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HomeMy WebLinkAbout10-1359'COMMONWEALTH OF PENNSYLVANIA C17l1NTY OF- CMMBRLAND Mag. Dist. No.: MDJ Name: Hon. 09-1-02 RONALD J. HORNER Address: 1901 STATE ST CAMP HILL, PA Telephone: (717 761-0583 17011 SCOTT ROBINSON P.O. BOX 659 CAMP HILL, PA ,t 3 S` feoM NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAMOnd ADOWSS rROBINSON, SCOTT 5 P.O. BOX 659 ; "r7 CA" SILL, PA 170 11; r-?y r- L ^ rv _r r;-? 1 VO.• DEFENDANT: NAME and &*RESS , rlti}I PO\ rFRACE, FRANK, ET JiO6-? 29 S SECOND ST WORMLEYSBIIRO, PA 17UJjZ", ? L J Docket No.: LT-0000268-09 17011 Date Filed: 8/19/09 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF Judgment was entered for: (Name) ROBINSON, SCOTT Judgment was entered against FRACB, FRANK in a ® Landlord/Tenant action in the amount of $ 2,404.20 on 9/01/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 850 , 00. The total amount of the Security Deposit is $ 11000.00 Total Amount Establish-4 by MDJ Loess • Security Deposit Applied = Rent in Arrears $ 275.0 - $ .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 ? Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total Adjudicate Am 00 $ .00 $ .00 $ .00 $ „00 $ 2,275_00 $ 129.20 $ _00 $ 2,404.20 ? 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 MAYBE ISSUED BY THE MAGISTERIAL DISTRICTOUDOE'. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTEREr IN THBJygGM NT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THEY DGMJiNrREaTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date1 erial 0is`trict Judge ce y at t his is a true a correct cop yqf-ft e c Mthe proceedings con! I ?.#pu gMent, AO Date Magisterial QRstrict Judge My commission expires first Monday of January, 2012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: C> "aRL166 Mag. Dist. No.: 09-1-02 s., MDJ Name: Hon. RONALD J. HOBNEB Address: 1901 STATE ST CAMP HILL, PA Telephone: (717 ) 761-0583 17011 NOTICE O JUD.G I ENWTRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS f9OBINSON, SCOTT P.O. BOX 6.59 CAMP HILL, PA 17011 L DEFENDANT: Fr-RACE, FRANK, BT 29 S SECOND ST N+0>6 MLBYSBURG, PA VS. NAME and ADDRESS i ! AL r , 17043 L J SCOTT ROBINSON P.O. BOX 659 Docket No.: LT-0000268-09 CAMP HILL, PA 17011 Date Filed: 8/19/09 THIS IS TO NOTIFY YOU THAT: ._ JudgrrLentr. - a. _ .... EM, =TlIFF.- ® Judgment was entered for: (Name) ROBINSON, SCOTT Judgment was entered against F$ACB, DAWN in a ® Landlord/Tenant action in the amount of $ 2,404.20 on 9/01/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 850.00. The total amount of the Security Deposit is $ 1,000.00 Total Amount Establishedd b MDJ Less -Security Deposit Applied = Adjudicated Amount Rent in Arrears $ 2, 75.00-$ . 00= $ 2,275.00 Physical Damages Leasehold Property $ 00 - $ .00= $ .00 Damages/Unjust Detention $ _ no - $ _ 00= $ _nn Less Amt Due Defendant from Cross Complaint - $ __.A0 Interest (if provided by lease) $ _ 00 L/T Judgment Amount $ 2,275.40 ? Attachment Prohibited/ Judgment Costs $ 129.20 42 Pa.C.S. § 8127 Attorney Fees $ , 00 ? This case dismissed without prejudice. TotatJudgment $ 2,404.20 Po"ssession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total! $ X: Possession granted if money judgment is no sa Isle y time o eviction. Possession not granted. ? Defendants are jointly and severally liable. At? y '= NVOLVING`A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN IN AN ACTION It 'TEN DAYS-.AF rER.THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CL,ERKOF?COURTS " OF THE COURT OF CdMM6WP1LEA3,CIVI1L DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL,OEs.TtF&MONEY JUDGMENT, IF ANY. IN ORDER,,TO OBTAIN A SUPERSEDERS, 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 CIVILIPROCEDURE 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 Pl:'-EAS AND NO FURTHER PROCESS MAY BE ISSgED BY THE MAGISTERIAL I*STRI.,T ? r UNLESS THE JUDGMENT IS ENTERED IN THE CIDURT OF COMMON PLEAS, ANYONE INTERE#T THK;1 T MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH tHE MAGISTERIAL DISTRICT JUDGE IF THE.:II!'f1 abEl? `PA> IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. r-JI 01 r 5, ? a ,- aA I Date aria rial.fl ract Judge c rtl that this is a true a correct copy 'ored a procee Ings contra Lu go. ent. . ate Magisterial.Disfrict Judge I??tit.,t t"'' ' ` My commission expires first Mondav of Ja rv, 2012. Scott Robinson t;t HE i r OTNOtif�T/�i�'�` 1 PO BOX 659 Camp Hill,PA 17011 25 k FEB -1 AH I I= 2 2 2 Plaintiff In Pro Per CUMBERLAND COUNTY 3 PENNSYLVANIA 4 Cumberland County,PA Courthouse 5 6 ) Case No.: 10-1359 Scott Robinson, ) 7 Plaintiff, ) ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT s ) VS. ) 9 ) Frank&Dawn Frace, ) Defendant ) 11 12 COMES NOW Scott Robinson, Plaintiff in the within matter and hereby provides the following 13 in support of an ASSIGNMENT OF JUDGMENT: 14 1) THAT judgment was entered by this court on or about 9/01/2009. 15 2) THAT Plaintiff Scott Robinson was awarded against Defendant Frank&Dawn Frace the 16 sum of$2,404.20. 17 3) THAT there have been no renewals since the entry of said judgment by this court and that 18 Plaintiff Scott Robinson has received$0.00 of judgment from Defendant Frank&Dawn 19 Frace. 20 4) THAT Scott Robinson of PO BOX 659 Camp Hill,PA 17011 is the judgment creditor of 21 record. 22 5) THAT the last address of record for the judgment debtor is 29 S Second Street 23 Wormleysburg PA 17043. 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 / DB/A MDC Judgment Recovery �` �`j 2e cGsk PO BOX 102 Mt Holly Springs, PA 17065 2��' 3df3 1 717-609-0178 2 7) THAT I hereby authorize Assignee,Michael Carducci DB/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 �� . day of P—b v u 4 A y , 20A at and PA, 7 8 9 Scott Robinson 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 231 Pa.Code Rule 3311.Praecipe for Notice of Intent to Attach Wages.Form. 2/17/14 9:00 PM The Pennsylvania Z2I Mr] PREVIOUS • NEXT • CHAPTER • TITLE .; BlitifWthViEbia I tEd .�J TOG TOG FORMS Rule 3311.Praecipe for Notice of Intent to Attach Wages.Form. C) -ate s- --� The Praecipe for Notice of Intent to Attach Wages shall be substantially in the following form: ma -r ? ��Cltccg I. CarduCG' /)wiii ( rag fraC+` cnr _ A �1 PM ImPc 0-,d puea4-Reeve''y (Caption) It- i3s-1 3> i .:- -< a'+ = Praecipe for Notice of Intent to Attach Wages To the Prothonotary: Issue a Notice of Intent to Attach Wages in the above matter kt 07.g 5-e2 �� p against Daum Fr t e e dS V' (1) ,defendant, /�,�,�O�r// against A 0(tar (9E'� ) �G !(O �2) ' l ,employer of the defendant. Date: _ '11_ 0 I Attorney for Judgment Creditor-Landlord or Judgment Creditor-Landlord if unrepresented M i-kae( Cad-dual Address NMI- Noe z �u�yt IrW0�p'i PO f o bD of /1.0- SPr" 5) Pti 17 06 Telephone number 717- 6ogo 7 Certification by Judgment Creditor—Landlord L fr I certify that f 1.The plaintiff judgment-creditor is k at)l CQr i Name D13/4 /iiDC R+e(over, Pogo)6 (aa Address 4l, ©1�7 7 P'„4y,i,,3- /1065 http://www.pacode.com/secure/data/231/chapter3000/s3311.html Page 1 of 3 231 Pa.Code Rule 3311.Praecipe for Notice of Intent to Attach Wages.Form. 2/17/14 9:00 PM 2.The defendant judgment-debtor is Name � rifsa cR Address vUd le'fA(emu(, p.4-170 SI 3.The employer garnishee is Name i'811 6/&r Gem era I too M;55;04 R I d €. Address 6 00 d k' )-- Ole/ TN 3701 4.The judgment arises out of a residential lease for the premises at d,(( 5 5€Covtd Sf. (address). Wpm 12Y5 htc {, f /10 4 3 5.(a)The amount of the judgment is$ 40. 9,0 (b)A security deposit in the amount of$ // ©©o is being held by the judgment creditor-landlord.This security deposit 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$ 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. Zan action brought before a magisterial district judge. in an action commenced in the Philadelphia Municipal Court. 8.Check the appropriate paragraph and attach the required documents: (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 arose from a residential lease and that the defendant appeared or filed papers in the action or that the complaint was served by handing a copy to the defendant. http://www.pacode.com/secure/data/231/chapter3000/s3311.html Page 2 of 3 231 Pa.Code Yule 3311.Praecipe for Notice of Intent to Attach Wages.Form. 2/17/14 9:00 PM (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 are true and correct.I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities. Date: a_1� ,�0lll Judgment Creditor-Landlord r i ctt¢it I Cal(ha 1 pr ,0c ,7,440f0,* gecoveoty Source The provisions of this Rule 3311 adopted December 21,2005,effective one month after the date of the Order,36 Pa.B. 176. No part of the information on this site may be reproduced for profit or sold for profit. This material has been drawn directly from the official Pennsylvania Code full text database.Due to the limitations of HTML or differences in display capabilities of different browsers,this version may differ slightly from the official printed version. http://www.pacode.com/secure/data/231/chapter3000/s3311.html Page 3 of 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson L L . � �'; t t t; Sheriff P P t CUMB Jody S Smith ' 201st R -7 Am 10: 2 Chief Deputy Richard W Stewart ERLAND COUNTY Solicitor 7,4 PENNSYLVANIA Michael Carducci d/b/a MDC Judgment Recovery Case Number vs. 2010-1359 Dawn Frace (et al.) SHERIFF'S RETURN OF SERVICE 02/21/2014 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, Dollar General, in the following manner: On February 25, 2014 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 100 Mission Ridge, Goodlettsville,TN 37072.The certified mail return receipt card was received by the Cumberland County Sheriff's Office signed by Phil Lewis on February 24, 2014. 02/21/2014 01:55 PM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Intent to Attach Wages by handing a true copy to a person representing themselves to be Wallace Enders, manager, who accepted as"Adult Person in Charge"for Dawn Frace at 840 Market Street, Lemoye Borough, Lemoyne, PA 17043. RYAN BURGETT, D •1 SHERIFF COST: $68.56 SO ANSWERS, February 28, 2014 RONNY R ANDERSON, SHERIFF • er-�>o� . SENDER: COMPLETE 1`_'` v DEUVERv • Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired. X hit LeV11�S °' • Print your name and address on the reverse 0 Addressee so that we can return the card to you. ■ ) • Attach this card to the back of the mailpiece, or on the front if space permits. ' D. Is delivery address different from item 0 Yes 1. Article Addressed to: - If YES,enter delivery address below: 0 No T Dollar General 010!0_. /35q 100 Mission Ridge Goodlettsville,TN 37072 3. Service Type ` 0 Certified Maim 0 Priority Malt Express' 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. ArticieNucvber;! • - i 7007 0710 0003 2210 3993 (Tians4 from deivlce lei) PS Form 3811,July 2013 Domestic Return Receipt "plc QI ��ducc ip r A- MDC Judgment Recovery . In the Court of Common Pleas of PO BOX 102 Mt Holly Springs, PA 17065 Cumberland County, Pennsylvania No. 10-1359 Civil Term vs Frank & Dawn Frace 29 S Second Street Wormleysburg,PA 17043 PRAECIPE Please issue a writ of attachment of wages on Dawn Frace in case 10-1359. n0 /far &PieroI l t 00 5 S 1 Al d.P D r 1 � D t 81 t r`3 t'' GOO('left lie, TO 37014. nierpst .,t. David D. Buell, Prothonotary {tte rejt 9, 11 T'^ 20 if If Attorney Info: !fir (&ed ct cct. 01614 Pk Moor F l�FCo(,pn Plaintiff /90 9 c f n,�.c, Act-. H-r I, 604tQs, ysz2 X33. pel .pW Michael Carducci d/b/a MDC Judgment Recovery IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION Dawn Frace No. 10-1359 Civil Term TO: Dollar General 100 Mission Ridge Goodlettsville,TN 37072 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$2404.20 plus 6% interest (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: Michael Carducci d/b/a MDC Judgment Recovery 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: 29 S. Second St, Wormleysburg, PA 17043. Any questions should be directed to the Plaintiff-Creditor: Michael Carducci d/b/a Judgment Recovery,P. O. Box 102,Mt Holly Springs,PA 17065 Date: 3/24/14 "1 "h •-g� /� David D. Buell,Prothonotary i((�� Costs: $ 133.81 pd plff By Dep • Attii 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: Plaintiff v. Defendant No of Year The following person, has never been( ) Or is no longer and employee( ) Date: Signature of Employer Print name of Employer Address Address Telephone# For Prothonotary use only Date: David D. Buell, Prothonotary Deputy (Seal of the Court)