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HomeMy WebLinkAbout13-2286 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW PENN WASTE, INC., No. , �j, P oco U(/ Plaintiff VS. — cw JOEL MIRANDA and MELISSA MIRANDA, ��' D Defendants *C-) C)--n �° C ., C) D � te r , ; C) PRAECIPE TO ENTER JUDGMENT TO: PROTHONOTARY Enter judgment in favor of Plaintiff, Penn Waste, Inc., and against Defendants, Joel Miranda and Melissa Miranda, in the amount of $327.26, in accordance with the judgment entered by District Justice Michael J. Smith, a copy of which is attached hereto. Date: �' 2 3 ' 1 3 REAM, CARR, MARKEY & WOLOSHIN, LLP By: . 5 ;"i-:: Z5e John N. Elliott, Esq. 119 E. Market Street York, PA 17401 Phone: 717- 843 -8968 Fax: 717- 846 -4999 PA 82818 P r4 2 8q Nod �.c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PENN WASTE, INC.,, Plaintiff` Lyv Z r _ ! 3 • cn c# , JOEL MIRANDA and MELISSA MIRANDA, r � 2 :c:) It Defendants - > CM AFFIDAVIT OF NO APPEAL TO THE PROTHONOTARY: As of the date hereof, no District Justice Appeal has been filed in the Court of Common Pleas of Dauphin County in the above - captioned matter. REAM, CARR, MARKEY & WOLOSHIN, LLP Date: �� Z�" j� By: A . Elliott, Esq. 119 E. Market Street York, PA 17401 Phone: 717 -843 -8968 Fax: 717 -846 -4999 Email: jnelliottesq@comcast.net PA 82818 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN WASTE, INC., No. 1 �- as �l t o ( c Plaintiff VS. JOEL MIRANDA and MELISSA MIRANDA, , Defendants , NOTICE OF ENTRY OF JUDGMENT (X) Notice is hereby given that a judgment in the above - captioned matter has been entered against you on _ QY 1 0 13 in the amount of $327.26, plus costs of suit. (X) A copy of all documents filed with the Prot not n su of the with' judgment are enclosed. w Prot o otary of Cumberland County Civil Division By: If you have any questions regarding this Notice, please contact the filing party: John N. Elliott, Esq. Attorney for Plaintiff 119 E. Market Street York, PA 17401 717- 843 -8968 (This Notice is given in accordance with Pa.R.C.P. 236) Notice sent to: Joel Miranda and Melissa Miranda 5505 Moreland Court, Apt. 4 Mechanicsburg, PA 17055 Joel Miranda and Melissa Miranda 3 Fox Chase Drive Harrisburg, PA 17111 COMMONWEALTH OF PENNSYLVANIA - COUNTY OF DAUPHIN Notice of Judgment/Transcript Civil Case Ma J No: MDJ- 12 -2 -01 Penn MDJ Name: Hon .Was te, Inc. orable Michael J. Smith ! Address: , 12 � ' .. V. •, ... 81 South 28th Street Joel Miranda, Melissa Miranda z, Harrisburg, PA 17111 i i� Telephone: 717 - 558 -1160. File Copy I Docket No: MJ- 12201 -CV- 0000536 -2012 f ` Case Filed: 9/11/2012 Disposition Summary Docket No Plaintiff Defendant MJ 1220 -CV- 0000536 -2012 Penn Waste, Inc. Disposition Disposition Date MJ-1 2201 - CV-0000536-2012 Penn Waste, Inc. Joel Miranda Default Judgment for Plaintiff 11/05/2012 Judgment Summary Melissa Miranda Default Judgment for Plaintiff 11/05/2012 _ _ _ _ _ Participant Joint/Several Liability Individual Liability Joel Miranda $327.26 Amount Melissa Miranda $0.00 $327.26 $327.26 $0.00 Penn Waste, Inc. $327.26 $0.00 $0.00 - - - Judgment Detail ( *Post Judgment) $0.00 In the matter of Penn Waste, Inc. vs. Joel Miranda; Melissa Miranda on 11/05/2012 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $0.00 Judgment Component Joint/Several Liability Individual Liability Deposit Ap lied Civil Judgment $171.00 Costs $0.00 Amount $156.26 $0.00 $171.00 $156.26 Grand Total: $327.26 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT /TRANSCRIPT FORM WITH YOUR 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. 'Ffc • o i Date Magister' trict Judge Michael J. Smith certi y t at t is is a true and correct copy Of e recor o t e procee ings contai t t I Iu gment. Date Ma sterial Di rict dge MDJS 315 Page 1 of 2 Printed: 04/18/2013 10:26:07AM Penn Waste, Inc. V. Docket No.: MJ- 12201 -CV- 0000536 -2012 Joel Miranda, Melissa Miranda Participant List Plaintiff(s) - Penn Waste, Inc. < ry ' PO Box 3066 C- 85 Brickyard Road -off York', PA. 17402 Defendant(s) - � —0 CO Joel Miranda c'; 5505 Moreland Court C W A Apartment 4 7� Mechanicsburg, PA 17055 Melissa Miranda 3 Fox Chase Drive Harrisburg, PA 17111 I ' t MDJS 315 Page 2 of 2 -. Printed: 04/18/2013 10:26:07AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW PENN WASTE, INC., No. I ,, , ;as C D lU l I Plaintiff V S. , JOEL MIRANDA and MELISSA , MIRANDA, OA 1 ,, ( �� , Defendant C:T. 1'1 \i� r me( . � p PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 <W TO THE PROTHONOTARY: Please issue writ of execution in the above - captioned matter: cn D po o (1) Directed to the Sheriff of Cumberland County, Pennsylvania C - (2) Against Joel Miranda and Melissa Miranda, Defendants D to ° � 3 And against { g � ,Garnishee; (4) And index this Writ: a. Against Joel Miranda and Melissa Miranda, Defendants b. Against , Garnishee, as a lis pendens against the real property of the Defendants in the name of the Garnishee as follows: Please levy all personal property of Defendants of resalable value. Please also levy all vehicles. (5) . Amount due $327.26 Interest from 11/05/12 —4/12/13 8.61 Attorney Fee 125.00 Total $460.87 Date: 23- ) 3 v John N. Elliott, Esq. a� 7P� B �r �c Ream, Carr, Markey & Woloshin LLP Q t I r 119 E. Market Street ? d 9F York, PA 17401 �— ' ' 717- 843 -8968 S "p� I p. � Ct. No. 82818 D LC._. WRIT OF EXECUTION and /or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13 -2286 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PENN WASTE, INC. Plaintiff (s) From JOEL MIRANDA AND MELISSA MIRANDA, 5505 MORELAND CT., APT. 4, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell PLEASE LEVY ALL PERSONAL PROPERTY OF DEFENDANT OF RESALABLE VALUE. PLEASE ALSO LEVY ALL VEHICLES. (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 $ 327.76 Plaintiff Paid $59.75 Interest FROM 11/05/12 - 4/12/13 - $8.61 Attorney's Comm. % Law Library $.50 Attorney Paid $ Due Prothonotary $2.25 Other Costs $125.00 - ATTORNEY FEE Date: 4/25/13 ' David D. Buell, Proth notary (,Sea 1) By: - Deputy REQUESTING PARTY: Name: JOHN N. ELLIOTT, ESQUIRE Address: REAM, CARR, MARKEY &WOLOSHIN LLP 119 E. MARKET STREET YORK, PA 17401 Attorney for: PLAINTIFF Telephone: 717 - 843 -8968 Supreme Court ID No. 82818 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson -('rt'ICE r; Sheriff i HE PIR0THGJNC1 TA, r t 2013 t�!gg V at���!, ,i oaf i�Gc;rytx� W 1 '" I T 7- ,3 Jody S Smith Chief Deputy Richard W Stewart ` '>. + CUMB£RLAW COBTY Solicitor OM CE�r TPE E_RIrr P E N N S Y VA M A Penn Waste, Inc. Case Number vs. 2013-2286 Joel Miranda (et al.) SHERIFF'S RETURN OF SERVICE 05/01/2013 03:53 PM- Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 1, 2013 at 1553 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Joel Miranda, by making known unto Amanda Wilson, adult in charge, at 239 Sleepy Hollow Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Upon serving the writ of execution, Ms. Wilson paid $ 592.42 to Deputy Gutshall. 05/02/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Melissa Miranda, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Levy as"Not Served"at 3 Fox Chase Drive, Harrisburg, PA 17111. Defendant Melissa Miranda called in to the office and advised she was now living in Dauphin County and provided me with a good address. Ms. Miranda also provided me with a new address for Joel. 05/03/2013 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $71.30 (PAID BY DEFENDANT) SO ANSWERS, May 03, 2013 RbNW R ANDERSON, SHERIFF (c)countySuito Sheriff,Toleosoft,Inc. s DISTRIBUTION PLAINTIFF Penn Waste,Inc. WRIT NO. 2013-2286 Penn Waste, Inc. Vs Joel Miranda and Melissa Miranda Real Debt $ 327.76 Interest 8.61 Attorney's Comm. Writ Costs, Atty Writ Costs,Pltf£ 59.75 Miscellaneous Attorneys Fees 125.00 TOTAL $ 521.12 Sheriff's Costs Docketing $ 18.00 Poundage 6.55 Law Library .50 Prothonotary 2.25 Service Mileage 11.30 Postage 2.70 Advertising Garnishee Postpone Sale Bad Check Charge Surcharge 30.00 Not Found Return TOTAL $ 71.30 Defendant Paid to Sheriff $ 592.42 Advance Costs 150.00 Total Collected $ 742.42 DISTRIBUTION Pd. To Pltf .. $ 521.12 Refund of Adv. Costs 150.00 Sheriff's Costs 71.30 So Answers: R. Anderson riff B 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN WASTE, INC., No. 2013-2286 Plaintiff VS. JOEL MIRANDA and MELISSA MIRANDA, Defendants PRAECIPE TO SATISFY TO THE PROTHONOTARY: Please mark the above-captioned case and judgment settled and satisfied. REAM, CARR, MARKEY & WOLOSHIN, LLP Date: ° l By: Sohn N. Elliott, Esq. 119 E. Market Street York, PA 17401 Phone: 717-843-8968 Fax: 717-846-4999 Sup. Ct. I.D. 82818