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Home My WebLink About07-1112 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: %;UA0J5XJjA JJ Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 761-8230 17050 ,NOTICE OF JUDGMENT/TRANSCRIPT Cw' CIVIL CASE PLAINTIFF: NAME and ADDRESS rBENT CREEK LIMITED PARTNERSHIP 7 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS rCOOK, JOAN --I 311 FIRE POINTS RD ALBURTIS, PA 18011 BENT CREEK LIMITED PARTNERSHIP L J 100 GEORGETOWN ROAD Docket No.: CV-0000767-06 MECHANICSBURG, PA 17050 Date Filed: 12/18/06 THIS IS TO NOTIFY YOU THAT: DEFAULT,,., JUDGMENT ?LTA: DateAf ,lud 1/18/07 _ ?"Judgiment: (_. gmeet) i T Judgment was entered for: (Name) BENT CREEK LIMITED PARTNERSHIP ® Judgment was entered against: (Name) COOK, JOAN in the amount of $ 2, 929.0 ? Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Total Post Judgment Credits Post Judgment Costs $ 2,845.00 $ 84.00 $ .00 $ .00 $ 2,929.001 Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. 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 MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELE_ CTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 07 Date I certify that this is a true Date My commission expires first Monday of January, 2010 , Magisterial District Judge ings containing the judgment. , Magisterial District Judge SEAL AOPC 315-06 DATE PRINTED: 1/18/07 11:47:00 AM vJ i d ?j V .i ? c ? ° 0 r1l rn ca t3 T3 C -0 -m gi y ? M Gt1 -?C Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Joan Rouse Aka Joan Cook 311 Fire Points Road Alburtis, PA. 18011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-1112 CIVIL ACTION - LAW 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, Joan Rouse aka Joan Cook and the Defendant's employer, Giant Food Stores, Village West Shopping Center, Allentown, PA 18104, 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 18, 2007 in the amount of $2,845.00, Docket Number CV-0000767-06. Post judgment costs increased this amount to $2,929.00, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on February 28, 2007, under Docket Number 07-1112 Civil Term. 4. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV-0000767-06. No response was received from defendant. 5. The Defendant is currently employed at Giant Food Stores, Village West Shopping Center, Allentown, PA 18104. 6. 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. 7. 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. 8. Copies of the District Justice Judgment and the proposed attachment order are attached hereto. 9. WHEREFORE, the Plaintiff hereby requests that the Honorable Court issue the proposed rule to show cause against both the Defendant, Joan Rouse aka Joan Cook and her current employer, Giant Food Stores, Village West Shopping Center, Allentown, PA 18104. ??? l 0 7 Date: Respectfully Submitted: ietro Leone Attorney, Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 C0f?PJi0'1VdEALTH OF PENNSYLVANIA - -NOTICE OF JUDGMENTITRANSC IPT LOON Y OF, C s L ;??_ l 1 C!Vi CASE MDJ Name. Han THOMAS A. PLACEY Address 104 S SPORTING HILL RD MECHANICSBURG, PA Telepncne: (717 ) 761-8230 17050 BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 KtS 2 i'C G'QTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PL"'F ® Judgment was entered for: (Name) 0 Judgment was entered against: (Name) in the amount of $ 2,929.01 PLAINTIFF: NAME and ADDRESS rBEi CREEK LIMITED PARTNERSHIP 7 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L J V& DEFENDANT: NAME and ADDRESS FCOOK, JOAN 311 FIRE POINTS RD ALBURTIS, PA 18011 7 L Docket No.: CV-0000767-06 Date Filed: 12/18/06 yy` CJ <(Date-of ,iudgmeni) 1/1 9/07 BENT CREEK LIMITED PARTNERSHIP COOK, JOAN Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 8? Portion of Judgment for physical damages arising out of residential lease S Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 2,845.00 $ 84.00 $ .00 $ .00 $ 2,929.001 b Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. 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 MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTPICT 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. 0 a7 z C:D 4 -24 Date Magisterial District Jge- I I certify that this is a true an opy of th rjcord o t fpdings containing the jucgment. s e Date Magisterial District Judge 'f iii,.; `4Q11i 'rni 'viy iuiiiSSivi expires firJt ^^M Uck of JariuCiry, A0P,7 ? ji5-i0 6 FATE PRINTED: 1/18/07 11:47:00 AM CERTIFICATE OF SERVICE I hereby certify that I am this day serving Plaintiff s Petition For A Rule To Show Cause: Why An Order Granting Wage Attachment Should Not Issue upon the person and in the manner indicated below, which service satisfies the requirement of Pa. R.C.P. 440: Service by certified mail, addressed as follows: Joan Rouse aka Joan Cook 311 Fire Points Road Alburtis, PA 18011 Respectfully Submitted, Date: 1?` ?lJ r 67 By: Pietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 07-1112 Joan Rouse Aka Joan Cook 311 Fire Points Road CIVIL ACTION - LAW Alburtis, PA 18011 Defendant : AMENDEMENT TO PETITION FOR A RULE TO SHOW CAUSE WHY AN ORDER GRANTING WAGE ATTACHMENT SHOULD NOT ISSUE Please add the following motions: 1. There has been no prior judge involvement, except for Ruling by District Justice Placey (see attached). 2. Concurrence of opposing counsel was sought but was not obtained due to the Defendant's lack of appearance at the January 18, 2007 hearing. Respectfully Submitted: Date: 00 7 Pietro Leone Attorney, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 ,"IONWEALTH OF PENNSYLVANIA -)UNTY OF: CUMBERLAND Mag. Dist No 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 SENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 }NOTICE OF JUDGMENT/TR/??NSCRII?T y CIVIL CASE PLAINTIFF: NAME and ADDRESS FBENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS FCOOK, JOAN 311 FIRE POINTS RD ALBURTIS, PA 18011 L J Docket No.: CV-0000767-06- Date Filed: 12/18/06 _ THIS IS T O NOTIFY YOU THAT: DEFAULT JUDGMENT PLTF. Jud ment: ;(Date-p1 Judgment) 1/18!07 ® Judgment was entered for: (Name) BENT CREEK LIMITED PARTNERSHIP ® Judgment was entered against: (Name) COOK, JOAN in the amount of $ 2, 929.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2,845.00 Judgment Costs $ 84.00 Interest on Judgment $ . 00 Attorney Fees $ .00 Total $ 2,929.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. 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 MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 1 ra --4 U1 ?! ? Date Magisterial District Judge I certify that this is a true an opy of th r cord o dings containing the judgment. Date Magisterial District Judge e M-y comi.-mission expires first ;Jionday of Jauary201 ,r" AOPC 315-0s DATE PRINTED: 1/18/07 11:47:00 AM IIf Ia r-Zp CO ='tt ". Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Joan Rouse Aka Joan Cook 311 Fire Points Road Alburtis, PA 18011 Defendant APR S 5 2007? IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-1112 CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this day of 2006, upon consideration of the foregoing Petition For A Rule To Show Cause Why An Order Granting Wage Attachment Should Not Issue, it is hereby ORDERED and DECREED as follows: 1. a rule is issued upon the Defendant, Joan Rouse aka Joan Cook, and her current employer, Giant Food Stores, Village West Shopping Center, Allentown, PA 18104 to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within A 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, Giant Food Stores, Village West Shopping Center, Allentown, PA 18104. By the Court: % Id r` ;fs J OZ :1 W'd 01 'M HE Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Joan Rouse Aka Joan Cook 311 Fire Points Road Alburtis, PA 18011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-1112 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 April 18, 2007, 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 May 10, 2007, 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, Giant Food Stores, Village West Shopping Center, Allentown, PA 18104, as well as all current or subsequent employers. Respectfully Submitted: Date: to I Z Pietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 0* 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 certified mail, addressed as follows: Joan Rouse Aka Joan Cook 311 Fire Points Road Alburtis, PA 18011 Giant Food Stores Village West Shopping Center Allentown, PA 18104 Submitted, Date: 6 do 0 -7 ty: Pietro Leone, Attorney, PA Bar #85127 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 r? ? ? "T°i ? ' ? ? . ? „? g ? ?_J I'}ri ... ?. y? V ?V. 1....+? t :?z..E ?? ? ^ ,r .. -C 4 !'1 ..C ,?."' Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Joan Rouse Aka Joan Cook 311 Fire Points Road Alburtis, PA 18011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-1112 CIVIL ACTION - LAW AMENDEMENT TO MOTION TO MAKE RULE ABSOLUTE Please add the following motions: 1. There has been no prior judge involvement, except for Ruling by District Justice Placey. 2. Concurrence of opposing counsel was sought but was not obtained due to the Defendant's lack of appearance at the January 18, 2007 hearing. Respectfully Submitted: Date: w " ? d / ietro Leone Attorney, PA Bar 85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 t - -n v, Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Joan Rouse Aka Joan Cook 311 Fire Points Road Alburtis, PA 18011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-1112 CIVIL ACTION - LAW AMENDEMENT TO MOTION TO MAKE RULE ABSOLUTE Please add the following motions: 1. There has been prior judge involvement, a Civil Ruling by District Justice Thomas A. Placey, docket number CV-0000767-06 and an Order for a Rule to Show Cause by Judge Ebert, docket number 07- 1112 Civil Term. 2. Concurrence of opposing counsel was sought but was not obtained due to the Defendant's lack of appearance at the January 18, 2007 hearing for the Civil Judgment CV-0000767-06. Concurrence was also not obtained on the filing of the Rule to Show Cause Order number 07-1112 Civil Term. Respectfully Submitted: Date: 6 a7_ ? d 7 Pietro Leone Attorney, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 C-7 ? ` 'cl fad N JUN 0 7 2007 Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 07-1112 Joan Rouse Aka Joan Cook 311 Fire Points Road CIVIL ACTION - LAW Alburtis, PA 18011 Defendant ATTACHMENT ORDER AND NOW, this If day of 2007, upon consideration of the foregoing Petition for A Rule to Show Why An Order Granting age Attachment Should Not Issue, no response being filed by the Defendant, Joan Rouse aka Joan Cook, and the Defendant's employer, Giant Food Stores, Village West Shopping Center, Allentown, PA 18104, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Giant Food Stores, 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 amount of the judgment is $2,929.00. 3. The Defendant's current employer, Giant Food Stores, 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 N?k -\, ?AA tiJ O O V ?S : i tad 9- If1{" LOOZ _tr_L??'?i1 .`itL1 «717