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HomeMy WebLinkAbout13-4358 COMMONWEALTH OF PENNSYLVANIA NOtIC@ Of Judgment/Transcript COUNTY OF CUMBERLAND - R @SICI @ntlal Lease Mag. Dist. No: MDJ- 09 -1 -03 John A Swinn MDJ Name: Honorable Richard S. Dougherty V Address: 98 South Enola Drive, Suite 1 Roscoe S Landis Enola, PA 17025 Telephone: 717-728-2805 John A Swinn Docket No: MJ- 09103 -LT- 0000134 -2012 220 Willow Mill Park Road Case Filed: 12/10/2012 Mechanicsburg, PA 17050 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- 09103 -LT- 0000134 -2012 John A Swinn Roscoe S Landis Judgment for Plaintiff 12/20/2012 _.._....�.,_._..,,.._....�w �.... _.._._......,�..w..._...,_. Participant Joint/Several Liability Individual Liability Amount John A Swinn $0.00 $0.00 $0.00 Roscoe S Landis $0.00 $2,755.50 $2,755.50 j udgment Detail ( "—Poo ._._—__._.._... _w_ _.___ .. _...._...._ ....__... __._.._.. ,. _ ,.._.._.. _..... - _ _....._ .... st Judgment) .__.. In the matter of John A Swinn vs. Roscoe S Landis on 12/20/2012 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $625.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $0.00 $2,585.00 $2,585.00 Filing Fees $0.00 $170.50 $170.50 Grand Total: $2,755.50 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: 12/20/2012 1:17:59PM i John A Swinn Docket No.: MJ- 09103 -LT- 0000134 -2012 v. Roscoe S Landis 2 .. D e M�i�District J ichard S. Vougherty 5 r certi that this is a true an correct copy o the record o the proceedings ontaining the ju ent. APR 17 2013 Date Distr' t `1 j'r _.._ Cam' V3 CD Ci �[ CD i sus 5­6 atl l e W-�-1 eJ MDJS 315A Page 2 of 3 Printed: 12/20/2012 1:17:59PM John A Swinn Docket No.: MJ- 09103 -LT- 0000134 -2012 V. Roscoe S Landis Participant List Plaintiff(s) John A Swinn 220 Willow Mill Park Road Mechanicsburg, PA 17050 Defendant(s) Roscoe S Landis 1135 Biddle Street West Fairview, PA 17025 4 e r pal 17 ° � S MDJS 315A Page 3 of 3 Printed: 12/20/2012 1:17:59PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION 5 3 `� / c LJ 1 ❑ Confessed Judgment rq W C_ -Z - ; DA"► S s 11 r rl C= M y� Plaintiff ❑Other Q ; VS. File No. -•G>_ ct'i 8 i Amount Due 905 C O v S Defendant Interest -- -. Address:/ s o 3as hr(6 Atty's Comm (A) CA (90-25 Costs •"`' 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) �:5• �C,, ,.n 4 /Iv L i✓1tSc PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 6UU1g<,.1e, 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 against re estate of the defendant(s) described in the attached exhibit. Date 7- 2 T" 13 Signature: Print Name: $` OF -U sly �J Address: 22-6 w ((rs Attorney for: Telephone: '70 4 9 - 7 - 2 - 7/ 7 c -J 1 71731Y' Supreme Court ID No: WRIT OF EXECUTION and /or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13 -4358 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JOHN A. SWINN Plaintiff (s) From ROSCOE S. LANDIS, 1300 3 STREET, APT. B, WEST FAIRVIEW, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY, AUTO, MISC. (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 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 $2755.50 Plaintiff Paid $59.75 Interest ir Attorney's Comm. % Law Library Attorney Paid $ Due Prothonotary $2.25 Other Costs $ Date: 07/25/2013 2� u ' David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: JOHN A. SWINN Address: 220 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050 Attorney for: PRO SE Telephone: HOME - 717- 697 -9717 CELL - 717 - 31.9 -5512 Supreme Court ID No. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff t�' THE � FH R'i' 0 �1„' , Jody S Smith , Chief Deputy N 13 SEP 1 Richard W Stewart � .rTpiJ _ Solicitor FF'CE 0rT ”$KR)rr PENNSYLVANIA John Allen Swinn Case Number vs. 2013-4358 Roscoe Samuel Landis SHERIFF'S RETURN OF SERVICE 09/18/2013 08:27 PM- Deputies went to residence; learned from defendant's former girlfriend that the defendant is in Cumberland County prison. That was verified. No levy was done at this time as former girlfriend is in the process of moving and defendant cannot have any contact with her per conditions of incarceration. 09/19/2013 Ronny R.Anderson, Sheriff,who being duly sworn according to law, states this writ is returned STAYED. .Defendant is currently incarcerated in the Cumberland County Prison. SHERIFF COST: $58.81 SO ANSWERS, September 19, 2013 R-ONNW R ANDERSON, SHERIFF 9�5�5 -7 (c)CountySuito Sheriff,Teleosoft,Inc.