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Home My WebLink About05-0151 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND No 09-3-04 DJ Name. Man. THOMAS A. PLACEY Addmss 104 S. SPORTING HILL RD. MECHANICSBURG, PA Telephone 1717 f 761-8230 17050 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FBENT CREEK LIMITED PARTNERSHIP 7 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L J VS. DEFENDANT: NAME and ADDRESS FGOOD, ANTHONY 636 LEWISBERRY ROAD NEW CUMBERLAND, PA 17070 BENT CREEK LIMITED PARTNERSHIP L J 5351 JAYCEE AVENUE DocketNo.: CV-0000429-04 HARRISBURG, PA 17112 Date Filed: 7/23/04 asv THIS IS TO NOTIFY YOU THAT: Judgment: TFFAU T JUDGMENT PT TF - 0 Judgment was entered for: (Name) RFNT CREEK LIMITED PARTNERSHIP 0 Judgment was entered against: (Name) GOOD, ANTHONY in the amount of $ 3 - 31 4 - 60 on 7 Defendants are jointly and severally liable. 1-1 Damages will be assessed on: F 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) 9129/04 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees 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 FILINGA 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. 21 Date District Justice. I that this is a true a corr oceedings containing the judgment. ?' 7'1 n?ro / 1 District Justice My commission expires first Monday of Janu*y, 2010 . SEAL ACPC 315-03 DATE PRINTED: 8/27/04 11:17:02 AM v Cn` 0 W .o N J a i i G O .v s a c? c f_. -?G a _ -n C7 {_?C7 N Q .< ca R z:A Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Anthony Good 636 Lewisberry Road New Cumberland, PA 17070 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 05-151 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, Anthony Good and the Defendant's employer, Circuit City Stores, Inc., 9950 Maryland Drive, Richmond, VA 23233, 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 August 26, 2004 in the amount of $3,213.60, Docket Number CV-0000429-04. Post judgment costs increased this amount to $3,314.60, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on January 10, 2005, under Docket Number 05-151 Civil Term. 4. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV-0000429-04. No response was received from defendant. 5. The Defendant is currently employed at Circuit City Stores, Inc., 9950 Maryland Drive, Richmond, VA 23233. 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. 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. WHEREFORE, the Plaintiff hereby requests that the Honorable Court issue the proposed rule to show cause against both the Defendant, Anthony Good and his current employer, Circuit City Stores, Inc., 9950 Maryland Drive, Richmond, VA 23233. Respectfully Submitted: Date: Pietro Leone Attorne A 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 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: Anthony Good 636 Lewisberry Road New Cumberland, PA 17070 Respectfully Submitted, Date: 06 -Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 r . , NWEALTH OF PENNSYLVANIA LINTY OF: CUMBERLAND i" 0'i n' 09-3-04 DJ Nay,, ti,,. THOMAS A. PLACEY 4dtl,e55 104 S. SPORTING HILL RD. MECHANICSBURG, PA Telephone (717) 761-8230 17050 BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 THIS IS TO NOTIFY YOU THAT: Judgment: ?X Judgment was entered for: (Name) Y Judgment was entered against: (Name) NOTICE OF IVI? CASE TRANSCRIPT PLAINTIFF: NAME and ADDRESS _ rBENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, Pi, 17112 L J VS. DEFENDANT: NAME and ADDR-SS FGOOD, ANTHONY 636 LEWISBERRY ROAD NEW CUMBERLAND, PA 17070 L J DocketNo.: CV-0000429-04 Date Filed: 7/23/04 eas in the amount of $ ? -Al 4 . 6-0on: (Date of Judgment) A/96/04 Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: Amount of Judgment $ 3 , 213 . 60 Judgment Costs $ 101. 00 Interest on Judgment $ 00 This case dismissed without prejudice. Attorney Fees $ 00 Total $ 3 314.60 ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Post Judgment Credits $ Portion of Judgment for physical Post Judgment Costs $ ? damages arising out of residential lease $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY Fit iNG.A NOTICE OF APPEAL WITH THE PR07HONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS N071CE 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 110 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 DIS7RIC7 JUS7ICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. e6l 22-11 C-1- Date , District Justice I certify that this is a true a d corr oceedings containing the judgment. '617-1 Date , District Justice My commission expires first Monday of JanuAry, 2010 . SEAL AOPC 315-N DATE PRINTED: 8/27/04 11:17:02 AM ?..? , _, ?? -; .. ??., t Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Anthony Good 636 Lewisberry Road New Cumberland, PA 17070 Defendant 05-151 CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 6" 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 March 28, 2006; 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, Circuit City Store, Inc., 9950 Maryland Drive, Richmond, VA 23233; 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 17`" day of April, 2006, at 1:30 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 requested by the Plaintiff shall be granted. By the Court, IXN\ t? M. L. Ebert, Jr., J. ?? L - . A Pietro Leone, Esquire Attorney for Plaintiff Anthony Good 636 Lewisberry Road New Cumberland, PA 1 Circuit City Store, Inc. 9950 Maryland Drive Richmond. VA 2323: bas 7 -L(P co--? Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Anthony Good 636 Lewisberry Road New Cumberland, PA 17070 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 05-151 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 23, 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 6, 2006, this Honorable Court issued a Rule to Show Cause with an answer on or before March 28, 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, Circuit City Store, Inc., 9950 Maryland Drive, Richmond, VA 23233, as well as all current or subsequent employers. Respectfully Submitted: Date: Pietro Leone, Attorney PA Bar 495127 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 CERTIFICATE OF SERVICE I hereby certify that I am this day serving Plaintiff s Motion to Make Rule Absolute upon the person and in the manner indicated below, which service satisfies the requirement of Pa. R.C.P. 440: Service by certified mail, addressed as follows: Anthony Good 636 Lewisberry Road New Cumberland, PA 17070 Circuit City Store, Inc. 9950 Maryland Drive Richmond, VA 23233 Date: Respectfully Submitted, By: Pietro Leone, Attorney, PA Bar 485127 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 MAY 0 3 20Q?, Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS ly?l I 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 05-151 Anthony Good 636 Lewisbeny Road CIVIL ACTION - LAW New Cumberland, PA 17070 Defendant ATTACHMENT ORDER tb AND NOW, this S day of _ 1A *.4 , 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, Anthony Good, and the Defendant's employer, Circuit City Store, Inc., 9950 Maryland Drive, Richmond, VA 23233, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Circuit City Store, Inc., 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 $3,314.60. 3. The Defendant's current employer, Circuit City Store, Inc., 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 VINVOSWd ualncr ,T jN ?.epiwno 89 :B WV S- IlV{d 9001 AHVION 'Hivbd 3H1 bQ 301:3 00-07113 Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Anthony Good 5585 Barbara Drive Mechanicsburg, PA 17, 050 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CV 05-151 CIVIL ACTION - LAW PRAECIPE FOR WRIT OF ATTACHMENT To The Prothonotary: Please issue a Writ of Attachment to attach the wages of Defendant, Anthony Good, SSN 208-60-8251 at/from Coventry Health Care (Payroll Department) 6705 Rockledge Drive Suite 900 Bethesda MD 20817 (Name & address of employer) so as to satisfy the damage portion of that final judgment entered in the above-captioned matter in the amount of $ 1,653.10 , said damages arising out of a residential lease between the Plaintiff and the Defendant for that leasehold premises located at 914 Scottish Court Mechanicsburg PA 17050 (Address of premises where damage occurred) said wage attachment being requested pursuant to 42 PA S.C.A. 8127, as amended by House Bill No. 908, Act No. 5 of 1996, effective February 15, 1996. All such attached wages should be sent to the Plaintiff's Attorney: Triple Crown Corporation, 5351 Jaycee Avenue, Harrisburg PA 17112, phone 717-920-8949 Respectfully Submitted, 1?.z1-d9' Date By: Attorney forludgrhent Creditor-Landlord Mark X. DiSanto PA Bar #51090 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 -t_'; 7 /lff?'P'!ti 211!9 C' # 14: &5 M PI. F'P` LL)ti+*f Ak .I + AW444 BENT CREEK LIMITED PARTNERSHIP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION ANTHONY GOOD Employee No. 05-151 -Civil Term TO: COVENTRY HEALTH CARE (Payroll Department) 6705 Rockledge Drive, Suite 900 Bethesda, MD 20817 RE: Residential Lease between Plaintiff and Defendant WRIT OF ATTACHMENT The above employer shall attach and deduct from the wages of the above employee a sum not to exceed ten (10%) of the net wages per pay period of said employee or a sum not to place employees net income below poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less. "Net wages" shall mean all wages paid, less only the following items: 1. Federal, State and Local income taxes; 2. F.I.C.A. payments and non-voluntary retirement payments; 3. Union dues; and, 4. Health insurance premiums The amount wages to be attached shall total $1,653.10 (plus costs) The employer shall send the attached wages to the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: BENT CREEK LIMITED PARTNERSHIP within fifteen (15) days from the close of the last pay period in each month. The employer shall be entitled to deduct from the wages collected from the employee pursuant hereto the costs incurred from the extra bookkeeping necessary to implement the terms within the Writ of Attachment, not exceeding $5.00 of the amount of the wages so deducted. If you, the employer, are served with more than one Writ of Attachment for damages arising out of a residential lease against the same employee, then the wage attachments shall be satisfied in the order in which said Writs of Attachment were served. Each prior wage attachment shall be satisfied before any effect is given to a subsequent attachment. You shall not take any adverse action against the employee solely because his wages, salaries or commissions have been attached. Violations may result in (i) you being adjudged in contempt and committed to jail or fined by the court and (ii) an action against you by the employee for damages. Willful failure to comply with this Writ of Attachment may result in (i) you being adjudged in contempt of court and committed to jail or fined by the court; (ii) you being held liable for any amount not withheld, or withheld but not forwarded to the Prothonotary's office; and, (iii) attachment of your funds or property. This Writ of Attachment has been entered pursuant to 42 PA. C.S.A. 8127, as amended by House Bill 908, Act 5 of 1996, effective February 15, 1996. A copy of this Writ of Attachment has been sent by U.S. Mail, postage prepaid, to the employee's last known address at: 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 Any questions should be directed to the Plaintiff-Creditor: TRIPLE CROWN CORPORATION, 5351 JAYCEE AVENUE, HARRISBURG, PA 17112, 717-920-8949 Date: 12/23/09 C s R. Long *ffLFF Costs: $19.25 By Deputy: You shall send the following notice to the Prothonotary if the defendant has never been or is on longer an employee on company letterhead: Date: has never been (_) Signature of Employer Print name of Employer Address Address Telephone # For Prothonotary use only Date: Curtis R. Long, Prothonotary Deputy I have received a Writ of Attachment in the following case: Plaintiff v. Defendant No of Year The following person, Or is no longer and employee (_) (Seal of the Court) Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Anthony Good 5585 Barbara Drive Mechanicsburg, PA 17050 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CV 05-151 CIVIL ACTION - LAW C, riiw L.M Cr W10 z ? w- C:)- n - x? yc .. °r' Praecipe to Satisfy Judgment 1. Judgment is paid in full. 2. Please satisfy this judgment. To: Court of Common Pleas Prothonotary O _/Z1 Date Mark X. DiSanfo, PA Bar #5 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729