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HomeMy WebLinkAbout13-1710 IWII COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease r Mag. Dist. No: MDJ- 09 -3 -01 Daniel Witmer MDJ Name: Honorable H. Anthony Adams V. Address: 35 West Orange Street Daniel Russell, Christy Powell Shippensburg, PA 17257 Telephone: 717- 532 -7676 Daniel Witmer Docket No: MJ- 09301 -LT- 0000028 -2013 118 Oakville Rd Case Filed: 2/19/2013 Shippensburg, PA 17257 Disposition Details Grant possession. No Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09301 -LT- 0000028 -2013 Daniel Witmer Daniel Russell Judgment for Plaintiff 02/28/2013 MJ- 09301 -LT- 0000028 -2013 Daniel Witmer Christy Powell Judgment for Plaintiff 02/28/2013 Judgment Summary Particioant Joint/Several Liability Individual Liability Amount Christy Powell $5,038.15 $0.00 $5,038.15 Daniel Russell $5,038.15 $0.00 $5,038.15 Daniel Witmer $0.00 $0.00 $0.00 Judgment Detail ( 'Post Judgment) In the matter of Daniel Witmer vs. Daniel Russell; Christy Powell on 2/28/2013 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $600.00 Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $3,438.00 $0.00 $3,438.00 Physical Damages to Property $1.415.00 $0.00 $1,415.00 Filing Fees $146.50 $0.00 $146.50 Server Fees $38.65 $0.00 $38.65 Grand Total: $5,038.15 Portion of judgment for physical damages arising out of residential lease: C ) 6"o C c: �J_ w rn 3-'. ` r MDJS 315A Page 1 of 3 Printed: 02/28/2013 2:03:19PM Daniel Witmer Docket No.: MJ- 09301 -LT- 0000028 -2013 v. Daniel Russell, Christy Powell 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. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. 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. 7"? Date Magisterial District Judge H. Anthony Adams�� j certify that this is a true an correct copy o t e re or o the proceedings containing the judgment. "� ) - Date/ Magisterial District Judge MDJS 315A Page 2 of 3 Printed: 02/28/2013 2:03:19PM Daniel Witmer Docket No.: MJ- 09301 -LT- 0000028 -2013 v. Daniel Russell, Christy Powell Participant List Plaintiff(s) Daniel Witmer 118 Oakville Rd Shippensburg, PA 17257 Defendant(s) Christy Powell 340 E King Street Shippensburg, PA 17257 Daniel Russell 340 E King Street Shippensburg, PA 17257 MDJS 315A Page 3 of 3 Printed: 02/28/2013 2:03:19PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION r ® Confessed Judgment Plaintiff ❑ Other /,3 '0 ,co4I Cl/ VS, File No. (lrl..l V53 I LT - c� ac a i L n G c S y P1.1 we Amount Du 3 � Defendant Interest Address: - Atty's Comm ' 3 0 - )'s F'�fy 57' I s = Costs 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 - CL4171 � r Ie, n c4 County, for debt, interest and costs, upon the following described property of the defendant (s) M - gy p "T� C) tt­ co -.. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cut /71/x ' /C c� 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 gamishee(s). ❑ (Indicate) Index this writ against the garnishee (s) as a lis pendens \again real `'pstatg._Af_.the_ _. defendant(s) described in the attached exhibit. Date C / 0 / 13 I/ _ Signature:. �l t; Print Name: _ Dc. ,, , f J P L J 7717 Address: Z u' C>C-, /I 14 v i x Ic Attorney for: y� Telephone: - 7 1 - 7 ^ 7d 6 1 Supreme Court ID No: 1 0a 59 �5 w '41 ' ,� 11 WRIT OF EXECUTION and /or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13 -1710 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Daniel Witmer Plaintiff (s) From Daniel Russell and Christy Powell 325 Fort St., Apt. 5 Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell Personal Possessions (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 gamishee(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 $ 5,038.15 Plaintiff Paid $59.75 Interest Attorney's Comm. % Law Library $ Attorney Paid $ Due Prothonotary $2.25 Other Costs $ Date: 4/2/2013 David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name: Daniel Witmer Address: 118 Oakville Rd. Shippensburg, PA 17257 Attorney for: n/a Telephone: 717 -729 -1125 Supreme Court ID No.