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HomeMy WebLinkAbout04-1986 ,.~ "i"':\.C"-"",":" 09-3-04 flu 0 II' 19ft" CwZi I ~ NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'BENT CREEK LIMITED PARTNERSHIP I 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L ~ :' - COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No DJ Name: Hon :.., THOMAS A. PLACEY Add"" 104 S. SPORTING HILL RD. MECHANICSBURG, PA VS. 17050 DEFENDANT: rTuCKER, LILLIAN 694-A JULIE COURT MECHANICSBURG, PA L Docket No.: CV- 0000033 - 04 Date Filed: 1/23/04 NAME ard ADDRESS ""phoce (717) 761'.8230 I 17055 BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 ~ . nils IS TO NOt'FY YOU THAT: Judgment: 'DEPAULT"JOOGMRNT pLTP :"'- ~ ~ 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 ~? 0 Defendants are-j&Iltly and sev~~ally liable. f (Date & Time) : "':.,...... .- - / - 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 $ /' ~.; 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. :'''' '. 3\18\0<\ Date tJ , 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. \ \ ~ ~ 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 ~ 0 '" 0 f = c:: = ." .e- -..,.J ~ ~ ~!r{_~ 3: 5'! ~ '" ". m:!J "- -< r- 0 ~ ..." 7:'[ I :8l? -c "- ~~' .r:- ..0 Il... r' Qo " ...,., "" '.~ "- :r:jj "- .~ --t., ~ -0 00 ~ ---. :3: "', c f S~~ 6fTl "? ~ <:'- ~ ;g =< 0 .D r 0 -< "'- I.: ~ f ~ {:: , '" "- ~ I, 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." ,.,- ." 1, :: 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 :',,"-- nits IS TO NOTIFY YOU THAT: JudgmeJ1t: "'''' "DRFAULT-JUDGMENT PLTF [iJ [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 $ :.~. 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: J II () .-., 0 CO? rO.' C::3 -n <Of' ,- ::? c r;1~ f'.' C\j ,-. CO ('y -0 :~~ -- , (') rA. > ,--.) :~:l ~1?- =-4 0 ~D -<- W ....( 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 I ,^Ir,~,.", ~. ,." ....-"'n" J\J.ni ;IJ' ' ' """':r,'~J v 2 I : II HV ZZ Nor sooz J., "(" "'I' ",' , "11.,1 '0 ~,'" "',: "1" ":J'" - , ,W..l.,.....1I h~l _"v. '-"..J ... :J8i:Jj,:}.rJ:ll!:I