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HomeMy WebLinkAbout05-5554t COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Meg Des. No 09-3-04 DJ Name. Hon. THOMAS A. PLACEY ^~~1y51.104 S SPORTING HILL RD MECHANICSBURG, PA .17050 NOTICE OF~+J`U,DGMENCT(TRANSCRIPT PLAINTIFF: CIVIL. CASE NAPdE anp ApORESS rBENT CREEK LIMITED PARTNERSHIP ~ 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L J VS. DEFENDANT. NAme and ACORESS ~GARCIA,.EMIR, ET AL. ~ 2305 IONOFF ROAD HARRISBURG, PA 17110 BENT CREEK LIMITED PARTNERSHIP L J 5351 JAYCEE AVENUE DocketNo.:CV-0000721-04 ~, HARRISBI712G, PA 17112 Date Flled: 11/18/04 ' -as:s THIS IS TO NOTIFY YOU THAT: -Jvd^yT?ci ~i: a' } ?TEQ TT•T?Unr1k~F,lsTT=..T, p::* Judgment W2S entered tor: (Name) RENT (•$$F.Tt T.TMTTRrI pARTNF.R~`HTP Judgment was entered against: (Name) C+ARCTA. 7.A7.AR0 in the amount of $ a, 007.9" on: {{ Defendants are jointly and severally liable. C. ~ Damages will be assessed on: p ~ This case dismissed without prejudice. Amount of Judgment Subject to AttachmenU42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) T J'nJoS ' (Date & Tlme) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $_. Post Judgment Costs $- Certified Judgment Total $_ ANV PARTY HAS:THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE .._ _ _ OPAP~EAI'VNIYH''i`H"i~''~dtlT~i'b~5b"1~1KTi"°tOT"~'Cl~('`~'~'41~"CCSUt?'Y'b"'~vb(vif~tD1G"(~i".EAB;°OIVILbIVfSfOt•7:'YOU' -~ _. MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT I (OLDER 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 DISTRICT JUSTICE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT M.;Y FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. - 1b Date , f~tstrict Justice I Certify that this is a true a corr o t e re ord of t e edings containing the judgment. 10 Date _ ,District Justice My commission expires first Monday of January, 2010. SEAL aoacs~s-oa DATE PRINTED: 1j20/OS 10:07:24 AM r n, = . _ ,~ ri _ _. ~? ,~ -1- _~.. (: i _:- r .. ^i r.a rv } COMMONWEALTH OF PENNSYLVANIA r:nl INrv ~F CUMBERLAND Mag Disc. Nc 09-3-04 ~~ name ~~o~ THOMAS A. PLACEY Ao°°s` 104 S SPORTING HILL RD MECHANIC5BURG, PA Te,a~~,e:,a 17171 761-5230 '- 17050° BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 NOTICE OF JUDGMENT/TRANSCR{PT PLAINTIFF: CIVIL CASEnagppREs rBENT CREEK LIMITED PARTNERSHIP ~ 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L J VS. DEFENDANT: vnn+e and A~caESS ~GARCIA, EMIR, 'ET'AL. ~ -2305 IONOFF ROAD. 'HARRISBURG, PA 17110 L J r DocketNo.: CV-0000721-04 Date Filed: 11/18/04 asa -xs. JudgmeriP. ~ , nmm ~ T TT MLNT` ZTF Judgment was entered for: (Name) $F~$FFiC T~JMTTFTf PARTNFR$HTP JUdgment Was Entered against: (Name) ARCTA, F.MTR THIS IS TO NOTIFY YOU THAT: in the amount of $ 3 n07 _93 on: (Date of Judgment) ~20/n5 defendants are jointly and severally liable. (Date & Time) Damages wlll be assessed on' Amount of Judgment $ 2.`x21.93 Judgment Costs $, 86.00 Interest on Judgment $ • 00 This case dismissed without prejudice. Attorney Fees $_ .00 - 'Total $!x07.93 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $~ ~~ Post Judgment Credits $_ Portion of Judgment for physical ~ Post Judgment Costs $ damages arising out of residential !, °°--- ------ lease $ (Certified Judgment Total $^ t ANY PARTY HAS SHE Rf("+HT TO APPEAL WITHIN39 DAY6 AFTER THE.ENTRY OF JUDGMENT BV FILING ANOTICE . ,. . ERK OF THE~COURT ~F COMMONPLEAS, CIVIL DIVISION YOU OF APPEAL WITH THE PgOTMONOT'ARY7CL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITHYOUR 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 MAY BE 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 PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~~ Dafe - I f f certify thaithls is a true 7,0 05 Date _ My commission expires first Monday of January, 2010 . If the record -GC' ,,District Justice ings containing the judgment. District Justice SEAL AoPCSIS-os DATE PRINTED: 1/20/05 10:07:18 AM ~.. ~ ..~ _J N ~ {, O ~. S ~'s V ~~ L` 1 ~; r- ~ ~~ li n _~ p ~ 9 ~~ U\ ~ ll + N "A:J .. _ ,` In the Court of Common Pleas Cumberland County, Pennsylvania Bent Creek Limited Partnership Docket No.: OS-5554 Civil Term 5351 Jaycee Avenue Writ No.: Harrisburg, PA 17112 Amount Due: $ Plaintiffs Principal: $ 3,007.93 Interest to $ V. Clerk's Cost: $ Lazaro Garcia Sheriff's Cost: $ 2305 Ionoff Road Total (as of ) $ Harrisburg, PA 17110 Defendant 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, Lazaro Garcia and the Defendant's employer, Nueva Esperanza Church, 5000 Devonshire Road, Harrisburg, PA 17109, 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 January 20, 2005 in the amount of $2,921.93, Docket Number CV-0000721-04. Post judgment costs increased this amount to $3,007.93, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on October 26, 2005, under Docket Number 05-5554 Civil Term in the amount of $3,007.93. 4. The Defendant is currently employed at Nueva Esperanza Church, 5000 Devonshire Road, Harrisburg, PA 17109. 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 F'a. C.S.A. Section 8127. 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, Lazaro Gazcia and his current employer, Nueva Esperanza Church, 5000 Devonshire Road, Harrisburg, PA 17109. Respectfully Submitted: Date: ~ " ~ _ V b _~,~ Mark X. DiSanto, Attorney, PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717j657-572.9 _ ;~. r? ~. ~,. .~ ;,~~ _y. t_ --- F w k \r/ JAN 1 2 X006 f l1 In the Court of Common Pleas Cumberland County, Pennsylvania Bent Creek Limited Partnership 5351 Jaycee Aveuue Harrisburg, PA 17112 Plaintiffs V. Lazaro Garcia 2305 Ionoff Road Harrisburg, PA 17110 Defendant Docket No.: Writ No.: Amount Due: Principal: Interest to Clerk's Cost: Sheriff s Cost: Total (as of RULE TO SHOW CAUSE OS-5554 Civil Term $ 3,007.93 AND NOW, this 1.3 rb day of SarJGry 2006, upon consideration of the r 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, Lazaro Garcia, and his current employer, Nueva Esperanza Church, 5000 Devonshire Road, Harrisburg, PA 17109, to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within "Z, 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, Nueva Esperanza Church, 5000 Devonshire Road, Harrisburg, PA 17109. ~~ ~~~~~ ~~ ~, By the Court: .-~ ~. Ci ~ u.~ ~' ~.y -.G `, r , _, ~~~'+' JAN Y 2 zuua ~~ In the Court of Common Pleas Cumberland County, Pennsylvania Bent Creek Limited Partnership Docket No.: 5351 Jaycee Avenue Writ No.: Harrisburg, PA 17112 Amount Due: Plaintiffs Principal: Interest to V. Clerk's Cost: Lazaro Garcia Sheriffs Cost: 2305 Ionoff Road Total (as of Harrisburg, PA 17110 Defendant OS-5554 Civil Term $ 3,007.93 $ 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, Lazaro Garcia and the Defendant's employer, Nueva Esperanza Church, 5000 Devonshire Road, Harrisburg, PA 17109, 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 January 20, 2005 in the amount of $2,921.93, Docket Number CV-0000721-04. Post judgment costs increased this amount to $3,007.93, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on October 26, 2005, under Docket Number OS-5554 Civil Term in the amount of $3,007.93. 4. The Defendant is currently employed at Nueva Esperanza Church, 5000 Devonshire Road, Harrisburg, PA 17109. 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, Lazaro Garcia and his current employer, Nueva Esperanza Church, 5000 Devonshire Road, Harrisburg, PA 17109. Respectfully Submitted: Date: ~ _ ~ ~ ~~ Mark X. DiSanto, Attorney, PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Lazaro Garcia 2305 Ionoff Road Harrisburg, PA 17110 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. OS-5554 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 9, 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 January 23, 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, Nueva Esperanza Church, 5000 Devonshire Road, Harrisburg, PA 17109, as well as all current or subsequent employers. Respectfully Submitted: Date: ~' ~ 7- Q ~ - ~~~ Pietro Leone, ttomey PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 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: Lazaro Garcia 2305 Ionoff Road Harrisburg, PA 17110 Date: 6~- ~~~ ~~ Nueva Esperanza Church 5000 Devonshire Road Harrisburg, PA 17109 Respectfully Submitted, ~~ Pietro Leone, Att ey PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 4 ~ RcC=iVE~J ~1AR t72'?0(YF. Bent Creek Limited Partnership IN THE COURT OE COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff .~ ~ Vs NO. OS-5554 Lazaro Garcia 2305 Ionoff Road CIVIL ACTION - I,AW Harrisburg, PA 17110 Defendant ATTACHMENT ORDER AND NOW, this (01~ day of _M~~, 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, Lazaro Garcia, and the Defendant's employer, Nueva Esperanza Church, 5000 Devonshire Road, Harrisburg, PA 17109, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Nueva Esperanza Church, 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, Nueva Esperanza Church, 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 at One Courthouse Square, Carlisle, PA 17013, 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. So Ordered, By the Court ~~ 1 n r ~~ Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Lazaro Garcia 2305 Ionoff Road Harrisburg, PA 17110 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. OS-5554 CIVIL ACTION -LAW PLAINTIFF'S MOTION FOR CONTEMPT OF COURT 1. On February 27, 2006, Plaintiff, Bent Creek Limited Partnership, filed for an Attachment Order. 2. On March 6, 2006, this Honorable Court issued an Attachment Order. (Exhibit A) 3. On March 6, 2006, this Honorable Court sent the Attachment Order to the Defendant and the Defendant's employer. 4. On May 23, 2006 a letter was sent to the Defendant's employer stating that a Motion for Contempt of Court will be filed for non-compliance to which the Defendant responded he would not allow the attachment. 5. Plaintiff has reasonable belief that the Defendant has instructed the employer not to follow court order. 6. As of the date of this motion the Defendant has not complied. 7. The Plaintiff is respectfully requesting a hearing be scheduled for resolution of this matter. Respectfully Submitted: Date: (~ - ~7 - ~~ Pietro Leone, Attorney, PA Bar #85127 5351 Jaycee Avenue, Hamsburg, PA 17112 717-657-5729 Pietro Leone, Attorney Page 1 of 1 Triple Crown Corporation, Inc. Motion for Contempt of Court Exhibit A RECEI`ilE~ ~~tR 0 ~ ~~ ~; Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 . Plaintiff Vs NO. OS-5554 Lazaro Gazcia . 2305 Ionoff Road CIVIL ACTION -LAW Harrisburg, PA 17110 Defendant ATTACHMENT ORDER AND NOW, this l9'~- day of _~~~ , 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, Lazazo Gazcia, and the Defendant's employer, Nueva Esperanza Church, 5000 Devonshire Road, Harrisburg, PA 17109, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Nueva Esperanza. Church, 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, Nueva Esperanza Church, 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 at One Courthouse Square, Carlisle, PA 17013, 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. So Ordered, By the Court ~'.'~c.iiri~"J f~e75~+p~~ y~ 5 a~ D. _~ ~~ r~ ca ~ C ° i =.. ' ~,,, "t' C7[':: .. '? '.. ~ i ~1 y t'fi - . ~ -..' "Q Lt "~i 1 l' (- ~' ~ ., BENT CREEK LIMITED PARTNERSHIP IN THE COURT OF COMMON PLEAS OF 5351 JAYCEE AVENUE :CUMBERLAND COUNTY, PENNSYLVANIA HARRISBURG, PA 17112 PLAINTIFF V. LAZARO GARCIA 2305 lonoff Road Harrisburg, PA 17110 DEFENDANT 05-5554 CIVIL ORDER OF COURT AND NOW, this 29th day of August, 2006, upon consideration of the Plaintiffs Motion for Contempt of Court, IT IS HEREBY ORDERED that: (1) A rule is issued upon the Defendant and Defendant's employer, Nueva Esperanza Church, to show cause why they should not be held in Contempt; (2) The Defendant and Defendant's Employer, Nueva Esperanza Church, shall file an answer to the Motion by September 20, 2006; (3) An evidentiary hearing shall be held on the 4th day of October, 2006, at 2:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse. By the Court, M. L. Ebert, Jr., J. } Pietro Leone, Esquire Attorney for Plaintiff Lazaro Garcia, Defendant 2305 lonoff Road Harrisburg, PA 17110 Nueva Esperanza Church 5000 Devonshire Road Harcisburg, PA 17109 bas ~i ~~~i S°;~~ i,a~~iVi ~.'~G~ o~ .£ ~~~ os ~n~ 9vo~ I~ifal0i~:c:)~~;;'d ~Ni ~0 ~~I~!_'.n..~ia11~ BENT CREEK LIMITED PARTNERSHIP IN THE COURT OF COMMON PLEAS OF 5351 JAYCEE AVENUE :CUMBERLAND COUNTY, PENNSYLVANIA HARRISBURG, PA 17112 PLAINTIFF V. LAZARO GARCIA 2305 Ionoff Road Harrisburg, PA 17110 DEFENDANT 05-5554 CIVIL ORDER OF COURT AND NOW, this 4th day of October, 2006, upon consideration of Plaintiff's Motion to Withdraw Motion for Contempt of Court and upon the representation that the Defendant has tendered the required payments, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiffs Motion for Contempt of Court is WITHDRAWN and the contempt action is closed. By the Court, ~~ M. L. Ebert, Jr., J. ietro Leone, Esquin Attor ey for Plaintiff azaro Garcia 1 Defendant bas J1~~~J ` ~ jj ..{{Ji L!. ..~4~ /~~~' \ J1' ~ ~ ~ ~ :sit 1.L .-'..E,.r Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Lazaro Garcia Emir Garcia 2305 Ionoff Road Harrisburg, PA 17110 Defendant 1. Judgment is paid in full. 2. Please satisfy this judgment. To: Court of Common Pleas Prothonotary ~- 7 - ~~ Date 1N THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. OS-5554 CIVIL ACTION -LAW Praecipe to Satisfy Judgment Pietro Leone, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 ~ rya ° `~ w c~ _~ ~.r ~~: tm_...~ f.,I } . ~ .yWIA ---i /-~Cy i ~ . _ a f- f ' -. `-.. ., .~ ~. . ~ - ~ . _ ~ . l :~ "-.