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Home My WebLink About03-0325Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & WlCKERSHAM 315 N. Front Street P.O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff JOYCE WILDER & THOMAS SCItWARTZER, PLAINTIFF Vo PAMELA MESSNER, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA _. .- : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: KINDLY ENTER JUDGMENT in favor of Plaintiff and against the Defendant Pamela Messner, in the amount of $4,248.73, plus interest at the legal rate of 6% and costs of suit, pursuant to the judgment granted by District Justice Charles A. Clement, Jr. I hereby certify that no appeal has been made. BOSWELL, TINTNER, PICCOLA & WICKERSHAM Brigid (~. d, Esqui~j DATE: January 21, 2003 COMMONWEALTH OF PENNSYLVANIA COU, NTY OF Mag. Dist. No.: 09-1-01 DJ Name: Hon. CHARLES A. CLENRNT, JR. Address: 400 BRIDGE STREET OLDE TOWNE COMMONS ' SUITE 3 BI~;I~ CUMBERLAND, PA Telephone: (717) 774-5989 17070 JOYCE/THOMAS WILDER/SCHWARTZER 1726 BECKLEY DR NEW CUMBERLAND, PA 17070 NOTICE OF JUDGMENT/TRANSCRIPT PLAiNTiFF: RESIDENTIAL LEASE NAME and ADDRESS ~ILDER/SCHWARTZER, JOYCE/THOMAS ~ 1726 BECKLEY DR NEW CUMBERLAND, PA 17070 VS. DEFENDANT: NAME and ADDRESS ~MESSNER, PAMELA ~ 802 COLLIDGE ST h~WCUMBERLAND, PA 17070 Docket No.: LT-0000419-02 1 ~ Date Filed: 8/07/02 FOR PLAINTIFF WILDER/SCHWARTZER, JOYCE/THOMA in a · (Date of Judgment) 750.00. THIS IS TO NOTIFY yOU THAT: Judgment: ~ dudgment was entered for: (Name) Judgment was entered against MESSI~R, PAMELA [-~ Landlord/Tenant action in the amount of $ 4,248.73 on 8/21/02 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ o O0 J Rent in Arrears Physical Damages Leasehold Property Damages/Unjust Detention ~] Attachment Prohibited/ Victim of Abuse (Act 5, 1996) ~This case dismissed without prejudice. Possession granted. ~ Possession granted if money judgment Possession not granted. Total Amounts Establish~ed_, .... ~ ~J 0 hess- ~ Security Deposit Ap~)l~do :=$ Adjudica~e,d.j~8~o. ul~b. $ .00--$ .00 = $ .00 $ 372.73-$ .fi0 - $ 372.7;! Less Amt Due Defendant from Cross Complaint $ . Of~ Interest (if provided by lease) $ .00 L/T Judgment Amount $ 4:~2.73 Judgment Costs $ 96. O0 Attorney Fees $ .00 Total Judgment $ ~, 248.73 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ not satisfied Dy time of eviction. ~---] Defendants are jointly and severally liable. 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 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 LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN 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 MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE 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. ¢~ Date ' .' , District Justice Il, ce, rtify.~ ;¢-~ that this~: is a true an¢l,~rr~iC:t¢ Copy,~f the~6~co¢ of~_pro~in~g the judgment. I '~"' '~ .... Date ( ~(~/~,~__ ,District Justice I My commission expires f rst Monday of January, 2008 ~ "' ~ AOPC 315A-03 ' SEAL JOYCE WILDER & THOMAS SCHWARTZER, PLAINTIFF Vo PAMELA MESSNER, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA _. : : NO. : : CIVIL ACTION - LAW TO: PAMELA MESSNER, DEFENDANT You are hereby notified that on January 21, 2003, judgment has been entered against you in the above-captioned case in the amount of $4,248.73, plus interest at the legal rate of six (6%) percent, plus costs of suit. DATE: January 21, 2003 Prothonotary I hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Pamela Messner 162 Logan Road Dillsburg, PA 17019 TO: PAMELA MESSNER, DEFENDANT Por este medio se le esta notificando que el January 21, 2003, el siguiente Fallo ha sido antodo en contra suya en el caso mencionado en el epigrafe. FECHA: January 21, 2003 Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Pamela Messner 162 Logan Road Dillsburg, PA 17019 JOYCE WILDER & THOMAS SCHWARTZER, PLAINTIFF Vo PAMELA MESSNER, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW : CERTIFICATE OF RESIDENCE I hereby certify that the addresses of the parties in the above-captioned action are as follows: Joyce Wilder & Thomas Schwartzer 1726 Beckley Drive New Cumberland, PA 17070 Plaintiff Pamela Messner 162 Logan Road Dillsburg, PA 17019 Defendant c4~SWELL, T1NTNER, PICCOLA & · WliO~ERSHAM ~ise L. l:os~r, Para'legal l~ ~ "~1 W V ~`' d c'. -~ -,~, ~~, f...` -;.~~ -'~ ~~-'~+~ , . ~7 Y C:= ~-- K ~ w r- ~-=, ~ ~ W ~r \\ r VI - o ` + I~ L 1 ~~ ~~ M ~~ ~, - ;. c _ -~ --;.,, r ~a` - j,, 1 V ~ 1 .l ~' ~~~~ '~CJ :}Lt_ _ - i~ ;_-~ . ? .. -~-i .~- C~ ..< i IN THE COURT OF ~ Pr RAS OF ~k'~fAM) COUNTY, P]~-~fLVANI;~ CIVIL D1AFI S ION JOYCE WILDER & THOMAS SCHWARTZER, PLAINTIFFS PAMELA MESSNER, DEFENDANT : File NO. O~- J~j~' : Amount Due 4,248.73 nat the legal rate of 6% : In~ 0 : Arty' s Comm Costs from TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail instal/n~nt 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. · PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs-upon the following described property of the defendant(s) LEVY ON ALL PERSONAL PROPERTY, IN THE POSSESSION OF THE GARNISHEES JOYCE WILDER & THOMAS SCHWARTZER, LOCATED AT 802 COOLIDGE STREET (THE GARAGE) PRAECIPE FOR A~'fAC~4fZST EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND 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) THE GARNISHEES ARE THE LANDLORDS, JOYCE WILDER & THOMAS SCHWARTZER, LEVY ON ALL PROPERTY IN THEIR POSSESSION, LOCATED AT 802 COOLIDGE STREET ~d all other p~rty of the defender(s) in the ~ssession, ~stody or contel of the s~d g~ishee ( s ). (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: 1/21/2003 Signature: ~.,~. ~ Print Name:BRiulGID Q. ALFO~, ESQUIRE Address: PO BOX 741/315 N. FRONT STREET HARRISBURG, PA 17108-0741 Attorney for: PLAINTIFF Telephone: (717) 236-9377 Supreme Court ID No.: 38590 ~i- ~~ g ~ ~ c ~'' - v, = v , - Y - ,.:: ~..~ ~ _ r--. _~ ~~ . .. ~) . .r ~y! ~~ -<: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-325 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JO¥CE WILDER AND THOMAS SCHWARTZER Plaintiff (s) From PAMELA MESSNER, 162 LOGAN ROAD, DILLSBURG PA 17019, (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of JOYCE WILDER AND THOMAS SCHWARTZER, 802 COOLIDGE ST., NEW CUMBERLAND PA 17070. GARNISHEE(S) as follows: LEVY ON ALL PROPERTY IN THE POSSESSION OF GARNISHEES LOCATED AT 802 COOLIDGE ST., NEW CUMBERLAND PA 17070. 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. AmountDue $4,248.73 L.L. $.50 Interest from8/21/02 ~ 6% Atty's Comm % Atty Paid $37.25 Plaintiff Paid Date: JANUARY 21, 2003 (Seal) REQUESTING PARTY: Name BRIGID Q. ALFORD, ESQ. Address: P O BOX 741,315 N. FRONT ST. HARRISBURG PA 17108-0741 Attorney for: PLAINTIFF Telephone: (717) 236-9377 Supreme Court ID No. 38590 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary (A) (B) (c) 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) ALL CLAIMS TO THE PROCEEDS MUST BE FILED WITH THE SHERIFF BEFORE DISTRIBUTION. THE SHERIFF'S SCHEDULE OF DISTRIBUTION WILL BE FILED IN HIS OFFICE ON THE 1sT DAY OF APRIL 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 PAMELA MESSNER, AT, 802 COOLIDGE STREET, NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA. AND TO BE SOLD BY: CUMBERLANI) COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 R. THOMAS KLINE, SHERIFF CUMBERLAND COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 SHERIFF'S SALE BY VIRTUE OF WRIT OF EXECUTION NO. 2003-325 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 TIlE 27TM DAY OF MARCH 2003 AT 3:00 P.M., THE PROPERTY OF PAMELA MESSNER, AT, 802 COOLIDGE STREET, NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA- THE FOLLOWING PROPERTY TO WIT: TRASH CANS (4) OAK TABLE VACUUM CLEANER MISC. BED FRAMES TELEVISIONS (2) CHEST OF DRAWERS (2) MIRROR FLOOR LAMP FOOT MASSAGER CHARCOAL GRILL END TABLES ASST. POTS & PANS DRESSER HEADBOARD/FOOTBOARD ASST. DISHES CD'S RUGS MISC. CLOTHES MISC. PLASTIC STORAGE CONTAINERS TOOLS STEP LADDER EXTENSION CORD NUMEROUS MISC. ITEMS R. Thomas Kline, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of Pamela Messner, to Joyce Wilder and Thomas Schwartzer, at, 802 Coolidge Street, New Cumberland, Pennsylvania 17070, for the sum of $1.00, it being the higest bid and price quoted for the same. Date and Time of sale, Thursday MarCh 27, 2003 at 3:00 p.M.E.D.S.T., at 802 Coolidge Street, New Cumberland, Pennsylvania. Sworn and Subscribed to before me ~ne~~ this__. ~!~: it1~:~k .~ ~'~--*t~ , / . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-325 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JOYCE WILDER AND THOMAS SCHWARTZER Plaintiff (s) From PAMELA MESSNER, 162 LOGAN ROAD, DILLSBURG PA 17019, (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of JOYCE WILDER AND THOMAS SCHWARTZER, 802 COOLIDGE ST., NEW CUMBERLAND PA 17070. GARNISHEE(S) as follows: LEVY ON ALL PROPERTY IN THE POSSESSION OF GARNISHEES LOCATED AT 802 COOLIDGE ST., NEW CUMBERLAND PA 17070. 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 $4,248.73 L.L. $.50 Interest from 8/21/02 ~ 6% Atty's Comm % Atty Paid $37.25 PlainfiffPaid Date: JANUARY 21, 2003 Due Prothy $1.00 Other Costs (Seal) REQUESTING PARTY: Name BRIGID Q. ALFORD, ESQ. Address: p 0 BOX 741,315 N. FRONT ST. HARRISBURG PA 17108-0741 Attorney for: PLAINTIFF Telephone: (717) 236-9377 Supreme Court ID No. 38590 CURTIS R. LONG Prothonotary Deputy R. Thomas Kline, Sheriff, who being duly sworn according to law, states that a SheriWs Sale of personal property was held on Thursday March 27, 2003, at which time the personal property of Pamela Messner, was sold to Joyce Wilder and Thomas Schwartzerl by handing to them both personally, at, 802 Coolidge Street, New Cumberland, Pennsylvania 17070, for the sum of $1.00, it being the highest bid and best price quoted for the same. Date and Time of Sale, Thursday March 27, 2003 at 3:00 p.M.E.D.S.T, at 802 Coolidge Street, New Cumberland, Pennsylvania, 17070. This Writ is returned STAYED. Sheriff's Costs: Docketing $ 18.00 Poundage 2.23 Advertising 10.00 Law Library .50 Prothonotary 1.00 Milage 24.15 Cert. Mail Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee. 18.00 TOTAL $113.88 Pd by Defendant Sworn and Subscribed to before me This ~"~' day of_~ 003 CL_o_ Pro~otnotary So Answers; R. Thomas Kline,