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HomeMy WebLinkAbout09-3116COMMONWEALTH OF PENNSYLVANIA Cni INTY nF- CMWZRLAW r< Mag. Dist. No.: MDJ Name: Hon. THOMAS A. PLACEY Address 104 S SI COgtx11d'HILL `RD KZCHANIC92URG, `PA reenhivn8 (117 761-8230 17.050, F. GREGORY MALONI, TRUSTEE 1264 WEST TRINDLE RD MECHANICSBURG, PA 17050 09-3-04 oiQ - 3! lco C'.+vtil Term NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: t AME and ADDRESS rGRACE C. MALONI, TRUST ? 1264 WEST TRINDLE RD MECHANICSBURG, PA 17050 VS DEONDANT: AME and A130RFSS , !_1k%C1 'RYAN JAMB 18 TI10FA10' DRIVE CARLISLE, PA 17015 L J Docket No.: LT-0000201. 09 Date Filed: 3/30/09 THIS IS TO NOTIFY YOU THAT: Judgment: FOR, PLAINTIFF ® Judgment was entered for: (Name) GRACE C. MALONI. TRUST Judgment was entered against RICH, RYAN JAMES in a Fx? Landlord/Tenant action in the amount of $ 8,159.00 on 4/09/09 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 2,300 . 00. The total amount of the Security Deposit is $ 2,300.00 Total Amount Establishedd b MDJ Less • Security Deposit Applied = Adjudicated Amount Rent in Arrears $ 8, 00.00-$ .00::: $ 8,000.00 Physical Damages Leasehold Property $ .00-$ .00=: $ .00 Damages/Unjust Detention $ .00-$ _W$ -00 ? Attachment Prohibited/ 42 Pa.C.S. § 8127 ? Possession granted. Less Amt Due Defendant from Cross Complaint -- $ -00 Interest (if provided by lease) $ -00 L/T Judgment Amount $ 8.000.00 Judgment Costs $ 159.00 Attorney Fees $ -00 ? This case dismissed without prejudice. Total Judgment $ 8,159.00 ® 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. 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 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 C rti y that "Is is a tr rrect copy o f Cord o the pros contaIniq the judgment, M Date , Magisterial District Judge OF ? pprj Hotq Vo -,AAY 2009 MAY 18 AM 10: 0 5 CUfp?J?"SY1 ??kJi u? 4a?.a5 P4 PLW oftm RT* ousz3c0 oo4ze `yvl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION Caption: GRACE C. MALONI TRUST, Plaintiff v. RYAN iI. RICH PRAECIPE FOR WRIT OF EXECUTION ^ Confessed Judgment ~ Other File No. 2009-3116 Civil Ter ~ Amount Due S8 ,159_ . 00 Interest 6% per annum from April 9, 2009 Atty's Comm ~ 1, 000.00 . Costs 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 p»~~a*+t 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) an a d all1 er onal Ryan J. Rich, 18 Tiffany Drive, Carlisle, PA property o~ine~ by De~en~ant PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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 personalty 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 ~-' /~j/- /0 signature: ~`- S Print Name: _ Katie J. Maxwell /Christopher E. Rig Address: 10 East High Street Carlisle, PA 17013 Attorney for: Plaintif f Telephone: (717) 243-3341 Supreme Court ID No: 206018 /90916 1, ~Li~~i;C- ~ ' - 1 'f ~~~a 3y/ g~27. ~ s co~~ BF 33, yo N ~ , sd p °~- QN-y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-3116 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GRACE C. MALONI TRUST Plaintiff (s) From RYAN J. RICH, 18 TIFFANY DRIVE, CARLISLE, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OWNED BY 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$8,159.00 Interest 6% PER ANNUM FROM APRIL 9, 2009 Atty's Comm %$1,000.00 Atty Paid $156.50 Plaintiff Paid Date: April 14, 2010 L.L. $.50 Due Prothy $2.00 Other Costs David D. Buell, Prothonot (Seal) REQUESTING PARTY: Name CHRISTOPHER E. RICE, ESQUIRE Deputy Address: MARTSON LAW OFFICES, 10 EAST HIGH STREET, CARLISLE, PA 17013 Attorney for: PLAINTIFF Te 1 ephone: 7l 7-243-3341 By: Supreme Court ID No. 90916 ~, ~' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Grace C. Maloni Trust vs. Ryan J. Rich i ~1,;. `:, ;;,`r t ~~ „,~,' ,.. Case Number 2009-3116 SHERIFF'S RETURN OF SERVICE 04/26/2010 11:32 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 26, 2010 at 1100 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Ryan J. Rich, by making known unto Jim Rich, Adult in Charge, at 18 Tiffany Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true anc 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 04-29-10. 05/04/2010 On Tuesday, May 4, 2010 at 1311 hours, a property claim was filed by Attorney Lisa Coyne on behalf of Sharon Rich, who signed the property claim as the claimant. All parties notified by mail this date. 05/14/2010 Reference is made to Property Claim dated May 4, 2010, entered by Lisa Marie Coyne, attorney for claimant, Writ of Execution No. 2009-3116 Civil Term, Grace C. Maloni Trust vs Ryan J. Rich. Ronny R. Anderson, Sheriff, has determined that the claimant, Sharon Rich, in the above mentioned property claim, is the owner of the property set forth in the claim. 05/25/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED per Pennsylvania Rules of Court 3206(c). SHERIFF COST: $102.31 May 25, 2010 SO ANSWERS, ,~ ~, RON R ANDERSON, SHERIFF I BY~~~~~`~.~~i Sharon R.~ Lantz ~ t^~ ~(. Cc~ . 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