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HomeMy WebLinkAbout04-4781 COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CUMBERLAND Mag. Dist NO PLAINTIFF: RESIDENTIAL~,A~ELEASEan~ AD~FI~S 09 - 1 ' 02 FKENNEDY, BRIAN DSName Hon. 210 N 32~ ST ROBERT V. ~O~ ~P HILL, PA ~7011 A~: 1901 '~TATE STREET L ~P HILL, PA D EF~NDANT: NAME A~d ADDRESS 2~ FL~ ~O~, PA 17025 2~0 R 32~ ST UocketNo.: LT-0000~67-04 ~P H~LL, P~ 17011 Oate ~iled: 8/02/04 THIS IS TO NOTIFY YOU THAT: Ju~ment: FO~ ~ Judgment was entered for: (Name) ~Y, B~ Judgment was entered against DEPAS~U~E, ~H~ in ~ Landlord/Tenant action inthe amount of $ 664.00 on 8/09/0~ . (Oate of Judgment) The amount of rent per month, as established by the District Justice, is $ 525.00. The total amount of the Security Deposit is $ 525.00 Total Amount Established ~S!0~ess;Security Deposit A?%I~O : AOjudicate%~oy~ Rent in Arrears $ -- = $ Physical Damages Leasehold Prope~y $ .00 --$ .00 = $ 00 Damages/Unjust Detention $ .00 - $ . O0 = $ 00 Less Amt Due Defendant from Cross Complaint - $ 00 Interest (if provided by lease) $ I UT Judgment Amount $ 560 O0 ~ Attachment Prohibited/ Judgment Costs $ 104 00 42 Pa.C.S. ~ 8127 Attorney Fees $ 00 ~This case dismissed without prejudice. Total Judgment $ 66~ 00 ~ Possession Post Judgment Credits $ grand. Post Judgment Costs $ Certified Judgment Total $ ~ Possession granted if money judgment i~ not sat~st~ed by t~me ot ewct~on. ~ 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. 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 APPEl EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE. UNLESS THE JUDGMENT tS ENTERED iN THE COURT OF COMMON PLEAS, ANYONE iNTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WiTH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, eETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ,~_c~rtd~t~h(~a~tthis Date _,~~~z'~ , District Justice is a,~or~--~o~e'..,~/.~ t~ Cro_~ceedings containing the judgment. } ~/?/0 ¢' _ Da~'~,,~ ~~ ,District Justice~ My commission expires first Monday of January, 2006. SEAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAEClPE FOR WRIT OF EXECUTION ~. ,~ VS. TO THE PROTHONOTARY OF THE SAID COURT: ( ) Confessed Judgment ( ) Other Amount Due d~ Y -~ Interest Atty's Corem 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 ,~/'~/~" County, for d~nte~e~st and costs, upon the following described pro/perty of the defendant(s) PRAECIPE FOR ATFACHMENT EXECUTION issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment agains:t 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). Date (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) .described in the attached exhibit. ~///c~ ~/~ ~' Signature: Print Name: Address: Attorney for: Telephone: Supreme Court ID No.: (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C,P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. WRIT O1' EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-4781 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF YORK COUNTY: To satisfy the debt, interest and costs due BRIAN KENNEDY Plaintiff (s) From MATTHEW DEPASQUALE, 74 NORTH TREMONT STREET, YORK, PA 17405 (1) You are c[trected to levy upon the property of the defendant (s)and to sell ALL PERSONAL 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 ganf~shee(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 attachmem 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 $664.00 L,L. Interest ARy's Corem % Due Prothy $1.00 Arty P~f~d $34.25 Other Costs PlaintiffPaid Date: 9/23/04 (Seal) REQUESTING PARTY: Name BRIAN KENNEDY Address: 210 N 32tqr~ STREET CAMP HILL, PA 17011 Prothonotary fi/ / Deputy · Attorney for: Plaintiff Telephone: 71%730-0365 717-774~7080 Supreme Court ID No. O'l-'i7'i1 12/23/04 LEVY NOT MADE WIHTIN LIFE OF WRI. WRIT EXPIRED. DEPUTY WAS REFUSED ENTRY INTO PREMISES. SHERIFF COSTS $30.50 (PAID) SO ANSWERS, DECEMBER 27, 2004 ~/~ WILLIAM M HOSE, SHERIFF n '" c::;;, () c:: C::l "'l1 o:.;.s"l <- --1 :1.: ~'.-'" 1";1 :::rJ ...... d_ ,- I -;::: r',: , - ~-) I".' C' "'-") l. .--/e) u - -T, ;t:"'la -r, --.'" (;~S -:;.''"- .-'"" C3 ,-q L") --J Expi12C 12/22/04 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE. ONLYLN 1 THRU 12 DO NOT DETACH AtllY c>>PIEfi " COURT NIiMBER r a LOO4 SU 3147 Y08 04-47 <4 TYPE OF WRIT OR COMPLAINT 1 PLAINTiFF/SI Brian Kennedy 3 DEFENDANTlSI matthe~1 De as u le SERVE { 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETe TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD .. Matthew Depasquale 6 ADDRESS (STREET OR RFO VVlTH BOX NUMBER, APT NO.. CITY. BORO. "f\\oP . STATE AND ZIP CODE) ~y vyB) AT 74 North Treroont Street York PA 17403 7 INDICATE SERVICE (J PERSONAl U PERSON IN CHARGE U DEPUTIZE '.JCERT MAIL U 1ST ClASS MAil U POSTED Writ '...1 OTHER NOW , 20 _ I, SHERIFF OF YORK COUNTY, PA, do hereby depulize the sheriff of COUNTY to execute this Writ and make return thereof'according to law. This depulization being made at the request and risk of the plaintiff., SHERIFF OF YORK COUNTY 8 SPECIAlINSTR.UCTIONS OR OTHER INFORMATION THAT VVlll ASSIST IN EXPEDITING SERVICE Levy upon all personal property Allow exemption claim for exemption form enclosed Set sale 25 days from date of levy NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: H.B. WAIVER OF WATCHMAN. Any deputy shenff levying upon or anac;hing any property under within wrrt may leave same without a watchman. in custody of whomever is found in possession. arler notifying person of IeIJY 01' attachmenf, without liability an the part of such deputy or the sheriff to any p(amtiff herein foe ar'rf lOss. destruction, or removal of any property before Sheriff's sale thereaf 9 TYPE NAME and AOORESS of ATTORNEY I ORIGINATOR and SIGNATURE Brian Kennedy 210 N 32nd Street Can~ Hill PA 17011 cel 10. TELEPHONE NUMBER 717 329 31.62 11 DATEFllEO 12 SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BElOW: (This area must be comp~led if notice IS to be mailed) SPACE BELOW FOR USE OF TIE SttERFF - DO NOT WRITE 8ELOW TtIS LItE 13 lacknowtedgereceiptotlhewril 14. QATERECE1VED 15. E,IlpirationlHearingDate orcomplainlos.._tedabove S Bickel 16 HOW SERVED PERSONAL ( RESIDENCE ( ) POSTED ( J POE( ) SHERIFF'S OFFice ( l OTHER ( SEE REMARKS BELOW 11 Q I hereby cern", and return a NOT FOUND because! am unable to locate the individu81, company, etc named above, (See remartl.s below,) 18 NAME AND nnE OF INDIVIDUAL SERVED} LIST ADDRESS HERE IF NOT SHO\MII ABOVE (Relabonship to Defendant) 19 Date ot Service 20 Time of Service 22, REMARKS: 12/23/04 LEVY NOT MADE IHTHIN LIFE OF IJRIT. \mn EXPIRED. DEPUTY liAS REFUSED ENTRY INTO PREIOSES ) 639 '23 Advance Costs ,\, AFFIRMED and subSCtibed to be 2 ~y or 'j?L.(IJ1.-u:/!'J8 !!lI43 NoLr:al Seal James v. Vangrecil, Nctary Pubjj~ City of Yorl< 'Y(!,~~ County, PA I M Commission lx"-,':es Mar. 21 2005 County Sheri" \.1 -aF-THt: 3Hl:f\IH S RETURN SIGNATURE OF AUTHO~IZED ISSUING AUTHORITY A.N~ TITLE V\HITE - I$SUlng Authority 2, PINK. Attorney 3. CANARY. Sheriffs Office 4. BLUE - Shenft"s Office 44. Signature of Oep, Sheriff 46 Signature of York County Sheri" 45. DATE '" ~ 47, DATE 12/27/04 49 DATE 51 DATE RECEIVEO WRIT OF EXECUTION andlor ATTACHMENT 2004~SU-003141-~O NO 04-4781 Civil CIVIL ACTION - LAW COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF YORK COUNTY: To satisfy the debt, interest and costs due BRIAN KENNEDY Plaintiff (s) From MATTHEW DEPASQUALE, 74 NORTH TREMONT STREET, YORK, PA 17405 (I) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL 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: r, 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 oftbe 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 himlher that helshe has been added as a . garnishee and is enjoined as above stated. .. . Amount Due $664.00 L.L. Interest r ... Coo--, - .,~ Atty's Corom % Due Prothy $1.00 Other Costs REQUESTING PARTY: Name BRIAN KENNEDY Address: 210 N 32ND STREET CAMP HILL, PA 17011 Deputy o t=- O \....~ __A Atty Paid $34.25 Plaintiff Paid Date: 9/23/04 (Seal) By: ".0 "'" -", ~ S" ..- Attorney for: Plaintiff Telephone: 717-730-0365 717-774-7080 rRUE COPY FROM RECORD In T estlrnony Wl1er!lOf. I h5rs unto sat my MIlIj and the seal of said C at CarIIslG. PI. fl1! Y Supreme Court ill No. If!! ~~aJ~ 1~ $% 1'5