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HomeMy WebLinkAbout11-0092ii - q; 6.ivi I Term COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT r0I IIUTV OF CUMBERLAND RESIDENTIAL LEASE 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 527.5 E'..TRINDLE RD STL 110 MECHANICSBURG, PA ripn??(7-17) 761-8230 17.050? LEIBY'S M.H.C. 7075 CARLISLE PIKE CARLISLE, PA 17015 PLAINTIFF: NAME and ADDAESS [LE,IBY'S M:.H.C. 7075 CARLISLE PIKE CARLISLE, PA 17015 L J DEFENDANT: NAME and ADDRESS ?ALBREY,: MARCI?A ,MICHELLE 8 DAYTONAa BLS?'. •, 3 CARLISLE, PA° 1701- L J F cket No.: LT- 0000595 -10 te Filed: 9/20/10 THIS IS TO NOTIFY YOU THAT: Judgment: Judgment was entered for: (Name) LEIBY' S M. H. C . Judgment was entered against AUBREY, MARCIA MICHELLE in a ?g Landlord/Tenant action in the amount of $ 1, 373.29 on 3.0/0511 0_ (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 341, 00. The total amount of the Security Deposit is $ 100.00 Total Amount Established b MDJ Less • Security Deposit Appliedd = Adjudicated Amount Rent in Arrears $ 1, 23.00 -$ . 00= $ 1,023.00 Physical Damages Leasehold Property $ 122.79 _$ . 00= $ 122.79 Damages/Unjust Detention $ _00-$ -o0= $ _on Less Amt Due Defendant from Cross Complaint - $ -00 Interest (if provided by lease) $ 100.00 L/T Judgment Amount $ 1,249-79 ? Attachment Prohibited/ Judgment Costs $ 127.50 42 Pa.C.S. § 8127 Attorney Fees $ - on. ? This case dismissed without prejudice. Total Judgment $ 1,373.29 ? Possession granted. Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 0 Possession granted if money judgment is no sa Is Ie by time o eviction. ? Possession not granted. ? 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 MUSTCOME 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.1)4 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. _ II Date this s tr C4D Uqf /U Date 1 MX commission expires first Monday of January, 2016 AO C 3V 08 Magisterial District Judge Judgment. Magisterial District Judge SEAL 0 btu FILED-OFFICE OF THE PROTHONOTARY 2011 JAN -S PM 3* 4 6 CU PENNSYLVANIA TY -*a'7.&5 Pb AM ShW / e 3'i 55 ?? asz?a8 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION LEIBY'S M.H.C., Plaintiff : ? Confessed judgment Other File No. 2011 - 00092 : Amount Due $1,373.29 Interest 6% from October 5, 2010 Attorney's Comm Costs VS. MARCIA MICHELLE AUBREY, Defendant 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 1996 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue a Writ of Execution in the above-matter to the Sheriff of Cumberland County, for debt, interests and costs, upon the following described property of Defendant (s): Any and all electronic equipment, motor vehicle(s), personal property, cash and other contents of the Defendant located at 8 Daytona Blvd., Carlisle, Pennsylvania, 17015 04d CA,/ q 7?j 14, 7lene s k Afewu4A,-a?,4 A,.fte V.%:N 313i0g0 S_ V Date: January 41 2011 4C9 Andrew C. Sheely, Es re PA ID 62469 ' 127 South Market Street P.O. Box 95rx? Mechanicsburg, PA 17055 717-697-7050 rr 717-697-7065 (fax) }=2W a? a,. as CAF %L U a bo LL rO Ck 3774 r? a t11,rrkbk 2 K Tsaued WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-92 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LEIBY'S M.H.C., Plaintiff (s) From MARCIA MICHELLE AUBREY, 8 Daytona Blvd., Carlisle, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell Any and all electronic equipment, motor vehicle (s), personal property, cash and other contents of the Defendant, including a 1979 Hillcrest manufactured Home, VIN 31310905 . (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 $1,373.29 Interest 6% from October 5, 2010 Atty's Comm % Atty Paid $53.75 Plaintiff Paid L.L. $.50 Due Prothy $2.00 Other Costs Date: 1/18/11 (Seal) 1 Buell, Pr thonotary By: Deputy REQUESTING PARTY: Name ANDREW C. SHEELY, ESQUIRE Address: 127 SOUTH MARKET STREET P.O. BOX 95 MECHANICSBURG, PA 17055 Attorney for: PLAINTIFF Telephone: 717-697-7050 Supreme Court ID No. 62469 t. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Leiby's M.H.C. vs. Marcia Michelle Aubrey r! F ILED-0FFI ! F THE PRCTI IGN0 TA 2011 APR -8 PM Z.' 30 CUMBERLAND COUNT p' PENNSYLVANIA Case Number 2011-92 SHERIFF'S RETURN OF SERVICE 01/27/2011 02:59 PM -Levy done on trailer; trailer vacant. 02/09/2011 William Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 9, 2011 at 1354 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Marcia Michelle Aubrey, by making known unto Ruth Aubrey, Adult in Charge and mother of defendant, at 314 E Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 02-10-11. 04/08/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $78.19 April 08, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF B ron R. Lantz D .OD I'd . C-) . S_o LLpc'- , ` S? 7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY !c; GaurtySuite She 1ff. Teleosoft Ir