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