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HomeMy WebLinkAbout06-5477COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CII~Egr.s>I~n ~ _ Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CBARLEB A. CL~[~iT, Address: 400 BRIDGE ST OLDS TOLE CO~LOMS IiEiP CIIl~ERLAItiD, PA Telephone: (717 ~ 774-5989 ATTOR~iEY FOR PLAIIliTIFF PIETRO L. LEO~iE 5351 JAYCEE AVE FRO~iT ~ MARKET STS BARRISBIIRG, PA 17112 JR -SIIITE 3 17070 THIS IS TO NOTIFY YOU THAT: Judgment: FOB' PLAINTIFF PLAINTIFF: NAME and ADDRESS A ~ CT R88A8ILITALTIOM LP 100 GEORGETO~ BD 11[ECHAMICSBDRG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS r ~iILLIAII[ SIILLIVAN ~ 3 3 3 1LARRET STREET BARRISBDRG, PA 17110 L J Docket No.: CV-0000297-06 Date Filed: 6/09/06 (Date of Judgment) 8/10/06 ® Judgment was entered for: (Name) CT 88EABILITALTIOI!< LP ®Judgment was entered against: (Name) ~iILLIAM SIILLIVAM in the amount of $ 1, 574.8 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Amount of Judgment $ 1,174.33 Judgment Costs $ 100.50 Interest on Judgment $ Attorney Fees $ 300.00 Total $ 1, 574.83 Post Judgment Credits $ Post Judgment Costs $ Certified 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 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. AUG 1 0 2006 Date My commission expires first Monday of January, 2008 . ~ OTICE O CIVL CASE /TRANSCRIPT Magisterial Distrst Judge SEAL AOPC 315-06 DATE PRINTED: 8/15/06 1:34:00 PM °~ r \ 'G1 V ~ ~ ~' ~~ G ~t. r_ ~ ~, ~~ °* ati -t3 N N W ~~ C~ ~~~ ~~ --~ r CT Rehabilitation LP IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 : Plaintiff Vs NO. 06-5477 William Sullivan : 113 Nittany Drive CIVIL ACTION -LAW Mechanicsburg, PA 17055 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, William Sullivan and the Defendant's employer, Net Pay Inc., 333 Market Street, Harrisburg, PA 17110, 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 Charles A. Clement Jr., Magisterial District 09-1-01 on August 10, 2006 in the amount of $1,174.33, Docket Number CV-0000297-06. Post judgment costs increased this amount to $1,574.83, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on September 19, 2006, under Docket Number 0-5477 Civil Term. 4. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV-0000297-06. $1,000.00 was received in payment from Defendant leaving a balance due of $574.13. 5. There has been no prior judge involvement, except for Ruling by District Justice Clement (see attached). 6. Defendant is pro-se. 7. Given Defendant is pro-se, concurrence of opposing counsel cannot be obtained. 8. The Defendant is currently employed at Net Pay Inc., 333 Market Street, Harrisburg, PA 17110. 9. Pursuant to 42 Pa. C.S.A. Section 8127, the Plaintiff is entitled to garnish 10°l0 of the net wages per pay period of the Defendant, this judgment debtor-tenant. 10. 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. 11. Copies of the District Justice Judgment and the proposed attachment order are attached hereto. 12. WHEREFORE, the Plaintiff hereby requests that the Honorable Court issue the proposed rule to show cause against both the Defendant, William Sullivan and his current employer, Net Pay Inc., 333 Market Street, Harrisburg, PA 17110. Date: ~ ~ ~J ~~~~ Respectfully Submitted: Pietro Leone Attorney, A Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 r .dVEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT , J TY O F: CII>bU3ERI,ArTD Mag. Dist. No.: MDJ Name: Hon. CHARLES A. CLEMEN'P, JR Address: 4 0 0 BRIDGE ST OLDL TO~PNE CO>l~ONS - SIIITE 3 NEB CDBBEBT.awn, PA Telephone: (717 > 7 7 4- 5 9 8 9 17 0 7 0 ATTORNEY FOR PLAINTIFF PIETRO L. LEONE 5351 JAYCEE AVE FRONT ~ MARSET 3T3 HARRISBURG, PA 17112 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF CIVIL CASE PLAINTIFF: NAME and ADDRESS ACT REHABILITALTION LP ~ 100 GEORGETOWN RD MECHANICSBIIRG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS ~ WILLIAM SIILLIVAN' ~ 333 MARKET STREET ~HARZtI3BIIRG, PA 17110 L_ J Docket No.: CV-0000297-06 Date Filed: 6/09/06 . ~~ , _ (Date of Judgment) 8/10/06 ® Judgment was entered for: (Name) CT REHABILITALTION LP ®Judgment was entered against: (Name) ~PILLIAM 3ULLIVAI~ in the amount of $ 1, 574.8 Defendants are jointly and severally liable. Damages well be assessed on Date & Time - _ _ - 0 --- -- ---- This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease I~,Amount of Judgment $ 1,174.33 'Judgment Costs $ 100.50 'Interest on Judgment $ - Attorney Fees $ 300.00 Total $ 1, 574.83 Post Judgment Credits $ Post Judgment Costs $ Certified 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPE~. c EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT J~GE TH~ JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FU PR ESS COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THEM RI IS UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN T DGM@NT ~BTOR~AY A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMEI _ ~ SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~ `; ~_ "t7 =- ~ ~ ~ _ ~ C.~: G - AUG 1 0 2006 ' Date , Mag~~terial Distr~t ,!udge I certify that this is a true a correc opy t r rd of th ro ee gs containing the judgment. SEP 1 1 2006 : - ~- Date ., Maglsteria3 District Judgar w~' My commission expires first Monday of January, 2008 `~ SEAL AOPC 315-06 DATE PRINTED: 8/15/06 1:34:00 PM LL, E. 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: William Sullivan 113 Nittany Drive Mechanicsburg, PA 17055 Respectfully Submitted, Date: ~ " Gt'D d / By: Pietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 C"? C~ e ,..~ ...- ~.3 - ~ ~ ~ a t, ~ f - _.. .. -r;. ~- ev C' ~.~~ ~...~..n L-~ 1 - w. ' h ' ~ ; Enetr.'A .:.~ L W ....~ ~-O ORDER OF COURT AND NOW, this 15th day of May, 2007, upon consideration of the Petition for a Rule to CT REHABILITATION LP, 5351 JAYCCE AVENUE HARRISBURG, PA 17112 PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WILLIAM SULLIVAN, 113 NITTANY DRIVE MECHANICSBURG, PA 17055 DEFENDANT NO. 06-5477 CIVIL Show Cause Why An Order Granting Wage Attachment Should Not Issue filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant and Defendant's current employer, Net Pay Inc., 333 Market Street, Harrisburg, PA 17110 to show cause why the relief requested should not be granted; 2. The Defendant and Defendant's current employer will file an answer on or before June 4, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant and/or Defendant's current employer files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. ~ . 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Pietro Leone, Esquire i Counsel for Plaintiff Uilliam Sullivan Defendant ~t Pay Inc. Defendant's Current Employer bas ri 1e ~,clw~ P R ``/ l CT Rehabilitation LP IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 . Plaintiff : Vs NO. 06-5477 William Sullivan 113 Nittany Drive CIVIL ACTION -LAW Mechanicsburg, PA 17055 Defendant Praecipe to Enter Appearance for Plaintiff 1. Kindly enter the appearance for Pietro Leone, Attorney, PA Bar #85127. To: Court of Common Pleas Prothonotary ~- ~-- ..100 Date Pietro Leone, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 P p G ~' "' --~ ~ i,a ,~, - . , -sa -~~ -`, _:f~ {- ~- ~~= 4V "-~ ,~ r CT Rehabilitation LP 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs William Sullivan 113 Nittany Drive Mechanicsburg, PA 17055 Defendant 1. Judgment is paid in full. 2. Please satisfy this judgment. To: Court of Common Pleas Prothonotary '~~ ~m d Date IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 06-5477 CIVIL ACTION -LAW Praecipe to Satisfy Judgment '%,.~~7 Pietro Leone, PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 E7 ~ ~ ~ ~ ~ ~~, t-- r,-, . , . J ~, ~- , z t'E V 1 . -... ~ "~ 1,~1 ' =~ {~ '' fy, [ : y.: ~ ~ N ~ !~ ~