Magisterial District Judge

Transcription

1 Magisterial District Judge DOCKET Docket Number: Landlord/Tenant Docket Lolita McIver, Kayla Howard, Justin Johnson, Terrence Morris Jr., Brandon Morris Page 1 of 2 CASE INFORMATION Judge Assigned: Magisterial District Judge Patricia M. File Date: 01/15/2014 Engler Claim Amount: $9, Case Status: Closed Judgment Amount: $8, County: Lehigh Case Calendar Event Type Recovery of Real Property Hearing CALENDAR EVENTS Schedule Start Date Start Time Room Judge Name 2:00 pm Magisterial District Judge Patricia M. Engler Schedule Status Scheduled CASE PARTICIPANTS Participant Type Participant Name Address Defendant McIver, Lolita Defendant Howard, Kayla 2987 Defendant Johnson, Justin Defendant Morris, Terrence Jr. Defendant Morris, Brandon Plaintiff Zavecz, Terrence Alburtis, PA DISPOSITION SUMMARY Docket Number Plaintiff Defendant Disposition Disposition Date Lolita McIver Disposition Date: Monthly Rent: $1, Defendant(s) Lolita McIver; Kayla Howard; Justin Johnson; Terrence Morris Jr.; Brandon Morris Judgment Components: Kayla Howard Justin Johnson Terrence Morris Jr. Brandon Morris Plaintiff(s) CIVIL DISPOSITION / JUDGMENT DETAILS Disposition Joint/Several Liability Individual Liability Net Judgment $8, $0.00 $8, Type Amount Deposit Amount Adjusted Amount *Rent in Arrears $4, $0.00 $4, *Physical Damages to Property $3, $0.00 $3, *Filing Fees $ $0.00 $ * Is Joint/Several MDJS 1200 Printed: 01/31/ :19 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. You should verify that the information is accurate and current by personally consulting the official record reposing in the court wherein the record is maintained.

2 Magisterial District Judge DOCKET Docket Number: Landlord/Tenant Docket Lolita McIver, Kayla Howard, Justin Johnson, Terrence Morris Jr., Brandon Morris Page 2 of 2 Civil Disposition Details: Grant possession. Grant possession if money judgment is not satisfied by the time of eviction. Filed Date 01/15/2014 DOCKET ENTRY INFORMATION Entry Filer Applies To Brandon Morris, Defendant Landlord/Tenant Complaint Filed No Yes Justin Johnson, Defendant Kayla Howard, Defendant Lolita McIver, Defendant Terrence Morris Jr., Defendant Brandon Morris, Defendant Justin Johnson, Defendant Kayla Howard, Defendant Lolita McIver, Defendant Terrence Morris Jr., Defendant Brandon Morris, Defendant Justin Johnson, Defendant Kayla Howard, Defendant Lolita McIver, Defendant Terrence Morris Jr., Defendant MDJS 1200 Page 2 of 2 Printed: 01/31/ :19 pm Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. You should verify that the information is accurate and current by personally consulting the official record reposing in the court wherein the record is maintained.

3 COMMONWEALTH OF PENNSYLVANIA COUNTY OP LEHIGH Notice of Judgment/Transcript Residential Lease Mag. Dist. No: MDJ MDJ Name: Honorable Patricia M. Engler Address: 1201 Sumner Avenue Lolita Mciver, Kayla Howard, Justin Johnson, Terrence Morris Jr., Brandon Morris Telephone: Schlossburg St Alburtis, PA Docket No: MJ L T Case Filed: 1/15/2014 Disposition Details Grant possession. Grant possession jf money judgment is not satisfied by the time of eviction. Disposition Summary (cc - Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ LT Lolita Mciver MJ L T Kayla Howard Justin Johnson MJ L T Terrence Morris Jr Brandon Morris Judgment Summary Participant Joint/Several Liability Individual Liability Amount Brandon Morris $8, $0.00 $8, Justin Johnson $8, $0.00 $8, Kayla Howard $8, $0.00 $ Lolita Mciver $8, $0.00 $8, Terrence Morris Jr. $8, $0.00 $8, $0.00 $0.00 $0.00 Judgment Finding ("'Post Judgment) In the matter of vs. Lolita Mciver; Kayla Howard; Justin Johnson; Terrence Morris Jr.; Brandon Morris on, on 1/28/2014 the judgment was awarded as follows: The amount of rent per month. as established by Ihe Magisterial District Judge. is $ Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Rent in Arrears $4, $0.00 $4, Physical Damages 10 Property $3, $0.00 $3, Filing Fees $ $0.00 $ No Yes Grand Total: $8, Portion of judgment for physical damages arising out of residential lease: $0.00 MDJS 315A Page 1 of 3 Printed: 8:33:26AM

4 Lolita Mciver, Kayla Howard, Justin Johnson, Te rren ce Morri s Jr., Brandon Morris Docket No.: MJ L T 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 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 JUDGMENTITRANSCRIPT 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. JAN 7 B 201~ Date Magisterial District Judge Patricia M. Engler o the proceedings containing the ju gment Date Magisterial District Judge MDJS 31SA Page 2 of 3 Printed: 8:33:26AM

5 Lolita Mciver, Kayla Howard, Justin Johnson, Terrence Morris Jr., Brandon Morris Docket No.: MJ L T Participant List Plaintiff(s) Defendant(s) 65 Schlossburg St Alburtis, PA Kayla Howard Apt Justin Johnson Apt 2 Lolita Mciver Apt 2 Brandon Morris Apt2 Terrence Morris Jr. Apt 2 MDJS 315A Page 3 of 3 Printed: 8: 3 3: 26AM

6 (1) Except as otherwise provided in subparagraph (2L if the magisterial district judge has rendered a judgment arising out of a residential lease that the real property be delivered up to the plaintiff, the plaintiff may after the 10th day but within 120 days following the date of the entry of the judgment, file with the magisterial district judge a request for an order for possession The request shall include a statement of the judgment amount, return and all other matters required by these rules. Oudgment filed 1/28/14 for Apt 2, 6th st) The time limits in which the plaintiff must request an order for possession imposed in subdivision B apply only in cases arising out of residential leases and in no way affect the plaintjff's ability to execute on the money judgment. See Rule 516, Note, and Rule S21A. (to do Feb. 10, 2014) At the time the plaintiff files the request for an order for possession, the magisterial district court should collect server fees for all actions through delivery of possession. Thereafter, if the order for possession is satisfied 48 hours or more prior to a scheduled delivery of possession, a portion of the server costs may be refundable. See Rules 516 through 520 and Section 2950(d) of the Judicial Code, 42 Pa.C.S. 2950(d). Upon the timely filing of the request form, the magisterial district judge shall issue the order for possession and shall deliver it for service and execution to the sheriff of, or any certified constable in, the county in which the office of the magisterial district judge is situated. The order for possession deals only with delivery of possession of real property and not with a levy for money damages. A plaintiff who seeks execution of the money judgment part of the judgment must proceed under Rule 521A, using the forms and procedure there prescribed. The reason for making this distinction is that the printed notice requirements on the two forms, and the procedures involved in the two matters, differ widely. The magisterial district judge shall mail a copy of the order for possession to the defendant by first class mail and shall deliver a copy of it for service to the sheriff of, or any certified constable in, the county in which the office of magisterial district judge is situated. The officer receiving the order for possession shall note upon the form the time and date that it was received, and shall serve the order within forty-eight (48) hours by handing a copy of it to the defendant or to an adult person in charge for the time being of the premises possession of which is to be delivered or, if none of the above is found, by posting it conspicuously on those premises. The service copy of the order shall contain the following notice : If you, and all occupants of this property not authorized by the owner to be present thereon, do not vacate this property within ten (10) days after the date of this notice, the law authorizes me to use such force as may be necessary to enter upon the property by the breaking in of any door or otherwise, and to eject you and all unauthorized occupants. The date of the notice shall be the same as the date of the service.

7 If, on or after the eleventh (11th) day following the service of the order for possession in cases arising out of a residential lease, the defendant or any unauthorized occupant remains on the real property, the officer executing the order for possession shall use such force as may be necessary to enter upon the property, by the breaking in of any door or otherwise, and to eject the defendant and any unauthorized occupant and shall deliver possession of the real property to the plaintiff or the plaintiff's agent.