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HomeMy WebLinkAbout10-7511- 4 r Cohen Seglias Pallas Greenhall & Furman, PC Steven M. Williams, PA I.D. #62051 silliams@cohenseglias.com 240 N. Third Street, 7th Floor Harrisburg, PA 17101 (717)234-5530 Attorneys for Plaintiff ~-~.E~-o~~re~ ~~ ~~E ~~;or~e~~~or.~~;Y zoio aEC -s aM s: s s aliMBERLAI~J GOtJP~T"~ ~'ENP~SYL.VANiA WINDSOR PARK SHOPPING CENTERS, LLP Plaintiff v. PAUL F. KELLO, individually and t/a KELLY FAMILY CLEANERS & TAILORS, Defendant To the Prothonotary: IN THE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW PRAECIPE Please enter judgment in favor of Plaintiff, Windsor Park Shopping Centers, LLP and against Defendant, Paul F. Kello, individually and t/a Kello Family Cleaners & Tailors, on the attached certified Notice of Judgment/Transcript in case number LT-523-10, in the amount of $8,163.00, plus costs and interest. Respectfully Cohen Sas Pallas eenhall & Furman, PC Date: (LI~1-U B~ Steven M. Williams, PA I.D. #62051 240 North Third Street, 8~' Floor Harrisburg, PA 17101 (717) 234-5530 C~ 1~" g Attorneys for Plaintiff ?i ~ ~. ~. #1148839-v1 02112-0002 5 ~,~`~~` ~ ~$ aa~ as I,~ . ,. . CpMMONWEALTH OF PENN VANIA COUNTY OF: CUMBE X16-~51i NOTICE ~JUDGMENT/TRANSCRIPT un ee~no~~r~w~ ~ ewc~e Mag. Dist. No.' 09-1-01 MDJ Name: Hon. CHARLES A. CLEL~NT, JR Address: 4OO BRIDGE ST -OLDS TOWNS COMMONS -SIIITE 3 NEW CU1~~r.ANn, PA ~f Telephone. (717 ~ 774 - 5989 170.ZQ ,,,~~"t ATTORNEY FOR PLAINTIFF r. ,, WILLIAINSS, STEVEN MORENO 240 N THIRD ST 7TH FLOOR HARRISBURG, PA 17101 CVO ESIDENTIAL LEASE FLA~NT~F ~ NAME and ADDRESS ~/~INDSO'[~ PARR SHOPPING CENTER ~ 100 PAINTER MILL RD APT/STE 900 OWINGS MILLS, MD 21117 L J vs. DEFENDANT: NAME and ADDRESS IKKSLLO ][FAMILY CLEANERS S~ .TAILORS ~ 5258 S:IMPSON FERRY APT/STE A ATTN P~A.UL F KELLO LMECHAN:ICSBURG, PA 17055 J Docket Na.: LT- 0000523 -10 Date Filed: 10/04/10 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF Judgment was entered for: (tvame) WINDSOR PARR SHOPPING CENTER Judgment was entered against RSLLO FAMILY L'T.RA117RR.Q ~ TAILORS in a ® Landlord/Tenant action in the amount of $ 8,163.00 on 10/19/10 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 1.300.00. The total amount of the Security Deposit is $ . 00 Total Amount Establish d bb DpJ Less ~ Security Deposit Appliedd = Adjudicated Amount Rent in Arrears $ ~, 00.00 - $ . 00= $ 8, 000.00 Physical Damages Leasehold Property $ . 00 - $ .00= $ .00 Damages/Unjust Detention $ _ 00 - $ _ 00 = $ _ 00 Less Amt Due Defendant from Cross Complaint - $ _ d0 Interest (if provided by lease) $ _ 00 _______ _ L/T Judgment Amount $. 8: 000.00 Judgment Costs $ r 163.00 ^ Defendants are jointly and severally liable. Attorney Fees $ _ 00 ^ This case dismissed without prejudice. Total Judgment $ 8,163.00 ^X Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ^ Possession granted if money judgment is no sa rs re y rme o evrc ron. ^ Possession not granted. ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED tN 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 satr M~ commission expires first Monday of January, AO. C 3156-07 ~~~ Magisterial District~Ju3dge ng t e lu gment. Magisterial District Judge SEAL r,• COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUM$ERLAND Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: Olde Towne Commons 400 Bridge Street, Suite 3 New Cumberland, PA 17070 Telephone: 717-774-5989 Steven Moreno Williams, Esq. Cohen Seglias Pallas ET AL 240 N Third St 7th FI Harrisburg, PA 17101 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Paul F KeIIo/Kello Family Cleaners & Tailors Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. Windsor Park Shopping Center Notice of Judgment/Transcript Residential Lease 'Windsor Park Shopping Center V. Paul F Kello/Ketlo Family Cleaners & Tailors Docket No: MJ-09101-LT-0000523-2010 Case Filed: 10/4/2010 Yes No No No Wage attachment is prohibited due to lack of personal service. No Wage attachment is prohibited under Title 42 Section 8127. No Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09101-LT-0000523-2010 Windsor Park Shopping Center Paul F Kello/Kello Family Cleaner: Judgment for Plaintiff 10!19/2010 & Tailors Judgment Summary Joint/Several Liability Individual Liability Amount - Participant Paul F Kello/Kello Family Cleaners & Tailors $0.00 $8,163.00 $8,163.00 Judgment Detail ("Post Judgment). In the matter of Windsor Park Shopping Center vs. Paul F Kello/Kello Family Cleaners & Tailors on 10/19/2010 the disposition is Judgment for Plaintiff and judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $1,300.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $8,000.00 $8,000.00 Costs $0.00 $163.00 $163.00 Grand Total: $8,163.00 MDJS 315A Page 1 of 2 Printed: 12/08/2010 11:53:22AM ~~~~~~ Windsor Park Shopping- Center: Docket No.: MJ-09101-LT-0000523-2010 v. Paul F Kello/Kello Family Cleaners & Tailors IN AN ACTION 'INVOLVING A RESIDENTIAL LEASE, AMY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN'DAYS AFTER THE DALE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF ''k COURT OF THE COURT OF COMMON PLEAS; CIVIL DfVIS10N. THISAPPEAL' WILL INCLUDE AN ARPEAL OF THE MONEY JUDGMENT; IF ANY. 'IN ORDER 70 OBTAIN A SUPERSEDERS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OFCOURTS THELESSEROE THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME ANDlOR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.AA:D.J. NO. 1008 OR 1013 FOR DIFFERENT.PROCEDURES REGARDING THIS DEPCISIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 ,DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WFa1CH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTlTRANSCRIPT FORM WITH THE NOTICE-0F APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR _. OTtdERWlSE~GAMELIE'S~IVITH THE JUDG~EbiT. - `~ _ , :._ . - ... ~_ :.,, .. ~r, ~.~ ~ l 10/19/2010 ~ ~,. ~; ~$ ~; Date Magisterial District Judge Charles A. Clement Jr. I certify that this is a true and correct copy of the record of the proceedings containing the judgment. \ -; 1218/2010 Date Magisterial District Judge Charles A. Cler~ient'~t. • ,' t MDJS 315A Page 2 of 2 Printed: 12!08/2010 11:53:22AM UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: PAUL F. KELLO Debtor/Movant IN BANKRUPTCY BK. NO. 1-12-bk-00362-MDF CHAPTER 7 PROCEEDING PAUL F. KELLO Movant V. WINDSOR PARK SHOPPING CENTERS, LLP Respondent TE' 0THON6 Tfii€? 2 i`2 AR -9 PM !: 51 C ' IMPIERLAND COUNTY PENNSYLVANIA LIEN AVOIDANCE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-7510 ORDER OF COURT VOIDING JUDICIAL LIEN In consideration of the within Motion for Order Avoiding Judicial Lien, filed by Counsel for the Debtor/Movant, the Court finds the Respondent has failed to file an Answer or otherwise plead to the Motion for an Order Avoiding Judicial Lien filed on February 10, 2012 and duly served upon the Respondent; therefore, the Court orders judgment in favor of the Debtor/Movant, Paul F. Kello, and against the Respondent, Windsor Park Shopping Centers, LLP as to the relief requested in the Motion. IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the Respondent, is hereby declared void in its entirety and of no further force and effect as it violates 11 U.S.C. Section 522(f)(1) and interferes with 11 U.S.C. Section 522(d), only as to defendant, Paul F. Kello. By the Court, Dated: March 7, 2012 ChM Bwbuptcy Judge (KD? COMPtED FROM !.= May d?.._? c 1, Gif _, ) Z Clerk, U.S. Bankruptcy- Case 1:12-bk-00362-MDF Doc 19 Filed 03/07/12 Entered 03/07/12 07:44:24 Desc Main Document Page 1 of 1 aWN- a q, SD mAK Ck.li: Sy ,I 7* n-1a7U _? o¢ E?JNC? I UNITED STATES BANKRUPTCY COURT`' FOR THE MIDDLE DISTRICT OF PENNSYLVANIA,, IN RE: PAUL F. KELLO Debtor/Movant PAUL F. KELLO Movant V. WINDSOR PARK SHOPPING CENTERS, LLP Respondent ?,VIBERLAHD CoutlT`i IN BANKRUPTCY BK. NO. 1-12-bk-00362-MDF CHAPTER 7 PROCEEDING LIEN AVOIDANCE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7511 ORDER OF COURT VOIDING JUDICIAL LIEN In consideration of the within Motion for Order Avoiding Judicial Lien, filed by Counsel for the Debtor/Movant, the Court finds the Respondent has failed to file an Answer or otherwise plead to the Motion for an Order Avoiding Judicial Lien filed on February 10, 2012 and duly served upon the Respondent; therefore, the Court orders judgment in favor of the Debtor/Movant, Paul F. Kello, and against the Respondent, Windsor Park Shopping Centers, LLP as to the relief requested in the Motion. IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the Respondent, is hereby declared void in its entirety and of no further force and effect as it violates 11 U.S.C. Section 522(f)(1) and interferes with 11 U.S.C. Section 522(d), only as to defendant, Paul F. Kello. By the Court, Dated: March 7, 2012 da'VAa-- ChW BaM gAcy Judge (KD) T^ CEFr t3 FRC*A THE t ` C e : tMa Clark, U.S. Ek'41kru tCy Ccr;.;°? Per Case 1:12-bk-00362-MDF Doc 20 Filed 03/07/12 Entered 03/07/1207:49:07 De Main Document Page 1 of 1 ""A kn . so pa al? Ck-a sYSo P >1-- 01-tnu`7