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HomeMy WebLinkAbout05-3182COMMONWEALTH OF PENNSYLVANIA r:nl InITv nF CUMBERLAND 09-3-04 MDJ Name; Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone. (717) 761-8230 17050 BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 05 Pa-' `- NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME: and ADDRESS rBENT CRESS LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L VS. DEFENDANT: NAME and ADDRESS rzINN, NICOLE 69 NEST MAIN ST. APT. #2 LMECHANICSBURG, PA 17055 J Docket No.: CV-0000568-04 Date Filed: 9/10/04 THIS IS TO NOTIFY YOU THAT: Judgment: nveam-m .?rrnruRraT Pr.TR ® Judgment was entered for: (Name) vii IM * TIATTrtr1 PA'?7=RSrrTP ® Judgment was entered against: (Name)d NTirvoT E in the amount of $ 3, 977 _ nn on: (Date of Judgment) a/37[0a ? Defendants are jointly and severally liable. (Date & Time) ? Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to ? Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 3. 820.00 Judgment Costs $ 151.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3 ,971.00 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 PROTHONOTARYICLERK 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 MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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. S Date -, ?? ?vfi1? ?? -11 y Magisterial District Judge I certify th t this is a true a d correc ?oof the p?ceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2010 . SEAL AOPG 315-05 DATE PRINTED: 5/17/05 3:54:21 PM ^9. ? o o -or cn CD In the Court of Common Pleas Cumberland County, Pennsylvania Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiffs V. Nicole Zinn 69 West Main Street, Apt 2 Mechanicsburg, PA 17055 Defendant Docket No.: (? S 3 I ? ?'^'^ e Writ No.: Amount Due: $ Principal: $ 3,971.00 Interest to $ Clerk's Cost: $ Sheriffs Cost: $ Total (as of ) $ 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, Nicole Zinn and the Defenclant's employer, The Gingerbread Man, 26 West Main Street, Mechanicsburg, PA 17055 (business office: 114 E. Allen Street, Mechanicsburg, PA 17055), 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 May 17, 2005 in the amount of $3,820.00, Docket Number CV-0000568-04. Post judgment costs increased this amount to $3,971.00, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on June 21, 2005, under Docket Number 05-3182. 4. The Defendant is currently employed at The Gingerbread Man, 26 West Main Street, Mechanicsburg, PA 17055 (business office: 114 E.. Allen Street, Mechanicsburg, PA 17055). 5. Pursuant to 42 Pa. C.S.A. Section 8127, the Plaintiff is entitled to garnish 10% of the 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 permitted by 42 Pa. C.S.A. Section 8127. 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, Nicole Zinn and her current employer, The Gingerbread Man, 26 West Main Street, Mechanicsburg, PA 17055 (business office: 114 E. Allen Street, Mechanicsburg, PA 17055). Respectfully Submitted: Date: q'c?/ - V-? .J"AL4 Mark X. DiSanto, Attorney, PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-:5729 ?+.? h) G) (? ?-= ° n ter,- cn T .. (rp- f"sl f'S -? 'C7 ? t.J -[?ilz )? ?:.':. O ? 1r Q • ??7 ??_ N N ,y RECEIVED C i 0319051 In the Court of Common Pleas Cumberland County, Pennsylvania Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiffs V. Nicole Zinn 69 West Main Street, Apt 2 Mechanicsburg, PA 17055 Defendant Docket No.: Writ No.: Amount Due: Principal: Interest to Clerk's Cost: Sheriffs Cost: Total (as of RULE TO SHOW CAUSE OS_ 31U e"" I $3,971.00 $ Zoos AND NOW, this 1/t " day of -26 , 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, Nicole Zinn, and her current employer, The Gingerbread Man, 26 West Main Street, Mechanicsburg, PA 17055 (business office: 114 E. Allen Street, Mechanicsburg, PA 17055), to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within 10 days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7. notice of the entry of this order shall be provided to all parties and to the current employer of the Defendant, The Gingerbread Man, 26 West Main Street, Mechanicsburg, PA 17055 (business office: 114 E. Allen Street, Mechanicsburg, PA 17055). d ?, ?? n _uid. s; ii _;C In the Court of Common Pleas Cumberland County, Pennsylvania Bent Creek Limited Partnership Docket No.: 05-3182 Civil Term 5351 Jaycee Avenue Writ No.: Harrisburg, PA 17112 Amount Due: $ Plaintiffs Principal: $ 3,971.00 Interest to $ V. Clerk's Cost: $ Nicole Zinn Sheriffs Cost: $ 69 West Main Street, Apt 2 Total (as of ) $ Mechanicsburg, PA 17055 Defendant 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 September 27, 2005, 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 October 9, 2005, 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 Gingerbread Man, 26 West Main Street, Mechanicsburg, PA 17055 (business office, 114 E. Allen Street, Mechanicsburg, PA 17055), as well as all current or subsequent employers. Respectfully Submitted: Date: i - q-06 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 PA Bar #51090 In the Court of Common Pleas Cumberland County, Pennsylvania BENT CREEK LIMITED PARTNERSHIP Docket No.: 05-3182 Civil Term 5351 JAYCEE AVENUE Writ No.: HARRISBURG, PA 17112 Amount Due: $ Plaintiffs Principal: $ 3,971.00 Interest to $ V. Clerk's Cost: $ Nicole Zinn Sheriff's Cost: $ 69 West Main Street, Apt 2 Total (as of ) $ Mechanicsburg, PA 17055 Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving Plaintiff's Motion to Make Rule Absolute upon the person and in the manner indicated below, which service satisfies the requirement of Pa. R.C.P. 440: Service by first class mail, addressed as follows: Nicole Zinn 69 West Main Street, Apt 2 Mechanicsburg, PA 17055 The Gingerbread Man 26 West Main Street Mechanisburg, PA 17055 Business Office: 114 E. Allen Street Mechanicsburg, PA 17055 Respectfully Submitted, Date: ! By: Mark DiSanto; Attorney PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 ?. J l ? Pl t ' ? .... ?.^. ?,_ _.J' to ?4 . In the Court of Common Pleas Cumberland County, Pennsylvania Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiffs V. Nicole Zinn 69 West Main Street, Apt 2 Mechanicsburg, PA 17055 Defendant Docket No.: Writ No.: Amount Due: Principal: Interest to Clerk's Cost: Sheriff's Cost: Total (as of ATTACHMENT ORDER ,SAM 12 2006,r 05-3182 Civil Term $3,971.00 $ AND NOW, this day of 3 v? , 240*, 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, Douglas Johnson, and the Defendant's employer, The Gingerbread Man, 26 West Main Street, Mechanicsburg, PA 17055 (business office, 114 E. Allen Street, Mechanicsburg, PA 17055), it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, The Gingerbread Man, 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 Gingerbread Man, 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 Triple Crown Corporation agent for Bent Creek Limited Partnership 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 Triple Crown Corporation, 5351 Jaycee Avenue, Harrisburg, PA 17112. y l So Ordered, By the Court C, s r.? Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 05-3182 Civil Term Nicole Zinn 3822 Claverton Road CIVIL ACTION - LAW Mechanicsburg PA 17050 Defendant Praecipe to Enter Appearance for Judgment 1. Kindly enter the appearance for Mark X. DiSanto, Attorney for the plaintiff - PA Bar #51090. To: Court of Common Pleas Prothonotary A-a8-08 Date -wlal ' ku Mark X. DiSanto, PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 ..?, ?"'°r ?: ? ;° , r"- • rt °? °tc; -? ? ?- :> ?,- ? ., ?:... t+.? r= ?_ e ? .. x?' ? _?^,r Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Nicole Zinn 3822 Claverton Road Mechanicsburg, PA 17050 Defendant 1. Judgment is paid in full. 2. Please satisfy this judgment. To: Court of Common Pleas Prothonotary 4Q - 1 g. of Date IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3182 Civil Term CIVIL ACTION - LAW Praecipe to Satisfy Judgment Mark X. DiSanto, A ar #510 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 ?,? ?- s:r? ??? s°? r.. •- =? `? • __ _. ? r?,.? ??? ??J ?.? ..?