HomeMy WebLinkAbout03-2315LAW OFFICES OF
STEPHEN J. HOC~
19 S. HANOVER STREET
SUITE 101
CARLISLE, PA 17013
Plaintiff
VS.
Breeden, Jason, et al.,
Defendants
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY,
· PENNSYLVANNIA
· Civil Division
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY OF SAID COURT:
Please enter the attached Judgment on the above captioned
matter in favor of the Plaintiff and against the Defendant.
Date:
btephen J. H/e~, Esquire
Attorney for Plfiintiff
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUI~ERL~Np
Mag. Dist. No.:
09-'2-01'
DJ Name: Hon.
PAULA P. COP, REAL
Address: I COURTHOUSE SQUARE
CARLISLE, PA
Telephone: (717)
240-6564
17013-0000
J & S CALIFORNIA ENTERPRISE
19 S I-I~NOV~R ST
CARLISLE, PA 17013
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
Cj a S CALIFORNIA-ENTERPRISE -q
19 S HANOVER ST
CARLISLE, PA 17013
VS.
DEFENDANT: NAME and ADDRESS
FBREEDEN, JASON, ET AL. -q
17 S HANOVER BT
2ND FLOOR
~-RLIST.E, PA 17013 /
Docket No.: ~.T-0000035-03
Date Filed: 1/31/03
THIS IS TO NOTIFY YOU THAT:
Jud~gment:
~1 Judgment was entered for: '
Judgment was entered against BREEDEN~ JASON
~ Landlord/Tenant action in the amount of $ 1,498.40 on 2/13/03
The amount of rent per month, as established by the District Justice, is $
450.00
FOR PT.aTNTIFF
-'(Name)
The total amount of the Security Deposit is $
in a
· (Date of Judgment)
450.00.
Total Amount Establish~ J~[~d J 0~es_s~Security Deposit A.p~)l~d : Adjudicate,d3%%o.usb
Rent in Arrears $ -,---- . = $
Physical Damages Leasehold Property $ o 00 -- $. .00 = $ .00
Damages/Unjust Detention $ . O0 -- $ .00 = $ . O0
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ _ oD
L/T Judgment Amount $ 1: 395. O0
r--~ Attachment Prohibited/ Judgment Costs $ 103 40
Victim of Abuse (Act 5, 1996) Attorney Fees $ _ DO
r-'-~ This case dismissed without prejudice· Total Judgment $ 1,498 ° 40
Post Judgment Credits $
Possession
granted·
Post Judgment Costs $.
Certified Judgment Total $
E~ PossessiOn granted if money judgment ; not sat~st~ea Dy t~me ct ewct~on.
~ Possession not granted· [~ Defendants are jointly and severally liable.
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANy pARTY HAS-TH[~ 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.
2/13/03 Date ( .,-m , District Justice
}1 certify that this is a true an~t'e'~c,~py~the r~~0ceedin~j~C0~'ining the judgment.
[2/13/03 Date .......... / ~-'~~_._~ //~./&~--~' ,District Justice
My commission expire~day of Januar-"~, 20~ ~' SEAL
AOPC 315A-03
COMMONWEALTH OF PENNSYLVANIA "'
COUNTY OF: CUMBERLAND
Mag. Dist. No,:
09 -2-01'
DJ Name: Hon.
PAULA P. CORREAL
Address: I COURTHOUSE SQUARE
CARLISLE, PA
Telephone: (717) 240-6564
17013-0000
PAULA P. CORREAL
i COURTHOUSE SQUARE
CARLISLE, PA 17013-0000
NOTICE OF JUDGMENT/TRANSCRIPT
P'AINTIFF: RESIDENTIAL. LEASE
NAME and ADDRESS
rj & S CALIFORNIA ENTERPRISE
19 S I-[2~OVER ST
CARLISLE, PA 17013
L
VS.
DEFENDANT: NAME and ADDRESS
~BREEDEN, JASON, ET AL.
17 S HANOVER ST
2ND FLOOR
~,RLISLE, PA 17013
The total amount of the Security Deposit is $
Docket No.: LT-0000035-03
Date Filed: 1/31/03
THIS IS TO NOTIFY YOU THAT:
Judgment: ~. FOR PLAINTIFF
E~ JucJgment was entered for: (Name) J & S C2LI,IFORNIA ]!2~,'-~ERPRISE
Judgment was entered against HO~E'i-~', K2LRDI in a
LA__I 2/13/03 . (Date of Judgment)
Landlord/Tenant action in the amount of $ 1,498.40 on
The amount of rent per month, as established by the District Justice, is $ 450.00.
450.00
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.
L-'-~ Possession granted if money judgment
E~ Possession not granted.
Total Amount Establish,ed .,by. pJ ,,I-,,ess 'Security Deposit Ap~l~d =
$. -, .3:~::). uu -- $ . =
$ .oo-$ .oo = $
$ .oo-$ .oo = $
Less Amt Due Defendant from Cross Complaint - $
Interest (if provided by lease) $
L/T Judgment Amount $
Judgment Costs $
Attorney Fees $
Total Judgment $
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
not sat~st~ed Dy t~me of ewct~on.
E'"-~ Defendants are jointly and severally liable.
Adjudica ed mount
.00
.00
.00
1_.395.00
103.40
0O
1,498.40
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 INTERESTI~D'~':r'CI'I~'~J'0DGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBateR P,A~Y-~. 1~1 F, ULi'; SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
..-. .
2/13/03 Date
~ [ ',~: ~?:,vDis~. bt Justice..
II certify that this isa true 'a~~. of~9,~l.~~roceedihy~air~i~j ~judgf'nent..- '! "'
?/I3/03 Date (,_rz~T~' ~L~.,_.__~__~~/--']¢~.44~~_ -.._ :'...,.
Ao~,cMY commission315A.03 expires first Monday of January, 2006. '§EAL'- "'
IN THE COURT OF COF[MON PI,FAS, OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Capt ion: :
~ Enterprise,
'-"- ~k~eeT~ah~,/Jason, et a±.,
:
Defendendand
TO THE PROTHONOTARY OF THE SAID COURT:
( ) Confessed Judgment
( ) Other
File No.
Amount Due
Interest
Atty's
Costs
TI~ undersigned hereby certiE£es that the below does not ~r±$e out of a ~t~%l
installment s~le, contract, or account based on a conEession oE judcjment, but ~E it does,
it ±s based on the appropriate orS.g±nal proceeding E±~ed pursuant to Act 7 of 1956 as
amended; and for r~ property pursuant to Act 6 of 1974 a~ amended.
Issue writ of execution in the above matter to the Sheriff of
County, for debt, interest and costs upon the following described property of the
defendant ( s }
PRAECIPE FOR A~TAC~MflWT EXECUTION
Issue writ of attachment to the Sheriff of
County, for debt,
interest and costs, as above, directing attachment against the above-nan~d 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).
(Indicate) Index th/s writ agaznst the garnishee(s) as a lis .
real estate- . ' in the attached exh/h~J._-, against
of the defendant( s ) described pendens
DATE: 5~ ~/0_~ Signature: ~_~~~
f ?70
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 lengthypersonalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
WR/T OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO03-2315 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due J & S California Plaintiff (s)
From Jason Breeden and Kandi Huyett, 17 S. Hanover Street, 2aa Floor, 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 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 DueS1,498.40
Interest $35.00
Atty's Comm$500.00%
Atty Paid $36.75
Plaintiff Paid
Date: May 15, 2003
(Seal)
REQUESTING PARTY:
Name Stephen J. Hogg, Esq.
Address: 19 S. Hanover Street
Carlisle PA 17013
Attorney for: Plaintiff
Telephone: 717-245-2698
Supreme Court ID No. 36812
L.L.$.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
'Deputy
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the [e~l of said Court. at Carlisle, Pa.
....... prothofiota~
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that a
Sheriff's Sale of personal property was held on Friday September 12, 2003, at which time
the personal property of Jason Breeden and Kandi Huyett, was sold to Attorney Stephen
J. Hogg, of 19 South Hanover Street, Carlisle, PA 17013, for the sum of $1.00, it being
the highest bid and best price quoted for the same. Date and Time of Sale, Friday,
September 12, 2003 at 11:00 A.M.E.D.S.T., at, 17 South Hanover Street, Carlisle,
Second Floor, Carlisle, Pennsylvania, 17013. This Writ is returned STAYED.
Sheriff's Costs:
Docketing $ 18.00
Poundage 29.97
Advertising 10.00
Law Library .50
Prothonotary 1.00
Milage 6.90
Cert. Mail
Surcharge 30.00
Levy 20.00
Post Pone Sale
Garnishee
TOTAL $ 116.37
Sworn and Subscribed to before me
This .020 ~ day of
200~A.D.Pro~h~tary ~ ~f~-~'' t~
Pd by Defendant
So Answers;
R. Thomas Kline, Sheriff
SHERIFF'S SALE
BY VIRTUE OF WRIT OF EXECUTION NO. 2003-2315 CIVIL TERM ISSUED OUT
OF TH'E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA, AND
TO ME DIRECTED, I WILL EXPOSE TO PUBLIC SALE ON FRIDAY TItE 12TM
DAY OF SEPTEMBER 2003 AT 11:00 A.M., THE PROPERTY OF JASON
BREEDEN AND KANDI HUYETT, AT, 17 SOUTH HANOVER STREET, SECOND
FLOOR, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA.
THE FOLLOWING PROPERTY TO WIT:
SWORD
MISC. CHAIRS
MISC. LAMPS
MISC. RUGS
STEREO
MICROWAVE (LITTON)
POTS/PANS
ELECTRIC STOVE (KELVINATOR)
BED
TELEVISION
MATTRESS (2)
SUITCASES (2)
FAN
WINDOW FAN
TABLE W/4 CHAIRS
CLOTHING CABINET
SOFA
COFFEE/END TABLES (3)
MISC. FURNITURE
TELEVISION (CURTIS MATTHES)
ENTERTAINMENT CENTER
UTENSILS
REFRIGERATOR (WHIRLPOOL)
COFFEE POT
DRESSER
BUREAU
BOX SPRINGS (2)
MIRROR
DESK
RABBIT IN CAGE
MOUNTAIN BIKE (ESD 6000)
(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 17TM DAY OF SEPTEMBER 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 JASON
BREEDEN AND KANDI HUYETT, AT, 17 SOUTH HANOVER STREET, SECOND
FLOOR, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA.
AND TO BE SOLD BY:
R. THOMAS ICLINE, SHERIFF
CUMBERLAND COUNTY SHERIFF'S OFFICE
CARLISLE, PA 17013
POSTED ~ ~_~_~___
CUMBEREANIYCOUNTY~..~.~
SHERIFF'S OFFICE
CARLISLE, PA 17013
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 Jason
Breeden and Kandi Huyett, by handing to Stephen J. Hogg of, 19 South Hanover Street,
Carlisle, Pennsylvania 17013, for the sum of $1.00, it being the higest bid and price
quoted for the same. Date and Time of sale, Friday September 12, 2003 at 11:00
A.M.E.D.S.T., at 17 South Hanover, Second Floor, Carlisle, Pennsylvania.
Sworn and Subscribed to before me So ~s_~rs; ./~
this / ~]4~ day of ~2-,
Carlisle Boro, Cumberland County
-- ~ot~ Public My Commission Expires April 4, 2005