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HomeMy WebLinkAbout14-0700 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff NO. V. CIVIL ACTION -LAW b= rn r MARY HARVEY Defendant(s) CD CD { 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 $ 2655.02 , which consists of $ 2538.66 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 bylaw. Respectfully S m' d, By: Michael B. Volk, Esq. #885530 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 1- the Court of Common Pleas of CUMBERLAND County. Michael B. Volk, Esq. #885530 FFG file #: 380795 I IIIIII VIII II III VIII VIII VIII VIII IIIIIII II IIIIIII VIII III IIII w� -tz a . Sot 3 a�a PA/PA_TRANSJ �� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC 111 Plaintiff NO. )q- V. CIVIL ACTION - LAW i MARY HARVEY 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 $ 2655.02 , which consists of $ 2538.66 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—ffl JUDGMENT I NTEh - D7 BOVE. Protho Clerk, Civil Division 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: MARY HARVEY 115 W MAIN ST CAMP HILL PA 17011 -6329 Defendant(s) Michael B. Volk, Esq. #885530 FFG file #: 380795 IIIIIIIVIIIIIIIIIIIIIIIIIIVIIIVIIIIIIIIIIIIIIIIIIIVIIIIII IIII PAPA TRANSJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV 1, LLC Plaintiff NO. J - lob CC V. CIVIL ACTION - LAW MARY HARVEY Defendants) CERTIFICATE OF LAST KNOWN ADDRESS I hereby certify that the last known address of Defendant and the Plaintiff are as follows: MARY HARVEY Cavalry SPV 1, 115 W MAIN ST 500 SUMMIT DRIVE CAMP HILL PA 17011 -6329 VALHALL 0595 -1340 Michael B. Volk, Esq. #885530 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: MARY HARVEY 115 W MAIN ST CAMP HILL PA 17011 -6329 1 Defendant(s) Date: 2014 l Michael B. Volk, Esq. 4885530 FF file#: 380795 ` l IIIIIi I'll) (IIII Illil Illii IIII) VIII IIIIIII II IIIIIII VIII III IIII PA1PA_TRANS3 1� C �l COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case r Mag. Dist. No: MDJ- 09 -1 -01 Cavalry, SPV I, LLC C/o Fulton Friedman & MDJ Name: Honorable Charles A. Clement Jr. Gullace, LLP Address: 920 Linda Lane V. Camp Hill, PA 17011 Mary Harvey l'e l e p h o n e: 717- 737 -3434 Michael B. Volk, Esq. Docket No: MJ- 09101 -CV- 0000423 -2013 Fulton Friedman & Gullace, LLP Case Filed: 10/28/2013 6 Kacey Court, Suite 203 c. = Mechanicsburg, PA 17055 �I �► rn r ► CD , Disposition Summary (cc - Cross complaint) Docket No Plaintiff Defendant Disposition p = Disc sitiofi Date MJ-091 01 -CV-0000423-2013 Cavalry, SPV I, LLC c/o Fulton Mary Harvey Default Judgment for Plaintiff< 12120/2013 Friedman & Gullace, LLP Judgment Summary Participant Joint/Several Liability Individual Liability Amount Cavalry, SPV I, LLC c/o Fulton Friedman & $0.00 $0.00 $0.00 Gullace, LLP Mary Harvey $0.00 $2,655.02 $2,655.02 Judgment Finding ('Post Judgment) In the matter of Cavalry, SPV I, LLC c/o Fulton Friedman & Gullace, LLP vs. Mary Harvey on MJ- 09101 -CV- 0000423 -2013, on 12/20/2013 the judgment was awarded as follows: Judgment Component JoinVSeveral Liability Individual Liability Deposit Applied Amount 'i Civil Judgment $0.00 $2,538.66 $2,538.66 q Interest $0.00 $105.50 $105.50 " Costs $0.00 $10.86 $10.86 Grand Total: $2,655.02 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF C';VIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDG ". ENT. 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, OR OTHERWISE COMPLIES WITH THE JUDGMENT. (� DEC 2 0 2013 ` Date Magisterial District Judge I certify that this is a true and correct copy of the record // o the proceedings containin t e Iu gment. !� T / "C Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 12/20/2013 11:11:55AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC assignee of HSBC Bank Nevada, N.A. v MARY HARVEY 115 W MAIN ST CAMP HILL PA 17011-6329 : ❑ :g : Docket No. : Judgment Amount : Less Payments : Interest: : Total: Comm: : Costs: Confessed Judgment Other 14-700 PRAECIPE FOR ATTACHMEN i LAVA, u TO THE PROTHONOTARY: $2655.02 $(0.00) $58.48 $2713.50: Atty's 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. Wa0.0mp L-Fi II °Sheppi nq cn'et , awnp H -i !I , PA 170 tl Issue writ of attachment in the above/latter to the Sheriff of -Cumberland County, for debt, interest and costs, directing attachment against PNC BANK , as Garnishee, for the following prope the defendant(s): All accounts, including but not limited to, all savings, checking . , d r e . ecounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securities, �supo s and all other property of the defendant(s) in the possession, custody or control of Garnishee. Date FFG File # 380795 Signature: Print name: Address: Attorney for: Michael B. Volk, Esq. 6 Kacey Court, Suite 203 Mechanicsburg, PA 17055 Cavalry SPV I, LLC Telephone: (866) 563-0809 Supreme Court ID No:#88553 111111111111111111111111111111111111111111111111 I II 1111111111 l i i i 0 '7 : i d Z- TIP fl, CZ DHOHICw 3H -. • PA_BANKPWRITC $2q. CO PO SI, a5 CBF (00ya5 Pp 4 a.o5 0th 50 Ll lgaaLl 933 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 assignee of HSBC BANK NEVADA, N.A. Vs. Term MARY HARVEY WRIT OF EXECUTION (Pa R.C.P. 3252) NO 2014-700 Civil CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against MARY HARVEY, 115 W Main St, Camp Hill, PA 17011-6329, 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 PNC BANK, 140 Camp Hill Shopping Center, Camp Hill, PA 17011, GARNISHEE(S), as garnishee, 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 in the possession, custody or control of Garnishee. (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. 1 (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 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 $2,655.02 Interest -- $58.48 Attorney's Comm. % Attorney Paid $60.25 Date:'/2/3 4 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary may: 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. 88553 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 THE PROTON() Y, Jody S Smith Chief Deputy Richard W Stewart Solicitor it OEC FTKE C Eh'IFF 2C1iiJUL 11F Ail !0.2 CUMBERLAND COUNT PENNSYLVANIA Cavalry SPV I, LLC, Assignee of HSBC Bank Nevada N.A. vs. Mary Harvey Case Number 2014-700 SHERIFF'S RETURN OF SERVICE 07/09/2014 10:00 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, 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 July 11, 2014 to Mary Harvey at 115 W Main Street, Camp Hill, PA 17011-6329. July 11, 2014 fcf CountySu!to Sheriff, Teleasoft, Inc. SO ANSWERS, RONN R 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. 14-700 v. CIVIL ACTION - LAW MARY HARVEY Defendant(s) PRAECIPE TO DISCONTINUE ATTACHMENT TO THE PROTHONOTARY: Please discontinue the Writ of Execution filed against Garnishee PNC BANK in the referenced matter without prejudice. Respectfully Submitted By: Michael B. Volk, Esq. #::553 Fulton, Friedman & Gullace, LLP Counsel for Plaintiff 6 Kacey Court, Suite 203 Mechanicsburg, PA 17055 (866)563-0809 CERTIFICATE OF SERVICE _4. 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: MARY HARVEY 115 W MAIN ST CAMP HILL PA 17011-6329 PNC BANK 140 CAMP HILL SHOPPING MALL CAMP HILL PA 17011 FFG file #: 380795 PA/PA_PRAEDISATT Michael B. Volk, Esq. Attorney ID #88553 11111111111111111111111111111111111111111111111111111111111111111 CAA ,)1a9