HomeMy WebLinkAbout03-6353COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CO~IBER~ID
09 -3-04
THOMAS A. PLACEY
Ad~,~s: 104 8. 8PORTING HII.L RD.
MECHANI CSBURG, PA
(717) 761'8230 17050
EL PAC, INC.
P.O. BOX 11848
C/O I~IUPP, KODAK & II~BLUM
HARRISBITRG, PA 17108-1848
THIS IS TO NOTIFY YOU THAT:
Judgment:
~'~ Judgment was for: (Name)
entered
[-~ Judgment was entered against: (Name)
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAiNTiFF: NAME and ADDRESS
CEL PAC, INC.
P.O. BOX 11848
C/O KNUPP, KODAK & IMBLUM
~RISBURG, PA 17108-1848
VS.
DEFENDANT: NAME and ADDRESS
CLET~ 8 TALK PACKAGING, INC.
310 INDIAN CREEK DR
MECHANICSBURG, PA 17050-2528
~
Docket No.:
Date Filed:
CV-0000521-03
10/02/03
DEFAULT ~J-DGM~qT PLTF
RT, PAC, TN~
T,ET'S TA¥.W PACKA~TNG,
TNC.
in the amount of $
7, t89.. 39 on:
(Date of Judgment)
~'~ Defendants are jointly and severally liable.
~-~ Damages will be assessed on:
~'~ This case dismissed without prejudice,
[-~ Amount of Judgment Subject to
Attachment/42 Pa.C.S. § 8127 $
~ Portion of Judgment for physical
damages arising out of residential
lease $
(Date & Time)
Amount of Judgment $ 7,270.89
Judgment Costs $ 111.50
Interest on Judgment $ . O0
Attorney Fees $ . O0
Total $ 7,382.39
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$
$
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. yOIJ
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR 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,
' c;;ily~lt;is i~a%:rue~ col~ uf/'e reco~ings containing th
My commission expires first Monday of January, 2'304 . SEAL
AOPC315-03 DA~E PRINTED: 10/30/03 1:44=23 PM
KNUPP, KODAK & IMBLUM, P.C.
407 NORTH FRONT STREET
P.O. BOX 11848
HARRISBURG, PA 17108-1848
EL PAC, INC.,
Plaintiff
LET'S TALK PACKAGING, INC.
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL DIVISION - LAW
To LET'S TALK PACKAGING. INC.
You are hereby notified that on
following (Judgment) has been entered against you m
DATE:
the above-captioned case.
Judgment entered in the amoum of $7,382.39 .
Defendant(s)
,20__, the
Prothonotary
I hereby certify that the name and address of the proper person(s) to receive this notice is:
LET'S TALK PACKAGING, INC.
310 INDIAN CREEK DRIVE
MECHANICSBURG, PA 17050-2528
A_.Z LET'S TALK PACKAGING, INC. Defendido/a Defendidos/as
Por este medio se le esta notificando que el de del
20_, el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
FECHA:
Protonotario
Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado
de residencia:
LET'S TALK PACKAGING, INC.
310 INDIAN CREEK DRIVE
MECHANICSBURG, PA 17050-2528
Abogado del Demandante
EL PAC, INC. : In the Court of COMMON PLEAS of
Plaintiff : CUMBERLAND County, Pennsylvania
LET'S TALK PACKAGING, INC.
Defendant
COMMERCE BANK
Garnishee
NO. 2003-6353 CIVIL
CIVIL DIVISION -LAW
PRAECIPE TO DISSOLVE ATTACHMENT
TO THE PROTHONOTARY:
Please dissolve the attachment against Garnishee, Commerce Bank, in the above-captioned matter.
TO Cumberland County
Prothonotary
Dated: January 7, 2004
'"Robert 61 Kodak ....
Attorney I.D. No. '18041
Attorney for Plaintiff
PRAECIPE FOR
WRIT OF EXECUTION - (MONEY
P.R.C.P. 3101 to 3149
JUDGMENTS)
EL PAC INC.
IN THE COURT OF COF~qON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS
LET'S TALK PACKAGING,
310 INDIAN CREEK DRIVE
MECHANICSBURG PA 17050
Defendant (s)
INC.
Writ No.
No. 2003-06353 CIVIL
Amount due
InterestFROM DATE OF JUDG.
Atty'$ Comm.
and CostsTO BE DETERMINED$
Term 20
Term 2003
$ 7~382.39
(12/08/03)
$ 369.12
TO THE PROTHONOTARY OF SA. ID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of CLT~E~ County, Pennsylvania;
(2) against LET'S TALK PACKAGING, INC.
(3) and against CO~9~ERCE BANK
Defendant (s)
Garnishee (s),
(4) and index this writ
(a) against LET'S TALK PACKAGING,
and
(b) against CO~/~ERCE BANK
INC.
Defendant(s)
Garnishee(s),
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s)
as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for
real estate levy)
LEVXUPONALL~%LPROPEItT~OFA~&~E-LISTEDDEFE~DANT(S) A~A~OV~-LIS~ADDI%ESSA~D~%~NISH
C~ME~CEBANK, 100 SEN~TEAV~., CAM~ HILL PA 17011; DEPENDANT ACCT. #031301846 030019541 0RANY
0TH~RACCOUN~S UNDER DEF~NDAN~'SNAME. ~~
(5) Exemption has (not) been waived.
Dated 12/11/03
Robert D. Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Attorney For Plaintiff(s)
~ ~ o
r~
O~
0
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 03-6353 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due EL PAC INC., Plaintiff (s)
From LET'S TALK PACKAGING, INC., 310 INDIAN CREEK DRIVE, MECHAN1CSBURG,
PA 17050
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL
PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT ABOVE- LISTED
ADDRESS.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of COMMERCE BANK, 100 SENATE AVE., CAMP HILL, PA 17011 - DEFENDANT ACCT.
#031301846 030019541 OR ANY OTHER ACCOUNTS UNDER DEFENDANT'S NAME
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 otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, yon are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $7,382.39 L.L. $.50
Interest FROM DATE OF JUDG. (12/8/03)
Atty's Comm% $369.12 Due Prothy $1.00
Atty Paid $37.25 Other Costs
Plaimiff Paid
Date: DECEMBER 15, 2003
(Seal)
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 18041
CURTIS R. LONG
ro ono
Deputy
.F
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
Post Pone Sale
Garnishee
TOTAL
18.00
2.32
'.50
1.00
17.25
30.00
40.00
9.00
$ 118.07
Advance Costs: 150.00
Sheriff's Costs: 118.07
$ 31.93
Refunded to Atty on 01/28/04
Sworn and Subscribed to before me
This 3__~day
So Answers;
R. Thomas Kline, Sheriff
By Claudia A. Brewbhker
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 03-6353 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due EL PAC INC.. Plaintiff'(s)
From LET'S TALK PACKAGING, INC., 310 INDIAN CREEK DRIVE, MECHANICSBURG,
PA 17050
(1) You are directed to levy upon the property of the defendant Cs)and to sell LEVY UPON ALL
PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT ABOVE- LISTED
ADDRESS.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of COMMERCE BANK, 100 SENATE AVE., CAMP HILL, PA 17011 - DEFENDANT ACCT.
#031301846 030019541 OR ANY OTHER ACCOUNTS UNDER DEFENDANT'S NAME
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined frmn
paying any debt to or for the account of the defendant (s) and from delivering any property of the detkndant
(s) or othexwise disposing thereof;
(3) If property 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 him/her that he/she has been added as a
garnishee and is enjoh~ed as above stated.
AmoantDue $7,382,39 L.L. $.50
Interest FROM DATE OF JUDG. (12/8/03)
Atty's Corem% $369,12 Due Prothy $1.00
AttyPaid $37.25 Other Costs
Plaintiff Paid
Date: DECEMBER 15, 2003
(Seal)
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No, 18041
CURTIS R. LONG
Deputy
CHRISTOPHER M. FAIRCLOTH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 04-6353 CIVIL TERM
HOLLY J. FAIRCLOTH,
Defendant
CUSTODY
CUSTODY STIPULATION AND AGREEMENT
AND NOW, this 27th day of January, 2005, the parties, Christopher M. Faircloth and
Holly J. Faircloth hereby enter into the following Custody stipulation and Agreement regarding
their minor children, Emily Page Faircloth and Daulton Ray Faircloth.
I. The Plaintiff, Christopher M. Faircloth is an adult individual who resides at 100 Orchard Crest
Court, Gardners, Cumberland County, P A.
2. The Defendant, Holly J. Faircloth is an adult individual who had formerly resided at 100
Orchard Crest Court, Gardners, Cumberland County, P A, but for the past six weeks has been
residing at 5295 Arrowhead Trail, Baldwin, Michigan 49394.
3. The parties are the natural parents of two (2) children, namely, Emilee Page Faircloth born
November 4, 1997, and Daulton Ray Faircloth born February 19, 1999.
4. The parties agree to have shared legal custody of the said minor children.
5. If and when the Defendant/Mother returns to Cumberland County, Pennsylvania and resides
within the Carlisle School District, the parties shall equally share physical custody of the
children, as defined as, having physical custody of said children every other week.
6. Until DefendantIMother returns on a fulltime basis to Cumberland County, Pennsylvania,
Plaintiff/Father shall have physical custody of the children.
7. Defendant/Mother agrees to provide transportation during her period of custody from
PlaintifflFather's residence and to and from any and all scheduled activities for which the
children may be involved; Plaintiff/Father agrees to provide transportation during his period of
custody from Defendant/Mother's residence and to and from any and all scheduled activities for
which the children may be involved.
8. The parties shall provide for custody of said minor children during holidays, school vacations
and birthdays pursuant to their best interest.
9. The parties shall keep the other advised immediately in the event of serious illness or medical
emergency concerning the children. And shall take necessary steps to ensure that the health and
well being of the children are protected. During such illness or medical emergency, both parties
shall have the right to visit the children as often as he or she desires consistent with the proper
medical care of the children.
10. The parties shall not do anything that may estrange the children from the other party, or
injure the opinion of the children as to the other party, or hamper the free and natural
development of the children's love and affection for the other party.
11. The parties may make such alternate arrangements regarding the physical custody of the
children so long as they may mutually agree. The parties anticipate regularly varying from the
terms of this Stipulation in order to accommodate the schedules of each other and the children.
However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order
shall contro 1.
12. Any modification or waiver of any other provisions of this Agreement shall be effective only
if made in writing and only if executed with the same formality as this Stipulation and
Agreement.
13. The parties desire that this Stipulation land Agreement be made an Order of the Court of the
Court of Common Pleas of Cumberland County, and fmther acknowledge that the Court of
Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody
of the parties' minor children who has resided in Cumberland County for more than six months
and shall retain such jurisdiction should circumstances change and either party desires or
requires modification of said Order.
14. Neither party may remove the children from the jurisdiction of the Court of Common Pleas
of Cumberland County for reasons other than vacation or activity except upon further written
agreement or Order of the Court of Common Pleas of Cumberland County.
15. The parties acknowledge that they have read and understand the provisions of this
Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not
the result of duress or undue influence.
16. Each party has had an opportunity to consult independent legal counsel of his or her own
selection. Each party regards the terms of this Agreement as fair and equitable, and each has
signed it freely and voluntarily without relying upon any representation other than those
expressly set forth herein.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth
above, enter their hands and seals the date first set forth above.
WITNESSETH:
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