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HomeMy WebLinkAbout13-7476 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff NO. 3 - 7�7(p i i I Term V. CIVIL ACTION - LAW JACK A BENDER M CD C:7 x M 38x3 Glenux cxd Ave �ll . zM rn t- ;� C--� -a LMpki PP 17D" Defendant(s) r- zy 3C PRAECIPE TO ENTER JUDGMENT ON ° ty � MAGISTERIAL DISTRICT JUDGE'S TRANSCRIPT OF JUDGMENT - ` -< co 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 $ 2226.26 , which consists of $ 2109.90 as principal, $0.00 as interest and $ 116.36 as costs less payments of $ 0.00 , plus interest thereon from the date of that judgment, as provided by law. Respectf ill S b itted, By: Michael B. Volk #88553 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 APPEAL As of the date of this filing a District Justice appeal has not b e fil d in the Court of Common Pleas of CUMBERLAND County. Michael B. Volk #88553 FFG file #: 379328 I IIIIII VIII VIII VIII VIII VIII VIII IIIIIII III VIII IIIIIII II IIII $3(. Pb A PAPA TRANSJ _ _r COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND W"I Case Mag. Dist. No: MDJ- 09 -1 -01 Cavalry SPV I, LLC MDJ Name: Honorable Charles A. Clement Jr. V. Address: 920 Linda Lane Jack A Bender Camp Hill, PA 17011 Telephone: 717 -737 -3434 Cavalry SPV.I, LLC Docket No: MJ- 09101 -CV- 0000342 -2013 c/o Fulton Friedman & Gullace, LLP Case Filed: 9/16/2013 6 Kacey Court, Suite 203 Mechanicsburg, PA 17055 Disposition Summary (cc - Cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-091 01 -CV-0000342-2013 Cavalry SPV I,LLC Jack ABender Default Judgment for Plaintiff 11/01/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Cavalry SPV I, LLC $0.00 $0.00 $0.00 Jack ABender $0.00 $2,226.26 $2,226.26 Judgment Finding ('PostJudgment) In the matter of Cavalry SPV I, LLC vs. Jack A Bender on MJ- 09101 -CV- 0000342 -2013, on 11/01/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,109.90 $2,109.90 Costs $0.00 $116.36 ~ t $116.36 Grand Total: $2,226.26 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 HOLDS? ELECTS TO ENTER THE JUDGMENT IN THE COURT OF CON11MON PLEAS. ALL FURTHER PROCESS MUST COME FROPr1 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. . ♦ ` A & l 11/1/2013 ! ;. Date Magisterial District Judge Charles A. Clement Jr. certify that this is a true and correct copy of the record of the proceedings containing t e Ju gment. 12/4/2013 a61A Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 11/01/2013 11:36:33AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff NO. V. CIVIL ACTION - LAW JACK A BENDER Defendant(s) CERTIFICATE OF LAST KNOWN ADDRESS I hereby certify that the last known address of Defendant and the Plaintiff are as follows: JACK A BENDER Cavalry SPV , 3803 GLENWOOD AVE # 11 500 SUMMI A DRIVE CAMP HILL PA 17011 -6945 VALHALL Y 10595 -1340 Michael B. Volk #88553 CERTIFICATE OF SERVICE I, 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: JACK A BENDER 3803 GLENWOOD AVE # 11 CAMP HILL PA 17011 -6945 Defendant(s) Date: 1 I�_, 2013 Michael B. Volk #88553 FFG file #: 379328 I IIIIII VIII VIII VIII VIII VIII VIII IIIIIII III VIII IIIIIII II IIII PA/PA_TRANSJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff NO. V. CIVIL ACTION - LAW JACK A BENDER 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 $ 2226.26 , which consists of $ 2109.90 as principal, $0.00 as interest and $ 116.36 as costs less payments of $ 0.00 , plus interest thereon from the date of that judgment, as provided by law. NOW, 10 , 20 JUDGM T IS TE AS ABOVE P ho W . By: Deputy I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: JACK A BENDER 3803 GLENWOOD AVE # 11 CAMP HILL PA 17011 -6945 Defendant(s) Michael B. Volk #88553 FFG file #: 379328 I I�'lll I'III IIIII VIII IIIII VIII I�I�I IIIIIII ICI I)III IIIIIII II IIII PA/PA_TRANSJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC : ❑ Confessed Judgment assignee of HSBC Bank Nevada,N.A.\Household Bank : El Other : Docket No. 13-7476 civil term v : Judgment Amount $2226.26 : Less Payments $(0.00) JACK A BENDER : Interest: $19.42 3803 GLENWOOD AVE# 11 : Total: $2245.68: Atty's CAMP HILL PA 17011-6945 Comm: $ Costs: $ PRAECIPE FOR ATTACHMENT" LAM—l U i iviv 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 County, for debt, interest and costs, directing attachment against PNC BANK,as Garnishee,for the following pro p- of the defendant(s): All accounts, including but not limited to, all savings, checking • . o 5 er accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, sec pons and all other property of the defendant(s) in the possession, custody or control of Garnishee. Date = 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:#885530 FFG File# 379328 111111 11111 11111 11111 1111111111 111111111111 1111111111111I i ll I l i l cry <c) cr A. a 5 S6 ( L- elut- Difs6e.) p.kk 3o 6x icta PA BANKPWRITC WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-7476 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,ASSIGNEE OF HSBC BANK NEVADA N.A./HOUSEHOLD BANK Plaintiff(s) From JACK A. BENDER,3803 GLENWOOD AVENUE#11,CAMP HILL,PA 17011-6945 (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: PNC BANK, 140 CAMP HILL SHOPPING MALL,CAMP HILL,PA 17011 -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. and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) 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$2,226.26 Plaintiff Paid$ Interest$19.42 Attorney's Comm. % Law Library$.50 Attorney Paid$60.25 Due Prothonotary$2.25 Other Costs$ / Date: 2/28/14 tom® David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name : MICHAEL.B.VOLK,ESQ. Address: FULTON,FRIEDMAN&GULLACE LLP 6 KACEY COURT,SUITE 203 MECHANICSBURG,PA 17055 Attorney for: PLAINTIFF Telephone: 866-563-0809 Supreme Court ID No. 885530 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Sri Cumber/4 I J Jody S Smith Chief Deputy ;0 4 MAR `0 Ali ' 20 Richard W Stewart Solicitor .., .. - rE13Et4 ..AaO Inc +t i `C PENNSYLVANIA Cavalry SPV, I, LLC,As Assignee of HSBC Bank Nevada, N.A./Household B Case Number vs. 2013-7476 Jack A Bender SHERIFF'S RETURN OF SERVICE 03/06/2014 11:20 AM-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, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Susan Casale, Sales Consultant, 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 writ of execution and notice to defendant was mailed on March 7, 2014 to Jac •. Bender at 3803 Glenwood Ave, #11, Camp Hill, PA 17011-6945. 7-- ILLIA 'CLINE, DEPUTY SO ANSWERS, March 07, 2014 RONNR ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC assignee of HSBC Bank Nevada, N.A. \ Household Bank Plaintiff NO. 13 -7476 civil term v. CIVIL ACTION - LAW JACK A BENDER Defendant(s) PRAECIPE TO DISCONTINUE ATTACHMENT TO THE PROTHONOTARY: w-� Please discontinue the Writ of Execution filed against Garnishee PNC BANK in the referenced matter without prejudice. Michael B. Volk, Esq. #885530 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: JACK A BENDER 3803 GLENWOOD AVE # 11 CAMP HILL PA 17011 -6945 PNC BANK 140 Camp Hill Shopping Mall Camp Hill PA 17011 FFG file #: 379328 PA/PA_PRAEDISATT Michael B. Volk, Esq. Attorney ID #885530 1111111 11111 1111111111111111111111111111 11111111 I II 11111111111111 tkx,4 a) ULAi "X)9SF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,- , FL.E - FF1C( Sheriff OF titi PROTHONOTARY Jody S Smith Chief Deputy OCT -I AM 11: ;J 5 Richard W Stewart f,fFH,��}COUNTY Solicitor FIC:QFTK!!SFi „$JFr PENNSYLVANIA 0:010,oSetfa� Cavalry SPV, I, LLC, As Assignee of HSBC Bank Nevada, N.A./Household B vs. Jack A Bender Case Number 2013-7476 SHERIFF'S RETURN OF SERVICE 03/06/2014 11:20 AM - 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, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Susan Casale, Sales Consultant, 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 writ of execution and notice to defendant was mailed on March 7, 2014 to Jack A. Bender at 3803 Glenwood Ave, #11, Camp Hill, PA 17011-6945. 10/08/2014 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: $88.76 SO ANSWERS, October 08, 2014 RONPT ( R ANDERSON, SHERIFF (c) County; uito Sherif!, Teleosoft, inc.