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Home My WebLink About07-5622COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUlMERLAND D7- $ a? I Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: DEFAULT JUDGMENT PLTF Judgment: FX1 Judgment was entered for: (Name) ® Judgment was entered against: (Name' in the amount of $ 3,907.1' (Date of Judgment) 8/14/07 BENT CREEK LIMITED PARTNERSHIP OMEN, SUSAN 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 Judgment Costs Interest on Judgment Attorney Fees Total $ 3,782.50 $ 125.25 $ .00 $ .00 $ 3,907.75 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. ®8' -0 Date Magisterial District Judge I certify that this is a true a c e ecor o ings containing the judgment. D Magisterial District Judge My commission expires first Monday of January, 2010 SEAL NOTICE OF JUDGMENT/TRANSCRIPT ,,:,4 CIVIL CASE PLAINTIFF: NAME and ADDRESS FBENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L -? VS. DEFENDANT: NAME and ADDRESS FOWZN, SUSAN 242 W. COLUMBIA ST. ENOLA, PA 17025 L J Docket No.: CV-0000176-07 Date Filed: 3/22/07 AOPC 315-06 DATE PRINTED: 8/15/07 10:51:00 AM ? lj V „J , cn - 1 s 70 -70 n-i 2 _, ` ._ tee m C-1 a , Bent Creek Limited Partnership 5351 Jaycee Avenue Harrisburg, PA 17112 Plaintiff Vs Susan Owen 242 W. Columbia Street. Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 07-5622 CIVIL ACTION - LAW 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, Susan Owen and the Defendant's employer, Bakers Restaurant, 515 US Route 15, Dillsburg, PA 17019, 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 Thomas A. Placey, Magisterial District 09-3-04 on August 14, 2007 in the amount of $3,782.50, Docket Number CV-0000176-07. Post judgment costs increased this amount to $3,907.75, which is shown on the certified judgment. 3. The District Justice Judgment was filed with this Court on September 26, 2007, under Docket Number 07-5622 Civil Term. 4. There has been prior judge involvement, a Ruling by District Justice Placey (see attached). 5. Concurrence of opposing counsel was sought but was not obtained due to the Defendant's lack of appearance at the August 14, 2007 hearing. 6. Reasonable attempt has been made to contact and make payment arrangement to satisfy Judgment Docket Number CV-0000176-07. No response was received from defendant. 7. The Defendant is currently employed at Bakers Restaurant, 515 US Route 15, Dillsburg, PA 17019. 8. 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. 9. 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. 10. Copies of the District Justice Judgment and the proposed attachment order are attached hereto. 11. WHEREFORE, the Plaintiff hereby requests that the Honorable Court issue the proposed rule to show cause against both the Defendant, Susan Owen and her current employer, Bakers Restaurant, 515 US Route 15, Dillsburg, PA 17019. Respectfully Submitted: Date: r- LJ^ Mark X. DiSanto, Attorney, PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: LUJBBRT•&ND 617- J?(yoZ4? Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG', PA Telephone: (7 17 ) 761-8230 17050 BENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF NOTICE OF JUDGMENT/TRANSCRIPT ?zd CIVIL CASE PLAINTIFF: NAME and ADDRESS rBENT CREEK LIMITED PARTNERSHIP 100 GEORGETOWN ROAD MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS FO-WEN, SUSAN -I 242 W. COLUMBIA ST. ENOLA, PA 17025 L J Docket No.: CV-0000176-07 Date Filed:. 3/22/07 _ (Date of Judgment) 8/14/07 ® Judgment was entered for: (Name) BENT CREEK LIMITED PARTNERSHIP ® Judgment was entered against: (Name) OWEN, SUSAN in the amount of $ 3,907.75-- 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 $ 3,782.50 Judgment Costs $ 125.25 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,907.75 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. ?j ° O Date r" Magisterial DisRct Judge 1 I certify that this is a true an c e ecor o ings containing the judgment. Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-06 DATIFE r-RTNTED: S/15/P7 16:521__.V0 Lim 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: Susan Owen 242 W. Columbia Street Enola, PA 17025 Respectfully Submitted, Date: A'a L) By: Mark X. DiS , A orney PA Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 717-657-5729 Bent Creek Limited Partnership THE COURT OF COMMON PLEAS OF 5351 Jaycee Avenue CUMBERLAND COUNTY, PENNSYLVANIA Harrisburg, PA 17112 Plaintiff V. SUSAN OWEN 242 W. Columbia Street Enola, PA 17025 Defendant NO. 07-5622 CIVIL ORDER OF COURT AND NOW, this 7th day of December, 2007, upon consideration of the Petition for Why A Wage Attachment Should Not be Granted, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Defendant and her current employer, Bakers Restaurant, 515 US Route 15, Dillsburg, PA 17019, to show cause why the relief requested by Plaintiff should not be granted; 2. The Defendant and her current employer, Bakers Restaurant, will file an answer to this petition on or before December 27, 2007; 3. The Prothonotary is directed to forward said Answer to this Court. 4. 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 Parties file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, M. L. Ebert, Jr., ki 611:0114V L-- 3? LOOZ Mark X. DiSanto, Esquire Attorney for Plaintiff * 1 t LL d Karen Owen, Defendant Cs t itt r 242 W. Columbia Street Enola, PA 17025 Z/ ?/U 7 Bakers Restaurant ? 515 US Route 15 ? Dillsburg, PA 17019 bas