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HomeMy WebLinkAbout06-5478COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Flo.. Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACBY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 PLAINTIFF: NAME and ADDRESS BBENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L -? VS. DEFENDANT: NAME and ADDRESS rJONES, CHARLES 460 A HEISEY ROAD MECHANICSBURG, PA 17055 BENT CREEK LIMITED PARTNERSHIP L J 100 GEORGETOWN ROAD Docket No.: Chi'-0000358-06 MECHANICSBURG, PA 17050 Date Filed: 6/23/06 THIS IS TO NOTIFY YOU THAT: -- Judgment.. DEFAULT JUDGMENT PLTF, (Date of Judgment) 8/17/06 ® Judgment was entered for: (Name) BENT CREEK LIMITED PARTNERSHIP ® Judgment was entered against: (Name) JONES, CHARLES in the amount of $ 742.5 1-1 Defendants are jointly and severally liable. Damages will be assessed on Date & Time El This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 El Portion of Judgment for physical damages arising out of residential lease correct copy of t$e Record of the ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE. JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON.PLEAS, ALL FURTHER PRQCE$S MUST ., COME FROM THE-COURT OF COMMON PLEAS AND Nb FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL" DISTRICTAUDGE. 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. D ?l UV Date I certify that this 1I l1 I CAI Date Amount of Judgment $ 642.00 Judgment Costs $ 100.50 Interest on Judgment $ Attorney Fees $ .00 Total $ 742.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Magisterial District Judge ntaining the judgment. , Magisterial District Judge My commission expires first Monday of January, 2010 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE SEAL AOPC 315-06 DATE PRINTED: 8/17/06 4:40:00 PM r, d Q ca 2 Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 06-5478 Charles Jones 460 A Heisey Road CIVIL ACTION - LAW Mechanicsburg, PA 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 relief in the instant Petition should not be granted upon the Defendant, Charles Jones and the Defendant's employer, General Dynamics Corp, 2044 India Road, Charlottesville, VA 22901, 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 August 17, 2006 in the amount of $642.00, Docket Number CV-0000358-06. Post judgment costs increased this amount to $742.50, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on September 19, 2006, under Docket Number 06-5478 Civil Term. 4. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV-0000358-06. No response was received from defendant. 5. The Defendant is currently employed at General Dynamics Corp, 2044 India Road, Charlottesville, VA 22901. 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, Charles Jones and his current employer, General Dynamics Corp, 2044 India Road, Charlottesville, VA 22901. Date: L?-3'd - 06 Respectfully Submitted: z 45?171 ietro Leone Attorney, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 EALTH OF PENNSYLVANIA QTY O: CUMBERLAND = Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA NOTICE OF JUDGMENT/TRANSCRIPT .?q7g &,:t CIVIL CASE PLAINTIFF: NAME and ADDRESS rBHHT CREEK LIMITED PARTNERSHIP 7 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L -? VS. Telephone: (717 ) 761-8230 17050 BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD. MECHANICSBURG, PA 17050 DEFENDANT: NAME and ADDRESS rJONEB, CHARLES 460 A HEISEY ROAD MECHANICSBURG, PA 17055 L J Docket No.: CV-0000358-06 Date Filed: 6/23/06 , s THIS IS TO NOTIFY YOU THAT: DEFAULT JUDGMENT PLTF (Date Of Judgment)„ 8/17/06 ` Judgment?._;- - -- ® Judgment was entered for: (Name) BENT CREEK LIMITED PARTNERSHIP Judgment was entered against: (Name) JONES, CHARLES in the amount of $ 742.5 0 Defendants are jointly and severally liable. ? Damages will be assessed on Date & Time F] 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 $ Amount of Judgment $ 642.00 Judgment Costs $ 100.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 742.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ J 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JU S, I E: i ALL FURTHER OC M6 4 F COMMON PLEAS T .. , O JUDGEMENT HOLDER ELECTS. TO ENTE.R.THE JUDGMENT IN THE COUR , . ' COME FROM THE-COURT-0F COMMON PLEAS AND-k16 FURTHER PROCESS-MAY-zBE ISSUED BY THE MAGI AL' I UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE ME MA F -- A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT £OR P A4S IN SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. N t.n 1 ID(O Date Magisterial District Judge I certify that this,' ee and( correct copy of t e cord of the proceed' containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-06 DATE PRINTED: 8/17/06 4:40:00 PM UDGE . • 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: Charles Jones 460 A Heisey Road Mechanicsburg, PA 17055 Date: Lo '? o , 0 Respectfully Submitted, y: Pietro Leone, Attey PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 Cx3 ? .m..... ?--? .`' `?3}5....? f : - -- ? ? ..,f, ?.?- ^'?} ._ ? ^???1 :??-h a-r - ?. ?7 .. .? _ --r. `? Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS OF 5351 Jaycee Avenue CUMBERLAND COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff V. Charles Jones, Defendant 06-5478 CIVIL ORDER OF COURT AND NOW, this 6th day of November, 2006, upon consideration of the Petition for a Rule to Show Cause why an Order Granting Wage Attachment Should Not Issue, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant and his current employer, General Dynamics Corp., to show cause why the relief requested should not be granted; 2. The Respondents will file an answer on or before November 27, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Respondents file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. 4. Notice of the entry of this Order shall be provided to all parties and to the current employer of the Defendant, General Dynamics Corp., 2044 India Road, Charlottesville, VA 22901. By the Court, pi4 M. L. Ebert, Jr., J. o% flx:? naz a ,8 Pietro Leone, Esquire Attorney for Plaintiff Charles Jones, Defendant 460 A Heisey Road Mechanicsburg, PA 17055 General Dynamics Corp. 2044 India Road Charlottesville, VA 22901 bas Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Charles Jones 460 A Heisey Road Mechanicsburg, PA 17055 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 06-5478 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 October 30, 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 November 6, 2006, this Honorable Court issued a Rule to Show Cause with a return on or before November 27, 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, General Dynamics Corp., 2044 India Road, Charlottesville, VA 22901, as well as all current or subsequent employers. Respectfully Submitted: Date : /01, ;Z?? 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: Charles Jones 460 A Heisey Road Mechanicsburg, PA 17055 General Dynamics Corp 2044 India Road Charlottesville, VA 22901 Respectfully Submitted, Date: ?.---- By: Pietro Leone, Attorney, PA Bar #85127 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 Bent Creek Limited Partnership 5351 Jaycee Avenue PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs Charles Jones 460 A Heisey Road Mechanicsburg, PA 17055 Defendant DEC S 6 2006 1? IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, NO. 06-5478 CIVIL ACTION - LAW ATTACHMENT ORDER AND NOW, this Zn? day of ?wy?nnrT_, 200, 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, Charles Jones, and the Defendant's employer, General Dynamics Corp, 2044 India Road, Charlottesville, VA 22901, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, General Dynamics Corp, 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 $742.50 The Defendant's current employer, General Dynamics Corp, 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. A,?O 0? So Ordered, By the Court CO : ty°y £~ fv,!T LOOZ A 0 ;+ .{ "HI Jr' C - +'6 Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff : Vs NO. 06-5478 Charles Jones 460 A Heisey Road CIVIL ACTION - LAW Mechanicsburg, PA 17055 Defendant Praecipe to Enter Appearance for Plaintiff 1. Kindly enter the appearance for Pietro Leone, Attorney, PA Bar #85127. To: Court of Common Pleas Prothonotary Id- 7 Date Pietro Leone, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 -71 r. Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Charles Jones 460 A Heisey Road Mechanicsburg, PA 17055 Defendant 1. Judgment is paid in full. 2. Please satisfy this judgment. To: Court of Common Pleas Prothonotary ? - 62 7 Date IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 06-5478 CIVIL ACTION - LAW Praecipe to Satisfy Judgment Pietro Leone, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 C„ -"' ?;` ? ? ? , '?'° ? ?, ? :? <? ' f , r '? ?` ?: j "+?3 ` r y' `' ?