904) rela o sific, Ion to o es.
( ignature o Plaint'
(Plaintiff's Attorney) (Address)
(Phone)
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 addrP¢Q nr ttral-h...,e .......r.._ ---.- .
on
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICK GLADWELL,
Plaintiff
No. 08 - /93,S`
V.
TRAVIS BARNHART and CHRISTYANNA
BARNHART, husband and wife,
Defendant
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 non-payment 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, 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 MAYBE 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 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
Supreme Court of Pennsylvania
Civil Procedural Rules Committee
Poverty Income Guidelines for 2008
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
2008 are set forth in the following chart:
2008 HHS Poverty Income Guidelines
Expressed in Monthly Amounts
Size of
Family Unit Poverty Guideline
Monthly Amount
1 $866.66
2 1,166.66
3 1,466.66
4 1,766.66
5 2,066.66
6 2, 366.66
7 2,666.66
8 2,966.66
For each additional
person, add 300.00
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICK GLADWELL, No.
Plaintiff
V.
TRAVIS BARNHART and CHRISTYANNA
BARNHART, husband and wife,
Defendant
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
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICK GLADWELL,
Plaintiff
V.
TRAVIS BARNHART and CHRISTYANNA
BARNHART, husband and wife,
Defendant
No.
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) 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 taxes, (3) FICA payments and non-voluntary 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, Pennsylvania 17013
(717) 240-6195
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f SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-01935 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GLADWELL RICK
VS
BARNHART TRAVIS ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
BARNHART TRAVIS but was
unable to locate Him in his bailiwick. He therefore returns the
ri.m .-r.+m r mm-n /YTT T.TT lY Tll1
the within named DEFENDANT , BARNHART TRAVIS
238 N BALTIMORE AVE
NOT FOUND , as to
MT HOLLY SPRINGS, PA 17065
PROPERTY IS VACANT AND POSTED "NO TRESPASSING"
Sheriff's Costs:
Docketing 18.00
Service 6.00
Not Found 5.00
Surcharge 10.00
Postage .41
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39.41
So answers:
R. Thomas Kline
Sheriff of Cumberland County
KNIGHT & ASSOCIATES
04/10/2008
Sworn and Subscribed to before
me this day of
A. D.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICK GLADWELL,
Plaintiff
V.
TRAVIS BARNH:ART and CHRISTYANNA
BARNHART, husband and wife,
Defendant
No. 084*M 19-;S
Civil Term
PRAECIPE TO REISSUE WRIT OF ATTACHMENT
TO THE PROTHONOTARY:
Please reissue the Writ of Attachment filed in the above-referenced matter.
Respectfully Submitted:
KNIGHT & ASSOCIATES, P.C.
Date: April I It , 2008
Gregory H. Knight, Esquire
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
Attorney for Judgment Creditor - Landlord
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-01935 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GLADWELL RICK
VS
BARNHART TRAVIS ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
BARNHART TRAVIS
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
serve the within NOTC INT ATTACH WAGES
County, Pennsylvania, to
On June 10th , 2008 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs: So answers:
Docketing 18.00 ---' - J`"?
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Franklin Co 38.05 Sheriff of Cumberland County
Postage 1.56
76.61 L /13/b? Q"'
'
06/10/2008
KNIGHT & ASSOCIATES
Sworn and subscribe to before me
this day of
A. D.
In The Court of Common Pleas of Cumberland County, Pennsylvania
Rick Gladwell
VS.
Travis Barnhart
Franklin
Now, April 17, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
No. 08-1935 civil
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now,
within
upon
at
by handing to
a copy of the original
and made known to the contents thereof.
Sa )J - ?Alvl Oa,j. So answers,
a.Iso ch-- 4 1,va j&- iv4%
of County, PA
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
20 , at o'clock M. served the
.
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-00082 T
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF FRANKLIN
RICK GLADWELL
VS
TRAVIS BARNHART
J ROBY BACKENSTO , Deputy Sheriff, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
but was
unable to locate Him in his bailiwick. He therefore returns the
NOTICE
the within named DEFENDANT , BARNHART TRAVIS
102 EAST MAIN STREET
NOT FOUND , as to
FAYETTEVILLE, PA 17222
DEF. NOT FOUND AT ADDRESS
Sheriff's Costs: ans e
Docketing .00
Service .00
Affidavit .00 CKENSTO
Surcharge .00 DANE M JIMTHONY, Sheriff
.00
.00 GREGORY KNIGHT
05/22/2008
Sworn and subscribed to before me
this day of mq
-011
Q A.D. n -
Notarv / -
Richard D. McCarty, Notary Public
Chambersburg Born, Franklin County