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HomeMy WebLinkAbout03-5430TILEY AND FREY, Plaintiffs VS. JOHN LAFRENTZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 03- _~'6/,~O CIVIL TERM PRAECIPE TO ENTER JUDGMENT ON DISTRICT JUSTICE'S TRANSCRIPT OF JUDGMENT Pursuant to 42 Pa.C.S.A. § 1516 and in accordance with transcript of the District Justice which is attached hereto, please enter Judgment in favor of the above-captioned Plaintiff and against the above-captioned Defendant in the amount of $4,746.24, and costs af $!9.25; plus interest thereon at the legal rate from September 11, 2003, as provided by law. Plaintiff hereby certifies that the last known address of the Defendant is: 402 Valley Road P. O. Box 242 Summerdale, PA 17093 By: Frey & Tiley, Attorneys for Plaintiff (717) 243-5838 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist No: 09-2-01 DJ Name: Hon. PAULA P, COP~REAL Ageless: i COURTHOUSE SQUAKE CA~LISLE, PA (717) 240-6564 17013-0000 NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAMEandADDRESS CTILEYAND FREY, 5 S HANOVER ST CARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS CLEFAENTZ, JOHN 402 VALLEY ROAD P.O. BOX 242 ~UMMERDALE, PA 17093 Docket No.: 'r,T- 0000326- 03 Date Fi ed: 8/28/03 TILEY AND FREY 5 S HANOVER ST CARLISLE, PA 17013 THiS IS TO NOTIFY YOU THAT: Judgment: FOR PL~TI~IFF ~ ,[] Judgment was entered for: (Name) TiLEY AND- FREY, ~j Judgment was entered against LEFRENTZ, JOHN · Landlord/Tenant action in the amount of $ 4,746.24 on 9/11/03 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ 450. O0 J in a · (Date of Judgment) 450.00. Rent in Arrears Total Amount Establishgd ~pJ .,[.ess. Security Deposit App_.li..ed = Adjudicale,,d6,A1%o.ul~t $ ,~,o~o.c-~-$ .uu = $ , .00--$ .00 = $ .00 .00-$ .00 = $ .00 Less Amt Due Defendant from Cross Complaint - $ . O0 Interest (if provided by lease) $ . O0 UT Judgment Amount $ 4,616.84 Judgment Costs $ 129.40 Attorney Fees $ .00 Total Judgment $ 4,746.24 Post Judgment Credits Post Judgment Costs $ Certified Judgment Total $ Possession granted if money judgment is not satlsned by t~me et ewct~on. Possession not granted. Physical Damages Leasehold Property $ Damages/Unjust Detention $ [~ Attachment Prohibited/ 42 Pa.C.S. § 8127 ~.] This case prejudice. dismissed without [--~ Possession granted. ~ 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 OFTHE 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 DEPOS T W TH 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. "UNI".ESS'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, [, certify that this is a true ancl.~'e~ct~..~, o:r t,~e re~,,efd"oPt~,pr~F.,~C.,~'gs conta,mn~We judgment. 9/11/03 Date ~ _-'~-. ,~ --~'~/"/~ ~'/~'~'~'""~k ' District Justicel My commission expires first(Monday of January, 2006 SEAL AOPC 315A-03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAEClPE FOR WRIT OF EXECUTION Caption: TILEY and FREY, VS, Plaintiffs : ( ) Confessed Judgment : (X) Other : File No. 2003-5430 Civil Term : Amount Due $4,746.24 : Interest $26.53 JOHN LEFRENTZ, : Atty's Comm -0- Defendant : 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 Et does, it Es 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 for debt, interest and costs, upon the following described property of the defendant(s) Personal property located at 1402 Bradley Drive, A-311, Carlisle, Pennsylvania, and pick up truck parked at 1824 Sterretts Gap Avenue, Carlisle, Pennsylvania, being a County, maroon Chevrolet S-10. 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 ef the defendant(S) in the possession, custody or control of the said garnishee(s). Date (Indicate) Index this writ against the garnishee(s) as a les pendens against real estate of the defendant(s) described in the attached exhibit. October /7 ,2003 Signature: Print Name: Address: Robert G. Frey 5 South H~nover Street Carlisle, PA 17013 Attorney for: TeEephone: Supreme Court ID No.: Tiler and Frev (717) 243-5838 46397 (over) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5430 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TILEY AND FREY Plaintiff (s) From JOHN LEFRENTZ, 1402 BRADLEY DRIVE, A-311, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY LOCATED AT ABOVE ADDRESS AND PICK UP TRUCK PARKED AT 1924 STERRETTS GAP AVE., CARLISLE PA 17013 BEING A MAROON CHEVROLET S-10. (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 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 $4,746.24 Interest $26.53 Atty's Comm % Arty Paid $36.75 Plaintiff Paid Date: OCTOBER 17. 2003 (Seal) REQUESTING PARTY: Name ROBERT G. FREY ESQUIRE Address: 5 S. HANOVER ST CARLISLE PA 17013 Attorney for: PLAINTIFF Telephone: (717) 243-5838 Supreme Court ID No. 46397 L.L. $..50 Due Prothy 1.00 Other Costs CURTIS R. LONG Prothonotary R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 18.00 Poundage 94.93 Advertising Law Library .56 Prothonotary 1.00 Mileage 11.04 Surcharge 20.00 Levy 20.00 Vehicle Towing 40.00 Vehicle Storage 215.00 Post Pone Sale Garnishee TOTAL $ 420.47 Advance Costs: 420.47 Sheriff's Costs: 420.47 $ 000.00 Refunded to Atty on 01/15/04 Sworn and Subscribed to before me This /o~day Pr3thonotary R. Thomas Kline, Sheriff By Claudia A. Brewbaker ~x~ Iq&bo( WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5430 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TILEY AND FREY Plaintiff (s) From JOHN LEFRENTZ, 1402 BRADLEY DRIVE, A-311, CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY LOCATED AT ABOVE ADDRESS AND PICK UP TRUCK PARKED AT 1S24 STERRETTS GAP AVE., CARLISLE PA 17013 BEING A MAROON CHEVROLET S~10. (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 $4,746.24 Interest $26.53 Atty's Comm % Atty Paid $36.75 PlaintiffPaid Date: OCTOBER 17. 2003 (Seal) REQUESTING PARTY: Name ROBERT G. FREY ESQUIRE Address: 5 S. HANOVER ST CARLISLE PA 17013 Attorney for: PLAINTIFF Telephone: (717) 243-5838 Supreme Court ID No. 46397 L.L. $..50 Due Prothy 1.00 Other Costs CURTIS R. LONG Proth?no{ary