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Home My WebLink About07-1515COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 0-7 - 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 BEAT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: FOR PLAINTIFF Judgment: ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 1,779.1 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 $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 1,678.66 $ 100.50 $ .00 $ .00 $ 1,779.161 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. Date I crertif at this is a true W- Date My commission expires first Monday of January, 2010 TICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rBENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS r-HERTZLER, CAROL 411 SIREN COURT MECHANICSBURG, PA 17050 L J Docket No.: CV-0000686-06 Date Filed: 11/15/06 (Date of Judgment) 2/16/07 BENT CREEK LIMITED PARTNERSHIP HERTZLER, CAROL rial District Judge ngs containing the judgment. , Magisterial District Judge SEAL AOPC 315-06 DATE PRINTED: 2/16/07 8:00:00 AM 91 N't N w ? o a ? v -f? BENT CREEK LIMITED PARTNERSHIP, Plaintiff V. CAROL HERTZLER, Defendant FACTS FROM TRIAL District Court 09-3-04 CV-0686-06 This is a contract action between Landlord and Tenant over the damages incurred in Tenant's early termination of the lease. The lease was signed on 21 July 2006 after the parties' inspection of the premises. Tenant moved into the unit in August 2006 but had possession and paid prorated rent from the time Tenant received the keys. Tenant defends the contractual breach by asserting a breach of the implied warranty of habitability claim. Tenant indicates that the carpeting caused her hives and that there was an overpowering odor of cat urine. The carpeting was new and in the same conditions as it was upon inspection. The urine smell noticed at inspection was then believed to be cleaning agent by product. Upon verbal complaint to Landlord efforts were made to assess and address Tenant's complaint, which was thwarted by Tenant's scheduling conflicts. An offer to relocate Tenant was rebuffed because Tenant did not want to rechange her address and again move her not yet unpacked boxes and furnishings. Tenant moved out on September 26"' citing the intolerable conditions and having given notice of early termination in August 2006. Landlord responded by letter recommunicating the break lease fees agreed to by the parties in the lease. DISCUSSION The general rule of law, known as caveat emptor or let the buyer beware, is applicable in landlord/tenant actions. There are exceptions to the rule for latent or hidden defects; however, this does rot absolve the parties from reasonable actions under the contract lease. In this action Landlord has shown compliance with the terms of the lease. Now the defects are reviewed to see if they offset the Landlord's damages. The brand new carpet and padding that was clean but crunchy to the touch, is not a latent defect. It may be a product liability issue with the manufacturer but it is not a defect of the Landlord to use commercially available new carpeting. The adverse reaction to the carpet by Tenant was available for and was inspected prior to the contract, which cannot now be used as a claim against Landlord for allowing intolerable conditions. of' e0i*t&, %N14 The purported urine smell, as well as the carpet, were sought to be addressed by Landlord; however, Tenant declined remediation, choosing instead to break the lease. Landlord requests for access to the unit were declined by Tenant out of fear of her dog getting loose and not being available while Landlord stood ready willing and able to access and address the problems cannot be held against the Landlord. Indeed, Landlord's requests for attempt remediation were reasonable and Tenant's denial of those requests was unreasonable. The law regarding inhabitability claims provides that the tenant must: (1) give specific notice to the landlord of the problems; (2) give landlord reasonable opportunity to inspect; and (3) give the landlord a reasonable time to correct the defects. Tenant in this case has failed to give the requisite opportunity to inspect and time to remedy, which negates the Court's ability to set off Landlord's claim for a breach of the implied warranty of habitability. Judgment is in favor of Landlord in the amount of $1678.66 with costs of this action on Tenant. The parties have previously been advised of their appeal rights and the original exhibits have been returned to the presenting party. B the 16 JAN 07 Date Thomas A. Placey M.D.J. ? N c frim _? C7 Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Carol Hertzler 411 Wren Court Mechanicsburg, PA 17050 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-1515 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, Carol Hertzler and the Defendant's employer, Delta Dental, 1 Delta Drive, Mechanicsburg, PA 17055, 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 16, 2007 in the amount of $1,678.66, Docket Number CV-0000686-06. Post judgment costs increased this amount to $1,779.16, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on March 20, 2007, under Docket Number 07-1515 Civil Term. 4. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV-0000686-06. No response was received from defendant. 5. The Defendant is currently employed at Delta Dental, 1 Delta Drive, Mechanicsburg, PA 17055. 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 81.27. 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, Carol Hertzler and her current employer, Delta Dental, 1 Delta Drive, Mechanicsburg, PA 17055. Respectfully Submitted: Date: / / lg " o 7 / W). )-. -?? / Pietro Leone Attorney, PA Bar 485127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 COMMONWEALTH OF PENNSYLVANIA C;(-) I INTY (-) F CUMBERLAND Mag. Dist. No 09-3-04 s MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHA.NICSBURG, PA Telephone (717 ) 761-8230 17050 BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 1,779.11 (Date of Judgment) 2/16/07 BENT CREEK LIMITED PARTNERSHIP HERTZLER, CAROL F1 Defendants are jointly and severally liable. F1 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 Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 1,678.661 $ 100.50 $ .00 $ .00 $ 1,779.16 Certified Judgment Total $ 1 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 M UST 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 JU,Bf.MEnMA ILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR Pl6S IN LL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 4?. E) ;r? t s i 7f Date Magisterial District Judge I certif tat this is a true a. py e recor eedings containing the judgment. WOO? 4g- _ Date Magisterial District Judge My commission expires first Monday of January, 2010. SEAL A.OPC 315-06 DATE PRINTED: 2/16/07 8:00:00 AM NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE c PLAINTIFF: NAME and ADDRESS _ FBENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 VS J DEFENDANT: NAME and ADDRESS FHERTZLER, CAROL 411 WREN COURT MECHANICSBURG, PA 17050 L_ J Docket No.: CV-0000686-06 Date Filed: 11115106 h CERTIFICATE OF SERVICE I hereby certify that I am this day serving Plaintiffs 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: Carol Hertzler 411 Wren Court Mechanicsburg, PA 17050 Date: y- IS- 07 Respectfully Submitted, Y: Pietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 S lk Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 07-1515 Carol Hertzler 411 Wren Court CIVIL ACTION - LAW Mechanicsburg, PA 17050 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. Defendant is pro-se. 3. Given Defendant is pro-se, concurrence of opposing counsel cannot be obtained. Respectfully Submitted: Date: 5- 7 ? o2v y 7 e 'etro Leone Attorney, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND to - Mag. Dist. No.: 09-3-04 NOTICE OF JUDGMENT/TRANSCRIPT (?J CIVIL CASE PLAINTIFF: NAME and ADDRESS 7BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA L J VS. DEFENDANT: NAME and ADDRESS Telephone: (717 ) 761-8230 17050 FEERTZLER, CAROL 411 WREN COURT MECHANICSBURG., PA 17050 BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: ® Judgment was entered against: (Name) HERTZLER, CAROL in the amount of $ 11779.16 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 ,$ Amount of Judgment $ 1,678.66 Judgment Costs $ 100650 Interest on Judgment $ - .00 Attorney Fees $ -00 Total $ 1,779.16 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 DISTRI CT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JL"ME MA 41LE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBCLDR P IN LL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. c N) C Date L-1/I-- I certif at this is a true py ere 1l- Date My commission expires first Monday of January, 2010 L J Docket No.: CV-0000686-06 Date Filed: 11/15/06 (Date of Judgment) 2/16/07 (Name) BENT CREEK LIMITED PARTNERSHIP Magisterial District Judge ngs containing the judgment. , Magisterial District Judge SEAL AOPC 315-06 DATE PRINTED: 2/16/07 8:00:00 AN ,?- -r t a``?.. ....t ? -gin ' ?> ? ?,?-? ; : --? 1 w? ; - r _ _ ? ?`_.? Y _ , ,.a ??? ? _ _f_a Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Carol Hertzler 411 Wren Court Mechanicsburg, PA 17050 Defendant APR 8 6 2007 M/ IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-1515 CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this (Q day of nco? 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, Carol Hertzler, and her current employer, Delta Dental, 1 Delta Drive, Mechanicsburg, PA 17055 to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within c U 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, Delta Dental, 1 Delta Drive, Mechanicsburg, PA 17055. By the Court: 0 ti? ?z??t+71?r 1 .?r;t?+?' i? ? ? . ; `?„-?S? ?a ?r?+?`?'` ri?,+'t?"'r fE???? ,.. . Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Carol Hertzler 411 Wren Court Mechanicsburg, PA 17050 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-1515 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, Delta Dental, 1 Delta Drive, Mechanicsburg, PA 17055, as well as all current or subsequent employers. Respectfully Submitted: Date: y' a)a6 -7 etro Leone, Attorney 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 certified mail, addressed as follows: Carol Hertzler 411 Wren Court Mechanicsburg, PA 17050 Delta Dental 1 Delta Drive Mechanicsburg, PA 17055 Date: 6 - 7- A D -7 Respectfully Submitted, By: Pietro Leone, Attorney, PA Bar #85127 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 t"1 r?...?? c7 ti ti: . Y f.? -vyt 1 ?'i ~? M1? ?t ?r ?, ?/ ?o Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 07-1515 Carol Hertzler 411 Wren Court CIVIL ACTION - LAW Mechanicsburg, PA 17050 : Defendant 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. Defendant is pro-se. 3. Given Defendant is pro-se, concurrence of opposing counsel cannot be obtained. Respectfully Submitted: Date: (9 - /3 - °100 Pietro Leone Attorney, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 ?`? ? f t k f ?=' e+ .t ?i _ - ?? ., . ,. J ) { ? ? 1 ? I ?? . ?.-_' T?' ) _;.:t i..L. ?, ? a ?, Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Carol Hertzler 411 Wren Court Mechanicsburg, PA 17050 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-1515 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-0000686-06 and an Order for a Rule to Show Cause by Judge Ebert, docket number 07- 1515 Civil Term. 2. Given Defendant is pro-se, concurrence of opposing counsel could not be obtained at the February 16, 2007 hearing, docket number CV-0000686-06. Concurrence was not obtained on the filing of the Rule to Show Cause Order number 07-1515 Civil Term. Respectfully Submitted: Date: lam' 'Al-, '206 lii?eetroo Leone Attorney, PA Bar #8512 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 n r,.a d -r ! Tt i? e ... F' CO j C '".. 1,0 C5 rn 4= 1k, Bent Creek Limited Partnership IN THE COURT OF COMMON PM* 7 MR 04 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 07-1515 Carol Hertzler 411 Wren Court CIVIL ACTION - LAW Mechanicsburg, PA 17050 Defendant ATTACHMENT ORDER AND NOW, this ?G day of , 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, Carol Hertzler, and the Defendant's employer, Delta Dental, 1 Delta Drive, Mechanicsburg, PA 17055, it is hereby ORDERED AND DECREED as follows: The Defendant's current employer, Delta Dental, 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 $1,779.16. 3. The Defendant's current employer, Delta Dental, 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 5 vl 40. R t ! o? 6 1 i14 ,? 9 ?Ilr tOgZ