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HomeMy WebLinkAbout05-1941 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH C. ANTHONY, Plaintiff CIVIL ACTION - LAW v. No. 2005 - /1"1 I ~. ~ (L T -0000009-04) DEB MILLER & TIM BERNHINSEL, Defendants PRAECIPE TO ENTER JUDGMENT To Prothonotary: Pursuant to the Notice of Judgment/Transcript attached hereto, please enter judgment in favor of the Plaintiff, Kenneth C. Anthony, against Defendants, Deb Miller and Tim Bernhinsel, in the above-captioned matter in the amount of$2,291.81 plus interest at the legal rate of interest. Respectfully su mitted, A YLEY & WHARE Dated: April 15, 2005 ~ Attorneys for Plaintiff 8 .-;:...1 C) -.--\ !:; :;'1:.1 ('. ~. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUllBBRLARD 09-3-03 NOTICE OF JUDGMENTfTRANSCRIPT PLAINTIFF RESIDENTIAL LEASE r;' NAME and ADDRESS f ABTIIOIIY, J[BlOIIBTB C 77 KOUll'l'A:IJII STUET :RBA:R KT. ROLLY SPR:IJIIGS, PA 17065 L ~ VS. Mag. Dist. No MDJ Name: Hon. SUSAlII' J[. DAY Add"" 229 K:ILL ST, BOX 167 KT. ROLLY SPR:IJIIGS, PA T,I'phoo, (717) 486-7672 17065 DEFENDANT: NAME and ADDRESS IJuLLER, DBB Ii: BBlUlR:IJIISBL, 'UK, BT j, 211B CBBSTJIIUT ST lIT. ROLLY SPR:IBGS, PA 17065 L TDl BBRlI1B:IJIISBL, DBI'. 2 211B CBBSTJIIUT ST lIT. BOLLY SPR:IJIIGS, PA 17065 Docket No.: LT-0000009-04 Date Filed: 1/08/04 ~ 1& THIS IS TO NOTIFY YOU THAT: Judgment: I'OR PLAJ:III'.rJ:1'1' [!J Judgment was entered for: (Name) ABTIIOJllYlr1nnl1lTB Judgment was entered against K:ILLER, DBB Ii: BBRJIIB:IJIISBL, T:IK in a [i] LandlordlTenant action in the amount af1$ 2.291. as on 1/21/04 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 375.00. The total amount of the Security Deposit is $ .00 Total Amount EstabliShed by MDJ Less. Security Deposit ApQlied = Adjudicated Amount Rent in Arrears $ 2,180.00-$ .00 '" $. 2,180.00 Physical Damages Leasehold Property $ . 00 - $ . 00 $ . 00 Damages/Unjust Detention $ _ 00 - $ _ 00 - $ _ 00 Less Amt Due Defendant from Cross Complaint $ _ 00 Interest (if provided by lease) $ 00 LIT Judgment Amount $ 2.180 _ 00 Judgment Costs $ 111. 88 Attomey Fees $ _ 00 Total Judgment $ 2,291.88 Post Judgment Credits $ Post Judgment Costs $_ Certified Judgment Total $ o Possession granted if money judgment is nOI sallSlleu uy lime 01 eVICllon. o Possession not granted. 0 Defendants are jointly and severally liable. Attachment Prohibited/ 42 Pa.C.S. S 8127 o o [!] This case dismissed without prejudice. Possession granted. 2,291.88 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 COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. 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. IF A PARTY WISHES TO APPEAL ONLY 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 JUDGMENTffRANSCRIPT 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 ANO 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 MAGlsTEAIALmSTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.. . . Date Mv commission expires first Monday of January, 2010. AO(:>C 315A-05 , Magisterial District Judge e JU gment. , Magisterial District Judge SEAL ~ C) ""'-.l ,-~- C:;:) ':;; ~ c.r, .:t',t. "'-)-J :=;J U) -:::, ~_h. ..,,- .t.- - fi? T hi::IJ r. '-'~Ii-n ~r;D :_),L _:i_,_~' .:..1, ?,~-:'/ n1 THIS IS TO NOTIFY YOU THAT: Judgment: POll. PLAJ:JII'1'XPF [!] Judgment was entered for: (Name) ABTBOlllYxmnmTB Judgment was entered against KJ:LLBIt, DEB Ii: BBUlBJ:lIISBL, TDI in a [iI LandlordlTenant action in the amount of $ 2,291.88 on 1/21/04 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 375.00. The total amount of the Security Deposit is $ .00 Total Amount Established by MDJ Less. Security Deposit Apr;!lied = Adjudicated Amount Rent in Arrears $ 2,180.00-$ .00 = $. 2,180.00 Physical Damages Leasehold Property $ .00 - $ .00 $ .00 Damages/Unjust Detention $ 00 $ .00 $ .00 Less A~ Defendant from Cross Complaint.<::. $ .00 /) Interest (if provided by lease)/ / $ _ 00 UTJudgmentAmount ",,:7$- 2,180.00 Judgment Costs .)) $ _ 111.88 Attorney Fees 1 $ _ 00 Total Judgment $ 2 , 291. 88 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ y Ime 0 eVlc Ion. o Defendants are jointly and verally liable. / (';' IN AN ACTION INVOLVING A <E~TIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUD~NT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE E RY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLE , CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDE S, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RE T ACTUALLY IN ARREARS ON THE DATE THE APPEALlS FILED. IF A PARTY WISHES TO APPEA ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF E RY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF C ON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APP MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTrrRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE P!IOVI 0 IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER UDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FU ER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATI FACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PA YS IN FULL, SETILES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. .. .. .coMMONWEALTH OF PENNSYLVANIA COUNTY OF: CtlXBBIlLAlIlD Mag. Disl. No.: 09-3-03 MDJ Name: Hon Address: SUSAlII 1[. DAY 229 KXLL ST, BOX 167 lIT. BOLLY SPItJ:lIIGS, PA Te"phooe (717) 486-7672 17065 DBB KJ:LLBIt, DBP. 1 211B CBBSTlIIUT ST lIT. BOLLY SPllXlIIGS, \ .. PA 17065 o o ~ Attachment Prohibited/ 42 Pa.C.S. S 8127 ..- B /r-...-/ 1/'-)) This case dismissed wit~9!! prejujlij;.e.?v ,J P . d (..' "d (1- ossesslon grante . ", 1 (~ Possession granted if ~iUdgment is no sa IS Ie 'I Possession not granted. ' Mv commission expires first Monday of January, 2010. AO'PC315A-05 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF: RESIDENTI~~E~o~A~~~ IUrrBOlllY, ItBIIlIIBTB C I 77 KOUBTA:IlII STllBBT llBAIl lIT. BOLLY SPIt:IlIIGS, PA 17065 L ~ VS. DEFENDANT: NAME and ADDRESS 'lULLBll, DBB Ii: BBUlBJ:lIISBL, TJ:K, BT 1iI. 211B CBBSTlIIUT ST 1l'1'. BOLLY SPll:IlIIGS, PA 17065 L ~ .~~ Docket No.: LT-0000009-04 Date Filed: 1/08/04 2.291.88 ~~ , Magisteriai Distr JUdge'~ e JU gment. , Magisterial District Judge SEAL ~ ~ ~ C'\ ~ ..-- ~ w ......... (' --1\ ).J ~ ~ \~ ...!\ " C' ~ 0 C::;J -n CJt --f :r-... :::C..." -....-, ,,1;::-: :;;y :;=;23 - c.L U1 (_=.~(.~ " >; ~.~ "'-'.o:rn _C- ~~ KENNETH C. ANTHONY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 2005-1941 CIVIL ACTION - LAW DEB MILLER AND TIM BERNHINSEL, Defendants PETITION TO GARNISH DEFENDANTS' WAGES AND NOW, comes Kenneth C. Anthony, Plaintiff, by and through his attorney, James I. Nelson, Esquire, and in support of his Petition to Garnish Defendants' Wages states the following: I. Kenneth C. Anthony, Plaintiff, filed an action with District Judge Susan K. Day on January 8, 2004, to collect past due rent. 2. Judgment was entered against Deb Miller and Tim Bernhinsel, the Defendants, on January 21,2004. 3. Judgment was in the amount of $2,291.88. 4. To date, Defendants have not satisfied this judgment. 5. Defendants have not made any payments toward satisfying this judgment. 6. Defendants have not contacted Plaintiff to arrange for payments to be made. Wherefore, Plaintiff respectfully requests this Honorable Court to garnish the wages of Defendant at the maximum allowable amount until the full amount due and owing is paid. Respectfully Submitted, AYLEY &WHARE Date: 4- /1:01 O~ KENNETH C. ANTHONY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2005-1941 CIVIL ACTION - LAW DEB MILLER AND TIM BERNHINSEL, Defendants CERTIFICATE OF SERVICE I, James I. Nelson, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the aforementioned document upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Deb Miller Tim Bernhinsel 21lB Chestnut Street Mt. Holly Springs, PA 17065 Respectfully S bmitted, ROMINGER, A YLEY & WHARE Date: '1_ z.s - 01; lson; Esquire 155 Sout nover Street carusre: P A 17013 (717) 241-6070 Supreme Court I.D. # 91144 Attorney for the Plaintiff ('" () -n :'^,,) c" ~.~1 I', r",) ,~l ~'-";' RECEIVED APR 272005:1 j KENNETH C. ANTHONY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2005-1941 CIVIL ACTION - LAW DEB MILLER AND TIM BERNHINSEL, Defendants ORDER OF COURT AND NOW, this .l6~ day of Ar~'1 , 2005, upon consideration of the foregoing petition, it is hereby ordered that (I) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within twenty (20) days of service upon the respondent; (3) the petition shall be decided under Pa.R.C.PNo. 206.7; (4) notice of the entry ofthis order shall be provided to all parties by the petitioner. J 9 S : II!!V 82 HdV sonz Al:I\flO:+Ji L.OdJ 3Hl :JO 3::;ld:!O-03ll:J