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Home My WebLink About14-3497 Our File No.: 351082 ` APOTHAKER& ASSOCIATES, P.C. BY: David J. Apothaker, Esquire 'l��.rt Attorney I.D.# 38423 � < � 520 Fellowship Road C306 �'( p f< Mount Laurel,NJ 08054 (800) 672-0215 Attorney for Plaintiff COURT OF COMMON PLEAS CAVALRY SPV I, LLC ) CUMBERLAND COUNTY Plaintiff, ) � U vs. > ouq NO. LAWRENCE E SMITH ) Defendant ) PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY- Kindly enter Judgment against LAWRENCE E SMI H, De endant(s) in the amount of $10237.06. David J. Apothaker, Esquire Attorney for Plaintiff Dated: 4/3/2014 �6 ��a G�c� � ,.CbMMOfJWEALTH OF PENNSYLVANIA Notice Of Judgment TPanlscript Civil COUNTY QF CUMBERLAND " rx Case Mag. Dist. No: MDJ-09-3-03 Cavalry SPVI, 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-0000043-2013 Apothaker&Associates, P.C. RE Case Filed: 3/22/2013 520 Fellowship Road, Suite C306 RECE OMC LI) Mount Laurel, NJ 08054 FEB 0 6 2014 Disposition Summary (cc-Cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09303-CV-0000043-2013 Cavalry SPVI, LLC Lawrence E Smith Default Judgment for Plaintiff 05/14/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Cavalry SPVI, LLC $0.00 $0.00 $0.00 Lawrence E Smith $0.00 $10,237.06 $10,237.06 Judgment Finding ("Post Judgment) In the matter of Cavalry SPVI, LLC vs. Lawrence E Smith on MJ-09303-CV-0000043-2013, on 5/14/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $10,075.56 $10,075.56 Filing Fees $0.00 $161.50 $161.50 Grand Total: $10,237.06 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. n . Dat / Mag is rial strict Judge Susan .Day ,:' rI certify that this is a true and correct copy of the record of the.proceedings co aimng t lu gment. Date Magister istrict Judge r j MDJS 315 Page 1 of 2 Printed:01/31/2014 10:36:13AM �w ICavalry SPVI', LLC Docket No.: MJ-09303-CV-0000043-2013 ��vvgrencve E Smith Participant List Private(s) David J.Apothaker, Esq. Apothaker&Associates, P.C. 520 Fellowship Road, Suite C306 Mount Laurel, NJ 08054 l `Plaintiff(s) -Cavalry -Cavalry SPVI_L-LCY�- 500 SUMMIT LAKE DRIVE, SUITE 400 _e_ r VALHALLA, NY 10595 ' CD f Defendant(s) j =' Lawrence E Smith 1123 Harrisburg Pike - Carlisle,PA 17013-1618 I . 1 MDJS 315 Page 2 of 2 Printed:01/31/2014 10:36:13AM Our File No.: 351082 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.. � JW7 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 t01114 Our File No.: 351082 CAVALRY SPV I, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. LAWRENCE E SMITH t- vriSbC� Pke, NO.: 14-3497 CIVIL Defendant(s) / 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 CARLISLE, PA 17013, Gariushee(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 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 $10237.06 Interest from May 14, 2013 $979.39 Minus Payments made -$ 0.00 Plus Costs $210.25 6bTotal $11426.70 00--� OL N 9,5 David J. Apothaker, Esquire .9S ( a,a5 Attorney for Plaintiff(s) S,pIJL �` C�f I1�7&1 of a SBF i THE COURT OF COMMON PLEAS o z CUMBERLAND COUNTY PA J " DAVID D.BUELL,PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 7750 (717)240-6195 www.ccpa.net CAVALRY SPV,I,LLC Vs. NO 14-3497 Civil Term CIVIL ACTION—LAW LAWRENCE E. SMITH WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against LAWRENCE E. SMITH, 1123 HARRISBURG PIKE, CARLISLE,PA 17013 Defendant(s) (1) you are directed to levy upon the property of the defendant(s)and to sell the defendant(s)interest therein; (2) you are also directed to attach the property of the defendant(s) not levied upon in the possession of CITIZENS BANKGARNISHEE(S), as garnishee, 665 NORTH EAST STREET, CARLISLE, PA 17013 (Specifically describe property) and to notify the garnishee that 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. (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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, (c) the attachment shall not include (i) the first$10,000 of each account of the defendant(s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant(s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant(s)with a bank or other financial institution that total$300 or less. If multiple accounts are attached,a total of$300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant(s) general exemption provided in 42 Pa.C.S. § 8123. 1 (3) if property of the defendant(s)not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $10,237.06 Plaintiff Paid Interest FROM MAY 14,2013-$979.39 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $60.25 Other Costs $210.25 Date: 12/31/14 �� David D. Buell,Prothonotary Deputy REQUESTING PARTY: Name : DAVID J.APOTHAKER,ESQUIRE Address: APOTHAKER SCIAN P.C. 520 FELLOWSHIP ROAD,C306 P.O. BOX 5496 MT. LAUREL,NJ 08054 Attorney for: PLAINTIFF Telephone: 1-800-672-0215 Supreme Court ID No. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF Fi-E $ 4FRIFF i n" 9 PH PENNSYLVANIA Cavalry SPV I, LLC vs. Lawrence E Smith Case Number 2014-3497 SHERIFF'S RETURN OF SERVICE 01/07/2015 03:15 PM - Jamie DiMartile, 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. The writ of execution and notice to defendant was mailed on January 8, 2015 to Lawrence E. Smith at 1123 Harrisburg Pike, Carlisle, PA 17013-1618. January 08, 2015 (c) CountySuile Sheriff, Teleosoft, Inc. JAMIE DIMARTILE, DEPUTY SO ANSWERS, BONN( R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CAVALRY SPV I, LLC, Plaintiff Vs. LAWRENCE E SMITH Defendant Vs. Citizens Bank of Pennsylvania, Garnishee CIVIL DIVISION C7) rn-cz) 14-3497 c.n 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 2005 Market Street, Suite 2600 Philadelphia PA 19103 (215) 564-8672 (215) 564-8120 fax ndeenis@stradley.com www.stradley.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION CAVALRY SPV I, LLC Plaintiff Vs. 14-3497 LAWRENCE E SMITH Defendant And Citizens Bank of Pennsylvania Garnishee. ANSWERS TO INTERROGATORIES OF GARNISHEE, CITI/hNS 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 deposit accounts in the name of the defendant Lawrence E. Smith. Accordingly, no funds are being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA SS: 14-3497 COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Bruce Mountjoy who being duly sworn ., according to the law deposes and says that he is the Legal Clerk, Operations Services, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of his knowledge, information, and belief. Sworn and subscribed before me this (A, day of , 2015. �� Vv Notary Pub, COMMONWEALTH OF PENNSYLV _...A NOTARIAL SEAL Data Wilkerson, Notary Public City of Pittsburgh, Allegheny 26, my My Commission Expires April , 2018 MEMBER, PENNSYLVANIA ASSOCIATION Of NOTARIES Bruce Mountjoy Certificate of Service I, Bruce Mountjoy, 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 day of () , 2015. DAVID J APOTHAKER, ESQ APOTHAKER SCIAN PC 520 FELLOWSHIP RD MOUNT LAUREL, NJ 08054 LAWRENCE E SMITH Bruce Mountjoy