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HomeMy WebLinkAbout09-449309 - W493 C;v1 T COMMONWEALTH OF PENNSYLVANIA (;C)I INTY nF- CUMBERLAND Mag. Dist. No.: 09-3-05 DJ Name: Hon. GAYLE- A. ELDER Address: 507 N. YORK ST. MECHANICSBURG, PA Telephone: (717) 766-4575 17055 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS rWALKER, WILLIAM T. 170 BRINDLE RD. MECHANICSBURG, PA 17055 L J VS. DEFENDANT: NAME and ADDRESS FKENDALL, CHRISTINA 234 A WEST LOCUST MECHANICSBURG, PA 17055 L J WILLIAM T. WALKER 170 BRINDLE RD. Docket No.: LT- OCIO0181- 04 MECHANICSBURG, PA 17055 Date Filed: 6/25/04 f THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF 1 Judgment was entered for: (Name) WALKER, WILLIAM T. Judgment was entered against KENDALL, CHRISTINA in a C7 Landlord/Tenant action in the amount of $ 4,237.50 on 7/06/04 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established YQJ 01?ess Security Deposit Apl?li?d 80. Rent in Arrears $ u 00000 Physical Damages Leasehold Property $ 2,750.00-$ . _ _ 00 Damages/Unjust Detention $ _00-$ Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) UT Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. Total Judgment AdjudicaledAry u0nt0 2,750.00 $ _00 $ _00 $ _00 $ 4,130.00 $ 107.50 $ _00 $ 4,237.50 ?X Possession granted. Post Judgment Credits $ I Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is no sa is le by time o eviction. ? Possession not granted. ? 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 310 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 JUDOMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date ce tl y at t Is is a true an cor _- r--) n, _--my-commission expires first Monday of Ja AO PG 315A-03 _ ;-District Justice• I tie t« anent.. 2006 SEAL RLED- D-FICE OF THr'1'??? ?7ARY 2009 JUL -6 PM 3= 36 4a7.015 Po &GAR G-it &qs/ Qx? as??yy o? WILLIAM T. WALKER, Plaintiff V. CHRISTINA KENDALL, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. pQ-yy43 Civil'Terw CIVIL ACTION 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 CHRISTINA KENDALL, Defendant, and (2) Sunoco 781, Employer of Defendant CHRISTINA KENDALL. Date: July 6, 2009 JAM S D. BO 1 ESQUIRE 1 West Main reet Shiremanstown, PA 17011 Telephone: (717)737-8761 ID No. 19475 Attorney for Plaintiff William T. Walker, Judgment Creditor-Landlord FILED t ' ?4 OF 11-1E PF y 2009 JK;L -5 P i X41 old ? ;yam 1? .. -+'&q,00 PO ATTY cx:` 051 R-T* asp(.yy , of WILLIAM T. WALKER, Plaintiff V. CHRISTINA KENDALL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CR - L4 L4 a3 - CA'utl -mro, : CIVIL ACTION 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 court for nonpayment of rent for, or damages 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 guideline 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. 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 F ,. Supreme Court of Pennsylvania Civil Procedural Rules Committee Poverty Income Guidelines 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 2009 are set forth in the following chart: 2009 HHS Poverty Income Guidelines Expressed in Monthly Amounts Size of Family Unit Poverty Guideline Monthl Amount 1 $902.50 2 1,214.17 3 1,525.84 4 1,837.50 5 2,149.17 6 2,460.84 7 2,772.50 8 3,084.17 For each additional person, add 311.67 L WILLIAM T. WALKER, Plaintiff V. CHRISTINA KENDALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 0'4-qy43 Civ lTerk CIVIL ACTION CERTIFICATION BY JUDGMENT CREDITOR - LANDLORD I certify that: 1. The plaintiff judgment-creditor is William T. Walker, 170 Brindle Road, Mechanicsburg, Pennsylvania 17055. 2. The defendant judgment-debtor is Christina Kendall, whose address is 421 W. King Street, Apartment B, Shippensburg, Pennsylvania 17257. 3. The employer garnishee is Sunoco 781, having a mailing address of P.O. Box 403, Newburg, Pennsylvania 17240 (PA Turnpike rest stop located 24 miles West of PA Turnpike Exit 16, Cumberland County), employer of Defendant, Christina Kendall. 4. The judgment arises out of a residential lease for the premises at 234 A West Locust, Mechanicsburg, Pennsylvania 17055. 5. (a) The amount of the judgment is $4,237.50. (b) No security deposit is being held by landlord, William T. Walker, Plaintiff. (c) The Defendant has not paid any money towards the satisfaction of the judgment. 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 in an action brought before a magisterial district judge. 8. 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 as Exhibit "A", showing that the action arose from a residential lease. 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 10 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: July 6, 2009 --i, &Z4:? William T. Walker Judgment Creditor-Landlord COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-05 DJ Name: Hon. GAYLE A. ELDER Address: 507 N. YORK ST. MECHANICSBURG, PA Telephone: (717 ) 766-4575 17055 HUugb Uate Paid Filing Costs $ 6/25/ 2004 Postage $ 20.00 Service Costs $ - 6/25/ 2004 Constable Ed. 5.00 6 /25L-&04 Total 107 so a-/:2& 2s04 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 F- WlL41" *r. WAwm /?o Q RI W 4 t:Cy"' L IrtL?Lt Ic-s'e' c.,4A. 1?0 S Y VS. DEFENDANT: NAME and ADDRESS F- C. fRrS17Nj? k+zWWD LL z 34 A vie-sr Loc-v4r- 51% L rc Et?aN t?S(3?1>dG-, PA- r 1035- Docket No.: LT-181-04 Date Filed: 6/25/2004 I V I Ht UtrtNUAN 1: the above named plaintiff(s) asks judgment together with costs against you for the possession of real property and for: Lease is !ice Residential F? Nonresidential. El Damages for injury to the real property, to wit:_ 1-10 Damages for the unjust detention of the real property in the amount of Lokc Rent remaining due and unpaid on filing date in the amount of y A d dd't' I ark in the amount of wt 600 lao n a I Iona rent remaining due and unpaid on hearing date LAJIL. Attorney fees in the amount of THE PLAINTIFF FURTHER ALLEGES THAT: Total: $ 3' 3 (oQ 1. The location and the address, if any, of the real property is: Z 34A- W. L.ue&S I- S t-. 2. The plaintiff is the landlord of that property. 3. He leased or rented the property to you or to C ftl Sri N A KtV on SL,, under whom you clairr 4. [A 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 c nditions of a lea e, to wit: M0JC AL, ?.: ww fib /2 •?wwttw to or, FIRent reserved and due has, upon demand, remained unsatisfied. 6. You retain the real property and refuse to give up its possession. I, W t it-w &m r. W(J verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement ' ade subject to the penalties of Section 4904 of the Crimes Code (18 PA. C. S. § 4904) relalingNtp& nsw6tzq al ificatio t ,yttlorities. e-((00 fce.lt 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 district justice 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 address or telephone number. We are unable to provide transportat D 71 n A Ao Ramarks and summarv of testimony may ha recorded nn ravarsa stria 606? $ Z5ro $ 80 $ Sheriffs Office of Cumberland Coun t y R Thomas Kline [ ? . TAW OF THE O Sheri ? ,t p ct Lrrrr,yrrf Ronny R Anderson fro 2009 AUG 24 AN 10: 0 4 Chief Deputy Jody S Smith 'rV (,?ri y ?ti Civil Process Sergeant arcs c s?Gstrr =P?;v ?L?v, , ?, Edward L Schorpp Solicitor William T. Walker vs. Christina Kendall SHERIFF'S RETURN OF SERVICE Case Number 2009-4493 07/08/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Christina Kendall, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Notice of intent to attach wages and certification by judgment creditor according to law. 07/21/2009 02:00 PM - Franklin County Return: And now July 21, 2009 at 1400 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within Notice of Intent to Attach Wages and Certification by Judgment, upon the within named defendant, to wit: Chrsitina Kendall by making known unto herself personally, at 421 West King Street Apt. B Shippensburg, PA 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 August 20, 2009 WILLIAM T. WALKER, Plaintiff V. CHRISTINA KENDALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-4493 CIVIL ACTION PRAECIPE FOR ISSUANCE OF WRIT OF ATTACHMENT OF WAGES UPON CHRISTINA KENDALL To CURTIS LONG, PROTHONOTARY: A Notice of Judgment/Transcript Residential Lease has been filed with the Cumberland County Prothonotary's office against the Defendant, CHRISTINA KENDALL, in the amount of $4,237.50. Please issue a Writ of Attachment of Wages, Salary or Commissions of Defendant, CHRISTINA KENDALL. Ms. KENDALL's employer is Sunoco 781 of P.O. Box 403, New- burg, Pennsylvania 17240 (PA Turnpike rest stop located 24 miles West of PA Turnpike Exit 16, Cumberland County). Ms. Kendall was served with a Notice of Intent to Attach Wages by the Franklin County Deputy Sheriff on July 21, 2009. Defendant Kendall has not timely filed a claim for Exemption of Wages from Attachment. A copy of the Franklin County Deputy Sheriff's Return of Service is attached hereto as Exhibit "A". DATE: r 0%1 00 o ok C ?1 ,Ivv JE R B. PP, Esquire Pa. I.D. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing PRAECIPE FOR ISSUANCE OF WRIT OF ATTACHMENT OF WAGES UPON CHRISTINA KENDALL upon the following named individuals this day by depositing same in the United States Mail, First Class, postage prepaid, at Shiremanstown, Pennsylvania, addressed as follows: Sunoco 781 P.O. Box 403 Newburg, PA 17240 Christina Kendall 421 West King Street Apartment B Shippensburg, PA 17257 Date: A t 0\(()Cl\ Jennif r)B. Hij?pl, Esquire Pa. I.D. No. 86556 One Wes Main Street Shiremanstown, PA 17011 (717) 737-8761 2 R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor William T. Walker vs. Christina Kendall Sheriffs Office of Cumberland County G4??tp pt ?Igh?p?,?h? OFFICE OF'i`K VERIFF Case Number 2009-4493 SHERIFF'S RETURN OF SERVICE 07108/2009 R. Thomas Kline, Sheriff who being duly swom according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Christina Kendall, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Notice of intent to attach wages and certification by judgment creditor according to law. 07/21/2009 02:00 PM - Franklin County Return: And now July 21, 2009 at 1400 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within Notice of Intent to Attach Wages and Certification by Judgment, upon the within named defendant, to wit: Chrsitina Kendall by making known unto herself personally, at 421 West King Street Apt. B Shippensburg, PA 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 August 20, 2009 a EXHIBIT c? W J F /1 1) 1iH d) J J a . a SHERIFF'S RETURN - REGULAR CASE NO: 2009-00192 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN WILLIAM T WALKER VS CHRISTINA KENDALL J ROBY BACKENSTO , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon KENDALL CHRISTINA the DEFENDANT , at 0014:00 Hour, on the 21st day of July 2009 at 421 WEST KING STREET APT B SHIPPENSBURG, PA 17257 by handing to CHRISTINA KENDALLAT SAID ADDRESS a true and attested copy of NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 Sworn and Subscribed to before me this 26- day of A.D. ??Notar So Answers: J ROB By Z?A- qe 07/ 2009 9 WILLIAM WALKE CUMBERLAND CO S Notarial Seal Richard D. McCarty, Notary Public Chnnihcrsburg Boro, Franklin County ?? mission Ex ires Jan. 29 2011 In The Court of Common Pleas of Cumberland County, Pennsylvania William T. Walker vs. Christina Kendall 421 W. King Street, Apt. B Shippensburg, PA 17257 Civil No. 2009-4493 Now, July S, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 02? ?ccL , 20_??_, at 'clock M, served the within Ch r upon at by handing to i a copy of the original Al;4eu, and made known tower the contents thereof. Sworn and subscribed bef re , this / day of 2021 Richard D. McCarty, Notary Public Chambersburg Boro, Fcanldin County SERVICE $ MILEAGE AFFIDAVIT FILE D-? 2009 SEA' 10 P,h' 12::55 .31. 1+4 -car an , a5 N q -Po A WILLIAM T. WALKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION CHRISTINA KENDALL, No. 09-4493 -Civil Term Employee TO: SUNOCO 781 PO Box 403 Newburg, PA 17240 (PA Turnpike rest stop located 24 miles West of PA Turnpike Exit 16) 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 $4,237.50 (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: WILLIAM T. WALKER 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: CHRISTINA KENDALL 421 West King Street Apartment B Shippensburg, PA 19257 Any questions should be directed to the Plaintiff-Creditor: Jennifer B. Hipp, Esquire One West Main Stree Shiremanstown, PA 17011-6371 717-737-8761 ID# 86556 qL. Date: 9/10/09 ?12 ?t&L Curti R. Long, Proth no Costs: $88.69 By Deputy: a 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 Year 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)