HomeMy WebLinkAbout10-2814J
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
9TH JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
ACC, LLC
P.O. BOX 264
TAYLOR, PA 18517
Plaintiff
VS.
JAMES STANK
509 4TH ST #1
No. 10 -ael4
NEW CUMBERLAND, PA 17070
Defendant
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PRAECIPE FOR ENTRY OF JUDGMENT
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TO THE PROTHONOTARY:
1. Enter judgment on the attached:
() Instrument confessing judgment or authorizing confession by an attorney at law or
other person against the person who executed it.
(X) Certified copy of judgment from a District Justice.
( ) Other (please describe) _
--------------------------------
a. Date of Instrument: March 23, 2010.
b. Amount: $7,413.51.
2. Enter the judgment in favor of the original holder, or (unless expressly forbidden
in the instrument) in favor of the assignee or other transferee;
3. I hereby certify that the residence of the plaintiff is: ACC, LLC; P.O. BOX 264;
TAYLOR, PA 18517
I hereby certify that the residence of the Defendant is: 509 4TH ST #1; NEW
CUMBERLAND, PA 17070.
DATED:
NAME: Robert lyi. Cohed, Esq.
ADDRESS: P.O. ox 264; Taylor, PA 18517
TELEPHONE: 570-207-3383, Ext 235
ATTORNEY ID NO: 44551
AT ORNE FOR AINTIFF
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACC,LLC
P.O.BOX 264 '
TAYLOR,PA 18517 w•
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Plaintiff J.D.No.:10-2814-CV r"'`
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JAMES STANK • E.D. -- :,r"
2 STONE SPRING LANE,APT.#5 • : A
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CAMP HILL,PA 17011 - N
Defendant ••
•
PRAECIPE FOR WRIT OF EXECUTION(LEVY-PERSONAL PROPERTY)
TO THE PROTHONOTARY:
Issue writ of execution on the above matter,directed to the Sheriff of Cumberland County
(1) You are directed to levy upon the property of the Defendant and sell his interest therein,against James Stank,
Defendant;and
(2) You are further directed to levy upon and sell all other real and personal property belonging to the Defendant,
James Stank;
(a) and enter this writ in judgment index against James Stank,Defendant
JUDGMENT:$7,413.51
INTEREST:$1,559.46
PROTHONOTARY:$
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SHERIFF: $
TOTAL: , RES! CTFULLYSUBMITED, 7 : T"1
Dated 7-s T.Mulligan,Jr.,Esq. .r) C37 C r
..Box 264 <c -v c_-.
Taylor,PA 18517 A C3 --
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PAID#51794 =G N —
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`�� In-House Counsel for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
CIVIL ACTION-LAW
•
Plaintiff
ACC, LLC •
P.O. BOX 264 •
-13 cp
TAYLOR, PA 18517 •
•
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: No.: 10-2814-CV c --�;
Defendant d -sa 6
JAMES STANK •
2 STONE SPRING LANE,APT.#5 :
CAMP HILL, PA 17011 '�;
•
WAIVER OF WATCHMAN
Any Deputy Sheriff levying upon or attaching any property under this Writ may
leave same without a watchman, in custody of whomever is found in possession,after notifying
such person of such levy and attachment,without liability on the part of such Deputy or Sheriff
to any Plaintiff herein for any loss, destruction or removal of any such property before Sheriff's
Sale thereof.
Date: 9\3,1 j
tJvw`" � �
m s T. Mulligan,Jr., Esq.
0 Box 264
Taylor, PA 18517
No.: 51794
In-House Counsel for Plaintiff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 10-2814 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ACC,LLC Plaintiff(s)
From JAMES STANK,2 STONE SPRING LANE,APT.#5,CAMP HILL,PA 17011
(1) You are directed to levy upon the property of the defendant(s)and to sell LEVY UPON AND SELL
ALL OTHER REAL AND PERSONAL PROPERTY
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of 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) 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 him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$7,413.51 Plaintiff Paid$
Interest$1,559.46
Attorney's Comm. % Law Library$.50
Attorney Paid$55.75 Due Prothonotary$2.25
Other Costs$
Date: 10/18/13 1,i , _ :4 •
David D. Buell, Prothonotary
Af
Deputy
REQUESTING PARTY:
Name :JAMES T. MULLIGAN,JR.,ESQUIRE
Address: P.O. BOX 264
TAYLOR,PA 18517
Attorney for: PLAINTIFF
Telephone: 866-760-6205
Supreme Court ID No. 51794
`COM ONWEAl TH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No..
09-1-01
MDJ Name. Hon.
CHARLES A. CLEMENT, JR
Add.ess: 400 BRIDGE ST
OLDE TOWNE COMMONS -SUITE 3
NEW CUMBERLAND, PA
Telephone: (7 17 ) 7 7 4 - 5989 17070
ACC LLC
ACC LLC L J
PO BOX 264 y;?),CEIX ra3 Docket No.: CV- 0000068 -10
TAYLOR, PA 18517 Date Filed: 1/26/10
JIAR 2 6 2010
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT LTUDC24ETP PLTF
® Judgment was entered for: (Name)
Judgment was entered against: (Name))
in the amount of $ 7,413. 5
1-1 Defendants are jointly and severally liable.
Damages will be assessed on Date & Timi
This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease $
Amount of Judgment $ 7,240.26
Judgment Costs $_ 173.25
Interest on Judgment $ .00
Attorney Fees $
Total $ 7,413.51
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT Bl FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICTJUDGES, IF THE
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE {HURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERII T JUDGE .
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED 1 Y FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THEtlJ? ? TOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 3 JV1
3/23/10 Date 1, ?,!m ld . ?=
I certify that this is a true a c rrect copy of a record of
4/21/2010 •
My commission expires first Monday of January, 2014
AOPC 315-07
DATE PRINTED: 3/24/10 12:58:00 PM
10-
NOTICE ? rM
OF JUDGMENT,TR,ANSCRIPT
CIVIL CASE
PLAINTIFF: NAME a, c ADDRESS
FACC LLC 7
PO BOX 264
TAYLOR, :PA 18517
L J
VIS.
DEFENDANT: NAME anc ADDRESS
I-STANK, JAMES 7
509 4TH STREET APT/STE 1
NEW CUMBERLAND, PA. 17070
(Date of Judgment) 3/23/10
STANK, JAMES
Magisterial District Judge
pr eedings containing the. judgment.
Magisterial District Judge
SEAL
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IN THE COURT OF COMMON PLEAS OF
Cumberland COUNTY, PENNSYLVANIA
CIVIL DIVISION
ACC, LLC
P.O. Box 264
Taylor, PA 18517
VS.
Plaintiff(s)
JAMES STANK
509 4TH ST #1
NEW CUMBERLAND, PA 17070
Defendant(s)
File No. CV-068-10
NOTICE OF FILING JUDGMENT
(X) Notice is hereby given that a JUDGMENT in the above-captioned matter has been
entered against you in the amount of $7,413.51 on March 23, 2010.
( ) A copy of all documents filed with the Prothonotary/Clerk, Civil Division in support
of the within judgment is/are enclosed. ,r
Prothonotary/Clerk, Ci it Division
By:
Deputy
If you have any questions regarding this Notice, please contact the filing party: ylalb0
Name: ROBERT M. COHEN, ESQ.
ATTY ID#: 44551
Agent for Party: ACC, LLC
Address: PO Box 264, Taylor, PA 18517
Telephone: (570) 207-3383 Ext 235
(This notice is given accordance with Pa.R.C.P. No. 236)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
f
ILL
Sheriff ' - o ,
Jody S Smith
Chief Deputy e
2313 NOV 27 PH 12: 29
Richard W Stewart
CUMBERLAND ,.
Solicitor oPr
PENNSYLVANIA
ACC, LLC Case Number
vs.
2010-2814
James L Stank
SHERIFF'S RETURN OF SERVICE
10/23/2013 07:32 PM- Ronald Hoover, Deputy , being duly sworn according to law, states that on October 23, 2013
at 7:32 PM hours, served the requested Writ of Execution and Claim for Exemption Form by"personally"
handing a true and attested copy to a person representing themselves to be the Defendant, to wit: James
L Stank at 2 Stone Spring Lane,Apartment 5, Camp Hill, PA 17011, informed Defendant of contents of
same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and
letter mailed to defendant on October 24, 2013.
11/19/2013 05:24 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by
posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located
at 2 Stone Spring Lane, Apartment 5, Camp Hill, PA 17011, Cumberland County.
11/26/2013 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned STAYED. Defendant filed for Chapter 7 bankruptcy on 11-23-13; case number 1:13-bk-06028.
SHERIFF COST: $123.45 SO ANSWERS,
November 26, 2013 RONNY ANDERSON, SHERIFF
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 10-2814 Civil
COUNTY OF CUMBERLAND) • CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due ACC,LLC Plaintiff(s)
From JAMES STANK,2 STONE SPRING LANE,APT.#5,CAMP HILL,PA 17011
(1) You are directed to levy upon the property of the defendant(s)and to sell LEVY UPON AND SELL
ALL OTHER REAL AND PERSONAL PROPERTY
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of 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) 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 him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$7,413.51 Plaintiff Paid$
Interest$1,559.46
Attorney's Comm. % Law Library$.50
Attorney Paid$55.75 Due Prothonotary$2.25
Other Costs$
—12.1.tiea
Date: 10/18/13
David D. Buell, Prothonotary
B : — . //_•
Deputy
REQUESTING PARTY:
Name : JAMES T. MULLIGAN,JR.,ESQUIRE
Address: P.O. BOX 264
TAYLOR,PA 18517
Attorney for: PLAINTIFF
Telephone: 866-760-6205
Supreme Court ID No. 51794
Tl 1.�E COPY FROM FECOR J
In T=,ti pony whereof, I here unto set my hand
ar,, ;ta;ci said Cat arlisfe, pa
of Court
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UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF PENNSYLVANIA 2:14 IA —9
C. ill ti
IN RE: r'i J1BELIHJ
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PENN Y!NA VA.
JAMES L. STANK • CHAPTER 7
• •
Debtor
v •
•
CASE NO.: 1:13-bk-06028-RNO
•
•
ACC, LLC
Movant • MOTION TO AVOID JUDICIAL LIEN
ORDER AVOIDING JUDICIAL LIEN
UPON CONSIDERATION OF the Debtors'Motion to avoid,cancel,and release a Judicial
Lien,it is hereby ordered and directed as follows:
1. The Judicial Lien held by ACC,LLC and entered of record in the County of
Cumberland,Pennsylvania,Case No. . iil is hereby avoided,
cancelled,and released.
2. ACC,LLC shall cancel and avoid the judgment entered of record in
Cumberland County against the Debtor.
By the Court,
6.4% U. ( 4jr
Robert N.Opel,II,Bankruptcy Judge
Dated: December 20, 2013
e 0)&4
Potd Q9997
Case 1:13-bk-06028-RNO Doc 12 Filed 12/20/13 Entered 12/20/13 13:06:11 Desc
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