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HomeMy WebLinkAbout14-0702 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV 1, LLC Plaintiff NO. V. CIVIL ACTION - LAVr `pry# KELLEY O DILL 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 $ 1186.54 , which consists of $ 1058.56 as principal, $0.00 as interest and $ 127.98 as costs less payments of $ 0.00 , plus interest thereon from the date of that judgment, as provided by law. Respectfully S m' ed, 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 FIIFG file #: 379151( tt tt + + PA/PA_TRANSJ w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV 1, LLC Plaintiff NO. V. CIVIL ACTION - LAW KELLEY O DILL 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 $ 1186.54 , which consists of $ 1058.56 as principal, $0.00 as interest and $ 127.98 as costs less payments of $ 0.00 , plus interest thereon from the date of that judgment, as provided by law. NOW, (�� . 20 l 7 , JUDGMENT IS ENTERED AS ABOVE., Prothonot erk, Ir a 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: KELLEY O DILL 343 N COLLEGE ST CARLISLE PA 17013 Defendant(s) w Michael B. Volk, Esq. #885530 I FFG file #: 3791151 I I I I I I I��III I�II� IIII' II III VIII �I I I I IIIII�I IIII IIII I��I PA/PA_TRANSJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff NO. V. CIVIL ACTION - LAW KELLEY O DILL � Defendant(s) CERTIFICATE OF LAST KNOWN ADDRESS I hereby certify that the last known address of Defendant and the Plaintiff are as follows: KELLEY O DILL Cavalry SPV I, L 343 N COLLEGE ST 500 SUMMIT DRIVE CARLISLE PA 17013 VALHALLA 10595 -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: KELLEY O DILL 343 N COLLEGE ST CARLISLE PA 17013 Defendant(s) Dater �� , 2014 Michael B. Volk, Esq. 4885530 FFG file # 379151 I t I IIIIII VIII VIII VIII VIII VIII VIII IIIIIII II IIIIIII IIII IIII Ilil PA/PA_TRANSJ COMMONWEALTH F o PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case i Mag. Dist. No: MDJ- 09 -2 -02 Calvary SPV 1 LLC MDJ Name: Honorable Jessica Brewbaker V Address: 18 North Hanover Street, Suite 106 Kelley O. Dill Business Central Building Carlisle, PA 17013 Telephone: 717-240-6564 Michael B. Volk, Esq. Docket No: MJ- 092020017G1g07 -2013 c/o FULTON, FRIEDMAN & GULLACE, LLP Case Filed: 9/13/20111n 'Ts `-'' 6 Kacey Court, Suite 203 Z : Mechanicsburg, PA 17055r -r� C7 C = -D s ; C) �..- Disposition Summary (c - cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09202 -CV- 0000107 -2013 Calvary SPV 1, LLC Kelley O. Dill Default Judgment for Plaintiff 12/16/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Calvary SPV 1, LLC $0.00 $0.00 $0.00 Kelley O. Dill $0.00 $1,186.54 $1,186.54 - w _ . Judgment Finding ( *PostJudgment) In the matter of Calvary SPV 1, LLC vs. Kelley O. Dill on MJ- 09202 -CV- 0000107 -2013, on 12/16/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $1,058.56 $1,058.56 Costs $0.00 $127.98 $127.98 Grand Total: $1,186.54 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. 4*A "C Date Ma isterial District Judge Jessica Brewbaker certify that this is a true and correct copy of the ecor o t e procee ings c ntain g the judgment. Date Magi Aerial Pistrict Judge MDJS 315 Page 1 of 2 Printed: 12/16/2013 9:55:57AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC v KELLEY 0 DILL 343 N COLLEGE ST CARLISLE PA 17013 TO THE PROTHONOTARY: : ❑ Confessed Judgment : ❑D Other : Docket No. 14-702 : Judgment Amount $1186.54 : Less Payments $(0.00) : Interest: $60.27 : Total: $1246.81: Atty's Comm: $ : Costs: $ PRAECIPE FOR WRIT OF EXECUTION 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 SOVEREIGN BANK , as Garnishee, for the following property of the defendant(s): 9a1 C1 Warn , Ca-Its(p, pm 11013 All accounts, including but not limited to, all savings, checking an•...th'. accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securiti= . , oup•ns and all other property of the defendant(s) in the possession, custody or control of Garnishee. Date FFG File # 379151 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:488553 11111111111111111111111111111111111111111111111111111111111111111 emAlt39,°°-ed 3). as GY toot ct+h3- PA_BANKPWRITC S9,0-II/Le CAA (D 2�3wgoat.)- 6( TS51;g6I THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ecpa.net CAVALRY SPV I, LLC Vs. KELLEY 0 DILL WRIT OF EXECUTION (Pa R.C.P. 3252) NO 14-702 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against KELLEY 0 DILL, 343 N. COLLEGE STREET, CARLISLE, PA 17013 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 SOVEREIGN BANK, 921 CALVARY ROAD, CARLISLE, PA 17013GARNISHEE(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(S) 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. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If 1 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 $1,186.54 Interest $60.27 Attorney's Comm. % Attorney Paid $60.25 Date: 12/23/2014 (Seal) REQUESTING PARTY: Name : MICHAEL B. VOLK, ESQUIRE Address: 6 KACEY COURT, SUITE 203 MECHANICSBURG, PA 17055 Attorney for: PLAINTIFF Telephone: 866-563-0809 Supreme Court ID No. 88553 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary 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 F:f E TV. F RI c iTi5JM; -2 El 3: ric t 1p� �I A]�i:J C( " -e,: '.�i�df IU�i�4� i Z.',jJ d PENNSYLVANIA Cavalry SPV I, LLC vs. Case Number Kelley 0 Dill 2014-702 SHERIFF'S RETURN OF SERVICE 12/29/2014 09:10 AM - 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, Santander Bank (formerly Sovereign Bank), 17 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Julie Myers, 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 December 30, 2014 to Kelley 0 Dill at 343 N College Street, Carlisle, PA 17013. E DIMARTILE, DEPUTY SO ANSWERS, December 30, 2014 RONNY R ANDERSON, SHERIFF (c) CourtySuite Sheriff, Teleosoff. ;nc.