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HomeMy WebLinkAbout06-0255COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 9916-- Ma9 Dist. No.. 09-3-04 MDJ Name. Hon. THOMAS A. PLACEY Adorers. 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: ® Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FBENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L VS. J DEFENDANT: NAME and ADDRESS rSCHRHIBER, MARK 102 MILL WOOD DRIVE (PARENTS ROME) LHALIFAE, PA 17032 J DocketNo.: CV-0000557-05 Date Filed: 10/12/05 err nRFAULo JUDGMENT DT.TF - -.? (Name) ARLI'1 s'RRRiC T TllITTRT) DARTNRR QATT+ ® Judgment was entered against: (Name) ACA7tRTARR maA>Ir in the amount of $ '>357 - DO on ? Defendants are jointly and severally liable. ? Damages will be assessed on; ? This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ E:j Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) T 2/DR/05 (Date & Time) Amount of Judgment $ 0 3,235.0 Judgment Costs $ 122.00 Interest on Judgment $ .00 Attorney Fees $ 0 .0 Total $ 3,357.00 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 PR071-16NOTARY/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. I? Date "! • Magisterial District Judge Ice it at this is a true add Corr of the p(oceedings containing the judgment. 12 CJ Date A Magisterial District Judge My commission expires first Monday of January, 2010 . SEAL AOPC 315-05 DATE PRINTED: 12/08/05 10:02:39 AM `J Y? l TJ Sy R} C? C} c m. .1 n U1 -G , Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Mark Schreiber 102 Mill Wood Drive Halifax, PA 17032 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 06-255 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, Mark Schreiber and the Defendant's employer, Harmon Stoves, 352 Mountainhouse Road, Halifax, PA 17032, 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 December 8, 2005 in the amount of $3,235.00, Docket Number CV-0000557-05. Post judgment costs increased this amount to $3,357.00, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on January 11, 2006, under Docket Number 06-255 Civil Term. 4. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV-0000577-05. No response was received from defendant. 5. The Defendant is currently employed at Harmon Stoves, 352 Mountainhouse Road, Halifax, PA 17032. 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. 7. 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. 9. WHEREFORE, the Plaintiff hereby requests that the Honorable Court issue the proposed rile to show cause against both the Defendant, Mark Schreiber and his current employer, Harmon Stoves, 352 Mountainhouse Road, Halifax, PA 17032. Date: /5 Respectfully Submitted: ,Pietro Leone Attorney, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 171 t2 (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: Mark Schreiber 102 Mill Wood Drive Halifax, PA 17032 Date: I - 1 4? - 116 Respectfully Submitted, y: Pietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF: CUMBERLAND 66 Mag. Dist. Nor. 09-3-04 a MDJ Name- Han. THOMAS A,. PLACEY Addfe5s 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 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADORESS FBENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L J vs. DEFENDANT: NAMEand ACORESS ?SCHRSIBSR, MARK 102 MILL WOOD DRIVE (PARENTS HOME) LHALIFA%, PA 17032 7 ?g Judgment was entered for: (Name) ® Judgment was entered against: (Name) S CHEZIHE,s, mARx in the amount of $ 3, 357 _ nn on: ? Defendants are jointly and severally liable. Damages will be assessed on: ? 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 $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS.tkFTER 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 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 CF 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. 12' `O Z5 Date Magisterial District Judge I ce Ify that this is a true a d Corr of the p oceedings containing the judgment. 1'2 0?j Date 14 1 , Magisterial District Judge V 11 My commission expires first Monday of January, 2010 . SEAL AOPC 315-05 DATE PRINTED: 12/08/05 10:02:39 AM (Date of Judgment) 12IngIn5 (Date & Time) _ Amount of Judgment $ 3,235.00. Judgment Costs $ 122.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,357.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total -- $ ---------- i ._ -, Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff V. Mark Schreiber 102 Mill Wood Drive Halifax, PA 17032 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-255 CIVIL ORDER OF COURT AND NOW, this 1" 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 24, 2006; 3. The petition shall be decided under Pa.R.C.P. No. 206.7; 4. 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 the 3rtl day of April, 2006, at 2:30 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 requested Wage Attachment will be granted. 5. Notice of entry of this order shall be provided to all parties by the Petitioner. By the Court, „\ -? L M. L. Ebert, Jr., Pietro Leone, Esquire Attorney for Plaintiff p Mark Schreiber Defendant bas ",.:,,. i. Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Mark Schreiber 102 Mill Wood Drive Halifax, PA 17032 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 06-255 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 15, 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 1, 2006, this Honorable Court issued a Rule to Show Cause with a return on or before March 24, 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, Harmon Stoves, 352 Mountainhouse Road, Halifax, PA 17032, as well as all current or subsequent employers. Respectfully Submitted: Date: - 6 6 Pietro Leone, Attorney PA 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 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: Mark Schreiber 102 Mill Wood Drive Halifax, PA 17032 Harmon Stoves 352 Mountainhouse Road Halifax, PA 17032 Respectfully Submitted, Date: ( 3 " 0 (0 By: Pietro Leone, Attorney, PA Bar #85127 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 r-, n.i " il _? C.', _ -- a ECEIVED APR 07ltml Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 06-255 Mark Schreiber 102 Mill Wood Drive CIVIL ACTION - LAW Halifax, PA 17032 Defendant ATTACHMENT ORDER AND NOW, this ?1? day of o 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, Mark Schreiber, and the Defendant's employer, Harmon Stoves, 352 Mountainhouse Road, Halifax, PA 17032, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Harmon Stoves, 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 $3,357.00. 3. The Defendant's current employer, Harmon Stoves, 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. oar So Ordered, By the Court nn io? 1 I i.- ?Lq- Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Mark Schreiber 102 Mill Wood Drive Halifax, PA 17032 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 06-255 CIVIL ACTION - LAW Praecipe for Re-Issue of Writ of Attachment of Wages, Salary or Commissions To the Prothonotary: Re-Issue a Writ to Attach Wages, Salary or Commissions in the above matter (1) The Plaintiff Triple Crown Corporation was issued a judgment on the Defendant dated December 8, 2005, Plaintiff then petitioned the court to issue an order dated April 3, 2006 to the Defendant's Employer to attach the Defendants wages. (2) The Plaintiff now respectfully requests that the Defendant's present employer Herre Bros. attach the Defendants wages. Date: f ,.'n0? '` - Pietro Leone, Attorney, PA r 485127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 v ? Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Mark Schreiber 102 Mill Wood Drive Halifax, PA 17032 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 06-255 CIVIL ACTION - LAW ATTACHMENT ORDER AND NOW, this 'k" day of , 2007, 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, Mark Schreiber, and the Defendant's employer, Herre Bros, Inc, 4417 Valley Road, Enola, PA 17025, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Herre Bros., 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 $3,357.00 less payments of $590.48 leaving a balance due of $2,766.52. 3. The Defendant's current employer, Herre Bros., 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. Q,?O So Ordered, By the Court 'JARS 61001.,,,, j. d r d ,„v ? ?? t,j `r :? r??,;,. ? "'?? r?7 i? Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Mark Schreiber 102 Mill Wood Drive Halifax, PA 17032 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 06-255 CIVIL ACTION - LAW Praecive for Re-Issue of Writ of Attachment of Wages, Salary or Commissions To the Prothonotary: Re-Issue a Writ to Attach Wages, Salary or Commissions in the above matter (1) The Plaintiff Triple Crown Corporation was issued a judgment on the Defendant dated December 8, 2005, Plaintiff then petitioned the court to issue an order dated April 3, 2006 to the Defendant's Employer to attach the Defendants wages. (2) The Plaintiff now respectfully requests that the Defendant's present employer Herre Bros. attach the Defendants wages. Date: l - ?-3 O/V /V-Pietro Leone, Attorney, PA Alf "05127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 clc? V ? Q Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 : Plaintiff Vs NO. 06-255 Mark Schreiber : 102 Mill Wood Drive CIVIL ACTION - LAW Halifax PA 17032 Defendant Praecipe to Enter Appearance for Plaintiff 1. Kindly enter the appearance for Mark X. DiSanto, Attorney, PA Bar #51090. To: Court of Common Pleas Prothonotary ? --ZO -off Date Mark X. DiSanto, PAS 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 111.-/- Fit D-1 -I CAF TI 'F P,,-,; 2909 APR 23 PH 2: 3 2 Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Mark Schreiber 102 Mill Wood Drive Halifax PA 17032 Defendant 1. Judgment is paid in full. 2. Please satisfy this judgment. To: Court of Common Pleas Prothonotary 4 - 2'?- Oq Date IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-255 CIVIL ACTION - LAW Praecipe to Satisfy Judgm Mark X. DiSanto, PA-1 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 1090 FILIE-I-O"r GE -TA F. THE 2009 APR 23 PH 2: 3 2