HomeMy WebLinkAbout06-1896IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
TIMOTHY HOGG i/t/a/d/b/a
TIMOTHY HOGG COMPANY
NO. (OLe - 019,
IN CIVIL ACTION
Plaintiff(s)
-vs-
LINDSAY GORCZYCA
Defendant(s)
COMPLAINT
CODE-
FILED ON BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
James R. Apple, Esq.
PA I.D. No. 37942
Charles F. Bennett, Esq.
PA I.D. No. 30541
Joel E. Hausman, Esq.
PA I.D. No. 42096
APPLE AND APPLE, P.C.
Firm No. 719
4650 Baum Boulevard
Pittsburgh, PA 15213
Telephone: 412-682-1466
Fax; 412-682-3138
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
TIMOTHY HOGG i/t/a/d/b/a NO. -1 P9?° t 11L
TIMOTHY HOGG COMPANY IN CIVIL ACTION
Plaintiff(s)
-vs-
LINDSAY GORCZYCA
Defendant(s)
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after
this Complaint and Notice are served, by entering a written appearance personally or
by attorney and filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so, the case may
proceed without you and a judgment may be entered against you by the Court without
further notice, for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY
BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
1800-990-9108
2
COMPLAINT
1. Plaintiff is an individual in business having offices at P.O. Box 6111, New
Cumberland, PA 17070.
2. Defendant is an individual whose address is 1331 Church St, Carlisle,
Cumberland County, Pennsylvania 17013.
3. On or about June 9, 2004, the Defendant a Rental Agreement at the terms and
conditions agreed upon by the parties, as is more specifically shown by the
Application and Agreement, a true and correct copy of which is attached hereto,
marked Exhibit "A" and made a part hereof.
4. The Plaintiff avers that the agreement between the parties was based upon a
written agreement which the Defendant accepted by renting certain property from
the Plaintiff.
5. Thereafter, in breach of obligations under the Agreement, the Defendant failed to
make payments as they became due.
6. Plaintiff avers that the terms of the Agreement provide for acceleration of the
entire balance due and owing upon Defendant's breach of the Agreement.
7. Plaintiff avers that the balance due amounts to $2,854.50, as is more specifically
shown by Plaintiff's Statement of Account, a true and correct copy of which is
attached hereto, marked Exhibit "B" and made a part hereof.
8. Plaintiff avers that the interest has accrued at the rate of 6,00% per annum on the
balance due from May 11, 2005.
9. Per the term of the agreement, the Defendant has agreed to pay to the Plaintiff as
liquidated damages, the costs of collection, including all reasonable attorneys'
fees incurred in the collection of monies owing, which Plaintiff avers will amount
to 25% of the balance due.
10. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed
and refused to pay the amount due to Plaintiff or any part thereof.
WHEREFORE, Plaintiff demands Judgment against Defendant(s) in the amount
of $2,854.50, with appropriate additional interest from May 11, 2005, plus attorneys
fees and costs.
APPLE AND APPLE, P.C.
By. Fr [,__.
ttorneXr Plaintiff(s)
'JlyW
RENTAL AGREEMENT
THIS IS A LEGAL DOCUMENT. By signing, the Tenant agrees that
Tenant has read this lease and has had the opportunity to ask
questions about the lease.
The Tenant and Landlord agvm that,
THIS IS A LEASE.
Timothy Hogg is the Landlord.
Lindsay Gorczyca is the Tenant.
This lease is for Apartment # 2 at 19 Gettysburg Pike,
Mechanicsburg, PA 17055
This lease begins on 34&4}?4-, 2004.
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This lease ends on June 30, 2005. Tenant must Notify Landlord in
writing Sixty days before the end of this lease that Tenant is
moving out.
If Tenant does not notify Landlord that he/she is moving out, the
lease will automatically become a month-to-month lease. In order
to end the lease during the month-to-month periods, the Tenant must
notify Landlord in writing at least 60 days before Tenant intends
to move out. A full month's rent shall be due for any partial
month in which Tenant occupies the apartment.
The total rent for this lease is $8580(yearly)
payable in monthly installments of $715
Rent is due in advance on or before the FIRST day of each month of
this Lease. Rent is to be mailed to the following address:
Tim Hogg
PO Box 624
New Cumberland, PA 17070
Rent Checks or Money orders are to be made out to "Tim Hogg" only.
SECURITY DEPOSIT: The Tenant has deposited an amount equal to Two
month's rent ($1430) as a SECURITY DEPOSIT. This security deposit
is held by the Landlord and applied to any damages to the apartment
caused by Tenant, his/her family, guests or pets. The Security
deposit can also be used for any damages from breaking the lease,
Tenant's unpaid bills, or not paying part of the rent due.
Tenant MAY NOT USE SECURITY DEPOSIT AS RENT
INCREASED RENT IF PAID AFTER THE FIRST DAY OF THE MONTH: Increased
rent begins the FIRST DAY of the month. A ten dollar rent charge
begins on the first day, and five dollars for every day after the
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first day of the month. These charges cover increased
administrative costs and damages.
ACCEPTANCE OF PROPERTY: The Tenant has examined the apartment and
the apartment is in satisfactory condition. The apartment is
leased in AS-IS condition. In the event that repainting, repair or
other work to be performed in the apartment has not been completed,
by the time the tenant is to move in, this lease will remain in
full force and tenant shall still be responsible for all rents.
Tenant agrees that no agreement is made to redecorate, repair or
improve the apartment unless specifically written
here:
SMALL REPAIRS DURING TENANCY: Tenant is responsible for small
repairs such as stuck windows, loose screws, backed up
toilets/bathtubs/sinks. Tenant is also responsible for lightbulbs
and fuses as they become necessary. Landlord shall decide what
repair is considered "small."
UNDISCLOSED REPAIR - It is the Tenant's responsibility to report
any condition that could be dangerous or wasteful immediately to
Landlord. In the event Tenant has not notified Landlord of a
needed repair or condition, any liability and/or financial
responsibility shall be assumed by Tenant.
CLEANLINESS: Tenant agrees to keep apartment clean, avoid a
garbage build-up and place garbage in outside receptacles. Tenant
agrees that any pest infestation as a result of his/her apartment's
not being kept clean is breaking the lease. Any pest control
services will be charged to the Tenant.
OCCUPANCY AND USE: The apartment is for use as a residence by the
named Tenants who have signed this lease and their children.
Tenant will not use this apartment for any type of business.
Tenant will not use the apartment for disorderly or unlawful
purposes, or in any manner offensive to others. Tenant will obey
all Federal, State, County and Local laws.
APPLIANCES: Any appliances which are in the apartment are there at
the convenience of the Landlord. Landlord agrees to remove
appliances if the Tenant asks for removal. The repair and
maintenance of all appliances is the responsibility of the Tenant.
RULES: "Rider All contains a list of rules that the Tenant shall
follow. If Tenant Breaks any of these rules, he/she is breaking
the lease.
2
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UTILITIES - Landlord is responsible for paying the following:
garbage, sewer,
Tenant is responsible for paying the following: Electric,water,
cable, telephone, gas, plus any other service acquired whether by
law or otherwise, not mentioned as a Landlord responsibility. If
tenant in the sole disgression of the landlord overuses or uses
wastefully a utility that is paid by landlord, the excess cost
shall be assumed by tenent.
Tenant EXPENSES: Landlord will not allow any deductions from the
rent or charges to any account of the Landlord for any purpose by
the Tenant.
CHANGES: No changes will be made, and no painting or redecorating
is done to the apartment without written permission from Landlord.
Tenant will not drive nails or screws into the walls or the
woodwork.
KEROSINE HEATERS: No kerosine heaters are allowed in the
apartment.
INCENSE AND CANDLES: Tenant understands that candles and incense
cause soot to build up on walls and surfaces. In the event that
landlord or landlord's employees determine that candles or incense
has been burned in the apartment, the cost of any and all painting,
cleaning, etc. shall be paid by tenant.
CHANGE OF Tenants: Only the Tenants named in this lease may use
the leased apartment. Tenant may not give the apartment to anyone
else to use. Tenant must request a new lease if different people
are in the apartment than those named on the lease. If Tenant is
transferred during mid tenancy, Landlord will reasonably look for
a new Tenant for the apartment in order to relieve Tenant of lease
responsibility. Landlord reserves the right to charge tenant for
time spent acquiring new tenant $25.00 per hour and cost of
advertising.
PETS: Pets are not allowed in the apartment without the written
permission of the Landlord.
INSPECTION: Landlord or his employees may enter the apartment at
any time for the following reasons:
1. To inspect the apartment
2. To make necessary repairs
3. To protect the apartment from damage
4. To show the apartment to prospective Tenants or buyers
MOVING OUT: Tenant will leave the apartment and all property of
3
the Landlord in good clean and operating condition, except for
ordinary wear and tear. Tenant will clean the apartment, including
any appliances, cabinets, baseboards, bathrooms, and remove all
trash from the apartment. Tenant to steam clean carpets before
move-out date and a receipt is to be turned in with the keys.
If cleaning and trash removal is not done by Tenant, the Landlord
will clean the apartment and remove trash at the expense of the
Tenant. A service fee of $25.00 per contractor shall be aplied to
the secuity deposit if tenant does not steam clean or properly
clean the apartment. Tenant will bring all keys to the Landlord
within 24 hours of moving from the apartment.
LIABILITY OF Landlord - Tenant agrees that Landlord shall not be
liable for property damage or personal injury occurring in or
around the apartment unless the damage or injury results directly
from the Landlord's gross negligence.
BREAKING THE LEASE: If the rent is not paid when due, and/or the
Tenant does not perform in a manner consistent with this lease,
he/she shall have broken the lease. The entire rent due for the
rest of the lease is due and payable immediately. Any court fees,
attorney's fees, collection fees, fees for paying rent after the
first of the month, plus an amount equal to two month's rent for
damages and administrative costs shall also be due.
NOTICE TO QUIT: Tenant understands that he/she is giving up the
right to any ten day, fifteen day, thirty day, or ninety day notice
to quit lease. IF Tenant BREAKS THIS LEASE, EVICTION PAPERS CAN BE
IMMEDIATELY FILED IN COURT.
ITEMS LEFT IN THE APARTMENT BY Tenant: If the Tenant moves out of
the apartment and leaves belongings in the apartment, the ownership
of these belongings shall be given to Landlord. Landlord may do
whatever he wishes with these items.
PAYING LATE RENT: If Landlord allows Tenant to pay rent late or
break any rule at any time for any reason, this does not give
Tenant permission to pay late again or break the rules again.
NOTICE: This agreement is the Notice to Tenant of all rents due
and obligations of the Tenant. Tenant AGREES THAT NO ADDITIONAL
NOTICE OF RENT DUE IS NECESSARY.
STORAGE: No storage rights are given under this lease. The Tenant
agrees that neither the Landlord or his employees has any
responsibility for loss of any kind to the Tenant's property.
4
INSURANCE: Tenant agrees that Landlord requires that Tenant buy
RENTER'S INSURANCE to cover damages to his/her personal property.
Landlord shall be named as "additional insured", and insurance
agent shall provide proof of insurance to landlord for all
renewals. Tenant understands that in the event that tenant allows
insurance to expire or otherwise lapse, Landlord shall have the
right to purchase renters insurance policy at tenants expense.
Landlord further reserves the right to charge a fee for this
service in the amount of 100.00 over and above the cost of
insurance.
Tenant's Initials: /
SEPARATE SECTIONS: The sections of this lease are separate. If a
court finds that any part of this lease is illegal for any reason,
that finding will not affect the remaining parts of the lease.
LEAD PAINT: Tenant acknowledges that he/she has been given a copy
of the US EPA booklet "Protect Your Family From Lead in Your Home",
and given time to read the information it contains. Landlord has
no knowledge of lead paint in the apartment although Lead paint was
commonly used before 1979. Any cracking or pealing paint must be
reported to Landlord immedi ly.
Tenant's Initials /
RIDERS (SPECIAL PROVISIONS): Special provisions in the attached
Riders are part of this lease.
ENTIRE AGREEMENT: This lease contains the ENTIRE AGREEMENT between
the Landlord and the Tenant. Neither the Landlord nor the Tenant
has agreed to do anything that is not written in this lease.
REPAIRS BY Landlord: If Landlord is to make repairs to the
apartment for damages that are not caused by normal wear and tear
he will be paid $25.00 per hour plus the cost of materials to
Landlord.
PARKING: Tenant shall abide by all parking signs around apartment
buildings. Tenant shall be responsible for removal of snow and ice
from between vehicles and tenant shall also be responsible for
keepting the area around the clear of debris and shall not allow
oil or other fluids to be spilled onto the parking lot.
Special_Parking_Instructions: Ccr M ?i ,J/1C.SMI
CO., w1
5
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THIS IS A LEGAL DOCUMENT. By signing,
Tenant has read this lease, has gone
Landlord and has had th opportunity
lease.
Landlord
the Tenant agrees that the
through the lease with the
to ask questions about this
DATE 6 Li O _I
TIMOTHY
Tenant ( S
6
_DATE cL
DATE
Rider A
This rider is attached to and forms a part of the lease beginning
July 1, 2004, between Timothy Hogg, the Landlord, and Lindsay
Gorczyca, the Tenant(s).
1. Payments of rent and other charges payable by Tenant shall be
payable to Landlord and due on the 1st dy of the month. If
received after the 1st day of the month, include a $10.00 initial
penalty plus $5.00 for each additional day this reflects.
la. Rent payments are to be made to Tim Hogg, PO Box 624, New
Cumberland, PA 17070-0624. Please make checks payable to "Tim
Hogg" only.
2. Tenant agrees that the premises are leased for us b Tenants
family consisting of persons which consists of e adults
and _.7 children.
3. Tenants are reminded that they should carry adequate renter's
insurance to cover any losses or damage that may be sustained
during occupancy of the above apartment.
4. No motorcycles, motor bikes, truck caps, or snow mobiles
shall be permitted on the premises.
5. No boisterous parties or unnecessary noise permitted.
6. No antennas allowed on the premises. Only the Cable TV
outlets provided shall be used.
7. No appliques shall be used on the surfaces.
8. Pictures shall be hung by using standard picture hangers.
Under no circumstances shall scotch tape be used to fasten
anything.
9. Tenant shall not park boat, trailer, or disabled vehicles on
property.
10. Tenant shall have two keys issued. Locks shall not be
changed or altered and keys shall not be duplicated.
11. Tenant shall not make any alterations, additions, or
improvements without prior written consent of the Landlord.
7
12. Tenant shall be responsible for small repairs (loose
screws, stuck window, backed up toilets etc.).
13. Upon vacancy of apartment, the appliances and cabinets must
be cleaned thoroughly before Tenant vacates said premises.
14. Upon vacancy of apartment, carpet must be steam cleaned and
a receipt must be turned in with the keys.
15. Tenants are responsible for maintaining smoke detector with
charged battery at all times (where applicable). Tenants are also
responsible for reporting any non working smoke detector
immediately to Landlord.
16. It is understood and agreed that the security payment in the
amount of 1430 dollars provided for under the lease for this
premises has been paid. Under no circumstances may the Tenant
apply the security deposit to their last months rent.
16a. The security deposit will accrue interest at a rate of 1.75%
yearly, accrued yearly, beginning after the first full year of
tenancy has been completed.
17. In the event Tenant has not notified Landlord of a needed
repair or condition, any liability and/or financial responsibility
shall be assumed by Tenant.
18. In the event that Landlord is to make repairs to apartment
that under the terms and conditions of this lease are not related
to normal wear and tear, Landlord is to be compensated for time
spent in the amount of $25.00 per hour, and materials at their cost
to Landlord.
19. Tenant will be charged $25.00 for any returned check. Late
fees will be applied to the date of restitution for said returned
check.
20. Extraordinary garbage (tires, furniture, mattresses,
appliances, etc.) is the responsibility of the Tenant to have
removed at Tenant's expense.
21. Additional Tenant responsibilities:
22. These rules and regulations shall constitute conditions of
tenancy, and violation thereof shall be a default under this lease.
It is further assumed that these rules do not violate Local, State
8
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or Federal Law. Ii
herein will become
law.
the aforementioned event, the regulation stated
null and void, thus rendering precedence to the
Date (P19/pq
Timothy Hogg
V/ ((/
Te antj J1
Tenant
Tenant
9
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Rider B
This rider is attached to, and forms a part of the Rental Agreement
beginning 6 /1I II , , between Timothy J. Hogg, the
Landlord, and LI??1(c,i r.-or cayC the Tenant(s).
Beginning b ?? ?7 I The following pets will be
permitted on th p emesis:
PET: BREED: WEIGHT: NAME:
At an additional, refundable security deposit of $ S D I
P.
An additional monthly increased rent amount of $ cW will be
charged for the maintenance of the above pet.
Tenant is responsible for clean-up of all fecal material from yard,
street, sidewalk etc. regardless of whether it was created by above
pet.
Tenant is responsible for all damages to property of Landlord or
others resulting from the maintenance of pet.
Tenant agrees that dogs are to be walked and not chained or
otherwise tethered outside. Tenant is to be physically present at
all times while the dog is outside the building.
Tenant agrees to pay for pest infestation services after
termination of occupancy. Said monies shall be the responsibility
of the Tenant and shall be deducted from the security deposit.
Tenant also agrees that any and all pet odors remaining in the
apartment upon termination of occupancy are the responsibility of
the Tenant and any and all clean up of these odors are to be paid
by Tenant. If the cost of cleanup exceeds the security deposit(s),
Tenant shall surrender the remaining monies forthwith.
Tenant further agrees that carpets are to be professionally steam
cleaned by Landlord's recommended contractor.
Landlord reserves right to revoke this consent on three days notice
to Tenant if in the opinion of Landlord or Landlord's employees the
pet has been a nuisance to other residents or has not been
maintained according to these rules. In the event consent is
revoked, tenant agrees to forthwith discontinue maintenance of the
pet. Failure to discontinue will be considered a breach of this
Rental Agreement.
This document when properly executed will take precidence over any
other parts of this Rental Agreement. All other terms and
conditions of this Rental Agreement remain in full force.
Date `0 D?-
Landlord
A Landlord
(n &0 f
T an f CC?J
Tenant
Security Deposit
Statement
Lindsay Gorczyca
19 Gettysburg Pike 2
Mechanicsburg, PA 17055
1A rP.ttvahuro Pike 2. Mechanicsbura PA 17055
Date Description Amount Memo In Account
06/09/04 De ositAmount $1,480.00 $0.00
06109104 Payment Toward Deposit $1,480.00 $1,480.00
09/15/04 Charge For Damage/Other $75.00 Late Charge, Sept 04 $1,405.00
04/11/05 Charge For Damage/Other $100.00 Late Cahr e, January 05 $1,305.00
04/11/05 Charge For Damage/Other $100.00 Late Charge, November $1,205.00
04/11/05 Charge For Damage/Other $715.00 Rent, November 04 $490.00
04/11/05 Charge For Damage/Other $715.00 Rent, December 04 $225.00
4/1110 5 ' Char a For Damage/Other $715.00 Rent, January 05 $940.00
1/05 Char a For Damage/Other $25.00 Cleaning Surcharge $965.00
04.111/05 Charge For Dama a/Other $715.00 Rent, February 05 $1,680.00
04/11/05 Charge For Damage/Other $100.00 Late Charge, February 05 $1,780.00
0411/05 Charge For Damage/Other $715.00 Rent, March 05 $2,495.00
04/11/05 Charge For Damage/Other $100.00 Late charge, March 05 $2,595.00
04/11/05 Charge For Damage/Other $79.50 Carpet Cleaning $2,674.50
04/11/05 Charge For Damage/Other $25.00 Carpet Cleanhin Surchar a $2,699.50
04/11/05 Char a For Dama a/Other $55.00 Cleanin $2,754.50
04111/05 Charge For Damage/Other $100.00 Late Charge, December, 04 ($2,854.50)
\\\') '' `'
AFFIDAVIT
of
Plaintiff herein, verify
that the statements of fact contained in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
4904, relating to unworn falsification to authorities.
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Date Affiant
llnir?'
Title
(L 15 :j li
Address
City, State, and Zip
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
TIMOTHY HOGG i/t/a/d/b/a
TIMOTHY HOGG COMPANY
NO. 2006-1896
IN CIVIL ACTION
Plaintiff(s)
-vs-
LINDSAY GORCZYCA
Defendant(s)
PRAECIPE FOR DEFAULT
JUDGMENT
CODE-
FILED ON BEHALF OF
PLAINTFF
COUNSEL OF RECORD
FOR THIS PARTY:
James R. Apple, Esq.
PA I.D. No 37942
Charles F. Bennett, Esq.
PA I.D. No 30541
Joel E. Hausman, Esq.
PA I.D. No 42096
Apple and Apple, P.C.
Firm No. 719
4650 Baum Boulevard
Pittsburgh, PA 15213-1237
Telephone(412)682-1466
x' 11 %
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
TIMOTHY HOGG ift/afd/b/a
TIMOTHY HOGG COMPANY
Plaintiff(s)
-vs-
LINDSAY GORCZYCA
Defendant(s)
NO. 2006-1896
IN CIVIL ACTION
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the above- named Defendant(s) in Default of an Answer, in
the amount of $3,749.71, computed as follows:
Amount named in Complaint $2,854.50
Interest from May 11, 2005
to June 2, 2006 on $2,854.50 $181.59
Less payment of: -$
Attorney fees $713.62
TOTAL $3,749.71
I certify that Notice of the intention to enter this Judgment was given pursuant to Pa. R.C.P.
237.1. A copy of said Notice is attached, and was mailed on May 3, 2006 by regular mail, postage
prepaid and, addressed as follows:
Defendant: Lindsay Gorczyca
1331 Church St
Carlisle PA 17013
APPLE AND APPLE, P.C.
Dated: Ael
By:
rneys for the Plaintiff(s)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
TIMOTHY HOGG i/t/a/d/b/a NO. 2006-1896
TIMOTHY HOGG COMPANY IN CIVIL ACTION
Plaintiff(s)
-vs-
LINDSAY GORCZYCA
Defendant(s)
Lindsay Gorczyca
1331 Church St
Carlisle, PA 17013
Date of Notice: May 3.2006
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU,
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
1800-990-9108
By: 'y
James R. Apple, Esq.
Attorneys for Plaintiff(s)
4650 Baum Boulevard
Pittsburgh, PA 15213-1237
Telephone (412) 682-1466
I.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
TIMOTHY HOGG i/t/a/d/b/a
TIMOTHY HOGG COMPANY
NO. 2006-1896
IN CIVIL ACTION
Plaintiff(s)
-vs-
LINDSAY GORCZYCA
Defendant(s)
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff (J) Defendant ( ) Garnishee
You are hereby notified that the following Order or Judgment was entered against
you on r/ r 1P ! C/, an to .
(X) Assumpsit Judgment in the amount of $3,749.71, plus costs.
( ) Trespass Judgment in the amount of S
( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or
( ) Registration will be suspended by the Dept. Of Transportation, Bureau of Traffic
Safety, Harrisburg, PA.
(X) Entry of Judgment
( ) Court Order
( ) Non-Pros
( ) Confession
(X) Default
( } Verdict
( ) Arbitration Award
( ) Other
Lindsay Gorczyca
1331 Church St
Carlisle, PA 17013
aPR HONOT Y
L
By:
(or Deputy)
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01896 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOGG TIMOTHY I/T/A/D/B/A
VS
GORCZYCA LINDSAY
WILLIAM CLINE
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
GORCZYCA LINDSAY the
DEFENDANT
, at 1806:00 HOURS, on the 6th day of April , 2006
at 1331 CHURCH STREET
CARLISLE, PA 17013 by handing to
ZANE CLAIR, HUSBAND
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18 . 0 0
6.16
.00
10.00 R. Thomas Kline
.00
34.16 04/07/2006
APPLE & APPLE
Sworn and Subscribed to before
me this day of
-)hAw dot(, A. D.
By:
? ,
Deputy Sheriff
Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
TIMOTHY HOGG i/t/a/d/b/a NO. 2006-1896
TIMOTHY HOGG COMPANY IN CIVIL ACTION
Plaintiff(s)
-vs-
LINDSAY GORCZYCA
Defendant(s)
PRAECIPE FOR WRIT
OF EXECUTION
CODE-
FILED OF BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
James R. Apple, Esq.
PA I.D. No. 37942
Charles F. Bennett, Esq.
PA I.D. No. 30541
Joel E. Hausman, Esq.
PA I.D. No. 42096
APPLE AND APPLE, P.C.
Firm No. 719
4650 Baum Boulevard
Pittsburgh, PA 15213
Telephone: 412-682-1466
Fax: 412-682-3138
ti
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
TIMOTHY HOGG i/t/a/d/b/a
TIMOTHY HOGG COMPANY
Plaintiff(s)
_Vs_
LINDSAY GORCZYCA
Defendant(s)
NO. 2006-1896
IN CIVIL ACTION
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly issue the Writ of Execution in the above-captioned matter...
(1) directed to the Sheriff of Cumberland County;
(2) against Defendant(s) Lindsay Gorczyca
(3) against Garnishee(s)
(4) Judgment:
Interest from May 11, 2005 to March 11, 2007
On Declining Balance
Amount of Interest $412.97
Payments $2,500.00
SUBTOTAL $1,662.68
Costs (to be added by Prothonotary)
APPLE AND APPLE, P.C.
Dated: 3 2! ® 7
$3,749.71 INC(' 11
By: ?--_.
CIS
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- 41
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-1896 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due TIMOTHY HOGG I/T/A/DB/A TIMOTHY HOGG
COMPANY, Plaintiff (s)
From LINDSAY GORCZYCA, 1331 CHURCH ST., CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL
PROPERTY.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $1249.71
L.L. $.50
Interest FROM 5/11105 TO 5/11/07 ON DECLINING BALANCE - AMOUNT OF INTEREST
$412.97
Atty's Comm %
Atty Paid $125.16
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: APRIL 3, 2007
(Seal)
- ?,?444
C s R. Lon no
By:
Deputy
REQUESTING PARTY:
Name JAMES R. APPLE, ESQUIRE
Address: APPLE AND APPLE, P.C.
4650 BAUM BOULEVARD
PITTSBURGH, PA 15213
Attorney for: PLAINTIFF
Telephone: 412-682-1466
Supreme Court ID No. 37942
a. w
tot ,'__?
pp. '
=-q?,,Thomas Kline, Sheriff, who being duly sworn according to law, states
s writ is returned SATISFIED.
Sheriff s Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garnishee
Bad Check Charge
Postage
TOTAL $
18.00
25.00
.50
2.00
4.80
20.00
70.30 ? ` L 711310 -7
Pd by Defendant
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So Answers-
T mas Kline, Sheriff
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ip,
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-1896 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due TIMOTHY HOGG UT/AIDB/A TIMOTHY HOGG
COMPANY, Plaintiff (s)
From LINDSAY GORCZYCA, 1331 CHURCH ST., CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL
PROPERTY.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $1249.71
L.L. $.50
Interest FROM 5111105 TO 5/11/07 ON DECLINING BALANCE - AMOUNT OF INTEREST
$412.97
Atty's Comm %
Atty Paid $125.16
Plaintiff Paid
Date: APRIL 3, 2007
Due Prothy $2.00
Other Costs
Curtis . Long, Pro of
(Seal)
By:
Deputy
REQUESTING PARTY:
Name JAMES R. APPLE, ESQUIRE
Address: APPLE AND APPLE, P.C.
4650 BAUM BOULEVARD
PITTSBURGH, PA 15213
Attorney for: PLAINTIFF
Telephone: 412-682-1466
Supreme Court ID No. 37942
A + '?
DISTRIBUTION
ATTY FOR PLTFF: James Apple
WRIT NO. 2006-1896 Civil
Timothy Hogg, I/T/D/B/A Timothy Hogg Co
-vs-
Lindsay Gorczyca
Real Debt $ 1249.71
Interest 412.97
Attorney's Comm.
Writ Costs, Atty 125.16
Writ Costs, Pltff.
Miscellaneous
Attorneys Fees
$ 1787.84
Sheriff's Costs:
Docketing $ 18.00
Poundage 25.00
Posting Sale Bills
Law Library .50
Prothonotary 2.00
Service 4.80
Postage
Advertising
Postpone Sale
Bad Check Charge
Surcharge 20.00
Garnishee
Levy
TOTAL $ 70.30
Defendant Paid to Sheriff $ 1858.14
Advance Costs 150.00
Total Collected $ 2008.14
DISTRIBUTION
Pd. To Pltff. $ 1787.84
Refund of Adv. Costs 150.00
Pd. To Prothonotary 2.50 _p s rs:
R. Thomas Kline,
Sheriff
By
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
TIMOTHY HOGG i/t/a/d/b/a NO. 2006-1896
TIMOTHY HOGG COMPANY IN CIVIL ACTION
Plaintiff(s)
-vs-
LINDSAY GORCZYCA
Defendant(s)
PRAECIPE FOR SATISFACTION
OF JUDGMENT
CODE-
FILED ON BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
James R. Apple, Esq.
PA I.D. No. 37942
Charles F. Bennett, Esq.
PA I.D. No. 30541
Joel E. Hausman, Esq.
PA I.D. No. 42096
APPLE AND APPLE, P.C.
Firm No. 719
4650 Baum Boulevard
Pittsburgh, PA 15213
Telephone: 412-682-1466
Fax: 412-682-3138
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
TIMOTHY HOGG i/t/a/d/b/a
TIMOTHY HOGG COMPANY
Plaintiff(s)
-vs-
LINDSAY GORCZYCA
Defendant(s)
NO. 2006-1896
IN CIVIL ACTION
PRAECIPE FOR SATISFACTION
OF JUDGMENT
At the request of the undersigned attorneys for the Plaintiff, you are directed to
satisfy the above-captioned Judgment.
APPLE AND APPLE, P
Dated:' By:
I HEREBY CERTIFY THAT THE FOR
STATEMENT OF THE ABOVE CASE.
Plaintiff(s)
TRUE AND CORRECT
THIS STATEMENT IS MADE SUBJECT TO THE
PENALTIES OF 18 PA. C.S. 4904 RELATING TO
UNSWORN FALSIFICATIONS TO AUTHORITIES.
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