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HomeMy WebLinkAbout08-4034COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: MDJ Name: Hon. 09-3-03 SUSAN S. DAY Address: 229 MILL ST., BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 ATTORNEY FOR PLAINTIFF : MICHAEL A. SCHERER 19 N SOUTH ST O'BRIEF BARIC & SCHERER CARLISLE, PA 17013-3444 17015 L J Docket No.: LT-0000149-08 Date Filed: 5/06/08 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF Fx] Judgment was entered for: (Name) TONER, ROBIN Judgment was entered against LEVITZ, ALAN & TERRI in a ® Landlord/Tenant action in the amount of .$ 3,198.76 on _5119108 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 1,256 - 00. The total amount of the Security Deposit is $ .00 Total Amount Established bU50 J 0L ss • Security Deposit Appliie?l= Rent in Arrears $ , U $ .00= Physical Damages Leasehold Property .00-$ .00= Damages/Unjust Detention $ _00-$ _ 00= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) LIT Judgment Amount ? Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. ? Possession granted. ® Possession granted if money judgment ? Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total Adjudicated Amount $ 3,050.00 $ _.00 00 $ _00 $ _oo $ 3,050_00 $ 149.76 $ _00 $ 3,198.76 $ 138.76 $ 3,337.52 ? 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 EY.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 TV 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 4UDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEASCIVIL DIVISION. THE PARTY FILING AN APPEAL•MYST 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 )SS1iQ;BY AE4. AGISTERIAL, DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE,d6601 OFc0,INMON FLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRVrOF--SATISFACTION WITH THE MAGISTERIAL DISTRICT-JU66E IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR`OT.HERWIySE.COgAPh B' WITHTHE"JU.DGMENT. t' L k Date , Magisterial District Judge certl y t t this is a true a or y =thei?Fco o "gs containing ffia lu gment. 2.14-0 Date 1 Magisterial District Judge MX commission expires first Monday of January, 201 AO C 315A-06 V L J VS. NAME and ADDRESS So TERRI, ET AL. DEFENDANT: 17065 rLEVITH, ALAN 408 ZION RD CARLISLE, PA NOTICE OF JUDGMENT/TRANSCRIPT °_3y PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rT_ONER, ROBIN 6962 SHERMAN ST. MILTON, FL 32570 SEAL ?.1 of rK\ N V `W v? ha cn t r-S CID r CD s ROBIN TONER, Plaintiff V. ALAN LEVITH and TERRI LEVITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- CIVIL TERM CIVIL ACTION-LAW NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Alan Levith 408 Zion Road Carlisle, Pennsylvania 17015 Notice is hereby given to you of entry of a judgment against you in the above matter. Pro onotary Date: ?• 1V ?/ 4 ROBIN TONER, Plaintiff V. ALAN LEVITH and TERRI LEVITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- CIVIL TERM CIVIL ACTION-LAW NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Terri Levith 408 Zion Road Carlisle, Pennsylvania 17015 Notice is hereby given to you of entry of a judgment against you in the above matter. isr • ,? Prot onotary Date: _? ??? ROBIN TONER, Plaintiff V. ALAN LEVITH and TERRI LEVITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- Md3y CIVIL TERM CIVIL ACTION-LAW PRAECIPE FOR NOTICE OF INTENT TO ATTACH WAGES TO THE PROTHONOTARY: Issue a Notice of Intent to Attach Wages in the above matter (1) against Alan Levith, defendant, (2) against Lehman Brothers Bank FSB t/a Campus Door, Inc., employer for the defendant. Date: I'2'00 Mr'chael A. Sch6refr, Esquire I. D. # 61974 O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Judgment Creditor-Landlord N cN o? V C3 rrt W C' rya C s~ CD .p' ROBIN TONER, Plaintiff V. ALAN LEVITH and TERRI LEVITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008- ID3y CIVIL TERM CIVIL ACTION-LAW CERTIFICATION BY JUDGMENT CREDITOR-LANDLORD 1. The plaintiff judgment-creditor is : 2. The defendant judgment-debtor is: 3. The employer garnishee is Robin Toner 6962 Sherman Street Milton, Florida 32570 Alan Levith 408 Zion Road Carlisle, Pennsylvania 17015 Lehman Brothers Bank FSB t/a Campus Door, Inc. 1415 Ritner Highway Carlisle, Pennsylvania 17013 (800) 786-0002 4. This judgment arises out of a residential lease for premises at 408 Zion Road, Carlisle, Pennsylvania 17015. 5. (a) The amount of the judgment is $3,337.52 (b) The security deposit in the amount of $700.00 is being held by the judgment creditor-landlord. This security deposit: x has been applied has not been applied to payment of rent due on the same premises for which the judgment has been entered (c) The amount of $0.00 has been paid toward the satisfaction of the judgment. 6. This praecipe is filed within five years of the date of the original judgment upon which execution is sought. 7. The judgment was entered: in a civil action commenced in the court of common pleas x in an action brought before a magisterial district judge in an action commenced in the Philadelphia Municipal Court 8. Check the appropriate paragraph and attach the required documents: x (a) If the judgment was entered in a civil action (Pa.R.C.P.M.D.J. 301 et seq.) before a magisterial district judge, a copy of the complaint filed with the magisterial district judge is attached to this Notice, showing that the action arose from a residential lease. (b) If the judgment was entered in an action for the recovery of possession of real property (Pa.R.C.P.M.D.J. 501 et. seq.) before a magisterial district judge, copies of the appropriate magisterial district judge records are attached showing that the action arose from a residential lease and that the defendant appeared or filed papers in the action or that the complaint was served by handing a copy to the defendant. I certify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. r. Date: L9? M' h e A. Scherer, Esquire Attorney for Judgment Creditor-Landlord COMMONWEALTH OF PENNSYLVANIA LANDLORD AND TENANT COMPLAINT NAME and ADDRESS N I Y ur: L.um.oJaALL-%M,V Mao. 01m. No.', 09-3-03 PLATr;AFF: `?Robt V-\ Lo 01 (-P 2 L?.?i 1 MDJ Nome, Hon, SUSAN X. DAY Addrn: 229 MILL ST, BOX 167 MT. SULLY SPRINGS, Pig 17065 Taicphone: (717) 486-7672 Filing Costs g4" 5 Postage $ Service Costs $ Constable Ed. L0 `o I / Total 1 _s 1_ Pa,R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party, TO THE DEFENDANT: The above named plaintiff (s) asks judgment together with costs against you for the possession of real property and for Lease is 41 Residential Nonresidential. Damages for injury to the real property, to wit: Rent remaining due and unpaid on filing date in the amount of F1 And additional rent remaining due and unpaid on hearing date Attorney fees in the amount of Damages for the unjust detention of the real property in the amount of THE PLAINTIFF FURTHER ALLEGES THAT: 1- The location and the address, if any, of the real property is, Vs. DFFrNDANT' NAME and ADDRESS 7A(a n $ 1-crr- LeUI tIq 40'? 2-kLV-? Docket N )`T ? y'-OS' Date Filed: 5-5-05 Total: $ 2. The plaintiff is the landlord of that property. 3. He leased or rented the property to you or to _ _ 4. 1-1 Notice to quit was given in accordance with law, or E3'No notice is required under the terms of the lease, under whom you claim. 5. IJ The term for which the property was leased or rented is fully ended, or A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: _Cout S , Ct V11?1/ t in !h 'I V1 ? 0 1 -?l 6 r- - Rcn't reserved and due has, upon demand, remained unsatisfied. or, 6. You retain the real property and refuse to give up its possession. I, QD6 h v `' , V- verify-that the facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA, C- S. § 4904) r ?? ?i &?-I, un, ((orn falsification to authorities. ??JUtCI(M ??/1 c n ti uvl'v? IF YOU HAVE A DEFENSE In Ihls contplalnl you may present it Al the hearing. IF YQU HAVE. A CLAIM api" Ihm nAIMNl A6010 nut 0114 MCUpanc)r Of the premlaes, which i9 In the magl9terial 08tdcl judge iurlsdiclion anU which you intend 10 assert at the hr.5iri0?l, Y01,1 Mu$T FIL.F II nn a complalN lam at this afflce BEFORE THE TIME set for ;ne hearing. tl' YOU 00 NOT APPEAR AT THE HEARING, 3 JuOgmenl for possession and cm,t 4, anrd Ior domego* end ronT II claimed, may neyortheleas op entered against yo-. A dudPmenl aty8lnal you for posses?Ion may result In your EVICT101" Trom the premises. If you are disabled and require a reasonable Accommodation to gain access to the Magisterial District Court and its services, lease contact the Magisterial District Court at the above address or telephone number. We are unable to orovide tvanannrte+ SIB e? r ry) G n in the amount of: $ o $ J J rnOy be recorded on rovrr:c it A SHERIFF'S RETURN - REGULAR CASE NO: 2008-04034 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TONER ROBIN VS LEVITH ALAN ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTC INT ATTACH WAGES was served upon LEHMAN BROTHERS BANK FSB T/A CAMPUS DOOR INC the DEFENDANT , at 0013:10 HOURS, on the 11th day of July , 2008 at 1415 RITNER HIGHWAY CARLISLE, PA 17013 by handing to STEVE WINNIE GENERAL COUNSEL a true and attested copy of NOTC INT ATTACH WAGES together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 5.00 Affidavit 00 Surcharge 10.00 R. Thomas Kline/ Postage .42 71410p 33.42 07/14/2008 O'BRIEN, BARIC & SCHERER Sworn and Subscibed to By: before me this day epu y eriff of A.D.