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HomeMy WebLinkAbout03-0257COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dist. No.: 09-3-03 DJ Name: Hon. SUSAN K. DAY Address: 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA Te,ephone: (717) 4:86-7672 17065 CO UNTRYMANOR WEST 2 APPLE ALLEY CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF:RESIDENTIAL LEASE NAME and ADDRESS CO Ry WEST 2 APPLE ALLEY CARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS FDEMKO, ETAL, THEA ~ 375 PIN OAK LANE CARLISLE, PA 17013 [--~ Attachment Prohibited/ Victim of Abuse (Act 5, t 996) ~--] This case dismissed without prejudice. Possession granted. Docket No.: LT-0000134- 02 Date Filed: 5/20/02 $ 728.1q $ 85.13 $ $ 813.32 ~--~ Possession not granted. J-~ Defendants are jointly and severally liable. L--'-] Levy is stayed for~ days or ~ generally stayed. ~ Objection to Levy has been filed and hearing will be held: IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSIOI~ 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 DIV SION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OSTA N A SUPERSEDEAS, 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 PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL !.EASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO/FILE A N T CE OF APPEAL WITH THE PROTHONOTARY/C. LFRK OF COURTS OF THE COURT OF COMMON ~--~. CiViL D,ViSiON. . _ THE PARTY FILING AN APPEAL MUS, If~LUI:~E A COPY OF TJ~ )TIc~A~DGMENT/TRANSCRIPT FORM WITH THE NOTI~CE OF APPEAL. ce'rt, ;tOat2~'t ~s~sD~t~rue orr.., v,-, ,,~ ,~i ' ' ~~strictJustice ~ , 'strict JusticeJ ~onday of January, 2004. Z--L~/r .DJ SEAL E-~ Possession granted if money judgment L/T Judgment Amount Judgment Costs Attorney Fees Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total not sanstled Dy time of ewcnon. THIS IS TO NOTIFY YOU THAT: Judgment: _ FOR PT.ATNTIFF ~-] Judgment was entered for: (Name) COUNTRY MANOR WEST Judgment was entered against ~ in a Landlord/Tenant action in the amount of $ ~ _ 813.32 on 6/03/02 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ · 00. The total amount of the Security Deposit is $. · 00 iRent in Arrears $ Total Amount Established~y. Qj _ Less. Security Deposit Ap Ii d = Adjudicated ou Physical Damages Leasehold Property $ O" Damages/Unjust Detention t '~ Less Amt Due D'e~ieOndanSt from Cross Compl~n~) - ~ 'O~/ = Interest (if provided by lease) $ INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAEClPE FOR WRIT OF EXECUTION Caption: VS. TO THE PROTHONOTARY OF THF: SAID COURT: ( 'J' Confessed Judgment (V') Other File No. 0 ~ ~ ~ ~ "7 Amount Due ~'( .~, 3 oqk Interest '------- Atty's Comm '-- -° Costs / 9, ,2:5'"' 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 ~u-m 0,e ~') O_r~c~ County, for debt, interest and costs, upon the following described property of the defendant(s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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). defendant(s) described in the attached exhibit. Date t} ~ }03 Signature: Print Name: Address: (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the Attorney for: Telephone: Supreme Court ID No.: (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. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-257 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRY MANOR WEST, Plaintiff (s) From THEA DEMKO, 375 PIN OAK LN., CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON MOBILE HOME (SEE ATTACHED SHEET FOR MOBILE HOME INFORNIATION) AND ALL PERSONAL POSSESSION AND CONTENT IN AND AROUND HOME. (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 garnishee(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 $813.32 Interest L.L. $.50 Atty's Comm % Due Prothy $1.00 AttyPaid $2.50 Other Costs Plaintiff Paid $34.25 Date: JANUARY 30, 2003 (Seal) REQUESTING PARTY: Name SCOTT A. BEAVERSON, ESQUIRE Address: 204 N. GEORGE ST., SUITE 200 YORK, PA 17401 Attorney for: PLAINTIFF Telephone: 717-843-8500 Supreme Court ID No. 47322 CURTIS R. LONG Prothono. J~ Deputy 10/25/2002 01:05 7172688124 LEANNE HELLER GSP MA PAGE 03 OWNER PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 10/25/02 PAGE 0~98179&000091 : THEA S DEMKO q210 8TH COURT LANTANA FL 3S¢62 LESSEE : NONE 00~ TITLE NUMBER : Z828q950 TAG NUMBER : YIN : 122071Z6 MAKE : REDMAN MODEL ~ RENEWAL WID : PREVIOUS TAG : LIENS ~ NO STOPS : NO TITLE BRAND INFORMAIION NO TITLE BRANDS EXIST FOR THIS TITLE TITLE DATE : 10/26/76 REGISTRATION EXPIRY DATE: BO~Y TYPE : NH ODOMETER READING ~EXEMPT BY FED LAW DUPLICATE TITLE COUNT : I VEHICLE YEAR : 1976 STOLEN DATE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-869L INFORMATION: (7:00 AM TO 9:00 PM) IN STATE 1-800-932-6&00 OUT-OF-STATE 717-391-6190 TOD IN STATE 1-800-gZS-O&76 TOD OUT-OF-STATE 717-~92-619! WWW.DOT.STATE.PA.US SHERIFF'S RETURN - GARNISHEE CASE NO: 2003-00257 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND COUNTRY MANOR WEST DEMKO THEA VS And now VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0009:17 Hours, on the 10th day of February , 2003, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , DEMKO THEA , in the hands, possession, or control of the within named Garnishee KATHY NOBLE 375 PIN OAK LANE CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to KATHY NOBLE personally 1 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her Sheriff's Costs: Docketing Service Affidavit Surcharge 00 00 00 00 00 00 R. Thomas Kline Sheriff of Cumberland County 00/00/0000By v//~ ~-~o Deputy Sheriff- So answers: Sworn and subscribed to before me this ~2~ ~ day of J~ ProthOnotary -- ' ' ' R. Thomas Kline, Sheriff, who being duly sworn according to law, states that a Sheriff's Sale of personal property was held on Thursday May 22, 2003, at which time the personal property of Thea Demko, one 1976 Redman mobile home, Vin. No. 12207126 and its contents, were sold to Country Manor West, by handing to registered agent Kathy Noble, of, Number Two, Apple Alley, Carlisle, Pennsylvania 17013, for the sum of $1.00, it being the highest bid and best price quoted for the same. Date and Time of Sale, Thursday May 22, 2003 at 1:00 P.M.E.D.S.T., at, 375 Pin Oak Lane, Car. lisle, Pennsylvania, 17013. This Writ is returned STAYED. Sheriff' s Costs: Docketing $ 18.00 Poundage 16.26 Advertising 10.00 Law Library .50 Prothonotary 1.00 Milage 8.28 Cert. Mail Surcharge 30.00 Levy 20.00 Post Pone Sale Garnishee 9.00 TOTAL $113.04 Pd by Defendant Sworn and Subscribed to before me This /q~.~ day of ~ Profhohotary So Answers: . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-257 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRY MANOR WEST, Plaintiff (s) From THEA DEMKO, 375 PIN OAK LN., CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON MOBILE HOME (SEE ATTACHED SHEET FOR MOBILE HOME INFORMATION) AND ALL PERSONAL POSSESSION AND CONTENT IN AND AROUND HOME. (2) You are also directed to attach the property of thc defendant(s) not levied upon in thc possession of GARNISHEE(S) as follows: and to notify the garnishee(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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named ganfishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $813.32 Interest Atty's Comm % Atty Paid $2.50 Plaimiff Paid $34.25 Date: JANUARY 30, 2003 (Seal) REQUESTING PARTY: Name SCOTT A. BEAVERSON, ESQUIRE Address: 204 N. GEORGE ST., SUITE 200 YORK, PA 17401 Attorney for: PLAINTIFF Telephone: 717-843-8500 Supreme Court ID No. 47322 L.L. $.5O Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono~ Deputy SHERIFF'S SALE BY VIRTUE OF WRIT OF EXECUTION NO. 2003-257 CIVIL TERM ISSUED OUT OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND TO ME DIRECTED, I WILL EXPOSE TO PUBLIC SALE ON THURSDAY TItE 22~D DAY OF MAY 2003 AT 1:00 P.M., THE PROPERTY OF THEA DEMKO, AT, 375 P1N OAK LANE, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. THE FOLLOWiNG PROPERTY TO WIT: 1976 REDMAN MOBILE HOME MODEL: NEW MOON VIN NO. 12207126 SOFA COFFEE/END TABLES CART BED TELEPHONE STOOL NORDIC FLEX GOLD ORGAN (CRAWFORD) CHEST OF DRAWERS CHAIRS OTTOMANS (2) BREAD BOX LAMPS DESK 8' X 12' SHED SNOW SHOVELS (2) WEIGHT BAR W/WEIGHTS (A) ALL CLAIMS TO PROPERTY MUST BE CERTIFIED AND FILED WITH THE SHERIFF BEFORE THE SALE, ALONG WITH THE PRESCRIBED FEE OF FIFTY-FIVE DOLLARS ($55.00) (B) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF BEFORE DISTRIBUTION. (c) THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED 1N HIS OFFICE ON THE 27TM DAY OF MAY 2003 NOT LATER THAN FIVE (5) DAYS AFTER THE SALE, AND DISTRIBUTION WILL BE MADE IN ACCORDANCE WITH THE SCHEDULE UNLESS EXCEPTIONS ARE FILED WITHIN THE TEN (10) DAYS THEREAFTER. TOGETHER WITH ALL THE BALANCE OF THE DEFENDANT'S PERSONAL PROPERTY SEIZED AND TAKEN IN EXECUTION AS PROPERTY OF THEA DEMKO, AT, 375 PIN OAK LANE, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. AND TO BE SOLD BY: R. THOMAS KLINE, SHERIFF CUMBERLAND COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 POSTED ~"'/~ '~ ~'J ~ ~ CUMBERLAND COUNTY ~ SHERIFF'S OFFICE CARLISLE, PA 17013 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that a Sheriff's Sale of personal property was held on Thursday May 22, 2003, at which time the personal property of Thea Demko, one 1976 Redman mobile home, Vin. No. 12207126 and its contents, were sold to Country Manor West, by handing to registered agent Kathy Noble, of, Number Two, Apple Alley, Carlisle, Pennsylvania 17013, for the sum of $1.00, it being the highest bid and best price quoted for the same. Date and Time of Sale, Thursday May 22, 2003 at 1:00 P.M.E.D.S.T., at, 375 Pin Oak Lane, Carlisle, Pennsylvania, 17013. This Writ is returned STAYED. Sworn and Subscribed to before me This day of 2003 A.D. Prothonotary R. THOMAS KLINE Sheriff EDWARD L, SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy May 30, 2003 Commonwealth of Pennsylvania- Department of Revenue Bureau of Motor Vehicles Harrisburg, PA 17109 Country Manor West ~vs- Thea Demko Dear Sir, Reference is made to Sheriff's Sale dated May 22, 2003, and pertaining to Writ of Execution No. 2003-257 Civil Term, in the above mentioned case. On January 30, 2003 the above execution was issued by the Cumberland County Prothonotary's Office, Carlisle, Pennsylvania with instruction to levy on one 1976 Redman, New Moon Mobile Home, Vin. No. 12207126, title owner Thea Demko. On February 10, 2003 said execution was served upon Kathy Noble, Garnishee in possession of said mobile home, at 375 Pin Oak Lane, Carlisle, Pennsylvania 17013 at which time above mentioned mobile home and its contents levied upon. On April 16, 2003, Sheriff Sale Bills, with sale scheduled for Thursday May 22, 2003 at 1:00 P.M. were posted on the abovementioned mobile home at 375 Pin Oak Lane, Carlisle, Cumberland County, Pennsylvania 17013. On May 22, 2003 at 1:00 P.M. at 375 Pin Oak Lane, Carlisle, a Sheriff's Sale was conducted at which time said mobile home and its contents were sold to Country Manor West, by handing to registered agent Kathy Noble, of 2 Apple Alley, Carlisle, Pennsylvania 17013 for the sum of $1.00 it being the highest bid and price quoted for the same. Very T~ly Yours, R. Thomas Kline