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Home My WebLink About10-0417 THIS IS AN ASSESSMENT GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 n C rr' r rk CJ .? lf- Cavalry Portfolio Services, LLC as Assignee of Cavalry SPV I, LLC as Assignee of Ford Credit US 7 Skyline Drive Hawthorne, NY 10532 VS. RANDALL L SMITH 16 RAYS DRIVE NEWVILLE PA 17241 and DEBORAH R SMITH 17 SANDERS CIRCLE CHAMBERSBURG PA 17201 2039487 ARBITRATION MATTER. OF DAMAGES HEARING REQUIRED. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 1b- 417 ENTRY OF APPEARANCE, ORDER FOR JUDGMENT AND ASSESSMENT OF DANA MS (FOREIGN JUDGMENT PROCEEDINGS) TO THE PROTHONOTARY: N a ? u -71 7 5 C..) cD &"Irr" Kindly enter my appearance for the plaintiff in the above matter, enter judgment in favor of the plaintiff and against the Defendant(s), on the foreign judgment entered in the State of Pennsylvania for the County of Franklin for monetary damages, a duly authenticated copy of the judgment being filed herewith, and assess damages as follows: Amount of Foreign Judgment $16,114.67 Costs Attorney Fees , Real Debt $16,114.67 GORDON & WEINBERG, P.C. BY: FREDERIC I. WL;AERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff D s A sese Above Pro-Prothonotary 42p . oo PQ ATr`/ Cvv toll to I pjtda(o y12PT 2o;q?g? COMMONWEALTH OF PENNSYLVANIA, SS. COUNTY OF FRANKLIN I, Linda L. Beard, Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein ........................... ...................Cavalry. P.ortZalio..ServIces. LI.C. et.al......... . Plaintiff, and ......Randall. A... Sptttb. eild. Ae QrAh .>,,..amith ........ Defendant, so full and entire as the same remains of record before the said Court, as No...200.7.-3517. . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court, this December, 1,, _200 ........ ....... C0.5dw-.......... Prothonotary I Douglas W. Herman ...... President Judge of the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, do certify that Linda L. Beard, Prothonotary, by whom the annexed record, certificate and attestation were made and given, and who, in her own proper handwriting, thereunto subscribed her name and affixed the seal of the Court of Common Pleas of said County, was at the time of so doing and now is Prothonotary in and for said County in the Commonwealth of Pennsylvania, duly commissioned and qualified; to all of whose acts, as such, full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere+ce id record, certificate and attestation are in due form of law and made by the proper offi. . .` . ........... ...... President Judge COMMONWEALTH OF PENNSYLVANIA, SS. COUNTY OF FRANKLIN I, Linda L. Beard, Prothonotary of the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, do hereby certify that the Honorable ...Douglas W. Herman bywhom the foregoing attestation was made, and who has hereunto subscribed his name, was at the time of making thereof and still is President Judge of the Court of Common Pleas, in and for said County, duly commissioned and qualified; to all whose acts, as such, full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court, this ...... ?.? .. day of . Aege;fthgT....... A.D.1IIS.2Q09 Prothono-t-atry- b W:ri :G O O 0 m ti ,b co co 4 g+ :rt aQ w y :Wt :a a,..o O 0 *- • c K7 w F- 1-- :0 m TV -4 J'h .0 a M a p, rt :m rr .n cn r : . a ?m0 rT :rt W:o H m rti r+ : G :a bo TD 0 r-4 0.0 m :O v w .n O : . r r t-h : 12009 Franklin 116.34120 County Prothonotary's Office Page 1 , PY,'510 C ivil Case Print ,?007-03517 CAVALRY PORTFOLIO SERVICES LLC (vs) RANDALL L SMITH ET AL Reference No..: Filed......... 10/03/2007 Case T,rpe..... : COMPLAINT Time.......... 11:01 Judgment.;.... 00 Execution Date 0/00/0000 Judge Assigned: VAN HORN CAROL L Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------- Case Comments -- ----------- Higher Crt 1.: Higher Crt 2.: ****************************** ************************************************** General Index Attorney Info CAVALRY PORTFOLIO SERVICES LLC PLAINTIFF WEINBERG FREDERIC I 7 SKYLINE DRIVE HAWTHORNE NY 10532 CAVALRY SPV I LLC ASSIGNEE WEINBERG FREDERIC I 7 SKYLINE DRIVE HAWTHORNE NY 10532 FORD CREDIT US ASSIGNEE WEINBERG FREDERIC I 7 SKYLINE DRIVE HAWTHORNE NY 10532 SMITH RANDALL L DEFENDANT 17 SANDERS CIRCLE CHAMBERSBURG PA 17201 ATTEST A ,T,,.RUE COPY SMITH DEBORAH R . DEFENDANT 17 SANDERS CIRCLE CHAMBERSBURG PA 17201 F & M TRUST GARNISHEE LINDA L. BE D, PR NOTARY 10 870 NORLAND AVENUE CHAMBERSBURG PA 17201 Judgment Index Amount Date Desc SMITH RANDALL L 16,114.67 12/05/2007 JUDGMENT SMITH DEBORAH R 16,114.67 12/05/2007 JUDGMENT SMITH RANDALL L 17,245.54 1/29/2009 WRIT OF EXECUTION SMITH DEBORAH R 17,245.54 1/29/2009 WRIT OF EXECUTION F & M TRUST 17,245.54 1/29/2009 WRIT OF EXECUTION F & M TRUST 3/23/2009 DISSOLVE ATTACHMENT ****************************** ************************************************** * Date Entries ****************************** ************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 10/03/2007 COMPLAINT IN CIVIL ACTION WITH COPIES FILED AND COPIES TO SHERIFF AND COPY S ENT TO ATTORNEY. ------------------ 015 Image page(s) exist(s) for this entry ------------------------------------------------- 10/25/2007 SHERIFF'S RETURN: COMPLAINT SERVED ON RANDALL L AND DEBORAH R SMITH DEFENDANTS ON OCTOBER 12TH 2007. ------------------ 002 Image page(s) exist(s) for this entry ------------------------------------------------- 12/05/2007 PRAECIPE FOR JUDGMENT AGAINST THE DEFENDANTS IN THE AMOUNT OF $16,114.67 WITH CO PIES FILED AND SENT TO DEFENDANTS AND ATTORNEY. ------------------ 006 Image page(s) exist(s) for this entry ------------------------------------------------- 12/05/2007 NOTICE OF ENTRY OF JUDGMENT SENT VIA REGULAR MAIL TO DEFENDANT(S). ------------------ 001 Image page(s) exist(s) for this entry ------------------------------------------------- 1/29/2009 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)AGAINST DEFENDANTS & GARNISHEE IN AMOUNT OF $17245.54 FILED AND COPY RETURNED TO ATTY. WRITS OF EXECUTION PREPARED AND SENT TO SHERIFF FOR SERVICE. 010 Image page(s) exist(s) for this entry ------------------ 3/09/2009 INTERROGATORIES IN ------------------------------------------------- ATTACHMENT FILED WITH COPY RETURNED TO F & M TRUST GARNISHEE. ------------------ 002 Image page(s) exist(s) for this entry ------------------------------------------------- 1106.3412012009 Franklin County Prothonotary's Office Page 2 PYa510, " Civil Case Print 2007-03?i17 CAVALRY PORTFOLIO SERVICES LLC (vs) RANDALL L SMITH ET AL Reference No... Filed......... 10/03/2007 Case Type...... COMPLAINT Time.......... 11:01 Judgment...... 00 Execution Date 0/00/0000 Judge Assigned: VAN HORN CAROL L Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: 3/23/2009 PRAECIPE TO DISSOLVE ATTACHMENT WITH F & M TRUST AS GARNISHEE FILED AND COPIES RETURNED TO ATTY. 001 Image page(s) exist(s) for this entry ------------------------------------------------------------------- 4/23/2008 SHERIFF'S RETURN: WRIT OF EXECUTION WAS SERVED UPON GARNISHEE F & M TRUST ON MARCH 2 2009 FILED. 001 Image page(s) exist(s) for this entry - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beq*Bal***Pymts/Adj End Bal ******************************** **** ****** ******************************* TAX ON CMPLT .50 .50 .00 DISC 5.00 5.00 .00 COMPLAINT/ JCP 10.00 10.00 .00 COMP-AUTO FEE 5.00 5.00 .00 EXEMPLIFICATION 21.00 21.00 .00 COMPLAINT FILED 60.00 60.00 .00 JUDG/DEFAULT 14.00 14.00 .00 WRIT OF EXEC 21.00 21.00 .00 DISCONTINUANCE 8.00 8.00 .00 -------------- 144.50 ---------- --- 144.50 --------- .00 ******************************************************************************** * End of Case Information ******************************************************************************** 0 S a .1 i GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 61894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Cavalry Portfolio Services, LLC as Assignee of Cavalry SPV I, LLC as Assignee of Ford Credit US VS. /RANDALL L SMITH and J DEBORAH R SMITH COURT OF COMMON FRANKLIN COUNTY C-1 ,EA#' DOCKET NO. : 2007-3517 PRAECIPB OR JUDGMENT ti n7 c? cn • ?` lJ r -- _. -? v T The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendants, RANDALL L SMITH and DEBORAH R SMITH, and assesses the damages as per statement below. FREDERIC I. WEIN R , ESQUIRE JOEL M. FLINK, E IRE Attorney for Plaintiff Principal $13,624.61 Interest from 6/15/04 @5% $2,353.51 Costs (Complaint & Service) $136.55 $16,114.67 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. FREDERIC I. WEI E ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: r AND NOW, this J day of 2007 Judgment is entered in favor of the plaintiff(s) and against defendantS, for want of an answer and damages assessed at the sum of $16,114.67 as per the above certification. Total: ATTEST A TRUE COPY Prothon ar . pR ONOTARY A lkg LINDA L. BE It SVI3V3 IN3I3 No SYI3Y3 3H13S ? oua Ls3H3INI Ts 49 Dqq 'SOOTAIOS g4TMS -d gszogaa pus L9''7119T$ LO/SO/ZT LTS£-LOOZ luoul$pnr 41n83aQ OTToTZaod AZTsnsO g3TmS 'Z TTEPueU .LNnOYHv IN3LIIoanf xv3A WH3I ON Nall 3O SSIINIV'Id INYQN333a 30 3IYQ 31InivN SZIH LN:g X3GNI .LAIHW'D(Iflf GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Cavalry Portfolio Services, LLC as Assignee of Cavalry SPV I, LLC as Assignee of Ford Credit US 7 Skyline Drive Hawthorne, NY 10532 VS. RANDALL L SMITH 16 RAYS DRIVE NEWVILLE PA 17241 and DEBORAH R SMITH 17 SANDERS CIRCLE CHAMBERSBURG PA 17201 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he is the Attorney for the Plaintiff in the above captioned matter; that the defendants and the last known address of the defendant(s) is RANDALL L SMITH, 16 RAYS DRIVE, NEWVILLE PA 17241 AND DEBORAH R SMITH, 17 SANDERS CIRCLE, CHAMBERSBURG PA 17201 and the plaintiff's last known address is Cavalry Portfolio Services, LLC as Assignee of Cavalry SPV I, LLC as assignee of Ford Credit US, 7 Skyline Drive, Hawthorne, NY 10532 that the foreign judgment entered by the plaintiff against the defendant(s) in the Pennsylvania, Franklin County in the sum of $16,114.67 no part of which has been paid, is valid, enforceable and unsatisfied. GORDON & WEINBERG, P.C. BY: FREDERIC I. WRZNBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Cavalry Portfolio Services, LLC as Assignee of Cavalry SPV I, LLC as Assignee of Ford Credit US 7 Skyline Drive Hawthorne, NY 10532 VS. RANDALL L SMITH 16 RAYS DRIVE NEWVILLE PA 17241 and DEBORAH R SMITH 17 SANDERS CIRCLE CHAMBERSBURG PA 17201 TO RANDALL L SMITH 16 RAYS DRIVE NL+'9iVILLE PA 17241 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 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. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON G WEINIMG, P.C. AT 484/351-0500. P -*0 ,/ 19// C) THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Cavalry Portfolio Services, LLC as Assignee of Cavalry SPV I, LLC as Assignee of Ford COURT OF COMMON PLEAS CUMBERLAND COUNTY Credit US 7 Skyline Drive Hawthorne, NY 10532 VS. DOCKET NO. : RANDALL L SMITH 16 RAYS DRIVE NEWVILLE PA 17241 and DEBORAH R SMITH 17 SANDERS CIRCLE CHAMBERSBURG PA 17201 TO DEBORAH R SMITH 17 SANDERS CIRCLE CHAMBERSBURG PA 17201 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. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON a WEINBERG, P.C. AT 484/351-0500. r P2olitoiu OTA P-y 1/19/10 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor F Cavalry Portfolio Services, LLC VS. Randall L Smith (et al.) SHERIFF'S RETURN OF SERVICE Sheriff, who being duly sworn acuulu 04/06/2010 10:40 AM -Ronald E. Hoover, Deputy 6, 2010 at 1038 hours attached chhdefendants, to ed ash rein wit Randaldl LIISmi hsand Debor monies of the within n possession, or lle, CumberlandtCounty, Pennsylvan a 17241, by hand nlg tc Avenue, Newvitle Cu Manager, personally three copies of interrogatories together with three true of execution and made the contents there of known to him. was The writ of execution and notic also defendant Deborah Rmailed on April 7, Smith, 17 Sanders Cir Derive, Newvitle, PA 17241 and to law, state 11/0412010 Ronny R. Anderson, Sheriff, who being duly sworn according returned as ABANDONED. No action on writ in over 6 months. SO AN SHERIFF COST: $103.20 November 04, 2010 Case Number 2010-4'17 ng to law, states that on April ights, debts, credits, and ?h R. Smith, in the hands, ik of Newville, 1 W Big Spring Doug Lindsay, Retail office and attested copies of the writ Randall L. Smith at 16 Rays Chambersburg, PA 17201. this writ of execution is 26-? ANDERSON; SHERIFF Caron R. Lantz 5?e-) e r - &/- P) 71W ;G, C-LJ'4s;a,:1 Te,00z.O t, 1r' i WRIT OF EXECUTION and/or ATTACHMENT NO 10-417 COMMONWEALTH OF PENNSYLVANIA) C7 COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAVALRY PORTFOLIO SEP a? Assignee of CAVALRY SPV I, LLC, as Assignee of FORD ARE D4IT US, From RANDALL L. SMITH, 16 Rays Drive, Newv , PA 17201 DEBORAH R. SMITH, 17 Sanders Circle, Chambersburg, and to sell upon the property of the defendant (s) (1) You are directed to levy the defendant(s) not levied up( (2) You are also directed to attach the property of of GARNISHEE(S) as follows: FARMERS NATIONAL BANK OF NEWVILLE, I W Big Spring Ave, New an attachment has been issued; (b) the gars and to notify the_garnishee(s) that: (a) and from delivering and, paying any debt to or for the account of the defendant (s) (s) or otherwise disposing thereof; not levied upon an subject to attachment is fi (3) If property of the defendant(s) not levied you are directed to notify him/her that I of anyone other than a named garnishee, garnishee and is enjoined as above stated. L.L. S.50 Amount Due $16,114.67 Interest from 1/19/10 - $37.69 Due Prothy $2.00 Atty's Comm % Other Costs Atty Paid ',$179.50 Pla.katiff Paid David D. uell, Pr hoi By: (S eal) D, REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, PC 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-OSOiO Supreme Court ID No. 41360 ACTION - LAW LLC, as (s) in the possession ille, PA 17241 shee(s) is enjoined from property of the defendant ind in the,possession /she has been added as a