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Home My WebLink About04-5232COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Disl. No.. 09-3-04 Dd Naino Hon. THOMAS A. PLACSY Adtlre55 104 S'. SPORTING HILL MSCHANICSBi7RG, PA RD. TelepM1One: (7171 761-8230 1750 BENT CREEK APARTMENTS 5351 JAYCEE AVENUE HARRISBURG, PA 17112 THIS IS TO NOTIFY YOU THAT: Judgment: X1.0 . D `i • 5 X31 ~,~ Q `f~a--.. NOTICE OF JUDGMENTlTRANSCRIPI P~AINTIEF. CIVIL CASE NAME and ADDRESS rBSNT CRESR APARTMENTS T 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L VS. DEFENDANT: NAME and ADDRESS ~RAHOONEI, PSTSR ~ 86-205 MOSHA STREET WAIANAE, HI 96792 L J Docket No.: CV- 0000450 - 04 Date Filed: 8/05/04 DEFAULT JLJDf.MRT~7T PLTF - Judgment was entered for: (Name) RRNT (:RRRR APARTMRNTR Judgment was entered against: (Name) RAHOntaRt, PRTRR in the amount of $ 3 , ] Rn - 4 5 on Defendants are jointly and severally liable. ^ Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to ^ Attachment142 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) (Date & Time) 9/]F/04 Amount of Judgment $ 3, 099.95 Judgment Costs $ 81.00 Interest on Judgment $ • 00 Attorney Fees $ . 00 Total $ 3,180.95 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY NAS THE RIGHT TO. APPEAL W1THtN~9 DAYS AFTER-THE ENTRY.OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYlCLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTlTRANSCRIPT 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 BV THE DISTRICT JUSTICE . UNLESS THE JUDGMENT IS ENTERED IN THE CDURT 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~(C,OMPLIES WITH THE JUDGMENT. ~~ ~""1 Date ~ ,'District Justice I certify t at this is a true a~rPr.} ~cFy ui I,ie re •ord of the pl ~to~s containing the judgment. ~•~ ~ ~' Date - ,District Justice My commission expires first Monday of January, 2010 . SEAL AOPC 315-c3 DATE PRINTED: 9/17/04 2:21:23 PM ~~ ~~ ~ 1 ~ ~ w W 6 ///~ Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Peter Kahoonei 86-205 Moeha Street Waianae, HI 96792 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 04-5232 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, Peter Kahoonei and the Defendant's employer, Thrifty Auto Carriers, 45- 238 Kokokahi Place, Kaneohe, HI 96744, 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 September 16, 2004 in the amount of $3,099.95, Docket Number CV-0000450-04. Post judgment costs increased this amount to $3,180.95, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on October 19, 2004, under Docket Number 04-5232 Civil Term. 4. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV-0000450-04. No response was received from defendant. 5. The Defendant is currently employed at Thrifty Auto Carriers, 45-238 Kokokahi Place, Kaneohe, HI 96744. 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, Peter Kahoonei and his current employer, Thrifty Auto Carriers, 45-238 Kokokahi Place, Kaneohe, HI 96744. Respectfully Submitted: Date: - ~ 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 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: Peter Kahoonei 86-205 Moeha Street Waianae, HI 96792 Date: 5 ~ ~ ~" Q Respectfully Submitted, By: Pietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 ~~~~xrte~# C~.ex#t#~.c~xt.e Common Pleas of Cumberland Y ~~~ ~~~ County, Carlisle, Pennsylvania ~iGQiL .r3~~-~' ~~GcJG~ t1~rn-Z.~..f' _ ~ ~~--C~.. ~ ~ 9 a rrn y Judgment entered for $ 3 !~ ~'a,9's~ Dated--~yC1-= fvy Time /.~~Sq. M. Payable Tax and entry paid bye ~,y~„ $ ~ci. asp ~~.. Prothonotary -- COMMONWEALTH OF PENNSYLVANIA C'.(ll INTY (~F• CUMBERLAND Mag. Dist. No.: 09-3-04 DJ Name. Hon. THOMAS A. PLACEY Add`e5s: 104 S. SPORTING HILL RD. MECHANICSBDRG, PA Telephone: (717) 761-8230 17050 BENT CREEK APARTMENTS 5351 JAYCEE AVENUE HARRISBURG, PA 17112 THIS IS TO NOTIFY YOU THAT: - - - - = -- Judgment,- -. - .- a Judgment was entered for Judgment was entered against NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS BENT CREEK APARTMENTS ~ 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L J VS. DEFENDANT: NAME and ADDRESS ~KAHOONEI, PETER ~ 86-205 MOEHA STREET WAIANAE, HI 96792 L J .Docket No.: CV- 0000450 - 04 Date Filed: 8/05/04 4' in the amount of $ 3, 1 AO _ g5 on: (Date of Judgment) g';~~~q _, 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 $ Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 3 , 099.95 Judgment Costs $ 81.00' Interest on Judgment $ . 00 Attorney Fees $ . 00 Total $ 3,180.95 Post Judgment Credits $ Post Judgment Costs $-----__---_ Certified Judgment Total $ ANY PARTY HAS THE RIGHT,TQ APPEAL WIT:HIN~O DAYS AFTER:THE ENTRY__OF JIJDGMEN.T BY FILING ANOTICE = 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. f ~ J,//// / J / / G~ `Z `"! Date ,District Justice I certify t at this is a true a corre ere or o e p gs containing the judgment. 4~~ Date ,District Justice My commission expires first Monday of January, 2410. SEAL AOPC 315-03 DATE PRINTED : 9 / 17 / 04 2:21:2 3 PM C7 ^' ri c~ -n G !~~ . ~- s;: ~''~ C7 - _ `?" < ~~ Cx? -~,! v `" BENT CREEK LIMITED PARTNERSHIP CUMBEROLAND COOUNTYMPENNSYLVANIA 5351 JAYCEE AVENUE HARRISBURG, PA 17112 PLAINTIFF V. PETER KAHOONEI 86-205 MOEHA STREET WAIANAE, HI 96792 ~; 04-5232 CIVIL DEFENDANT ORDER OF COURT AND NOW, this 19th of May, 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 that: (1) A rule is issued upon the defendant, and his current employer, Thrifty Auto Carriers, 45-238 Kokokahi Place, Kaneohe, HI 96744, to show cause why the plaintiff is not entitled to the relief requested; (2) Any answer to the petition shall be filed on or before June 9, 2006; (3) A copy of said answer will be filed with this Court; (4) The petition shall be decided under Pa.R.C.P. No. 206.7; (5) Notice of entry of this order shall be provided to all parties and to the current employer of the defendant, Thrifty Auto Carriers, 45-238 Kokokahi Place, Kaneohe, HI, 96744, by the Petitioner; (6) If no answer to the Rule to Show cause is filed by the required date, the relief requested by the Plaintiff shall be granted. By the Court, M. L. Ebert, Jr., J. ~, f f~;4'~",f ~ ~ t ,:~~,~5~=,r ':.d ~t i~ ~~ '~ ~~t G~G~ ~ ~~ O~~Z .w~..:i,.. r.~,j7 '~ Pietro Leone, Esquire Attorney for Plaintiff bas Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Peter Kahoonei 86-205 Moeha Street Waianae, HI 96792 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 04-5232 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 May 17, 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 May 19, 2006, this Honorable Court issued a Rule to Show Cause with a return on or before June 9, 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, Thrifty Auto Carriers, 45-238 Kokokahi Place, Kaneohe, HI 96744, as well as all current or subsequent employers. Respectfully Submitted: Date: (p' ~C~ '' C,~D ~~ 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: Peter Kahoonei 86-205 Moeha Street Waianae, HI 96792 Trifty Auto Carriers 45-238 Kokokahi Place Kaneohe, HI 96744 Date: 1~ 'p~i4 '" Q Respectfully Submitted, y: Pietro Leone, Attorney, PA Bar #85127 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 ( .i __ `~ _ i__. .. > -.-n ,~i •_-~ ;- -1l j llf _ 7 ~__; '~ 7 :.~~; k ~-- . ti Bent Creek Limited Partnership 5351 Jaycee Avenue PENNSYLVANIA Han•isburg, PA 17112 Plaintiff Vs Peter Kahoonei 86-205 Moeha Street Waianae, HI 96792 Defendant IN THE COURT OF C M~I~V1°P~,EA~1~ V G CUMBERLAND, COiJ~. --- NO. 04-5232 CIVIL ACTION -LAW ATTACHMENT ORDER AND NOW, this ~ ~ day of 7~ ~y , 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, Peter Kahoonei. The Defendant's employer is Thrifty Auto Carriers, 45-238 Kokokahi Place, Kaneohe, HI 96744. It is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Thrifty Auto Carriers, and all subsequent employers of the Defendant aze 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 mazked satisfied. 2. The amount of the judgment is $3,180.95. 3. The Defendant's current employer, Thrifty Auto Carriers, and all subsequent employers of the Defendant aze hereby ORDERED to send checks, for each pay period of the Defendant, in the amount specified in pazagraph 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~' V~~~ A 1 i ~~J a, J1;':~4 } , ~ , . ' ak ti. r, Thrifty ~ BANK OF HAWAII ~ O ~ $ 1 ~t~ HONOLULU, HI 96820 CQtCI@I'S 59.102/1213 45-238 KOKOKANI PIACE 4/2/2007 KANEOHE. HAWAII 96744 PHONE (808) 842-7680 ORDER OFE TRIPLE CROWN CORPORATION $ '`*566.48 Five Hundred Sixty-Six and 48/100«*,~***,~,t««*,~«***«****.***,~~******,~„«*.«*x***********~~********.,*„*.,*,~*********„~#*,~# DOLLARS ~ o~;ue~ d~~, TRIPLE CROWN CORPORATION AGENT FOR BENT CREEK LIMITED PARTNERSHI OFFICE OF THE PROTHONOTARY ONE COURTHOUSE SQUARE CARLISLE, PA 17013 04-5232 . ~,, . f ~`'''... .. ~ tiv .- i 11'0 LO 58 L11' ~: 1 2 L 30 LO 2B~: 00 L8~~~0 260 2 311' THRIFTY AUTO CARRIERS TRIPLE CROWN CORPORATION Garnishment 4/2/2007 ~. Q 5 $ ~ 566.48 PJK INVESTMENTS I 04-5232 566.48 Thrifty Auta ~!rriers April 2, 2007 Triple Crown Corporation Agent for Bent Creek Limited Partnership Office o f the Prothonotary One Courthouse Square Carlisle, PA 17013 To whom it may concern: Per court order dated ,July 5, 2006, 109K of Peter Kahoonei's wage has been deducted toward the payment of an amount owed to Bent Creek Limited Partnership, the amount owed being $3,180.95. Please accept the enclosed check # 10581, dared 4/2/2007, as the final check rendering Peter Kahoonei's debt paid in full. Also, please note that the enclosed check is an amount over the f<nal amount due by 598.22, which amount will need to be refunded directly to Peter Kahoonei by Triple Crown Corporation. For future reference, and for the sake of the refund amount due him, Peter Kahoonei's most recent and current address is: Peter Kahoonei 84-718 Ala Mahiku Dr. #92B Makaha, HI 96792 If there are any questions, please call me at 808-842-7680. Regards, TH~ RIFTY~A,U~1TD CARRIERS Wendy Kirley Corporate Assistant Encl. Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff : Vs NO. 04-5232 Peter Kahoonei 84-718 Ala Mahiku Drive #92B CIVIL ACTION -LAW Makaha, HI 96792 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 `~ _ / 7 _ o, Date Pietro Leone, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 r~.a Q `~, i°, y. ~ ~., ~_~ -~ -n t... N ~ ~~ w _ 7 ~~ r ~"~. C~ "(3 Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Peter Kahoonei 84-718 Ala Mahiku Drive #92B Makaha, HI 96792 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 04-5232 CIVIL ACTION -LAW Praecipe to Satisfy Judgment 1. Judgment is paid in full. 2. Please satisfy this judgment. To: Court of Common Pleas Prothonotary y--r~- ~7 Date Pietro Leone, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 O rt?s° ~ ~r ~ ~~ s _ .. .~ c.r~