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Home My WebLink About04-3799COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dlsl. No.: 09-3-04 DJ Name. Hon. THOMAS A. PLACEY Address. 104 S. SPORTING HILL RD. MECH,*NICSBURG, PA Telephone. (717) 761-8230 17050 BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 THIS IS TO NOTIFY YOU THAT: Judgment: , 04.374> %a, NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS _ rBENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L J VS. DEFENDANT: NAME and ADDRESS rSTERLAZZA, BARBARA A 311 COLORADO PLACE FORT MYERS, FL 33905 L J DocketNo.: CV-0000283-04 Date Filed: 5/13/04 DEFAULT JUDlSMRNT PLTF ?K Judgment was entered for: (Name) RRMT r..RRR1r T.TMTTRn PARTNF.RRHT FX] Judgment was entered against: (Name) STRRT.A7.7.A, RARTi A in the amount of $ 9,2q0_90 on: (Date of Judgment) 6/24/04 ? Defendants are jointly and severally liable. (Date & Time) ? Damages will be assessed on: ? This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ F, Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 6,177.00 Judgment Costs $ 113.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 6,290.50 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 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 DISTRICT JUSTICES, 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 67 -2AID4 Date , District Justice I certify that this is a true a corrart c.,Ny ui T record oft p oceedings containing the judgment. 6124 IK Date M , District Justice My commission expires first Monday of January, 2010 . SEAL AOPC 315-03 DATE PRINTED: 6/24/04 10:58:34 AM W ? N I Q w 0 r 0 C- ' . < N c C,'s 7 W 'Y3 N G.] p - ,t -G Q V.1 V Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Barbara Sferlazza 311 Colorado Place Fort Myers, FL 33905 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 04-3799 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, Barbara Sferlazza and the Defendant's employer, Suntrust Bank, 3315 Davis Boulevard, Naples, FL 34104, 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 June 24, 2004 in the amount of $6,177.00 , Docket Number CV-0000283-04. Post judgment costs increased this amount to $6,290.50, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on August 3, 2004, under Docket Number 04-3799 Civil Term. 4. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV-0000283-04. No response was received from defendant. 5. The Defendant is currently employed at Suntrust Bank, 3315 Davis Boulevard, Naples, FL 34104. 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, Barbara Sferlazza and his current employer, Suntrust Bank, 3315 Davis Boulevard, Naples, FL 34104. Respectfully Submitted: Date: - -)-?i AietroLeone ?ttorneyJABar485127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 I- ti 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: Barbara Sferlazza 311 Colorado Place Fort Myers, FL 33905 Respectfully Submitted, Date: ?' IQ d fP J y: Pietro Le'Jo-nle, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 } { [, ?1 Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff V. Barbara Sferlazza 311 Colorado Place Fort Myers, FL 33905 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-3799 CIVIL ORDER OF COURT AND NOW, this 15th 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 April 5, 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 17th 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. Tfl?e l t ire Pietro Leone, Esquire Attorney for Plaintiff J I-Bla- rbara Sferlazza Defendant YY " 1 _ bas O? I? By the CCoourt, 4 M. L. Ebert, Jr., . ihjr =rlwno 931 W8 91 8vw Sul -I ) alli JO 14 Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Barbara Sferlazza 311 Colorado Place Fort Myers, FL 33905 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 04-3799 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 March 10, 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 15, 2006, this Honorable Court issued a Rule to Show Cause with a return of twenty (20) 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, Suntrust Bank, 3315 Davis Boulevard, Naples, FL 34104, as well as all current or subsequent employers. Respectfully Submitted: Date: 5 ?? - D (o 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: Barbara Sferlazza 311 Colorado Place Fort Myers, FL 33905 Sunbank Trust Attn: Payroll Department 3315 Davis Boulevard Naples, FL 34104 Submitted, Date: 15'' ) 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 Barbara Sferlazza 311 Colorado Place Fort Myers, FL 33905 Defendant AND NOW, this IN THE COURT OF COMMOI PLYA 0 4 CUMBERLAND, COUNTY, IIpv. NO. 04-3799 CIVIL ACTION - LAW ATTACHMENT ORDER t4 `A day of M % J , 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, Barbara Sferlazza, and the Defendant's employer, Suntrust Bank, 3315 Davis Boulevard, Naples, FL 34104, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Suntrust Bank, 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 $6,290.50. 3. The Defendant's current employer, Suntrust Bank, 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 v 0 VNVAIASNN3d ,GNricr+ rr,,--u3evino S 1 -9 WV S- M 9001 aWIQN0i-iJ0W 3Hi a'0 301440-CM U I A liiolw SvNiTRUSr- Payroll Department SunTrust Bank 303 Peachtree Center Avenue Garden Offices, Suite 200 Atlanta, GA 30303 Tel 1.800.818.BENE, Option 1 Fax 404.658.4295 EMPLOYER ACKNOWLEDGEMENT OF WAGE WITHHOLDING SunTrust acknowledges receipt of the Order to Withhold from Earnings for the following individual: 04 - Z_l qq (Case#) z XXX-XX- Q -?-- (SS#) [ ] The above-name is no longer employed( by this company. Date of termination: ?n I I 1 On Last known address: C` aaa& 6CR_ GMs . Ft-- [ ] The above-name has never been employed with Sun Trust based on the name and/or SS# provided. ? D ignature/Title Date An (Name) 0 ., r it , ? r t y p ? + `- ?J Fyn