Loading...
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 I ~ VS. DEFENDANT: fEIGNOR, CARLA 1157 MC BEE ROAD BELLBROOK, OB 45305 L NAME and ADDRESS I ~ ~.- ~ 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 ~Q~.~ , 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 ~(d -J V ~ ~ C> c::>0 ....f-~ UJ -- ~ , cp D ~ - ~ ~ C) c .".,.. -0 -p~ llJ r:" ,,::; ':';'l ;;:.::!'" ~3)~.: ~C~ J-:c C_,'-'- ..<;.::' ' .J-~C: ~ r--.) = = J::'* :z: o <: t .s::- :l> ::!: ~ N -.J o -1'1 ~." "1- -0 F;; ?6 4,- ::I:-ri 0-- -::>,,0 --rn S :t',. ~ ~~ ~ \ 0, ~ U\, ~ .~ ~ 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. , .~ 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., ~ Mark X: DiSlm 0 ttomey, P A B 51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 C': C -, '-- - -'<. ! r-::', "-c' (-) ';;"n ji-; . "' -- ( 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. .~ <<~y \&~ \0 /') ~~/() " 0\' / By lb, Court, ~ ~ { ~)~\ / ~ 'V " ',-1 :2 U J SZ i'\';T ;JLOZ . 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 f- ~ ;-'i c..:. < - -- ~ 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 ''l ~~ 3-(P.-ofp ~ .~~ J#<; 'i1 " 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 -7 '1 .j .' c/ - Date f\t- v;; << Pietro Leone, A Bar #85127 5351 Jaycee Avenue Harrisburg, P A 17112 717-657-5729 C) ~;l ..'..-p C,) Ci ;~~.J C0 ~~ - ~-----------