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Home My WebLink About05-1764 RENEE L. JOHNSON, PLAINTIFF V. DERREK Q. PHILLIPS 1 7 East Street Mount Holly Springs, P A 17065, DEFENDANT c> :IN THE COURT OF COMMON PLEAS OF :cv",~j) COUNTY, PENNSYLVANIA :NO. () )--=- /7 (" f ~~~ :Support Docket: 223 5 94 :PACSES Case Number: 913000042 :SUPPORT Praecipe for Judgment TO: CURT LONG, PROTHONOTARY: Kindly enter judgment in favor of RENEE L. JOHNSON, Plaintiff and against DERREK Q. PHILLIPS, Defendant in the amount of $ 25,556.53. Certification of Arrears is attached hereto and incorporated by reference herein. DM'+ f/ O~ ..~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 MARCH 31, 2005 Plaintiff Name: RENEE L. JOHNSON Defendant Name: DERREK Q. PHILLIPS Docket Number: 223 S 94 PACSES Case Number: 913000042 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Certification of Arrearal!e I, FRANK B. MARCH 31, 2005 GOSHORN , hereby certify that arrearages on the above case as of total $ 25,556.53 3h/~5 , Date . Signature ~J~d;~~ ~ ce-""':YOcmml8lllon~ -.. lli~"~~ 1R JeAN"- 200S . - State Form # Service Type M Form EN -003 Worker ID 21004 ~ 0 c:__'-. (2) \\ ~ -' -- ~ ~. ~ ~ ~ ~ '" ~ 1./\ ~, - V' ~ -.l.\ ,..\ U \\ rc7) Q C-':.) .. .::f' --..~ "S;"" ..., :.-0 \-,'1 ::'0 \ .~ -C\ -- .' ~ f"O -- RENEE L. JOHNSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v No. 05-1764 CIVIL TERM Support Docket: 223 S 94 PACSES Case Number: 913000042 DERRICK Q. PHILLIPS, Defendant CIVIL ACTION-LAW IN SUPPORT PETITION TO OPEN JUDGMENT Defendant, Derrick Q. Phillips, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: 1. A Judgment in the amount of $25,556.53 was entered in favor of Plaintiff against Defendant in the above matter on April 4, 2005 by virtue of a praecipe filed by Plaintiff's counsel, a copy of which is attached hereto and marked Exhibit" A". 2. The amount of this Judgment is purportedly in the nature of support arrearages owing by Defendant to Plaintiff. 3. The arrearages in question were generated during a time when Defendant was out of work and unable to work because of physical disabilities. 4. Defendant understood that the Domestic Relations Office had given him a credit on Court arrearages based upon his disabilities and inability to work. 5. Based upon comments made by the Judge at Defendant's last Court appearance on the support issue, Defendant understood that his arrearages would be significantly reduced in light of the fact that the arrearages were accrued during a time when Defendant was not employed and was unable to work and, correspondingly, a Support Order would have been significantly reduced or eliminated. 6. Defendant was severely injured in a truck accident on August 27, 2004 in the course of his employment. After the accident, he spent two weeks in a hospital and two weeks in rehab and was treated with rehabilitation subsequent to that time. Defendant remained out of work as result of these injuries from August 27, 2001 through November 2004 and received no work related compensation during that time frame. 7. At a Court appearance before Judge Kevin A. Hess in November 2004, the Defendant understood that a large portion of his prior arrearages would be eliminated because of his lengthy period of disability. 8. Defendant has been working since late 2004 and has planned to continue to make timely support payments in accordance with the existing Support Order. 9. Defendant will file the appropriate Petition with the Cumberland County Domestic Relations Office in order to have the arrearage amount adjusted. 10. Defendant has averred a Meritorious Defense to the Judgment entered in this case. 11. Defendant has reasonable cause for failure to take action resulting in the Judgment in that Defendant thought this issue was addressed at the November 2004 Court hearing. 12. Defendant has promptly filed this Petition and has not unduly burdened the Plaintiff nor is the Plaintiff prejudiced in any manner from asserting her claim as a result of Defendant's actions. WHEREFORE, Defendant, Derrick Q. Phillips, requests your Honorable Court to open the Judgment entered against Defendant in this matter and give Defendant an opportunity to defend the claim for child support arrearages in this case. Respectfully, Hubert X. Gilroy, Es uire Broujos & Gilroy, .C. Attorney for Defendant I, Hubert X. Gilroy, hereby swear and affirm that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. This verification is based upon information provided to me by Derrick Q. Phillips. Mr. Phillips is currently out of the Commonwealth of Pennsylvania. He is a truck driver and is currently in Florida and unable to personally sign this verification. <t-;)J-: crr- Date ;/)j Hubert X. Gilr Broujos & . roy, P.c. Attorney r Defendant 4-2C-C~; O:S3AM;G ANT MV"rG RENEE L. JOHNSON, PLAINTIFF v. DERREK Q. PHILLIPS 17 East Street Mount Holly Springs, P A 17065, DEFE1'\DANT :IN THE COURT OF COMMON PLEAS OF CU1t1~COUNTY, PENNSYLVANIA . , ;NO.~j~ n0'f n ~~ :Support Docket: 223 S 94 :PACSES Case Number: 913000042 :SUPPORT Praecipe for Judgment TO: CURT LONG , PROTHONOTARY: C) ~ ~ ';.~~ ~" ~':':\ ~, ?;'1.?2 ::;u -(." \ ~_i:"~~ .s::" ~':).C) :::.:!."-'l ...." '""C, G~ r~,'. ~ __ ':::'t.' ;:) -~2: - ~?;iJ-\ '~', ,.' 'oJ,. ,"'-,'::'-, r;'___' 3;_~-~, :S;-c "2~ -<. Kindly enter judgment in favor of RENEE L. JOHNSON, Plaintiff and against DERREK Q. PHILLIPS, Defendant in the amount of $ 25,556.53. Certification of Arrears is attached hereto and incorporated by reference herein. ""'4+ ~ ~ :0 " 3 EXHIBIT /) - ,,"~:':'__~':,~. 10: ,;?LJvl '':::,1,/',1','"'' Iv1V-"Ci " In the Court of Common Pleas of County, Pennsylvania CUMBERLAND DOMESllC RELATIONS SECTION I3 N. H.>.NOVER ST, P.O. BOX 320, CARLISLE, PA.17013 Phone: (717) 2AO-6225 Fax: (717) 24().6248 MARCH 31, 2005 Plaintiff Name: RENEl! L. JOHNSON Defendant Name: DERRBK Q. PHILLIPS Docket Number: 223 S 94 PACSES Case Number: 913000042 Other Slale ID Number: Please Dote: All C4)n't8p(tOdence must lDclud~ the PACSES Case Number. Certification of Arrearaee I, FRANK B. GOSHORN , hereby certify that arrearages on the above case as of MARCH 31, 2005 total $ 25,556.53 3hltr Date' ~cJf~N-1- ~Count',.Oo"TlnIlalaO~ ~"')"'''T..taJMMM'~ . .- State Form # Service Type M Form E~-OO3 Worker 10 21004 . ", ,'\ ..-:> (''') "_"' ">n , >J"\ .-~ ,,' ~, '-- " " c,) ~<" v - --- --- RiENEE L. JOHNSON, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - SUPPORT NO. 05-1764 CIVIL SUPPORT DOCKET 223 SUPPORT 94 PACSES NO. 913000042 DERRICK Q. PHILLIPS, Defendant/Petitioner IN RE: PETITION TO OPEN JUDGMENT ORDER AND NOW, this z.?' day of April, 2005, upon consideration ofthe foregoing ~etition, it is hereby ordered that: 1. A rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested. 2. The respondent shall file an answer to the petition within twenty (20) days of service pf this order. 3. The petition shall be decided under Pa.R.C.P. 206.7. 4. Depositions will be completed within sixty (60) days of this date. 5. Argument will be held on July 27,2005, at 9:00 a.m. in Courtroom Number 4. 6. Pending further action on this petition to open judgment, all proceedings relating to the judgment in this case are STAYED. 7. Notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, Cb'cfJ ~,'}: o I h.2 U' _ -, ~ r,d LZ IJd\l ~GGl At1110iiOHlOUd 3Hl :10 "',\!.lJ;,-(\~ll' ::k.I....,,'...... ~"j :J. - JQseph A. Curcillo, Esquire Flar the Plaintiff/Respondent ijubert X. Gilroy, Esquire Bor the Defendant/Petitioner :tlm RENEE L. JOHNSON, PLAINTIFF :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 05-1764 CIVIL : Support Docket: 223 Support 94 DERREK Q. PHILLIPS 17 East Street Mount Holly Springs, P A 17065, DEFENDANT :P ACSES Case Nwnber: 913000042 :CIVIL ACTION .. SUPPORT PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the above judgment satisfied. Date:T ~ 2&-, ZOOe:; . RENEE L. JOHNSON, PLAINTIFF :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 05-1764 CIVIL :Support Docket: 223 Support 94 DERREK Q. PHILLIPS 17 East Street Mount Holly Springs, P A 17065, DEFENDANT :PACSES Case Number: 913000042 :CIVIL ACTION - SUPPORT CERTIFICATE OF SERVICE AND NOW, this 26th day of July, 2005, I, Joseph A. Curdllo, ill, hereby certify that I have served the foregoing Praecipe to Satisfy Judgment by mailing a true and correct copy by United States first class mail, postage prepaid, addressed as follows: Hubert X. Gilroy, Esquire 4 North Hanover Street Carlisle, PA 17013 Respectfully submitted, BEIN~ " // ~-=-- . -" C) (:, ,-, 1:'.-., ~ c_ c:: r- <'-', -.". 9n -' .,~-\> r0?"" '-'11-=\ .,:\C.. -\~~/ ,~~~~ l~~ o -