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Home My WebLink About13-2528 MAI Kimberly A. Bonner, Esquire Supreme Court I.D. #89705 �;�P RL AND ` James, Smith, Dietterick & Connelly, LLP EP . V�'NI�t PO Box 650 N Hershey, PA 17033 (717) 533 -3280 (717) 533 -2795 Attorneys for Plaintiff JACK A. FROMM, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA JOHN STOVER, DEFENDANT CIVIL ACTION — LAW PRAECIPE TO THE PROTHONOTARY: KINDLY ENTER JUDGMENT in favor of the Plaintiff and against the Defendant, John Stover, in the amount of $3,349.00, plus interest at the legal rate of 6% from January 3, 2013, the date of the district justice judgment and costs of suit, pursuant to the judgment granted by District Justice Richard S. Dougherty. I hereby certify that no appeal has been made. JAMES, SMITH, D TTERICK & CONNELLY, LLP By: KiMbeftg A. Bonner, Esquire DATE: May 7, 2013 29o/o 40* 13 -; 5)8 �r �l 7"e� C f'MM&INWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript C�UNTY OF CUMBERLAND >> Residential Lease Mag. Dist. No: MDJ- 09 -1 -03 Jack A Fromm MDJ Name: Honorable Richard S. Dougherty V Address: 98 South Enola Drive, Suite 1 John Stover Enola, PA 17025 Telephone: 717 - 728 -2805 Jack A Fromm Docket No: MJ- 0910341SMV00M7-2(3112 P.O. Box 4 Case Filed: 12/12/201 co 702 East Simpson Street �'� F°- Mechanicsburg, PA 17055 cnr'" - � ` C �+C Disposition Details c Grant possession. No Grant possession if money judgment is not satisfied by the time of eviction. Yes Disposition Summary Docket No Pl aintiff Defendant Disposition Disposition Date MJ- 09103 -LT- 0000137 -2012 Jack A Fromm John Stover Judgment for Plaintiff 01/03/2013 Judgment Summary _. _.... __- __..._..._._....._.._...- _._..._.._ ._ -_ _.__._ . _,......_..�.._.._...�..._...�_ Participant Joint /Several Liability Individual Liability Amount Jack A Fromm $0.00 $0.00 $0.00 John Stover $0.00 $3,349.00 $3,349.00 __.._. _.___...._ Judgment Detail _ ( ,_ *Post Judgment) In the matter of Jack A Fromm vs. John Stover on 1/03/2013 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $900.00 Judgment Component Joint /Several Liability Individual Liability Deposit Applied Amount Filing Fees $0.00 $139.00 $139.00 Rent in Arrears $0.00 $3,095.00 $3,095.00 Costs $0.00 $115.00 $115.00 Grand Total: $3,349.00 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. 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. MDJS 315A Page 1 of 3 Printed: 04/25/2013 12:34:36PM wr Jack A Fromm Docket No.: MJ- 09103 -LT- 0000137 -2012 V. John Stover Date Magi rial District Ju ge and S. Dougherty certify that this is a true and correct copy of the record of the proceedings ntaining the to t. APR 252013 .y Al Date agi a istri t Judge Y MDJS 315A Page 2 of 3 Printed: 04/25/2013 12:34:36PM JACK A. FROMM, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. . 13 JOHN STOVER, DEFENDANT CIVIL ACTION — LAW TO: JOHN STOVER, DEFENDANT You are hereby notified that on May 7, 2013, judgment has. been entered against you in the above - captioned case in the amount $3,3Q.00, interest at legal rate of six (6 %) percent, plus costs of suit.; L 7 DATE: May 7, 2013 Prothonotary hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: John Stover 510 Bedford Court Mechanicsburg, PA 17050 TO: JOHN STOVER, DEFENDANT Por este medio se le esta notificando que el May 7, 2013, el siguiente Fallo ha sido antode en contra suya en el case mecianado en el epigrafe. FECHA: May 7, 2013 Prothonotario Certifico que la siguiente direction es la del defendido /a segun indicada en el certificado de residencia: John Stover 510 Bedford Court Mechanicsburg, PA 17050 JACK A..FROMM, IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY,. PENNSYLVANIA V. NO. JOHN STOVER, DEFENDANT CIVIL ACTION — LAW CERTIFICATE OF RESIDENCE 1 hereby certify that the addresses of the parties in the above- captioned action are as follows: Jack A. Fromm 702 E. Simpson Street Mechanicsburg, PA 17050 Plaintiff John Stover 510 Bedford Court Mechanicsburg, PA 17050 Defendant J ES, ITH, DIETTERICK & CONNELLY, LLP BY: enise L Foster, Paralegal THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY._ PENNSYLVANIA - CIVIL DIVISION Jack A. Fromm, File No. Plaintiff Amount Due $3,349.00 Interest at legal rate of 6% from 1/3/2013 - @ $.55 per day c- ,-, cz V. Attorney's Comm., �. Costs John Stover, Defendant x 3, TO THE PROTHONOTARY OF THE SAID COURT:' Y 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. PREACIPE FOR EXECUTION Issue write of attachment to the Sheriff of CUMBERLAND 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 description; supply four copies of lengthy personalty list) LEVY ON ALL PERSONAL PROPERTY, INCLUDING FURNITURE, APPLIANCES, TELEVISIONS, VCR'S, DVD PLAYERS, ENTERTAINMENT EQUIPMENT, JEWELRY, COMPUTERS, ETC., LOCATED AT: 510 BEDFORD COURT, MECHANICSBURG, PA 17050 and all other property for the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pe s against real estate of the defendant(s) described in the attached exhibit. DATE: May 7, 2013 Signature: Print Name: Kimberly A. Bo ner, Esquire (d C/ James, Smith, Dietterick & Connelly, LLP Address: PO Box 650, Hershey, PA 17033 j 2S Telephone: (717) 533 -3280 Pd/ A Supreme Court I.D #89705 C Attorney for Plaintiff C#7 �� /17 WRIT OF EXECUTION and /or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2013 -2528 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JACK A. FROMM Plaintiff (s) From JOHN STOVER- 510 BEDFORD COURT MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL PERSONAL PROPERTY, INCLUDING FURNITURE, APPLIANCES, TELEVISIONS, VCR'S, DVD PLAYERS, ENTERTAINMENT EQUIPMENT, JEWELRY, COMPUTERS, ETC., LOCATED AT: 510 BEDFORD COURT MECHANICSBURG, PA 17050 (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 fi•om 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 $3,349.00 Plaintiff Paid $ Interest at legal rate of 6% from 1/3/2013 - @ $.55 per day Attorney's Comm. % Law Library $.50 Attorney Paid $59.75 Due Prothonotary $2.25 Other Costs $ Date: 5/7/2013 David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name . KIMBERLY A BONNER, ESQ. Address: JAMES, SMITH, DIETTERICK & CONNELLY, LLP PO BOX 650, HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717 -533 -3280 Supreme Court ID No. 89705 SHERIFF'S OFFICE OF CUMBERLAND COUNTY , R Anderson i '{ t Jdy S Smith Chief Deputy Richard W Stewart Solicitor � f I �° S r fII; Jack A Fromm Case Number vs. John Stover 2013-2528 SHERIFF'S RETURN OF SERVICE 05/22/2013 07:01 PM - Noah Cline, Deputy , being duly sworn according to law, states that on May 22, 2013 at 7:01 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: John Stover at 510 Bedford Court, Hampden Township, Mechanicsburg, PA 17050, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on May 24, 2013. 06/20/2013 Sheriffs sale scheduled for July 11, 013 at 3:00 p.m. 06/28/2013 08:01 PM - Deputy Tim Black, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located at 510 Bedford Court, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 10/07/2013 Sheriffs sale scheduled for October 23, 2013 at 3:00 p.m. 10/09/2013 07:34 PM - Deputy Brian Grzyboski, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located at 510 Bedford Court, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 10/23/2013 Property sale scheduled to be held this date; defendant was found to have moved. Plaintiffs representative, Denise Foster, requesting we file criminal charges for moving under levy. Deputy Kinsler to file charges. 01/08/2014 Preliminary hearing scheduled for defendant this date. Criminal charges withdrawn at request of plaintiffs representative; payment arrangement worked out. 01/08/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED. SHERIFF COST: $146.58 SO ANSWERS, January 08, 2014 RONN R ANDERSON, SHERIFF ,rte+ 2 06 30 y