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HomeMy WebLinkAbout08-2139 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com CHARLESTON ESTATES, Plaintiff V. KERRI A. HULSE, Defendant PRAECIPE TO ENTER JUDGMENT CIVIL ACTION - LAW AND NOW, this,;X day of At ik , 2008, no appeal having been taken from the District Justice's award in the above captioned matter, enter judgment on the award in favor of Plaintiff, Charleston Estates, and against Defendant, Kerri A. Hulse in the amount of $3,209.00. By: Mark C. Duffle JUDGMENT AND NOW, this "d day of Anri ( , 2008, judgment is entered as above requested in favor of Plaintiff, Charleston Estates, and against Defendant, Kerri A. Hulse. CURT LONG, PROTHONOTARY By: Deputy Attorneys for Charleston Estates IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 4139 ,wt'l Ter 0- COMMONWEALTH OF PENNSYLVANIA COUNTY OR CUMBERLAND Mag. Dist. No.: MDJ Name: Hon. 09-3-05 MARK MARTIN Address: 507 N YORK ST MECHANICSBURG, Telephone: (717 ) 766-4575 17055 TYSON MOODS 124 W. PORTLAND ST MECHANICSBURG, PA 17055 THIS IS TO NOTIFY YOU THAT: Jud ment& NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS FCHARLESTON ESTATES 124 W. PORTLAND ST IMCHANICSBURG, PA 17055 L J VS. DEFENDANT: NAME and ADDRESS I'MMOR, KERRI A 1708 SHEEPFORD ROAD NECHANICSBDRG, PA 17055 L J Docket No.: LT-0000358-07 Date Filed: 10/05/07 g ® Judgment was entered for: (Name) FOR PLAT I CHARLESTON ESTATES Judgment was entered against MMSE, KERRI A in a 0 Landlord/Tenant action in the amount of $ 3 , 209.00 on 10/19/07 (Date of J udgment) The amount of rent per month, as establis hed by the Magisterial District Judge, is $ 745 .00. The total amount of the Security Deposit is $ 745.00 Total Amount Established by MDJ Less • Security Deposit Applied= Rent in Arrears $ 3, D80.00- 00 Adjudicated Amount Physical Damages Leasehold Property $ = $ . .00-$ .0 = $ 3,080.00 $ 00 Damages/Unjust Detention $ - 00 - $ -00= . $ 00 Less Amt Due Defendant from Cross Complaint - $ 00 Interest (if provided by lease) . $ 00 ? Attachment Prohibited/ L/T Judgment Amount Judgment Costs $ 3, 080 00 42 Pa.C.S. § 8127 Attorney Fees $ 1129.00 $ ? This case dismissed without prejudice. Total Judgment _oo $ 3,209.00 ? Possession granted. ® Possession granted if money judgment ? Possession not granted. 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 Judge #rtly at this is a true an corre op t e recor o Me proceedings containing t h e judgment. C)` Date M? I - _ , Magisterial District Judge commission exnires first IVlnnrfa,r of Inni-nn, ^^-- PA CERTIFICATE OF SERVICE AND NOW, this `Z? day of -4 r A - , 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Kerri A. Hulse 1708 Sheepford Road Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART 8, WEIDNER By: J Cassandra T. R senbaum 327963 n AA- S v r =1 ?? a C=1 Q1 fi / M1 / ._ -- c.•.Yy c ,t -rl 00 u -1 O ra. i ?7- PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) p.R.C.P. 3101 to 3149 Etc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLESTON ESTATES, Writ No. Term, 2008 VS. KERRI A. HULSE No. 08-2139 Amount Due $3,209.00 Interest From Attorney's Com. Costs $ TO THE PROTHONOTARY OF SAID COURT: Please issue WRIT OF EXECUTION in the above matter, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) Against Kerri A. Hulse 1708 Sheepford Road, Mechanicsburg, PA 17055 Defendant (s) ; (3) and against Garnishee (s) ; (4) and index this writ (a) against Kerri A. Hulse Defendant (s) ; and (b) against Garnishee (s), as a lis pendens against the real property of the Defendant (s) in the name of the Garnishee (s) as follows: (Specifically describe property) Attached all real and personal property of the Defendant located at (5) Exemption has (not) been waived. Date: VAl'of NUfh: Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph (3) above should be completed only if a named garnishee is to be included in the writ. Paragraph (4) (a) should be completed only if indexing of the execution in the county of issuance, is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3104(b). Paragraph 4 (b) should be completed only if real property in the name of a garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). 0 ? 0 °n V% rr, -bra U Q ?, fi # WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2139 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHARLESTON ESTATES, Plaintiff (s) From KERRI A. HULSE, 1708 Sheepford Road, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell all real and personal property of the defendant . (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 $3,209.00 Interest L.L. $.50 Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: 6/16/08 (Seal) REQUESTING PARTY: Name MARK C. DUFFIE, ESQUIRE Address: JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET P.O. BOX 109 LEMOYNE, PA 17043-109 Attorney for: PLAINTIFF Telephone : 717-761-4540 Supreme Court ID No. 75906 Due Prothy $2.00 Other Costs Curt' R. Long, Pro a By: Deputy de - 213? Thomas writ is r iiriff s Co Docketing Poundage Advertising Law Library Mileage Surcharge Levy Certified T Post Pone Garnishee Postage TOTAL ine, Sheriff, who being duly sworn according to law, states arned STAYED. Advance Costs: 150.00 Sheriffs Costs: 61.71 18.00 88.29 1.21 .50 2.00 Refunded to Atty on 07/15/08 20.00 20.00 C) 11 =(VA $ 61.71 ? So Answers; ?ao' 4 ?W ? mop 0. R. Th mas Kline, She *ff By Claudia A. Brewbaker ci L I P BOt vi "?it .p. sro AL ? 1? L ?l4.2,8 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2139 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHARLESTON ESTATES, Plaintiff (s) From KERRI A. HULSE, 1708 Sheepford Road, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell all real and personal property of the defendant . (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 $3,209.00 Interest Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: 6/16/08 L.L. $.50 Due Prothy $2.00 Other Costs e &Fiu - ?62=lrwrw --% rr=xweow Curt" . Long, P ary (Seal) REQUESTING PARTY: Name MARK C. DUFFIE, ESQUIRE Address: JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET P.O. BOX 109 LEMOYNE, PA 17043-109 Attorney for: PLAINTIFF Telephone: 717-761-4540 Supreme Court ID No. 75906 By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION [ ]Confessed Judgment CHARLESTON ESTATES, [ x ]Other Plaintiff File No. 08-2139 Civil Term V. Amount Due $3,209.00 KERRI A. HULSE, Interest $ Defendant Atty's Comm. $ 0 Costs Judgment $27.25 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 or funds of defendant located at 714 Hogestown Road Mechanicsburg PA 17055 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 personally 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 _ 1 • ?. 9 • f e Signature: Print Name: Mark C. Du fie Address: 301 Market Street, P.O. Box 109, Lemoyne PA 17043 Attorney for: Plaintiff Telephone: 717-761-4540 Supreme Court ID No: 75906 390316 tom, ., C.N. 0G' 131,r- 91 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-2139 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Charleston Estates Plaintiff (s) From Kerri A. Hulse (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property or funds of defendant located at 714 Hogestown Road, Mechanicsburg, PA 17055. (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$3,209.00 Interest L.L. Atty's Comm % Atty Paid $136.96 Plaintiff Paid Date: January 29, 2010 (Seal) REQUESTING PARTY: Name Mark C. Duffle, Esq. Address: 301 Market St., P. O. Box 109 Lemoyne, PA 17043 Attorney for: Plaintiff Telephone: 717-761-4540 Supreme Court ID No. 75906 Due Prothy $2.00 Other Costs 124;ce,L-b l- U ? David D. Buell, Prothonotary By: Deputy .~ .. ~~ r Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOiICItOr ~~~pta of t:u+t~Ur~~~it d t~ c ~c ~?F i. ?s J ! ~~ ~~ ~ P ~~i,~ r`rt!` i 7~1Q ~~~3~t -3 ~~~~ I' ~ ~;, ,.. ''~ e ~ „ Charleston Estates Case Number vs. Kerri A Hulse 2008-2139 SHERIFF'S RETURN OF SERVICE 11/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $89.98 November 02, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF B aron R. Lan z ~ m fir. ~~- ~~ ai3~ ~; b 7 ~' SHERIFF'S OFFICE OF CUMBERLAND COUNTY n';. Ccu+i;ySuita Sherr+fY. TelacsuY'Y. frl~.