HomeMy WebLinkAbout10-2319COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No..
MDJ Name: Hon.
09-3-01
HAROLD E. BENDER
Address: 35 W ORANGE ST
SHIPPENSBURG, PA
Telephone: (7 17 ) 532-7676
17257-0361
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
rWITMER, JUDY
117 OAKVILLE RD
SHIPPENSBURG, PA 17257
L J
VS.
DEFENDANT: NAME and ADDRESS
rKINSEY, ANTHONY
348 E FORT ST
SHIPPENSBURG, PA 17257
JUDY WITMER L J
117 OAKVILLE RD Docket No.: LT-0000033-10
SHIPPENSBURG, PA 17257 Date Filed: 2/08/10
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
Fx? Judgment was entered for: (Name) WITMER, JUDY
udgment was entered against KINSEY, ANTHONY in a
?X andlord/Tenant action in the amount of $ 1,708.00 on 2/18/10 (Date of Judgment)
he amount of rent per month, as established by the Magisterial District Judge, is $ 210.00.
The irotal amount of the Security Deposit is $ 210.00
Total Amount Established b MDJ Less Security Deposit Applied=
Reri in Arrears $ 190.0-$ .00=
Phy ical Damages Leasehold Property $ .00-$ .00=
Da ages/Unjust Detention $ - o0 - $ -00
=
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
L/T Judgment Amount
? Attachment Prohibited/ Judgment Costs
4Pa.C.S. § 8127 Attorney Fees
? iThis case dismissed without prejudice.
? IPossession granted.
0 (Possession granted if money judgment
F1 Possession not granted.
Il
Total Judgment
Adjudicate d590 unt
$ .00
$ -00
$ .00
$ _no
$ 1,590_00
$ 118_00
$ -00
$ 1,708.00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
? Defendants are jointly and severally liable.
IN N ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN D YS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF TH COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDE TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THRE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR
SECT( N 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT.
IF PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DA S AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
cOUR S OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
TH PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCE T AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLD R ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF C MMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UN ESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A RE UEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETT ES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date Magisterial District Judge
certify that this is a true an 7cr ect copy o 2aoord o the proceedings containing the lu gment.
Date / Magisterial District Judge
MV commission expires first Monday ofJanuary, 2012. SEAL
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Judy Witmer I Ht.is' 1 H 1)'4 U I ,
1 117 Oakville Rd
Shippensburg, PA 17257 t 13 DEC -9 PM I: 55
2
CUMBERLAND COUNT)
3 Plaintiff In Pro Per PENNSYLVANIA
4
Cumberland County Courthouse
5
6
Case No.: 10-2319
7 Judy Witmer, )
ACKNOWLEDGMENT OF ASSIGNMENT
8 Plaintiff, ) OF JUDGMENT
9 VS. }
10 Anthony Kinsey,
11 Defendant
12
13 COMES NOW Judy Witmer, Plaintiff in the within matter and hereby provides the following in
14 support of an ASSIGNMENT OF JUDGMENT:
15 1) THAT judgment was entered by this court on or about 2/18/10.
16 2) THAT Plaintiff Judy Witmer was awarded against Defendant Anthony Kinsey the sum
17 of$1,708.00.
18 3) THAT there have been no renewals since the entry of said judgment by this court and that
19 Plaintiff Judy Witmer has received $0.00 of judgment from Defendant Anthony Kinsey.
20 4) THAT Judy Witmer of 117 Oakville Rd Shippensburg, PA 17257 is the judgment
21 creditor of record.
22 5) THAT the last address of record for the judgment debtor is 348 E Fort Street
23 Shippensburg, PA 17257.
24 6) THAT I hereby transfer irrevocably, without recourse, and assign all title, right, and
25 interest in the within judgment to the following person:
26 Michael Carducci
27 D/B/A MDC Judgment Recovery fV%04
C
28 PO BOX 52 Mount Holly Springs, PA 17065 717-609-0178 ���
p*.2 9.9.2"/
"Acknowl edcmient of Assi cmment of Jud[mient" - 1
1
2 7) THAT I hereby authorize Assignee, Michael Carducci D/B/A MDC Judgment Recovery,
3 to recovery, compromise, settle and enforce said judgment and I withdraw all right and
4 claim to same.
5
•
6 Signed this ) day of ber , 20)3 at 5h p p sb j, PA.
7
, ii/i
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/' Y/P' rner
to
11
Commonwealth of Pennsylvania)
12 County of Cimberland )
On this 15 day of I�i� rnbQr.-20.�.,�before me
13 a not ry p blic,. he ndersigned officer, personally appeared
known to me'( or satisfactorily proven) to be the person
14 whose name(s) is/are subscribed to the within instrument
and acknowledged that he/she/they executed the same
15 for the purposes therein contained.
witness her of I to s t m hand nd al.
16 Notary Public
17
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18 ` „. 'OTARIOFP ,N=YLV IA
DESQ A
Boro of Shi ublic
p"::::�;::::�• �1 Coun
19 My Commission Expires Nevelt:: 3,2017
20
21
22
23
24
25
26
27
28
"Acknowl edcmient of Assi cmment of Judcnnent" - 2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
'M'ChC"P( CIVIL DIVISION
D1191A
_14#eRf 409WOV PRAECIPE FOR WRIT OF EXECUTION
PO 601 (®4, r1 p6-7 ❑Confessed Judgment
` Plaintiff ❑Other
&fhdAJ P,Aq�y VS. - File No.
L' Art
f� ��. 7�lt���S�u��'I M-1 [?S`r Amount Due
Defendant Interest 6% rt o 02
Address: Atty's Comm
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 appropriaterigipa ::
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of9740 ,
amended.
r
Issue writ of execution in the above matter to the Sheriff of
County,for debt,interest and costs,upon the following described property of the defendant(s) ,.� ^ Jr C '
Ca s
CD-r
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)
?�fto y � � !� Lp-kewW ro Aaltk- per 9yMe C0di��(a�m� �-rao�� ���ye�� Rd 40 AllV41
and all other property of the defendant(s)in the possession,custody or control of the said gamishee(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 Signature:
g• Q p q� P J�T Print Name: rcl{aP� �Q��uECr
r�• / Address: io F 1�
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Attorney for: 7 /
6,S• S P ) f" Telephone:
�, S 1/Ua co. Supreme Court ID No:
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 2010-2319 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF COUNTY:
To satisfy the debt, interest and costs due Michael Carducci d/b/a MDC Judgment Recovery
Plaintiff(s)
From Anthony Kinsey-348 E.Fort St.,Shippensburg,PA 17257
(1) You are directed to levy upon the property of the defendant(s)and to sell
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of Service Credit UnionGARNISHEE(S)as follows:
Anthony Kinsey is believed to bank at Service Credit Union at 2032 Lafayette Rd.,
Portsmouth,NH 03801. I wish to garnish this account.
and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the gamishee(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$1,708.00 Plaintiff Paid$65.75
Interest 6% from 2/18/10-present
Attorney's Comm. % Law Library$
Attorney Paid$ Due Prothonotary$2.25
Other Costs$
Date: January 24,2014 JOA V b -1). !U F L
David D. Buell,Prothonotary
By:
Deputy
REQUESTING PARTY:
Name : Michael Carducci,Pro Se
Address: P.O. Box 102
Mt.Holly Springs,PA 17065
Attorney for:
Telephone: 717-609-0178
Supreme Court ID No. Pro Se
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
�ilXn CIVIL DIVISION
7u liipk .p-pco RECIPE FOR WRIT OF EXECUTION
Pa. O1rIoA
� Wo l /y 't a rs, /' l 17 (9 C
Plaintiff
fit fioay rr'nsec VS.
GQ E. S
(Orbs/PJ 44 (7013
Address:
Ei Confessed Judgment
Other
File No.
/v-a3rg
Amount Due '" (( 7o9. Q�
Defendant Interest 44-Yt riAbU/ 0170L c°¢ "
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Cti
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379.
•Atty's Comm
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Costs
TO THE PROTHONOTARY OF THE SAID COURT:
=-i IN)
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
County, for debt, interest and costs, upon the following described property of the defendant (s)
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)
gi smog t s e3aot/Pref C?f !>%C,' 4 Fedevce) cev ice, Paw k l 0 7.s'0 c .gevvtle ci.
fr'QQG,iccy, ,cdh 4c1foflc"n, 71 7,?ag.1- wish 40 levy fl?%c• aecocegj
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
p / defendant(s) described in the attached exhibit.
Date O 1 ? l d(91 of Signature:
Print Name:
6S -Q1.1, oo pd eiiird .a) Address:
(, s 75 e e,,,k 36g5 -3r
4-9y 75- px�'�
Attorney for:
Telephone:
Supreme Court
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ID No:
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
MDC Judgment Recovery
Vs.
Anthony Kinsey
WRIT OF EXECUTION
(Pa R.C.P. 3252)
NO 10-2319 Civil Term
CIVIL ACTION — LAW
TO THE SHERIFF OF COUNTY:
To satisfy the judgment, interest and costs against Anthony Kinsey, 69 E. North St., Apt. 1, Carlisle, PA
17013 Defendant (s)
(1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein;
(2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of
GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that
Anthony is banking at USAA Federal Savings Bank , 10750 McDermott Freeway, San Antonio, TX 78288.
I wish to levy this account.
(a) an attachment has been issued;
(b) except as provided in paragraph (c), the garnishee 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;
(c) the attachment shall not include
(i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any
funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit
are exempt from execution, levy or attachment under Pennsylvania or federal law.
(ii) each account of the defendant (s) with a bank or other financialinstitution in which funds on deposit exceed
$10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being
funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law.
(iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If
multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as
determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general
exemption provided in 42 Pa.C.S. § 8123.
1
(3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added
as a garnishee and is enjoined as above stated.
Amount Due $1,708.00
Interest 6% from 2/18/10 to present
Attorney's Comm.
Attorney Paid
Date: 08/07/14
Plaintiff Paid S1,4.25
Law Library
Due Prothonotary $2.25
Other Costs
David D. Buell, Prothonotary
7r.4
Deputy
REQUESTING PARTY:
Name : Michael Carducci
Address: PO Box 102, Mt. Holly Springs, PA 17065
Attorney for:
Telephone: 717-609-0178
Supreme Court ID No.
MAJOR EXEMPTIONS UNDER PENNSYLVANIA
AND FEDERAL LAW
1. $300 statutory exemption
2. Bibles, school books, sewing machines, uniforms and equipment
3. Most wages and unemployment compensation
4. Social Security benefits
5. Certain retirement funds and accounts
6. Certain veteran and armed forces benefits
7. Certain insurance proceeds
8. Such other exemptions as may be provided by law
2
MDC JUDGMENT RECOVERY
P. O. Box 102
Mt. Holly Springs, PA 17065
v.
ANTHONY KINSEY
Judgment Debtor
USAA Federal Savings Bank
Garnishee
Case No. 10-2319
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
ANSWERS OF USAA FEDERAL SAVINGS BANK
TO INTERROGATORIES IN ATTACHMENT
1. At the time you were served or at any subsequent time did you owe the defendant any
money or were you liable to the defendant on any negotiable or other written instrument, or did
the defendant claim that you owed the defendant any money or were liable to the defendant for
any reason?
No. No accounts.
2. At the time you were served or at any subsequent time was there in your possession, custody
or control or in the joint possession, custody or control of yourself and one or more other persons
any property of any nature owned solely or in part by the defendant?
No.
3. At the time you were served or at any subsequent time did you hold legal title to any
property of any nature owned solely or in part by the defendant or in which the defendant held or
claimed any interest?
No.
4. At the time you were served or at any subsequent time did you hold as fiduciary any
property in which the defendant had an interest?
No.
5. At any time before or after you were served did the defendant transfer or deliver any
property to you or to any person or place pursuant to your direction or consent and if so what
was the consideration therefore?
No.
6. At any time after you were served did you pay, transfer or deliver any money or property to
the defendant or to any person or place pursuant to the defendant's direction or otherwise
discharge any claim of the defendant against you?
No.
Z:\STEVE\USAA-Garnishments\USG5634 KINSEY\Answers to Interrogatories.doc
7. If you are a bank or other financial institution, at the time you were served or at any
subsequent time did the defendant have funds on deposit in an account in which funds are
deposited electronically on a recurring basis and which are identified as being funds that upon
deposit are exempt from execution, levy or attachment under Pennsylvania or Federal law? If so,
identify each account and state the amount of funds in each account, and the entity electronically
depositing those funds on a recurring basis.
No — no accounts.
8. If you are a bank or other financial institution, at the time you were served or at any
subsequent time did the defendant have funds on deposit in an account in which the funds on
deposit, not including any otherwise exempt funds, did not exceed the amount of the general
monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account.
No- no accounts.
Dated: August 27, 2014
Name of Garnishee: USAA FEDERAL SAVINGS BANK
Subscribed under oath before me on
August 27, 2014. Address: 10750 McDermott Freeway
San Antonio, TX 78288-0544
Nota Public/
My commission expires: 6-10;901 1
MELIZA ZARATE fires
My Commission Expires
August 10, 2
c/o Stephen C. Caspers,
authorized agent
12451 Starcrest Drive, Suite 100
San Antonio, Texas 78216-2988
Phone Number: (210) 496-0611; fax: (210) 496-7232
Name of Person Answering: Stephe C. spers
Signature of Person Answering:
Z:\STEVE\USAA-Garnishments\USG5634 KINSEY\Answers to Interrogatories.doc