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Home My WebLink About05-2010 ~ COMMONWEALTH OF PENNSYl,VANIA COUNTY OF: CUMBBRLAND Mag. Dis\_No 09-1-01 MDJ Name: HOD CHARLBS A. CLBMBJIlT , Jll. Address: 400 BJl.:IDGB ST OLDE TOWHB COMMONS -SU:ITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 CT RBBAB:IL:ITALT:ION LP 5351 JAYCBB AVE HARRZSBURG, PA 17112 THIS IS TO NOTIFY YOU THAT: Judgment: [i] Judgment was entered for: (Name) [i] Judgment was entered against: (Name) in the amount of $ 1,4'70 00 on: o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. O Amount of Judgment Subject to Attachment/42 Pa.C.S. 9 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ os - ;010 c;o~ ~'8l..Y>\ NOTICE OF JUDGMENT RANSCRCPT CIVIL CASE PLAINTIFF: NAME and A DRESS IcT REHAll:IL:ITALT:ION LP -, 5351 JAYCEE AVE HARR:ISBURG, PA 17112 L ~ VS. DEFENDANT: NAME and AD AESS 'BRADLBY, :IR:IS 399 ~aunnS COVE RD ASHEV:ILLE, NC 28805 L Docket No.: CV-0000001-05 Date Filed: 12/27/04 -, _I (Date of Judgment) " (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 1 399.00 $ 71.00 $ .00 $ 00 $ 470.00 Post Judgment Credits $ Post Judgment Costs $ -------- -- -------- Certified Judgment Total $ _ ANY PARTY HAS THE RIGHT T~ APPEA~ 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 JUDGMENTlfRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF T JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, AL~,FURT1*R'!,ROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY,T,HE ~A<>:I$TER1AL DIS ICT JUDGE - UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTEI?-li!l THE JlJ,QGMENT AY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THli oWDGMENT oE'BTbR PAYS N FULL, SETILES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ' , , ,. _.~ " ~- MAR - 7 2005 D (\ I Il ate ~ R~E4~1i~ true a APR 1 1 200~ate Ois*J~tfmJi.J~l,s first Monday of January, 2008 . , Ma~isteriaj,Pistrict Judge reedings containing'the 'judgment. , Magisterial District Judge AOPC 315-05 DATI!: PRZl!lTBD: 3/09/05 SEAL 3:30:05 PM " -:-1 C70 ~\\:- - r ; \lJ <'" ~ (" \-l '\ .(Q -- ~ ~ \b~ 3r (-D ~ ~;\j? ~;.~. (/:; r~;': (') ~;; ~ 'fA :00 ?'J "etC.' 5~~~ ~1 -<. - UJ ~ 't,-r, ,..?: -0 f'C~ -nO i?\<:;! ;11:~ ;~, ~ ::::" ::;l: - - <..n ..a \ -- ----------- , v. In the Court of Common Pleas Cumberland County, Pennsylvania Docket No.: OS. .26/0 &;;d ?;;... Writ No.: Amount Due: Principal: Interest to Clerk's Cost: Sheriffs Cost: Total (as of $ $ 1,470.00 $ $ $ $ CT Rehabilitation LP 5351 Jaycee Avenue Harrisburg, P A 17112 PIaintiffs Iris Bradley 399 Chunns Cove Road Asheville, NC 28805 Defendant ) 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, Iris BradIey and the Defendant's employer, Cogburn, Goosmann, Brazil & Rose,77 Central Avenue, Suite H, Asheville, NC 28801, in support thereof avers as follows: 1. This matter arises out of a dispute eoncerning a residential lease. 2. Judgment was entered against the Defendant by District Justice Charles A. Clement Jr., Magisterial District 09-1-01 on March 7, 2005 in the amount of$I,399.00, Docket Number CV-0000001-05. Post judgment costs increased this amount to $1,470.00, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on April 19, 2005, under Docket Number 05-02010. 4. The Defendant is currently employed at Cogburn, Goosmann, Brazil & Rose, 77 Central Avenue, Suite H, Asheville, NC 28801. 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 Plaintiffrequests that this Court issue an order attaching the wages ofthe Defendant to satisfy the judgment, as permitted by 42 Pa. C.S.A. Section 8127. 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, Iris Bradley and her current employer, Cogburn, Goosmann, Brazil & Rose, 77 Central Avenue, Suite H, Asheville, NC 28801. Respectfully Submitted: Date: ~~.;t)-v~ ~h Mark X. D:iSanto, Attorney, P A Bar #51090 5351 Jaycee Avenue Harrisburg. P A 17112 (717)657-5729 , 0 ...., r- = 0 ,^. '''' tJ, " )",;, V> -.... ["Tl ::t:.,., " nlf':::: c..) -(""!J'T": Cl ~;)',:] , .~ , (.1 "'" ..-,- ~i':: C' {i - >, - r:':5 ,n -=< ~:;:,j W ~.5 ...., -< !y n-CElI'~J <' ih... I J.:. .......~ ",) "Orn. v '" I. UJ If' In the Court of Common Pleas Cumberland County, Pennsylvania 65 ;<O/() 0 v;j v. Docket No.: Writ No.: Amount Due: PrincipaI: Interest to Clerk's Cost: Sheriff's Cost: Total (as of $ $1,470.00 $ $ $ ) $ CT Rehabilitation LP 5351 Jaycee Avenue Harrisburg, P A 17112 Plaintiffs Iris BradIey 399 Chunns Cove Road Asheville, NC 28805 Defendant RULE TO SHOW CAUSE - 'Zo<u AND NOW, this ~ day of (;J r -L 2.004, 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, Iris Bradley, and her current employer, Cogburn, Goosman, Brazil & Rose, 77 Central Avenue, Suite H, Asheville, NC 28801, to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within 2-1) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7. notice of the entry of this order shall be provided to all parties and to the current employer of the Defendant, Cogburn, Goosman, Brazil & Rose, 77 Central Avenue, Suite H, Asheville, NC 28801. I ;1 :01 !pj Z I J.:10 SOOZ In the Court of Common Pleas Cumberland County, Pennsylvania CT Rehabilitation LP 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiffs Docket No.: Writ No.: Amount Due: PrincipaI: Interest to Clerk's Cost: SheriWs Cost: TotaI (as of v. Iris Bradley 399 Chunns Cove Road Asheville, NC 28805 Defendant 05-2010 Civil Term $ $ 1,470.00 $ $ $ ) $ 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 Ru/(~ Absolute, and in support of same avers as follows: 1. On September 27,2005, Plaintiff, CT Rehabilitation LP, filed a Petition for A Rule to Show Cause Why an Order Granting Wage Attachment Should Not Issue. 2. On October 9,2005, this Honorable Court issued a Rule to Show Cause with a return oftwenty (20) days. 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, Cogburn, Goosman, Brazil & Rose, 77 Central Avenue, Suite H, Asheville, NC 28801, as well as all current or subsequent employers. Respectfully Submitted: Date: 1_ q -Urn ~j~k ~jJ^ Mark X. DJ'San 0, ttorney PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 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: Sheriff's Cost: Total (as of v. Iris BradIey 399 Chunns Cove Road Asheville, NC 28805 Defendant 05-2010 Civil Term $ $ 1,470.00 $ $ $ ) $ 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 Rul~~ Absolute, and in support of same avers as follows: 1. On September 27, 2005, Plaintiff, CT Rehabilitation LP, filed a Petition for A Rule to Show Cause Why an Order Granting Wage Attachment Should Not Issue. 2. On October 9,2005, this Honorable Court issUi~d a Rule to Show Cause with a return of twenty (20) days. 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, Cogburn, Goosman, Brazil & Rose, 77 Central Avenue, Suite H, Asheville, NC 28801, as well as all current or subsequent employers. Respectfully Submitted: Date: /~4-0(o ~lk Mark X. DiiSant ,Attorney PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 In the Court of Common Pleas Cumberland County, Pennsylvania CT Rehabilitation 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. Iris Bradley 399 Chunns Cove Road Asheville, NC 28805 Defendant 05-2010 Civil Term $ $ 1,470.00 $ $ $ ) $ 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 Rult: Absolute, and in support of same avers as follows: 1. On September 27, 2005, Plaintiff, CT Rehabilitation LP, filed a Petition for A Rule to Show Cause Why an Order Granting Wage Attachment Should Not Issue. 2. On October 9,2005, this Honorable Court issued a Rule to Show Cause with a return of twenty (20) days. 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, Cogburn, Goosman, Brazil & Rose, 77 Central Avenue, Suite H, Asheville, NC 28801, as well as all current or subsequent employers. Respectfully Submitted: Date: 1- q ~f' ( Q ~~~J~ Mark X. DiSanto, Attorney PA Bar #51090 5351 Jaycee Avenue Harrisburg, PAl 7112 (717) 657-5729 In the Court of Common Pleas Cumberland County, Pennsylvania CT REHABILITATION LP 5351 JA YCEE AVENUE HARRISBURG, PA 17112 Plaintiffs Docket No.: Writ No.: Amount Due: Principal: Interest to CIerk's Cost: SheriWs Cost: Total (as of V. Iris Bradley 399 Chunns Cove Road Asheville, NC 28805 Defendant CERTIFICATE OF SERVICE 05-2010 Civil Term $ $ 1,470.00 $ $ $ ) $ I hereby certify that I am this day serving Plaintiffs Motion to Make RuIe Absolute upon the person and in the marmer indicated below, which service satisfies the requirement ofPa. R.C.P. 440: Service by certified mail, addressed as follows: Iris Bradley 399 Chunns Cove Road Asheville, NC 28805 Cogburn, Goosman, Brazil & Rose. 77 Central Avenue, Suite H Asheville, NC 28801 Respectfully Submitted, , ' , . I " .c .;' I / /' / ';:'/(' ,/ ,.1,,/) .,-, , ';.. L," f t.. :..... ,~y./ "t,,, Mark DiSanto, Attofney '- PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 Date: "_ fi- v( By: ^ () ':--- (') ~'h ~- ("';',;" "'''-1 c> ------------------ , . In the Court of Common Pleas Cumberland County, Pennsylvania CT Rehabilitation LP 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiffs Docket No.: Writ No.: Amount Due: Principal: Interest to Clerk's Cost: Sheriffs Cost: Total (as of v. Iris Bradley 399 Chunns Cove Road Asheville, NC 28805 Defendant y JAN 1 2 :006( 05-2010 Civil Term $ $1,470.00 $ $ $ ) $ ATTACHMENT ORDER 2.D06 AND NOW, this ~ day of ~ V'7. ' ~, 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, Iris Bradley, and the Defendant's employer, Cogburn, Goosman, Brazil & Rose, 77 Central Avenue, Suite H, AshevilIe, NC 28801, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Cogburn, Goosman, Brazil & Rose, and all subsequent employers of the 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, Cogburn, Goosman, Brazil & Rose, 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 TripIe Crown Corporation agent for Bent Creek Limited Partnership to the Office of the Prothonotary who will then record the amount paid in the docket ofthis matter and then forward the checks to Triple Crown Corporation, 5351 Jaycee Avenue, Harrisburg, PA 17112. )I~ So Ordered, By the Court '\' / -\ 0' _ U1-,~ ell LS '8 r:',1 1.1 i!~r lJ! J\d