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Home My WebLink About04-4449 09-3-04 61./ - 4'11./'1 (]~,{If/u-r? NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'BENT CREEK LIMIT~D PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 L -- I - COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. DisL No OJ Name: Han ,\ _..1 \ THOMAS A. PLACEY Addco" 104 S. SPORTING HILL RD. MECHANICSBURG, PA -.J VS. Telephoee (717) 761-8230 17050 D~Ef~DANT: NAME alld ADDRESS rfOx, MICHAEL, ET AL. 355 SCOTT ROAD SHERMAN, TX 75090 L I BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 Docket No,: CV- 0000285 - 04 Date Filed: 5/13/04 -.J . " i" !'I THIS IS TO NOTIFY YOU THAT: Judgment: " 'DEFAUf.T. '~'Pli'l'JI' ' -" ...:.....-~..~.~ '. [i] [i] Judgment was entered for: (Name) RRN'I' r.R'R'Rll: T.TMT'I''Rn PlI.R'J'N1i:RRHTP Judgment was entered against: (Name) COX, MICHlI.'RT. in the amount of $ 4,'>40.'-4 on: (Date of Judgment) 7/'-'-/04 D Defendants are jointly and severally liable, D Damages will be assessed on: D This case dismissed without prejudice, (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 4,421.74 $ 118.50 $ .00 $ .00 $ 4,540.24 D Amount of Judgment Subject to Attachmentl42 Pa,C,S, S 8127 $ D Portion of Judgment for physical damages arising out of residential lease $ Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY H~~IHE RIQ.HI-IQ_A.PP.1;AL WITHIN 311,DAYS A.FTER 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 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, ANYONEIl-lTERESTED 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\~~ Date tJ , District Justice I certify that this is a true a correct r.nry of th) rocord "~e p oceedings containing the judgment. "1 \~~ Date"'--- ~, ~ ,District Justice My commission expires first Monday of January, 2010 SEAL Aope 315,03 DATE PRINTED: 7/22/04 4:01:12 PM 09-3-04 04.,. i '/ . / Qic.>d... T~ NOTICE OF JUDGMENTITRANSC,RIPT CIVIL CASE PLAINTIFF: NAME ar'ld ADDRESS 'BENT CREEK LIMITED PARTNERSHIP I 5351 JAYCEE AVENUE HARRISBURG, PA 17112 ~ . "...... COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Disl No OJ Name: HOn THOMAS A. PLACEY Add.m 104 S. SPORTING HILL RD. MECHANICSBURG, PA L -.J VS. T,,,p'"'' (717) 761-8230 17050 DEFENDANT: NAME and ADDRESS !coX, MICHAEL, ET AL. 355 SCOTT ROAD SHERMAN, TX 75090 L I BENT CREEK LIMITED PARTNERSHIP 5351 JAYCEE AVENUE HARRISBURG, PA 17112 Docket No,: CV- 0000285 - 04 Date Filed: 5/13/04 -.J a~_ ~ .t' ..\ " THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMF.NT PLTF [i1 [i1 Judgment was entered for: RR1I1'I' C'.R'R'Rlf T.TMT'I''Rn Pl\R'1'1I1"RR~HTP 7/1.1./04 o o o ': (Date & Time) '] -\ This case dismissed Withoul~judice, ,-.,- Amount of Judgment Judgment Costs I nterest on Judgment Attorney Fees Total $ 4,421.74 $ 118.50 $ .00 $ .00 $ 4,540.24 O Amount of Judgment SUbjecfto., Attachment/42 Pa,C,S, S 8127 $ o Portion of Judgment for physi~J damages arising out of residentpl lease $ -? Post Judgment Credits Post Judgment Costs $ $ ------------ ------------ Certified Judgment Total $ '-.J ANY PARTY HAS THE RIGHT TO APPE~ITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICtJRK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, YOU MUST INCLUDE A COPY OF THIS NOTICE OF...JlJDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS 6THERWISE 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 \z4 ot\' tl , District Justice Date I certify that thiS IS a true a.... correct r.nry of tI"V:""~dings containing the judgment. '\2V\ 01 Date , District Justice I My commission expires first Monday of January, 2010 SEAL AOPC 315-03 DATE PRINTED: 7/22/04 4:01:36 PM ~ ?-:- AJ e ;0 t. f::. l~ ~ ~ ~ ~ ~ ~ ~ ~ _ r ~ ~ Cl ~ f r f ~; C? o c:::, -11 ..J::..'"" -4 ~ ~ (/) ::;::: :~; nl ........C. I " C_ ? ::--i 0 ~ ~. :s ~.;:... In the Court of Common Pleas 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. Michael Cox 355 Scott Road Sherman, TX 75090 Defendant 04-4449 Civil Term $ $ 2154.27 $ $ $ ) $ 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, Michael Cox and the Defendant's employer, Power Star Trucking, 2828 Forest Lane, Dallas, TX 75234, in support thereof avers as follows: I, 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 July 22, 2004 in the amount of $4,421.74, Docket Number CV-0000285-04. Post judgment costs increased this amount to $4,540,24, which is shown on the certified judgment. 3. Post judgment payments of$2,385.97 decreased the amount owed to $2,154.27. 4. The District Justice Judgment was filed with this Court on September I, 2004, under Docket Number 04-4449 Civil Term in the amount of 4,540.24. 5. The Defendant is currently employed at Power Star Trucking, 2828 Forest Lane, Dallas, TX 75234,. 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. . 8. 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, Michael Cox and his current employer, Power Star Trucking, 2828 Forest Lane, Dallas, TX 75234,. Respectfully Submitted: Date: \lJ.~'\.O~ ~~U Mark X. DiSanto, Attorney, P A Bar #51090 5351 Jaycee Avenue Harrisburg, PA 17112 (717)657-5729 0 "', 0 c:..,) , .;? -n t.:.n ;:=-~ :~ -' -..:; {lip -0 Iii I Tl ',-_! co , I .,,; Cl -C) \..:...' , "-;c) { .~, en ,,) --1 en c:,j ,< - BENT CREEK LIMITED PARTNERSHIP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MICHAEL COX, Defendant NO. 04-4449 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of November, 2005, upon consideration of the Plaintiffs Petition for a Rule To Show Cause Why an Order Granting Wage Attachment Should Not Issue, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted, RULE RETURNABLE within 20 days of service. BY THE COURT, J. Michael Cox 355 Scott Road Sherman, TX 75090 Defendant, pro se il-,h-o; (~ <~ Mark X. DiSanto, Esq. 5351 Jaycee Avenue Harrisburg, P A 17112 Attorney for Plaintiff :rc nJ :11 :8 !,~ J '-)'J ("t.. {~;;:~7 ~\',"' v.... In the Court of Common Pleas 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: Sheriffs Cost: Total (as of v. Michael Cox 355 Scott Road Sherman, TX 75090 Defendant 04-4449 Civil Term $ $ 2,154.27 $ $ $ ) $ PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE AND NOW, Pursuant to Pennsylvania Rule of Civil Proeedure 206.7, Plaintiff, Bent Creek Limited Partnership, hereby files this Motion to make Rule Absolute, and in support of same avers as follows: I. On October 27,2005, 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 November 21, 2005, this Honorable Court issued a Rule to Show Cause with a return of twenty (20) days. 3. The Defendant has not answered the Rule. 4. 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, Power Star Trucking, 2828 Forest Lane, Dallas, TX 75234, as well as all current or subsequent employers. Respectfully Submitted: Date: \'C1-ob ~.AbP Mark X. DiSanto, Attorney PA Bar #51090 5351 Jaycel~ Avenue Harrisburg, PA 17112 (717) 657-5729 () .n <-' ._c'. .- -- ('.., --- . -, In the Court of Common Pleas 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. Michael Cox 355 Scott Road Sherman, TX 75090 Defendant y JAN 1 2: 2006, 04-4449 Civil Term $ $2,154.27 $ $ $ ) $ ATTACHMENT ORDER z.o 0 Co AND NOW, this I S /1~ day of --J l on , 2.G&t, 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, Douglas Johnson, and the Defendant's employer, Power Star Trucking, 2828 Forest Lane, Dallas, TX 75234, it is hereby ORDERED AND DECREED as follows: 1. The Defendant's current employer, Power Star Trucking, 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 Defendant's current employer, Power Star Trucking, 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 I above, and made payable to Triple Crown Corporation agent for Bent Creek Limited Partnership to the Office of the Prothonotary 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 dL, (/" ,OLP \ .., 0\' J "._1 w: t,.;,.,~ i= I.l.. C) (0 ,",,'- ~.., --, .....~ c.:., '..;::::;; ,'^' --- '''--eos OlbS~, " " ft ~ ~~%r .:z.... 0 it"O.\, .. ~, -I , )( <>> ... ~ $ I<'~' ....\ ..~ ...' to,l' (1) .... (0,1 (.J (1,\ .... I... 0...-02 \llO~a ;:!..O::JC/l ~~%;n - c;qr- -oc~% "~~tO ... -a~ "'c CJ)~ "::"'. :::.: - ::..- = ,. .. :::. .. === - - - E::.~ .::..,.. - ~ '".. =-- -' = "" - :::- ;,. z (} '~ f.t it ft. ~ "rW.' )t. -I ,~ ~;i ~ .... ,. .... GRAYSON COUNTY SBElUFF"S OFFICE , 200 S CROCKE'IT . SHERMAN, TX 75090 903-813-4408 (2227) STATE OF TEXAS I.KEITH GARY, SHERIFF COUNTY OF GRAYSON 1 (\ c.~bJ~" ?cf.J.f ~~~: .~ 8111i1\11iP, BEING FIRST DULY SWORN UPON OATII, DEPOSE CZ1P ~.s=r S"DIfI4 I 5~_ ....A COPY OF '1lfE DOCUMENTS IN PERSON UPON ,.A1 jc-Jw. -e-I eX- 0,.. 'l/t~/C' ~ 'hi^- CC.x. ~~:;t. ~;,v:;;->>!)::'f.t:.... C,.....1<2 ".d~ ~ :r9o PC R. ~~ ON'1lfE .l-'f. DAY OF 14./ .... (J ,2WAT J ~ ~., Gmyson Coun1y STATE OF TEXAS Gmyson County . '1lfE FOREGOING INStRUMENT WAS ACKNpWLEDGED BEFORE ME TInS DAY OF ,2004. NOTARYPVBUC s '~"JtI.,l. 11."),i..l:l.,.3H;,~'." Ihl{! 1\,-13 . In'''''''' 13H30 S..L . SO :ll \1d B- ).~\ol 90 ,.,.~ l. <j'"' 'Jt1 U,j-!H_d ~ ..