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HomeMy WebLinkAbout07-4871,. Mag. Dist. No.: MDJ Name: Hon. 09-3-03 SIISA~i S. DAY Address: 229 1[ILL ST, BOZ 167 ll[T. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CDIl~B>8I.71~ID R8G81~CY i100DS IIfORTB ![ . H . P . 130 R~ DRIVE CARLISLE, PA 17015 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS ~EBC~SlTCY FOODS NORTH 1[ . H . P . ~ 130 B]!Z DRIVS CARLISL$, PA 17015 L VS. J DEFENDANT: NAME and ADDRESS r88IBBRT, DA1~I8L r~ LAIIC~BR, TRACBA,~ /S~ ti vest St. CAALISL$, PA 17013 L J Docket No.: LT-0000081-07 Date Filed: 3/12/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAI>e1TIFF - ~ Judgment was entered for: (Name) ggG~CY irOODB ]ifO8T8 III. H. P. Judgment was entered against SEIBBRT, DA]IiIEL ~ LAIIC~118R, TRACEA in a ® Landlord/Tenant action in the amount of $ 2,176.13 on 3/22/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 290.00. The total amount of the Security Deposit is $ 290.00 Total Amount Establishedd by MDJ Less • Security Deposit Applied = Rent in Arrears $ 2, 056.88 - $ . 00= Physical Damages Leasehold Property $ .00 - $ . 00= Damages/Unjust Detention $ _ 00 - $ _ 00= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount ^ Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ^ This case dismissed without prejudice. ^ Possession granted. ® Possession granted if money judgment i ^ Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total $ Adjudicated Amount 2,056.88 $ _00 $ _00 $ _00 $ $ 2,056_88 119_25 $ _00 $ 2,176.13 137.75 $ 2,3Y3.88 ^ 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 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 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 JUDGMENTIN 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 MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE . 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. -' ~ Date cernyt att isisaU 5~~~"'t~~ Date M~r commission expires first Mond~ay~bf January, 201 AO C 315A-O6 Magisterial District Judge Wing t e ~u gment. Magisterial District Judge SEAL s G ~ t° nip s , ~' ~o s~ ~ w -- ~ Y ~ :- • ~ ~{r-: r" r~ V is N 0 b., ~~-- cn N ~} 0 --~ z ~„ ca _;~ ~ -;-; ;~ ~~ "G G 1 °~ v { f~ ~9~ .- . -ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Regency Woods North MHP 130 REx Drive Carlisle, PA 17015 vs. Seibert, Daniel & Lauckner, Tracea 154 N. West Street Carlisle, PA 17013 ( )Confessed Judgment ( )Other File No. d 7- y 7 P / ~~~,.1 T~.~.. Amount Due ~~, L~7~~. /,3 ~ k~ Interest Atty'~ 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 Cumberland County, for debt, interest and costs, upon the foll~rnring described property of the defendant(s) all personal property located at 30 Regency Woods North, Carlisle, PA 17015 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 despription; 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 this writ against the garnishee(s) as- a lis pendens against real estate of the defendant(s) described in the attached exhibit. f ~, Date 8;14/2007 Signature: Print Name: James Koiias Address: Attorney for: Telephone: Supreme Court ID No.: 1104 Fernwood Avenue Ste 104 Camp Hill, PA 17011 Reaencv Woods North MHP 77 7 - 7~1 -1 F~(Z~ 81959 (over) ,~ ..fl V^n ~J.1 E V '(~ M UV ~t GJ ~ v ~ ~i ~ ~ z '~ a ~ ~` r 1 ~~ -r_' ~~ ~ -,fit - ~ ;: . y.....~ ~ E ~ ~~ ~„~ F .~ ~~ ,~-T ~~ ~ -' ~ ~ ~. I i' I ~ ~ ~ ~ • S V WRIT OF EXECUTION and/or ATTACHMENT 4g7 I COMMONWEALTH OF PENNSYLVANIA) NO07-~ Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Regency Woods North MHP 130 Rex Drive, Carlisle, Pa. 17015 Plaintiff (s) From Daniel Seibert & Tracea Lauckner 154 N. West Street Carlisle, Pa. 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property located at 30 Regency Woods North, Carlisle, Pa. 17013 . (2) You are also duetted 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 duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$2176.13 L.L.$0.50 Interest Atty's Comm % Due Prothy $2.00 Atty Paid $53.75 Other Costs Plaintiff Paid Date: August 16, 2007 Curtis .Long, Proth a (Seal) BY~ Deputy REQUESTING PARTY: Name James Kollas, Esq. Address: 110 4 Fernwood Avenue Ste 104 Camp Hill, Pa. 17011 Attorney for: Plaintiff Telephone: 717-731-1600 Supreme Court ID No. 81959 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ~,,, c ~cL~ PRAECIPE FOR WRIT OF EXECUTION Caption: ( )Confessed Judgment Regency Woods North MHP : ( ) Other 130 Rex Drive Carlisle, PA 17015 File No. !? ~~ 4~~ 7/ vs. Seibert, Daniel and Lauckner,Tracea 154 N. West Street Carlisle, PA. 17013 Amount Due $ 217 6.13 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 Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) All personal property located at 30 Regency Woods North Carlisle, PA 17015 garnished by Regency Woods North MHP PRAECIPE FOR ATTACHMENT 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) All personal property located at 30 Recency Woods North, Carlisle, PA 17015 and all other property of the defendant(s) in the possession, custody or control of the said garnishee(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. .~ 8/22/07 --...... Date Signature: Print Name: James Koalas Address: 1104 Fernwood Ave . Ste .104 Camp Hill, PA 17011 Attorney for: Regency Woods North MHP Telephone: 717-731-1600 Supreme Court ID No.: 81959 (over) ~ '~ ti,~y ,` ~ k ~1 C:~ ~~ t~ "_ [: ~ ""I r~ y,, 2 ~ _ ~ _ ~' ~ _~i, ' j y"} ~`~t SHERIFF'S RETURN - GARNISHEE t+~-. ~ CASE NO: 2007-04871 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND REGENCY WOODS NORTH M H P VS SEIBERT DANIEL ET AL And now DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0015:10 Hours, on the 27th day of August 2002, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , SEIBERT DANIEL in the hands, possession, or control of the within named Garnishee LINDE BLYMIER REGENCY WOODS NORTH MHP PROPERTY MANAGER 30 REGENCY WOODS NORTH CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to LINDE BLYMIER , personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her . Sheriff's Costs: So answers: Docketing .00 '~ P Service .00 ~~~~i ~l! Affidavit .00 Surcharge .00 R. Thomas Kline .00 Sheriff of Cumberland County .oo ~ ~~~e~6~ ~ ~ 08/28/2007 By Sworn and Subscribed to before me Deputy Sherif this Day of , A.D. SHERIFF'S RETURN - GARNISHEE II"'~ r CASE NO: 2007-04871 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND REGENCY WOODS NORTH M H P VS SEIBERT DANIEL ET AL And now DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0015:10 Hours, on the 27th day of August 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , LAUCKNER TRACEA in the hands, possession, or control of the within named Garnishee LINDE BLYMIER REGENCY WOODS NORTH MHP PROPERTY MANAGER 30 REGENCY WOOD NORTH CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to LINDE BLYMIER personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her . Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 So answers: ~~ Surcharge .00 R. Thomas Kline .00 ~~gJb1 ~eriff of Cumberland County 08/28/2007 ~ ~ By i Sworn and Subscribed to before me Deputy Sheriff this Day of , A.D. A, .., !~ f R. Thomas Kline, Sheriff, who being duly sworn according to law, states that a Sheriff's Sale of personal property was held on Monday, October 15, 2007, at which time the personal property of Daniel Seibert and Tracea Lauckner, was sold to, Regency Woods North MHP, by handing to Linde Blymier, registered agent for plaintiff, of, 33 North Regency Woods, 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, Monday, October 15, 2007 at, 11:00 A.M.E.D.S.T., at, 30 Regency Woods North, Carlisle, PA 17013. Sheriff s Costs: Docketing $ 18.00 Poundage 43.53 Advertising 10.00 Law Library .50 Prothonotary 2.00 Milage 11.52 Surcharge 30.00 Levy 20.00 Post Pone Sale 9.00 Garnishee Postage 1.23 TOTAL $ 145.78 ~ ~ a ~~-~ I o l ~.. ~ _, Z 0 ~~ z:v ~~ 1 L~j(~7 ~ ~~ , L _' 'C ..`~ Pd by Defendant a v So Answers; ''~ .. R. Thomas Kline, e~ ~'~ y^ By i ~ ~~~~__ ~,~~~ <( ~~_ ~~ s~ ~-+'.. G a ~~ J r~c...it ~ 76 a ANNIENNDED WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-4871 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Regency Woods North MHP 130 Rex Drive, Carlisle, Pa. 17015 Plaintiff (s) From Daniel Seibert & Treacea Lauckner 154 N. West Street,Carlisle, Pa. 17013 (1) You are directed to .levy upon the property of the defendant (s)and to sell all personal property located at 30 Regency Woods North, Carlisle, Pa.17015 . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of Regency Woods North MHP 130 Rex Drive, Carlisle, Pa. 17015 GARNISHEE(S) as follows: All personal property located at 30 Regency Woods North, Carlisle, Pa. 17015 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$ 2,176.13 Interest Atty's Comm Atty Paid $ 53.75 Plaintiff Paid Date: August 16, 2007 (Seal) REQUESTING PARTY: Name James Kollas, Esq. Address: 1104 Fernwood Avenue, Ste 104 Camp Hill, Pa. 17011 L.L.$ 0.50 Due Prothy $2.00 Other CostsGarnishee $0.50 /S/ C~~ oQ ~°~, 's R. Long, Proth/onotary Deputy ~ ~ ': Attorney for: Plaintiff Telephone: 717-731-1600 Supreme Court ID No. 81959 ~, SHERIFF'S SALE BY VIRTUE OF WRIT OF EXECUTION NO. 2007-4871 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 MONDAY THE 15Tx DAY O]F OCTOBER 2007 AT 11:00 A.M,, THE PROPERTY OF DANIEL SEIBERT AND TRACEA LAUCKNER, AT, 30 REGENCY WOODS NORTH, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. THE FOLLOWING PROPERTY TO WIT: TIDWELL MOBILE HOME SERIAL NO. TWINCGS13109 VIN. NO. ILLEGIBLE YELLOW/GRAY SOFA LOVE SEAT COFFEE/END TABLES MISC. FURNITURE TELEVISION (ZENITH) DESK COMPUTER (COMPAQ} VIDEO GAMES HEATER DINETTE TABLE W/CHAIRS MICROWAVE UTENSILS POTS/PANS REFRIGERATOR STOVE WASHER DRYER BEDS (2) MATRES~ (NO FRAME) BUREAU NIGHT STANDS (2) TELEVISIONS (3) STEREO VCR/DVD HEATER DESK DVD AIR CONDITIONERS (2) GARAGE/SHED (LOCKED, CON TENTS UNKNOWN} .. ~C (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 IN HIS OFFICE ON THE 19TH DAY OF OCTOBER 2007 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 DANIEL SEIBERT AND TRACEA LAUCKNER, AT, 30 REGENCY WOODS NORTH, CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA. AND TO BE SOLD BY: R. THOMAS KLINE, SHERIFF CUMBERLAND COUNTY SHERIFF'S OFFICE CARLISLE, PA 17013 POSTED ~ Q ~ ~ . ~~ CUMBERLAN C ` T 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 Daniel Seibert and Tracea Lauckner, to Regency Woods North MHP, by handing to Linde Blymier, of, 33 North Regency Woods, Carlisle, Pennsylvania 17013 for the sum of $1.00, it being the highest bid and price quoted for the same. Date and Time of sale, Monday, October 15, 2007, at, 11:00 A.M.E.D.S.T., at, 30 Regency Woods North, Carlisle, Cumberland County Pennsylvania. So An s; ~.~,~ _. R. Thomas Kline, Sheriff By Sworn and Subscribed to before me this 1n5`h day of October, 2007 Ap.D. cauoraa sAE;~, Nor~rPUBUC car~isle Bono. Cumberland coungr My Commission Expires Apti14, 2009 s s ~: ,,..... ,. ~~.....,~...,...~. ...... r4 '~ . ...a ..~.«......_ _......., .. _....,........ ....._...,. .~..... . W,.,„.~.,...~