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Home My WebLink About03-2982MAX A. FAHNESTOCK, Plaintiff ROBIN and MARK SMITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO ENTER JUDGMENT ON DISTRICT JUSTICE'S TRANSCRIPT OF JUDGMENT Pursuant to Act of July 9, 1976, P.O. 586, No. 142, § 42 Pa.C.S.A. 1516, and in accordance with the transcript of the District Justice which is attached hereto, enter judgment in favor of Max A. Fahnestock, Plaintiff, and against Robin and Mark Smith, Defendants, in the sum of $947.73, which consists of $825.00 as principal and $122.73 as costs, plus interest thereon from August 30, 2001, as provided by law. Plaintiff hereby certifies that the last known address of Defendants Robin and Mark Smith is 19 South Baltimore Avenue, Mt. Holly Springs, PA 17065. MARTSON DE~_/~rlJD'I~WILLIAMS & OTTO B I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 ~ Date: June 23, 2003 Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CI::~BER[~ND Mag. Oist No.: 09-3-03 DJ Name: Hon, SUSAN K. DAY Ad~re~,: 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA NOTICE OF JUDGMENT/TRANSCRIP'I PLAiNTiFF: RESIDENTIAL LEASE NAME and ADDRESS ~-FAHNESTOCK, MAX A ATTORNEY FOR PLAINTIFF : MA~K DENLINGER, ESQ. 10 E. HIGH ST. CARLISLE, PA 17013 23 S. BALTIMORE AVE. MT. HOLLY SPRINGS, PA 17065 VS. DEFENDANT: NAME and ADDRESS (717) 486-7672 17065 USMITH, ROBIN & MARK ET~ 19 $. BALTIMORE AVE. MT. HOLLY\ SPRINGS, PA 17065 Docket No.: LT- 0000224 - 01 Date Filed: 8/07/01 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLATNTIFF [~] Judgment was entered for: (Name) FAHNESTOCK, MA~ A Judgment was entered against SMITH. ROBIN & MARK ETAL in a [] Landlord/Tenant action in the amount of $ 947.73 on 8/30/01 (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ .00. The total amount of the Security Deposit is $ .00 Total Amount Established i~J. 0~0ess;Security Deposit A.pl~l~d = AdjudicatedAr~o.ul~0 Rent in Arrears $ -- = $ Physical Damages Leasehold Property ]~ .00 I .00 = I .00 Damages/Unjust Detention . O0 ---- . O0 [--~ Attachment Prohibited/ Victim of Abuse (Act 5, 1996) r-]This case dismissed without prejudice. ~ Possession granted. Less Amt Due Defendant from Cross Complaint -- $ Interest (if provided by lease) $ L/T Judgment Amount $ Judgment Costs $ Attorney Fees $ Total Judgment $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ EPossession granted if money judgment is not sabst~ecl by t~me ct eviction. Possession not granted. [] Defendants are jointly and severally liable. F-'-] Levy is stayed for__ days or [] generally stayed. ~---~ Objection to Levy has been filed and hearing will be held: Date: Place: .00 .00 .O0 82R.00 122.73 .00 947.73 Time: 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 INVOL~.ING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO ~:ILE A NQTICE 0I~'A~PEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON ~ CIVIL DIVISION. ~.~ /I -/ '~ T"E PA"TY F"'nG An APPEAL MU¢"CLr * 00., "',O' >¢" V fJ pEnThA"SCR'PT FO"M W'TR T"E"OT'CE O' ~- %)~/ Date ~ ~' / ~ / / , District Justice I certify that this isa tru~ a~~oT~ocoo~n~s ~ntalnin~ ,ho ~ud~mo.l. [ ~/~-~ Date /.'.~~[~h--/ / ,DistrictJusticel My commission expiresmrst Monday of January, 2004. I ~ SEAL MAX A. FAHNESTOCK, Plaintiff ROBiN and MARK SMITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE OF ENTRY OF JUDGMENT TO: ROBIN SMITH, Defendant You are hereby notified that on May 29, 2003, the following Judgment was entered against you in the above-captioned case; $947.73, which consists of $825.00 as principal and $122.73 as costs, plus interest thereon from August 30, 2001, as provided by law. Dated: /O/~/~.~ ! Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R.Civ P. 236 is: Ms. Robin Smith 19 South Baltimore Avenue Mt. Holly Springs, PA 17065 ~~4~WILLIAMS & OTTO BYD '~R. Gal~ Counsel for Plaintiff MAX A. FAHNESTOCK, Plaintiff ROB1N and MARK SMITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT OF NO APPEAL As of June 23, 2003, a District Justice appeal has not been file in the Court of Common Pleas of Cumberland County. MARTSON D WILLIAMS & OTTO I. D. Number 87326 \ Ten East High Street ~ Carlisle, PA 17013 ~ (717) 243-3341 Date: June 23, 2003 CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe to Enter Judgment on District Justice's Transcript of Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class ma/l, postage prepaid, addressed as follows: Robin and Mark Smith 19 South Baltimore Avenue Mt. Holly Springs, PA 17065 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 23, 2003 MAX A. FAHNESTOCK, Plaintiff ROBIN and MARK SMITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE OF ENTRY OF JUDGMENT TO: MARK SMITH, Defendant You are hereby notified that on May 29, 2003, the following Judgment was entered against you in the above-captioned case; $947.73, which consists of $825.00 as principal and $122.73 as costs, plus interest thereon fi.om August 30, 2001, as provided by law. Dated: Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R.Civ P. 236 is: Mr. Mark Smith 19 South Baltimore Avenue Mt. Holly Springs, PA 17065 _M._~T~,~SON D~F ~W~ILLIAMS & OTTO David R. Gall~-~way, ~z-~squir~,, Counsel for Plaintiff MAX A. FAHNESTOCK, Plaintiff, ROBIN SMITH and MARK SMITH, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2982 CWIL ACTION - LAW PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Issue a writ of execution in the above matter, (l) Directed to the Sheriffof Cumberland County; (2) Against Robin Smith and Mark Smith, last known to reside at 12 Terd Drive, Carlisle, PA 17013; Index this writ against Robin Smith and Mark Smith, Defendants. (3) (4) The amount due Rent in Arrears Judgment Costs Interest from August 30, 2001, at the rate of 6% per annum through June 1, 2004 Costs to be added by Sheriff Total: $..825.00 $ !22.73 $ .I 36.43 $ . $ Direct the Cumberland County Sheriff to execute upon any and all personal property that is owned by the above Defendants. Ten East High Street Carlisle, PA 17013 (717) 243-3341 OTTO Attorneys for Plaintiff Date: June 4, 2004 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2982 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MAX A. FAItNESTOCK, Plaintiff (s) From ROBIN SMITH AND MARK SMITH, 12 TERRI DRIVE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY THAT IS OIVNED BY THE ABOVE DEFENDANTS. (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 othervdse disposing thereof; (3) ffproperty 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 h/m/her that he/she has been added as a garmshee and is enjoined as above stated. AmountDue $947.73 L.L. $.50 Interest FROM 8/30/01 AT OF 6% PER ANNUM THROUGH 6/1/04 - $136.43 Ally's Corem % Due Prothy $1.00 Atty Paid $36.75 Other Costs Plaintiff Paid Date: JUNE 4, 2004 (Seal) REQUESTING PARTY: Name DAVID R. GALLOWAY, ESQUIRE Address: TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 87326 CURTIS R. LONG Deputy R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff' s Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee TOTAL 18.00 18.96 .5O 1.00 3.45 30.00 20.00 $ 91.91 Advance Costs: 150.00 Sheriff's Costs: 91.91 $ 58.09 Refunded to Atty on 08/10/04 Sworn and Subscribed to before me This j¥_~dayof O~.~u.dr Prdthonotary So Answers; :, Sheriff ......... R. Tt~omas Kline: /,J ~, By Claudia A. Brewbaker