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Home My WebLink About06-1302COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-04 MOJName Hon. THOMAS A. PLACEY Add,as8 104 S SPORTING HILL RD • NNOTICE OF^JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS rBENT CREEK LIMITED PARTNERSHIP -71 5351 JAYCEE AVENUE HARRISBURG, PA 17112 MECHANICSBURG, PA L J VS. DEFENDANT NAME wd ADDRESS ie?aPh... (717) 761-8230 - 17050 rT-OSCANO, JOHN 18 JUDY ANN DRIVE ROCHESTER, NY 14616 BENT CREEK LIMITED PARTNERSHIP L J 5351 JAYCEE AVENUE Docket No.: CV-0000675-05 HARRISBURG, PA 17112 Date Filed: 12/22/05 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAIILT JODGMBNT PLTF ® Judgment was entered for: (Name) HERT CREEK 1.TMTT11M PART702A311P ® Judgment was entered against: (Name) TnsCANO,, Jnmff in the amount of $ 4, gig _ 5n on F1 Defendants are jointly and severally liable. 11 Damages will be assessed on: D This case dismissed without prejudice. (Date of Judgment) 211n2/06 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total I Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ Post Judgment Credits $ Post Judgment Costs $ 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 MAGISTERIAL DISTRICT 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 MAY 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 JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date ??.f(/LOYYI?Y !:Z L /J?rrK u_? Magisterial District Judge I certt?iff?y A tthis is correct copy th record of the pfo dings containing the judgment. 1? * Date I Magisterial District Judge My commission expires first Monday of January, 2010. SEAL AOPC 315-05 DATE PRINTED: 2/02/06 1:34:58 PM u 1 Ilk Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs John Toscano 18 Judy Ann Drive Rochester, NY 14616 Defendant NO. 06-1302 CIVIL ACTION-LAW 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, John Toscano and the Defendant's employer, Commonwealth Autism Service, 2201 W. Broad Street, Suite 107, Richmond, VA 23220, in support thereof avers as follows: 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 February 2, 2006 in the amount of $4,501.00, Docket Number CV-0000675-05. Post judgment costs increased this amount to $4,616.50, which is shown on the certified judgment. The District Justice Judgment was filed with this Court on March 8, 2006, under Docket Number 06-1302 Civil Term. 4. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV-0000675-05. No response was received from defendant. The Defendant is currently employed at Commonwealth Autism Service, 2201 W. Broad Street, Suite 107, Richmond, VA 23220. 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, John Toscano and his current employer, Commonwealth Autism Service, 2201 W. Broad Street, Suite 107, Richmond, VA 23220. Respectfully Submitted: Date: z , ) -f - (D& '?z d ietro Leone Attorney, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 CERTIFICATE OF SERVICE I hereby certify that I am this day serving Plaintiff's Petition For A Rule To Show Cause: Why An Order Granting Wage Attachment Should Not Issue upon the person and in the manner indicated below, which service satisfies the requirement of Pa. R.C.P. 440: Service by certified mail, addressed as follows: John Toscano 18 Judy Ann Drive Rochester, NY 14616 Date: 3 A- 0? Respectfully Submitted, y: Pietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND MaG. Dist, No ._ 09-3-04 MDd Name= Hon. THOMAS A. PLACEY Atldr?' 104 S SPORTING HILL RD MECHANICSBURG, PA, elePhane (717) `761-8230 17050 BENT CREEK LIMITED P 5351 JAYCEE AVENUE HARRISBURG, PA 17112 THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: (Name) ® Judgment was entered against: ( in the amount of $ 4, Gl 5 _ SD on: 0 Defendants are jointly and severally liable. El Damages will be assessed on: 0 This case dismissed without prejudice. I Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ ?{OTICE OF JUDGMENT/TRANSCRIPT w?LAINTIFr: CIVIL CASE NAMEaI, ADDRESS FBENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 J VS. - DEFENDANTNWEaod A009ESS GTOSCANO, -JOHN 18 JUDY ANN DRIVE ROCHESTER, NY 14616 L J Docket No.: CV-0000675-05 Date Filed: 12/22/05 (Date of Judgment) (Date & Time) -r :RTP r" Amount of Judgment $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ Total $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ I ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS LIFTER 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT 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 MAY 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 JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 1 `1 bl„ Date :/ Magisterial District Judge I certify that this incorrect copy of trecord of the p(o dings containing the judgment. Date I jjj Magisterial District Judge My commission expires first Monday of January, 2010. SEAL AOPC315-05 DATE PRINTED: 2/02/06 1:34:58 PM - - Bent Creek Limited Partnership THE COURT OF COMMON PLEAS OF 5351 Jaycee Avenue CUMBERLAND COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff V. John Toscano Defendant 06-1302 CIVIL ORDER OF COURT AND NOW, this 30th day of March, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or before April 17, 2006; 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, Commonwealth Autism Service, 2201 West Broad Street, Suite 107, Richmond, VA 23220 by the Petitioner; 5. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing shall be held on 26`n day of April, 2006, at 3:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse. If no answer to the Rule to Show cause is filed by the required date, the relief request by Plaintiff shall be granted. By the Court, ?\?\ M. L. Ebert, Jr., J LZ :J f{f{ G lied t? 901 Pietro Leone, Esquire Attorney for Plaintiff John Toscano 18 Judy Ann Drive Rochester, NY 14616 Defendant bas Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs John Toscano 18 Judy Ann Drive Rochester, NY 14616 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 06-1302 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 March 24, 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 March 30, 2006, this Honorable Court issued a Rule to Show Cause with a return on or before April 17, 2006. 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, Commonwealth Autism Service, 2201 W. Broad Street, Suite 107, Richmond, VA 23220, as well as all current or subsequent employers. Respectfully Submitted: Date: "??? t-Pietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (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 of Pa. R.C.P. 440: Service by certified mail, addressed as follows: John Toscano 18 Judy Ann Drive Rochester, NY 14616 Commonwealth Autism Service 2201 W. Broad Street, Suite 107 Richmond, VA 23220 Date: VyrPietro Leone, Attorney, PA Bar #85127 351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 .,R. Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs John Toscano 18 Judy Ann Drive Rochester, NY 14616 Defendant NO. 06-1302 CIVIL ACTION - LAW PLAINTIFF'S MOTION TO WITHDRAW WAGE ATTACHMENT AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 206.7, Plaintiff, Bent Creek Limited Partnership, hereby files this Motion to Suspend Wage Attachment, and in support of same avers as follows: 1. Rule to Show Cause was granted against Defendant on March 30, 2006. 2. Plaintiff received notice that service was on incorrect employer. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant that the wage attachment against the Defendant's current employer, Commonwealth Autism Service, 2201 W. Broad Street, Suite 107, Richmond, WA 23220, be withdrawn until correct employer can be found. Submitted: Date: - dr $ietro Leone, Attorne, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 Bent Creek Limited Partnership 5351 Jaycee Avenue PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs John Toscano 18 Judy Ann Drive Rochester, NY 14616 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, MAY 0 3 2001f NO. 06-1302 CIVIL ACTION - LAW ATTACHMENT ORDER AND NOW, this Sid day of K ki 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, John Toscano, and the Defendant's employer, Commonwealth Autism Service, 2201 W. Broad Street, Suite 107, Richmond, VA 23220, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Commonwealth Autism Service, 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 amount of the judgment is $4,616.50. 3. The Defendant's current employer, Commonwealth Autism Service, 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 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, 5351 Jaycee Avenue, Harrisburg, PA 17112. 1 7 D5 So Ordered, By the Court VMAWNNU Anon fwP 4-ewro 9£ .Z Wd 9- AN 90QZ AUVIONOHI06d Ni 30 33t?4C-Q31l 40 MAY 0 3 2006 ? Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 06-1302 John Toscano 18 Judy Ann Drive CIVIL ACTION - LAW Rochester, NY 14616 Defendant ORDER tti AND NOW, this $ day of M a_?_, 2006, upon consideration of the foregoing Motion to Withdraw Wage Attachment, it is hereby ORDERED AND DECREED the wage attachment shall be withdrawn until correct employer can be found. So Ordered, By the Court b 05 MINIVAIASNN3d KLNn,,- hC -.9 WV 9- AN 9002 ,liXCNOH!Uyd 3Hi 30 3OL=G-03113 Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs John Toscano 18 Judy Ann Drive Rochester, NY 14616 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 06-1302 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 March 24, 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 March 30, 2006, this Honorable Court issued a Rule to Show Cause with a return on or before April 17, 2006. 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, Gunther & Associates, LLC, 5257 West Henrietta Road, Rochester, NY 14602, as well as all current or subsequent employers. It- '. Respectfully Submitted: Date: - /- 06 , ietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (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 of Pa. R.C.P. 440: Service by certified mail, addressed as follows: John Toscano 18 Judy Ann Drive Rochester, NY 14616 Gunther & Associates, LLC 5257 West Henrietta Road Rochester, NY 14602 Date: 6- /- O Respectfully Submitted, y: Pietro Leone, Attorney, PA Bar #85127 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 _. ? cry ? --1 ?T at - 10 1 s Bent Creek Limited Partnership JUN 0 8 2006 IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, 5351 Jaycee Avenue PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs John Toscano 18 Judy Ann Drive Rochester, NY 14616 Defendant NO. 06-1302 CIVIL ACTION - LAW ATTACHMENT ORDER AND NOW, this day of S , 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, John Toscano, and the Defendant's employer, Gunther & Associates, LLC, 5257 West Henreitta Road, Rochester, NY 14602, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Gunther & Associates, LLC, 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 amount of the judgment is $4,616.50. 3. The Defendant's current employer, Gunther & Associates, LLC, 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 1 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, 5351 Jaycee Avenue, Harrisburg, PA 17112. So Ordered, By the Court r a R rr , Bent Creek Limited Partnership IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff / Vs NO. 06-1302 ? John Toscano 18 Judy Ann Drive CIVIL ACTION - LAW Rochester, NY 14616 Defendant Praecipe to Enter Appearance for Plaintiff 1. Kindly enter the appearance for Mark X. DiSanto, Attorney, PA Bar #51090. To: Court of Common Pleas Prothonotary Date 4,1.1 ? ""'? 4,& Mark X. DiSanto, PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 C'7 0 O ? ?r Fn N Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs John Toscano 18 Judy Ann Drive Rochester, NY 14616 Defendant 1. Judgment is paid in full. 2. Please satisfy this judgment. To: Court of Common Pleas Prothonotary f- cf- 0 Date IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 06-1302 CIVIL ACTION - LAW Praecipe to Satisfy Judgment I'll," Z? ".. - Mark X. DiSanto, " Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 1 \I ?J