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Home My WebLink About04-2527 l'avid J. Lanza I.D.No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 Attorney for Plaintiff SCOTT GARDNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.DLJ-~S:J.7 r:'ulL ~~ CIVIL ACTION - LAW v. JOHN KLUCKER Defendants PRAECIPE TO ENTER JUDGMENT To the Prothonotary: Please enter judgment on behalf of Plaintiff and against Defendant in the amount of $3,180.50, plus costs and interest from February 23, 2004. Respectfully submitted, LIt David J. Lanza Attorney LD. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff 19-3-09 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF: RESIDENTI~h,E':;~~~s~ 'GARDNER, SCOTT I PO BOX 181 CAMP HILL, PA 17001 L ~ VS. .(::OMMONWEALTH OF PENNSYLVANIA CqUNTY OF: YORK Mag. Dist. No.: OJ Name: Hon. SCOTT J. GROSS Add.." 686 YORKTOWNE ROAD OFF OF EXIT 35, 1-83 LEWISBERRY, PA T,lepho", (717) 938-2523 17339 DEFENDANT: NAME and ADDRESS 'KLUCKER, JOHN, ET AL. 3543 SIMPSON FERRY ROAD CAMP HILL, PA 17011 L I SCOTT GARDNER PO BOX 181 CAMP HILL, PA 17001 Docket No.: LT- 0000748 - 03 Date Filed: 12/22/03 ~ - , T..t1S IS TO NO-?!FY YOU THAT: Judgment: FOR PT.l>.INTIFF [!] Judgment was entered for: (Name) GARDNER, SCOTT r:::l Judgment was entered against KLUCKER, JOHN lXJ LandlordlTenant action in the amount of $ 3,180.50 on 1/14/04 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ 550.00 . Total Amount Estabiished b'L OJ OLess . Security Deposit ApQIi<ld _ = Adjudicated AmouDb Rent In Arrears $ 875. 0 - $ . '00 - $ 875.0 Physical Damages Leasehold Properly $ 2,172.00 -$ .00 = $ 2,172.00 Damages/Unjust Detention $ .00 - $ .00 = $ .00 Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ .00 UT Judgment Amount $ 3 , 047 . 00 Judgment Costs $ 133.50 Attorney Fees $ . 00 Total Judgment $ 3,180.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ o Possession granted if money judgment is not satlsllecl by time ot eVictIOn. ~ Possession not granted. 0 Defendants are jointly and severally iiable. in a . (Date of Judgment) 550.00. o o o AttaChment Prohibited/ 42 Pa.C.S. ~ 8127 This case dismissed wifhout prejudice. Possession granted. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHI~ TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPE 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 MUS,. COME FROM ,.HE COUR,. OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMEN,.IS EN,.ERED IN ,.HE COUR,. OF COMMON PLEAS, ANYONE IN,.ERES,.ED IN THE JUDGMEN,. MAY FILE A REQUES,. FOR ENTRY OF SATlSFAC,.ION WIIH ,.HE DIS,.RIC,. JUS,.ICE IF THE JUDGMEN,. DEB,.OR PAYS IN FULL, SElTLES, OR O,.HERWISE COMPLIES WIIH ,.HE JUDGMENT. ..... , > , , .. ' District Justice r edings containing the judgment. I ~ _' District Justice SEAL t ~ (.J ~ 'it.. f\ ~ - '#. ~ F " (" ~ ~ -./ ~~~ ~ !t ~t (2 ~ ~ c;:) .r' '-- '.'" <",.. 1 ---, ..L-"" !;:~ Gl 1"-' ('-V - r 1- Jr pi ./ ~ ~ :r-. . "'"' Office of the flrotnonotary York County AFFIDAVIT OF NO APPEAL Scott Gardner, PlaintilT Vs John Klucker, IkICndanl DISTRICT JUSTICE DOCKET NO. LT - 748-03 AND NOW, as 01' 5/2~~()O"', 110 District Justice Appeal has been lilcJ in the Court of Common Picas 01' I York. ('ounty in the abo\e captioned maller. (SEAL) Prothonotary //111 By Deputy 1. "David J. Lanza LD. No. 55782 2157 Market Street Camp Hill, Pennsylvania 170 II (717) 730-3775 Attorney for Plaintiff SCOTT GARDNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-2527 Civil Term v. JOHN KLUCKER, Defendant PETITION FOR WAGE ATTACHMENT AND NOW, comes the Plaintiff, Scott Gardner, by and through his attorney, David J. Lanza, and hereby petitions this Honorable Court to issue a Rule to Show Cause upon the Defendant, John Klucker, and in support thereof avers as follows: 1. This matter arises out of a dispute concerning a R,esidential Lease. 2. Judgment was entered against the Defendant by District Justice Scott Gross on January 14, 2004 in the amount of $3, 180.50 at docket number L T-0000748-03. 3. Judgment was filed in this Court on June 4, 2004. 4. The Plaintiff requests that this Court issue an Order attaching the wages of the Defendant to satisfy the judgment, as permitted by 42 Pa. C.S.A. g8127. 5. A copy of the proposed Rule to Show Cause is attached hereto. Wherefore, Plaintiff requests that this Honorable Court enter an order requiring the Prothonotary to issue a writ of execution for the purpose of attaching the wages (If Defendant. Respectfully submitted, JJA- David J. Lanza Attorney 1.0. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff :45-1 VERIFICA TION I, SCOTT GARDNER, verify that the statements made in this Petition are true and correct to the best of my knowledge, information and belief. 1 understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A 94904, relating to unsworn falsifir.ation tlJ authorities. Date: r By: 0 ,...., 0 = c: = -n <'" ~ "'"0(;3 =- :C:n ~m c: _....! G') rnr~ .7r N :g~ ~i,: ()'\ 0 ~C_; .'::1 ,;J ~C' .." -, ""1 (5:'2] ~g =:: ~?( J om -" ..... ~ .r- ;!.;j .t:" '< -David J. Lanza LD. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 AUomey for Plaintiff AUG 2 7 2004 \11) SCOTT GARDNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-2527 Civil Term JOHN KLUCKER, Defendant RULE TO SHOW CAUSE AND NOW, this 3 J day of ~~, upon consideration of the Petition for Wage Attachment filed by Plaintiff, a rule is hereby issued upon Defendant to show cause, if any he has, why the relief requested should not be granted. Rule returnable within~ days of service by regular mail upon Defendant. c:; THE ..,.,e. -:?' J. 45,1 ~~ ~~, C\ .0'\ D . .. \f\N\JJ\-VS~~'\lir'k~ \ \ 1>. trrt"j !'\ r""I\_:~.~~: ',N0':) 1\..\...\'1\ ,',.."" \.' ; ..... <II 611 : \ \ WJ L - cl1S \j~u1, ""'i\r,,,r,~'\\~''cio 3\-\1. ~O f\d~,*J\'I"-" -"-' 3r)\~;to-G31I,:I , David J. Lanza 1.0. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 Attorney for Plaintiff SCOTT GARDNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-2527 Civil Tenn v. JOHN KLUCKER, Defendant PETITION TO MAKE RULE ABSOLUTE 1. On September 3rd, 2004, this Court, by the Honorable Judge Hess, entered a Rule to Show Cause, requiring an answer from Defendants within fourteen (days) of service via regular mail. A copy of this Order is attached as Exhibit "A". 2. Plaintiff served the aforesaid Order upon Defendants by regular mail on December 3, 2004. A true and correct copy of the cover letter by which service of the Order and Motion was made is attached hereto as Exhibit "B". 3. Defendants have faited to answer the aforesaid Petition or Order. Wherefore, Plaintiff requests that this Honorable Court enter an order requiring the Prothonotary, upon Praecipe of Plaintiff, to issue a writ of execution for the purpose of attaching the wages of Defendant. 45-1 Respectfully submitted, f!1:0 {[ DaVid J. Lanza Attorney 1.0. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Plaintiff VERIFICA TION I, David Lanza, attorney for the Plaintiff. verify that the statements made in this Petition constitute legal conclusions and facts of record. The statements contained 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 S4904, relating to unsworn falsification to authorities. Date: I ( ~ fuy !J- David Lanza By: CERTIFICA TE OF SERVICE AND NOW, this 5th day of January, 2005, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: John Klucker 3543 Simpson Ferry Road Camp Hill, PA 17011 tb. Lanza By: ~ .1 . David J. Lanza 1.0. No. 55782 2157 Market Street Camp {'fill, Pennsylvania 17011 (717) 730-3775 l Atlorney for Plaintiff AUG 2 7 200& .-~ SCOTT GARDNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-2527 Civil Term v. JOHN KLUCKER, II I, , l)::k:rl'JC1ll~ RULE TO SHOW CAUSE -" '} J (jJ.~ AN 0 NO W, thl:; _J___ UJ,/ of I\~I :;t, ~O()1, upon con sld01'~1 t!:.m of tile:: fJ0lltlOrl for V / J J': t..tt JCf~ n 1<:::1 t fil.:d h'l fll.11fltdf, :1 rlilt~ I'; tll~lt:l),/ 1",;tl,:1I lIplll I ld':Il! H1I to slir)'// (:'lIIS,:, If Zlrl'i fl" 111'; why the relief 11:1JII,~',ll:cl ';/IlHtld l\lill),: lJr,IIII,.,j I~ltl,: r!~tlllf1;d)li.: wltlllf1~ d.1Y~-; of SI:fVIC,J t)YI1~~JlIl.lr 11l:.lrlUpOlllJdcfldlllt ~~flf .,-- J I\<jl 2157 Market Street Camp Hill, PA 17011 John Klucker 3543 Simpson Ferry Road CampHill,PA 17011 LA W OFFICES David J. Lanza December 3, 2004 Re: Scott Gardner v. Klucker Dear Mr. Klucker: a " TELEPHONE 717-730-3775 FACSIMILE 717-737-5355 EMAIL dlanza@paatlaw.com Enclosed herewith please find a copy of an Order of Court in the above matter. 45-1 Enclosure v erY7 tl lY,o~fS' r? /. >'--t, ! .."' / f..~ David J. Lanza r-"'. l. : /' .-' ; (} c':" ::i " ~ (.~-::) ~~;~ o -n ......{ -,- fi:; ::D 'r'- -qr";'l :':)0 ( "\ '- ;0 -;... --t ,j2~ ( ~~rl\ ;~ -< c,_ ...i ~.~ - ~ -- N :'? r:? ..t:~ David J. Lanza LD. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 ~ JAN 1 3 2005 (j Attorney for Plaintiff SCOTT GARDNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-2527 Civil Term v. JOHN KLUCKER, Defendant ORDER AND NOW, this /i/I');y of January 2005, upon consideration of the Petition to Make Rule Absolute filed by Plaintiff, Scott Gardner, and the failure of Defendant to file an answer, the rule is hereby made absolute. The Prothonotary is hereby authorized to issue a wlit of execution, upon Praecipe of Plaintiff, attaching the wages of the Defendant to satisfy the judgment, all perm' 42 Pa. C.S.A. !}8127. J. 45-1 ..c . --10 r MfLv4 Y jJ /' 4- , J J ~ /-/9-05 ~ 'I c.;-, ~, '1 1 ~., ~,-1:~ '.b n\ \) " _,,','1 .; 'S<,iJ(. . David J. Lanza !.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 Attorney for Plaintiff Plaintiff IN THE COUR~ OF COMMON PLEAS OF CUMBERLANq COUNTY, PENNSYLVANIA NO. 04-2~27 Civil Term SCOTT GARDNER, v. JOHN KLUCKER, Defendant ATTACHMENT ORDER AND NOW, this L{....day of ~ 2005, upon consideration of the oregoing Motion For a Rule to Show Cause Why an Order Granting Wage Attachment Should Not Issue, 0 response being filed by the Defendant, John Klucker, it is hereby ORDERED and DECREED as follows: 1. The Defendant's current employer, Foot Locker, and all ubsequent 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, Foot Locker, and all ubsequent employers of the Defendant are hereby ORDERED to send checks, for each pay period of he 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 ch cks to Plaintiff, Scott Gardner, P.O. Box 181, Camp Hill, PA 17011. 3. Plaintiff shall serve this Order upon Foot Locker via regular ma I at 3543 Simpson Ferry Road, Camp Hill, PA 17011. ,/-.- L~e Co J, Lt-4/[)) 2x: 1',.",.- L'ff.'C.J '::'\ (?f;l '1\"~('ln,7 1JttVCoL . ut\'-i.J '-'~":i-:~ Ft>v f LocKat ;\',..:.' . - "..- ~ r .-' ~" '0 ':\) David J. Lanza !.D. No. 55782 2157 Market Street Camp Hill, Pennsylvania 17011 (717) 730-3775 Attorney for Plaintiff SCOTT GARDNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-2527 Civil Term v. JOHN KLUCKER, Defendant v PLANTIFF'S PRAECIPE TO SATISFY AND DISCONTINUE AND NOW, this 29'h day of March 2006, please mark the above case satisfied and discontinued. Respectfully submitted, Qj(L, By: David J. Lanza Attorney I.D. No. 55782 2157 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 45-1 {'.:' \..,., (;. -