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HomeMy WebLinkAbout04-5871 09-3-04 /'k,Q '1- Sf7/ ~ --r;- NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CAs,: PLAINTIFF: NAME and ADDRESS ~ENT CREEK LIMITED ~ARTNERSHIP I . 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L ~ " COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag D!s! No DJ N,me Hon, THOMAS A. PLAcEY Address 104 S,. SPORTING HILL RD. MECHANIcSBURG, PA VS. I:' I',' If I~. I' " Telephone (717) 761- 8230 17050 DEFENDANT: NAME and ADDRESS fBLAUcH, JEFF, ET AL. 416 3BD STREET NEW CUMBERLAND, PA 17070 L Docket No.: CV- 0000417 - 04 Date Filed: 7/19/04 I , , " ~ BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 ~ l]ilS IS_JQN.OTIFY YOU THAT; ,--- Juagment: -'> ' . ., r -' ~,.,"-, - -0" ..~---" ,', - - ' ", - 1;- DEFAULT JUDGMENT PLTF .' '" ~ ~ ~ Judgment was entered for: (Name) 'RF.NT l".RRR'R' T.TMTTRn P~RT'tITF.R~HTP Judgment was entered against: (Name) BLAUCH, LTF:FF in the amount of $ 2, C)O~ 1\0 on: (Date of Judgment) 10/14/04 . . ,. ~' ~' .' t ~ ~, D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) D Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ D Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2,792.50 Judgment Costs $ 111.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,903.50 Post Judgment Credits $ Post Judgment Costs' $ ------------ ------------ Certified Judgment Total $ iI', " ,. " l , ,ANY ~ARTY HAS l'HE RIGHT TO APPE~ W1Tt:Ilt!!. 3.0 DAYS AFlt;A, THE. ENTRY OF 'JLlDGMEf:>IT BY FILlI\IG fA NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEt,S, 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. i \., ii ~l I; ~~" if ~. I' , ~ Date , District Justice edings containing the judgment. Date , District Justice ~~ My commission expires first Monday of January, 2010 SEAL AOPC 315.03 DATE PRINTED: 10/14/04 9:33:53 AM (") r-..:l C ~ 0 s:: ~ " "'0 CO :z: ~ mrn z._., 0 :z: .",-,' -< mf!J cfj 1;.;: N ~.,~. -om ~c:: N ~~ ':Pc .." Z) - "T 'C :Jt c-H ;>...1 S; ~ ZO Om ~ .r:- ~ .. -< cr - , ~ ., ! L_ r " i c' : ~ .' :it , ,,~ NOTICE OF JUDGMENTITRANSCRIPT CIVIL CA9E PLAINTIFF: NAr-1fE and ADDRESS !BENT GREEK LIMITED PARTNERSHIP "I 5351 ,JAYCEE AVENUE . HARRIS:BURG, PA 17112 DEFENDANT: NAME and ADDRESS f'BLAUCH, JEFF, ET AL. 416 31U) STREET NEW ct~ERLAND, PA 17070 L Docket No.: cv- 0000417 - 04 Date Filed: 7/19/04 "~I (;....), V COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag D!s! No 09-3-04 DJ Name Hon. THOMAS A. PLAcEY Address 104 S.. SPORTING HILL RD. MEcHANIcSBURG, PA L Telephone (717) 761- 8230 17050 BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 ( {- ( "I '.f ( " .. ) -.J VS. "I -.J I-'il~ ISJC? NO~IF,~ .r9Y)~ATj , JUugment: '~m~:FAtJLT '.:ttr:o<1M't:N'1""PL'W'? '.-~,---, . . '. . '. '~-~ - ... [i] [i] Judgment was entered for: (Name) RF.N'1' C'RRRK T.TlJIT'l"Rn PJ.R'1"NRR~HTP Judgment was entered against: (Name) BT.AUCH, T.YNN (Date of Judgment) 10/14/04 .. .. in the amount of $ ?,Q03 "0 on: D D D Defendants are jointly and-severally liable. Damages will be assessed~n: ..> --- ~. ..., J This case dismissed without prejudice. "" "" ./ 7'"' '" /' ( \ J D Amount of Judgment SUbject to j'J Attachment/42 Pa.C.S. ~ 8127 $ o Portion of Judgment for physical damages arising out of rJiSidential lease $ " V1 (Date & Time) Amount of Judgment $ 2.792.50 Judgment Costs $ 111.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2.903.50 Post Judgment Credits, $ Post Judgment Costs ,. $ --.---------- ,. --t---------- Certified Judgment Total $ .. ANY F(ARTY~AS 'JIHE RIGHT 1'C1~A.Pe~~LW~I'1I~.},..q.MY,~.:.~FTER,1:H.~.;N:rRY OF JLJD~MEf)lT 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 JUDGM~.NT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FwfTHER 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. ~V\ \0+ Date I certify that this is a true a tl carr ~ Date My commission expires first Monday of January, 2010 AOPC 315-03 10/14/04 9:34:49 AM DATE PRINTED: , District Justice dings containing the judgment. , District Justice 4 SEAL ~ ~ ~ if ~, ........ ~ '-l \' ~ ~ '" ~ ~ ~ l: "'" ........ :-D )..;) ~ i- f f g ;S:. -ute mnl :z ::r 1 ZS,. ~:::" 1<;:C ~(") 0::::0 .PC Z ~ '\ to-.:) 0 ~ .,., J:'" -t Z :J: ::n ~ ~gj ~ ~6 :.I;:::fi -0 0 -C..... :x am ~ ~ .::- :< z;:- ~ o ..(:. U\ OJ -..) -. r r Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, P A 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs NO, 04-5871 Jeff Blauch 416 3rd Street New Cumberland, P A 17070 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, Jeff Blauch and the Defendant's employer, Shell, 1500 Cedar Cliff Drive, Camp Hill, P A 1701], in support thereof avers as follows: ] , 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 October 14, 2004 in the amount of$2,792,50, Docket Number CV-0000417-04, Post judgment costs increased this amount to $2,903,50, which is shown on the certified judgment. 3, The District Justice Judgment was filed with this Court on November 22,2004, under Docket Number 04-5871 Civil Term, 4, Reasonab]e attempt has been made to contact and make payment arrangement to satisfY Judgment Docket Number CV-00004] 7-04. No response was received from defendant. 5, The Defendant is currently employed at Shell, 1500 Cedar Cliff Drive, Camp Hill, PA 17011. 6. Pursuant to 42 Pa. C.S,A. Section 8]27, 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, Jeff Blauch and his current employer, Shell, 1500 Cedar Cliff Drive, Camp Hill, P A 17011. Respectfully Submitted: Date: /) ;0, ltXJ0 ti! d::J - ~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 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: Jeff Blauch 416 3rd Street New Cumberland, P A 17070 Respectfully Submitted, Date: :3 -)() A&ub -d~ Pietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 ... COMMONWEALTH OF PENNSYL V AN [A COUNTY OF CUMBERLAND 09-3-04 NOTiCE OF JUDGMENT/TRANSCRfPT CIVIL CASE PLAINTIFF 'iAME ilnd AJDF,ESS 'BENT CREEK LIMITED PF~TNERSHIP I 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L ~ I,~ag Dls'; ~jo [,'J ~Jdill~ HQn THOI'fAS A. PLACEY 'dd..,,, 104 S. SPORTING HILL RD. MECHF~ICSBURG, PA VS. "Iephop, (717) 761- 8230 17050 DEFENDANT: ~L"'JiIE ~nd ADDRESS 'BLAUCH, JEFF, ET AL. 416 3RD STREET NEW CUMBERLAND, PA 17070 L Docket No.: CV- 0000417 - 04 Date Filed: 7/19/04 I BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 ~ "" "'-" = .".. ;:r: ("'-j -;:;: "> 1"\.." ,,) ~l'l .--j or rn;::;j '7'" ~;:; ~~,~'} I~ THIS IS TO NOTIFY YOU THAT: Judgment: 'DEF'AUT,T dimGMENT PLTF [iJ [iJ Judgment was entered for: (Name) 1=\1':1"'1' ~R1':1':K T.TMT'l'Rn ~,-,. '.,. ~"'..., Judgment was entered against: (Name) RT,7>.nr.H. ,TRFF :f~\ -0 ~: in the amount of $ ? 90, <;0 on: (Date of Judgment) D Defendants are Joint[y and severally liable. D Damages wil[ be assessed on: D ThiS case dismissed without prejudice. (Date & Time) D Amount of Judgment Subject to Attachment/42 Pa.CS & 8127 $ o POI'tlon of Judgment for physical damages arising out of residential lease $ Amount at Judgment $ 2,792.50 Judgment Costs $ 111.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,903.50 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ . ANY pAHTY HAS THE RIGHT TO APPEAL WITHIN. 30 DA YS AFTER THE ENTRY OF JUDGME,~T 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 MA Y 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 PA YS IN FULL. SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~Date A ---- /)~ ./.~ , District Justice I certify t at thiS is a true a tI carre -d \If Date edings containing the judgment. , District Justice My commission expires fil'st Monday of January. 2010 SEAL AOPC 315-03 DATE PRINTED: 10/14/04 9:33:53 AM ~~ () (} r::;:.) L.~::) '11 , .:-:....... :;:t -. )~_.~ ["';1 ;,::,~) ~ '--1 h> "'" '. , 00 . . .... Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg,PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Jeff Blauch Defendant 04-5871 CIVIL ORDER OF COURT AND NOW, this 28th 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.R.C.P. No. 206.7; 4. Notice of entry of this order shall be provided to all parties and to the current employer of the Defendant Shell, 1500 Cedar Cliff Drive, Camp Hill, PA 17011 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 the 26'h day of April, 2006, at 9:30 a.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, \\f\ ~ ~ M. L. Ebert, Jr., J. ;. i'": 7.1 ' I'U , :')IV 0,'. \!l!U "'01 (, Q'~ ~l Jv' '" : . ....... -Pietro Leone, Esquire Attorney for Plaintiff Jeff Blauch /416 3cd Street 17070 ".. New Cumberland, PA Defendant Shell CI'ff Drive 1500 Cedar I mp Hill, PA 17011 bas t>~~ ~~ tW>t a.i; jI.J. . Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND,COUNTY, PENNSYLVANIA Vs NO. 04-5871 Jeff Blauch 416 3rd Street New Cumberland, P A 17070 Defendant 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: I. On March 20, 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 28, 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. RC.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, Shell, 1500 Cedar Cliff Drive, Camp Hill, PA 17011, as well as all current or subsequent employers. # ... Respectfully Submitted: Date: Jj-/t-tJ6 ;2v :/ 1 /Pietro Leone, Attorney PABar#85127 5351 Jaycee Avenue Harrisburg, P A 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 ofPa. R.C.P. 440: Service by certified mail, addressed as follows: Jeff Blauch 416 3rd Street New Cumberland, PA 17070 Shell 1500 Cedar Cliff Drive Camp Hill, P A 170 II Respectfully Submitted, Date: -i/ If., &~ ~ - By: Pietro Leone, Attorney, PA Bar #85127 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 . .." Bent Creek Limited Partnership 5351 Jaycee Avenue PENNSYLVANIA Harrisburg, PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, Vs NO. 04-5871 Jeff Blauch 416 3rd Street New Cumberland, P A 17070 Defendant CIVIL ACTION - LAW ATTACHMENT ORDER AND NOW, this \. 1 '''' day of \\~t:\ ,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, Jeff Blauch, and the Defendant's employer, Shell, 1500 Cedar Cliff Drive, Camp Hill, PA 17011, it is hereby ORDERED AND DECREED as follows: I. The Defendant's current employer, Shell, and all subsequent employers of the Defendant are hereby ORDERED to garnish the wages ofthe 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 $2,903.50. 3. The Defendant's current employer, Shell, 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 I above, and made payable to Triple Crown Corporation agent for Bent Creek Limited Partnership to the Office ofthe 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. & [;K~D\P ~<)... o So Ordered, By the Court 't~~ , , ~ -" Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, P A 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs NO. 04-5871 Jeff Blauch 416 3rd Street New Cumberland, PA 17070 Defendant CIVIL ACTION - LAW Praecipe to Enter Appearance for Plaintiff 1. Kindly enter the appearance for Pietro Leone, Attorney, PA Bar #85127. To: Court of Common Pleas Prothonotary f.. 1/.. )DO 7 Date Q c7 ;f-rv- Pietro Leone, PA Bar #85127 5351 Jaycee Avenue Harrisburg, P A 17112 717-657-5729 (") ~. """' = <= --' > .'0 :;;;:; o .." -l -r m::D r- -rim -. -.', ;T'.": :.:-~) " ::.~,.J g~ ::;! :n -< N -0 N .. <::.:f' Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs NO. 04-5871 Jeff Blauch 416 3rd Street New Cumberland, P A 17070 Defendant CIVIL ACTION - LA W Praecipe to Satisfy Judgment 1. Judgment is paid in full. 2. Please satisfy this judgment. To: Court of Common Pleas Prothonotary '1..1/ ~ ;(fJO 7 Date q d,;f~ Pietro Leone, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PAl 7112 717-657-5729 ~ ~ c:;:::;> ~ ~~ ;;0 :g ~ ;-) )-\ :F~~ -' '...., 9,' r:--? -P": ~ -- c::f\