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HomeMy WebLinkAbout13-5972 ... _..._.. ___ •s. COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -04 Cavalry SPV I LLC, as assignee of HSBC Bank MDJ Name: Honorable Paula P. Correal Nevada, N.A. /Household Bank Address: 5275 East Trindle Road V. Suite 110 Delphine Cook A/K /A Delphine F. Pettway, Mechanicsburg, PA 17050 Delphine Cook A/K /A Delphine F. Pettway Telephone: 717- 697 -2201 David J. Apothaker Esq. Docket No: MJ- 09304 -CV- 0000112 -2013 Apothaker & Asscociates, P.C. Case Filed: 4/5/2013 520 Fellowship Road Suite C306 Mount Laurel, NJ 08054 F0N / AUG z 6 2013 Disposition Summary T Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09304 -CV- 0000112 -2013 Cavalry SPV I LLC, as assignee Delphine Cook A /K/A Delphine Default Judgment for Plaintiff 06/03/2013 of HSBC Bank Nevada, F. Pettway N.A. /Household Bank MJ- 09304 -CV- 0000112 -2013 Cavalry SPV I, LLC, as assignee Delphine Cook A/K/A Delphine F. Default Judgment for Plaintiff 06/03/2013 of HSBC Bank Nevada, Pettway N.A. /Household Bank Judgment Summary Participant Joint/Several Liability Individual Liability Amount Cavalry SPV I, LLC, as assignee of HSBC $0.00 $0.00 $0.00 Bank Nevada, N.A. /Household Bank Delphine Cook A /K/A Delphine F. Pettway $2,376.57 $0.00 $2,376.57 Delphine Cook A /K/A Delphine F. Pettway $2,376.57 $0.00 $2,376.57 Judgment Detail ( *PostJudgment) In the matter of Cavalry SPV I, LLC, as assignee of HSBC Bank Nevada, N.A. /Household Bank vs. Delphine Cook A/K /A Delphine F. Pettway; Delphine Cook A/K/A Delphine F. Pettway on 8/13/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $2,264.07 $0.00 $2,264.07 Filing Fees $105.50 $0.00 $105.50 Costs $7.00 $0.00 $7.00 Grand Total: $2,376.57 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 Senior Magisterial District Judge Paula P. Correal?, " -`.'� MDJS 315 Page 1 of 3 Printed: 08/20/2013 9:42:10AM �5 CaValry I?V I - Lo'LC, as assignee of HSBC Bank '" Docket No.: MJ- 09304 -CV- 0000112 -2013 Nevada, N.A. /Household Bank V. Delphine Cook A/K/A Delphine F. Pettway, Delphine Cook A/K /A Delphine F. Pettway certify that this is a true and correct copy of the record of e procee ings contamin a to g en. Date agis enal District Judge y o zv v 0 MDJS 315 Page 2 of 3 Printed: 08/20/2013 9:42:1 OAM t � I Ca" alry SPV I, b C, as assignee of HSBC Bank t Docket No.: -09304-CV-00001 12-2013 Nevada, N.A. /Household Bank v. Delphine Cook A/K/A Delphine F. Pettway, Delphine Cook A/K/A Delphine F. Pettway 1 Participant List Private(s) David J. Apothaker, Esq. Apothaker & Asscociates, P.C. 520 Fellowship Road Suite C306 Mount Laurel, NJ 08054 Plaintiff(s) Cavalry SPV I, LLC, as assignee of HSBC Bank Ne_v_a_ da,_ N.A_ . /Household Ban_k -- °- As Assi&ee of HSBC'Bank Nevada, N.A. Household Bank 500 Summit Lake Drive, Ste. 400 Valhalla, NY 10595 -1340 Defendant(s) Delphine Cook A/K/A Delphine F. Pettway 4606 Brian Road Mechanicsburg, PA 17050 Delphine Cook A/K /A Delphine F. Pettway 4606 Brian Road t i Mechanicsburg, PA 17050 -4612 �L / Q i� i MDJS 315 Page 3 'of 3 Printed: 08/20/2013 9:42:10AM Our File No.: 351325 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: DELPHINE COOK A/K/A DELPHINE F PETTWAY 4606 BRIAN RD MECHANICSBURG, PA 17050 -4612 CAVALRY SPV I, LLC, AS ) COURT OF COMMON PLEAS ASSIGNEE OF HSBC BANK ) CUMBERLAND COUNTY NEVADA, N.A. /HOUSEHOLD BANK NO.. Plaintiff ) VS. ) DELPHINE COOK A/K/A DELPHINE ) F PETTWAY ) 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 indic ed below. XX JUDGMENT BY DEFAUL 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 Our File No.: 351325 CAVALRY SPV I, LLC, AS ASSIGNEE OF IN THE COURT OF COMMON PLEAS OF HSBC BANK NEVADA,N.A./HOUSEHOLD CUMBERLAND COUNTY, BANK PENNSYLVANIA Plaintiff NO.: #13-5972 CIVIL vs. DELPHINE COOK A/K/A DELPHINE F PRAECIPE FOR WRIT OF EXECUTION PETTWAY Defendant(s) To the Prothonotary: _ Issue a Writ of Execution in the above matter, rrrrn rn `� ° . =::0 c-3 - (1) directed to the Sheriff of CUMBERLAND County; (2) against DELPHINE COOK A/K/A DELPHINE F PETTWAY,defendant(s);and :?= ; (3) against METRO BANK 20 NOBLE BOULEVARD CARLISLE,PA 17013, Gamishee(s};< (4) and index this writ in the judgment index (a) against DELPHINE COOK A/K/A DELPHINE F PETTWAY, defendant(s),and (b) against METRO BANK 20 NOBLE BOULEVARD CARLISLE,PA 17013, as Gamishee(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 $2376.57 Interest from June 03,2013 $60.94 Minus Payments made -S Plus Costs $210.25 Total $2647.76 C Oak y1.00 t-'A F David J. Apothaker, Esquire � S A-t�prney for Plaintiffs)) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-5972 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,AS ASSIGNEE OF HSBC BANK NEVADA,N.A./HOUSEHOLD BANK Plaintiff(s) From DELPHINE COOK A/K/A DELPHINE F.PETTWAY,4606 BRIAN ROAD, MECHANICSBURG,PA 17050 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: METRO BANK,20 NOBLE BLVD.,CARLISLE,PA 17013-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. and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishees) 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; (2) 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$2,376.57 Plaintiff Paid$ Interest FROM JUNE 3,2013-$60.94 Attorney's Comm. % Law Library$.50 Attorney Paid$60.25 Due Prothonotary$2.25 Other Costs$210.25 Date: 12/23/13 David D. Buell,Prothonotary Deputy REQUESTING PARTY: Name: DAVID J. APOTHAKER,ESQUIRE Address:APOTHAKER&ASSOCIATES,P.C. 520 FELLOWSHIP ROAD C306 P.O.BOX 5496 MOUNT LAUREL,NJ 08054 Attorney for: PLAINTIFF Telephone: 856-780-1000 Supreme Court ID No. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff = ' Jody S Smith Chief Deputy :» 't J," `` -7 AH 10: Richard W Stewart Solicitor ' R rY NSY► VANIF` Cavalry SPV, I, LLC,As Assignee of HSBC Bank Nevada, N.A./Household B Case Number vs. 2013-5972 Delphine Cook SHERIFF'S RETURN OF SERVICE 01/03/2014 01:10 PM-William Cline, 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, Metro Bank, 20 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Evan Griffie, Customer Service Rep., 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 him. The writ of execution and notice to defendant was mailed on January 6, 2014 to D- phine Cook, 4606 Brian Road, Mechanicsburg, PA 17050-4612. ILLIAM CLINE, DEPUTY SO ANSWERS, January 06, 2014 RONIY R ANDERSON, SHERIFF Our File No.: 351325 ) CAVALRY SPV I, LLC, AS ASSIGNEE OF ) HSBC BANK NEVADA,N.A./HOUSEHOLD ) COURT OF COMMON PLEAS OF BANK ) CUMBERLAND COUNTY ) PIaintiff ) vs. ) NO.: #13-5972 CIVIL ) DELPHINE COOK A/K/A DELPHINE F ) Civil Action PETTWAY ) 4606 BRIAN RD MECHANICSBURG, PA 17050-4612 ) XXX-XX-8104 ) ter= Defendant ) <� -r =c) METRO BANK Garnishee QUJS +D INTERROGATORIES TO GARNISHEE TO: METRO BANK, Garnishee: You are required to bile answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed defendant(s) any money or were liable to defendant(s) for any reason? No Accounts 2. At the time you were served or at any subsequent time was there in your possession, custody, control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the defendant(s)? 3. At the time you were served or any subsequent time did you hold legal title to any property of any nature owed solely or in part by the defendant(s) or in which the defendant held or claimed any interest'? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had any interest? 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant(s) against you'? 7. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant(s) have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or Federal law? If so, identify each account and state the reason for the exemption and the entity electronically depositing those funds on a recurring basis. 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant(s) have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general exemption under 42PA.C.S.§8123? If so, identify each account. 9. Flow much is the value of any property in your possession belonging to the defendant(s)? 10. In the space below, the plaintiff may set forth additional appropriate interrogatories. Dated: � h David 4-pothaker, Esquire APOTHAKER &ASSOCIATES, P.C. 520 Fellowship Road C306 PO Box 5496 Mount Laurel,New Jersey 08054 (856) 780-1000 Attorneys for Plaintiff VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, infolivation and belief. Loy k44L A,( .Iei ATU•E) Our File No.: 351325 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, AS ASSIGNEE OF HSBC BANK NEVADA, N.A./HOUSEHOLD BANK Plaintiff VS. DELPHINE COOK A/K/A DELPHINE F PETTWAY METRO BANK Defendant Garnishee I. P TA Mt! VAR 27 111111: 142 .I'i'q.IRLAND COUNTY PENNSYLVANIA ) ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: #13-5972 CIVIL ) ) Civil Action ) ) ) ) ). ) PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, NK, dissolved. David J. Apothaker, Esquire Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE PROTHONOTARY alit AUG 29 PM 2:03 CUMBERLAND COUNTY PENNSYLVANIA Cavalry SPV, I, LLC, As Assignee of HSBC Bank Nevada, N.A./Household B Case Number vs. Delphine Cook 2013-5972 SHERIFF'S RETURN OF SERVICE 01/03/2014 01:10 PM - William Cline, 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, Metro Bank, 20 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Evan Griffie, Customer Service Rep., 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 him. The writ of execution and notice to defendant was mailed on January 6, 2014 to Delphine Cook, 4606 Brian Road, Mechanicsburg, PA 17050-4612. 08/28/2014 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: $89.26 SO ANSWERS, August 28, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RONNcr R ANDERSON, SHERIFF SU i 4 Y ' 1/ y' a. f