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HomeMy WebLinkAbout06-2287 COMMONWEALTH OF PENNSYLVANIA COUNTY OF' CUMBBRLAND /it. . ,..J:Jf?7 (.'uJ \ 09-3-04 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS fBBllIT CRBBB: LIMITED PARTlIBRSRIP -, 5351 JAYCBB A~ABua HARRISBURG, PA 17112 L ~ VS. Mag. Dist No. MDJ Name Hon THOMAS A. PLACBY Add"" 104 S SPORTING RILL RD MBCBAlII':tCSBURG, PA T'''phOc< (717) 761-8230 17050 DEFENDANT: NAME and ADDRESS IzSPOS:tTO, LU:tG:t, BT AL. 3649 MARKET STREET CAMP RILL, PA 17011 L -, BBllIT CREEK L:tM:tTED PARTHBRSR:tP 5351 JAYCBB AVABua HARR:tSBURG, PA 17112 Docket No,: CV-0000001-06 Date Filed: 12/30/05 ~ - THIS IS TO NOTIFY YOU THAT: Judgment: [i] Judgment was entered for: DEFAULT JUDI2II1l1II"I' PLTl!' (Name) R1nI'I' t"'lUl!ll1t" T.TMTTInl 1>llR'l'lll'RRRIfT1> [i] Judgment was entered against: (Name) J!:R1>OSYTO. LUTay in the amount of $ 2 . 4~2 no on: . (Date of Judgment) 2/02/06 . D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) D Amount of Judgment Subject to Attachment/42 Pa.C,S, 1}8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2,305.00 Judgment Costs $ 127.00 Interest on Judgment $ .00 Attorney Fees $ .00 Tolal $ 2,432.00 Post Judgment Credits $ Post Judgment Costs $ ----------- ------------ Certified Judgment Tolal $ ANY PARTY HAS THE RIGHT TO APPEAL WtTHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTfTRANSCRIPT 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 MAYBE 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, SElTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. --A~\I.\, Magisterial District Judge Date I certify that this is a true a d ~ 1,- \ 01. Date oceedings containing the judgment. , Magisterial District Judge My commission expires first Monday of January. 2010 SEAL AOPC 315.05 DATB PRIlI1TED: 2/02/06 1:38:24 PM :;::.c~ -,;:. ~;':'l r'<> G_=" (r, c) 1, ; >-,-1 ..-~.-- t . . COMMONWEALTH OF PENNSYLVANIA . COUNTY OF: CtlJIBBRLARD ,'- ( NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS IiDlT CUBIt LIMITED PARTJrBRSBIP I 5351 JAYCBB AV~us HARRISBURG, PA 17112 L ~ vs. Mag Disl. No 09-3-04 MDJ Name: Hon Address: THOMAS A. PLACBY 104 S SPORTING BILL MBCBAJlICSBURG, PA RD T'i,phon.(7.17 )761:"8230 17050 DEFENDANT: NAME arid ADDRESS fBSPOSI'l'O, LUIGI, BTAL. 3649MARXBT STUBT CAMP BILL, PA 17011 L I BERT CUBK LIMITED PARTJrBRSBIP 5351 JAYCEB AVSMUS HARRISBURG, PA 17112 Docket No.: CV-0000001-06 Date Filed: 12/30/05 ~ . i- - ""- THIS IS TO NOTIFY YOU THAT: 'J-udgrnet'lt':"", ..-;. _.'---;t'':','''' <J-.:-<~~,....,,";.. nRJIIADT.n!L~ -"I"nT'U"'IU......,~PL.'r:.. c n A;".....>--_.,. "._._, .. ' J [!] [!] Judgment was entered (Name) 'R'R1I'I' ~V'R'R'R' T.TMTT"Rn P.a.lII11'W'RDA'R'TD Judgment was entered against: (Name) lUIPORTTO. CTRO in the amount of $ 2 412 00 on: . (Date of Judgment) 2/02/01i. . o o o Defendants are jointly and ~eve\ally liable, (Date & Time) O Amount of Judgment Subject to Attachment/42 Pa,C,S, 98127 $ o Portion of Judgment for physical damages arising out of residential lease $ '.1 ( ~ Amount of Judgment $ 2,305.00 Judgment Costs $ 127.00 Interest on Judgment $ '..00 Attorney ':ees $ .00 Total $ 2,432.00 Post Judgment Credits $ Post Judgment Costs $ ----------- ------------ Certified Judgment Total $ , Damages will be assessed on: \ This case dismissed without prejJpice. j' \ ';./ ANY PARTY HAS THE ~I.~HT !OAPpEAL WITHIN 30 DAYSAfITER T~E ENTRY OF JUDGMENl' ~Y FILING A NOTICE OF APPEAC WifH"THE'~RO'rHCiNOfAFiiJCLERK 'O'F"fHE COURT Cl~C(jMMbN:PLEAS, CIVICDIVisION.. 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 MA Y BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURTOF COMMON PLEAS, ANYONE INTERES'TED 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 Jl:JDGMENT. \ 1.. \ -:'\b!. '. Date Mi\gisterial District Judge I certify that this is a tru 1-\ :1- \ 0(, rrect cop of he record of t oceedings containing the judgment. Date , Magisterial District Judge I Ii ;' ~ 1 My commission expires first Monday of January, 2010 SEAL AOPC 315.05 DATE PRINTED: 2/02/06 1:38:43 PM '-" '- ) '-.. . , ~ ;"'i, 1 \ ~ ~ ~ << ~_.. : ~\ /~, \ r<) t '\, <- \, ~ ' ~ - - '\J , ~t (:<' ~ ........., ~ --J \' c~"': ~ ~ ~ ..(,. C'J "-l " " , ~ ~ i.' ~ , , , ~ , . . i2:~ r' \ '" l l" . t f \ " 'Q7- - -- "'---"-, " I ". .l ,. Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYL VANIA Vs NO. 06-2287 Luigi Esposito 541 Greenfield Road Chambers burg, P A 1720 I Defendant CIVIL ACTION - LA W 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, Luigi Esposito and the Defendant's employer, Peppino's Itialian Restaurant, 3649 Market Street, Camp Hill, P A 170 II, in support thereof avers as follows: 1. This matter arises out of a dispute concerning a residentiallease. 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 $2,305,00, Docket Nwnber CV-000000I-06, Post judgment costs increased this amount to $2,432.00, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on April 24, 2006, under Docket Number 06-2287 Civil Term. 4, Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV -0000001-06. No response was received from defendant. 5, The Defendant is currently employed at Peppino's Itialian Restaurant, 3649 Market Street, Camp Hill, PA 17011. 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, Luigi Esposito and his current employer, Peppino's Itialian Restaurant, 3649 Market Street, Camp Hill, P A 170 II. Respectfully Submitted: Date: f,/7~ {)b -;--1 .f _ , -- Pietro Leone Atto , P A Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 ~c _........ Wubgtn-eut Ql.ertifi~at-e Common Pleas of Cumberland County, Carlisle, Pennsylvania ~ duA ~~_I;;.t m~'P I.k...UJ. ~-. . . No, /)t, - cJdJ;-/ t'u,J i/s. Judgment entered for $.,.7v:,N-0<J Dated d)'.;)' a0 Time M, x--C/~(- ~ CUe i':/,~ Payable Tax and entry paid by ~ $/9-~ , ~ ....---/ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Address THOMAS A. PLACEY 104 S SPORTING HILL MECBANICSBURG, PA RD NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'BENT CREEK LIMITED PARTNERSHIP I 5351 JAYCEE A~~u~ HARRISBURG, PA 17112 L ~ Mag. Disl. No. 09-3-04 MDJ Name: Hon VS. T",phoce (717) 761-8230 17050 DEFENDANT: NAME and ADDRESS 'ESPOSITO, LUIGI, ET AL. 3649 MARKET STREET CAMP HILL, PA 17011 I Docket No,: CV-0000001-06 Date Filed: 12/30/05 ~ -~."...........'- ~ BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L THIS IS TO NOTIFY YOU THAT: Judgment' .DEFAULT JUDGMENT PLTF [i] [i] Judgment was entered for: (Name) 'R'R'N"'l' rVllR'R" T.TM'TT'Rn 'P:a.'RT'JiI"'R'R~'R'T'P Judgment was entered against: (Name) RllPO!HTO T.lTTGT in the amount of $ 2 4~2 00 on: (Date of Judgment) 2/02/06 D Defendants are jOintly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice, (Date & Time) D Amount of Judgment Subject to Attachment/42 Pa,C.S. 9 8127 $ Amount of Judgment $ 2,305.00 Judgment Costs $ 127.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,432.00 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 DAYS AFTER THE ENTRY DF JUDGMENT BY FILING A NOTICE - .- - - -.. -- - OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS. CIVIL DIVISION, YDU 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 MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE, UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MA Y FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PA YS IN FULL, SElTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT, ~z\o., . Magisterial District Judge Date I certify that this is a true a 1-\2- \ D~ dc cor oceedings containing the judgment. , Magisterial District Judge Date My commission expires first Monday of January, 2010 SEAL AOPC 315-05 DATE PRINTED: 2/02/06 1:38:24 PM ...... CERTIFICATE OF SERVICE I hereby certify that I am this day serving Plaintiffs 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 ofPa. R,C,P, 440: Service by certified mail, addressed as follows: Luigi Esposito 541 Greenfield Road Chambersburg, P A 17201 Date: ~- J 7- t){p 4 ;? ;J--~--- By: Pietro Leone, Attorney PABar#85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 ~ BENT CREEK LIMITED PARTNERSHIP : IN THE COURT OF COMMON PLEAS OF 5351 JAYCEE AVENUE : CUMBERLAND COUNTY, PENNSYLVANIA HARRISBURG, PA 17112 PLAINTIFF V, LUIGI ESPOSITO 541 GREENFIELD ROAD CHAMBERSBURG, PA 17201 DEFENDANT : 06-2287 CIVIL ORDER OF COURT AND NOW, this 4th of May, 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 that: (1) A rule is issued upon the defendant, and his current employer, Peppino's Italian Restaurant, 3649 Market Street, Camp Hill, PA 17011, to show cause why the plaintiff is not entitled to the relief requested; (2) Any answer to the petition shall be filed on or before May 25, 2006; (3) A copy of said answer will be filed with this Court; (4) The petition shall be decided under Pa.R.C.P. No. 206.7; (5) Notice of entry of this order shall be proVided to all parties and to the current employer of the defendant, Peppino's Italian Restaurant, 3649 Market Street, Camp Hill, PA 17011, by the Petitioner; (6) If no answer to the Rule to Show cause is filed by the required date, the relief requested by the Plaintiff shall be granted, By the Court, ~--\ w\ M. L. Ebert, Jr., \JI \itN1i^lASNN3d AlNI'10J f:'tttnl{~91flno '11 :6 WV S- .l.VW 900l AtI\I10NOHlOtkl 3Hl ;;!O 3al:l:10...a:rn~ .If l Pietro Leone, Esquire Attorney for Plaintiff bas --.. .,. Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, P A 17112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA Vs NO. 06-2287 Luigi Esposito 541 Greenfield Road Chambers burg, P A 17201 Defendant CIVIL ACTION - LA W 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 April 27, 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 May 4, 2006, this Honorable Court issued a Rule to Show Cause with a return on or before May 25,2006. 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, Peppino's Italian Restaurant, 3649 Market Street, Camp Hill, PA 17011, as well as all current or subsequent employers. .. Respectfully Submitted: Date: t,- 1- () C, & ~ 1---- tetro 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 ofPa. R.C.P. 440: Service by certified mail, addressed as follows: Luigi Esposito 541 Greenfield Road Chambersburg, P A 17201 Peppino's Italian Restaurant 3649 Market Street Camp Hill, PA 17011 Respectfully Submitted, Date: ~ ..- 1-- CJ 6 a?~ By: Pietro Leone, Attorney, PA Bar #85127 5351 Jaycee Avenue, Harrisburg, P A 17112 717-657-5729 ;~? r-..:> C:::J c:-, '-.1"" -- (:::: C~: ..c- ....) :"1 ::? .- -n in~ ':-,~ ~~'~~ ~ ~,1 ~L~ :..L)r-r"i :~ ~ ,~ '-'" 1 -.J -0 -'''~ -=.::... r:-? ..r::- N .~ .. Bent Creek Limited Partnership 5351 Jaycee Avenue PENNSYLVANIA Harrisburg, PAl 7112 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, 5 JUN 0 8 ZOO~ Vs NO. 06-2287 Luigi Esposito 541 Greenfield Road Chambersburg, P A 17201 Defendant CIVIL ACTION - LA W ATTACHMENT ORDER AND NOW, this \ \ \\... day of :r u,,{.. ,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, Luigi Esposito, and the Defendant's employer, Peppino's Italian Restaurant, 3649 Market Street, Camp Hill, P A 17011, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Peppino's Italian Restaurant, 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 $2,432.00. 3. The Defendant's current employer, Peppino's Italian Restaurant, 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, P A 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 ,-t~ ~i fft ." r (' ~~ ~ "f~ ~ t -Pf - ~.~ 80 "0/ Uh! '>~ f:/tb ' i J/ it' grin '7 ),&I/n"" uu(, -'-'//\..,/.._/; ""J,' I ':'I,") ",q'-'d ::;L I :';'-":/-/(;'0\...,"'''''/1. "'0 .. J..) i/j .....'"