HomeMy WebLinkAbout13-3630 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript
COUNTY OF CUMBERLAND W1 ,1_1 Residential Lease
Mag. Dist. No: MDJ- 09 -3 -05 Donald Steele
MDJ Name: Honorable Donald Franklin Howell V.
Address: 507 North York Street Michael Delli, Susan Delli
Mechanicsburg, PA 17055
Telephone: 717 - 766 -4575 ri
Donald Steele Docket No: MJ- 093011 00004 -TdZ
5153 Kylock Rd I -
Mechanicsburg, PA 17055 Case Filed: 7/11/201 N;
D .._. C)
C C.)
Disposition Details
Grant possession. Yes
Grant possession if money judgment is not satisfied by the time of eviction. No
Disposition Summary
Docket No Plaintiff Defendant Disposition Disposition Date
MJ- 09305 -LT- 0000104 -2012 Donald Steele Michael Delli Judgment for Plaintiff 07/18/2012
MJ- 09305 -LT- 0000104 -2012 Donald Steele Susan Delli Judgment for Plaintiff 07/18/2012
Judgment Summary
Participant Joint /Several Liability Individual Liability Amount
Donald Steele $0.00 $0.00 $0.00
Michael Delli $4,510.67 $0.00 $4,510.67
Susan Delli $4,510.67 $0.00 $4,510.67
Judgment Detail ( * PostJudgment)
In the matter of Donald Steele vs. Michael Delli; Susan Delli on 7/18/2012 the judgment was awarded as follows:
The amount of rent per month, as established by the Magisterial District Judge, is $725.00
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Filing Fees $145.67 $0.00 $145.67
Rent in Arrears $4,365.00 $0.00 $4,365.00
Grand Total: $4,510.67
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. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF
ANY. IWORDER 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: 07/18/2012 3:25:42PM
.X w
Donald Steele Docket No.: MJ- 09305 -LT- 0000104 -2012
V.
Michael Delli, Susan Delli
Y
Date Magisterial District Judge Donald Franklin Howell
certify that t is is a true an correct copy of the recor o t e - Proceedings containing the to gment.
Date ' District Judge
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MDJS 315A Page 2 of 3 Printed: 07/18/2012 3:25:42PM
Donald Steele Docket No.: MJ- 09305 -LT- 0000104 -2012
V.
Michael Delli, Susan Delli
Participant List
Plaintiff(s)
Donald Steele
5153 Kylock Rd
Mechanicsburg, PA 17055
Defendant(s)
Michael Delli
429 S York Street
Mechanicsburg, PA 17055
Susan Delli
429 S.York Street
Mechanicsburg, PA 17055
MDJS 315A Page 3 of 3 Printed: 07/18/2012 3:25:42PM
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
/,, r CIVIL DIVISION
p"' 444.1 (u"t te�c� 4/� , ECIPE FOR WRIT OF EXECUTION
MDC Judgment Recovery ❑ Confessed Judgment
Plaintiff •❑✓ Other
VS. •File No. 13-3630
Michael & Susan Delli
Amount Due 4,510.67
Defendant .•
Interest 6% from 7/18/2012 -present
Address: Atty's Comm -.x.,
429 S. York Rd Mechanicsburg, PA 17055 .•
Costs :z ri3
cni—
The undersigned hereby certifies that the below does not arise out of a retail instffiment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriateoriiin'al
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974–as
amended.
TO THE PROTHONOTARY OF THE SAID COURT:
.a,
CTS
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)
Defendants Michael & Susan Delli are believed to bank at Members 1st Federal Credit Union. I wish to levy on any
and all accounts with their names on it. 255 S Spring Garden St Carlisle, PA 17013
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 pendens against real estate of the
defendant(s) described in the attached exhibit.
Signature: e39 -
Print Name:
Michael Carducci
$.19, pv ?t sL Address: PO BOX 102
Cos"f_Gt Mt Holly Springs, PA 17065
9. SU - • i 1. 6 Attorney for:
?G 4.7 S -- « " Telephone: 717-609-0178
Supreme Court ID No:
42.1.5 Qd .
•
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
MICHAEL CARDUCCI D/B/A
MDC JUDGMENT RECOVERY
Vs. NO 2013-03630 Civil Term
CIVIL ACTION — LAW
MICHAEL & SUSAN DELLI
429 S YORK ROAD
MECHANICSBURG, PA 17055
WRIT OF EXECUTION
(Pa R.C.P. 3252)
TO THE SHERIFF OF COUNTY:
To satisfy the judgment, interest and costs against MICHAEL & SUSAN DELLI 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, DEFENDANTS MICHAEL & SUSAN DELLI ARE BELIEVED TO
BANK AT MEMBERS 1ST FEDERAL CREDIT UNION. I WISH TO LEVY ON ANY AND ALL
ACCOUNTS WITH THEIR NAMES ON IT. 225 S SPRING GARDEN ST., CARLISLE, PA 17013
(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
1
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.
(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 $4,510.67
Interest 6% FROM 7/18/2012 - PRESENT
Attorney's Comm. %
Attorney Paid
Date: JANUARY 16, 2015
1,
REQUE5TINCi PARTY:.
Name : MICHAEL'CARDUCCI
Address: P.O.BOX 102
MT. HOLLY SPRINGS, PA 17065
Attorney for:
Telephone: 717-609-0178
Supreme Court ID No.
Plaintiff Paid $69.75
Law Library
Due Prothonotary $2.25
Other Costs
David D. Buell, Prothonotary
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
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Donald Steele
5153 Kylock Rd
Mechanicsburg, PA 17055
Plaintiff In Pro Per
1 JAN 15 PH 12: 53
CUMBERLAND COUNTY
PENNSYLVANIA
Cumberland County Courthouse
Donald Steele, )
)
Plaintiff,
)
vs. )
Michael & Susan Delli, ))
)
Defendants )
Case No.: 13-3630
ACKNOWLEDGMENT OF ASSIGNMENT
OF JUDGMENT
COMES NOW, Donald Steele, Plaintiff in the within matter and hereby provides the following
in support of an ASSIGNMENT OF JUDGMENT:
1) THAT judgment was entered by this court on or about 7/18/2012.
2) THAT Plaintiff Donald Steele was awarded against Defendants Michael & Susan Delli
the sum of $4,510.67.
3) THAT there have been no renewals since the entry of said judgment by this court and tha
Plaintiff Donald Steele has received $0.00 of judgment from Defendants Michael &
Susan Delli.
4) THAT Donald Steele of 5153 Kylock Rd Mechanicsburg, PA 17055 is the judgment
creditor of record.
5) THAT the last address of record for the judgment debtor is 429 S. York Rd
Mechanicsburg, PA 17055.
6) THAT I hereby transfer irrevocably, without recourse, and assign all title, right, and
interest in the within judgment to the following person:
Michael Carducci (7 5 cC
D/B/A MDC Judgment Recovery G4.6
l
PO BOX 102ieffr
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Mount Holly Springs, PA 17065
717-609-0178
7) THAT I hereby authorize Assignee, Michael Carducci D/B/A MDC Judgment Recovery,
to recovery, compromise, settle and enforce said judgment and I withdraw all right and
claim to same.
Signed this 67- day of JAN a / , 2015at and PA.
Dal • Steele
AFFIDAVIT
Commonwealth of PENNSYLVANIA
County of CUMBERLAND
Before me, the undersigned notary public, this day, personally appeared
aiu D S 7-1" CL
of 5/53 A./ k 0,; Opi2( IsTurio.c- hLo- ) u /PA 13 i< GA/09 CooltiT')
I 79 SS
To me known, who being duly sworn according to law, deposes the following:
katAJLEp614i-ii, r or 14-5 511‘ / 4. 7- 6r Ap‘imckr
(SF 4-ri-4e
Subscribed and sworn to before me this (0 day
of
, 20 IC.
Notary Public
MMONWEALTH
NOTARIAL SEAL
JILL WEIGH, Notary Public
Hampden Twp., Cumberland County
My Commission Expires February 12, 2017
(Signature of Affiant)