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HomeMy WebLinkAbout10-2491LOUIS J. CAPOZZI, JR., Plaintiff V. DARLA SHARP and RONALD SHARP, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: ?Q - a ?{q I? IV t ( 1?-r?'1 : Civil Action Law PRAECIPE FOR ENTRY OF MAGISTERIAL DISTRICT JUSTICE JUDGMENT TO: THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Pursuant to Pa. R.C.P. No. 227.4 and Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings before Magisterial District Justices No. 12-1-01, kindly enter Judgment in favor of Louis J. Capozzi, Jr., Plaintiff in the above-captioned action, and against Darla Sharp and Ronald Sharp, Defendants in the above-captioned action, in the amount of $8,157.50 in accordance with the attached District Justice Notice of Judgment/Transcript Civil Case, dated February 16, 2010, at Docket No. CV-0000471-09. A certified copy of the record of the District Justice proceedings containing the Judgment is attached hereto as Exhibit "A." More than thirty days have elapsed since the date of judgment and no appeal has:beeriTiled._ 77 I hereby certify that the last known address of the Defendants is: 14 Holly C©rt, TV Shippensburg, PA 17257. ?? Respectfully submitted,p CAPOZZI & ASSOCIATES, P.C. Dated: April 12, 2010 Michael M. Jerominski, Esquire Attorney I.D. No.: 92977 2933 N. Front Street Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff x&'1.0,6 PA A`I'h/ (50 at 1 S_"57 le4c240 49q k"Ohe6 Ka" ('OMMONWEALTH OF PENNSYLVANIA 10 rnl tntTV nC. COMBERTJUNM Mag. Dist. No.: 09-3-03 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FCAPOZZI R , J ., LOUIS J 2933 N FRONT ST HARRISBURG, PA 17110 L J VS. DEFENDANT: NAME and ADDRESS rSHARP, RONALD & DARLA, ET AL. 14 HOLLY COURT SHIPPENSBURG, PA 17257 L J Docket No.: CV-0000471-09 Date Filed: 11/19/09 MDJ Name: Hon. SUSAN R. DAY Address: 229 MILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (7 17 ) 4 8 6 - 7672 17065 LOUIS J. CAPOZZI, JR. 2933 N FRONT ST HARRISBURG, PA 17110 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 8.157.51 (Date of Judgment) 2/16/10 CAPOZZI, JR., LOUIS J SHARP, RONALD & DARLA 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 $ 8,000.0 Judgment Costs $ 157.5 Interest on Judgment $? Attorney Fees $? Total $ 8,157.5 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 8,157.50 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 JUDGMENT 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. My commission expires first Monday of January, DATE PRINTED: , Magisterial District Judge DY$ „ ?r?[ COMMONWEALTH OF PENNSYLVANIA .% `r`nl IK[TV ru• CUMBERLAND Mag. Dist. No.: 09-3-03 MDJ Name: Hon. SUSAN K. DAY Address: 229 MILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 REMITTER : CAPOZZI & ASSOCIATES, P.C. 2933 N FRONT ST HARRISBURG, PA 17110 RECEIPT OF PAYMENT PLAINTIFF: NAME and ADDRESS rCAPOZZI, JR., LOUIS J 2933 N FRONT ST HARRISBURG, PA 17110 L VS. DEFENDANT: NAME and ADDRESS I-SHARP, RONALD & DARLA, ET AL. 14 HOLLY COURT SHIPPENSBURG, PA 17257 7 J L J Docket No.: CV-0000471-09 Date Filed: 11/19/09 RECEIPT NO: 255367 DATE: 3/30/10 PAGE: 1 SOURCE: PAID BY MAIL AMOUNT RECEIVED: $ 4.00 METHOD: PAID BY CHECK AMOUNT APPLIED: $ 4.00 CHECK#: 21459 COLLATERAL APPLIED: $ .00 CHANGE: $ .00 MANUAL RECEIPT#: CITATION#: NEXT PAYMENT AMOUNT: COSTS INCLUDED ON: NEXT PAYMENT DATE: NEXT PMT TYPE: PAYMENT DESCRIPTION BALANCE FWD AMT APPLIED CURRENT BAL MAG DIST JUDGE TRANSCRPT 4.00 4.00- .00 -------------- -------------- -------------- -------------- -------------- -------------- TOTAL 4.00 4.00- .00 CURRENT BALANCE DUE .00 RECVD FROM CAPOZZI & ASSOCIATES, P.C. THANK YOU! LD DATE PRINTED: 3/30/10 12:27:21 PM AOPC 450-99 1 LOUIS J. CAPOZZI, JR., Plaintiff V. . DARLA SHARP and RONALD SHARP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: Civil Action Law CERTIFICATE OF SERVICE I, hereby certify that I have, this date, caused a true and correct copy of the foregoing Praecipe to be served by U.S.. Mail, first class, postage prepaid, addressed to the following individuals: Darla Sharp 14 Holly Court Shippensburg, PA 17257 Dated: April 12, 2010 Ronald Sharp 14 Holly Court Shippensburg, PA 17257 Michael M. Jerominski, Esquire Attorney I.D. No.: 92977 2933 N. Front Street Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ~ Chief Deputy Edward L Schorpp 210 ~.rg'~ _~ ~1~`l C; ~ Solicitor ~F~~eF:;4 °.:~ ..~F.,~~ ~.: ; ~'~~"~ i `~' ~ ti__1'~ LJC Properties, LLC Case Number vs. Darla Sharp 2010-2491 SHERIFF'S RETURN OF SERVICE 04/30/2010 11:12 AM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 30, 2010 at 1112 hours, he served a true copy of the within Notice of Intent to Attach Wages Salary or Commissions, upon the within named defendant, to wit: Darla Sharp, by making known unto Ron Sharp, Husband of defendant at 14 Holly Court, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. ~5'~ RONALD HOOVER, DEPUTY SHERIFF COST: $46.00 May 03, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF {c) CauifySuft~ Sheriff. Telecsoft. Inc. LOUIS J. CAPOZZI, JR. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL DIVISION DARLA SHARP, No. 10-2491 -Civil Term Employee TO: PIZZA HUT 819 E. HIGH STREET CARLISLE, PA 17013 RE: Residential Lease between Plaintiff and Defendant WRIT OF ATTACHMENT The above employer shall attach and deduct from the wages of the above employee a sum not to exceed ten (10%) of the net wages per pay period of said employee or a sum not to place employees net income below poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less. "Net wages" shall mean all wages paid, less only the following items: 1. Federal, State and Local income taxes; 2. F.I.C.A. payments and non-voluntary retirement payments; 3. Union dues; and, 4. Health insurance premiums The amount wages to be attached shall total $8,157.50 (plus costs) The employer shall send the attached wages to the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: LOUIS J. CAPOZZI, JR. within fifteen (15) days from the close of the last pay period in each month. The employer shall be entitled to deduct from the wages collected from the employee pursuant hereto the costs incurred from the extra bookkeeping necessary to implement the terms within the Writ of Attachment, not exceeding $5.00 of the amount of the wages so deducted. If you, the employer, are served with more than one Writ of Attachment for damages arising out of a residential lease against the same employee, then the wage attachments shall be satisfied in the order in which said Writs of Attachment were served. Each prior wage attachment shall be satisfied before any effect is given to a subsequent attachment. You shall not take any adverse action against the employee solely because his wages, salaries or commissions have been attached. Violations may result in (i) you being adjudged in contempt and committed to jail or fined by the court and (ii) an action against you by the employee for damages. Willful failure to comply with this Writ of Attachment may result in (i) you being adjudged in contempt of court and committed to jail or fined by the court; (ii) you being held liable for any amount not withheld, or withheld but not forwarded to the Prothonotary's office; and, (iii) attachment of your funds or property. This Writ of Attachment has been entered pursuant to 42 PA. C.S.A. 8127, as amended by House Bill 908, Act 5 of 1996, effective February 15, 1996. A copy of this Writ of Attachment has been sent by U.S. Mail, postage prepaid, to the employee's last known address at: Darla Sharp 14 Holly Court Shippensburg, PA 17257 Any questions should be dvected to the Plaintiff-Creditor: . Michael M. Jerominski, Esq., Capozzi & Associates; P.C.,s9~3 N~rtF~ Frnnt Street, Harrisburg, PA 17110 ~ ~ ~ _ Date: June 21, 2010 ,-- ~~~L.D~!./l :r awad•.D. 1:1"ue~l~`~i=ochonotary Costs: $99.75 By Dept: ~,, - ~~ L ~- h. You shall send the following notice to the Prothonotary if the defendant has never been or is on longer an employee on company letterhead: I have received a Writ of Attachment in the following case: Plaintiff No of Year The following person, Or is no longer and employee (~ v. Defendant has never been (^) Signature of Employer Print name of Employer Address Address Telephone # For Prothonotary use only Date: David D. Buell, Prothonotary (Seal of the Court) Deputy LOUIS J. CAPOZZI, JR., IN THE COURT OF COMMON A~F CUMBERLAND COUNTY, PE YI~A; ~`': Plaintiff Docket No.: 2010 - 2491 ~;~ _. V. CC' RONALD SHARP and 3 DARLA SHARP, ~ „~ .. Defendants Civil Action -Law PRAECIPE FOR WRIT OF ATTACHMENT OF WAGES To the Prothonotary: Kindly issue a Writ to Attach Wages in the above matter: (1) against Defendant Darla Sharp, 14 Holly Court, Shippensburg, PA 17257; and (2) against Pizza Hut, 819 E. High Street, Carlisle, PA 17013, Garnishee / Employer of the Defendant. The amount of judgment is $8,157.50. A security deposit in the amount of $-0- was being held by the judgment creditor- landlord. This security deposit has not been applied toward reimbursement for physical damage caused by the tenant and/or her family to the premises. The amount of $50.00 has been paid toward satisfaction of the judgment. Date: June 10, 2010 r ~.-7, ~~ calf B ~ ~ ~/ G o~ ~, .so P °~_ ~y CAPOZZI & ASSOCIATES, P.C. ~.~ Michael M. Jerominski, Esquire Attorney I.D. No.: 92977 Attorney for Judgment Creditor- Landlord 2933 North Front Street Harrisburg, PA 17110 Tel: (717) 233-4101