HomeMy WebLinkAbout08-5282N_ sa k;
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUSBERLAM
Mag. Dist. No..
MDJ Name: Hon.
09-2-02
JESSICA BRZNBAEER
Address: 18 H HANOVER ST STS 106
CARLISLE, PA
Telephone: (717 ) 240-6564 17013
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF:
rSRUGRAART NAME and ADDRESS
CHARLES N
,
10 RIDGE DRIVE
CARLISLE, PA 17015
L J
VS.
DEFENDANT: NAME and ADDRESS
rl[ITCHELL NICHAEL
,
55 SPRING ROAD, APT 1
CARLISLE, PA 17013
L J
CHARLES N. SEUGHART
10 RIDGE DRIVE Docket No.: LT-0000002-08
CARLISLE, PA 17015 Date Filed: 1/02/08
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for: (Name) SHUGMaRT, CHARLES N
Judgment was entered against MITCHELL, MICHAEL in a
® Landlord/Tenant action in the amount of $ 1,582.40 on 1/14/08 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 385.00.
The total amount of the Security Deposit is $ 577.50
Total Amount Established b MDJ Less • Security Deposit Applied
Rent in Arrears $ _ 1, 63.82 -$ .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
n This case dismissed without prejudice.
® Possession granted.
? Possession granted if money judgment i
? Possession not granted.
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Adjudicate Am 82
$ 1
463.
$ .00
00
$ 00
$ _00
$ 1,463.82
$ 1118,59
$ _00
$ 1,582.40
? 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 JUDGMENI'*#0b4'P,AYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
01/14/08 Date rial is ct Judge
certify that this is a tr a an corr c copy L9/? the cor o the proceedings containing t gto _ _• ent ;4
V . r t . ,r ..
08/15/08 Date , M' s , strict Judge
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CHARLES W. SHUGHART
Plaintiff
VS.
MICHAEL MITCHELL
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 6e - S-2 S?
CIVIL ACTION -LAW
LANDLORD TENANT
FRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES
TO THE PROTHONOTARY:
Issue a Notice of Intent to Attach Wages in the above matter
(1) against MICHAEL MITCHELL, Defendant,
(2) against SUTLIFF HUMMER, LLC, employer of the Defendant.
Date: Se _Lem ec 4.2008
Charles W. Shughart
Judgment creditor-Landlord
10 Ridge Drive
Carlisle, PA 17013
Telephone number: (717) 243-9007
CHARLES W. SHUGHART
Plaintiff
VS.
MICHAEL MITCHELL
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 6 ??-
CIVIL ACTION -LAW
LANDLORD TENANT
?613AAWXO is) "t K-1
I, Charles Shughart, Judgment Creditor-Landlord, certify that:
1. The plaintiff judgment-creditor is:
Charles W. Shughart
10 Ridge Drive, Carlisle, PA 17013
2. The Defendant judgment-debtor is:
3. The employee garnishee is:
Michael Mitchell
P.O. Box 6251
Carlisle, PA 17013
Sutliff Hummer, LLC
6462 Carlisle Pike
Mechanicsburg, PA 17050
Telephone: (717) 691-2000
4. The judgment arises out of a residential lease for the premises at: 55 Spring Road,
Apartment 1, Carlisle, PA 17013.
5. (a) The amount of the judgment is $1,705.56.
(b) A security deposit in the amount of $577.50 is being held by the judgment creditor-
landlord. This security deposit (check one)
has been applied
XX 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 (5) 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.
XX 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) 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
XX (b) If the judgment was entered in an action for the recovery of possession of real
property (Pa.RC.P.M.D.J. 50let 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.l l 1(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 the action
arose from a residential lease and that the defendant appeared or filed papers in this action.
I, Charles Shughart, Judgment Creditor-Landlord, 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: So, MVh bey J -LOOS G s? w' VVJ h tna14.C
Judgment Creditor-Landlord
Adopted Dec. 21, 2005, effective one month after date of order (Jan 21, 2006).
CHARLES W. SHUGHART
Plaintiff
vs.
MICHAEL MITCHELL
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 6 S---- SD-b- a---
CIVIL ACTION -LAW
LANDLORD TENANT
NOTICE OF INTENT TO ATTACH WAGES
Date of service of this Notice: (date to be inserted by the Sherif, j`)
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
My 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 MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NOT
FEE.
MIDPENN LEGAL SERVICES
401 E. LOUTHER STREET, SUITE 103
CARLISLE, PA 17013
TELEPHONE: (717) 243-9400 OR (800) 822-5288
Person I
Family or 48 Contiguous Alaska Nawafi Fa nsor 48 Contiguous Alaska Hawall
Ho
usehold States and D.C. Household
States and D.C.
1 $10,400 $13,000 $11,960 1 $13,000 $16,250 $14,950
2 $14,000 $17,500 $16,100 2 $17,500 $21,875 $20,125
3 $17,600 $22,000 $20,240 3 $22,000 $27,500 $25,300
4 $21,200 $26,500 $24,380 4 $26,500 $33,125 $30,475
5 $24,800 $31,000 $28,520 5 $31,000 $38,750 $35,650
6 $28,400 $35,500 $32,660 6 $35,500 $44,375 $40,825
7 $32,000 $40,000 $36,800 7 $40,000 $50,000 $46,000
8 $35,600 $44,500 $40,940 8 $44,500 $55,625 $51,175
For each For Each
additional person $3,600 $4,500 $4,140 Additional $4,500 $5,625 $5,175
add Person, add
? A consumer may be eligible if their total househol
Income is at or below 135% of the federal pove
guidelines in states that follow the federal eligibil
va in 48 contiguous criteria. Click here for a list of states using the fedora
Family ily or States and D.C. Alaska Hawaii eligibility criteria.
Household
1 $14,040 $17,550 $16,146 c 1tavB 3tlelr
2 $18,900 $23,625 $21,735 RfDVern ATiBr et Vteir a" tpjgif ft
3 $23,760 $29,700 $27,324 g ,OR
de?e3 tDtaf tlkfki88t Did ?nQtffrle
4 $28,620 $35,775 $32,913 4611DOSing r4d.to use total household income as
5 $33,480 $41,850 $38 502 ity critef ion
6 $38,340 $47,925
7 $43,200 $54,000 $49,680 ? Additionally, some states may use total hous' 'ho
8 $48,060 $60,075 $55,269 income as eligibility criteria, but develop their own limits.
For Each For information about income based eligibility In the
Additional $4,860 $6,075 $5,589 states contact the state commission.
Persons In
Family or 48 Contiguous
Alaska Parsons in 48 Contiguous
Alaska Hawaii
Hawaii Family or
Household States an. States and D.C.
Household
1 $15,600 $19,500 $17,940 1 $18,200 $22,750 $20,930
2 $21,000 $26,250 $24,150 2 $24,500 $30,625 $28,175
3 $26,400 $33,000 $30,360 3 $30,800 $38,500 $35,420
4 $31,800 $39,750 $36,570 4 $37,100 $46,375 $42,665
5 $37,200 $46,500 $42,780 5 $43,400 $54,250 $49,910
6 $42,600 $53,250 $48,990 6 $49,700 $62,125 $57,155
7 $48,000 $60,000 $55,200 7 $56,000 $70,000 $64,400
8 $53,400 $66,750 $61,410 8 $62,300 $77,875 $71,645
For Each For Each
Additional $5,400 $6,750 $6,210 Additional $6,300 $7,875 $7,245
Person, add Person, add
' SOURCE: Federal Register, Vol. 73, No. 15, 3anuary 23, 2008, pp. 3971-3972
Please Note: The federal proverty guidelines are typically updated In the end of 3anuary.
CHARLES W. SHUGHART IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. C
MICHAEL MITCHELL CIVIL ACTION -LAW
Defendant LANDLORD TENANT
CLAIM FOR EXEMPTION FROM
WAGE ATTACffiVIENT
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:
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 dependents.
(=mba)
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.)
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
One Courthouse Square
Carlisle, PA 17013
(717) 240-6195
CHARLES W. SHUGHART
Plaintiff
vs.
MICHAEL MITCHELL
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
CIVIL ACTION - LAW
LANDLORD TENANT
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 Curt Long, Prothonotary
fl-a
-Qll J
O
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-05282 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHUGHART CHARLES W
VS
MITCHELL MICHAEL
RONALD KERR , 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
MITCHELL MICHAEL the
DEFENDANT , at 1550:00 HOURS, on the 8th day of September, 2008
at COUNBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
MICHAEL MITCHELL
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 18.00
Service .00
Postage .59
Surcharge 10.00
.00
28.59
Sworn and Subscibed to
before me this
of
day
So Answers:
R. Thomas Kline
09/09/2008
CHARLES SHUGHART
By: Deputy Sher
A. D.
CHARLES W. SHUGHART
Plaintiff
vs.
MICHAEL MITCHELL
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06 r 5 ZIB Z
CIVIL ACTION -LAW
LANDLORD TENANT
C-; v I I Te v vw
PRAECEM FOR WRIT OF ATTACHMENT OF
WAGES. SALARY OR COMMISSION
TO THE PROTHONOTARY:
Please issue a Writ of Attachment of Wages, Salary or Commission against the
Defendant's employer, Sudifl' Hammer, LLC, 6462 Carlisk Pike, Mechaaicsbarg, PA 17050.
G w S Qw %VVA,-A,
Charles W. Shughart
10 Ridge Drive
Carlisle, PA 170132
JD - 2 :2 , 2008
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CHARLES W. SHUGHART IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS CIVIL DIVISION
MICHAEL MITCHELL, No. 08-5282 -Civil Term
Employee
TO: SUTLIFF HUMMER, LLC
6462 Carlisle, Pike
Mechanicsburg, PA 17050
RE: Writ of Attachment of Wages, Salary or Commission
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 $1,582.40 (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: CHARLES
W. SHUGHART 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 daEmages.
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:
MICHAEL MITCHELL
55 Spring Road, Apt 1
Carlisle, PA 17015
Any questions should be directed to the Plaintiff-Creditor:
Charles W. Shughart, 10 Ridge Drive, Carlisle, PA 7013
Date: 10/27/09
C s R. Lo on taryCosts: $79.84 PD ATTY 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
No
The following person,
Or is no longer and employee (_)
Date:
v. Defendant
of Year
has never been (_)
Signature of Employer
Print name of Employer
Address
Address
Telephone #
For Prothonotary use only
Date:
(Seal of the Court)
Curtis R. Long, Prothonotary
Deputy
?.s ? (fir GU ? Sfi /y cs tia.->1F-,
vs.
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. .S" a e '!?! Civil. "-006
C (V (l 4C Y-e'o at)
c
Key
To J4 V('W P, P U P&
Prothonotary
+@, 'P'm
CHARLES W. SHUGHART,
Plaintiff
VS.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-5282
c?
'rt
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C
MICHAEL MITCHELL, CIVIL ACTION -LAW
Defendant LANDLORD TENANT
PR ARC:IPF.
Sir:
Kindly "Satisfy" the Judgment entered in this action.
TO: David D. Buell, Prothonotary
By:
Anthony L. D a, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844
DATE: May 19, 2010