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HomeMy WebLinkAbout07-0132COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CMMERLAND ?7 - I Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TONNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774-5989 17070 CT REHABILITALTION 100 GEORGETOWN ROAD NECHANICSBURG, PA LP 17050 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) (Date of Judgment) CT REHABILITALTION LP 11/29/06 ® Judgment was entered against: (Name) BAER, WALTER/JENNIFER in the amount of $ 1, 484.5 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 $ 1,397.00 Judgment Costs $ 87. 50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,484.50 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. NOV 2 9 2006 Date I certify that this is a true and correct copy of 4N - 2 20237 - Date 1,0 My commission expires first Monday of January, 2008 NOTICE OF JUDGMENT/TRANSCRIPT D CIVIL CASE PLAINTIFF: NAME and ADDRESS r CT RRHABILITALTION LP 100 GEORGETOWN ROAD LMECHANICSBDRG, PA 17050 J VS. DEFENDANT: NAME and ADDRESS rBASR, WALTER/JENNIFER 4968 NORTH SUSQUEHANNA TR LYORR, PA 17406 J Docket No.: CV-0000559-06 Date Filed: 10/10/06 Magisterial District Judge containing the judgment. , Magisterial District Judge SEAL AOPC 315-06 DATE PRINTED: 11/29/06 2:05:00 PM c. - V CT Rehabilitation LP IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 07-132 Walter Baer Jr. 4968 Susquehanna Trail. CIVIL ACTION - LAW York, PA 17406 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, Walter Baer Jr. and the Defendant's employer, United Rentals, 940 Cornwall Road, Lebanon, PA 17042, 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 29, 2006 in the amount of $1,397.00, Docket Number CV-0000559-06. Post judgment costs increased this amount to $1,484.50, which is shown on the certified judgment. 3. Payments in the amount of $300.00 brings final amount due to $1,184.50. 4. The District Justice Judgment was filed with this Court on January 8, 2007, under Docket Number 07-132 Civil Term. 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. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV-0000559-06. Defendant made three payments in the amount of $100.00 each. Last payment was made on April 9, 2007. 9. The Defendant is currently employed at United Rentals, 940 Cornwall Road, Lebanon, PA 17042. 10. 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. 11. 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. 12. Copies of the District Justice Judgment and the proposed attachment order are attached hereto. 13. WHEREFORE, the Plaintiff hereby requests that the Honorable Court issue the proposed rule to show cause against both the Defendant, Walter Baer Jr. and his current employer, United Rentals, 940 Cornwall Road, Lebanon, PA 17042. Respectfully Submitted: Date: C - ?,J 7__ ?0 0 Zietro Leone Attorney, A 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: Walter Baer Jr. 4968 Susquehanna Trail York, PA 17406 Respectfully Submitted, Date: CD " d7- o??00 7 '/0 '7 '-, --? k, IB y: Pietro Leone, Attorney PA Bar #85127 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 'NWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT a -Y OF: CUMBERLAND p7- )3 CIVIL CASE ag. Dist. No.: PLAINTIFF: NAME and ADDRESS 09-1-01 FCT REHABILITALTION LP MDJ Name: Hon. 100 CHARLES A. CLEMENT, JR GEORGETOWN ROAD Address: 400 BRIDGE ST PCHANICSBURG, PA 17050 J OLDS TOWNE COMMONS -SUITE 3 vs. NEW CUMBERLAND, PA DEFENDANT: NAME and ADDRESS Telephone: (717 ) 774-5989 17070 FBAER, WALTER/ JENNIFER 4968 NORTH SUSQUEHANNA TR LYORR, PA 17406 J CT RBHABILITALTION LP 100 Docket No.: CV-0000559-06 GEORGETOWN ROAD Date Filed: 10110106 MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 11/29/06 ® Judgment was entered for: (Name) CT REHABILITALTION LP ® Judgment was entered against: (Name) BAER, WALTER/JENNIFER in the amount of $ 11 484.5 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 $ Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1,397.00 Judgment Costs $ 87.50 Interest on Judgment $ .00 0 Attorney Fees $ .0 ITotal $ 1,484.50 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 MAGIST IALP,6STRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE J{GMegg MFILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT-Qf&OR PPAA'YS SUILL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. t.,. 0, t 'Crrn co ' ?-- fV J? W NOY 2 9 2006 Date u'? , Magisterial District Judge I certify that this is a true and correct copy of Date ojn? 1 . roceedings containing the judgment. My commission expires first Monday of January, 2001 L. , Magisterial District Judge SEAL AOPC 315-06 DATE PRINTED: 11/29/06 2:05:00 PM rfi C_ i 'yj CT Rehabilitation LP IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 07-132 Walter Baer Jr. 4968 Susquehanna Trail. CIVIL ACTION - LAW York, PA 17406 Defendant RULE TO SHOW CAUSE AND NOW, this day of 200 ,upon consideration of the foregoing Petition For A Rule To Show use 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, Walter Baer Jr., and his current employer, United Rentals, 940 Cornwall Road, Lebanon, PA 17042 to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within o v 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, United Rentals, 940 Cornwall Road, Lebanon, PA 17042. HI jG R??j V v rl r ..?D J ^?. ;n cj-AlH CT Rehabilitation LP IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 07-132 Jennifer Baer Jr. 4968 Susquehanna Trail = York, PA 17406 CIVIL ACTION - LAW Defendant Praecipe to Enter Appearance for Judgment 1. Kindly enter the appearance for Mark X. DiSanto, Attorney for the plaintiff - PA Bar #51090. To: Court of Common Pleas Prothonotary ?•Z3.O8? Date 1 Y?1 Mark X. DiSanto, PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 Cy c-j"s' -r-t CO ,ice CT Rehabilitation LP 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Jennifer Baer Jr. 4968 Susquehanna Trail York, PA 17406 Defendant 1. Judgment is paid in full. 2. Please satisfy this judgment. To: Court of Common Pleas Prothonotary ? -z 6-o8' Date IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-132 CIVIL ACTION - LAW Praecipe to Satisfy Judgment (A Mark X. DiSanto, PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 ' ? l j CT Rehabilitation LP 5351 Jaycee.Avenue Harrisburg, PA 17112 Plaintiff Vs Walter Baer Jr. 4968 Susquehanna Trail York, PA 17406 Defendant 1. Judgment is paid in full. 2. Please satisfy this judgment. To: Court of Common Pleas Prothonotary 5-ak-0% Date IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-132 CIVIL ACTION - LAW Praecipe to Satisfy Judgment Mark X. DiSanto, A Bar #51 0 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 C? G. ..-t c...-? 'C -e': 6 ? r 1 ?..? 'y W ?x , S.+ 4 J -. ??w ?--; ?? ?? ' ? "W ^? CT Rehabilitation LP IN THE COURT OF COMMON PLEAS 5351 Jaycee Avenue CUMBERLAND, COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff Vs NO. 07-132 Walter Baer Jr. 4968 Susquehanna Trail CIVIL ACTION - LAW York, PA 17406 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 5 - ZA •O-S Date Al ALd Mark X. DiSanto, A Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 .q C co Ln