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Home My WebLink About14-2211 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff ( � . 1 NO. I _tt V. CIVIL ACTION - LAW �,� '� •ter NATHAN A CLOUSER 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 $ 2000.00 , which consists of $ 2000.00 as principal, $0.00 as interest and $ 0.00 as costs less payments of $ 0.00 , plus interest thereon from the date of that judgment, as provided by law. Respectfully S 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 bee it d ' the Court of Common Pleas of CUMBERLAND County. Michael B. Volk, Esq. #885530 FFG file #: 377973 I IIIIII VIII VIII VIII VIII VIII VIII Illl iIIIIII III IIIIII I'll IIII eke- �.��43 -S � PA/PA_TRANSJ ti�� I �)q, c �a � c COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -1 -01 Cavalry SPV I LLC MDJ Name: Honorable Charles A. Clement Jr. v Address: 920 Linda Lane Nathan A Clouser Camp Hill, PA 17011 I Telephone: 717- 737 -3434 Cavalry SPV I, LLC Docket No: MJ- 09101 -C-V 00M419 - c/o Fulton Friedman & Gullace, LLP y" Case Filed: 10/25/20'1,3; -� TT 6 Kacey Court, Suite 203 G�) Mechanicsburg, PA 17055 d -.;o f' C:: Disposition Summary (cc- Cross complaint) -�- - - Docket No Plaintiff Defendant Disposition Disposition Date MJ-091 01 -CV-0000419-2013 Cavalry SPV I, LLC Nathan A Clouser Judgment for Plaintiff 02/18/2014 Judgment Summary - Participant Joint/Several Liability Individual Liability Amount Cavalry SPV I, LLC $0.00 $0.00 $0.00 Nathan A Clouser $0.00 $2,000.00 $2,000.00 Judgment Finding ( •PostJudgment) In the matter of Cavalry SPV I, LLC vs. Nathan A Clouser on MJ- 09101 -CV- 0000419 - 20'13, on 2/18/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,000.00 $2,000.00 Grand Total: $2,000.00 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. n •o� � d „•, f(L7 2/18/2014 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 3/24/2014 Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 02/19/2014 11:05:12AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff NO. 1 � V. CIVIL ACTION - LAW NATHAN A CLOUSER Defendants) 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 $ 2000.00 , which consists of $ 2000.00 as principal, $0.00 as interest and $ 0.00 as costs less payments of $ 0.00 , plus interest thereon from the date of that judgment, as provided by-law: NOW, ' I , 20 , JUDGMENT IS ENTERED�kS ABOV . L� Pratlary /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: NATHAN A CLOUSER 1713 PEYTON RANDOLPH CT NEW CUMBERLAND PA 17070 -2227 Defendant(s) Michael B. Volk, Esq. #885530 FFG file #: 377973 I IIIIII VIII VIII IIII) VIII VIII VIII IIII IIIIIII III IIIIII IIII IIII PAPA TRANSJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff NO. I j- a l U t ~ V. CIVIL ACTION - LAW NATHAN A CLOUSER Defendant(s) CERTIFICATE OF LAST KNOWN ADDRESS I hereby certify that the last known address of Defendant and the Plaintiff are as follows: NATHAN A CLOUSER Cavalry SPV I, LLC 1713 PEYTON RANDOLPH CT 500 SUMMIT A RIVE NEW CUMBERLAND PA 17070 -2227 VALHALLA Y 1 95 -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: NATHAN A CLOUSER 1713 PEYTON RANDOLPH CT NEW CUMBERLAND PA 17070 -2227 Defendant(s) Date: 2 , 2014 Michael B. Volk, Esq. #885530 FFG file #: 377973 I IIIIII VIII (IIII VIII VIII VIII VIII IIII IIIIIII III IIIIII IIII IIII PA/PA_TRANSJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC assignee of HSBC Bank/Capital One/YAMAHA MOTOR CORP v NATHAN A CLOUSER 4139TH ST#1 NEW CUMBERLAND PA 17070 : ❑ Confessed Judgment ❑D Other : Docket No. 14 -2211 -CIVIL : Judgment Amount $2000.00 : Less Payments $(0.00) : Interest: $22.68 : Total: $2022.68: Atty's Comm: $ : Costs: $ PRAECIPE FOR ATTACHMENT EXECUTION 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 331 86dge S;-, Nein eumbedanc , PA 1974 as amended. / 117x'70 Issue writ of attachment in the above matter to th/ Sheriff of Cumberland County, for debt, interest and costs, directing attachment against PNC BANK , as Garnishee, for the following property of the defendant(s): All accounts, including but not limited to, all savings, checking an , her accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securiilieupons 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:#88553 FFG File # 377973 1 111111 11111 11111 11111 1111111 111 111111111 EMMEN 11 111111111 V1NVA1ASNNJd NPO3 oriv- ,+lSIf(la t i 0 11 J 0 c � rf iii PA_BANKPWRITC -* 9q . co PO Kir/ 2(. a5ce in0 o2b PD �1I -sa.a-6 • 5o L1- aa434.3 2# 5(5/COp THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717)240-6195 www.ccpa.net Cavalry SPV 1, LLC assignee of HSBC BANK/Capital One/ YAMAHA MOTOR CORP. Vs. Term NATHAN A.CLOUSER WRIT OF EXECUTION (Pa R.C.P. 3252) NO 2014-2211 Civil CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against NATHAN A. CLOUSER, 413 9th St #1, New Cumberland, PA 1.7070; Defendant (s) (1) you are directed to levy upon the property ofthe 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, 331 Bridge St, NEw Cumberland, PA 17070, 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. 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 $2,000.00 Interest -- $22.68 Attorney's Comm. % Attorney Paid $60.25 Date: 7/2/14 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 aimed 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 OFFICE 4F'Tt F ri!'`SRIFF 14 I1.0 CUMBERLAND CC Ui ;. PENNSYLVANIA Cavalry SPV I, LLC assignee of HSBC Bank/Capital One/Yamaha Motor Corp vs. Nathan A Clouser Case Number 2014-2211 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. July 11, 2014 The writ of execution and notice to defendant was mailed on July 11, 2014 to Nat A Clouser at 413 9th Street, Apartment 1, New Cumberland, PA 17070. (c) CountySuito Sheriff, Teleosoff Inc. M CLINE, DEPUTY SO ANSWERS, RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC assignee of HSBC Bank/Capital One/YAMAHA MOTOR CORP Plaintiff NO. 14 -2211 -CIVIL v. NATHAN A CLOUSER Defendant(s) TO THE PROTHONOTARY: CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ATTACHMENT Please discontinue the Writ of Execution filed against Garnishee PNC BANK in the referenced matter W tht prejudice. Respectfully 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: NATHAN A CLOUSER 413 9TH ST# 1 NEW CUMBERLAND PA 17070 PNC BANK 331 BRIDGE STREET NEW CUMBERLAND PA 17070 FFG file #: 377973 PA/PA_PRAEDISATT Michael B. Volk, Esq. Attorney ID #88553 1111111111111111111111111111111111111111111111111111111111111111 I ami 501).2; 0,1,1L# aag