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HomeMy WebLinkAbout05-5123 Address: TBOMAS A. PLACBY 104 S SPORTING BILL MECBARICSBURG, PA RD ILt oS. S J.).3 ~ .,...-- NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'BERT CHEEK LIMITED PARTRBRSBIP I 5351 JAYCEE AVaBU~ HARRISBURG, PA 17112 L ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: COMBEJl.LARD M",g DisL No 09-3-04 MDJ Name: Hon VS. T'''phooo (717) 761-8230 17050 DEFENDANT: NAME and ADDRESS raOSE, TBRRY 182 ORRICK RIRBR LR MARTINSBURG, WV 25401 L I BERT CHEEK LIMITED PARTRBRSBIP 5351 JAYCEE AVaBU~ HARRISBURG, PA 17112 Docket No.: CV-0000557-04 Date Filed: 9/01/04 ~ . THIS IS TO NOTIFY YOU THAT: Judgment: DKI!I'AULT ,'l'l1nl.lM1nII'I' PLTP Ii] Ii] Judgment was entered for: (Name) RInII'I' I"Vlf'RT T. TMT'I'lfn 1>IUl'l'WlfVRlIT1> Judgment was entered against: (Name) RORR, 'I'lfVVY in the amount of $ 4,11>7 ~o; on: (Date of Judgment) A/1A/nr:; D D D Defendants are jointly and severally liable. (Date & Time) / Amount of Judgment $ 4.048.85 Judgment Costs $ 118.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 4.167.35 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ Damages will be assessed on: This case dismissed without prejudice/- D Amount of Judgment Subject to AttachmenV42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ 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, 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 PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~Date I certify that this is a true a d ~Date Magisterial District Judge e reco p oceedings containing the judgment. , Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315.05 DATE PRINTED: 8/18/05 9:20:03 AM \l , '\ ~ "" o o ~ Yf' d f ~ - ..., "" ~ \.>> (;"' .... .., ll'- " ~, ~ --C> ...., V, -\ \' \ r ~ -> a = ~ 17 c = ;;; en 0 "'Cq'_' (/) ~-n v, Qjb'- fT1 -0 f11p \ 4_. W -"m -'~10 '" ~'),. c:> C) i.., ~~ :.:J~'; - \.j :~ ~~-I -0 ::> -r; ,>,0 "" ,):;><C N C:')rn ~ ~ --, w 55 .z.- ,< .. 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. Terry Rose 182 Orrick Riner Lane Martinsburg, WV 25401 Defendant 05-5123 civil term $ $ 4,167.35 $ $ $ ) $ 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, Terry Rose and the Defendant's employer, Blue Links Corp, 4300 Georgia Pacific Boulevard, Frederick, MD 2 I 704, 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 $4,048.85, Docket Number CV-0000557-04. Post judgment costs increased this amount to $4,167.35, which is shown on the certified judgment 3. The District Justice Judgment was filed with this Court on September 30, 2005, under Docket Number 05-5123 civil term. 4. The Defendant is currently employed at Blue Links Corp, 4300 Georgia Pacific Boulevard, Frederick, MD 2 I 704. 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, Terry Rose and her current employer, Blue Links Corp, 4300 Georgia Pacific Boulevard, Frederick, MD 21704, Respectfully Submitted: Date: iZg?- !~Leon ,Attorney, PA Bar #85127 5351 Jaycee Avenue Harrisburg,PA 17112 (717)657-5729 ,--" ." c '" c--, ,~~.~ ,,,", -7-, .-< FE ;n -r:liT: ",';'CJ ,.~; (~J "r; ~n ,'0 ;.:_;(,1 <'-{ .." .., l,:.--:J I <-, :t::- _.;,.~ -'. (....) -.J :~ ( ... 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. Terry Rose 182 Orrick Riner Lane Martinsburg, WV 25401 Defendant RULE TO SHOW CAUSE ~~~ ~) y 05-5123 civil term $ $5,009.21 $ $ $ ) $ I. a rule is issued upon the Defendant, Terry Rose, and her current employer, Blue Links Corp, 4300 Georgia Pacific Boulevard, Frederick, MD 21704, to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within 'J... 0 days of service; 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, Blue Links Corp, 4300 Georgia Pacific Boulevard, Frederick, MD 21704. By the Court: 1 ~ -t [\I;.. \ )-y-v~ ~ ~ ~ j.: ,~-,"r<,- , ,-',i \) II : II H\l 8 - 83;] 9GDl AS\r1C;-<ij :~H.L .:10 J~J:_~_'~(J--CFr\'J t Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs NO. 05-5123 Terry Rose PO Box 1971 Martinsburg, WV 25402 Defendant CIVIL ACTION - LAW PLAINTIFF'S MOTION TO SUSPEND WAGE ATTACHMENT AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 206.7, Plaintiff, Bent Creek Limited Partnership, hereby files this Motion to Suspend Wage Attachment, and in support of same avers as follows: I. Rule to Show Cause was granted against Defendant on February 8, 2006. 2. Plaintiff received notice that Defendant is willing to resume payment plan. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant that the wage attachment against the Defendant's current employer, Blue Links Corp, 4300 Georgia Pacific Boulevard, Frederick, MD 21704, be suspended pending outcome of negotiation of payoff. Respectfully Submitted: Date: 3 ~ /f)~ D0 :A ;/. ;J Pietro Leone, Atto y PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 o C ,;[': [}'j(: ;'7. s:;.~ r:> ~~>:: p~~' ~.~ -( '" C;:) = .;::;:.-.. o -n 5!.,., fn ;= :-9 CD ;.,~y..,.J ~d6 {J~J :~~~ ~; I> :'0 -< :::r ".. ::0 m -0 :J;;: ':'? c.:'J -.J Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs NO. 05-5123 Terry Rose PO Box 1971 Martinsburg, VV\1 25402 Defendant CIVIL ACTION - LAW PLAINTIFF'S MOTION TO SUSPEND WAGE ATTACHMENT AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 206.7, Plaintiff, Bent Creek Limited Partnership, hereby files this Motion to Suspend Wage Attachment, and in support of same avers as follows: 1. Rule to Show Cause was granted against Defendant on February 8, 2006. 2. Plaintiff received notice that Defendant is willing to resume payment plan. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant that the wage attachment against the Defendant's current employer, Blue Links Corp, 4300 Georgia Pacific Boulevard, Frederick, MD 21704, be suspended pending outcome of negotiation of payoff. Date: 3 '.';)D - Jot) ~~ Respectfully Submitted: &d2 Pietro Leone, Attorney PA Bar#85127 5351 Jaycee Avenue Harrisburg, PAl 7112 (717) 657-5729 ~---, r-.." ..-...~ ,---:> ,~).--. ~ {., "" ,-, 2;:n \I'i (~: :.;J i',' -0 , .r:- u.l "::J :.< C,) < -.. . ..... ~ Bent Creek Limited Partnership 5351 Jaycee Avenue PENNSYLVANIA Harrisburg, PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, Rr.CEIVED f.1Ai< 17 Ii Vs NO. 05-5123 Terry Rose PO Box 1971 Martinsburg, WV 25402 Defendant CIVIL ACTION - LAW AND NOW, this ORDER "\1.~~ ^^ \ ... day of n!>..H,,1i\ , 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 negotiation of payoff. So Ordered, By the Court 't~r \,',;'1 ::J.,!NJd -":~::'1nJ 20 :8 Wi ZZ ""II ""1' .r, "'''I 'oJ:;}. J~')" A1NLC:C;,: LUcid 3H1 :10 38::H~)-{]:n[:I Bent Creek Limited Partnership 5351 Jaycee Avenue PENNSYLVANIA Harrisburg,PA 17112 Plaintiff I Rr;C~"i~ 'ST~) I 'I"'" "UI" : IV P.,., .. , ( 10 IN THE COURT OF CdtMMON PLEAS CUMBERLAND, CO~,,,,,c""~'Z:: 7 " .... Vs NO. 05-5123 Terry Rose PO Box 1971 Martinsburg, WV 25402 Defendant CIVIL ACTION - LAW ORDER ., \ ~1' \ AND NOW, this .> day of 1"\ a......t;\I\ ,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 negotiation of payoff. So Ordered, By the Court ~ -t w~ 6 {'r : j j HV 1 [ ~,~'~I('J