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HomeMy WebLinkAbout08-1145-? GGMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN Mag. Dist. No.: 12-2-03 MDJ Name: Hon. DAVID K. J17DY Address: 50 CA NAL ST ROYALTON, PA Telephone: (717 ) 944-4463 17057-0000 LEON C. VIA JR. 2403 CMMCS ROAD RXIMURLSTOWN, PA 17036 0$- 111L 5 8w<< Term NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFINONRESIDENTIAL LEASE NAME and ADDRESS rVIA J>bt • , > AON C 2403 CMMCK ROAD Alu LSTOW, PA 17036 L J VS. DEFENDANT: NAME and ADDRESS rMOFFET, MATT=K, ET AL. 100 OLD YORE ROAD NEK COMB, PA 17070 L 7, J Docket No.: LT-00005 07 Date Filed: THIS IS TO NOTIFY YOU THAT: Judgment: LJ Judgment was entered for: (Name) VIA iR. , LEON C Judgment was entered against NOFFET, M??TTSEK in a ® Landlord/Tenant action in the amount of $ 6,112.35 on 12/27/07 (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 Establish6g, 0 d bb DJ Less • Security Deposit Appliedd Adjudicated Amount Rent in Arrears $ 0.00 - $ . 00 = $ 6, 000.00 Physical Damages Leasehold Property $_ .00,-$ _ .00= $ .00 Damages/Unjust Detention $ _00-$ _ -00= $ _10111 Less Amt Due Defendant from Cross Complaint - $ -00 Interest (if provided by lease) $ _111111 LIT Judgment Amount $ 6F000.00 Judgment Costs $ 112 _ ? Defendants are jointly and severally liable Attorney Fees $ _o35 n ? This case dismissed without prejudice. Total Judgment $ 6,112.35 ? Possession granted. Post Judgment Credits Post Judgment Costs Certified Judgment Total Z Possession granted if money judgment is no sat Is Ie y time o eviction. Possession not granted. Mir commission expires first Monday AO C 31513- THEE A NOTICE OF APPEAL WITH TWE R' OTHONOTARY/CLERK COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR 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. '-'ebMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN Maj. Dist. No.: 12-2-03 MDJ Name: Hon. DAVID H. JUDY Address: ,, 50 CANAL ST ROYALTON, PA Telephone: (717 ) 944-4463 17057-0000 NOTICE OF JUDGMENT/TRANSCRIPT NONRESIDENTIAL LEASE PLAINTIF NAME and ADDRESS [VIA JR. , iMPN C 2403 CMMCS ROAD SUI11111Z LSTONN, PA 17 0 3 6 L J VS. DEFENDANT: NAME and ADDRESS r1[OFFBT, NATTEM 8T AL. 100 OLD YORK ROAD NZN CUNBZRX AND, PA 17070 LION C. VIA JR. L J 2403 CMMCN ROAD Docket No.: LT-0000592-07 8U111=LSTOWN, PA 17036 Date Filed: 12/12/07 THIS IS TO NOTIFY YOU THAT: Judgment: at?dgmerttsifit€ Judgment was entered against SURF POOLS ACQUISITION CORP in a ® Landlord/Tenant action in the amount of $ 6,112.35 on 12/27/07 . (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 TWO A0hount Establish d bb J Less • Security Deposit Appliedd = Adjudicatted Amount Rent in Arrears $ 1, O?g.00-$ . 00= $ 6, 000.00 Physical Damages Leasehold Property $ .00- $ .00 = $ .00 Damages/Unjust Detention $ -.111A - $ T -00= $ -00 Less Amt Due Defendant from Cross Complaint - $ -00 Interest (if provided by lease) $ -00 L/T Judgment Amount $ 6 000.00 JudgmAt Costs $ 112.35 ? Defendants are jointly and severally liable Attorney Fees $ -nn ? This case disrriissed without prejudice. Total Judgment $ 6,112.35 ? Possession granted. ® Possessift granted if money judgment is ? Possession not granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUSTiINCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT 4 OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGI TERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMOILEAS, ALL FURTHER PROCESS MUST COME FRAM 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 JUDG NT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF TH ?URGMENT DE ` OR PAYS IN FULL, SETTLES,:O`R OTHERWISE COMPLIES WITH THE JUDGMENT. `??``?µ OF +eN, ,ti8 : yW Date % M eria is J e ce I y t t t Is is a true an correct c p Or ee Ings contalrnng t t,•• P?, ?? ??? oZ 6 Date ` ..........ue??? * udge <. My commission expires first Monday bf'7anuaty,[ I U. V SEAL AO C 3158-07 Stephen E. Farina Prothonotary Front & Market Streets Harrisburg, PA 17101 (717) 780-6520 CERTIFICATE OF NO APPEAL FROM DISTRICT JUSTICE JUDGMENT DAUPHIN COUNTY PENNSYLVANIA Via Jr., Leon C. 2403 Church Road Hummelstown, PA 17036 PLAINTIFF DISTRICT JUST DOCKET NO. LT-0000592-07 VS. Moffet, Matthew 100 Old York Road MDJ NAME: New Cumberland, PA 17070 Hon. David H. Judy DEFENDANT As of the date certified below, the following action has been taken on the above referenced appeal: (X) There has been no appeal taken to the Court of Common Pleas. ( ) The following party has taken an appeal to the Court of Common Pleas: Date: February 13, 2008 OFFICE OF ?..OTHONOTAjZV Stem C. -a51 utt a Pro onotary AyDuty County of Dauphin ! .--- Stephen E. Farina Prothonotary Front & Market Streets Harrisburg, PA 17101 (717) 780-6520 CERTIFICATE OF NO APPEAL FROM DISTRICT JUSTICE JUDGMENT DAUPHIN COUNTY. PENNSYLVANIA Via Jr., Leon C. 2403 Church Road Hummelstown, PA 17036 PLAINTIFF VS. Surf Pools Acquisition Corp. 100 Old York Road New Cumberland, PA 17070 DEFENDANT DISTRICT JUST DOCKET NO. LT-0000592-07 MDJ NAME: Hon. David H. Judy As of the date certified below, the following action has been taken on the above referenced appeal: (X) There has been no appeal taken to the Court of Common Pleas. ( ) The following party has taken an appeal to the Court of Common Pleas: Date: February 13, 2008 OFFICE OF 1?gpTHONOTApj?y S.?teaRcert E. ?faw4l a Pr onotary By Deputy County of Dauphin n,a tom„ C::??t Sti Sv V? ?J o? PRAECIPE FOR WRIT OF EXECUTION PA. R.C.P. 3101 TO 3149 LEON C. VIA, JR.., : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA DOCKET NO.: 08 - 1145 V. : MATTHEW MOFFET, and SURF CIVIL ACTION -LAW POOLS ACQUISITION CORP., Defendants TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Matthew Moffet., 640 Doghouse Road, Mechanicsburg, PA. 17055 and Surf Pools Acquisition Corp., 100 Old York Road, New Cumberland, PA. 17070 (3) and against the following Garnishees: N/A (4) and index this writ (a) Matthew Moffet, 640 Doghouse Road, Mechanicsburg, PA. 17055, and (b) Surf Pools Acquisition Corp., 100 old York Road, New Cumberland, PA. 17070 as a lis pendens against the real property of Defendant Matthew Moffet as follows: all that certain tract of land situate in Mechanicsburg known as 640 Doghouse Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. (5) Exemption has (not) been waived. (6) Amount due: $6,112.35 ?.a N (7) Please have the Sheriff levy upon any and all personal property of Matthew Moffet, 640 Doghouse Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, including any furniture, appliances, entertainment equipment, collectibles, computers or office equipment, automobiles or other vehicles such as Bob Cats, forklifts or trailers (8) Please have the Sheriff levy upon any and all property of Surf Pools Acquisition Corp., 100 Old York Road, New Cumberland,, Cumberland County, Pennsylvania 17070, including any furniture, appliances, entertainment equipment, collectibles, computers or office equipment, automobiles or other vehicles such as Bob Cats, forklifts or trailers Respectfully submitted, LAW OFFICE OF JOSEPH L. HITCHINGS oseph L. 4hin Esquire 0 Attorney I.D. 551 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 Telephone: (7,17) 503-7321 Fax: (717) 790-6019 Attorney for Plaintiff ??p 1 080 ti w 00 t11 O g? r W r.s ° ' 3 W pu .%A r3 Qo .-- ?? A v =C.) D C Z> b - O LEON C. VIA, JR.., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA DOCKET NO.: 08 - 1145 V. MATTHEW MOFFET, and SURF : CIVIL ACTION - LAW POOLS ACQUISITION CORP., : Defendants CERTIFICATE OF SERVICE I, Joseph L. Hatchings, Esquire, hereby certify that the following service has been completed in compliance with the Rules of Civil Procedure: Via first class mail, postageprepaid Matthew Moffet 640 Doghouse Road Mechanicsburg, PA. 17055 ?-S -h, ' Date Surf Pools Acquisition Corp 100 Old York Road New Cumberland PA. 17070 Respectfully submitted, Law Of a"ce of Joseph L. Aitchings Q )' It) p/Meph L. Hatchings, uire Attorney Identification 65551 5000 Ritter Road, Suite 202- Mechanicsburg, Pennsylvania ?T7055 Telephone: (717) 503-7321 Fax: (717) 790-6019 Attorney for Plaintiff . Y .. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1145 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LEON C. VIA, JR., Plaintiff (s) From MATTHEW MOFFET, 640 Doghouse Road, Mechanicsburg, PA 17055 and SURF POOLS ACQUISITION CORP., 100 Old York Road, New Cumberland, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property including any furniture, appliances, entertainment equiptment, collectibles, computers or office equipment, automobiles or other vehicles such as Bob Cats, forklifts or trailers . (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 $6,112.35 Interest L.L. $.50 Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: 5/06/08 (Seal) Due Prothy $2.00 Other Costs CurK R. Lon&,Rwq&taJ By: Deputy REQUESTING PARTY: Name JOSEPH L. HITCHINGS, ESQUIRE Address: LAW OFFICE OF JOSEPH L. HITCHINGS 5000 RITTER ROAD, SUITE 202 MECHANICSBURG, PA 17055 Attorney for: PLAINTIFF Telephone: 717-503-7321 Supreme Court ID No. 65551 Case 1:08-bk-02219-MDF Doc 19 Filed 07/21/08 Entered 07/21/08 16:02:08 Desc Main Document Page 1 of 1 nb. 6 7 ll`?s UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MATTHEW W. MOFFET f/d/b/a CUMBERLAND VALLEY POOL SERVICE : IN BANKRUPTCY BK. NO. 1-08-bk-02219 CHAPTER 7 PROCEEDING Debtor/Movant MATTHEW W. MOFFET Movant LIEN AVOIDANCE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEON C. VIA, JR. Respondent ORDER OF COURT VOIDING JUDICIAL LIEN In consideration of the within Motion for Order Voiding Judicial Lien filed by counsel for Debtor/Movant, the Court finds that the Respondent has failed to file an Answer or otherwise plead to the Motion for an Order Avoiding Judicial Lien filed on June 25, 2008 and duly served upon the Respondent; therefore, the Court orders judgment by default in favor of the Movant, Matthew W. Moffet, and against the Respondent, Leon C. Via, Jr. to the relief requested in the Motion. IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the Respondent is hereby declared void in its entirety and of no further force and effect as it violates 11 U.S.C. Section 522(f)(1) and interferes with 11 U.S.C. Section 522(d). r? CERTIFIED FROM THE RECORD this R3 d-ay of a/v , 20 ()e Cleric, U.S. Bankru lc , Deputj C€a,,k Dated: July 21, 2008 By the Conn, OR) This document is electronically signed and sled on the same date. c a ? 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