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HomeMy WebLinkAbout09-7630 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: COMERLAND Mag. Dist. No MDJ Name: Hon. 09-3-03 SUSAN X. DAY Address: 229 19ILL ST, BOX 167 NT. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 NOTICE OF JUDGMENTLTRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rVINCENZO & G$RARDA NAZZANWO 501 LIMESTONE ROAD CARLISLE, PA 17013 L J VS. DEFENDANT: NAME and ADDRESS rDARR, TARA - DARHON ZR, TA1M, 'RM=? 230 YORK ROAD APT/STE B CARLISLE, PA 17013 VINCENZO A GERARDA 11AZZAMUTO L J 501 LIMESTONE ROAD Docket No.: LT-0000278-09 CARLISLE, PA 17013 Date Filed: 7/08/09 Ila THIS IS TO NOTIFY YOU THAT: Judgment: POg PLA XNTIPF - ® Judgment was entered for: (Name) . VINCENZO A GERARDA 11AZZANUTO Judgment was entered against DARR, TARA - DARHOWER, TAII= in a ® Landlord/Tenant action in the amount of $ 2,573.25 on 7/21/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $690.00. The total amount of the Security Deposit is $ .00 Total Amount Establish-4 b MDJ Less • Security Deposit Applied = Adjudicatted Amount 20 00 - Rent in Arrears $ 2 0 0 _ 2 420 00 , . $ . $ , . Physical Damages Leasehold Property $ .00- . 00!= $ .00 Damages/Unjust Detention $ -00-1 -an- $ 00 - Less Amt Due Defendant from Cross Complaint -- $ .00 Interest (if provided by lease) $ -00 L/T Judgment Amount $ 2 420 00 Attachment Prohibited/ . - Judgment Costs $ 153 25 42 Pa.C.S. § 8127 . Attorney Fees $ 00 ? This case dismissed without prejudice. Total Judgment $ 2,573.25 ? Possession granted. X Possession granted if money judgment ? Possession not granted. Post Judgment Credits Post Judgment Costs Certified Judgment Total $ 2,573.25 ? 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 REFEWtO Pa.R.C.P.M.D.J. No'. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING .THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY TAE`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 kNOTICE OF APPEAL WITH'THE PROTHONOTARY/CLERK OF COURTS OF.THE COURT OF COMMON PLEAS, CIVIL DIVIMON, THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF TITS"NQTICE OFJ GMENT/TRANSCRIPTIM-WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDtJRE OF 'ASTERIAL DISTI:IICT>JUdGES,;IF THE JUDGMENT HOLDER ELECTS TO. ENTER THE JUDGMENT IN THE COUf3T tQKCOMMON PLEAS, ALL FURTHER PROCEESS MUST COME FROM THE COURT OF COMMON.PLEAS=AND N,O FURTHER PROCESS MAY 9j§SbkD BY THE MAGISTERIAL DIST'RIQTJUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE?C66hf OF. COMMON "PLEAS, ANYONE,INTERESTED IKJrHE 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 at this is a ti 09 Date isterial District District FIL L- ';?rC nT Y OF TH'c 2009 NOW -4 T 47 CUtJ? .. :_1 wuNTY PEN SYL%IANIA $a? . PO RTTY Harold 5. Ti u:iln ?i cx,o 131,34 zT*- a33o1q IJa-hcy, i?daal.?? 04P Vincenzo&Gerarda Mazzamuto - (I 1 501 Lime Stone Rd Carlisle, PA 17013 ;13 OCT 15 NI 2: 3 2 Plaintiff In Pro Per 7,,:4, , f, N,, , _ ; 3 PENNSYLVANIA 4 Cumberland County Courthouse 5 6 ) Case No.: 09-7630 Vincenzo& Gerarda Mazzamuto, 7 ) ACKNOWLEDGMENT OF ASSIGNMENT Plaintiff, ) OF JUDGMENT 8 ) vs. ) 9 Tammy Darhower& Tara Darr, )< 10 ) Defendant ) 11 12 COMES NOW, Vincenzo& Gerarda Mazzamuto,Plaintiff in the within matter and hereby 13 provides the following in support of an ASSIGNMENT OF JUDGMENT: 14 1) THAT judgment was entered by this court on or about 7/21/09. 15 2) THAT Plaintiff Vincenzo& Gerarda Mazzamuto was awarded against Defendant 16 Tammy Darhower&Tara Darr the sum of$2,573.25. 17 3) THAT there have been no renewals since the entry of said judgment by this court and that 18 Plaintiff Vincenzo& Gerarda Mazzamuto has received $0.00 of judgment from 19 Defendant Tammy Darhower& Tara Darr. 20 4) THAT Vincenzo& Gerarda Mazzamuto of 501 Lime Stone Rd Carlisle, PA 17013 is the 21 judgment creditor of record. 22 5) THAT the last address of record for the judgment debtor is 70 N Middleton Rd Carlisle, 23 PA 17013. 24 6) THAT I hereby transfer irrevocably, without recourse, and assign all title, right, and 25 interest in the within judgment to the following person: 26 Michael Carducci 27 *C'�,SO p(Ir C DB/A MDC Judgment Recovery 28 Cash PO BOX 52 Mount Holly Springs, PA 17065 1Z,'.216 V6 e "Acknowl edcrment of Assi cmment of Judgment" - 1 1 717-609-0178 2 7) THAT I hereby authorize Assignee, Michael Carducci D/B/A MDC Judgment Recovery, 3 to recovery, compromise, settle and enforce said judgment and I withdraw all right and 4 claim to same. 5 6 Signed this 5 day of Od-)�. , 2013 at and PA. 7 f �c,-shit r/ 7b .a ^.,0 Sv3SCet(sf-� �8 SE E "tE77-hs. [ 9 inc o : ar azz to c 70 4 64, 10 • 11 • . 'dI 12 13 NOTA• HAROLD S IR ' ' UI 14 Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Feb 6,2015 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Acknow1 PCic1mEmt of Assi cmment of Tudctmcmt" — 2. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1q k e e/ eatziarC r` CIVIL DIVISION /) udr f �AECIPE FOR WRIT OF EXECUTION �( ❑ Confessed Judgment Plaintiff . ❑ Other T- VS. f File No. G 6 3© � �� (� TQ�t�+(9 r�8 f�°{/' Amount Due D ?, 573'. 2.5 6130 «ork �d if 3 6rhsif, /4i- 003 (rock %���� Defendant Interest e 1 Pp 9ox (00( /14, err t (ta��y cOtrr� � Pro <7B6S Address: Atty's Comm c . Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of C-) N c� m 7J no a rrico County, for debt, interest and costs, upon the following described property of the defendant (s) Z co >(--) n a ry PRAECIPE FOR ATTACHMENT EXECUTION -r7 N Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above -named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) f� Tarcc.1 r d- rfAlf ty farhOWer e1(Wed -19 Pen k se�}' ki/ppderesi bait at 6'd ./1% ©6k lyd Cfek4 l / /7913.. `.x frsi -to levy af(4«or(afs mere wifirtsrvA -tta ti,„ and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). 0 (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date Vf24140' 6119:00 pot' /lZ/ ;5"- q. q.s'� Ca54 g- 30s-077 //f ,Cy T c,,�n� Signature: Print Name: f/"c'kap( rar`du�'; Address: / ©e' P 80k /0.), Attorney for: Telephone: qi ?- t d717g Supreme Court ID No: Dgc-,b, THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240 -6195 www.ccpa.net Michael Carducci d /b /a MDC Judgment Recovery Vs. NO 09 -7630 Civil Term CIVIL ACTION — LAW Tara Darr & Tammy Darhower 230 York Rd., Apt. 3 Carlisle, PA 17013 WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF COUNTY: To satisfy the judgment, interest and costs against Tara Darr & Tammy Darhower Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of Woodforest BankGARNISHEE(S), as garnishee, 60 Noble Blvd., Carlisle, PA 17013 (Specifically describe property) and to notify the garnishee that Tara Darr & Tammy Darhower are believed to bank at Woodforest Bank at 60 Noble Blvd., Carlisle, PA 17013.1 wish to levy all accounts there with their name. (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $2,573.25 Plaintiff Paid $65.75 Interest 6% from 7/21/09 Law Library Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid Other Costs Date: 4/28/14 (Seal) REQUESTING PARTY: Name : Michael Carducci, Pro Se Address: P.O. Box 102 Mt. Holly Springs, PA 17065 Attorney for: Telephone: 717 -609 -0178 Supreme Court ID No. Pro Se David D. Buell, Prothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 09 231 Pa. Code Rule 3253. Interrogatories in attachment. Page 1 of 4 C, I m CD , CD -n • • , Interrogatories of the plaintiff to the garnishee shall be substantially in the following-, fob:7-k-- k lckat rducci (Caption) 4/4/4. fidc 7-kdieoft-f- Xec oven) Xce, PREVIOUS NEXT • CIIAMER 111.1.E BROWSE Tor; TOC Rule 3253. Interrogatories in attachment. Temotty ,DetrA 0 roe r 00, Lox /Qa /of. fitylly Sp r149( Al 170 0" I arc,- hrr Interrogatories to Garnishee To ilic2oci1C9res,-t- bqnk. : (Garnishee) d cCe)efe,S -k4eza�7rtIc1utLS You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? C€e-611/4 acLoaf* 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? tbk 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which the defendant held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? n 16k 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore? 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? ,6\ 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or Federal law? If so, identify each account and state the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. flIA 8. If you are a bank or other financial institution, at the time you were served or at any http://www.pacode.com/secure/data/231/chapter3000/s3253.html 4/28/2014 231 Pa. Code Rule 3253. Interrogatories in attachment. Page 2 of 4 subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. (The plaintiff may set forth additional appropriate interrogatories.) r L A°1 Explanatory Comment Numerous federal and state statutes provide that funds paid to individuals pursuant to the statutes are exempt from execution, levy and attachment. Perhaps the premier statute in this regard is the Social Security Act which provides, 42 U.S.C. § 407: § 407. Assignment; amendment of section (a) The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law. Section 407 provides that not only are future payments exempt from execution but so too are the funds once they have been deposited in the recipient's account in a bank or other financial institution. Prior to the present amendments, the Pennsylvania Rules of Civil Procedure did not comply with these provisions. The writ of execution under Rule 3252, paragraph 2(b), provided that "the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof." The writ contained no exception for funds of the defendant which are exempt from execution. In addition, the defendant was required to claim the exemption by filing a claim under Rule 3123.1. The present amendments to the execution rules address this problem. Under the amended rules, the judgment creditor rather than the defendant has the burden of raising an issue with respect to exempt payments within the scope of new Rule 3111.1. The defendant need not file a claim for exemption as exempt funds are not attached. The amendments are as follows: 1. New Rule 3111.1 is to be promulgated, explicitly stating that funds of the defendant on deposit in certain accounts with a bank or other financial institution are exempt from execution. Social security payments are not named. Rather, the rule speaks in terms of "funds on deposit in a bank or other financial institution in an account in which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law." 2. The form of the writ of execution set forth in Rule 3252 is amended by incorporating the language of new Rule 3111.1(1). New paragraph 2(c) of the writ advises the garnishee that the attachment does not include the defendant's funds in an account which exempt funds are deposited electronically on a recurring basis. http://www.pacode.com/secure/data/231/chapter3000/s3253.html 4/28/2014 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA — CIVIL DIVISION Michael Carducci da MDC Judgment Recovery vs. Tara Darr & Tammy Darhower VERIFICATION Plaintiff Case No. 09-7630 Defendant I, Kinzi Johnson , hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Date: April 29, 2014 By: Kin Wo JA))0� Johnson forest National Bank 25231 Grogan's Mill Rd., Suite 100 The Woodlands, TX 77380 832-375-2898 — Phone 832-375-3071 — Fax