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Home My WebLink About13-1862 'OMMNWEALTH OF PEN' NSYLVANIA Notice of Ju d g ment/Transcri p t P COUNTY OF CUMBERLAND gnlent/TranSCrl t Residential Lease Mag. Dist. No: MDJ- 09 -3 -04 Bent Creek Limited Partnership MDJ Name: Honorable Paula P. Correal V. Address: 5275 East Trindle Road Robert Moyer, Kimberly Moyer Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 Bent Creek Limited Partnership 100 Georgetown Road Docket No: MJ- 09304 -LT- 0000007 -2013 Mechanicsburg, PA 17050 Case Filed: 1/11/2013 Disposition Details Grant possession. No Gra I- Pessession if money judgment is not satisfied by the time of eviction. es Yes ispos�t9on Summary Doc N Plainti Defendant Disposition Disposition Date MJ 09 304 -LT- 0000007 -2013 Bent Creek Limited Partnership Robert Moyer Judgment for Plaintiff Judgment�Summary _ o1i22/2013 P_ QWM Joint/Several Liability Individual Amount Bent Creek Limited Partnership $0.00 $0.00 Kimberly Moyer $0.00 $0.00 Robert Moyer $0.00 $0.00 $0.00 $1,567.42 $1,567.42 Judgment Detail ( "Post Judgment) In the matter of Bent Creek Limited Partnership vs. Robert Moyer on 1/22/2013 the judgment was awarded as follows: Jud meet Componen Joint /Se veral Liability Individual Liability Deposit plied � Rent in Arrears $0.00 $1,420.25 Filing Fees $0.00 $1,420.25 Server Fees $97.50 $97.50 $0.00 $39.67 Costs $39.67 $0.00 $10.00 $10.00 Grand Total: $1,567.42 Portion of judgment for physical damages arising out of residential lease: $0.00 MDJS 315A Page 1 of 3 Printed: 01/22/2013 2:06:40PM Bent Creek Limited Partnership Docket No.: MJ- 09304 -LT- 0000007 -2013 V. Robert Moyer, Kimberly Moyer IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING,A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF THE COURT OF .COMMON PLEAS, CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDERS; 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 1S FILED. HOWEVER, LOW- INCOME AND /OR SECTIONS TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL 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 JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH TH� JUDGMENT. _ y xK ern e t ' Date Senior Magisterial District Ju Paula P. Correa certify at iS is a rue an correct copy o t e W e procee ra ZagDistri rict e lu me Date Judge MDJS 315A Page 2 of 3 Printed: 01/22/2013 2:06:40PM Bent Creek Limited Partnership Docket No.: MJ- 09304 -LT- 0000007 -2013 V. Robert Moyer, Kimberly Moyer Participant List Plaintiffs) ? Bent Creek Limited Partnership 100 Georgetown Road rncO Mechanicsburg, PA 17050 r''1 is. rY1 F- cnr` ... M Defendant(s) A � O 0 , Kimberly Moyer 207 Georgetown road c � M - - -_ -= --,-_ �NieGYi�tlh s "I'705II.- _._. _ _...._ __,_�, � - - -�- Robert Moyer po .. 207 Georgetown Road Mechanicsburg, PA 17050 / C ICJ �3 MDJS 315A Page 3 of 3 Printed: 01/22/2013 2:06:40PM OF THE I'ROTHONOTARy ZDt3 MAY 14 PPS 3: 43 CUMBERLAND COUNTY PENNSYLVANIA Bent Creek Limited Partnership 5351 Jaycee Ave : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Harrisburg PA 17112 717-920-8949 Plaintiff(s) V. NO. 2013-LT-1862-NT Kimberly Moyer c/o Juice & Java Cafe 5258 Simpson Ferry Rd Defendant(s) Mechanicsburg PA 17055 717-691-9000 Praecine for Notice of Intent to Attach Wages To the Prothonotary: Issue a Notice of Intent to Attach Wages in the above matter (1) against Kimberly Moyer , Defendant (2) against Juice & Java Cafe , E rruaJoyer of the Defendant. Date : 5- 343 PA Bar#51090 Attorney for udgment Cre itor-Landlord or Judgment Creditor-Landlord if unrepresented Triple Crown Corporation Address 5351 Jaycee Ave Harrisburg PA 17112 Address 717657-5729 Telephone Number ou 108 Certification by Judgment Creditor-Landlord I certify that 1. The Plaintiff judgment-creditor is Bent Creek Limited Partnership Name 5351 Jaycee Ave Address Harrisburg PA 17112 Address 2. The Defendant judgment-debtor is Kimberly Moyer Name do Juice & Java Cafe Address 5258 Simpson Ferry Rd Mechanicsburg PA 17055 Address 3. The Employer Garnishee is Juice & Java Cafe Name 5258 Simpson Ferry Rd Address Mechanicsburg PA 17055 Address 4. The judgment arises out of a residential lease for the premises at 207 Georgetown Rd Mechanicsburg PA 17050 (address). 5. (a) The amount of the judgment is$ 1567.42 (b) A security deposit in the amount of$ 1200.00 is being held by the judgment creditor-landlord.This security deposit X has been applied has not been applied to payment of rent due on the same premises for which the judgment has been entered. (Any security deposit that has not already been applied to rent will be deducted by the Prothonotary from the amount of the judgment in determining the amount to be attached.) (c) The amount of$ 0.00 has been paid toward satisfaction of the judgment.(Do not include the security deposit.) 6. This Praecipe is filed within five years of the date of the original judgment upon which execution is sought. 7. The judgment was entered(check one) in a civil action commenced in the Court of Common Pleas X in an action brought before a Magisterial District Judge in an action commenced in the Philadelphia Municipal Court 8. Check the appropriate paragraph and attach the required documents : X (a) If the judgment was entered in a civil action(Pa.R.C.P.M.D.J.301 et seq.) before a Magisterial District Judge,a copy of the Complaint filed with the Magisterial District Judge is attached to this Notice,showing that the action arose from a residential lease. (b) If the judgment was entered in an action for the recovery of possession of real property (Pa.R.C.P.M.D.J.501 et seq.)before a Magisterial District Judge, copies of the appropriate Magisterial District Judge records are attached showing that the action arose from a residential lease and that the Defendant appeared or filed papers in that action or that the Complaint was served by handing a copy to the Defendant. (c) If the judgment was entered in an action in the Philadelphia Municipal Court in which the Defendant was served pursuant to Phila.M.C.R.Civ.P.No. 111(A)or(C),a copy of the Complaint filed with the Philadelphia Municipal Court is attached to this Notice, showing that the action arose from a residential lease. (d) If the judgment was entered in an action in the Philadelphia Municipal Court in which the Defendant was served pursuant to Phila.M.C.R.Civ.P.No. 111(B),copies of the appropriate Philadelphia Municipal Court records are attached showing that the Defendant appeared or filed papers in the action. I certify that the statements made in this Certification are true and correct.I understa d at false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to uns, 1 fic tion to authorities. -4AIAIM Date Judgr6nt reditor- andlo Mark DiSanto PA Bar #51090 Triple Crown Corporation 5351 Jaycee Ave Harrisburg PA 17112 717-657-5729 COMMO WEALTH OF PENNSYLVANIA Notice of Judgment/Transcript 'COUN FY OF CUMBERLAND Residential Lease a�f> .f Mag. Dist. No: MDJ-09-3-04 Bent Creek Limited Partnership MDJ Name: Honorable Paula P. Correal V Address: 5275 East Trindle Road Robert Moyer, Kimberly Moyer Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Bent Creek Limited Partnership Docket No: MJ-09304-LT-0000007-2013 100 Georgetown Road Case Filed: 1/1112013 Mechanicsburg, PA 17050 Disposition Details Grant possession. No Grantpossession if money judgment is not satisfied by the time of eviction. Yes Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09304-LT-0000007-2013 Bent Creek Limited Partnership Robert Moyer Judgment for Plaintiff 01/22/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Bent Creek Limited Partnership $0.00 $0.00 $0.00 Kimberly Moyer $0.00 $0.00 $0.00 Robert.Moyer $0.00 $1,567.42 $1,567.42 Judgment Detail ('Post Judgment) In the matter of Bent Creek Limited Partnership vs. Robert Moyer on 1/22/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $1,420.25 $1,420.25 Filing Fees $0.00 $97.50 $97.50 Server Fees $0.00 $39.67 $39.67 Costs $0.00 $10.00.. $10.00 Grand Total: $1,567.42 Portion of judgment for physical damages arising.out,pf.residential lease: c7 Cm i CA s ri's t-r, 'T7 �`� =ap cn t•- �. Q ?. �D o ,QC) ZO p MDJS 315A Page 1 of 3 Printed:01/22/2013 2:06:40PM. Sent Creek Limited Partnership Docket No.: MJ-09304-LT-0000007-2013 V. Robert Moyer, Kimberly Moyer IN AN ACTION INVOLVING A RESIDENTIAL LEASE,ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS,CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. 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.HOWEVER,LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J.NO.1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL 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 JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Senior Magisterial District Judo&Pauli P.Correal. I certify that this is a true and correct copy of the recor o the proceedings c in ng the ju me I. Date tTa'gMte*arDistridt Judge MDJS 315A Rage 2 of 3 Printed:01/22/2013 2:06:40PM SHERIFF'S OFFICE OF CUMBERLAND COUNTY. . ..t Ronny R Anderson �OltQt�t�� Sheriff C, Ak•_. ' Jody S Smith Chief DeputyD Richard W Stewart Solicitor OP CE OF TPE SYEPWr Bent Creek Limited Partnership vs. Case Number Kimberly Sue Moyer(et al.) 2013-1862 SHERIFF'S RETURN OF SERVICE 05/24/2013 06:50 PM-Deputy Noah Cline, being duly sworn according to law, served the requested Notice of Intent to Attach Wages by handing a true copy to a person representing themselves to be Katie Kolanda, Shift Manager,who accepted as"Adult Person in Charge"for Kimberly Sue Moyer at 5258 Simpson Ferry Road, Suite A, Hampden Twp, Mechanicsburg, PA 17055. NOAH CLINE, DEPUTY 05124/2013 06:50 PM- Deputy Noah Cline, being duly sworn according to law, served the requested Notice of Intent to Attach Wages by handing a true copy to a person representing themselves to be Katie Kolanda, Shift Manager,who accepted as"Adult Person in Charge"for Juice&Java Cafe at 5258 Simpson Ferry Road, Suite A, Hampden Twp, Mechanicsburg, PA 17055. NOAH CLINE, DEPUTY SHERIFF COST: $55.76 SO ANSWERS, May 29, 2013 RON R ANDERSON, SHERIFF (c)CountySuito Sheritf,Teleosoft,Inc. L 0 T 1-10 N 0-FtA 2013 JUL 23 PM 1: 57 L CUMBERLAND COUNTY Bent Creek Limited Partnership PENNSYLVANIA 5351 Jaycee Ave Harrisburg PA 17112 717.920.8949 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) Kimberly Moyer V. NO. 2013-LT-1862-NT c/6 Juice & Java Cafe 5258 Simpson Ferry Rd Defendant(s) Mechanicsburg PA 17055 717.691.9000 Praecipe far Writ of Attachment of Wages,Salary or Commissions To the Prothonotary: Issue a Writ to Attach Wages,Salary or Commissions in the above matter 1) against Kimberly Moyer Defendant c/o Juica& Java Cafe 5258 Simpson Ferry Rd Mechanicsburg PA 17055 Defendant's Address (2) against.1tilrp & Java cafe Garnishee/Employer of the Defendant. 5258 Simpson Ferry Rd Mechanicsburg PA 17055 Employer Address The amount of the judgment is$1567.42 A security deposit in the amount of$ 1200.00 is being held by the judgment creditor- landlord.This security deposit X has been applied has not been applied to payment of rent due on the same premises for which the judgment has been entered. (Any security deposit that has not already been applied to rent will be deducted by the Prothonotary from the amount of the judgment in determining the amount to be attached.) The amount of$ 0.00 has been paid toward satisfaction f t e jud nt.(Do not include the security deposit.) Date: Attorney for Judgment Creditor-Landl d or Judgment Creditor-Landlord if unrepresented 31 cQ j j Telephone Number tt ct� UJ4 ar Aa4dwl Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION Kimberly Moyer No. 13-1862 Civil Term 207 Georgetown Road Mechanicsburg, PA 17050 TO: Juice&Java Cafe,5258 Simpson Ferry Road,Mechanicsburg,PA 17055 RE: Residential Lease between Plaintiff and Defendant WRIT OF ATTACHMENT The above employer shall attach and deduct from the wages of the above employee a sum not to exceed ten (10%) of the net wages per pay period of said employee or a sum not to place employees net income below poverty income guidelines as provided annually by the Federal Office of Management and Budget,whichever is less. "Net wages" shall mean all wages paid, less only the following items: 1. Federal, State and Local income taxes; 2. F.I.C.A.payments and non-voluntary retirement payments; 3. Union dues;and, 4. Health insurance premiums The amount wages to be attached shall total$1,567.42(plus costs) The employer shall send the attached wages to the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: Bent Creek Limited Partnership within fifteen (15) days from the close of the last pay period in each month. The employer shall be entitled to deduct from the wages collected from the employee pursuant hereto the costs incurred from the extra bookkeeping necessary to implement the terms within the Writ of Attachment, not exceeding$5.00 of the amount of the wages so deducted. If you, the employer, are served with more than one Writ of Attachment for damages arising out of a residential lease against the same employee, then the wage attachments shall be satisfied in the order in which said Writs of Attachment were served. Each prior wage attachment shall be satisfied before any effect is given to a subsequent attachment. You shall not take any adverse action against the employee solely because his wages, salaries or commissions have been attached. Violations may result in (i) you being adjudged in contempt and committed to jail or fined by the court and(ii)an action against you by the employee for damages. Willful failure to comply with this Writ of Attachment may result in (i) you being adjudged in contempt of court and committed to jail or fined by the court; (ii)you being held liable for any amount not withheld, or withheld but not forwarded to the Prothonotary's office; and, (iii) attachment of your funds or property. This Writ of Attachment has been entered pursuant to 42 PA. C.S.A. 8127, as amended by House Bill 908, Act 5 of 1996, effective February 15, 1996. A copy of this Writ of Attachment has been sent by U.S. Mail, postage prepaid, to the employee's last known address at: Juice & Java Caf6, 5258 Simpson Ferry Road,Mechanicsburg,PA 17055. Any questions should be directed to the Plaintiff-Creditor: Bent Creek Limited Partnership,5351 Jaycee Avenue,Harrisburg,Pa 17112-71.7-920-8949 Date: 7/23/2013 _Zuk a) David D.Buell,Prothonotary Costs: $115.51 By De �� You shall send the following notice to the Prothonotary if the defendant has never been or is on longer an employee on company letterhead: I have received a Writ of Attachment in the following case: Plaintiff v.Defendant No of Year The following person, has never been Or is no longer and employee(� Date: Signature of Employer Print name of Employer Address Address Telephone# For Prothonotary use only Date: David D. Buell, Prothonotary Deputy (Seal of the Court)