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HomeMy WebLinkAbout10-2814J ? J 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 J 17' 17 :;- PRAECIPE FOR ENTRY OF JUDGMENT y?. ? c ?fel? N 0 cr -Lr N -o 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 V rn? t ^e 7? 'm .04 *aq. a,5 Pa PLFF P,* a4 i aa9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACC,LLC P.O.BOX 264 ' TAYLOR,PA 18517 w• Pi • r Plaintiff J.D.No.:10-2814-CV r"'` i . .> N r Vs. .E C * C7 JAMES STANK • E.D. -- :,r" 2 STONE SPRING LANE,APT.#5 • : A � 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:$1,559.46 PROTHONOTARY:$ r 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 -- dil PAID#51794 =G N — A /lJfl� �l. c-� e l /y `�� In-House Counsel for Plaintiff ^• 077/4915 t 41/;' S S.:1 '"-S ° t1( a.asN'b. 14'. Sots. e r.4`.0Q1(5 336Scvysa 12_741 aq-10k, Vr L-, & zd 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 • • r° �-- : 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 151q;1Aq/3 V 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 a2. aS d Co. so U ,o 94‘o>D D_q c 4i,'j Gu^lVSu'.;v;�fl f'fi:'i.O SCf• 15;. 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 ,oy 4?1)/Cf ‘)- C106' % 1 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA 2:14 IA —9 C. ill ti IN RE: r'i J1BELIHJ ; I r 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 Main Document Page 1 of 1