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HomeMy WebLinkAbout14-6126 F I L LE D-0 F F I C SALDUTTI, LLC i_',F E F;_",!'J J-In()N 0 i"%Iri BY: Robert L. Saldutti, Esquires � 16 h 3: 18 Identification No. PA-63867 800 N. Kings Highway, Ste 300 tf CU}- t;,Hl UNTy BNY Mellon Center IFIEHL N N Cherry Hill,NJ 08034 PE S -) I L'V i I A 11 1735 Market Street, Suite 3750 (856) 779-0300 Philadelphia, PA 19103 Attorney for Plaintiff Telephone: 610-994-1137 SOVEREIGN BANK IN THE COURT OF COMMON PLEAS NOW KNOWN AS SANTANDER BANK CUMBERLAND COUNT,PA 3 HUNTINGTON QUADRANGLE MELVILLENY1 1747 DOCKET NO. 1qt,Q�Q'�(Q (�/�. — Plaintiff, V. CIVIL ACTION-LAW HAMMER EXPRESS INC 1722 Forster Street Harrisburg,Pa 17103 AND . DARRELL BALLARD 100 Casey Meadows Place Sandston,VA 23150-4028 AND EARL McCLEEREY 804 Kent Drive Mechanicsburg, PA 17050-2281 Defendant(s). PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT TO THE PROTHONOTARY: Pursuant to the Uniform Enforcement of Judgments Act, 42 PA. C.S.A. §4306 (the "Act"),kindly file and index the attached exemplified and certified copy of the Final Judgment, which is attached hereto and incorporated herein as Exhibit"A" entered in favor of plaintiff, Sovereign Bank, now known as Santander Bank and against Defendant, Earl McCleerey in the amount of$47,385.21 net of any credits, with interest at the rate of 4.75%per annum from September 2, 2010 until paid,plus costs and attorneys' fees, in an action captioned Sovereign PQ C_L4 12)039 �IL Bank (now known as Santander Bank) v. Hammer Express, Inc., Darrell Ballard and Earl McCleerey, being May Term 2011,No. 02534 (No. 110502534), in the Court of Common Pleas, Philadelphia County, Pennsylvania. Certified docket entries were not available from this foreign court. A copy of the current docket entries for this matter are attached. The Affidavit required by the Act and the Certificate of Addresses are attached hereto and incorporated herein as Exhibits `B"and"C", respectively. The time within which Defendants had to appeal the entry of judgment has long since expired. SALDUTTI, LLC Date: October 13, 2014 Robert L. Salduhi, ELhway, e SALDUTTI, LLC 800 North Kings Hi Suite 300 Cherry Hill,NJ 08 Telephone: 856-779-0300 Attorneys for Plaintiff, Sovereign Bank, now known as Santander Bank SALDUTTI, LLC BY: Robert L. Saldutti,Esquire Identification No. PA-63867 s r 800 N. Kings Highway, Ste 300 200 Locust Street Foie and Aestec by Cherry Hill,NJ 08034Ro,v �Ry Unit 24E,North 23, Ayi.2 ..... gas m (856)779-0300 Philadelphia, PA 191 s Attorney for Plaintiff SOVEREIGN BANK COURT OF COMMON PLEAS 2005 Market Street PHILADELPHIA COUNTY Philadelphia,PA 19103 Plaintiff, DOCKET NO. V. HAMMER EXPRESS INC CIVIL ACTION-LAW 3900 Industrial Road Harrisburg,Pa 17110-2945 and DARRELL BALLARD 100 Casey Meadows Place Sandston, Va 23150-4028 And EARL McCLEEREY 804 Kent Drive Mechanicsburg,PA 17050-2281 Defendant(s). COMPLAINT IN SUPPORT OF CONFESSION OF JUDGMENT Plaintiff, Sovereign Bank("Plaintiff'),by and through its undersigned counsel, hereby files this Complaint pursuant to Pa.R.C.P.No. 2951(b)for judgment by confession and avers the following: 1. Plaintiff is a Pennsylvania financial institution.chartered under the laws of the Commonwealth of Pennsylvania and is authorized to conduct business in the Commonwealth of Pennsylvania with a place of business at 2000 Market Street,Philadelphia, PA 19103 and at various other locations throughout the Commonwealth of Pennsylvania. Case ID: 110502534 2. Defendant, Hammer Express, Inc. is a"), is a corporation authorized to conduct business in the Commonwealth of Pennsylvania and has a principal place of business located at 3900 Industrial Road, Harrisburg, PA 17110-2945. 3. Defendant,Darrell Ballard is an adult individual residing at 100 Casey Meadows Place, Sandston,VA 23150-4028, 4. Defendant, Earl McCleerey is an adult individual residing at 804 Ken Drive,Mechanicsburg, PA 17050-2281. 5. Defendants consented to the laws and jurisdiction of the courts of the Commonwealth of Pennsylvania pursuant to paragraph entitled"Confession of Judgment"in the Commercial Guaranty("Agreement")signed on February 27,2006 and in the Disclosure for Confession of Judgment. True and correct copies of which is attached hereto as Exhibit"A". 6. On February 27,2006 Defendants signed a Promissory Note reflecting Defendants' commitment to repay to Plaintiff any and all amounts remaining on a Fifty Thousand Dollar($50,000.00)loan on an interest rate that floats on a daily basis at 1.50%over the Sovereign Bank Prime Rate. The current interest rate on this loan is now 4.75%. 7. By signing the Promissory Note,Defendants agreed to make repayment of monies loan with the first repayment due on or before March 27,2006. 8. Defendants entered into a loan modification agreement dated September 29,2008. A copy of which is attached hereto as Exhibit`B". 9. As of September 2,2010, Defendants have now defaulted on their obligations under the Note and have failed to make repayment of monies loaned. There is currently an outstanding balance due of$37,780.97 under the Promissory Note. Case ID: 110502534 t 10. Pursuant to the terms outlined in the Promissory Note, if Defendants defaulted on their obligations under the note,plaintiff had the right to hire an attorney to collect on the note and to charge to the Defendants'reasonable attorney's fees incurred in the collection. In this instance, there are outstanding attorney's fees in the amount of$9,445.24. 11. Defendants were advised of their default of the obligations contained in the Promissory Note. However,Defendants made no further payments to Plaintiff following their default. 12. Defendants have failed to make all agreed upon payments to Plaintiff pursuant to the Agreement. 13. Defendants' failure to pay Plaintiff constitutes a material breach of the Agreement. 14. Upon default,Defendants agreed that the unpaid principal amount of the 4 Promissory Note dated February 27,2006,together with attorney's fees and interest accruing at a rate of 4.75%per annum from the date of default,would become immediately due and payable. See Exhibit A. 15. The Agreement on its face authorizes Plaintiff to confess judgment against Defendants for$37,780.97 plus attorney's fees, costs and interest accruing at a rate of 4.75%per annum from February 28, 2006 until the date of judgment rendered by the court,court costs, expenses and additional attorneys' fees,less any amounts paid by Defendants under the Agreement. See Exhibit A. 16. Defendants have defaulted on the Agreement pursuant to default provisions contained therein by failing to make payments when due. Case ID: / 10502534 17. Defendants haves not made any payments under the Agreement, and, therefore, Defendants are unequivocally in default. 18. The collective sum due pursuant to the Agreement is$47,385.21, plus interest at 4%per annum from November 25, 2008 to the date of judgment. This sum is broken down as follows: (a) Damages for default $37,780.97 (b) Attorneys' fees $9,445.24 (c) Filing fees $156.76 (d) Interest at 4.0%per annum from September 2, 2010 to date of judgment as provided in Agreement. TBD TOTAL: $47,385.21 19. Judgment has not been successfully entered in any jurisdiction on the instrument attached hereto as Exhibit"A". 20. The instrument attached hereto as Exhibit"A" has not been assigned. 21. The judgment by confession sought by PIaintiff is not in connection with a consumer credit transaction. 22. Defendants' failure to pay the amounts due to Plaintiff under the Agreement provides Plaintiff with the authority to file this Complaint. Case ID: 1 10502534 WHEREFORE, Plaintiff, Sovereign Bank respectfully requests that this Honorable.Court enter judgment by confession against Defendants, Hammer Express, Inc., Darrell Ballard and Earl McCleerey, for monetary damages as authorized by the attached instrument in the sum of$47,385.21, plus interest at 4.75%per annum from Septem�cr`2, 2010 to the date of judgment. �. l Respe4forPlaiLtiff itte ROBEDUTTI,ESQUIRE Attorn Dated: May 23, 2011 A ' 1.� FROM THE RECORD OfJUL, 8'2 0 1 . CERTIFIED ERIC FEDER'�a DIRECTOR,OFRCE OF JUDICIAL RECORDS .PHILADELPHIA COUNTY Case ID: 110502534 Civil Docket Report Page 1 of 4 PhiladelphiaThe ®No Items in Ca Civil Docket t- Access : Civil Docket Report A$5 Convenience fee will be added to the transaction at checkout. Case Description Case ID: 110502534 Case Caption: SOVEREIGN BANK VS HAMMER EXPRESS INC ETAL Filing Date: Monday , May 23rd, 2011 Court: JUDGMENTS Location: City Hall Jury: NON JURY Case Type: CONFESSION OF JUDGMENT Status: ACTIVE CASE Related Cases No related cases were found. Case Event Schedule No case events were found. Case motions No case motions were found. Case Parties Seq # Assoc Date Type Name 1 ATTORNEY FOR SALDUTTI, PLAINTIFF ROBERT L Address: 800 N KINGS HIGHWAY Aliases: none STE 300 CHERRY HILL NJ 08034 (856)779-0300 F- 2 1 PLAINTIFF SOVEREIGN BANK Address: 2005 MARKET STREET Aliases: none PHILADELPHIA PA 19103 http://fjdefile.phila.gov/efsfjd/zk_fjd�ublic_gry_03.zp_dktrpt_frames 8/2/2014 Civil Docket Report Page 2-of 4 3 1 DEFENDANT HAMMER EXPRESS INC Address: 3900 INDUSTRIAL ROAD Aliases: none HARRISBURG PA 17110-2945 4 1 DEFENDANT BALLARD, DARRELL Address: 100 CASEY MEADOWS Aliases: none PLACE SANDSTON VA 23150- 4028 5 1 DEFENDANT MCCLEEREY, EARL Address: 804 KENT DRIVE Aliases: none MECHANICSBURG PA 17050-2281 6]1PUDGE FOX, [DEE C Address: 656 City Hall Aliases: none PHILADELPHIA PA .19107 (215)686-4222 Docket Entries Filing Disposition Approval/ Date/Time Docket Type Filing Party Amount Entry Date 23-MAY-2011 ACTIVE CASE 23-MAY-2011 12:15 PM 12:23 PM Docket E-Filing Number: 1105037181 Entry: 23-MAY-2011 COMMENCEMENT BY SALDUTTI, 23-MAY-2011 12:15 PM JUDGMENT ROBERT L 12:23 PM http://fjj defile.phila.gov/efsfjj d/zk_fjj d_public_gry_03.zp_dktrpt_fratnes 8/2/2014 Civil Docket Report Page 3 of 4 Documents: A.Click link(s)to preview/purchase the - -y , Cock MW to purOmw andMMmMft documents = •• rel*edtothis omftck efts Final Cover Docket Entry: none. 23-MAY-2011 CONFESSION OF SALDUTTI, $47,385.21 23-MAY-2011 12:15 PM JUDGMENT FILED ROBERT L 12:23 PM Documents: A Click link(s)to preview/purchase the -7_ cVckr ]!*a pumhwea#dowmefs documents '' reWed to the one aocW entry 1-14381.complaint in confession.pdf 2-14381.app and conf of j.pdf 3-14381.aff addresses.pdf 4-14381.aff non consumer.pdf 5-14381.verifpdf 6-14381.cert party res.pdf 7-14381.] by confession.pdf 8-14381.aff non mil.pdf 9-14381.236 notice.pdf 10-14381.2958.1 notice.pdf 11-14381.cert svc(notices).pdf 12-14381.aff def and auth docs1.pdf 13-14381.12raecipe j by conf.pdf 14-14381.cert svc(praecipe).pdf 15-14381.ex a.pdf 16-14381.ex b1.pdf COMPLAINT IN CONFESSION OF JUDGMENT UNDER PA.R.C.P. 2951 FOR MONEY FILED JUDGMENT ENTERED BY CONFESSION FOR THE SUM OF $47,385.21. ASSESSMENT OF DAMAGES $47,385.21 Docket AVERMENT OF DEFAULT FILED. AFFIDAVIT OF INCOME/BUSINESS TRANSACTION FILED. AFFIDAVIT OF NON-MILITARY SERVICE FILED. Entry: THIS IS NOT A RETAIL INSTALLMENT SALES AGREEMENT OF ACCOUNT NOTICE UNDER PA.R.C.P 236 GIVEN. JUDGMENT IS NOT BEING ENTERED BY CONFESSION AGAINST A NATURAL PERSON IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION. 16-AUG-2011 MOT-DISCOVERY TO SALDUTTI, 17-AUG-2011 08:43 AM AID EXECUTION ROBERT L 09:50 AM Documents: A Click link(s)to preview/purchase the —_ Cfick"eft topurcFaft6Mdoo-menti documents eeMW to 1his one docW entry 14381-Motion to Compel.pdf Motion CoverSheet Form Docket 99-11081999 RESPONSE DATE 09/06/2011. (FILED ON BEHALF OF Entry: SOVEREIGN BANK) 11 IF- 11 IF- http://fjdefile.phila.gov/efsfjd/zk— 8/2/2014 Civil Docket Report Page 4 of 4 08-SEP-2011 MOTION ASSIGNED 08-SEP-2011 04:22 PM 04:22 PM Docket 99-11081999 MOT-DISCOVERY TO AID EXECUTION ASSIGNED_ TO Entry: JUDGE: FOX, IDEE C. ON DATE: SEPTEMBER 08, 2011 14-SEP-2011 ORDER ENTERED/236 FOX, IDEE C 14-SEP-2011 03:27 PM NOTICE GIVEN 03:27 PM Documents: A Click link(s)to preview/purchase the Mck"Eft to pa ase andowmenft. documents vvhOd to*is ana dwkd Y ORDER 6.pdf 99-11081999 IT IS HEREBY ORDERED AND DECREED THAT PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTIONS OF DOCUMENTS IS GRANTED. DEFENDANT EARL MCCLEEREY SHALL MAKE FULL AND COMPLETE Docket ANSWERS TO SAID INTERROGATORIES AND PROVIDE FULL AND Entry: COMPLETE DOCUMENTS IN RESPONSE THEREIN, WITHOUT OBJECTION OR MOTION FOR PROTECTIVE ORDER, WITHIN TWENTY (20) DAYS OF THE DOCKETING OF THIS ORDER OR APPROPRIATE SANCTIONS SHALL BE IMPOSED UPON DEFENDANT FOLLOWING APPLICATION TO THE COURT. ... BY THE COURT: FOX, J. 9/8/2011 F_ 14-SEP-2011 NOTICE GIVEN UNDER 15-SEP-2011 03:27 PM RULE 236 09:14 AM Docket NOTICE GIVEN ON 15-SEP-2011 OF ORDER ENTERED/236 NOTICE Entry: GIVEN ENTERED ON 14-SEP-2011. Case Description Related Cases Event Schedule Case Parties Docket Entries Search Horne http://fjdefile.phila.gov/efsfjdlzk_fjd_public_gry_03.zp_dktrpt frames 8/2/2014 SALDUTTI, LLC BY: Robert L. Saldutti, Esquire Identification No. PA-63867 800 N. Kings Highway, Ste 300 BNY Mellon Center Cherry Hill,NJ 08034 1735 Market Street, Suite 3750 (856) 779-0300 Philadelphia, PA 19103 Attorney for Plaintiff Telephone: 610-994-1137 SOVEREIGN BANK IN THE COURT OF COMMON PLEAS NOW KNOWN AS SANTANDER BANK CUMBERLAND COUNT,PA 3 HUNTINGTON QUADRANGLE ��' MELVILLENY11747 DOCKET NO. Plaintiff, V. CIVIL ACTION-LAW HAMMER EXPRESS INC 1722 Forster Street Harrisburg,Pa 17103 AND DARRELL BALLARD 100 Casey Meadows Place Sandston,VA 23150-4028 AND EARL McCLEEREY 804 Kent Drive Mechanicsburg,PA 17050-2281 Defendant(s). NOTICE OF ENTRY OF FOREIGN JUDGMENT To: EARL McCLEEREY Pursuant to 42 Pa.C.S.A. §4306 and Pennsylvania Rule of Civil Procedure 236, notice is hereby given that on October , 2014, a Foreign Judgment in the above-captioned matter has been entered against you in the amount of$47,385.21 plus interest at 4.75%per annum from September 20, 2010 until paid, net of any credits, with additional interest, plus costs and attorney's fees. The above-mentioned Foreign Judgment is valid, enforceable and unsatisfied. If you have any questions regarding this notice,please contact Robert L. Saldutti, Esquire, Saldutti, LLC, 800 N. Kings Highway, Suite 300, Cherry Hill,TP 08034, Tele ne No. 856 9-0300. rY A �e.Vb1OII' Dated: October A 2014 Prothonotary NOTE FOR DOCKET The above otice was mailed by first class mail to the judgment debtors on Prothonotary SALDUTTI, LLC BY: Robert L. Saldutti, Esquire Identification No. PA-63867 800 N. Kings Highway, Ste 300 BNY Mellon Center Cherry Hill,NJ 08034 1735 Market Street, Suite 3750 (856) 779-0300 Philadelphia, PA 19103 Attorney for Plaintiff Telephone: 610-994-1137 SOVEREIGN BANK IN THE COURT OF COMMON PLEAS NOW KNOWN AS SANTANDER BANK CUMBERLAND COUNT,PA 3 HUNTINGTON QUADRANGLE /�� �lv(• MELVILLENY11747 DOCKET NO. , Plaintiff, V. CIVIL ACTION-LAW HAMMER EXPRESS INC 1.722 Forster Street Harrisburg,Pa 17103 AND DARRELL BALLARD 1.00 Casey Meadows Place Sandston,VA 23150-4028 AND EARL McCLEEREY 804 Kent Drive Mechanicsburg, PA 17050-2281 Defendant(s). CERTIFICATE OF SERVICE I, Robert L. Saldutti, hereby certify that on the 13th day of October, 2014, I served the foregoing Praecipe to File and Index Foreign Judgment via United States first class mail,postage prepaid and certified mail, return receipt requested,upon the following: EARL McCLEEREY 804 Kent Drive Mechanicsburg, PA 17050-2 1 SALDUTTI, LC Robert L. �aldui. Esquire SALDUTTI, LLC BY: Robert L. Saldutti, Esquire Identification No. PA-63867 800 N. Kings Highway, Ste 300 BNY Mellon Center Cherry Hill,NJ 08034 1735 Market Street, Suite 3750 (856) 779-0300 Philadelphia, PA 19103 Attorney for Plaintiff Telephone: 610-994-1137 SOVEREIGN BANK IN THE COURT OF COMMON PLEAS NOW KNOWN AS SANTANDER BANK CUMBERLAND COUNT, PA 3 HUNTINGTON QUADRANGLE MELVILLENY11747 DOCKET NO. Plaintiff, V. CIVIL ACTION-LAW HAMMER EXPRESS INC 1722 Forster Street Harrisburg,Pa 17103 AND DARRELL BALLARD 100 Casey Meadows Place Sandston,VA 23150-4028 AND EARL McCLEEREY 804 Kent Drive Mechanicsburg, PA 17050-2281 Defendant(s). AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF PHILADELPHIA Robert L. Saldutti, Esquire, being duly sworn according to law, deposes and says as follows: 1. I am attorney for Plaintiff, Sovereign Bank, now known as Santander Bank, and as such,have the authority to make this Affidavit pursuant to the Uniform Enforcement of Foreign Judgments Act, 42 Pa.C.S.A. §4306(c). 2. The judgment creditor is Sovereign Bank, now known as Santander Bank, 2000 Market Street, Philadelphia, PA 19103. 3. The judgment debtor("Defendant") is Earl McCleerey. 4. The last known address for Defendant Earl McCleerey is 804 Kent Drive, Mechanicsburg, PA 17050-2281. 7. The Foreign Judgment being transferred to this Co, i valid, enforceable and unsatisfied. 1 0 ) 1 s C t`f Robert L. Saldutti, E quire Sworn to and subscribed b 9 me this ZZ day of 2014. U Or' Not ub 'c MARCIE ANINIE FJURROEZO NOTARY PUBLIC OF 14EW JERSEY My COMMI.,5€0r1 up"T'Is 2/2f/20l5 . 1 t r e :e.. SALDUTTI, LLC BY: Robert L. Saldutti, Esquire Identification No. PA-63867 800 N. Kings Highway, Ste 300 BNY Mellon Center Cherry Hill,NJ 08034 1735 Market Street, Suite 3750 (856) 779-0300 Philadelphia, PA 19103 Attorney for Plaintiff Telephone: 610-994-1137 SOVEREIGN BANK IN THE COURT OF COMMON PLEAS NOW KNOWN AS SANTANDER BANK CUMBERLAND COUNT,PA 3 HUNTINGTON QUADRANGLE MELVILLENY 11747 DOCKET NO. Plaintiff, V. CIVIL ACTION-LAW HAMMER EXPRESS INC 1722 Forster Street Harrisburg,Pa 17103 AND DARRELL BALLARD 100 Casey Meadows Place Sandston,VA 23150-4028 AND EARL McCLEEREY 804 Kent Drive Mechanicsburg, PA 17050-2281 Defendant(s). CERTIFICATE OF ADDRESSES I, Robert L. Saldutti, Esquire, hereby certify that the names and addresses of the proper person to receive this notice are: EARL McCLEEREY 804 Kent Drive Mechanicsburg, PA 17050-2281 SALDUTTI, LLC Robert L. Sa dutti,tquire SALDUTTI, LLC BY: Robert L. Saldutti, Esquire Identification No. PA-63867 800 N. Kings Highway, Ste 300 BNY Mellon Center Cherry Hill,NJ 08034 1735 Market Street, Suite 3750 (856) 779-0300 Philadelphia, PA 19103 Attorney for Plaintiff Telephone: 610-994-1137 SOVEREIGN BANK IN THE COURT OF COMMON PLEAS NOW KNOWN AS SANTANDER BANK CUMBERLAND COUNT,PA 3 HUNTINGTON QUADRANGLE MELVILLENY11747 DOCKET NO. Plaintiff, V. CIVIL ACTION-LAW HAMMER EXPRESS INC 1722 Forster Street Harrisburg,Pa 17103 AND DARRELL BALLARD 100 Casey Meadows Place Sandston,VA 23150-4028 AND EARL McCLEEREY 804 Kent Drive Mechanicsburg, PA 17050-2281 Defendant(s). AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF PHILADLEPHIA Robert L. Saldutti, Esquire, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff, Sovereign Bank, now known as Santander Bank; that he is authorized to make this Affidavit on its behalf and avers as follows: 1. That the above named Defendant, Earl McCleerey is over the age of 18 years,that the defendant presently resides at 804 Kent Drive, Mechanicsburg, PA 17050-2281 and that his occupation is unknown. Plaintiff further verifies that the defendant, Earl McCleerey is not in the military or naval service of the United States or it allies or otherwise within the provisions of the Service Members' Civil Relief Act of 2003. These statements are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Robert L. SaldE'i,7Esquire Department of Defense Manpower Data Center Results as of:Aug-02-202406:55:07 AM • SCRA 3.0 Sta Pumant to Servi'cemembers Ovil Reif 1c Last Name: MCCLEEREY First Name: EARL Middle Name: Active Duty Status As Of: Aug-02-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Samoa Component NA NA• � ,R _ •N NA 6r h •A ,Status Date This response refleCltie irlli'tia2s'active d'_ 6his'ba"sed on W�Z.4 Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Statuas� y Service C4rnponent NA NA This response reflects ere.tltenndivid��whMn�,3t'da- reaedl- the!",""Ntty Status Date The Member or Hls/Wer Unh Was NOW of a Future Cal-Up to Active Duty on Active Duty Status Date Order Notification Start Data Order Notification End Date a - StatusSeMce component NA \) NAV\ kNot5P NA This response reflects wha► nihasac�WefW 4 port for active duty Upon searching the data banks of the Department of Defense Dai basednforrnation that you provided,the above is the status of the individual on the active duty status date as to all branches of the Urfrfomaed•Sery ces(ATmy,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. A LA J.61 Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Y Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: OCMB13320022LOO SALDUTTI,LLC BY: Robert L. Saldutti, Esquire Identification No. PA-63867 800 N. Kings Highway, Ste 300 BNY Mellon Center Cherry Hill,NJ 08034 1735 Market Street, Suite 3750 (856) 779-0300 Philadelphia, PA 19103 Attorney for Plaintiff Telephone: 610-994-1137 SOVEREIGN BANK IN THE COURT OF COMMON PLEAS NOW KNOWN AS SANTANDER BANK CUMBERLAND COUNT,PA /J 3 HUNTINGTON QUADRANGLE MELVILLENY11747 DOCKET NO. Plaintiff, V. CIVIL ACTION-LAW HAMMER EXPRESS INC 1722 Forster Street Harrisburg,Pa 17103 AND DARRELL BALLARD 100 Casey Meadows Place Sandston,VA 23150-4028 AND EARL McCLEEREY 804 Kent Drive Mechanicsburg,PA 17050-2281 Defendant(s). NOTICE OF ENTRY OF FOREIGN JUDGMENT To: EARL McCLEEREY Pursuant to 42 Pa.C.S.A. §4306 and Pennsylvania Rule of Civil Procedure 236,notice is hereby given that on October j(-P,2014, a Foreign Judgment in the above-captioned matter has been entered against you in the amount of$47,385.21 plus interest at 4.75%per annum from September 20, 2010 until paid,net of any credits,with additional interest,plus costs and attorney's fees. The above-mentioned Foreign Judgment is valid, enforceable and unsatisfied. If you have any questions regarding this notice,please contact Robert L. Saldutti, Esquire, Saldutti, LLC, 800 N. Kings Highway, Suite 300, Cherry Hill,NJ 08034, Telephone No. 856-779-0300. f� . Dated: October / , 2014 Prothonotary r SALDUTTI, LLC BY: Robert L. Saldutti, Esquire Identification No. PA -63867 BNY Mellon Center 1735 Market Street, Suite 3750 Philadelphia, PA 19103 Telephone: 610-994-1137 Attorney for Plaintiff PROTHONO iAii'. c DEC 29 PH 2: .I2 CUMERLAND COUNTY PENNSYLVANIA SOVEREIGN BANK N/K/A SANTANDER BANK Plaintiff, v. HAMMER EXPRESS INC - )72Z �-a-s-%r 54 AND grriS%ur9 PA /77 DARRELL BALLARD - /00 ea -se -9 AND Hart -% n V4 EARL McCLEEREY - go I( Xe//W- D/c-ire. f?ec/ W A,'cs/vr5 04 Defendant(s). AND MEMBERS 1ST FEDERAL CREDIT UNION 1166 Walnut Bottom Road Carlisle, PA 17015 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2014-6126 CIVIL ACTION -LAW $ Place .2315-o /7oS PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County, Pennsylvania: (1) Against Defendant, Earl McCleerey. (2) Against Garnishee, Members 1st Federal Credit Union. And Index this writ (3) Against Defendants, Earl McCleerey. (4) Against Garnishee, Members 1st Federal Credit Union. As a lis pendens against the real property of the defendants in the name of the garnishee. Specifically describe the property per attached: All bank accounts, including checking, savings, monthly club accounts, certificates of deposit and any other accounts not specifically identified, negotiable instruments, and any other monies held in the name(s) of Earl McCleerey, either individually or jointly, or any of them AMOUNT DUE: Judgment Costs: Prothonotary of Cumberland County Sheriff of Cumberland County $47,385.21 $29.00 $150.00 TOTAL: $47,564.21 I certify that (a) This praecipe is based upon a judgment entered by confession, and (b) Notice has been served pursuant to Rule 2958.1 at least thirty days prior to the filing of this praecipe. Dated: December 24, 2014 4.2q.00 P°/ R --/i 33. 6-c• fr .�b2 . P SALDUTTI, L ROBERT L. S ; LDUTTI, ESQUIRE 612. 2S :ue-. Co. .c-D �L C#-/S3c. p .3/V993 lirl -t- of gx 7Sveci 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 Sovereign Bank Vs. NO 14-6126 Civil Term � r CIVIL ACTION — LAW Hammer Express, Inc. - Ir1�,z �o�s r', Ila.friso 9 ? 4 (7/03Vi/ •23 / 5"O Darrel Ballard 100 CaS� nIecGcfows p/dce, 53na1s4on M ?O SO Earl McCleerey ^ gpq 4/ea rtsv , mechani'cx��`J WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against Hammer Express, Inc., Darrel Ballard and Earl McCleerey 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 1s` Federal Credit UnionGARNISHEE(S), as garnishee, Members 1st Federal Credit Union - 1166 Walnut Bottom Road Carlisle, PA 17015 (Specifically describe property) and to notify the garnishee that All bank accounts, including checking, savings, monthly club accounts, certificates of deposit and any other accounts not specifically identified, negotiable instruments, and any other monies held in the names(s) of Earl McCleerey, either individually or jointly, or any of them. (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 $47,385.21 Interest Attorney's Comm. % Attorney Paid $62.50 Date: 12/29/2014 REQUESTING PARTY: Name : Robert L. Saldutti, E sq. Address: BNY Mellon Center 1735 Market Street, Suite 3750 Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 610-994-1137 Supreme Court ID No. 63867 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs 124-4-14a. 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ;i' FtZ i 1 riC(ti 2t1l5PENNSYLVANIA ,�►.� I �+ Phi 1: �;� ='!G ,;F M4 IFF Sovereign Bank vs. Earl W. McCleerey (et al.) Case Number 2014-6126 SHERIFF'S RETURN OF SERVICE 01/12/2015 09:59 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 Esther Baer, Receptionist, 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 13, 2015.to Earl McCleerey at 804 Kent Drive, mechanicsburg, PA 17050-2281. AM CLINE, DEPUTY SO ANSWERS, January 13, 2015 RONf R ANDERSON, SHERIFF (c) CountySuite Sheriff, Te!eosott, inc.