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HomeMy WebLinkAbout11-9402DONALD M. HOPLER V. JODI EASTON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Defendant NO. 2011-9402 CIVIL TERM CIVIL ACTION-LAW Co -V 6 _ _ -1 _ DC_3 r,'r cn "`- 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 Jodi Easton, defendant, (2) against Wal-Mart SuperCenter, employer of the defendant. Date: Trikia D. Naylor, Es ire I.D. No. 83760 Baric Scherer LLC 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Judgment Creditor-Landlord CERTIFICATION BY JUDGMENT CREDITOR-LANDLORD I certify that 1. The Plaintiff Judgment-Creditor is Donald M. Hopler of 920 Cranes Gap Road, Carlisle Pennsylvania 17013. 2. The Defendant Judgment-Debtor is Jodi Easton of 849 Hamilton Street, Carlisle, Pennsylvania 17013. 3. The Employer Garnishee is Wal-Mart SuperCenter of 60 Noble Blvd, Carlisle, Pennsylvania 17013. 't- j Gym Ie% 5-7 X-0 993 2 4. The judgment arises out of a residential lease for the premises at 1001 Cranes Gap Road, Carlisle, Pennsylvania 17013. 5. (a) The amount of the judgment is $3,033.83. (b) A security deposit in the amount of $700.00 is being held by the Judgment Creditor - Landlord. This 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. (c) The amount of $ 0.00 has been paid toward satisfaction of the judgment. 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 the 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 the action arose from a residential lease. _X (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 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. (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. I I I(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 I I (B), a copies of the appropriate Philadelphia Municipal Court records are attached showing that the action the action arose from a residential lease and 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: l (,TA/? ) Donald A H ppler/ Judgment Creditor-Landlord COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag_ Dist. No: MDJ-09-2-01 MDJ Name: Honorable Paula P. Correal Address: 2260 Spring Road, Suite 3 Carlisle, PA 17013 Telephone: 717-218-5250 Donald M Hopler 920 Cranes Gap Rd. Carlisle, PA 17013 N 11- 101 C :v< < Notice of Judgment/Transcript Residential Lease Donald M Hopler V. Jodi Faston i Docket No: MJ-09201-LT-0000075-2011 Case Filed: 11/3/2011 D Disposition Details rricr; =i = Grant possession. Yes z= r- ? mar Grant possession if money judgment is not satisfied by the time of eviction. No Cn tv =Q C Jodi Easton Wage attachment is prohibited due to lack of personal service. No D c-y a Wage attachment is prohibited under Title 42 Section 8127. No D -"r Disposition Summary Docket No Plaintiff Defendant Disposition ` i i n Date MJ-09201-LT-0000075-2011 Donald M Hopler Jodi Easton Judgment for Plaintiff 11/1812011 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Donald M Hopler $0.00 $0.00 $0.00 Jodi Easton $0.00 $3,033.83 $3,033.83 Judgment Detail (*Post Judgment) In the matter of Donald M Hopler vs. Jodi Easton on 11/18/2011 the disposition is J udgment for Plaintiff and judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $700.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Physical Damages to Property $0.00 $1,000.00 $1,000.00 Rent in Arrears $0.00 $1,895.00 $1,895.00 Filing Fees - - $0.00 $138.83 $138.83 Grand Total: '$3,033.83 Portion of judment for physical damages arising out of residential lease: $0.00 Amount of judgment subject to attachment 42 PA C.S. 8127: $0.00 MDJS 315A Page 1 of 3 Printed: 11/2212011 11:54:13AM Donald M Hopler v. Jodi Easton Docket No.: MJ-09201-LT-0000075-2011 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 PROTHONOTARYICLERK OF COURT 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 PROTHONOTARYICLERK 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 ONLY TO APPEAL 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. F. P+ t Ae. •ee,,f Date Magisterial District Judge Paula P. Correa( certify that is is a true an correct copy o the record o the proce ings fining a iu e - - Date Magisterial Distr t Judge Pau 'P. Correai_ 'ItI MDJS 315A Page 2 of 3 Printed: 11/22/2011 11:54:13AM DONALD M. HOPLER N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2011-9402 CIVIL TERM €D C-) o -n JODI EASTON CIVIL ACTION-LAW -a FRT o Defendant ?ZIP -4 ZC 3 p? co t NOTICE OF CLAIM OF EXEMPTION OF x- WAGES FROM ATTACHMENT To the above-named plaintiff: The defendant in the above-captioned matter has filed a claim for exemption from attachment of his or her wages, salary or commissions. A copy of the claim is attached. If you wish to challenge the claim for exemption, you should file with the court a motion setting forth facts which show that the defendant's net income is not below the Federal Department of Health and Human Services poverty income guidelines or that the attachment will not cause the defendant's net income to fall below those poverty income guidelines. Date:_ 7TR M If ;j 1- 4 f"Mcm Pr thonotary, 1.90D v?GL W DONALD M. HOPLER Plaintiff V. JODI EASTON Defendant IN THE COURT OF COMMON PLEAS OF NO. 2011-9402 CIVIL TERM CIVIL ACTION-LAW C ca Nr ? -VM ? C3 Q ? p '> pc 3 M -? CLAIM FOR EXEMPTION FROM WAGE ATTACHMENT NOTICE This claim for Exemption must be filed with the Prothonotary of the Court within 30 days of service upon you of the Notice of Intent to Attach Wages. To the Prothonotary: I, the above-named defendant, claim exemption of my wages, salary or commissions from attachment on the following ground: ZMy net monthly income is below the poverty income guidelines as provided by the Federal Department of Health and Human Services. OR The amount of wages to be attached would place my net income below poverty income guidelines as provided annually by the Federal Department of Health and Human Services. I have dependants. T kCv i Q_ Ai_/uu 1--? %\o•r G1? ? ``l?"? n C e S I t( O (number) My net monthly income is 3?) ?, . (Net monthly income is your total monthly wages less (1) any support payments made to the court, (2) federal, state and local income taxes, (3) F.I.C.A. payments and nonvoluntary retirement payments, (4) union dues and (5) health insurance premiums.) '• L I certify that the statements made in this Claim for Exemption 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. ? a Date:c?l1 Defe dant This claim shall be delivered or mailed to: Office of the Prothonotary Court of Common Pleas 1 Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6195 Donald M. Hopler, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-9402 CIVIL TERM Jodi Easton , Defendant CIVIL ACTION-LAW ;rr' f t t i rt _._.,' CERTIFICATE OF SERVICE' rw v t?-> _X 1, Amy Hirakis, Esquire, of MidPenn Legal Services, hereby certify &WI hWe `'r> served a copy of the Notice of Claim of Exemption of Wages from Attachment and a copy of the claim on the Plaintiff, Donald M. Hoppler, through his attorney Tricia D. Nailor, on the following date and in the manner indicated below. MidPenn Legal Services is not representing the Defendant Jodi Easton in this matter at this time. U.S. First Class Mail, Postage Pre-Paid Tricia D. Nailor, Esq. Baric Scherer LLC 19 West South Street Carlisle, PA 17013 MidPenu?Legal Services, Inc. 10 Date: ?)- //(o?U /? Amy Hi ,Esquire Supre e C . ID No. 310094 401 E. Lo,i`ither Street, Suite 103 Carlisl ; A 17013 (717) 243-9400, ext. 2513 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION - S.Confessed Judgment Plaintiff ? Other c? vs. File No. //.- - I V / Z- J Amount Due _D ©3 ?o 3 Defendant Interest Address: Atty's CorrW q,/ 114 m G fU•t/ s Costs ?4 r2L_iSLE, ?/I 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 UN? 1 j EIS 1-41v?) County, for debt, interest and costs, upon the followin described property of the defendant (s) P,Ca51WIte- fRaPWIV, Fdl,111tv% -CIA J p/loNrS- I/vy --tle a t'cwt 5 of V+ Lve PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of C O M'/3c R 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) mem$c`RS Z sr 5«•ivG /tp.?-D? c.r,?rt.?st?:?iJi ? ?3 and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). [] (Indicate) Index this writ against the garnishee (s) as a lis pendens a estate of the defendant(s) described in the attached exhibit. Date 21 /?El? .ZC>/? _ Signature: Print Name: Doti 4 L R Address: ?l ? O c 2 ti S CrA 94 C?24-1 54 I'i4 !/3 Attorney for: Telephone: 3 % ?z ^ 2 C-1 S ~ C=)G/ Supreme Court ID No: -poe K? 4K Mj-- 09?.-7-0/ - LT- OocOv 7s - aO// -- /031-20// ?L1; r? ! 2012 FEB 27 AM 9, 2 i CUMBERLAND CUUNI Y PENNSYLVANIA lod IL 'o (L,S ? ?1? ? cR'(? '„?, , 5- D,Lc (-r) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-9402 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DONALD HOPLER Plaintiff (s) From JODI EASTON, 849 HAMILTON ST., CARLISLE, PA 17013 (1) You axe directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY, FURNITURE, CAR, PHONES, ANY AND ALL ITEMS OF VALUE. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS IST, Spring Road, Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) 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; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$3,033.83 L.L. Interest Atty's Comm % Due Prothy $2.25 Atty Paid Other Costs' 3 ?o. 66 Plaintiff Paid $56.25 Date: 2/27/12 Davi Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DONALD HOPLER Address: 920 CRANES GAP RD., CARLISLE, PA 17013 Attorney fir: PRO SE Telephone: 717-245-0019 Supreme Court ID No. SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Anderson f ay S Smith nief Deputy Richard W Stewart Solicitor THE Pip 'tics 2012 MAY ° J PM C"RERLA NIA ? ' Pr#?S YLVA lq Donald M. Hopler VS. Jodi Easton Case Number 2011-9402 SHERIFF'S RETURN OF SERVICE 02/29/2012 05:50 PM - Deputy Robert Bitner, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Mike Filaioski, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Jodi Easton at 849 Hamilton Street, Carlisle Borough, Carlisle, PA 17013, informed person of contents of same and levied upon personal property as directed. Copy of levy mailed to plaintiff and letter mailed to defendant on 03-01-12. 03/28/2012 01:12 PM - Deputy Gerald Worthington, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill, in the above titled action, upon the property located at 849 Hamilton Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 05/01/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Defendant entered into bankruptcy. SHERIFF COST: $101.49 SO ANSWERS, May 01, 2012 RON R ANDERSON, SHERIFF 7 4<--2-D Ccu -, iv) N ft Te ie^,so't ky. ,