The URL can be used to link to this page

Home My WebLink About10-1398COMMONWEALTH OF PENNSYLVANIA I e COUNTY OF: CUM ERLAND Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BREWBAKER Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717 ) 240 - 6564 17013 RICHARD JENKS SR 833 YORK ROAD CARLISLE, PA 17015 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FJENKS SR, RICHARD 833 YORK ROAD CARLISLE, PA 17015 L J VS. DEFENDANT: NAME and ADDRESS rHODGE, STACY 122 ELM ST CARLISLE, PA 17013 L J Docket No.: CV-0000362-09 Date Filed: 11/23/09 _ (Date of Judgment) 1/25/10 ® Judgment was entered for: (Name) JENKS SR, RICHARD Judgment was entered against: ((Name) HODGE, STACY in the amount of $ 2, G86.9 Defendants are jointly and severally liable. F1 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 $ 2,571.68 Judgment Costs $ 115.25 Interest on Judgment $ .00 Attorney Fees $ .0101 Total $ 2,686.931 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. t' a 5 ° t d Date Magisterial District Judge I ce ify t at this is a tr e a d c r ct copy of the record of the proceedings containing the judgment. \o Date hn G' LL Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED: 1/25/10 11:10:00 AM FILED- DFFICE OF THE 2010 FEB 26 AH (0:24 CU??IE?'- a ?Ty e?sh R ec.-9 a38'D7(a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD JENKS, SR., Plaintiff v. STACY HODGE, Defendant CIVIL ACTION AT LAW CASE N0.2010-01398 PRAECIPE FOR NOTICE QF INTENT TO ATTACH WAGES To the Prothonotary: N o Issue a Notice of Intent to Attach Wages in the above matter ~~ ~~~ -- _. _ y 3 ~ ~ 1 A i S ~ f c,~ ~~.m r'`- ~ ~ ). ga nst tacy Hodge, Defendant .~ ~ ~1 122 Elm Street ~° `-' ~ ~ ~• ~ ~ Cazlisle, PA 17013 `.°. cr 2). Against Ahold Financial Services, employer of the Defendant 1149 Harrisburg Pike Carlisle, PA 17013 Date: ~ ~, -r`G' ......~ A : ~ { `~,~~''.~ ,..~: ~ '~ ~-~''v ~7~ , Judgment Creditor~:an dlord Richard Jenks, Sr. 833 York Road Carlisle, PA 17015 ~'lf~ Q~~~ +- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD JENKS, SR., Plaintiff v. STACY HODGE, Defendant CIVIL ACTION AT LAW CASE N0.2010-01398 CERTIFICATION BY JUDGMENT CREDITOR-LANDLORD I certify that 1. The plaintiff judgment-creditor is Richazd Jenks, Sr.who currently resides at 833 York Road, Carlisle, PA 17015. 2. The defendant judgment-debtor is Stacy Hodge who resides at 122 Elm Street, Carlisle, Pennsylvania 17013 3. The employer garnishee is Ahold Financial Services, 1149 Harrisburg Pike, Carlisle, Pennsylvania 17013. 4. The judgment arises out of a residential lease for the premises at 457 North College Street, Second Floor, Carlisle, Pennsylvania 17013. 5. a). The amount of the judgment is $2,686.94. b). A security deposit in the amount of $615.00 was being held by the judgment creditor-landlord. The amount of the judgment after the application of the security deposit to the damages is $2,686.94. 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 a magisterial district judge; in an action commenced in the Philadelphia Municipal Court. A 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 recovery of possession of real property (Pa.R.C.P.M.D.J. 501 et.seq). before a magisterial district judge, copies of the appropriate magisterial district judge records are attached showing that the action azose from a residential lease and that the defendant appeazed or filed papers in the action or that the complaint was served by handing a copy to that of 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 the action arose from a residential lease and that the Defendant appeared or filed papers in the action. I certify that the statements made in this Certification aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: ' - - i0 ~. ~` ~ `''~ ~ ~~ C...... ~ -5 r udgment Creditor~ndlord COMMONWEALTH OF PENNSYLVANIA / D _~ 2 C~' ~Ol3NTY (~F• CIIMBERi,AND ~.J I Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BRRWRAKRR Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717 ~ 240-6564 17013 RICHARD JENRS SR 833 YORK ROAD CARLISLE, PA 17015 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAIZiTIFF ® Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rJENKS SR, RICHARD ~ 833 YORK ROAD CARLISLE, PA 17015 L DEFENDANT: rHODGS, STAGY 122 ELM sT CARLISLE, PA J VS. NAME and ADDRESS 17013 L J Docket No.: CV- 0000362 - 09 Date Filed: 11/23/09 - (Date of Judgrent) (Name) ~~ SR, RICHARD Judgment was entered against: (Name) in the amount of $ 2.686.9 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 $ 2.571.68 Judgment Costs $ 115.25 Interest on Judgment $ ~~ Attorney Fees _ $ ~ Total $ 2, 686.93 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 JUDGMF~~ T MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT D~OR P~4YS IM~ULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~ r-•-•. "n --r-, ~-t. -r-~ :-~ _ ~=J it r N w~~ C~'I ~~ _ r t_. ~ ~,. " ~z, t-a5- i® -~ ~' ~' Date ~ ,Magisterial District Judge I ce ify t at this is a tr e a d cd r~C ct copy of the record of the proceedings containing the judgment. ~~ ~~ Date hn U. 4- ,Magisterial District Judge My commission expires first Monday of January, 2012 SEAL 1/25/10 HODGE, STAGY AOPC 315-07 DATE PRINTED: 1/25/10 11:10:00 AM ,r ~ ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD JENKS, SR., Plaintiff CIVIL ACTION AT LAW CASE N0.2010-01398 v. STACY HODGE, Defendant NOTICE OF INTENT TO ATTACH WAGES. SALARY OR COMNIISSIONS Date of service of this Notice: (Date to be inserted by the sheriff] 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 aet 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. If this exemption is applicable to you, you must return the claim for exemption of wages, which is attached to the prothnotary within 30 days of the date of service of this notice upon you. The date of service of this notice is set forth above. 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, you wages may not be attached if you are an abused person or victim as set forth in Section 8127(fj 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 Baz Association 32 S. Bedford Street Cazlisle, PA 17013 (717) 249-3166 FlLE~!~~L::~,~~~ IN THE COURT OF COMMON PLEAS ~~,c `f~'~~ ~` ~` ~'-~' - "'~ ~ , , r ~_; ,q~~ OF CUMBERLAND COUNTY, PENNSYLVA ~~Ph 27 ~~~ t0~ 43 RICHARD JENKS, SR., :CIVIL ACTION Ar W Plaintiff :CASE N0.2010-01 ~~~~= ~'-- ~'~,~' ~~ - ~;;: ~; v. STACY HODGE, Defendant PRAECIPE TO ISSUE WRIT OF ATTACHMENT OF WAGES To the Prothonotary: As the Defendant in the above-mentioned case has failed to file a Claim for Exemption from Attachment of Wages within thirty days of service of the Praecipe for Notice of Intention to Attach Wages as evidenced by the attached Sheriff's Return of Service dated March 26, 2010, the Prothonotary is requested to issue a WRIT FOR ATTACHMENT OF WAGES, SALARY OR COMMISSIONS. submitted, y >~eri . Coover, Esquire attorney ID 93285 44 S. Hanover Street Carlisle, Pa 17013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ` Chief Deputy Edward L Schorpp Solicitor ~~-~ ~ ; '>,~ ; ~~ =,-= Richard Jenks, Sr. Case Number vs. Stacy Hodge 2010-1398 SHERIFF'S RETURN OF SERVICE 03/25/2010 02:32 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 25, 2010 at 1430 hours, he served a true copy of the within Notice of 4ntent to Attach Wages, upon the within named defendant, to wit: Stacy Hodge, by making known unto herself personally, at 1149 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same tim handi to he personally the said true and correct copy of the same. RK NKL N, DEPUTY SHERIFF COST: $39.24 March 26, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF c.. rnmi}au tr '~:nft TE - sift. irc_ Richard Jenks, Sr. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION Stacy Hodge, No. 10-1398 -Civil Term Employee TO: Ahold Financial Services 1149 Harrisburg, Pike Carlisle, PA 17013 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 $2,686.93 (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: Richard Jenks, Sr. 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: Stacy Hodge 122 Elm Street Carlisle, PA 17013 Any questions should be directed to the Plaintiff-Creditor: Sheri D. Coover, Esq., 44 S. Hanover Street, Carli A 17013 (717) 960-0075 ID # 93285 Date: 4!27/10 David .Buell, Protho tary Costs: $90.49 By Deputy: I~ i 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: Date: Plaintiff v. Defendant 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: David D. Buell, Prothonotary