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HomeMy WebLinkAbout14-5771 1�-s7r71 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript, COUNTY OF CUMBERLAND ' '' Residential Lease Mag. Dist. No: MDJ-09-3-02 Benjamin H Wilson MDJ Name: Honorable Vivian Cohick V. Address: 55 Penn Drive Stacy Fisher, Amber Fisher Newville, PA 17241 Telephone: 717-776-3187 Benjamin H Wilson Docket No: MJ-09302-LT-0000021-2014 P.O. Box 5 Case Filed: 7/31/2014 Walnut Bottom, PA 17266 Disposition Details Grant possession. No Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary (cc-Cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09302-LT-0000021-2014 Benjamin H Wilson Stacy Fisher Judgment for Plaintiff 08/13/2014 MJ-09302-LT-0000021-2014 Benjamin H Wilson Amber Fisher Judgment for Plaintiff 08/13/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Amber Fisher $5,434.64 $0.00 $5,434.64 Benjamin H Wilson $0.00 $0.00 $0.00 Stacy Fisher $5,434.64 $0.00 $5,434.64 Judgment Finding (*PostJudgment) In the matter of Benjamin H Wilson vs. Stacy Fisher;Amber Fisher on MJ-09302-LT-0000021-2014, on 8/13/2014 the judgment was awarded as follows: The amount of rent per month,as established by the Magisterial District Judge, is$775.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Physical Damages to Property $5,015.00 $0.00 $5,015.00 Unjust Detention $225.00 $0.00 $225.00 Costs $194.64 $0.00 $194.64 Grand Total: $5,434.64 Portion of judgment for physical damages arising out of residential lease: $0.00 CdS G� � 7%, MDJS 315A Page 1 of 3 Printed:08/13/2014 10:55:49AM a Benjamin H Wilson Docket No.: MJ-09302-LT-0000021-2014 v. Stacy Fisher, Amber Fisher 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. Date Magisterial District Judge Vivian Cohick , certify that this is a true and correct copy of the record o t e procee mgs containing the judgment. Date Magisterial District J e M G C7 )>Cz MDJS 315A Page 2 of 3 Printed:08/13/2014 10:55:49AM Benjamin H Wilson Docket No.: MJ-09302-LT-0000021-2014 v. Stacy Fisher, Amber Fisher Participant List Plaintiff(s) Benjamin H Wilson P.O. Box 5 Walnut Bottom, PA 17266 Defendant(s) Amber Fisher 17689 Cumberland Highway Newburg, PA 17240 Stacy Fisher 17689 Cumberland Highway Newburg, PA 17240 MDJS 315A Page 3 of 3 Printed:08/13/2014 10:55:49AM Benjamin H Wilson PO BOX 5 Walnut Bottom, PA 17266 Plaintiff In Pro Per Cumberland County Courthouse Benjamin H Wilson, Plaintiff, vs. Stacy & Amber Fisher, Defendants • r 1 2015 JAN -2 AH IQ: 03 CUM ERLix'D COUNTY PENNSYLVANIA ) Case No.: 14-5771 'E- ) ACKNOWLEDGMENT OF ASSIGNMENT ) OF JUDGMENT ) ) ) ) ) ) COMES NOW, Benjamin H Wilson, Plaintiff in the within matter and hereby provides the following in support of an ASSIGNMENT OF JUDGMENT: 1) THAT judgment was entered by this court on or about 8/13/14. 2) THAT Plaintiff Benjamin H Wilson was awarded against Defendants Stacy & Amber Fisher, the sum of $5,434.64. 3) THAT there have been no renewals since the entry of said judgment by this court and tha Plaintiff Benjamin H Wilson has received $0.00 of judgment from Defendants Stacy & Amber Fisher. 4) THAT Benjamin H Wilson of PO BOX 5 Walnut Bottom, PA 17266 is the judgment creditor of record. 5) THAT the last address of record for the judgment debtor is 17689 Cumberland Highway Newburg, PA 17240. 6) THAT I hereby transfer irrevocably, without recourse, and assign all title, right, and interest in the within judgment to the following person: Michael Carducci D/B/A MDC Judgment Recovery PO BOX 102 s %5-e p C -4-5t Abctial tairj..,cc 3 /57/,4 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mount Holly Springs, PA 17065 717-609-0178 7) THAT I hereby authorize Assignee, Michael Carducci D/B/A MDC Judgment Recovery, to recovery, compromise, settle and enforce said judgment and I withdraw all right and claim to same. Signed this /Z day of DA:C.1W _. , 2014 at and PA. enjamm H Wilson ATTACHMENT TO 412wrnktiT Foie is S I G J M ene r 'Nt la_thast-- or COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the ID_ day of le et w&,L , .moi before me Viki Hronis, the undersigned officer personally appeared )� K1 \ An A 97,L5fAj , known to me (or satisfactorily proven) to be the person(s) whose name (s) is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Viki Hronis, NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Viki Hronis, Notary Public Shlppensburq Boro, Cumberland County My Ci lu011s5ion Expires Dec. 19, 2016 MEM'BBEtL IlHNNS4VANIA ASSOCIATION OF -NOTARIES AMC 7itely frbon4 RPS©vRJ 910 cy d. AU be Fits 4� P (Caption) c4,50 Ito. L_ 1/S7�j Praecipe for Notice of Intent to Attach Wages To the Prothonotary: _ Issue a Notice of Intent to Attach Wages in the above matter 5., rn "n vy „‹.T7 N 13 C (1) against 5-i`Qc�/ Pr r $1 cc , defendant, (2) deAAyS against , employer of the defendant. Date: (-d- ao(S Attorney for Judgment Creditor -Landlord or Judgment Creditor -Landlord if unrepresented %i c hap ( Ca rti vic r D /' 14 $10( litelffNeilt i co o ey. ° 66y 104. y /4..4. 40119 cioiq °liS )10,4 "70 6S' Telephone number 7(7- / 6Q 0 f 7E? Address =ryCY C) C , Certification by Judgment Creditor—Landlord I certify that 1. The plaintiff judgment -creditor is MICA e/ Ca-Jc' a/ /d fill C YttarptioAf- PP Name p© BoX (Oa y Address A44` CIy spt"t ,0,4 7©6 S 2. The defendant judgment -debtor is Name tac9 Fisher ,4k, ' �llecy 41,44er Address /IN Cedar 5.f. Q f C r !rV s p 10,E 3. The employer garnishee is Name . etilAy IS Address a©� Fas7 /14q;4 91 SPA��4�b ,sc aa3t 4. The judgment arises out of a residential lease for the premises at (address). tit q bobcat i,, C4t k dl, 4 5. (a) The amount of the judgment is $ S (b) A security deposit in the amount of $ es©. co is being held by the judgment creditor -landlord. This security deposit has been applie 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 $ c9 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. C5 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 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. (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: 1-42_ ao S Judgment Creditor -Landlord (CAPTION) NOTICE OF INTENT TO ATTACH WAGES, SALARY OR COMMISSIONS Date of service of this Notice: (Date to be inserted by the Sheriff) 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. (Name) Cu hI berfaq 644149 &Lr dd__ , /7� S 4 Cia-f,0 �l (Address) 3a c. Ge eC rd S~i`_ (Telephone Number) 717- a ilq- 3! 6 C (b) The claim for exemption from wage attachment shall be substantially in the following form: (CAPTION) 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 dependents. (Number) 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 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: Defendant This claim shall be delivered or mailed to Office of the Prothonotary Court of Common Pleas Address Telephone Number (c) The notice of claim of exemption required by Rule 3303(b) shall be substantially in the following form: (CAPTION) 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: Prothonotary o Statutes & Regulations o Introduction o LIHEAP LeveragingItepoits o All Leveraging/Supplements o Current Ratepayer _Funded Programs • performance Measures Performance Measures o Overview o Where Grantees Can Learn More • Contact Contacts o Clearinghouse o State Directors o Tribal Directors o Territories You are here: Home / Federal Poverty Guidelines for FFY 2015 For all states (except Alaska and Hawaii) and for the District of Columbia Size of family unit 100 Percent of Poverty 116 Percent of Poverty 150 Percent of Poverty 1 $11,670 $13,537 $17,505 2 $15,730 $18,247 $23,595 3 $19,790 $22,956 $29,685 4 $23,850 $27,666 $35,775 5 $27,910 $32,376 $41,865 6 $31,970 $37,085 $47,955 7- $36,030 $41,795 $54,045 8 $40,090 $46,504 $60,135 For family units with more than 8 members, add $4,664 for each additional person at 116 percent of poverty. Note: For optional use in FFY 2014 and mandatory use in FFY 2015 Page last updated: July 31, 2014