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HomeMy WebLinkAbout13-7691 COMMONWEALTH OF PENNSYLVANIA _ Notice Of Judgment/Transcript Civil 'COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -03 Cavalry SPV I, LLC MDJ Name: Honorable Susan K. Day V. Address: 229 Mill Street Lawrence E Smith P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 David J. Apothaker, Esq. Docket No: MJ- 09303 -CV- 0000034 -2013 Apothaker & Associates PC Case Filed: 2/26/2013 520 Fellowship Road Suite C306 CSEP Mount Laurel, NJ 08054 fir` r; Iv. ` �� 2 2013 � AL r p� Disposition Summary J'� Docket No Plaintiff Defendant Disposition , Dis &fition Date MJ- 09303 -CV- 0000034 -2013 Cavalry SPV I, LLC Lawrence E Smith Default Judgment for P-lalritiff, 06/0312013 Judgment Summary - _ Participant Joint/Several Liability Individual Liability Amount Cavalry SPV I, LLC $0.00 $0.00 $0.00 Lawrence E Smith $0.00 $9,119.20 $9,119.20 Judgment Detail ( *Post Judgment) In the matter of Cavalry SPV I, LLC vs. Lawrence E Smith on 6/03/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $8,923.07 $8,923.07 Filing Fees $0.00 $161.50 $161.50 Server Fees $0.00 $34.63 $34.63 Grand Total: $9,119.20 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 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 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. Date Magi eria District Judge Susan f. a certify that this is a true an correct copy o the record o the proceedings co tain 7:ZW4 1 l-y Date / District Judge a MDJS 315 Page 1 of 2 Printed: 06/06/2013 11:06:15AM '. ►3 �7�91 �.' v� i - TES - -1 - Cavalry SPV I, LLC ` Docket No.: MJ- 09303 -CV- 0000034 -2013 V. LawrpAce E Smith A Participant List Private(s) L a David J. Apothaker, Esq. r rn r n Apothaker & Associates PC v, rte— ) r 520 Fellowship Road Suite C306 C Y c7 CD Mount Laurel, NJ 08054 C G 7 c f Plaintiff(s) C:) = ?.n ..Cavalry SPV I; LLC - - - - - - — . _. A-4 T 500 Summit Lake Drive Suite 400 t� as Assignee of HSBC A Bank Nevada, N.A. /Orchard Bank Valhalla, NY 10595 Defendant(s) Lawrence E Smith 1123 Harrisburg Pike Carlisle, PA 17013 -1618 1 , 00 Pn p M04- W' led MDJS 315 Page 2 of 2 Printed: 06/06/2013 11:06:15AM t � e Our File No.: 351092 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: LAWRENCE E SMITH 1123 HARRISBURG PIKE CARLISLE, PA 17013 -1618 CAVALRY SPV I, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff ) vs. ) NO.: LAWRENCE E SMITH ) Defendant ) NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN ` JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION _ JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esquire at this telephone number: 800 - 672 -0215 .� C3VAoO Our File No.: 351092 CAVALRY SPV I, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff , , L; 3 AP, 13 Ali 11' 'r'``CUMBERLAND COUNTY, r' E"i3 E L;SYL4'r+ �1 l l7 Gt- i 1 PENNSYLVANIA LAWRENCE E SMITH 1 13 14 r'Le NO.: 13-7691 CIVILTERM C'ecrl�sie, PIA 170154018 pRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of CUMBERLAND County; (2) against LAWRENCE E SMITH, defendant(s); and (3) against CITIZENS BANK 665 NORTH EAST STREET CAMP HILL, PA 17011 and PNC BANK 105 NOBLE BLVD CARLISLE, PA 17013, Garnishee(s); (4) and index this writ in the judgment index (a) against LAWRENCE E SMITH, defendant(s),and (b) against CITIZENS BANK 665 NORTH EAST STREET CAMP HILL, PA 17011 and PNC BANK 105 NOBLE BLVD CARLISLE, PA 17013, as Garnishee(s), as a lis pendens against the real property of the defendant(s)in the name of Garnishee(s)as follows: Bank Attachment Only - All assets and accounts, including, but not limited to, bank accounts, brokerage firm accounts, stocks, cd's, insurance, safety deposit boxes, etc. (5) Amount Due $9119.20 Interest from June 03, 2013 $362.77 Minus Payments made -$ Plus Costs $260.25 Total $9742.22 a5 (3.F David J. Apothaker, Esquire ( 5 P� A-rl,� Attorney for Plaintiff(s) a as but,eo 0,L-t+ 9'&3t-tH - 24A,_ - oaqcrr? L\i' 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-7691 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAVALRY SPV I,LLC,Plaintiff(s) From LAWRENCE E.SMITH, 1123 Harrisburg Pike,Carlisle,PA 17013-1618 (1) You are directed to levy upon the property of the defendant(s)and to sell (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: CITIZENS BANK,665 N. East Street,Camp Hill,PA 17011 PNC BANK, 105 Noble Blvd,Carlisle,PA 17013 All assets and accounts,including, but not limited to,bank accounts,brokerage firm accounts, stocks,cd's,insurance,safety deposit boxes,etc. 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$9,119.20 Plaintiff Paid$ Interest from 6/3/13 -- $362.77 Attorney's Comm. % Law Library$.50 Attorney Paid$60.25 Due Prothonotary$2.25 Other Costs$260.25 Date: 3/13/14 David D.Buell,Prothonotary By: 1/_',,L - _ // 1/ . Deputy REQUESTING PARTY: Name : DAVID J.APOTHAKER,ESQUIRE Address: APOTHAKER& ASSOCIATES,PC 520 FELLOWSHIP ROAD C306 PO BOX 5496 MOUNT LAUREL,NJ 08054 Attorney for: PLAINTIFF Telephone: 856-780-1000 Supreme Court ID No.38423 4' SHERIFF'S OFFICE OF CUMBERLAND COUNTY 20 i i MAR 18 AM 10: CUMBERLAND COUNT' PENNSYLVANIA Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF CE 4Rl Cavalry SPV I, LLC vs. Lawrence E Smith Case Number 2013 -7691 SHERIFF'S RETURN OF SERVICE 03/14/2014 02:22 PM - Jason Kinsler, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Citizen's Bank, 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Tabitha Zarichansky, Personal Universal Banker, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. March 17, 2014 (c) County: uite Sheriff: Te!Eoso JASON PIJTY —/ 9 SO ANSWERS, RONNY R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F| ED CFF;CEI Sheriff Ur THE PROTHO1',1,0TAFCT' Jody S Smith Chief Deputy Richard W Stewart Solicitor **rC..zm'e�� 2011, MAR 18 8N|1: 1-5 CUMBERLAND NTy PENNSYLVANIA Cavalry SPV I, LLC vs. Lawrence E Smith Case Number SHERIFF'S RETURN OF SERVICE 03/14/2014 0317 PM - Jason Kinsler, Deputy, who being duly sworn according to |aw, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Brianna Nornho|d, Customer Service Repnaoantohvo, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 17, 2014 to Lawrence E. Smith at 1123 Harrisburg Pike, Carlisle, PA 17013-1618. JASON KINSL , DEPUTY SO ANSWERS, March 17, 2014 RON R ANDERSON, SHERIFF CountyStrite Sheriff, Teleoseft inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CAVALRY SPV I, LLC Plaintiff(s), vs. LAWRENCE E SMITH Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. CIVIL DIVISION 13 -7691 ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS 1 to 10) At the time of service of above - captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of Pennsylvania, states that it maintains no record of any deposit account in the name of the defendant, LAWRENCE E SMITH, accordingly, no funds are being held subject to this Writ of Execution. '71 cocAA COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Heather Zito who being duly sworn according to the law deposes and says that she is the Operations Clerk, Operations Services, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. 60_44,cur Sworn and subscribed before me this 02 day of i/Wc1C-1 , 2014. Ok- Qo otEUy Publi COMMONWEALTH OF PENNSYLVANIA rNotarial Seal My GommissInn Expires Sept 22, 2016 City of Pittsburgh, Allegheny County Nancy 1 Loy, Notary Public Ai,.MR:c1 OENNSYLIg.:41.A ASSOCIATION OF NOTARIES Heather Zito Certificate of Service I, Heather Zito, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this 25 day of MARCH 2014. DAVID J APOTHAKER, ESQ APOTHAKER & ASSOCIATES, PC 520 FELLOWSHIP RD MOUNT LAUREL, NJ 08054 Heather Zito IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CAVALRY SPV I, LLC, Plaintiff(s), VS. LAWRENCE E SMITH, Defendant(s), VS. Citizens Bank of Pennsylvania, Garnishee. CIVIL DIVISION 13-7691 Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax ndeenis@stradley.com www.stradley.com Our File No.: 351092 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 PO Box 5496 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CAVALRY SPV I, LLC Plaintiff vs. LAWRENCE E SMITH Defendant CITIZENS BANK Garnishee f'ILED -OF F10E IFE PROTHONOTARY 2014 APR 25 PH 12: 28 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 13-7691 CIVILTERM Civil Action PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishe , CITE ENS BANK, dissolved. David J. Apothaker, Esquire Attorney for Plaintiff 9. 6/. PI-A 3 os- --$ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F OFF Sheriff THE PRO THOM) (AV Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFIC4 QT 'THE k•SliERIFP �� OCT� �� �� a�����v�-�P All It: CUMBERLAND COUNTY PENNSYLVANIA Cavalry SPV 1, LLC vs. Lawrence E Smith Case Number 2013-7691 SHERIFF'S RETURN OF SERVICE 03/14/2014 02:22 PM - Jason Kinsler, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Citizen's Bank, 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Tabitha Zarichansky, Personal Universal Banker, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. 03/14/2014 03:17 PM - Jason Kinsler, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Brianna Nornhold, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 17, 2014 to Lawrence E. Smith at 11%3Harrisburg Pike, Carlisle, PA17O13'1S18. 10/002014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $145.65 SO ANSWERS, October 08, 2014 RONNYRANDERSON, SHERIFF (c) CountySuite Sheriff, Teleasoft, Our File No.: 351092 APOTHAKER SCIAN P.C. By: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 PO Box 5496 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CAVALRY SPV I, LLC Plaintiff vs. LAWRENCE E SMITH Defendant PNC BANK Garnishee ) ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 13-7691 CIVILTERM ) ) Civil Action ) ) ) ) ) ) PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, PN B • K, dissolved. David J. Apothaker, Esquire Attorney for Plaintiff 03\46°1.56 p(s) a� I 1LOAOS 3i a ASN 2