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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 ~' ` „� REBECCA J ZACK t3 7 t 3> C> Defendant(s) p ten• 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 I Ililll I I!!i IIIII II III II II I !1111 IIII1 (111111 III I I II II I II I I III 1111 PA/PA_TRANSJ D. r 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 z --Y (--) C ,, r— Defendant(s) c CD 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: swof ��p� i-1 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/ tteeuil aa 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 1111111 11111 11111 11111 1111111111 111111111 111111 1111 1111111 1111111 0,1 troabcc, pci o`a 3/. 8/8/c PA_BANKPWRITC —0 co —0 =It N) C7) 0 -74c.L75,,,ect 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 � ��'---ILE- TADN�T��� '��`^�''�' � �� .* OCT +� PN � 1 C ^~ ��/ 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 0, oq.j dr .3qaf'trn 3iaV?