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
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Grant possession. No M
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Grant possession if money judgment is not satisfied by the time of eviction.
Yes r r
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Holly Fishell "-;-
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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
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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
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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.)
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OFFICc
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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
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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
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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