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Home My WebLink About05-0775 09-3-04 fU, .0 S' - 77 ~/ 6.;;J 1::'" NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF NAME and ADDRESS 'BENT CREEK LIMITED PARTNERSHIP I 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L ~ COMMONWEAL TH OF PENNSYLVANIA COUNTY OF' CUMBERLAND M,I() D",\ [-.Ie DJNJI11{) h:>ll THOMAS A. PLACEY Aod"" 104 S'. SPORTING HILL RD. MECHANICS BURG , PA VS. T"'ph,,", (717) 761-8230 17050 DEFENDANT: NAME and .ADDRESS 'GERMER, SHANNON 29 LANCASTER AVE. ENOLA, PA 17025 L Docket No.: CV- 0000619 - 04 Date Filed: 10/01/04 I BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 ~ THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT,iI\.INTIFF [!] [!] Judgment was entered for: (Name) RF.N'J' C'RRRR' r.TMT'J'Rn PlIR'J'N"RRRHTP Judgment was entered against: (Name) c;RRMER, SHANNON in the amount of $ 1 R4R 7B on: . (Date ot Judgment) 11/10/04 . . o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) O Amount of Judgment Subject fa Attachment/42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages ariSing out of residential lease $ Amount of Judgment $ 1.745.90 Judgment Costs $ 102.88 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1.848.78 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL 'NITHrN 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. I certify that this is a true a c H - ~ O..a-J. Date , District Justice Il-JO-(J{ Date Y of th r s containing the judgment. . District Justice My commission expires first Monday of January, 2010 SEAL AOPC 315.03 DATE PRINTED: 11/30/04 10:48:54 AM f ~ ~ \U .. - w .s> b - .,) ~ c:-- 0 '" v, w t r f ~ j"v.,;) c::::I c;:::'.> c.n ..." rq CO C) -"n '.... ::c cC rnr'",i -OiT\ :_:,t)Ce ......)( } ~\~-?-~' 7.-n) (..JI :.;"\ ,~ ~JJ ~~ --0 -"I' -" N <f\ UJ ct-- In the Court of Common Pleas Cumberland County, Pennsyllvania Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiffs Docket No.: Writ No,: Amount Due: Principal: Interest to Clerk's Cost: Sberiff's Cost: Total (as of v, Shannon Germer 29 Lancaster Avenue Enola, P A 17025 Defendant 0'5 -77"- $ $ 1,848,78 $ $ $ ) $ PETITION FOR A RULE TO SHOW CAUSE WHY AN ORDER GRANTING WAGE A TT ACHMENT 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 rdief in the instant Petition should not be granted upon the Defendant, Shannon Germer and the Ddendant's employer, Giant Foods,LLC, 1149 Harrisburg Pike, Carlisle, P A 17013, 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 November 30,2004 in the amount of$I,745.90, Docket Number CV-0000619-04. Post judgment costs increased this amount to $1,848.78, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on February 11,2005, under Docket Number 05-775. 4. The Defendant is currently employed at Giant Foods, LLC, 1149 Harrisburg Pike, Carlisle, P A 17013. 5. 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. 6. The Plaintiff requests that this Court issue an order attaching the wages ofthe Defendant to satisfy the judgment, as permitted by 42 Pa. C.S.A. Section 8127. , 7. 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, Shannon Germer and her current employer, Giant Foods, LLC, 1149 Harrisburg Pike, Carlisle, P A 17013. Respectfully Submitted: Date: CI.'~- oS ~jt M~_l Mark X. DJiSanto, AttorneY, P A Bar #51090 5351 Jaycee Avenue Harrisburg,PA 17112 (717)657-5729 () "-' Sf? = c: = ., en l]l' "-" 3:! !~:l r ii' rll :rJ -,..} r- W ;:,Ii-1 C/) - '~) CJ 0 <"?t-:: r , : "'< --,. """, :;:,.~ ) r, -'---. , .:f: ?) '- <-:'''n ~ C - .~. ~, 2'~ ...,"~ -"..., w :'6 "'"" -< R--CC"J'~J ' I '- L. I '- .... '"' ~ '" y 'I" '"O( vJ .u~ In the Court of Common Pleas Cumberland County, Pennsylvania v, Docket No,: 0 S - '11~ Writ No.: Amount Due: Principal: Interest to Clerk's Cost: Sheriff's Cost: Total (as of ~ T.(.v- Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, P A 17112 Plaintiffs Shannon Germer 29 Lancaster Avenue Enola, P A 17025 Defendant $ $1,848.78 $ $ $ ) $ AND NOW, this RULE TO SHOW CAUSE "2...00s.- day of 0 t,.{ W&t, upon consideration of the 11l 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, Shannon Germer, and her current employer, ~ant Foods, LLC, 1149 Harrisburg Pike, Carlisle, PA 17013, to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within Z-~ days of service; 3, the petition shall be decided under Pa. R.C.P. No. 206.7, notice of the entry of this order shall be provided to all parties and to the current employer of the Defendant, Giant Foods, LLC, 1149 Harrisburg Pike, Carlisle, PA 17013. i./.f'<(:( Oi", :("!'I"" 21 . ~'n n007 . ~I '" of )_~.I.., 'JU ... :10 r I ...... In the Court of Common Pleas Cumberland County, Pennsylvania Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, P A 17112 Plaintiffs Docket No.: Writ No.: Amount Due: Principal: Interest to Clerk's Cost: Sheriff's Cost: Total (as of v, Shannon Germer 29 Lancaster Avenue Enola, P A 17025 Defendant 05-775 Civil Term $ $ 1,848.78 $ $ $ ) $ 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 September 27, 2005, 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 October 9,2005, this Honorable Court issw~d 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 r; "'-11" employer, Giant Foods, LLC, 1149 Harrisburg Pike, Carlisle, PA 17013, as well as all current or subsequent employers. Respectfully Submitted: Date: \-C'1.aG ~At1 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 JA YCEE AVENUE HARRISBURG, PA 17112 Plaintiffs Docket No.: Writ No.: Amount Due: Principal: Interest to Clerk's Cost: Sheriff's Cost: Total (as of V. Shannon Germer 29 Lancaster Avenue Enola, P A 17025 Defendant CERTIFICATE OF SERVICE 05-775 Civil Term $ $ 1,848,78 $ $ $ ) $ 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 first class mail, addressed as follows: Shannon Germer 29 Lancaster Avenue Enola, P A 17025 Giant Foods, LLC 1149 Harrisburg Pike Carlisle, PA 17013 Respectfully Submitted, /"l I f , 11 ,I .....~! !! I .J. f \ i I ~~t~~tGt!~'~:~y : ~ PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 Date: /- 'I ~Jc~ By: C) ~,1 --; ( -- - _":1 -.,..- e,l \~r' c:::: ------ - ~ , In the Court of Common Pleas Cumberland County, Pennsylvania Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiffs Docket No.: Writ No,: Amount Due: Priucipal: Interest to Clerk's Cost: Sheriffs Cost: Total (as of v, Shannon Germer 29 Lancaster Avenue Enola, P A 17025 Defendant y JAN 1 .2 2006 yr 05-775 Civil Term $ $1,848,78 $ $ $ ) $ ATTACHMENT ORDER 2-0Db AND NOW, this ~ day of :r:> n ,:we+; 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, Douglas Johnson, and the Defendant's employer, Giant Foods, LLC, 1149 Harrisburg Pike, Carlisle, PA 17013, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Giant Food, LLC, 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, Giant Foods, LLC, 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 of the Prothonotary 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. , " '-~ ~. (L~~ . ~ ~OL, 0\ \./ So Ordered, By the Court ..._~ ,h c;c,- CJ -) u. C"' Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, P A 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs NO, 05-775 Shannon Germer 29 Lancaster Avenue Enola, P A 17025 Defendant CIVIL ACTION - LAW Praecipe to Enter Appearance for Plaintiff PLFF 1, Kindly enter the appearance for .Pietro Leone, Attorney, P A Fbr #R&:' 1 ?'J., To: Court of Common Pleas Prothonotary 1_ ~<./- 07 Date 5351 Jaycee Avenue Harrisburg, P A 17112 717-657-5729 r-.::> = c:::> ~ <- ~ -0 -.,.1" - o -n S!." f1~e -om :ny '")c '::,\.~'; :-C-i'j '~2o :5rn ~ "1> ~ t:? 0.) C .. Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, P A 17112 Plaintiff Vs Shannon Germer 29 Lancaster Avenue Enola, PAl 7025 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYL VANIA NO, 05-775 CIVIL ACTION - LAW Praecipe to Satisfy Judgment 1, Judgment is paid in fulL 2, Please satisfy this judgment. To: Court of Common Pleas Prothonotary /- v- ()7 , Date ::5( ;(? Pietro Leone, P A Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 ---- ------- "-:> <:::::> c.:.::> "'--.J - - o "1 =;! III :::n r.- -0 rq )J9 -C']('-I i,'rj ~~-r} ," C") >') f'A, :~ .'1:-". -':.0 ,"'" -0 :Jx: '"::' <:",) ...~