HomeMy WebLinkAbout13-7090 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Cavalry SPV I, LLC
Plaintiff No. 1 j_ 700
V. CIVIL ACTION - LAW ~' `
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REBECCA J ZACK t3 7 t
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Defendant(s)
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PRAECIPE TO ENTER JUDGMENT ON
MAGISTERIAL DISTRICT JUDGE'S TRANSCRIPT OF JUDGMENT
In accordance with the transcript of the Magisterial District Judge which is attached hereto, enter
judgment in favor of Plaintiff and against Defendant, in the sum of $ 3745.68 , which consists of
$ 3651.05 as principal, $0.00 as interest and $ 94.63 as costs less payments of $ 0.00 , plus interest
thereon from the date of that judgment, as provided by law.
Respectfully S m ed,
By: li
Michael B. Volk 488553
Fulton Friedman & Gullace, LLP
Counsel for Plaintiff
6 Kacey Court, Suite 203
Mechanicsburg, PA 17055
Tel: (866) 563 -0809 Fax: (585) 546 -4241
AFFIRMATION OF NO AP L
As of the date of this filing a District Justice appeal has not been 'n.the Court of Common Pleas
of CUMBERLAND County.
Michael B. Volk #88553
FFG file #: 379491
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PA/PA_TRANSJ
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COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ- 09 -3 -05 Cavalry SPV I, LLC
MDJ Name: Honorable Mark Martin V
Address: 507 North York Street Rebecca J Zack
Mechanicsburg, PA 17055
Telephone: 717 -766 -4575
Michael B. Volk, Esq. Docket No: MJ- 09305- CV-0000150 -2013
Fulton Friedman & Gullace, LLP Case Filed: 8/29/2013
6 Kacey Court, Suite 203
Mechanicsburg, PA 17055
Disposition Summary (cc- cross complaint)_
Docket No Plaintiff Defendant Disposition Disposition Date
MJ- 09305 -CV- 0000150 -2013 Cavalry SPV I, LLC Rebecca J Zack Default Judgment for Plaintiff 10/11/2013
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Cavalry SPV I, LLC $0.00 $0.00 $0.00
Rebecca J Zack $0.00 $3,745.68 $3,745.68
.........._ ----- _._m_.._.....
Judgm Findin ,._..��.. �__.__�._...._._._� _.._..�.....__._..._._. __.....___..µ...._.__�.,..
g g ( *Post Judgment)
In the matter of Cavalry SPV I, LLC vs. Rebecca J Zack on 10/11/2013 the judgment was awarded as follows:
Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount
Filing Fees $0.00 $94.63 $94.63
Civil Judgment $0.00 $3,651.05 $3,651.05
Grand Total: $3,745.68
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.
.nir, n f f/
ant K
Date Magisterial District Judge Mark artin
certify that this is a true and correct copy of the record of the proceedings contain eS /a men
Date Magisterial District Judge
MDJS 315 Page 1 of 2 Printed: 10/11/2013 9:20:42AM
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Cavalry SPV I, LLC ,
No. l3 - 7�9d
Plaintiff
V. CIVIL ACTION - LAW
M EO C -'
REBECCA J ZACK E`n M
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Defendant(s) c
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CERTIFICATE OF LAST KNOWN ADDRESS
I hereby certify that the last known address of Defendant and the Plaintiff are as follows
REBECCA J ZACK Cavalry SPV VADRIVE
434 W SIMPSON ST 500 SUMMIT
MECHANICSBURG PA 17055 -3762 VALHALLA 95 -1340
Michael B. Volk #88553
CERTIFICATE OF SERVICE
1, Michael B. Volk, an authorized agent for Fulton, Friedman & Gullace, LLP, hereby certify that a
copy of the foregoing Praecipe to Enter Judgment on the Magisterial District Judge's Transcript of
Judgment was served this date by mailing same via first class mail, postage prepaid, addressed as
follows:
REBECCA JZACK
434 W SIMPSON ST
MECHANICSBURG PA 17055 -3762
Defendant(s)
Date: 2013
Michael B. Volk #88553
FFG file #: 379491
IIIIIII VIIIVIIIVIIIVIIIVIIIVIII IIIIIIIIIII VIIIIIII IIII IIII
PA/PA_TRANSJ
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Cavalry SPV I, LLC
Plaintiff _ NO. 1 3 — 70 10 �� �� /►')
C
V. CIVIL ACTION - LAW
REBECCA J ZACK
Defendant(s)
NOTICE OF JUDGMENT
In accordance with the transcript of the Magisterial District Judge which is attached hereto, enter
judgment in favor of Plaintiff and against Defendant, in the sum of $ 3745.68 , which consists of
$ 3651.05 as principal, $0.00 as interest and $ 94.63 as costs less payments of $ 0.00 , plus interest
thereon from the date of that judgment, as provided by law.
NOW, ' 20 /3 , JUDGMENT IS ENTERED AS ABOVE.
Prothonotary/ erk, C' ' DiR n AP
By:
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I hereby certify that the name and address of the proper person to receive this notice under
Pa. R. Civ. P. 236 is:
REBECCA J ZACK
434 W SIMPSON ST
MECHANICSBURG PA 17055 -3762
Defendant(s)
Michael B. Volk #88553
FFG file #: 379491
11111111111111111111111111111111111111111111111111111111
PA/PA TRANSJ
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Cavalry SPV I, LLC
REBECCA J ZACK
434 W SIMPSON ST
MECHANICSBURG PA 17055-3762
: o Confessed Judgment
: Other
: Docket No. 13-7090 civil
: Judgment Amount $3745.68
: Less Payments $(0.00)
: Interest: $177.65
: Total: $3923.33: Atty's
Comm:
: Costs:
-4/
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PRAECIPE FOR AXT-Ael€14il1:
TO THE PROTHONOTARY:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract or
account based on a confession of judgment, but if it does , it is based on the appropriate original proceeding filed
pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of attachment in the above matter to the Sheriff of Cumberland
costs, directing attachment against PNC BANK, as Garnishee, for the followin p
All accounts, including but not limited to, all savings, check•
deposit, notes receivables, collateral, pledges, documents of title, sec
the defendant(s) in the possession, custody or control of Garnishee.
Date
FFG File # 379491
unty, for debt, interest and
of the defendant(s):
ther accounts, certificates of
upons and all other property of
Signature:
Print name: Michael B. Volk, Esq.
Address: 6 Kacey Court, Suite 203
Mechanicsburg, PA 17055
Attorney for: Cavalry SPV I. LLC
Telephone: (866) 563-0809
Supreme Court ID No:#88553
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THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
CAVALRY SPV I, LLC
Vs. NO 13-7090 Civil Term
CIVIL ACTION — LAW
REBECCA J. ZACK
WRIT OF EXECUTION
(Pa R.C.P. 3252)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs against REBECCA J. ZACK, 434 W. SIMPSON ST.,
MECHANICSBURG, PA 17055-3762 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
PNC BANKGARNISHEE(S), as garnishee, 2 EAST MAIN STREET, MECHANICSBURG, PA 17055
(Specifically describe property) and to notify the garnishee that ALL ACCOUNTS, INCLUDING BUT NOT
LIMITED TO, ALL SAVINGS, CHECKING AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT,
NOTES RECEIVABLES, COLLATERAL, PLEDGES, DOCUMENTS OF TITLE, SECURITIES,
COUPONS AND ALL OTHER PROPERTY OF THE DEFENDANT(S) IN THE POSSESSION, CUSTODY
OR CONTROL OF GARNISHEE
(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 fmancial 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.
1
(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.
(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 $3,745.68
Interest $177.65
Attorney's Comm. %
Attorney Paid $60.25
Date: 09/30/14
(Se LI
Plaintiff Paid
Law Library $.50
Due Prothonotary $2.25
Other Costs
David D. Buell, Prothonotary
REQUESTING PARTY:
Name : MICHAEL B. VOLK, ESQUIRE
Address: FULTON, FRIEDMAN & GULLACE LLP
6 KACEY COURT, SUITE 203
MECHANICSBURG, PA 17055
Attorney for: PLAINTIFF
Telephone: 866-563-0809
Supreme Court ID No. 88553
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
Of F
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OCT +� PN � 1
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PENNSYLVANIA
Cavalry SPV I, LLC
vs.
Rebecca J Zack
Case Number
2013-7090
SHERIFF'S RETURN OF SERVICE
10/07/2014 12:47 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, PNC Bank, 105 Noble Blvd, Carlisle Borough,
Carlisle, PA 17013, Cumberland County, by handing to Natasa Torres, Assistant Manager, 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 wrof execution and notice to defendant was mailed on October 8, 2014 to Rebecca J. Zack at 434 W
Simpson Street, Mechanicsburg, PA 17055-3762.
SO ANSWERS,
October 08, 2014 RONNYRANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoft, 1,1c,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Cavalry SPV I, LLC
Plaintiff NO. 13-7090 civil
v.
REBECCA J ZACK
CIVIL ACTION - LAW
Defendant(s)
PRAECIPE TO DISCONTINUE ATTACHMENT
TO THE PROTHONOTARY:
Please discontinue the Writ of Execution filed against Garnishee PNC BANK in the referenced matter without
prejudice.
Respectfully Submi
By:
Michael B. Volk, Esq. ::553
Fulton, Friedman & Gullace, LLP
Counsel for Plaintiff
6 Kacey Court, Suite 203
Mechanicsburg, PA 17055
(866) 563-0809
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office,
first class mail, postage prepaid, addressed as follows:
REBECCA J ZACK
434 W SIMPSON ST
MECHANICSBURG PA 17055-3762
PNC BANK
2 E MAIN ST
MECHANICSBURG PA 17055
FFG file #: 379491
PA/PA_PRAEDISATT
Michael B. Volk, Esq.
Attorney ID #88553
1111111111111111111111111111111111111110111111111111111111111111
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