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HomeMy WebLinkAbout13-3657 13 -36 S7 Cl)l COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ- 09 -2 -01 Dan Morton MDJ Name: Honorable Paul M Fegley V. Address: 2260 Spring Road, Suite 3 Robert Bonsall Carlisle, PA 17013 Telephone: 717- 218 -5250 Dan Morton Docket No: MJ- 09201 -LT- 0000043 -2012 6483 Carlisle Pike Case Filed: 7/2/2012 Mechanicsburg, PA 17055 r c_.. zM= ' -:- Di sposition Details 3> 'o __-_ Grant possession. T Yes Grant possession if money judgment is not satisfied by the time of eviction. No A •• Disposition Summary " Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09201 -LT- 0000043 -2012 Dan Morton Robert Bonsall Judgment for Plaintiff 07/17/2012 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Dan Morton $0.00 $0.00 $0.00 Robert Bonsall $0.00 $7,885.69 $7,885.69 Judgment Detail (*Post Judgment) In the matter of Dan Morton vs. Robert Bonsall on 7/17/2012 the judgment was awarded as follows: Judament Component JoinVSeveral Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $7,589.20 $7,589.20 Filing Fees $0.00 $171.83 $171.83 Filing Fees $0.00 $124.66 $124.66 Grand Total: $7,885.69 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: 02/01/2013 9:42:55AM Dan Morton Docket No.: MJ- 09201 -LT- 0000043 -2012 V. Robert Bonsall r l Date Magisterial District Judge Paul M Fegley certify that this is a true and correct copy o ty ord o the proceedings containing the judgment. Date Ma isterial Dis 'ct Judge 3/ asp d' C e- MDJS 315A Page 2 of 3 Printed: 02/01/2013 9:42:55AM Dan Morton Docket No.: MJ- 09201 -LT- 0000043 -2012 V. Robert Bonsall Participant List Plaintiff(s) Dan Morton 6483 Carlisle Pike Mechanicsburg, PA 17055 Defendant(s) Robert Bonsall 671 Willow Grove Road Carlisle, PA 17015 MDJS 315A Page 3 of 3 Printed: 02/01/2013 9:42:55AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Oa M ❑ Confessed Judgment Plaintiff ❑ Other / _ % CI'die VS. File No. /3 36 5 Amount Due 3. 7 ?'`S Defendant Interest Address: Atty's Comm ` Qrk ‘C4-, Costs -CtrGs le AG. F k6! 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 CLL., vv\ I er 1 County, for debt, interest and costs, upon the following described property of the defendant (s) -033 zrn Ay\ v ccv.& Ass--s "< Tic., PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, inter and costs, as above, directing attachment against the above -named garnishee(s) for the following propef (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). E (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 Cf a Y -/ y Signature: � -------__ Print Name: L.,w; t T. More Sr . Address: C..cl S3 Ccsr1:314, A/6.e Mel c_.s loo r J , p . 17OS© .28.5-co Pal r /,f' s s ��� SQ- ris Pel P CaIi 0.3cVQ3C/ Attomey for: Telephone: 'i I-7-. 746 - G (,o / Supreme Court ID No: �a.�s'J7ve THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.cepa.net Dan Morton Vs. NO 13 -3657 Civil Term CIVIL ACTION — LAW Robert Bonsall 616 W. Louther Street Carlisle, PA 17013 WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against Robert Bonsall Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; Any and all assets. (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. (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. 1 Amount Due $7,885.69 Interest Attorney's Comm. % Attorney Paid Date: 4/24/2014 REQUESTING PARTY: Name : Daniel J. Morton, Sr. Address: 6483 Carlisle Pike Mechanicsburg, PA 17050 Attorney for: Pro Se Telephone: 717- 796 -6601 Supreme Court ID No. Plaintiff Paid $59.75 Law Library Due Prothonotary $2.25 Other Costs fPxAs_OL 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 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ;=[�' O F i C Qk55119 Of. c I l i'� `f'�r1y Ujr THE E P R O I H O N Q I f 1 j" ( . P,. 2014 AUG -6 AM 1Gt 21 CUMBERLAND COUNTY PENNSYLVANIA OFFICE OF Tt!E SPERIF Daniel James Morton, Sr vs. Case Number Robert Bonsall 2013-3657 SHERIFF'S RETURN OF SERVICE 05/21/2014 08:02 PM - Dawn Kell, Deputy , being duly sworn according to law, states that on May 21, 2014 at 8:02 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: Robert Bonsall at 616 W Louther Street, Carlisle Borough, Carlisle, PA 17013, 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 22, 2014. 07/17/2014 Sheriffs sale scheduled for August 4, 2014 at 3:00 p.m. 07/18/2014 09:50 AM - Deputy Christopher Sharpe, 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 616 W Louther Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 08/01/2014 Defendant entered into Chapter 7 bankruptcy this date; case number 1:14-bk-03586. 08/05/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED. Defendant entered into Chapter 7 bankruptcy 08-01-14; case number 1:14-bk-03586. SHERIFF COST: $103.28 SO ANSWERS, August 05, 2014 RONNY R ANDERSON, SHERIFF .,.2pal , Cep AG n .36f14,1/ (Cj vountySuite Sheriff, Veleosoft, Inc. Al. -01-2014 FRI 03:35 PM BOS, TIN, PICC & ALF. ,0 2 FAX NO. 717 236 9316 P. 03 United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing Dar4,ii• A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 7 of the United States Bankruptcy Code, entered on 08/01/2014 lit 3:34 PM and filed on 08/01/2014. Robert E Bonsai!, .1)- 616 W. Louther Street Carlisle, PA 17013 SSN 1T1N: xxx-xx-1962 The case was filed by the debtor's attorney: Timothy L. Czekaj Czekaj Law Office 315 North Front Street Tian isburg, PA 17101 717-236-9377 The case was assigned case number 1:14-bk-03586. In moflt instances, the filing of the bankruptcy case automatically stays certain collection and other action:; against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penali:ted. Consult a lawyer to determine your rights in this case. To view the bankruptcy petition and other documents filed in this case, please visit the following Internet link: http://ecfpamb.uscourts.gov/ You must first register at this mob site: http://pacer.psc.uscourts.gov/ There is no registration fee. However, the Judicial Conference of the United States has established a fee for access to information in PACER. All registered users will be charged as follows: Use of the PACER system will generate a .10 per page charge, and Audio files of court hearings retrieved via PACER will generate a 2.40 per file charge. Public access computer terminals arc also available at the Clerk's Office's two locations, 9:00 am to 4:00 pm, M -F (closed on all federal holidays): Max Rosenn US Courthouse, 197 South Main Street, Wilkes-Barre, PA 18701 and Ronald Reagan Federal Building and Courthouse, 228 Walnut Street, Harrisburg, PA 17101. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. Terrence S. Miller Clerk, U.S. Bankruptcy Court