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HomeMy WebLinkAbout09-0636F:\FILES\Clients\12827 Diehl\12827.6.pra.transfer Created: 1/21/05 4:23PM Revised: 2/2/09 10:23AM Christopher E. Rice, Esquire I.D. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DONALD E. DIEHL and SUZANNE DIEHL, V. ANTHONY SIMS and KELLY SIMS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09 - L 3 L CIVIL TERM CIVIL ACTION -LAW PRAECIPE TO ENTER JUDGMENT ON DISTRICT JUSTICE'S TRANSCRIPT OF JUDGMENT Pursuant to Act of July 9, 1976, P.O.586, No. 142, § 42 Pa. C.S.A. 1516, and in accordance with the transcript of the District Justice which is attached hereto, enter judgment in favor of Donald E. Diehl and Suzanne Diehl, Plaintiffs, and against Anthony Sims and Kelly Sims, Defendants, in the sum of $4,475.77, which consists of $4,313.99 as principal and $161.78 as costs, plus interest thereon from August 12, 2008, as provided by law. Plaintiff hereby certifies that the last known address of Defendants is 43 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. MARTSON LAW OFFICES By Christopher E. Rice, Esquire I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: _ 5 , A) / Attorneys for Plaintiffs COMMONWEALTH OF PENNSYLVANIA CnLINTY 01=- C?11?SRLAND Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BRENBAKER Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717 ) 240-6564 17013 NOTICE- OF JUDGMENT/TRANSCRIPT PLAINTIFF: I RESIDENTIAL LEASE NAME and ADDRESS rDIEHL, DONALD E 4 E HIGH ST CARLISLE, PA 17013-3015 L DEFENDANT: rSINS, NIMONY 210 E STREET CARLISLE, PA VS. NAME and ADDRESS S, ET AL. 17013 J ANTHONY Z. SINS L J 210 E STREET Docket No.: LT-0000206-08 CARLISLE, PA 17013 Date Filed: 7/28/08 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) DIEHL, DONALD E Judgment was entered against SIMS, ANTHONY E in a ® Landlord/Tenant action in the amount of $ 4,475.17 on 8/12108 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 900.00. The total amount of the Securitv DeDOSit is $ 900.00 Total Amount Established by MDJ Less - Security Deposit Applie? _ Rent in Arrears $ 4, 313.99 - $ 0 = Physical Damages Leasehold Property $ .00-$ .00= Damages/Unjust Detention $ -00-$- -00= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T 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 i ? Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total $ Adjudicated Amount 4,313.99 $ .00 $ .00 $ _00 $ _00 $ 4,313_99 $ 161_78 $ _ee $ 4,475.77 ? 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. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. 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 J`UDAMENT 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 Cl.? istedai District Judge lity that this is a tru an corr ct cogy o the record Ings containing the Judgment. % Date , Magisterial District Judge M? commission expires first onday of January, 2012. SEAL A0 C 315A.08 RECEIVED M SON' COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAft Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BREWBAKER Address: 18 N HANOVBR ST STE 106 CARLISLE, PA Telephone: (717 ) 240-6564 17013 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rDIEHL, DONALD E 4 E HIGH ST CARLISLE, PA 17013-3015 L J VS. DEFENDANT: NAME and ADDRESS rSINS, ANTHONY E, ET AL. 7 210 E STREET CARLISLE, PA 17013 DONALD E. DIEHL L -J 4 E HIGH ST Docket No.: LT-0000206-08 CARLISLE, PA 17013-3015 Date Filed: 7/28/08 ?l THIS IS TO NOTIFY YOU THAT: Judgment; POI JLAZ 'Trx ® Judgment was entered for: (Nall)' DIEHL, DONALD E Judgment was entered against SINS, KELLY N in a ® Land lord/Tenant action in the amount of $ 4,475.Z7 on 8/12/08 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 900.00. The total amount of the Security Deposit is $ 900.00 Total Amount Established b MDJ Less- Security Deposit Applied = Adjudicated Amount Rent in Arrears $ 4, y313.99 -$ .00= $ 4,313.99 Physical Damages Leasehold Property $ .00-$ .00= $ .00 Damages/Unjust Detention $ _00-$ _00= $ -00 Less Amt Due Defendant from Cross Complaint - $ -00 t Interest (if provided by lease) $ -00 L/T Judgment Amount $4.313.99 F At chment Prohibited/ Judgment Costs $ 161.76 42 a.C.S. § 8127 Attorney Fees $ -00 ? This case dismissed without prejudice. Total Judgment $ 4,475.77 F1 Possession granted. Post Judgment Credits _$ Post Judgment Costs $ Certified Judgment Total $ ® Possession granted if money judgment is no sa Is le by time o evlc Ion. 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 SUPERSEDERS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARRJEARS 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 MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE., THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE??UEOMEPtT. MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGIYIEPIT DEBTOR 0AY3 JN, FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ` 6". Prux, Magisterial District Judge w Date QAJV.4- Elcerti, y t at t Is is a tr a corr ct copy o t e record o t hit proceedings containing the judgment.. ' a Date n1 c ?'? Magisterial District Judge A.. ?._..a.._.e.e..?... ....... ..... t;.. A A ?._ J... .t. .Lr.._..:..? .. Christopher E. Rice, Esquire I.D. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DONALD E. DIEHL and IN THE COURT OF COMMON PLEAS OF SUZANNE DIEHL, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09 - L 3 S CIVIL TERM ANTHONY SIMS and CIVIL ACTION -LAW KELLY SIMS, : AFFIDAVIT OF NO APPEAL As of 2009, a District Justice appeal has not been filed in the Court of Common Pleas o umberland County. MARTSON LAW OFFICES fx? By <. /C-, Christopher E. Rice, Esquire I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 4,5 l a 9 Attorneys for Plaintiffs Sworn to and subscri e this _ day of b before m ? '2009. N ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, C.umberiand County My Commission Expires Aug, 18, 2011 Member, Pennsyivan!a A'_sWation of Notaries Christopher E. Rice, Esquire I.D. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DONALD E. DIEHL and IN THE COURT OF COMMON PLEAS OF SUZANNE DIEHL, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09 - 6 .3 ( CIVIL TERM ANTHONY SIMS and CIVIL ACTION -LAW KELLY SIMS, NOTICE OF ENTRY OF JUDGMENT TO: Anthony Sims, Defendant You are hereby notified that on 2009, the following Judgment has been entered against you in the above-captioned case: in favor of Donald E. Diehl and Suzanne Diehl, Plaintiffs, and against Anthony Sims, Defendant, in the sum of $4,475.77, which consists of $4,313.99 as principal and $161.78 as costs, plus interest thereon from August 12, 2008„ as provided by law. Dated: s e Curtis R. Long, Prothonotai4y f, I hereby certify that the name and address of the proper person to receive this notice under Pa. R.Civ P. 236 is: Anthony Sims 43 East North Street Carlisle, PA 17013 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe to Enter Judgment on District Justice's Transcript of Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. and Mrs. Anthony E. Sims 43 East North Street Carlisle PA 17013 MARTSON LAW OFFICES By/ lg4M/ / ( ov? Mari . Price Ten E st High Street Carlisle, PA 17013 (717) 243-3341 Dated: ? l,3 v 7 n ^? IT) G t V l _" e C ? F:\FILES\Clirnts\12827 DiehA12827.6.pra Created: 1/21/05 4:23PM Revised: 2/9109 9:46AM Christopher E. Rice, Esquire I.D. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DONALD E. DIEHL and SUZANNE DIEHL, IN THE COURT OF CUMBERLAND CO v. ANTHONY SIMS and KELLY SIMS, To the Prothonotary: NO. 09 - 636 CIVIL Z CIVIL ACTION - LA PRAECIPE TO AMEND CAPTION Please remove Suzanne Diehl as a Plaintiff in the MARTSON LAW BY O? S Christopher E. Rice, I.D. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 ,ION PLEAS OF , PENNSYLVANIA matter Date: v? ^ q - B Attorneys for Plainti CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson hereby certify that a copy of the foregoing Praecipe was served this Post Office at Carlisle, PA, first class mail, postage prepaid, addres Mr. and Mrs. Anthony E. Sims 43 East North Street Carlisle PA 17013 MARTSON LAW By Mari 1 /4 l. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Iliams Otto Gilroy & Faller, by depositing same in the as follows: Dated: c ? '1? 9 In making this communication, we are advising you this firm is for Donald E. Diehl. Any information gained from this communic purpose opting to collect a debt will be used for that O s CI