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Home My WebLink About14-2822 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Cavalry SPV 1, LLC saa Plaintiff NO. 19, V. CIVIL ACTION -LAW -zr.- DANIEL BRAUGHT Defendant(s) PRAECIPE TO ENTER JUDGMENT ON MAGISTERIAL DISTRICT JUDGE'S TRANSCRIPT OF JUDGMENT In accordance with the transcript of the Magisterial District Judge wh attached hereto, enter judgment in favor of Plaintiff and against Defendant, in the sum of $2197.46, which consists of $2053.06 as principal, $0.00 as interest and $144.40 as costs less payments of$0.00 , plus interest thereon from the date of that judgment, as provided by law. RespectfullyVbed, By: Michael B. Volk,Esq. #88553 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 NOAP A As of the date of this filing a District Justice appeal has not n d e Court of Common Pleas of CUMBERLAND County. V— Michael B.Volk,Esq.#88553 FFG file#: 379216 1111111 lilll hill VIII 11111 VIII111111111111111 hill llllli III illi 9<-pj 01 Ti PA/PA-TRANSJ r ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC M Plaintiff `1 o a D- V. l U NO. V• CIVIL ACTION - LAW DANIEL BRAUGHT Defendant(s) CERTIFICATE OF LAST KNOWN ADDRESS I hereby certify that the last known address of Defendant and the Plaintiff are as follows: DANIEL BRAUGHT Cavalry SPV I, L 64 MCALLISTER CHURCH RD 500 SU DRIVE CARLISLE PA 17015-9379 VALHAL A 0595-1340 Michael B.Volk, Esq. #88553 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: DANIEL BRAUGHT 64 MCALLISTER CHURCH RD CARLISLE PA 17015-9379 Defendant(s) Date: Cf (u �l , 2014 Michael B.Volk, Esq. #88553 FFG file#: 379216 IIIIII VIII IIIIIIIIII VIII IIID VIII IIII IIIIII VIII IIIIII III IIII PA/PA_TRANSJ t COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-2-02 Cavalry SPV I, LLC C/o Fulton Friedman & MDJ Name: . Honorable Jessica Brewbaker Gullace, LLP Address: 18 North Hanover Street, Suite 106 V. Business Central Building Daniel Braught Carlisle, PA 17013 Telephone: 717-240-6564 Michael B. Volk, Esq. Docket No: MJ-09202-CV-0000122-2013 Fulton Friedman &Gullace, LLP Case Filed: 10/18/2013 6 Kacey Court, Suite 203 Mechanicsburg, PA 17055 �.rpt ..�J•" co C,.l .. .. .. ... .. _.moi. --"' Disposition Summary (cc-Cross Complaint) �� Docket No Plaintiff Defendant Disposition C2 Disposition Date MJ-09202-CV-0000122-2013 Cavalry SPV I,LLC c/o Fulton Daniel Braught Default Judgment forPlaintiff x-03/17/2014 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 Daniel Braught $0.00 $2,197.46 $2,197.46 Judgment Finding (*Post Judgment) In the matter of Cavalry SPV I, LLC c/o Fulton Friedman & Gullace, LLP vs. Daniel Braught on MJ-09202-CV-0000122-2013, on 3/17/2014 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,053.06 $2,053.06 Costs $0.00 $144.40 $144.40 Grand Total: $2,197.46 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. 4-11%A C'x 135"te Magisterial District Judge Jessica Brewbaker � ' I certify that this is a true and correct copy of the record o the proceedin co aining the ju gment. �q I� Date Ma ist rial District Judge MDJS 315 Page 1 of 2 Printed:03/17/2014 11:08:12AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff NO � I' p( V. CIVIL ACTION - LAW DANIEL BRAUGHT 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 $2197_46, which consists of $2053.06 as principal, $0.00 as interest and $144.40 as costs less payments of$0.00 , plus interest thereon from the date of that judgment, as provided by law.-,-. - - NOW, ' 20q, JUDGMENT IS NTD OVE. Prothon ion 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: DANIEL BRAUGHT 64 MCALLISTER CHURCH RD CARLISLE PA 17015-9379 Defendant(s) Michael B. Volk,Esq. #88553 FFG file#: 379216 I Ililll VIII VIII VIII VIII VIII VIII IIII IIIIII iilll IIIIII III IIII PAPA TRANSJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC v DANIEL BRAUGHT 64 MCALLISTER CHURCH RD CARLISLE PA 17015-9379 : ❑ Confessed Judgment : ❑D Other : Docket No. 14-2822 : Judgment Amount $2197.46 : Less Payments $(0.00) : Interest: $50.21 : Total: $2247.67: Comm: $ : Costs: $ ZVC ci -Pt( 44j4s3 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, the other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, se ; ri' coupons and all other property of the defendant(s) in the possession, custody or control of Garnishee. Date FFG File # 379216 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 111111 11111 11111 11111 11111 11111 11111110111111 IIII 111111 IIII IIII s9q.') '?) awl 31i 6l96Pel PA_BANKPWRITC Jta. as sat e ebt)36)(/7/) 31)tin 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 14-2822 Civil Term CIVIL ACTION — LAW DANIEL BRAUGHT WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against DANIEL BRAUGHT, 64 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015-9379 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, 1958 SPRING ROAD, CARLISLE PA 17013 (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 $2,197.46 Interest $50.21 Attorney's Comm. % Attorney Paid $60.25 Date: 09/30/14 (Seal Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs -1a444-4. David D. Buell, Prothonotary 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED -OFF ICL. F THE f R O T Ii�O}N °/^/�l iTh lr Hifi OCT 4T M 2 CUMBERLAND COUNTY PENNSYLVANIA (FFtC:OF?H $FtE,RIFF Cavalry SPV I, LLC vs. Case Number Daniel L. Braught 2014-2822 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 & T 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 8, 2014 to Daniel Braught at 64 McAllister Church Road, Carlisle, PA 17015-9379. <,kriAnks Q, J IE DIMARTILE, DEPUTY SO ANSWERS, October 08, 2014 RONNY R ANDERSON, SHERIFF (c) CountySui[o Sheriff, Te'heosoft. 1,1c. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff CIVIL ACTION - LAW vs. No.14-2822 DANIEL BRAUGHT Defendant(s) anS f -)1) INTERROGATORIES TO GARNISHEE To: MERCHANTS AND TRUST BANK 1958 SPRING RD CARLISLE PA 17013 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 # 379216 1111111111111111111111111111111111111IIII111111 ill 11111111111111 PA/PA_BANKINTERROGS INTERROGATORIES TO GARNISHEE DEFENDANT(S) - DANIEL BRAUGHT SS# - ***-**-0987 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(s) claim that you owed the defendant(s) any money or were liable to the defendant(s) for any reason? M & T BANK Q\A HAS NO OPEN ACCOUNTS FOR ABOVE NAMED 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)? 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? 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 therefor? 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? KAk 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. lv� PA/PA_BANKINTERROGS DEFENDANT(S) - DANIEL BRAUGHT SS# - ***-**-0987 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. ZJ� 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. r\ 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. lv� 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 #: 379216 CATHY S FISHER M&T BANK PA/PA_BANKINTERROGS OCT 2 8 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cavalry SPV I, LLC Plaintiff NO. 14-2822 v. DANIEL BRAUGHT 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 Sd, 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: DANIEL BRAUGHT 10 HOLLAR AVE SHIPPENSBURG PA 17257-2102 MERCHANTS AND TRUST BANK 1958 SPRING RD CARLISLE PA 17013 FFG file #: 379216 PA/PA_PRAEDISATT Michael B. Volk, Esq. Attorney ID #88553 1111111111111111111111111111111111111111111111111111111111 I I 11111 00_ qs0f.ei alk CLfl )v,qg I�+� 313311