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Home My WebLink About04-4448 09-3-04 O~ - 44L1f Ctu~LTia.:n1 NOTICE OF JUDGMENT/TRANSCR'PT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'BENT CREEK LIMITED PARTNERSHIP I 5351 JAYCEE AVENUE HARRISBURG, PA 17112 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dis!. No OJ Name: Hon THOMAS A. PLACEY Addem 104 S. SPORTING HILL RD. MECHANICSBURG, PA L -.J VS. 17050 DEFENDANT: 'FuLTZ, DANE LYNN 15 ROSEMONT AVENUE LEWISTOWN, PA 17044 L NArvE and ADDRESS T",phOoo (717) 761-8230 I BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 Docket No.: CV- 0000348 - 04 Date Filed: 6/14/04 -.J . !'lit \,~' .. THIS IS TO NOTIFY YOU THAT: J~dgment: .nEFAUI.T".~.PL'l!F-. w w Judgment was entered for: (Name) RF.N'T' ~RF.F.'R" T.TMT'l'F.n PAR'1'NF.R~HTP Judgment was entered against: (Name) FULTZ, nANE T,YNN in the amount of $ 4,R74.4? on: (Date of Judgment) 7/??/04 o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 4,760.92 $ 113.50 $ .00 $ .00 $ 4,874.42 O Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ D Portion of Judgment for physical damages arising out of residential lease $ Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPI5AL WITHIN 30. DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF 'APPEAL WITH 'n-ieP'ROTHoNoi'ARY/cLERK OFi'HECOURl'OF COMMo-NPLEAS; 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 DISTRICT JUSTICES, IF THE JUDGMENT 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL. SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 1\'-~ of D., t( I eeTfY that this IS a true a copy of thZ'" re . rd of the p oceedl 1 \"2.-').. \ Dt Date - My commission expires first Monday of Januar., 2110 , Dietriet Justice s containing the judgment , District Justice SEAL AOPC 315-03 DATE PRINTED: 7/22/04 4:09:32 PM ~,,.,.="'=c-_--"'.m'_~___---'-,.--.-------..-.--.--.-------.-.--.,-------~_.-,- ----..--- -_.-----'- GiU~~ ~~'ii.~ (ri ~ ~ lI) ~ ~~ ~ t -fr r r ~ (J "'" (~~ ~~ _', .I:- ,'-- (/;) po: -v ~ (', -h" - :;:;:: :"( C) o Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg,PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs NO. 04-4448 Dane Fultz 15 Rosemont Avenue Lewistown, P A 17044 Defendant 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, Dane Fultz and the Defendant's employer, Net Lead Professionals, 15 Rosemont A venue, Lewistown, P A 17044, in support thereof avers as follows: I. 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 July 22,2004 in the amount of$4,760.92, Docket Number CV-0000348-04. Post judgment costs increased this amount to $4,874.42, which is shown on the certified judgment 3. The District Justice Judgment was filed with this Court on September 1, 2004, under Docket Number 04-4448 Civil Term. 4. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV -0000348-04. No response was received from defendant 5. The Defendant is currently employed at Net Lead Professionals, 15 Rosemont Avenue, Lewistown, P A 17044. 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, Dane Fultz and his current employer, Net Lead Professionals, 15 Rosemont Avenue, Lewistown, P A 17044. Respectfully Submitted: Date: '3 ol~ - 00 /?f ], ~ . / ~one Attorney, P A Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 . 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 ofPa, R.C.P. 440: Service by certified mail, addressed as follows: Dane Fultz 15 Rosemont Avenue Lewistown, PAl 7044 Respectfully Submitted, Date: 3-)4-00 {4".o L~O: 2:--- PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 . COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-04 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~ENT CREEK LIMITED PARTNERSHIP I 5351 JAYCEE AVENUE HARRISBURG, PA 17112 Mag. Oist. No OJ Name HOrl THOMAS A. PLACEY Add"" 104 S. SPORTING HILL RD. MECHANICSBURG, PA L -1 VS. T,I'ph,oo (717) 761-8230 17050 DEFENDANT: NAME and ADDRESS IpuLTZ, DANE LYNN 15 ROSEMONT AVENUE LEWISTOWN. PA 17044 L I BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 Docket No.: CV- 0000348 - 04 Date Filed: 6/14/04 -1 a~. ~ " THIS IS TO NOTIFY YOU THAT: Judgment: .DF.FA HI .'!'..JUDGMF.N!J'..PVT'F~.' ~ ~ Judgment was entered for: (Name) 'RRNr'fl l'RR'RR" T.TMT."Rn in the amount of $ (Date of Judgment) P~R1flNF.R~~rl)p ~ ~:; ~ U'l ,', -" , . ~ --n Judgment was entered against: (Name) FIn.'!'?: DANF. I,YNN --, o Amount of Judgment Subject to AttachmentJ42 Pa.C.S. S 8127 $ -, ~,;.. Amount of Judgment .......-. $':'4 ,760.92 -" $<C::; 1'-13.50 Judgment Costs -:.: Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 4,874.42 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ --'" ~, ~~~ \::, '''', ;.'=-( nl;:-L' -n,:;-; --:; (-~ ~~S~), :,..;o.:\..!_, 4 R74 4? on: ~=/'?? j 0 4 o o o Defendants are jointly and severally liable. (Date & Time) " ":.;..-;-{; Damages will be assessed on: This case dismissed without prejudice. D Portion of Judgment for physical damages arising out of residential lease $ ANY PAR~Y HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEACWiTH'TH'itPFIOTHONOTARYiciERk OF'THE eQURl-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 DISTRICT JUSTICES, IF THE JUDGMENT 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date , District Justice s containing the judgment. Date , District Justice My commission expires first Monday of Janua), 2~10 SEAL AOPC 315,03 n:a.rr"R PRTN'rr"Rn. 7/??/04 4,OQ,1?' PM C1 ',. ,~ ::::J f'^' ---' ;,.";l " <..,) C) -n ..-I fE;:D I?; - .... Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Dane Fultz Defendant 04-4448 CIVIL ORDER OF COURT AND NOW, this 30th day of March, 2006, upon consideration of the foregoing petition. IT IS HEREBY ORDERED AND DIRECTED that: 1, A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or before April 17, 2006; 3, The petition shall be decided under Pa,RC.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. Net Lead Professionals, 15 Rosemont Avenue, Lewistown, P A 17044 by the Petitioner; 5. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an eVidentiary hearing shall be held on 26th day of April. 2006. at 3:00 p,m. in Courtroom No, 5 of the Cumberland County Courthouse, If no answer to the Rule to Show cause is filed by the required date. the relief request by Plaintiff shall be granted, By the Court, ~)y "" ~/~ ~\Y,cy ) "~D~ ( \' 0)0 nz ,0 U',/ o .'J ,'ie'," "O'i1.0i"'.1 \~"I ,-(JI.. I j~' \(1->I! C!:(IZ c.. u e ~;:r, /'.;1) 1.1.\"" ~l 3;~ll .:10 :0--(1:111,1 . Pietro Leone, Esquire Attorney for Plaintiff Dane Fultz 15 Rosemont Avenue Lewistown, PA 17044 Defendant bas .. Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PAl 7112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs NO. 04-4448 Dane Fultz 15 Rosemont Avenue Lewistown, P A 17044 Defendant CIVIL ACTION - LA W 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 March 24, 2006, 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 March 30, 2006, this Honorable Court issued a Rule to Show Cause with a return on or before April 17, 2006. 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, Net Lead Professionals, 15 Rosemont Avenue, Lewistown, P A 17044, as well as all current or subsequent employers. ~ Respectfully Submitted: Date: 7~ 3 " O(p etro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PAl 7112 (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 ofPa, R.C.P. 440: Service by certified mail, addressed as follows: Dane Fultz 15 Rosemont Avenue Lewistown, P A 17044 Net Lead Professionals 15 Rosemont Avenue Lewistown, P A 17044 Respectfully Submitted, Date: 5~s,. ()ft; ~) - ---- y: Pietro Leone, Attorney, PA Bar #85127 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 0 f'.) <:::3 ~ C <= s: c::r- -0 t'1) ::Jt ~:o mrc > Z'.:' -< ~~ Zr I (J) I; :$....~ U1 r.c:;. <. ~ ,i!-r ~..... -0 b~ .-;;:.,--, -g :Ill: -;:- )> ~ w Om ~ 0 ?5 -J -< ~v ',. , 5 Bent Creek Limited Partnership 5351 Jaycee Avenue PENNSYLVANIA Harrisburg,PA 17112 Plaintiff IN THE COURT OF COMMO CUMBERLAND, COUNTY, Y:i"'TV;, .... '"' r-~.~..'. MAY 0 ~ 2006 }3Y:__.._i.~._. Vs NO, 04-4448 Dane Fultz 15 Rosemont Avenue Lewistown, P A 17044 Defendant CIVIL ACTION - LAW ATTACHMENT ORDER 1h AND NOW, this ~ day of M 1\ '( ,2006, 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, Dane Fultz, and the Defendant's employer, Net Lead Professionals, 15 Rosemont Avenue, Lewistown, P A 17044, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Net Lead Professionals, 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 $4,874.42. 3. The Defendant's current employer, Net Lead Professionals, and all subsequent employers of the Defendant are hereby ORDERED to send checks, for each pay period ofthe Defendant, in the amount specified in paragraph I 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 ,~~~ .~ lifN't^1J..SNN3d AlNnCO :Ji.!'m::;8V'lfl:) SZ :'1 Wd G- AVW 900Z AtfttlONOH100d 3HJ.. :lO D:HG-<13l1::1