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
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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. ~ `;
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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
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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
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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
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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
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