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HomeMy WebLinkAbout05-2181 Address. THOMAS A. PLACBY 104 S SPORTING HILL MBCBARICSBURG, PA RD rl~J u~. :J-Ifl ~ T;~ NOTICE OF JUDGMENTfTR NSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDR 55 'BERT CREEK LDlITED PAR SHIP ., 5351 JAYCEE AVERlJE HARRISBURG, PA 17112 L ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ctJMB1!:RLlUIID Mag. Dist No.: 09-3-04 MDJ Name: Hon VS. 17050 DEFENDANT: fi:EClt, ANGELA 286D S. LOCUST MBCHARICSBURG, L Docket No.: CV-0000089-05 Date Filed: 2/22/05 NAME and ADDR .55 Telephm,. (717) 761-8230 ., BERT CREEK LIMITED PARTRBRSHIP 5351 JAYCEB A~~u~ HARRISBURG, PA 17112 ~ THIS IS TO NOTIFY YOU THAT: Judgment: [i] Judgment was entered for: (Name) [i] Judgment was entered against: (Name) in the amount of $ 2 liRR 00 on: (Date of Judgment) o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 2 486.00 $ 102.00 $ .00 $ .00 $ 2 588.00 O Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ o Portion of Judgment ff'r physical damages arising out of residential lease $ 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, I THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROC 55 MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL ISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGME T MA Y FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR P YS IN FULL, SETTLES. OR OTHERWISE COMPLIES WITH THE JUDGMENT. J 14 05 Date Magisterial District Ju ge I certify that this is a true a d 3\24\D6 Date copy record of the eedings containing the judgment. , Magisterial District Ju ge My commission expires first Monday of January, 2010 SEAL AOPC 315-05 DATE PRINTED: 3/24/05 2:52:25 PM (") ..., 0 = f ~ c = -n :;:: en ~:n ....J :zoo \ r ~ "'0 i~r5 -0 I;~ ~ mf" z:H ;:0 fTi ....... '7>- N ~~ 0 ..., ~ ~. Cf\ ~\ ~. ..... ~ kt~,. :r!,-i , "" ", -0 O::D It, 1, ..... "v ~() ::B: a~ - \.;, 0 ::3 '1'. r >c - ;!;1 '<' z .. "<". ~ <.rl ~ ? z N r-- C ..... f) -\ , ~ 1 '" f" <:> .r iJ" " -{:, ""- i )',. V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HELEN PAPANDREA, Plaintiff KARNS FINE AND FANCY FOODS, A.K.A KARNS GROCERY STORE, Defendants GX~ DOCKET NO.: -88:2180 CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs, Helen Papandrea and her attorney, Joseph J. Dixon, Esquire You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: r EPHEN J. BARCA V AGE, ESQUIRE J.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg,PA 17112 (717) 651-3506 Attorney for Defendant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA oS-~ DOCKET NO.: 19-2180 HELEN PAPANDREA, Plaintiff KARNS FINE AND FANCY FOODS, A.K.A KARNS GROCERY STORE, Defendants CIVIL ACTION-LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT NOW COMES Defendant, Karns Prime and Fancy Foods, L TD dba Karns Quality Foods, improperly captioned as Karns Fine and Fancy Foods, aka Karns Grocery Store, by and through its attorney, who files this response to Plaintiff's Comp!laint and answers the Complaint as follows: 1. Denied. Defendant lacks knowledge sufficient tD form a belief as to the truth of the allegations contained in paragraph 1, and therefore, the same are denied with strict proof thereof required at trial. 2. Denied. Defendant is registered as Karns Prime and Fancy Foods, L TD dba Karns Quality Foods. Defendant's primary address is 675 Silver Spring Road, Mechanicsburg, Pennsylvania 17050. 3. Denied. Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph 3, and therefore, the same are denied with strict proof thereof required at trial. 4. Denied. The allegations of this paragraph constitute conclusions oflaw to which no further responsive pleading is required and, accordingly, these allegations are denied and proofthereof is demanded at trial, ifre1evant. 5. Denied. Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph 5, and therefore, the same are denied with strict proof thereof required at trial. 6. Denied. The allegations of this paragraph constitute conclusions oflaw to which no further responsive pleading is required and, accordingly, these allegations are denied and proof thereof is demanded at trial, if relevant. By way of further response, Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph 6, and therefore, the same are denied with strict proof thereof required at trial. To the extent that any further responsive pleading is required, then the allegations set forth in this paragraph is denied within the provisions set forth at Pa.R.C.P. 1029 (e) and proof thereof is demanded at trial, if relevant. 7. Denied. The allegations of this paragraph constitute conclusions oflaw to which no further responsive pleading is required and, accordingly, these allegations are denied and proof thereof is demanded at trial, ifre1evant. By way of further response, Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph 7, and therefore, the same are denied with strict proof thereof required at trial. To the extent that any further responsive pleading is required, then the allegations set forth in this paragraph is denied within the provisions set forth at Pa.R.C.P. 1029 (e) and proofthereofis demanded at trial, if relevant. 8. Denied. The allegations ofthis paragraph constitute conclusions oflaw to which no further responsive pleading is required and, accordingly, these allegations are denied and proof thereof is demanded at trial, if relevant. 9. Denied. The allegations of this paragraph constitute conclusions oflaw to which no further responsive pleading is required and, accordingly, these allegations are denied and proof thereof is demanded at trial, ifrelevant. 10. Denied. The allegations of this paragraph constitute conclusions oflaw to which no further responsive pleading is required and, accordingly, these allegations are denied and proof thereof is demanded at trial, if relevant. To the extent an answer is deemed required, the porch area is not the main storage area for carts. The carts are stored inside the store and on the north side of the store away from the entrance doors. At regular intervals, Defendant's employees gather carts which have been properly placed in corrals in the parking lot as well as those abandoned by customers in the parking lot and on the porch. These carts are then moved to the porch or inside the store as needed. 11. Denied. The allegations of this paragraph constitute conclusions oflaw to which no further responsive pleading is required and, accordingly, these allegations are denied and proof thereof is demanded at trial, if relevant. By way of further response, Defendant lacks knowledge sufficient to form a belief as to the !ruth of the allegations contained in paragraph 11, and therefore, the same are denied with strict proofthereof required at trial. To the extent that any further responsive pleading is required, then the allegations set forth in this paragraph is denied within the provisions set forth at Pa.R.C.P. 1029 (e) and proof thereof is demanded at trial, if relevant. 12. Denied. The allegations of this paragraph constitute conclusions oflaw to which no further responsive pleading is required and, accordingly, these allegations are denied and proof thereof is demanded at trial, ifrelevant. By way of further response, Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph 12, and therefore, the same are denied with strict proof thereof required at trial. To the extent that any further responsive pleading is required, then the allegations set forth in this paragraph is denied within the provisions set forth at Pa.R.C.P. 1029 (e) and proof thereof is demanded at trial, if relevant. 13. Denied. The allegations of this paragraph constitute conclusions oflaw to which no further responsive pleading is required and, accordingly, these allegations are denied and proof thereof is demanded at trial, if relevant. By way of further response, Defendant lacks knowledge sufficient to form a belief as to the truth ofthe allegations contained in paragraph 13, and therefore, the same are denied with strict proofthereofrequired at trial. To the extent that any further responsive pleading is required, then the allegations set forth in this paragraph is denied within the provisions set forth at Pa.R.C.P. 1029 (e) and proof thereof is demanded at trial, if relevant. 14. Denied. The allegations of this paragraph constitute conclusions oflaw to which no further responsive pleading is required and, accordingly, these allegations are denied and proofthereof is demanded at trial, ifre1evant. By way of further response, Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph 14, and therefore, the same are denied with strict proof thereof required at trial. To the extent that any further responsive pleading is required, then the allegations set forth in this paragraph is denied within the provisions set forth at Pa.R.C.P. 1029 (e) and proofthereofis demanded at trial, if relevant. 15. Denied. The allegations of this paragraph constitute conclusions oflaw to which no further responsive pleading is required and, accordingly, these allegations are denied and proofthereof is demanded at triaJ, if relevant. By way of further response, Defendant lacks knowledge sufficient to form a belief as to the truth ofthe allegations contained in paragraph 15, and therefore, the same are denied with strict proofthereofrequired at trial. To the extent that any further responsive pleading is required, then the allegations set forth in this paragraph is denied within the provisions set forth at Pa.R.C.P. 1029 (e) and proof thereof is demanded at trial, if relevant. 16. Denied. The allegations of this paragraph constitute conclusions oflaw to which no further responsive pleading is required and, accordingly, these allegations are denied and proof thereof is demanded at trial, if relevant. By way of further response, Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph 16, and therefore, the same are denied with strict proof thereof required at trial. To the extent that any further responsive pleading is required, then the allegations set forth in this paragraph is denied within the provisions set forth at Pa.R.C.P. 1029 (e) and proof thereof is demanded at trial, if relevant. 17. Denied. The allegations ofthis paragraph constitute conclusions oflaw to which no further responsive pleading is required and, accordingly, these allegations are denied and proof thereof is demanded at trial, if relevant. By way of further response, Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph 17, and therefore, the same are denied with strict proof thereof required at trial. To the extent that any further responsive pleading is required, then the allegations set forth in this paragraph is denied within the provisions set forth at Pa.R.C.P. 1029 (e) and proof thereof is demanded at trial, ifrelevant. 18. Denied. The allegations of this paragraph constitute conclusions oflaw to which no further responsive pleading is required and, accordingly, these allegations are denied and proof thereof is demanded at trial, if relevant. By way offurther response, Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph 18, and therefore, the same are denied with strict proofthereof required at trial. To the extent that any further responsive pleading is required, then the allegations set forth in this paragraph is denied within the provisions set forth at Pa.R.C.P. 1029 (e) and proof thereof is demanded at trial, if relevant. 19. Denied. The allegations of this paragraph constitute conclusions oflaw to which no further responsive pleading is required and, accordingly, these allegations are denied and proof thereof is demanded at trial, if relevant. By way of further response, Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in paragraph 19, and therefore, the same are denied with strict proof thereof required at trial. To the extent that any further responsive pleading is required, then the allegations set forth in this paragraph is denied within the provisions set forth at Pa.R.C.P. 1029 (e) and proof thereof is demanded at trial, if relevant. NEW MATTER DIRECTED TO PLAINTIFF 20. Defendant hereby incorporates by reference its answers to paragraphs 1 through 19 as if fully set forth herein. 21. No act or omission on the part of Defendant was a substantial contributing factor in bringing about Plaintiff's alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 22. Defendant breached no duty of care, if any such duty of care was owed to Plaintiff under the circumstances described in Plaintiff's Complaint. 23. Plaintiff's injuries and/or damages, if any, were caused in whole or in part by pre- existing physical and/or medical conditions which were neither aggravated nor contributed toward any act, omission or other liability producing conduct on the part of Defendant. 24. Plaintiff's injuries and or damages, if any, were caused in whole or in part by acts and or omissions on the part of persons and or entities over home defendant had neither control nor right of control. 25. Plaintiff's claims may be barred and/or limited by the doctrines of res judicata and/or collateral estoppel. 26. Plaintiff's claims may be barred and or limited by Plaintiff's failure to mitigate their damages as required by law. 27. Defendant reserves it's right to raise one or more of those defenses reserved through PA.R.C.P. 1030. 28. Plaintiffs Complaint fails to state a cause of action upon Defendant in which relief can granted. 29. Plaintiff was contributorily negligent. 30. Plaintiff knowingly and voluntarily assumed the risk of their injuries under the circumstances in Plaintiffs Complaint by identifying a dangerous condition, appreciating its dangerous character and voluntarily proceeding to encounter that condition. 31. Plaintiffs cause of action may be barred and/or limited by the applicable statute of limitations. 32. The incident, injuries and/or damages alleged to have been sustained by Plaintiff was not proximately caused by Defendant. 33. Defendant avers that Plaintiff has failed to take all reasonable and necessary steps to mitigate damages and injuries allegedly suffered in this case. Defendant avers that either some or all of Plaintiffs alleged injuries and/or damages and/or treatments were unrelated to the incident which is a basis for this lawsuit. 34. Defendant breached no duty of care owed to Pla:mtiffunder the circumstances. 35. Plaintiffs claims are barred by the Choice of Path Doctrine. 36. Plaintiff failed to exercise reasonable care for their own safety under circumstances described in Plaintiffs Complaint. 37. Plaintiffs failure to exercise reasonable care for their own safety was a substantial factor in the happening of the incident described in Plaintiffs Complaint. WHEREFORE, Defendant, Karns Fine and Fancy Foods, aka Karns Grocery Store, demands judgment in its favor and against Plaintiffs, together with such other costs this Honorab]e Court deems appropriate. Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: &/'78/05" A------ BY: TEPHEN J. BARCA V AGE, ESQUIRE I.D. No. 78867 4200 Crums Mill Road, Suite B Harrisburg,PA 17112 (7]7) 651-3506 Attorneys for Defendant, Karns Prime and Fancy Foods, L TD dba Karns Quality Foods VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter to Plaintiffs' Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs' Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs' Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the ext<:nt that the contents of the Answer with New Matter to Plaintiffs' Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 1'f(I/l\E- KARNS .l'Hoffl & FANCY FOODS DATE: {., /2 L/ / OS BY {2u{;l ~ 'LP Title: v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HELEN PAPANDREA, Plaintiff KARNS FINE AND FANCY FOODS, A.K.A KARNS GROCERY STORE, Defendants DOCKET NO.: 00-2180 CIVIL ACTION-LAW JURY TRIAIL DEMANDED CERTIFICATE OF SERVICI~ I, Jennifer White, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this Z5 day of June 2005, I served a copy of the foregoing documents to Plaintiff's counsel via First Class United States mail, postage prepaid as follows: Joseph J. Dixon, Esquire 126 State Street Harrisburg, PAl 71 0 1 o '-LeI ~)/d;; ~.WHITE Q ~, r--' .:;~ ~ ~ L- I- I ~ *~ :'6trl <:J~ - ,~..l,:.::!A 5-" :';'. 'z~ - 0'" - .,,-, SS ,r;:- c<; 1-,) - In the Court of Common Pleas Cumberland County, Pennsylvania v. Docket No.: OS..2 11'/ Writ No.: Amount Due: Principal: Interest to Clerk's Cost: Sheriff's Cost: Total (as of (;;;uJJ:;- Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, P A 17112 Plaintiffs $ $ 2,588.00 $ $ $ $ Angela Heck 286D S. Locust Point Road Mechanicsburg, P A 17055 Defendant ) 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 rdief in the instant Petition should not be granted upon the Defendant, Angela Heck and the Defendant's employer, Giant Foods,LLC, 1149 Harrisburg Pike, Carlisle, PA 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 March 24,2005 in the amount of $2,486.00, Docket Number CV-0000089-05. Post judgment costs incff:ased this amount to $2,588.00, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on April 26, 2005, under Docket Number 05-2181. 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 of the 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, Angela Heck and her current employer, Giant Foods, LLC, 1149 Harrisburg Pike, Carlisle, PA 17013. Respectfully Submitted: Date: --.!!t .~'} 0~ ~ Mark X. DiSanto, A arney, PA Bar #51090 5351 Jayc~'e Avenue Harrisburg, PA 17112 (717)657-5729 Q ,,, .< ,,> "'" =, C...{l o -n ...... ':1: h1p -a~ -r) '~~. 'r~~ ~:"'-rn ~?l ~D ;< (/) fM'fj -;;> '-', C) .r- Jv R"'C(." ''::J " , ,.... 1_.'.... L.... " ':'00. \, ~ ~ J ~ In the Court of Common Pleas Cumberland County, Pennsylvania v. Docket No.: oS, .;1 / f' I Writ No.: Amount Due: Principal: Interest to Clerk's Cost: Sheriff's Cost: Total (as of CW;J7;" Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, P A 17112 Plaintiffs $ $2,588.00 $ $ $ ) $ Angela Heck 286D S. Locust Point Road Mechanicsburg, P A 17055 Defendant RULE TO SHOW CAUSE ..- 200S. AND NOW, this ~ day of 0(.. ~ WM, upon consideration ofthe 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, Angela Heck, and her current employer, Giant 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 '2. c;J days of service; 3. the petition shall be decided under Pa. KC.P. No. 206.7, notice of the entry of this order shall be provided to all parties and to the current employer ofthe Defendant, Giant Foods, LLC, 1149 Harrisburg Pike, Carlisle, PA 17013. !1~e ~.~ \D'\ -- I i"1 :011,.1..'.'.1 Z'I f::10 Crn? -'_'" '. :t:..:u" J,) _Jl..._ 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: Principal: Interest to Clerk's Cost: Sheriff's Cost: Total (as of v. Angela Heck 286D S. Locust Point Road Mechanicsburg, P A 17055 Defendant 05-2181 Civil Term $ $ 2,588.00 $ $ $ ) $ 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 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 issued a Rule to Show Cause with a return of twenty (20) days. 3. The Defendant responded in October 2005, indicating that the Defendant had filed for bankruptcy, but to date, Plaintiff has received nothing indicating this to be true. 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, Giant Foods, LLC, 1149 Harrisburg Pike, Carlisle, PA 17013, as well as all current or subsequent employers. Respectful1y Submitted: Date: 1- Cj - of, VVtuJ JH Mark X. DiSanto, Attorney PA Bar #51090 5351 Jayce,e Avenue Harrisburg, P A 17112 (717) 657-5729 c._ -- - -,'") -~.... (;"! c"'",- o () ~ ..-\ ^,C-r; \ ;1 .....------- . 'jilt 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. Angela Heck 286D S. Locust Point Road Mechanicsburg, P A 17055 Defendant V JAN 1 2200Brf" .;}IPI 05 29181 Civil Term $ $2,588.00 $ $ $ ) $ ATTACHMENT ORDER 2.00 G AND NOW, this ~ day of -S 2J}. ' 26tr.\, 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, Iris Bradley, 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 Foods, LLC, and all subsequent employers ofthe 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. $)/ ')..- ~0Y ~'<. /......, ~\ C-~ C ) .~~~ / ../ ,\;. (, ,\,U , .\ \ C} So Ordered, By the Court .'-,1 PC ,,,'.J 1 ,q L ~~','(' ~.~:,,',q'l ,., d .I~,0V In the Court of Common Pleas Cumberland County, Pennsylvania BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE A VENUE HARRISBURG, P A 17112 Plaintiffs Docket No.: Writ No.: Amount Due: Principal: Interest to Clerk's Cost: Sheriff's Cost: Total (as of V. Angela Heck 286D S. Locust Point Road Mechanicsburg, P A 17055 Defendant CERTIFICATE OF SERVICE ,jAil! 1 2 2006f 05-2181 Civil Term $ $ 2,588.00 $ $ $ ) $ 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. RC.P. 440: Service by certified mail, addressed as follows: Angela Heck 286D S. Locust Point Road Mechanicsburg, P A 17055 Giant Foods, LLC 1149 Harrisburg Pike Carlisle, PA ]7013 Respectfully Submitted, I (1 I I .' t/tf-Ui)/rIJ,K, / By: r<1ark DiSanto; AttbmeyV PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 Date: / .. q- J6 I In the Court of Common Pleas Cumberland County, Pennsylvania v. Docket No.: Writ No.: Amount Due: Principal: Interest to Clerk's Cost: Sheriff's Cost: Total (as of oS"'a\~\ Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, P A 17112 Plaintiffs Angela Heck 286 D South Locust Point Road Mechanicsburg, P A 17055 Defendant $ $ 2,588.00 $ $ $ ) $ PLAINTIFF'S MOTION TO SUSPEND WAGE A TT ACHMENT AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 206.7, Plaintiff, Bent Creek Limited Partnership, hereby files this Motion to Wage Attachment, and in support of same avers as follows: 1. Attachment order was granted against Defendant on January 13,2006. 2. Plaintiff received notice that Defendant filed for bankruptcy on October 16, 2005 (exhibit A). WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant that the wage attachment against the Defendant's current employer, Giant Foods, LLC, 1149 Harrisburg Pike, Carlisle, PA 17013, be suspended pending outcome of bankruptcy proceedings. Date: ;2-). - o{o @S:;,") Pietro Leone, Attorney PABar#85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 I " . Exhibit A · ~ 31 06 11:11a Lee E. Oesterling & Assoc -:. .. V,:)D\...., .L AlYi - Ll Y.c - v L./.t - l'lOUCeUIl'lung . . . . . . . . . 717-790-9669 p.1 Page lof2 United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was frled under Chapter 7 of the United States Bankruptcy Code, entered on 10/16/2005 at 10:21 PM and filed on 1011612005. Angela L Heck 286 D South Locust Point Road Mechanicsburg, PA 17055 SSN: xxx-xx-9674 Terrance E Heck 1703 Kent Road Camp Hill, PA 17011 SSN: xx-'{-xx-155& The case was filed by the debtor's attorney: The bankruptcy trustee is: Lee Eric Oesterling 42 East Main Street Mechanicsburg, P A 17055 717 790-5400 Leon P. Haller (Trustee) Purcell, Krug and Haller 1719 North Front Street Harrisburg,PA 17102 717234-4178 The case was assigned case number 05-9873 to Judge Mary D France. In most instances, the filing of the bankruptcy case automatically stays cenain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in tlJis case. If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page http://www.pamb.uscourts.gov/ or at the Clerk's Office, U.S. Bankruptcy Court, Ronald Reagan Federal Building, PO Box 908, Harrisburg, P A 17108. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. Arlene Byers Clerk, U.S. Bankruptcy Court II II https:!leef.pamb.uscourts.govlcgi-bin,fto.;oticeOtFiling.p1?162837 ]/31/2006 . CERTIFICATE OF SERVICE I hereby certify that I am this day serving Plaintiffs Motion to Suspend Wage Attachment 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: Lee Eric Oesterling 42 East Main Street Mechanicsburg, PA 17055 Date: ;'~8-()0 Respectfully Submitted, &iL2cl::- PA Bar #85127 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 l"'-~" <~..:., > , i) ':l'l .-, ~r __ [;1 -,.., rl"~, C.) I '.0 -n -~~ ,., ;y In the Court of Common Pleas Cumberland County, Pennsylvania v. Docket No.: Writ No.: Amount Due: Principal: Interest to Clerk's Cost: Sheriff's Cost: Total (as of OS.;2/Q I y CwJ Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, P A 17112 Plaintiffs $ $ 2,588.00 $ $ $ ) $ Angela Heck 286 D South Locust Point Road Mechanicsburg, P A 17055 Defendant ORDER AND NOW, this \ s \-l day of (fb , 2006, upon consideration of the foregoing Motion to Suspend Wage Attachment, it is hereby ORDERED AND DECREED the wage attachment shall be suspended pending outcome of bankruptcy proceedings. So Ordered, By the Court ~fi ? f r tJ f r tl~ ~ .' 5:c<So ,.. 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