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HomeMy WebLinkAbout07-747807 - 'Idil7$ ...cup ., NOTICE OF JUDGMENT/TRANSCRIPT COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND CIVIL CASE Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: PLAINTIFF: NAME and ADDRESS r BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS ANTHONY r-COLE ? , 160 LAMONTE STREET C/O WRIGHT EXPRESS SERV. L!W CUM1lZRLAND, PA 17070 Docket No.: CV-0000601-07 Date Filed: 9/12/07 _ (Date of Judgment) 11/01/07 (Name) SENT CREEK LIMITED PARTNERSHIP ® Judgment was entered against: (Name) COLE, ANTHONY in the amount of $ 1, 463.4 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F1 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,352.24 $ 111.25 Judgment Costs Interest on Judgment $ -tea Attorney Fees $ -00 Total $ 1,463.49 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION-YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR 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. ©1Ad C/ / Date I certify that this is a true of my d 7 Date My commission expires first Monday of January, 2010 Magisterial District Judge gs containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 11/01/07 9:29:00 AM p ?p is OD r ? ?j r I::4c A ?3 . ?p Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7478 Civil Term Anthony Cole C/o Valley Green Transportation 160 Lamont Street CIVIL ACTION-LAW New Cumberland, PA 17070 Defendant Praeciue for Notice of Intent to Attach Wages To the Prothonotary: Issue a Notice of Intent to Attach Wages in the above matter (1) Against Anthony Cole, Defendant (2) Against Vally Green Transportation Employer of the Defend Date a? 02 / Attorney for Judgment Creditor-Landlord Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 b(i wl; 'r C l 9 f :8 Wit 6 ° 833 60OZ A8ViGjN?..1H. 06d 3HL J0 Certification by Judgment Creditor - Landlord I certify that 1. The Plaintiff judgment-creditor is Bent Creek Limited Partnership 5351 Jaycee Ave. Harrisburg, PA 17112 2. The Defendant judgment-debtor is Anthony Cole C/o Valley Green Transportation 160 Lamont Street New Cumberland, PA 17070 3 The Employer Garnishee is Valley Green Transportation (payroll & human resources) 160 Lamont Street New Cumberland, PA 17070 4. The judgment arises out of a residential lease for the premises at 437 Independence Court, Mechanicsburg, PA 17050 5. (a) The amount of the judgment is $ 1,463.49 (b) A security deposit in the amount of $0.00 is being held by the judgment creditor-landlord. The 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 $105.00 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 Magisterial District Judge In an action commenced in the Philadelphia Municipal Court C, 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 recover of possession of real property (Pa. R.C.P.M.D.J. 501 et seq.) before the 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 that 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 t he Defendant appeared or filed papers in the action. I certify that the statements made in this Certification are true and correct. I understand that the false statements herein are made subject to the penalties of 18 Pa C.S.§ 4904 relating to unsworn falsification to authorities. Date ?'a"0 Attorney for Judgment Creditor-Landlord Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 9 ? '8 WV 6-- 93J 6001 3HI JO ? 3-01??O !?-p COMMONWEALTH OF PENNSYLVANIA rnt JNTY nF- CUMBER Mag. Dist. No.: 09-3-04 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rBENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG; PA Telephone: (717 ) 761- 823 0 17050 BEAT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: _ Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) BENT CREEK LIMITED PARTNERSHIP ® Judgment was entered against: (Name) COLE, ANTHONY in the amount of $ IF 463.4 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,352.24 Judgment Costs $ 111.25 - Interest on Judgment $ 00 - Attorney Fees U0 $ Total $ 1,463.49 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR 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. 01/1011©-/ Date I certify that this is a true ©r /Voy ? 7- Date My commission expires first Monday of January, 2010 L VS. DEFENDANT: NAME and ADDRESS rCOLE, ANTHONY 160 LAMONTE STREET C/O WRIGHT EXPRESS SERV. L!W COMBER1J=, PA 17070 Docket No.: CV-0000601-07 Date Filed: 9/12/07 (Date of Judgment) 11/01/07 Magisterial District Judge containing the judgment. , Magisterial District Judge SEAL 7 J 7 I AOPC 315-07 DATE PRINTED: 11/01/07 9:29:00 AN `COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Cumberland Number: 09-3-04 District Justice Name: Hon. THOMAS A. PLACEY Address: 104 S. SPORTING HILL RD. MECHANICSBURG, PA 17050 Telephone: (717)761-8230 AMOUNT FILING COSTS $ t4. D TE PAID POSTAGE $ SERVICE COSTS $ 32. / 1 .*k 161 CONSTABLE ED. $ 510-0 / a Iffl TOTAL s t L 1. S / / a CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS Bent Creek Llmited Partnership 100 Georgetown Road Mech PA 17050 Phone 697-2226 Fax 697-3008 VS. 0EFFNDANT: NAME and ADDRFSS Anthony Cole C/O Wright Express Service CO 160 Lamonte Street New Cumberland, PA 17070 J Docket No.: Cq - b bbb 6b 1 _ bq Date Filed: 64- 11k- abq ?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 $ 1.3522_ together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): For the rental home located at 437 Independence Court, Mechanicsburg, PA 17050: Total Cleaning Charges: $350.00 Unpaid Rent: $1,283.87 (June 2007 $995.00 and July 1st -19th 2007 $288.87) Unpaid Utilities: $45.16 (Utility charge for June 2007 and July 1st -19th 2007) Unpaid NSF Fees: $25.00 (returned check #1004) Eviction/Legal Fees: $109.50 (court costs) Unpaid Pet Rent: $38.71 (pet rent for june 2007 and July 1 "A gth 2007) Less Security Deposit: $500.00 Total Due: $1,352.24 1, +Elaine Marie Beachler for Bent Creek 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 unswom falsification to authorities. ( ignature of Plaintis Attorney: Address: Telephone: ( ) IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. 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 (5) days before the date set for the hearing. 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 308A-03 Triple Crown Corporation DEVELOPERS ¦ BuILDERS ¦ MANAGERS 100 Georgetown Road f?i'?UI?12BXCBljB12C2 112 /"BG?ISt<Gl?? serriCes (717) 697-2226 Mechanicsburg, PA 17050 FAX (717) 697-3008 www.triplecrowncorp.com beachlere@triplecrowncorp.com June 6, 2008 Supreme Court of Pennsylvania Civil Procedural Rules Committee Poverty Income Guidelines for 2008 Pennsylvania Rules of Civil Procedure 3302(b) governs the attachment of wages, salary and commissions under Section 8127 (a)(3.1) of the Judicial code. The rule requires the prothonotary to attach to the Notice to 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." The guidelines for 2008 are set forth in the following chart: 2008 HHS Poverty Income Guidelines Expressed in Monthly Amounts Persons in Family or Household 48 Contiguous States and D.C. 1 $10,400 2 14,000 3 17,600 4 21,200 5 24,800 6 28,400 7 32,000 g 35,600 For each additional person, add 3,600 SHERIFF'S RETURN - REGULAR CASE NO: 2007-07478 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENT CREEK LIMITED PARTNERSHIP VS COLE ANTHONY AMANDA COBAUGH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon COLE ANTHONY the DEFENDANT at 0009:23 HOURS, on the 11th day of February-, 2009 at 711 ROBERT STREET MECHANICSBURG, PA 17055 by handing to VIRGINIA COLE MOTHER OF DEFENDANT a true and attested copy of NOTICE together with NOTICE OF INTENT TO ATTACH WAGES and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 9.00 #t Affidavit 00 0 go Surcharge 10.00 R. ;lTo-mas Kline .00 37.00 02/12/2009 TRIPLE CROWN CORPORATION Sworn and Subscibed to By: *DA(k1l I . before me this day Dep "tySh8riff of , A.D. { IM `; ^ 4y "4. Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Anthony Cole Social Security # 167-56-9310 711 Robert Street Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-07478 Civil Term CIVIL ACTION - LAW PRAECIPE FOR WRIT OF ATTACHMENT I Certify that the above named defendant has not timely filed a claim for exemption of wages for attachment, nor has there been an order of court issued pursuant to Rule 3303(c). I direct the Prothonotary to issue a Writ of Attachment. Defendant's place of employment: Valley Green Transportation, 160 Lamont St. New Cumberland, PA 17070 Respectfully Submitted, 7-17 -o ff Date - -#a rA?" By: Attorney for dgment Creditor-Landlord Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 OF THE TN?TARY 2009 JUL 22 AM 9: 4 2 CUP }: ; (" r tj4Ty p? ?P?'" LuNila Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, Pa. 17112 VS Anthony Cole 711 Robert Street Mechanicsburg, Pa. 17055, Employee TO: Valley Green Transportation 160 Lamont St New Cumberland, Pa. 17070 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 07-7478 -Civil Term RE: Residential Lease between Plaintiff and Defendant WRIT OF ATTACHMENT The above employer shall attach and deduct from the wages of the above employee a sum not to exceed ten (10%) of the net wages per pay period of said employee or a sum not to place employees net income below poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less. "Net wages" shall mean all wages paid, less only the following items: 1. Federal, State and Local income taxes; 2. F.I.C.A. payments and non-voluntary retirement payments; 3. Union dues; and, 4. Health insurance premiums The amount wages to be attached shall total $1,463.49 (plus costs) The employer shall send the attached wages to the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: Bent Creek Limited Partnership within fifteen (15) days from the close of the last pay period in each month. The employer shall be entitled to deduct from the wages collected from the employee pursuant hereto the costs incurred from the extra bookkeeping necessary to implement the terms within the Writ of Attachment, not exceeding $5.00 of the amount of the wages so deducted. If you, the employer, are served with more than one Writ of Attachment for damages arising out of a residential lease against the same employee, then the wage attachments shall be satisfied in the order in which said Writs of Attachment were served. Each prior wage attachment shall be satisfied before any effect is given to a subsequent attachment. You shall not take any adverse action against the employee solely because his wages, salaries or commissions have been attached. Violations may result in (i) you being adjudged in contempt and committed to jail or fined by the court and (ii) an action against you by the employee for damages. Willful failure to comply with this Writ of Attachment may result in (i) you being adjudged in contempt of court and committed to jail or fined by the court; (ii) you being held liable for any amount not withheld, or withheld but not forwarded to the Prothonotary's office; and, (iii) attachment of your funds or property. This Writ of Attachment has been entered pursuant to 42 PA. C.S.A. 8127, as amended by House Bill 908, Act 5 of 1996, effective February 15, 1996. A copy of this Writ of Attachment has been sent by U.S. Mail, postage prepaid, to the employee's last known address at: Anthony Cole 711 Robert Street Mechanicsburg, Pa. 17055 Any questions should be directed to the Plaintiff-Creditor: Mark X DiSanto, Esq. 5351 Jaycee Avenue, Harrisburg, Pa. 17112 717-657-5729 Date: July 22, 2009 6?:2ut C 's R. Lon ro Costs: $88.25 By Deputy: You shall send the following notice to the Prothonotary if the defendant has never been or is on longer an employee on company letterhead: I have received a Writ of Attachment in the following case: Plaintiff v. Defendant No of Year The following person, has never been (_) Or is no longer and employee Date: Signature of Employer Print name of Employer Address Address Telephone # For Prothonotary use only Date: (Sea] of the Court) Curtis R. Long, Prothonotary Deputy