HomeMy WebLinkAbout04-5233
09-3-04
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NOTICE OF JUDGMENT/TRANSCRIPl
CIVIL CASE
PLAINTIFF: NAME at1d ADDRESS
IaENT CREEK APARTMENTS
5351 JAYCEE AVENUE
HARRISBURG, PA 17112
L .J
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag D,s\. No
OJ Ndme Hon
THOMAS A. PLACEY
Add"" 104 S. SPORTING HILL RD.
MECHANICSBURG, PA
VS.
T,I",,", (717) 761- 8230
DEFENDANT: NAME and ADDRESS
17050 IoILLENSNYDER, KATHRYN '[
225 WEST COOVER ST.
APT. #5
~ECHANICSBURG, PA 17050 .J
g:~:~,: CV,n:n:'-04 ..
BENT CREEK APARTMENTS
5351 JAYCEE AVENUE
HARRISBURG, PA 17112
'.
THIS IS TO NOTIFY YOU THAT:
Judgment:
~ Judgment was entered lor:
DRFAUI.T JUDGMRNT PLTF
(Name) RRN'I' r.~RRIf APJlRTMRN'I'R
~ Judgmenl was entered against: (Name) nn.T.R1ITSNYDRR, KATHRYN
in the amount of $
?,?'Q'L1'i on:
(Date of Judgment)
Q/1fi/04
o Defendants are jointly and severally liable,
o Damages will be assessed on:
o This case dismissed without prejudice,
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 2,192.35
$ 101. 00
$ .00
$ .00
$ 2,293.35
...
O Amount of Judgment Subject to
Attachment/42 Pa.c.S, 9 8127 $
o Portion of Judgment for physical
damages arising out of residentiat
lease $
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 PROTHONOTARV/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 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 REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAVS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT,
_ ,1 11 I Dtt
, District Justice
Date
I cer:tl ify that this is a true a correct r.'V'Y ef ! ~ I"wru ullll" ~dings containing the judgment.
q 11/D'{ Date --- A ----- ,District Justice
My commission expires first Monday of January, 2010 SEAL
AOPC 315,03
DATE PRINTED:
9/17/04
2:20:41 PM
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In the Court of Common Pleas
Cumberland County, Pennsylvania
Bent Creek Limited Partnership
5351 Jaycee Avenue
Harrisburg, P A 17112
Plaintiffs
Docket No.:
Writ No.:
Amount Due:
Principal:
Interest to
Clerk's Cost:
Sheriff's Cost:
Total (as of
v.
Kathryn Dillensnyder
225 West Coover Street, Apt 5
Mechanicsburg, PA 17050
Defendant
04-5233 civil term
$
$ 2,293.35
$
$
$
) $
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, and hereby petitions
the Honorable Court to issue a Rule to Show Cause as to why relief in the instant Petition should
not be granted upon the Defendant, Kathryn Dillensnyder and the Defendant's employer, The
Jewish Home, 4000 Linglestown Road, Harrisburg, PA 17112, 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 Thomas A. Placey,
Magisterial District 09-3-04 on September 16,2004 in the amount of$2,192.35,
Docket Number CV -0000449-04. Post judgment costs increased this amount to
$2,293.35, which is shown on the certified judgment.
3. The District Justice Judgment was filed with this Court on October 19, 2004, under
Docket Nwnber 04-5233 civil tenn.
4. The Defendant is currently employed at The Jewish Home, 4000 Linglestown Road,
Harrisburg, PA 17112.
5, Pursuant to 42 Pa, C.S.A. Section 8127, the Plaintiff is entitled to garnish 10% ofthe
net wages per pay period of the Defendant, this judgment debtor-tenant.
6, The Plaintiff requests that this Court issue an order attaching the wages of the
Defendant to satisfy the judgment, as pennitted by 42 Pa. C.S,A. Section 8127,
.r
7, Copies of the District Justice Judgment and the proposed attachment order are
attached hereto.
WHEREFORE, the Plaintiff hereby requests that the Honorable Court issue the proposed
rule to show cause against both the Defendant, Kathryn Dillensnyder and her current employer,
The Jewish Home, 4000 Linglestown Road, Harrisburg, P A 17112,
Respectfully Submitted:
Date:
~~J. 1~
We
'Pietro Leone, Atto ey, PA Bar #85127
5351 Jaycee Avenue
Harrisburg, PA 17112
(717)657-5729
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In the Court of Common Pleas
Cumberland County, Pennsylvania
Bent Creek Limited Partnership
5351 Jaycee Avenue
Harrisburg, PA 17112
Plaintiffs
Docket No.:
Writ No.:
Amount Due:
Principal:
Interest to
Clerk's Cost:
Sheriff's Cost:
Total (as of
v.
Kathryn Dillensnyder
225 West Coover Street, Apt 5
Mechanicsburg, PA 17050
Defendant
b
r:t
04-5233 civil term
$
$ 2,293.35
$
$
$
) $
RULE TO SHOW CAUSE
AND NOW, this ~'t'" day of r e.'H\l~" '1 2006, 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, Kathryn Dillensnyder, and her current
employer, The Jewish Home, 4000 Linglestown Road, Harrisburg, PA 17112, to
show cause why the petitioner is not entitled to the relief requested;
2. the respondent shall file an answer to the petition within 1.. 0 days of service;
3. the petition shall be decided under Pa. R.C.P. No. 206.7.
4. notice of the entry of this order shall be provided to all parties and to the current
employer of the Defendant, The Jewish Home, 4000 Linglestown Road,
Harrisburg, PA 17112.
By th, '(;rt-t ~ ~
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Bent Creek Limited Partnership
5351 Jaycee Avenue
Harrisburg, P A 17112
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND, COUNTY, PENNSYLVANIA
Vs
NO.
04-5233
Kathryn Dillensnyder
PO Box 37
Thompsontown, PAl 7094
Defendant
CIVIL ACTION - LAW
PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE
AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 206.7, Plaintiff, Bent
Creek Limited Partnership, hereby files this Motion to make Rule Absolute, and in
support of same avers as follows:
1. On January 30, 2006, Plaintiff, Bent Creek Limited Partnership, filed a
Petition for A Rule to Show Cause Why an Order Granting Wage Attachment
Should Not Issue.
2. On February 8, 2006, this Honorable Court issued a Rule to Show Cause with
a return of twenty (20) days.
3. The Defendant has not answered the Rule.
4. Pursuant to Pa. R.C.P. 206.7, when a Rule is not answered, the averments of
fact may be deemed admitted and the court shall enter an appropriate order.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its
Petition For a Rule to Show Cause Why An Order Granting Wage Attachment Should
Not Issue and GRANT a wage attachment against the Defendant's current employer,
The Jewish Home, 4000 Linglestown Road, Harrisburg, P A 17112, as well as all
current or subsequent employers.
, ..
Date:
3 It) , O(P
Respectfully Submitted:
!Z ;).:J-----
Pietro Leone, Attorney
PABar#85127
5351 Jaycee Avenue
Harrisburg, PA 17112
(717) 657-5729
.' .
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving Plaintiffs Motion to Make Rule Absolute upon the
person and in the manner indicated below, which service satisfies the requirement ofPa. R.c.P.
440: Service by first class mail, addressed as follows:
Kathryn DiIlensnyder
PO Box 37
Thompsontown, P A 17094
The Jewish Home
4000 Linglestown Road
Harrisburg, P A 17112
Respectfully Submitted,
Date: '3 - If) / 010
{) ;J ?----
Pietro Leone, Attorney
PA Bar #85127
5351 Jaycee Avenue
Harrisburg, PA 17112
717-657-5729
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MAR 14 2006
IN THE COURT OF COMMON PLEAS t
CUMBERLAND, COUNTY, BY:
Bent Creek Limited Partnership
5351 Jaycee Avenue
PENNSYLVANIA
Harrisburg, P A 17112
Plaintiff
)
Vs
NO.
04-5233
Kathryn Dillensnyder
PO Box 37
Thompsontown, P A 17094
Defendant
CIVIL ACTION - LAW
AND NOW, this
ATTACHMENT ORDER
t~ \
\ 10 day of IV\. Q,1'1.V\. , 2006, upon consideration of the
foregoing Petition for A Rule to Show Why An Order Granting Wage Attachment Should Not
Issue, no response being filed by the Defendant, Kathryn Dillensnyder, and the Defendant's
employer, The Jewish Home, 4000 Linglestown Road, Harrisburg, P A 17112, it is hereby
ORDERED AND DECREED as follows:
I. The Defendant's current employer, The Jewish Home, 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, The Jewish Home, 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 I above, and made payable to Triple
Crown Corporation agent for Bent Creek Limited Partnership to the Office of the
Prothonotary at One Courthouse Square, Carlisle, PA 17013, who will then record
the amount paid in the docket ofthis matter and then forward the checks to Triple
Crown Corporation, 5351 Jaycee Avenue, Harrisburg, PA 17112.
So Ordered, By the Court
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Bent Creek Limited Partnership
5351 Jaycee Avenue
Harrisburg, P A 17112
Plaintiff
Vs
Kathryn Dillensnyder
PO Box 37
Thompsontown, P A 17094
Defendant
1. Judgment is paid in full.
2. Please satisfy this judgment.
IN THE COURT OF COMMON PLEAS
CUMBERLAND, COUNTY, PENNSYLVANIA
NO. 04-5233
CIVIL ACTION - LAW
Praecipe to Enter Appearance for Plaintiff
To: Court of Common Pleas Prothonotary
/0'" ~- OVJ
Date
Pietro Leone, P ar #85127
5351 Jaycee Avenue
Harrisburg, PA 17112
717-657-5729
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