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HomeMy WebLinkAbout02-4646COMMONWEALTH OF PENNSYLVANIA rnl INTv n1=• CUMBERLAND 09-3-02 NOTICE OF JU GMENT/TRANSCRIPT --? PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS DJ Name. Hon. HELEN B. SHULENBERGER Adders. P .O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA Telephone (717 776-3187 17241 ?MUMMA, JOHN E. P. O. BOX 158 CARLISLE, PA 17013 L J VS. DEFENDANT: NAME and ADDRESS FSPENCER, LEON 7 1950E FRYLOOP AVENUE CARLISLE, PA 17013 JOHN E. MOMMA L J P. O. BOX 158 Docket No.: LT-0000104 02 CARLISLE, PA 17013 Date Filed: 7/29/02 ld& THIS IS TO NOTIFY YOU THAT: ? Judgment: FOR PLAINTIFF u Judgment was entered for: (Name) MUMMA, JOHN E. Judgment was entered against _ SPENCER, LEON in a 0 Landlord/Tenant action in the amount of $ 1, 619.19 on 8/13/02 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ .00. The total amount of the Securitv Deoosit is $- 475.00 Rent in Total Amount Established hi Less • Security Deposit AID DliQd y pp = Arrears $ 00 - = Adjudicated ou t ?tp $ $ Physical Damages Leasehold Property $ 1,266:73 - $ .00 = $ 1,266 73 Damages/Unjust Detention $ 120 1 - $ _ 00 = $ . 120 _51 Less Amt Due Defendant from Cross Complaint - $ -00 Interest (if provided by lease) $ -no UT Jud m nt A t Att h P g e moun $ 1 12 2g ac ment rohibited/ Judgment Costs $ 86 95 Victim of Abuse (Act 5, 1996) Attorney Fees $ - On ? This case dismissed without prejudice. Total Judgment $ _ 1,619.19 0 Possession granted. ? Possession granted if money judgment is no sa Is I ey © Possession not granted. ? Levy is stayed for days or ? generally stayed. ? Objection to Levy has been filed and hearing will be held: Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Defendants are jointly and severally liable. Time IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDERS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF"A PAINTY'WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JU DGMENTIN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MU I CLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. IT' 'o to r ,District Justice certl y t at t is is a true an Corr ct Copy 07 the recor o e proceedings containing the judgment. ?` - Qate UJ L. 19 District Justice My commission expires first Monday of January, 2006 - or ( AnPn III.-. SEAL ?r c rv b H ?Z\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: JOh h Li M M G` Ca-r' l t s le P? r-to l 3 vs. ?- l? 50 !?3 Fr4 loop Ax, Cc?c?15L? PA 1-iot3 ( ) Confessed Judgment ( ) Other ??11 , / l? File No. ynoc - 76 Amount Duel Interest Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of 0, u M 11 sir I a 8 r1 County, for debt, interest and costs, upon the following described property of the defendant(s) 601 pOrson I' n rc? ?r?c? ? I PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of LI vnyet a ac// County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). 171 (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date I j,g 1 Q Signature: Print Name: Jnh tnftlu, M Ma Address: PQ IRo X, L5 R PA um or: Telephone: (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. Q 8 ?v 5 C N U .Oul C/5' n i(T! -D - T1 >r ?- ? ?L N jrn 3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N002-4616 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due John E. Mumma Plaintiff (s) From Leon Spencer 1950 B Fryloop Ave Carlisle PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell All Personal Property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$352.46 L.L. Interest Atty's Comm % Due Prothy $1.00 Atty Paid Other Costs Plaintiff Paid $34.25 Date: September 26, 2002 CURTIS R. LONG Prothono (Seal) v? By: / t Deputy REQUESTING PARTY: Name John E. Mumma Address: P.O. Box 158 Carlisle PA 17013 Attorney for: Telephone: 717243-9610 Supreme Court ID No. TRUE COPY FP-,xW REOORD In S'Ifiy3Y#(FYr a41i tp: I , S 'a`ve L-vto set ff y hand and tt of z?a;i? C-, at Carlisle. l h r C+ J' N. e of of notary _? ?f2c/sLf? v?• /jai IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS_ CIVIL DIVISION 0 NO. CIVIL TERM PRAECIPE FOR WRIT OF ATTACHMENT TO THE PROTHONOTARY: Please issue a Writ of Attachment to attach the wages of Defendant, ? ? ? S"?? ? e , at/from C /< t' (name & address of employer] "2 16 -Ole" s'rw"tip' so as to satisfy the damage portion of that final .,judgment entered in the above-captioned matter in the amount of $?? 2 ?,6, 3 said damages arising out of a residential lease between the Plaintiff and the Defendant for that leasehold premises located at (address of premises where damage occurred) said wage attachment being requested pursuant to 42 PA C.S.A. §8127, as amended by House Bill No. 908, Act No. 5 of 1996, effective February 15, 1996. All such attached wages should be sent to the Plaintiff (name & address) DATE: - / flIZO 2 Signature: Print Name: Address: /? G• Ly ! S'? Telephone: 9 / 7,2 Supreme Court ID No.: 1- Q P- v? tT, ?y c r ._, G L' C Z_ t Y C=_ l A r? H ? a r 1 t , John E. .1%h mma P.O. Box 158 Carlisle PA 17013 vs. Leon Spencer 1950 B Frylopp Avenue Carlisle PA 17013 TO: GreenRidge Village 210 Big Spring Road, Newville PA 17241 RE: Leon Spencer 1950 B Fryloop Avenue Carlisle PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No- 02-4646 CIVIL TERM WRIT OF ATTACHMENT The above employer shall attach and deduct from the wages of the above employee a sun not to exceed ten (108) of the net wages per pay period of said employee or a sun not to place employee's net income below the poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less. "Net wages" shall mean all wages paid, less only the following items: 1. Federal, state and local income taxes; 2. F.I.C.A. payments and non-voluntary retirement payments; 3. Union dues; and, 4. Health insurance premiums The amount of wages to be attached shall total $ $1266.73 The employer shall send the attached wages to the Prothonota (plus costs) Courthouse, 1 Courthouse rY, Cumberland County Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: ?john E. Mumma within fifteen (15) days from the close of the last pay period in each month. The employer shall be entitled to deduct from the wages collected from the employee pursuant hereto the costs incurred from the extra bookkeeping necessary to implement the terns within the Writ of Attachment, not exceeding $5.00 of the amount of the wages so deducted. If you, the employer, are served with more than one Writ of Attachment for damages arising out of a residential lease against the same employee, then the wage attachments shall be satisfied in the order in which said Writs of Attacment were served. Each prior wage attachment shall be satisfied before any effect is given to a subsequent attachment. You shall not take any adverse action against the employee solely because his wages, salaries or commissions have been attached. Violations may result in W you being adjudged in contempt and committed to jail or fined by the court and (ii) an action against you by the employee for damages. Willful failure to comply with this Writ of Attachment may result in (i) you being adjudged in contempt of court and committed to jail or fined by the court; (ii) ycu being held liable for any amount not withheld, or withheld but not forwarded to the Prothonotary's Office; and, (iii) attachment of your funds or property. This Writ of Attachment has been entered pursuant to 42 PA. C.S.A. §8127, as amended by House Bill 908, Act 5 of 1996, effective February 15, 1996. A Copy of this Writ of Attachment has been sent by U.S. Mail, postage prepaid, to the employee's last known address at: Leon Spencer 1950 B Fryloop Avenue, Carlisle PA 17013 Any questions should be directed to the Plaintiff-Creditor: .7nhn E m urna P.O. Box 158 Carlisle PA 17013 Date: Sep enb r 26, 2002 Prothonotary: R Long_ Costs: $15.00 By Deputy: r 1 r rv C3 O .0 1a O 0 O M m m a- R' c r Postage J$ Certlfed Fee I I Postmark Hera Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor ?o?fit2' of ??unr?ert??d RONNY R. ANDERSON ex"' Chief Deputy JODY S. SMITH OFFICE OF THE SHERIFF Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 October 18, 2002 c ° n John E. Mumma . VS i Leon Spencer y G y G No. 2002-46*6 Civil Term `- I?YI Property Claim Determination ;:, Dear Sir, Reference is made to Property Claim dated October 8, 2002 entered by Thomas Sheffield pertaining to Writ of Execution No. 2002-4616 Civil Term, John E. Mumma -vs- Leon Spencer. R. Thomas Kline, Sheriff, has determined that the claimant, Thomas Sheffield, in the above mentioned property claim, is prima facie the owner of the property set forth therein. So Answers: R. Thomas Kline, S eriff ZLAvr6-,i "At cc: John E. Mumma, Pltff Leon Spencer, Defendant Thomas Sheffield, Claimant PROPERTY CLAIM o 4'Z(Vn'l q VS TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania 61 'P 1? Writ No. oa - The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PRnvunm., 1vl2 (_v, VALUE /7114- ?ine-1 tt `?ab?e CO 4CA? C?irE%2s?` /s ` .v0 ego ctcc?? /3?/' Cayr??onc?' PROPERTY CLAIM ---S- D M /Vt k- VS ??/Y! S D?zr2 C e?r'L TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. Dot _ 4/ / 4 The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY -7 /2llt C'Olo2 !.G VALUE 3? DD n?A - q n? lla- ! 5 -T eti , •/, rn? rr ?ti.?0 ?? s< rSca?c? i $Q 00 ?. ? lcccL,lf p'?" p Cl 4s / `m VW uni 11L s ao C-11 21 ,gym , t? / 3o vG 1&le S,e -+ So ?? OD OCi dl:hnF?es A&o oC? DVO ?e THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS S arU.zea' Sy ?c?se?f %7?2 Date L ?' f' Q ClaimantfCj?? State of Pennsylvania: County of Cumberland ' being duly sworn according to law, deposes and says that the above list in the prope lai a correct and true. r Sw'ina su sc _ larmant P11 MIS I ° D 7?B7nnissionExpireslpril4.2005 CA,eli sLe e4. L?61'3 r,Z-'46 - 6.723 (?r'n ?1 ? TabLe d-C?i¢S??? C?'7e?c.S r/s PaT S k'?;/iu?e?zato7 Sl ve ?Q' Sft?'2 /fir"x??2 c2l6 t Po% (DCc5^lc,? lele?lbf e5(--4 f2t c % o (,Jo-u-?- ?f Sl{?? F 431iz6APm-?-`e4c C,A((4"? r'tQ tQc ",,c Fe? 6,6E 55442 It?i `j # % !¢La-Llrr se f ? Df? c e c?,2 ?QSC'2r< ?S Clr?i? ?-c 2 /pa . cYj 8S_oo ?ozc?a2e? l3? l??Lorjc?) ?a coo loo , po 00 r'o, va S? sac, Zs- o? 00 3C?v .aC3 g en Lfs-O0 S.S. aQ l nom. ec) Sop . vv Soo rfa cX' .ter ?_G7G loo, od 3?_Ua lG - 300. UCH R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per Pennsylvania Rules of Court 3206 (C). Property Claim Sheriff's Costs: Advance Costs: Sheriff's Costs: 150.00 64,t? 85.31 Docketing 18.00 Poundage 1.24 Advertising Law Library .50 Prothonotary 1.00 Mileage 3.45 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee 6 :1 Sworn and Subscribed to before me This I C- day of 2002 A.D.j?? Q, T Prothonotary j )J C _. Refunded toAttyon 10/29/02 So Ans er R. Thomas Kline, Sheriff Oja_tj By 6h- 2F 7'1V /d, /3iYoo WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) 4.v<. NO02-46#6 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due John E. Mumma Plaintiff (s) From Leon Spencer 1950 B Fryloop Ave Carlisle PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell All Personal Property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$352.46 L.L. Interest Arty's Comm % Due Prothy $1.00 Atty Paid Other Costs Plaintiff Paid $34.25 Date: September 26, 2002 CURTIS R. LONG Prothono (Seal) By' Deputy REQUESTING PARTY: Name John E. Mumma Address: P.O. Box 158 Carlisle PA 17013 Attorney for: Telephone: 717243-9610 Supreme Court ID No. ---,apt 6WUS16 P4.0613 - ------------ OliF In the Court of Common Pleas of Cumberland County, Pennsylvania vs. LgopI3 V PC/1G6-Je Judgment in favor of Plaintiff on -____ O f 13Ja - ------------------------------------- -- J Q - -------- .: - - - ' --' -- for $.1?1` .19 gs-aL3 _ Fiey,Gcc?P_AV6-N a ps ?t??1-?-- &WLl No:9T'?0/b7-42--------------- Term, 19------ --- ?S'L? ,'Pf1 / 7dl3 ------ ------------------------ Entered ---------------------------------- 64H'- WWMM- & ------------------------------------------------------ Plaintiff in the above judgment, do appear yand acknowledge that this day have had and received and frnm the de:endant in the above Judjmcnt, full payment and saisfaction of the sar.ie, with interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. And further, __[? do hereby authorize and empower---___775 -- ------------------ -------------------- theProthonotary of said Court, to appear e - --------------------- and in M"I name and stead to enter full satisfaction upon the record of said judgment, as fully and effectually, to all intents and purposes, as I could were _? personally present in person to do so. And for so doing this shall be your sufficient warrant of authority. In tes ' ony whereof, have hereunto set our hands and seals this _ ------------------------------- __7 L9r-- day of ---- ------------------------------------- --- ----------------------------------------- (Seal) ---------------------------------------------- (Seal) State of Pennsylvania --------------•-------------------------------- (Seal) County of Cumberland, UN?M Personally appeared before me, the subscriber, _ JU --- = -- _7 ------------------ ------------------------------------------------------ ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------- ----------------------------------------------------------------------------------------- the Plaintiff in the above judgment, and in due form of law acknowledged the within and foregoing Power of Attorney to satisfy the Judg- ment set forth, to be act and deed, and desired that the samc_ shall be filed of record in the office of the Prothon- otary of the Court of Common Pleas of said County. In tes on Y w seal this ---- -------------------------------------- day of _ DAWN M. CAREY, Notary Public A i? - - ---- - -- - Bor-o di C8rlisle,-Cumt?ertarid-Caohty - ------ My Commission Expires Nov. 28, 2010 ?. - -- - ---- - --------------------- (Seal) ---------------------------------------------- 0 r ?. O i ?, m y ? ? ? ? ' i ? O '? M J t i ? ro „'? ' 5 ? ? I, ? Y^e 5 1 1 1 r`) i r 1 1 4 ??_ _.?.1 ? •_?-:o ...- ` v ? T >. ? aa? - jt% '?{?) _ ? , ? ? . r _.,_, --? ?`+