HomeMy WebLinkAbout14-0856 'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Cavalry SPV I, LLC
Plaintiff NO. I q,
V. CIVIL ACTION - LAW "s
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CHRISTINE A HEDRICK
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 $ 1757.40 , which consists of
$ 1653.40 as principal, $0.00 as interest and $ 104.00 as costs less payments of $ 0.00 , plus interest
thereon from the date of that judgment, as provided by law.
Respectfully Su mi ed,
By: 1 .
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 A PPE L
As of the date of this filing a District Justice appeal has not been ed ' e Court of Common Pleas
of CUMBERLAND County.
Michael B. Volk, Esq. #885530
FFG file #: 380783
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PA/PA_TRANSJ '\
'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Cavalry SPV I, LLC C
Plaintiff NO. L /
V. CIVIL ACTION - LAW
CHRISTINE A HEDRICK
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 $ 1757.40, which consists of
$ 1653.40 as principal, $0.00 as interest and $ 104.00 as costs less payments of $ 0.00 , plus interest
thereon from the date of that judgment, as provided by law.
NOW, t`-'C, V) . ( , 20_) �, JUDGME IS E A
Prot onotary /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:
CHRISTINE A HEDRICK
3 FORGE RD
BOILING SPRINGS PA 17007 -9746
Defendants)
Michael B. Volk, Esq. #885530
FFG file #: 380783
I VIII) VIII VIII VIII I'I'I VIII VIII IIIIIII III IIIIII IIIIII II IIII
PA/PA_TRANSJ
'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Cavalry SPV I, LLC
Plaintiff NO.
V. CIVIL ACTION - LAW
CHRISTINE A HEDRICK
Defendant(s)
CERTIFICATE OF LAST KNOWN ADDRESS
I hereby certify that the last known address of Defendant and the Plaintiff are as follows:
CHRISTINE A HEDRICK Cavalry SPV I, LLC
3 FORGE RD 500 SUMMIT A RIVE
BOILING SPRINGS PA 17007 -9746 VALHALLA 1595 -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:
CHRISTINE A HEDRICK
3 FORGE RD
BOILING SPRINGS PA 17007 -9746
Defendant(s)
Date: C ) 2. , 2014
Michael B. Volk, Esq. 4885530
FFG file #: 380783
IIIIII ��III IIII' VIII IIII IIII (IIIIII'lll� II' II�III IIIIII II I�')
PAPA TRANSJ
'COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript Civil
COLI.NTY CUMBERLAND Case
Mag. Dist. No: MDJ- 09 -3 -03 Calvary SPV I LLC
MDJ Name: Honorable Susan K. Day V.
Address: 229 Mill Street Christine Ann Hedrick
P.O. Box 167
Mount Holly Springs, PA 17065
Telephone: 717- 486 -7672
Calvary SPV I, LLC Docket No: MJ- 09303 -CV- 0000220 2013
c/o Fulton Friedman & Gullace, LLP Case Filed: 10/29/2013c �}
6 Kacey Court, Suite 203 -y
Mechanicsburg, PA 17055 M M
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Disposition Summary (cc - Cross Complaint) Z: >
Docket No Plaintiff Defendant Disposition Diiposi Date
MJ- 09303 -CV- 0000220.2013 Calvary SPV I, LLC Christine Ann Hedrick Default Judgment for Plaintiff 12/09/2013
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Calvary SPV I, LLC $0.00 $0.00 $0.00
Christine Ann Hedrick $0.00 $1,757.40 $1,757.40
Judgment Finding ( 'Post Judgment)
In the matter of Calvary SPV I, LLC vs. Christine Ann Hedrick on MJ- 09303 -CV- 0000220 -2013, on 12/09/2013 the judgment was
awarded as follows:
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $1,653.40 $1,653.40
Filing Fees $0.00 $104.00 $104.00
Grand Total: $1,757.40
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION.. YOU MUST INCLUDE A COPY OF THIS.NOTICE OF
JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
CO COM.MON`PLEAS'.AND'rIC FURTHER' PROCESS M?AY'$E tSSUEf) 3Y TH- -'R",AGISTERUAL 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.
Date" Ma sterial 'strict Judge Susan K. Day -
certify that this is a true and correct copy of the record of the procee ings ntainmg t lu gment.
1
Date VMa Judge
MDJS 315 Page 1 of 2 Printed: 12/13/2013 8:17:51 AM
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Cavalry SPV I, LLC
assignee of HSBC Bank Nevada, N.A.
v
CHRISTINE A HEDRICK
3 FORGE RD
BOILING SPRINGS PA 17007-9746
: ❑
:
: Docket No.
: Judgment Amount
: Less Payments
: Interest:
: Total:
Comm:
: Costs:
Confessed Judgment
Other
14-856
$1757.40
$(0.00)
$36.40
$1793.80:
PRAECIPE FOR ATTACHMEN i LAVA, U 1 it'll
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.
/ mal York:Rc , Carlisle PR 1/015
Issue writ of attachment in the above matter to the Shepiff 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 and ter cc . unts, certificates of
deposit, notes receivables, collateral, pledges, documents of title, securities, coupo sand all other property of
the defendant(s) in the possession, custody or control of Garnishee.
Date
FFG File # 380783
Signature:
Print name:
Address:
Attorney for:
Telephone:
Supreme Court
11111111111111111111111111111111111111111111111111111111111111111
PA_BANKPWRITC
Michael B. Volk, Esq.
6 Kacey Court, Suite 203
Mechanicsburg, PA 17055
Cavalry SPV I, LLC
(866) 563-0809
ID No:#88553
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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
CHRISTINE A. HEDRICK
WRIT OF EXECUTION
(Pa R.C.P. 3252)
NO 2014-856 Civil
CIVIL ACTION — LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs against CHRISTIINE A. HEDRICK, 3 Forge Rd, Boiling
Springs, PA 17007-9746, 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
MEMBERS 1sT FCU, 321 York Rd, Carlisle, PA 17013, 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 $1,757.40 Plaintiff Paid
Interest -- $36.40 Law Library $.50
Attorney's Comm. % Due Prothonotary $2.25
Other Costs
Attorney Paid $60.25
Date: 7/2/14
(S'sa[) ..
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
THE F O 3 HOZ lt.:s
2LJUL 1 Ati IT 25
CUMBERLAND COUNTY
PENNSYLVANIA
Cavalry SPV I, LLC, Assignee of HSBC Bank Nevada N.A. Case Number
vs.
Christine A Hedrick 2014-856
SHERIFF'S RETURN OF SERVICE
07/09/2014 10:39 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, Members 1st Federal Credit Union, 1711 Spring Road, North Middleton
Township, Carlisle, PA 17015, Cumberland County, by handing to Jan Finkle, Member Service Rep.,
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.
July 11, 2014
The writ of execution and notice to defendant was mailed on July 11, 2014 to Chris A. Hedrick, 3 Forge
Road, Boiling Springs, PA 17007-9746.
(c) CountySuite Sherif(, Te!eosoft. Inc.
LLIAM CLINE, DEPUTY
SO ANSWERS,
RONNY R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
Cavalry SPV I, LLC
assignee of HSBC Bank Nevada, N.A.
Plaintiff CIVIL ACTION - LAW
vs.
CHRISTINE A HEDRICK
Defendant(s)
No.14-856
‘c\S toto
INTERROGATORIES TO GARNISHEE
To: Members First Federal Credit Union
321 York Road
Carlisle PA 17013
RECEivED
L
(II -57
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 infoiiiiation 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 #: 380783
1111111 11111 11111 11111 1111111111 111111111 1111111111 111111 11111111
PA/PA BANKINTERROGS
INTERROGATORIES TO GARNISHEE
DEFENDANT(S) - CHRISTINE A HEDRICK
SS# - ***-**-2242
1. At the time you were served or at any subsequent time did you owe the defendant(s) any `fi
mune' .� 20/4
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)?
(lo
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? no
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?
no
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
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? no
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.
no
PA/PA_BANKINTERROGS
DEFENDANT(S) - CHRISTINE A HEDRICK
SS# - ***-**-2242
8. If you are a bank or other financial institution, at the time you were served or at any subseq
time did the defendant have funds on deposit in an account in which the funds on deposit, not incluEIVEo
any otherwise exempt funds, did not exceed the amount of the general monetary exemption unclfek42,0
Pa.C.S. § 8123? If so, identify each account. .1 21114
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. fridu x c7 X (- SCO- a8 3 - a3a8, et t�aa
5003 LCL,
, 1-7055
12. Please provide the address and telephone number where future court documents pertaining to this
case can be served on Garnishee.
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Fulton, Frieda a n; : ` Gullace, LLP
(lam c� %C2
1_ _a33-a3a , x(oOaa
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 #: 380783
PA/PA_BANKINTERROGS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Cavalry SPV I, LLC
assignee of HSBC Bank Nevada, N.A.
Plaintiff NO. 14-856
v.
CHRISTINE A HEDRICK
Defendant(s)
TO THE PROTHONOTARY:
CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE ATTACHMENT
4 --
ca
CD
-i7
CD
jai
Please discontinue the Writ of Execution filed against Garnishee Members First Federal Credit Union 5fhe re sten0
matter without prejudice. ,', Cn
Respectfully S
By:
Michael B. Volk, #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:
CHRISTINE A HEDRICK
3 FORGE RD
BOILING SPRINGS PA 17007-9746
Members First Federal Credit Union
321 York Road
Carlisle PA 17013
FFG file #: 380783
PAPA PRAEDISATT
Michael B. Volk, Esq.
Attorney ID #88553
11111111111 11111 11111 11111 11111 11111 IIII 11111 111111 IIII 11111 IIII
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