Loading...
HomeMy WebLinkAbout04-5233 09-3-04 f'Lt, 0'/. S..L -' ,) ~ 1'"...- 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 ~ ~ ss , C) ~ ~ ... ~ -...... '" ~ ~ ~ \ \-> w ...... " \y Cc\ -s, V\. \' .:;> ,..-. '-" ( ~ v " "- --\ " ) t '- c - , \ " "" \ ~ ..c ~ ,~ I :::I1 , 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 J'. Q <-, (:~.-) C-;-;;J (,..'"' o ,1 ~ -,., ,.,.., CD I W T'" t.~ C.\ ~\ ",.~ ~n " t-. ......... 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 ~ ~ J - ? - tJ & C-,--u<J .'Yl---tL~L~ Jt> , ;::0 llt:,';\ I . ~ '- r"\jor\Y' n- ',' Jl..,UV o ~.,..) 11'-\ \ \ . \ \ ,.' ." .. i ~ ","\ \ 0)1:,1)(, fd- '0;;,:.1 ".,,1"1 :1\-\1.:,0 \..,'SJ\ \.c.-~f'~ ~~ \ . :y"Y_l_'O-O:1 \',::'i ....,--"',.-0..'.. ~o ... , 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 ,..~ " . '\ REc~Tv ,~1J 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 \\\ { \f:NV^-!j!8!"'~~{:ld '..\ ~ J'....;'~...,.", r':.', ~J,' ',-..r-;[ln" 1\ i..l'y" ~<,', . -', ".'--;,- \;~ v o Z :8 ~IV L I i.nlW 9UOZ AtiVIONOH10dd :Jill :!O 381:JJO--G31l:l 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 C) ,1 C) C-) --l c;'1 CO