The URL can be used to link to this page

Home My WebLink About14-0701 hr � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ' Cavalry SPV I, LLC Plaintiff NO. -� � � ctut V. CIVIL ACTION - LAW , �.a MANDY D RINEER k Defendant(s) �� . G 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 $ 1512.12 , which consists of $ 1423.12 as principal, $0.00 as interest and $ 89.00 as costs less payments of $ 0.00 , plus interest thereon from the date of that judgment, as provided by law. Respectfully Sub itt ; 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 le in the Court of Common Pleas of CUMBERLAND County. Michael B. Volk, Esq. #885530 FIFGI file #: 382906 I i IIIIII VIII VIII VIII VIII I'll) VIII IIIIIII II IIIIIII VIII III IIII au k C(C4 Doxoc')g ) R #:d -W , V � P' PA/PA_TRANSJ " A&Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff NO. V. CIVIL ACTION - LAW MANDY D RINEER 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 $ 1512.12, which consists of $ 1423.12 as principal, $0.00 as interest and $ 89.00 as costs less payments of $ 0.00 , plus interest thereon from the date of that judgment, as provided by law. NOW, �� (P , 20 �� , JUDGMENT ENT D ABOVE Protho fry /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: MANDY D RINEER 12S 2ND ST WORMLEYSBURG PA 17043 -1310 Defendants) Michael B. Volk, Esq. #885530 FFG file #: 382906 1 11111111111 IIIII IIIII IIIII IIIII 111111111111 II 111111111111 III illl PA/PA_TRANSJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff NO. V. CIVIL ACTION - LAW MANDY D RINEER Defendant(s) CERTIFICATE OF LAST KNOWN ADDRESS I hereby certify that the last known address of Defendant and the Plaintiff are as follows: MANDY D RINEER Cavalry SPV I, L 12 S 2ND ST 500 SUMMITkAM DRIVE WORMLEYSBURG PA 17043 -1310 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: MANDY D RINEER 12S 2ND ST WORMLEYSBURG PA 17043 -1310 Defendant(s) ��^^ Date: � -C.1D '�> , 2014 Michael B. Volk, Esq. #885530 IFFGI file # : 382906 I I I Illlli I�III II�I� VIII I'III VIII III�I IIII�II II I�IIIII IIIII'll Illl PA/PA_TRANSJ a GOMM6NWEALTH OF PENNSYLVANIA Notice of Jud men Transcript Civil COUNTY OF CUMBERLAND 9 P Case Mag. Dist. No: MDJ- 09 -1 -02 Cavalry SPV I, LLC MDJ Name: Honorable Elizabeth S. Beckley V. Address: 1901 State Street Mandy Rineer Camp Hill, PA 17011 Telephone: 717- 761 -0583 Michael B. Volk, Esq. Docket No: MJ- 09102- CRLOOW248 -'2613 Fulton Friedman & Gullace Llp Case Filed: 1116/2013v - 6 Kacey Ct Ste 203 Er Mechanicsburg, PA 17055 C .. L .+ r Disposition Summary (cc- Cross Complaint) ' Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09102 -CV- 0000248 -2013 Cavalry SPV I, LLC Mandy Rineer Default Judgment for Plaintiff 12117/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Cavalry SPV I, LLC $0.00 $0.00 $0.00 Mandy Rineer $0.00 $1,512.12 $1,512.12 Judgment Finding ('Post Judgment) In the matter of Cavalry SPV I, LLC vs. Mandy Rineer on MJ- 09102 -CV- 0000248 -2013, on 12/17/2013 the judgment was awarded as follows: Judament Component JoinVSeveral Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $1,423.12 $1,423.12 Filing Fees $0.00 $89.00 $89.00, Grand Total: $1,512.12 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, OR OTHERWISE COMPLIES WITH THE JUDGMENT. c,cf f 6e D 1 7 2013 , ,� Date Elizabeth S. Beckley <' certify that this is a true and correct copy of the record o t e procee ings cont e g ent. Date CMagister` eff District Judge MDJS 315 Page 1 of 2 Printed: 12/18/2013 1:59:11 PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC v MANDY D RINEER 12 S 2ND ST WORMLEYSBURG PA 17043-1310 : ❑ Confessed Judgment : ❑x Other : Docket No. 14-701 : Judgment Amount $1423.12 : Less Payments $(0.00) : Interest: $57.17 : Total: $1480.29: Comm: $ : Costs: $ aceetilkal (1)41 44**6 PRAECIPE FOR' TO THE PROTHONOTARY: 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. Issue writ of attachment in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, directing attachment against MERCHANTS AND TRUST BANK , Garnishee, for the following property of the defendant(s): All accounts, including but not limited to, all savings, ch deposit, notes receivables, collateral, pledges, documents of title, the defendant(s) in the possession, custody or control of Garnishe Date FFG File # 382906 Signature: Print name: Address: Attorney for: Telephone: Supreme Court 1111111 MIMI 11111 1111111111 111111111 IMO 11131111 c?) ak! LA u1/4 &0/ 1)cl ai29 PA_BANKPWRITC other accounts, certificates of coupons and all other property of Michael B. Volk, Esq. 6 Kacey Court, Suite 203 Mechanicsburg, PA 17055 Cavalry SPV I, LLC (866) 563-0809 ID No:#88553 61 a( Tssve 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 Vs. NO 14-701 Civil Term CIVIL ACTION — LAW MANDY D. RINEER WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against MANDY D. RINEER, 12 S. 2ND STREET, WORMLEYSBURG, PA_ 17043-1310 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 MERCHANTS AND TRUST BANKGARNISHEE(S), as garnishee, 1200 MARKET STREET, LEMOYNE, PA 17043 (Specifically describe property) and to notify the garnishee that 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 (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 $1,423.12 Interest $57.17 Attorney's Comm. % Attorney Paid $60.25 Date: 09/30/14 (Seal) Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY LE -OF ICE OF THE PROTHONOTARY 2 I4 OCT »* PM : 51 CUMBERLAND COUNTY PENNSYLVANIA OF w QF Tkri* SRii Cavalry SPV I, LLC vs. Mandy D Rineer Case Number 2014-701 SHERIFF'S RETURN OF SERVICE 10/07/2014 12:39 PM - Jamie DiMartile, 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, M & AT Bank, 1 West High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Jane Farner, Teller, 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 October 9, 2014 to Mandy d. Rineer at 12 S 2nd Street, Wormleysburg, PA 17043-1310. IE DIMARTILE, DEPUTY SO ANSWERS, October 08, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sherri, Teleosefi, inc IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff vs. MANDY D RI -NEER Defendant(s) CIVIL ACTION - LAW No.14-701 INTERROGATORIES TO GARNISIIEE To: MERCHANTS AND TRUST BANK 1200 MARKET STREET LEMOYNE PA 17043 --) C3 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 INTERROGATORIES TO ASSIST THE CREDITOR'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 after service 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 #: 382906 1111111111111111111111111111111111111110 111111 1111111 1111 111 1111 PA/PA_BANKINTERROGSC INTERROGATORIES TO GARNISHEE DEFENDANT(S) - MANDY D RINSER SS# - ***-**-6831 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). claim that you owed the defendant(s) any money or were liable to the defendant(s) for any reason? t 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)? 60 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? {\0 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? 5. At any time 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 therefore? n` 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? A14- 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 n amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. IIto PA/PA_BANKINTERROGSC DEFENDANT(S) - MANDY D RINEER SS# - ***-**-6831 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. no 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. n;{, 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. 11 . Please provide the name, business address and business telephone of the person answering these interrogatories. 12. Please provide the address and telephone number where future court documents pertaining to this case can be served on Garnishee. tORRJE MASKA NAT BANK OCT 16 2014 flo Fulton, Friedman & Gullace, LLP Michael B. Volk, Esq. #88553 (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 #: 382906 PA/PA_BANKINTERROGSC • Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 2 a m p rn Gka+ of Lufpirr, OFFCE OF ME, £KERIFF c, r _.f Cavalry SPV I, LLC vs. Mandy D Rineer Case Number 2014-701 SHERIFF'S RETURN OF SERVICE 10/07/2014 12:39 PM - Jamie DiMartile, 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, M & AT Bank, 1 West High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Jane Farner, Teller, 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 October 9, 2014 to Mandy d. Rineer at 12 S 2nd Street, Wormleysburg, PA 17043-1310. 10/29/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Defendant filed for bankruptcy on 10-21-14; Case No.: 1:14-bk-04868. SHERIFF COST: $88.76 SO ANSWERS, October 29, 2014 (0 CountvSulte Sheriff, Tel=_osoff, inc. RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff NO. 14-701 v. MANDY D RINEER CIVIL ACTION - LAW Defendant(s) PRAECIPE TO DISCONTINUE ATTACHMENT TO THE PROTHONOTARY: Please discontinue the Writ of Execution filed against Garnishee MERCHANTS AND TRUST BANK in the referenced matter without prejudice. Respectfully Sub By: Michael B. Volk, Esq. #88553 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: MANDY D RINEER 12 S 2ND ST WORMLEYSBURG PA 17043-1310 MERCHANTS AND TRUST BANK 1200 MARKET STREET LEMOYNE PA 17043 FFG file #: 382906 '► PAPA PRAEDISATT Michael B. Volk, Esq. Attorney ID #88553 1111111111111111111111111111111111111111111111111IIII IIII IIII IIII 6-n^/ 49S6415 Ck-r� 2897/f �2 � 3/W'3 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MANDY D. RINEER CHAPTER 7 Debtor. v CASE NO.: 1:14-bk-04868-RNO CAVALRY SPV I, LLC Respondent MOTION TO AVOID JUDICIAL LIEN ORDER AVOIDING JUDICIAL LIEN UPON CONSIDERATION OF the Debtors' Motion to avoid, cancel, and release a Judicial Lien, it is hereby ordered and directed as follows: 1. The Judicial Lien held by Cavalry SPV I, LLC and entered of record in the County of Cumberland, Pennsylvania, Case No. 14-701 is hereby avoided, cancelled, and released. 2. The Prothonotary of Cumberland County shall avoid, cancel, and release of record said lien. 3. Further, the Recorder of Deeds in and for the County of Cumberland is directed forthwith to take whatever- steps are necessary and appropriate to release, cancel and avoid the within,referenced Judicial Lien and remove same from the local judgment index. 4. Cavalry SPV I, LLC shall cancel and avoid the judgment entered of record in Cumberland County against the Debtor. By the Court, (5e-b.st U.Ctiandp ir Dated: December 9, 2014 Robert N.Opel, II, Bankruptcy Judge (Dc.) 9. so pd def./ eaSti A*3/Ms- Case 1:14-bk-04868-RNO Doc 11 Filed 12/09/14 Entered 12/10/14 07:17:13 Desc Main Document Page 1 of 1