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HomeMy WebLinkAbout04-4829TH COURT OF COMMON PLEAS Judicial District, County of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. (W- ?9129 6v;l NOTICE OF APPEAL V 7' 2Y• o?obC,/ Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NrrtLL NT Mirl nPl " up- CV- 0600g30-Oq 69-. •• w'-- ue signea ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. NOTICE OF APPEAL "'"'" ? •.V. r.V.J. /VO. IUU)(b) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. SgnaN,a of Profhwrofery ornepufy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ',?A- Cceek U(Vt Name or appellees) appellee(s), to file a complaint in this appeal (Common Pleas No. 4 ?- L629 C Wt] ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. W7W V6 nrr??" RULE: To S01 UeeeeLVq(W f ,l?t'kfS{11y?, appellee(s) Signature or apps/ orattome agent 'N Name o/eppellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE= ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. f/1? Date: _?+ ay 20 0t/ _ _" Signature o ton ary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF AFFIDAVIT: I hereby (swear) (affirm) that I served ss ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, , on sender's receipt attached hereto, and upon the appellee, (name) 20 ? by personal service ? by (certified} (registered) mail, senders receipt attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED B 20ORE ME THIS DAY OF -- -' - Signature c/aHiant Signature of Ofllcrel be/Ore Whom a?davrt wes made ? N ? Q t ? rrI M Title of Ofcial rr, / f ?'? T rIl My commission expires on 20 5Q n m < AOPC 312A - 02 COMMONWEALTH OF PENNSYLVANIA cnI INTV nF CUMBERLAND No: 09-3-04 DJ Name: Hon. THOMAS A. PLACEY Address. 104 S. SPORTING HILL RD MECHANICSBURG, PA Teleph.w (717 ) 761=8230 17050 0z4-'-f59 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS FBENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L J Vs. DEFENDAN NAME and ADDRESS FWAGNER, MICHAEL, ET AL. 517 PARR AVENUE NEW CUMBERLAND, PA 17070 MICHAEL WAGNER L J 517 PARR AVENUE DocketNo.: CV-0000430-04 NEW CUMBERLAND, PA 17070 Date Filec1: 7/23/04 THIS IS TO NOTIFY YOU THAT: .. -,Judgment:-,- ..... ..:DEFADLT=.TTTDGMENT--PLTF ?X Judgment was entered for: (Name) BENT rRF.RTr T.TMTTF.n 9ARTNRRSHIR X? Judgment was entered against: (Name) wAC_NEg, RTMRF.RLY ZD amount of $ 1 , 07g _ 50 on: dan ts are jointly and severally liable. D Damages will be assessed on: 7 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 $ (Date of Judgment) $/26/n4 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total ANY .PARTY .HAS THE RIGHSTTO APPEAL WITHIN 39 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 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. C ! Date District Justice 0 Lerbl', h at this is a true a dings contalnmg ttib judgment. Date District Justice ( Ir I,/ My commission expires first Monday of JaI-94, 2010 . SEAL AOPC 315-03 DATE PRINTED: 8/27/04 11:17:58 AM o l ? 1 v III rT ?F . Cn iTS ? r ":r 1' V -rjp x^c . - { CD COMMONWEALTH OF PENNSYLVANIA L:UUN IY OF: L:ON1J1SX1,ALWJ Mag. Dlsl. No.' 09-3-04 DJ Name: Hon. THOMAS A. PLACEY Address. 104 S. SPORTING HILL RD. MECHANICSBURG, PA Teleph.0e: 1717 761-8230 17050 MICHAEL WAGNER 517 PARK AVENUE NEW CUMBERLAND, PA 17070 THIS IS TO NOTIFY YOU THAT: Judgment: 0 Judgment was entered for: 0U- vp2 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 7 BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L J VS. DEFENDANT: NAME and ADDRESS [-WAGNER, MICHAEL, ET AL. 517 PARK AVENUE NEW CUMBERLAND, PA 17070 L J No.: CV- 000043 0 - 04 te Filed: 7/23/04 I (Name) RRWT f`RR.RR 7.TTRTTF.T) PARTNRR RHTP 7X Judgment was entered against: (Name) WAGGER MICHAl;L I the amount of $ 1 , o79 SO on: (Date of Judgment) R/26/1714 (Defendants are jointly and severally liable. (Date & Time) 7 Damages will be assessed on: ? This case dismissed without prejudice. lease $ Amount of Judgment $ Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential Judgment Costs $ Interest on Judgment $ Attorney Fees $ Total T1 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 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. *' , tltl ?? S 21 Date District Justice .1. I certify th t this is a true p oceedings containing_1t e judgment. Date _ " ;District Justice- My commission expires first Monday of January, 2010 . SEAL AOPC 315-03 DATE PRINTED: 8/27/04 11:17:35 AM (ibl- ? 1 k3 c - N O 0 _ y. ?7 - 2-1 Cam? ,'q N . 71 Ql G C) o CS r Q - rn 1 F ?7 C 1 9 y ? Z5M s- N PROOF OF SERVIGE OF NOT CE OF APPEAL AND RULE TO FILE COMPLAIN a j i'fieC4 8x'JF?Hc8b7e bOXf'S.} (This proof of service MUST BE FILED WITHIN TEN (90) DAYS AFTER filing of the nrtice of af.pod COMMONWEALTH OF PENNSYLVANIA as COUNTY OF C V r^"1V.e'f (6.._ AFFIDAVIT: I hereby (swear) (affirm} that i served N _L(42 quFan the District Justice tes g tat<:Ll therein on a copy of the Notice Of Appeal, Come' on Pleas NO ervice i jay (,Fi" he i, t ag4s2ered) +na44. bypersanai s9641 (date of service) 0C'?' Ll Ie ©`I sender's recelPt attached hereto, and upon the appellee, (Warne) 20 rsonal service Dc? u sender's receipt attached hereto (SWORN) AFFIRMED) ANAL a ?,CRIi _ g%FORE.... E THIS,Cf -., DAY OF LXUKLX-e ?/.._ aatUre ciat before L. nfndewt was made TIIIe Or OKGiar O My commission expires an y -y 120 NOTARIAL SEAL CLAUDEA-A. BREWBAKER, NOTARY PUBLIC Ceisle Bp,o, Cumberland County My Commission Expires April 4, 2005 1X7 by pe by (certified) (registered) mad, grgr?l i?ra of Olhgnc AQPC 312A-02 OMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL ? FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL ' Notice is given that the appellant has filed in the above Court 2 Of Common Pleas an the date and in the case referenced below. y °eD?y appeal from the judgment rendered by the District Justice on NAME OF APPELANT MICF,QeI Ki rq[ J MAG. pIST N0. ODRESS OF APPELLANT I ?'?\` hG,_? nr? NAME OF D.J, CV- 0600430 -oy R.C. P. D.J. No. 10086 vrvur when this notation is required under Pa. This Notice of Appeal, when received by the District Justice, will Operate as a SUPERSEDEAS to the judgment for possession in this case. - Sgneture olProthoiw(ary wDepwy I- 11-- ,, a Distract Justice, A "' -coon COMPLAINT MUST BE FILED within twenty (20) days after riling the NOTICE Of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT NOT USED, detach from copy of notice of appeal to be served upon appellee. (see Pa.R.C. P.D.J. No. 1001(7) inaction before District Justice. IF PRAECIPE: To Prothonotary Enter rule upon 6H??- CffPk L,014,? P, 4, h. Nameorappel/ee(S) aPPellee(s), to file a complaint in this a (Common Pleas No. t p? appeal y - ? 6 29 C ??r ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To `Ioi ei LW! A p? ' r, gnatu eolaPPel or attomelio agent nt Name olappellee(s) "` I flff 1 • appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within of this rule upon yoµ*by Fers4nal service or by certified or registered mail. twenty (20) days after the date of service i2) If ySkf'" j} d?i,Poti le aadeftplAtpt within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) ? Thk date of service of this' r / y o l service was by mail is the date of the mailing. h y w /?l 01 f% n r Siorlit "J YOVip ?. - e c, proinonKary or Dapury Jl T INCTtIpp A COpy THE NOTICE OF JUDGMENT/TRgNSCRIPT FORM WITH THIS NOTICE OF APPEAL. I I ? l AOPC 312-02 COURT FILE BENZ, CREEK LIMITED PARTNERSHIP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. MICHAEL WAGNER and KIMBERLY WAGNER, his wife, Defendants NO. 04-4829 CIVIL NOTICE YOU HAVE BEEN SUED IN musttURe action within twenty (20) days after this set forth in the following pages, y a written appearance personally or by Complaint and Notice are served, by entering attorney and filing in writing with the Court your defensees or objections t rothe ceedawithout forth against you. You are warned that, if you fail to do so, the case may p you and a judgment may be entered against you by the Court without further notice for any youquested by the Plaintiff. money claimed in the Complaint or for any other claim or rights important relief You may lose money or property or other rg to . YOU SHOULD TAKE THIS PAPERTO YOUR LAWYERAT ONCE. IFYOU DO NOT SET FOR H BELOW ND OUR FWHERE YOU AN GET L GAL HELP.. OFFICE CUMBERLAND COUNTY BAR ASSOCIATION Liberty Avenue Carlisle, PA 17013 108 Telephone (717) 249-3166 or (800) 990-9 NOTICIA LEN HAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus erson avisa usted la coonesalas demandas y puede entrara unaaorden cone a questesid sin p evio aviso o n crte tomara mecualquiy p ere en l liv peticion puelde perder dine ooq sus s p opiedades o ost os dere hos mportant s para usted. Uste LLEV F ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ENO PEROTE POR TELEFONO A LA OFICINA CUYASDIRECCIION SE EN PERSONA O LLAESCRITAM ABAJO PARR AVERGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. ASSOCIATION CUMBERLAND COUNTY Liberty Avenue Lb Carlisle, PA 17013 108 Telephone (717) 249-3166 or (800) 9cao-9 BENT CREEK LIMITED PARTNERSHIP, by its General Partner, BULLDOZER, INC. Date ld-/;-O'f BY Mark BENT CREEK LIMITED PARTNERSHIP, plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHAEL WAGNER and KIMBERLY NO. 04-4829 CIVIL WAGNER, his wife, Defendants .COMPLAINT AND NOW comes Plaintiff and avers as follows: 1. Plaintiff is Bent Creek Limited Partnership, a Pennsylvania limited partnership with offices at 5351 Jaycee Avenue, Harrisburg, Dauphin County, Pennsylvania 1'7112. 2. Defendants are Michael Wagner and Kimberly Wagner, his wife, are adult individuals residing at 517 Park Avenue, New Cumberland, PA 17070. 3. Plaintiff and Defendants entered into a Lease for premises known and numbered as 1215 Edinburg Circle, New Cumberland, PA 17070 ("Premises") on or about April 1, 2000, a copy of which is attached hereto and marked as Exhibit "A" 4. The Lease ended on September 30, 2002 and Defendants vacated the Premises without payment of the September 2002 rent. 5. Plaintiff incurred expenses in restoring the Premises to a habitable condition. 6. After deduction of Defendants' security deposit, Plaintiff is owed the following: Balance of September 2002 rent $ 677.00 300.00 Carpet cleaning charge 102- 50 District justice costs 1 p7q.F0 TOTAL WHEREFORE, plaintiff requests this Honorable Court to enter judgment against Defendants in the amount of $1,079.5o and such other costs as this Court may deem proper. Respectfully submitted, BENT CREEK LIMITED PARTNERSHIP, by its General Partner, BULLDOZER, INC. Date %" r7 /Z O V{444 By Mark X. DiSanto, 2 EXHIBIT A PMG-04-1198 RESIDENTIAL LEASE E. IT IS A NT RACT LEGAL C THE THIS IS NANTSEACH TENANT SHOULD READTHIS LEASE CAREFULLY. AND EACH TE TENANT GIVES UP RIGHTS (WAIVERS) IN THIS RESIDENTIAL LEASE. OF THE A SIGN TTS LEAS S IN THIS E A UNTIL EACH TENANT EACH SHOULD NOT UNDERSTANDS A 1. NAMES OF LANDLORD AND TENANT LANDLORD: tr1 ie %-,ruw--_ for: CT Rehabilitation LP 5351 Jaticee Avvnue Harrisburg, PA 17112 TENANT(S): Lewis Shistle Michael Neal Wa ner ----- Kimberl Ann Wa ner 2. TOWNHOUSE DLORD agrees to lease to TENANT. The The townhouse is the place that LAN 7070 townhouse is: 1215 Edinbur Circle New Cumberland PA 1 /o) of after this Residential Lease ends, such Should TENANT continue to usethe Townhouse occupancy shall be at one hundred fifty percent - 3. 5'latciu.?, ,... -- Lease starts on April 1 2000 Lease ends on Se tember 30 2000 end of lease, TENANT must give written notice to the if TENANT wants to move out at LANLORD sixty (60) days before September 30 2000. 4. RENT The total amount of rent for this lease is $ 6.120.00 Payable to the LANDLORD. TENANT must pay the amount of $1,020.0 0 each month to the LANDLORD. Due Date: On or before the first day of the month.. LANDLORD does not have to ask TENANT to pay the rent. TENANT agreeby LANDLO fit class mail postage prepaid or in person to LANDLORD at the place specified TENANT agrees to pay an additional charge of $102.00 if TENANT does not P of the rent by the 5th of the month. If TENANT mails the rent to LANDLORD, the postmark payment is considered the date of Payment. 1 If the starting date of this Residential Lease starts on any date other than the first of the month, TENANT shall pay to LANDLORD, a part of the monthly rental rate on the date live in the townhouse. This payment is based on the number of days TENANT starts to remaining in the month. 5. SECURITY DEPOSIT PAYMENT OF SECURITY DEPOSIT: TENANT agrees to pay a security deposit of $500.00. TENANT agrees to pay the security deposit to LANDLORD before the lease starts. RETURN OF SECURITY DEPOSIT: the security deposit. to pay for any damages caused LANDLORD can take money from by TENANT, TENANT's family and TENANT's guests. LANDLORD may take the security deposit to pay for any unpaid rent. After taking out for damages and unpaid rent or other charges, LANDLORD agrees to send to TENANT any security deposit money left over. LANDLORD will send the remaining the and ends lease list of damages and amounts o TENANT security deposit money send to TENANT a writtenafter aIo agrees TENANT leaves. LANDLORD money taken from the security deposit. TENANT agrees to give LANDLORD a written forwarding address when TENANT leaves and the lease ends. TENANT may not use the security deposit as payment of the last month's rent. 6, LAa Lma! aY•,-_ ___ LANDLORD agrees to give TENANT possession of the townhouse on the starting date ous because the of the lease. Th e is lease st lls n the townho se orv he townhouse is damaged. IFeLAN D TENANT befor ___ ?n?rcclrov TENANT DOES NOT HAVE TO PAY RENT Z DAMAGE TO TOWNHOUSE TENANT agrees to notify LANDLORD notify immediately if there is aouse ny is da condition ag n he fire or any other cause. TENANT agrees townhouse that could damage the townhouse or harm TENANT or others. If TENANT cannot live in the entire townhouse because it is damaged or destroyed, TENANT may: 1) live in the undamaged part of the townhouse and pay full rent until the townhouse is repaired. OR 2) end the lease and leave the townhouse- 2 TENANT agrees that if the townhouse is damaged or destroyed and TENANT ends the lease, LANDLORD has no further responsibility to TENANT. g, INSU CE townh LANDLORD agrees to have insurance on the building w.ance.tTEN NTtisereis located. sponsible TENANT's own property is not insured by LANDLORD's in for TENANT's own property that is located in the townhouse. 9, TRANSFERORS LEKAS-E-SBY TENANT Of the lease from the r, is e legal term a transfer TTRANSFERLASSIG other personflthen becomesothe LANDLORDIs new TENANT and takes another person. over the lease. this lease to anyone else without the written TENANT agrees not to transfer assin permission of LANDLORD. A sublease is a separate lease from the TENANT between the TENANT and another person who leases all or a part of the townhouse TENANT agrees not to lease sublease all or any part of the lease premises to anyone else without the written permission of LANDLORD. TENANT breaks agreements made in this lease if TENANT transfers this lease or leases all or a part of the townhouse to another. to. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY TO PEOPLE caused by is responsible for all damage to property or injury to pep LANDLORD LANDLORD (or LANDLORD'S representatives) intentional or negligent acts at the townhouse. TENANT is responsible for all damage to the townhouse and injury to people caused by TENANT, TENANT's family or guests. to TENANT, TENANT'S family ible TENANT agrees that LANDLORD is not respons wnhouse or guests for damage or injury caused by water, snow or ice that comes on the to or leaks into the basement. It. USE OF TOWNHOUSE whonly as a en using tide ce. T NANT agrees agrees all TENANT agrees to use the townhouse federal, state and local laws and regulations TENANT agrees not to obey all rules and regulations of the homeowners association, if any. store any flammable, hazardous, or toxic chemicals or substances in or around the townhouse. TENANT agrees not to do any activities in or around the townhouse which could harm anyone or damage any property. 3 TENANT agrees to pay for any penalties, fines, costs or damages if TENANT does not comply with the terms of this paragraph. will not allow more than _ Five (-people to TENANT agrees that TENANT occupy the townhouse without the written permission of LANDLORD. 12. RULES AND REGULATIONS are attached TENANT agrees to obey all rules and regulations regulat regulations fortth the wnhouse, TENANT b eaks to this lease. If TENANT breaks any rules or (violates) this lease. During this lease, the LANDLORD can change or add to these rules or regulations. 13. LANDLORD'S RIGHT TO MORTGAGE THE TOWNHOUSE PRIORITY OF LEASE The rights of LANDLORD mortgage company comes before TENANT'S rights. tthe he the to priority toaLa m LO 's own oership of TENANT's rights under this lease are lower townhouse. If the mortgage company sells lease may end. TENANT agrees that LANDLORD has the right to mortgage the townhouse. If LANDLORD has a mortgage on the townhouse now, or if LANDLORD gets a mortgage in the future, TENANT agrees that this lease is secondary to the LANDLORD's mortgage. TENANT to L will within 10 days after written notice from LANDLORD,tsign mand ortgage co PAND1LOtRD any document required by the mortgage hanp of the mortgage. lease is secondary to the mortgage or any go 14. WRITTEN STATEMENT CERTIFYING THAT RENT IS PAID TENANT will within ten (10) days after written request from LANDLORD deliver to LANDLORD a written statement certifying the date to which the rent is paid, that there are not, any uncured defaults on the part of LANDLORD or stating if there are defaults. If TENANT does not respond within said ten (10) days it is conclusive proof that this Residential Lease is in full force and effect. 15. CARE OF TOWNHOUSE TENANT is responsible for, and will take good care of, the townhousselaandcall of the property in and around townhouse. TENANT 1e gr p TENANT ago a to turn over possession guests. TENANT, TENANT's family and TENANT's of the townhouse to LANDLORD when the lease ends. 16. LANDLORD'S RIGHT TO ENTER TOWNHOUSE TENANT agrees to take possession of the townhouse: in the condition that it is now. TENANT agrees that LANDLORD and LANDLORD's representatives have the right to enter the townhouse at reasonable times, without permission or prior notice to TENANT. 4 LANDLORD and LANDLORD's representatives have the right 1:0 inspect, to make repairs, to do maintenance, and to show the townhouse to others. 17.. UTILITY SERVICES LANDLORD and TENANT agree to pay for the charges for utilities and services supplied to the townhouse as follows: Paid bv RR Television Cable X X Parking Fee X Trash Collection X Lawn Maintenance X Snow and Leaf Removal Sewer Charges X X Condominium Fee Other: Other: Paid by TENANT Electric to Premises --2L- Water Service X Propane Gas X Pest Control Charges Other:_ Other:_ LANDLORD has the right to turn off temporarily any utility or other service to the townhouse in order to make repairs or do maintenance. 18, TAKING BY GOVERNMENT Government such as a state or county or city governrri g t may take pricy that isptaken or public use. The government must pay to anyone who has any right in the property If all or any part of the townhouse (or the building within which the townhouse is located) is taken by the government, this lease ends immediately. LANDLORD and TENANT agree to release each other from any. responsibility. 19. BREAKING CONDITIONS OF LEASE If TENANT violates this lease, TENANT may lose TENANT'S security deposit. If TENANT breaks agreement me he legal lease, LANDLORD Tso can sue TENANT for other e in expenses. LANDLORD may process to remove . the end If TENANT wants to move out before lease ends, TENANT will ill owe until wants to LTENANT of the lease or until someone else rents the home (whichever first If ANDLORD and move fore the lease ends, TENANT must give a sixty y pay an early lease breakage fee in the amount of 1l Q with the notice. TENANT must still pay for the utilities until a new TENANT moves into the home. Each TENANT understand he information in should this o section about lease violations. TENANT has read and clearly 5 EACH TENANT RESPONSIBLE all the This is a TENEANT as an DindividuDUarLre lease- o1 LANDLORD f0 Aa lrofathe -R INIVI group and each if the rent is not paid, LANDLORD can sue in court all agreements of this lease. For example, aid rent. Or, LANDLORD can bring a suit against of the TENANTS TOGETHER for any unp rent. any ONE TENANT separately (individual) for ALL of the unpaid _ m Fails to pay rent or other charges to LANDLORD on time, 1) OR, 'S permission 2) Leaves (abandons) the townhouse without the LANDLORD p before the end of the lease, OR, 3) Does not leave the townhouse at the end of the ease, OR, 4) Does not do all of the things that TENANT agreed to do in this ease. agrees to give If TENANT breaks agreement in lease, each TENANT up NOTICE TO QUIT. This means that the LANDLORD may file a complaint in court asking for an order to each TENANT NOTICE remove each TENANT from the townhouse without giving TO QUIT first. process to remove The LANDLORD does not have the right tosue in th`n ugh t eal egal Even though each TENANT unless a TENANT has broken the agreements TENANT is giving up NOTICE TO QUIT, each TENANT will have a chance in court to challenge the LANDLORD'S claim for removal. IF TENANT BREAKS THE LEASE AGREEMENT, THE LANDLORD MAY SUE EACH TENANT IN COURT: mone 1) To collect overdue rent, late hargea in the le damages caused by TENANT'S breaking t agreements 2) To get back the townhouse (eviction). 3j To collect for unpaid rent until the end of the lease or until another person takes possession of the townhouse as a new tenant. 4 If LANDLORD wins in court, LANDLORD can use court process to take TENANT'S personal goods, furniture and motor vehicles. 6 against that LANDLORD may receive reasonable attorneys fee if the agreements of the lease. agrees TENANT for breaking TENANT LANDLORD wins in court 20. ATTORNEYS' FEES AND COSTS fees, if TENANT will have to pay any court, expenses and reasonable attorney LANDLORD enforces the rules of this Residential Lease. 21. IMPROVEMENTS TENANT will not make any changes to the Townhouse without the written consent of LANDLORD. No changes to the locks or additional locks will be installed by Tenant. All chan the property ges, remain in the Townhouse at the end of this Residential Lease and become DLORD. If LANDLORD, gives written notice to TENANT to remove any changes, of LAN TENA OTHER AGREEMENTS BETWEEN LANDLORD ??NDrTD NT condition. change and restore the 22. LANDLORD and TENANT agree that the additional agreements marked with a "yes" are part of this lease agreement. CHECK-IN AND CHECK-OUT PROCEDURES YES = YES = RULES AND REGULATIONS YES = NO PET AGREEMENT YES = REQUIREMENTS FOR LEAVING LEASE. ? 00 DATE SIGNED BY LANDLORD: l` ry AMP j? Management LANDLORD' ri e Crown Corpor tion Property _1 5TC On for: CT Rehabilitation LP DATE SIGNED BY TENANT: TENANT 23. SPECIAL CONDITIONS not pre-approved any special. conditions/additional terms added The Attorney General has re-a i roval of this contract. by the LANDLORD or TENANT after plain language p p.p _T ..T r_uF,F,S THAT THE r Ki b rly, Michael Neal WW gner RULES AND REGULATIONS 1 V Wluiv ...+..?-- are part of the Residential Lease between LANDLORD and The following Rules and Regulations remed es provided in the Residential TENANT. Aviolation violation shall beRulesed and toe excise any is and the party n Lease. HEATERS 1. No other heating sources such as kerosene heaters and space heaters shall be allowed to be operated within the Townhouse . GRILLS 2. The use of charcoal or gas grills is of allo in the Townhouse or on any balcony, or the patio or other common area on the Property WINDOWS/BALCONIES TENANT will not place or store items on any window sills, ledges or balconies. 3 items from the balconies, windows and common areas. TENANT will not hang laundry or other AWNINGS 4. No awnings shall be installed in the Townhouse without the prior consent in writing of LANDLORD- QUIET HOURS T shall observe "quiet hours" between the hours of 10 o'clock p.m. and . TENAN 5 8 o'clock a.m. daily. WATERBEDS 6 No waterbeds allowed within the Townhouse without proof of renters insurance. CHANGES TO TOWNHOUSE shelving, picture hooks, wallpaper, paint or change in 7. TENANT shall not install any way the features of the Townhouse without the prior consent in writing of LANDLORD- any SMOKE DETECTORS the g. TENANT is responsible for testing smoke dete?ct'lg and elstoppi g device is not Townhouse. TENANT shall notify LANDLORD if any fire device or discharge any op extinguisher. fire working. TENANT shall not disable any fire warning ROOF/CLOSED AREAS shall not go on the roof of 1 marked aEbei g closed to TENANTS and others the building and shall not enter any area 9. TNAN- clear y ANTENNAS/SATELLITES anteae to. the Townhouee' and satellite dishes areas around allowed upon the No radio or Townhouse tor in elevision the common n devices such VACANT TOWNHOME 11. TENANT shall not permit the Townhouse uncc RDS dfor lon esignae d age t)five (5) consecutive days without notifying the LANDLORD (or HEAT 12. TENANT shall keep the heat within the Townhouse at no less than 50 degrees during the winter period from November through April. ALCOHOLIC BEVERAGES alcoholic 13. and grounds ? will which not consume the Townhouse hs locatederages in the common areas of the building ang TRASH de app 14. TENANTT shalll keep provithe Townhouse and then coblmmoonnareas sfreer frotrash m litter recylables. proper waste disposal TENANT shall deposit all trash and recylables from the Townhouse into the containers or at the curbside NOT before g:00 pM on the night before the pickup day. FIRE EXTTS olosrve all posted security 15 fi e escape or evlabuati nerou esland alllfiire exits' Questions concerning se regulations and all posted or LANDLORD's designated representative) fire procedures should be directed to LANDLORD without delay. 9 act a LOCH TS locked 16. TENANT must call locksmith pays for to ksmith. T _TENANT must after dthe key business hours, (g:00 AM - 5:00 pM). TENANT locksmith to get mttoN the LORD townhouse. uring regular s to eoffi?hOms. TENANT, at 00 foTEN es T of keys loses TENANT pays 10 NO PET AGREEMENT NO TENANT'S shall not keep or allow any pets in the Townhouse. This rule includes all parts of the property. TENANT must first get LANDLORD'S permission in writing if TENANT wants to keep a pet. Date: DATE SIGNED BY LANDLORD: LANDLORD: n Property Triple Crown oratio Management Division for: CT Rehabilitation LP DATE SIGNED BY TENANT: TENANT(S): Kimberly Ann Wagner Michael Neal Wagner Lewis Shistle It REQUIREMENTS FOR LEAVING To safeguard TENANT's deposit, TENANT must do the following items: I. Supply us in writing your new address. 2. Call Triple Crown Corporation for move out inspection. 3. Return all keys pertaining to the property. 4. Thoroughly clean the apartment: KITCHEN: Range: Clean interior and exterior completely. Unplug Refrigerator: Clean thoroughly. Don't and prop the doors open. Range Hood: Clean thoroughly, remove and wash filter. Dishwasher: Clean inside, unlock door catch. Cabinets: Clean inside/outside and remove shelf paper. BATHROOMS: Ceramic tile/fiberglass: clean off accumulated soap. Bathtub: clean tub, remove stickers. Medicine and base cabinets: clean inside/outside, remove shelf paper, clean and polish mirrors OTHER: Clean sinks, faucets, toilets, countertops and floors. CLOSETS: Empty completely, including hangers. Remove shelf paper. BALCONY/pATIO/DECK: Remove all items and sweep. WALLS/WOODWORK AND DOORS: Remove marks and hand prints. Wash switch plates. Re-paint any walls t:o their original color (call for correct color.) Remove any wallpaperiborder installed. Dust all walls and vents. WINDOWS: Wash interior glass. Clean mini blind slats. 5. TENANT will remove all nails and hangers from walls (. Vacuum carpets (don't forget the edges along the baseboards). Shampoo if soiled. Sweep basement if applicable. 7. Call all utility companies to have the meters read and place the service in LANDLORD's name. g. If unit needs total cleaning, the flat rate fee is $250.00. 12 If a damage or dirt is noted, repair and cleaning is done: at the expense of the leaving TENANT. Painting required to cover paint other than ours, to touch up marks on walls and holes in walls and woodwork, will be done at the leaving TENANT expense. Damages are repaired and charged at the current rate to the leaving TENANT. RECEIVED BY TENANT(S): Date Kimberly Ann n Michael Neal Wagner f Lewis Shistle 31 31 oo Date Date 13 In the Court of Common Pleas Cumberland County, Pennsylvania Bent Creek Limited Partnership Docket No.: 5351 Jaycee Avenue Writ No.: Harrisburg, PA 17112 Amount Due: $ Plaintiffs Principal: $1,079.50 Interest to $ V. Clerk's Cost: $ Michael Wagner Sheriff's Cost: $ 517 Park Avenue Total (as of ) $ New Cumberland, PA 17070 Defendant PLAINTIFF'S MOTION TO MAKE DEFAULT JUDGMENT AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 206.7, Plaintiff, Bent Creek Limited Partnership, hereby files this Motion to make Default Judgment, and in support of same avers as follows: 1. Judgment was entered against the Defendant by District Justice Thomas A. Placey, Magisterial District 09-3-04 on August 26, 2004 in the amount of $977.50, Docket Number CV-0000430-04. Post judgment costs increased this amount to $1,079.50, which is shown on the certified judgment. 2. The District Justice Judgment was filed with this Court on October 4, 2004, under Docket Number 04-4999 Civil Tenn. 3. Defendant filed a Notice of Appeal No. 04-4829 civil. 4. Plaintiff filed complaint on October 12, 2004. Prothonotary's office recorded complaint on October 13, 2005. 5. Notice of Default was sent to defendant on January 24, 2005 after Plaintiff received no response to complaint. 6. Appeal lacks merit due to defendant's lack of filing answer or anything to our complaint. 4 7. 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 that original judgment issued by District Justice Thomas A. Placey, Magisterial District 09-3-04 on August 26, 2004 in the amount of $1,079.50 and GRANT a wage attachment against the Defendant's current employer, Wagner Roofing, 517 Park Avenue, New Cumberland, PA 17070, as well as all current or subsequent employers. Respectfully Submitted: Date:---t- ?- C)4 UI Mark X. DiSanto, Attorney PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 In the Court of Common Pleas Cumberland County, Pennsylvania Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiffs V. Michael Wagner 517 Park Avenue New Cumberland, PA 17070 Defendant Docket No.: Writ No.: Amount Due: Principal: Interest to Clerk's Cost: Sheriffs Cost: Total (as of 04-4999 civil term $ 1,079.50 $ $ $ 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: Michael Wagner Wagner Roofing 517 Park Avenue 517 Park Avenue New Cumberland, PA 17070 New Cumberland, PA 17070 Respectfully Submitted, Date: ,~q= `fib By: Mark DiSanto, Attorne PA Bar 451090 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 ?_? i?t ? , ? .?? T L? ?tia. f i ?? y,. '-_. ? „ : ' tit r` In the Court of Common Pleas Cumberland County, Pennsylvania Bent Creek Limited Partnership Docket No.: tgz/_ tlg?a9 5351 Jaycee Avenue Writ No.: Harrisburg, PA 17112 Amount Due: $1,079.50 Plaintiffs Principal: $ Interest to $ V. Clerk's Cost: $ Michael Wagner Sheriff's Cost: $ 517 Park Avenue Total (as of ) $ New Cumberland, PA 17070 Defendant ORDER JAN 12 2006 AND NOW, this '13 f A day of -f avw r r , 2006, upon consideration of the foregoing Motion to Deny Defendant's Appeal of District Justice Judgment, Defendant's Appeal of the judgment entered by the Honorable District Justice Placey on enter date is DENIED and original judgment as ordered remains in place. So Ordered, By the Court '-off !al In the Court of Common Pleas Cumberland County, Pennsylvania Bent Creek Limited Partnership Docket No.: 5351 Jaycee Avenue Writ No.: Harrisburg, PA 17112 Amount Due: Plaintiffs Principal: Interest to V. Clerk's Cost: Michael Wagner Sheriff's Cost: 517 Park Avenue Total (as of New Cumberland, PA 17070 Defendant 40 044" civil term $ $ 1,079.50 $ 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, Michael Wagner and the Defendant's employer, Wagner Roofing, 517 Park Avenue, New Cumberland, PA 17070, in support thereof avers as follows: This matter arises out of a dispute concerning a residential lease. Judgment was entered against the Defendant by District Justice Thomas A. Placey, Magisterial District 09-3-04 on August 26, 2004 in the amount of $977.50, Docket Number CV-0000430-04. Post judgment costs increased this amount to $1,079.50, which is shown on the certified judgment. The District Justice Judgment was filed with this Court on October 4, 2004, under Docket Number 04-4999 Civil Term. Defendant filed a Notice of Appeal No. 04-4829 civil. Defendant's Appeal of District Justice Judgment was denied by this court on January 23, 2006. The Defendant is currently employed at Wagner's Roofing, 517 Park Avenue, New Cumberland, PA 17070 7. 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. 8. 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. 9. Copies of the District Justice Judgment and the proposed attachment order are attached hereto. 10. WHEREFORE, the Plaintiff hereby requests that the Honorable Court issue the proposed rule to show cause against both the Defendant, Michael Wagner and his current employer, Wagner's Roofing, 517 Park Avenue, New Cumberland, PA 17070. Respectfully Submitted: Date: , P' tro Leone, Attorney, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 r_a cp'+ (J.1 _ c,a ` ? w Y In the Court of Common Pleas Cumberland County, Pennsylvania Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiffs V. Michael Wagner 517 Park Avenue New Cumberland, PA 17070 Defendant AND NOW, this 84? y?,Q 04-4999 civil term $ 1,079.50 $ day of re?Or?wry 2004, 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, Michael Wagner, and his current employer, Cumberland, PA 17070. Docket No.: Wagner Roofing, 517 Park Avenue, New Cumberland, PA 17070, to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within 10 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, Wagner Roofing, 517 Park Avenue, New Writ No.: Amount Due: Principal: Interest to Clerk's Cost: Sheriff s Cost: Total (as of RULE TO SHOW CAUSE By the Courrt^:, 3 7,1 61 , Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Michael Wagner 517 Park Avenue New Cumberland, PA 17070 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO, 04-4829 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 February 2, 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 February 8, 2006, 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, Wagner Roofing, 517 Park Avenue, New Cumberland, PA 17070, as well as all current or subsequent employers. Respectfully Submitted: Date: 9 "7- 06 p-Pi--j- 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 first class mail, addressed as follows: Michael Wagner Wagner's Roofing 517 Park Avenue 517 Park Avenue New Cumberland, PA 17070 New Cumberland, PA 17070 Respectfully Submitted, Date: 3- 7- 0 B Pietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 ?' «- X2ECEIVED MAR 1 4 ?006 Bent Creek Limited Partnership IN THE COURT OF COMM LEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 04-4829 Michael Wagner 517 Park Avenue CIVIL ACTION - LAW New Cumberland, PA 17070 Defendant ATTACHMENT ORDER AND NOW, this 1-t(?h day of --M a r Gin 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, Michael Wagner, and the Defendant's employer, Wagner's Roofing, 517 Park Avenue, New Cumberland, PA 17070, it is hereby ORDERED AND DECREED as follows: The Defendant's current employer, Wagner's Roofing, 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. The Defendant's current employer, Wagner's Roofing, 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 0?? \i!i JY,'11, C!rt, Ap?1 G? 2 :8 R L i M 90OZ r ? Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 - : Plaintiff Vs NO. 04-4829 Michael and Kim Wagner : 517 Park Ave. New Cumberland PA 17070 CIVIL ACTION - LAW Defendant PLAINTIFF'S MOTION FOR CONTEMPT OF COURT 1. On March 14, 2006, Plaintiff, Bent Creek Limited Partnership, filed for an Attachment Order. 2. On March 16, 2006, this Honorable Court issued an Attachment Order. (Exhibit A) I On May 25, 2006 the order was served to Kim Wagner by Certified Mail (Exhibit B) 4. As of the date of this motion the Defendant's employer has stopped complying with the order. Payments have stopped. Last payment received on February 15, 2008. 5. The Plaintiff is respectfully requesting a hearing be scheduled for resolution of this matter. Respectfully Submitted: Date: (Q "5' 0% Attorney for Judgment Creditor-Landlord Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 Mark X. DiSanto Attorney Page 1 of I Triple Crown Corporation, Inc. Motion for Contempt of Court CC) It: 7 ?z tom, et, V ? ? e, 1 H EIVFD OR 1 4 20('16 IN THE COURT OF COMM%FLEAS < CUMBERLAND, COUNTY, ---- -? Bent Creek Limited Partnership 5351 Jaycee Avenue PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs Michael Wagner 517 Park Avenue New Cumberland, PA 17070 Defendant NO. 04-4829 CIVIL ACTION - LAW ATTACHMENT ORDER AND NOW, this _?"- day of hfl? , 2006, upon consideration. of the foregoing Petition for A Rule to Show Why An rder Granting Wage Attachment Sliculd Not Issue, no response being filed by the Defendant, Michael Wagner, and the Defendant's employer, Wagner's Roofing, 517 Park Avenue, New Cumberland, PA 17070, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Wagner's Roofing, 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 Defendant's current employer, Wagner's Roofing, 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 I 0o 1 A1JM,4_. U,4_1 1 r Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 04-4829 Michael Wagner 517 Park Avenue CIVIL ACTION - LAW New Cumberland, PA 17070 Defendant ---n -n PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE -13 AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 206.7, Plairrfi B t Creek Limited Partnership, hereby files this Motion to make Rule Absolute, aid iru support of same avers as follows: 1. On February 2, 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 February 8, 2006, 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, Wagner Roofing, 517 Park Avenue, New Cumberland, PA 17070, as well as all current or subsequent employers. f Respectfully Submitted: -0 -?I' Date: 3-7,00 Pietro 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 Plaintiffs 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 first class mail, addressed as follows: Michael Wagner 517 Park Avenue New Cumberland, PA 17070 Date: 3-7-0(o Wagner's Roofing 517 Park Avenue New Cumberland, PA 17070 Respectfully Submitted, A y: Pietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front if space permits. COMPLETE THIS .DELIVERY A. Zature Agent X I'(.,.?j ^ -- Addressee B. Re eived by (P ' ted Name) C. ate of DC. ate of Delivery a-1 ?,kj D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: P9 No 1. Article Addressed to: Wagner's Roofing 51 TPark Avenue New.Cumberland, PA 17070 3, Service Type, , 11Certified Mail Express Mail Registered Ij ,Return Receipt for Merchandise 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7004 11,60 0004 4855 0917 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt UNITED STATES POSTAL SERVICE 111111 102595-02-M-1540 First-Class Mail Postage & Fees Paid LISPS Permit No. G-10 I • Sender: Please print your name, address, and ZIP+4 in this box • Triple Crown Corporation Attn: Darla aECEIVEID 5351 Jaycee Avenue Harrisburg, PA 17112 II(!?l]!(il!!!il!!lilllll?!(?!?Ii?!!!!Ill?!!?!!I!`!iill ({?llk? BENT CREEK LIMITED PARTNERSHIP IN THE COURT OF COMMON PLEAS OF 5351 JAYCEE AVENUE CUMBERLAND COUNTY, PENNSYLVANIA HARRISBURG, PA 17112 PLAINTIFF V. MICHAEL AND KIM WAGNER, 517 Park Avenue New Cumberland, PA 17070 DEFENDANTS 04-4829 CIVIL ORDER OF COURT AND NOW, this 12th of June, 2008, upon consideration of the Plaintiff's Motion for Contempt of Court, IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall file an Answer to Plaintiff's Motion on or before July 3, 2008; IT IS FURTHER ORDERED AND DIRECTED that a Hearing on this matter shall be held on Tuesday, July 8, 2008, at 11:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. /Mark X. DiSanto, Esquire Attorney for Plaintiff / ? Michael and Kim Wagner Defendants bas c??l?108 uco,`' -giNno 91 :9 WV 91 Nn BQQZ At•}ViOav&-LC6 3HI 30 i _40-0-41H 4- 4 I_V. CM-i VS. WC.hcic.1 Orxck. Vim ? gncjr, D?d?nts Sc Y VrC'( To -7.,8- In the Court of Common Pleas of Cumberland County, Pennsylvania V NO. 0 4 " LA /?.q Civil, l* Ack1 on-LMA Prothonotary M ?P-W $ Cava A • , C)j y r ff =ga? ur?A -c5 rN PA x-4110 Term, 19 _._--- No. vs. pRA,ECIPE Filed Atty. ?? C co N [S eA-4 Ckc k I. -m i tak Y ?P..X`?1fi1 1Cl?.i r1?i ?? VS. I t %c haeA ond ?4i M &Orxc y- 'Dc,!??C?lO?t? In the Court of Common Pleas of Cumberland County, Pennsylvania No. 04-442 ? 'Y CS I Civil. 14 AG Ori'LO 1Al To Oht, Oropnoro ?q r4 Pk sf- MOLVAL ant A QC?nrn ardc v exN? e*rf d V)?A 4h c. "o r,-zVLjjp\C.. - to. L. 6 bcx k. :Sr- O %-N ?AQ vC*% 1141. ZW OtaD?i ns} 06** OQ-?kS 1 M, ? &)ac,1 OLrtid? ?-i fyx MYA -StYictic.,c r\ OLS DeferAO- ks 1 %Q uer tMi-s r c-cl Ahe. r t i c*-% _ ctrl ' Buda rne.?n? 'P lc r?? f',?rctk. L.i m? ?c d ?r'hnt?rsini r?. To Prothonotary -4-8 rs Z_co8 ?'AYQ p •? Q?p r1C fo Plaintiff V1AYVt'<'&irgt M 1-4it 3 Term, 19 -, No. vs. PRA, ECIPE 19 .------ Filed Atty 40