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Home My WebLink About13-3551 13 - 3S51 Cwt/ • COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case f. Mag. Dist. No: MDJ- 09 -2 -02 Gilbert & Lavonne Goodyear MDJ Name: Honorable Jessica Brewbaker V Address: 18 North Hanover Street, Suite 106 Kimberly Foulk Business Central Building .w 4elRru OR) V`e Carlisle, PA 17013 01 0e 0S 4&-1 ,10,f Telephone: 717-240-6564 Gilbert & Lavonne Goodyear Docket No: MJ- 09202 -CV- 0000024 -2013 7 Cedar Court East Case Filed: 2/7/2013 Carlisle, PA 17015 Disposition Summary Docket No Plaintiff Defendant # °` Disposition Disposition Date MJ- 09202 -CV- 0000024 -2013 Gilbert & Lavonne Goodyear Kimberly Foulk Judgment for Plaintiff 03/13/2013 Judgment Summary =s Participant Joint/Several Liability Individual Liability Amount Gilbert & Lavonne Goodyear $0.00 $0.00 $0.00 Kimberly Foulk $0.00 $1,087.93 $1,087.93 Judgment Detail ( *Post Judgment) In the matter of Gilbert & Lavonne Goodyear vs. Kimberly Foulk on 3/13/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amoun Civil Judgment $0.00 $972.43 $972.43 Costs $0.00 $115.50 $115.50 Grand Total: $1,087.93 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 JUDGMENTITRANSCRIPT 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. `' Date gisterial District Judge Jessica Brewbaker certify that this is a true and correct copy of the r cor o t e procee rags con imng the 1u gment. XNVAIASNUd F Date giste I District Judge rr 3HI -40 MDJS 315 f%r� Page 1 of 2 R Printed: 03/13/2013 2:14:15PM Opinion: Gilbert & Lavonne Goodyear v Kimb Foulk The testimony and the exhibits provided at the hearing on March 12, 2013 indicate that Kimberly Foulk had rented an apartment from Gilbert and Lavonne Goodyear. At the time of rental, she paid a security deposit of $400.00, with a lease to conclude at the end of June, 2009. The lease was renewed several times, with Ms. Foulk leaving the apartment for good on January 5, 2013. The Goodyears provided a detailed explanation for their deductions from the security deposit, and for other expenses owed, the total of which far exceeded the security deposit. While Ms. Foulk disputed some items, she generally agreed that she had left trash and a mess in the apartment, had not paid January rent, and had used an air conditioner that damaged the walls. In reviewing the entire list, as well as the testimony and other evidence produced in Court, the Court is going to award to the plaintiffs all that they requested, with the exception of cost of the advertisement to rent the apartment and the cost of sending certified mail, both of which are normal, usual costs of being a landlord (rather than the fault of the tenant). Judgment is therefore awarded for the plaintiff in the amount of $972.43 plus filing fees, for a total amount of $1087.93. It is so ORDERED. \A {ir Y� (Seal) Jessica E. Brewbaker Date: �t�j1� Magisterial District Judge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECC(&WIPE FOR WRIT OF EXECUTION / ❑Confessed Judgment 4 Pl intiff ,�ther j' VS. File No. 13SS`` Fou -� ,t Amount Due ��QC9�r g� / , 7 /- Defendant Interest Address: 3_ Exmw J ael Atty's Comm Costs i 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) n OJ //3edee� 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 garnishee(s). ❑ (Indicate) Index this writ against the garnishee (s) as a lis pendens a amst real estate of the defendant(s) described in the attached exhibit. ) Date Signature: Print Name: L'f3A_1 lAf Address: -7 / k e;;Jz L o2 per� �� , f /-� �a i 70 is IVINVAUSNN3 Attorney for: ,/ � AINN 00183 =13 Telephone: �� 7 7 �p_ 1 3 1 � Supreme Court ID No: ,a. w.r. y WRIT OF EXECUTION and /or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13 -3551 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Gilbert & Lavonne Goodyear Plaintiff (s) From Kimberly Foulk 35 Brian Drive Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell 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 garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(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 $1,087.93 Plaintiff Paid $59.75 Interest Attorney's Comm. % Law Library $ Attorney Paid $ Due Prothonotary $2.25 Other Costs $ Date: JUNE 18, 2013 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: Lavonne Goodyear Address: 7 Cedar Ct. East Carlisle, PA 1.7015 Attorney for: Telephone: 717 - 448 -9435 Supreme Court ID No. SHERIFF'S OFFICE ro.).FrCUMBERLAND COUNTY Ronny R Anderson Sheriff 3- Jody S Smith ' Chief Deputy 30 a s�1 j Richard W Stewart Solicitor OP e„ ..F T-'5� RWa a f Lavonne Goodyear vs. Case Number Kimberly Foulk 2013-3551 SHERIFF'S RETURN OF SERVICE 09/16/2013 09:35 PM-Ryan Burgett, Deputy, being duly sworn according to law, states that on September 16, 2013 at 9:35 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: Kimberly Foulk at 1154 Petersburg Road, South Middleton Township, Boiling Springs, PA 17007, informed Defendant of contents of same and levied upon personal property as directed. Defendant then took the deputies to Carlisle Rent A Space at 906 Newville Road, Unit#59 to allow them to levy upon items in the storage unit. Postcard and copy of levy mailed to plaintiff and letter mailed to defendant on September 17, 2013. 10130/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $124.18 SO ANSWERS, October 30, 2013 R-ONW R ANDERSON, SHERIFF 9? 7'(0 s 4, DISTRIBUTION PLAINTIFF Gilbert& Lavonne Goodyear WRIT NO. 2013-3551 Gilbert& Lavonne Goodyear Vs Kimberly Foulk Real Debt $ 1,087.93 Interest Attorney's Comm. Writ Costs, Atty 59.75 Writ Costs, Pltff. Miscellaneous Attorneys Fees TOTAL $ 1,147.68 Sheriff's Costs Docketing $ 18.00 Poundage 21.75 Law Library Prothonotary 2.25 Service Mileage 20.34 Postage 1.84 Advertising Garnishee Postpone Sale Bad Check Charge Surcharge 20.00 Levy 40.00 TOTAL $ 124.18 Remitter Paid to Sheriff $ 1,271.86 Advance Costs 150.00 Total Collected $ 1,421.86 DISTRIBUTION Pd. To Pltf£ $ 1,147.68 Refund of Adv. Costs 150.00 Sheriff's Costs 124.18 So An ers: R. Anderson riff B