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HomeMy WebLinkAbout11-0072COMMONWEALTH OF PENNSYLVANIA r:(11 INTY (~F• CUMBERLAND Mag. Dist. No.: MDJ Name: Hon. 09-3-02 VIVIAN,COHICK Address: 55 PENN ' DR NEWVILLE, PA Telephone: (717) 776 - 3187 17241 1 - / ~- NOTICE OF JUDGMENTlTRANSCRIPT PLAINTIFF: RESIDENTIALELEASE rLLOYD, KATHY J. ~ 1642 WALNiTP BTM ROAD NEWVILLE, PA 17241 L J VS. DEFENDANT: NAME and ADDRESS rSHORT, LONNIE, ET AL. ~ 107 E. MAIN STREET NEWVILLE, PA 17241 KATHY J. LLOYD L J 1642 WALNUT BTM ROAD Docket No.: LT- 0000137 -10 NL~VILLE, PA 17241 Date Filed: 9/20/10 THIS IS TO NOTIFY YOU THAT; Judgment: FOR PLAINTIFF i ®Judgment was entered for: (Name) LLOYD, KATHY J. Judgment was entered against SHORT, CARI,A JACKSON in a 0 Landlord/Tenant action in the amount of $ 1, 915.32 on 9/29/10 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 950.00. The total amount of the Security Deposit is $ 850.00 Total Amount Established b MDJ Less • Security Deposit Applied = Rent in Arrears $ 1,192.32 - $ 0 = Physical Damages Leasehold Property $ . 00 - $ . 00= Damages/Unjust Detention $ _ 00 - $ _ 00 Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T Judgment Amount Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ^ This case dismissed without prejudice. ^% Possession granted. ^ Possession granted if money judgment ^. Possession not granted. Total Judgment $ Adjudicated Amount 1,792.32 $ _00 $ _00 $ _00 $ 'x,792_32 $ 123.00 $ _00 $ 1,915.32 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 SUPERSEDERS, 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 PROTHONOTARYlCLERK 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 JUDGM~EN't DEBTGR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~~ Date .!lint) .Magisterial District Judge q~~ l ~~. ~.. ~~~ ~~ "~~~ Date ~~ C_Ic ~.d~lT.Gre~ , 1,4agisterial District M commission expires first Monday of January, 2012 • SEAL .,,X,. ~,~~_~a J COMMONWEALTH OF PENNSYLVANIA rni iniTV n~• CUMB$RT.AND Mag. Dist. No.: 09-3-02 MDJ Name: Hon. VIVIAN COHICR Address: 55 PENN DR I!iSW~TILLE, PA Telephone: (717 ~ 776 - 3187 17241 KATHY J. LLOYD 1642 liitAI~NU'P BTM ROAD NS9IVILLI6, PA 17241 THIS IS TO NOTIFY YOU THAT: Judgment: gOR pT aT*rrTFF ~g Judgment was entered for: (Name) LLOYD KATHY J - Judgment was entered against SHORT LONNIE in a ^X Landlord/Tenant action in the amount of $ 1, 915.32 on 9/29/10 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 950.00. The total amount of the Security Deposit is $ 850.00 D 't A lie = Adjudicated Amount NOTICE OF JUDGMENT/1'RANSCRIPT RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS ., rLLOYD, KATHY J. 1642 MAI1d[JT BTM ROAD NEWVILLE, PA 17241 L vs. J DEFENDANT: NAME and ADDRESS ~ rSHORT, LONNIL. 8T AL- 107 E . MAIN STRI3$T NL~VILLE, PA 17241 L_ J Docket No.: LT- 0000137 -10 _ Date Filed: 9/20/10 Total Amount Established bYMpJ Less • Security epos) pp 00 Rent in Arrears $ 1, 792.32 - $ Physical Damages Leasehold Property $ . 00 - $ . 00 'Damages/Unjust Detention $ _ 00 - $ _ 00- Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) UT Judgment Amount Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees This case dismissed without prejudice. ~% Possession granted. Possession granted if money judgment Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total Defendants are jointly and severally liable. $ 1,792.32 .00 $ _00 $ _00 $ _00 $ 1792 _ 32 $ 123_00 $ _00 $ 1,915.32 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 SUPERSEDERS, 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 ANDlOR 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. / / Date ~ ' , Ma isterial District Judge `~~ certi t a' t is is a true an correct co o e r or o t e procee ings containing t e ~u gment. ~•~ ~'~~ Date ~1+J ,Magisterial District Judge M~rrcommission expires first Monday of nuary, 2012 • SEAL r ~ ~-~~ 1 ~f... ~° ~~ ~'~ ~~P ~ J --4 P~ ~~ ~~~; ~E3PrlB£R~..,~~3~.d a::~t~~~ t ;. ~'~`NMS`~~ V~~~~.^. ~~s ~ ~~ ~s3 i ~~ ~p-{Jccs fled ~ N~<<~ w~.:t ed fd ~ ~ Q,~ ~ra ,.~ 7 ~~~ ~ ~~,, ~~ ~l e. , ~~ 17 ~-y1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION �QC �uJKenf �ZeeoVcry A© Confessed Judgment Plaintiff ❑Other r l.Oni1CQ ✓�k0{"t VS. File No. it 4-6)07)— ed'e)G< Tacks" �D7 G,✓�u.`n 3i Amount Due �• 3 0& rfall! Defendant Interest Trrop L 09' �b AQr ,eii Address: Arty'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. t--� r.,,, c._:. C= cs Issue writ of execution in the above matter to the Sheriff of to :.z County,for debt, interest and costs,upon the following described property of the defendant(s) '� -� r.<.. CJ --a Ss -n' 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) Lr�110('e short +- �a"i� t`15vt �� levy a►1 all QccouxjsS 9�• rei 1lay way 6ak"o- e'--`t- lkr� --Q-qk 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 defendant(s)described in the attached exhibit. Date Signature: Print Name: /l thael clue') /V 9C 5.'1t wC"1 1- 1 P°or0s;;.rC Address: 01 � `tila�1 C�tle �© l9 VKto� �© Fj U oX V q!{, Attorney for: Telephone: �� 7 A© I Ze (�,O� ��&Ianivj n� Supreme Court ID No: c � l 14 a7• X �. z s �ue- -5 Cash WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2011-0072 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 Lonnie Short& Carla Jackson Short- 107 E.Main Street,Newville,PA 17241 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of Suntrust Bank GARNISHEE(S)as follows: Suntrust Legal Processing-Mail Code 5099 P.O.Box 441.8 Atlanta,GA 30302-4418 Lonnie Short&Carla Jackson Short are believed to bank at Suntrust Bank.I wish to levy on all accounts that they may have at this bank. 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; (2) 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$1,915.32 Plaintiff Paid$65.75 Interest 6% from 5/11/09 to Present Attorney's Comm. % Law Library$ Attorney Paid$ Due Prothonotary$2.25 Other Costs$ Date: September 10,2013 , David D.Buell,Prothonotary . Deputy REQUESTING PARTY: Name : Michael Carducci d/b/a MDC Judgment Recovery Address: P.O.Box 52 Mt Holly Springs,PA 17065 Attorney for: Telephone: 717-609-0178 Supreme Court ID No.Pro Se Rule 3253. Interrogatories in attachment. Interrogatories of the plaintiff to the garnishee shall be substantially in the following form: C L7i CM hf 2.e(owf) V Lo w rJ,'e 5kol+ (Caption) �•w Interrogatories to Garnishee _ -V Suh r►c�i MCD CO) To , No Accounts Found :V r:I No funds Available �� rn �Cr ccounts Closed (Garnishee) ) v c" W ,..„i FT' You are required to file answers to the following interrogatories within twenty(20)days afteevse vt t a ' upon you. Failure to do so may result in judgment against you: -< nary Hinds SEP 13 1013 1.At the time you were served or at any subsequent time did you owe the de nda per�a�t u'�Y ' lt 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? g 2.At thou were sere 'd or at any subsequent time was therein 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? "e- r)O&P-,e 3.At the time you were erved or at an s se uent time did you hold legal title to an roe of Y Y q Y g Yp p any nature owned solely or in part by the defendant or in which the defendant held or claimed any interest? 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? 3_ 1 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? 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? O 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. PuD' 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. JaQ� reClt- ,q,A)u-L CZOwj� `6 e, ocfrl 1 9A M (The plaintiff may se`tYorth additional appropriate interrogatories.) Explanatory Comment Numerous federal and state statutes provide that funds paid to individuals pursuant to the statutes are exempt from execution,levy and attachment. Perhaps the premier statute in this regard is the Social Security Act which provides,42 U.S.C. § 407: § 407.Assignment;amendment of section (a)The right of any person to any future payment under this title shall not be transferable or assignable,at law or in equity,and none of the moneys paid or payable or rights existing under this title shall be subject to execution,levy,attachment,garnishment,or other legal process,or to the operation of any bankruptcy or insolvency law. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAI ;-H OF PENNSYLVANIA) NO 2011-0072 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 Lonnie Short&Carla Jackson Short- 107 E. Main Street,Newville,PA 17241 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of Suntrust Bank GARNISHEE(S)as follows: Suntrust Legal Processing-Mail Code 5099 P.O. Box 4418 Atlanta,GA 30302-4418 Lonnie Short&Carla Jackson Short are believed to bank at Suntrust Bank. I wish to levy on all accounts that they may have at this bank. and to notify the gamishee(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, (2) 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$1,915.32 Plaintiff Paid$65.75 Interest 6% from 5/11/09 to Present Attorney's Comm. % Law Library$ Attorney Paid$ Due Prothonotary$2.25 Mary Hinds Other Costs$ SEP 13 2013 J `O ,r ,dons Analyst Date: September 10,2013 David D. Buell, Prothonotary No A=Aunts Found No tunds Available - A� ants cash Y Deputy REQUESTING PARTY: Name : Michael Carducci d/b/a MDC Judgment Recovery Address:P.O. Box 52 Mt Holly Springs,PA 17065 Attorney for: Telephone: 717-609-0178 TRUE COPY FROM RECORD Supreme Court ID No. Pro Se In Testimony whereof, I here unto set my hand ,_,(� p and the seal of said Court at arlisle,Pa. f �UM y,zt This 10� day of 20�. Prothonotary �n t'fl 1_`