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HomeMy WebLinkAbout13-2221 KEEFER WOOD ALLEN & RAHAL, LLP TH }� i'RO THp O Eugene E. Pepinsky, Jr., Esquire Attorney I.D. No. 23702 2013 AP 23 APB 11 Donald M. Lewis III, Esquire Attorney I.D. No. 58510 C"'BE'RL A RQ Harrisburg, Walnut 17108-1963 11963 P"14S YLVA P A (717) 255 -8051 and 255 -8038 epepinsky@keeferwood.com dlewis @keeferwood.com Attorneys for plaintiff PENNSY SUPPLY, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. No. c:� `U I RANDALL W. SMITH, Defendant PRAECIPE FOR ENTRY OF JUDGMENT TO: David D. Buell, Prothonotary: Please enter judgment in favor of Plaintiff and against Defendant in the amount of $2,713.00, plus interest at the legal rate of six percent (6 %) per annum, plus judgment costs of $161.69 for a total judgment in the amount of $2,874.69, on exemplified record from the Court of Common Pleas of Dauphin County, Pennsylvania, certified copy attached hereto. KEEFER WOOD ALLEN & RAHAL, LLP Dated: April 22, 2013 By 6 9 A - aTM. — Lewis III OL - 9S SC( �� ma t I&I 31n The Court of Common VYeaz of Manpbin Countp, Vennoptbonia Pennsy Supply VS. No. 2011 -CV- 09387 -NT Randall W. Smith CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT 1, the undersigned Prothonotary of the Court of Common Pleas of Dauphin County, Pennsylvania, do hereby certify that the attached is a full, true and correct copy of the docket entries in the above captioned case. I further certify that judgment was entered in favor of Pennsy Supply, Plaintiff and against Randall W. Smith, Defendant on September 29, 2011 in said case in the amount of $2,713.00 plus costs. 31n Teotimoup Vbereof, I have hereunto set my hand and affixed the s 1 f the Court, on Monday, April 22, 2013. Prothonotry /1 a By: _ Deputy Date: 4/22/2013 Dauphin County User: AWELCOMER Time: 02:13 PM Complete Case History Page 1 of 2 Case: 2011 -CV- 09387 -NT Pennsy Supplyvs.Randall W Smith Filed: 9/29/2011 Subtype: Notes Physical File: Y Appealed: N Comment: Status History Pending 9/29/2011 Pending / Judgment 9/29/2011 Judge History Date Judge Reason for Removal 9/29/2011 No Judge Current Payments Receipt Date Type Amount Keefer Wood Allen & Rahal 261496 9/29/2011 Civil Filing 25.50 294066 4/22/2013 Miscellaneous 26.25 Exemplified Record 26.25 Total 51.75 Miscellaneous Receipts Receipt Date 294066 4/22/2013 Exemplified Record 26.25 Sum: 26.25 Plaintiff Name: Pennsy Supply SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Defendant Name: Smith, Randall W SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Register of Actions 9/29/2011 New Civil Case Filed This Date. No Judge, Filing: Judgment - DJ Paid by: Keefer No Judge, Wood Allen & Rahal Receipt number: 0261496 Dated: 9/29/2011 Amount: $25.50 (Check) For: Smith, Randall W (defendant) Date: 4/22/2013 Dauphin County User: AWELCOMER Time: 02:13 PM Complete Case History Page 2 of 2 Case: 2011 -CV- 09387 -NT Pennsy Supplyvs s- Randall W Smith Register of Actions 9/29/2011 Transcript of Judgment from the Docket of No Judge, Lavon A. Postelle, Magisterial District Judg 8/22/11. Judgment for $2713.00 Entered At 1:36 p.m. Stephen E. Farina, Prothonotary District Justice Costs $161.69 6/22/2012 Notice, filed. No Judge, 4/22/2013 Miscellaneous Payment: Exemplified No Judge, Record Paid by: Keefer Wood Allen & Rahal Receipt number: 0294066 Dated: 4/22/2013 Amount: $26.25 (Check) Judgment Order date In Favor Of Disposition Judgment 09/29/2011 Plaintiff 09/29/2011 Open MDJ Judgment Comment: 2713.00 Plaintiff: Pennsy Supply Defendant: Smith; dall W AP I hereby certify that the f re ing is a true corrict cdp ' of e ' igir}al filed. Prothonot�rylCierk of C arts MCC, led PENNSY SUPPLY, INC., IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V . No. 2011 -CV-93 87-NT .�yy RANDALL W. SMITH, Defendant NOTICE y TO: Randall W. Smith Smith Landscape Construction 1602 Bridge Street, New Cumberland, PA 17070 You are hereby notified that on August 22, 2011, the following Judgment was entered against you in the above - captioned case, and was docketed in the Court of Common Pleas on September 29; 2011: In the amount of $2,713.00, plus judgment costs of $161.69 for a total jud ent in the amount of $2,874.69. Date: June 22, 2012 — Prothonotary I hereby certify that the names and addresses of the persons to receive this notice are: Randall W. Smith Smith Landscape Construction 1602 Bridge Street New Cumberland, PA 17070 KEEFER WOOD ALLEN & RAHAL, LLP Dated: June 22, 2012 By ewis III ttorney I.D. #58510 210 Walnut Street i hereby ceruly Iriat toe torehodng is a P.O. Box ] 1963 true and correct;copy of the original Harr isburg, PA 17108 -1963 filed. (717) 255 -8038 Iva d- • fi a Attorneys for Plaintiff �rntPso!� tart' " . COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OR DAUPHIN CIVIL.CASE Meg. Dist. No.: I V PLAINTIFF: NAME aid ADDRESS 12-2 - rPENNSY SUPPLY MDJ Name: Hon. P. BOX 3 LAVON A. POSTELLE HARRISBURG, PA 171 = - Address: 1.300 ROLLESTON ST L- C M o J HARRISBURG, PA VSO- - - • - �-, DEFENDANT: AisndA&& rirn Z, Telephone: (717 ) 234 - 0949 17104 rRANDALL W SMITH 1602 BRIDGE sTREET L a ATTORNEY FOR PLAINTIFF NEW CUMBERLAND, PA 1Q070— L LEWIS III, DONALD M 210 WALNUT STREET Docket No.: CV- 0000178 -11 KEEPER WOOD ALLEN & RAHAL Date Filed: 5/02/11 HARRISBURG, PA 17108- 1963 THIS IS TO NOTIFY YOU THAT: V 00 � AJ7 Judgment: FOR PLAINTIFF (Date of Judgment) 8/22 ® Judgment was entered for: (Name) PENNSY SUPPLY, ® Judgment was entered against: (Name) RANDALL W SMITH in the amount of $ 2, 874.6 Amount of Judgment $ 2,713.00 El Defendants are jointly and severally liable, Judgment Costs $ 161.69 Damages will be assessed on Date & Time Interest on Judgment $ Attorney Fees $ This case dismissed without prejudice. Total $ 2 874.69 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post Judgment Credits $ $ Post Judgment Costs $ Portion of Judgment for physical damages arising out of residential lease $ 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. YOU 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 MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF CO PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTE141AL 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. I hereby' Ceruly il ia, ule TOtegoi is true and correct copy of the original filed. APR 2 2 2013 amthn tary ( _ Date Magisterial I cert' tha this is a true r c co f the re or t proce i s containing them�rjt Date , Magisterlal;Di ri 2016 My commission expires first Monday of January, SEI AOPC 315 -07 DATE PRINTED-. 8/22/ 1.:21:0 0 PM �' - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-2221 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PENNSY SUPPLY,INC., Plaintiff(s) From RANDALL W. SMITH, 1602 Bridge Street,New Cumberland,PA 1.7070 (1) You are directed to levy upon the property of the defendant(s)and to sell all personal property of defendant located at 1602 Bridge Street,New Cumberland,PA 17070 (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 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,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$2,713.00 Plaintiff Paid$ Interest at 6% from 8/22/11 Attorney's Comm. % Law.Library$.50 Attorney Paid$87.50 Due Prothonotary$2.25 Other Costs$161.69 Date: 4/25/13 David D. Bile<Pro onotary (.`Seal) F By: Deputy REQUESTING PARTY: Name : DONALD M. LEWIS III,ESQUIRE Address: .KEEFER WOOD ALLEN&RAHAL,LLP 210 WALNUT STREET PO BOX 11963 HARRISBURG,PA 17108-1963 Attorney for:PLAINTIFF Telephone: 717-255-8038 Supreme Court ID No. 58510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV@IA CIVIL DIVISION ce PRAECIPE FOR WRIT OF EXECUTION %v PENNSY SUPPLY, INC., r Confessed Judgment ��... t�3Z' ...4 a Plaintiff ❑✓ Other vs. File No. 13-2221 Civil ,`i r. RANDALL W. SMITH, Amount Due $2,713.00 ` Defendant Interest at 6% from 8/22/11 " Address: Atty's Comm 1602 Bridge Street Costs $161.69 New Cumberland,PA 17070 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract,or account based on a confession of judgment,but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County,for debt,interest and costs,upon the following described property of the defendant(s) All personal property of defendant located at 1602 Bridge Street,New Cumberland, PA . 17070. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County,for debt,interest and costs,as above,directing attachment against the above-named garnishee(s)for the following property (if real estate,supply six copies of the description;supply four copies of lengthy personalty list) and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s). (Indicate)Index this writ against the garnishee(s)as a lis pend defendant(s)described in the attached exhibit. ate April 24, 2013 Signature: Print Name: Wald M. Lewis III 4 aS•5© Pb A-FrY Address: 210 Walnut St., P.O. Box 11963 a5.5o e�F 33 5D Harrisburg, PA 17108-1963 87.5D _ pp ��1-�/ Attorney for: Plaintiff Telephone: (717) 255-8038 Supreme Court ID No: 58510 0`1,0`15 Due W 50 L.L C q(a)la � # aa9(O-33 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ;LED-O � C(— lr I- E PRDTUD D1 ' i Sheriff ��M1�t� �t €rarabrr„ Jody S Smith 2Of'3 MAY _7 PM 33: Chief Deputy fi CUMBERLAND COUNTY Richard W Stewart w `��`- Solicitor ' _ ` PENNSYLVANIA Pennsy Supply, Inc. Case Number vs. 2013-2221 Randall William Smith SHERIFF'S RETURN OF SERVICE 05/01/2013 04:30 PM -Shawn Gutshall, Deputy , being duly sworn according to law, states that on May 01, 2013 at 4:30 PM hours, served the requested Writ of Execution and Claim for Exemption Form by"personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Randall William Smith at 1602 Bridge Street, New Cumberland Borough, New Cumberland, PA 17070, and informed.Defendant of contents of same. NO LEVY COMPLETED AT THIS TIME; DEFENDANT REFUSED TO ALLOW DEPUTIES TO ENTER, STATING HE WAS IN THE PROCESS OF FILING FOR BANKRUPTCY. 05/06/2013 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as STAYED. Defendant filed for bankruptcy(along with wife Karen)-Chapter 13-case number 1:13-bk-02386. SHERIFF COST: $61.57' SO ANSWERS, May 06, 2013 RbNrrY R ANDERSON, SHERIFF i'1363 (c)CountySulte Sheriff,Teleosoft,Inc.