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HomeMy WebLinkAbout09-4685COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No. 09-3-04 MDJ Name-. Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 761-8230 17050 7?,, v ?;, q e_ F - NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FBENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVE. HARRISBURG, PA 17112 L J VS. DEFENDANT: NAME and ADDRESS rSHUGHART, DAWN 5601 COLLEGE ROAD APT/STE 304 KEY WEST, FL 33040 BENT CREEK LIMITED PARTNERHSIP L J 5351 JAYCEE AVE. Docket No.: CV-0000269-09 HARRISBURG, PA 17112 Date Filed: 5/05/09 r gag THIS IS TO NOTIFY YOU THAT: DEFAULT JUDGMENT PLTF 6/04/09 Judgment: m1n.r (Date of Judgment) ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 8,130.51 Defendants are jointly and severally liable. Damages will be assessed on Date & Tim( ? This case dismissed without prejudice. BENT CREEK LIMITED PARTNERSSIP SHUGHART, DAWN Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F] Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 8,000.00 Judgment Costs $ 130.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 8,130.50 Post Judgment Credits $ Post Judgment Costs $ 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. .I UU 07 Date I certify that this is a ti 4Y -UAL 6 D-te My commission expires first Mondav of January. 2010 riai District Judge ings containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 FILED--; ?r ;r OF THE P; ?; -'0N 0TAPY 2009 JUL 14 PH 2= 4 5 t, p' C. 3 9F62 deel- ?Z2 .7 976 Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs N0.2009 CV 4685 Dawn Shughart 5601 College Road, Apt 304 Key West, FL 33040 CIVIL ACTION -LAW Defendant ~ C N O _ l..J ' p ~ 1 ~'~ tl'i r; i ~ Praecipe for Notice of Intent to Attach Wages ~ ~~~' -- ~ ~ yr ``: ca ~ ~~ Q, To the Prothonotary: ; ; ~ ~ , ~ _ ~ N W Issue a Notice of Intent to Attach Wages in the above matter (1) Against Dawn Shughart ,Defendant (2) Against Kai Kai Sandals (Payroll Dept),,, Employer of the Defendant. Date U' ~ d J ~l Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 Q ~~~.o~~~ c~ ~z~~3 ~.~ e2,~S3a,~ ~VD~tG~ rn~~~ Certification by Judgment Creditor -Landlord I certify that 1. The Plaintiff judgment-creditor is Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 2. The Defendant judgment-debtor is Dawn Shughart 5601 College Road, Apt 304 Kev West, FL 33040 3 The Employer Garnishee is Kai Kai Sandals (Payroll Dept) 910 Duval Street Kev West, FL 33040 4. The judgment arises out of a civil complaint filed for partial reimbursement of administrative costs due to the Defendant stealing money and falsifying records to cover the theft. 5. (a) The amount of the judgment is $8,130.50 (b) A security deposit in the amount of $0.00 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.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 ~ "~ ~ "~ a 1 -1 Attorney for Judgment Creditor-Landlord Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Dawn Shughart 5601 College Road, Apt 304 Key West, FL 33040 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CV 2009-4685 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 '~ Triple Crown Corporation DEVELOPERS ^ BUILDERS ^ MANAGERS 5351 Jaycee Avenue f ~v~i~t~~ex~elfetcce ih reef es~~r~e services (717) 920-8949 Harrisburg, PA 17112 FAX (717) 657-8125 www.triplecrowncorp.com demartinoa@triplecrowncorp.com February 23, 2010 Supreme Court of Pennsylvania Civil Procedural Rules Committee Poverty Income Guidelines for 2010 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: 2010 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 erson, add 3,740 . , Request for Service Ronny R. Anderson Cumberland County Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square, Room 303 Carlisle, PA 17013 Ph: 717.240.6390 Plaintiff/s: Court Number: 09-4685 Civil Term Bent Creek Limited Partnership 5351 Jaycee Avenue Expiration Date: Harrisburg, PA 17112 Type of Action: Landlord Tenant Law Defendants: Dawn Shughart Serve Upon: Defendant or available adult at either address listed below. Address for Service: -Home 5601 College Road, Apt 304 Ke West, FL 33040 Alternate Address for Service: -Work Kai Kai Sandals 910 Duval Street Key West, FL 33040 Type of Service: ^ Personal ^ Adult in Charge ^ Deputize ^ Certified Mail ^ Posting (copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county Dauphin Filing Attorney's Information: Name: Mark X. DiSanto PA Bar #51090 Attorney for Judgment Creditor-Landlord Address: 5351 Jaycee Avenue Harrisburg, PA 17112 Tele hone: 717-657-5729 " ~ SHERIFF'S OFFICE OF CUMBERLAND UTY ~~,.,~,~T~Y Ronny R Anderson ~ ~~ , Q~ir~~ Sheriff pp Q 1~ Jody S Smith ~~~fl ~{si~ ~ 2 Chief Deputy ° - Edward L Schorpp ~~ ~~~'"R~~.! Solicitor ~r~ r " ` -"~ ~~'~'~~ ~~~'~~~~ Bent Creek Limited Partnership Case Number vs. Dawn M. Shughart (et al.) 2009-4685 SHERIFF'S RETURN OF SERVICE 03/04/2010 On this date Ronny R. Anderson, Sheriff mailed the within Notice of Intent to Attach Wages by certified mail, return receipt requested to Kai Kai Sandals. 03/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Notice of Intent to Attach Wages upon the within named defendant, Kai Kai Sandals Payroll Department, in the following manner: On March 4, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Notice of Intent to Attach Wages to the defendant's last known address of 910 Duval Street, Key West, FL 33040. The certified mail return receipt card was received by the Cumberland County Sheriff's Office signed by Eric Lany on March 8, 2010. SHERIFF COST: $33.71 March 15, 2010 SO ANSWERS, `'_- RON ~ R ANDERSON, SHERIFF s Coup±ySuite She:nft. Te!~cscft. Inr. .. •• ~ 1 • D- ,, ~ ' .•• .•. ~ _ ~ ~, tti Postage S m O Certified Fee O O Retum Redept Fee Postmark (Endorsement Required) Here ~ ResMcted Delivery Fee fr'1 (Endorsement Required) ? j .CQ I f ~ /! ! / Total Postage & Fees ~ 5 7 ~ 0 2009-4685 ~ nt o C] ` ~ ~ ~P ~Y~,L_.A~~'ART'~!lENT--- orl~eoarwo. 910 DWAL STREET --------------------------------- ----- ----- -- cni.'srate,-ziY--WEST ----...-------------•--•---------------------------.: FL 33040 ^ Complete items 1, 2, and 3. Also complete ign Rem 4 if Restricted Delivery is desin3d. I, Agent ^ Print your name and address on the reverse ^ Addressee so that we can return the card to you. ' ^ Attach this card to the back of the mail~lece, eceiv by { Printe e) or on the front if space permits: 1. Article Addressed to: D. Is elivery add em If YES, enter livery addre below: ^ No KAI KAI SANDALS PAYROLL DEPARTMENT 910 DWAL STREET KEY WEST, FL 33040 3. Service Type ~Certtfied Mall ` ^'.~xpress Mail ^ Registered. L7 Retum Receipt for Merchandise ^ Insured Mali ^ C.O.D. 2009-4685 4. Restricted Delivery? (Exfra Fee) ~ Yes 2. Article Number 7DD4 135^ DD03 7y45 8916 {transfer from service /abeq -~ Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ;