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HomeMy WebLinkAbout04-3267 09-1-01 O'.f - 3ae;,t Cnill NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF RESIDENTI~~,,~c~~~S~ 'HARTZELL, WAYNE I 26 HILLCREST DRIVE NEWPORT, PA 17074 L ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag OISI. No OJ Name Hon CHARI.ES A. CLEMENT, JR. Add,,", 400 BkIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telepcoco (717) 774 - 5989 17070 VS. WAYNE HARTZELL 26 HILLCREST DRIVE NEWPORT, PA 17074 DEFENDANT: NAME and ADDRESS 'MC CURDY, ROBERT C 836 BOSLER AVE LEMOYNE, PA 17043 L I I Docket No.: l Date Filed: LT-0000220-04 5/18/04 .J . THIS IS TO NOTIFY YOU THAT: JucltJment: FO~ PLAINTIFF ~ Judgment was entered for: (Name) HARTZELL, WAYNE o Judgment was entered against MC CURDY, ROBERT C i.XJ Landlord/Tenant action in the amount of $ 971.50 on 5/28/04 The amount of rent per month, as established by the District Justice. is $ _ The total amount of the Security Deposit is $ .00 . Total Amount Established b'L OJ bess. Security Deposit ApQlisJd _ ~ Adjudicated7A8m70uonb Rent In Arrears $ 787.0 - $ _00 - $ . Physical Damages Leasehold Property $ .00 - $ . 00 ~ $ .00 Damages/Unjust Detention $ 90 _ 00 - $ _ 00 ~ $ 90 _ 00 Less Amt Due Defendant from Cross Complaint $ .00 Interest (if provided by lease) $ _ 00 UT Judgment Amount $ 877.00 Judgment Costs $ 94 _ 50 Attorney Fees $ _ 00 Total Judgment $ 971. 50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ o Possession granted if money judgment is not satlslied by time ot eVictIOn. o Possession not granted. 0 Defendants are jointly and severally liable. in a . (Date of Judgment) 675.0Q o o [!] Attachment Prohibited/ 42 Pa.C.S. S 8127 This case dismissed without prejudice. Possession granted. 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. IF A PARTY WISHES TO APPEAL ONL Y 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 DISTRICT JUSTICES, 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 DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL. SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MAY 28 200'bate ~ Q. ~- 117J~ fr t~s i~:t:ue an~~~rW th- Mv commission expires first Monday of January. 2008. AOf:>C 315A-03 , District Justice ontaining the judgment. I . District Justice SEAL ~ ~ ~ ~ p ~ Sf? :;:..'; "'" ;:p,"', ~ . I 'i'-~ ~ ;i! ::.T- ---.0 ,?,::...;, ~ <:;~. t'-' 111f!J /I.. V)'t , -- ,.:) ~:;.: ....., iS~ ::;; ~ '1 Rl... ~. ;if\.' b. :;:! t?~ -.() "" .;c;.>::- ::!: D~ ~~ - ~p - !l...) >- S> 0 ~ -, ~J ""- --<:' - ...::c.; t ~ '-<: ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: i;Jh;)'<. 1-14'("t~et( 1" f././lcn-S7 DO'" tV eL<J fP' i, CF4 /'707 'f vs. t<oh<".( C. (lttc C'-'";,1'1 C/o 0= {S" pcr17jut/7 ("r10LV! "fL{-( 'j)t\,u." V, j-1o...v',b"N, f'.4 171~ ( ) Confessed Judgment ( . ) Other File No. 0 Lf - 3:2?> 7... ell/' ~ Amount Due q 1 /. ~() Interest 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 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 for debt, interest and costs, upon the following described property of the defendant(s) County, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of e U, 1-'\ loe</4 ,vcR 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) McWlb-vs l.sf //(,' tt/b.!#~1 J5".p".rl M, c,;u/,sl... I fA- 17013 /tee<"- ",-pJ ;)..3 J- j!?;L- ;;. 'II / :;2 /8' 17(, 7;1 'I-I and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). Date o (indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. ~ 7, J,.-JO Y Signature: Print Name: (;)~/~ Wk{,</ e /Ir1rI..e ( / Address: :! (p /J/I/u<.d Or Nev'J {lor f , (jh 1 ?oW Attorney for: Telephone: Supreme Court ID No.: .5),..;:1-.-fr.f' 5' tJ 3- 31 5"'1 (over) ".,. r') ,..., ~ r::> C) \]I' C~ 'T1 , TA ~- ~ 0 1...>0 G ---- '- ..., ~ -"\' ,-- :~= -r. ~ 8 V1 0 V', I':'~ 1I1i~':': \.1'\ -0"11 ~ ~ I :;";1::J ~ ? 0 '.l'J -.J (;),1-. 0 C) ...-.\_, '" v :-C7! ~ --.;::, -= ;:;.~~ 'C> (') )... ?- ?~ '."..' " "" - ~ ~ -:c::- , c' 'i-.l :0 v. ")::::... 0:> ~.~- .-4-- } ~ f .S> -< -\-- " '" ='-+- . ~ ~ & - " _. ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-3267 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WAYNE HARTZELL, 26 HILLCREST DRIVE, NEWPORT PA 17074 Plaintiff(s) From ROBERT C. McCURDY, C/O PEPSIE BOTTLIING GROUP, 941 DANA DRIVE, HARRISBURG PA 17109 (I) 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 MEMBERS 1ST 1166 WALNUT BOTTOM ROAD, CARLISLE, PA 17013 GARNISHEE(S) as follows: ACCOUNT # 231-382-241, 218176724-1 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 ofthe defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$971.50 Interest Atty's Comm % Ally Paid Plaintiff Paid $34.75 Date: July 7, 2004 L.L. Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothono~ . ~ h.. J, By: _ IIJUuA $)~1fIf Deputy REQUESTING PARTY: Name Wayne Hartzell Address: 26 Hillcrest Drive Newport,PA 17074 Attorney for: Telephone: 503-3159 Supreme Court ID No. TRUE COpy FROM RECORD In T3S!ul1Oi'lY whereof, I illite unto set my t~oo and the Sf'.al 01 sa'd Court 2' ('o,;i",." fin This 7./J..fJ!ay Of~r''''V' ra. , L~.<RLut 4. PrOlhonOr SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-03267 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND HARTZELL WAYNE VS MCCURDY ROBERT C And now GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, at 0015:05 Hours, on the 8th day of July 2004, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT MCCURDY ROBERT C , in the hands, possession, or control of the within named Garnishee MEMBERS 1ST 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to MARY MCLAUGHLIN (RECP.) personally 3 true and attested copies of the within WRIT OF EXECUTION and made the contents thereof known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 So answers: r~~.~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before this /5 ~ day ofrl A .;, I'V'I A. D. '7"/ n .. Q!hd.l,,, # Pr;r~ary , o%o,~oo~ I~d~~-/;;:: Deputys~i-ff me .~ c::-:::i.:"U ~I ~1 _.;._~-.::l . "'cil R Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriffs Costs: Advance Costs: 150.00 Sheriffs Costs: 83.34 66.66 Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee TOTAL 18.00 1.64 1.00 3.70 Refunded to Atty on 03111/05 30.00 20.00 9.00 83.34 Sworn and Subscribed to before me this I F day of 11:-A-<...t... 2005 A.D.ff:t.. -~ othonotary. ~ ~ l~.a:P R Thomas Kline, Sheriff / By CJ a.tlcll '- ~ a.kJ "1 \, l',l,( SI1N3d -:,'."1'; 1., i1 i ,f 0 ('\ 'oj'" C, L lnr ).1;, " :l:lIlU,l .Li0 J!JjO ~ 9fi) ~nJ =----:::\ -- ~-'2l lfi{iJ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WAYNE HARTZELL, 26 HILLCREST DRIVE, N004-3267 Civil CIVIL ACTION - LAW NEWPORT P A 17074 Plaintiff (s) From ROBERT C. McCURDY, C/O PEPSIE BOTTLIING GROUP, 941 DANA DRIVE, HARRISBURG PA 17109 (1) You are directed to levy upon the property of the defendant (s)and to seU (2) You are also directed to attacb the property of the defendant(s) not levied upon in the possession of MEMBERS 1ST 1166 WALNUT BOTTOM ROAD, CARLISLE, PA 17013 GARNISHEE(S) as foUows: ACCOUNT # 231-382-241,218176724-1 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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession ofauyone 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$971.50 Interest Atty's Comm % Atty Paid Plaintiff Paid $34.75 Date: July 7, 2004 L.L. Due Prothy $1.00 Other Costs " CURTIS R. LONG (Seal) :;,tbo~~f/? ~11J Deputy REQUESTING PARTY: Name Wayne Hartzell Address: 26 Hillcrest Drive Newport, P A 17074 Attorney for: Telephone: 503-3159 Supreme Court ID No. / ~ \. Lf'\(,1 . \ ()JJ If.' (Q \ U}..or