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HomeMy WebLinkAbout14-0242 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV 1, LLC Plaintiff NO. V. CIVIL ACTION - LAW V -ice" LISA L KONEVITCH 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 $ 3215.98 , which consists of $ 2833.80 as principal, $240.82 as interest and $ 141.36 as costs less payments of $ 0.00 , plus interest thereon from the date of that judgment, as provided by law. Respectfully Su i ed( 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 e in•the Court of Common Pleas of CUMBERLAND County. / Michael B. Volk #88553 FFG file #: 379371 1111111111111111 III 11111 HE OVS . a� a 9 8 PAPA TRANSJ COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND - Case r Mag. Dist. No: MDJ- 09 -1 -01 Cavalry SPV I LLC MDJ Name: Honorable Charles A. Clement Jr. v, r Address: 920 Linda Lane LISA L Konevitch, Camp Hill, PA 17011 Telephone: 717- 737 -3434 Cavalry SPV I, LLC Docket No: MJ- 09101 -e 10003 27-A c/o Fulton Friedman & Gullace, LLP Case Filed: 8/26/2013 r "C" 6 Kacey Court, Suite 203 y� ' Mechanicsburg, PA 17055 v' - C ) Disposition Summary (cc cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-091 01 -CV-0000327-2013 Cavalry SPV I, LLC Lisa L Konevitch Default Judgment for Plaintiff 11/15/2013 Judgment Summary Participant JoinVSeveral Liability Individual Liability Amount Cavalry SPV I, LLC $0.00 $0.00 $0.00 Lisa L Konevitch $0.00 $3,215.98 $3,215.98 Judgment Finding ("Post Judgment) V In the matter of Cavalry SPV I, LLC vs. Lisa L Konevitch on MJ-091 01 -CV-0000327-2013, on 11/15/2013 the judgment was awarded as follows: Judgment Component JoinVSeveral Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,833.80 $2,833.80 Costs $0.00 $141.36 $141.36 Interest $0.00 $240.82 $240.82 Grand Total: $3,215.98 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, 1 OR OTHERWISE COMPLIES WITH THE JUDGMENT. 11/15/2013 Date Magisterial District Judge Charles A. Clement Jr. certify that this is a true and correct copy of the record of the proceedings containing the judgment. 13 Q'. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 11/19/2013 10:38:04AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff NO. V. CIVIL ACTION - LAW LISA L KONEVITCH Defendant(s) CERTIFICATE OF LAST KNOWN ADDRESS I hereby certify that the last known address of Defendant and the Plaintiff are as follows: LISA L KONEVITCH Cavalry SVAI0595-1340 C 323 8TH ST FL 2 500 SUME DRIVE NEW CUMBERLAND PA 17070 -1303 VALHAL 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: LISA L KONEVITCH 323 8TH ST FL 2 NEW CUMBERLAND PA 17070 -1303 Defendant(s) Date: , � IZ04 Michael B. Volk #88553 FFG file #: 379371 I IIIIII VIII VIII VIII VIII VIII VIII IIIIIII IIII VIII III VIII IIII PA/PA_TRANSJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff ' c;,,, t NO. l V. CIVIL ACTION - LAW LISA L KONEVITCH 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 $ 3215.98, which consists of $ 2833.80 as principal, $240.82 as interest and $ 141.36 as costs less payments of $ 0.00 , plus interest thereon from the date of that judgment, as provided by law. NOW ` , 20 JUDGMENT ENT D BOVE.�a A � F / T Prothoffo er iviTWivision 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: LISA L KONEVITCH 323 8TH ST FL 2 NEW CUMBERLAND PA 17070 -1303 Defendant(s) Michael B. Volk 488553 FFG file #: 379371 IIIIIII 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. : 0 Other : Docket No. 14-242 civil v : Judgment Amount $3215.98 : Less Payments $(0.00) LISA L KONEVITCH : Interest: $16.30 323 8TH ST FL 2 : Total: $3473.10: Atty's NEW CUMBERLAND PA 17070-1303 Comm: $ : Costs: $ PRAECIPE FOR ATTACHMENT' 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 MEMBERS FIRST FEDERAL CREDIT UNION , as Garnishee, for the following property of the defendant(s): All accounts, including but not limited to, all savings, checking d ,er accounts, certificates of deposit, notes receivables, collateral,pledges, documents of title, securit'~., • ions 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 # 379371 cji --n HMO 11111 11111 11111 1111111111 111111111111 1111 I111 1111111111111 ) avA & tY)1(.0b. a te ' t - Skds aLft_ sc.° a► On � PA go`) BANKPWRITC 1( V WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 14-242 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. Plaintiff(s) From LISA L. KONEVITCH,323 8TH ST.,FL 2,NEW CUMBERLAND,PA 17070-1303 (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: MEMBERS FIRST FEDERAL CREDIT UNION,5000 LOUISE DRIVE,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 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$3,215.98 Plaintiff Paid$ Interest$16.30 Attorney's Comm. % Law Library$.50 Attorney Paid$60.25 Due Prothonotary$2.25 Other Costs$ Date: 2/28/14 At 9 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV 1, LLC assignee of HSBC Bank Nevada, N.A. Plaintiff CIVIL ACTION - LAW vs. LISA L KONEVITCH Defendant(s) No.14-242 civil ans,..vs INTERROGATORIES TO GARNISHEE To: MEMBERS FIRST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG PA 17055 PURSUANT TO RULE 3253 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY 'REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY, PLEASE COMPLETE THE FOLLOWING,INTE.RROGATORMS TO ASSIST THE CRE.D1TOR'S .EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE A. You are required to file answers to the .following interrogatories within twenty (20) days afterservice upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ Execution was issued. C. "You" means the main office and all branch offices, representatives, employees and agents of your organization. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. FFG file #: 379371 1111111111111111111111111111111111111111111111111111111111111111 PA/PA BANKINTERROGS INTERROGATORIES TO GARNISHEE DEFENDANT(S) - LISA L KONEVITCH ° SS# - * * * - ** -7834 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 the defendant(s) on any negotiable or other written instrument, or did the defendant(s) claim that you owed the defendant(s) any money or were liable to the defendant(s) for any reason? • 2. At the time you were •served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant(s)? 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which the defendant(s) held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? `,Q 5. At anytime 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 if so what was the consideration therefor? • No 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? f� 0 . 7. 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 funds are deposited electronically on a recurring 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 number and state the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. PA/PA_BANKINTERROGS DEFENDANT(S) - LISA L KONEVITCH SS# - * * * - ** -7834 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant 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 monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 1141 0 9. Please identify all accounts not listed in your answer to Interrogatory No. 7, the amount of funds in each account, whether the funds are deposited electronically on a recurring basis and the entity electronically depositing those funds. If the defendant(s) maintains any of these accounts jointly with any other person, or persons, give their name, address and relationship to defendant. kl" ark, Svrsc•)''\ Pc/t} )< S • 10. Are there any attorney's fees or processing fees charged by you against the defendant(s) or account(s) of the defendant(s) for the completion of this answer? If yes, outline the exact amount of any fees due and owing to the garnishee or the attorney for the garnishee for the preparation of the Answer. 1. 00 , w i%, , 11 . Please provide the name, business address and business telephone of the person answering these interrogatories. ikAzce. ,itcelosk.t..i 44..a& .S i Sk- Fc J 5300 Q.cL4& (Slou ON" l0S-A 12. Please provide the address and telephone number where future court documents pertaining to this case can be served on Garnishee. fY .ia m her 1 "- Fed Spo cO r s -C..Df ppr1 s-j-- Fulton. Fried an _Y °.a ullace LLP Michael B. Volk, Esq. #885530 (866) 563-0809 Counsel for Plaintiff Attorneys in the Practice of Debt Collection Please return your Answer to Interrogatories to counsel for Plaintiff at: 28 E. Main Street, Suite 500 Rochester, New York 14614. FFG File #: 379371 PAPA BANK1NTERROGS SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smltht�t' 1 t Rtdrd�ar _ 1 `i Chief Deputy 3} ' , 2'314 M' 10 Richard W Stewart ;� Anil: n Solicitor ; .u = .. =3 UM ERLA D COUN i --,' PENNSYLVANIA Cavalry SPV I, LLC, Assignee of HSBC Bank Nevada N.A. vs. Case Number Lisa L Konevitch 2014-242 SHERIFF'S RETURN OF SERVICE 03/05/2014 03:07 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, Members 1st Federal Credit Union, 1711 Spring Road, North Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Denise Harman, Assistant Branch Manager, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 7, 2014 to Lisa L. Konevitch at 323 8th Street, Floor 2, New Cumberland, PA 17070-1303. AWN S� • ! U "-L, DEPUTY SO ANSWERS, March 07, 2014 RONR ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC assignee of HSBC Bank Nevada, N.A. Plaintiff NO. 14 -242 civil v. CIVIL ACTION - LAW LISA L KONEVITCH Defendant(s) PRAECIPE TO DISCONTINUE ATTACHMENT TO THE PROTHONOTARY: • Please discontinue the Writ of Execution filed against Garnishee MEMBERS FIRST FEDERAL CREDIT UNION in the referenced matter without prejudice. Respectfully S 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: LISA L KONEVITCH 323 8TH ST FL 2 NEW CUMBERLAND PA 17070 -1303 MEMBERS FIRST FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG PA 17055 FFG file #: 379371 PAIPA_PRAEDISATT Michael B. Volk, Esq. Attorney ID #885530 1111111111111111111111IIIII 1111111111111111111111III111111III IIII Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY orFICE. OF TME Cit<RIFF :LEO -OFFICE THE PRO THONO TAR ZOVIOCT Aff 16 CUMBERLAND COUNTY PENNS YLVANIA Cavalry SPV I, LLC, Assignee of HSBC Bank Nevada N.A. vs. Lisa L Konevitch Case Number 2014-242 SHERIFF'S RETURN OF SERVICE 03/05/2014 03:07 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, Members 1st Federal Credit Union, 1711 Spring Road, North Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Denise Harman, Assistant Branch Manager, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 7, 2014 to Lisa L. Konevitch at 323 8th Street, Floor 2, New Cumberland, PA 17070-1303. 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 RONNY R ANDERSON, SHERIFF _s -z) I 17efIr ek-0 9s3 3 420vo (c) CountySuite Sheriff, Teloeseft. inc.