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HomeMy WebLinkAbout07-5997COMMONWEALTH OF PENNSYLVANIA ( ni INTY nF- CUMBERLAND Mag. Dist. No.: 09-3-03 MDJ Name: Hon. SUSAN K. DAY Address: 229 MILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 07_ 594l C;v;t `Term NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS GERALD W. & DONNA E. PADEN 65 PINE CREEK DR CARLISLE, PA 17013 L J vs. DEFENDANT: NAME and ADDRESS rSWIFT, DANIELLE L 7 630 N. WEST ST. CARLISLE, PA 17013 L J GERALD W. & DONNA E. PADEN 65 PINE CREEK DR Docket No.: LT-0000057-07 CARLISLE, PA 17013 Date Filed: 2/20/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF - ?X Judgment was entered for: (Name) GERALD W. & DONNA E. PADEN Judgment was entered against SWIFT, DANIELLE L in a ® Landlord/Tenant action in the amount of $ 3,053.55 on 3/06/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 600.00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less • Security Deposit Applied = Rent in Arrears $ . 2, 930.00 - $ .00= Physical Damages Leasehold Property $ .00-$ .00= Damages/Unjust Detention $ _00-$ -00 Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) UT Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. Fxl Possession granted. ? Possession granted if money judgment ? Possession not granted. Total Judgment Adjudicated Amount $ 2,930.00 $ .00 $ _00 $ .00 $ _00 $ 209110,00 $ 123.55 $ _00 $ 3,053.55 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? 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 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 Magisterial District Mudge c l y at this is a true an or y o t e rec 7oe Ings contalning t tee ment. Date isterial District Judge My com5A-mission expires first Monday of January, 2010 • SEAL AO C 3106 w -(4, mm r,. o ? ? m C ?p (P9 u ' 3s - "s1 r-.. ? v 7bl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Caption: ck,I t`k E 6G AnG `,4r hsle L "')ianl e /1Z A: PRAECIPE FOR WRIT OF EXECUTION ( ) Confessed Judgment ? ?Urnc? ? • G c??y? ??C77fcPi? Df, ( ) Other 9A !7013 File No. 0'7- 5991 0iyil -rerN 41 vs. Amount Due ?" U 5 3 ?'6 Z> L SW11 / 4 L'jest SL . 0 Hull TO THE PROTHONOTARY OF THE SAID COURT: Interest Atty's Comm Costs 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 ("am Vf "J 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 ? V y- ?'('1(`YAA 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). 0 (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 ? Signature Print Name: Address: Attorney for: Telephone: CA 5 :tee Cy"-C& . C-C& ) i-s L Q?A 170)? I j 7-- ZLf 3 -x'76 V Supreme Court ID No.: (over) r-40 Pi z (?y Sb rn ,.4 r `i TOl•` p 1 lJ ?? "T. "f l ?? co ''i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-5997 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GERALD E. & DONNA E. PADEN, Plaintiff (s) From DANIELLE L. SWIFT, 630 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 . (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; ossession (3) If property of the defendant(s) not levied upon an on are directedto notify him/her that he/she has been added as a of anyone other than a named garnishee, y garnishee and is enjoined as above stated. Amount Due $3,053.55 Interest Atty's Comm % Atty Paid $43.25 Plaintiff Paid Date: 10-12-07 (Seal) REQUESTING PARTY: Name GERALD E. PADEN Address: 65 PINE CREEK DRIVE CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-8764 Supreme Court ID No. L.L. Due Prothy $2.00 Other Costs VisAR. Long, Prothonotary By: ?&"D?,? JQ?- eputy ? Q WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5997 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GERALD E. & DONNA E. PADEN, Plaintiff (s) From DANIELLE L. SWIFT, 630 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 . (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 $3,053.55 Interest Atty's Comm % Atty Paid $43.25 Plaintiff Paid Date: 10-12-07 (Seal) L.L. Due Prothy $2.00 Other Costs C is R. Long, Prothonotary By: ?-?km ?, all, Deputy ` I REQUESTING PARTY: Name GERALD E. PADEN Address: 65 PINE CREEK DRIVE CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-8764 Supreme Court ID No. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL Advance Costs: 150.00 Sheriff's Costs 66.12 18.00 83.88 1.32 2.00 Refunded to Atty on 04/30/08 4.80 20.00 20.00 66.12 ,/ So Answers, R. mas Kline, Shenff i f v c, of rY • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: nn ( ) Confessed Judgment ?era? E, A Ja"L E- Pt*r, ( ) Other (Os- pine Cr«k ?1';Ve File No. CRrrlisle, A 17all a vs. Amount Due 1 S 3 S.? IVA b3Q N. I'kst -V- Ca, fiSle, pA 1-701 -3 TO THE PROTHONOTARY OF THE SAID COURT: Interest . Atty's Comm Costs 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 kwbet 6a 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). (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 z A-51 0j Signature: Print Name: Address: Attorney for: Telephone: P'ne CreeK br. -71-1 -Z-[3- 97tW Supreme Court ID No.: (over) U4 CZ 12.1 .r A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5997 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GERALD E. & DONNA E. PADEN, Plaintiff (s) From DANIELLE L. SWIFT, 630 N. WEST ST., 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 $1,153.55 Interest L.L. Atty's Comm % Atty Paid Plaintiff Paid $143.37 Date: FEBRUARY 20, 2009 (Seal) Due Prothy $2.00 Other Costs 1171, - C s R. Long, Ponota/ By: Deputy REQUESTING PARTY: Name GERALD E. PADEN Address: 65 PINE CREEK DRIVE CARLISLE, PA 17013 Attorney for: Telephone: 717-243-8764 Supreme Court ID No. .. 0'1- 5qQ q R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Bad Check Charge Postage TOTAL $ 18.00 23.06 2.00 4.50 20.00 20.00 C-1 .84 88.40 log So Answers; -1' R. Thomas Kline, Sheriff By. laudia A. Brew aker JJJJ d?- V LS Z d SZ 93? 6?O1 01 0 * tpggtpo5 F Lin, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5997 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GERALD E. & DONNA E. PADEN, Plaintiff (s) From DANIELLE L. SWIFT, 630 N. WEST ST., 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 Due $1,153.55 Interest Atty's Comm % Atty Paid Plaintiff Paid $143.37 Date: FEBRUARY 20, 2009 (Seal) L.L. Due Prothy $2.00 Other Costs - ?1?4 e C is R. Lon onot_ -if By: Deputy REQUESTING PARTY: Name GERALD E. PADEN Address: 65 PINE CREEK DRIVE CARLISLE, PA 17013 Attorney for: Telephone: 717-243-8764 Supreme Court ID No. w . % DISTRIBUTION ATTY FOR PLTFF: Gerald Paden WRIT NO. 2007-5997 Civil Gerald E. and Donna E. Paden -vs- Danielle L. Swift Real Debt $ 1153.55 Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. 143.37 Miscellaneous Attorneys Fees $ 1296.92 Sheriffs Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Postage Advertising Postpone Sale Bad Check Charge Surcharge Garnishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. $ Refund of Adv. Costs Pd. To Prothonotary $ 18.00 23.06 2.00 4.50 .84 20.00 20.00 $ 88.40 $ 1385.32 150.00 $ 1535.32 1296.92 150.00 2.00 R. Thomas Kline, Sheriff By -- le4 f ? E" ?4 d tax „ . fee-k Y (; 1 slots VS. i1c L. ' t 3 N a lss It 708 In the Court of Common Pleas of Cumberland County, Pennsylvania No. O"1- !!L 'Z Civil. 19 To Prothonotary 19 (Gerald f?den, VwRwp:bt Plaintiff Ai f1 r?_ ?w :11°L do