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HomeMy WebLinkAbout13-3552 13 - .SSz COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ- 09 -3 -02 Kenneth L Lloyd MDJ Name: Honorable Vivian Cohick V. Address: 55 Penn Drive Jason W. Seaux Newville, PA 17241 Telephone: 717- 776 -3187 Kenneth L Lloyd Docket No: MJ- 09302 -LT- 0000020 -2011 1636 Walnut Bottom Case Filed: 7/1/2011 Newville, PA 17241 c L,) V C rM G fTtr— a -v rr- t CA co Disposition Details i := Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No _ rn Jason W. Seaux G,3� Wage attachment is prohibited due to lack of personal service. No - Wage attachment is prohibited under Title 42 Section 8127. No Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ 09302 - LT - 0000020 - 2011 Kenneth L Lloyd Jason W. Seaux Judgment for Plaintiff 07/12/2011 Judgment Summary Joint/Several Liability Individual Liability Amount Participant Jason W. Seaux $0.00 $1,249.33 $1,249.33 Judgment Detail ( *Post Judgment) In the matter of Kenneth L Lloyd vs. Jason W. Seaux on 7/12/2011 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 $750.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Costs $0.00 $120.05 $120.05 Rent in Arrears $0.00 $1,129.28 $1,129.28 Grand Total: $1,249.33 Portion of judment for physical damages arising out of residential lease: $0.00 Amount of judgment subject to attachment 42 PA C.S. 8127: $0.00 MDJS 315A Page 1 of 3 Printed: 07/12/2011 9:33:10AM Kenneth L Lloyd Docket No.: MJ- 09302 -LT- 0000020 -2011 V. Jason W.Seaux 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 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. 90 L Date Magisterial District Judge Vivian Cohick� certify that this is a true an correct copy of the record of the proceedings containing the judgment. �une I �, 02 Date Magisterial District Judge Vi ('r Cohick 1 MDJS 315A Page 2 of 3 Printed: 07/12/2011 9:33:10AM Kenneth L Lloyd Docket No.: MJ- 09302 -LT- 0000020 -2011 v. Jason W.Seaux Participant List Plaintiff(s) Kenneth L Lloyd 1636 Walnut Bottom Newville, PA 17241 Defendant(s) Jason W.Seaux 64 East Main Street Newville, PA 17241 MDJS 315A Page 3 of 3 Printed: 07/12/2011 9:33:10AM OF Ir 2013 JUL 25 Pry 12. 1 CUMBERLAND COUNI' r Kenneth L Lloyd PENNSYLVANIA 1 1636 Walnut Bottom Rd Newville,PA 17241 2 Plaintiff In Pro Per 3 4 Cumberland County Courthouse 5 l 3 3 SS' 6 ) Kenneth L Lloyd, Case No.: MJ-09302-LT-0000020-2011 7 ACKNOWLEDGMENT OF ASSIGNMENT Plaintiff; OF JUDGMENT s vs. Jason Seaux, 10 Defendant 11 id 12 COMES NOW Kenneth L Lloyd, Plaintiff in the within matter and hereby provides the 13 following in support of an ASSIGNMENT OF JUDGMENT: 14 1) THAT judgment was entered by this court on or about 7/12/11. 15 2) THAT Plaintiff Kenneth L Lloyd was awarded against Defendant Jason Seaux the sum of 16 $1,249.33: 17 3) THAT there have been no renewals since the entry of said judgment by this court and tha 1s Plaintiff Kenneth L Lloyd has received$0.00 of judgment from Defendant Jason Seaux. 19 4) THAT Kenneth L Loyd of 1636 Walnut Bottom Rd Newville,PA is the judgment 20 creditor of record. 21 5) THAT the last address of record for the judgment debtor is 64 East Main Street Newville, 22 PA 17241. 23 6) THAT I hereby transfer irrevocably,without recourse, and assign all title, right, and 24 interest in the within judgment to the following person: 25 Michael Carducci 26 G�S� D/B/A MDC Judgment Recovery 27 PO Box 52 Mount Holly Springs,PA 17065 K���y 1 7) THAT I hereby authorize Assignee,Michael Carducci DB/A MDC Judgment Recovery, 2 to recovery, compromise, settle and enforce said judgment and I withdraw all right and 3 claim to same. 4 5 Signed this day of ylld-i`c 6, 20,d at City and State. 6 7 $ enneth L LISyd 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND r"16- A-11, Afi 14- /? $ On this th P Zeh day of l=eraary,2013, before me KaOFrL. Lloyd personally known to me top be the person whose name is subscribed in the within instrument and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal: Vicki S. Knepp, N6GWPublic COMMONWEALTH OF PEININVILVANIA . Notarial seat - K vick iis.Knepp,Notary Public Penn�Twp,,Cumberland County Mv 1,(COMMISSIon ExplreS April 13,2016—I r P, 1111151,'WJ!91'U1#=5%ff0—N tfF iWARIM ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AO C 7- 4 001 f Ai'ctovfl% PRAECIPE FOR WRIT OF EXECUTION PO 606 to . Wo(fy s�P��cyf %',( )7o65- . ❑ Confessed Judgment Plaintiff VS. File No. /3' ?5-.5-a7Q,sBvt SPQu jc F cf , v n S �, wu if( ille t la vJ Address: Amount Due _t 1, 2 Y �, Defendant Interest Atty's Comm Costs - ry -< CD 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) 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) 7ic,pot ?S 1`9e([eV ,ban a'F F'a ( y-,tuSf - Las j cpe-fceCI1 )C Nt(S acC©ret t' . a -d )44 TTK51F 6375 C-Crles le Rive #ecli¢uc`(S:bu' pl.,/ I705's 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 against real estate of the defendant(s) described in the attached exhibit. Date p /y j 2,0 (yt Signature: 41-1,00 c G( (4 ccL 5 61. �SPPF� Print Name: 1l'cLur eI ('di?CcZ Address: ' /ea gc X /&. 66( /40/ly i:o/r'w;xr" /7i9 Attorney for: Telephone: 7( 7- 60 9'`c' l'T9 Supreme Court ID No: 4‘,2_,d, Dae C� THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net MDC Judgment Recovery Vs. Jason Seaux WRIT OF EXECUTION (Pa R.C.P. 3252) NO 13-3552 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF COUNTY: To satisfy the judgment, interest and costs against Jason Seaux, 64 E. Main St., Newville, PA 17241 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 GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that Jason is believed to bank at F&M Trust. 1 wish to attach to this account. F&M Trust, 6375 Carlisle Pike, Mechanicsburg, PA 17055 (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 fi-om 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. 1 (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $1,249.33 Plaintiff Paid sq.'' Interest 6% from 7/12/2011 to present Law Library Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid Other Costs Date: 08/07/14 David D. Buell, Prothonotary B CYC44e24 Deputy REQUESTING PARTY: Name : Michael Carducci Address: PO Bax 102, Mt. Holly Springs, PA 17065 Attorney for: Telephone: 717-609-0178 Supreme Court ID No, MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW I. S300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 231 Pa. Code Rule 3253. Interrogatories in attachment. Pcuusytvani2 Page 1 of 4 rt PREVIOUS • NEXT - CHAPTER • TITLE • BROWSE* SEARCH •`ROME: x: -roc• artSwevS 4b Rule 3253. Interrogatories in attachment. c'c KO. /3- 3S'sa r Interrogatories of the plaintiff to the garnishee shall be substantially in the follow i] form: (Caption) #tJ C Tcco oKf eeco vPI9 Interrogatories to Garnishee To J d`Trust Bol k : (Garnishee) gas On :_cam --4 1-C CD You are required to file answers to the following interrogatories within twenty (aysz after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the defendant ci any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason?1e, defendant- has c checyjnA ACccC w Trus}-. Lcsk- ac+imy or the aeCol,JI- (^ra$ Jct' aoly. The ta&e_ I's 1.77. 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 and one or more other persons any property of any nature owned solely or in part by the defendant? KZ (a C7),CD -n 3. At the 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 or in which the defendant held or claimed any interest? IQ 0 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? U0 5. At any time before or after you were served did the defendant 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 therefore? tiS C� 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? j 0 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or http://www.pacode.com/secure/data/231/chapter3000/s3253.html 8/7/2014 it ' 231 Pa. Code Rule 3253. Interrogatories in attachment. Page 2 of 4 Federal law? If so, identify each account and state the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. 8123? If so, identify each account. ((,� P?aintiff cin& 2C.1'l�a CGU o 11 - l s (eSS --11RThe may set forth additional appropriate interrogator es.) 'U C1.N -Lk 2 ei>C.-e r Cr\ 471-1Y\- Explanatory c fY\-Explanatory Comment Numerous federal and state statutes provide that funds paid to individuals pursuant to the statutes arc exempt from execution, levy and attachment. Perhaps the premier statute in this regard is the Social Security Act which provides, 42 U.S.C. § 407: § 407. Assignment; amendment of section (a) The right of any person to any future payment transferable or assignable, at law or in equity, and n( rights'existing under this title shall be subject to exe garnishment, or other legal process, or to the operati law. Section 407 provides that not only are future payn too are the funds once they have been deposited in t other financial institution. Prior to the present amendments, the Pennsylvania comply with these provisions. The writ of execution unaer Rule sz�� pardgrapll A6), provided that "the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof." The writ contained no exception for funds of the defendant which are exempt from execution. In addition, the defendant was required to claim the exemption by filing a claim under Rule 3123.1. FF TRUST FINANCIAL SOLUTIONS... FROM PEOPLE YOU KNOW Memorial Square Office 20 South Main Street PO Box 6010 Chambersburg, PA 17201 www.fmtrustonline.com' Christie L. Taylor Compliance & Security Support Specialist (717) 261-3681 (717) 264-6116 *fax: (717) 261-3646 christie.tayloref-mtrust.com The present amendments to the execution rules address this problem. Under the amended rules, the judgment creditor rather than the defendant has the burden of raising an issue with respect to exempt payments within the scope of new Rule 3111.1. The defendant need not file a claim for exemption as exempt funds are not attached. The amendments are as follows: 1. New Rule 3111.1 is to be promulgated, explicitly stating that funds of the defendant on deposit in certain accounts with a bank or other financial institution are exempt from execution. Social security payments are not named. Rather, the rule speaks in terms of "funds on deposit in a bank or other financial institution in an account in which 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." http://www.pacode.com/secure/data/231/chapter3000/s3253.html 8/7/2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA dA1 kcze1 (7019 (c, N/34 CIVIL DIVISION Tl(DC Tudderueuf geol.-tory PRAECIPE FOR WRIT OF EXECUTION /0 hot (od 441 /No l) i iVS 170f5 - Plaintiff .'Other Ter;o4 Sea u?e VS. File No. 13. -.?55 . (o tj E AlOrit 514. PCbty ;//et ieA X72 WI ❑ Confessed Judgment Amount Due t 1, of Defendant ,(,/' From 7/40) - Preseiti Address: Atty's Comm 114f-.:# Costs 'Cl3 r 2 PI C mss= =i �? G') "0r:^. air-, o S-- N r-= —4 TO THE PROTHONOTARY OF THE SAID COURT: .< L' 300, o --1A; D c) nc c.: The undersigned hereby certifies that the below does not arise out of a retail inalent,age, (-D{; contract, or account based on a confession of judgment, but if it does, it is based on the approplitdc orifi al 5.2 proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 o 197das icy Interest amended. Issue writ of execution in the above matter to the Sheriff of U 6e►"/a/a County, for debt, interest and costs, upon the following described property of the defendant (s) �4,ty f all ,Der500a) ,1r'opp,siy ` ehr'c($ ct+ 6" ` 6 114"' 4' S, Pewvtile, 1P4 r7 y j PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumtler lllat d 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). Date ❑ (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Signature: ?1 ia/ a1i 4.4 ea - 307'1, Print Name: Address: Attorney for: Telephone: pendens against real estate of the )tf( %ae( Cr,¢RDuccT �o iSoc toot /1-e+. golly 500e1c, m 172C$ ? 17 -C09 -0176D Supreme Court ID No: THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net Michael Carducci d/b/a MDC Judgment Recovery P. O. Box 102 Mt Holly Springs, PA 17065 Vs. NO 13-3552 Civil Term CIVIL ACTION — LAW Jason Seaux 64 E. Main St. Newville, PA 17241 WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against Jason Seaux Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; Any & all personal property including vehicles at 64 E Main St., Newville, PA 17241. (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (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. 1 (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $1,249.33 Plaintiff Paid $69.25 Interest 6% from 7/12/11 - present Law Library Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid Other Costs Date: August 12, 2014 David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name : Michael Carducci Address: P 0 Box 102 Mt Holly Springs, PA 17065 Attorney for: Telephone: 717-609-0178 Supreme Court ID No. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ot Cur 14, cr,,FIC ;r3 TkE PFRIFF THE PROTHONOTAIT 2EIiiOV II P1112:59 CUMBERLAND COUNTY PENNSYLVANIA Michael Carducci d/b/a MDC Judgment Recovery vs. Jason Wymen Seaux Case Number 2013-3552 SHERIFF'S RETURN OF SERVICE 11/13/2014 Deputies made numerous attempts to serve the writ with negative results. Writ has now expired. 11/17/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff. SHERIFF COST: $55.38 SO ANSWERS, November 17, 2014 RONNEY R ANDERSON, SHERIFF 5- ek%92- R--4 3/3 if?/ (c) C;ountySelle Shenff, Teleosoft, Inc.