The URL can be used to link to this page

Home My WebLink About13-7461 Supreme Court= of Pennsylvania Could Com Pleas -et For Prothonotan Use Onty: 1 ff D Cou Docket No: 4S 1 I I � _-� (- The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by lmv or rules of court S Commencement of Action: { E E Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction El Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T CAVALRY SPV I, LLC HARRY R GOLDEN I Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits Q (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: Apothaker and Associates. P.C. ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ® Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑Employment Dispute: Discrimination E El Slander/Libel/ Defamation El Other: ❑Employment Dispute: Other C ❑ Zoning Board , ❑Other: I � El Other: O MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment B ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ❑ Partition ❑ Replevin LIABLITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 111/2011 L j - QF 1 cE Our File No.: 361613 r�L�E ' TLIO' NOTARY APOTHAKER & ASSOCIATES, P.C. 2JI3 DEC 1 8 Pm ,, BY: David J. Apothaker, Esquire Attorney I.D. #38423 CUMBERLAND COUNTY 520 Fellowship Road C306 PENNSYLVANIA Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff CAVALRY SPV I, LLC ) COURT OF COMMON PLEAS 500 SUMMIT LAKE DRIVE STE 400 ) CUMBERLAND CO TY VALHALLA, NY 10595 -1340 ) � � r � ( U r ' NO.. �( l Plaintiff, ) VS. ) HARRY R GOLDEN ) 139 VIRGINIA AVE ) CARLISLE, PA 17013 -1069 ) Defendant. ) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717 - 249 -3166 � 11 01 r� c�� Our File No.: 361613 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff CAVALRY SPV I, LLC ) COURT OF COMMON PLEAS 500 SUMMIT LAKE DRIVE STE 400 ) CUMBERLAND COUNTY VALHALLA, NY 10595 -1340 ) NO.. Plaintiff, ) VS. ) HARRY R GOLDEN ) 139 VIRGINIA AVE ) CARLISLE, PA 17013 -1069 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, CAVALRY SPV I, LLC, is the Assignee and Successor in Interest of credit account issued to Defendant(s) by FIA CARD SERVICES, NA/GANDER MTN, the Original Creditor. 2. Defendant(s) was the holder of a credit card or other consumer finance account (hereinafter "the account "), which at the request of the Defendant(s) was issued to the Defendant(s) by the Plaintiff's predecessor in interest, under the terms by which the Plaintiffs predecessor in interest agreed to extend to Defendant(s) the use of its credit facilities. 3. Defendant(s) accepted and used the account issued and by doing so agreed to perform the terms and conditions for the use of the account prescribed by the Plaintiffs predecessor in interest. 4. Defendant(s) received and accepted goods and merchandise and/or accepted services or cash advances through the use of the account issued by the Plaintiff s predecessor in interest. 5. All the credits to which the Defendant(s) is entitled have been applied and there remains a balance due in the amount of $20,138.06. 6. Plaintiff has made demand upon the Defendant(s), who is in default, for payment of the balance due but the Defendant(s) has failed and refused, and still refuses, to pay the same or any part thereof. WHEREFORE, Plaintiff claims of the Defendant(s) the sum of $20,138.06 plus applicable court costs. APOTHAKER AS OCIATES, P.C. Atto y for laintiff A Law Firm En aged ' Debt Colle do BY: David J. Apoth , Esquire Our File No.: 361613 361613 VERIFICATION Pore t o hereby state that I am AU4 dd zed 60 ( ��, } � �� p ` for Plaintiff. I hereby verify that, upon information and belief, the statements made in the foregoing Civil Action Complaint are true and accurate. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ll6l3 (Signature) Defendant's Name: HARRY R GOLDEN Account Number: ending in 1331 Banko#America HARRY R GOLDEN Account Number: 1331 March 18 - April 16, 2011 Account Information: www.bankofamerica.com Payment Information Mail billing inquiries to: New Balance Total ............... ............................... .....................$20,138.06 Previous Balance ,. ...,,...............$19,922.28 Bank of America Current Payment Due ............. ............................... ........................$415.00 Payments and Other Credits .................... 0.00 P.O. Box 15026 Past Due Amount ................... ............................... .....................$2,835.00 Purchases and Adjustments .................... 0.00 Wilmington, DE 19850 -5026 Fees Charged ....................... ..........................35.00 Mail payments to: Total Minimum Payment Due .. ............................... ......................$3,250.00 Interest Charged ................. .........................180.78 Bank of America Payment Due Date .......................................... ..............................5 /14/11 P.O. Box 15019 New Balance Total . .....................$20,138.06 Wilmington, DE 19886 -5019 Late Payment Warning: If we do not receive your Total Minimum Payment by Customer Service: the date listed above, you may have to pay a late fee of up to $35.00. Credit Line ............. .....................$19,200.00 1.800.421.2110 Total Minimum Payment Warning: If you make only the Total Minimum Statement Closing Date ....................4/16/11 Payment each period, you will pay more in interest and it will take you longer Days in Billing Cycle ..... .............................30 (1.800.3463178 TTY) to pay off your balance. For example: If you • You will payoff you shown additional charges the balance up paying an estimated using this card on • of • each rnonth you .• •. Only the Total 32 years $35,707.67 Minimum Payment 1 7 If you would like information about credit counseling services, call 1- 866 - 300 -5238. Transactions Transaction Posting Reference Account Date Date Description Number Number Amount Total Fees 04/14 04/14 LATE FEE FOR PAYMENT DUE 04/14 9922 35.00 TOTAL FEES FOR THIS PERIOD $35.00 Interest Charged 04/16 04/16 Interest Charged on Balance Transfers 0.00 04/16 04/16 Interest Charged on Cash Advances 0.00 continued on next page... BANK OF AMERICA Account Number: 1331 P.O. BOX 15019 WILMINGTON, DE 19886 -5019 New Balance Total ...... ............................... ....................$20,138.06 Total Minimum Payment Due ....................... .......................3,250.00 Payment Due Date ............................ .......................05 /14/11 HARRY R GOLDEN Enter payment amount $. 139 VIRGINIA AVE CARLISLE PA 17013 -1069 Check here for a change of mailing address or phone numbers. Please provide all corrections on the reverse side. Mail this coupon along with your check payable to: Bank of America IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE611 Rev 08/10 ,CUSTOMER TIPS FOR DISPUTED ITEMS ONLINE Many times disputed charges are legitimate charges that customers maynot recognize Ordine Banking is available 24 hours a day, 7 days a week and or remember. Before disputing a charge, we recommend that you verify a few things allows you to view the most recent activity on your account. and make every effort to resolve the dispute with the merchant. Often the merchant can answeryour questions and easily resolveyour dispute. The merchant's phone number may be located on your receipt or billing statement. PHONE • Has a credit posted to your account? L866.266.0212 Please allow up to 30 days from the date on your credit voucher or For prompt service, please have the merchant reference number(s) acknowledgement letter for the merchant credit to post. available for the charge(s) in question. • Is the charge or amount unfamiliar? Check with other persons authorized to use the account to make sure they did not make the charge, It is possible that the merchants' billing names and store names are different or amounts can easily be confused with similar MAIL charges or include tips. Attn: Billing Inquiries PO Box 15026, Wilmington, DE 19850 -5026 One way to check for the credits or to view transaction details is to look at your When writing, please include Your Name, Account Number, the account statements online. If you are not enrolled in Online Banking, it is easy to enroll ® reference number of the disputed item and specific details regarding using the web address on the front ofyour statement or give us a call. your dispute, including dates of contact with the merchant and the merchant's response in each instance. Please include all supporting Please remember:Onceyou receiveyour statementwith a transactionyou wish to documentation, including sales and credit vouchers, contract and dispute, you only have 60 days to dispute the charge. postage return receipts as proof of any returns. GRACE PERIOD /PAYING INTEREST "Grace Period" means the period of time during a billing cycle when you will not less than zero we treat it as zero. accrue interest on certain transactions or balances. There is no Grace Period for Balance We include the fees for credit card debt cancellation or credit insurance purchased Transfers or Cash Advances; we begin charging interest on Balance Transfers and Cash through us in calculating the beginning balance for the first day of the billing cycle after Advances on the transaction date. We will not charge interest on Purchases on the next the billing cycle in which such fees are billed. statement if you pay the New Balance Total in full by the Payment Due Date, and you had TOTAL INTEREST CHARGE COMPUTATION paid in full by the previous Payment Due Date. Interest Charges active and are compounded on a daily basis. To determine the CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Average Balance Method (including new Balance Transfers and new Cash Advances): Periodic Rate and that result by the number of days in the billing cycle. To determine We calculate separate Balances Subject to an Interest Rate for Balance Transfers, the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate or Cash Advances. We do this by: (1) calculating a daily balance for each day in this by 365. statement's billing cycle; (2) calculating a daily balance for each day prior to this HOW WE ALLOCATE YOUR PAYMENTS statement's billing cycle that had a "Pre -Cycle balance" -a Pre -Cycle balance is a Balance If your account has balances with different APRs, we will allocate the amount of Transfer or a Cash Advance with a transaction date prior to this statement's billing your payment equal to the Total Minimum Payment Due to the lowest APR balances first cycle but with a posting date within this statement's billing cycle; (3) adding all the daily (including transactions made after this statement). Payment amounts in excess of your balances together; and (4) dividing the sum of the daily balances by the number of days in Total Minimum Payment Due will be applied to balances with higher APRs before balances this statement's billing cycle. with lower APRs. To calculate the daily balance for each day in this statement's billing cycle, we take the IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE beginning balance, add an amountt equal to the applicable Daily Periodic Rate multiplied When using the optional Pay -by -Phone service, you authorize us to initiate an by the previous day's daily balance, add new Balance Transfers, new Cash Advances and electronic payment from your account at the financial institution you designate. You must Transaction Fees, and subtract applicable payments and credits. If any daily balance is authorize the amount and timing of each payment. For your protection, we will ask for less than zero we treat it as zero. security information. A fee may apply for expedited service. To cancel, call us before the To calculate a daily balance for each day prior to this statement's billing cycle that had scheduled payment date, Same -day payments cannot be edited or canceled. a Pre -Cycle balance, we take the beginning balance attributable solely to Pre- C,yclebalance MISCELLANEOUS (which will be zero on the transaction date of the first Pre -Cycle balance), add an amount For the complete terms and conditions of your account, consult your Credit Card equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is and add only the applicable Pre -Cycle balances, and their related Transaction Fees. We issued and administered by FIA Card Services, N.A. exclude from this calculation all transactions posted in previous billing cycles. Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Purchases, new Account. Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is PAYMENTS We credit mailed payments as of the date received, if the payment is: (1) received by If your billing address or contact information has changed, or if your address is 5 p.m. local time at the address shown on the remittance slip on the front of your monthly incorrect as it appears on this bill, please provide all corrections here. statement; (2) paid with a check drawn in U.S. dollars on a U.S, financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance Address 1 portion of your statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on any day includingthe Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments Address 2 made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central time. Credit for any other payments maybe delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. City We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one -time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon State Zip_ as the same day we receive your payment. Checks are not returned to you. For more Area Code & information or to stop the electronic funds transfers, call us at the number listed on the front. Home Phone If you have authorized us to pay your credit card bill automatically from your savings Area Code & or checking account with us, you can stop the payment on any amountyou think is Work Phone wrong. To stop payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. BankofAmerica 1331 March 18 - April 16, 2011 Page 3 of 4 Transactions • -• Transaction Posting Reference Account Date Date Description Number Number Amount Total Interest Charged 04/16 04/16 Interest Charged on Purchases 180.78 TOTAL INTEREST FOR THIS PERIOD $180,78 2011 Totals Year-to-Date Total fees charged in 2011 $140.00 Total interest charged in 2011 $719.37 Important Your balance exceeds the credit limit. Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Promotional Promotional Balance Interest Percentage Transaction Offer ID Subject to Charges by Rate Type Interest Transaction Rate Type Balance Transfers 10.998V $ 0.00 $ 0.00 Cash Advances 19.24%V $ 0.00 $ 0.00 Purchases 10.99%V $20,013.01 $180.78 APR Type Definitions: Daily Interest Rate Type: V= Variable Rate (rate may vary) Bankof America EXHIBIT C £TILL OF SALE A ND ASSIGNME OF LOAN THIS BILL OF SALE AND .ASSIGNMENT OF LOANS is made and entered into between CAVALRY SPV I, LLC (`'ftrchaser") and FLA CARD SERVICES, N.A. (`'Seller " }, pursuant to the Loan Sale Agreement dated March 18, 2013 (the " Agreement ") entered into between Purchaser and Seller. Capitalized terms not defined herein, shall have the same meaning as defined in the Agreement. (a) In consideration of the payments made pursuant to the Agreement and such other good and valuable consideration, the receipt and legal sufficiency of which are herebv acknowledged, Seller does hereby sell, transfer, convey, assign and deliver to Purchaser all of Seller's right, title and interest in and to each and all of the Loans, as included on the electronic file referenced in Schedule I of the Loan Agreement as BAC PA Bulk Cavalry Sale File 0313 Final.xlsx, without recourse and without representation or warranty of any type, kind, character or nature, express or implied, except as specifically provided in the Agreement, and subject to Buyer's and Seller's repurchase rights as set forth in the Agreement. (b) Purchaser hereby accepts such sale, transfer, conveyance, assignment, and delivery of the Loans, including without limitation the right to all principal, interest or other proceeds of any kind with respect to the Loans remaining due and owing as of the Cut -Off Date applicable to such 1.,oans. (c) Nothing in this Bill of Sale and Assignment of Loans shall be deemed to modify, limit or amend any of the rights or obligations of Purchaser or Seller under the Agreement. This Bill of Sale and Assignment of Loans shall inure to the benefit of, and be binding upon, the respective, pennitted successors and assigns of Seller and Purchaser and shall be governed by and construed and interpreted in accordance with the Agreement and the laws of the State of Delaware, without regard to such state's principles of conflicts of law. (d) This Bill of Sale and Assignment of Loans may be executed by facsimile or electronic transmission in multiple counterparts, each of which shall be an original, but together shall constitute one and the same. instrument. IN WITNESS WHEREOF, each party, through its duly authorized officer, has caused this Bill of Sale and Assignment of Loans to be executed in their name this 28' day of March, 2013. SELLER/ASSIGNOR.. BUYEWASSIGNEE: FIA CARD SERVICES, 1, A. CAVALRY SPV I, LLC Name: Debra. L Pe .liicciaro _— ___ -_ -- Name: Title: Vice President _ 'Title: Vax: 302 .458.C438 Post Agencl Bulk 3/18/13 NijikoiAmnrk;4,:; =:,et.S;,ues Ile r :e; ti':, S55 rapr.r PURCHASE _DATE ACCT _NO CONTRACT ORIG_LAST_PAY_DATE CREDITOR �TITIAL_BALANCE ATLASYN_FULL_NAME(RR.NAME_L SS _NO 3/28/2013 1331 9/28/2003 1/13/2011 FIA Card Services, NA / Gander Mtn 20138.06 HARRY R GPLD 484 file: / //UI/DOCS/FILES/ 361000 / 361613 / 18462675 - schedulea- 18462675.txt[7/22/2013 11:19:08 AM] SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson = P.TL1", Sheriff .i Litt�r p Jody S Smith -2 AM (i L Chief Deputy 'T, Richard W Stewart PENNSYLVANIA Solicitor " • Cavalry SPV I, LLC Case Number vs. 2013-7461 Harry R. Golden SHERIFF'S RETURN OF SERVICE 12/27/2013 08:17 PM- Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Harry R. Golden at 139 Virginia Avenue, North Middleton, Carlisle, PA 17013. DENN FRY, DEPU d SHERIFF COST: $34.78 SO ANSWERS, December 30, 2013 RONIV ANDERSON, SHERIFF Our File No.: 361613 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CAVALRY SPV I, LLC Plaintiff vs. HARRY R GOLDEN Defendant re L+JF T TH. NO tA''' 2014 MAR 17 fiN 10: 514 CUMBERLAND COUNTY PENNSYLVANIA ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 13-7461-CIVIL ) ) Civil Action ) ) PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, HARRY R GOLDEN, in the default of an Answer, in the amount of $20,138.06 computed as follows: Amount claimed in complaint: 20,138.06 Less: Amount Paid: ( 0.00) Plus: Interest from December 18, 2013 to February 3, 2014 at the legal interest rate of 0.00% per annum 0.00 Attorney fees TOTAL 0.00 20,138.06 I certify that Defendant, HARRY R GOLDEN, last own address is 139 VIRGINIA AVE CARLISLE, PA 17013-1069. David er, Esq. Attorney for Plaintiff Noh a CAVALRY SPV I, LLC vs. HARRY R GOLDEN To: HARRY R GOLDEN 139 VIRGINIA AVE CARLISLE, PA 17013 -1069 Date of Notice: January 20, 2014 ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) NO. 13-7461-CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE, PA 17013 717- 249 -3166 361613 DAVID J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorney for Plaintiff Attorney ID #38423 s I HI 1 11 11 Our File No.: 361613 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney 1.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff ) COURT OF COMMON PLEAS OF CAVALRY SPV I, LLC ) CUMBERLAND COUNTY ) Plaintiff ) vs. ) NO.: 13-7461-CIVIL ) HARRY R GOLDEN ) Civil Action ) Defendant ) CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that, after the failure to plead and at least ten days prior to the date of the filing of the within praecipe, written notice of Plaintiff s intention to file the within praecipe was sent to the defendant and defendant's attorney of record, if any. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the pena of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apothaker, Esq. Attorney for Plaintiff Our File No.: 361613 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff ) COURT OF COMMON PLEAS OF CAVALRY SPV I, LLC ) CUMBERLAND COUNTY ) Plaintiff ) vs. ) NO.: 13-7461-CIVIL ) HARRY R GOLDEN ) Civil Action ) Defendant ) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 139 VIRGINIA AVE CARLISLE, PA 17013-1069. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the D our inquiry indicated that the Defendant(s) is/are no ense n th anpower Data Center has sent back military. David J. A. aker, Esq. Attorney for Plaintiff I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Department of Defense Manpower Data Center Results as of : Feb-03-2014 08:34:48 AM SCRA 3.0 Status Report Pursuant to ;Senticc me abcrs Civil fief Act Last Name: GOLDEN First Name: HARRY Middle Name: Active Duty Status As Of: Feb -03 -2014 On Active Duty On Active Duty Status Dale Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' ctive duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - '4" No . 1 NA This response reflects where the individual left active duly status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Gall -Up to Active Duty on Active Duty Status Date - Order Notification Start Dale Order Notification End Date Status - Service Component NA :NA - .No NA This response reflects whethei the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower.Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 • The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http: / /www.defenselink .mil /faq /pis /PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his /her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: N7ECCA62M079PBO * • • 1 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: HARRY R GOLDEN 139 VIRGINIA AVE CARLISLE, PA 17013-1069 CAVALRY SPV I, LLC VS. HARRY R GOLDEN Plaintiff Defendant NOTICE ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 13-7461-CIVIL ) ) Civil Action ) ) 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, Esq. at this telephone number: 800-672-0215 Our File No.: 361613 CAVALRY SPV I, LLC Plaintiff vs. - - HARRY R GOLDEN - Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _NO.: 13 -7461 -CIVIL ?11- ()D I 2 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 HARRY R GOLDEN, defendant(s); and (3) against MEMEBERS 1ST FCU 5000 LOUISE DR MEC (4) and index this writ in the judgment index (a) against HARRY R GOLDEN, defendant(s), and C) cz rn co rri Gr) C -r1 r - <G) -0 C) C/) rn ICSBURG, PA 17055, she(s) (b) against MEMEBERS 1ST FCU 5000 LOUISE DR MECHANICSBURG, PA 17055, 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 $20138.06 Interest from March 17, 2014 $337.66 Minus Payments made Plus Costs Total s q.00 C3F -s 0 k lt -$ $195.50 $20671.22 CX David .1. Apothaker, Esquire Attorney for Plai 4NLZ I. SOLL lasYc.) tt- t k ( ill Of v -17c.c (10,-1 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 13-7461 Civil Term CIVIL ACTION — LAW HARRY R. GOLDEN WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against HARRY R. GOLDEN, 139 VIRGINIA AVENUE, 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 MEMBERS 1sT FCUGARNISHEE(S), as garnishee, 5000 LOUISE DRIVE, MECHANICSBURG, PA 17055 - 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. (Specifically describe property) and to notify the garnishee that (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 1 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 $20,138.06 Plaintiff Paid Interest FROM MARCH 17, 2014 - $337.66 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $184.03 Other Costs Date: 09/15/14 (Seal) 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. -04,4zeL PitJziL David D. Buell, Prothonotary 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson . .- Sheriff ��mua~ . � r\|� P�U| �UW/> � , —^n�- .''�'''°^''~''~`` Jody —— — '— mith Chief Deputy ?Dili �� Kl� 0� ` . v�` +� "^` ." " ' Richard W Stewart Solicitor OFF 4awpTHE m*sR1Fp CUMBERLAND COUNTY PENNSYLVANiA Cavalry SPV 1, LLC vs. Harry R. Golden Case Number 2013-7461 SHERIFF'S RETURN OF SERVICE 09/22/2014 11:25AM'William Cline, Deputy, who beiduly sworn according to Iaw, 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, Members 1st Federal Credit Union, 1711 Spring Road, North Middleton Township, Carlisle, PA 17015, Cumberland County, by handing to Laurie Shultz, Member Services, 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 September 23, 2014 Harry R. Golden at 139 Virginia Avenue, Carlisle, PA 17013-1069. September 23, 2014 CauntySuRe sheriff, Teleosoft. inc. CLINE, DEPUTY SO ANSWERS, RONNYRANDERSON, SHERIFF e Our File No.: 361613 ) CAVALRY SPV I, LLC ) ) COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY vs. ) ) HARRY R GOLDEN ) NO.: 13 -7461 -CIVIL 139 VIRGINIA AVE ) CARLISLE, PA 17013-1069 ) Civil Action XXX -XX -3484 ) ) Defendant ) MEMEBERS 1ST FCU ) ) ) ril :r-ri •-: U4476. ) 7 SE Ti. c.nr— f-r7 --,.. %....o N.) 014: Garnishee .-1--„, TO: MEMEBERS 1ST FCU, Garnishee: INTERROGATORIES TO GARNISHEE c---, > c-, -C rZ --; CM :' ^ ..,.._ --r .----: 6 r- -•,= You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. RECEIVED 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? IVI\ :12-S 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 seiRV§- a any subsequent time you 1.11(WEI as fiduciary any property in which the 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? defendant(s) had any interest? 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 \c) 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. How much is the value of any property in your possession belonging to the defendant(s)? t53\ 10. In the space below, the plaintiff may set forth additional appropriate interrogatories. Dated: David J. Apthaker, Esquire APOTHAKER SCIAN P.C. 520 Fellowship Road C306 PO Box 5496 Mount Laurel, New Jersey 08054 (856) 780-1000 Attorneys for Plaintiff RECEIVED SEP 2 4 2014 Our File No.: 361613 APOTHAKER SCIAN 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 Plaintiff vs. HARRY R GOLDEN Defendant MEMEBERS 1ST FCU Garnishee THE P ;O HONG IAR'r 2014 OCT 31 PH 2:,25 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 13 -7461 -CIVIL Civil Action PRAECIPE TO DISSOLVE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, MEM 1ST FCU, dissolved. David J. Apo `' aker, Esquire Attorney for Plaintiff *9-si, Pd%'� 0.11 31a 912.