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HomeMy WebLinkAbout10-5285GUMMUNwEAL F" UP FENNS COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 1 1 COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. 1--01 LW UWOM w I ?.©.? ---- lip ;7- 1.0 I /y L-T- 00003gq -it) This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 100613. This Notice of Appeal, when received by the District Justice, wig operate as a SUPERSEDEAS to tha-iudrament for Dossesslon in this-case-Pa. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after lilmg the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of nodde of appeal to be served upon appellee. PRAECIPE: To Prothonotary ^ 7 C vA A Q,,LL-' * 1D/t 4F.+ Enter rule upon appellee(s), to file a complaint in this appeal Nam. of app OWs) " (Common Pleas No. within twenty (20) days after service of or suffer entry of judg t of non pros. t c? Slgr?atua dappapent orartornsy aegent RULE: To Z 15MN3 LAN I)A Gam. , appellees) Named a) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: /+ ` .20 , dP?otAonWary a YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE* OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served J ? a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature ofaffiant Signature of official before whom affidavit was made TWO of official My commission expires on 20 f:' u i r- % v (` , C) COMMONWEALTH OF PENNSYLVANIA COUNTY OP- CUMBERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDE TONNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone: (717 ) 774 - 5989 17070 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS rZISMAN, EXECUTRIX, LINDA E 1047 CUSTAN DRIVE EST. OF DOMINICK SABELLA LHARRISBURG, PA 17112 J VS. DEFENDANT: NAME and ADDRESS rSABELLA, MARION S 5219 STUART DRIVE MECHANICSBURG, PA 17055 MARION S. SABELLA L J 5219 STUART DRIVE Docket No.: LT-0000394-10 MECHANICSBURG, PA 17055 Date Filed: 7/13/10 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAI - X? Judgment was entered for: (Name) _ NTIFF ZISMAN, EXECUTRIX, LINDA E Judgment was entered against SABELLA, MARION S F ? in a x Landlord/Tenant action in the amount of $ 117.50 on 8/03/10 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less-Security Deposit Applied _ Rent in Arrears $ .00-$ = Adjudicated Amount 00 Physical Damages Leasehold Property .00-$ .00= $ . 00 $ Damages/Unjust Detention _00 -$ _00_- . $ _00 Less Amt Due Defendant from Cross Complaint - $ 00 Interest (if provided by lease) - $ on L/T Judgment Amount $ nn ? Attachment Prohibited/ Judgment Costs _ $ 1 42 Pa.C.S. § 8127 Attorney Fees 7 0 $ no ? This case dismissed without prejudice. Total Judgment $ 117.50 0 Possession granted. ? 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. A U G 0 3 2010 l???tcvu ? C( . Date , Magisterial District Judge certify that this is a true an correct copy o the record o the procee Ings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2014. SEAL AO PC 315A-08 LINDA E. ZISMAN, EXECUTRIX OF IN THE COURT OF COMMON PLEAS THE ESTATE OF DOMINICK C. CUMBERLAND COUNTY, PENNSYLVANIA SABELLA, Plaintiff ~ ~ ~ v. ~ ~ .~~ NO. 10-5285 ~'=' MARIAN S. SABELLA, ~ ~: -' ~> Defendant CNIL ACTION -EQUITY ~« ~ ~ ~~ }S C7 N 3 NOTICE . ., YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the Complaint or for any claim or relief requested by the Plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (800) 990-9108 LINDA E. ZISMAN, EXECUTRIX OF IN THE COURT OF COMMON PLEAS THE ESTATE OF DOMINICK C. CUMBERLAND COUNTY, PENNSYLVANIA SABELLA, Plaintiff NO. 10-5285 v. MARIAN S. SABELLA, Defendant CIVIL ACTION -EQUITY COMPLAINT AND NOW, comes the Plaintiff, Linda E. Zisman, Executrix of the Estate of Dominick C. Sabella, by and through her attorneys, Butler Law Firm, and files this Complaint against Defendant, Marian S. Sabella, and in support thereof avers the following: COUNT I -EJECTMENT 1. Plaintiff, Linda E. Zisman, Executrix of the Estate of Dominick C. Sabella, is an adult individual residing at 1047 Custan Drive, Harrisburg, Pennsylvania 17112. 2. Defendant, Marian S. Sabella, is an adult individual residing at 5219 Stuart Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Dominick C. Sabella died testate on May 2, 2010, a resident of Cumberland County, Pennsylvania. 4. On or about May 13, 2010, The Register of Wills of Cumberland County admitted to probate the last will and codicil of Dominick C. Sabella, dated March 12, 2003, and April 18, 2005, respectively to No. 2010-0496 and issued a Certificate of Grant of Letters to Linda E. Zisman, who duly qualified as Executrix of the Estate of Dominick C. Sabella. 5. The Estate of the Dominick C. Sabella is the owner of the real property known as 5219 Stuart Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter sometimes referred to as the "Stuart Drive residence") 6. The last will and testament and codicil of Dominick C. Sabella provides that if his son, Michael Sabella, is incarcerated at the time of his death, he will not receive ownership of the Stuart Drive residence. Rather, the Executrix of his Estate is directed to sell said residence and distribute a portion of the proceeds to Michael Sabella. 7. Michael Sabella was incarcerated at the time of his father's death and continues to be incarcerated as of the date of this Complaint. 8. Defendant, Marian S. Sabella, Michael Sabella's wife, is currently residing at the Stuart Drive residence without the permission of the Estate. 9. There is no lease agreement between the Estate and Michael Sabella or Marian Sabella. 10. Despite numerous requests to vacate the Stuart Drive residence, Marian S. Sabella has failed and refused to do so. WHEREFORE, Plaintiff requests that this Court enter judgment in favor of Plaintiff and against Defendant for possession of the premises here described: 5219 Stuart Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, and grant all such other relief as this Honorable Court deems appropriate. COUNT II -COSTS 11. Paragraphs 1-10 inclusive are incorporated herein by reference as though set forth here at length. 13. Plaintiff has incurred court costs to file and serve a District Justice Complaint in this matter in the amount of $117.50. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $117.50 and all such other relief as this Honorable Court deems appropriate. Respectfully submitted, BUTLER LAW FIRM Attorney for Plaintiff Y• Ronald D. Butler, Esquire I.D. #09826 Jana Butler Toole, Esquire I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 VERIFICATION I, Linda E. Zisman, Executrix of the Estate of Dominick C. Sabella, Plaintiff, hereby certify that the facts set forth in the foregoing Complaint are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ~ d'`~'"`~1~ in a E. Zis xecutrix Dated: ~,, ,~8, ~Q LINDA E. ZISMAN, EXECUTRIX OF THE ESTATE OF DOMII~TICK C. SABELLA, Plaintiff v. MARIAN S. SABELLA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5285 CIVIL ACTION -EQUITY CERTIFICATE OF SERVICE I, Jana Butler Toole, Esquire, hereby certify that on the 3 ~ day of August, 2010, I served a true and correct copy of the foregoing Complaint by depositing same in the United States Mail, postage prepaid, certified mail, return receipt requested in Harrisburg, Pennsylvania, addressed as follows: Marian S. Sabella 5219 Stuart Drive Mechanicsburg, PA 17055 Yana Butler Toole, Esquire Attorney for Plaintiff I.D. #80574 500 North Third Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 LINDA E. ZISMAN, EXECUTRIX OF IN THE COURT OF COMMON PLEAS THE ESTATE OF DOMINICK C. CUMBERLAND COUNTY, PENNSYLVANIA SABELLA, Plaintiff V. NO. 10-5285 MARIAN S. SABELLA, Defendant CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE I, Jana Butler Toole, Esquire, hereby certify that on the 28th day of September, 2010, I served a true and correct copy of the foregoing Complaint by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Marian S. Sabella 5219 Stuart Drive Mechanicsburg, PA 17055 Jana Butler Toole, Esquire Attorney for Plaintiff I.D. #80574 500 North Third Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108 Lit _ =< (717) 236-1485 e? _ --- r:) > cn b ° cam: v? n Cl- w r:= Uj w `=-4 C-4 `j L-1 LINDA E. ZISMAN, EXECUTRIX OF IN THE COURT OF COMMON PLEAS THE ESTATE OF DOMINICK C. CUMBERLAND COUNTY, PENNSYLVANIA SABELLA, Plaintiff c:, V. : NO. 10-5285 `?? MARIAN S. SABELLA, e9 Defendant CIVIL ACTION EQVITY r W s PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT :y C r TO THE PROTHONOTARY: Please enter default judgment in ej ectment in favor of Plaintiff, (Linda E. Zisman, Executrix of the Estate of Dominick C. Sabella, and against Marian S. Sabella, Defendant in the above-captioned matter, for Defendant's failure to plead to the Complaint in this action within the required time. Please enter judgment in ejectment for possession of the premises located at 5219 Stuart Drive, Mechanicsburg, Cumberland County, Pennsylvania', 17055, being the relief demanded in the Complaint. Please also enter default judgment in favor of Plaintiff, Linda E? Zisman, Executrix of the Estate of Dominick C. Sabella, and against Marian S. Sabella, Defendant in the above-captioned matter, in the amount of $117.50 (being the amount demanded in the Complaint) for Defendant's failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within twenty (20) days from the date of service thereof. Defendant was served with the Complaint by regular mail on September 28, 2010, and Defendant's answer was due to be filed on or before October 18, 2010. Attached as Exhibit "A" is a copy of Plaintiff's written Notice of Intention to File Praecipe for Entry of Default Judgment addressed to Defendant, Marian S. Sabella, which I certify was mailed by regular mail to Defendant at 5219 Stuart Drive, Mechanicsburg, Pennsylvania, on October 18, 2010, which is at least ten (10) days prior, to the filing of this Praecipe. BUTLER LAW FIRM Attorneys for Plaintiff e BY. 6X_ Ronald D. Butler, Esquire (AJ J mks) I.D. #09826 500 North Third Street 4 x8.00 F10 ArN Harrisburg, PA ;17108 Cv 07050a (717) 236-1485 I R. a5o195 Thee Maji04 LINDA E. ZISMAN, EXECUTRIX OF IN THE COURT OF COMMON PLEAS THE ESTATE OF DOMINICK C. CUMBERLAND COUNTY, PENNSYLVANIA SABELLA, Plaintiff V. NO. 10-5285 MARIAN S. SABELLA, Defendant CIVIL ACTION- EQtJITY CERTIFICATE OF SERVICE I, Ronald D. Butler, Esquire, hereby certify that on this 18th day, of October, 2010, 1 served a true and correct copy of the foregoing Ten Day Notice by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed to Defendant's last known address as follows: Marian S. Sabella 5219 Stuart Drive Mechanicsburg, PA 17055 t?WIOL_07,- Ronald D. Butler, Esquire' Attorney for Plaintiff I.D. #09826 500 North Third Street, 12t" Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 LINDA E. ZISMAN, EXECUTRIX OF IN THE COURT OF COMMON PLEAS THE ESTATE OF DOMINICK C. CUMBERLAND COUNTY, PENNSYLVANIA SABELLA ; Plaintiff V? NO. 10-5285 MARIAN S. SABELLA, Defendant CIVIL ACTION - EQUITY II IMPORTANT NOTICE TO: Marian S. Sabella, Defendant DATE OF NOTICE: October 18, 2010 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (800) 990-9108 Pp j. r NOTICIA IMPORTANTE A: Marian S. Sabella, Defendant FECHA DE NOTICIA: October 18, 2010 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI LISTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERI A. REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER DINERO OR PROPIEDAD U OTROS DERECHOS IMPORTANTES PARA USTED. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME OR VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013; (717) 249-3166 (800) 990-9108 LINDA E. ZISMAN, EXECUTRIX OF IN THE COURT OF COMMON PLEAS THE ESTATE OF DOMINICK C. CUMBERLAND COUNTY, PENNSYLVANIA SABELLA, Plaintiff V. ; NO. 10-5285 MARIAN S. SABELLA, Defendant CIVIL ACTION - EQUITY I To: Marian S. Sabella, Defendant You are hereby notified that on NoV&,rn r , 2010, the following judgment has been entered against you in the above-captioned case. Linda E. Zisman, Executrix of the Estate of Dominick C. Sabel'lia v. Marian S. Sabella in the amount of $117.50 plus interest and cost o DATE: Prothonotar I hereby certify that the name and address of the proper person(p) to receive this notice is: Marian S. Sabella 5219 Stuart Drive Mechanicsburg, PA 17055 A: Marian S. Sabella, Defendido/a Por este medio se le esta notificando que el de del 2010, la siguiente fallo ha sido anotado en',contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direction es la del defendido/a segun indicada en el certifica.do de residencia: Marian S. Sabella 5219 Stuart Drive Mechanicsburg, PA 17055 Abogado del Demandame DCBA-400-Rule 236(a)(2)-8/1/89 LINDA E. ZISMAN, EXECUTRIX OF THE ESTATE OF DOMINICK C. SABELLA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA r iailiuu V. NO. 10-5285 MARIAN S. SABELLA, Defendant CIVIL ACTION - EQUITY To: Marian S. Sabella, Defendant You are hereby notified that on 2010, the following judgment has been entered against you in the above-captioned case. Linda E. Zisman, Executrix of the Estate of Dominick C. Sabella v. Marian S. Sabella in ejectment for possession for the premises located a 5219 Stuart Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. DATE: 1110 _ Proth)no ary I hereby certify that the name and address of the prope person(s) to receive this notice is: Marian S. Sabella 5219 Stuart Drive Mechanicsburg, PA 17055 A: Marian S. `Sabella, Defendido/a Por este medio se le esta notificando que el de del 2010, la siguiente fallo ha sido anotado en contra suya en el case) mencio'nado en el'epigrafe. FECHA: _ Protonotario Certifico que la siguiente direction es la del defendido/a segun indicada en el certificado de residencia: Marian S. Sabella 5219 Stuart Drive Mechanicsburg, PA 17055 Abogado del Denandante DCBA-400-Rule 236(a)(2)-8/1/89 LINDA E. ZISMAN, EXECUTRIX OF THE ESTATE OF DOMINICK C. SABELLA, Plaintiff V. MARIAN S. SABELLA, Defendant IN THE COURT OF COMMON PL,EA,$ CUMBERLAND COUNTY, PEIYI,-VANIA NO. 10-5285 CIVIL ACTION - EQUITY PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue Writ of Possession in the above captioned case, as to the real estate described below. Real estate as per the following description: 5219 Stuart Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. BUTLER LAW FIRM Dated: November 2, 2010 By /Ij. 'y Ronald D. Butler, Esquire Attorneys for Plaintiff I.D. #09826 500 North Third Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108 T q l ? Ca S7? B (717) 236-1485 3 s Jy. 0 n 00 pq -7 S y ,? . !l6 ?? L Co W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA E. ZISMAN, EXECUTRIX OF THE ESTATE OF DOMINICK C. SABELLA VS. No. 10-5285 Civil Term_ MARIAN S. SABELLA 5219 STUART DRIVE MECHANICSBURG, PA 17055 Costs Attorney's $ 143.75 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) LINDA E. ZISMAN, EXECUTRIX OF THE ESTATE OF DOMINICK C. SABELLA being: (Premises as follows): 5219 STUART DRIVE, MECHAICSBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Daftll. a 1, thonotary, Common Pleas C urt of Cumberland County, PA Date November IT, 2010 (Seal) 2of2 No 10-5285 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA E. ZISMAN, EXECUTRIX OF THE ESTATE OF DOMINICK C. SABELLA VS. MARIAN S. SABELLA WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 143.75 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: RONALD D. BUTLER, ESQUIRE 3Z 0 6gYw BUTLER LAW FIRM, 500 NORTH THIRD STREET, 12TH FLOOR P.O. BOX 1004, HARRISBURG, PA 17108 717-236-1485 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of . I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY t ?s r pt c u m o,", tr u c Linda E Zisman, Executrix of the Estate of Dominick C. Sabella Case Number vs. 2010-5285 Marian S Sabella SHERIFF'S RETURN OF SERVICE 11/29/2010 ORDER OF COURT IN RE: MOTION TO REQUEST AN EMERGENCY INJUNCTION And now, this 16th day of November, 2010, hearing on the within Motion for "Emergency Injunction" is set for Wednesday, December 1, 2010, at 11:00 a.m., in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. In the meantime, all attempts at eviction are STAYED. By the Court, Kevin A. Hess, P.J. 12/02/2010 ORDER OF COURT IN RE: MOTION TO REQUEST AN "EMERGENCY INJUNCTION" And now, this 2nd day of December, 2010, the motion of movant, Michael Sabella, for injunction is GRANTED and proceedings to evict him and/or his spouse from the residence at 5219 Stuart Drive, Mechanicsburg, PA 17055, are STAYED. Movant, Michael Sabella, is herewith granted permission to reside at the residence at 5219 Stuart Drive, Mechanicsburg, PA 17055. During the period of their residence, Michael and Marian Sabella shall be responsible for all utility expenses at the 5219 Stuart Drive residence hereafter incurred. This order is entered pending determination of the contest with regard to the interpretation of the Will of Dominick Sabella. By the Court, Kevin A. Hess, P.J. 12103/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED per order of court. SHERIFF COST: $31.05 December 03, 2010 Countyswe $hentf. Te!eoso?t. Inc,. OF THE7 PROTHONOTARY 2010 DEC -6 AN 8: 36 CUMBERLAND COUNTY PENNSYLVANIA SO ANSWERS, RON R ANDERSON, SHERIFF Sharon Lantz 10f l WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA E. ZISMAN, EXECUTRIX OF THE ESTATE OF DOMINICK C. SABELLA VS. No. 10-5285 Civil Term_ MARIAN S. SABELLA 5219 STUART DRIVE MECHANICSBURG, PA 17055 Costs Attorney's $ 143.75 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) LINDA E. ZISMAN, EXECUTRIX OF THE ESTATE OF DOMINICK C. SABELLA being: (Premises as follows): 5219 STUART DRIVE, MECHAICSBURG, PA 17055 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Common Pleas Court of)Cumberland County, PA Date November ids, 2010 (Seal) TRUE COPY FROM RECORD In Tbednww whereof. I hwo tab am my hand and #* "W #1 Grua 0 ". Q ve%!t doW . . '0 J . 2of2 No 10-5285 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA E. ZISMAN, EXECUTRIX OF THE ESTATE OF DOMINICK C.SABELLA VS. MARIAN S. SABELLA WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 143.75 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: RONALD D. BUTLER, ESQUIRE 2a 0 44 a BUTLER LAW FIRM, 500 NORTH THIRD STREET, 12TH FLOOR P.O. BOX 1004, HARRISBURG, PA 17108 717-236-1485 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy