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Home My WebLink About05-5121 09-3-04 TLc C 5. .5/;2 / Ct;;..i I L.o- NOTICE OF JUDGMENTrrRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS IsBRT CRBEK LIMITED PARTRBRSBIP I 5351 JAYCBB AVENUE HARRISBURG, PA 17112 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBBRLAlI1D Mag. Disl No . MDJ Name: Hon TBOMAS A. PLACBY Add"" 104 S SPORTING BILL RD MBCBAlII'ICSBURG, PA L -.J VS, 17050 DEFENDANT' 'FLOOD # NANCl' U,l BOX ,178 BEAVER SPRINGS, L Docket No.: CV-0000386-05 Date Filed: 7/19/05 NAME and ADDRESS Telep~OM (717) 761-8230 I PA 17812 -.J . BERT CREBK LIMITED PARTRBRSBIP 5351 JAYCBB AVAMU~ HARRISBURG, PA 17112 THIS IS TO NOTIFY YOU THAT: Ju~gment: -, ..n'p'am.T .TTmnM1nI'I' PLTP' [jJ [jJ Judgment was entered for: (Name) 'R.1n1'I' t"'DlI"II'Ir T.T'MTT'RTl Pa.'D'I"II'R'DR'RTP Judgment was entered against: (Name) poT.nnn 1IJa1lJC'V in the amount of $ 1 ,404 ~~ on: (Date of Judgment) AllAIn!> D Defendants are jointly and severally liable. o 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 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1.335.83 JudgrnentCosts $ 68.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,404.33 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY.HAS TH!' RIG!,iT TO APPEA.L WITHIN 30 DAYS liFTER THE ENTRY OF JUDGMiONT BY .FILlNG A NOTICE Ol"AI'PEAL'WITH TflEPFlbl1'lONOTAI'l't/CtEFlk. OFTHE COO'llfOl'CClMMON "LEAS;CrVIC DiVISTON.'YOU' '" MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTrrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE, 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 TH!' MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. I certifytha.t this is a tru~l <.oopy Of~":d v~oceedingS containing the judgment. ~ Date , Magisterial District Judge . " d3!16 \06. ... Date Magist!"hal District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-05 DATB PRINTED: 8/18/05 9:34:56 AM ~~ ~ \f '" -- v, .P '" 'S -<> 1'-' ,... Iv-' '" u... -\ "'" \ \. r ~ \.).0 () , ~ f o C ?'" ~~F; , (~~ ;:::l: <- ...,-.-. ,,-" 5:.; ~"-:~ s>c: ''7 ~ !,~'P "'<-, r-> = = "" (/> rtl -0 W o ~ c. ~ l!\ - ~ o -n ~-n n,p -om '.'JY ~S:~ ~;)?S 1:~rn ~ ? :~ -0 :3>: N ., N W ~ Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND,COUNTY, PENNSYLVANIA Vs NO, 05-5121 Nancy Flood RR I Box 178 Beaver Springs, P A 17812 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, Nancy Flood and the Defendant's employer, Manor Care Health Service, 1700 Market Street, Camp Hill, P A 17011, 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 August 18,2005 in the amount of$I,335.83, Docket Number CV-0000386-05. Post judgment costs increased this amount to $1,404.33, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on September 30, 2005, under Docket Number 05-5121 Civil Term. 4, Post judgment payments of$50.00 decreased the amount owed to $1,354.33, 5, Reasonable attempt has been made to contact and make payment arrangement to satisfY Judgment Docket Number CV-0000386-05, No response was received from defendant. 6, The Defendant is currently employed at Manor Care Health Service, 1700 Market Street, Camp Hill, P A 17011. 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, Nancy Flood and her current employer, Manor Care Health Service, 1700 Market Street, Camp Hill, P A 17011, Respectfully Submitted: Date: ;3 .. J() - dOO6 o J --;J -- t~ne Attorney, P A Bar #85127 5351 Jaycee Avenue Harrisburg, P A 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 ofPa, R,C,P, 440: Service by certified mail, addressed as follows: Nancy Flood RR I Box 178 Beaver Springs, P A 17812 Respectfully Submitted, Date: :3 - ~O - )tr:t, i2t ;; ~ By: Pietro Leone, Attorney PABar#85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 ~ ;..s;MMONWEAL TH OF PENNSYLVANIA /' / C~~~=:~F: CUMBERLAND 09-3-04 MDJ Nar118: Hon Address THOMAS A. PLACEY 104 S SPORTING HILL MECBAlII'ICSBURG, PA RD NOTICE OF JUDGMENTrrRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS IaERT CREEK LIMITED PARTNERSHIP I 5351 JAYCBE AVElII'UE HARRISBURG, PA 17112 L -.J VS. . (717) 761-8230 17050 DE"f.END~f\fT:: NAME and ADDRESS fFLOOD # NANcy nil BOlt 178 BEAVER SPRINGS, PA 17812 I BERT CREEK LIMITED PARTNERSBIP 5351 JAYCEE AVElII'UB HARRISBURG, PA 17112 L Docket No.: CV-0000386-05 Date Filed: 7/19/05 -.J ..,. -".i . .' ,- , THIS IS TO NOTIFY YOU THAT: --" ._...Juctgment:. ..:DERAULT.. JUDmfRlll'r PLTF [!] [jJ Judgment was entered for: (Name) "R'R'N'"1' t"'R'R'R''Ir T.TMTT"Rn 'P'lt.'R'l'''1Q''R'R~']:fTl' Judgment was entered against: (Name) FT.oon liIalill'!Y in the amount of $ 1 404 "" on: (Date of Judgment) 11/111/00; 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 Attachmenf/42 Pa.CS. S 8127 $ "0 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1.335.83 JudgrnentCosts $ 68.50 Interest on Judgment $' .00 Attorney Fees $ .00 Total $ 1,404.33 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY I1AS THl;.RIGHT TO APPEAL WITHIN,30DA YS..A,FTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF'AI'PEAL'WIIH Tfnn'R01"ffONQTARY/I:;CERk O~ THE'cblfRTbF'cCJIl,IMOf; PLEAS, CIVI[fji'vrSrON:;YOU':~" MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTITRANSCRII'T FORM WITH YDUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PRDVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PA YS IN FULL. SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT, . I certify tha.t this is a tru~DPY Ofcr':d u~oceedings Gontaining the judgment. ~'Date . ' Magistenal Dlstnct Judge Magist~rial District Judge ~le~D~ Date My commission expires first Monday of January, 2010 SEAL Aope 315.05 DATE PRINTBD: 8/18/05 9:34:56 AM . "... , ;a ~ - 0 0 4- 5 -,,; .c " " ~ ~ B '"" . .... " ;:. " '" ''2, -. ~ " .= ." c' " " ?o Q, r::. -0 ~ V'.l " ;:. ~ '"", ~ ;:. 0 ~ ~ 'r, ()., ~ r: ~ ~ ~ ()Q ~ 'i, l' - -,,; ~~ V'.l <> B -,,; ~ :=: "<) "" '(d ~ 0 p, ~~ ~ ?> ;:; U " \ ~ ~ " ~ -,,; ~ a " " ~ "" ~ ;:. -' ~ '" ;:S ~ ~ 0 <,F; ~ u ~ ~ ;:. ~ ~ - ~ ~ s ,.c ~ ;:S u tA 'C' ~ V'.l ~ ~ - ~ VJ ;:. 0 ~ ~ ... ;: -. 0 u ~ ,... -------- C~ "" c.'::) () C '- . '- ....." -r; =--~ .t.." hi " :.:>:) i',:",~ f'~) ~ N c--; ......~ i'- . ~~. i '- .r.:-- :;0 lD --..: Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Nancy Flood Defendant 05-5121 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 upDn the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will file an answer tD 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 the entry of this order shall be provided to all parties and to the current empioyer of the Defendant, Manor Care Health Service, 1700 Market Street, 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 26'h day of April, 2006, at 10:00 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, l M, L. Ebert, Jr., ',l:~!8 ., I - '1" o.~ \'\11'91'IU7 (j :0 I" (, (j J.'1 ;~ v 3Hl ::lD 1;~:'-n:n\j . J 'Pietro Leone, Esquire Attorney for Plaintiff cNancy Flood RR1, Box 178 Beaver Springs, PA 17812 Defendant Manor Care Health Service 1700 Market Street Camp Hill, PA 17011 bas ~y.wv~J., ~()NJ~ . ~~~~