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HomeMy WebLinkAbout11-6916COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-2-01 MDJ Name: Honorable Paula P. Correal Address: 2260 Spring Road, Suite 3 Carlisle, PA 17013 Telephone: 717-218-5250 Carrie McKee 130 Peach Orchard Rd Newville, PA 17241 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Richard Kotzmoyer Wage attachment is prohibited due to lack of personal service. Wage attachment is prohibited under Title 42 Section 8127. 11- (oQlb 3,IlTerrn Notice of Judgment/Transcript Residential Lease Carrie McKee V. Richard Kotzmoyer, Tammy Kotzmoyer /ls/ei oA- ? 10?,5? Docket No: MJ-09201-LT-0000010-2011 Case Filed: 2/28/2011 CD ci C -n -t rrnco U' m- r Yes rn ?u *t r No o t? -n {1 No =C:) 3 C`? ea No ; C= rn Tammy Kotzmoyer -? 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-09201-LT-0000010-2011 Carrie McKee Richard Kotzmoyer Judgment for Plaintiff 03/11/2011 MJ-09201-LT-0000010-2011 Carrie McKee Tammy Kotzmoyer Judgment for Plaintiff 03/11/2011 Judgment Summary Joint/Several Liability Individual Liability Amount Participant Richard Kotzmoyer $1,925.30 $0.00 $1,925.30 Tammy Kotzmoyer $1,925.30 $0.00 $1,925.30 Judgment Detail (*PostJudgment) In the matter of Carrie McKee vs. Richard Kotzmoyer; Tammy Kotzmoyer on 3/11/2011 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 $650.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $1,783.00 $0.00 $1,783.00 Filing Fees $142.30 $0.00 $142.30 Grand Total: $1,925.30 Portion ofjudment arising out of residential lease: $0.00 Amount of judgment subject to attachment 42 PA C.S. 8127: $0.00 4 oZ1I.AS Ph P tFF CASH Of a11:0419W 11 D*Oe 'wi lecl MDJS 315A Page 1 of 2 Printed: 03/11/2011 11:21:OOAM Carrie McKee Docket No.: MJ-09201-LT-00000,10-2011 V. Richard Kotzmoyer, Tammy Kotzmoyer IN AN ACTION INVOLVING•A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOt2.00&86sslow-, ,t WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL ,WITH THE- PROTHONOTARY/CLERK OF 'r;'L(311RT-f T#f11Ttet?R•MMe?it PLEAS; O?VICi`i31VIStON: THiS'APPEAL WtI L tNCIUDE AN APPEAL OPsTHE,IIONEY JUDGIUIE?IT IF, ANY: IN ORDER TO OBTAIN A SUPERSEgEAS; THE.APPELLANT MUST DEPOSIT WITH THE VFi©THOrNOTARVr 1 ERl4 OF. COURTS THE s LESSER OF T+kE£ MONTHS RENT OR THE RENT ACTUALLY, IN ARREARS ON THE DATE THE APPEAL IS FILED 14OWEVeR; LOW-INCOME x: fi4.lp/OR S5GTAON•B'TENANTS?-si4tSUED,,LREFtg,,'C3`"Pa:R:C.P.M:D..J. NO. 1'DO8'OR 1013 FOR Dll4:ERENT PROCEDURES REGARDING TJiIS R DEPOSIT. 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 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 JUDGMENTITRANSCRIPT 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 TJUD NT._,., .ry1 k Date Magisterial District Judge Paula P. Correa) I certify that this is a true and correct copy of the record of the proceedings con ng the judgm Date isteriat Di4rict Judge wlaP Co eat a 2 `5 j A ? ?'Y'(I.7?F11^' f?F'1w F.. ?,-'h' w ?, °'*'. ` ?' ? .. - ,, 1 k !" 'A}1' M1` ?f i YET, 4.00* l 7, r: ?: W h r f r• a( V? N'• lL ? • f_ MDJS 315A Page 2 of 2 Printed: 03/11/2011 11:21:OOAM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Plaintiff 1--77 p?VS. &2e 1/e7- ?_ Defe dant Address: ???, cwalA,?. e"(isl e, pA 1701 TO THE PROTHONOTARY OF THE SAID COURT: Confessed Judgment n r , CD C o Other -p3 -- File No. /I- (DQ l u 1 R1 ' PLai rt' - M Amount Due 9a5. 3o I. Interest s - S Atty's Comm =2 O -r3 DC Costs 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 (j4,2rher/,:? County, for debt, interest and costs, upon the following described property of the defendant (s) 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) 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 4Y- /B - O *a4.0C> po PLFF alas eap* 5I.A5 Po PLFF 40.00 ore Co l.)ri+,psq)el Signature: `if Print Name: Address: !30 Attorney for: l Telephone: / l 7/ 7) L114 507 Supreme Court ID No: Csso P-It WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-6916 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARRIE McKEE, Plaintiff (s) From RICHARD and TAMMY KOTZMOYER, 2911 Enola Road, Carlisle, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all 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 $1,925.30 Interest L.L. Atty's Comm % Atty Paid Plaintiff Paid $51.25 Date: 9/7/11 (Seal) REQUESTING PARTY: Name CARRIE McKEE Address: 130 PEACH ORCHARD ROAD NEWVILLE, PA 17241 Attorney for: Telephone: 717-486-5073 Due Prothy $2.00 Other Costs Davi uell, Prot notary By: Deputy Supreme Court ID No. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ???ntr of ??t?htrrl ,¢ F 9 eL 125 n, 11. E:.. J Carrie McKee Case Number vs. Richard Kotzmoyer (et al.) 2011-6916 SHERIFF'S RETURN OF SERVICE 09/28/2011 09:45 PM - Ryan Burgett, Deputy, being duly sworn according to law, states that on September 28, 2011 at 9:45 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Tammy Kotzmoyer at 2911 Enola Road, Lower Frankford Township, Carlisle, PA 17015, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to aplaintiff and letter mailed to defendant on September 30, 2011. 09/28/2011 09:45 PM - Ryan Burgett, Deputy, being duly sworn according to law, states that on September 28, 2011 at 9:45 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Richarc Kotzmoyer at 2911 Enola Road, Lower Frankford Township, Carlisle, PA 17015, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to plaintiff and letter mailed to defendant on September 30, 2011. 10/19/2011 11:49 AM - Sale bill posted by Deputy William Cline. Sale date set for Wednesday, 10-26-11 at 1500 hours. Copy of sale bill mailed to Plaintiff Carrie McKee. 10/19/2011 11:50 AM - Sale bill posted by Deputy William Cline. Sale date set for Wednesday, 10-26-11 at 1500 hours. Copy of sale bill mailed to Plaintiff Carrie McKee. 10/21/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED defendants filed Bankruptcy. Case Number: 1:11-bk-07156. SHERIFF COST: $94.74 October 24, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF -0t? ?tt . (cl . 114 S 3 Sal 4oi CeuntySu,te SN!rd Teie csott. Inc_