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HomeMy WebLinkAbout10-7870COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of JudgmentJTranscript Residential Lease 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 Nguyentri & Mai 24 S 39th Street Camp Hill, PA 17011 Nguyentri & Alai V. Taylorkaron & Thomas, McLaughlinderek & Rebecca 16 0 Docket No: MJ-09101-LT-0000332-2010 Case Filed: 6/18/2010 4 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No McLaughlinderek & Rebecca Wage attachment is prohibited due to lack of personal service. No Wage attachment is prohibited under Title 42 Section 8127. No Nguyentri & Mai Wage attachment is prohibited due to lack of personal service. No Wage attachment is prohibited under Title 42 Section 8127. No Taylorkaron & Thomas 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. MJ-09101-LT-0000332-2010 Nguyentri & Mai Taylorkaron & Thomas Judgment for Plaintiff MJ-09101-1-T-0000332-2010 Nguyentri & Mai :. McLaughlinderek & Rebecca Judgment for Plaintiff Judgment Summary JointlSeveral Liability Individual Liability Participant Taylorkaron & Thomas $2,919.06 $0.00 McLaughlinderek & Rebecca $2,919.06 $0.00 Nguyentri & Mai $0.00 $0.00 Judgment Detail ('PostJuagment) Disposition Date 11/01/2010 11/01/2010 Amount $2,919.06 $2,919.06 $0.00 In the matter of Nguyentri & Mai vs. Taylorkaron & Thomas; McLaughlinderek & Rebecca on 11/01/2010 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 $1,250.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Costs $188.00 $0.00 - $188.00 Physical Damages to Property $2,065.43 $0.00 $1,250.00 $815.43 MDJS 315A Page 1 of 2 Printed: 11/29/2010 12:47:08PM F_.. . Nguyentri & Mai v. Taylorkaron & Thomas, McLaughlinderek & Rebecca Rent in Arrears Unjust Detention 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 QF APPEALI,WITH THE P0OT+l0NOTA'RY(CL9RK OF COURT 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 SUPERSEDEA%THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTdAI_LY IR-AAREARS 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. 10Q Of? 1 13. FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTI64(_ A -16GMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS,AFTER THE DATE OF ENTRY OF JgbGMENT,t" WHIC14 TO FILE A N"CE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE?COURT OF COMM014 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 10 THE RULESQF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE C"U T' bF CdMM04A LAS, 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 DISTRICTJUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 1.0 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. 12/1/2010 Date Magisterial District Judge Charles A. Clement Jr. $416.70 $1,498.93 11/1/2010 ??o C(,. 0A Docket No.: MJ-091 01 -LT-0000332-201 0 $0.00 $416.70 $0.00 $1,498.93 Grand Total: $2,919.06 i MDJS 315A Page 2 of 2 Printed: 11/29/2010 12:47:08 PM OF 201eoEc27 Pn 3: sa CU RLAND COUNTY YLVppIA E pROTHQNO TH TAR `r as 'F* ? u- a% a719 It n?. • P,? -2 1. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Cumberland Magisterial Drstnot Number: 09-1-01 MDJ Name: Hen. Charles A. Clement, Jr. Address: 400 Bridge Street, Ste. 3 New Cumberland, PA 17070 Telephone: (717)774-5989 Amount Data Paid Filing costs $ / Ponta e $ Service Costs $ 40-00 / Constable Ed. $ 10. / Total $ .00 ! q -1 4 r% g??8, 00 Pa. R. C. P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment together with costs against you for the possession of real property and for: Lease is ® Residential ? Nonresidential. LANDLORD AND n !1 ?? n TENANT COMPLAINT PLAINTIFF: NAME and ADDRESS F- Tri & Mai Nguyen 24 South 391h Street Camp Hill, PA 17011 . v$. MENDANT: NAME and ADDRESS Karon & Thomas Taylor Derek & Rebecca McLaughlin 1006 East Coover Street Mechanicsburg, PA 17055 DocketNo.: LT-0000332-10 Date Fled; 6/22/10 ] Damages for injury to the reel property, to wk: in the amount of: $ $I Damages for the unjust detention of the real property in the amount of $ a Rent remaining due and unpaid on filing date in the amount of $ And additional rent remaining due and unpaid on hearing date $ ] Attorney fees In the amount of $ Total: $ THE PLAINTIFF FURTHER ALLEGES THAT: 1. The location and address, if any, of the real property is 200 West Green Street, Shiremanstown, PA 2. The plaintiff is the landlord of that property. 3. He leased or rented the property to you or to Karen and Thomas Taylor under whom you claim. 4, ® Notice to quit was given in accordance with law, or ? No notice is required under the terms of the lease. 5. ® The term for which the property was leased or rented Is fully ended, or 1171 A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: Failure to pay rent ? Rent reserved and due has, upon demand, remained unsatisfied. 6. You retain the real property and refuse to give up its possession, I Tri N u en verify that the fads set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statements Made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) relating to unswom falsification to authorities. 1.11 a _ Jason E. IF YOU HAVE A DEFENSE to this complaint you may present It at the hearing. IF YOU HAVE A Qt-AIM against the plaintiff arising out of the occupancy of the premises, which Is in the magisterial district judge jurisdiction and which you Intend to assert at the hearing, YOU MUST FILE it on a complaint form at this office BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and rent If claimed, may nevertheless be entered against you. A judgment against you for possession may result In your EVICTION from the premises. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and Its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. R-rkm and Swnmarv of Testimony Mav be Recorded on Reveroe Side. AO PC 31 OA-05 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANP A CIVIL DIVISION -am W = PRAECIPE FOR WRIT OF EXECUTION 2r Z Nguyen, Tri and Mai ? confessed Judgment -<> N Plaintiff ?? Other ?C ) vs. File No. 2010-07870 XQ _ 2,919.06 Am nt D j';= •• ou ue Taylor, Karon & Thomas; McLaughlin, Defendant Interest $11.52 as of 1/20/11 - --- Mechanicsburg, PA 17055 Derek & Rebecca address: Any's Comm 1006 East Coover Street Costs $351.25 TO THE PROTHONOTARY OF THE SAID COURT: lall d Address: 26 West High Street Carlisle, PA 17013 X53 75 >dc?,4 &?&fy Attorney for: 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 Cumberland 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 col 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). E] (Indicate) Index this writ against the garnishee (s) as a lis pendens,jgainst real estate of the defendant(s) described in the attached exhibit. /!l J Date 1/21 /11 Signature: ma?yy. Print Name: y/IfiSon E. Kelso, Esquire ov a Telephone. Plaintiff (717) 243-6222 Supreme Court ID No: 209107 C) -n -•i ° s C9 vrn C?t?b nth i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7870 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due TRI AND MAI NGUYEN Plaintiff (s) From KARON & THOMAS TAYLOR; DEREK & REBECCA McLAUGHLIN AT 1006 EAST COOVER STREET MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY. (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 $2,919.06 Interest $11.52 AS OF 1/20/11 Atty's Comm % Atty Paid $53.75 Plaintiff Paid Date: 1121/11 L.L.$.50 Due Prothy $2.00 Other Costs (Seal) Deputy REQUESTING PARTY: Name JASON E. KELSO, ESQUIRE Address: 26 WEST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-6222 Supreme Court ID No. 209107 may. TRI and MAI NGUYEN 24 South 39"' Street Camp Hill, PA 17011 Plaintiffs V. KARON and THOMAS TAYLOR and DEREK and REBECCA MCLAUGHLIN 1006 East Coover Street Mechanicsburg, PA 17055, Defendants C") IN THE COURT OF COMMON PLE4901= C -n CUMBERLAND COUNTY, PENNSILL%A14A, rnF v,r- ? arn, Qc?v < ' -a vc, No 2010-07870 e:?-n XF . E Civil Action Law PRAECIPE FOR SATISFACTION To the Prothonotary: Having received satisfaction in full of the above judgment, you are hereby authorized and directed to mark the judgment satisfied upon payment of your costs. Respectfully submitted, SAIDIS Date: By: LL AN & ROGERS i t on E. Kelso, Esquire Attorney ID 209107 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiffs