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HomeMy WebLinkAbout04-5870 09-3-04 11.c. DV-5f/?o.~ ~ NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CA9E PLAINTIFF: NA~ and ADDRESS fBENT GREEK LIMITED PARTNERSHIP I 5351 JrAYCEE AVENUE . HARRISBURG, PA 17112 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag 0151 No OJ Name Hon ~ THOMAS A. PLACEY Address 104 S'~ SPORTING HILL RD. MECHANICSBURG, PA L -.J VS. ;-' ( Telephone (717) 761- 8230 17050 DEFENDANT: NAME and ADDRESS fGIFT, JUSTIN 135 HE:RMAN AVENUE LEMOYNE, PA 17043 L Docket No.: CV-0000545-04 Date Filed: 8/30/04 "I BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 -.J TH1S IS TO NOTIFY YOU THAT: ~. . Ji..tagment: ~ ., --.-- .. . - '....."DEFAULrr"J'DDmn!:NT'-PLTF--~ -~-''''- '" -- -~--- .../, 00 00 Judgment was entered for: (Name) RF.N'I' r.RRRlf T.TJlfTTRn P~R'l'I\TRR~HTP Judgment was entered against: (Name) GTFT, JUSTIN in the amount of $ ~, 01:\7 60 on: (Date of Judgment) 10/14/04 .. .. ,~ t i' o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) D Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2.956.60 Judgment Costs $ 101.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3.057.60 Post Judgment Credit$ $ Post Judgment Costs '- $ . ------------ .- ------------ Certified Judgment rotal $ .. ~i ,i, ~ 1,( i1 ,; i't It' :~ . ~ J~: ANY PARTY HAS :rHE RI91-!T TQ~,.e.e~~.~.~,~R~,X.~AU~1JJ:I.&J.t-I.~~.'Y qF "'YPGME':lT BY FILING A N()~ICE 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. ~.~ ,". " ~ Date I certify that this is a true a 12\ '\4 ~ 04- , District Justice ;- ~ ceedings containing the judgment. , District Justice My commission expires first Monday of January, 2010 SEAL AOPC 315-03 DATE PRINTED: 10/14/04 10:05:12 AM ~ ?i ~ - ~ ~ " ~ ~ r r ~ t ... ""'" ~ ~ "\ f r ~ r C) ~ Srl ~ c c:::. ...c: .r::- :?: :r: ~::n "'OUr Q A mrn ~.Fn Z::.t< '< zr' '" fg6 (j') > N () ~Ci -J"'T"' ~ a:n t ~c: ~(") .>0 N om c: 15 ~ .. C,.) Q') =< ~ In the Court of Common Pleas Cumberland County, Pennsylvania Bent Creek Limited Partnership 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. Justin Gift 135 Herman Avenue Lemoyne, PA 17043 Defendant 04-5870 civil term $ $ 3,057.60 $ $ $ ) $ 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, Justin Gift and the Defendant's employer, Amazon.com, P.O. Box 81226, Seattle, W A 98108, 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 October 14, 2004 in the amount of $2,956.60, Docket Number CY-0000545-04. Post judgment costs increased this amount to $3,057.60, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on November 22,2004, under Docket Number 04-5870 civil term. 4. The Defendant is currently employed at Amazon.com, P.O. Box 81226, Seattle, WA 98108 5. 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. 6. 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. I 7. Copies of the District Justice Judgment and the proposed attachment order are attached hereto. WHEREFORE, the Plaintiff hereby requests that the Honorable Court issue the proposed rule to show cause against both the Defendant, Justin Gift and his current employer, Amazon.com, P.O. Box 81226, Seattle, WA 98108. Respectfully Submitted: Date: ..{4 C) /!: -- . Pietro Leone, Attorney, PA Bar #85127 5351 Jaycee Avenue Harrisburg, P A 17112 (717)657-5729 o c--: ,. c:: :! c) -.: "'J (-':.::> c::~~ {,~""\ ....., [:7 ~" I W ~,.., :J< - ,.. , In the Court of Common Pleas Cumberland County, Pennsylvania Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, P A 17112 Plaintiffs Docket No.: Writ No.: Amount Due: Principal: Interest to Clerk's Cost: Sheriff's Cost: Total (as of v. Justin Gift 135 Herman Avenue Lemoyne, P A 17043 Defendant RULE TO SHOW CAUSE ) ct 04-5870 civil term $ $ 3,057.60 $ $ $ ) $ AND NOW, this t''^ day of r t.\\\,,)\}.<l'~_ 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: 1. a rule is issued upon the Defendant, Justin Gift, and his current employer, Amazon.com, P.O. Box 81226, Seattle, WA 98108, to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within ). () 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, Amazon.com, P.O. Box 81226, Seattle, WA 98108. By the Court: ~-l c/- <;-0& ~A /}1,~4L fiB ~\ \/ , 0 -~/',,!nJ II :11 H';J 0, _ q I Our, "7 .J ~..,.J j Uv "Hi :D :<~~U)(}-njlH .. Bent Creek Limited Partnership 5351 Jaycee Avenue PENNSYLVANIA Harrisburg, PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, Vs NO. U-(- -S~ 70 Justin Gift 135 Herman Avenue Lemoyne, PA 17043 Defendant CIVIL ACTION - LAW PLAINTIFF'S MOTION TO SUSPEND WAGE A TT ACHMENT AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 206.7, Plaintiff, Bent Creek Limited Partnership, hereby files this Motion to Wage Attachment, and in support of same avers as follows: 1. Rule to Show Cause was granted against Defendant on February 8, 2006. 2. Plaintiff received notice that Defendant filed for bankruptcy on January 17,2006 (exhibit A). WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant that the Rule to Show Cause against the Defendant, be suspended pending outcome of bankruptcy proceedings. Date: ,;< - If5" ~ Of; ;?;lU;3 d Pietro Leone, Attorney PABar#85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 ~ DF UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA See Reverse Side For 1m ortant Ex lanations. Debtor(s) (name(s) used by the deblor(s) in the last 8 years, including married, maiden, and trade): Juslin A Gift 135 Hennan Ave; Lemo ne, PA 17043 Papers must be received by the bankruptcy clerk's office by tht: following deadlines: Deadline to File a Proof of Claim PROOF OF ClAIM FORM IS INCLUDED. All credito... who Ole proof of claim MUST serve a true copy of said claim upon the Chapter 13 Case Trustee. For all ~reditors (except a governmental unit): 617/06 Fur a governmental onit; 180 DAYS .'ROM ORDER GRANTING RELlE.' Deadline to Object to Exemptions: Tbirty (30) days after the conclusion of the meeting of creditors, Deadline to file a Complaint to Detennine Dischargeability of Certain Debts: 5/8106 Filing of Proposed Plan, Objections to the Plan: A copy of the proposed plan (or summary) is included. Any objections tiled to the plan that are not settled prior to the confirmation hearing will be heard at the confinnation hearing. If no objections are filed. the court may enter an order continuing the plan. You will receive se rate notice or the contlrmation bearln and deadline tor ob ections to confirmation of the Ian. .11l_!lI~I~!I!!I_W" '~6"_.M' 'iiIMJIli_i!!k'!!li!lr.lllr.rW_MII.#:m"@Y!!lli"II"""""iIII!!I%lli'" __mr~fi~Jfu.~lj~ Ab~t ..-~:~: ,I, t.iIt( _': ':;ifImi\~:mrlli~~MtrBL/lt;11ilt&E!I\~u],I~~i11iH1@~i In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property, and certain cooebtoTS. Under cenain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankmptcy Code, you may be penalized. Consult a lawyer to detennine your rights in this case. Address of the Bankruptcy Clerk', orne...: U.s, Bankruptcy Court Ronald Reagan Federal Building PO Box 908 Harrisburg. P A 17108 Tete hone number: 717 901 2800 Hoors 0 n: Monda Frida 8:00 AM 5:00 PM Clerk of the Bankruptcy Court: Arlene Byers Date: 2/6/06 Ot6533 . (": , , ~-q :'_-.1 :"',) c ( , .. LITTLER MENDELSON, P.C. BY: FRANK J. CONLEY, ESQUIRE Identification No. 86587 1601 Cherry Street - 14th Floor Philadelphia, PA 19102 (267) 402-3000 Attorney for Amazon.com BENT CREEK LIMITED PARTNERSHIP, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, NO. 04-5870 v. JUSTIN GIFT, Defendant. ANSWER TO RULE TO SHOW CAUSE On February 8, 2006, the Court issued a Rule to Show Cause regarding Bent Creek Limited Partnership's Petition for a Wage Attachment ofJustin Gift. In response, Amazon.com, incorrectly identified as Mr. Gift's current employer, states: 1. Amazon.com is without knowledge or information regarding Justin Gift's residential lease. 2. This paragraph contains conclusions oflaw to which the Pennsylvania Rules of Civil Procedure require no response. To the extent a response is required, the allegations in this paragraph are denied. 3. Admitted. 4. Denied. Mr. Gift was never an Amazon.com employee. Mr. Gift worked for a temporary staffing company called Integrity Staffing. Between September 30, 2005 and October 3,2005, Mr. Gift worked as a temporary employee at Amazon.com's Lewisberry facility. ..1,.....,".....,.. ,'"",. , \ Between October 3, 2005 and November 21, 2005, Mr. Gift worked in Amazon.com's Carlisle facility. Mr. Gift's assignment at Amazon.com ended on November 21, 2005. 5. This paragraph contains c<;>nc1usions oflaw to which the Pennsylvania Rules of Civil Procedure require no response. To the extent a response is required, the allegations in this paragraph are denied. 6. It is admitted that Plaintiff purports to proceed as stated therein. 7. Denied. Amazon.com did not receive a copy of the District Justice Judgment or the Proposed Attachment Order in this matter. WHEREFORE, Amazon.com respectfully requests that this Court deny Plaintiffs request for a wage attachment against Justin Gift insofar as any such order affects Amazon.com. Fr . Conley, Esquire Attorney J.D. NQ. 865 LITTLER MENDEL Three Parkway Suite 1400 1601 Cherry Street Philadelphia, PA 19102 (267) 402-3000 Date: February 24, 2006 2 . . CERTIFICATE OF SERVICE I certify that a true and correct copy ofthe foregoing Answer to Rule to Show Cause was caused to be served via United States first class mail, postage prepaid, upon the following: Pietro Leone, Esquire 5351 Jaycee Avenue Harrisburg,PA 17112 /L /~ <::. , .. . ..,. t t ~..' .,~, ..... " . Date: February 24, 2006 1~ II'.' f ., , ", ': 11' 3 <-" . r~~. ell/ED ~lrr "t,.,,: j~ !,:,,:,,\,~i l_Uf....~, ,J l' . Bent Creek Limited Partnership 5351 Jaycee Avenue PENNSYLVANIA Harrisburg, PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, Vs NO. 04-5870 Justin Gift 135 Herman Avenue Lemoyne, PA 17043 Defendant CIVIL ACTION - LAW ORDER -\" AND NOW, this 1. ~ day of f (,. '-o.\)~'1 ,2006, upon consideration ofthe foregoing Motion to Suspend Wage Attachment, it is hereby ORDERED AND DECREED the wage attachment shall be suspended pending outcome of bankruptcy proceedings. So Ordered, By the Court ( -l.. r co ('"l " ( ~ ; , >:. <~ ~ t ~ 'I-' t ~\ . <;; n ( co , ~ .f 7-' ex- , Q \;' iJ.~j :':: :.:';J 82 ,:c!