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Home My WebLink About12-0741DHD ENTERPRISES, Plaintiff V. CALVIN HORTON, Defendant To: CALVIN HORTON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. aOla- -70 CIU?I CIVIL ACTION - LAW You are hereby notified that on -c", b 2012, the following judgment has been entered against you in the above-captioned case. DHD Enterprises vs. Calvin Horton in the utDrUn, 6 .plus intere nd costs of 7) _400 suit. DATE: Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Calvin Horton c/o New Cumberland Army Depot Defense Distribution Depot Susquehanna (DDSP) 2001 Mission Drive New Cumberland, PA 17070 A: CALVIN HORTON, DEFENDIDO mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direction es la del defendido/a segun indicada en el certificado de residencia: Calvin Horton c/o New Cumberland Army Depot Defense Distribution Depot Susquehanna (DDSP) 2001 Mission Drive New Cumberland, PA 17070 Por este medio se le esta notificando que el de del 2012, /la siguiente Fallo ha sido anotado en contra suya en el caso DCBA-400-Rule 236(a)(2)-8/1/89 CoM 20l `a- 1 y I Ctvi 1 MONWEAL I H OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-1-02 MDJ Name: Honorable Barbara A. Clare Address: 1901 State Street Camp Hill, PA 17011 Telephone: 717-761-0583 Ronald D. Butler, Esq. Butler Law Firm 1007 Mumma Rd Ste 101 Lemoyne PO Box 1305 Camp Hill, PA 17001 Notice of Judgment/Transcript Residential Lease Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. DHD Enterprises V. Calvin Horton Docket No: MJ-09102-LT-0000146-2011 Case Filed: 10/13/2011 No Yes Calvin Horton Wage attachment is prohibited due to lack of personal service . Wage attachment is prohibited under Title 42 Section 8127 No . Disposition Summary 2 L No 29 QLN2 Plainti ff Defer MJ-09102-LT-0000146-2011 DHD Enterprises Calvin Horton tfo Disposition Dat Judgment Summary rPlaintiff Judgment for 1 0/31/2011 Participant Joint/Seypral Liability Individual Liability Calvin Horton A $0.00 DHD Enterprises $2,681.61 $0 00 mount $2,681.61 . $0.00 Judgment Detail ("Post Judgment) $0.00 In the matter of DHD Enterprises vs. Calvin Horton on 10/31/2011 the disposition i J f s as ollows: udgment for Plaintiff and j udgment was awarded The amount of rent per month, as established by the Magisterial District Judge, is $600.00 Judament Component Joint/Several Liability Individual Liability Filing Fees Deposit Applied Amp n $0.00 $131.61 Rent in Arrears $0 00 $131.61 . $2,550-00 $2,550.00 Grand Total: $2,681.61 Portion of judment for physical damages arising out of residential lease: Amount of judgment subject to attachment 42 PA C.S. 8127: $0.00 $0.00 MDJS 315A Page 1 of 3 Printed: 10/31/2011 1:27:23PM DHD Enterprises Docket No.: MJ-09102-LT-0000146-2011 V. Calvin Horton 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 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 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 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 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 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. ,?Ua u! n 0 of (?"x?Ox; Datev ` Magisterial District Judge Barbara A. Clare i Date MDJS 315A Page 2 of 3 Printed: 10/3112011 1:27:23PM ITO`I HONOTAR 2012 FEB - 7 P 12: b C, ',UMBERLAND C OUN 1' PENNSYLVANIA p?1?G2 ?1?? L-d Q? DHD ENTERPRISES, Plaintiff V. CALVIN HORTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-741 CIVIL : CIVIL ACTION - LAW PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES TO THE PROTHONOTARY: FYI r r. -_ -, C3 --a n Please issue a Notice of Intent to Attach Wages in the above-captioned matter (1) against CALVIN HORTON, Defendant (2) against New Cumberland Army Depot, Defense Distribution Depot Susquehanna DDSP), 2001 Mission Drive, New Cumberland, PA 17070, employer of the Defendant, Calvin Horton. Date: 1(1a" BUTLER LAW FIRM Attorneys for Judgment Creditor-Landlord By: R ald D. But er, Esquire I.D. #09826 1007 Mumma Road, Ste 101 Lemoyne, PA 17043 (717) 236-1485 CERTIFICATION BY JUDGMENT CREDITOR-LANDLORD I certify that: The Plaintiff Judgment-Creditor is: DHD Enterprises 3412 Trindle Road Camp Hill, PA 17011 48.50 PA ANy 0_1aa W P_*.17303 6 2. The Defendant Judgment-Debtor is: Calvin Horton c/o New Cumberland Army Depot, Defense Distribution Depot Susquehanna (DDSP) 2001 Mission Drive New Cumberland, PA 17070 The Employer-Garnishee is: New Cumberland Army Depot, Defense Distribution Depot Susquehanna (DDSP) 2001 Mission Drive New Cumberland, PA 17070 4. The judgment arises out of a residential lease for the premises at: 3412 Trindle Road Camp Hill, PA 17011 5. (a) The amount of the judgment is $2,681.61 (b) The security deposit in the amount of $ 600.00 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 _ 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: _X_ in an action brought before a magisterial district judge. 8. A copy of the Notice of Judgment/Transcript: Residential Lease issued by Magisterial District Justice Barbara A. Clare issued on October 31, 2011 and certified on February 1, 2012, is attached hereto. 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. DHD ENTERPRISES Date: L' By. , nS/?'t S Judgment Creditor-Landlord '' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Ilk Mag. Dist. No: MDJ-09-1-02 MDJ Name: Honorable Barbara A. Clare Address: 1901 State Street Camp Hill, PA 17011 Telephone: 717-761-0583 Ronald D. Butler, Esq. Butler Law Firm 1007 Mumma Rd Ste 101 Lemoyne PO Box 1305 Camp Hill, PA 17001 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Calvin Horton Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under rifle 42 Section 8127. MJ-09102-LT-0000146-2011 DHD Enterprises SOS Calvin Horton -? aat a,-) 41 Ctvk) Notice of Judgment/Transcript Residential Lease DHD Enterprises V. Calvin Horton Docket No: MJ-09102-LT-0000146-2011 Case Filed 10/13/2011 No Yes No No Judament for Pin i.#;a -p CC) r" N r CAD T -C(V1 U,) r- t ?° vn M =F =C:) 5 iz ern z - iw31/Z011 Calvin Joint/Several Li^hitity Individual Liability --M?V????MM N w?_.?. , DHD Enterprises $0.00 $2,681.61 AMQuM Ju d .... __.._._..._... _$0.00 $0.00 $2,681.61 gment._.... Detail j• Post Judgment) $0.00 as In the follows: matter of DHD Enterprises vs. Calvin Horton on 10/31/2011 the disposition is Judgment for Plaintiff and judgment The amount of rent per month, as established by the Magisterial District Judge, is $600.00 was awarded JJJuLdgment Componp.++ Joint! everal Lia Filing Fees btlity Individual Liability Deposit Applied Rent in Arrears $0.00 $131.61 ALnount $0.00 $2,550.00 $131.61 $2,550.00 Grand Totah $2,881.61 Portion of judment for physical damages arising out of residential lease: Amount of judgment subject to attachment 42 PA C.S. 8127: $0.00 $0.00 MDJS 315A Page 1 of 3 Printed:10/31/2011 t27:23PM DHD Enterprises Docket No.: MJ-09102-LT-0000146-2011 v. Calvin Horton 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 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 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 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 JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CML 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. .,IU y.tc •y Date Magisterial District Judge Barbara A. Clare Date MDJS 315A Page 2 of 3 Printed: 10131/2011 t27:23PM DHD' ENTERPRISES, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Judgment Creditor-Landlord Plaintiff V. NO. 2012-741 CIVIL i T'+'' *--` CALVIN HORTON, r'0 'rn Defendant u' NOTICE OF INTENT TO ATTACH WAGES SALARY OR COMMISSIO' , Date of Service of this Notice: (Date to be inserted by the Sheri= r r? 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. 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 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, 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DHD ENTERPRISES, Plaintiff V. CALVIN HORTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-741 CIVIL CIVIL ACTION - LAW 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: My 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 the poverty income guidelines as provided annually by the Federal Department of Health and Human Services. I have _ (number) dependents. My net monthly income is $ (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.) I certify that the statements made in the Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Defendant THIS CLAIM SHOULD BE DELIVERED OR MAILED TO: OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURT OF COMMON PLEAS ONE COURTHOUSE SQUARE CARLISLE, PA 17013 U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES 2012 FEDERAL POVERTY GUIDELINES Poverty Guidelines for the 48 Contiguous States and the District of Columbia Persons in Family Poverty Guideline Monthly Income 1 $11,170 $930.83 2 $15,130 $1,260.83 3 $19,090 $1,590.83 4 $23,050 $1,920.83 5 $27,010 $2,250.83 6 $30,970 $2,580.83 7 $34,930 $2,910.83 8 $38,890 $3,240.83 For families with more than 8 persons, add $3,960 for each additional person. SOURCE: Federal Register / Vol. 77, No. 17 / January 26, 2012 / pp. 4034-4035