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HomeMy WebLinkAbout03-0894CINDY LINDSEY, Plaintiff Mo SCOTT HOWELL and TIFFANY HOWELL, ' Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-894 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO ENTER JUDGMENT TOTAL JUDGMENT: $6,949.61 JUDGMENT AGAINST SCOTT HOWELL JUDGMENT AGAINST TIFFANY HOWELL $1,117.50 $5,832.11 Respectfully submitted, cO~BRIEN, BARIC & SCHF~ David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/lindsey/judgment, pra THIS The COMMONWEALTH OF PENNSYLVANIA .... ;' ,NOTICE OF JUDGMENT/'rRANSCRIPT COUNTY OF: CUMBERLAND RESIDENTIAL LEASE Mag. Dist. No.: PLAINTIFF: NAME and ADDRESS ~LINDSEY, CINDY PA 09-3-05 DJ Name: Hon. : · GAYLE A. ELDER Address: 507 N. YORK ST. MECF~%NICSBURG, Telephone: (717) 766-4575 17055 ATTORNEY FOR PLAINTIFF : DAVID A. BARIC ESQUIRE 17 WEST SOUTH STREET CARLISLE, PA 17013 1652 TRINDLE ROAD CARLISLE, PA 17013 VS. DEFENDANT: ' ' NAME and ADDRESS 124 W.PORTLAND STREET MECHANICSBURG, PA 17055 Docket No.: LT- 0000361- 02 Date Filed: 12/27/02 IS.TO NOTIFY YDU THAT: Judgment: FOR PLAINTIFF Judgment was entered for: (Name) LINDS~Y, CINDY Judgment was entered against HOWELL, TIFFANY Landlord/Tenant action in the amount of $ 5,832.11 on 1/09/03 The amount of rent per month, as established by the District Justice, is $ total amount of the Security Deposit is $ .00 in a · (Date of Judgment) 540,00. Rent in Arrears Total Amounts Established ,~3~J. 7~ess~;_ Security Deposit A.p~l~d == $ AdjudicatedTA3m~.u.~~ Physical Damages Leasehold Property $ 4,977.83 - $ .00 = $ 4=, 97?. 83 Damages/Unjust Detention $ . O0 -- $ . O0 = $ . O0 Less Amt Due Defendant from Cross Complaint - $ . O0 Interest (if pr°vialed, by ~ase) , $.. . o11 ' : , . Judgment AmOunt $ 5_. 714.61 ~ Attachment PrOhib ted/ ~ Victim of AbuSe (Act 5, 1996) · --]This case dismissed without prejudice. r-] Possession granted. Possession granted if money judgment Possession not granted. Judgment Costs Attorney Fees Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total not satisfied Dy t~me ot ewction. 67.50 50.00 5,832.11 r--~ 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 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 JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE, , ' 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. II ce~ify ~t this is a true and correct , District Justice [~2~S}[O~~ PY~7°~°f th~~ntaining the judgment' j ~o~c~,~o~' ' e piresfirstMondayo~uary:~o~';. ~-"-~' ~ ~i~t~ictJusticel "'"'~"COMMONWEALTH OF PENNSYLVANia COUNTY OF: C~MBERLA_N-D Mag. Dist. No.; 09-3-05 DJ Name: Hon. GAYLE A. ELDER · ' Tei~Phon~':,:(71'7 ): 1'7055 'ATTORNEY FOR PI~NTIFF : DaVZD a. B,%_ zc ESQ ZRE 17 WEST SOUTH STREET CARLISLE, PA 17013 · /NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF' RESIDENTIAL LEASE NAME and ADDRESS .TNDSEY, CTNDy 1652 TRINDLE ROAD CARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS FHOWELL, TIFFANY, ET AL. -q I 124 W.PORTLAND STREET MECHANICSBURG, PA 17055 / Docket No.: LT- 0000361- 02 Date Filed: 12/27/02 THIS IS~O NOTIFY,~OU '[HAT: :~ . Judgment: ~ ' _ ~ _ ~ judgment Wa~ e:n~er~l for: (Name) SEY, CINDY Judgment was entered against HOW,,:,.T., SCO'1"2 ~ Landlord/Tenant action in the amount of $ 1,117 o 50 on 1/09/03 The amount of rent per month, as established by the District Justice, is $ ~-, The total amount of the Security Deposit is $ o 00 J in a (Date of Judgment) o00. Rent in Arrears Total Amounts. Established by DJ. 0~ess~,Security_ ~- Deposit Ap~)l~d. == $ Adjudicated Am°.ul~) Physical Damages Leasehold Proper:y 00 ~- $ .00 $ ' 1,000.00 Damages/Unjust Detention / $.' .00 : ;,.. :~'~" ~, IntereSt( $ ~ AttaChmentProhbted/~) ~ ' ~ I ~ .~Uudg.~ . ..- $ , ~000~O0 ~ ....... .' ~; ~ .~ , duagmemuos~s $ "' 67 50 Victim of Abuse (Act 5,.~96) / "' ~ r" ~t0rney Fees ,~; $ 50 ' 00 ~ This case dismissed with~t CejLdic/¢~.; . ~ ~,al Judgment, ~'7 ' , [, '~7'50. ~ Possession granted "' /-;' ~ I /~ ~Ost Judgment C~its $ ~ · ' ,':; /;? ;:~ / ~., ~ostJudgmentd~s $ ~ ~ //:;'~' /~; ~ Certified Judgment Total $ ~ vossession granted if mo~ey judgment is not sat~st~eo by t~me ot'ewct~on. ~ Possession not granted./ . .~';~ ~ Defendants are jo nt and severa able IN AN ACTION INVOLVING A ~DENTIAL LE~SE, 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 ~UDGMENT 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~RANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED.IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT INTHE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT HE'DISTmC.T UST CE ..... .. PLEAS,-Au YON E INT E BESTEU~'I ~HE~ ~D~ ME NT M AY F IL E E IF THE JUDGMENT DEBaR'PAYS IN OR OTHERWISE COMPLIES WITH THE JUDGMENT;:. ~- ~/~ 7 '~ , District Justice ce~ify that this is a true and correct cdpy o( ~~¢of thb{~fq~¢s co~he judgment. ~p_~,/. ~ (~[~.~// .District JusticeI ~o~¢¢¢~ission expires first Monday o~-3&u~y, '~06. ~~k SEAL CINDY LINDSEY, : Plaintiff : VS. : SCOTT HOWELL and ' TIFFANY HOWELL, Defendants : IN THE COURT OF CO{4MON PLEAs CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO.2003-894 CIVIL TERM PRAECIPE FOR WRIT OF ATTACHMENT TO THE PROTHONOTARY: Please issue a Writ of Attachment to attach the wages of Defendant, Scott Howell ,~/from MYT.C.X., 280 Heisey Road, Mechanicsburg, Pennsylvania 17055 (name & address of employer) so as to satisfy the damage portion of that fiDal judgmeu~ ~tered in the above-captioned matter in the amount of $ 1,~00.D0 , said damages arising out of a residential lease between the Plaintiff and the Defendant for that leasehold premises 200 East Portland Street, Mechanicsburg, Pennsylvania (address of premises where damage occurred) located at 17055 said wage attachment being requested pursuant to 42 PA C.S.A. ~8127, as amended by House Bill No. 908, Act No. 5 of 1996, effective February 15, 1996. All such attached wages should be sent to the Plaintiff Cindy Lindsey, 1652 Trindle Road, Carlisle, PA 17013 (name & address) Signature: Print Name: Address: David A. Baric, Esquire 17 West South Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-6873 44853 Supreme Court ID No.: Cindy Lindsey VS. Scott Howell and Tiffany Howell TO: M.T.C.X. 280 Heisey Rd. Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 2003-894 CIVIL TERM RE: Scott Howell WRIT OF ATTACHMENT The above ~,~loyer shall attach and deduct f~,, the wages of the above employee a st~ not to exceed ten (10%) of the net wages par pay pariod of said ~nployee or a stFa not to place e,{uloyee's net income below the poverty income guidelines as provided annually by the Federal Office of Management and Budget, whichever is less. "Net wages" shall mean all wages paid, less only the following irons: 1. Federal, state and local income taxes; 2. F.I.C.A. payments and non-voluntary retirement payments; 3. Union dues; and, 4. Health insurance premi~ns The amount of wages to be attached shall total $ 1,000.00 (plus costs) The 6:,~loyer shall send the attached wages to the Prothonota~..,, C%~berland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, payable to Plaintiff-Creditor: Cindy Lindsey within fiftee[~ (15) days fro~ the close of the last pay period in each month. The employer shall be entitled to deduct fro~ the wages collected frc~ the employee pursuant hereto the costs incurred from the extra bookkeeping necessary to implement the terms within the Writ of Attacl~nent, not exceeding $5.00 of the ~nount of the wages so deducted. If you, the employer, aie served with more than one Writ of Attachnent for damages arising out of a residential lease against the s~ne employee, then the wage attachments shall be satisfied in the order in which said Writs of Attachment were served. Each p~ior wage attachment shall be satisfied before any effect is given to a subsequent attachment. You shell not take any adverse action against the employee solely because his wages, salaries or cc~nissions have been attached. Violations may result in. (i) you being adjudged in contempt and cc~mitted to jail or fined by the court and (ii) an action against you by the employee for damages. Willful failure to c~,,ply with this Writ of Attachment may result in (i) you being adjudged in contempt of court and c~nitted to jail or fined by the cc~trt; (it) ycu being held liable for any ~nount not withheld, or withheld but not forwarded to the Prothonotary's Office; and, (iii) attachment of your fur~s er proparty. Th_is Writ of Attachment has been entered pursuant to 42 PA. C.S.A. §8127, t~s ~nended by House Bill 908, Act 5 of 1996, effective February 15, 1996. A copy of this Writ of Attachment has been sent by U.S. Mail, postage prepaid, to the employee's last known address at: 200 East Portland Street, Mechanicsburg, PA 17055 Any questions should be directed to the Plaintiff-Creditor: cindy L4nd.~.y. 1652 Trindle Rd., Carlisle, PA 17013 Date: September 25, 2003 Prothonotary: Costs: $15.00 8y Deputy: · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse sO that we can return the card to you. · Attach this card to the back of the rnaitpiese, or on the front if space pen'nits. 1. ArticJe Addressed to: 2. A~tlch~ Number (Copy from service label) PS Form 381 1, Ju~y 1999 A. Received by (P~se Print C~a~ly) B. Date of Delivery C. Signature b Registe _re_~ ~att~37~eipt for Merchandise 4. Restricted Deiivety? ~.xtra Fee) [~] Yes Domestic Return Receipt 102595-00-M-0§~2 LAMAR L. LIGHT, Plaintiff V. SMITH LAND & IMPROVEMENT CORPORATION & BALD EAGLE INSURANCE CO., LTD., Defendants SMITH LAND & IMPROVEMENT CORPORATION, Plaimiff V. LAMAR LIGHT, Defendant LAMAR L. LIGHT, Plaintiff V. BALD EAGLE INSURANCE CO., LTD. & SMITH LAND & DEVELOPMENT CORP. Defendants DEC 032003 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5053 CIVIL ACTION - LAW and : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . /V/No. 03434 Civil Term : . : CIVIL ACTION - LAW and 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1849 CIVIL ACTION - LAW ORDER AND NOW, this ,~-h day of , 2003, upon consideration of the Parties' Joint Motion for Consolidation, it is hereby ORDERED that: 11/19/03 WED 10:32 FAX 717 231 6637+ RHOADS SINON LLP ~003 (1) The Motion for Consolidation is GRANTED and the following actions are hereby consolidated atDocketNo. Lamar L. Light v. Smith Land & Development Corporation and Bald Eagle Insurance Co., Ltd., Docket No. 01-5053; Smith Land & Developmem Corporation v. Lamar L. Light, Docket No. 03-834; and Lamar L. Light v. Smith Land & Development Corporation and Bald Eagle Insurance Co., Ltd., Docket No. 03-1849 (2) The hearing currently scheduled for January 8, 2004 in Docket No. 03-1849 is cancelled, and; (3) The Parties shall conduct discovery in the aforementioned consolidated case through March 31, 2004 and thereafter as appropriate resehedule list the matter for a hearing with this Court. J. LAMAR L. LIGHT, Plaintiff SMITH LAND 8: IMPROVEMENT CORPORATION & BALD EAGLE INSURANCE CO., LTD., Defendants SMITH LAND & IMPROVEMENT CORPORATION, Plaintiff V. LAMAR LIGHT, Defendant LAMAR L. LIGHT, Plaintiff V, BALD EAGLE INSURANCE CO., LTD. & SMITH LAND & DEVELOPMENT CORP. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5053 CIVIL ACTION - LAW and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-834 Civil Term and CIVIL ACTION - LAW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1849 CIVIL ACTION - LAW ASSIGN TO JUDGE HESS JOINT MOTION FOR CONSOLIDATION 493099.1 1]/19/03 WED 10:33 FAX 717 231 6637- RHOADS SINON LLP ~005 NOW COME Lamar Light ("Light"), Smith Land & Improvement Corporation ("Smith Land") and Bald Eagle Insurance Co., Ltd. ("Bald Eagle"), by and through their attorneys, Caidwell & Kerns and Rhoads & Sinon LLP, and file the within Joint Mo6on for Consolidation as follows: 1. The facts underlying each of the above-captioned actions involve the conduct and obligations of Light and Smith Land and Bald Eagle during Light's tenure as Chief Operating Officer, Executive Vice President and President of L.B. Smith, Inc., a wholly owned subsidiary of Smith Land, as well as documents executed as a result of those positions including, without limitation, a Judgment Promissory Note and Guaranty both dated January 2, 2001, a Judgment Promissory Note [and Guaranty both] dated April 11, 2001, an Amended Stockholders Agreement dated June 27, 1998. 2. In that respect, a dispute arose following Light's resignation on October 31, 2000, effective December 31, 2000. After Light's resignation, the parties' disputed the terms, primary price, of Smith Land's obligation to repurchase the Smith Land Stock from Light under the above-listed documents. 3. By Complaint dated August 29, 2001, Light initiated suit against Smith Land and Bald Eagle, No. 01-5053, alleging a claim for declaratory judgment regarding the 2001 Judgment Promissory Note (hereinafter the "Light Action"). Smith Land and Bald Eagle's Answer and New Matter filed to the Light's Complaint disputes the amount which should be paid to Light for the redemption of the stock. 495903.1 - 2 - 11/19/03 WED 10:33 FAX 717 231 6637~ RHOADS SINON LLP ~006 4. By Writ of Summons dated February 25, 2003, Smith Land initiated suit against Light at this Court's Docket No. 03-834 (hereinafter the "Smith Land Action"). In the Complaint filed in Smith Land Action on or about October 23, 2003 it is alleged that Light breached his fiduciary duties as an officer of L.B.Smith and that his actions artificially inflated the value of the Smith Land Stock redeemed from Light. 5. By Complaint dated April 22, 2003, Light initiated a second action against Smith Land and Bald Eagle at this Court's Docket No. 03-1849 confessing judgment against Smith Land and Bald Eagle pursuant to the April 11, 2001 Judgment Promissory and Guaranty Note, (alleging default of payment) which was given to Light when the Smith Land Stock was redeemed (hereina~er the "Declaratory Action"). Smith Land and Bald Eagle has contested entry of the confessed judgment. The confessed judgInent against Smith Land has been set aside by stipulation however, the parties are still litigating the appropriateness of the confessed judgment entered against Bald Eagle and the claim against Smith Land in accord with Pa. R.C.P. Rule §2960. 6. The parties in the above actions have undertaken partial discovery. 7. An Order dated September 22, 2003 by the Honorable Kevin A. Hess was issued in the Declaratory Action setting a deadline for discovery of October 3 i, 2003 and scheduled a heating for January 8, 2003 in that action. 8. The parties believe that the public interest, as well as judicial economy and avoidance of cost and delay, would best be served by consolidation of the three actions. -3- 11/19/03 WED ~0:33 FAX 717 231 fi637~ RHOADS SINON LLP ~007 9. Specifically, these actions should be consolidated where, as here, the three actions involve common questions of law and fact and arise from the same transaction or occurrence, i.e. Light's actions while employed at L.B. Smith and the affect of those actions on the price of the stock, documents relating to Light's employment, the value of Smith Land Stock and the repurchase allegations of Smith Land and Bald Eagle. 10. Because additional discovery remains necessary for trial in these actions, however, at this time, the parties request that the Court cancel the hearing scheduled in the Declaratory Action and allow the parties to proceed with discovery for all three actions which the Parties believe can reasonably be completed before March 31, 2004. 11. At such time the parties can mutually conclude that discovery will be completed by March 31, 2004, or such earlier date as the parties determine, the matter shall be rescheduled for trial with this Court. WHEREFORE, Lamar L. Light, Smith Land & Improvement Corporation and Bald Eagle Insurance Co., Ltd., respectfully request that this Honorable Court enter an Order (1) granting the consolidation of the following actions: Lamar L. Light v. Smith Land & Development Corporation and Bald Eagle Insurance Co., Ltd., Docket No. 01-5053; Smith Land & Development Corporation v. Lamar L. Light, Docket No. 03-834; and Lamar L. Light v. Smith Land & Development Corporation and Bald Eagle Insurance Co., Ltd., Docket No. 03-1849 -4- 11/19/03 WED 10:34 FAX 717 231 6637+ RHOAI)S SINON LLP 008 (2) canceling the hearing scheduled for January 8, 2004 in Docket No. 03-1849; and (3) allowing the Parties to conduct discovery in the aforementioned consolidated case through March 31, 2004 and thereafter resehedule the same for trial with this Court. FOR LAMAR L. LIGHT: CALDWELL & KEARNS FOR SMITH LAND & BALD EAGLE: RHOADS & S1NON LLP By: Cthli?rPc 'nmtg~e~ Jame(~ 3631 1~ Harrisbl rg, PA 17110 (717) 232-7661 De~ma~i*iT, Esquire . One S. Mkt. Square, P.O. Box 1146 Harrisburg, PA 17101-1146 (717) 233-5731 -5- No. In the Court of Common Pleas of Cum berland County, Pennsylvania 055, ' Prothonotary No. Term, 19 FEBI8 P~13:13 Filed VS. PRAECIPE 19_ , Arty,