The URL can be used to link to this page

Home My WebLink About05-4468 ~_.._-----_._--------_._------- --,---- COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBBRLAND 09-3-04 n,.Oj-.'1'1<.,S' CLUJ /L-. NOTICE OF JUDGMENTrrRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS linuIT CUBIt LIMITED PARTli1BRSBIP -, 5351 JAYCBB AVENUE HARRISBURG, PA 17112 L ~ VS. Mag. Dist. No MDJ Name: Hon TROMAS A. PLACBY Add,,,, 104 S SPORTING BILL RD MBCBARICSBURG, PA T,I'phon, (717) 761-8230 17050 DEFENDANT: NAME and ADDRESS 'KIMBALL, LORRIB L -, 6615 CARLISLB PIItB APT. 1 t!lBCBARICSBURG, PA 17050 ~ Docket No.: CV-0000276-05 .._/', Date Filed: 5/25/05 . , Of , , BERT CUBIt LIMITED PARTli1BRSBIP 5351 JAYCBB AVknu~ HARRISBURG, PA 17112 THIS IS TO NOTIFY YOU THAT: Judgment: [i] Judgment was entered for: (Name) [i] Judgment was entered against: (Name) DEJ!'Am.T J1JDClMInr'I' PLTP R'RJIrIt t"'DRR1r T.T'M'T'I'1rn DA'D'I''N''Il'DA'R'TD in the amount of $ Il'TM1UI.T.T.. T.01\nTTR T. 2 1..7 ..0 on: (Date of Judgment) 7/71/0" o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) o Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ Amount of Judgment $ 2.035.50 Judgment Costs $ 122.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2.157.50 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ o Portion of Judgment for physical damages arising out of residential lease $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 OA YS AFTER THE ENTRY OF JUOGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS. CIVIL DIVISION. YOU MUST INCLUOE A COpy OF THIS NOTICE OF JUDGMENTrrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL OISTRICT JUDGES, IF THE JUDGEMENT 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 MA Y BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUOGMENT OEBTOR PA YS IN FULL, SEITLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 1 Z-I 05 Date Magisterial District Judge ,~ i<y' "' ~i, ". 'ru~~o' wOY!4 ~om 0' "'"<! ="'0," ~""'oiog 'ho '"'g~, 7?-l Of Date , Magisterial District Judge My commission expires first Monday of January. 2010 SEAL AOPC 315.05 DATB PRIJllTED: 7/21/05 3:43:23 PM ------------~.._----...~--'-._-- -.-----, .~-- .. _...~._____.u."___ .. "~~._~'___'_ j r 0 r-> 0 = c:: = -n ~ c.n -l '-. ~ """ if,:n ~ ~') rc c:: G'> .- ('s' -om , .. u> ->;0 CO> - CJ ;:~) \ "', t \L :-<l '=...;() ...... '" -..-" ,1...-1'1 .... ':'''J ..., :?,': .)~(') -c "" -" '^ -- -;,,-,n '" "" -<I C~- C0 c) .. ;-~:~ ~ ,~~ ~ '" ........ --j N ,....::;: N ~1' 2 "" , .l.. liJ l'~" --I 0 ,.... . -''-<l r 0 fi '^" <;--. '" ';--.\ '-', .... \-> '0 -p Jf . 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. Lonnie Kimball 6615 Carlisle Pike, Apt 1 Mechanicsburg, P A 17050 Defendant 05-4468 civil term $ $ 2,157.50 $ $ $ ) $ 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, Lonnie Kimball and the Defendant's employer, Foot Locker, Inc., 112 W. 34th Street, New York, NY 10279, 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 July 21,2005 in the amount of$2,035.50, Docket Number CV-0000276-05. Post judgment costs increased this amount to $2,157.50, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on August 30,2005, under Docket Number 05-4468 civil term. 4. The Defendant is currently employed at Foot Locker, Inc., 112 W. 34th Street, New York, NY 10279. 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. . . 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, Lonnie Kimball and his current employer, Foot Locker, Inc., 112 W. 34th Street, New York, NY 10279. Respectfully Submitted: Date: {f; J 1- Pietro Leone, Attoritey, PA Bar #85127 5351 Jaycee Avenue Harrisburg,PA 17112 (717)657-5729 ::.(' c-' --.: () ,---- ;,;;.; c'_ -," '" C:::.. C':;::;' "A c) -'1 ..... :1: ...... r-1l-!) r [I' -,., f'rJ "'.:0 f c., ,...; :"'-;n -,."- , " .. ~ 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. Lonnie Kimball 6615 Carlisle Pike, Apt 1 Mechanicsburg, P A 17050 Defendant RULE TO SHOW CAUSE s ~ 05-4468 civil term $ $ 2,157,50 $ $ $ ) $ AND NOW, this ~ ~ day of r: t,'oT ,Ill.' '( 2006, upon consideration ofthe 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, Lonnie Kimball, and his current employer, Foot Locker, Inc., 112 W. 34th Street, New York, NY 10279, to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within 1. 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, Foot Locker, Inc., 112 W. 34th Street, New York, NY 10279. J- <6 -otr> C~A By the Court: .~~ ~-t ~~~ t ,JUs" I \ :~l'~nJ II : II W1 8- 833 900Z ,- ~ Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, P A 171 12 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs NO. 05-4468 Lonie Kimball 6615 Carlisle Pike, Apt I Mechanicsburg, P A 17050 Defendant CIVIL ACTION - LAW PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 206.7, Plaintiff, Bent Creek Limited Partnership, hereby files this Motion to make Rule Absolute, and in support of same avers as follows: 1. On January 30, 2006, Plaintiff, Bent Creek Limited Partnership, filed a Petition for A Rule to Show Cause Why an Order Granting Wage Attachment Should Not Issue. 2. On February 8, 2006, 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, Foot Locker, Inc., 112 W. 34th Street, New York, NY 10279, as well as all current or subsequent employers. .... ~ Date: '3 - (() . 00 Respectfully Submitted: /2;c1 ~ Pietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PAl 7112 (717) 657-5729 CERTIFICATE OF SERVICE I hereby certify that I am this day serving Plaintiff's 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: Lonnie Kimball 6615 Carlisle Pike, Apt I Mechanicsburg, P A 17050 Foot Locker, Inc. 112 W. 34th Street New York, NY 10279 Respectfully Submitted, Date: :5 - It) - u ~ (J~ ). ~ , By: Pietro Leone, Attorney PABar#85127 5351 Jaycee Avenue Harrisburg, P A 17112 717-657-5729 /--. .~] ".) c ~l ------ Bent Creek Limited Partnership 5351 Jaycee Avenue PENNSYLVANIA Harrisburg, PA 17112 Plaintiff RE EIVED17 MAR 14 [006 . IN THE COURT OF COMM N PLEAS CUMBERLAND, COUNTY BY: V' ~ Vs NO. 05-4468 Lonie Kimball 6615 Carlisle Pike, Apt I Mechanicsburg, PA 17050 Defendant CIVIL ACTION - LAW ATTACHMENT ORDER '" \ AND NOW, this \10 day of t'\1I....t,\\ ,2006, 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, Lonie Kimball, and the Defendant's employer, Foot Locker, Inc., 112 W. 34th Street, New York, NY 10279, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Foot Locker, Inc., 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, Foot Locker, Inc., and all subsequent employers ofthe 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 Bent Creek Limited Partnership 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, 535 I Jaycee Avenue, Harrisburg, P A 171 12. So Ordered, By the Court '--l \f.i\fs/A1ASNi<3d U""-,... ,',' "-~"'n~ " oj"~:; "..: '. ...,.:. >:':'>':::"~j V OZ :8 H~ L I fm~ 900l AtiV.LONOHJ.O!:ld 31-U =10 3OI:H0-Q..:n1:J