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HomeMy WebLinkAbout13-5694 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ- 09 -1 -02 Gary Evans MDJ Name: Honorable Elizabeth S. Beckley V. Address: 1901 State Street Thomas H Easter Camp Hill, PA 17011 Telephone: 717- 761 -0583; Gary Evans Docket No: MJ- 091 MLT00aM92- _2013 121 Sunset View Dr Case Filed: 8/9/201 � r ry . I . , New Cumberland, PA 17070 C4 q C). c , r--:Z CD _ f ... : Disposition Details -< • r - Grant possession. No Grant possession if money judgment is not satisfied by the time of eviction. Yes Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09102 -LT- 0000092 -2013 Gary Evans Thomas H Easter Judgment for Plaintiff 08/19/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Gary Evans $0.00 $0.00 $0.00 Thomas H Easter $0.00 $697.76 $697.76 Judgment Detail ( `PostJudgment)'' In the matter of Gary Evans vs. Thomas H Easter on 8/19/2013 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $525.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Filing Fees $0.00 $120.26 $120.26 Rent in Arrears $0.00 $577.50 $577.50 Grand Total: $697.76 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. _145 MDJS 315A Page 1 of 3 Printed: 08/19/2013 9:10:57AM Gary Evans Docket No.: MJ- 09102 -LT- 0000092 -2013 v. Thomas H Easter AUG 9 2013 S ' Date Elizabeth S. Beckley s 7 certify that this is a true and correct copy of the record of the proceedings containin A.. ju gmen r. A4 u ate ag erial D' A - riclkj6W i MDJS 315A Page 2 of 3 Printed: 08/19/2013 9:10:57AM • Gary Evans Docket No.: MJ- 09102 -LT- 0000092 -2013 V Thomas H Easter Participant List Plaintiff(s) Gary Evans 121 Sunset View.Dr New Cumberland, PA 17070 , Defendant(s) Thomas H Easter Wernersville Community Corrections Center 165 Main St Wernersville, PA 19565 MDJS 315A Page 3 of 3 Printed: 08/19/2013 9:10:57AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION f 2 _Y, G G qr;� E cla K c F1 Confessed Judgment G / Plaintiff [R<ther IJpC4ce f No ,. vs. File No./l1 d -- L7'— 0 cia Avpmla Q er Amount Due Defendant Interest Address: 12 (f #42-rmoul 6Wp �L. Atty's Comm _ : Costs �rr7 CA3 X, r — TO THE PROTHONOTARY OF THE SAID COURT:��, The undersigned hereby certifies that the below does not arise out of a retail instaRT t sale, f?': contract, or account based on a confession of judgment, but if it does, it is based on the appropriate`drigia"1 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 !f, �� nt (s County, for debt, interest and costs, upon the following described property f the defenda � ,411 r �r Q PRAECIPE FOR ATTACHMENT EX + CUTIO Issue writ of attachment to the Sheriff of C CC Q 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 c i f the des i 'on; supply four copies of length person ty list) and ��. roperty of the efendan (s h t po s o , custody r contr- I the said garnish (s). G 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 Signature: ✓�--- Print Name: r ig ( S Address: �j��q-1 for( 'r �ct Attorney for: � 2600 Telephone: C' l7 (f r D Supreme Court ID No: WRIT OF EXECUTION and /or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13 -5694 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Gary Evans Plaintiff (s) From Thomas Easter 134 Herman Ave. Lemoyne, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell All property located at above address of defendant Mr. Thomas Easter. Thank You. 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; (2) 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 $697.76 Plaintiff Paid $59.75 Interest Attorney's Comm. % Law Library $ Attorney Paid $ Due Prothonotary $2.25 Other Costs $ Date: 9/30/13 2 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: Gary Evans Address: 121 Sunset View Dr. New Cumberland, PA 17070 Attorney for: Telephone: 717- 460 -8490 Supreme Court ID No. 4 Gary Evans Writ No. 13-5694 Vs Thomas H. Easter SHERIFF'S RETURN AFTER SALE Ronny R Anderson, Sheriff,who being duly sworn according to law, says that due and legal notice having been given according to law,he sold the personal property of Thomas H. Easter, for the sum of$1.00,to Gary Evans, Plaintiff, it being the highest bid and price quoted for the same. Date and Time of sale: November 27, 2013, at 3:00 P.M. at 134 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania. cis Property Sold: -- C/) vi r-- Black queen size bed—mattress &box spring r - c. `' Crt Black TV stand with Glass 2 Sony speakers SET ASIDE FOR$ 300.00 EXEMPTION ' Y p ry c t.; Miscellaneous pots/pans/utensils 9 r' Sony radio SET ASIDE FOR$ 300.00 EXEMPTION r • Black & Decker toaster oven LG DVD player HISENSE flat screen TV Mr. Coffee coffee pot Miscellaneous Tupperware Wooden dresser Floor lamp Miscellaneous cups &bowls Surge protector So Answers, Ronny R. Anderson, Sheriff Sworn and Subscribed to before me this day of DO_Lryikavi 2013 A.D. NOTARIAL SEAL CLAUDIA A.BREWBAKER,NOTARY PUBLIC Carlisle Borg,Cumberland County-c� CL.d �� Notary Public �, My.Cron Expire April 4,2017 SHERIFF ' S SALE By Virtue of a Writ of Execution No. 2013-5694 Issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to me directed, I will expose the following described property at public sale at 134 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043 on WEDNESDAY, NOVEMBER 27, 2013 AT 3:00 O'CLOCK P.M. Prevailing Time,the following described property,to wit: Black queen size bed—mattress&box spring Black TV stand with Glass 2 Sony speakers Miscellaneous pots/pans/utensils Sony radio Black&Decker toaster oven LG DVD player HISENSE flat screen TV Mr. Coffee coffee pot Miscellaneous Tupperware Wooden dresser Floor lamp Miscellaneous cups&bowls Surge protector and all other personal property of defendant(s). Any person claiming any interest in said personal property shall file the same prior to the sale, with the Sheriffs Office. A schedule of distribution will be filed in the Sheriffs Office no later than five (5) days after the date of the sale, and distribution made ten (10) days thereafter unless exceptions are filed with the Sheriffs Office prior thereto. Seized and taken into execution to be sold as the property of THOMAS H EASTER in suit of GARY EVANS and to be sold by me. Attorney for the Plaintiff: RONNY R ANDERSON, Sheriff CUMBERLAND COUNTY, Pennsylvania Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY HE PRO THGNU T,,R n 4t Ctr¢rrLr/��xib OFFICE OF THE SHERIFF 2014 JUN 16 PM 2: 37 CUMBERLAND COUNTY PENNSYLVANIA Gary Evans vs. Thomas H Easter Case Number 2013-5694 SHERIFF'S RETURN OF SERVICE 10/03/2013 05:20 PM - Jason Kinsler, Deputy , being duly sworn according to law, states that on October 03, 2013 at 5:20 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 garnishee, to wit: Gary Evans at 134 Herman Avenue, Lemoyne, PA, informed garnishee of contents of same and levied upon personal property as directed. Writ letter and copy of levy mailed to plaintiff and copy of levy and writ of execution notice letter mailed to defendant on October 4, 2013. 11/08/2013 10:25 PM - Deputy Jason Kinsler, 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 134 Herman Avenue, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County. 11/27/2013 Ronny R Anderson, Sheriff, who being duly sworn according to law, says that due and legal notice having been given according to law, he sold the personal property of Thomas H. Easter, for the sum of $1.00, to Gary Evans, Plaintiff, it being the highest bid and price quoted for the same. Date and Time of sale: November 27, 2013, at 3:00 P.M. at 134 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania. Property Sold: Black queen size bed — mattress & box spring Black TV stand with Glass 2 Sony speakers SET ASIDE FOR $ 300.00 EXEMPTION Miscellaneous pots/pans/utensils Sony radio SET ASIDE FOR $ 300.00 EXEMPTION Black & Decker toaster oven LG DVD player HISENSE flat screen TV Mr. Coffee coffee pot Miscellaneous Tupperware Wooden dresser Floor lamp Miscellaneous cups & bowls Surge protector 06/13/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ since sale held November 27, 2013. SHERIFF COST: $146.50 SO ANSWERS, June 13, 2014 (c) CountySuito Sheriff, Toleosoft. Inc. 92�s'y Ara 3,02.37-