HomeMy WebLinkAbout04-3803
THOMAS A. PLACEY
Add"" 104 fl. SPORTING HILL
MEcwmICSBURG, PA
RD.
'Ylv ~1'1_ 3~3 C";';:J -I ~
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
'BENT CREEK LIMITED PARTNERSHIP I
5351 JAYCEE AVENUE
HARRISBURG, PA 17112
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VS.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No
09-3-04
OJ Name: Hon
T"'ph,,' (717) 761- 8230
17050
DEFENDANT: NAME and ADDRESS
!JOHNSON, DOUGLAS, ET AL.
501 NORTH 36TH ST.
HARRISBURG, PA 17101
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BENT CREEK LIMITED PARTNERSHIP
5351 JAYCEE AVENUE
HARRISBURG, PA 17112
Docket No.: CV- 0000284 - 04
Date Filed: 5/13/04
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THIS IS TO NOTIFY YOU THAT:
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Judgment was entered tor:
(Name)
RJ;:N'T' ~RF.F.'R' T.TMT'l'F.11 PlIR'1'IITF.RRHTP
Judgment was entered against: (Name)
JOHllTSON, DOUGT ,liS
in the amount of $
1 ,R1 "L"O on:
(Date of Judgment)
fi/7.4/04
il
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time)
O Amount of Judgment Subject to
Attachment/42 Pa.C.S. S 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total ,. !
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Post Judgm)'!!1t Credits
Post Judgment Costs
$ 1,726.00
$ 87.50
$ .00
$ .00
$ 1,813.50
$
$
------------
------------
Certified Judgment Total $
ANY P-,,\RTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS.AFTER THE ENTRY. OF JUDGMENT.BY FILING A NOTICE
OF APPEAL WiTH THitPRoTHONcrtARYfcLERKOF'r;.iE"CO\JFii'oFCdi.nMON PLEAS, ciVIL. bivisioN.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 DISTRICT JUSTICES, IF THE JUDGMENT 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 DISTRICT JUSTICE.
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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
1-;\14\04
Date
tf
, District Justice
c"~rcvl ~opy ol'hjeCOrd of the pr'oc~gs containing the judgment. ..
V ~ ,District Justice
My commission expires first Monday of January, ~010 SEAL
I certify that this is a true a
\,;1\'24 \ D4 Date--
AOPC 315-03
DATE PRINTED:
6/24/04
10:59:41 AM
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09-3-04
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NOTICE OF JUDGMENTITRANSCRIPT
CIVil CASE
PLAINTIFF: NAME alld ADDRESS
'sENT CREEK LIMITED PARTNERSHIP r
5351 JAYCEE AVENUE
HARRISBURG, PA 17112
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,
lWMMONWEAL TH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag_ Disl. No:
OJ Name: Han.
THOMAS A. PLACEY
Add"" 104 S. SPORTING HILL RD.
MECH1\NICSBURG, PA
T"epho", (717) 761.'8230
17050
DEFENDANT: NAME al'ld ADDRESS
!JOHNSON, DOUGLAS, ET AL.
501 NORTH 36TH ST.
HARRISBURG, PA 17101
L
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BENT CREEK LIMITED PARTNERSHIP
5351 JAYCEE AVENUE
HARRISBURG, PA 17112
Docket No,: CV- 0000284 - 04
Date Filed: 5/13/04
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T/-AjS IS TO NOTIFY YOU THAT:
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Judgment was entered for:
(Name)
RRN'1' ~RRRR' T.TMT'I't;;n PlI.R'I'1\Tf:RRHTP
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Judgment was enterJ€l. against: (Name)
JOHNSON, /l.T,ERTA
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in the amount of $ ~ 1 , '" 1 . ~ on:
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Defendants are jointl~ and severally liabl~.
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(Date of Judgment)
6/?4/04
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(Date & Time)
,
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Damages will be assessed on: i'"
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/ Amount of Judgment $ 1,726.00
" Judgment Costs $ 87.50
Interest on Judgment $ .00
r Attorney Fees $ .00
"
r Total $ 1,813.50
/"
\
r.' Post Judgment Credits $
, Post Judgment Costs $
,j ------------
------------
c Certified Judgment Total $
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This case dismissed Wi\tlOUt prejudice:
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o Amount of Judgment Subject to
Attachment/42 Pa.pS. S 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $ I
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ANY PIljRTY HAS THE HIGHT 10 APPEAL WITHIN 30 DAYS AFTER THE=NTRY; OF JUDGMENT BY FILING A NOTICE
OF APPEAL wmrTHE PROTHOtij('TARVicLEii'KOF",,'Hf'Co"uFiTOF COMMON PLEAS, CIVIL DiVISION. YOU
j
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT 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 DISTRICT JUSTICE.
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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
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Date
" District Justice
I certify that this is a true \j "?-rrcvl GUPy r:J th3 record OT d,(.
k7\24' C4 Date J.
My commission expires first Monday of Januar~, 2010
ceedings containing the judgment.
, District Justice
SEAL .
AQpe 315-03
DATE PRINTED:
6/24/04
11:00:07 AM
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In the Court of Common I)leas
Cumberland County, Pennsylvania
Bent Creek Limited Partnership
5351 Jaycee Avenue
Harrisburg, P A 17112
Plaintiffs
Docket No.:
Writ No.:
Amount Due:
Principal:
Interest to
Clerk's Cost::
Sheriff's Cost:
Total (as of
V.
Douglas Johnson
501 North 36th Street
Harrisburg, PA 17101
Defendant
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$
$ 1813.50
$
$
$
) $
PETITION FOR A RULE TO SHOW CAUSE WHY AN ORDER
GRANTING WAGE ATTACHMENT SHOULD NOT ISSUE
AND NOW, cornes the Plaintiff, Bent Creek Limited Partnership, and hereby petitions
the Honorab]e Court to issue a Rule to Show Cause as to why relief in the instant Petition should
not be granted upon the Defendant, Douglas Johnson and the Defendant's employer, PP&L, Inc.,
payroll- TWI4, 2 North 9th Street, Allentown, PA ]8010, in support thereof avers as follows:
]. This matter arises out of a dispute concerning a re:sidentia11ease.
2. Judgment was entered against the Defendant by District Justice Thomas A. Placey,
Magisterial District 09-3-04 on June 24, 2004 in the amount of$I,726.00, Docket
Number CV-0000284-04. Post judgment costs increased this amount to $1,813.50,
which is shown on the certified judgment.
3. The District Justice Judgment was filed with this Court on _August 3, 2004, under
Docket Number 04-3803.
4. The Defendant is currently employed at PP&L, Inc., Bruner Island, York Haven, PA,
(PP&L, Inc., 2 North 9th Street, Allentown, PA 18010).
5. Pursuant to 42 Pa. C.S.A. Section 8]27, the Plaintiff is entitled to garnish 10% of the
net wages per pay period of the Defendant, this judgment debtor-tenant.
6. 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.
7. Copies of the District Justice Judgment and the proposed attachment order are
attached hereto.
WHEREFORE, the Plaintiff hereby requests that the Honorable Court issue the proposed
rule to show cause against both the Defendant, Douglas Johnson and his current employer,
PP&L, Inc., Payroll- TW14, 2 North 9th Street, Allentown, PA 18010, the department which
handles wage garnishments for PP&L, Inc.
Respectfully Submitted:
Date:
/O-I-Oc(
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Mark X. DiSanto
Bent Creek Limited Partnership
5351 Jaycee Avenue
Harrisburg, PA 17112
(717)657-5729
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BENT CREEK LIMITED
P ARTNERSHlP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
DOUGLAS JOHNSON,
Defendant
NO. 04-3803 CIVIL TERM
ORDER OF COURT
AND NOW, this 13th day of October, 2004, upon consideration of Plaintiffs
Petition for a Rule To Show Cause Why an Order Granting Wage Attachment Should
Not Issue, and it appearing that the Plaintiff is a limited partnership and that the petition
has been presented without representation by an attorney, the petition is denied without
prejudice. See Westmoreland County v. RTA Group, Inc., 767 A.2d 1144, 1149 n.8 (pa.
Commw. Ct. 2001).
BY THE COURT,
J.
Mark X. DiSanto
Bent Creek Limited Partnership
~5l Jaycee Avenue
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Harnsburg, PA 17112
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Plaintiff
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Douglas Johnson
001 North 36th Street
Harrisburg, PA 17101
Defendant
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BENT CREEK LIMITED
PARTNERSHIP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
DOUGLAS JOHNSON,
Defendant
NO. 04-3803 CIVIL TERM
ORDER OF COURT
AND NOW, this 18th day of October, 2004, upon consideration of Plaintiffs
Petition for a Rule To Show Cause Why an Order Granting Wage Attachment Should
Not Issue, and it appearing that Mark X. DiSanto had filed the petition on behalf of
Plaintiff in his capacity as a member of the Pennsylvania Bar, the order issued on October
13, 2004, is vacated and a Rule is issued upon Defendant to show cause, if any he has,
why the relief requested in the petition should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
Mark x. DiSanto, Esquire
Bent Creek Limited Partnership
5351 Jaycee Avenue
Harrisburg, PA 17112
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,gJQuglas Johnson
501 North 36th Street
Harrisburg, PA 17101
Defendant
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BENT CREEK LIMITED
PARTNERSHIP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
DOUGLAS JOHNSON,
Defendant
NO. 04-3803 CIVIL TERM
ORDER OF COURT
AND NOW, this 13th day of October, 2004, upon consideration of Plaintiffs
Petition for a Rule To Show Cause Why an Order Granting Wage Attachment Should
Not Issue, and it appearing that the Plaintiff is a limited partnership and that the petition
has been presented without representation by an attorney, the petition is denied without
prejudice. See Westmoreland County v. RTA Group, Inc., 767 A.2d 1144, 1149 n.8 (Pa.
Commw. Ct. 2001).
. 0
BY THE COURT,
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J.
Mark X. DiSanto
Bent Creek Limited Partnership
~5l Jaycee Avenue
'" .
HarrIsburg, P A 17112
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Plaintiff
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Douglas Johnson
001 North 36th Street
Harrisburg, P A 17101
Defendant
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In the Court of Common Pleas
Cumberland County, Pennsylvania
v.
Docket No.:
Writ No.:
Amount Due:
Principal:
Interest to
Clerk's Cost:
Sheriff's Cost:
Total (as of
04-3803
Bent Creek Limited Partnership
5351 Jaycee Avenue
Harrisburg, PA 17112
Plaintiffs
Douglas Johnson
501 North 36th Street
Harrisburg, PA 17101
Defendant
$
$ 1,813.50
$
$
$
) $
PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE
AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 206.7, Plaintiff,
Bent Creek Limited Partnership, hereby files this Motion to make Rule Absolute,
and in support of same avers as follows:
1. On October 1, 2004, Plaintiff, Bent Creek Limited Partnership, filed a
Petition for A Rule to Show Cause Why an Order Granting Wage
Attachment Should Not Issue.
2. On October 18, 2004, this Honorable Court issued a Rule to Show Cause
with a return of twenty (20) days.
3. Notice of the entry of the Order issuing a Rule to Show Cause Order was
sent to the Defendant on October 14, 2004.
4. The Defendant has not answered the Rule.
5. 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, PP&L, Inc., Payroll-TW14, 2 North 9th Street, Allentown, PA 18010,
as well as all current or subsequent employers.
Respectfully Submitted:
Date:
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Mark X. DiSanto, Attorney
PA Bar #51090
5351 Jaycee Avenue
Harrisburg, PA 17112
(717) 657-5729
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In the Court of Common Pleas
Cumberland County, Pennsylvania
BENT CREEK LIMITED PARTNERSHIP
5351 JAYCEE AVENUE
HARRISBURG, P A 17112
Plaintiffs
V.
Docket No.:
Writ No.:
Amount Due:
Principal:
Interest to
Clerk's Cost:
Sheriff's Cost:
Total (as of
04-3803
Douglas Johnson
501 North 36th Street
Harrisburg, PA 17101
Defendant
$
$ 1,813.50
$
$
$
) $
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving Plaintiffs Motion to Make Rule Absolute upon the
person and in the manner indicated below, which service satisfies the requirement ofPa. R.C.P.
440: Service by first class mail, addressed as follows:
Douglas Johnson
501 North 36th Street
Harrisburg, P A 17101
PP&L, Inc.
Payroll- TW14
2 North 9th Street
Allentown, PA 18010
Date:
I/..Jq.olf
Respectfully Submitted,
~LJJ
PA Bar #51090
5351 Jaycee Avenue
Harrisburg, P A 17112
717-657-5729
By:
BENT CREEK LIMITED
PARTNERSIDP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
DOUGLAS JOHNSON,
Defendant
NO. 04-3803 CIVIL TERM
ORDER OF COURT
AND NOW, this 18th day of October, 2004, upon consideration of Plaintiffs
Petition for a Rule To Show Cause Why an Order Granting Wage Attachment Should
Not Issue, and it appearing that Mark X. DiSanto had filed the petition on behalf of
Plaintiff in his capacity as a member of the Pennsylvania Bar, the order issued on October
13, 2004, is vacated and a Rule is issued upon Defendant to show cause, if any he has,
why the relief requested in the petition should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
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J.yvesley Oler, Jr.,
J.
Mark X. DiSanto, Esquire
Bent Creek Limited Partnership
5351 Jaycee Avenue
Harrisburg, P A 17112
Douglas Johnson
501 North 36th Street
Harrisburg, PA 17101
Defendant
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BENT CREEK LIMITED
PARTERSHIP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LA W
DOUGLAS JOHNSON,
Defendant
NO. 04-3803 CIVIL TERM
ORDER OF COURT
AND NOW, this 29th day of December, 2004, upon consideration of
Plaintiffs Motion to Make Rule Absolute, pursuant to Pennsylvania Rule of Civil
Procedure 206.7(a), for Defendant's failure to file a timely answer to the Rule to
Show Cause, issued by this court on October 18, 2004, and it appearing from the
record that no answer was filed by the Defendant, the motion to make rule
absolute is granted, and to following order of attachml~nt will be entered pursuant
to 42 Pa. C.S.A. Section 8127(a)(3.1):
1. Defendant's employer, PP&L Inc., Payroll--TW 14, 2 North 9th St.,
Allentown, P A 180 I 0, and any subsequent employer during the duration of this
attachment order, shall garnish Defendant's net wages per pay period, as defined
in 42 Pa. C.S.A. Section 8127(3.1), in the amount 10 pl~rcent or a sum not to place
Defendant's net income below the poverty income guidelines as provided annually
by the Federal Office of Management and Budget, whichever is less, made
payable to "Triple Crown Corporation". See 42 Pa. C.S.A. Section 8127(a)(3.1).
The order will remain in effect until the satisfaction of the Judgment entered on
June 24, 2004, for the amount of 1,813.50, by District Justice Thomas A. Placey.
This attachment ordered will be inferior to any attachment for support. See id. at
(b).
2. Defendant's employer, PP&L Inc., Payroll-- TW 14, 2 North 9th St.,
Allentown, P A 18010, and any subsequent employer during the duration of this
attachment order, shall submit such garnished wage:s to the Prothonotary of
Cumberland County, 1 Courthouse Square, Carlisle, PA 17103, who, upon
crediting the judgment for the amount submitted, will then forthwith remit such
garnishments to the Plaintiff, Bent Creek Limited Partnership, located at 5351
Jaycee Avenue, Harrisburg, P A 17112.
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Mark X. DiSanto
~nt Creek Limited Partnership
5351 Jaycee Avenue
Harrisburg, P A 17112
Plaintiff
/1)ouglas Johnson
501 North 36th Street
Harrisburg, P A 17101
Defendant
~L Inc., Payroll- TW 14
2 North 9th St., Allentown, PA 18010
Defendant's Employer
BY THE COURT
>4~
01-0'7-05
TRU:E COpy FROM RECORD
fn Testimony whereof, I here unto set my hand
and the se,~1 of sa d Cou '!.3{ Carlisle, Pa.
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Pro honotary
In the Court of Common lrleas
Cumberland County, Pennsylvania
v.
Docket No.:
Writ No.:
Amount Due:
Principal:
Interest to
Clerk's Cost:
Sheriff's Cost:
Total (as of
04-3803
Bent Creek Limited Partnership
5351 Jaycee Avenue
Harrisburg, P A 17112
Plaintiffs
$
$ 1,813.50
$
$
$
) $
Douglas Johnson
501 North 36th Street
Harrisburg, PA 17101
Defendant
PLAINTIFF'S MOTION TO MAKE RUI,E ABSOLUTE
AND NOW, Pursuant to Pennsylvania Rule of Civil Procedure 206.7, Plaintiff,
Bent Creek Limited Partnership, hereby files this Motion to make Rule Absolute,
and in support of same avers as follows:
1. On October 1, 2004, Plaintiff, Bent Creek Li.mited Partnership, filed a
Petition for A Rule to Show Cause Why an Order Granting Wage
Attachment Should Not Issue.
2. On October 18, 2004, this Honorable Court issued a Rule to Show Cause
with a return of twenty (20) days.
3. Notice of the entry of the Order issuing a Rule to Show Cause Order was
sent to the Defendant on October 14, 2004.
4. The Defendant has not answered the Rule.
5. 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, PP&L, Inc., Payroll-TW14, 2 North 9th Street, Allentown, PA 18010,
as well as all current or subsequent employers.
Respectfully Submitted:
Date:
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Mark X. DiSanto, Attorney
PA Bar #51090
5351 Jaycee Avenue
Harrisburg, P A 17112
(717) 657-5729
In the Court of Common Pleas
Cumberland County, Pennsylvania
BENT CREEK LIMITED PARTNERSHIP
5351 JAYCEE AVENUE
HARRISBURG, P A 17112
Plaintiffs
v.
Docket No.:
Writ No.:
Amount Due:
Principal:
Interest to
Clerk's Cost:
Sheriff's Cost:
Total (as of
04-3803
Douglas Johnson
501 North 36th Street
Harrisburg, PA 17101
Defendant
$
$ 1,813.50
$
$
$
) $
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving Plaintiffs Motion to Make Rule Absolute upon the
person and in the manner indicated below, which service satisfi.es the requirement ofPa. R.C.P.
440: Service by first class mail, addressed as follows:
Douglas Johnson
501 North 36th Street
Harrisburg, P A 17101
PP&L, Inc.
Payroll- TW14
2 North 9th Street
Allentown, P A 18010
Date:
1/-/1.. ()li
Respectfully Submitted,
~JJ
By: Mark DiSanto, Attorney
PA Bar #51090
5351 Jaycee Avenue
Harrisburg, P A 17112
717 -6:57 -5729
BENT CREEK LIMITED
P ARTNERSI-llP,
Plaintiff
IN THE COURT OF C0:MJ\.10N PLEAS OF
CUMBERLAND COl:NTY, PENNSYL VANIA
v.
CIVIL ACTION - LA vV'
DOUGLAS JOHNSON,
Defendant
NO. 04-3803 CIVIL TERM
ORDER OF COURT
AND NOW, this 18th day of October, 2004, upon consideration of Plaintiffs
Petition for a Rule To Show Cause Why an Order Granting Wage Attachment Should
Not Issue, and it appearing that Mark X. DiSanto had filed the petition on behalf of
Plaintiff in his capacity as a member of the Pennsylvania Bar, the order issued on October
13, 2004, is vacated and a Rule is issued upon Defendant to show cause, if any he has,
why the relief requested in the petition should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
Mark X. DiSanto, Esquire
Bent Creek Limited Partnership
5351 Jaycee Avenue
Harrisburg, P A 17112
Douglas Johnson
501 North 36th Street
Harrisburg, PA 17101
Defendant
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No, /;2('1'1 Y - 3 rn l' Civil. ~
LL'-9. 11 /7/01
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