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HomeMy WebLinkAbout10-5866C;v;( COMMONWEALTH OF PENNSYLVANIA 1a.? NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CUMBERLAND CIVIL CASE Mag. Dist. No. 09-1-01 MDJ Name: M)n. CHARLES A. CLKKKW, Address: 400 BRIDGE ST OLDS TOWNE COMMONS NEW CUMBERLAND, PA Telephone: 717 ) 774 - 5989 JR -SUITE 3 17070 ATTORNEY FOR PLAINTIFF : JAMES T. MULLIGAN JR PO BOX 264 TAYLOR, PA 18517 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT ?MD13MENT PLTF ® Judgment was entered for: (Name) _ ACC LLC 0 Judgment was entered against: (Name) QUOC, PHAN T in the amount of $ 8,148.2 ? Defendants are jointly and severally liable. Damages will be assessed on Date & Time F This case dismissed withow prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F] Portion of Judgment for physical damages arising out of residential lease S Amount of Judgment $ 8,000.00 Judgment Costs $_ 48.25 Interest on Judgment $ -tea Attorney Fees $ Total $ 8,148.25 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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 THE 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. R 9 2010 Date I certify that this is a true 6/1/2010 Date N 'As 11 My commission expires first Monday of January, 2014 tAAR 2 5 2010 Magisterial District Judge containing the judgment. , Magisterial District Judge AOPC 315-07 DATE PRINTED: 3/19/10 11:33:00 AM PLAINTIFF: NAME and ADDRESS FACC LLC PO BOX 264 TAYLOR, PA 18517 L J VS. DEFENDANT: NAME and ADDRESS FQUOC, PHAN T 120 WESLEY DRIVE MECHANICSBURG, PA 17055 L J Docket No.: CV- 0000098 -10 Date Filed: 2/18/10 - (Date of Judgment)_ ._ 3/18./10 SEAL O? FIL" - OFFICE OF `ME purOD307AILY 10 Sep i3 PM It a(o as Lxb. (A. PA U-I•O.5 Po PLW e? l48Q3 ?* a e4-7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACC, LLC P.O. Box 264 Taylor, PA 18517 Plaintiff(s) VS. File No. CIVIL ACTION PHAN QUOC AKA QUOC T. PHAN 120 WESLEY DR MECHANICSBURG, PA 17055 Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE I, Robert M. Cohen, Esq., Attorney for Plaintiff, state that to the best of my knowledge, information and belief, that the Defendant., PHAN QUOC AKA QUOC T. PHAN is not in the military service as defined in the Soldiers' & Sailors' Relief Act of 1940 and its amendments thereto. Plaintiff further says that the obligation sought to be enforced in this suit is not an obligation against a surety, guarantor, endorser, or other person liable, primarily or secondarily for a party in the military service. Dated RESPECTFULLY SUBMITTED, ??L ROE T M. COHEN, ES ATTY ID#: 44551 In House Attorney for Plaintiff PO Box 264; Taylor, PA 18517 (570) 207-3383 Ext 235 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Proth "Clerk, ivil Division By: Deputy ACC, LLC P.O. Box 264 Taylor, PA 18517 Plaintiff(s) VS. PHAN QUOC AKA QUOC T. PHAN 120 WESLEY DR MECHANICSBURG, PA 17055 Defendant(s) File No. 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 $8,148.25 on March 18, 2010. (X) A copy of all documents filed with the Prothonotary/Clerk, Civil Division in support of the within judgment is/are enclosed. If you have any questions regarding this Notice, please contact the filing party: Name: ROBERT M. COHEN, ESQ. ATTY ID#: 44551 In House Attorney 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 Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~qt\yticr al 4it,r,~prrx~~ 2Qd~ fl~ -4 ~~~ 9~ ~~? i;f.1~''3r~~ ~Ls~'a CJi~~~T's ~~~sm.? t ACC, LLC vs. Phan Quoc Case Number 2010-5866 SHERIFF'S RETURN OF SERVICE 09/30/2010 10:55 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2010 at 1040 hours, attached as herein commanded alt goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Phan Quoc, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Jody Burkholder, Legal Department 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 Pham Quoc, 120 Wesley Drive, Mechanicsburg, PA 17055 on October 1, 2010. SO ANSWERS, "`--~ October 01, 2010 RON R ANDERSON, SHERIFF f i am C ine, Deputy (c) CounfySuite Sher,tf. 7eleosott. b~c. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACC, LLC P.O. BOX 2064 TAYLOR, PA 18517 Plaintiff vs. PHAN QUOC 120 WESLEY DRIVE MECHANICSBURG, PA 17055 Defendant and MEMBERS FIRST CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 Garnishee TO THE PROTHONOTARY: J.D. No.10-5866-CV E.D. PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution on the above matter, directed to the Sheriff of Cumberland County ~~ ~.,, "~ -~ " ~.. c.~ _...g ,1 ~'d ,...n r. _,., `Tt ,r= :~- ~ ~~ ~ ~~ ._ ,,,. ~ s%'° - ~;~ ~ ~ .-~ C°.7 ~ (1) against Quoc Phan, Defendant; and (2) against Members First Credit Union, garnishee; and (3) and enter this writ in judgment index (a) against Quoc Phan, Defendant, and (b) against Members First Credit Union, as garnishee, as a lis pendens against real property of the defendant in the name of garnishee as follows: O n/a S JUDGMENT: $8,148.25 INTEREST: $253.26 PROTHONOTARY: $ SHERIFF: $ TOT L~ ~~ Da d RESPECTFULLY SUBMITED, Robert M. Cohen, Esq. P.O. Box 264 Taylor, PA 18517 PA ID # 44551 (866) 760-6205 ext. 235 Attorney for Plaintiff ~a~..oo Pa ATr1 d7. a5 C~ a,~ „ # 53.75 -Po nrN -~a.oo ~neCo • 5o c.(.. Iasi 3~ ~~' ayss~9 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5866 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ACC, LLC, Plaintiff (s) From PHAN QUOC, 120 Wesley Drive, Mechanicsburg, PA 17055 (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 of GARNISHEE(S) as follows: MEMBERS 1sT FCU, 5000 Louise Drive, Mechanicsburg, PA 17055 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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $8,148.25 Interest -- $253.26 Atty's Comm °lo Atty Paid $53.75 Plaintiff Paid Date: 9/28/10 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs David D. ell, Pr honotary By: Deputy REQUESTING PARTY: Name ROBERT M. COHEN, ESQUIRE Address: PO BOX 264 TAYLOR, PA 18517 Attorney for: PLAINTIFF Telephone: 866-760-6205 ext. 235 Supreme Court ID No. 44551 I . % RECEIVED SEP 3 02010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACC, LLC P.O. BOX 264 TAYLOR, PA 18517 Plaintiff J.D. No. 10-5866-CV VS. PHAN QUOC E.D. yJ ?` 120 WESLEY DRIV E MECHANICSBURG, PA 17055 Defendant ;-a and -? - MEMBERS FIRST CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 Garnishee AwWou -To PLAINTIFF'S INTERROGATORIES TO GARNISHEE TO MEMBERS FIRST CREDIT UNION (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 any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? No 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? NO 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 any interest? rv 0 . % 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? No 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent, and, if so, what was the consideration therefore? tN 0 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? NO 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant 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, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. NO If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant 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 monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. DATE: 09-24-10 XX1 N3 CAeuc.? nq $ 1,589.54 30D -co G-xe w0i0Y\ v.?oks ncrl Talon o . des Robert M. Cohen Esquire P.O. Box 264 Taylor, PA 18517 PA ID # 44551 (866) 760-6205 ext. 235 Attorney for Plaintiff VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Jody L. Burkholder (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. 4?1? C 4? a?4.'NATURE) r~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PLAINTIFF ACC, LLC vs. DEFENDANT PHAN T. QUOC and GARNISHEE MEMBERS FIRST CREDIT UNION . NO.: ~ni n ry G9n7 ~ ~`„-- a --~ -~ 3 (0 - ~o(o ~ 0 --t ~?~ ~ ~ ~, ~ .~ ...~ r- r- cn ~ .- i _' rn u ca ~ , - o . A ~ ~ a-,~ y~ ca ~f --a -- b ~ o ~ -< PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against Garnishee, Members First Credit Union, Garnishee only, discontinued, upon payment of your costs only, and give notice to all parties pursuant to Pa. R.C.P. 23 . Date: ~ ORDER ALL c~ Robert M. Cohen, Esq. In-House Counsel for Plaintiff P.O. Box 264 Taylor, PA 18517 (S66) 760-6205 ext. 235 Now, this ~ st day of ~(p~_, 2010, the attachment against Members First Credit Union, Garnishee only, is discontinued. Notice is given to all parties pursuant to PA. R.C.P. 236. ~8. oc> PA P1.~F e~ a~s8 ~.~a5'0555 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PLAINTIFF ACC, LLC P.O. BOX 264 TAYLOR, PA 18517 vs. DEFENDANT PHAN QUOC 120 WESLEY DRIVE MECHANICSBURG, PA l 7055 CIVIL ACTION NO.: Z9~8-C--~-3~9~7 10 - °58(0(0 PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: r, ~ ~, ~ p ca ~ .,~ ~ ~ ~, ~ ~ ~~ r*°t -~ ~ ~ ~:. r'- -cz r- cn~ ~ rtt ~~~ ~ ~ -c c~ -t, --~¢ o ~=-~, ~o ~~ ~ ~~ D~ ~ ~~ .~- ~; _ c~ ~, PLEASE SATISFY THE HEREIN JUDGMENT AGAINST DEFENDANT FOR $8,148.25, PLUS INTEREST AS PAID IN FULL. PLEASE SEND NOTICE TO ALL PARTIES P RSU NT TO PA R.C.P. 236. Date: `~ Robert M. Cohen P.O. Box 264 Taylor, PA 18517 (57Q) 207-3383 ext. 235 PA ID # 44551 In House Counsel for Plaintiff SATISFACTION OF JUDGMENT NOW, THIS ts~ DAY OF __~~, 2010, THE JUDGMENT HEREIN, IN THE AMOUNT OF $8,148.25, PLUS INTEREST AGAINST DEFENDANT IS MARKED AS PAID IN FULL. NOTICE GIVEN TO ALL PARTIES PURSUANT TO Pa. R.C.P. 236. DATE: I~ ~ p PROTHONOTARY DEPUT SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE Jody S Smith OF THE PROTHONOTARY Chief Deputy 2011 APR 15 PM 1: 11 Richard W Stewart Solicitor SFr E ` ? ? CUMBERLAND COUNTY PENNSYLVANIA ACC, LLC Case Number vs. Phan Quoc 2010-5866 SHERIFF'S RETURN OF SERVICE 09/30/2010 10:55 AM William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2010 at 1040 hours, attached as herein commanded all goods, chattels, rights, debts, credits, a monies of the within named defendant, to wit: Phan Quoc, in the hands, possession, or control of he within named garnishee, Members 1st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Jody Burkholder, Legal Departme t 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 o execution and notice to defendant was mailed on Pham Quoc, 120 Wesley Drive, Mechanicsburg, PA 17055 on October 1, 2010. 04/14/2011 Ronny R. nderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $91.E April 14, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF B S on R. Lantz rel . & a 'Pel ion Coumysuite sr"T-ff. Te;eosofit_ inr,.