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Home My WebLink About07-4119COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CDI!<81lxLA1~D D 7 - ~// Mag. Dist. No.: 09-3-04 MDJ Name: Hon. TH011tA8 A. PLAC$7[ Address: 104 S SPOZLTING HILL RD lIIBCHA>siICSB~BG, PA Telephone: (717) 761-8230 17050 BAIT CHSBS LII[ITBD PAZLT)i8>6tSHIP 10 0 G808GBTOlinil 80AD >II$CHA]IIICSBII>6LG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAIILT JODGIttffiiT PLTF (Date of Judgment) 6./07/07 ® Judgment was entered for: (Name) 88JdiT CitBBS LI11[ITSD PA1LT1~SjtSHIP ® Judgment was entered against: 3 (Name 952 7) 1[01iSRY, JISRHHY C/0 SORDffiLS DIST C~IT1t in the amount of $ Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to AttachmenU42 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 $ 3,836.20 $ 116.50 $ .00 $ 3,952.7 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. U(~~! oCGb"/ Date I certify that this is a ti O'/ :;100% Date My commission expires first Monday of January, 2010 - NOTICE OF JUDGMENT/TRANSCRIPT ;~ CIVIL CASE PLAINTIFF: NAME and ADDRESS rB8ldIT C~L88S LI11[ITSD PAZtTllIBRSHIP ~ 10 0 G80>6LG1STOiilll LOAD 11t8CHA1~ICSBIIRG, PA 17 05 0 L. J VS. DEFENDANT: NAME and ADDRESS ~>sow>sxy,~~enr c/o BouDBxs .DIST CIIIT~A 1501 LOGISTIC D>6tIV$ CA>6LLISLB, PA 17013 L. J Docket No.: CV-0000270-07 Date Filed: 4/25/07 - Magisterial District Ju ings containing the judgment. ,Magisterial District Judge SEAL AOPC 315-06 DAT$ P]6LIIfIT)®: 6/ 0 7/ 0 7 10 :15:0 0 A11[ ~~~ C s ° . -u t~ rn r_;, , ... ~ c r-- aim ~ -cl . ~~ - a t ~^ ~1 . \ 1 'J 1b~. v V ((~~ ~/l ~~ ~~ Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Jeremy Mowery c/o Borders Distribution Center 1501 Logistic Drive Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-4119 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, Jeremy Mowery and the Defendant's employer, Borders Distribution Center, 1501 Logistic Drive, Carlisle, PA 17013, 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 June 7, 2007 in the amount of $3,836.20, Docket Number CV-0000270-07. Post judgment costs increased this amount to $3,952.70, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on July 11, 2007, under Docket Number 07-4119 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 June 7, 2007 hearing. 6. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV-0000270-07. No response was received from defendant. 7. The Defendant is currently employed at Borders Distribution Center, 1501 Logistic Drive, Carlisle, PA 17013. C 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, Jeremy Mowery and his current employer, Borders Distribution Center, 1501 Logistic Drive, Carlisle, PA 17013. Respectfully Submitted: Date: ~' /~ ~ a~07 ietro Leone Attorney, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 ,. ~ COMMONWEALTH OF PENNSYLVANIA ~OT1CE OF JUQGMENT/TRAIVSCRiPT ~nl IN"T'V nF~ CUMBERLAND G7- ~//~ CIVIL CASE Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: lO4 S SPORTING HILL RD MECHANICSBIIRG, PA Telephone: (717 ~ 761-8230 17050 BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 THIS 1S TO NOTIFY YOU THAT: Judgment: DEFAULT JQDGMENT PLTF PLAINTIFF: NAME and ADDRESS r ~ BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L. J VS. DEFENDANT: NAME and ADDRESS rMOWSRY,JEREMY C/O BORDERS DIET CNT~R 1501 LOGISTIC DRIVE CARLISLE, PA 17013 L J Docket No.: CY-0000270-07 Date Filed: 4/25/07 _ : ~ (Date of Judgment) 6/07/07 ® Judgment was entered for: (Name) BENT CREEK LIMITED PARTNERSHIP ® Judgment was entered against: (Name) MOWERY, JEREMY C/O BORDERS DIST CNTR in the amount of $ 3, 952.7 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 $ 3, 836.20 Judgment Costs $ 116.50 Interest on Judgment $ • ~ Attorney Fees $ . 00 Total $ 3, 952.70 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Tota! $ 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 DISTRIGT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~ ~ l 0~`1 ~ Date I certify that this is a tl ~ ~ G~ C-d" Date My commission expires first Monday of January, 2010 t7 0 - ~' _ .~, ~~ ~3 __ ~ ~E, __ t. _} ` - - isterial Dis~~ct JL~e Ma .-)" ~ - g ings containing the judgtnentr.~ ` ,Magisterial District Judge SEAL AOPG 315-06 DATL PRINTED: 6/07/07 10:15:00 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: Jeremy Mowery c/o Borders Distribution Center 1501 Logistic Drive Carlisle, PA 17013 Date: 7 -' l7' ~~ 0 7 Respectfully Submitted, r By: Pietro Leone, Attorney, PA Bar #85127 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 ~...~ ,. 7 ---' .--~ i { ~ rc ^rr-- r-_ ,,;'S ;. _^ ~= __ • -'~ ~~ r'- ~~-<: ~, ~, BENT CREEK LIMITED PARTNERSHIP, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JEREMY MOWERY, DEFENDANT 07-4119 CIVIL TERM ORDER OF COURT AND NOW, this 2" i day of July, 2007, a Rule is entered against Jeremy Mowery and Borders Distribution Center to show cause why the relief requested should not be granted. Rule returnable ten (10) days after service. By the Cou Edgar B. Bayley;'J. Pietro Leone, Esquire For Plaintiff remy Mowery c/o Borders Distribution Center 1501 Logistic Drive Carlisle, PA 17013 :sal rip\e Crow .~ c~ ~-.~ ~~ ~-: r ~-; ~~ -- <. v r-- -~ ~a:. - ~i-~.. ~.-~ n~ {"~ T..._. _..1 u- ~ ~"~ ~ C.3 ~ ~ BENT CREEK LIMITED IN THE COURT OF COMMON PLEAS OF PARTNERSHIP, :CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. JEREMY MOWERY, DEFENDANT 07-4119 CIVIL TERM ORDER OF COURT AND NOW, this day of September, 2007, upon consideration of the petition for a Rule to show why an order granting a wage attachment should not issue, and no response being filed by the defendant, Jeremy Mowery, or defendant's employer, Borders Distribution Center, 1501 Logistic Drive, Carlisle, PA 17013, IT IS ORDERED, pursuant to the Judicial Code at 42 Pa.C.S. Section 8127, that: 1. Borders Distribution Center shall garnish the wages of Jeremy Mowery in the amount of 10% of his net wages per pay period until notified by plaintiff that the judgment entered herein is marked satisfied. "Net wages" means all wages paid less only the following items: Federal, State and Local taxes, F.I.C.A. and non-voluntary retirement payments, union dues, and health insurance premiums. 2. The amount of the judgment is $3,952.70. 3. Borders Distribution Center shall send checks, for each pay period of the defendant, in the amount specified in Paragraph 1 above, made payable to Triple Crown Corpora#ion agent for Bent Creek Limited Partnership, to the Office of the Prothonotary at One Courthouse Square, Carlisle, PA 17013, who shall record the amount paid on the docket and then forward the checks to Triple Crown Corporation, 5351 Jaycee Avenue, Harrisburg, PA 17112. ;.' C -~~ $-:` ,,, ~'e -4 ~~~ ~, ~, -n c.~tt ^~- C.;~~ -~i~ n ~_ :~ ~~ Ct? ~ ~~ 4. Borders Distribution Genter is entitled to deduct from the monies collected the costs incurred for the extra bookkeeping necessary to record each transactions not exceeding $5 of the amount of money so collected for that transaction. By the Edgar B ~etro Leone, Esquire 5351 Jaycee Avenue Harrisburg, PA 17112 For Plaintiff ~emy Mowry c/o Borders distribution Center 1501 Logistic Drive Carlisle, PA 17013 ~Plorders Distribution Center 1501 Logistic Drive Carlisle, PA 17013 :sal ~e Crow rs ~o P ~' J A +,, Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Jeremy Mowery c/o Borders Distribution Center 1501 Logistic Drive Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-4119 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 judge involvement, Ruling CV-0000270-07 by District Justice Placey and Order of Court Ruling 07-4119 Civil Term by Judge Edgar B. Bayley. 2. Concurrence of opposing counsel was sought but was not obtained due to the Defendant's lack of appearance at the June 7, 2007 hearing, and lack of response to Order of Court Ruling 07-4119 Civil Term. 3. On July 17, 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 July 27, 2007, this Honorable Court issued a Rule to Show Cause with a return often (10) 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, Borders Distribution Center, 1501 Logistic Drive, Carlisle, PA 17013, as well as all current or subsequent employers. Date: 8 " ~~ " aoo Respectfully Submitted: Pietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 `~ , CERTIFICATE OF SERVICF~ 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: Jeremy Mowery c/o Borders Distribution Center 1501 Logistic Drive Cazlisle, PA 17013 Borders Distribution Center 1501 Logistic Drive Cazlisle, PA 17013 Date: ~ o" l ~A y~ Respectfully Submitted, y: Pietro Leone, Attorney, PA Baz #85127 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 ~Ci~ Z 7 2001 ~t a BENT CREEK LIMITED IN THE COURT OF COMMON PLEAS OF ~'~`~' PARTNERSHIP, :CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF .. JEREMY MOWERY, DEFENDANT 07-4119 CIVIL TERM ORDER OF COURT AND NOW, this day of September, 2007, upon consideration of the petition for a Rule to show why an order granting a wage attachment should not issue, and no response being filed by the defendant, Jeremy Mowery, or defendant's employer, Borders Distribution Center, 1501 Logistic Drive, Carlisle, PA 17013, IT IS ORDERED, pursuant to the Judicial Code at 42 Pa.C.S. Section 8127, that: 1. Borders Distribution Center shall garnish the wages of Jeremy Mowery in the amount of 10% of his net wages per pay period until notified by plaintiff that the judgment entered herein is marked satisfied. "Net wages" means all wages paid less only the following items: Federal, State and Local taxes, F.I.C.A. and non-voluntary retirement payments, union dues, and health insurance premiums. `O R ~ RS® Phoenix Drive n Arbor, MI 48108-2202 //~~ 'L''J/ ~ V~r ! l~ I ~ a ~J pU N ~' N dLL S~P~ ~r~ ~;~ PITNEY MOINES 0 2 1 A ~ 00.3s~ 0004339015 NdV02 2007 MAILED FROM ZIPCODE 481 08 ~ ~~ i~vi3 :i.°HI"'l~""~'~ i i ~~w ~ ~ Irtr~llfrrlllrrrrrrllr~llrrrElerrEleretrir[ElrtrlrrtrirrlFtr~t ^s Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Jeremy Mowery 1501 Logistic Drive Carlisle PA 17013 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 4119 Civil CIVIL ACTION -LAW Praecipe to Enter Appearance for 3udgment L Kindly enter the appearance for Mark X. DiSanto, Attorney for the plaintiff - PA Bar #51090. To: Court of Common Pleas Prothonotary 6• z3•o4 Date Mark . DiSanto, A ar #51090 5351 3aycee Avenue Harrisburg, PA 17112 717-657-5729 ,,, G --.;; ~ c r' f_,"- ,,' ~ . _.'~ .~ c~ -~ c_ c- ~.~..~ ~.,- • r^... m ~,r '` j t'1"d •-C '~ Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs Jeremy Mowery 1501 Logistic Drive Carlisle PA 17013 Defendant 1. Judgment is paid in full. 2. Please satisfy this judgment. To: Co//urt of Common Pleas Prothonotary b'z~~d ~ Date NO. 2007 - 4119 Civil CIVIL ACTION -LAW Praecipe to Satisfy Judgment Mark X. DiSanto, Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 -rl a~ 1°f"~W~ ~ ~ xi ~ ~ a:_3 1"' _~ ~.' y _.. ~ ~. y.~ ~) ~ ~"- ~A ~' r.~ ~_