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HomeMy WebLinkAbout14-0239 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff NO. w > .t1 V. CIVIL ACTION - LAW PETER JENSEN - .,D r rr Defendant(s) 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 $ 3066.63 , which consists of $ 2926.37 as principal, $0.00 as interest and $ 140.26 as costs less payments of $ 0.00 , plus interest thereon from the date of that judgment, as provided by law. Respectfully u tted, 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 been fil d in e ourt of Common Pleas of CUMBERLAND County. Michael B. Volk #88553 FFG file #: 377929 + I I IIIIII VIII VIII VIII VIII VIII VIII IIIIIII III VIII IIIIII III IIII CAL 2 c> PA/PA_TRANSJ w. L r✓ Ve- ..CC 94MONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -05 CALVARY SPV I, LLC MDJ Name: Honorable Mark Martin V. Address: 507 North York Street Peter Jensen Mechanicsburg, PA 17055 Telephone: 717- 766 -4575 Michael B. Volk, Esq. Docket No: MJ- 09305 -eY- 000152-2;013 .r- Fulton Friedman & Gullace, LLP Case Filed: 9/3/2013'rs� =y= 6 Kacey Court, Suite 203 €rn. o _ O r Mechanicsburg, PA 17055 i" �; f L Disposition Summary (cc - Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09305 -CV- 0000152 -2013 CALVARY SPV I, LLC Peter Jensen Default Judgment for Plaintiff 11/15/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount CALVARY SPV I, LLC $0.00 $0.00 $0.00 Peter Jensen $0.00 $3,066.63 $3,066.63 Judgment Findiiii "(• PostJudgment) In the matter of CALVARY SPV I, LLC vs. Peter Jensen on MJ- 09305 -CV- 0000152 -2013, on 11/15/2013 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,926.37 $2,926.37 Filing Fees $0.00 $140.26 $140.26 Grand Total: $3,066.63: ° ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK 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, SETT OR OTHERWISE COMPLIES WITH THE JUDGMENT. r Date Magisterial District Judge Mark Martin certify that this is a true and correct copy ot the record of the proceedings contain 6 a lu ment 1"L r3 Date Magisterial District Judge - MDJS 315 Page 1 of 2 Printed: 11/15/2013 9:48:47AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff NO. V. CIVIL ACTION - LAW PETER JENSEN Defendant(s) CERTIFICATE OF LAST KNOWN ADDRESS I hereby certify that the last known address of Defendant and the Plaintiff are as follows: PETER JENSEN Cavalry SPV I, L 808 GENEVIEVE DR 500 SUMMIT DRIVE MECHANICSBURG PA 17055 -9545 VALHALLA 0595 -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: PETER JENSEN 808 GENEVIEVE DR MECHANICSBURG PA 17055 -9545 Defendant(s) Date: - Z-04 Michael B. Volk #88553 FFG file#: 377929 1 11111111111 IIIII IIIII IIIII IIIII Illll 1111111 III IIIII 111111 III illl PA/PA_TRANSJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV i, LLC 1 Plaintiff NO. 1 ( � r Ca l V CIVIL ACTION - LAW PETER JENSEN 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 $ 3066.63 , which consists of $ 2926.37 as principal, $0.00 as interest and $ 140.26 as costs less payments of $ 0.00 , plus interest thereon from the date of that judgment, as provided by law. - NOW, , 20 `► , JUDGMENT S E ABOVE. Prot ary /C e i ivtsion 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: PETER JENSEN 808 GENEVIEVE DR MECHANICSBURG PA 17055 -9545 Defendant(s) Michael B. Volk #88553 FFG file #: 377929 PA/PA_TRANSJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC : ❑ Confessed Judgment assignee of GE Retail Bank/Lowe's Consumer : lJ Other : Docket No. 14 239 civil v : Judgment Amount $3066.63 : Less Payments $(0.00) PETER JENSEN : Interest: $16.84 808 GENEVIEVE DR : Total: $3083.47: Atty's MECHANICSBURG PA 17055-9545 Comm: $ : Costs: $ PRAECIPE FOR ATTACHMEN'i I t A.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 CITIZENS BANK , as Garnishee, for the following property of the defendant(s): All accounts, including but not limited to, all savings, chec, n∎ d other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, set" r'; ' ; coupons and all other property of the defenc alnt(s))in thLIppssession, custody or control of Garnishee 4 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 i-j -f+ In FFG File# 377929 ,r `� cr cz� 1111111 11111 11111 11111 IIH1111111111111 111111111111 1 1111 1111 cp q:-YA ak‘t°\ O ' a s Ct3E ■ So � PA_BANKPWRITC t, 3 Y &-/Sa,eci WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 14-239 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 GE RETAIL BANK/LOWE'S CUSTOMER Plaintiff(s) From PETER JENSEN 808 GENEVIEVE DRIVE,MECHANICSBURG,PA 17055 (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: CITIZENS BANK,2 MAIN STREET,MECHANICSBURG,PA 17055 -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 DFENDANT(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$3,066.63 Plaintiff Paid$ Interest$16.84 Attorney's Comm. % Law Library$.50 Attorney Paid$60.25 Due Prothonotary$2.25 Other Costs$ Date: 2/28/14 t2f David D. Buell,Prothonotary By: Deputy 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.885530 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff bpi Jody S Smith Chief Deputy ,' I.J11111AR 10 AH H 9 0 Richard W Stewart I3UMBERLAND COUN.. , Solicitor PENNSYLVANIA Cavalry SPV, I, LLC Assignee of GE Retail Bank/Lowe's Customer Case Number vs. Peter Jensen 2014-239 SHERIFF'S RETURN OF SERVICE 03/05/2014 01:31 PM-Shawn Gutshall, 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, Citizen's Bank, 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Janine Sheaffer, Senior Personal Universal Banker, 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 Peter Jensen at 808 Genevieve Drive, Mechanicsburg, PA 17055-9545. MrIfffi SH GUTSHALL, DEPUTY SO ANSWERS, March 07, 2014 RONO R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CAVALRY SPV,I,LLC Plaintiff(s), VS. PEI ER JENSEN Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. CIVIL DIVISION 2014239 • ANSWERS TO IN IERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS 1 to 12) At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of Pennsylvania, states that it maintains no record of any deposit account in the name of the defendant, PETER JENSEN, accordingly, no funds are being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Bethan Harris who being duly sworn according to the law deposes and says that she is the Ops Associate II, Operations Services, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. Sworn and subscribed before me this day of , 2014. Lary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Public Penny J. Donaldson, Notary Public City of Pittsburgh, Allegheny County , n My Commission Expires Jan. MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIE Certificate of Service I, Bethan Harris, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this gy day of etdc&h , 2014. MICHAEL B VOLK, ESQ FULTON, FRIEDMAN & GULLACE, LLP 6 KACEY CT MECHANICSBURG, PA 17055 PE IER JENSEN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CAVALRY SPV,I,LLC, Plaintiff(s), VS. PE I ER JENSEN, Defendant(s), VS. Citizens Bank of Pennsylvania, Garnishee. CIVIL DIVISION 2014239 Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax ndeenis@stradley.com www.stradley.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC assignee of GE Retail Bank/Lowe's Consumer Plaintiff v. PETER JENSEN Defendant(s) FRO MONO T.10< < 20F4 APR I I PH 3:21 NO. 14 239 civil CIVIL ACTION - LAW C MBE RI_AND COUNT Y PENNSYLVANIA PRAECIPE TO DISCONTINUE ATTACHMENT TO THE PROTHONOTARY: Please discontinue the Writ of Execution filed against Garnishee CITIZENS BANK in the referenced matter without prejudice. Respectfully Sub By: 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: MICHAEL J. PYKOSH 2132 MARKET ST CAMP HILL PA 17011 CITIZENS BANK 2 Main St. Mechanicsburg PA 17055 FFG file #: 377929 PA/PA_PRAEDISATT Michael B. Volk, Esq. Attorney ID #885530 1111111111111111111111111111111111111IIII1111111IIII1111111111111 gb(43Uco Ronny R Anderson Sheriff Jody S Smith Chief Depu Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r/^` -Q��/rL � [�' 7��-�~ "' //u „Lvov ~ '��PRO /NRNOT�D� ,'^ . HI&OCT —3 , pi ill '~,^,o ' `-'-- _ -'' � COUNTY PENNSYLVANIA Cavalry SPV, I, LLC Assignee of GE Retail Bank/Lowe's Customer vs. Peter Jensen Case Number 2014-239 SHERIFF'S RETURN OF SERVICE 03/05/2014 01:31 PM - Shawn Gutshall, 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, Citizen's Bank, 665 North East Street, Carlisle Borough, Cadis|a, PA 17013, Cumberland County, by handing to Janine Sheaffer, Senior Personal Universal Banker, 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 Peter Jensen at 808 Genevieve Drive, Mechanicsburg, PA 17055-9545. 1008/2014 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: $88J6 SO ANSWERS, October 08, 2014 RONNYRANDERSON, SHERIFF 2. rS`^�] _ ' ^�_� ^�t� ��l^�� / (c) CountySuite Sheriff, Teleosoft,