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HomeMy WebLinkAbout11-7611-. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-1-03 MDJ Name: Honorable Richard S. Dougherty Address: 98 South Enola Drive, Suite 1 Enola, PA 17025 Telephone: 717-728-2805 John Kichman 260 N Enola Dr 1 st floor Enola, PA 17025 /1-1716011 0-1 I-V i ilTerm Notice of Judgment/Transcript Residential Lease John Kichman V. Steve Fishell, Holly Fishell 330 W. Farry --4taet 4Ept1q., PA 170aS Docket No: MJ-09103-LT-0000092-2011 Case Filed: 8/15/2011 Disposition Details . ZK Pico o ` Grant possession. No M .,J F --+ -'V Grant possession if money judgment is not satisfied by the time of eviction. Yes r r ~ . c ap Holly Fishell "-;- CD --i C -T- Wage attachment is prohibited due to lack of personal service. No N Wage attachment is prohibited under Title 42 Section 8127. No = = t' Co CD Steve Fishell Wage attachment is prohibited due to lack of personal service. No gage attachment is prohibited under Title 42 Section 8127. No Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09103-LT-0000092-2011 John Kichman Steve Fishell Judgment for Plaintiff 08129/2011 MJ-09103-LT-0000092-2011 John Kichman Holly Fishell Judgment for Plaintiff 08/29/2011 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Holly Fishell $1,188.72 $0.00 $1,188.72 Steve Fishell $1,188.72 $0.00 $1,188.72 Judgment Detail ('Post Judgment) In the matter of John Kichman vs. Steve Fishell; Holly Fishell on 8/29/2011 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 Judament Component Joint/Several Liability Individual Liability Deposit Applied Am un Rent in Arrears $1,054.72 $0.00 $1,054.72 Filing Fees $134.00 $0.00 $134.00 Grand Total: • Portion of judment for physical damages arising out of residential lease: Amount of judgment subject to attachment 42 PA C.S. 8127: ai,-iaa.rc $0.00 $0.00 411-as PD PLrF CASH e# a ?s y(o,? MDJS 315A Page 1 of 3 Printed: 10/03/2011 8:42:01AM 0 -. John Kichman V. Steve Fishell, Holly Fishell • Docket No.: MJ-09103-LT-0000092-2011 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 PROTHONOTARYICLERK 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 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 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 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 isterial Distri Jud "a S. Dougherty OCT 0 3 2011 Date a 'steria Dis ict Jud and S. Dougherty ? nc y ? e,, r f .. MDJS 315A Page 2 of 3 Printed: 10/03/2011 8:42:01AM WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7611 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JOHN W. KICHMAN, Plaintiff (s) From STEVE and HOLLY FISHELL, 330 W. Perry Street, Enola, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell personal property and one car . (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 $1,188.72 Interest Atty's Comm % Atty Paid Plaintiff Paid $51.25 Date: 10/6/11 L.L. Due Prothy $2.00 Other Costs (1))-4 Da . Buell, Protho otary (Seal) By: Deputy REQUESTING PARTY: Name JOHN W. KICHMAN Address: 260 N. ENOLA DRIVE ENOLA, PA 17025 Attorney for: Telephone: 717-635-8527 Supreme Court ID No. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor John W Kichman vs. Steve Fishell (et al.) w h4kJijy v OFFICc HE , i?OTHON Qr ?,9 Y z?11 NOY 21 AM 10: 06 CUMBERLAND COUNTY ?A N14 Case Number 2011-7611 SHERIFF'S RETURN OF SERVICE 10/11/2011 06:27 PM - Michelle Gutshall, Deputy, being duly sworn according to law, states that on October 11, 2011 at 6:27 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: Steve Fishell at 330 W. Perry Steet, East Pennsboro, Enola, PA 17025, informed Defendant of contents of same and levied upon personal property at 10 Prospect Drive, F Unit #54, Enola, PA 17025. Postcard and copy of levy mailed to plaintiff and letter mailed to defendant on October 12, 2011. 10/11/2011 06:27 PM - Michelle Gutshall, Deputy, being duly sworn according to law, states that on October 11, 2011 at 6:27 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: Holly Fishell at 330 W. Perry Steet, East Pennsboro, Enola, PA 17025, informed Defendant of contents of same and levied upon personal property at 10 Prospect Drive, F Unit #54, Enola, PA 17025 . Postcard and copy of levy mailed to plaintiff and letter mailed to defendant on October 12, 2011. 11/15/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $111.41 November 16, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Al* .2 ?0 7 59p (r.; Cot" rySuitn sp.,-.ff. ie eosoft. !;? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL John W. Kichman VS. Steve Fishell, Holly Fishell TO PROTHONOTARY: I t- ? ? I I Ci ?' ? No. PRECIPE TO SATISFY JUDGMENT =M ' C!1 ? N =? Cr c o ' rv ° is hereby authorized to enter satisfaction on the record of the above stated Judgment; is also authorized to enter satisfaction of Judgment and is authorized to settle, discontinue, and end as to any execution upon which Judgment has been entered. Dated - -?4 ?? Plainti