HomeMy WebLinkAbout04-5556
COMMONWEALTH OF PENNSYLVANIA DLf''J-S5~
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-1-01
DJ Name: Hon
CHARLES A. CLEMENT, JR.
Address' 400 SlUDGE STREET
OLDE TOWNE COMMONS -SUITE 3
NEW CUMBERLAND, PA
Telephone: (717 ) 774-5989 17070
CT REHABILIT:&lTION LP
5351 JAYCEE AlE
HARRISBURG, PA 17112
THIS IS TO NOTIFY YOU THAT:
. Judgment:
[iJ Judgment was entered for: (Name)
[iJ Judgment was entered against: (Name)
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
~T REHABILITAtTION LP
5351 JAYCEE A'vE
HARRISBURG, PA 17112
L
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VS.
DEFENDANT:
fEIGNOR, CARLA
1157 MC BEE ROAD
BELLBROOK, OB 45305
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NAME and ADDRESS
I
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Docket No,: CV- 0000315 - 04
Date Filed: 6/30/04
nRFAm.T JUTl~MRNT pT.TF
~'r llRRA.RTT.TT}lT.TTQN T.p
in the amount of $
RT~NnR, ~A.RT.A.
(Date of Judgment)
9/24/04
2,060_00 on:
D Defendants are jointly and severally liable.
D Damages will be assessed on:
D This case dismissed without prejudice,
D Amount of Judgment Subject to
Attachment/42 Pa.C.S. S 8127 $
D Portion of Judgment for physical
damages arising out of residential
lease $
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 1,989.00
$ 71.00
$ .00
$ .00
$ 2,060.00
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 JUDGMENTITRANSCRIPT 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.
SEP 2 4 200% Date
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, District Justice
I certify that this is a true an correct copy of th
1CT 262004 Date &t,
, District Justice
My commission expires first Monday of January, 2008 .
AOPC 315-03
DATE PRINTED:
10/26/04
SEAL
11:54:27 AM
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In the Court of Common Pleas
Cumberland County, Pennsylvania
CT Rehabiliation LP
5351 Jaycee Avenue
Harrisburg, PA 17112
Plaintiffs
Docket No.:
Writ No.:
Amount Due:
Principal:
Interest to
Clerk's Cost:
Sheriff's Cost:
Total (as of
v.
Carla Eignor
1157 McBee Road
Bellbrook, OH 45305
Defendant
04-5556 civil term
$
$ 2,060.00
$
$
$
) $
PETITION FOR A RULE TO SHOW CAUSE WHY AN ORDER
GRANTING WAGE ATTACHMENT SHOULD NOT ISSUE
AND NOW, comes the Plaintiff, CT Rehabilitation LP, 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, Carla Eignor and the Defendant's employer, Wives Turn Lawn
Care, 1157 McBee Road, Bellbrook, OH 45305, in support thereof avers as follows:
I. This matter arises out of a dispute concerning a residential lease,
2. Judgment was entered against the Defendant by District Justice Charles A, Clement
Jr., Magisterial District 09-1-01 on September 24,2004 in the amount of$I,989,OO,
Docket Number CV -0000315-04, Post judgment costs increased this amount to
$2,060,00, which is shown on the certified judgment.
3, The District Justice Judgment was filed with this Court on November 4, 2004, under
Docket Number 04-5556 Civil Term.
4, Reasonable attempt has been made to contact and make payment arrangement to
satisfy Judgment Docket Number CV -0000315-04, No response was received from
defendant.
5. The Defendant is currently employed at Wives Turn Lawn Care, 1157 McBee Road,
Bellbrook,OH 45305,
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.
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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, Carla Eignor and her current
employer, Wives Turn Lawn Care, 1157 McBee Road, Bellbrook, OH 45305.
Respectfully Submitted:
Date:
l- q- of.,
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Mark X: DiSlm 0 ttomey, P A B 51090
5351 Jaycee Avenue
Harrisburg, PA 17112
(717)657-5729
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In the Court of Common Pleas
Cumberland County, Pennsylvania
CT Rehabilitation LP
5351 Jaycee Avenue
Harrisburg, P A 17112
Plaintiffs
Docket No.:
Writ No.:
Amount Due:
Principal:
Interest to
Clerk's Cost:
Sherifrs Cost:
Total (as of
v.
Carla Eignor
1157 McBee Road
Bellbrook, OH 45305
Defendant
RULE TO SHOW CAUSE
JAN 1 2 Z006 VI
04-5556 Civil Term
$
$2,060.00
$
$
$
) $
AND NOW, this '1:) fO day of 1" """l>.t~ 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 and DECREED as follows:
I. a rule is issued upon the Defendant, Carla Eignor, and her current employer,
Wives Turn Lawn Care, 1157 McBee Road, Bellbrook, OH 45305, to show cause
why the petitioner is not entitled to the relief requested;
2, the respondent shall file an answer to the petition within ~ 0 days of service;
3, the petition shall be decided under Pa, R,C,P, No, 206,7,
4, notice of the entry of this order shall be provided to all parties and to the current
employer of the Defendant, Wives Turn Lawn Care, 1157 McBee Road,
Bellbrook,OH 45305.
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By lb, Court, ~
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CT Rehabilitation LP
5351 Jaycee Avenue
Harrisburg, PA 17112
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND, COUNTY, PENNSYLVANIA
Vs
NO,
04-5556
Carla Eigner
1157 McBee Road
Bellbrook, OH 45305
Defendant
CIVIL ACTION - LAW
PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE
AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 206,7, Plaintiff,
CT Rehabilitation LP, hereby files this Motion to make Rule Absolute, and in support of
same avers as follows:
1, On January 9, 2006, Plaintiff, CT Rehabilitation LP, filed a Motion for A Rule
to Show Cause Why an Order Granting Wage Attachment Should Not Issue,
2, On January 23, 2006, this Honorable Court issued a Rule to Show Cause with
a return of twenty (20) days,
3, Notice of the entry of the Order issuing a Rule to Show Cause Order was sent
to the Defendant on February 9, 2006,
4, The Defendant has not answered the Rule,
5, 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,
Wives Turn Lawn Care, 1157 McBee Road, Bellbrook, OH 45305, as well as all
current or subsequent employers,
Date:
Respectfully Submitted:
2_JL(- Vb
Pietro Leone, Attorn
PA Bar #85127
5351 Jaycee Avenue
Harrisburg, PA 17112
(717) 657-5729
~
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving Plaintiffs Motion to Make Rule Absolute upon the
person and in the manner indicated below, which service satisfies the requirement ofPa, R.C.P,
440: Service by first class mail, addressed as follows:
Carla Eignor
1157 McBee Road
Bellbrook, OH 45305
Wives Turn Lawn Care
1157 McBee Road
Bellbrook,OH 45305
Date:
.;2 - ;;2tf - ob
Submitted,
d2r~
Pietro Leone, Att6fhey
PA Bar #85127
5351 Jaycee Avenue
Harrisburg, PA 17112
717-657-5729
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CT Rehabilitation LP
5351 Jaycee Avenue
PENNSYLVANIA
Harrisburg, PA 17112
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND, COUNTY,
RECEIVED 'm n ? ?"nn
<( S
I .
Vs
NO,
04-5556
Carla Eigner
1157 McBee Road
Bellbrook, OH 45305
Defendant
CIVIL ACTION - LA W
ATTACHMENT ORDER
AND NOW, this (..~" day of M ll.d...\" , 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, Carla Eignor, and the Defendant's employer,
Wives Turn Lawn Care, 1157 McBee Road, Bellbrook, OH 45305, it is hereby ORDERED
AND DECREED as follows:
1, The Defendant's current employer, Wives Turn Lawn Care, and all subsequent
employers ofthe 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 Defendant's current employer, Wives Turn Lawn Care, 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 I above, and made
payable to Triple Crown Corporation agent for CT Rehabilitation LP 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
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Bent Creek Limited Partnership
5351 Jaycee Avenue
Harrisburg, PA 17112
Plaintiff
Vs
Carla Eignor
1157 McBee Road
Bellbrook, OH 45305
Defendant
I. Judgment is paid in full.
2, Please satisfy this judgment.
IN THE COURT OF COMMON PLEAS
CUMBERLAND, COUNTY, PENNSYLVANIA
NO, 04-5556
CIVIL ACTION - LAW
Praecipe to Enter Appearance for Plaintiff
To: Court of Common Pleas Prothonotary
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Date
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Pietro Leone, A Bar #85127
5351 Jaycee Avenue
Harrisburg, P A 17112
717-657-5729
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