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Home My WebLink About06-2911 ,. ,.. ..,.... .,..t':;'...\~.~..."""~"""""'" '.,,~,,'.. ,<>' ....,'.,,,, ,,:~,.,., "Y'" ~:",'W''''':'u',';'' '\' "I"",.""":~";~",,,,,,,,,,,,~,,,,,,, ',"" '1~~"..,.t""":""",:,,,.'/,, :T"'."""'J~~'''.-''''.,...~"",,, ,.."..~. .....,.,,-:'~"';:..~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ClJIIBUT.UID a -;21111 09-3-04 ",' . ...NOTICE OF JUDGMENTITRANSCRIPT ~ CIVIL CASE PLAINTIFF: NAME and ADDRESS fiBll'r C'1l!~ LIKJ:TBD PAllT1lDSBJ:P --, 5351 JAYCBB A~..u. BAKRJ:SBURG, PA 17112 L -.J ~,' , ',', "VS.' " ~~~;j~L ",~:M~,;~ A~O~:SS ~ '" \<'~: -;1,:: .J 45 ~~sjrQ. GUDIRS" , ;.. ,,~' ',' ',' ,- ' CARLISLlii l'A,'17013' " L Mag. Dist. No.: MDJ Name: Hon. TBOIIAS A. PLACBY Ad(j,." 104 S SPOIlTi:JrQ BJ:LL JlD , ~~SBqG~.,l>~ " ';,;T,~::r :t,1_),:7.'fLJ~~;t~~i"d',;h)O,!it:,,;" :"':;\:::'~ '-::';!r BBII'r CUD: LIKJ:TBD PAllT1lDSBJ:P 5351 JAYCEE A~..u. BAKRJ:SBURG, PA 17112 Dockel No,: CV-0000683-05 Dale Filed: 12/28/05 -.J . THIS IS TO NOTIFY YOU THAT: Judgment: DKI'AUL'I' .T1'ITV2InnI'I' ~'J'I' [i] [i] Judgment was enlered for: (Name) 'A'InI'P ~'lt1!'" T.TIITlII'1!n 'D......-.nrA.TP Judgment was enlered against: (Name) a.11a.'D r IITf"IRa.WT. in the amount of $ 2,Q1J; .2 on: (Dale of Judgmenl) (Dale & 1rime) 2/02/0J; . . o o o o Defendanls are jointly and severally liable. Amounl of Judgmenl Subject 10 Attachment/42 Pa.C,S, ~ 8127 $ Amount of Judgment $ 2.814.64 Judgment Cosls $ 101.78 Inlerest on Judgmenl $ .00 Attorney Fees $ .00 Total $ 2.916.42 Posl Judgmenl Credils $ Posl Judgmenl Costs $ ------------ ------------ Certified Judgment Total $ Damages will be assessed on; This case dismissed without prejudice. o Portion of Judgment for physical damages arising out of residenlial lease $ ANY PARTY HAS THE RIGHT 10 APPEAL WITHIN 30 DAYS AFTEJl 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 JUDGMENTfTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL OISffilCT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PIj.EAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISffilCT JUDGE, UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENffiY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PA VS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~Date I C~hat this is a lrue a d C 2- bIt1 a e Magisterial Dislricl Judge e p oceedings containing lhe judgment. , Magisterial District Judge My commission expires firsl Monday of January, 2010 . SEAL AOPC 315.05 DATE PIlZIITBD: 2/02/06 1:48:12 PH ~ ~ ..... ~, ~ l\- l~ " \J --J ~ ~ ~ '" " "t '\3 ~ ~ ~ '" ~ ~ 'b'" \. ~ ~ . \". ~\~ ~ 0 g ~ ~ s: -;. :::::I -n -oc:;:' :po rl'ie ~g\ ;..< :B~ X,, -;:; go ~~L. -:1:-("; r;;:"- ..." <::26 ?,;c, -;:s. 2.j'f\ ,,___~( I ,." S 7% g ~ ,~~ ,I;;;> ~ .',. ,-", " /" ..# " Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PAl 7112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYL VANIA Vs NO. 06-2911 Michael Agar 45 Winchester Gardens Carlisle, P A 17013 Defendant CIVIL ACTION - LA W 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, Michael Agar and the Defendant's employer, MSA Solutions, 1401 S. 52nd Street, Tempe, AZ 85281, 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 February 2, 2006 in the amount of$2,814.64, Docket Number CV-0000683-05. Post judgment costs increased this amount to $2,916.42, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on May 19,2006, under Docket Number 06-2911 Civil Term. 4. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV -0000683-05. No response was received from defendant. 5. The Defendant is currently employed at MSA Solutions, 1401 S. 52nd Street, Tempe, AZ 85281. 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 rule to show cause against both the Defendant, Michael Agar and his current employer, MSA Solutions, 1401 S. 52nd Street, Tempe, AZ 85281. Respectfully Submitted: Date: , .. ~ - fJh ;:&;17 - /Pietro Leone Attorney, PA 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 Ru1e 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: Michael Agar 45 Winchester Gardens Carlisle, P A 17013 Date: , .. J/" O(P Pietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, P A 17112 717-657-5729 - SOMMONWEAL TH OF PENNSYLVANIA COUNTY OF: CUMBERLAND [)b- .~ .".. ~..., ;-: ;;"... .;.,'..... ,.,.r-', "!':'.':c;,-....., ~.....~:-..,~~-."... ~.. "1". ,..~:~.I.....' . - .~~ .. ,1 - ~A NOTICE OF JUDGMENTrrRANSCRIPT ~ CIVIL CASE PLAINTIFF: NAME and ADDRESS 09-3-04 ~ENT CREEK LIMITED PARTNERSHIP I MDJName Hon. 5351 JAYCEE AVENUE THOMAS A. PLACEY HARRISBURG, PA 17112 -~, 104 S SPORTIlfG BILLRD L .. ." .iJ ' HEClIANlCSBURG, PA: ..';." , """ . .... ".' '~" ,(VS, ','. ' ,"",,' ,; :;:,; J:;;:V:. .', ',. ; '; />.J;,,/ ',;}. ;. , ,;'.. . .... " ; bE;,ENDA~!'.,,,,, <..,; ': ' ",~, ..;~,~,;<. >~ 'F:;"::::. I,,; Tetep.hiJrie' (717,), ,,761'-'8230" '.::::' ;',.;.1:7J)50' ,'. '".' ,1'" ":.. EiGAR';"/MrqRABL "\:;' '",'<~''' ;:;~',:..j.:'. ".;, ''', ,;.: :::\::'i,;:~:::' ,-;,r, ::,' -,'t. "'''','' ';- " ,", ,', , . ",.c,:" , " "', '" ",' .... , .'" " ,,'; """. ,,,',>~,,,.",' . '" " .' I i 4SWIHCHES,TE~ GARDENS..... " ,~~, :" ,: :.i."":,_~, ,~:.. '. 1":,:~ ~':,CA1U.I'SLE;i".PAh'i70ij"'" "'.,.;::; "'\"':':,"::};',;':':r:?:-:..,;, ,.'. BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L ~J Mag, Dist NO., Docket No.: CV-0000683-05 Date Filed: 12/28/05 (Name) ;;'':.:0- <)[~,-; Q}(." DEFAUI.T JUnGMRN"T' PLTF ~~:1 ~~: 'RRlirT' C"'RRRr T.T'MT'l"Rn pa'R~'R~~:p -..':"~. ,- j;,~c ....".. -"" :Z:> -< -I :t:--. ftl~ -orn ?J~ .-.....,; ~i; .;:.!..;-r; '::; (-~; Om ~ -< THIS IS TO NOTIFY YOU THAT: Judgment: fiJ fiJ ".".-.. Judgment was entered for: \.U -0 Judgment was entered against: (Name) ...... Aaa'R, MT~'R'aRT. o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date of Judgment) ~ w in the amount of $ 2.Qlfi 42 on: Cl 2/02/0fi . . (Date & Time) O Amount of Judgment SUbject to Attachment/42 Pa.C.S. ~ 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2,814.64 Judgment Costs $ 101.78 Interest on Judgment $ .00 Attorney Fees $ .00 Totar $ 2,916.42 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ My commission expires first Monday of January, 2010 SEAL ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DA YS AFTE.R 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 JUDGMENTfTRANSCRIPT 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 MA Y BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MA Y 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. ~ Date I certify that this is a true a ~~\ bb ate Magisterial District Judge , Magisterial District Judge AOPC 315-05 DATE PRINTED: 2/02/06 1:48:12 PM - ~~ --i :r: rl"l ......,) \.0 ,r;""" ... , ~-~C)-ob~ :; Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, P A 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs NO. 06-2911 Michael Agar 45 Winchester Gardens Carlisle, P A 17013 Defendant CIVIL ACTION - LA W RULE TO SHOW CAUSE AND NOW, this ~Jto.. day Of~ 2006, upon consideration of the 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, Michael Agar, and his current employer, MSA Solutions, 1401 S. 52nd Street, Tempe, AZ 85281, to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within ~ 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, MSA Solutions, 1401 S. 52nd Street, Tempe, AZ 85281. lP <\,0 :\,(j o I I . ('J . .u , '. Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, P A 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs NO. 06-2911 Michael Agar 45 Winchester Gardens Carlisle, P A 17013 Defendant 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 June 26, 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 July 5, 2006, this Honorable Court issued a Rule to Show Cause with a return within 20 days of service. 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, MSA Solutions, 1401 S. 52nd Street, Tempe, AZ 85281, as well as all current or subsequent employers. Pietro Leone, Attorney Triple Crown Corporation, Inc. Page 1 of2 Plaintiff's Motion to Make Rule Absolute . .. Respectfully Submitted: Date: 1/Jr--f)~ &nfitroi:-- PA Bar #85127 5351 Jaycee Avenue Harrisburg, PAl 7112 (717) 657-5729 Pietro Leone, Attorney Triple Crown Corporation, Inc. Page 2 of2 Plaintiff's Motion to Make Rule Absolute . .. 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 ofPa. R.C.P. 440: Service by certified mail, addressed as follows: Michael Agar 45 Winchester Gardens Carlisle, P A 17013 MSA Solutions 1401 S. 52nd Street Tempe,~ 85281 Respectfully Submitted, Date: 7- J Y-- Db a 2;t J----- By: Pietro Leone, Attorney, PA Bar #85127 5351 Jaycee Avenue, Harrisburg, P A 17112 717-657-5729 Pietro Leone, Attorney Triple Crown Corporation, Inc. Page 1 of1 Certificate of Service ... .. ::::! ~-- .. r'..~ --.3 t,,^, f',_ ~1 r< .. " Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff JUl 2 820067 IN THE COURT OF COMMON PLEAS I~ CUMBERLAND, COUNTY, PENNSYLVANIA r Vs NO. 06-2911 Michael Agar 45 Winchester Gardens Carlisle, PA 17013 Defendant CIVIL ACTION - LAW ATTACHMENT ORDER AND NOW, this ,r day Of~, 2006, upon consideration of the foregoing Petition for A Ru1e to Show Why An Order Granting Wage Attachment Shou1d Not Issue, no response being filed by the Defendant, Michael Agar. The Defendant's employer is, MSA Solutions, 1401 S. 52nd Street, Tempe, AZ 85281. It is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, MSA Solutions, 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 $2,916.42. 3. The Defendant's current employer, MSA Solutions, 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. Pietro Leone, Attorney Triple Crown Corporation, Inc, Page 1 of1 Attachment Order 70 :;1 !1} t