HomeMy WebLinkAbout05-4559
THIS IS TO NOTIFY YOU THAT:
Judgment: POR PLAIRTIPP
[!J Judgment was entered for: (Name) PRAlIfCO. BLISSB
o Judgment was entered against SPDCBR, JESSICA
LIJ Landlord/Tenant action in the amount of $ 2.900.00 on 7/28/05 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 610.00.
The total amount of the Security Deposit is $ .00
Total Amount Established bl1 MDJ Less. Security Deposit ApQlied = Adjudicated Amount
Rent in Arrears $ 1, ~20. 00 - $ .00 = $ 1,220.00
Physical Damages Leasehold Property $ 916.00 - $ .00 = $ 916.00
Damages/Unjust Detention $ 620.. 00 $ 00 = $ 620 00
Less Amt Due Defendant from Cross Complaint $ .00
Interest (if provided by lease) $ 00
LIT Judgment Amount $ 2 756 00
Judgment Costs $ 144.. 00
Attorney Fees $ 00
Total Judgment $ 2,900.00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
[!] Possession granted if money judgment is nOI Sal/Slieu lJY lime Or eVlcllon.
o Possession not granted. 0 Defendants are jointly and severally liable.
COMMONWEAL TH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dis! No;
09-1-01
MDJ Name Hon
CHARLES A. CLBIIDT, JR
Address 400 BRIDGE ST
OLDE TOWRB CODORS -SUITE 3
BBW CUMBERLAND, PA
Telephone: (717 ) 774-5989 17070
ELI SSE PRABCO
317 BAGLE LARDG CT APT/STE J
ODBBTOR, MD 21113
o
o
o
Attachment Prohibited/
42 Pa.C.S. S 8127
This case dismissed without prejudice.
Possession granted.
;),CJos-- LlS'j-? c/~"1
NOTICE OF JUDGMENTITRANSCRIPT
PLAiNTiFF RESIDENTI~!wE~O~~~S~
rpRABCO, ELISSE I
317 BAGLE LARDG CT APT/STE J
ODBBTOR, MD 21113
L ~
VS.
DEFENDANT:
'sPDCER, JESSICA
PO BOX 61665
HARRISBURG, PA 17106-1665
L
NAME and ADDRESS
I
~
1&
Docket No.: LT-0000422-05
Date Filed: 7/15/05
in a
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 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 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 MAYBE 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.
JUt 2 8 2005 Date
certl y t at t IS is a true an
9/2/2005 Date
Mv commission expires first Monday of January, 2008.
AO'PC315A_05
, Magisterial District Judge
e JU gment.
, Magisterial District Judge
SEAL
0 r-> 0
=
c = .,.,
<-n
~ ~ ::.? (/) .....
~ ~ ::r:
'" [-n:D
~ -':-j r:;::
~ -0" ,
I ::~:JY
-d- <::f: ~ N I;:: C.)
~ - ,~ """"';-1";
\;';.- ..", ~~ i~s
~ :::JJ:
0<) I . 'sm
~. :>-..") c. r:-? "-'
~ ~ w ?il
-t:.. 11 -<. -J .<
:f>
.:.:)
~ n
()
.~~ ~
_..l\.'____.....-.-..-....-_.,....."'.""".,.,.~.".~'........,-~...,'_
William A. Duncan
1.D. # 22080
I Irvine Row
Carlisle, pAl 70 I 3
(717) 249-7780
Attorney for Plaintiff
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF .
: CUMBERLAND COUNTY, PENNSYLVANIA
ELISSE FRANCO,
vs.
: CIVIL DIVISION
JESSICA SPENCER,
DEFENDANT
: NO. 2005-4559
PETITION FOR A RULE TO SHOW CAUSE WHY AN ORDER
GRANTING WAGE ATTACHMENT SHOULD NOT ISSUE
AND NOW, comes the Plaintiff, EIisse Franco, by and through her attorney, William A.
Duncan, ane! hereby moves this Honorable Court to issue a Rule to Show Cause as to why relief
in the instant Petition should not be granted upon the Defendant, Jessica Spencer, and the
Defendant's employer, Knight Transportation, located at 1076 Harrisburg Pike, Carlisle,
Pennsylvania 17013, and in support thereof avers as follows:
I. This matter arises out of a dispute concerning a Residential Lease.
2. Judgment was entered against the Defendant by District Justice, Magisterial District
09-1-01 on July 28,2005. A copy ofthe District Justice judgment is attached hereto as Exhibit
"A".
3. Judgment was filed in this Court on September 2,2005 to the above captioned term
and number.
4. Defendant is currently employed at Knight Transportation, located at 1076 Harrisburg
Pike, Carlisle, Pennsylvania 170 I 3.
5. Pursuant to 42 Pa. C.S.A. section 8127, Plaintiff is entitled to garnish 10% of the net
wages per pay period of Defendant, the judgment debtor-tenant.
6. 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. A copy of the proposed Rule to Show Cause and a copy of the proposed Attachment
Order are attached hereto.
Wherefore, Plaintiff requests that this Honorable Court issue the proposed Rule to Show
Cause against the Defendant Jessica Spencer and the Defendant' employer Knight
Transportation, located at 1076 Harrisburg Pike, Carlisle, Pennsylvania 17013.
Respectfully submitted,
vU~c
William A. Duncan
Attorney LD. 22080
I Irvine Row
Carlisle, PA 17013
717-249-7780
~.
VERIFICATION
I, William A. Duncan, verifY that the statements made Jin this Petition constitute legal
conclusions and matters of record. The statements made 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. section 4904, relating to unsworn falsification to
authorities.
\0
~
\
O~
~i'~~~
Attorney for Plaintiff
Date:
.'-~ _.,..._._-~----_..~--..........-~._- ...-- -.....,...-- ...,,-.-...... ---
CERTIFICATE OF SERVICE
AND NOW, this
day of October, 2005, the undersigned does hereby certifY
that he did, on this date serve a true and correct copy ofthis Motion upon Defendant by regular
mail to the below address:
Jessica Spencer
P.O. Box 61665
Harrisburg, P A 17106-1665
Knight Transportation
1076 Harrisburg Pike
Carlisle, P A 17013
t cGv'---
09-1-01
J()05- lfS57c/~il
NOTICE OF JUDGMENTITRANSCRIPl
P.LAINTIFF: RESIDENTI~~E~'~~~s~
li1turco. BLISSI:
317 BAQLB LARDG CT APT/STB J
ODDTOlll'. lID 21113
L
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CtIIIBpr....rn
Ma9' o.:st No.; . .
MDJ Name: Hon_
~1'~1!S A.. CT......:_'];, JB.
"'dco," 400 BJlIDO. ST
OLDB TOWIlI: COIIIIOlIl'B - SUI'1'I!I: 3
lIl'BIf CtJIIll-r....." PA
T".p',.". (717) 774-5989 17070
VS.
BLISSB P1lAJICO
317 BAGLB LARDG CT APT/STB J
ODDTOlII. lID 21113
DEFENDANT: NAME and ADDRESS
r&PDCJUt, JESSICA
PO BO% 61665
BAJlJlISBURG. PA 17106-1665
L
Docket No.: LT-OOOOt22 - 05
Date Filed: 7/15/05
.Jdb_
~
THIS IS TO NOTIFY YOU THAT:
Judgment: POJl pT." T"'rl'l'
[!] Judglnentwasentered for: (Name) I'JUUICO; arBS.
o Judgment was entered against BPDCO, JESSICA in a
LIJ LandlordfTenant action in the amount of $ 2.900.00 on 7/28/05 (Date of Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 610.00.
The total amount of the Securi Deposit is $ .00
. Total Amount Established b'l MDJ Less' Security Deposit Api:1lied _ = Adjudicated Arnouont
Rent m Arrears $ 1,:0120.00 -$ .00 - $ 1,220. 0
Physical Damages Leasehold Property $ . 916 .00 -$ .00 = $ 916.00
Damages/Unjust Detention $ 620.00 -$ _00 - $ 620.00
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ 00
UT Judgment Amount $ :I, '7 !>li 00
Judgment Costs $ 1.....00
Attomey Fees $ 00
Total Judgment $ 2,900.00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
y Ime 0 eVlc 10 .
o Defendants are jointly and severally liable.
o
o
o
Attachment Prohib~edl
42 Pa.C.S. ~ 8127
This case dismissed without prejudice.
Possession granted.
[j
Possession granted if money judgment is no sa IS
Possession not granted.
IN AN ACTION INVOLVING A RESIDENTIAL lEASE, ANY l'ARTY HAS THE R1Girno Al'PEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FlUNG A NOTICE OF APPEAL WITH THE l'ROTHONOTARYlClERK OF COURTS
OF THE COURT OF COMMON l'lEAS, CIVIL DIVISION. THIS Al'l'EAL WILL INCLUDE AN Al'l'EAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE Al'PELLANT MUST DEl'OSIT 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 l'ARTY WISHES TO APl'EAl ONLY THE MONEY l'01l1l0N 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 FlUNG AN APl'EAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTfTRANSCRlPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE l'ROVlDED IN THE RULES OF CIVIL l'ROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER l'ROCESS MUST COME FROM THE COURT
OF COMMON l'LEAS 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 REOUEST FOR ENTRY OF SATlSFACll0N WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS tN FULL.
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
JUt 2 8 2005 Date
ce ryt a I IS IS a true an
9/2/2005 Date
Mv commission expires first Monday of January, 2008.
AOf>C 315A-05
SEAl
0 ,...., ~
<::. c ~
~ '""':!~? ..-\
-~ '$ <n [f,~
I:'.':i rn
l) ~ -0 -0 -n
~ Sf: ~,~:i , ' ( ::jQ
~ t'V 1;;:0
S. lQ ~:.'c -r""f(
--0 .,,- ..~\
0.:) ~,~; \ :% ~:;;B
&\.( ,;~-rn
~- ~") ;~ ~::~ r:-? g
~ ~ :Jj,i
-4:... ~ '" :;.,;
-1
'K
~ ;)
~
<l>
'~'j...)
"7'~ ~
p
c
,.
-,(
1"-'
c:;'J
~~;
o
,"
--I
:r: --n
r;) f~~
::'7,~,:~
;-)'--'-'1
-j--...
co
.:;.-;.
_I,
r
--:
',.,1/-)
~_."~f\'\
""..-,,
w
::<.
-~.",
..;::,^
r.:>
N
.;;-
\Villiam A. Duncan
LD. # 22080
1 Irvine Row
Carlisle, PA 17013
(717) 249-7780
Attorney for Piaindff
()-
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
ELISSE FRANCO,
vs.
: CIVIL DIVISION
JESSICA SPENCER,
DEFENDANT
: NO. 2005-4559
RULE TO SHOW CAUSE
AND NOW, this ~ day of October, 2005, upon consideration of the forc>going
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, Jessica Spencer, and the Defendant's employer,
Knight Transportation, located at 1076 Harrisburg Pike, Carlisle, Pennsylvania 17013 to show
cause why the Petitioner is not entitled to the relief requested.
2. The Defendant shall answer to the Petition within 20 days of service by regular mail.
3. Notice of entry of this Order shall be provided to all parties and to the current
employer of the Defendant, Knight Transportation, located at 1076 Harrisburg Pike, Carlisle,
Pennsylvania 17013.
By the Court
v/
~'.....rP
( 0..::.
\ .-'"
"'\)
)
(',J
G\
~
William A. Duncan
I.D. # 22080
] Irvine Row
Carlisle, P A ] 70] 3
(7] 7) 249-7780
Attorney for Plaintiff
EL]SSE FRANCO,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVAN]A
vs.
: CIVIL DIVISION
JESSICA SPENCER.
DEFENDANT
: NO. 2005-4559
PETITION TO MAKE RULE ABSOLUTE
AND NOW, comes the Plaintiff, Elisse Franco, by and through her attorney, William A.
Duncan, and hereby moves this Honorable Court to make the Rule to Show Cause issued by this
Court Absolute and in support thereof avers as follows:
]. A Rule to Show Cause in the above-captioned matter was issued by this Court on
October] 9,2005 upon Defendant, Jessica Spencer and Defendant's employer, Knight
Transportation.
2. D.efendant and Defendant's employer were given twenty (20) days in which to
respond.
3. All parties were provided with notice of the entry of the Rule to Show Cause. A copy
of the Certificate of Service showing that the copies were mailed on October 26, 2005 is attached
hereto.
4. Twenty days have passed and no response has been filed.
WHEREFORE, Plaintiff requests that this Honorable Court issue an Attachment Order
upon Defendant Jessica Spencer and Defendant's employer, Knight Transportation.
Respectfully submitted,
l~
William A. Duncan
Attorney J.D. 22080
1 Irvine Row
Carlisle, PA 17013
717-249-7780
November 16. 2005
\ViiIiam A. Duncan
!.D. # 22080
I Irvine Row
Carlisle. PA 17013
(717) 249- 7780
Attorney for Plaiil:iif
0-
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
ELISSE FRANCO,
vs.
; CIVIL DIVISION
JESSICA SPENCEK,
DEFENDANT
: NO. 2005-4559
RULE TO SHOW CAUSE
AND NOW, this -'.:l day of October, 2005, 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:
I. A Rule is issued upon the Defendant, Jessica Spencer, and the Defendant's employer,
Knight Transportation, located at 1076 Harrisburg Pike, Carlisle, Pennsylvania 17013 to show
cause why the Pctitioner is not entitled to the re1iefrequested.
2. The Defendant shall answer to the Petition within 20 days of service by regular mail.
3. Notice of entry of this Order shall be provided to all parties and to the current
employer of the Defendant, Knight Transportation, located at 1076 Harrisburg Pike, Carlisie,
Pennsylvania 17013.
7
By the Court
j
./
.iAvJ
~~~~ Vc
~ ,~ TRUE COpy iPftOM '~HL:i....H'::
., 0-..:... 4 Y..,.~"l'.,l . " - _ -. -." -
">, 1,\ .",,-.~nlS,Y !!IllN("t, ' :l'e"
,\0 '~'l.;1 (O#-" ff l,.} _I-i t: ,~'
;'T...,,:1!!Ji' 1 ~~"?' ;;1;9' . ~J . '
'''., . J',Ul4' If '~.
". It
~<.. ' .....-
.I.
)
William A. .Duncan
I.D. # 22080
I Irvine Row
Carlisle, P A 17013
(717) 249-7780
Attorney for Plaintiff
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ELISSE FRANCO,
vs.
: CIVIL DIVISION
JESSICA SPENCER,
DEFENDANT
: NO. 2005-4559
CERTIFICATE OF SERVICE
I, Susan J. Hartman, Esquire, do certifY that copies ofthe Rule to Show Cause issued on
the above-captioned matter were provided to all parties by pre-paid, United States mail on
October 26, 2005 to the following addresses:
Jessica Spencer
P.O. Box 61665
Harrisburg, P A 171 06-1665
Knight Transportation
1076 Harrisburg Pike
Carlisle, P A 17013
By:
/7 f~
L-f..-/J /-.-? - -z:et:;;;__~
/ ~'"~m J. "",,;;K ..
""'""""'1"""'"11 R-"'~ r'"'~, If-W II ~
W:i~ 1'''1111''"'' II ., .," r ....1 \ ......... I
U <:: or.<::Tl:>\ <:'Fl'l\/Wr
W
P'
CERTIFICATE OF MAILlNG_
'T
g H~J
, 0 ala
c.,~
/ /,~~':DL c
, ":o.1..j ::v C/l
/3' -r-o.
i.ON-.....J......:n
.. .. - -.'t 29J~~8~
rv "--I 'Wf'Tl (/)
1~.',_O. --l
,__,,~, Ul~~
. . rn
DUNCAN & HARTMAN, P.C.
Attorneys at Law
1 Irvine Row
Carlisle, PA 17013
One piece of ordinary mail address'~d to:
K" :~""t-/(-t\.M.tlfD\-ta+..~V)
~O/~ H/l\Ti~K~
G" I,'~(e~ J7t"J/3
PS Form :~817, Mar. 1989
U.s. POSTAL S~RVICE
MA'
PRO
CERTIFICATE OF MAILING
R.
DUNCAN & HARTMAN, P.C. - g. H ~j
Attorneys at law .~. ~ ~ Q
1 Irvine Row ~,,;,,%"\~~
Carlisle P^ 17013 #"""". \
, /"'\ .-:f "/'a'. '-. \
. "'V
I ...;tJ!~ ' ' \ \
-[ [k I
One piece o! ordinary mail addressed to:
~o<;~: ~~ f::er'~";r;~~
Htl.\Ti5hU'1 ~ I7lo~ _({;( (0
""",'
/?5 Q ~
:t>'-l :::0 (/)
3. -r'l-
ON".-<:P
ccnO(l)......""tI
z.-roo
-I .wrn C/l
o . -;
tJ1 " :I>
:I> co
rn
PS Form 3817, Mar. 1989
William A. Duncan
J.D. # 22080
I Irvine Row
Carlisle, PA 17013
(717) 249-7780
Attorney for Plaintiff
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF .
: CUMBERLAND COUNTY, PENNSYL VANIA
ELISSE FRANCO,
vs.
: CIVIL DIVISION
~,
r)
-.-~-I
JESSICA SPENCER,
DEFENDANT
: NO. 2005-4559
PETITION FOR A RULE TO SHOW CAUSE WHY AN ORDER
GRANTING WAGE ATTACHMENT SHOULD NOT ISSUE.
..t.::~
"
r:-~) __:J^
AND NOW, comes the Plaintiff, E1isse Franco, by and through her attorney, \jyilli~ A:,l
Duncan, am! hereby moves this Honorable Court to issue a Rule to Show Cause as to why relief
in the instant Petition should not be granted upon the Defendant, Jessica Spencer, and the
Defendant's employer, Knight Transportation, located at 1076 Harrisburg Pike, Carlisle,
Pennsylvania 17013, and in support thereof avers as follows:
I. This matter arises out of a dispute concerning a Residential Lease.
2. Judgment was entered against the Defendant by District Justice, Magisterial District
09-1-01 on July 28, 2005. A copy of the District Justice judgment is attached hereto as Exhibit
"A",
3. Judgment was filed in this Court on September 2, 2005 to the above captioned term
and number.
4. Defendant is currently employed at Knight Transportation, located at 1076 Harrisburg
Pike, Carlisle, Pennsylvania 17013.
5. Pursuant to 42 Pa. C.S.A. section 8127, Plaintiff is entitled to garnish 10% of the net
wages per pay period of Defendant, the judgment debtor-tenant.
6. 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 8] 27.
7. A copy of the proposed Rule to Show Cause and a copy of the proposed Attachment
Order are attached hereto.
Wherefore, Plaintiff requests that this Honorable Court issue the proposed Rule to Show
Cause against the Defendant Jessica Spencer and the Defendant' employer Knight
Transportation, located at 1076 Harrisburg Pike, Carlisle, Pennsylvania 17013.
Respectfully submitted,
\ ;[')jI A
/{;lVt;t~{,'0t C {Lie'\.,_
William A. Duncan
Attorney LD. 22080
1 Irvine Row
Carlisle, PA 17013
717-249-7780
VERIFICATION
I, William A. Duncan, verify that the statements made in this Petition constitute legal
conclusions and matters of record. The statements made 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. section 4904, relating to unsworn falsification to
authorities.
Date;
1 (",
\~ ---/
\.
I',
~-;1
!. ,j
v
I
i
t:',)
(.
\
\
\
/l
~ J)
J' L. L/vU:: {L.{
/\
'..
Wilh A. uncan, Esquire
Attorney for Plaintiff
CERTIFICATE OF SERVICE
( LI'ft
AND NOW, this May of October, 2005, the undersigned does hereby certifY
that he did, on this date serve a true and correct copy ofthis Motion upon Defendant by regular
mail to the below address:
Jessica Spencer
P.O. Box 61665
Harrisburg, P A 17106-1665
Knight Transportation
1076 Harrisburg Pike
Carlisle, PA 17013 .
l/t/l~a~{t 1 c {L/~-"
William A Duncan
Q ~ Q.
c- $
~ -;.}~f ~ .....
<:: ~ ~ :I;,:r\
~:.\~ ;- : p'r-:::
-:v ....0 -om
Ol ..- - - ~ \ :_C)t?
-::r- Sf:: (.n ('.) () ,
0\ -".- ::;;0
& et:.:'. '""" ..>:\.i\
E;> :-~~; ( ~ I~~;:::'
~ 5 ~f~
0<) :;'12:~ ":? 0
~- "'"
"'-") ~ 'l.~
.- ~ '-" B.
-I:.. .....- -'
~ ;;:>
~ ~
''<:r-) ~
,_; 'v'
'iI~
( t".,'
, C)
~.r~ -n
:;-1:
e-
G"\
-:")
r:',? .,
..:J
C;:, .<
William A. Duncan
1.D # 22080
] Irvine Row
Carlisle, P A ] 70] 3
(717) 249-7780
Attorney for Plai
-.
r- '" r~ "7 ".V I~- r.'"
-.<..;\~:;""' ~.j -A...~ 1..-# J
tiff NOV 1 II LOOS
\
BY:
ELISSE FRANCO,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
VS.
: CIVIL DIVISION
JESSICA SPENCER,
DEFENDANT
ATTACH~
Day of \,) ( , ,2005, upon consideration of
: NO. 2005-4559
AND NOW, this tb
the foregoing Petition For a Rule to Show Cause Why an Order Granting Wage Attachment
Should Not Issue, no response being filed by the Defendant Jessica Spencer, it is hereby
ORDERED and DECREED as follows:
1. The Defendant's current employer, Knight Transportation, located at 1076 Harrisburg
Pike, Carlisle, Pennsylvania 17013, and all subsequent employers of the Defendant are hereby
ORDERED to garnish the wages of the Defendant in the amount of 10% of her net wages per pay
period until the judgment in this matter is marked satisfied.
2. The Defendant's current employer, Knight Transportation, and all subsequent
employers ofthe 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 Plaintiff, 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 Plaintiff, Elisse Franco, 3175 Eagle Landing Court, Odenton, MD
rjJ
\ \/ \t'
By the Court
21113.
J.
)
>-
a'
~?
~f-.
0""
,
en
c';"
,.:...
c:._
\.0
~~:r'-'
,~
~
\,r.-'
c:-..;'
~~
l_)
William A. Duncan
1.D. # 22080
1 Irvine Row
Carlisle, P A 17013
(717) 249-7780
Attorney for Plaintiff
ELISSE FRANCO,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL DIVISION
JESSICA SPENCER.
DEFENDANT
: NO. 2005-4559
PETITION TO MAKE RULE ABSOLUTE
AND NOW, comes'the Plaintiff, Elisse Franco, by and through her attorney, William A.
Duncan, and hereby moves this Honorable Court to make the Rule to Show Cause issued by this
Court Absolute and in support thereof avers as follows:
I. A Rule to Show Cause in the above-captioned matter was issued by this Court on
October 19, 2005 upon Defendant, Jessica Spencer and Defendant's employer, Knight
Transportation.
2. D.efendant and Defendant's employer were given twenty (20) days in which to
respond.
3. All parties were provided with notice of the entry of the Rule to Show Cause. A copy
of the Certificate of Service showing that the copies were mailed on October 26, 2005 is attached
hereto.
4. Twenty days have passed and no response has been filed.
WHEREFORE, Plaintiff requests that this Honorable Court issue an Attachment Order
upon Defendant Jessica Spencer and Defendant's employer, Knight Transportation.
Respectfully submitted,
'l~~
William A. Duncan
Attorney I.D. 22080
I Irvine Row
Carlisle, P A 17013
717-249-7780
November 16, 2005
Wiiliam A. Duncan
!.D. # 22080
I Irvine Row
Carlisle. PAl 7013
(717) 249-7780
Attorney tOI' Plaiil~iif
1-
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
ELISSE FRANCO,
vs.
; CIVIL DIVISION
JESSICA SPENCER,
DEFENDANT
: NO. 2005-4559
RULE TO SHOW CAUSE
AND NOW, this --'.:'1 day of October, 2005, 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:
I. A Rule is issued upon the Defendant, Jessica Spencer, and the Defendant's employer,
Knight Transportation, located at 1076 Harrisburg Pike, Carlisle, Pennsylvania 17013 to show
cause why the Petitioner is not entitled to the relief requested.
2. The Defendant shall answer to the Petition within 20 days of service by regular mail.
3. Notice of entry of this Order shall be provided to all parties and to the current
employer of the Defendant, Knight Transportation, located at 1076 HatTisburg Pike, Carlisle,
~~~~
~(., ,::...~ TRUll':! con'", '::'l'fr'\'~~ Ii' ;,
.;~ f: ""1 r.~"",,~ ,~~.
'., ~ ~ T,,,.l':"".^ ,', ,.',
'."" 1,1 .t\,,.,,tl'N'YW!l,)'l:,.t, I .,';:-
D .~w{'l........ttl."~'"I_~t'''
~ ,~ ""'.',' t" ~:;'"~ . "'.. .
;'t~_.dZlkf'f tj)A ',II
.,.., n!./W4' 1f ,'11'
v/
7
}
//
.{A,v;'
Pennsylvania 17G13.
By the Court
.r.
;4~)
.."<.,~ ':.i.!';a"f
_.1." ';... .
)
William A. .Duncan
J.D. # 22080
1 Irvine Row
Carlisle, PA 17013
(717) 249-7780
Attorney for Plaintiff
ELISSE FRANCO,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL DIVISION
JESSICA SPENCER,
DEFENDANT
: NO. 2005-4559
CERTIFICATE OF SERVICE
I, Susan J. Hartman, Esquire, do certify that copies of the Rule to Show Cause issued on
the above-captioned matter were provided to all parties by pre-paid, United States mail on
October 26, 2005 to the following addresses:
Jessica Spencer
P.O. Box 61665
Harrisburg, PAl 7106-1665
Knight Transportation
1076 Harrisburg Pike
Carlisle, PA 17013
1 .0
By cL/-~~~r~
/ Susan J. Hart
~] r "<'"'~ ~7~~~ r/, r"~~ r'~l
-
,-
u c: Or\C;Tl'.1 <o..FR\I\('1"
CERTIFICATE OF MAILING
'T
~ H~
-~~~
....~~,c
, l~fi_fl-ulfl
'.ON-....I......::O
; 2P~~8~
, --< .wm Vl
/,0 -l
U; 'U :D
:D "
'"
N
PI
DUNCAN & HARTMAN, P.C.
Attorneys at Law
1 Irvine Row
Carlisle, PA 17013
One piece of ordinary mail addres~;ed to
-Kalf~hT T\Cw\.<1pD\~+,'~v)
~OI(P Ht1\Ti::.In......~K<'"
c.JrU~le Pit- 17{')/3
PS form 3817, MaT, 1989
U.s. POSTAL SERVICE
MA'
PRO
CERTIFICATE OF MAILING
R,
DUNCAN & HARTMAN, P.C. ~ H ~J
Attorneys at Law ~~ ~ ~ Q
1/rvine Row "r~'"~,,.,;;f'. ':-,,""
Carlisle, PA 17013 /"'"'\;;11/ >
lie !
ji'R .Q ~
:D-l ::D Vl
:3 -r-u,
QN-...J......:I>
c:O')=(/).....-o
z. -roo
-! .wrn (/)
o . -<
U; " :D
:D "
'"
CT'p"',,,,,: G::. S peV1c.er
9 c 1-3~y_ tot fa b::;-
HCl.".. shw. 'i Rt t7/0~ -({,(
One piece of ordinary mail addresseo to:
PS Form 3817, Mar. 1989
William A. Duncan
LD. # 22080
I Irvine Row
Carlisle, PA 17013
(717) 249-7780
Attorney for Plaintiff
ELlSSE FRANCO,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL DIVISION
JESSICA SPENCER,
DEFENDANT
: NO. 2005-4559
0~
PETITION FOR A RULE TO SHOW CAUSE WHY AN ORDER
GRANTING WAGE A TT ACHMENT SHOULD NOT ISSUE'
i;?
AND NOW, comes the Plaintiff, Elisse Franco, by and through her attorney, .willi~i!h A.
Duncan, anc! hereby moves this Honorable Court to issue a Rule to Show Cause as to why relief
in the instant Petition should not be granted upon the Defendant, Jessica Spencer, and the
Defendant's employer, Knight Transportation, located at 1076 Harrisburg Pike, Carlisle,
Pennsylvania 17013, and 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, Magisterial District
09- I -0 I on July 28, 2005. A copy of the District Justice judgment is attached hereto as Exhibit
"A".
3. Judgment was filed in this Court on September 2, 2005 to the above captioned term
and number.
4. Defendant is currently employed at Knight Transportation, located at 1076 Harrisburg
Pike, Carlisle, Pennsylvania 17013.
5. Pursuant to 42 Pa. C.S.A. section 8127, Plaintiff is entitled to garnish 10% of the net
wages pcr pay period of Defendant, the judgment debtor-tenant.
6. 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. A copy of the proposed Rule to Show Cause and a copy of the proposed Attachment
Order are attached hereto.
Wherefore, Plaintiff requests that this Honorable Court issue the proposed Rule to Show
Cause against the Defendant Jessica Spencer and the Defendant' employer Knight
Transportation, located at 1076 Harrisburg Pike, Carlisle, Pennsylvania 17013.
Respectfully submitted,
\;l;la4+,"~j
William A. Duncan
Attorney 1.0. 22080
1 Irvine Row
Carlisle, PA 17013
717-249-7780
C GC>C/'\,_
VERIFICATION
I, William A. Duncan, verify that the statements made in this Petition constitute legal
conclusions and matters of record. The statements made 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. section 4904, relating to unsworn falsification to
authorities.
Date:
\ (i
~. ......~
I?)
v
!
,
I
\
')
~
\
\
\
~
/l
c\ ~
1 h. I
, '! .{;VvU: (~/l/,\
Wilh'a1'i1i\.. uncan, Esquire "
Attorney for Plaintiff
CERTIFICATE OF SERVICE
(. LI / i iftll
AND NOW, this ~ !lay of October, 2005, the undersigned does hereby certifY
that he did, on this date serve a true and correct copy of this Motion upon Defendant by regular
mail to the below address:
Jessica Spencer
P.O. Box 61665
Harrisburg, P A 171 06-1665
Knight Transportation
1076 Harrisburg Pike
Carlisle, PAl 7013
~/L/t<?.ceJ/t{.L t c (~L,~
William A. Duncan
THIS IS TO NOTIFY YOU THAT:
Judgment: POR PLA:I:!I1"l":IP'P'
[!J Judgment was entered for: (Name)' l!'RAIIJCO;- BLISS!:
Judgment was entered against . SPBlfCER, JESS:rCA in a
[i] LandlordfTenant action in the amount of $ 2,900.00 on 7/28/05 (Date of JUdgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ 610.00.
The total amount of the Security Deposit is $ .00
Total Amount Established b'l MDJ Less' Security Deposit ApQlied _: Adjudicated Amount
Rent in Arrears $ 1,220.00 - $ . DO - $ 1,220.00
Physical Damages Leasehold Property $ . 916.00 - $ .00 $ 916.00
Damages/Unjust Detention $ &20 _ on - $ _ 00 $ &20 _ 00
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ 00
UT Judgment Amount $ 2.75&.00
Judgment Costs $ 144 _ 00
Attorney Fees $ DO
Total Judgment $ 2,900.00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
[!] Possession granted if money judgment is nOI sallSllea oy lime 01 eVIClIon.
o Possession not granted. . 0 Defendants are jointly and severally liable.
COiviMO?,fvVE/\L TH OF PENNSYLVANIA
COUNTY OF: Ctl:MJilB'1i'.LA:OlD
~iS(NO.
09-1-01
MOJ Name He['\
CaIRLES A. CLEMENT, JR
Ad,,,,, 400 BRIDGE ST
OLDE TOWNE COMMONS -SUITE 3
NIDf CUHBEl.U.AND, PA
T",ph"". (717) 774-5989 17070
BLISSE P'RAIl'CO
317 BAGLE LANDG CT APT/STE J
ODEHTOH, MD 21113
o
o
o
Attachment Prohibited/
42 Pa.C.S. S 8127
This case dismissed without prejudice.
Possession granted.
') ')0'- , I; r- -Q .. ,
. O\L ,) - "75)1 en-:;-'
NOTICE OF JIJDGMENTrrR.:\NSCR!
PLA'NTI-- RESIDEl\rn.4L LEASE
" r-r. N,\M( anoAOD\1ESS
fjoRANCO, ELISSE
317 EAGLB LANDG CT APT/aTE J
ODEllTON, :MD 21113
L
VS.
DEFENDANT: NAME arid ADDRESS
fjpBlfCER, JESSICA
PO BOX 61.665
HARRISBURG, PA 17106-1665
L
Docket No.: LT-0000422- 05
Date Filed: 7/15/05
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 COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDERTO 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 ONL YTHE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DA YS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARYICt.ER'K OF
COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTlfRANSCRIPT FORM WITH THE NOTICE OF APPEAL
EXCEPT AS OTHERWISE PROVIDED iN THE RULES OF CIVtL PROCEDURE FDA MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOWER 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 ISSUEO 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 DEaTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPt.lES WITH THE JUDGMENT.
JUt 282005 Date ~ Q. ~'-
certl y t at t IS IS a true and ~~ tc:t~ft
-.3i2./2QOS ."=_~__ J. -'01k
, Magisterial Dri1>rl"~x~~a1f~'\ill;l
ontalning the judgment. "ll" __________ ~,
, , Magisterial Dll,. _
(1 ~ Q,
c:. <0>
<:: ~ 2' ,,"
-~ $ ~,)~\~-'.' en ......
rn ff;~
l:I ~ -n
-0(1]
-::r- Sf: .:n \ -,,0
~ ~ ~., . N 1~26
~ :;::c ...-r":'
'"'" ...~- -,-I
~ >. /~---
cA /' :J>: ~'.1'O
'>t. .,~.~. ( 6('0
~- 7'-> 7C: ~ ::ol
~ ~ :J:'
--I:.. ~ "'" :~
-<:. -'
S-
~ .;,:)
'"
<:>
.,<'5') '~",
....7. ,
,
C ;:.:..~
C)
,-" -n
c
c..,
~
- ^
1"")
,- ::J
C:J .<