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HomeMy WebLinkAbout08-3221COMMONWEALTH OF PENNSYLVANIA C:C)I INTY nF• CUMBBRIJLND Mag. Dist. No.'. 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Add'- 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 BENT CRESS LIMITED PARTNERSHIP 5351 JAYCEE AVMM HARRISBURG, PA 17112 6;- 3.? ar C? ? Tom. NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS (DENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L VS. DEFENDANT: NAME and ADDRESS I-STACY REED C/O JOHN GROSS A CO. 30S CHERYL AVENUE MECHANICSBURG, PA 17055 L Docket No.: CV-0000090-08 Date Filed: 1/31/08 a: THIS IS TO NOTIFY YOU THAT: 3/06/08 DEFAULT JODGI(Stl1T PLTF Date of Judgment Judgment: ( ) ® Judgment was entered for: (Name) BENT CREEK LIMITED PARTNERSHIP ® Judgment was entered against: (Name) STACY REED C/O JOHN GROSS & CO. in the amount of $ 2.644.3 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 $ 2,525.83 Judgment Costs $ 118.50 Interest on Judgment $ - 06 Attorney Fees $ Total $ 2,644.33 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 JUDGMENTITRANSCRIPT 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 PROCESSNUST 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. (Ito /I/f k (/7F Date Magisterial District Judge own NM- 69d.-== I I certyif,,y? that this is a true a cor ngs containing the judgment. !?! D? Date Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 DATE PRINTED: 3/06/08 9:45:00 AN 7 I J ev c 4 Co ?p Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 08-3221 Civil Term Stacy Reed 48 East Main Street Mechanicsburg, PA 17055 CIVIL ACTION - LAW Defendant Praecive for Notice of Intent to Attach Wages To the Prothonotary: Issue a Notice of Intent to Attach Wages in the above matter (1) Against Stacy Reed , Defendant (2) Against John Gross & Co, Employer of the Defendant. Date G - °y --Q;qt( LAIi 4 ".- Afor Ju gment Creditor-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 Plaintiffjudgment-creditor is Bent Creek Limited Partnership 5351 Jaycee Ave. Harrisburg, PA 17112 2. The Defendant judgment-debtor is Stacy Reed 48 East Main Street Mechanicsburg, PA 17055 3 The Employer Garnishee is John Gross & Co. 308 Cheryl Avenue Mechanicsburg, PA 17055 4. The judgment arises out of a residential lease for the premises at 610 Heritage Court Mechanicsburg, PA 17050 5. (a) The amount of the judgment is 2,644.3 3 (b) A security deposit in the amount of 500.00 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 L O.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 11 (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 & 5 -dw? Attorney for Judgment Creditor-Landlord Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 100 Georgetown Road Mechanicsburg, PA 17050 www.triplecrowncorp.com May 8, 2008 Triple Crown Corporation DEVELOPERS ¦ BuILDERS ¦ MANAGERS ?rv?r?ex?j?ttce vc real es?g?e .?er?ice? be Supreme Court of Pennsylvania (717) 697-2226 FAX (717) 697-3008 achlere @triplecrowncorp.com 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 COMMONWEALTH OF PENNSYLVANIA (-ni INTY (-)F CUMB Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING -HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17 0 5 0 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rBENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L VS. DEFENDANT: NAME and ADDRESS rSTACY REED C/O JOHN GROSS & CO. 308 CHERYL AVENUE MECHANICSBURG, PA 17055 L BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE Docket No CV-0000090-08 HARRISBURG, PA 17112 Date Filed: 1/31/08 THIS IS TO NOTIFY YOU THAT: ` rv i - Judgment: DEFAULT JUDG 3MT PLTF (Date of Judgment) 3/ 1OS rv ® Judgment was entered for: (Name) 71 Judgment was entered against: (Name; in the amount of $ 2,644.3 F1 Defendants are jointly and severally liable. Damages will be assessed on Date & Time F ]This case dismissed without prejudice. Amount of Judgment Judgment Costs interest on Judgment Attorney Fees Total $ 2,525.83 $ 118.50 $ .00 $ .1010 $ 2,644.331 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ I Certified Judgment Total $ 1 J I 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.F,URTHER 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 II certify , that this is a true m MO db Date BENT CREEK LIMITED PA] STACY REED C/O JOHN GROSS A CO--4 r-n J r Magisterial District Judge containing the judgment. , Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 Q /nc /nQ o.A=.nn aM COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBZRLAND Mag. Dist. No.: MDJ Name: Hon. 09-3-04 THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717) 761-8230 17050 5351 JAYCEE AVENUE Docket No.: CV-0000090-08 HARRISBURG, PA 17112 Date Filed: 1/31/08 rna?? 4i?- 1-l.os5 CIVIL ACTION PLAINTIFF: HEARING NOTICE NAME and ADDRESS rBENT CREEK LIMITED PARTNERSHIP 7 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L vs. J DEFENDANT: NAME and ADDRESS rSTACY REED C/O JOHN GROSS A CO. 308 CHERYL AVENUE iIECHANICSBURG, PA 17055 BE11T CREEK LIMITED PARTNERSHIP L A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for: Date: 3/06/08 Place: DISTRICT COURT 09-3-04 104 S SPORTING HILL RD Time: 8:45 AM MECHANICSBURG, PA 17050 1 1. 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. 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(8)(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. J AOPC 3086-05 DATE PRINTED: 1/31/08 .3:36:23 PM 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 AMOUNT FILING COSTS $ R-01 50 DATE PAID 01 /3c /Oep POSTAGE $ SERVICE COSTS $ Q.dd ( /at /000 CONSTABLE ED. $ 6.00 01/ W / 61% TOTAL $ ( , S 0(/ /IDCIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS Bent Creek Llmited Partnership 5351 Jaycee Ave. Harrisburg PA 17112 Phone 920-8957 Fax 657-8125 VS. DEFENDANT: NAME and ADDRESS - F Stacy Reed C/O John Gross & Co. 308 Cheryl Avenue Mechanicsburg, PA 17055 J DocketNo.: Cv,.,00006QOA Date Filed: - , 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 S 2.525.83 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): For Rental home located at 610 Heritage Court Mech PA 17050 Home Cleaning $150.00 Home Damages $475.00 .Unpaid rent, utilities and fees for September and October 2007 $2,050.83 Administrative fee $350,00 Total Due after SECD has been applied $2,525.83 I, 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 unsworn falsification to authorities. - (Signature of Plaintiff or Autlxxtzed Agent) 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. 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 308A-03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CMMZRLAW Mag. Dist. No.: 09-3-04 MDJ Name: Hon. Taco" A. PLACEy Address: 104 S SPORTIM SILL RD NRCRANICODURG, PA Telephone: (717 ) 761-8230 17050 RMITTER TRIPLE CROWN CORPORATION 5351 JAYCM AVE. HARRISBURG, PA 17112 RECEIPT OF PAYMENT AA ? Docket No.: CV-0000090-08 Date Filed: 1/31/08 RECEIPT NO: 119351 DATE: 1/31/08 PAGE: 1 SOURCE: PAID AT NINDON AMOUNT RECEIVED: $ 118.50 METHOD: PAID By Call= AMOUNT APPLIED: $ 118.50 CHECK#: 34393 COLLATERAL APPLIED: $ .00 CHANGE: $ .00 MANUAL RECEIPT#: CITATIONC NEXT PAYMENT AMOUNT: COSTS INCLUDED ON: NEXT PAYMENT DATE: NEXT PMT TYPE: PAYJMT D=BCRIPTION JUDICIAL COMPUTER PROJECT ACCESS TO JUSTICE CONSTABLE EDUC & TRAINING COMMONWEALTH COST- HB627 FILING FEES COMM-COST FILING FEES 21-CTY SERVER FEES TOTAL ESCRON DESCRIPTION SERVER FEES ESCROW TOTAL CURRENT BALANCE DUE BALANCE PWD ANT APPLIED CU RRENT BAIL 8.00 8.00- .00 2.00 2.00- .00 5.00 5.00- .00 29.40 29.40- .00 14.70 14.70- .00 29.40 29.40- .00 30.00 30.00- .00 118.50 118.50- .00 SALJINCE FWD AXT APPLIED CURRENT BAL .00 30.00- 30.00- .00 30.00- 30.00- .00 RECVD FROM TRIPLE CROWN CORPORATION THANK YOU! FOR STACEY REED C/O JOHN GROSS & CO. DATE PRINTED: 1/31/08 3s32s37 PM AOPC 450-99 .,Q J +b+- ?t f'?? .. ?, ..,E CASE NO: 2008-03221 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENT CREEK LIMITED PARTNERSHIP VS REED STACY STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTC INT ATTACH WAGES was served upon REED STACY the DEFENDANT at 1450:00 HOURS, on the 2nd day of July , 2008 at JOHN GROSS & CO 308 CHERYL AVENUE MECHANICSBURG, PA 17055 STACY REED by handing to a true and attested copy of NOTC INT ATTACH WAGES together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge ,71:/o P e?--- 18.00 10.00 .42 10.00 .00 38.42 Sworn and Subscibed to before me this So Answers: R. Thomas Kline 07/09/2008 TRIPLE CROWN CORP By: Deputy Sheriff of A. D. Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Stacy Reed Social Security #196-68-9053 48 East Main Street Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3221 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, _ 'g' Date By: Attorney for Judgment Creditor-Landlord Mark X. DiSanto PA Bar #151090 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 Fri Fl- --+ Fr. I } ' 7 . v 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 $2,644.33 (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: Stacy Reed 48 East Main Street Mechanicsburg, Pa. 17055 Any questions should be directed to the Plaintiff-Creditor: Mark X Di Santo Esq 5351 Jaycee Avenue, Harrisb , Pa. 7112 ( ) 657-5729 Date: 10/02/08 Curti . Long, Pro tary Costs: $51.25 By Deputy: Bent Creek Limited Partnership VS Stacy Reed, Employee TO: John Gross & Co 308 Cheryl Avenue Mechanicsburg, Pa. 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 08-3221 -Civil Term RE: Residential Lease between Plaintiff and Defendant t1% 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 The following person, Or is no longer and employee (__) Date: v. Defendant has never been (__) Signature of Employer Print name of Employer Address Address Telephone # For Prothonotary use only Date: of Year Curtis R. Long, Prothonotary Deputy (Seal of the Court)