HomeMy WebLinkAbout08-5436
COMMONWEALTH OF PENNSYLVANIA
(-n11NTY OF- CUMBERLAND
Mag. Dist. No.:
MDJ Name: Hon.
09-3-05
MARE MARTIN
Address: 507 N YORK ST
MECHANICSBURG,
Telephone: (717 ) 766-4575
17055
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
rHOiiARn, GERALDINE F
101 MILLFORDING RD
MECHANICSBURG, PA 17050
L J
VS.
DEFENDANT: NAME and ADDRESS
rSECHRIST, STEPHANIE
495A GLENN STREET
MECHANICSBDRG, PA 17055
GERALDINE F. HONARD L J
101 MILLFORDING RD Docket No.: LT-0000231-08
MECHANICSBURG, PA 17050 Date Filed: 7/29/08
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for: (Name) HOWARD, GERALDINE F
Judgment was entered against SECHRIST, STEPHANIE in a
® Landlord/Tenant action in the amount of $ 2.045.71 on 8/06/08 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 880.00.
The total amount of the Security Deposit is $ 880.00
Total Amount Established b MDJ Less • Security Deposit Applied =
Rent in Arrears $ 1,929.21-$ .00=
Physical Damages Leasehold Property $ .00-$ .00=
Damages/Unjust Detention $ _00-$ .00-
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
LIT Judgment Amount
? Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
? This case dismissed without prejudice.
® Possession granted.
? Possession granted if money judgment
? Possession not granted.
Total Judgment
Adjudicated Amount
$ 1
,929.21
$ .00
$ .00
$ .00
$ _00
$ 1,929_21
$ 116_50
$ _00
$ 2,045.71
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
? 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. Date Magisterial District Judge
c i th/at t is is a true an correct copy O the record o the proceedings, ,contalning ? the Iu gment.
.,loo 4?Date eLrC.? , Magisterial District Judge
My commission expires first Mondav of Janua C%U' A
PA
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GERALDINE F. HOWARD
V. NO. 08-5436
STEPHANIE SECHRIST
Praeciue for Notice of Intent to Attach Wages
To the Prothonotary:
Issue a Notice of Intent to Attach Wages in the above matter
(1) against Stephanie Sechrist, Defendant
(2) against Highmark, Employer of the Defendant.
Date ?J'l David J. Lanza
Attorney I.D. No. 55782
2132 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Judgment
Creditor-Landlord
Certification by Judgment Creditor - Landlord
I certify that
1. The Plaintiffjudgment-creditor is Geraldine F. Howard
101 Coffman's Point Drive
Mechanicsburg, PA 17050
2. The Defendant judgment-debtor is Stephanie Sechrist
c/o Highmark
300 CHCC Drive
Camp Hill, PA 17011
Address
3. The Employer Garnishee is Highmark
300 CHCC Drive
Camp Hill, PA 17011
Address
4. The judgment arises out of a residential lease for the premises at 495A Glenn
Street, Mechanicsburg, PA 17055
5. (a) The amount of the judgment is $ 2,045.71
(b) A security deposit in the amount of $ 880.00 is being held by
the judgment creditor-landlord. This security deposit
xxxxx 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.)
This Praecipe is filed within five years of the date of the original judgment upon
which execution is sought.
The judgment was entered (check one) :
in a civil action commenced in the Court of Common Pleas
xxxx_ in an action brought before a Magisterial District Judge
in an action commenced in the Philadelphia Municipal Court
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
lease.
XXX (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 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 I I(B), copies of the
appropriate Philadelphia Municipal Court records are
attached showing 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. § 4904 relating to
unsworn falsification to authorities.
Date (IN 1 O
Judgment Creditor-Landlord
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Sheriffs Office of Cumberland County
Sheriff Thomas Kline'&Ip of 6a?pb1'r4' Edward L Schorpp
Solicitor
?. t
Chine Deputy Jody S Smith
Chief OFFCE OF TW SHERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
03/05/2009 08:15 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
March 5, 2009 at 2015 hours, he served a true copy of the within Notice of Intent to Attach Wages upon
the within named defendant, to wit: Stephanie Sechrist by making known unto her personally, at 215
South York Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time
handing to her personally the said true and correct copy of the same.
03/05/2009 10:30 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on March 5,
2009 at 1030 hrs he served a true and correct copy of the within Notice of Intent to Attach Wages upon
the within named defendant, to wit: Highmark, by making known unto Sally McCoy, adult in charge, at
1800 Center Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time
directing her attention to the contents thereof.
SHERIFF COST: $66.92 (PAID) SO ANSWERS,
March 14, 2009 THOMAS KLINE, SH RIFF
2008-5436
Geraldine F. Howard
VS
Stephanie Sechrist
B?
Deputy Sheriff 00
eputy e
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GERALDINE F. HOWARD
V. NO. 08-5436
STEPHANIE SECHRIST
Praecive for Writ of Attachment of Wages, Salary or Commissions
To the Prothonotary:
Issue a Writ to Attach Wages, Salary or Commissions in the above matter
(1) against Stephanie Sechrist, Defendant:
215 South York Street
Mechanicsburg, PA 17055
(2) against PA Department of Corrections, Garnishee/ Employer of the Defendant.
Highmark
300 CHCC Drive
Camp Hill, PA 17011
The amount of the judgment is $ 2.045.71
A security deposit in the amount of $ 880.00 is being held by
the judgment creditor-landlord. This security deposit
xxxxx 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.)
The amount of $ 0.00 has been paid toward satisfaction of the judgment.
L+ k"{ (U 7 ";S/
Date .
David J. Lanza
Attorney I.D. No. 55782
2132 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Judgment Creditor- Landlord
R LED-OFFICE
OF THE pp( GNQTARY
2009 APR 13 AM 8: 3 9
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GERALDINE F. HOWARD IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS CIVIL DIVISION
STEPHANIE SECHRIST, No. 08-5436 -Civil Term
Employee
TO: HIGHMARK
300 CHCC DRIVE
CAMP HILL, PA 17011
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 $2,045.71 (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:
GERALDINE F. HOWARD 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:
STEPHANIE SECHRIST
215 SOUTH YORK STREET
MECHANICSBURG, PA 17055
Any questions should be directed to the Plaintiff-Creditor:
DAVID J. LANZA, ESQUIRE, 2132 MARKET STREET, CAMP HILL, PA 17011, ATTORNEY
I.D. NO. 55782, (717)730-3775
Date: April 13, 2009 1.45??4?L
Curbs R. ong ota
Costs: $120.67 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:
Date:
I have received a Writ of Attachment in the following case:
Plaintiff
No
The following person,
Or is no longer and employee (_)
v. Defendant
has never been (__)
Signature of Employer
Print name of Employer
Address
Address
Telephone #
For Prothonotary use only
Date:
of Year
Curtis R. Long, Prothonotary
Deputy
(Seal of the Court)