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HomeMy WebLinkAbout14-1547 L CCtVIMONWEALTH OF PENNSYLVANIA. Notice of Judgment/Transcript COUNTY •CAF YORK ReSICi @tltlai Lease �, .. Mag. Dist. ► +b: MDJ- 19 -2 -04 Claims Recovery Systems MDJ Name: Honorable Jeffrey L. Oberdorf V. Address: 3202 Farmtrail Road Tra vis D Smeltzer` York, PA 17406 Telephone: 717- 767 -5700 Claims Recovery Systems Docket No: MJ- 19204 -LT- 0000439 -2009 1100 Washington Ave, Suite 107 Case Filed: 7/27/2009 PO Box 703 Carnegie, PA 15106 Disposition Details Grant possession. Yes Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary (cc - cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ- 19204 -LT- 0000439 -2009 Claims Recovery Systems Travis D Smeltzer Judgment for Plaintiff 08/06/2009 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Claims Recovery Systems $0.00 $0.00 Travis D Smeltzer $0.00 $1,2551 $1,255.00 Judgment Finding ( "Post Judgment) In the matter of Claims Recovery Systems vs. Travis D Smeltzer on MJ- 19204 -LT- 0000439 -2009, on 8106/2009 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $515.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Costs $0.00 $105.00 $105.00 Rent in Arrears $0.00 $1,150.00 $1,150.00 Grand Total: $1,255.00 Portion of judgment for physical damages arising out of residential lease: $0.00 This.amended,notice.of jugment reflects an assignment of the judgment from original plaintiff /assighor Villagd'- Realty Red Lion,-to - plaintiff /assignee Claims Recovery Systems on'1 V227Z013. -` - - — - -- � 5 • .. - ? MDJS 315A Page 1 of 3 Printed: 01/22/2014 9:48:49AM �,. Claims Recovery Systems Docket No.: MJ- 19204 -LT- 0000439 -2009 V. r . Travis D Smeltzer 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 S E t 'OTHRWISOMPLIE$ WITW THI JUDGMENT: _ - _ _ - �• r. -- Date Mag' a is is Judge certif that this is a true and correct copy of the record of the proceedings containing the lu a t. Date Magist Di r t Judge � i •'i r _. C w�. MDJS 315A Page 2 of 3 Printed: 01/22/2014 9:48:49AM Ti[iVAR 18 AM 1:3:5 CUIVIBE Lt IAO CCl1N T ` AFFIDAVIT OF NO APPEAU-t"1 S`r'L4ANIA U' Case No: District Justice Plaintiff Docket Number: Vs. _ L= Defendant As of �h11�� a District Justice appeal has not been filed in the Court of Common Pleas of dFIC_, _ County in the above captioned matter. y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLAIMS RECOVERY SYSTEMS P.O. BOX 703 CARNEGIE, PA 15106, 1 t) 1 Plaintiff, No. i� VS. TRAVIS SMELTZER 49 CARDINAL DRIVE CARLISLE, PA 17015, Defendant. : ( ) Notice is hereby given that a judgment in the above captioned matter has been entered gain t you in the amount ofd plus costs and fees on ( ) A copy if all documents filed with the Prothonotary in support of the within judgment is /are enclosed. Prothonotary C3 B If you have questions regarding this Notice, please contact the filing party: NAME: KATHR WAKEFIELD, ESQ. ADDRESS: c/o CRS P.O. BOX 703, CARNEGIE, PA 15106 TELEPHONE NO: 1 -800 -21.9 -8603 (This Notice is given in accordance with Pa.R.C.I'. §236) IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA VS. NO. AFFIDAVIT OF NON - MILITARY SERVICE The undersigned, being duly sworn, according to law, deposes and says that the Defendant(s) is /are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; That 'YGY S S , I 141c� �+ 6 �! is over years of age and is employed and resides at `l� wihQl r(�S �'. ���� 5 I, do hereby verify that I am {()'ilpl/ for Plaintiff, that I am fully authorized to make this Verification on their behalf, that the Defendants are unavailable to make this Verification, that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and the source of my information are interviews with my client and the Plaintiffs filed documents. The verifier understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 49b elating to unsworn falsification to authorities. Signe : Dated: 1 f;a e; '- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLA i CIVIL DIVISION co PRAECIPE FOR WRIT OF EXECUTION -M CID Caption: lion: r El Confessed Judgment G Cie6 Vf of l I S J j J Other File No. Amount Due / /�, Interest � d V �- Atty's Comm Costs JO 5 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 Cwn-lCilj- CoFnty, for debt, interest and costs, upon the following described property of the defendant (s) (( (�c a Frig . sA a oj qg Ca O 1 �`�� - qtr , LA 14 0 / 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 garnishees) 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). Ej (Indicate) Index this writ against the garnishee (s) as a lis pendens again ata a of the de n t(s) described in the attached exhibit. Date Signature: S Print Name: Address: c .(� �� S q01 C rF Off aG Attorney for: NO- S N(� �e s� Y e Ns Telephone: (400 - 1) (T — 2603 Supreme Court ID No: e 3 6 WRIT OF EXECUTION and /or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 14 -1547 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CLAIMS RECOVERY SYSTEMS Plaintiff (s) From TRAVIS SMELTZER, 49 CARDINAL DRIVE, CARLISLE, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell PLEASE LEVY ANY AND ALL PERSONAL PROPERTY LOCATED AT 49 CARDINAL DRIVE, CARLISLE, PA 17015 (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 $1,255.00 Plaintiff Paid $59.75 Interest $808.50 Attorney's Comm. % Law Library $.5 Attorney Paid $ Due Prothonotary $2.25 Other Costs $ Date: 3/18/14 David D. Buell, Prothonotary (Seal Deputy REQUESTING PARTY: Name: KATHRYN WAKEFIELD, ESQUIRE Address: CLAIMS RECOVERY SYSTEMS P.O. BOX 703 CARNEGIE, PA 15106 Attorney for: PLAINTIFF Telephone: 1- 800 - 219 -8603 Supreme Court ID No. 85395 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY t+,1' cu+uG,,tf , i P_ €'SRO HOf3 (jF F CC 1'tF TF! SH„R(F.= 10•4 APR 1 PH 2: 40 CUMBERLAND GUS. r T'( PENNSYLVANIA Claims Recovery Systems Inc. Case Number vs. Travis Smeltzer 2014 -1547 SHERIFF'S RETURN OF SERVICE 04/02/2014 03:03 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Elisia Smeltzer, wife, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Travis Smeltzer at 49 Cardinal Drive, South Middleton Township, Carlisle, PA 17015, informed person of contents of same and levied upon personal property as directed. The writ of execution and notice to defendant was mailed on April 3, 2014 to Travis Smeltzer at 49 Cardinal Drive, Carlisle, PA 17015. 04/14/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED. Defendant entered into payment arrangement with plaintiffs attorney. SHERIFF COST: $93.61 SO ANSWERS, April 14, 2014 RONRR ANDERSON, SHERIFF (C) Cour.tySui;e Sheriff, Te:'aosofi, L.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PRAECIPE TO SATISFY JTJiiG4 CLAIMS RECOVERY SYSTEMS, Plaintiff, VS. TRAVIS D. SMELTZER, Defendant. To the Prothonotary: DOCKET NO: 2014-01547 4-- Please satisfy the Judgment in the above-captioned civil action against Defendant, Travis D. Smeltzer. OKIN Date Respectfully submitted: Kathryn akefield, Esquire Pa. I.D. #85395 Attorney for Plaintiff Claims Recovery Systems -P.O. Box 703 Carnegie, pA 15106 1-800-219,8603