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HomeMy WebLinkAbout10-6583SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ,~~~~titr ot4"u~r~berf~~~G '' ~ •~3, i t'. ~F~~tvE~~F 7kE :`!ERIFF ~~~' 21~,'Q Q~T 26 AFf g; ,~ ~ f~ ~v ~ 1-t Ford Motor Credit Company Case Number vs. Robert Mellinger (et al.) 2010-6583 SHERIFF'S RETURN OF SERVICE 10/21/2010 10:45 AM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2010 at 1045 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Robert Mellinger, by making known unto Mettae Millinger, Daughter of defendant at 79 E. Main Street, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. ROBERT BITNER, DEPUTY 10/21/2010 10:45 AM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2010 at 1045 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Stephanie Mellinger, by making known unto Mettae Millinger, Daughter of defendant at 79 E. Main Street, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. ROBE T BITNER, DEPUTY SHERIFF COST: $54.80 SO ANSWERS, October 22, 2010 RON R ANDERSON, SHERIFF (c? CountySuite Shenff. Telecsoft. Inc. It MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7151 Attorneys for Plaintiff FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. ROBERT MELLINGER AND STEPHANIE MELLINGER Defendant(s) CUMBERLAND COUNTY COURPOH?.- COMMON PLEAS -,am ? z m rn CASE NO. 2010-6583 vz, v c r o x o p. C= .. PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION AND CONSENT TO THE PROTHONOTARY: Pursuant to the attached Workout Agreement for Payment and Consent to the Entry of Judgment, kindly enter Judgment in favor of Plaintiff, and against Defendants, ROBERT MELLINGER and STEPHANIE MELLINGER in the amount as follows: Current Principal Amount Date: November 9, 2010 TOTAL MAURICE & BY: NEEDLEMAN, ESQ. v for Plaintiff $ 8152.71 $ 8152.71 EEDLEMAN, P.C. Q x mr o° --i o =r--n z? A TV a' c ox'?p ? •?e? MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7151 Attorneys for Plaintiff FORD MOTOR CREDIT COMPANY, A I CUMBERLAND COUNTY COURT OF DELAWARE LIMITED LIABILITY COMPANY Plaintiff COMMON PLEAS CASE NO. 2010-6583 V. ROBERT MELLINGER AND STEPHANIE MELLINGER Defendant(s) AFFIDAVIT OF CONSENT TO JUDGMENT STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. JOANN NEEDLEMAN, ESQUIRE, being duly sworn according to law, deposes and says that Defendants, ROBERT MELLINGER & STEPHANIE MELLINGER have entered into a Workout Agreement for Payment and Consents to the Entry of Judgment, a copy of which is attached hereto. MAURICE & N DLEMAN, P.C. BY: JOAjK NEEDLEMAN, ESQ. Attorney for Plaintiff ORN TO AND SUBSCRIBED fore me thig*day N?rcM 204. otaryu i COMMONWEALTH OF PENNSYLVANIA NOTARW. SEAL Tausha P. Major, Natwy Public City of Philadelphia. Ptulatdalphis county My CommisaWn Ex ' Jurw 2 1 Member. PermAKx a AHO WOW of NOIO N MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7151 SS. FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. ROBERT MELLINGER AND STEPHANIE MELLINGER Defendant(s) Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 2010-6583 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA JOANN NEEDLEMAN, ESQUIRE, being duly sworn according to law, deposes and says that she represents the Plaintiff in the above entitled case and that Defendants, ROBERT MELLINGER and STEPHANIE MELLINGER are over 18 years of age; the occupation of Defendant is unknown and to the best of Plaintiffs knowledge, information and belief, Defendant is not in the military service of the United States, nor any State of Territory thereof or its Allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. MAURICE & WORN TO AN.A SUBSCRIBED fo a me this ay l f Vtr 2040 otary Public BY: JOANN Attorney , P.C. LEMAN, ESQ. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL --- Tausha P. Major. Notary Public City of PhiladeW", Philadeow County wires My CornmWsion t momw Penn WoantAnocla d Nokpin MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (l 15) /2Sy= / 151 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. ROBERT MELLINGER AND STEPHANIE MELLINGER Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 2010-6583 CERTIFICATION OF ADDRESSES It is hereby certified that the parties have the following addresses: Plaintiff: FORD MOTOR CREDIT COMPANY P.O. BOX 6058 MESA, AZ. 85216 Defendant: ROBERT MELLINGER 79 E MAIN ST NEWVILLE, PA 17241 Defendant: STEPHANIE MELLINGER 79EMAIN ST NEWVILLE, PA 17241 MAURICE & BY: JOANN Attorney , P.C. EDLEMAN, ESQ. Plaintiff Date : November 9, 2010 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff ?21J) /tsy- /IJJ FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. ROBERT MELLINGER AND STEPHANIE MELLINGER s CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. WORKOUT AGREEMENT FOR PAYMENT AND CONSENT TO THE ENTRY OF JUDGMENT THIS AGREEMENT is made between FORD MOTOR CREDIT COMPANY, a Delaware limited liability company c/o Maurice & Needleman, P.C. 1617 John F. Kennedy Boulevard, Suite 935, Philadelphia, Pennsylvania 19103, hereinafter called the "Plaintiff' and ROBERT MELLINGER and STEPHANIE MELLINGER of 79 E MAIN ST, NEWVILLE, PA 17241, hereinafter collectively called the "Defendant" WHEREFORE: The Defendant acknowledges having executed to the Plaintiff a Retail Installment Contract ("Note") under the terms of which Defendant promised to make certain payments of principal and interest to the Plaintiff according to a schedule more specifically set forth in the terms of the Note. 2. The Defendant acknowledges having failed to pay interest and principal as required by the terms of the Note and is in default of the Note. 3. The Defendant acknowledges that there is immediately due and owing from him to the Plaintiff under the Note $9678.11, consisting of principal, interest, and attorney's fees (hereinafter the "Amount Due") and the Defendant acknowledges having no set-off, credit, or claim against the Amount Due. 4. The Defendant desires to satisfy the Amount Due and therefore makes the above representations to induce the Plaintiff to enter into the within agreement for the payment of the Amount Due. 5. NOW THEREFORE: For good and valuable consideration described below, the parties agree as follows: a. Plaintiff may enter judgment against Defendant for the amount due and the Defendant consents to the entry thereof. b. The Defendant shall make payments of $200.00 a MONTH due 03/30/2009 and on the same day of each month thereafter until it is paid in full. C. Interest shall continue to accrue at the rate of 6% d. All other terms of the Note, unless otherwise set forth herein will remain unchanged. e. All payments under this Agreement will be made by check payable to "Maurice & Needleman, P.C. FMC Attorney Trust Account" at 1617 John F. Kennedy Boulevard, Suite 935, Philadelphia, Pennsylvania 19103. Please reference the file number 10028 on all payments. 2 6. During the term of this Agreement, the Plaintiff will forebear from enforcing its judgment for the collection of the Amount Due provided the Defendant is not in default of any of the terms or conditions of this Agreement and makes all payments timely. 7. The Defendant will deliver to the Plaintiff: with a signed copy of this Agreement, answers to the "Questionnaire" simultaneously supplied to the Defendant with this Agreement. 8. EVENTS OF DEFAULT. The following shall constitute an Event of Default under this Agreement: a. The Defendant fails to pay, when due and payable, any scheduled payment as set forth in paragraph 5 b. above, and such scheduled payment remains unpaid for more than ten (10) days b. The Defendant fails to return the Questionnaire. 9. PLAINTIFF'S REMEDIES UPON DEFENDANTS' DEFAULT. In the event Defendant fails to cure any default of as described above, Plaintiff will be permitted to commence execution proceedings forthwith. 10. This Agreement does not alter, amend or modify the Defendant's obligations to the Plaintiff under the above Note, unless otherwise set forth herein. This Agreement does not alter, amend or modify the Defendant's obligations to the Plaintiff under any other document which is not named herein. 11. The Defendant acknowledges that as of the date of this Agreement he has no claim, whether known or unknown, against the Plaintiff AND HEREBY WAIVES AND GIVES UP ANY AND ALL CLAIMS HE MAY HAVE AGAINST THE PLAINTIFF AS OF THE DATE OF THIS 3 AGREEMENT, WHETHER KNOWN OR UNKNOWN. 12. THE UNDERSIGNEDACKNOWLEDGES HAVING READ THIS AGREEMENT, UNDERSTANDS IT, AGREES TO ITS TERMS AND HAS RECEIVED A COPY OF IT, WITH UT CHARGE. 6 4 Dated: ????? ROBE T ELLIN Defen UM an Dated: ? 7-7 -ZCC9 j STEPH MELLINGER Defendan By: Dated: 7 / l 2-? C arlene Taylor, Esq. Attorney for Ford Motor Credit Company 4 Department of Defense Manpower Data Center FEB-02-2009 09:11:42 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Last Name First/Middle Begin Date Active Duty Status Service/Agency MELLINGER ROBERT Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. OWY, fit. A?M_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly 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 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 is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.htmi WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:RARBETTXZT Department of Defense Manpower Data Center FEB-02-2009 09:13:25 49 Military Status Report Pursuant to the Servicemembers Civil Relief Act Last Name FirstA fiddle Begin Date Active Duty Status Service/Agency MELLINGER STEPHANIE Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. )6V4. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly 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 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 is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.htmi WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:QOXKHWDFOF