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HomeMy WebLinkAbout13-5224 _�- Shy COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ- 09 -1 -03 James /Susan Hetrick MDJ Name: Honorable Richard S. Dougherty V. Address: 98 South Enola Drive, Suite 1 Ron Stuckey Brittany Lynn Gordy Enola, PA 17025 Telephone: 717- 728 -2805 Ryan P Siney, Esq. Docket No: MJ- 09103 -LT- 0000070 -2013 Tucker Arensberg PC Case Filed: 6/20/2013 2 Lemoyne Dr Ste 200 Lemoyne, PA 17043 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09103 -LT- 0000070 -2013 James /Susan Hetrick Brittany Lynn Gordy Judgment for Plaintiff 07/03/2013 MJ- 09103 -LT- 0000070 -2013 James /Susan Hetrick Ron Stuckey Judgment for Plaintiff 07/03/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Brittany Lynn Gordy $1,508.50 $0.00 $1,508.50 James /Susan Hetrick $0.00 $0.00 $0.00 Ron Stuckey $1,508.50 $0.00 $1,508.50 Judgment Detail ( *Post Judgment) In the matter of James /Susan Hetrick vs. Ron Stuckey; Brittany Lynn Gordy on 7/03/2013 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $950.00 Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $1,676.00 $0.00 $1,676.00 Physical Damages to Property $645.00 $0.00 $950.00 - $305.00 Filing Fees $137.50 $0.00 $137.50 Grand Total: $1,508.50 Portion of judgment for physical damages arising out of residential lease: $0.00 MDJS 315A Page 1 of 3 Printed: 08/29/2013 11:05:14AM ' James/Susan Hetrick s Docket No.: MJ- 09103 -LT- 0000070 -2013 V. Ron Stuckey, Brittany Lynn Gordy 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. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. 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 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. JUL 03 2013 Date gisterial District u Richar S. Dougherty certify that this is a true and correct copy of the record of the pr ngs containing t e 1 ment. AUG 2 9 20 ocee Date I is ud MDJS 315A Page 2 of 3 Printed: 08/29/2013 11:05:14AM James /Susan Hetrick Docket No.: MJ- 09103 -LT- 0000070 -2013 v. Ron Stuckey, Brittany Lynn Gordy Participant List Plaintiff(s) James/Susan Hetrick . 766 Magaro Road Enola, PA 17025 Defendant(s) Brittany Lynn Gordy Go Sally & Bradley Bryan 824 Bellavista Drive Enola, PA 17025 Ron Stuckey c/o Sally & Bradley Bryan 824 Bellavista Drive Enola, PA 17025 C Complainant's Attorney(s) Ryan P Siney, Es t 7 uc er rens erg PC CD 2 Lemoyne Dr Ste 200 Q Lemoyne, PA 17043 h p C) tat e o,Vli Lt MDJS 315A Page 3 of 3 Printed: 08/29/2013 11:05:14AM IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ' "' JAMES HETRICK and SUSAN HETRICK c , Plaintiffs .c� , VS. No. 2013-05224 RON STUCKEY and BRITTANY LYNN GORDY Defendants And RADIO SHACK CORPORATION Garnishee 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 Ron Stuckey and Brittany Lynn Gordy, Defendants; and (2) against Radio Shack Corporation, employer of Defendant, Ron Stuckey. Respectfully submitted, TUCKER ARENSBERG, P.C. Dated: September 10, 2013 B R . Siney, I.D. #209190 2 Wmoyne Drive, Suite 2 Lemoyne, PA 17043 Phone: (717) 234-4121 Fax: (717) 232-6802 Email: rsiney @tuckerlaw.com Attorneys for Plaintiffs CLTr ' t�-aq%lt Certification by Judgment Creditor-Landlord I certify that 1. The plaintiff judgment-creditor is James and Susan Hetrick 766 Magaro Road Enola, PA 17025 2. The defendant judgment-debtor is Ron Stuckey and Brittany Lynn Gordy c/o Sally and Bradley Bryan 824 Bellavista Drive Enola, PA 17025 3. The employer garnishee is Radio Shack Corporation 445 North Enola Road Enola, PA 17025 4. The judgment arises out of a residential lease for the premises at 110 Valley Road Summerdale, PA 17093 5. (a) The amount of the judgment is $1,508.50 (b) A security deposit in the amount of$950.00 is being held by the judgment creditor- landlord. This security deposit is being held by the judgment creditor-landlord. X has 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$0.00 has been paid toward satisfaction of the judgment. (Do not include the security deposit.) 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. 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 or the recovery of possession of real property(Pa.R.C.P.M.D.J. 301 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. (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 unworn falsification to authorities. Date: September JD_,2013 J es Hetrick Asan Hetrick SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith `".n Chief Deputy �" � T PH 3: ( 2 Richard W Stewart �J�'93EFi�_eC� Solicitor , r«� :�r= P���P�SYLVANI,'- James Hetrick(et al.) Case Number vs. 2013-5224 Ron Stuckey SHERIFF'S RETURN OF SERVICE 10/02/2013 01:44 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Intent to Attach Wages by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Ron Stuckey at 445 N. Enola Road, East Pennsboro, Enola, PA 17025. Z . K.p Q-0 DAWN KELL, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, October 03, 2013 RONW R ANDERSON, SHERIFF 4 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • JAMES HETRICK and • SUSAN HETRICK • Plaintiffs • rT; c r-' vs. No. 2013-05224 ' cn r 4 cty • CI C • RON STUCKEY and BRITTANY LYNN GORDY • • • N.) • Defendants • =F • • And • Notice, tk4uiett • • RADIO SHACK CORPORATION S s I • • Garnishee 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: XMy 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 3 dependents. (Number) My net monthly income is $ e/ d/0 . -i (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 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. Date: // �efes . t This Claim shall be delivered or mailed to Office of the Prothonotary Court of Common Pleas 1 Courthouse Square, Suite 100 Carlisle, PA 17013 (717) 240-6195 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : DOCKET No.13-5224 CIVIL TERM JAMES HETRICK and SUSAN HETRICK Plaintiff, vs RON STUCKEY and BRITTANY LYNN GORDY Defendant, NOTICE OF CLAIM OF EXEMPTION OF 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: 10/31/13 - I At, 2 ._ I - _ David uel , Prothonotary