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Home My WebLink About08-2307COMMONWEALTH OF PENNSYLVANIA (-01INTY C)F• CUMBERLAND 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 NOTICE OF JUDGMENT/TRANSCRIP T CIVIL CASE PLAINTIFF: NAME and ADDRESS F BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS rSMITH TINA , 307 HEMLOCK ROAD MECHANICSBURG, PA 17055 L J Docket No.: CV-0000581-07 Date Filed: 8/28/07 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT _JUDGMENT PLTF (Date of Judgment) ® Judgment was entered for: (Name) ® Judgment was entered against: (Name; in the amount of $ 4,686.3 Defendants are jointly and severally liable. F1 Damages will be assessed on Date & Time F] 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 Judgment Costs Interest on Judgment Attorney Fees Total $ 4,533.85 $_ 152.50 $ .00 $ $ 4,686.35 Certified Judgment Total $ ANY PART',' 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE _ ,...JUDGMENT LIOLDER.ELECTS-TO EATER TWEJU=MENT-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. L/'7 Cr4 (J :/ Date I certify !hat this is a true ate D My commission expires first Monday of January, 2010 10/04/07 BENT CREEK LIMITED PARTNERSHIP SMITH, TINA Magisterial District Judge ings containing the judgment. Magisterial District Judge SEAL AOPC 31.)-07 DATE PRINTED: 10/04/07 10:39:00 AM .. m ° ELI ?,> u l_ Lrl i? /t Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 08-2307 Civil Term Tina Smith 307 Hemlock Road Mechanicsburg, PA 17055 CIVIL ACTION - LAW Defendant Praecipe for Notice of Intent to Attach Waues To the Prothonotary: Issue a Notice of Intent to Attach Wages in the above matter (1) Against Tina Smith, Defendant (2) Against McDonalds, Employer of the Defendant. Date Olt ynal Attorney for Jud ent reditor-Landlord Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 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 Tina Smith 307 Hemlock Road Mechanicsburg, PA 17055 3 The Employer Garnishee is McDonalds 2112 Bumble Bee Hollow Road Mechanicsburg, PA 17055 4. The judgment arises out of a residential lease for the premises at 813 Highland Court Mechanicsburg, PA 17050 5. (a) The amount of the judgment is 4,586.35 (b) A security deposit in the amount of 1,000.00 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 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 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 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.I l l (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 Attorney for Judgment Creditor-Landlord Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 Triple Crown Corporation a& DEVELOPERS ¦ BUILDERS ¦ MANAGERS 100 Georgetown Road rdVf?'exI81 !Lt 1BGtBS?GfB S'BI'I?IC?'.r (717) 697-2226 Mechanicsburg, PA 17050 FAX (717) 697-3008 www.triplecrowncorp.com beachiere@t6plecrowncorp.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 $10,400 2 14,000 3 17,600 4 21,200 5 24,800 6 28,400 7 32,000 8 35,600 For each additional person, add 3,600 t COMMONWEALTH OF PENNSYLVANIA COUNTY OF:: CUMBERLAND Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACBY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (7 17 ) 761-8230 17050 BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FBENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS rSMITH, TINA 307 HEMLOCK ROAD MECBANICSBURG, PA 17055 L J Docket No.: CV-0000581-07 Date Filed: 8/28/07 N THIS IS TO NOTIFY YOU THAT: °o D$FAQLT:..JUD.GM'I_.PLTF„ -(Date of Judgment) 1 +-/ - ® Judgment was entered for: (Name! BENT CREEK LIMITED PARTNER P , ® Judgment was entered against: (Name in the amount of $ 4,686.3 SMITH, TINA Amount of Judgmen'C Defendants are jointly and severally liable. Judgment Costs Damages will be assessed on Date & Time Interest on Judgment Attorney Fees This case dismissed without prejudice. Total 4 4-333.85 52.50 $ .0 $ 00 $ 4,686.35 F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post Judgment Credits $ $ Post Judgment Costs $ Portion of Judgment for physical damages arising out of residential lease $ 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/rRANSCRIPT FORM. WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE ...:,-.. JLtOGMEMT HOLDERX.LEC.TS-TQ-E.UTF.R TKE.JUDGMENTANTHEE.COURTT OF. COMMON PLEAS,. ALL.FURTHEFLPROCESS.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. v1lo 01 Date _ I certify that this is a true Q Date My commission expires first Monday of January, 2010 * Magisterial District Judge edings containing the judgment. Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 10/04/07 10:39:00 AM COMMONWEALTH OF PENNSYLVANIA r1I IIUTv r)p. CUMBERLAND Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL SD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 BENT CREEL LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 CIVIL ACTION PLAINTIFF: HEARING NOTICE NAME and ADDRESS rBBBT CRXZK LIMITED PARTNERSHIP 100 GEOftGBTOi1N ROAD MECHANICSBURG, PA 17050 L vs. DEFENDANT: NAME and ADDRESS rSMITH, TINA 2112 BUNGLE BEE ROAD C/O. MCDONALDS LI13CHANICSBORG, PA 17055 Docket No.: CV-0000581-07 Date Filed: 8/28/07 A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for: Date: 10/04/07 Place: DISTRICT COURT 09-3-04 104 S SPORTING HILL RD Time: 8:45 AM MECHANIC$BORG, PA 17050 717-761-8230 NOTICE TO DEFENDANT If you intend to enter a defense to this complaint, you should so notify this office immediately at the above telephone number. J J 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 magisterial district judge 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. Pursuant to Pa.R.C.P.D.J. No. 342(6)(2), no claim by the defendant will be permitted in a supplementary action filed for failure of judgment creditor to enter satisfaction. NOTICE TO PLAINTIFF Pursuant to Pa.R.C.P.D.J. No. 318, you or your attorney will be notified if the defendant gives notice of his/her intention to defend. 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 3088-05 DATE PRINTZDs 8/28/07 2:38:53 PM ,'I- r COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Cumberland 09-3-04 District Justice Name: Hon. THOMAS A. PLACEY Address: 104 S. SPORTING HILL RD. MECHANICSBURG, PA 17050 Telephone: (717)761-8230 AMO NT $ATE AlD FILING COSTS $ .5o b / /01 POSTAGE $ SERVICE COSTS $ CONSTABLE ED. $pD I.Z, l07 TOTAL $ I S?.Sa / a / 0? CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS F- Bent Creek Limited Partnership 100 Georgetown Road Mech PA 17050 Phone 697-2226 Fax 697-3008 VS. DEFEN DANT: NAME and ADDRESS F- Tina Smith C/O McDonalds 2112 Bumble Bee Road I Mechanicsburg, PA 17055 _J Docket No.: nil l Date Filed: "QC WJv Me* 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 $ 4.533.85 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): For the rental home located at 813 Highland Court, Mechanicsburg, PA 17050: Total Cleaning Charges: $250.00 Total Damages: $1,050.00 Unpaid Rent: $2,090.00 (May and June 2007 Rent $1,015.00/mon.; May and June 2007 pet rent $30.00/mon.) Unpaid Utilities: $200.00 (May and June 2007 $35.00/mon.; NSF late fee $130.00) Unpaid Late Charges$365.35 (Late fee May 2007 $97.50, Late fee June 2007 $267.85) Unpaid NSF Fees: $1,325.00 (NSF Check #152 $1,300.00:NSF Charge $25.00) Eviction and Legal Expenses: $233.50 (Court costs May 2007, eviction filing and constable fee) Other: $20.00 (Certified mail for NSF check) Less Security Deposit: $1000.00 Total Due: $4,533.85 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 S on 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. (Signature of Plaintiff or Authorized Agent) Plaintiffs 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. AOPC 308A-03 I 'COMMONWEALTH OF PENNSYLVANIA rnl INTY nF• CUNBERLMM Mag. Dist. No.: 09-3-04 MDJ Name: Hon. TZCWIAS A. PLACEY Address: 104 S SPORTING HILL RD NZCgANICSBURG, PA Telephone: (717 ) 761-8230 17050 REf1ftITTER TRIPLE CROW CORPORATION, INC. 5351 JAYCEE AVE. HARRISBURG, PA 17112 RECEIPT OF PAYMENT Docket No.: CV-0000581-07 Date Filed: 8/28/07 RECEIPT NO: 115951 DATE: 8/28/07 PAGE: 1 SOURCE: PAID BY NAIL AMOUNT RECEIVED: $ 152.50 METHOD: PAID BY CHECK AMOUNT APPLIED: $ 152.50 CHECK#: 32531 COLLATERAL APPLIED: $ .00 CHANGE: $ .00 MANUAL RECEIPT#: CITATION#: NEXT PAYMENT AMOUNT: COSTS INCLUDED ON: NEXT PAYMENT DATE: NEXT PMT TYPE: PAYMENT DESCRIPTION JUDICIAL COMPUTER PROJECT ACCESS TO JUSTICE CONSTABLE EDUC & TRAINING COMMONWEALTH COST- HB627 FILING FEES 21-CTY SERVER FEES TOTAL ESCROW DESCRIPTION SERVER FEES ESCROW TOTAL BALANCE FWD ANT APPLIED CU RRENT BAL 8.00 8.00- .00 2.00 2.00- .00 5.00 5.00- .00 71.65 71.65- .00 35.85 35.85- .00 30.00 30.00- .00 152.50 152.50- .00 CE Pw ANT APPLIED C URRENT DAL .00 30.00- 30.00- .00 30.00- 30.00- CURRENT BALANCE DUE .00 RECVD FROM TRIPLE CROWN CORPORATION, INC. THANK YOU! FOR TINA SMITH DATE PRINTED: 8/28/07 2:28:17 PN AOPC 450-99 -t? * % O i!- r r o c_ o ..? 41 P - 4,w J Z SHERIFF'S RETURN - REGULAR CASE NO: 2008-02307 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENT CREEK LIMITED PARTNERSHIP VS SMITH TINA MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTC INT ATTACH WAGES SMITH TINA DEFENDANT was served upon the at 0014:53 HOURS, on the 9th day of July , 2008 at 2150 LONGS GAP ROAD CARLISLE, PA 17013 by handing to SCOTT SMITH FATHER OF DEFENDANT a true and attested copy of NOTC INT ATTACH WAGES together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.00 Affidavit .00 Surcharge 10.00 Postage '?1/5J0 Q C? - 42 44*42 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/10/2008 TRIPLE CROWN CORP By: D putt' Sheriff of A. D. Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Tina Smith Social Security #165-62-3518 307 Hemlock Road Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2307 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. Respectfully Submitted, Date By: Attorney fo udgment Creditor-Landlord Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 g" " - i C sT'7st r# F >r : C V- t -. Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION Tina Smith, No. 08-2307 -Civil Term Employee TO: McDonalds 2112 Bumble Bee Hollow Road Mechanicsburg, Pa. 17055 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 $4,686.35 (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 Partnershp 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: Tina Smith 307 Hemlock Rd Mechanicsburg, Pa. 17055 Any questions should be directed to the Plaintiff-Creditor: Mark X Di Santo Esq 5351 Jaycee Avenue, Harr' urg, a. l 11 717) 657-5729 Date: 10-01-08 Cuxs R. Long, grJffo_notf Costs: $51.25 By Deputy: ,r r -y 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 No of Year The following person, v. Defendant has never been (___) Or is no longer and employee (_) Signature of Employer Print name of Employer Address Address Telephone # For Prothonotary use only Date: Curtis R. Long, Prothonotary Deputy (Seal of the Court)