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HomeMy WebLinkAbout12-3918 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Scott Robinson PO Box 659 Camp Hill, PA 17001 Disposition Details Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Disposition Summary loi - 3418 Civil Term Notice of Judgment/Transcript Residential Lease Scott Robinson V. Marianna Horowitz, Sean Kelly MJ-09303-LT-0000054-2012 Scott Robinson Marianna Horowitz MJ-09303-LT-0000054-2012 Scott Robinson Sean Kelly Judgment Summary Participant JointlSeveral Liability Individual Liability Marianna Horowitz $1,781.83 $0.00 Scott Robinson $0.00 $0.00 Sean Kelly $1,781.83 $0.00 Judgment Detail ("PostJudgment) Docket No: MJ-09303-LT-0000054-2012 Case Filed: 4/12/2012 Yes No Disposition Disoosition Date Judgment for Plaintiff 04/23/2012 Judgment for Plaintiff 04/23/2012 Amount $1,781.83 $0.00 $1,781.83 In the matter of Scott Robinson vs. Marianna Horowitz; Sean Kelly on 4/23/2012 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 $575.00 Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Filing Fees $95.50 $0.00 $95.50 Server Fees $36.33 $0.00 $36.33 Rent in Arrears $1,650.00 $0.00 $1,650.00 Grand Total: $1,781.83 Portion of judgment for physical damages arising out of residential lease: $0.00 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 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 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 FRbM 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. MDJS 315A Page 1 of 3 Printed: 04/24/2012 8:10:49AM Scott Robinson Docket No.: MJ-09303-LT-0000054-2012 v. Marianna Horowitz, Sean Kelly 1 ? f Date _ Magist is istrict Judge Susan K. Day a rue an correct copy o the record of the proceedings con imng t e )uogmenr. ?-19-1-- Date Magisterial District Judge f.11p of s w.ax? MDJS 315A Page 2 of 3 Printed: 04/24/2012 8:10:49AM V Scott Robinson Docket No.: MJ-09303-LT-0000054-2012 V. Marianna Horowitz, Sean Kelly Participant List Plaintiff(s) Scott Robinson PO Box 659 Camp Hill, PA 17001 Defendant(s) Marianna:,;°Horm itz 109 3rd Street Apt ##5 Boiling Springs. PA. 17007 Sean Kelly 109 3rd St., Apt. 5 Boiling Springs, PA 17007 i-;i CR7 ? ( t€ - mot. + ?: C ?} ? N a .*31. 4S PA PLFF 0*a7'7090 kb4Wkja;AW1 MDJS 315A Page 3 of 3 Printed: 04/24/2012 8:10:49AM a � Scott Robinson ; ;0"v PRO 1 PO BOX 659 Camp Hill, PA 17011 $°-' 2 Plaintiff In Pro PerUMBRLAN� 3 PiNS`ILVNiA 4 Cumberland County, PA Courthouse 5 6 ) Case No.: 12-3918 Scott Robinson, ) 7 ) ACKNOWLEDGMENT OF ASSIGNMENT Plaintiff, ) OF JUDGMENT s ) vs. ) 9 ) Marianna Horowitz& Sean Kelly, ) Defendant 11 12 COMES NOW Scott Robinson,Plaintiff in the within matter and hereby provides the following 13 in support of an ASSIGNMENT OF JUDGMENT: 14 1) THAT judgment was entered by this court on or about 4/23/2012. 15 2) THAT Plaintiff Scott Robinson was awarded against Defendant Marianna Horowitz& 16 Sean Kelly the sum of$1,781.83. 17 3) THAT there have been no renewals since the entry of said judgment by this court and that 18 Plaintiff Scott Robinson has received$0.00 of judgment from Defendant Marianna 19 Horowitz&Sean Kelly. 20 4) THAT Scott Robinson of PO BOX 659 Camp Hill,PA 17011 is the judgment creditor of 21 record. 22 5) THAT the last address of record for the judgment debtor is 109 3rd Street Apartment#5 23 Boiling Springs,PA 17007. 24 6) THAT I hereby transfer irrevocably,without recourse,and assign all title,right,and 25 interest in the within judgment to the following person: 26 0 1 Michael Carducci M1 27 DB/A MDC Judgment Recovery CGS 2s PO BOX 102 Mt Holly Springs,PA 17065 1 717-609-0178 2 7) THAT I hereby authorize Assignee,Michael Carducci DB/A MDC Judgment Recovery, 3 to recovery,compromise, settle and enforce said judgment and I withdraw all right and 4 claim to same. 5 6 Signed this day of Ft 6 "A g y , 20A at and PA. 7 8 9 colt Robinson 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 c'chaQ! (cxlduce,' j CIVIL DIVISION fidC /wee- ifer o P)ECIPE FOR WRIT OF EXECUTION 0 Box 10a dtef , yv/Iy °°/r 45, P,'(i7i - /MooNk'd,la( tioepte zvS. J 3b Gi^a ;idyl ece' (a y nos re, P,4- 1 '1013 Address: Confessed Judgment Plaintiff . ❑ Other File No. 12 -3918 g/f. Defendant C) na C a rt Amount Due Gfi l '76/, 6 z `� Interest C J- 4osr Atty's Comm it/ /p4- {p Costs 9 A= 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 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 debt, interest and costs, upon the following described property of the defendant (s) d(atggitek tTi ry ' ?f �� %l('pvf'd law( k of yvo r Tte,: lef, 47-rch a(I A(c©ccfl t af- fcas keitk with 46' ,e ya00 4'F. /*m Act" Poi /7 //l PRAECIPE 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 garn Date 00 ec?,A 3/. ,s g. 50 69 El (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. 21- aoty Pd tall te /{C Signature: Print Name: Address: Attorney for: Telephone: Supreme Court hee(s), pendens against real estate of the rc %1 aP I r- ty(ce cc,' B® I J945i --111" "Of .77©1s eft -1-77-er09", et) /Yg ID No: 6u ea /5se/ THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240 -6195 www.ccpa.net Michael Carducci D /B /A MDC Judgment Recovery Vs. NO 12 -3918 Civil Term CIVIL ACTION — LAW Marianna Horowitz 1336 Grandview Ct. Carlisle, PA 17013 WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF COUNTY: To satisfy the judgment, interest and costs against Marianna Horowitz Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of M &T Bank GARNISHEE(S), as garnishee, 4200 Derry St., Harrisburg, PA 17111 (Specifically describe property) and to notify the garnishee that Marianna Horowitz is believed to bank at M &T Bank. I wish to levy /attach all account at this bank with her name. (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) iC property ofthe defendant (s) not Ievied uponand subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person tha he or she has been added as a garnishee and is enjoined as above stated. Amount Due $1,70l.83 Plaintiff Paid $69.75 Interest 6% from 4/23/2012 Law Library Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid Other Costs Date: 4/21/2014 (Sea!) REQUESTING PARTY: Name : Michae Carducci, Pro Se Address: P.O. Box 102 Mt. Holly Springs, PA 17065 Attorney for: Telephone: 717-609-0178 Supreme Court ID No. ' David D. BuelI, Prothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 1 Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain etirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 IN THE UNITED STATES DISTRICT COURT FOR CUMBERLAND COUNTY OF PENNSYLVANIA - M&T Bank CfL17t;'J DFRL JNDfPCfvO;UCU IJfl1Ti-�pu, PENNSYLVANIA Plaintiff(s) Michael Carducci dba MDC Judgment Recovery Petitioner(s) Vs Case No. 12-3918 Civil Term Marianna Horowitz Defendant(s) Respondent(s) Responses to Interrogatories MANUFACTURERS AND TRADERS TRUST COMPANY Garnishee(s). MANUFACTURERS AND TRADERS TRUST COMPANY, pro se, for its answer to the Interrogatories states: [Questions and Answers Pursuant to 14 Pa C.S.A. Rule 3253] 1. At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed any money or were liable to defendant(s) for any reason? Answer: Yes HAS NO Op a,BAC K No FOR ABOvE ip P OUNTS Denies knowledge or information sufficient to form a belief ano the answer to the question. 2. At the time you were served or at any.subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself or one or more other persons any property of any nature owned solely or in part by the defendant(s)? Answer: ❑ Yes x No ❑ Denies knowledge or information sufficient to form a belief as to the answer to the question. 3. At any time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which defendant(s) held or claimed any interest? Answer: ❑ Yes x No ❑ Denies knowledge or information sufficient to form a belief as to the answer to.the question. 4. At any time you were served or at any subsequent time, did you hold as a fiduciary any property in which the defendant(s) had an interest? Answer: ❑ Yes x No a Denies knowledge or information sufficient to form a belief as to the answer to.the question. 5. At any time before or after you were served, did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? Answer: ❑ Yes. The consideration was x No ❑ Denies knowledge or information sufficient to form a belief as to the answer to the question. 6. At the time you were served or at any subsequent time, did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the direction of defendant(s) against you? Answer: ❑ Yes x No ❑ Denies knowledge or information sufficient to form a belief as to the answer to the question. [Additional Questions and Answer (if any)] If any of the following reasons are checked, the account(s) in question are not subject to attachment because: ❑ Account(s) No(s). are escrow account(s) for real estate taxes and insurance. ❑ [Field 12] has a right of set off against the account(s) which it hereby elects to assert. Other: no restraint... funds do not exceed the amount of the general monetary exemtion under 42 Pa.C.S. 8123. Dated: April 30, 2014 MANUFACTURERS AND TRADERS TRUST COMPANY. By: Name: Cathy Fisher Title: Legal Document Analyst Legal Document Processing PO Box 844 Buffalo, NY 14240 (716) 635-7711