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HomeMy WebLinkAbout02-2848PRAECIPE TO TRANSMIT JUDGMEI MICKEY C. SHULER : COURT OF : CUMBERI. V. : DOCKET MICHELE OPONSKI : TO THE PROTHONOTARY: Please transmit and file the attached Judgment from the Honoral: Respectfully submitted, DA'r.D: 44, , 159142 JOHNSON, DUFFLE, STE~i By: COMMON PLEAS OF ~,ND COUNTY O. LT-0000141-02 Charles A. Clement, Jr. ~ART & WEIDNER Richard W. ~t~y~rt/' Attorney I.DI No. lt8039 Mark C. Duffle Attorney I.DI No. 75906 301 Market~treet P. O. Box lC~9 Lemoyne, P~A 17043-0109 (717) 761-4540 Attorneys fol Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMB~ Mag. Dist. No.: 09-1-01 DJ Name: Hon. CHARLES A. CLENI~'NT, ,.TR. Address: 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE NEW CUMBE~, PA T.I.phone: (717) 774-5989 17070 MICKEY C. SHULER 332 BELLE VISTA DR MARYSVILLE, PA 17053 THIS IS TO NOTIFY YOU THAT: Judgment: ~"] Judgment was entered for: FOR PLAINTIFF (Name) SHULER, MrCK~Y C Judgment was entered against OPONSKI, MICHELLE F-~ Landlord/Tenant action in the amount of $ .00 on 3/11/02 The amount of rent per month, as established by the District Justice, is $ The total amount of the Security Deposit is $ o 00 NOTICE OF P'^ NT FF: RESIDENTIAL LEASE NAME and ADDRESS USHULER, MI('.KEY C 332 BELLE VISTA DR ~YSVILLE' PA 17053 / VS. DEFENDANT: ! NAME and ADDRESS [-OPONSKI, M/CHELLE 950 ORCHAP. T AVE LOT 5 ~a.~Mp HILL, PA 17011 Docket No.: LT- 00001,~1-02 Date Filed: /28/02 in a (Date of Judgment) .00. Total Amount~ Established by DJ° 0[~ess-U sSecurity Dep Rent in Arrears -- Physical Damages LeasehOld Property ,~. .00 $ Damages/Unjust Detention $ .0 0 -- $ JUDGMENT/TRANSCRIPT ~--] Attachment Prohibited/ Victim of Abuse (Act 5, 1996) F--] This case dismissed without prejudice. F-~ Possession granted. ~-] Possession granted if money judgment F'--] Possession not granted. Less Amt Due Defendant from Cross ( Interest (if provided L/T Judgment Am( Judgment Costs Attorney Fees Total Judgment Post Judgment Cr, Post Judgment Cos Certified Judgmer not satlstled Dy time et eviction. ~---] Defendants are )Sit A.p~l~d : Adjudicated Amo,ul~b = $ - .00 = $ .00 .00 = $ _00 ;omplaint - $ .00 by lease) $ . oo Jnt $ . O0 $ .oo $ $ .oo :lits $ ts $ 90. O0 Total $ 90. O0 Date: Time: Levy is stayed for '+'"'~ or i1~ '~,'em[ ,, o,,=,,,=H Objection to Levy has been filed and hearing will be held: Place: IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THI OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INcLuDE AN APPEAL OF ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTAF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS Fit'EI IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESI 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WI~ COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. ointly and severally liable. A JUDGMENTFOR POSSESSION WITHIN : PROTHONOTARY/CLERK OF COURTS THE MONEY JuDC~MENT, IF ANY. IN ¥~CLERK OF COURTS THE LESSER OF :)ENTIAL LEASE, THE PARTY HAS H THE PRoTHoNOTARY/CLERK OF IPT FORM WITH THE NOTICE OF APPEAL. , District Justice qe judgment. I , District JusticeJ THE PARTY FILING AN APPEAL MI,~T I~ICLUD~ A CJ;~oY O,F~TF, HiS NO'I~JUD~MENT/TRANSCF NAR 11 200 ate I ce~ify that this is a true and ~r~ct copy~t th~¢r~ the~ontaining ! 4,16,02 Date ~n~,~?ssion expires first Monday of January, 2008. ~ , SEAL PRAECIPE FOR WR.FF OF EXECUT]~ON~ (A~ONEY -~U .P,R..C.P. ~IOI ~o ~149 Etc. Pl~utiff Michel le Opc~ski, IN THE OOURT OF COM CL~V~E~ WH, No ...... .. ............. Amoum due ............ interest f~m ................................. Att'y% COm. .................................. Cos,, ............... $ ....................... DG~ENTS) WON PLEAS OF PENNSYLVANIA ..... Term, 19 ...... ..... Term0 19 ...... .9..o=.0_0_ ..... : .... .. Dcfendan! (s) and ....... O~n~ce (,), inflows: ($p~c]ficallr I all contents L, Cumberland zed by Rule 3103(b}, ~ shcriff of the cou~¥ Lhe wrlt. lssusnce, ts dcslre8 as s o~ ~ur~e Jn %hat To tho Pro~onota~7 of sa~cl Court: ISSUE WRST OF EXECLrrION IN THE ABOVE M~ (2) .~.st Michelle ~nski .......................................................................... Dct~da~ (s~; ' : {~) and a~;a,t ._z ....... : .................................................... (~) ag~n~: .... r ..................... r ................................ ~ a ~ ~n~s ~last ~e re~ pmp~ty or the defend~n~ (s) ~. the ~ame oldie Oan,;shee (s) d~cn%e pmpe~) ' ~ u~n ~d ~ell ~e ~bile h~ of the ~f~d~t ~ ~e~of l~t~ at ~t 5, 950 Or~ A~nue, C~t~ Hil Co~ty, P~sylv~. .~t~o~), for PJa~n~ NOTE Under parz~ph (~) when ~e writ Is directed lo ~e shet~ ol ano~ ~e counly ~ould be ~d~cate~ er co~Ly as au~ot Un~er Rule 3103(c) a Writ ~et on a trams/erred Ju dfement may ~ directed only [o th I~ ~h[ch lssue~. Pa~g~ph C3) a~ove should be comp]~ed ontr Il, u amed g~rnishee Jz to be ~c]udet Paragraph (4) (a) should ~ completed only It Index ng o[ ~e e~ecut[on J~h~rJ[ed.~Y RuI~_al0~Ca). ~en the writ Issues Lo another coun:~ ,n~ .In t~e counly · ,' ,~ . ... . . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO0212848 Civil COUNTY OF CUMBERLAND) CIVIL ACTION ~- LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due MICKEY C SHULER 332 BI ;LLE VISTA DR, MRAYSVILLE, PA 17053 PLANTIFF(S) From MICHELE OPONSKI 950 ORCHARD AVE LOT 5, CAMP HILI (i) You are directed to levy upon the property of the defendant(s) and to sell THE MOBILE HOME OF THE DEFENDANT AND ALL CONTEl LOCATED AT LOT 5, 950 ORCHARD AVENUE, CAMP HILL, C1 PENNA. (2) (2) You are also directed to attach the property of the defendant(s) not levied apon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the ga ~ishee(s) is/are enjoined from paying any debt to or for the account of the defendant (s) and from deliver ing 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 ~ bund in the possession of anyone other than a named garnishee, you are directed to notify him/her that ~e/she has been added as garnishee and is enjoined as above stated, a Amount Due: Interest Atty's Corem Atty Paid $31.75 Plaintiff Paid Date: JUNE 12, 2002 REQUESTING PARTY: Name: RICHARD W. STEWART, ESQ MARK C. DUFFIE, ESQ Address: 301 MARKET STREET, p. O. BOX 109 LEMOYNE, PA 17043-0109 Attorney for: PLFF Telephone (717) 761-4540 Supreme Court ID No. 18039, 75906 L.L.$0.50 Due Prothy $1.00 Other Costs Certifi~ CURTIS R. LONG Prothonotary, Civil Divi~ By: ~.,,~,~ f~ )~q. ., PA 17011 LEVY UPON AND SELL tTS THEREOF YMBERLAND COUNTY, Judgnent Total $90.00 O07316-O0007/6.4.021RWSIKLT/158929.1 MICKEY C. SHULER, Plaintiff Vo MICHELLE OPONSKI, Defendant MOTION FOR SPECIAL ORDER DIRECTI METHOD OF SERVICE PURSUANT TO Pa.R.( Plaintiff, Mickey C. Shuler by his attorneys, Johnson, Duffle, Stewart & W Court to direct service of Writ of Execution and Notice of Sheriff's Sale by postir home of the Defendant located at Lot 5,950 Orchard Avenue, Camp Hill, Pennsylw copy of Notice of Sheriff's Sale and Writ of Execution to the Defendant at her last Avenue, Camp Hill, Pennsylvania 17011, and in support thereof sets forth the follow 1. The Plaintiff obtained a judgment against the Defendant in Magist Judgment to the above captioned term and number. 2. Defendant advised the Plaintiff that she was moving to Florida but ] 3. The Plaintiff has attempted to determine the whereabouts of Dele after a thorough investigation, the Plaintiff has been unable to ascertain the present fully set forth in the Affidavits which is attached hereto as Exhibit A and is made a 1 IN THE COURT OF COMMON PLEAS OF 41 s, JUDICIA~ DISTRICT OF PENNSYLVANIA CUMBE~LAND COUNTY BRANCH NO 0,2-,~qr? CIVIL ACTION - LAW NG :.P. 430 :idner, hereby moves your Honorable a copy of the Notice on the mobile tia and by mailing by certified mail a known address of Lot 5, 950 Omhard ing: real District 09-1-01 and entered said eR no forwarding address. adant for the purposes of service, but ~hereabouts of the Defendant as more art hereof by reference. 007316-O0007/6.4.02/RWS/KLT/158929.1 WHEREFORE, the Plaintiff moves that your Honorable Court direct that Service of the Notice of Sale and Writ of Execution upon the Defendant, Michelle Oponski, by posting a copy of the same home of the Defendant located at Lot 5, 950 Orchard Avenue, Camp Hill, Lower ~ mailing a copy of the same to the Defendant at her last known address of Lot Pennsylvania 17011, and that serv/ce be complete as of the date of posting of the af{ JOHNSON, DUFFIE, ST on the most public part of the mobile allen Township, Pennsylvania and by 5, 950 Orchard Avenue, Camp Hill, ,resaid mobile home. ~WART & WEIDNER BY: Attorney I.D. NoJ 18039 Mark C. Duffle Attorney I.D. No. Third and Markel Post Office Box Lemoyne, Perms 717-761-4540 Attorneys for PI~ ntiff 75906 Streets 09 lvania 17043 :153340 007316-O0007/6.4.02/RWS/KLT/158929.11 MICKEY C. SHULER, : IN THE CC : 41sT/UDICIAJ Plaintiff : CUMBE : v. : NO : MICHELLE OPONSKI : C : Defendant : AFFIDAVIT Mickey C. Shuler, being duly sworn according to law, deposes and says th 1. He is a resident of 332 Belle Vista Drive, Marysville, Pennsylvan park in which the Defendant Michelle Oponski resided for a period of time. 2. Defendant advised the undersigned that she was moving to Florid mobile home previously occupied by the Defendant has been vacant for months. 3. Defendant has made inquiries of Defendant's relatives but knowledge of her present whereabouts. 4. The undersigned has made an inquiry of postal authorities pursu~ but postal authorities have no address other than the Lot 5,950 Orchard Avenue, ( [IRT OF COMMON PLEAS OF ~ DISTRICT OF PENNSYLVANIA ~LAND COUNTY BRANCH IV1L ACTION - LAW at: a and is the owner of a haobile home but left no forwarding address The he Defendant's relatives have no tt to the Freedom of Information Act, ',amp Hill address for the Defendant. 5. Plaintiff has examined the local telephone directories and State for the Defendant, but there is no other address other than the Lot 5, 950 orch;d ~2Camp I tin address. SWORN TO AND SUBSCRIBED day ,2002. dotor Vehicle records for an address NOTARIAL SEAL DIANNE LENIG, Notary Public Lemoyne Borough Cumberland Co. My Commission Expires Dec. 21,2005 007316-O0007/6.4.02/RWS/KLT/158929.1 MICKEY C. SHULER, Plaintiff MICHELLE OPONSKI, Defendant 1N THE CC 41sT JUDICIA/ CUMBE NO. C ORDER OF COURT AND, NOW, this ti-- day of ~---- within Motion for Service, it is hereby ordered and decreed that the Writ of Execu above captioned matter shall be made upon the Defendant Michelle Oponski by pc public part of the mobile home located at Lot 5, 950 Orchard Avenue, I_ Pennsylvania by mailing a copy by certified mail, return receipt requested to De known address of Lot 5, 950 Orchard Avenue, Camp Hill, Pennsylvania 17011. date of the posting of the property. URT OF COMMON PLEAS OF ~ DISTRICT OF PENNSYLVANIA gLAND COUNTY BRANCH IVIL ACTION - LAW , 2002, upon consideration of the /on, and Notice of Sheriff Sale in the ~sting a copy of the same on the most ~wer Allen Township, Camp Hill, bndant Michelle Oponski at her last Service shall be complete as of the BY THE ~ R. Thomas Kline, Sheriff, who being duly sworn according to law, states that a Sheriff's Sale of personal property was held on July 18, 2002, at which time one 1968 Atwood Mobile Home, Vin. No. 285511091, was sold to Richard Stewart, Esq. for the sum of $1.00, it being the highest bid and best price quoted for the same. Date and Time of Sale, Thursday, July 18, 2002 at 11:00 A.M.E.D.S.T. at 950 Orchard Ave, Lot 5, Camp Hill, PA 17011.This writ is returned STAYED, as per instructions from attorney. Sheriff's Costs: Docketing $ 18.00 Poundage 1.80 Advertising 10.00 Law Library .50 Prothonotary 1.00 Milage 19.32 Cert. Mail 3.99 Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee Post Property 6.00 $100.61 Sworn and Subscribed to before me This ~ i~x day of %,c,~v~ 2002A.D. Q~.~_ ~ ~ prothonotary ' Pd by Defendant So Answers-, . R. Thomas Kline, Sheriff