HomeMy WebLinkAbout14-4160 F
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Our File No.: 366638 :,Nle: 't kiL
Apothaker Scian P.C.
BY: David J. Apothaker, Esquire n� � �- Z:
Attorney I.D.# 38423
520 Fellowship Road C306 4UBf � AE7 �� �
Mount Laurel,NJ 08054
(800) 672-0215
Attorney for Plaintiff
COURT OF COMMON PLEAS
CAVALRY SPV I, LLC, AS ) CUMBERLAND COUNTY
ASSIGNEE OF HSBC BANK )
NEVADA,N.A. )
ti
Plaintiff, ) NO.
vs. )
APRIL MYERS )
Defendant
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Kindly enter Judgment against APRIL MYERS, Defendant(s) 'n the ount of$1.225.01.
David J. Apotha er, Esquire
Attorney for Plaintiff
Dated: 5/15/2014
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COMM( 'NWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
cbUNTY'OF CUMBERLAND ~- ` Case
x
Mag. Dist. No: MDJ-09-3-01 Cavalry SPV I, LLC, As Assignee of HSBC Bank
MDJ Name: Honorable H.Anthony Adams Nevada, N.A.
Address: 35 West Orange Street V.
Shippensburg, PA 17257 April Myers
Telephone: 717-532-7676
David J. Apothaker, Esq. Docket No: MJ-09301-CV-0000179-2013
Apothaker&Associates PC Case Filed: 12/19/2013
520 Fellowship Road, Suite C306 FAN
Q�2® n i� 2
Mount Laurel, NJ 08054 L� W LSC E� E
11 7 .2014 w+ u,3 2014
Disposition Summary (cc-Cross Complaint)
Docket No Plaintiff Defendant Disposition Disoosition Date
MJ-09301-CV-0000179-2013 Cavalry SPV I,LLC,As Assignee April Myers Default Judgment for Plaintiff 01/14/2014
of HSBC Bank Nevada, N.A.
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
April Myers $0.00 $1,225.01 $1,225.01
Cavalry SPV I,LLC,As Assignee of HSBC $0.00 $0.00 $0.00
Bank Nevada,N.A. -
Judgment Finding ("PostJudgment) -
In the matter of Cavalry SPV I, LLC,As Assignee of HSBC Bank Nevada, N.A. vs. April Myers on MJ-09301-CV-0000179-2013, on
1/14/2014 the judgment was awarded as follows:
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $1,125.01 $1,125.01
Costs $0.00 $100.00 $100.00
Grand Total: $1,225.01
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.
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Date Ma isterial District Judge H.Anthonydams
9� 9 Y '
certify that this is a true and correct of the record ot the proceedings containing the judgment.
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Date Magisterial District Judge
MDJS 315 Page 1 of 2 Printed:01/14/2014 2:29:27PM
Cavalry SPV I, LLC, As Assignee of HSBC Bank Docket No.: MJ-09301-CV-0000179-2013
Nevada, N.A.
V.
April Myers
Participant List
Plaintiff(s)
Cavalry SPV I, LLC,As Assignee of HSBC Bank Nevada, N.A.
500 Summit Lake Drive Ste 400
Valhalla, NY 10595-1340
Defendant(s)
April Myers
22 N.Washington St
Shippensburg, PA 17257
Complainant's Attorney(s)
David J.Apothaker, Esq.
Apothaker&Associates PC
520 Fellowship Road, Suite C306Cz CS -71
Mount Laurel, NJ 08054 .c
C:-:
MDJS 315 Page 2 of 2 Printed:01/14/2014 2:29:27PM
y
Our File No.: 366638
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TO: APRIL MYERS
22 N WASHINGTON ST
SHIPPENSBURG, PA 17257-1421
CAVALRY SPV I, LLC, AS ) COURT OF COMMON PLEAS
ASSIGNEE OF HSBC BANK ) CUMBERLAND COUNTY
NEVADA,N.A. j I � ( //(�>_6 ��
zl
NO.. - `7
Plaintiff )
vs. )
APRIL MYERS )
Defendant )
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
XX JUDGMENT BY DEFAULT
JUDGMENT IN REPLEVIN
_JUDGMENT BY CONFESSION
JUDGMENT FOR POSSESSION
JUDGMENT ON AWARD OF
ARBITRATORS
JUDGMENT ON VERDICT
JUDGMENT ON COURT FINDINGS
JUDGMENT ON WRIT OF REVIVAL
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY David J. Apothaker, Esquire at this telephone number: 800-6;Q2-0215
Our File No.: 366638
CAVALRY SPV I, LLC, AS ASSIGNEE OF IN THE COURT OF COMMON PLEAS OF
HSBC BANK NEVADA,N.A. CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
vs. a p t NO.: 2014-4160
APRIL MYERS 190S 4.
Defendant(s) � � PRAECIPE FOR WRIT OF EXECUTION
To the Prothonotary:
Issue a Writ of Execution in the above matter,
(1) directed to the Sheriff of CUMBERLAND County;
(2) against APRIL MYERS,defendant(s); and
(3) against M&T BANK 1 W HIGH ST CARLISLE, PA 17013, Garnishee(s);
(4) and index this writ in the judgment index
(a) against APRIL MYERS, defendant(s), and
(b) against M&T BANK 1 W HIGH ST CARLISLE, PA 17013, as Garnishee(s), as a lis pendens
against the real property of the defendant(s)in the name of Garnishee(s) as follows:
Bank Attachment Only - All assets and accounts including but not limited to bank accounts brokerage
firm accounts, stocks, cd's, insurance, safety deposit boxes etc.
(5) Amount Due $1225.01
Interest from January 14, 2014 $56.18
Minus Payments made -$
Plus Costs $210.25
Total $1491.44
US,
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3l t S C David J. Apothaker, Esquire
/� Attorney for Plaintiff(s)lam
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z THE COURT OF COMMON PLEAS
o CUMBERLAND COUNTY PA
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" DAVID D. BUELL,PROTHONOTARY
One Courthouse Square• Suite 100 • Carlisle, PA • 17013
1750 (717)240-6195
www.ccpa.net
CAVALRY SPV,I,LLC,AS ASSIGNEE
OF HSBC BANK NEVADA,N.A.
Vs. NO 14-4160 Civil Term
CIVIL ACTION—LAW
APRIL MYERS
WRIT OF EXECUTION
(Pa R.C.P.3252)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs against APRIL MYERS,8752 RICE ROAD,SHPPENSBURG,
PA 17257 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
M&T BANKGARNISHEE(S), as garnishee, 1 W HIGH STREET, CARLISLE, PA 17013 (Specifically describe
property) and to notify the garnishee that BANK ATTACHMENT ONLY - ALL ASSETS AND ACCOUNTS,
INCLUDING, BUT NOT LIMITED TO, BANK ACCOUNTS, BROKERAGE FIRM ACCOUNTS,
STOCKS,CD'S,INSURANCE,SAFETY DEPOSIT BOXES, ETC.
(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
multiple accounts are attached,a total of$300 in all accounts shall not be subject to levy and attachment as
1
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 $1,225.01 Plaintiff Paid
Interest FROM JANUARY 14,2014-$56.18 Law Library $.50
Attorney's Comm. % Due Prothonotary $2.25
Attorney Paid $60.25 Other Costs $210.25
Date: 12/31/14 124��a1� -
David D.Buell,Prothonotary
�,P�-
Deputy
REQUESTING PARTY:
Name :DAVID J.APOTHAKER,ESQUIRE
Address: APOTHAKER SCIAN P.C.
520 FELLOWSHIP ROAD,C306
P.O. BOX 5496
MT.LAUREL,NJ 08054
Attorney for: PLAINTIFF
Telephone: 1-800-672-0215
Supreme Court ID No.
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
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson r 1 -;; 3i'
Sheriff ii<<: t't JILOHt..I3,,,.
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
r of ;Iran icr
FTHE SHERIFF.
2015JAN -9 PH 3:
CUMBERLAND COUNT!'
PENNSYLVANIA
Cavalry SPV I, LLC, Assignee of HSBC Bank Nevada N.A.
vs.
April Myers
Case Number
2014-4160
SHERIFF'S RETURN OF SERVICE
01/07/2015 03:03 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 Joy Mathna, Senior 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 January 8, 2015 to April Myers at 8752 Rice
Road, Shippensburg, PA 17257.
JAMIE DIMARTILE, DEPUTY
SO ANSWERS,
January 08, 2015 RNY R ANDERSON, SHERIFF
CountySuite Shenfr, Toleosoff. Inc.
Our File No.: 366638
CAVALRY SPV I, LLC, AS ASSIGNEE OF
HSBC BANK NEVADA, N.A.
Plaintiff
vs.
APRIL MYERS
8752 RICE RD
SHIPPENSBURG, PA 17257
XXX -XX -0427
M&TBANK
Defendant
Garnishee
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) COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
)
)
) NO.: 2014-4160
)
) Civil Action
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)
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crkletS
INTERROGATORIES TO GARNISHEE
TO: M & T BANK, Garnishee:
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.
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 defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed
defendant(s) an money or were liable to defendant(s) for any reason? Uf
2. At the time you were served o at any subsegtt time was there in your possession, custody, control or in
the joint possession, custody or control of yourself and one or more persons any property of any nature
owned solely or in part by the defendant(s)? h p
3. At the time you were served or any subsequent time did you hold legal title to any property of any nature
owed solely or in part by the defendant(s) or in which the defendant held or claimed any interest? A JA.
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 any interest? Mpr-
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 what was the consideration thereof? /1 I y-
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? n1
7. If you are a bank or other financial institution, at the time you were served or 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 and state the reason for the
exemption and the entity electronically depositing those funds on a recurring basis. f b
8. 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 the funds on deposit, not including any otherwise
exempt funds, did not exceed the amount of the general exemption under 42PA.C.S.§8123? If so, identify
each accountSD c\ 9 U
9. How much is the value of any property in your possession belonging to the defendant(s)? Nr),O J
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10. In the space below, the plaintiff may set forth additional appropriate interrogatories.
Dated:
David J. Ap it • •� quire
APOTHA ' _ CIAN P.C.
520 Fellowship Road C306
PO Box 5496
Mount Laurel, New Jersey 08054
(856) 780-1000
Attorneys for Plaintiff
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