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Home My WebLink About14-7018 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-3-03 Eleanor A Kling MDJ Name: Honorable Susan K. Day V. Address: 229 Mill Street Robert C Rosario, Heather Starner P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Eleanor A Kling Docket No: MJ-09303-LT-0000068-2014 306 Shughart Ave Case Filed: 9/30/2014 Boiling Springs, PA 17007 Disposition Details Grant possession. Yes 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-09303-LT-0000068-2014 Eleanor A Kling Robert C Rosario Judgment for Plaintiff 10/09/2014 MJ-09303-LT-0000068-2014 Eleanor A Kling Heather Starner Judgment for Plaintiff 10/09/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Eleanor A Kling $0.00 $0.00 $0.00 Heather Starner $2,624.90 $0.00 $2,624.90 Robert C Rosario $2,624.90 $0.00 $2,624.90 Judgment Finding (*Post Judgment) In the matter of Eleanor A Kling vs. Robert C Rosario;Heather Starner on MJ-09303-LT-0000068-2014, on 10/09/2014 the judgment was awarded as follows: The amount of rent per month,as established by the Magisterial District Judge,is$1,050.00 Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $2,456.00 $0.00 $2,456.00 Server Fees $41.40 $0.00 $41.40 Filing Fees $127.50 $0.00 $127.50 Grand Total: $2,624.90 Portion of judgment for physical damages arising out of residential lease: $0.00 MDJS 315A Page 1 of 3 Printed: 12/04/2014 10:22:36AM Eleanor A Kling Docket No.: MJ-09303-LT-0000068-2014 V. Robert C Rosario, Heather Starner 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 WITH THE JUDGMENT. ppp tip{Cbh,�pp Date Magisterial District Judge Susan K.Day ° certify that this is a true and correct copy of the rd o t e procee m s con ta mgt /u gment. Date Alagisterial bistrict Judge C71 C:� M i` r' S Q Cly ' _?G T} "CO; — rQ . C� /03 q15 MDJS 315A Page 2 of 3 Printed: 12/04/2014 10:22:36AM Eleanor A Kling Docket No.: MJ-09303-LT-0000068-2014 V. Robert C Rosario, Heather Starner Participant List Plaintiff(s) Eleanor A Kling 306 Shughart Ave Boiling Springs, PA 17007 Defendant(s) Robert C Rosario 18 Raylen Dr Boiling Springs, PA 17007 Heather Starner 18 Raylen Dr Boiling Springs, PA 17007 MDJS 315A Page 3 of 3 Printed: 12/04/2014 10:22:36AM Mark W. Allshouse, Esquire Attorney 1D # 78014 4833 Spring Road Shermans Dale, PA 17090 (717)582-4006 Attorney for Plaintiff -.i,. v- 2.1iDEC 3I P11? 3E C it1BE_RLAND C'uuid T Y. PENNSYLVANIA Eleanor A. Kling, Plaintiff, v. Robert C. Rosario, and Heather Starner, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14 -7018 -CIVIL TERM : CIVIL ACTION - LAW PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES To the Prothonotary: Kindly Issue a Notice of Intent to Attach Wages in the above matter: against Robert Rosario, defendant, against Carlisle Syn Tech Incorporated, employer of the defendant. rk W. Allshouse, Es%uire • ttorney I.D. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff as:5o fb Ktri e`" X88, li*Sbb CERTIFICATION BY JUDGMENT CREDITOR - LANDLORD I certify that: 1. The plaintiff judgment -creditor is: Eleanor A. Kling 306 Shughart Avenue Boiling Springs, PA, 17007 2. The defendant judgment -debtor is: Robert Rosario 18 Raylen Drive Boiling Springs, PA 17007 3. The employer garnishee is: Carlisle Syn Tec Incorporated 1285 Ritner Highway Carlisle, PA 17013 4. The judgment arises out of a residential lease for the premises at 306 Shughart Avenue, Boiling Springs, Pennsylvania 17007. 5. (a) The amount of the judgment is $2,624.90 (joint/several). (b) A security deposit in the amount of $500 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. (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.) 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 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 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(8), 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: Eleanor A. Kling COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-03 MDJ Name: HDn, SUSAN R. DAY Address: 229 MILL ST, BOX 167 MT_ HOLLY•SPRINGS, PA. 17065 Telephone: (717) 486 - 7 672 Amount Filing Costs $ p`7-5? Postage $ Service Costs $ Constable Ed. $$ Total Mfr fik t4'gliil 0 Date Paid of/.>Pf Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. LANDLORD AND TENANT COMPLAINT PLAINTIFF: rEj/ej v1d✓ kr( 36lbCSHt& itAqi Bcfll` S tn,b Pa, rim NAME and ADDRESS L DEFENDANT: VS. NAME and ADDRESS rQo b e✓� Q.b s /LK/ 0 r aM w.r S. tib -✓n er t ra./!Li dV L SO it rrbSprivt S Pk, I i a ei Docket No.: /1 i ' Y. Date Filed: l r q/. TO THE DEFENDANT: The above named plaintiff(s) asks judgment together with costs against you for the possession of eal property and for: is Residential Nonresidential. r7rLease Damages for injury to the real property, to wit: S -ems (1+kCh e , in the amount of: $ 3 SIC. a 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 $ 1, (e Db And additional rent remaining due and unpaid on hearing date $ Attorney fees in the amount of $' 566 0. bO , THE PLAINTIFF FURTHER ALLEGES THAT: Total: $ 2-, �( IP, 00 r --� 1. The location and the address, if any, of the real property is: 3dlo,ci1ttAttVt-`wk IU/ti Beiljlrt-N—Spi111 JJ J f I 2. The plaintiff is the landlord of that property. 116b1 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 a breach of the conditions of the lease, to wit: of, [ Rent reserved and due has, upon demand, remained unsatisfied. 1, i (c-gorttl Z Ki 1 Net 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 unsworn falsification to authorities. ��V'�� ^, (Si nature of Plam ff) Le �i33 Sp* V'fj , S1narwtw�.s it pk (pi sc1- �bbip (Plaintiff's Attorney) ddress)) 11 of G -.j, o (Phone) 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 ttTe 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 a complaint form at this 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 i1 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. AOPC 310A-09 Remarks and summary dl testimony may be recorded on reverse side. Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff Eleanor A. Kling, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 14-7018 CIVIL TERM Robert C. Rosario, and Heather Starner, Defendants : CIVIL ACTION — LAW 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(0 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 SERVICE'S TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 s. Department of Health & Human`Services ASPE<hhs_glau Office of The Assist antSecretary orPtann ng and;Evaluation Reports Data & Tools Evaluation Database Policy Offices Page 1 of 2 wavw.hhsgav Fri Email Updates Key Initiatives About 2014 P_werty Guidelines Health System Measurement Project Onc Version of tie [U.S.] Federal Poverty Measure HHS Data Strategy [Fed(f 31_l?cgisteritiotice „January 24, 2013 — Full text 1 Poverty & Ind dtrt4erSt t t_ _ uidelines__ id FederaiRegisterReferences Since 1982 1 1 Freer ueni ,y,Asked Questions (FAQs)1 Data GLIiFlrurther Resources on Poverty Measurement, Poverty Lines. and Their Histo y 1 Computations for the 2014 Poverty Guidelines 1 The following figures are the 2014 HHS poverty guidelines which are scheduled to be published in the Federal Register on January 22, 2014. (Additional information will be posted after the guidelines are published.) 2014 POVERTY GUIDELINES FOR THE 48 CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA Persons in family/household 1 Poverty guideline 511,670 2 15.730 3 19,790 4 23,850 5 27,910 6 31,970 7 36,030 8 40,090 For families !households with more than 8 persons. add $4,060 for each additional person. 2014 POVERTY GUIDELINES FOR ALASKA Persons in family/household Poverty guideline 1 514,580 2 19,660 3 24.740 4 29,820 5 34,900 6 39,980 • 7 45,060 8 50.140 For families/households with more than 8 persons. add $5,080 for each additional person. 2014 POVERTY GUIDELINES FOR HAWAII Persons in family/household Poverty guideline 1 513,420 2 18,090 • 3 22,760 4 27,430 For families; households with rnore than 8 persons, add 54,670 for each additional person. http://a,pe.hhs.gov/POVERTY/14poverty.cfm 12/16/2014 Page 2 of 2 Persons in family/household Poverty guideline 5 32,100 6 36,770 7 41,440 8 46,110 For families/households with more than 8 persons, add $4,670 for each additional person. The separate poverty guidelines for Alaska and Hawaii reflect Office of Economic Opportunity administrative practice beginning in the 1966-1970 period. Note that the poverty thresholds -- the original version of the poverty measure -- have never had separate figures for Alaska and Hawaii. The poverty guidelines are not defined for Puerto Rico. the U.S. Virgin Islands, American Samoa, Guam, the Republic of the Marshall Islands, the Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, and Palau. In cases in which a Federal program using the poverty guidelines serves any of those jurisdictions, the Federal office which administers the program is responsible for deciding whether to use the contiguous -states -and -D.C. guidelines for those jurisdictions or to follow some other procedure. The poverty guidelines apply to both aged and non -aged units. The guidelines have never had an aged/non-aged distinction: only the Census Bureau (statistical) poverty thresholds have separate figures for aged and non --aged one-person and two --person units. Programs using the guidelines (or percentage multiples of the guidelines — for instance, 125 percent or 185 percent of the guidelines) in determining eligibility include Head Start, the Supplemental Nutition Assistance Program (SNAP), the National School Lunch Program, the Low -Income Horne Energy Assistance Program, and the Children's Health Insurance Program. Note that in general, cash public assistance programs (Temporary Assistance 'for Needy Families and Supplemental Security Income) do NOT use the poverty guidelines in determining eligibility. The Earned Income Tax Credit program also does NOT use the poverty guidelines to determine eligibility. For a more detailed list: of programs that do and don't use the guidelines, see the Frequently Asked Questions (FAQs). The poverty guidelines (unlike the poverty thresholds) are designated by the year in which they are issued. For instance, the guidelines issued in January 2014 are designated the 2014 poverty guidelines. However, the 2014 HHS poverty guidelines only reflect price changes through calendar year 2013; accordingly, they are approximately equal to the Census Bureau poverty thresholds for calendar year 2013. (The 2013 thresholds are expected to be issued in final form in September 2014; a preliminary version of the 2013 thresholds is now available from the Census Bureau.) The poverty guidelines may be formally referenced as "the poverty guidelines updated periodically in the Federa/Register by the U.S. Department of Health and Human Services under the 'authority of 42 U.S.C. 9902(2)." Go to Further Resources on Poverty Measurement, Poverty Lines, and Their History Go to Frequently Asked Questions (FAQs) Return to the main Poverty Guidelines, Research, and Measurernent page. SEE Home' IIHS Home I Questions? Contacting HHS 1 Accessibility Privacy Policy I FOIA I Plain Writing Act I No Fear Act I Disclaimers] The White House ; USA.gov I Flu.gov I Viewers & Playersf HHS Digital Strategy U.S. Department of Health & Human Services — 200 Independence Avenue, S.W. — Washington. D.C. 20201 http://a•.pe.hhs.gov/POVERTY/14poverty.cfm 12/16/2014 Eleanor A. Kling, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • • v. : NO. 14-7018 CIVIL TERM Robert C. Rosario, and Heather Starner, Defendants : CIVIL ACTION — LAW CLAIM FOR EXEMPTI.ON 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 yourr 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 Prothonotary Cumberland County Courthouse One Courthouse Square, Suite 100 Carlisle, PA 17013 (717) 240-6195. Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff Eleanor A. Kling, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 14-7018 CIVIL TERM Robert C. Rosario, and Heather Starner, Defendants : CIVIL ACTION - LAW PRAECIPE 'FOR NOTICE OF INTENT TO ATTACH WAGES To the Prothonotary: Kindly Issue a Notice of Intent to Attach Wages inthe above matter: (1) against Heather Starner, defendant, (2) against Church of God Home, employer of the defendant. Date: ark W. Allshouse, E 4uire Attorney I,D. # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff C as .50 Pr 1411-4 3q89 gif 315-0/9 00p9 `E° Bkb6 CERTIFICATION BY JUDGMENT CREDITOR - LANDLORD I certify that: 1. The plaintiff judgment -creditor is: Eleanor A. Kling 306 Shughart Avenue Boiling Springs, PA 17007 2. The defendant judgment -debtor is: Heather Starner 18 Raylen Drive Boiling Springs, PA 17007 3. The employer garnishee is: Church of God Home 801 North Hanover Street Carlisle, PA 17013 4. The judgment arises out of a residential lease for the premises at 306 Shughart Avenue, Boiling Springs, Pennsylvania 17007. 5. (a) The amount of the judgment is $2,624.90 (joint/several). (b) A security deposit in the amount of $500 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. (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.) 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 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 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: /,2 62, .2,04/ Eleanor A. Kling COMMONWEALTH OF PENNSYLVANIA. COUNTY OF: CUMBERLAND Mag. Dal. No.: 09-3-03 MDJ Name: Hon. SUSAN K. DAY Address: 229 MILL ST, BOX 167 MT. HOLLY SPRINGS, PA. 17065 Telephone: (717) 486-7672 Amount Filing Costs $ Postage $ Service Costs $ Constable Ed. $ Total $ Date Paid %3rtJ Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. LANDLORD AND PLAINTIFF: TENANT COMPLAINT rrlei r►e✓ I I i sm. cS Bctll d rnob,P&' 110(7 L VS. DEFENDANT: NAME and ADDRESS NAME and ADDRESS rQ o b e.✓&, &S a !) 1f14-114e.r Stfvne. it ri,,!lt-+'1 �(i✓Ci LSb/lrr�Sprm PA, (11t1 Docket No.: Cr; 6,1:1-/X Date Filed: 3B TO THE DEFENDANT: The above named plaintiff(s) asks judgment together with costs against you for the possession of eal property and for: Lease is Residential Nonresidential. Damages for injury to the real property, to wit: -/' -e-e- &4kc`I. P in the amount of: $ �3 51.e. 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 $ 11 Le Do And additional rent remaining due and unpaid on hearing date $ 5 Attorney fees in the amount of $ 0 0 • DO THE PLAINTIFF FURTHER ALLEGES THAT: Total: $ 2, 14"6 (1), 0D'� 1. The location and the address, if any, of the real property is: 3010 cr ktik-b ivr C 0U -V e/ 8 0i lil)`�p(tYtr S 2. The plaintiff is the landlord of that property. ✓ `J 110r1 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. LJ The term for which the property was leased or rented is fully ended, or A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: or, wRent reserved and due has, upon demand, remained unsatisfied. - - -• • - - _: • •. ..' ii I, E-7- 4N•ii& K) 1 ,vq verify that the facts set forth in this complaint are true and correct to the best bf 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 unsworn falsification to authorities. � natu a of Plainri. ffjy,/,cc2/{ ��y/�� J(�� 1 • j� ,/ t/ tLA �. /i,/t P bot (Phone) (Plaintiff's Attorney) dress ildlp1 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 t 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 a complaint form al this 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 it daimed, may nevertheless be entered against you. A judgment against you for possession may result in your EVICTION from the premises. it 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. AOPC 310A-09 emar s ens summary of teslrmony may be recorded on reverse slde. Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Plaintiff Eleanor A. Kling, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 14-7018 CIVIL TERM Robert C. Rosario, and Heather Starner, Defendants : CIVIL ACTION — LAW 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 judgmentis 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 Department cf Health & Human Services ASPE_hhs.goV Office of The Assistant Secretary for Planning and Evaluation R,Torts Data & Tools Policy Offices Evaluation Database Key Initiatives 7014 Poverty Guidelines Health System Measurement Project Ont Version -Of ti,c [U.S.] Federal Poverty Measure HHS Data Strategy [ l;crycr!!Rcgistc Notice, lanuary 24y,201 3, — Full text ] Poverty & In4c1Aster3t3tiett : uidelines and Federal Reoister References Since 1 982 J Fieuueruy Asked Questions (FAQs) J Data Gui[Jleurther Resources on Poverty leasurement, Poverty Lines, and Their History 1 Computations or the 2914 Poverty Guidelines ) Page 1 of 2 www,hlss.gav itta Email Updates About The following figures are the 2014 HHS poverty guidelines which are scheduled to be published in the Federal Register on January 22, 2014. (Additional information will be posted after the guidelines are published.) 2014 POVERTY GUIDELINES FOR THE 48 CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA Persons in family/household Poverty guideline I $11,670 IMIIIIIIIIIIIMEI 15.730 .1111113.11111111111111 19.790 IIIIIIIIIIIIIIIIIMIIII 23,850 5 27,910 6 31,970 111111111/11111111.1 36.030 8 40.090 For families households with more than 8 persons, add $4,060 for each additional person. 2014 POVERTY GUIDELINES FOR ALASKA Persons in family/household Poverty guideline I $14,580 2 19,660 3 24,740 4 29,820 5 34,900 6 39,980 7 45,060 8 50.140 For families/households with more than B persons, add $5,080 for each additional person. 2014 POVERTY GUIDELINES FOR HAWAII Persons in family/household Poverty guideline 1 813,420 2 18.090 3 22.760 4 27,430 For families/households with more than 8 persons, add $4,670 for each additional person. http://a,pe.hhs.gov/POVERTY/14poverty.efrn 12/16/2014 Page 2 of 2 Persons in family/household Poverty guideline. 5 32,100 6 36,770 7 41,440 8 46,110 For famIlies;/households with more than 8 persons, add $4,670 for each additional person. The separate poverty guidelines for Alaska and Hawaii reflect Office of Economic Opportunity,administrative practice beginning in the 1966-1970 period. Note that the poverty thresholds - the original version of the poverty measure — have never had separate figures for Alaska and Hawaii. The poverty guidelines are not defined for Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, the Republic of the Marshall Islands, the Federated States of Micronesia; the Commonwealth of the Northern Mariana Islands, and Palau. In cases in.which a Federal programlising the poverty guidelines serves any of, those jurisdictions, the Federal office which administers the program is responsible for deciding whether to use the contiguous -states -and -D.C. guidelines for those jurisdictions or to follow some other procedure. - The,poverty guidelines apply to both aged and non-2tged.units. The guidelines have never had an,aged/non-aged distinction: only the Census Bureau (statistical) poverty thresholds have separate figures for aged and non -aged one-person and two -person units. Programs using the guidelines (or percentage multiples of the guidelines — for instance, 125 percent or 185 percent of the . guidelines) in determining eligibility include Head Start, the Supplemental Nutition Assistance Program (SNAP), the National School Lunch Program, the Low -Income Home Energy Assistance Program, and the Children's Health Insurance Program. Note that in general, cash. public assistance programs (Temporary Assistance for Needy Families and Supplemental Security Income) do NOT use the poverty guidelines in determining eligibility. The Earned Income Tax Credit program also does. NOT use the poverty guidelines to determine eligibility. For a more detailed list of programs that do and don't use the guidelines, see the Frequently Asked Questions (FAQs). The poverty guidelines (unlike the poverty thresholds) are designated'by the. year in which they are issued. For instance, the guidelines issued in January 2014 are designated the 2014 poverty guidelines. However, the 2014 HHS poverty guidelines -only reflect price changes through calendar year 2013; accordingly, they are approximately equal to the Census Bureau poverty thresholds for calendar year 2013. (The 2013 thresholds are expected to be issued in final form in September 2014; a preliminary version of the 2013.thresholds is now available from the Census Bureau.) The poverty guidelines may be formally referenced as "the poverty guidelines 'updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2)." Go to -Further Resources pn Poverty Measurement, Poverty Lines. and -Their History Go to Frequently Asked Questions (FAQs) Return to the main Poverty Guidelines, Research, and Measurement page. 51 -IT Home I HHS Home I Questions? i.Qntactino HHS I Accessibility I Privacy Policy I FOIA I. Plain Writing Act I No Fear Act I'Disclaimersl The White House I U$A.gov l Flu.gov I Viewers & PlaversIHHS Digital Strategy U.S. Department of Health & Human Services — 200 Independence Avenue, S.W. — Washington, D.C. 20201 http://a' pe.hhs.gov/POVERTY/14poverty.cfm 12/16/2014 Eleanor A. Kling, Plaintiff V. Robert C. Rosario, and Heather Starner, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : . : NO. 14-7018 CIVIL TERM : 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 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 Prothonotary Cumberland County Courthouse One Courthouse Square, Suite 100 Carlisle, PA 17013 (717) 240-6195