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HomeMy WebLinkAbout09-4684COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Han. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOWNS COMMONS -SUITS 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 ke- d 4 - 4(, &,( Ctai T, NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS FCT RSHABILITALTION LP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS [_CAFFAS, HEATHER 7 1205 EDINBURG CIRCLE NEW CUMBERLAND, PA 17070 CT REHABILITALTION LP L J 100 GEORGETOWN ROAD Docket No.: LT-0000001-09 MECHANICSBURG, PA 17050 Date Filed: 12/31/08 9. THIS IS TO NOTIFY YOU THAT- Judgment: FOR PLAINTIFF - R Judgment was entered for: (Name) CT REHABILITALTION L, P _ Judgment was entered against CAFFAS, ® HEATHER in a Landlord/Tenant action in the amount of $ 945.60 on 1/20/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 1.205.00. The total amount of the Security Deposit is $ .00 Total Amount Establis hed b MD Less • Security Deposit Applied= Adjudicated Amount Rent in Arrears $ 6 844.60 - $ .00= $ 844.60 Physical Damages Leasehold Property $ .00 - $ .00= $ .00 Damages/Unjust Detention $ .00 - $ _ 00= $ -00 Less Amt Due Defendant from Cross Complaint - $ 00 Interest (if provided by lease) . $ 00 L/T Judgment Amount $ 44 60 ? Attachment Prohibited/ Judgment Costs - $ 101 00 42 Pa.C.S. § 8127 Attorney Fees . $ nn ? This case dismissed without prejudice. Total Judgment _ $ 945.60 ® Possession granted. ? Possession granted if money judgment ? Possession not granted. 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. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. 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. 0 2009 Date 77-1 t Isisatl 5/26/2009 Date ning rial District District Judge My commission expires first Monday of January, 2014 AOPC 315A-08 SEAL OF THr7- 'TA 2909 JibL 1 ? F i 1 2: ?t2 C{? j0 6?e e.. :2 a 7 q -7 10 CIO Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Heather Caffas C/O Reflections Hair Designs 3885 Rosemont Avenue Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-04684 CIVIL ACTION - LAW 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 Heather Caffas, Defendant (2) Against Reflections Hair Designs, Employer of the Defendant. Date 1'15_0et %?t 1 Attorney for Judgment Creditor-Landlord Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 r Certification by Judgment Creditor - Landlord I certify that 1. The Plaintiff judgment-creditor is CT Rehabilitation LP 100 Georgetown Road Mechanicsburg, PA 17050 2. The Defendant judgment-debtor is Heather Caffas C/O Reflections Hair Designs 3885 Rosemont Avenue Camp Hill, PA 17011 3 The Employer Garnishee is Reflections Hair Designs (Payroll & human resources) 3885 Rosemont Avenue Camp. Hill, PA 17011 4. The judgment arises out of a residential lease for the premises at 1205 Edinburg Circle Mechanicsburg, PA 17050 5. (a) The amount of the judgment is $945.60 (b) A security deposit in the amount of $2,240.00 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 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.111 (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 -1 ` 1 S? 0? -44A 4_YV1_ Attorney for Judgment Creditor-Landlord Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 I 111 ;i Triple Crown Corporation DEVELOPERS ¦ BUILDERS ¦ MANAGERS 5351 Jaycee Avenue rvui?excelle?ice /h reel es?r?e serUices (717) 920-8949 Harrisburg, PA 17112 FAX (717) 657-8125 www.triplecrowncorp.com demartinoa@triplecrowncorp.com July 15, 2009 Supreme Court of Pennsylvania Civil Procedural Rules Committee Poverty Income Guidelines for 2009 Pennsylvania Rules 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 to 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 Persons in Family or Household 48 Contiguous States and D.C. 1 $10,830 2 14,570 3 18,310 4 22,050 5 25,790 6 29,530 7 33,270 8 37,010 For each additional person, add 3,740 COMNIONNNEAL T H, OF PENNSYLVANIA COUNT`! OF: CBRLAND Mag. Dist. No.. 09-1-01 MDJ Name: Hon. (MUtLE S A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOE CONKONS -SUITZ 3 W CMCBERL 3, PA raieonone: (717) 774-5989 17070 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS [CT RBEABILITALTION LP 100 GEORGETOWN ROAD CELANICSBURG, PA 17050 L v8. DEFENDAN : NAME and ADDRESS iCAYFAS, E ATIERR 1205 EDINBURG CIRCLE r^. CUMB8RLA2M, PA 17070 CT RZEULBILITALTION LB 100 GEORGETOWN ROAD Docket No.: LT - 0 0 0 0 0 01- 0:9 XzCBANICSBURG, BA 17050 Date Filed: 12/31/08 THIS IS TO NOTIFY YOU THAT: ';- Judgment: ?OR p?IrTgaa = Ix I Judgment was entered for: (Name) CT RSBABILITALTION L, P 5 Judgment was entered against CAFFAS, HEATHER in a ® Landlord/Tenant action in the amount of $ 945. 60 on 1/20/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 1, 205.00. The total amount of the Security Deposit is $ .00 Total Amount Established b?1 MDJ Less. Security Deposit Applied = Rent in Arrears $ 844. 60 - $ .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 ? 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 J Adjudicated Amount 844,60 $ .00 $ _00 $ .00 $ _00 $ 844-60 $ 101.00 _00 $ 945.60 ? 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. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. 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 JUDGMENTITRANSCRIPT 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. r ? /{ F V .. f + AN-25-2005 10:03 TRIPLE CROWN CORPORATION COIV mONWEALTM OF PENNSYLVANIA COUNTY OF: Cumberland Magisterial District Numcer, 09-1-01 District Justice Name: lion. Charles A. Clement Jr. Address: 400 Bridge Street Olde Towne Commons Suite :3 New Cumberland PA 17070 Telephone: (717)774-55989 Amount Date Paid Filing Costs I $ q6-040 T Posta e Service Costs I $ A Constable Ed. $ Total I S 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 together with costs against you for the possession of real property and for: Lease is ® Residential ? Nonresidential. 7176578125 LANDL©630 AND TENANT COMPLAINT PLAW IFF: NAME and ADDRESS CT Rehabilitation LP 100 Georgetown Road Mechanicsburg, PA 17050 Phone 697-2226 Fax 697-3008 Vs. DEFENDANT: NAME and ADDRESS F P. 01/01 Heather Caffas In Care of Reflections Hair Design 3885 Rosemont Ave. Camp Hill PA. Docket No.: -40 Date Filed: 1 -5- /+,q I 7 J Damages for injury to the real property, to wit: Rent. utilites and fees due at the time of move out Carpet chino fees admin fees post move out in the amount of. $ 844, ] Damages for the unjust detention of the real property in the amount of $ ] Rent remaining due and unpaid on filing date in the amount of ] And additional rent remaining due and unpaid on hearing date $ ] Attorney fees in the amount of $ Total: $ 844. THE PLAINTIFF FURTHER ALLEGES THAT: 1. The location and address, if any, of the real property is 1205 Edinburg Circle New Cumberland PA 17070 2. The plaintiff is the landlord of that property. 3. He leased or rented the property to you or to under whom you claim- 4. ? 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 conditions of the lease, to wit: ? Rent reserved and due has, upon demand, remained unsatisfied. 6. You retain the real property and refuse to give up its possession. I, Elaine Marie Beachler for CT Rehab LP 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 Aan4 of 1b Crimes Code (18 PA. C.S. § 4904) relating to unsworn falsification to authorities. / _--? 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 transnnr+a+;- and Summary on Reversa I . RLED -Or'-FiCE OF THE R-ROT"jCN7iARY 2004 JUL 22 Ala! 1 I : 12 i''EN111 j`r -rVAI O ld, £?- e,k- 3 19 0-0 ,. .? 8,2 9.z. Sheriffs Office of Cumberland County R Thomas Kline Sheriff ?tr at cutnbref Ronny R Anderson ?$? ??b Chief Deputy L yr Jody S Smith ' Civil Process Sergeant or' j s " E'_'-MFF Edward L Schorpp Solicitor OF THCE 2009 JUL 27 AM 9: 26 RENT dSYl ,"A'NiA CT Rehabilitation LP vs. Heather Caffas SHERIFF'S RETURN OF SERVICE Case Number 2009-04684 07/23/2009 07:35 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on July 23, 2009 at 1935 hours, he served a true copy of the within Notice of Intent to Attach Wages, upon the within named defendant, to wit: Heather Caffas, by making known unto Melissa Lorello, Manager at 3885 Rosemont Avenue Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 July 24, 2009 SO ANSWERS, A0 r~A19 eA e~ R THOMAS KLINE, SHERIFF Deputy S e iff CT Rehabilitation LP 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Heather Caffas C/O Reflections Hair Designs 3885 Rosemont Avenue Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. oy6 ?y cv-V CIVIL ACTION - LAW PRAECIPE FOR WRIT OF ATTACHMENT To The Prothonotary: Please issue a Writ of Attachment to attach the wages of Defendant, Heather Caffas at/from Reflections Hair Design 3885 Rosemont Avenue Camp Hill PA 17011 (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 $ S(o0, said damages arising out of a residential lease between the Plaintiff and the Defendant for that leasehold premises located at _ 1205 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 Comoration. 5351 Jaycee Avenue Harrisburg PA 17112, phone 717-920-8949. Respectfully Submitted, a-10-0 Date By: AttorneM uagintnt Creditor-Landlord Mark X. Di Santo PA Bar #51090 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 FIL E1_.Y, r-)F: THE PP- 0-r 2009 SEP 2?' PM 12: 4 9 a . ti CT Rehabilitation LP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION Heather Caffas, No. 06-3833 -Civil Term Employee TO: Reflections Hair Design 3885 Rosemont Avenue 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 $945.60 (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: Heather Caffas c/o Reflections Hair Designs 3885 Rosemont Avenue Camp Hill, Pa. 17011 Any questions should be directed to the Plaintiff-Creditor: Mark X DiSanto Esq Triple Crown Corporatio 351 J cee Avenu , arrisburg, Pa. 17112 Date: 09-24-09 urtis R. Long Pro on Costs: $92.75 By Deputy: .. 1% 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 v. Defendant No of Year The following person, Or is no longer and employee (___) Date: has never been (_) Signature of Employer Print name of Employer Address Address Telephone # For Prothonotary use only Date: Curtis R. Long, Prothonotary Deputy (Sea] of the Court)