HomeMy WebLinkAbout04-1986
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NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
'BENT CREEK LIMITED PARTNERSHIP I
5351 JAYCEE AVENUE
HARRISBURG, PA 17112
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No
DJ Name: Hon
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THOMAS A. PLACEY
Add"" 104 S. SPORTING HILL RD.
MECHANICSBURG, PA
VS.
17050
DEFENDANT:
rTuCKER, LILLIAN
694-A JULIE COURT
MECHANICSBURG, PA
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Docket No.: CV- 0000033 - 04
Date Filed: 1/23/04
NAME ard ADDRESS
""phoce (717) 761'.8230
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17055
BENT CREEK LIMITED PARTNERSHIP
5351 JAYCEE AVENUE
HARRISBURG, PA 17112
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nils IS TO NOt'FY YOU THAT:
Judgment:
'DEPAULT"JOOGMRNT pLTP
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Judgment was entered for:
(Name)
RRN'I' l".RRRK T.TMT'I'Rn PlIR'l'NRRRHTP
Judgment was entered against: (Name)
TUCKRR, T.TT.T.TlIN
in the amount of $ 1,01A.1O on: (Date of Judgment) 1/1A/04
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0 Defendants are-j&Iltly and sev~~ally liable. f (Date & Time)
:
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0 Damages will be"'.assessed on: , Amount of Judgment $ 930.80
.".
-;'" / Judgment Costs $ 87.50
,',..-.....
.J .' , Interest on Judgment $ .00
0 This case dismiSsed without pr.ejudice. / I
Attorney Fees $ .00
I I Total $ 1,018.30
, --
I _
0 Amount of JUd9~t Subject to /' I
Attachment/42 . .C.S. 9 8127 $ Post Judgment Credits $
, Post Judgment Costs $
o Portion of Judgment for physical ,
------------
damages arising~ut of residential ~ ------------
lease $ Certified Judgment Total $
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ANY PARTY HAS THE fliGHT TO APPEAL WITHIN.30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
-' ,. ,'-" .... . ,"- ....,--".~ .".........."...'. "",e- ,'<,.,. f- -.., ., ."- ." ..- ,... -., . '. -- . .... ,-.. ..,.... .... .,.,. .... - _.~. .....~
OF APPEAL WITH 'TI-tE,~THONOTARY/CLERK Of T~E COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST tNCLUDE A COPY ClJ"THIS NOTICE OF JUDGMENT/TRANSCF IPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PRCCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
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3\18\0<\
Date
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, District Justice
I certify that this is a true a correct r"P'f vi,,, '''L,u,d 6f l-h".D oceedings containing the judgment.
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3 \'0 at.\' Date - , District Justice
My commission expires first Monday of January, 2010 SEAL
AOPC 315-03
DATE PRINTED:
3/18/04
10:19:51 AM
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David J. Lanza
LD. No. 55782
2157 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
Attorney for Plaintiff
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-1986
BENT CREEK LIMITED PARTNERSHIP,
v.
LILLIAN TUCKER,
Defendant
PETITION FOR A RULE TO SHOW CAUSE WHY AN ORDER
GRANTING WAGE ATTACHMENT SHOULD NOT ISSUE
AND NOW, comes the Plaintiff, Bent Creek Limited Partnership, by and through its attorney, David J.
Lanza, and hereby moves this Honorable Court to issue a Rule to Show Cause as to why relief in the instant
Petition should not be granted upon the Defendant, Lillian Tucker, and the Defendant's employer, EDS
(Electronic Data Systems), located at EDS, 225 Grandview Ave, Camp Hill, PA 17011, and in support
thereof avers as follows:
1. This matter arises out of a dispute concerning a Residential Lease.
2. Judgment was entered against the Defendant by District Justice Placey, Magisterial District 9-
3-04, on March 18, 2004 in the amount of $1,018.30. A copy of the District Justice judgment is attached
hereto as Exhibit "A."
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3. Judgment was filed in this Court on March 18, 2004, to the above captioned term and
number.
4. Defendant is currently employed at EDS. (Electronic Data Systems), located at EDS, 225
Grandview Ave, Camp Hill, PA 17011.
5. Pursuant to 42 Pa. C.SA ~8127, Plaintiff is entitled to garnish 10% of the net wages per pay
period of the Defendant, the judgment debtor-tenant.
6. Plaintiff requests that this Court issue an order attaching the wages of the Defendant to
satisfy the judgment, as permitted by 42 Pa. C.SA ~8127.
7. A copy of the proposed Rule to Show Cause is attached hereto as Exhibit "S" and the
proposed attachment Order is attached as Exhibit "C".
Wherefore, Plaintiff requests that this Honorable Court issue the proposed rule to show cause
against the Defendant, Lillian Tucker, and the Defendant's employer, EDS (Electronic Data Systems),
located at EDS, 225 Grandview Ave, Camp Hill, PA 17011.
Respectfully submitted,
..~
DavJJ. Lanza
Attorney I.D. No. 55782
2157 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
Attorney for Plaintiff
:19-8
VERIFICA TION
I, DA VID J. LANZA, verify that the statements made in this Petition constitute legal conclusions and
matters of record. The statements made herein are true and correct to the best of my knowledge, information
and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A
~904, relating to unswom falsification to authorities.
Date:
j~ tl, lo,r
By:
521 I j
David J. Lanza, attorney for Plaintiff
-,'I
-
CERTIFICA TE OF SERVICE
AND NOIIY, this lit"'-. day of June 2005, the undersigned does hereby certify that he did, on this date,
serve a true and correct copy of this Motion upon Defendant by regular mail to the below address.
Lillian Tucker
EDS
225 Grandview Ave.
Camp Hill, PA 17011
By:
~
David J. Lanza
I
.j"
80MMONWEAL TH OF PENNSYLVANIA
COUNTY OF' CUMBERLAND
~....' .
Address
THOMAS A. PLACEY
104 S. SPORTING HILL
MECHANICSBURG, PA
RD.
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
'BENT CREEK LIMITED PARTNERSHIP
5351 JAYCEE AVENUE
HARRISBURG, PA 17112
L ~
Mag. Dis\. No
09-3-04
DJ Name: Hon
;~
VS.
17050
DEFENDANT:
ITuCKER, LILLIAN
694-A JULIE COURT
MECHANICSBURG, PA
L
Docket No.: CV-0000033-04
Date Filed: 1/23/04
NAME and ADDRESS
. .
T",phooo (717} 761-8230
I
17055
~
-
BENT CREEK LIMITED PARTNERSHIP
5351 JAYCEE AVENUE
HARRISBURG, PA 17112
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nits IS TO NOTIFY YOU THAT:
JudgmeJ1t: "''''
"DRFAULT-JUDGMENT PLTF
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[iJ
Judgment was entered for:
(Name)
'RRN'I' CRRRTC r.TMT'I'RTl Pl>.R'MJRR!'lH'TP
Judgment was entered against: (Name)
TTTCTCRR. I.n.T.:rAN
in the amount of $
1 ,01 A ":\0 on:
(Date of Judgment)
":\ /1 R /04
. .
':po
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time)
O Amount of Judgment Subject to
Attachmentl42 Pa.C.S. S 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
Amount of Judgment $ 930.80
Judgment Costs $ 87.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 1.018.30
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
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ANY PARTY HAS THE RIGHT TO APPEAL WITHIN.3D DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
. - -- - .. - "",' .." .. -" .. ,',.. " ~ .. -- ,', --.'-'-,- -r'-"'" 'f"" -' ,- ,~- , .. ..," , ' -- -.. '.-.. -,,' -.. ,- .. .... _.. ~... ~ - '.
OF APPEAL WITH THE PROTHONOTARY/CLERK Of T8E 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 DISTRICT JUSTICES, 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 MAYBE ISSUED BY THE DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REOUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
~
I certify that this is a true a ti carre
3 \ \<(:, \ D<t Date
, District Justice
..
~Date
oceedings containing the judgment.
, District Justice
My commission expires first Monday of January, 2010 .
SEAL
Aope 315-03
DATE PRINTED:
3/18/04
10:19:51 AM
-
David J. Lanza
I.D. No. 55782
2157 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
Attorney for Plaintiff
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-1986
BENT CREEK LIMITED PARTNERSHIP,
v.
LILLIAN TUCKER,
Defendant
.
RULE TO SHOW CAUSE
AND NOW, this _ day of June 2005, upon consideration of the foregoing Petition For a Rule to
Show Cause Why an Order Granting Wage Attachment Should Not Issue, it is hereby Ordered and Decreed
as follows' "
1. A Rule is issued upon the Defendant, Lillian Tucker, and the Defendant's employer, EDS
(Electronic Data Systems), located at EDS, 225 Grandview Ave, Camp Hill, PA 17011 to show cause why
the Petitioner is not entitled to the relief requested.
2. The Defendant shall file an answer to the Petition within _ days of service by regular mail.
3. Notice of entry of this Order shall be provided to all parties and to the current employer of the
Defendant, EDS (Electronic Data Systems),)ocated.at, E:OS, 225 Grandview Ave, Camp Hill, PA 17011.
- .
By the Court:
J.
David J. Lanza
J.D. No. 55782
2157 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
Attorney for Plaintiff
BENT CREEK LIMITED PARTNERSHIP,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 04-1986
v.
LILLIAN TUCKER,
Defendant
ATTACHMENT ORDER
AND NOW, this _ day of _ 2005, upon consideration of the foregoing Petition For a Rule to
Show Cause Why an Order Granting Wage Attachment Should Not Issue. no response being filed by the
Defendant, Lillian Tucker, it is hereby ORDERED and DECREED as follows: ,.
1. The Defendant's current employer, EDS, located at located at EDS, 225 Grandview
Ave, Camp Hill, PA 17011, and all subsequent employers of the Defendant are hereby ORDERED to
garnish the wages of the Defendant in the amount of 10% of his net wages per pay period until the judgment
in this matter is marked satisfied.
2. The Defendant's current employer, EDS, and all subsequent employers of the Defendant are
hereby ORDERED to send checks, for each pay period of the Defendant, in the amount specified in
paragraph 1 above, and made payable to Plaintiff, to the Office of the Prothonotary who will then record the
amount paid in the docket of this matter and then forward the checks to Plaintiff, Bent Creek Limited
Partnership, c/o Elaine Beachler, Property Manager, 100 Georgetown Road Mechanicsburg, PA 17050..
By the Court:
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David J. Lanza
l.D. No. 55782
2157 Market Street
Camp Hill, Pennsylvania 17011
(717) 730-3775
Attorney for Plaintiff
RECEIVED JUN 21 2005f
BENT CREEK LIMITED PARTNERSHIP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-1986
v.
LILLIAN TUCKER,
Defendant
RULE TO SHOW CAUSE
AND NOW, this 1-") day of June 2005, upon consideration of the foregoing Petition For a Rule to
Show Cause Why an Order Granting Wage Attachment Should Not Issue, it is hereby Ordered and Decreed
as follows:
1. A Rule is issued upon the Defendant, Lillian Tucker, and the Defendant's employer, EDS
(Electronic Data Systems), located at EDS, 225 Grandview Ave, Camp Hill, PA 17011 to show cause why
the Petitioner is not entitled to the relief requested.
2. The Defendant shall file an answer to the Petition within z c> days of service by regular mail.
3. Notice of entry of this Order shall be provided to ~III parties and to the current employer of the
Defendant, EDS (Electronic Data Systems),;located:~.EOS. ;225 Grandview Ave, Camp Hill, PA 17011.
- .
By the Court:
. AJ.
J.
Vir-. \jAl.\S:;\:,~"~'~jd
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