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Home My WebLink About13-7612 'Supreme Court-of Pennsylvania : Cou K Cony Pleas ' ► ` et For Profhonotajri Use 0,nly: D C!Oun Py Docket No � 3 - 7l�la �lu�( lean f►f� 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 El Transfer from Another Jurisdiction El Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T CAVALRY SPV II, LLC, AS ASSIGNEE OF GE DAVID GRIMES I MONEY BANK/WAL -MART 0 Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: Anothaker 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 ❑ Employment Dispute: S include mass tort) E F-1 Slander/Libel/ Defamation Discrimination ❑ Other: El Employment Dispute: Other C ❑ Zoning Board T ❑ Other: I 1 1 1 ❑ Other: 0 MASS TORT N El Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment � [:1 Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment $ ❑ 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 t y 1 tJ f { L ! s T \ �1 � 7 1 0 11, .,1 FA I - t Our File No.: 366176 APOTHAKER & ASSOCIATES, P.C. 2 1 3 DEC 26 KI 1; 15 BY: David J. Apothaker, Esquire Attorney I.D.# 38423 CUMBE tLAt101 COUNT 520 Fellowship Road C306 P E NNSY LVANI A Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff CAVALRY SPV II, LLC, AS ASSIGNEE OF ) COURT OF COMMON PLEAS GE MONEY BANK/WAL -MART ) CUMBERLAND COUNTY 500 SUMMIT LAKE DRIVE STE 400 VALHALLA, NY 10595 -1340 j NO.: 13- rj( (Jlv�l `Teto Plaintiff, ) vs. ) DAVID GRIMES ) 1 DIANE CT ) CARLISLE, PA 17015 -7774 ) 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 g 717- 249 -3166 X103.`15 PA A 71q (� � 9 9777 Our File No.: 366176 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 II, LLC, AS ASSIGNEE OF ) COURT OF COMMON PLEAS GE MONEY BANK/WAL -MART ) CUMBERLAND COUNTY 500 SUMMIT LAKE DRIVE STE 400 ) VALHALLA, NY 10595 -1340 ) NO.: Plaintiff, ) VS. ) DAVID GRIMES ) 1 DIANE CT ) CARLISLE, PA 17015 -7774 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CAVALRY SPV II, LLC, AS ASSIGNEE OF GE MONEY BANK/WAL- MART, 500 SUMMIT LAKE DRIVE STE 400, VALHALLA, NY 10595 -1340. 2. Defendant(s) is /are DAVID GRIMES ( "Defendant "), an adult individual residing at 1 DIANE CT, CARLISLE, PA 17015 -7774. 3. Plaintiff is the Assignee and Successor in Interest of a credit account ( "Account "). 4. The Account number ends in 5930. 5. The Account was issued to Defendant by GE MONEY BANK/WAL -MART, the original creditor. 6. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 7. The account is in default due to Defendant's failure to make timely payments. 8. Although demand has been made, Defendant has failed to make payment of the amount due. 9. The amount due as of this date is $7,607.08. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant for the sum of $7,607.08 and requests this Court award costs to the extent permitted by applicable law. APOTHAKE & kSSOCIATES, P.C. Att rney or Plaintiff A Law Firm ngag d in Debt - ollection BY: David I A aker, Esquire Our File No.: 366176 366176 VERIFICATION I, F2 LANCE KAt4u6L hereby state that I am AUia{ oF RcPR�s� NrA�sJ� 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. ffiant Name Defendant's Name: DAVID GRIMES Account Number: ending in 5930 Wal mart® DAVID M GRIMES JR Visit us at walmart.com /credit Discove C ard Account Number. —5930 Customer Service: 1- 866.314 -9507 Summa of Account Activit _ _ Pa yment Information Previous Balance $7,607.08 New Balance $0.00 - Other Credits $7,607.08 Minimum Payment This Period $1,660.00 New Balance $0.00 Amount Past Due $0.00 Total Minimum Payment Due $1,660.00 Credit Limit $6,300 Payment Due Date 08/2012010 Available Credit $0.00 Late Payment Waming:lf we do not receive your minimum Cash Advance/Quick Cash Limit $800 payment by the date listed above, you may have to pay a late Available Cash $0.00 fee up to $35.00 and your APRs may be increased up to a Statement Closing Date 08117/2010 Penalty APR of 29.90 %. Days in Billing Cycle 28 C a s h Ea rned Summa Cash News _ _ -- Previous Balance $0.00 Earning cash back with the Walmart® Discover® ( +) Earned This Period $0.00 is easyl Simply use your card everywhere = Balance $0.00 DiscoverO is accepted. Remember every time you earn just $10, you will receive a check in your billing statement -.it's automatic. Transaction Summa Tran Post Date Date Reference Number Description of Transaction or Credit Amount 08/17 08/17 F621000KM00999990 CHARGE OFF ACCOUNT - PRINCIPALS ($6,044.07) 08117 08/17 F621000KM00999990 CHARGE OFF ACCOUNT *FINANCE ($1,563.01) CHARGES' FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED 08/17 08/17 INTEREST CHARGE ON PURCHASES $0.00 08/17 08/17 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2010 Totals Year- To-Date Total Fees Charged in 2010 $0.00 Total Interest Charged in 2010 $346.74 . Interest Char Calculation Your Annual Percentage Rate (APR)s the annual interest rate on your account. Type of Balance Expiration Date Annual Percentage Balance Subject t o Interest Charge Rate Interest Rate Regular Purchases NA 29.90% $0.00 $0.00 Cash Advances NA 29.90% $0.00 $0.00 Transactions on or before 04/02/2010 Regular Purchases N/A 29.90% $0.00 $0.00 Cash Advances N/A 29.90% $0.00 $0.00 Quick Cash N/A 29.90% $0.00 $0.00 Cardholder News and Information The year to date information shown on this statement reflects a partial year, starting from the time the information first appeared on your billing statement. . PAYMENT DUE BY 5 P.M. !ET) ON THE DUE DATE NOTICE: We may convert your payment Into an electronic debit. See reverse for details, Billing Rights and other important information. 5404 BGH 1 5 17 100817 Z X PAGE 1 of 1 6210 1000 A203 OICM5404 Detach and mail this portion with your check. Do not Include any correspondence with your check. —� WaImart y Account Number Total M(nimum Amount Payment Due Ova Himit New Balance Save money. Live better. Payment Due Past Due Date Amount _ $1,660.00 $0.00 08/20/2010 $0.00 $0.00 Payment Enclosed: 11 El [I F] Fl. F1 F1 se blue or black Ink. New address or email? Print changes on back. ' DAVID M GRIMES JR 8 BIG SPRING TER NEWVILLE PA 17241 -9468 Make Payment To: WALMART DISCOVER/GEMB PO BOX 960024 ORLANDO, FL 32896 -0024 CustomerService/ Questions: For account information, please call the toll free number on the front of this statement. Unless your name is listed on this statement, your access to information on the account maybe limited. You may also mail questions (but not payments) to: P.O. Box 981469, El Paso TX 79998.1469. Please include your account number on any correspondence you send to us. Payments: Send payments to the address listed on the remittance portion of this statement or pay online. Notice: See below for your Billing Rights and other important information. Telephoning about billing errors will not preserve your rights under federal law. To preserve your rights, please write toour Billing Inquiries Address, P.O. Box 981470, El Paso, TX 79998 -1470. Purchases, returns, and payments made just prior to billing date may not appear until next month's statement. When you provide a check as payment, you authorize us either to use information from your check to make a one -time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds maybe withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. You may choose not to have your payment collected electronically by sending your payment (with the payment stub), In your own envelope — not the enclosed window envelope, addressed to: P.O. Box530993, Atlanta, GA 30353 -0993 and notthe Payment Address, What To Do If You Think You Find A Mistake On Your Statement Information About Payments: You may pay more than the Total If you think there is an error on your statement, write to us at: Minimum Payment at any time. Payments received after 5:00 PM (ET) GE Money Bank on any day will be credited as of the next day. Credit to your Account may P.O. Box 981470, El Paso, TX 79998 -1470 be delayed up to five days if payment (a) is not received at the Payment In your letter, give us the following information: Address, (b) is not made in U.S. dollars drawn on a U.S. financial institution • Account information: Your name and account number. located in the U.S., (c) is not accompanied by the remittance coupon • Dollar amount The dollar amount of the suspected error. attached to your statement, (d) contains more than one payment or • Description of Problem: If you think there is an error on your bill, remittance coupon, (e) is not received inthe remittance envelope provided describewhatyou believe is wrong and whyyou believe it Ise mistake. or (1) includes staples, paper clips, tape, a folded check, or You must contact us within 60 days after the error appeared on your correspondence of any type. Condifional Pavments All written statement. communications concerning disputed amounts, including any check or You must notily us of any potential errors in writing. You may call us, but other payment instrument that: (i) indicates that the payment constitutes if you do we are not required to investigate any potential errors and you payment in full' or is tendered as full satisfaction of a disputed amount, or may have to pay the amount inquestion. (ii) is tendered with other conditions or limitations (Disputed Payments'), While we investigate whether or not there has been an error, the must be mailed or delivered to us at P.O. Box 981470, El Paso, TX following are true: 79998 -1470. • We cannot try to collect the amount in question, or report you as Credits To Your Account. An amount shown in parenthesis or delinquenlonthatamount. preceded by a minus ( -) sign is a credit or credit balance unless • The charge in question may remain on your statement, and we may otherwise indicated. Credits will be applied to your previous balance continue to charge you interest on that amount. But, if we determine that immediately upon reoeipt, but will not satis fyany required paymentthat we made a mistake, you will not haveto paythe amount in question orany maybedue. interest or other fees related to that amount. Credit Reports And Account Information: If you believe that we have • While you do not have to pay the amount in question, you are reported inaccurate information about you to a consumer reporting responsible forthe remainderof yourbalance. agency, please contact us at P.O. Box 981471, El Paso, TX 79998 -1471. • We can apply any unpaid amount against your credit limit. In doing so, please identify the inaccurate information andlell us whyyou Your Rights If You Are Dissatisfied With Your Credit Card believe it is incorrect. If you havea copy of the credit report that includes Purchases the inaccurate information, please include a copy of that report. We may If you are dissatisfied with the goods or services that you have report information about your account to credit bureaus. Late payments, purchased with your credit card, and you have tried in good faith to missed payments, or other defaults on youraccount maybe reflected in correct the problem with the merchant, you may have the right not to your credit report. pay the remaining amount due on the purchase. Balance Subject To Interest Charge Calculation To use this right, all of the following must be true: Daily Balance method: 1. The purchase must have been made in your home state or within 100 We figure the interest charge on your account by applying the periodic miles of your current mailing address, and the purchase price most have rate to the "daily balance' of your account for each day in the billing been more than $50. (Note: Neither of these are necessary if your cycle. We then add the interest to the daily balance. To get the'daily purchase was based on an advertisement we mailed to you, or if we own balance°we take the beginning balance ofyouraccounl each day (which thecompanythat sold you the goods orservices.) includes unpaid interest), add any new charges, and applicable fees, 2. You must have used your credit card for the purchase. Purchases and subtract any payments or credits. This gives us the daily balance. made with cash advances from an ATM or with a check that accesses Any daily balance of less than zero will be treated as zero. A separate your credit card account do not qualify daily balance will be calculated for each balance type on your account. 3. You must not yet have fully paid for the purchase. The balance(s) shown in the Interest Charges section of this statement If all of the criteria above are met and you are still dissatisfiiedwith the isthesumoflhedailybalancesforeach day inthe billing cycledividedby purchase, contact us in writingat: the numberof days in the billing cycle. GE Money Bank Bankruptcy Notice: If you file bankruptcy you must send us notice, P.O. Box 981470, El Paso, TX 79998 -1470 including account number and all information related to the proceeding Whilewe investigate, thesame rules applytc the disputed amount as to the following address: GE Money Bank, Attn: Bankruptcy Dept., discussed above. After we finish our investigation, we will tell you our PO.Box 103104, Roswell, GA 30076. decision. At that point, if we think you owe an amount and you do not Your account is owned and serviced by GE Money Bank. pay we may report you as delinquent. Hearing Impaired: TDD users call 1- 800 -444 -1732. 01CM5404 -4- 06/282010 This is an attempt to collect a debt and arty information obtained will be used for that purpose. *By providing atelephone number on your account, you consent to GE Money Bank and any other owner orservicerof your account contacting you about your account, including using any contact information or cell phone numbers you provide, and you consent to the use of any automatic telephone dialing system and/or an artificial or prerecorded voice when contacting you, even if you are charged for the call underyour phone plan. For changes of address, phone number and/or email, please check the box and print the changes below. Name Street Address City, State, ❑ Zip Phone # E -mail Home Phone # Business Phone # "Cell # or other phone # we Email Address can use to contact you By providing your email address, you agree to receive email communications about your account and also give permission for us to share your email address to Walmart. B IL L OF SALE: Asks) AsSIGNME;NT oF` AcrOUNTS Ifoward Marc Spector { "Seller "), solely in his capacity as court appointed receiver of certain assets of Precision Recovery Analytics, Inc., hereby absolutely sells, transfers, assigns, sets over and conveys to Cavalry 5PV 11, 1.,LC, a limited liability company organized under the laws of the State of Delaware ( "Assignee "), without recourse; and without representations or warranties except those as set forth in the Agreement (as defined below), express or implied, of any type, kind or nature: (a) all of Seller's right, title, and interest in and to each of the accounts identified in the Account Schedule attached to the Agreement as .Exhibit A; provided, however, that, anything contained in the Agreement to the contrary notwithstanding, the Accounts identified on Exhibit I hereto, shall taot constitute Accounts and shall not be sold, transferred, assigned, set over or conveyed to Assignee (the accounts identified on the Account Schedule attached to the Agreement as Exhibit A, alter excluding; the accounts identified on Exhibit 1 hereto are collectively referred to herein as the "Accounts "); and (b) all. proceeds or consideration of any kind received with respect to the Accounts: after the Cut -Off Date (as defined in the Agreement). This Bill of Sale is being executed and delivered pursuant to and in accordance: with the terms and provisions of that certain Asset Purchase; and Stale Agreement made and entered into by and among Seller, Cavalry Investments, LLC, as buyer, Assignee, as lender, and Cavalry Advisory Services, LLC:, as agent far lender, dated November 21; 2012 (as amended, the "Agreement "). The Accounts tare defined and described in the Agreement (subject to excluding; accounts identified on Exhibit I hereto) and are being conveyed hereby subject to the teri as, conditions and provisions set forth in the Agreement. t This Hill of Sale shall be governed by the laws of the State of Texas without regard to the conflicts -of -laws rules thereof. DATED: Fcbruary,V20l3 SELL t: v �✓ I I()l ARD MARC 1.`C TOR, solely in his capacity as court-appointed receiver f'or certain assets of Precision Recovery Analytics, Inc, EAS7154971876.1 STATE: OF "I'[ XAS ) ) ss. COUNTY Ql DALLAS } This Bill cif Sale was acknowledged before me on the or day of 1 2013), by I lowai Marc Spector, solely in his capacity as court - appointed receiver of certain Assets of Precision Recovery Analytics, lnc,, ,m Seller. STEPHANIE PATRICIA SHANK ° : Y Notary Public. State of Texas MY Commission Expires aurae zs, zots Notary Pu is in and for the State of'Fexas My Commission Expires: I<ASTt54971876.1 N t PURCHASE _DATE ACCT CONTRACT ORIG LAST_PAY DATE CREDITOR `INITIAL_ BALANCE ATLASYN_FULL_NAME(RR.NAME_U) SS NO 2/20/2013 5930 3/4/2007 GE Money Bank/ Wal -Mart 7607.08 DAVID GRIMES =586 file: / //IJI/DOCS/FILES/ 366000 / 366176/ 16566870 - schedulea- 16566870.txt[l l/20/2013 1:49:31 PM] SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,. . . Jody S Smith „ i�tr 01 t':zt ill tarrr 9 I Vii, 4 Chief Deputy ,' :, J1111 -8 (`=,N 9: Richard W Stewart ,.,t€i i;•?Li,I l'i_i t vI.);, i Solicitor ,,� ' r$,wR;F.= Cavalry SPV I, LLC vs. Case Number David Grimes 2013-7612 SHERIFF'S RETURN OF SERVICE 12/31/2013 07:37 PM- Deputy Shawn Harrison, being duly sworn according to I. -• - :quested Complaint & Notice by"personally" handing a true copy to a person representi - be the Defendant, to wit: David Grimes at 1 Diane Court, Lower Frankford, Carlisle, PA iit AWN H' -RIS• I, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, .9._ ''''l January 02, 2014 RONK?R ANDERSON, SHERIFF Our File No.: 366176 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 II, LLC, AS ASSIGNEE OF GE MONEY BANK/WAL -MART vs. DAVID GRIMES Plaintiff Defendant OFFICE � H Nv TAR UMB R!. aNO COUNTY PENNSYCYANiA ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 2013 -07612 ) ) Civil Action ) ) PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, DAVID GRIMES, in the default of an Answer, in the amount of $7,607.08 computed as follows: Amount claimed in complaint: Less: Amount Paid: Plus: Interest from December 26, 2013 to February 3, 2014 at the legal interest rate of 0.00% per annum Attorney fees TOTAL I certify that Defendant, DAVID GRIMES, las CARLISLE, PA 17015 -7774. address is 1 DIANE CT David J. Ap raker, Esq. Attorney for Plaintiff 7,607.08 ( 0.00) 0.00 0.00 7,607.08 awAl&kt,TpcA etta? '\ofiCa )VOLjPJ CAVALRY SPV II, LLC, AS ASSIGNEE OF GE ) COURT OF COMMON PLEAS MONEY BANK/WAL -MART ) CUMBERLAND COUNTY ) NO.2013 -07612 DAVID GRIMES ) vs. To: DAVID GRIMES 1 DIANE CT CARLISLE, PA 17015 -7774 Date of Notice: January 20, 2014 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 366176 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 I liii 1111111111 Oil Our File No.: 366176 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 II, LLC, AS ASSIGNEE ) CUMBERLAND COUNTY OF GE MONEY BANK/WAL -MART ) ) Plaintiff ) NO.: 2013 -07612 vs. ) ) Civil Action DAVID GRIMES ) ) 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 penalties of 18 Pa.C.S.A. §4904, relating to David J. Altrer, Esq. Attorney for ' intiff unsworn falsification to authorities. Our File No.: 366176 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 II, LLC, AS ASSIGNEE ) CUMBERLAND COUNTY OF GE MONEY BANK/WAL -MART ) ) Plaintiff ) NO.: 2013 -07612 vs. ) ) Civil Action DAVID GRIMES ) ) 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 1 DIANE CT CARLISLE, PA 17015 -7774. We inquired with the web site of the Defense Wilson Boulevard, Suite 400, Arlington, VA 2220 branch of the military. Mary M. Snavely- Dixon, Director of the our inquiry indicated that the Defendant(s) is /are n efense tinth ower Data Center, located at 1600 , if the Defendant(s) is /are in any anpow,er Data Center has sent back military/. David J. Apot 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 10:21:26 AM SCRA 3.0 Status Report Pursuant to Se r ce;rrtembers Civil Relief Act Last Name: GRIMES First Name: DAVID Middle Name: Active Duty Status As Of: Feb -03 -2014 On Active Duty On Active Duty Status Date Active Duly Start Date Active Duty End Date Status Service Component NA NA .-" No NA This response reflects the individuals' active duly status based on the Active Duty Stalus Dale Left Active Duty Within 367 Days of Active Duty Status Dale Active Duty Start Date Active Duty End Date Status Service Component NA f NA - . No .. .. NA This response reflects where the individual left active duty status within 367 days preceding the Active Duly Status Date The Member or His /Her Unit Was Notified of a Future Cali-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA ''' NA ' No : NA This response reflects whether 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 etense Manpower ootacomer(mwoc) isanvrganizationmmeoepanment of Defense (DoD) that maintains the Defense Enrotlment 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 entorcement of (he Servicemembers Civil Relief Act (muSC App. O501 et seq, as amended) (SCRA) (formerly known as the Soldiers and Sailors Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "doe 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/PCO9SLDR.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 nformation: (1) The individuars Active Duty status on the Active Duty Status Date (2) Whether the individual Ieft 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 wit muooym1(d) (1). Prior to 2010 only some of the active duty periods Iess than 30 consecutive days in tength were available. In the case of a member of the National Guard, this includes service under a calI 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 Fresident and supported by Federal funds. Alt Active Guard Reserve (AGR) members rnust be assigned against an authorized mobi?ization position in the unit they support. This includes Navy Training and Administration of the Reserve (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 en Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty rec mvxxoomounnvrmcmsorvicespnnnov 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 perio of active duty, whic would exten SCRA protections Persons seeking to rely on thls 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 actuatly 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 estend beyond the Iast dates of active duty. Those who could rely on this certificate are urged m seek vualifio legal counsel to ensure that all rights guaranteed to Service members unde the SCRA are protected WARNING: This certificate was provided based onnlastname.SSN/datembirth.andmctive duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: N7KB7BE25O10Z8O OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: DAVID GRIMES 1 DIANE CT CARLISLE, PA 17015-7774 ) COURT OF COMMON PLEAS OF CAVALRY SPV II, LLC, AS ASSIGNEE ) CUMBERLAND COUNTY OF GE MONEY BANK/WAL-MART ) ) Plaintiff ) NO.: 2013-07612 vs. ) ) Civil Action DAVID GRIMES ) ) 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 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