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HomeMy WebLinkAbout08-5982COMMONWEALTH OF PENNSYLVANIA COUNTY nF• CURRMtIJM Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CIIARLES A. CLE UMVT, JR Address: 400 BRIDGE ST OLDS TONNE COMMONS -SUITZ 3 NEW CVMZRLAND, PA Telephone: (717 ) 774-5989 17070 CT REBABILITATION LP 5351 JAYCEE AVE HARRISBURG, PA 17112 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF 7G, . C Q = 5,3 i' 1- C,,-, ?'- NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rCT RZHABILITATION LP 5351 JAYCEE AVE HARRISRU", PA 17112 L J VS. DEFENDANT: NAME and ADDRESS 5 STACIO, LI ZBHTB, ET AL. 7 26 N NINTH ST C/O RRM STAFFING LLZI Zlllll, PA 17043 J Docket No.: CV-0000315-08 Date Filed: 7/18/08 (Date of Judgment) 8/12/08 T Judgment was entered for: (Name) CT RZHABILITATION LP, ® Judgment was entered against: (Name) ASTACIO, LIZBZTH in the amount of $ 1, 416.3 F] Defendants are jointly and severally liable. Damages will be assessed on Date & Time 1-1 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 $ 1,297.37 Judgment Costs $-119.00 Interest on Judgment $ Attorney Fees $ Total $ 1,416.37 Post Judgment Credits $ Post Judgment Costs $ Certifled 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. AUG 12 2008 Date I certify that this is a true an =rrect yof th record of the SFP 16 200tate ? Q. My commission expires first Monday of January, 2014 _, Magisterial District Judge containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 8/12/08 10:55:00 AN rn cx? ela 1 rn i U k •• COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CMMZRLAW Meg. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CL==T, Address: 400 BRIDGE ST OLDS TOMM COMMONS N= CO]MERLAW, PA Telephone: (717 ) 774-5989 CT REHABILITATION LP 5351 JAYCEE AVE HARRISBURG, PA 17112 -SUITE 3 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: lCT REHABILITATION LMPEandADDRESS 5351 JAYCEE AVE HARRISBURG, PA 17112 L 7 J DEFENDANT: Vs. NAME and ADDRESS 17070 f"TACIO, LISBETH, ET AL. 26 N NINTH ST C/O REIL STA1r1rING170 LLEILOYNE, PA 43 J Docket No.: CV-0000315-08 Date Filed: 7/18/08 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Date of Judgment) _ 8/12/08 (Name) CT REHABILITATION LP, Judgment was entered against. (Name) RIOS, NELSON in the amount of $ 1, 416.3 Defendants are jointly and severally liable. Damages will be assessed on Date & Time 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 Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs $ 1,297.37 $ • $ $ 1,416.37 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. ? J 12 2008 Date I certify that this is a true a c rrect copy of EP 16 2008 Date Q, My commission expires first Monday of January, 2014 AOPC 315-07 _ , Magisterial District Judge containing the judgment. , Magisterial District Judge SEAL DATE PRINTED: 8/12/08 10:53:00 AN qF? rt C.4? -? b y ? l N W C a o ?, -P, CT Rehabilitation LP 5351 Jaycee Avenue Harrisburg, PA 17112 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs Lizbeth Astacio Social Security No. 583-59-0754 C/O REM Staffing Inc 840 Market St Lemoyne, PA 17043 NO. Cya ?F-6-7 FA CIVIL ACTION - LAW Defendant Praecipe for Notice of Intent to Attach Wales To the Prothonotary: Issue a Notice of Intent to Attach Wages in the above matter (1) Against Lizbeth Astacio, Defendant (2) Against REM Staffing Inc (Payroll & Human Resources), Employer of the Defendant. Date 6 J Attd ey for Judgment Creditor-Landlord Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 Certification by Judgment Creditor - Landlord I certify that 1. The Plaintiff judgment-creditor is CT Rehabilitation LP 5351 Jaycee Avenue Harrisburg, PA 17112 2. The Defendant judgment-debtor is Lizbeth Astacio C/O REM Staffing Inc 840 Market St Lemoyne, PA 17043 3 The Employer Garnishee is REM Staffing Inc (Payroll & Human Resources) 840 Market Street Lemoyne, PA 17043 4. The judgment arises out of a residential lease for the premises at 1215 Edinburg Circle Mechanicsburp,, PA 17050 5. (a) The amount of the judgment is $1,416.37 (b) A security deposit in the amount of $1,150.00 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 1 16 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 11 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 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 '/, `X_ Oq Attorney for Judgment Creditor-Landlord Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 CT Rehabilitation LP 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Lizbeth Astacio Social Security No. 583-59-0754 C/O REM Staffing Inc. Lemoyne, PA 17043 Defendant CIVIL ACTION - LAW NOTICE OF INTENT TO ATTACH WAGES, SALARY OR COMMISSIONS 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 as exhibit A. 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 . 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 NO FEE. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 N. Front Street IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO._ e-v•- ofi - 51F'2_ Harrisburg, PA 17101 Telephone (717) 232-7536 r OF ?Nr,?.:? .IOTARf 2009 AUG 24 M 1- 58 c m Per. `a v.1m 7 " (l"r. eil- GL Yv A. y' -. ?, ? z si Sheriffs Office of Cumberland County R Thomas Kline Sheriff FILED-o,,F,-cE nt 4?uu+? rt OF THE P?OTH TMy Ronny R Anderson A Chief Deputy 7809 SEP "8 aM 10:3 J Jody S Smith Civil Process Sergeant QFf GF : r THE ?-?RIFF CWt " , .tai Ali lr? r l Edward L Schorpp PEN%-YLW fq Solicitor CT Rehabilitation LP vs. I Case Number Lizbeth Astacio 2008-5982 SHERIFF'S RETURN OF SERVICE 08/31/2009 02:00 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 31, 2009 at 1400 hours, he served a true copy of the within Notice of Intent to Attach Wages, upon the within named defendant, to wit: Lizbeth Astacio, by making known unto John Torres, Human Resource Director at 840 Market Street Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $42.84 September 01, 2009 SO ANS R R THOMAS KLINE, SHERIFF By uty Sheriff CT Rehabilitation LP 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Lizbeth Astacio Social Security No. 583-59-0754 C/O REM Staffing Inc. 840 Market Street Lemoyne, PA 17043 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CV-2008-5982 CIVIL ACTION - LAW PRAECIPE FOR WRIT OF ATTACHMENT To The Prothonotary: Please issue a Writ of Attachment to attach the wages of Defendant, Lizbeth Astacio at/from REM Staffing Inc., 840 Market St. Lemoyne PA 17043 (Name & address of employer) so as to satisfy the damage portion of that final judgment entered in the above-captioned matter in the amount of $ 1,416.37 , said damages arising out of a residential lease between the Plaintiff and the Defendant for that leasehold premises located at 1215 Edinburg Circle Mechanicsburg PA 17050 (address of premises where damage occurred) said wage attachment being requested pursuant to 42 PA S.C.A. 8127, as amended by House Bill No. 908, Act No. 5 of 1996, effective February 15, 1996. All such attached wages should be sent to the Plaintiff s Attorney: Triple Crown Corooration, 5351 Jaycee Avenue Harrisburg PA 17112, phone 717-920-8949 ?-??-off Date Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 Respectfully Submitted, IT +le1 p) ? ??rtl,r?t,?,o. I ? I J ?i1, t,vu-[.cam ?c.?M.w.-?c?W, IFt , J SOS l? a v. y?,Pv sgyo9 6, -ft CR Rehabilitation, LP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION Lizabeth Astacio 1215 Edinburg Circle Mechanicsburg, Pa. 17050 f No. 08-5982 -Civil Term Employee TO: REM Staffing Inc. 840 Market Street Lemoyne, Pa. 17043 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 $1,416.37 (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 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: Lizbeth Astacio 1215 Edinburg Circle Mechanicsburg, Pa. 17050 Any questions should be directed to the Plaintiff-Creditor: Mark X Disanto, Esq. 5351 Jaycee Avenue, Harrisburg, Pa. 17112 (717)657-5729 •-1 Date: 09-25-09 Curtis R. Long, Prothonotary Costs: $94.09 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 of Year The following person, Or is no longer and employee (___) has never been (__) Signature of Employer Print name of Employer Address Address Telephone # For Prothonotary use only Date: Curtis R. Long, Prothonotary v. Defendant Deputy (Sea] of the Court)