HomeMy WebLinkAbout14-1088 COMMONWEALTH OF PEr41\ISYLVANIA Notice of Judgment/Transcript
COUNTY OF CUMBERLAND Residential Lease
Mag. Dist. No: MD,J =- 09 -3 -04 Hodges Mobile Home Park
MDJ Name: Hrinorable Kathryn H. Silcox V
Address: "; 5275 East Trindle Road Michael Francis Winter, Brittany Marie Stine
Suite 110
Mechanicsburg, PA 17050
Telephone: 717- 697 -2201
Hodges Mobile Home Park Docket No: MJ- 09304 -LT- 0000093 -2012
82 Linda Drive Case Filed: 8/27/2012
Mechanicsburg, PA 17050
Disposition Details
Grant possession. No
Grant possession if money judgment is not satisfied by the time of eviction. Yes
Disposition Summary ('cc cross Complaint)
Docket No Plaintiff Defendant Disposition Disposition Date
MJ- 09304 -LT- 0000093 -2012 Hodges Mobile Home Park Brittany Marie Stine Judgment for Plaintiff 09/04/2012
MJ- 09304 -LT- 0000093 -2012 Hodges Mobile Home Park Michael Francis Winter Judgment for Plaintiff 09/04/2012
Judgment Summary
Participant . Joint/Several Liability Individual Liability Amount
Brittany Marie Stine $4,196.49 $0.00 $4,196.49
Hodges Mobile Home Park $0.00 $0.00 $0.00
Michael Francis Winter $4,196.49 $0.00 $4,196.49
Judgment Finding (*PostJudgment)
In the matter of Hodges Mobile Home Park vs. Michael Francis Winter; Brittany Marie Stine on MJ- 09304 -LT- 0000093 -2012, on
9/04/2012 the judgment was awarded as follows:
The amount of rent per month, as established by the Magisterial District Judge, is $310.00
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Rent in Arrears $3,985.75 $0.00 $3,985.75
Costs $10.00 $0.00 $10.00
Filing Fees $111.00 $0.00 $111.00
Server Fees $39.37 $0.00 $39.37
Server Fees * $50.37 $0.00 $50.37
Grand Total: $4,196.49
Portion of judgment for physical damages arising out of residential lease: $0.00
MDJS 315A Page 1 of 3 Printed: 02/11/2014 8:41:23AM
Hodges Mobile Home Park Docket No.: MJ- 09304 -LT- 0000093 -2012
�' V
Michael Francis Winter, Brittany Marie Stine
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 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 WI i+THE JUDGMENT. - r ? -
t -
Date Senior Magisterial District Judge Paula P. Corr6l'
_Fcertify that this is a true and correct copy of the record of the proceedings containing the judgment. �• °'�
Date Magisterial District J&ge
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MDJS 315A Page 2 of 3 Printed: 02/11/2014 8:41:23AM
_ � 1
-- - - - - - -- - -- -- - - - -- - - -
- r
Hodges Mobile Home Park Docket No.: MJ- 09304 -LT- 0000093 -2012
V.
Michael Francis Winter, Brittany Marie Stine
Participant List
Plaintiff(s)
Hodges Mobile Home Park
82 Linda Drive
Mechanicsburg, PA 17050
Defendant(s)
Brittany Marie Stine
• - 82 Linda Drive Lot ,11 - -
Mechanicsburg, PA 17050
Michael Francis Winter {
82 Linda Drive
Lot 11 -
Mechanicsburg, PA 17050 '
MDJS 315A Page 3 of 3 Printed: 02/11/2014 8:41:23AM
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Y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HODGES MOBILE HOME PARK
PO BOX 96
TAMAQUA, PA 18252 Wt , ,
PLAINTIFF NOTICE OF FILING JUDGMENT
MICHAEL FRANCIS WINTER AND BRITTANY MARIE STINE
82 LINDA DRIVE, LOT 11
MECHANICSBURG, PA 17050
DEFENDANT
(xx) Notice is hereby given that a Lien in the above captioned
matter has been entered against you in the amount of 84,196.49 plus
statutory interest and further court costs on R 6--; 2 y,20 4 "'
The original date of district justice judgment was
awarded on 09/04/2012.
(xx) A copy of all documents filed with the Prothonstary in support
of the within judgment is /are enclosed.
BY: @a
Deputy
If you have any questions, regarding this Notice, please contact
the filing party:
HODGES MOBILE HOME PARK
P.O. BOX 96
TAMAQUA, PA 18252
(570) 739 -4623
(This Notice is in accordance with Pa-R.C.P. 236)
IN THE COURT OF COMMON PLEAS OF C,V11/4)6J6,0&COUNTY, PENNSYLVANIA.
vs
NO. VA, lo%g-
Praecipe for Notice of Intent to Attach Wages
To the Prothonotary:
Issue a Notice of Inten
(1) against
(2) against
Date:
I certify that:
Page 1 of 9
C)
rn
P1
Cr) r
<�
to Attach Wag in the above matter < o
defendant,
ys;\-- " , employer of the defendant
omey fou&nent Creditor -Landlord or
Judgment Creditor -Landlord if unrepresented
Certification by Judgment Creditor - Landlord
1. The plaintiff judgment -creditor is
2. The defendant judgment -creditor is
3. The Employer garnishee is
Name b QJ 0)4, �1z-s �1 �.]5" " la 1
Addressec){:6e)1
ame00 : .'S aAvot;1\0(\9?b)
Address `�- �9 u.
. ►�� I _
Name . irN
Address
s so pd
c220v 3lt
PRIToo32
R 10/11
4. The judgment arises out of a residential lease for the premises at
a 1. .wry- 1 ),,,q_v\!A 4
The amount of the judgment is $ .
A security deposit in the amount oft$ . lD is being held by the
judgmet deposit creditor -landlord. This security deposit
en applied
has not been applied
5. (a)
(b)
dress)
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)
The amount of $ ( . > has been paid toward satisfaction of the
judgment. (Do not include security deposit)
6. This praecipe is filled within five years of the date of the original judgment upon
which execution is sought.
7. The judgment was entered (check one)
a civil action commenced in the court of common pleas
in an action brought before a magisterial district justice
in an action commenced in the Philadelphia Municipal Court.
8. Check t$e appropriate paragraph and attach the required documents:
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 301 et seq.) before a magisterial
district judge, copies of the appropriate magisterial district judge records are
attached showing that the action rose from a residential lease and that the
defendant appeared or filed papers in the action or that the complaint was served
by handling 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
Page 2 of 9
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 if 18 Pa.C.S.*4904 relating to unswom
falsification to authorities.
Date:
R\41:\ti
Page 3 of 9
Judgment Creditor -Landlord
.,ONMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Mag. Dist. No: MDJ-09-3-04
MDJ Name: Honorable Paula P. Correal
Address:. 5275 East Trindle Road
Suite 110
Mechanicsburg, PA 17050
Telephone: 717-697-2201
FILING COSTS $
AMOUNT DATE PAID
1 11.00 1.91' l
POSTAGE $
SERVICE COSTS
CONSTABLE ED. $ /Q, GCS
TOTAL $/d70. -3 r_
/ /
F 10,98
Landlord/Tenant Complaint
RECEIVED AUG 2 7 at
PLAINTIFF:
rTON i-f0d`
He r r -tale
• le- !4a rt- no lc
LCAAu•A (L.14;147. l'AP'
DEFE ANT: NAME and ADDRESS
rM; ke w hairzice avti sel-t6oK -sTN�
X12 L ,Jc Die/ its -f -f 1
Docket No: L' C13- aO I a
Case Filed 8Z4St,
NAME and ADDRESS
Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party.
TO THE DEFENDANT: The above named plaintiff(s) asks judgment together with costsdai�ts u for the possession of real
property and for:
Lease is to Residential 0 Nonresidential
0 Damages for injury to the real property, to wit:
in the amount of: $
0 Damages for the unjust detention of the real property in the amount of
Rent remaining due and unpaid on filing date in the amount of
0 And additional rent remaining due and unpaid on hearing date
0 Attorney fees in the amount of
THE PLAINTIFF FURTHER ALLEGES THAT:
1. The location and the address, if any, of the real property is:
2. The plaintiff is the landlord of that property.
3. He leased or rented the property to you or to under whom you claim.
4. Notice to quit was given in accordance with law, or
® No notice is required under the terms of the lease.
5. The term for which the property was leased or rented is fully ended, or
A forfeiture has resulted by reason of to breach of the/�conditions of the lease, to wit: r tiCci'r4 J �E6✓ �t d
2)a�c. Few �7AS Rej�t,,xiru>z� uPA-.d i 2 Z /Rota=s PJ -65 frAy e,0 Sevee erct4?0,...rt, or,
$
Total $ 3J4g?, `Z?
8r„t Lrf% - a ) %4- r 1, /14 Ec%ar, 'icsivil(14 r ?aro
0 Rent reserved and due has, upon demand, remained unsatisfied
6. You retain the real property and refuse to give up to its possession.
I, Zo a) o 44,eJ verify that the facts set forth in this complaint are
true and correct to the best of my knowledge, information and belief.- This statement is made subject to the penalties of Section 4904
of the Crimes Code (18 PA. C.S. § 4904) relating to unswom falsification to authorities.
(Sign2Ttdfe of Plaintiff)
The plaintiffs attorney shall file an entry of appearance with the magisterial district court pursuant to Pa.R.C.P_M.D.J. 207.1
IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises,
which is in the magisterial district judge jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on the complaint form at the office BEFORE THE TIME
set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and rent if claimed, may nevertheless be entered
against you. A judgment against you for possession may result in your EVICTION from the premises.
If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please
contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation.
MDJS 310A 1 Printed: 03/05/2012 3:03:12PM
IN THE COURT OF COMMON PLEAS OF e)04,\,COUNTY, PENNSYLVANIA
vs
Uk".0,\Acx,pA J.XceJr
Vm'c\-k--(1)[\LA
NO.
NOTICE OF INTENT TO ATTACH WAGES, SALARY OR COMMISSIONS
Date of service of this notice: (Date to be inserted by Sheriff)
A judgment has been entered against you 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 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 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
Page 4 of 9
OFFER LEGAL SERVICES TO ELLIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
Lawyer Reference Se ice
n-tA3
..aw.oLo
(b) The claim for exemption from wage attachment shall be substantially in the
following form:
Page 5 of 9
IN THE COURT OF COMMON PLEAS OF 0,043..INA'114.COUNTY, PENNSYLVANIA
\-\1\c\4 UNSLiz
VS
\AvL\f.
0_3(\LJA Vvx!cce- S-\
NO.
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 the
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 $
Page 6 of 9
(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 unswom falsification to authorities.
Page 7 of 9
Defendant
This claim shall be delivered or mailed to
Office of the Prothonotary
Court of Common Pleas
k-0.1-1\\cal_Ar,
\ C—Iriv\f\p-A3 sg.
IN THE COURT OF COMMON PLEAS OFO.M6c WaCOUNTY, PENNSYLVANIA
VS
\•-kax(i_q
To the above-named plaintiff:
NO. \Lk t
NOTICE OF CLAIM EXEMPTION
OF WAGES FROM All ACHMENT
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 this 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 the defendant's net income is below the Federal Department of Health and Human
Services poverty income guidelines or that the attachment will not cause the defendant's income to fall
below those poverty income guidelines.
Date:
Page 8 of 9
Prothonotary
Poverty Income GuideNees
Pennsylvania Rule of Civil Procedure 3302(b) governs nt of utak, salary and
commissions under Section 8127(s)(3.1) of the Judicial Code. The rule requires the prothonotary to
attach to the Notice of Intent to Attach Wages "the most recent poverty Income guidelines issued by the
Federal Department of Health and Human Services as they appear on the web site of the Civil
Procedural Rules Committee."
2014 Poverty Guidelines for the 48 Cont*uous States and the Dtitritt of Columbia
Persons in Poverty guideline
family/household Monthly Amount
1 $ 972.50
2 $1310.83
3 S1649.17
4 $1987.50
5 $2325.83
6 $2664.17
7 $3002.50
8 $3340.83
For each additional $338.33
person, add
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
r L C -Ur : Lt`.
J� FIE PROTHONOII,RY
2014 OCT 21 PM 2: 59
CUMBERLAND COUNTY
PENNSYLVANIA
OFFICa OFTHE $HERIF'
Hodges Mobile Home Park
vs.
Michael Winter
Case Number
2014-1088
SHERIFF'S RETURN OF SERVICE
10/13/2014 06:26 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Notice of
Intent to Attach Wages by handing a true copy to a person representing t.emsely: f. be Kerry Holmes,
who accepted as "Adult Person in Charge" for Michael Winter at 7 Wobnue, East
Pennsboro, Camp Hill, PA 17011.
SHERIFF COST: $44.95 SO ANSWERS,
October 15, 2014 RONNY R ANDERSON, SHERIFF
(c) CountySuito Sheriff, Toleosofi, Inc.
AS vAFAe -lkma �K—
VS
NO. \Lc —
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:
CI
-D-
S27CD
--I
VII— N
-.t
._.ir: a
.:-
-< )
C_
L the above-named defendant, claim exemption of my wages, salary or commissions from the
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 ` dependents.
(Number)
My net monthly income is $
r QO.
Page 6 of 9
of/ i-A)iat kW
1I9t
(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: I � l QOA
Page 7 of 9
ten'etcrW\� /V
This claim shall be delivered or mailed to
Office of the Prothonotary
Court of Common. Pleas
C°. s sir`- N s-
IN THE COURT OF COMMON PLEAS OFj %ff (a COUNTY, .PENNSYLVANIA
jit&tr
vs
NO. \`k
\Ack_oNA__
To the above-named plaintiff:
v gg- 0`vk,1
NOTICE OF CLAIM EXEMPTION
OF WAGES FROM ATTACHMENT
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 this 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 the defendant's net income is below the Federal Department of Health and Human
Services poverty income guidelines or that the attachment will not cause the defendant's income to fall
below those poverty income guidelines.
Date: /0/ el 7//Y
Page 8 of 9
Supreme Court of Pennsylvania ChrA Procedural Rules CommiRee
Poverty Imam Guidelines
Pennsylranis Rule of CM Procedure 3302(b) governs the attadimeit of %vases, safari and
commissions under Section 8127(4)(3.1) of the Judicial Code. The rule requires the potbonatary to
attach to the Notice of Intent to Attach wages the most ruc+em poverty income pMde*nes issued by the
Federal Department of Health and Human SWANS as they appear on the web site of the Clea
Procedural Auks Committee.'
2014 Poverty Guidelines for the 48 Contiguous States and the District of Columbia
Persons in Poverty gtddelitte
family/housalloid Monthly Amount
1 S 972.50
2 51310.83
3 $1649.17
$1
$2664.17
7 $3002.50
$3340.83
$338.33
8
For each additional
person, add