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HomeMy WebLinkAbout06-3469?'• COMMOP COUNTY Map. Diet. P MDJ Name: Address: L'--r TH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT UMBERLAW CIVIL CASE PLAINTIFF: NAME and ADDRESS 09-3-05 E A. ELDER N YORK ST 71NICSBURG, PA Telephone: 717) 766-4575 17055 DONNA . GATES 1230 BLOSSOM TERRACE BOILING SPRINGS, PA 17007 THIS IS 71D NOTIFY YOU THAT: Fil Judi Fil Judi in th Def El Da rr? El This ? Arno Atta( Portic dame lease ANY PART) OF APPEAL N MUSTINCLU[ EXCEPT A9 JUDGEMENT COMEFROM' UNLESS n A REOUESTF SETTLES, OR .S'1,? -7 I certify was entered for: rGATES, DONMA M 1230 BLOSSOM TERRACE BOILING SPRINGS, PA 17007 L VS. J DEFENDANT: NAME and ADDRESS rEELLER, TIMA S NEST SIMPSON ST MECHANICSBURG, PA 17055 L J DocketNo.: CY-0 000173-05 Date Filed: 5/03/05 (Name) a_^TES, DC=i, m lent was entered against: (Name) rsLr.xo, TTx& amount of $ t? Oi1 _ pL on: (Date of Judgment) 5/271n1; are jointly and severally liable. will be assessed on: dismissed without prejudice. It of Judgment Subject to nenV42 Pa.C.S. § 8127$ of Judgment for physical ,s arising out of residential (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total IAS THE RIGHT TO APPEAL WITHIN 39 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE H THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. You A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. ITHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE )LDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST IE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE R ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, THERWISE COMPLIES WITH THE JUDGMENT. Date / C (Yzy?z Magisterial District Judge this is a true and correct copy 9f thg-{ecord JzJ the proceedings containing the judgment. Date / ( J I - ( ( ( '(.., If , Magisterial District Judge My C( AOPC in expires first Monday of January, 2006 . SEAL DATE PRINTED: 5/27/05 11:32:30 AN r zt) M1? ? 1 f T ITl M r., W^ Fri .` CIVIL DIVISION DONNA M. GATES 1230 BLOSSOM TERRACE BOILING SPRINGS, PA. 17007 P INTIFF TINA KELLER 413 IEHL ROAD MEC ICSBURG, PA. 17055 NOTICE OF FILING JUDGMENT (xx) Notice is hereby given that a Lien in the above captioned att r has been entered against you in the amount of $4,931.84 on 20 The original date of judgment was on - 19 05/27/05. (xx) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. BY: If y u have any questions, regarding this Notice, please contact the filing party: CHRISTINE A. HOLMAN, ESQ. ID#61350 P.O. BOX 295 FRACKVILLE, PA. 17931 (570) 668-3183 (This Notice is in accordance with Pa. R.C.P. 236) IN THE COURT OF COMMON PLEAS OF Cvr.b:?r?czr? COUNTY, PENNSYLVANIA "? orV\ ck. V& . (?' c_AeS ?a3C? D\osSOr.-. -'re.rrc?.ce PA 1 1 OCO vs NO. -a o 0 6 - :1 ci 1 Y" C_ We.\\e.c- \3 ecwZ ,,(ti ee h o_,. c.s 6.,r PD l1 oSS 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 ; r o_ 1<e \\ e r , defendant, (2) against o\cx4_ employer of the defendant Date: 31-710 '!q? Atto for Judgment reditor-Landlord or Judgment Creditor - Landlord if unrepresented Certification by Judgment Creditor - Landlord I certify that: 1. The plaintiff judgment-creditor is ?©e\n, e" IV-. Q :--Ae S Name C \ o So-es at-e" n,vN d wss6c-w-4,k s P.o . Qom ? ? w.aq? p.n_ ???sa Address 2. The defendant judgment-creditor is 1 ;r?q \,-,e, \\,e r Name 13 ?-tD• e o? Z \Mech?,?.cs b,? ? A floss Address 3. The Employer garnishee is RA\o4 -Tu'eoo' S Name i\\AVVN p dcv. 0 ew_N_ 4_ Address 'k,e. G \%C h Zc s b? r) i I %A C) oS Page I of 9 Updated 4/2008 4. The judgment arises out of a residential lease for the premises at S-T I-) OS S -(address) 5. (a) The amount of the judgment is $ tA, q31. S'I (b) A security deposit in the amount of $ 0, o g., is being held by the judgment creditor-landlord. This security deposit Jbeen 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) The amount of $ Q. 0 o 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) in 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 the appropriate paragraph and attach the required documents: te(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 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. 11 I (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 Phi la.M.C.R.Civ.P.No. 1 l 1(b), copies of the appropriate Philadelphia Page 2 of 9 Updated 4/2008 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 unsworn falsification to authorities. Date: g 7/0 Ju nt C?re?Landlord Page 3 of 9 Updated 4/2008 IN THE COURT OF COMMON PLEAS OF lri?lhl?kfi!r-\u h?COUNTY, PENNSYLVANIA b©y%? nc_ NV\ , 1 ??-eS vs NO. 0001.- ; ?\l05 '-.C_ We_kker 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 Updated 4/2008 OFFER LEGAL SERVICES TO ELLIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Reference Service 3. s3 Vic:-? S-t r te-F CGL:r-\L?S a%A? - $o - vu • Q ?o k (b) The claim for exempt on from wage attachment shall be substantially in the following form: Page 5 of 9 Updated 4/2008 IN THE COURT OF COMMON PLEAS Ol C v mn oe rk%,. j COUNTY, PENNSYLVANIA %?)Dhr,a 'ivx . Gc-A-eS vs NO. _1- r\ C'._ k e We-r- 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 dependents. (Number) My net monthly income is $ Page 6 of 9 Updated 4/2008 (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 ahe C0'4r"nuuSe S'QJcxr C Page 7 of 9 Updated 4/2008 IN THE COURT OF COMMON PLEAS OF ?OUNTY, PENNSYLVANIA ?V?hcJ. X?X. GcAes vs NO 7 It 1-% C, Vle k\ ,e.(-- NOTICE OF CLAIM 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 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: Prothonotary Page 8 of 9 Updated 4/2008 2009 HHS Povertv Guidelines Size of 48 Contiguous Alaska Hawaii Family Unit States and D.C. 1 $10,830 $13,530 $12,460 2 14,570 18,210 16,760 3 18,310 22,890 21,060 4 22,050 27,570 25,360 5 25,790 32,250 29,660 6 29,530 36,930 33,960 7 33,270 41,610 38,260 8 37,010 46,290 42,560 For each additional 3,740 4,680 4,300 person, add SOURCE: Federal Register, Vol. 74, No. 14, January 23, 2009, pp. 4199-4201. COMMONWEALTH OF PENNSYLVANIA rnt INITv nF• CUMBERLAND Mag. DW. No 09-3-05 DJ Name. Mon. GAYLE A. ELDER Acme- 507 N YORK ST MECHANICSBURG, PA Telephone: (717) 766-4575 17055 AMOUNT FILING COSTS $ 110.50 POSTAGE $ SERVICE COSTS $ 20.00 CONSTABLE ED. $ 5.00 TOTAL $ 135.50 DATE PAID 5'3/05 J 5/ 3 105 5 / 3 / 05 5/ 3/05 CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS rGATES, DONNA M 1230 BLOSSOM TERRACE BOILING SPRINGS, PA 17007 L Vs. DEFENDANT: NAME and ADDRESS r KELLER, TINA 8 WEST SIMPSON STREET MECHANICSBURG, PA 17055 L Docket No.: CV-173-05 Date Filed: 5/3/05 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 against you for $ 4.796.34 together v costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): TRASHED RENTAL PROPERTY I 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) related to unswor falsification to authorit' s. - ( ignature o Plamtif or Authorized Agent) Plaintiff's Attorney: Address: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTIFY THIS OFFICE IMMEDIAT AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENIE UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing. If „ni, arP rflSahlPr1 and reauire a reasonable accommodation to gain access to the Magisterial District R LE rY"D E. OF THE MCA SEP 16 Phi 1 r:.. 4 dN - 00 P D A Tr-,/ ev,* a3l a3o(55 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant F Edward L Schorpp Solicitor F?. * _ r. LE. ;i= THE Lip; . •i ,'?' Donna M. Gates vs. Tina Keller SHERIFF'S RETURN OF SERVICE Case Number 2006-3469 09/29/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Tina Keller, but was unable to locate her in his bailiwick He therefore returns the within Notice of Intent to Attach Wages as not found as to the defendant Tina Keller. The Mechanicsburg Postmaster has advised the defendant has forwarded their mail to 6130 Springford Drive Apt. C3 Harrisburg, PA 17111. SHERIFF COST: $42.44 September 29, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Sheriff s Office of Cumberland County,` R Thomas Kline Sheriff at { 1 Ronny R Anderson 2 L Y c 1, , Chief Deputy Jody S Smith Civil Process Sergeant OFFICE y.F `?E Edward L Schorpp Solicitor Donna M. Gates vs. Case Number . Tina Keller 2006-3469 SHERIFF'S RETURN OF SERVICE 10/21/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Tina Keller, but was unable to locate her in his bailiwick He therefore returns the within Notice of Intent to Attach Wages as not found as to the defendant Tina Keller. Peggy Myers, Manager of Ruby Tuesday's advised Deputy's the defendant has not been employe( at this location since 2006. An exact address is not available. SHERIFF COST: $42.44 October 21, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF