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HomeMy WebLinkAbout08-4272COMMONWEALTH OF PENNSYLVANIA C(')I INTY nF• CMMEItLAND Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CSARLEB A. CLEI<mRT, JR Address: 400 BRIDGE ST OLDS T011NE COMO]RS -SUITE 3 NEN CUl<BEALAND, PA Telephone: (717 ) 774-5989 17070 CT RZMWILITALTION LP 5351 JAYCEE AVE IWARitISBURG, PA 17112 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUD®IZUT PLTP NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r CT RZWABILITALTION LP 5351 JAYCEE AVE HARRISBURG, PA 17112 L J VS. DEFENDANT: NAME and ADDRESS rBECBnEL, EDNABD 208 CLEASVIEN ROAD NEN CUltBEBLAND, PA 17070 L J Docket No.: CV-0000208-08 Date Filed: 5/01/08 _ (Date of Judgment) 5/30/08 © Judgment was entered for: (Name) CT RZKABILITALTION L, P © Judgment was entered against: (Name) BECEDEL, ED93M in the amount %J $ 8.145.0 ? Defendants are jointly and severally liable. ? Damages will be assessed on Date & Time R This case dismissed without prejudice. 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 $ 8,000.00 Judgment Costs $ 145.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 8,145.00 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. MAY 3 0 2008 Date I certify that this is a true July 1, 2008Date of My commission expires first Monday of January, 2014 , Magisterial District ings containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 5/30/08 11:38:00 AN 4 i7` 4... d J LN Gtr t?"t ? ? S 1 C_ rn f3l ` G1 lV (`4 .< 0 y r CT Rehabilitation LP IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 2008- 04272 Edward Bechdel 208 Clearview Road New Cumberland PA 17070 CIVIL ACTION - LAW 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 Edward Bechdel, Defendant (2) Against New Cumberland Armey Depot Employer of the Defendant. Date Attorney for Judgment Creditor-Landlord Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 GJ Q? Cam; _ r?-'- r W V, Certification by Judgment Creditor - Landlord I certify that 1 The Plaintiff judgment-creditor is CT Rehabilitation LP 5351 Jaycee Ave. Harrisburg PA 17112 2 3 The Defendant judgment-debtor is The Employer Garnishee is Edward Bechdel 208 Clearview Road New Cumberland PA 17070 New Cumberland Armey Denot US Armey 2-315u' FA New Cumberland PA 17070 4. The judgment arises out of a residential lease for the premises at 1224 Edinburg Cr New Cumberland PA 17050 5. (a) The amount of the judgment is 8 145.00 (b) A security deposit in the amount of $ 500.00 is being held by the judgment creditor-landlord. The security deposit X has been applied has not been applied To payment of 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 the 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 X In an action brought before Magisterial District Judge In an action commenced in the Philadelphia 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 recover of possession of real property (Pa. R.C.P.M.D.J. 501 et seq.) before the 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 that 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 in which the Defendant was served pursuant to Phila. M.C.R.Civ.P.No.I 11 (B), copies of the appropriate Philadelphia Municipal Court records are attached showing that t he Defendant appeared or filed papers in the action. I certify that the statements made in this Certification are true and correct. I understand that the false statements herein are made subject to the penalties of 18 Pa C.S. § 4904 relating to unsworn falsification to authorities. Date L- Z I.0 r 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 _AJA "_ Attorney for Judgment Creditor-Landlord Mark X. DiSanto PA Bar #51090 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 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND t NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: C3 rc-?a Q SAME ant%DRE* rCT REHANILITALTIO# P C.. C. 5351 JAYCEE AVE !r: C= rn?' HARRISBURG, PA 1-i??2 r?- DEFENDANT: F i IG9)AE and7115DRE t rib rBECHDEL, EDXM -? h? X77 -1 208 CLBARVIEW ROAD NEW CUMBERZAM, PA 170'0 L J Docket No.: CV-0000208-08 Date Filed: 5/01/08 Mag. Dist. No.. 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, Address: 400 BRIDGE ST OLDS TONNE COMMONS NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 JR -SUITE 3 17070 CT RRHABILITALTION LP 5351 JAYCEE AVE HARRISBURG, PA 17112 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 8,145.01 CT REHABILITALTION L, P BECHDEL, EDWARD Defendants are jointly and severally liable. Damages will be assessed on Date & Time F1 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease r Amount of Judgment $ 8,000.00 Judgment Costs $_ 145.00 Interest on Judgment $_-00 Attorney Fees $ -00 Total $ 8,145.00 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.PAOCEDURE 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 FURTHEA 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. MAY 3 0 2008 Date I certify that this is a true an July 1, 2008Date of My commission expires first Monday of January, 2014, (Date of Judgment) 5/30/08 ?= , Magisterial District Judge ings containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 5/30/08 11:38:00 AM COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Number G3-1-01 District Justice Name: Hon. Charles A. Cler:--nt, JR. Address: 400 Bridge Street tilde Towne Commons - Suite 3 New Cumberland PA 17070 Telephone: (717)774-5c39 ,. ?, CIVIL COMPLAINT PLAINTIFF: NAM=and ADDRESS CT Rehabilitation LP 5351 Jaycee Ave Harrisburg, PA 17112 Phone 920-8957 Fax 657-8925 vs. --? DEFENDANT: NAME and ADDRESS Edward Bechdel -1 208 Clearview Road New Cumberland PA 17070-2802 Docket No.:? . Date Filed: Q t AMOUNT DATE PAID - ?`-?-" :d FILING COSTS POSTAGE $ SERVICE COSTS $ CONSTABLE ED. ?-?•L? / / TOTAL 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 $ 1000.00 upon the following claim (Civil fines must include citation of the statute or ordintoether with ance violated): costs For Rental home located at 1224 Edinbrug Circle New Cumberland PA 17070 Cleaning carpet in town home $150.00 Rent, utilities and fees due at time of move out $8,150.00 Administrative collections fee $200,00 Total Due after $500 SECD has been applied $8,000.00 I, Elaine Marie Beachler for CT Rehab 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 authorities. Plaintiff's SignafuF'€ 3-PI-Kntiff or Authorized Agent Attorney: Address: Telephone: ( ) IF YOU INTEND TO ENTE :? A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO 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 district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before he date set for the hearing. If you are disa, led 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 tl epl e~dde nurrz r. We are unable to provide transportation. A D'PC 30SA-.. _ Caa Cl CT Rehabilitation LP 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Edward Bechdel Social Security #184-60-3223 208 Clearview Road New Cumberland PA 17070 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- 04272 Civil Term CIVIL ACTION LAW PRAECIPE FOR WRIT OF ATTACHMENT I Certify that the above named defendant has. not timely filed a claim for exemption of wages for attachment, nor has there been an order of count issued pursuant to Rule 3303(c). I direct the Prothonotary to issue a Writ of Attachment. Date lord Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 Respectfully Submitted, g y., C- u j T CO yw u ] "_i 4eJ Tt .?4+. +. CT Rehabilitation LP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION Edward Bechdel, No. 084272 -Civil Term Employee TO: New Cumberland Army Depot US Army 2-315`h FA New Cumberland, Pa. 17070 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 (10%) 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 $8,145.00 (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: CT Rehabilitation LP 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: Edward Bechdel 208 Clearview Rd New Cumberland, Pa. 17070 Any questions should be directed to the Plaintiff-Creditor: Mark X Di Santo Esq 5351 Jaycee Avenue, Harrisbur a. 17 12 (71 57-5729 Date: 10-01-08 Curtis ong, Pro Costs: $51.25 By Deputy: M 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 No of Y The following person, Or is no longer and employee (__) Date: v. Defendant. has never been (_) Signature of Employer Print name of Employer Address Address Telephone # For Prothonotary use only Date: Curtis R. Long, Prothonotary Deputy (Seal of the Court)