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Home My WebLink About07-1516 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND G?7 - l Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACBY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: DEFAULT JDDG?T PLTF Judgment: ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 1,198.41 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rBENT CRESS LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L J vs. DEFENDANT: NAME and ADDRESS rRODRIGUEZ, ANGEL L 4259A WILLIAMSBURG DRIVE HARRISBURG, PA 17109 L J Docket No.: CV-0000615-06 Date Filed: 10/17/06 (Date of Judgment) 2/15/07 BENT CREEK LIMITED PARTNERSHIP RODRIGUEZ, ANGEL L Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F1 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,087.90 Judgment Costs $ 110.50 $ .00 Interest on Judgment Attorney Fees $ .00 Total $ 1,198.40 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 JUDGMENTITRANSCRIPT 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. 1bfof Date , Magisterial District Judge I certify that this is a true arl?correct copy of the record of the pAeedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-06 DATE PRINTED: 2/16/07 9:05:00 AM 0 rya C°?ca moo v ?- NI, "? a 'AUG 18 2DD7 # Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Angel Rodriguez 4259A Williamsburg Drive Harrisburg, PA 17109 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-1516 CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this 29" day of 2007, 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, Angel Rodriguez, and his current employer, Allied Barton, 3606 Horizon Drive, King of Prussia, PA 19406 to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within 2-o 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, Allied Barton, 3606 Horizon Drive, King of Prussia, PA 19406. By the Court: r Mv .1 oc oov LOU A9VIQ NOHjo?!J' 3Hi ?O 1 x^743 w 0 0 Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Angel Rodriguez 4259A Williamsburg Drive Harrisburg, PA 17109 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-1516 CIVIL ACTION - LAW 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, Angel Rodriguez and the Defendant's employer, Allied Barton, 3606 Horizon Drive, King of Prussia, PA 19406, 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 February 15, 2007 in the amount of $1,087.90, Docket Number CV-0000615-06. Post judgment costs increased this amount to $1,198.40, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on March 20, 2007, under Docket Number 07-1516 Civil Term. 4. There has been no prior judge involvement, except for Ruling by District Justice Placey (see attached). 5. Concurrence of opposing counsel was sought but was not obtained due to the Defendant's lack of appearance at the March 20, 2007 hearing. 6. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV-0000615-06. No response was received from defendant. 7. The Defendant is currently employed at Allied Barton, 3606 Horizon Drive, King of Prussia, PA 19406. 8. 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. 9. 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. 10. Copies of the District Justice Judgment and the proposed attachment order are attached hereto. 11. WHEREFORE, the Plaintiff hereby requests that the Honorable Court issue the proposed rule to show cause against both the Defendant, Angel Rodriguez and his current employer, Allied Barton, 3606 Horizon Drive, King of Prussia, PA 19406. Date: ";y - :;)o C) Respectfully Submitted: Pietro Leone Attorney, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 COMMONWEALTH OF PENNSYLVANIA COUNTY OF. CUMBERLAND 07- 1 Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THON" A..PLACEY ""d- 104 S SPORTING HILL RD MSCKMICSSURG, PA Telephone: (717 ) 761-8230 17050 BENT CW= LIMITED PARTNMSHIP 100 GEORGETOIIM ROAD MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDG1®IT PLTF (Date of Judgment) 2/15/07 ® Judgment was entered for: (Name) BENT CREEK LIMITED PARTaSRSHIP ® Judgment was entered against: (Name) RODRIGUEZ, A=ZL L in the amount of $ 1,19 8.4 Defendants are jointly and severally liable. Damages will be assessed on Date & Time F] 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 $ Amount of Judgment $ 1,087.90 Judgment Costs $ 110.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,198.40 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 JUDGMENTITRANSCRIPT 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 MAGISTE M. D RIC?UDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JU E AY A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT D B't Ft PA-V IN ELIL.L, - SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. !?? r. Fri C ; tV ? t--t T rt a : ? ?L-? L 'NOTICE OF JUDGMENT/TRANSCRIPT ... 4 CIVIL CASE PLAINTIFF: NAME and ADDRESS rBENT CREEK LIMITED PART305 SHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L vs. DEFENDANT: NAME and ADDRESS rRODRIGUEZ, ANGEL L 4259A WILLIAMSBURG DRIPS HARRISBURG, PA 17109 L Docket No.: CV-0000615-06 Date Filed: 10/17/06 to d. I ?,- Date _, Magisterial District Judge I certify that this is a true an/correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-06 DATE PRINTED: 2/16/07 9:05:00 AM .J 7 J 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: Angel Rodriguez 4259A Williamsburg Drive Harrisburg, PA 17109 Date: D , •-? ? - 020 6 7 Respectfully Submitted, ' C)- :?l -I By: Pietro Leone, Attorney, PA Bar IMM 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Angel Rodriguez 4259A Williamsburg Drive Harrisburg, PA 17109 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-1516 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. 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 February 15, 2007 hearing. 3. On August 24, 2007, Plaintiff, Bent Creek Limited Partnership, filed a Petition for A Rule to Show Cause Why an Order Granting Wage Attachment Should Not Issue. 4. On August 29, 2007, this Honorable Court issued a Rule to Show Cause with a return of twenty (20) days. 5. The Defendant has not answered the Rule. 6. 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, Allied Barton, 3606 Horizon Drive, King of Prussia, PA 19406, as well as all current or subsequent employers. Respectfully Submitted: Date: \ 0, r).) - O -) Mark X. DiSanto, Attorney PA Bar #51090 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 certified mail, addressed as follows: Angel Rodriguez 4259A Williamsburg Drive Harrisburg, PA 17109 Allied Barton 3606 Horizon Drive King of Prussia, PA 19406 Respectfully Submi Date: 101- ?` 0 -\ By: Mark X. DiSanto, Attorney, PA Bar #51090 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 Mark X. DiSanto, Attorney, PA Bar 451090 Page 1 of 1 Triple Crown Corporation, Inc. Certificate of Service ? :ea '--J ?.) - - -? ?-? ? -Tl , ? ?' `t `-? .. ? i :? -+ ? J -.. r.J Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Angel Rodriguez 4259A Williamsburg Drive Harrisburg, PA 17109 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-1516 CIVIL ACTION - LAW AHE00EO 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. There has been no prior judge involvement, except for Civil Ruling by District Justice Placey on February 15, 2007 and Rule to Show Cause by Judge Hess on August 29, 2007. 2. Concurrence of opposing counsel was sought but was not obtained due to the Defendant's lack of appearance at the February 15, 2007 hearing. 3. On August 24, 2007, Plaintiff, Bent Creek Limited Partnership, filed a Petition for A Rule to Show Cause Why an Order Granting Wage Attachment Should Not Issue. 4. On August 29, 2007, this Honorable Court issued a Rule to Show Cause with a return of twenty (20) days. 5. The Defendant has not answered the Rule. 6. 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, Allied Barton, 3606 Horizon Drive, King of Prussia, PA 19406, as well as all current or subsequent employers. Date: y0" Respectfully Submitted: Mark X. DiSant , ttorney PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 ? o O PQ rn - r , ? ; c ' ? i? Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Angel Rodriguez 4259A Williamsburg Drive Harrisburg, PA 17109 Defendant OCT' - 8 2007 A11Y IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-1516 CIVIL ACTION - LAW ATTACHMENT ORDER f AND NOW, this 25 day of "6. , 2007, 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, Angel Rodriguez. The Defendant's employer is Allied Barton, 3606 Horizon Drive, King of Prussia, PA 19406. It is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Allied Barton, 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 $1,198.40. 3. The Defendant's current employer, Allied Barton, 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 Mark DiSanto, Attorney, PA Bar 451090 Page I of 1 Triple Crown Corporation, Inc. Attachment Order S I: I I V S Z 130 LOOZ A wi ^w'i{/Y1?7wtF 7i???'3y./.".1? ;[ .rit W .!V Id l