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HomeMy WebLinkAbout07-0561COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND I Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rBENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L VS. NAME and ADDRESS CALVIN ROAD DEFENDANT: 17050 rDUTTON, III, 3448 TRINDLE APT. A BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF (Date of Judgment) 12/21/06 ® Judgment was entered for: (Name) BENT CREEK LIMITED PARTNERSHIP ® Judgment was entered against: (Name) DUTTON, III, CALVIN in the amount of $ 1,346.40- Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time ? 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 $ 1,245.90 Judgment Costs $ 100.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,346.40 Post Judgment Credits $ Post Judgment Costs $ Certifie'd 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 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 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. M-1 1 Jb6 Date rial District Judge I certify that this is a true a c e record o s containing the judgment. ?2 21 Date A , Magisterial District Judge I t!?y - I My commission expires first Monday of January, 2010 LCAMP HILL, PA 17011 Docket No.: CV-0000687-06 Date Filed: 11115106 ?I SEAL J 7 J AOPC 315-06 DATE PRINTED: 12/21/06 11:24:00 AM W C 4 ril t?D Q Cn Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Calvin Dutton III 3448 Trindle Road, Apt A. Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-561 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, Calvin Dutton III and the Defendant's employer, Bobby Rahal Honda, 6696 Carlisle Pike, Mechanicsburg, PA 17050, 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 21, 2006 in the amount of $1,245.90, Docket Number CV-0000687-06. Post judgment costs increased this amount to $1,346.40, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on January 29, 2007, under Docket Number 07-561 Civil Term. 4. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV-0000687-06. No response was received from defendant. 5. The Defendant is currently employed at Bobby Rahal Honda, 6696 Carlisle Pike, Mechanicsburg, PA 17050. 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, Calvin Dutton III and his current employer, Bobby Rahal Honda, 6696 Carlisle Pike, Mechanicsburg, PA 17050. Date: Respectfully Submitted: Pietro Leone Attorney, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CUMBERLAND 07 - S&I ? CIVIL ? IA S E MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBDRG, PA Telephone: (717) 761-8230 17050 BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF ® Judgment was entered for: (Name) PLAINTIFF: NAME and ADDRESS FBEN CREEK LIMITED PARTNERSHIP ? 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L DEFENDANT: FDUTTON, III, 3448 TRINDLE APT. A Vim, NAME anc ADDRESS CA.LViN ROAD LCAMP HILL, PA 17011 Docket No.: CV-0000687-06 Date Filed: 11/15/06 E (Date of Judgment) 12/21/06 BENT CREEK LIMITED PARTNERSHIP Judgment was entered against: (Name) DUTTON, III, CALVIN in the amount of $ 1,346.40 1 Defendants are jointly and severally liable. F1 Damages will be assessed on Date & Time 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 Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs $ 1,245.90 $ 100.50 ' $ .00 $ .001 $ 1,346.40 s 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 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 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. r _7 77177 1(24'n?e 2? Date Magisterial Distrtl Judge I certify that this is a true 31C t e recor o e s containing the judgment. =< Ii `Lt Date Magisterial District Judge My commission expires first Monday of January, `O1? SEAL AOPC 315-06 BATE PRINTED: 12/21/06 11:24:00 AM J 71 J 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: Calvin Dutton III 3448 Trindle Road, Apt A Camp Hill, PA 17011 Date: ,Y I - P RSubmitted, By: Pietro Leone, Atto ey PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 r Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 07-561 Calvin Dutton III 3448 Trindle Road, Apt A. CIVIL ACTION - LAW Camp Hill, PA 17011 Defendant AMENDEMENT TO PETITION FOR A RULE TO SHOW CAUSE WHY AN ORDER GRANTING WAGE ATTACHMENT SHOULD NOT ISSUE Please add the following motions: 1. There has been no prior judge involvement, except for Ruling by District Justice Placey (see attached). 2. Concurrence of opposing counsel was sought but was not obtained due to the Defendant's lack of appearance at the December 21, 2006 hearing. Respectfully Submitted: Date: .? / ',(m 6 7 / C) Pietro 2LIeone Attorney, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 BENT CREEK LIMITED PARTNERSHIP, ; Plaintiff V. CALVIN DUTTON, III Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-561 CIVIL TERM ORDER OF COURT AND NOW, this II"' day of May, 2007, upon consideration of the Plaintiff's Petition for a Rule To Show Cause Why an Order Granting Wage Attachment Should Not Issue, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 7 days of service. Pietro Leone, Esq. 5351 Jaycee Avenue Harrisburg, PA 17112 Attorney for Plaintiff alvin Dutton, III 3448 Trindle Road, Apt. A Camp Hill, PA 17011 Defendant, pro se :CC BY THE COURT, ?j 9 a -8 WN ? I A V14 L 0 0 Z !J1 Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Calvin Dutton III 3448 Trindle Road, Apt A. Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-561 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 April 18, 2007, 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 May 11, 2007, this Honorable Court issued a Rule to Show Cause with a return of seven (7) days. 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, Bobby Rahal Honda, 6696 Carlisle Pike, Mechanicsburg, PA 17050, as well as all current or subsequent employers. Respectfully Submitted: Date: l . ?/• ?DO 7 ietro 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: Calvin Dutton, III 3448 Trindle Road, Apt A Camp Hill, PA 17011 Bobby Rahal Honda 6696 Carlisle Pike Mechanicsburg, PA 17050 Date: G - y- a?©O 7 Respectfully Submitted, y: Pietro Leone, Attorney, PA Bar #85127 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 J C .. ?. F5 Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Calvin Dutton III 3448 Trindle Road, Apt A. Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-561 CIVIL ACTION - LAW AMENDEMENT TO MOTION TO MAKE RULE ABSOLUTE Please add the following motions: 1. There has been no prior judge involvement, except for Ruling by District Justice Placey. 2. Concurrence of opposing counsel was sought but was not obtained due to the Defendant's lack of appearance at the December 21, 2006 hearing. Respectfully Submitted: Date: to ' 1 7 ietro Leone A orney, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 Q ? Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Calvin Dutton III 3448 Trindle Road, Apt A. Camp Hill, PA 17011 Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA : NO. 07-561 : CIVIL ACTION - LAW AMENDEMENT TO MOTION TO MAKE RULE ABSOLUTE Please add the following motions: There has been prior judge involvement, a Civil Ruling by District Justice Thomas A. Placey, docket number CV-0000687-06 and an Order for a Rule to Show Cause by Judge J. Wesley Oler, Jr., docket number 07-561 Civil Term. 2. Concurrence of opposing counsel was sought but was not obtained due to the Defendant's lack of appearance at the December 21, 2006 hearing for the Civil Judgment CV-0000687-06. Concurrence was also not obtained on the filing of the Rule to Show Cause Order number 07-561 Civil Term. Respectfully Submitted: 4 Date: " o)T?D d Pietro Leone Attorney, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 C } co - JUN 0 7 2007 Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 07-561 Calvin Dutton III 3448 Trindle Road, Apt A. CIVIL ACTION - LAW Camp Hill, PA 17011 Defendant ATTACHMENT ORDER AND NOW, this - q [t day of S ?, J-, , 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, Calvin Dutton III, and the Defendant's employer, Bobby Rahal Honda, 6696 Carlisle Pike, Mechanicsburg, PA 17050, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Bobby Rahal Honda, 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 $1,346.40. 3. The Defendant's current employer, Bobby Rahal Honda, 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. So Ordered, By the Court j O? :Z pd 01 7N LCOZ Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Calvin Dutton III 3448 Trindle Road, Apt A. Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-561 CIVIL ACTION - LAW 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 to- U-) Date Mark X. DiSanto, PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 L -TI Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Calvin Dutton III 3448 Trindle Road, Apt A. Camp Hill, PA 17011 Defendant 1. Judgment is paid in full. 2. Please satisfy this judgment. To: Court of Common Pleas Prothonotary Va-3•D-) Date IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-561 CIVIL ACTION - LAW Praecine to Satisfy Judgment Mark X. DiSanto,-TA ] 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 #51090 c? i- v-, `-J .? -n ,_- -? -- c. ,, ?.a