HomeMy WebLinkAbout06-7050'' COMMONWEALTH OF PENNSYLVANIA
VVV/Y1 1 VI
Mag. Dist. No.:
MDJ Name: Hon.
>!~ 1LA~tTIM
Address: 507 ~i YOBE ST
>lLHCHA]fIICSBUZLG,
09-3-05
Telephone: (717) 766-4575
PA
17055
BZL~fIDA BOTTORF
810 SH889~OOD >6tOAD
I{iII~i CUI~gB*_s*~, PA 17070
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINriFF: RESIDENTIAL LEASE
NAME and ADDRESS
rBOTTORF, BB81itDA
810 SHS811POOD GOAD
NSPP CUl~8B7.AND, PA 17070
L J
VS.
DEFENDANT: NAME and ADDRESS
rDATTOLI, VANSSSA ~
4 519 ftOLO CODBT
LOT 140A
L1~CHAI~ICSBII~LG, PA 17055 J
Docket No.: LT-0000368-06 _
Date Filed: 10/16/06 -
~~ QUA .
THIS IS TO NOTIFY YOU THAT:
Judgment: FOH 4LAIHTIFF
Z Judgment was entered for: (Name) BOTTORI~, ~B,PIliD]1
Judgment was entered against _ DATTOLI, ~TA1R888A in a
® Landlord/Tenant action in the amount of $ 1,164.94 on 10/27/06 (Date ofi Judgment)
The amount of rent per month, as established by the Magisterial District Judge, is $ . 00.
The total amount of the Security Deposit is $ `" . 00
Total Amount Established by MDJ Less • Security Deposit Applied =
Rent in Arrears $ 1, y40.94 - $ . 00=
Physical Damages Leasehold Property $ . 00 - $ . 00=
Damages/Unjust Detention $ _ oo - $ _ 00=
Less Amt Due Defendant from Cross Complaint -
Interest (if provided by lease)
L/T Judgment Amount
^ Attachment Prohibited/ Judgment Costs
42 Pa.C.S. § 8127 Attorney Fees
^~ This case dismissed without prejudice.
Possession granted.
^ Possession granted if money judgment
^ Possession not granted.
Total Judgment
$ Adjudicate 040 94
1
$ •00
$ _00
$ _ _ 00
$ 1,040_94
$ 124_00
$ _00
$ 1,164.94
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
^ Defendants are jointly and severally liable.
_ .. _ _. .
- 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 APPEA4.OF THE MONEY JUDGMENT, IF ANY: fN
ORDER TO OBTAIN A SUPERSEDERS, 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 JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE R~1LES 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: EiY'1'~IE MAGISTERIAL DISTRICT JUDGE .
UNLESS'THE 3UDGMENT 1S'~N'f'EtiED'IN'.THE COURT OF COIV~MON PLEAS,-ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTR'P' OF SATISFACTION WITH THE, MAGISTERIAL DISTRICTJUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR~OTIiERW,ISE COMPLIES WITH THE JUDGMENT. a:
~ Date d%G~/ ~ ~ ,Magisterial District Judge
c y at t is is a true an correct py o e recor o t e procee Ings contalnmg t e ~u gment.
~ OV Date ~ ,Magisterial District Jud
1. o~c3om~mission expires first Mon ay of January, 2012. SEAL
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN-A
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: ((~~ _ I
I~I~~UQ. ~~r~ ( )Confessed Judgment
~ U ~er'(,~1 c~c~ ~ a ~ (')Other
~.~-c~ ~ IOer (c~n~~ PA /7v7~: File No. y Co - (SD c7 ~ ~ / ~-~,~
vs. Amount Due `~ ~ , 9~L
Q n eS S 0.~ I ~ Interest
WSJ ~ ~c~~c~ Ca~ : Atty's Comm
~~~l~h ~ CS(p~, /~ / %c~S~ : Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below. does not arise out of a retail installment sal
account based on a confession of Judgment, but if it does, it is based on the appropriate original proceedinm file r
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended, g d
Issue writ of execution in the above matter to the Sheriff of ,,~~~
for debt, interest and Costs, upon the following described roe o~ bP~~ h ~ County,
(1 I I r~ ~.,..~ __ i p p nY the d f d (s)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of
costs, as above, directing attachment against the above-named garnishees forCthe ~ ~ for debt, interest and
estate, supply six copies of the description; supply four copies of lengthy personalty list)lowing property if real
and all other property of the defendant(s) in the possession, custody or control of the said garnishee s ,
O
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real e
defendant(s) described in the attached exhibit. state of the
Date ~ ~ ~ ~ ~ Q /1, Signature:
Print Name:
Address:
Attorne for•
New ~dCr~Li,tid !"~ ~707~
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Telephone: C7~? '~~l_~g~~
Supreme Court ID No.:
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-7050 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Brenda Bottorf Plaintiff (s)
From Vanessa Dattoli, 4519 Rolo Court Lot 140 A, Mechanicsburg, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property
including car .
(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 gamishee(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 $ 1,164.94
Interest
Atty's Comm
Atty Paid
Plaintiff Paid $34.25
Date: December 11, 2006
(Seal)
L.L.
Due Prothy $1.00
Other Costs
D
C s R. Long, otary
By:
Deputy
REQUESTING PARTY:
Name Brenda Bottorf
Address: 810 Sherwood Road
New Cumberland, PA 17070
Attorney for: Pro Se
Telephone: 717-724-1836
Supreme Court ID No.
355 ASSOCIATES,
v.
Plaintiff
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
CONFESSED JUDGMENT
NO. O(. - 7osy ~
~'~~C
RUPP & MEIKLE, P.C.
Defendant
PRAECIPE TO ENTER FINAL JUDGMENT
TO: The Prothonotary of Cumberland County
Kindly enter judgment entered by confession in the Dauphin County Court of Common
Pleas in the amount of $32,586.64, plus post judgment interest and costs of suit, plus reasonable
attorneys' fees to the extent they exceed 10% of all amounts owed under the lease. The original
exemplified record of the docket entries and judgment is attached
Respectfully submitted,
LAW OFFICES OF MARKIAAT R. SLOBODIAN
Markian R. Sld \, Esq.
ID #41075
Andrew R. Eisemann, Esq.
ID #87441
801 North Second Street
Harrisburg, PA 17102
717/232-5180
Counsel for 355 Associates
Dated: ~a o~
~1n ~C~je court of ~Corrrmon ~reag of ~au~~jin ~ountp, ~enn~p[bania
355 Associates
VS. No. 2006-NT-4726-
Rupp &Meikle
355 N 21st St.
Suite 201
Camp Hill, PA 17011
CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT
I, the undersigned Prothonotary of the Court of common Pleas of Dauphin County, Pennsylvania,
do hereby certify that the attached is a full, true and correct copy of the docket entries in the above
captioned case.
I further certify that judgment was entered in favor of Plaintiff, 355 Associates and against
Defendants, Rupp &Meikle on October 13, 2006 in said case in the amount of $32,586.64
~1n ~egtfmonp ~fjereof, I have hereunto set my hand and a fixed the seal oft e (court, on
Monday, December 04, 2006.
..~ ~.. f
Prot
B•
Deputy
JUDGMENT $32586.64
Interest from $
Commission
Attorney Due $3.00
Plaintiff Paid $33.00
Defendant Paid $
Prothy. Due $10.00
This record $20.00
Date: 1211 /2006
Time: 02:13 PM
Page 1 of 2
Filed: 10/13/2006
Dauphin County
Complete Case History
Case: 2006-NT-4726-
355 Associates vs. Rupp 8~ Meikle
Physical File: Y
Comment:
Status History
Pending
Judge History
Date Judge
10/13/2006 No Judge,
Payments
Markian R Slobodian
Exemplified Record
Markian R. Slobodian
Miscellaneous Receipts
Receipt Date
120214 12/1 /2006
Plaintiff
Name: 355 Associates
Address:
Phone: Home:
Employer:
Litigant Type:
Comment:
Attorneys
Slobodian, Markian R.
Defendant
Name: Rupp &Meikle
Address:
Phone: Home:
Employer:
Litigant Type:
Comment:
10/13/2006
Appealed: N
Reason for Removal
Current
User: JMAURER
Receipt Date Type
120214 12/1/2006 Miscellaneous
20.00
116701 10/13/2006 Civil Filing
Exemplified Record
Work:
(Primary attorney)
Work:
Register of Actions
10/13/2006 New Civil Case Filed This Date.
Filing: Complaint with Confession of
Judgment Paid by: Markian R. Slobodian
Receipt number: 0116701 Dated:
10/13/2006 Amount: $33.00 (Check)
Amount
20.00
33.00
Total 53.00
20.00
Sum: 20.00
SSN:
DOB:
Sex:
Send notices: Y
Send Notices
SSN:
DOB:
Sex:
Send notices: Y
No Judge,
No Judge,
Date: 12/1/2006 Dauphin County User: JMAURER
Time: 02:13 PM Complete Case History
Page 2 of 2 Case: 2006-NT-4726-
355 Associates vs. Rupp 8~ Meikle
Register of Actions
10/13/2006 On Complaint filed Judgment in No Judge,
favor of Plaintiff and against Defendant in
the sum of Thirty-two thousand Five
Hundred Eighty-six and 64/100 Dollars
($32,586.64
by virtue of authority contained in the
Warrant of Attorney
filed dated 4127/99
payable installments with interest, costs,
etc. --- for colt'n.
Inquisition and Exemption Waived.
Entered At 1:59 p.m.
Stephen E. Farina, Prothonotary
Plaintiff: 355 Associates Attorney of No Judge,
Record: Markian R. Slobodian
10/19!2006 Certificate of service of the Notice under No Judge,
Rule 2958.1 of Judgment and Execution,
was served upon defendants, filed
10/27/2006 Complaint with Confession of Judgment No Judge,
and Notice: Sheriffs Return filed stating
service was completed. So answers J.R.
Lotwick, Sheriff. 355 Associates Assigned
to Dauphin Co Sheriffs Office Service fee
$46.00 Served 10/27/2006
Judgment
Order date In Favor Of Disposition Judgment
10/13/2006 Plaintiff 10/13/2006 Open Judgment
Comment: 32586.64
Plaintiff: 355 Associates
Defendant: Rupp &Meikle
I hereby certif that the fo~egoin is
true ~i c~corr~ct cop~of tF~ on al 'ted.
Prothonokary/~ler~k of
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355 ASSOCIATES, :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
CONFESSED JUDGMENT
RUPP & MEIKLE, P.C.
Defendant : NO. D(„ .~ ~f~`~ ~~ v~l,
RULE 236 NOTICE OF ENTRY OF TUDGMENT
NOTICE OF DEBTOR'S RIGHTS
TO: Rupp & Meikle, P.C., Defendant
You are hereby notified that on the ~ day of December 2006, Judgment
No. 2006-NT-4726, Dauphin County Court of Common Pleas, was entered against you
in Cumberland County in the sum of Thirty-Two Thousand Five Hundred Eighty-Six
Dollars and 64/100 ($32,586.64) as follows:
a. Unpaid rent due for November 1, 2005 -July 27, 2006 $ 27,594.63
b. Monthly rent for parking for November 1, 2005 -July 27, 2006 $ 532.26
c. Late charges for November 2005 -July 2006 $ 1,437.33
d. HVAC repairs $ 60.00
e. Attorney's fees (in the amount of 10% of all money owed) $ 2,962.42
TOTAL AMOUNT DUE $ 32,586.64*
*Plus interest from date of judgment until Defendant's obligation is satisfied, plus costs of suit,
plus reasonable attorney's fees to the extent they exceed 10% of all amounts owed under the
Lease.
DATE: /~ /~ /b ~
Proth otary
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
-,.
I hereby certify that the name and address of the proper person to receive this Notice
under Pa. R. Civ. 236 is:
Rupp & Meikle, P.C.
355 North 21St Street, Suite 201
Camp Hill, PA 17011
Respectfully submitted,
THE LAW OFFICES of1VIARKIAN R. SLOBODIAN
Markian R.~odian, Esq.
ID #41075
Andrew R. Eisemann
ID #87441
801 North Second Street
Harrisburg, PA 17102
717/232-5180
2
~ w -~
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned SATISFIED.
Sheriffs Costs:
Docketing 18.00
Poundage 23.30
Advertising
Law Library
Prothonotary 1.00
Mileage 8.80
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Garnishee
Bad Check Charge
Postage .78
TOTAL $ 91.88
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0~ ~~ ~ Z { ~~0 900Z
,.,, ,,.
Pd by Defendant
So Answers;
'".~ ~ ~c .
R. Thomas Kline h$ en~`~
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y. Claudia A. Brewbaker
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-7050 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Brenda Bottorf Plaintiff (s)
From Vanessa Dattoii, 4519 Rolo Court Lot 140 A, Mechanicsburg, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property
including car .
(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 $ 1,164.94
Interest
Atty's Comm
Atty Paid
Plaintiff Paid $34.25
Date: December 11, 2006
L.L.
Due Prothy $1.00
Other Costs
Curti .Long, Pr otary /
(Seal)
By:
Deputy
REQUESTING PARTY:
Name Brenda Bottorf
Address: 810 Sherwood Road
New Cumberland, PA 17070
Attorney for: Pro Se
Telephone: 717-724-1836
Supreme Court ID No.
DISTRIBUTION
ATTY FOR PLTFF: Brenda Bottorf
WRIT NO. 2006-7050 Civil
Brenda L.Bottorf
-vs-
Vanessa Dattoli
Real Debt $ 1164.94
Interest
Attorney's Comm.
Writ Costs, Atty
Writ Costs, Pltff. 34.25
Miscellaneous Attorneys Fees
$ 1199.19
Sheriff s Costs:
Docketing $ 18.00
Poundage 23.30
Posting Sale Bills
Law Library
Prothonotary 1.00
Service 8.80
Postage .78
Advertising
Postpone Sale
Bad Check Charge
Surcharge 20.00
Garnishee
Levy 20.00
TOTAL $ 91.88
Defendant Paid to Sheriff $ 1291.07
Advance Costs 150.00
Total Collected $ 1441.07
DISTRIBUTION
Pd. To Pltff. $ 1199.19
Refund of Adv. Costs 150.00
Pd. To Prothonotary 1.00 So Answers:
.r~~+~+aC ~a~;
R. Thomas Kline,
Sheriff