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Home My WebLink About07-3047,~ CERTIFIED EXEMPLIFIED COPY !d ?•- ..3c~7 .• THE STATE OF T88A8 COUNTY OF TARRANT I, Thomas A. Wilder Clerk of the District Courts of said County of Tarrant in the State Of Texas, do hereby certify that the within and proceeding pages contain a full, complete, true and exact copy of the Summary J'udcmeat - in Cause No.348-079140-83, LLOYD ENGELSMA D/B/A ET AL ,Plaintiff vs WILLIAM H. SMITH, ET AL ,Defendant. Given under my hand and seal of office, at Fort Worth, in said County of Tarrant, State Of Texas, this date of April 12, 2007. Thomas A. Wilder CLERK OF THE DISTRICT COURTS TARRANT COUNTY, TEXAS By : L''~i~~- ~, f~~Le~' Deputy THE STATB OF TEXAS COUNTY OF TARRANT I, JUDGE Dana M. Womack Judge of the 348th DISTRICT COURT of the State Of Texas, presiding in the County Of Tarrant, do hereby certify that the Deputy Clerk whose name appears to be signed to the above certificate, is and was at the time of signing the same, the Deputy Clerk of said District Court therein mentioned, and as such was the proper person to make said certificate, and that the same is in due form. Given under my hand officially this date of April 12, 2007. Judge 348th District Court Tarrant County, Texas THE STATE OF TEXAS COIINTY OF TARRANT I, Thomas A. Wilder Clerk of the District Courts, Tarrant County,Texas, do hereby certify JUDGE Dana M. Womack Judge of the 348th DISTRICT COURT of Tarrant County,Texas, is, and was, at time of signing same, the duly elected, qualified and acting Judge of said Court herein mentioned and as such was the proper person to make said certificate, and that the same is in due form. Given under my hand and seal of office, at Fort Worth, in said Tarrant, State Of Texas, this date of April 12, 2007. Thomas A. Wilder CLERK OF THE DISTRICT COURTS TARRANT COUNTY, TEXAS By: Deputy t s ~~ ~ ~ ~ 7 NO. 348-79140-83 l~ OYD ENGELSMA d/b/a § IN THE DISTRICT COURT ILLAGE SQUARE SHOPPINGg 3 § CENTER § v. ~ § TARRANT COUNTY, TEXAS LLIAM H. SMIT and § SIEGLINDE TAYLOR-SMITH~~~' § 348TH JUDICIAL DISTRICT SrrUMMARY JUDGMENT On the 20th day of March, 1987, the Court heard the Plaintiff's-Motion for Summary Judgment filed in this cause. The .Court, after examining the pleadings and the summary judgment evidence and hearing the arguments of counsel, is of the opinion and finds that Plaintiff Lloyd Engelsma d/b/a VillageSquare Shopping Center, is entitled to Summary Judgment against Defendants William H. Smith and Sieglinde Taylor-Smith, jointly and severally, as requested in Plaintiff's Motion for Summary Judgment. IT IS, THEREFORE, ORDERED, ADJUDGED and DECREED that Plail~tiff, Lloyd Engelsma d/b/a Village Square Shopping Center,. have and recover of and from Defendants William H. Smith and Sieglinde Taylor-Smith, jointly and severally, the sum of $8,545.06 plus interest as provided by the lease in the sum of $5,975.46 for a total of $14,520.52 plus the sum of 00 $ SZ Sy ~ for reasonable attorney's fees, for a grand total sum of $~~? , together with interest from March 21, 1987, at the rate of 18~ per annum until paid, and costs of court, for all which let execution issue. IT IS FURTHER ORDERED, ADJUDGED and DECREED that this Summary Judgment entered is a final judgment. All relief requested and not expressly granted is denied. SIGNED this 20th day of March, 1987. e UD PRES ING I F?nr~~~ ~~ 1 ?'~~~o~7:J SUMMARY JUDGMENT - SOLO PAGE •~ - I ~ ' ~~~~ I i ,,: ~7 ~o ~ ~ ~'go ~. wr~.;n ~a ~ j '~ j ~ ~ i ~ ~; ~~ ;, ~ "'. 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I I I ~ !, I i ~ I i, w I ~ I -i -~ -- - i ' ' ' !, m w [~7 H 11 i ~ e (~ \ 1• - M O ~{ G7+ -~ D q~ o d x _ o ~ ~ ~ ~ _ \ „ - o- - ~ ~ Q b v - ad -. y .. cam: ~ .,~~ ~ i `~U c ~ o A ~ z 0 +_ ,_: No. 348-079140-83 LLOYD ENGELSMA d/b/a VILLAGE SQUARE SHOPPING CENTER, Plaintiff, v. WILLIAM H. SMITH and SIEGLINDE TAYLOR-SMITH, Defendants. -------------------------------------------- IN THE DISTRICT COURT TARRANT COUNTY, TEXAS 348TH JUDICIAL DISTRICT AFFIDAVIT OF JAMES E. SCHMECKPEPER Affiant, James E. Schmeckpeper, being first duly sworn, on oath states and alleges as follows: 2, 3. 4. 5. 6. 7. 8. That he is the attorney for the Plaintiff, Lloyd Engelsma d/b/a Village Square Shopping Center. That Plaintiff had commenced a collection action against Defendants in the District Court of the 348th Judicial District of Texas, Tarrant County, case no. No. 348-079140-83. That on March 20, 1987, Plaintiff was granted a Summary Judgment against Defendants in the amount of $19,770.52. That attached to this Affidavit is an original Certified Exemplified Copy of Record of Judgment of the County of Tarrant, State of Texas, dated April 12, 2007. That attached to this Affidavit is a certified copy of the Civil Docket for this case. That to the best of Affiant's knowledge, the last known address for both Defendants is 400 Noble Boulevard, Carlisle, Pennsylvania 17013. That to the best of Affiant's knowledge, this Judgment is valid, enforceable, and unsatisfied. Pennsylvania. That this Affidavit is made for the purpose of docketing this judgment in Further Affiant Sayeth Not. Subscribed and sworn before me this ay of May, 007 (Not Public) K:V:U,EGAUPLEADINGS (CURRENT)~3224-AFF OP JES(TX_PA)(5.11.07).DOC iu-T- ~. ~ ~~ P!l~IC•~MiR~A r ^ ~i 'K lr• ~t r1~~ ~'+ O ~~ s LLOYD ENGELSMA D/B/A VILLAGE SQUARE SHOPPING CENTER Plaintiff, IN THE COURT OF L.'V'„ N PLEAS OF CUMBERLAND CO P,u ENNSYLVANIA NO.: 2007-304 t' vs. WILLIAM H. SMITH AND SIEGLINDE TAYLOR-SMITH, Defendants LLOYD ENGELSMA D/B/A VILLAGE SQUARE SHOPPING CENTER Plaintiff, CIVIL ACTION IN THE COURT OF CUMBERLAND Co l+r, NO.: 2012-2256 vs. WILLIAM H. SMITH AND SIEGLINDE TAYLOR-SMITH, Defendants CIVIL ACTION ,rV,VON PLEAS OF Pg4NULV*IA a -< - ?1 RULE TO SHOW CAUSE AND NOW, this 2' day of !dMebtion upon consde j ill of the foregoing Petition to Strike Foreign Judgment to Strike Revival o' - . :In Judgment, it is hereby ordered that: (1) a rule is issued upon the Plaintiff/Respondent to show i, , i, why the Petitioners are not entitled to the relief requested; days (2) the Plaintiff/Respondent shall file an answer to the peti0- within of this service of this rule; (4)- depeEAieRs shall b- GQMO"d_w#? and (6) notice of the entry of this order shall be provided to all p ' ` ias by the Petitioners. BY THE CP .r Thomas 7. Tho j?ijdge cc: / Dean E. Reynosa, Esq. for Defendants/ Petitio on 91ec "" Plaintiff c/o James E. Schmeckpeper, Esq., 5235 Eighth St., Minne@poo MN 55404 6ve.,es a , led '51 'all ? j7//U LLOYD ENGELSMA D/B/A VILLAGE SQUARE SHOPPING CENTER Plaintiff, vs. WILLIAM H. SMITH AND SIEGLINDE TAYLOR-SMITH, Defendants/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2007-3047 CIVIL ACTION LLOYD ENGELSMA D/B/A VILLAGE SQUARE SHOPPING CENTER Plaintiff, vs. WILLIAM H. SMITH AND SIEGLINDE TAYLOR-SMITH, Defendants/Petitioners IN THE COURT OF COMMON P S OF CUMBERLAND COUNTY, PENN LVANIA NO.: 2012-2256 ?F2a 4a.i ?? -_ CIVIL ACTION`` .. r.? PETITION TO MAKE RULE ABSOLUTE And now this day of June, 2012, comes Defendants/Petitioners, William H. Smith and Sieglinde Taylor-Smith n/k/a Sieglinde Smith (hereinafter "Petitioners"), by and through their attorney Dean E. Reynosa and hereby respectfully request this Honorable Court to make absolute the rule entered on May 2, 2012, and strike both the judgment docketed at 2007-3047 and the praecipe to revive the judgment docketed at 2012-2256 and hereby aver as follows in support thereof: Petitioners filed their Petition to Strike Foreign Judgment and Petition to Strike Revival of Foreign Judgment on April 27, 2012. 2. The Honorable Thomas A. Placey issued a rule to show cause for both matters on May 2, 2012. See Rule to Show Cause attached hereto as Exhibit A. 3. This Honorable Court directed that Plaintiff, Lloyd Engelsma d/b/a Village Square Shopping Center, file a response to the Petition to Strike within 20 days of service. 4. Undersigned counsel served the Rule to Show Cause on counsel for Plaintiff James E. Schmeckpeper, Esq., on May 3, 2012. See Certificate of Service attached hereto as Exhibit B. 5. The parties have since been able to resolve this dispute. 6. Plaintiff has agreed to accept $3,000.00 in full satisfaction of the $19,770.52 judgment obtained in the State of Texas on March 20, 1987. 7. Plaintiff, through its agent, has executed and filed of record a Release of Judgment in the Texas Court where the judgment originated. See copy of filed Release of Judgment attached hereto as Exhibit C. 8. Petitioners request that the Rule be made absolute and the Foreign Judgment filed at 2007-3047 and the Praecipe to Revive the Foreign Judgment docketed at 2012-2256 both be stricken with prejudice. 9. Plaintiff, through its agent, does not oppose this request to strike the Foreign Judgment filed at 2007-3047 and the Praecipe to Revive the Foreign Judgment docketed at 2012-2256. See Certificate of Non-Opposition signed by Plaintiff's agent attached hereto as Exhibit D. 10. Additionally, Plaintiff has failed to file a written response to the rule to show cause and therefore the rule should be made absolute and the Foreign Judgment filed at 2007-3047 and the Praecipe to Revive the Foreign Judgment docketed at 2012- 2256 should both be stricken with prejudice. WHEREFORE, Petitioners respectfully request that this Honorable Court strike with prejudice the Foreign Judgment docketed at 2007-3047 and the Writ for Revival docketed at 2012-2256. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS By: De R-eynos Esquire A orney I.D. 8044 26 West High Street` Carlisle, PA 17013 (717) 243-6222 Attorney for Defendants/Petitioners LLOYD ENGELSMA D/B/A IN THE COURT OF COMMON PLEAS OF VILLAGE SQUARE SHOPPING CUMBERLAND COUNTY PENNSYLVANIA CENTER Plaintiff, NO.: 2007-3047 vs. r WILLIAM H. SMITH AND Y` SIEGLINDE TAYLOR-SMITH, CIVIL ACTION Defendants ...............................:.........................................LLOYD ENGELSMA D/B/A IN THE COURT OF COMMON PLEAS OF VILLAGE SQUARE SHOPPING CUMBERLAND COUNTY, PENNSYLVANIA CENTER Plaintiff, ?` NO.: 2012-2256 c VS. tZ? 3+0 ran _ t a M < WILLIAM H. SMITH AND SIEGLINDE TAYLOR-SMITH, CIVIL ACTION Defendants RU E TO SHOW CAUSE ? r AND NOW, this day of 2ot2 = CD upon "rPetition to Strike Foreign Judgment and Pe ition to Strike Revival o consideration Foreign Judgment, it is hereby ordered that: (1) a rule is issued upon the Plaintiff/Respondent to show cause why the Petitioners are not entitled to the relief requested; (2) the Plaintiff/Respondent shall file an answer to the petition within a0 days of this service of this rule; f@) the Petition shs!! be deeiel!.! U U=T 11,11111 71 1 11 119 1, and (6) notice of the entry of this order shall be provided to all parties by the Petitioners. BY THE TP: Thomas . Placeyi. cc: Dean E. Reynosa, Esq. for Defendants/Petiti4Cn? mmon eas fudge Plaintiff c/o James E. Schmeckpeper, Esq., 523 S. Eighth St., Minneapolis, MN 55404 LLOYD ENGELSMA D/B/A VILLAGE SQUARE SHOPPING CENTER Plaintiff, vs. WILLIAM H. SMITH AND SIEGLINDE TAYLOR-SMITH, Defendants/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2007-3047 CIVIL ACTION 0 0 am No 0 5 on an a a am an a am a a a an on a a amp a a am Non 0 a am a am as a a am MEN a& a on Non's MEN am NON am LLOYD ENGELSMA D/B/A VILLAGE SQUARE SHOPPING CENTER Plaintiff, vs. WILLIAM H. SMITH AND SIEGLINDE TAYLOR-SMITH, Defendants/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, FcgNN§YQVANIA NO.: 2012-2256 ?cD CIVIL ACTION ?z w C -< - CERTIFICATE OF SERVICE 2012, i, Dean E. Reynosa, Esquire, hereby certify that I did AND NOW, May serve'a true and correct copy of the Order for Rule to Show Cause dated May 2, 2012, upon counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: Law Offices of Saidis Sullivan k Rogers G West High Street :arlisle, PA 17013 Plaintiff Lloyd Englesma d/b/a Village Square Shopping Center c/o James E. Schmeckpeper, Esq. 523 S. Eighth St. Minneapolis, MN 55404 D n E7Reynosa, Esquire torney I.D. No. 80440 Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 (717) 243-6222 dreynosa .ssr-attorneys.com Counsel for Defendants/Petitioners THE STATE OF TEXAS TARRANT COUNTY, TEXAS RELEASE OF JUDGMENT WHEREAS, ON THE 20th day of March, 1987, in the District Court of Tarrant County, 348 Judicial District, Texas, in a cause styled: No: 348-79140-83 _ Lloyd EnQelsma d/b/a Village William H. Smith and =- Square Shopping Center vs. Sieglinde Taylor-Smith Plaintiff Defendants C,1 r- Plaintiff recovered a judgment in the sum of $19,770.52, together with cost of suit and-if .terest om?mh'-ate of Judgment, at the rate of 18% per annum; and, '' '? WHEREAS, said Plaintiff and Defendants have agreed to fully and finally settle a`IGfmatters of controversy between them; and whereas William H. Smith and Sieglinde Taylor-Smith, Defendants have paid to the Plaintiff the sum of $3.000.00. NOW THEREFORE, I, the Plaintiff (and/or its agent or representative), in consideration, hereby acknowledge payment of the above amount and release William H. Smith and Sie I`nde Taylor-Smith, their successors, administrators, assigns, heirs, executors and/or administttor , frpfri such,jQdgment. OPlakvff l® Name: eper Title: Senior ALSO i a e General Counsel BEFORE ME, the undersigned Notary Public or Justice Court Clerk, on this day personally appeared James E. Schmeckpeper , known to me to be the person whose name was subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for purposes and consideration therein expressed. SIGNED AND SWORN to before me on the.?tr da May , 2012. ------------------ ¦ Z? T: KATHRYN J. HOOKER ary Public or Just c Court Clerk NOTARY PUBLIC41NNESOTA My CommaOw DO=JOL 31.2015 Hennepin , County)TExillsMinnesota LLOYD ENGELSMA D/B/A VILLAGE SQUARE SHOPPING CENTER Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2007-3047 vs. WILLIAM H. SMITH AND SIEGLINDE TAYLOR-SMITH, Defendants CIVIL ACTION LLOYD ENGELSMA D/B/A VILLAGE SQUARE SHOPPING CENTER Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2012-2256 vs. WILLIAM H. SMITH AND SIEGLINDE TAYLOR-SMITH, Defendants CIVIL ACTION CERTIFICATE OF NON-OPPOSITION I, James E. Schmeckpeper , do hereby state that I have authority to offer a position on behalf of Plaintiff in this matter concerning Petitioner's Petition to Make Rule Absolute and that I have reviewed a draft copy of the Petition to Make Rule Absolute. Plaintiff does not oppose the entry of an order striking with prejudice both the foreign judgment docketed to 2007-3047 and the Praecipe to Revive the Foreign Judgment docketed to 2012-2256. Plaintiff has agreed to accept $3,000.00 in full satisfaction of the judgment obtained in the State of Texas on March 20, 1987 and which is the subject of these proceedings. I acknowledge receipt on beha"Plaintiff of the $3,000.00 from Petitioners as payment in full satisfaction. ,,-) I X/ /? Date: 3uhd E ) 8 ,?O/ _-? James E. Schmeckpeper, Senior Printed Name Associate General Counsel 523 South Eighth Street Minneapolis, MN 55404-1030 612-335-2772 Address and Phone Number LLOYD ENGELSMA D/B/A VILLAGE SQUARE SHOPPING CENTER Plaintiff, vs. WILLIAM H. SMITH AND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2007-3047 SIEGLINDE TAYLOR-SMITH, CIVIL ACTION Defendants LLOYD ENGELSMA D/B/A IN THE COURT OF COMMON PLEAS OF VILLAGE SQUARE SHOPPING CUMBERLAND COUNTY, PENNSYLVANIA CENTER Plaintiff, NO.: 2012-2256 vs. WILLIAM H. SMITH AND SIEGLINDE TAYLOR-SMITH, CIVIL ACTION Defendants CERTIFICATE OF SERVICE I hereby certify that on this OW. day of June, 2012, a true and correct copy of Petitioners PETITION TO MAKE RULE ABSOLUTE was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Plaintiff Lloyd Englesma d/b/a Village Square Shopping Center c/o James E. Schmeckpeper, Esq. 523 S. Eighth St. Minneapolis, MN 55404 SAIDIS, VAN & Dean Reynosa, E Attor ey Id. 80440 26 West High Street Carlisle, PA 17013 717-243-6222 LLOYD ENGELSMA D/B/A IN THE COURT OF COMMON PLEAS OF VILLAGE SQUARE SHOPPING CUMBERLAND COUNTY, PENNSYLVANIA CENTER Plaintiff, NO.: 2697-384.. c vs b 7.3 c.. . Jr, c c4 ? c4r- r%3 WILLIAM H. SMITH AND <> SIEGLINDE TAYLOR-SMITH, CIVIL ACTION C Defendants -------------------------- W '' ------ _ --------------------------------- --? -NY LLOYD ENGELSMA D/B/A IN THE COURT OF COMMON PLEAS OFD VILLAGE SQUARE SHOPPING CUMBERLAND COUNTY, PENNSYLVANIA CENTER Plaintiff, vs. WILLIAM H. SMITH AND SIEGLINDE TAYLOR-SMITH, Defendants NO.: 2012-2256 CIVIL ACTION ORDER OF COURT RE: PETI ION TO MAKE RULE ABSOLUTE And Now thiseZO day of , 2012, upon consideration of Defendants'/Petitioners' Petition to Make Rule Absolute, It is hereby Ordered as follows: (1) The foreign judgment from the State of Texas filed and docketed at 2007- 3047 is hereby stricken with prejudice. (2) The writ of revival filed and docketed at 2012-2256 is hereby denied and stricken with prejudice. By the ou Thomas A. lacey, J. cc: ? Dean E. Reynosa, Esq. for Defendants/Petitioners ? Plaintiff c/o James E. Schmeckpeper, Esq., 523 S. Eighth St., Minneapolis, MN 55404 M C' p,es ma. 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