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HomeMy WebLinkAbout07-0113COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Q7 - Ili Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOME COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 CT REHABILITALTION LP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF (Date of Judgment) 11/03/06 Judgment was entered for: (Name) CT REHABILITALTION LP Judgment was entered against: (Name) SCOTT, MARC ANTHONY in the amount of $ 2,010.41- F1 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 $ 1,919.91 Judgment Costs $ 90.So Interest on Judgment $ • Attorney Fees $ .00 Total $ 2,010.41 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 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. - 3 2000 Date I certify that this is a true an orrect co y of the IEC 2 1 2006 Date , My commission expires first Monday of January, 2008 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r 7 CT REHABILITALTION LP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS rSCOTT, MARC ANTHONY 4242 CARLISLE PIKE APT/STE 222 CAMP HILL, PA 17011 L J Docket No.: CV-0000547-06 Date Filed: 10/03/06 Magisterial District Ju gs containing the judgment. , Magisterial District Judge SEAL AOPC 315-06 DATE PRINTED: 11106106 12:04:00 PM ? o ? l C-i ? o x? 1-16 CT Rehabilitation LP 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Marc Anthony Scott 4242 Carlisle Pike, Suite 222 Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-113 CIVIL ACTION - LAW 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, Marc Anthony Scott and the Defendant's employer, Coverall Cleaning Concepts, 4242 Carlisle Pike, Suite 222, Camp Hill, PA 17011, 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 November 3, 2006 in the amount of $1,919.91, Docket Number CV-0000547-06. Post judgment costs increased this amount to $2,010.41, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on January 5, 2007, under Docket Number 07-113 Civil Term. 4. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV-0000547-06. No response was received from defendant. 5. The Defendant is currently employed at Coverall Cleaning Concepts, 4242 Carlisle Pike, Suite 222, 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. s- - > 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, Marc Anthony Scott and his current employer, Coverall Cleaning Concepts, 4242 Carlisle Pike, Suite 222, Camp Hill, PA 17011. Respectfully Submitted: Date: l? 0-7 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 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: Marc Anthony Scott 4242 Carlisle Pike, Suite 222 Camp Hill, PA 17011 Respectfully Submitted, Date: _ ??- By: Pietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 COMMONWEALTH OF PENNSYLVANIA ii COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-01 MOJ Name: Han. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDE TOWER COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 CT REHABILITALTION LP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: DEPAULT JvDGKIENr PLTF (Date of Judgment) 11103106 ® Judgment was entered for: (Name) CT REHABILITALTION LP ® Judgment was entered against: (Name) SCOTT, MARC ANTHONY in the amount OT $ 2.010.4 F] 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 F1 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,919.91 Judgment Costs $ 90.50 Interest on Judgment $ • 0 Attorney Fees $ .90 Total $ 21010.41 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 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. - A tUU5 Date I certify that this is a true an orrect co y of the re of IEC 2 1 2006 Date My commission expires first Monday of January, 2008 NOTICE OF JUDGMENT/TRANSCRIPT e&4 CIVIL CASE PLAINTIFF: NAME and ADDRESS rCT REHABILITALTION LP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L vs. J DEFENDANT: NAME and ADDRESS rSCOTT, MARL ANTHONY 4242 CARLISLE PIKE APT/STE 222 CAMP SILL, PA 17011 L_ J Docket No.: CST-0000547-06 Date Filed: 10/03/06 Cn - - o. C Magisterial Dis lct J[;ge ?M -c ?s containing the judgment. , Magisterial District Judge SEAL AOPC 315-06 DATE PRINTED: 11106106 12:04:00 PM C=l ?Y( tel.' = r ? t ?? CT Rehabilitation LP 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Marc Anthony Scott 4242 Carlisle Pike, Suite 222 Camp Hill, PA 17011 Defendant JAN 18 MAW IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-113 CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this day of 2007, 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 and DECREED as follows: 1. a rule is issued upon the Defendant, Marc Anthony Scott, and his current employer, Coverall Cleaning Concepts, 4242 Carlisle Pike, Suite 222, Camp Hill, PA 17011, to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within 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, Coverall Cleaning Concepts, 4242 Carlisle Pike, Suite 222, Camp Hill, PA 17011. o o" By the CAUrt: P I f 1"..r.. - n,7n 611 .01 HV 6? NIF LODZ OTTIJ CT Rehabilitation LP 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Marc Anthony Scott 6765 Huntington Street Harrisburg, PA 17111 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-113 CIVIL ACTION - LAW PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 206.7, Plaintiff, CT Rehabilitation LP, hereby files this Motion to make Rule Absolute, and in support of same avers as follows: 1. There has been no prior judge involvement, except for Ruling by District Justice Clement. 2. Concurrence of opposing counsel was sought but was not obtained due to the Defendant's lack of appearance at the November 3, 2006 hearing. 3. On January 11, 2007, Plaintiff, CT Rehabilitation LP, filed a Petition for A Rule to Show Cause Why an Order Granting Wage Attachment Should Not Issue. 4. On January 26, 2007, this Honorable Court issued a Rule to Show Cause with a return within 20 days of service. 5. The Defendant has not answered the Rule. 6. 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, Mark X. DiSanto, Attorney, PA Bar #51090 Page 1 of 2 Triple Crown Corporation, Inc. Plaintiffs Motion to Make Rule Absolute Coverall Cleaning Concepts, 6765 Huntington Street, Harrisburg, PA 17111, as well as all current or subsequent employers. Date: V0 " ? 'Q`) Mark X. DiSanto, Attorney, PA Bar 951090 Triple Crown Corporation, Inc. Respectfully Submitted: ?JWA44 L'Ic Mark DiSant , orney PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 Page 2 of 2 Plaints Motion to Make Rule Absolute 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: Marc Anthony 6765 Huntington Street Harrisburg, PA 17111 Coverall Cleaning Concepts 6765 Huntington Street Harrisburg, PA 17111 Respectfully Submi Date: ?6 ` ? - o-) By: Mark X. U PA Bar #51090 Attorney, 5351 Jaycee Avenue, Harrisburg, PA 17112 717-657-5729 Mark X. DiSanto, Attorney, PA Bar #51090 Page I of I Triple Crown Corporation, Inc. Certificate of Service c': ?, ?:, .??) ?-?, 'r'i r-? --f r__, .'T T1 E ? . ? ;"; _i?'•, ..J ...i :• i ?_ -,? ., _-R .t:" .`?7 r`?: -?G CT Rehabilitation LP 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Marc Anthony Scott 6765 Huntington Street Harrisburg, PA 17111 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-113 CIVIL ACTION - LAW Aµeuoea PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 206.7, Plaintiff, CT Rehabilitation LP, hereby files this Motion to make Rule Absolute, and in support of same avers as follows: 1. There has been no prior judge involvement, except for Civil Ruling by District Justice Clement on November 3, 2006 and Rule to Show Cause by Judge Hess on January 26, 2007. 2. Concurrence of opposing counsel was sought but was not obtained due to the Defendant's lack of appearance at the November 3, 2006 hearing. 3. On January 11, 2007, Plaintiff, CT Rehabilitation LP, filed a Petition for A Rule to Show Cause Why an Order Granting Wage Attachment Should Not Issue. 4. On January 26, 2007, this Honorable Court issued a Rule to Show Cause with a return within 20 days of service. 5. The Defendant has not answered the Rule. 6. 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 Mark X. DiSanto, Attorney, PA Bar #51090 Triple Crown Corporation, Inc. Page 1 of 2 Plaints Motion to Make Rule Absolute 1 Not Issue and GRANT a wage attachment against the Defendant's current employer, Coverall Cleaning Concepts, 6765 Huntington Street, Harrisburg, PA 17111, as well as all current or subsequent employers. Date: ? 0 - [ S ' 0-) Mark X. DiSanto, Attorney, PA Bar #51090 Triple Crown Corporation, Inc. Respectfully Submitted: Mark DiSanto, Attorney PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717) 657-5729 Page 2 of 2 Plaintigs Motion to Make Rule Absolute C3 N Q O C 'n M:n --{ r- t'_' -r1 C>-. 8 J Sw ,' - e " w ? OCT - 81007,oi CT Rehabilitation LP IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 07-113 Marc Anthony Scott 6765 Huntington Street CIVIL ACTION - LAW Harrisburg, PA 17111 Defendant ATTACHMENT ORDER AND NOW, this ZS' day of 0-4--i-l' , 2007, 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, Marc Scott. The Defendant's employer is Coverall Cleaning Concepts, 6765 Huntington Street, Harrisburg, PA 17111. It is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Coverall Cleaning Concepts, 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 $2,010.41. 3. The Defendant's current employer, Coverall Cleaning Concepts, 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 CT Rehabilitation LP 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 Mark DiSanto, Attorney, PA Bar #51090 Page 1 of 1 Triple Crown Corporation, Inc. Attachment Order f j,_„ 1 7 S i Ji d S;130 LODZ ?'Hi JO