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HomeMy WebLinkAbout14-6788 COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-3-03 Ziegler& Sons HVAC, LLC MDJ Name: Honorable Susan K. Day V. Address: 229 Mill Street Matthew J Farina P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Ziegler&Sons HVAC, LLC Docket No: MJ-09303-LT-0000035-2014 c/o Mirelle Associates Inc. Case Filed: 5/29/2014 P.O. Box 537 Bainbridge, PA 17502 Disposition Details Grant possession. No Grant possession if money judgment is not satisfied by the time of eviction. Yes Disposition Summary (cc-cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09303-LT-0000035-2014 Ziegler&Sons HVAC, LLC Matthew J Farina Judgment for Plaintiff 06/12/2014 Judgment Summary __ ... _.._ .. Participant Joint/Several Liability Individual Liability Amount Matthew J Farina $0.00 $1,400.85 $1,400.85 Ziegler&Sons HVAC, LLC $0.00 $0.00 $0.00 Judgment Finding (*PostJudgment) In the matter of Ziegler & Sons HVAC, LLC vs. Matthew J Farina on MJ-09303-LT-0000035-2014, on 6/12/2014 the judgment was awarded as follows: The amount of rent per month,as established by the Magisterial District Judge,is$270.00 Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Filing Fees $0.00 $98.50 $98.50 Server Fees $0.00 $23.30 $23.30 Rent in Arrears $0.00 $1,279.05 $1,279.05 Grand Total: $1,400.85 Portion of judgment for physical damages arising out of residential lease: $0.00 3/,�S rpa[ 1v�TT Mcg �rm CD �> CD p rU MDJS 315A Page 1 of 3 Printed: 11/21/2014 8:31:06AM Ziegler& Sons HVAC, LLC Docket No.: MJ-09303-LT-0000035-2014 V. Matthew J Farina 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. Date ��vlll M isterial istrict Judge Susan K.Day certify that this is a true and correct copy of the record of the procee rags ontaining t lu gment. � -1 Date agisterial District Judge MDJS 315A Page 2 of 3 Printed: 11/21/2014 8:31:06AM Ziegler&Sons HVAC, LLC Docket No.: MJ-09303-LT-0000035-2014 V. Matthew J Farina Participant List Plaintiff(s) Ziegler&Sons HVAC, LLC c/o Mirelle Associates Inc. P.O. Box 537 Bainbridge, PA 17502 Defendant(s) Matthew J Farina 15 Park St Mt Holly Springs, PA 17065 MDJS 315A Page 3 of 3 Printed: 11/21/2014 8:31:06AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ��Lc� -: NsfU�C ��� ❑Confessed Judgment Plaintiff ❑Other VS. File No. J�F,74P Amount Due �4/00,5j_ K� I Defendant Interest Address: Atty's Comm tx� Costs n-...) --- ; '7G _L 733 <CJ � TO THE PROTHONOTARY OF THE SAID COURT: c� y CTM tU CD, i The undersigned hereby certifies that the below does not arise out of a retail installment sale, Z- ;s 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 oil 8FO A ap County,for debt, interest and costs,upon the following described property of the defendant(s) YNNUFOC-6M zIDc4-Irb 47 jai /f) �p� �ZU6s 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) 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 real estate of the defendant(s)described in the attached exhibit. Date l //—�/ Signature: --7�--�y}'J�yj �jj� 2$, '!oo p �� Print Name: r� Address: P.a G)C g3 *S9• +7s'^�p � �� _PA, b7r> . Attorney for: Telephone: 71 67-6, Supreme Court ID No: �•2S- 1�ve �o, �#= 9'6 C IJ(f�� � oT �K �sSue•a� Of CV '• e THE COURT OF COMMON PLEAS z 0 ' CUMBERLAND COUNTY PA o DAVID D. BUELL,PROTHONOTARY One Courthouse Square• Suite 100 • Carlisle,PA • 17013 1750 (717)240-6195 www.ccpa.net Ziegler&Sons HVAC,LLC Vs. NO 14-6788 Civil Term CIVIL ACTION—LAW Matthew J.Farina 15 Park Street Mount Holly Springs,PA 17065-1733 WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment,interest and costs against Matthew J.Farina Defendant(s) (1) you are directed to levy upon the property of the defendant(s)and to sell the defendant(s)interest therein; manufactured home located at 15 Park Street,Mount Holly Springs,PA 17065. (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 $1,400.85 Plaintiff Paid $59.75 Interest Law Library Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid Other Costs Date: 11/21/14 David D.Buell,Prot onotary (Seal) By: Deputy REQUESTING PARTY: Name : Jam6s F.Brandt,Pro Se Address: P.O.Box 83 Rheems,PA 17570 Attorney for: Telephone: 717-367-6322 Supreme Court ID No. 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