Report Selection Criteria

 Case ID: J0310068813
 Docket Start Date: 
 Docket Ending Date: 


Case Description

 Case ID: J0310068813 - TISHENA DAVIS VS PATRECE J BURTON
 Filing Date: Wednesday, October 01st, 2003
 Type:  60 - JP DEBT ACTION
 Status:  CLOSED - CLOSED


Related Cases

No related cases were found.


Case Event Schedule

No case events were found.


Case Parties

Seq # Assoc Expn Date Type Name
1     DEFENDANT BURTON, PATRECE J
Address: 15-6 COURTYARD LANE
WILMINGTON DE 19802
(302)765-9573
Aliases: none
 
2     PLAINTIFF DAVIS, TISHENA
Address: 2901 JESSUP STREET
WILMINGTON DE 19802
Aliases: none
 
3     WITNESS PNC BANK EAST LEA
Address: 301 EAST LEA BLVD.
WILMINGTON DE 19802
Aliases: none
 


Docket Entries

Filing Date Description Name Monetary
01-OCT-2003
01:11 PM
CASE CAPTION    
Entry: TISHENA DAVIS ----- VS ----- PATRECE J BURTON
 
27-OCT-2003
01:13 PM
DEBT    
Entry: COST: FILING AMT: 30.00 FILING DATE: 10/01/2003 FEE: 30.00 RELIEF AMT:10,000.00 PERSONAL PROPERTY VALUE: OTHER AMT: PRE INT RATE: 7.25 PRE INT AMT: POST INT RATE: 7.00 ******* COMPLAINT AND RELIEF TEXT ****** I TISHENA DAVIS ENTRUSTED A LARGE SOME OF MONEY(27,000.00) TO PLACE IN HER (PATRENCE J. BURTON) ACCOUNT ON MY BEHALF. AT WHICH TIME MS. BURTON STOLE BETWEEN 8,000.00 - 10, 000.00 DOLLARS. I TISHENA DAVIS DID NOT GIVE MS. BURTON PERMISSION THIS TRANSCATION ACCURED BETWEEN THE MONTHS OF NOVEMBER 02 THROUGH AUGUST 2003.
 
27-OCT-2003
01:14 PM
NOTICE ISSUED    
Entry: NOTICE(S) GENERATED: 10/27/2003
 
27-OCT-2003
01:14 PM
SERVICE ISSUED CERTIFIED MAIL    
Entry: DATE NOTICES MAILED: 10/28/2003 CERTIFIED MAIL NUMBERS: PATRENCE J BURTON - 70023150000619645083
 
14-NOV-2003
07:57 AM
SERVICE RETURNED SERVED    
Entry: RETURN OF SERVICE POSITIVE FOR AND DATE SIGNED FOR: PATRECE J BURTON - 11/10/2003 SIGNED BY IF DIFFERENT THAN NAME ABOVE:
 
19-NOV-2003
01:17 PM
ANSWER REQUESTING BOPARTICULRS    
Entry: DEFENDANT FILES DEMAND FOR BILL OF PARTICULARS DATE RECEIVED: __PATRECE J BURTON - 11/13/2003
 
19-NOV-2003
01:17 PM
JP EVENT SCHEDULED    
Entry: TRIAL SCHEDULED: Friday 12/12/2003 01:00 PM
 
19-NOV-2003
01:17 PM
NOTICE ISSUED    
Entry: NOTICE(S) GENERATED: 11/19/2003
 
08-DEC-2003
04:25 PM
CONTINUANCE RESCHEDULE    
Entry: TRIAL RESCHEDULED Monday 12/22/2003 01:30 PM 12/8/03 RESCHEDULE BY THE COURT
 
08-DEC-2003
04:25 PM
NOTICE ISSUED    
Entry: NOTICE(S) GENERATED: 12/08/2003
 
11-DEC-2003
03:46 PM
CASE UPDATE    
Entry: CASE UPDATED: 12/11/2003 SUBPOENA FOR PNC BANK/301 EAST LEA BOULEVARD SERVED BY CONSTABLE REYES DECEMBER 4, 03 @2:21PM TO MARCIA LUMPKIN
 
12-DEC-2003
07:29 AM
CASE UPDATE    
Entry: CASE UPDATED: 12/12/2003 12/11/03 RECD FROM PNC BANK, WITNESS-PNC HAS RECD YOUR REQUST FOR CUSTOMER DOCUMENTS. THE BANK RECORDS HAVE BEEN ORDERED AS SPECIFIED. WE WILL FORWARD UPON RECEIPT. RAYNA L WALKER, RECORDS CUSTODIAN 1-800-762-3428.
 
09-JAN-2004
11:45 AM
DECISION RESERVED    
Entry: TRIAL-RESERVED DECISION__JUDGE KATHLEEN LUCAS ___DECEMBER 22, 2003- IN APPROXIMATELY NOV. 2002 PLAINTIFF RECEIVED SETTLEMENT MONIES, RELATED TO LITIGATION OF $27,000.00. PLANITIFF HAD NO BANK ACCOUNT SHE COULD US SO SHE AND THE DEFENDANT AGREED TO DEPOSIT MOST OF THE MONEY IN DEFENDANT'S PNC SAVING ACCOUNT #56-0496-7995. PLANTIFF SUBPOENAED BANK RECORDS WHICH INDICATE NUMEROUS ATM WITHDRAWLS AN DOTHER WITHDRAWLS OF VARYING AMOUNT OF CASH. BY APRIL 2003, THE BALANCE IN THE ACCOUNT WAS DOWN TO LESS THAN $500.00. PLAINTIFF SUES FOR _$8,000.00-$10,000.00 PER HER COMPLAINT AND TESTIFIED THAT SHE BLIEVED FUNDS HAD BEEN MISAPPROERIATED. SHE WAS, HOWEVER UNABLE TO RECALL WHICH OF THE MANY ATM WITHDRALS WERE HERES AND WHICH WER NOT. PLAINTIFF KEPT NO RECORDS AND NEITHER DID DEFENDANT, WHO DENIED ANY WRONG DOING. THIS COURT IS UNABLE TO MAKE A DETERMINATION AS TO THE FACTS OF THIS CASE. FROM AN EVIDENTIARY POINT OF VIEW, PLAINTIFF FAILED TO SUSTAIN HER BURDEN OF PROOF. HOWEVER, THE COURT HAS SOME CONCERNS AS TO PLANTIFF'S COMPETENCY TO BRING THE CASE. IT AS RECOMMENDED TO PLANITIFF THAT SHE _CONTRACT THE LEGAL HELP LINK AT PO BOX 1306,WILM.DE 19803 FOR POSSIBLE REFFERAL AS TO A GURADIANSHIP OR THE DISABILITY LAW PROGRAM. PLAINTIFF WAS ALSO ADVISED TO CONTACT THE DELAWARE DEPT OF JUSTICE FOR POSSIBLE CRIMINAL INVESTIGATION. ALL ACTION WITH RESPECT TO THIS MATTER IS STAYED FOR SIXTY DAYS; IF THERE IS NO FURTHER CONTRACT, THE MATTER WILL BE DISMISSED. SO ORDERED THIS 9TH DAY OF JAN. 2004
 
23-JAN-2004
10:40 AM
JP EVENT SCHEDULED    
Entry: TRIAL SCHEDULED: Wednesday 02/11/2004 11:00 AM DEF. INDICATES SHE WANTS RE-ARGUMENT.___SCH FOR THIRTY DAYS. JUDGE LUCAS.
 
23-JAN-2004
10:40 AM
NOTICE ISSUED    
Entry: NOTICE(S) GENERATED: 01/23/2004
 
12-FEB-2004
11:02 AM
JUDGMENT ARGUMENT    
Entry: JUDGMENT BY ARGUMENT AGAINST: PATRECE J BURTON AMOUNT OF JUDGMENT: 2,700.00 PLUS COURT COST OF:$30.00 POST JUDGMENT INTEREST AT 7%. OTHER JUDGMENT AMOUNT: JUDGMENT ENTERED BY: LUCAS KATHLEEN C. THE PARTIES APPEARED FOR A HEARING ON PLAINTIFF'S ACTION FILED FOR $10,000.00. IT WAS LATER AMENDED, AT THE SECOND HEARING TO $5,460.00. THE PARTIES WERE FRIENDS, WHEN PLAINTIFF RECEIVED A SETTLEMENT OF APPROXIMATELY $27,000.00 IN LATE 2002, SHE ASKED DEFENDNAT TO PUT THE MONEY INTO A BANK ACCOUNT AND MANAGE IT FOR HER. THE MONEY WAS DISSIPATED AND PLAINTIFF CONTENDS THAT SHE HAS BOUGHT THIS ACTION IN AN EFFORE TO DETERMINE WHERE THE MONEY WENT. AT THE FIRST HEARING, NEITHER OF THE PARTIES BROUGHT ANY RECEIPTS OR RECORDS WITH REGARD TO THE WITHDRAWALS AT ATM MACHINES OR AT THE BANK. PLAINTIFF CONCEDED SHE HAD MADE SOME LARGE PURCHASES AND PAID FOR AIRFARE FOR A TRIP TO JAMAICA. AT THE SUCCEEDING HEARING, BOTH PARTIES HAD ALTERED THEIR POSITION SOMEWHAT AND PLAINTIFF HAD EXAMINED, IN SOME DETAIL, THE DEFFENDANT'S BANK RECORDS. PLAINTIFF AMENDED HER CLAIM TO A TOAL OF $5,460.00 AND DEFENDANT AGREED THAT SHE OWED APPROXIMATELY $3,500.00 INCLUDING TWO LOANS AT $1,000.00 ANOTHER $1,000.00 WHICH SEH BELIEVED TO BE A GIFT BUT AGREED TO REPAY AND AIRFARE TO JAMICA. DEFENDANT AVERS THAT SHE REPAID $800.00 IN CASH TO PLAINTIFF AND MENTIONED A PIECE OF FURNITURE SHE GAVE HER WORTH APPROXIMATELY $200.00. IT IS SIGNIFICANT TO NOTE THAT WHILE EACH_PARTY SOFTENED HER STANCE AT THE SECOND HEARING, NEITHER PRODUCED ANY ADDITIONAL RECORDS OR RECEIPTS A CALENDAR OR OTHER INDICIA OF EXPENSES. NONETHELESS, BOTH PARTIES WERE FAILRY ARTICULATE. THE COURT FINDS DEFENDANT'S ADMISSION AS TO THE $3,500.00 TO BE INTERESTING AS IS PLAINTIFF'S RECOLLECTION OF THOSE LOANS. THE BANK STATEMENT SUPPORTED IT, AND THE COURT POINTS OUT THAT BANK FEES TOTAL ALMOST AN ADDITIONAL $100.00. THE $200.00 FOR THE FURNITURE IS NOT CREDITED TO DEFNEDANT AND THERE WAS NO SUBSTANTIATION TO SUPPORT _PLAINTIFF'S FURTHER RECOVERY. JUDGMENT IS ENTERED FOR THE PLAINTIFF FOR $2,700.00 PLUS $30.00 COURT COSTS AND POST JUDGMENT INTEREST AT 7%. IT IS SO ORDERED THIS 12TH DAY OF FEB.1004. SO ORDERED BY JUDGE KATHLEEN C. LUCAS
 
12-FEB-2004
11:02 AM
NOTICE ISSUED    
Entry: JUDGMENT MAILED: 02/12/2004 APPEAL PROCEDURES INCLUDED
 
24-FEB-2004
03:05 PM
JP LEVY REQUEST    
Entry: COST: AMT: 25.00 EXECUTION - REQUEST FOR LEVY ON GOODS AND CHATTELS FILED BY PLAINTIFF THIS DATE:2/20/04 FEE PAID: $25.00 SENT TO:CONSTABLE CENTRAL 2/26/04 RETURN DATE:3/26/04
 
16-MAR-2004
12:12 PM
LEVY NULLA BONA    
Entry: LEVY NULLA BONNA BY:CONSTABLE REYES DATE:_ATTEMPTED 3/3,8,9,11,04 NO ANSWER. LANDLORD STATES SHE IS STILL A RESIDENT THERE. COPY TO PLT. 3/17/04.
 
29-MAR-2004
09:33 AM
JP LEVY REQUEST    
Entry: COST: AMT: 15.00 EXECUTION - REQUEST FOR LEVY ON GOODS AND CHATTELS FILED BY PLAINTIFF THIS DATE:3/22/04 FEE PAID: $15.00 SENT TO:CONSTABLE CENTRAL 3/30/04 RETURN DATE:4/30/04
 
12-APR-2004
10:25 AM
LEVY COMPLETE    
Entry: LEVY DONE BY:CONSTABLE REYES DATE:_4/7/04 COPY TO PLT. 1. DINING TABLE 4 CHAIRS 2. EURO STAND 3. MICORWAVE W/STAND ON WHEELS 4. 7 PCS LIVING RM SET 5. 2 PCS ENTERTAINMENT CT. 6. SMART PLACE TV 7. SM STEREO 2 SPEAKERS 8. DVD PLAYER 9. DRESSER, SM TABLE ONE SOFA 10. RCA TV, SHARP VCR
 
23-APR-2004
08:13 AM
CONSTABLE SALE SCHEDULED    
Entry: COST: CSALE AMT: 20.00 CONSTABLE SALE SCHEDULED ON:F 5/21/04@10AM 1. DINING TABLE 4 CHAIRS___NOTICE TO PLT, DEF, CONSTABLE 2. EURO STAND 3. MICORWAVE W/STAND ON WHEELS 4. 7 PCS LIVING RM SET 5. 2 PCS ENTERTAINMENT CT. 6. SMART PLACE TV 7. SM STEREO 2 SPEAKERS 8. DVD PLAYER 9. DRESSER, SM TABLE ONE SOFA 10. RCA TV, SHARP VCR
 
21-MAY-2004
10:49 AM
CASE UPDATE    
Entry: CASE UPDATED: 05/21/2004 OUTCOME OF SALE PER CONSTABLE REYES: DEF HAD EVERYTHING FOR SALE READY. NO BUYERS. PLT PRESENT MS PATRECE AND GENTLEMAN WERE THERE. COPY TO PLT & DEF
 
26-MAY-2004
02:20 PM
JP EVENT SCHEDULED    
Entry: DEF REQUEST SHOW CAUSE HEARING TO DETERMINE WHETHER LEVY SHOULD BE SET ASIDE. SCH PER JUDGE PAGE. Monday 06/14/2004 10:30 AM
 
26-MAY-2004
02:21 PM
NOTICE ISSUED    
Entry: NOTICE(S) GENERATED: 05/26/2004
 
14-JUN-2004
01:52 PM
JP LEVY REQUEST    
Entry: 6/14/04 DEF. FAILED TO APPEAR FOR RULE TO SHOW CAUSE HEARING REQUESTED BY HER. PLT. PRESENT. MOTION DENIED. CHERYL STALLMAN, JUSTICE OF THE PEACE
 
15-NOV-2004
08:54 AM
JP LEVY REQUEST    
Entry: COST: AMT: 15.00 EXECUTION - REQUEST FOR LEVY ON GOODS AND CHATTELS FILED BY PLAINTIFF THIS DATE:11/3/04 FEE PAID: $15.00 SENT TO:CONSTABLE CENTRAL 11/17/14 RETURN DATE:12/17/04
 
23-DEC-2004
08:15 AM
LEVY NULLA BONA    
Entry: LEVY NULLA BONNA BY:CONSTABLE GAINES DATE:ATTEMPTED 11/19;12/6,13,20/04 NO ANSWER. COPY TO PLT.
 
23-DEC-2004
08:16 AM
NOTICE ISSUED    
Entry: NOTICE(S) GENERATED: 12/23/2004
 
07-JAN-2005
11:21 AM
JP WAGE ATTACHMENT REQUEST    
Entry: COST: AMT: 15.00 EXECUTION - PLAINTIFF FILES A REQUEST FOR A GARNISHMENT OF WAGES AT:(PATRECE J BURTON)KUTT HOME ADDRESS:704 RIVER RD CLAYMONT DE 19801 DATE FILED:1/3/05 FEE PAID: $15.00 SENT:1/10/05 RETURN DATE:2/10/05
 
21-JAN-2005
09:18 AM
WAGES NOT ATTACHED    
Entry: DATE:_1/19/05 WAGES NOT ATTACHED_17A RECD FROM THE KUTZ HOME JEAN CARPENTER 764-7000. THE DEF PATRICE BURTON IS NOT EMPLOYED BY THIS GARNISHEE. TERMINATED 1/17/05. COPY TO PLT.
 
25-JAN-2005
02:40 PM
APPEALED CCP NOTICE FILED    
Entry: APPEAL - PLT REQUEST A TRANS FOR CCP ON 1/25/05 TRANSCRIPT REQUESTED BY: TISHERIA DAVIS DATE TRANSCRIPT PREPAD: 1/25/05 FEE PAID: $10.00 PICK UP: TISHENA DAVIS SIGNED ON 1/26/05
 
28-JUL-2007
08:00 AM
PROPERTY LIST FILED    
Entry: DINING TABLE 4 CHAIRS EURO STAND MICORWAVE W/STAND ON WHEELS 7 PCS LIVING RM SET 2 PCS ENTERTAINMENT CT. SMART PLACE TV SM STEREO 2 SPEAKERS DVD PLAYER DRESSER, SM TABLE ONE SOFA RCA TV, SHARP VCR
 
16-AUG-2014
08:00 AM
CASE CLOSED    
Entry: Record updated as a Cleanup for JP_SCRIPT_3