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Home My WebLink About05-5483 r GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No. : 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No. : 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 2019168 cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of ECAST Settlement Corp. as assignee of MBNA vs. NEDRA L CROMER NOTICE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 05-5483 CIVIL PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $7,905.53. IF YOU HAVE P.C. AT 215/988-9600. ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, GORDON & WEINBERG, P.C. BY: Dated: November 29, 2005 FREDERIC . WEI RG, ESQUIRE PAUL M. S LD, JR. ,ESQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No. : 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of ECAST Settlement Corp. as assignee of MBNA COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 05-5483 CIVIL NEDRA L CROMER PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, NEDRA L CROMER, and assesses the damages er statement below. FREDERIC I. WE BERG ESQUIRE PAUL M. SCHOFI ,5R., ESQUIRE Attorney for Plaintiff Principal Interest from March 10, 2005 @O% Total: $7,905.53 $.00 $7,905.53 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten ( days prior to the date of the filing of this praecipe. FREDERIC I. WE SQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this /;):+1-... day of ~FI'P.Y't'\,,~~Jn , 2005 Judgment is entered in favor of the plaintiff~and against defendant, for want of an answer and damages assessed at the sum of , $7,905.53 as por 'ho abovo 00""'0,"00. ~~f4~' Prothonotary _,/- , , GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No. : 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of ECAST Settlement Corp. as assignee of MBNA COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 05-5483 CIVIL NEDRA L CROMER CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; Cavalry Portfolio Services,LLC as assignee of Cavalry Spy I, LLC as assignee of ECAST Settlement Corp. asassignee of MBNA and that the last known address of defendant, NEDRA L CROMER, 177 QUARRY HILL RD, SHIPPENSBURG PA 17257. GORDON & WEINBERG, P.C. ..--:? BY: FREDERIC lWEI RG, ESQUIRE PAUL M. SCHOFIELD, JR. ,ESQUIRE Attorney for Plaintiff , GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No. : 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of ECAST Settlement Corp. as assignee of MBNA COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 05-5483 CIVIL NEDRA L CROMER AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in the above. entitled case; that he is authorized to make this affidavit on behalf of the plaintiff; and that the above-named defendant is over twenty- one years of age, that the address of the defendant is, 177 QUARRY HILL RD, SHIPPENSBURG PA 17257, that the occupation of the defendant is unknown; and that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' civil Relief Act of 1940 and the amendments thereto. Sworn to and Subscribed Before me this -..JU/J Day 0' t::::~~'"' Notary Public COMMONW!"'~ TH 0" "It V HI'" NOTARIAL SEAL ANNETTE GIANFELlCE, Notary Public City of Philadelphia, Phila, County M Commission Ex ires October 26, 2009 FREDERIC I. WE , ESQUIRE PAUL M. SCHOFIELD, JR. ESQUIRE Attorney for Plaintiff 2019168 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, Identification No.: PAUL M. SCHOFIELD, JR., Identification No.: 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ESQUIRE 413 60 ESQUIRE 81894 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of ECAST Settlement Corp. as assignee of MBNA COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 05-5483 CIVIL NEDRA L CROMER NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA NEDRA L CROMER 177 QUARRY HILL RD SHIPPENSBURG PA 17257 DATE OF NOTICE/FECHA DEL AVISO: November 17, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: P10D-2 (J ..(g. ~ ~ -0 r' . ~ C"") b , ~\ '1 , -, (). , - - -0 ~ oJ .' ,-" - 4 r , ~ l>-' . .,'\ ~ -"~ - :t:> .. 6"- --t .-- ,.'... c.) ". ~-------- 2019168 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of ECAST Settlement Corp. as assignee of MBNA 4050 E. Cotton Center Bou Phoenix, AZ 85040 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. os; -~'-IR3 C.l'u~l ~ NEDRA L CROMER 177 QUARRY HILL RD SHIPPENSBURG PA 17257 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY DR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL ACTION 1. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s) the use of plaintiff's credit facilities. 2. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 3. According to the terms and conditions governing the use of the credit card, defendant and plaintiff agreed to submit all disputes to a binding arbitration forum. 4. The plaintiff filed a claim with the National Arbitration Forum that defendant(s) defaulted on payments due. The claim was properly served upon the defendant(s). 5. On about March 10, 2005the National Arbitration Forum conducted a hearing regarding the plaintiff's claims that defendant defaulted on the terms of the card agreement and returned an award in favor of the plaintiff in the amount of about $7,905.53. 6. Plaintiff has made demand upon the defendant(s) for payment of the award in the amount of about $7,905.53but the defendant(s) has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant(s) is/are liable to plaintiff in the amount of $7,905.53 pursuant to the private Arbitration Award, a copy of which is attached hereto as Exhibit "A" WHEREFORE, plaintiff claims of the defendant(s) the sum of $7,905.53. GORDON & WEINBERG, P.C. BY: ~, FREDERIC I. PAUL M. SC Attorney for ERG, ESQUIRE ELD, JR., ESQUIRE Plaintiff POlK VERIFICATION Frederic I. Weinberg, Esquire and Paul M. Schofield, Jr., Esquire, hereby state that they are attorneys for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of their knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. PAUL M. S 0 Exhibit "A" III NATIONAL ARBITRATION FORUM @ Cavalry Investments, LLC c/o Phillips & Cohen Associates, Ltd. 695 Rancocas Road Westampton, NJ 08060 CLAIMANT(s), AWARD RE: Cavalry Investments, LLC v Nedra Cromer File Number: FA0408000315408 Claimant File Number: 4264297168013220A Nedra Cromer 177 Quarry Hill Rd Shippensburg, P A 17257 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: I. That no known conflict of interest exists. 2. That on or before 08/19/2004 the Parties entered into an agreement providing that this matter shall be resolved through binding arbitration in accordance with the Forum Code of Procedure. 3. That the Claimant has filed a Claim with the Forum and served it on the Respondent in accordance with Rule 6. 4. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 5. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 6. That the Arbitrator has reviewed all evidence and information submitted in this case. 7. That the information and evidence submitted supports the issuance of an A ward as stated. Therefore, the Arbitrator ISSUES: An Award in favor of the Claimant, for a total amount of $7,905.53. Entered in the State of Pennsylvania )"oJ D. s;9k-- Arbitrator ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duIY'i'JJ1er.ed.and the Forum hereby certifies that a c~YO~!ri'&.fN:vitrd. was sent by first class mail post~,ge prePaid to 'the, Patties at the above referenced add.' re,Hf' . '\,re~e. ntatives, on :""'1 'II~' ihl 1 t ,~; t:3\~~.~)~?) \.;t:- \, / ....; \'1'/'" /<::>""/ ~ J '~1~~)~~ C;:;;.,..l1 _, j , C^-- Honorable Harold Kalina, Ret. Director Date: 03/1 0/2005 N 0 '60.. 1t fl ~ - .U{ -- --- U't ~ ~ C> ..c:: ~ 8 "l:: ~ F- ~ ~ -:t:- ,-' (~ :'l-t C" ~', i"l'; )',..) ~', 'l" C) -,_. f.,t) r W C) -'-I") G c'-) CASE NO: 2005~05483 P SHERIFF'S RETURN. REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND , CAVALRY PORTFOLIO SERVICES VS CROMER NEDRA L BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CROMER NEDRA L was served upon the DEFENDANT , at 1255:00 HOURS, on the 27th day of October 2005 at 177 QUARRY HILL ROAD SHIPPENSBURG, PA 17257 NEDRA CROMER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 11.52 .00 10.00 .00 39.52 me this Sworn and Subscribed to before 1tf: day of 7~ t?o-vS A.D. (JCu,~JJ < prort?o1f,f:if So Answers: iP~i:~:.:,..,,_~:e' R. Thomas Kline 10/28/2005 GORDO:y ~ WEINB~ ~< ~ Deputy Sheriff ,. - GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No. : 81894 21 SOUTH 21ST STREET, PHILADELPHIA, PA 19103 215/988-9600 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of ECAST Settlement Corp. as assignee of MBNA 4050 E. Cotton Center Bou Phoenix, AZ 85040 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 05-5483 CIVIL NEDRA L CROMER 177 QUARRY HILL RD SHIPPENSBURG PA 17257 and M&T Bank, f/k/a All First Bank 35-39 East King Street Shippensburg PA 17257 GARNISHEE PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against NEDRA L CROMER defendant (s)and (2) against M&T Bank, f/k/a All First Bank garnishee(s) ( 3 ) AMOUNT DUE COSTS Prothonotary fee Sheriff fee $7,905.53 $15.00 $150.00 TOTAL $8,070.53 FREDERIC I. W PAUL M. SCHOFI , JR., Attorney for Plaintiff c ~ ?, 1- ~~ -IQ.. ""'- ~ . ~ ~-:-O~ w- ~ v, .(Q.~ ...... ~Vl . \) f -- lI\ v,O' . . () C '6 Vl 0- ~ ----~ ~ V) () }-> ~\::J ~ '"" ~ ~ ~ , \ \ \ \ t- -U \-' - fi? ~-..c. ... tr ... r ... ... -- ... ... ... L ... ... ,,~~ .. ,. ,.. "'~J:' ~ .... "" ~ ~ - ~ <g cr ~ ('J c<:/<~" \ \:L' ~ \~;- ~ $- ~{1._Y\.> ;~:'-~ , .c',-:;-( J7r:- Z :2 ~ ~.~ -ora ,:00 '~t~{\ ...." ,-...~- -rc 'fY 0 -- (5 IT' <-? .:::-\ rV ~ 0'" :;;..{. WRIT OF EXECUTION and/or ATTACHMENT I .,,", --. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5483 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAVALRY PORTFOLIO SERVICES, LLC AS ASSIGNEE OF CAVALRY Spy I, LLC AS ASSIGNEE OF ECAST SETTLEMENT CORP., AS ASSIGNEE OF MBNA, Plaintiff (s) From NEDRA L. CROMER, 177 QUARRY HILL RD., SHIPPENSBURG, P A 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession ofM&T BANK, F/K/ A ALL FIRST BANK, 35 - 39 EAST KING STREET, SHIPPENSBURG, 17257 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) 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; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $7,905.53 Interest Atty's Comm % Atty Paid $121.52 Plaintiff Paid Date: DECEMBER 4, 2006 LL $.50 Due Prothy $1.00 Other Costs (Seal) ~~ By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 21 SOUTH 21 ST STREET PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-988-9600 Supreme Court ID No. 41360 SHERIFF'S RETURN - GARNISHEE CASE NO: 2005-05483 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CAVALRY PORTFOLIO SERVICES - - - - VS And now RICHARD SMITH ,Sheriff or Deputy Sheriff of - ...... - ....... ...... - - - - CROMER NEDRA L Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:55 Hours, on the 20th day of December, 2006, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT CROMER NEDRA L in the hands, possesslon, or control of the within named Garnishee M & T FKA ALL FIRST BANK 35-39 EAST KING ST SHIPPENSBURG, PA 17257 - - - - .- - ...... ...... ....... -- - - ,- - Cumberland County, Pennsylvania, by handing to DEBBIE FITCH (EMPLOYEE) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge So ~~~ .00 .00 .00 .00 .00 .00 R. Thomas Kline Sheriff of Cumberland County V 9- /. {)~-t'J? 12/20/2006~ By V ~puty Sheriff Sworn and Subscribed to A.D - - - - - ........ - ...... ...... before me this day of - - - ...... '. , .: .._---. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No. : 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of ECAST Settlement Corp. as assignee of MBNA 4050 E. Cotton Center Bou Phoenix, AZ 85040 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 05-5483 CIVIL NEDRA L CROMER 177 QUARRY HILL RD SHIPPENSBURG PA 17257 and M&T Bank, f/k/a All First Bank 35-39 East King Street Shippensburg PA 17257 GARNISHEE An 5 ~rs --ft;; INTERROGATORIES IN ATTACHMENT TO: M&T Bank. f/k/a All First Bank - GARNISHEE 1. You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. ~ 2. At the time you were served or at any subsequent time did you owe the defendant{s) any money or were you liable to him (her, them) on any negotiable or other written instrument, or did he (she, they) claim that you owed him (her, them) any money or were liable to him (her, them) for any reason? n\ A 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 or in which defendant held or claimed '... CJ -; g ~.! ~ c""" \I'" 3~':)~ CO(l)c.a~ ~~ ::P~ -0 t::. ~ (I) -"'I~c.t)""O g(1)Sl-""" ~~C%. <.e. t:"~ 0- ':) to, 0 (0 to to ~ 0- -ne.G) i 0. DATED: any interest? f\ } l+ 4. At the time you were served or at any subsequent time did you hold a fiduciary any property in which the defendant (s) had any interest? n \ ~ 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? f\ \ A 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 his (her, their} direction or otherwise discharge any claim of the defendant (s) against you? () )"(1- 6. 7. How much is the value of any property in your possession belonging to the defendant(s)? "'b j9. ~5 4 J '6:5<6 'ist \ FREDERIC I. PAUL M. SCHO Attorney for nIZ1/~ ~ rY\~ lORR\E WU\~\{~ t'J\& 1 BPJ..K 'JAM 04 2001 ~ . w , c: ~" :.1, (f) -..' CD n oOCll cOm ..,::J_ -.(1)(1) -< fir 0 o~~ _.::J ~ i (Q ij) 000 -....(it fi? 2' "0 ::J o a. UI en ::;: () c s: -Om (l:'!n, 2f"": ~::<~ r-f'" ~~:~';- ',~.::::' {:..~ >c z =<! ~ c::::::> c::::::> -..,t, c... ;:r::.o. :z: , \.0 -0 ::it ~ o \.0 o -n :r!..... m...:...J hi :&9 06 ::;:I..,...; ('5 :J'J t5~ ~ -< CAVALRY PORTFOLIO SERVICES, LLC as assignee ofECAST Settlement Corp. as assignee ofMBNA 4050 E. Cotton Center Phoenix, Az 85040 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NEDRA L. CROMER 177 QUARRY HILL RD. SHIPPENSBURG, P A 17257 : NO. 2005 - 5483 CIVIL TERM V. M&T BANK, f/k/a ALL FIRST BANK 35-39 EAST KING STREET SHIPPENSBURG, P A 17257 ORDER OF COURT AND NOW, this 9TH day of JANUARY, 2007, a hearing on the Claim for Exemption is scheduled for WEDNESDAY. JANUARY 17.2007. at 11:00 a.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pa. ~th;~O:rt, ') (,',.~' "~ Edward E. Guido, J. A~:1l M. Schofield, Jr., Esquire ~ra L. Cromer 177 Quarry Hill Road Shippensburg, Pa. 17257 ~ M&T Bank Sheriff 'llf'j\~?\1/:.,/3~\H~ 3d i LN~ ,..,,>,,' '-'~'"'n''''' f'. i:~~...,^;.".; "':'"',':J~.t~....J L I : II ~1V 0 1 N~r LGOl )' "-/1('" .." "r,\, I I ""'I..{. :;1() H\I ii\", "",( ,>oj,", _Jl 1. _\..1'1:......"..",. 'j -f, ....--''..1..4 ..J- 3~)LJ~()"'0311:1 ..------------ - .. ,,\.)? of (t[.umbprl ~~~ ~ " /lltf) & (~' ~~ ~ " ~, &-- (1;;\' \ ,..,I',:;'*r:"v'Y "''''ff: .,".':....._.. 7 JAM 0 i tOOL R. THOMAS KLINE Sheriff RONNY R. ANDERSON Chief Deputy EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF JODY S. SMITH Real Estate Sergeant One Courthouse Square Carlisle, Pennsylvania 17013 01/05/07 Cumberland County Court Administration Attn: Taryn Dixon 1 Courthouse Square Carlisle, P A 17013 Enclosed please find a Claim for Exemption, pertaining to Civil Case Number 2005-5483 Civil, filed by Nedra L. Cromer, which was received in the Cumberland County Sheriffs Office on January 5, 2007, please forward a copy ofthe Notice of Hearing to my attention in the Sheriffs office, however it is the Court's responsibility to notify all parties involved. Thank You for your consideration to this matter. Claudia A. Brewbaker cLL~ Staff Assistant GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No. : 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Cavalry Portfolio Services, LLC as assignee of Cavalry SPV I, LLC as assignee of ECAST Settlement Corp. as assignee of MBNA 4050 E. Cotton Center Bou Phoenix, AZ 85040 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 05-5483 CIVIL NEDRA L CROMER 177 QUARRY HILL RD SHIPPENSBURG PA 17257 and M&T Bank, f/k/a All First Bank 35-39 East King Street Shippensburg PA 17257 GARNISHEE CLAIM FOR EXEMPTION TO THE SHERIFF: I, the above named defendant, claim exemption of property from levy or attachment: (1) From my personal property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be ( ] (i) set aside in kind (specify property to be set aside in kind) : Cft Fe K /J.lt; Acfl1!)L1if"l' [ ] (ii) paid in cash following the sale of the property levied uponi or . " ~ (b) I claim the following exemption (specify property and basis of exemption) : (2) From my property which is in the possession of a third party, I claim the following exemptions: (a) My $300.00 statutory exemption: in kind (specify property) in cash; (b) Social Security benefits on deposit in the amount of $ 1r~,O?J (c) Other (specify amount and basis of exemption): I request a prompt Court hearing to determine the exemption. Notice of the hearing should be given to me at: address and telephone) ( include I verify that the statements made in this Claim for Exemption are true and correct. I Understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: //5' / Jot; 7 , I Defendant: Y1~ ~. ~ THIS CLAIM TO BE FILED WITH: Sheriff of Cumberland County One Courthouse Square Carlisle, PA 17013 717/240-6390 Note: Under paragraphs (1) and (2) of the writ, a description of specific property to be levied upon or attached may be set forth in the writ or included in a separate direction to the sheriff. Under paragraph (2) of the writ, if attachment of a named garnishee is desired, his name should be set forth in the space provided. Under paragraph (3) of the writ, the sheriff may, as under prior practice, add as a garnishee any person not named in this writ who may be found in possession of property of the defendant. See Rule 3111(a). For limitations on the power to . . << attach tangible personal property, see Rule 3108(a). (b) Each court shall by local rule designate the officer, organization or person to be named in the notice. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 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 CAVALRY PORTFOLIO SERVICES, LLC, as assignee of ECAST Settlement Corp. as assignee of MBNA 4050 E. Cotton Center Phoenix, AZ 85040 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NEDRA L. CROMER 177 Quarry Hill Road Shippensburg, PA 17257 NO. 2005-5483 CIVIL TERM v. M&T BANK, f/k/a ALL FIRST BANK 35-39 East King Street Shippensburg, PA 17257 IN RE: CLAIM FOR EXEMPTION ORDER OF COURT AND NOW, this 17th day of January, 2007, after hearing, the claim for exemption with regard to M&T Account No. 1358871 is granted. We are satisfied that all sums in that account are proceeds from her Social Security benefits. Edward E. Guido, J. srs ~ '\~ ~\ C) ~dra L. Cromer ~avalry Portfolio Services, M&T Bank ~oge~ B. Irwin, Esquire Sherlff - lvU\J-dJli~_J . ~ ),lI\jr(~(~' r",~ >~. ., ; :.:f;jV\~nJ ~ 2 : 1/ HV B I NVr LOOl AWW'(!r",n,!j!lHd ::iHl :10 uV..l"",,! "_. j...~V-"" -J :J8L-!:10-G3ll:1 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 18.00 1.93 Advance Costs: Sheriff's Costs: $ 150.00 98.03 51.97 .50 1.00 17.60 30.00 20.00 Refunded to Atty on 01/23 7 9.00 98.03 /, D1 \' ~0f)y1J R. Thomas Kline, Sheriff ~\ 'a I, <L.- . Y lauat{ A. Brewbaker ("- '. :) ~\ c-, ~ ~L\ '(~~ t:==='" l}db:: III n....- e:;:.:::-' '.(9) ..... ~"7.- ,. I '. I " C-' ' " L \J -t. J '::J g:J[;Z ,'tit, iL_._ ..1' e'e ~~:; ~~:;' '''' 'i ~f}!C' $1. 0 ''1 q t\ 1) tt t'{- e-10 .,j\" I ~I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5483 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAVALRY PORTFOLIO SERVICES, LLC AS ASSIGNEE OF CAVALRY SPY I, LLC AS ASSIGNEE OF ECAST SETTLEMENT CORP., AS ASSIGNEE OF MBNA, Plaintiff (s) From NEDRA L. CROMER, 177 QUARRY HILL RD., SHIPPENSBURG, P A 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant( s) not levied upon in the possession ofM&T BANK, F/KJA ALL FIRST BANK, 35 - 39 EAST KING STREET, SHIPPENSBURG, 17257 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) 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; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $7,905.53 Interest LL $.50 Atty's Comm % Arty Paid $121.52 Plaintiff Paid Date: DECEMBER 4, 2006 Due Pro thy $1.00 Other Costs Cu (Seal) Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C. 21 SOUTH 21 ST STREET PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-988-9600 Supreme Court ID No. 41360