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 �
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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
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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
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Pn p
M04- W' led
MDJS 315 Page 2 of 2 Printed: 06/06/2013 11:06:15AM
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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
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