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HomeMy WebLinkAbout08-2141Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie 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. ALEX ROBINSON, et al, Defendant PRAECIPE TO ENTER JUDGMENT CIVIL ACTION - LAW AND NOW, this U, day of M RrcJn , 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, Alex Robinson, et al, in the amount of $2,321.00. By: M r C. Duffie JUDGMENT AND NOW, this _3 day of ?pri 1 2008, judgment is entered as above requested in favor of Plaintiff, Charleston Estates, and against Defendant, Alex Robinson, et al. CURT LONG, PROTHONOTARY By: Deputy Attorneys for Charleston Estates IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - ? 141 Livij `l ,;m, COMMONWEALTH OF PENNSYLVANIA N[ T1+ ? ? ISN"T' SCRIPT ; COUNTY OF: CUMBERLAND SOENTIAL LEASE PLAINTIFF: NAME and ADDRESS--1 n:' , Dst Nom. 05 FCHARLESTON ESTATES 124 W. PORTLAND ST M0.1 Name' Hon. -MAR IN MECHANICSBURG, PA 1705 Add' ess MECHANICSBUR , PA VS. 4 DEFENDANT: NAME and AD y 7 1 1705s f-ROBIRSON, ALEX, ET AL. 71 > 7 ? Te,ePnone ( 124 W. PORTLAND ST APT/STE 34 MECHANICSBURG, PA 17055 L J TYSON WOODS 124 W. PORTLAND ST Docket No.: LT-0000152-07 MECHANICSBURG, PA. 55'," , Date Filed: 5/08/078 THIS IS TO NOTIFY YOU THAT: Judgment: Judgment was entered for: (Name CHARLESTON ESTATES in a Judgment was entered against ROBINSON ALEX ® Landlord/Tenant action in the amount of $ 2,321.00 on 5/15/07 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 650.00. The total amount of the Security Deposit is $ 650.00 Applied 0 Ad j Amount Total Amount Established b MDJ Less • Security Deposit AppIo0 _ $ j 2 187.00 $ 287.00 - $ 00 rDamages/U in Arrears .00 =$ .00= $ . _00 ical Damages Leasehold Property $ - 00= $ njust Det ention $ _ 00 _00 Less Amt Due Defendant from Cross Complaint - $ Interest (if provided by lease) $ _ 00 L/T Judgment Amount $ 187.00 Attachment Prohibited/ Judgment Costs $ 1134.00 42 Pa.C.S. § 8127 Attorney Fees $ _ 00 2, 321.00 El This case dismissed without prejudice. Total Judgment $ Post Judgment Credits $ Possession granted. Post Judgment Costs $ Certified Judgment Total $ X] Possession granted if money judgment is no sa Is Ie y Ime evlc ion. Possession not granted,. 0 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 II$. 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 D§Ia1'0WftA#f6)N FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. •, , .... • y PCt: M •` Iste7i`aLoistrict Judo Date certl y at is is a true an correc c o the record o the proceedings containing e j me ' - ;;Magisterial, Distkt Judge. Date _-._-._ f,.?+ nnr?nrlav of .lanuarV. 7 12. SEAL " 0 J ., Pit- 3 - 3YYY !g x ms's. ce CERTIFICATE OF SERVICE AND NOW, this day of " YKAA-&G? , 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: Alex Robinson 124 W. Portland Street, Apt/Ste 34 Mechanicsburg, PA 17055 JOHNSON, DUFFIE, STEWART & WEIDNER By:.. Cassandra T. Ross nbaum :328002 _. d cm i y J M I ? r- b L "-1 I z PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) p.R.C.P. 3101 tO 3149 Etc. CHARLESTON ESTATES, vs. ALEX ROBINSON, only IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Writ No, Term, 2008 No. 08-2141 Amount Due $2,321.00 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 Alex Robinson 124 W Portland Street Apt/Ste. 34, Mechanicsburg, PA 17055 Defendant (s) ; (3) Garnishee (s) ; (4) and index this writ (a) against Alex Robinson Defendant (s) ; and 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 124 W. Portland Street, Apt/Ste. 34, Mechanicsburg, PA 17055. (5) Exe71-71XDV- tion has (not) been waived. ??/?!? J Date: 4 ark .Duffie, Atto for PI ' 1 NOTE Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(6), 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). and against (b) against 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). cv Ito 9> O Vt o t -o C?l s ( O co WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2141 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHARLESTON ESTATES, Plaintiff (s) From ALEX ROBINSON,124 W. Portland Street, Apt/Ste. 34, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell all real and personal property located at 124 W. Portland Street, Apt/Ste 34, 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 $2,321.00 Interest Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: 6/18/08 L.L. $.50 Due Prothy $2.00 Other Costs Curfis R. Lon notary (Seal) REQUESTING PARTY: Name MARK C. DUFFIE, ESQUIRE Address: JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET PO BOX 109 LEMOYNE, PA 17043-0109 Attorney for: PLAINTIFF Telephone: 717-761-4540 Supreme Court ID No. 75906 By: Deputy a O o R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned ABANDONDFD. No action has been taken in the last six months. Sheriff's Costs: Docketing $18.00 Law Library .50 Prothonotary 2.00 Surcharge 20.00 Mileage 12.00 Poundage 1.05 $53.55 .l cf/bq(bq So An R. Thomas Kline, Sheriff C CC :73 BY cz) co M Serg ant S? "L d b 1 c!?.r 80?i Sv 6k- 7/ ?3S n3CI WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2141 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHARLESTON ESTATES, Plaintiff (s) From ALEX ROBINSON, 124 W. Portland Street, Apt/Ste. 34, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell all real and personal property located at 124 W. Portland Street, Apt/Ste 34, 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 $2,321.00 Interest Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: 6/18/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs C ' R. Long, P otary By: Deputy REQUESTING PARTY: Name MARK C. DUFFIE, ESQUIRE Address: JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET PO BOX 109 LEMOYNE, PA 17043-0109 Attorney for: PLAINTIFF Telephone: 717-761-4540 Supreme Court ID No. 75906 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. 08-2191 Civil Term V. Amount Due $2,321.00 ALEX ROBINSON, 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 defendants located at 50 F Street, Carlisle, PA 17013 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/Q Signature: Print Name: Mark C. D fie Address: 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 Attorney for: Plaintiff Telephone: 717-7614540 Supreme Court ID No: 75906 390300 - 'aq-ov a>. as ")4v- Oa -?- S0 -?.moo CK-df 3.ZSV? R-4- "t70 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-2141 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Charleston Estates Plaintiff (s) From Alex Robinson (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 50 F Street, Carlisle, PA 17013 . (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$2,321.00 Interest L.L. Atty's Comm % Atty Paid $128.80 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 $2.00 Other Costs David D. Buell, Prothonotary cm F4'2r-- Deputy d ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 'I ~.!; Sheriff ~$~ttttl ~'~ ~ I[iPi~P~~~ sir T~ rr- . •- - r,~ Jody S Smith ''"~ Chief Deputy ~ '~`~ ~ ~ X1(1 ! ~ ., ! (t , , Richard W Stewart i- ~ ~l ~ ~~ t(~ 3 ~~,~ Solicitor t cr ,M~ s ~_~a,~r yr to ~ ,,~i•,. ~r C ~ _~ 3 i _. ~~.;, Charleston Estates vs. Alex Robinson Case Number 2008-2141 SHERIFF'S RETURN OF SERVICE 02/08/2010 08:24 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 8, 2010 at 2010 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Alex Robinson, by making known unto Alex Robinson, at 50 F Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 02-18-10. 07/28/2010 03:54 PM -Sale bill posted on July 28, 2010 at 1554 hours by Deputy Cobaugh. Sale date set for August 12, 2010 at 1500 hours. Copy of sale bill mailed to Attorney Duffle. 08/11/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $145.54 (PAID BY DEFENDANT) SO ANSWERS, August 11, 2010 RON R ANDERSON, SHERIFF„ B on R. Lantz a~oa P~~ ~. >~s~3 ~ ~ ~.~G79~ {c? CountySurte Sheriff. Teleosoff. Inc. •~ DISTRIBUTION PLAINTIFF WRIT NO. Charleston Estates -vs- Alex Robinson Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 2,321.00 128.80 $ 2,449.80 Sheriff s Costs: Docketing $ 18.00 Poundage 46.42 Law Library Prothonotary 2.00 Service Mileage 10.80 Postage 1.32 Advertising 10.00 Postpone Sale 15.00 Bad Check Charge Surcharge 20.00 Garnishee Levy 20.00 TOTAL $ 143.54 Defendant Paid to Sheriff Advance Costs Total Collected DISIBUTION Pd. To Pltff. $ Refund of Adv. Costs Sheriff's Costs „2,449.80 150.00 143.54 $ 2,593.34 150.00 $ 2,743.34 So Ans ers: R. Anderson ff B Charleston Estates 2008-2141