HomeMy WebLinkAbout13-5369 � 5310 9
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ- 09 -2 -02 Shane Kilmore dba Goin' Postal Carlisle
MDJ Name: Honorable Jessica Brewbaker V
Address: 18 North Hanover Street, Suite 106 Ken Smith
Business Central Building
Carlisle, PA 17013
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Telephone: 717 - 240 -6564,
Shane Kilmore dba Goin' Postal Carlisle
419 E. High St Docket No: MJ- 092020 , 53 -T3
Carlisle, PA 17013 Case Filed: 411212019r- _ - ro
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Disposition Summary
Docket No Plaintiff Defendant Disposition Disposition Date
MJ- 09202 -CV- 0000053 -2013 Shane Kilmore dba Goin' Postal Ken Smith Judgment for Plaintiff 06/28/2013
Carlisle
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Ken Smith $0.00 $897.13 $897.13
Shane Kilmore dba Goin' Postal Carlisle $0.00 $0.00 $0.00
Judgment Detail ( *Post Judgment)
In the matter of Shane Kilmore dba Goin' Postal Carlisle vs. Ken Smith on 6/28/2013 the judgment was awarded as follows:
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $779.15 $779.15
Filing Fees $0.00 $117.98 $117.98
Grand Total: $897.13
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 COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENTITRANSCRIPT 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 COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL 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.
qJ LMA t OL
Date Mag terial District Judge Jessica Brewbaker
certify that this is a true and correct copy of the cor o the procee ings contai ng t e Iu gment.
Date M ister I District Judge w _
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MDJS 315 Page 1 of 2 Printed: 06/28/2013 3:04:35PM
Shane Kilmore dba Goin' Postal Carlisle
V. Docket No.: MJ- 09202 -CV- 0000053 -2013
Ken Smith
Participant List
Plaintiff(s)
Shane Kilmore dba Goin' Postal Carlisle
419 E. High St
Carlisle, PA 17013
Defendant(s)
Ken Smith
55 Fairfield Street
Carlisle, PA 17013
MDJS 315
Page 2 of 2
Printed: 06/28/2013 3:04:35PM
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIIPE FOR WRIT OF EXECUTION
I I . : ❑ Confessed Judgment
Plaintiff ❑ Other
13 -s 36 C;v,•I
VS. File No.
1 Amount Due
Defendant Interest
Address: S� r �1� Sj/� Att s Comm q 'r-
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SlG P A -013 Costs �s> , CD C,
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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
County, for debt, interest and costs, upon the following described property of the defendant (s)
P ef Pra r�
PRAE E 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 garnishees) 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 penden against real estate of the
defendant(s) described in the attached exhibit.
Date /� 1 Signature:
Print Name: S�a,.e j .) wto
Address: gig C AA S�-
CC,f I ; Sk P�, 1
a� Sa /0' 4d Attorney for:
Telephone:
,5 � �� Supreme Court ID No:
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WRIT OF EXECUTION and /or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 13 -5369 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION — LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Shane Kilmore dba Goin' Postal Carlisle Plaintiff (s)
From Ken Smith
55 Fairfield St.
Carlisle, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY
(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 $897.13 Plaintiff Paid $59.75
Interest $
Attorney's Comm. % Law Library $
Attorney Paid $ Due Prothonotary $2.25
Other Costs $
Date: Sept. 11, 2013
-sl �
David D. Buell, Prothonotary
By:
Deputy
REQUESTING PARTY:
Name: Shane Kilmore
Address: 419 E. High St.
Carlisle, PA 17013
Attorney for:
Telephone: 717- 713 -4148
Supreme Court ID No.
F3 ° i PROT'HONL i �.
W3 SEP I 1 PM 1: 32
CU �� P3�JSYLVt3 COUNTY
$13, 53 - 75 W-/O
STIPULATION AGAINST LIENS
JEREMY A. GROH and MYLA J GROH In the Court of Common Pleas of
Owner Cumberland County, Pennsylvania
LANDMARK BUILDERS INC Docket Number Term 2013
Contractor
Page Number
Whereas, LANDMARK BUILDERS INC ( "Contractor") of 1737 W MAIN STREET
EPHRATA PA 17522 , has entered into a contract with JEREMY A. GROH and MYLA J
GROH ( "Owners ") of 104 MONARCH LANE, Mechanicsburg, PA 17050, for the erection or
construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 104
MONARCH LANE, WALNUT POINT LOT #78, Silver Spring Township, Cumberland County,
Pennsylvania, described in Exhibit "A" hereof, of which Owners are the title holders of record;
and
Whereas, it is the intention of Owners and Contractor that neither said lot of ground nor
the improvements erected or to be erected thereon shall be subject to a lien for debts due by
Owners to Contractor or by Contractor to any subcontractor for labor or materials furnished in
the said erection or construction, and that the right of anyone to claim any such lien be waived 1
hereby. �6 gy Oq a
Now this agreement, witnesseth: That Contractor, for and in consideration of the contract
aforesaid and the considerations mentioned thereunder, as well as the further consideration of
One Dollar ($1.00) to it in hand paid by the Owners at or before the sealing and delivery of these
presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby,
does hereby covenant, promise and agree, for Contractor and any and all subcontractors,
materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien
or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the
building, improvements, lot of ground or any part hereof, or the curtilage or curtilages
appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to
and hold Contractor personally liable for all subcontracts, materials furnished and work and labor
done.
And this agreement, waiving the right of lien by anyone, shall be an independent
covenant and shall operate and be effective with respect to work done and materials furnished
under any supplemental contract for extra work in the erection, construction and completion of
the building as well as to any work and labor done and materials furnished under the contract
aforesaid.
And, in order to give the Owners full power and authority to protect Owners and the
building, improvements and lot of ground, against any and all claims filed by Contractor or
anyone acting under or through Contractor in violation of the foregoing covenant, Contractor
hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the
Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common
Pleas as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and
expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim,
liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name
of any one or more of them against the building, improvements, lot of ground or any part thereof,
and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference
to the Court, Term and Number in which this instrument shall have been filed shall be a
sufficient exhibit of the authority herein contained to warrant such action, and the Contractor
does hereby remise, release, and quit claim all rights and all manner of errors, defects and
imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the
same.
Witness our hands and seals the day and year aforesaid.
Signed and sealed in the presence of:
J MY GROH
MYLA J 60H
LANDMARK BUILDERS INC
By:
SHANNON POPOLIS
liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name
of any one or more of them against the building, improvements, lot of ground or any part thereof,
and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference
to the Court, Term and Number in which this instrument shall have been filed shall be a
sufficient exhibit of the authority herein contained to warrant such action, and the Contractor
does hereby remise, release, and quit claim all rights and all manner of errors, defects and
imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the
same.
Witness our hands and seals the day and year aforesaid.
Signed and sealed in the presence of:
JEREMY A. GROH
MYLA J GROH
LAND ARK BUIL INC
By:
/ HA NN NN O L
File No. PCT 1792
ALL THAT CERTAIN lot or tract of land situate in Silver Spring Township, County of
Cumberland, Commonwealth of Pennsylvania, being more fully bounded and described as
follows, to wit:
BEGINNING at a point on the western right -of -way line of Monarch Lane, said point being
located South thirty -four degrees, twenty -six minutes, thirty seconds West (S34° 26'30" 99 a
distance of one hundred seventy feet (170.00) to a point from the terminus of a curve connecting
the western right -of -way line of Monarch Lane with the southern right -of -way line of Stone Run
Drive; thence from said point of Beginning by the western right -of -way line of Monarch Lane
South thirty -four degrees, twenty -six minutes" thirty seconds West (S 34° 26'30" W), a distance
of ninety feet (90.00) to a point; thence by the line of Lot No. 77 North fifty -five degrees, thirty -
three minutes, thirty seconds West (N 55° 33' 30" W), a distance of one hundred sixty -two and
ten hundredth feet (162.10 ) to a point; thence by land now or late of M. John and Lloyd J. Edris
North thirty -five degrees, zero minutes, zero seconds West (N 35° 00' 00" W), a distance of
ninety feet (90.00) to a point; thence by Lot No. 79 South fifty -five degrees thirty -three minutes,
thirty seconds East (S 55° 33' 30" E), a distance of one hundred sixty -one and twenty -three
hundredth feet (161.23') to a point, the place of Beginning.
Said tract contains 14,549.83 square feet or 0.3340 acres.
Being a portion of that tract of land which M John and Lloyd J. Edris conveyed unto Harold
Stoner as recorded in the Office of the Recorder of Deeds of and for Cumberland County in
Record Book 138 Page 518 and being Lot No. 78 as shown on a Final Subdivision Plan for
Walnut Point, Phase ill for Harold Stoner, as recorded in the Office of the Recorder of Deeds of
and for Cumberland County in Plan Book, 93 Page 73
Subject to any and all conditions, easements and /or on the above referenced plan.
BEING PART OF THE SAME PREMISES which Lloyd J. Edris and Shirley M. Edris, his
wife, conveyed unto Harold D. Stoner and Marilyn L. Stoner, his wife, by deed dated April 26,
1996 and recorded May 1, 1996, in the Recorder's Office in and for Cumberland County, PA in
Record Book 138, Page 518.
AND THE SAID Harold D. Stoner died January 4, 2013, whereupon title vested into Marilyn L.
Stoner by the rights of survivorship.
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OFFIC.E; OF WE: SA4.:RIFP
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PENNSYLVANIA
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Shane DK]knmad/b/a Goin Postal Carlisle
Kenneth W. Smith
Case Number
2013-5369
SHERIFF'S RETURN OF SERVICE
09/102013 03:58 PM Shawn GutshallDeputy being duly law, states that on September 18,
2013 at 3:58 PM hours, served the requested Wrof 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: Kenneth W. Smith at 55 Fairfield Street, South Middleton Township, Codis|e, PA 17013. informed
Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy
mailed to attorney and letter mailed to defendant on September 19, 2013.
10/08/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as SATISFIED. Defendant paid plaintiff directly.
SHERIFF COST: $86.81 SO ANSWERS,
October 08, 2014 RONNYRANDERSON, SHERIFF
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