The URL can be used to link to this page

Home My WebLink About11-4497 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACC, LLC P.O. Box 264 Taylor, PA 18517 J I- W 17 N hill i o. Plaintiff(s) File vs. NOTICE OF FILING JUDGMENT r? C= GERALD ELTRINGHAM 32 W. SIMPSON STREET zrn 3?O MECHANICSBURG, PA 17055-6324 Defendant(s) w PRAECIPE FOR ENTRY OF JUDGMENT Z C> :;:;c: 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 24, 2011. b. Amount: $8,773.26. 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: 32 W. SIMPSON STREET, , MECHANICSBURG, PA 17055-6324. 4. Please give notice to the parties pursuant to Pa.R.C.P. 236. r; A ORNEY FOR PLAINTIFF NAME: James T. Mulligan, Jr, Esq. ATTORNEY ID NO: 51794 ADDRESS: P.O. Box 264; Taylor, PA 18517 TELEPHONE: 570-207-3383, Ext. 235 ? /13 lao(l DATE: CD "or" =C. aQ CDC ) -ate COMMONWEALTH Ot*SYLVANIA COUNTY OF CUMBE TMAND Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 American Credit & Collections, LLC P O Box 264 Taylor, PA 18517 Notice of Judgment/Transcript Civil Case American Credit & Collections, LLC Gerald Docket No: Case Filed: gay Os 2Q11 V. Eltringham --4 MM r '_C MJ-093/-0(Sg60 2,E?o 1 1 /26/20 * C) -4 r13 > ??aa zo?1 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09305-CV-0000023-2011 American Credit & Collections, Gerald Eltringham Default Judgment for Plaintiff 03/24/2011 LLC Judgment Summary Joint/Several Liability Individual Liability Amount Participant Gerald Eltringham $0.00 $8,773.26 $8,773.26 Judgment Detail ('Post Judgment) In the matter of American Credit & Collections, LLC vs. Gerald Eltringham on 3/24/2011 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $8,620.26 $8,620.26 Filing Fees $0.00 $153.00 $153.00 Grand Total: $8,773.26 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 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 UE_COURT QE_COMMO.N. P_L,EAS..ANYQUtEJNTMSTED.IN THE.Jt,100MENT MAY._F LE,.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. ru Date Magisterial District Judge Mark Martin I certify that this is a true and correct copy of the re ford o the proceedings contai dgme S-A-/i/ 77, ? Date Magi' al is ' udge Ma MDJS 315 (b 5 YD- Page 1 of 1 Printed: 03/24/2011 4:30:13PM COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Ci Magisterial District Numb MDJ Name: Hon Address: Telephone (717) 766-4575 U Mark W. Martin Barclay Building 507 North York Street Mechanicsburg, PA 17055 AMOUNT DATE PAID FILING COSTS $ t 1, Ir u / 1 t POSTAGE $ 17-, t / ZS? / I I SERVICE COSTS $ CONSTABLE ED. $ TOTAL $ 153.00 1 - Z ?P CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS F- AMERICAN CREDIT & COLLECTIONS, LLC P.O. BOX 264 TAYLOR, PA 18517 VS. DEFENDANT: NAME and ADDRESS GERALD ELTRINGHAM 32 W. SIMPSON ST. MECHANICSBURG, PA 17055 - Docket No.: CU-Z3-1 Date Filed: 1") Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $8,620.26 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): - GERALD ELTRINGHAM is indebted to AMERICAN CREDIT & COLLECTIONS, LLC, on a CHASE credit card bearing account number XXXXXXXXXXXX0931 in the amount of $ 8,620.26 to date. This outstanding debt was purchased by AMERICAN CREDIT & COLLECTIONS, LLC, on May 28, 2010 and last payment was made on August 1, 2008. I, Rebecca Rae Hoover - Agent for American Credit & Collections LLC verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. Plaintiffs Attorney: 18517 Telephone: Robert M. Cohen oc 4v"? (Signature of Plaintiff or Authorized Agent) Address: P.O. Box 264; Taylor, PA IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. JAN 2 6 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACC, LLC P.O. Box 264 . Taylor, PA 18517 Plaintiff(s) File No. VS. NOTICE OF FILING JUDGMENT GERALD ELTRINGHAM 32 W. SIMPSON STREET MECHANICSBURG, PA 17055-6324 Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE I, James T. Mulligan, Jr., Esq., Attorney for Plaintiff, state that to the best of my knowledge, information and belief, that the Defendant., GERALD ELTRINGHAM 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. RESPECTFULLY SUBMITTED, 5 1.3661 Dated JAPES T. MULLIGAN, JR., ESQ. ATTY ID#: 51794 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 ACC, LLC P.O. Box 264 Taylor, PA 18517 Plaintiff(s) File No. VS. NOTICE OF FILING JUDGMENT GERALD ELTRINGHAM 32 W. SIMPSON STREET MECHANICSBURG, PA 17055-6324 Defendant(s) (X) Notice is hereby given that a JUDGMENT in the above-captioned matter has been entered against you in the amount of $8,773.26 on March 24, 2011. (X) A copy of all documents filed with the Prothonotary/Clerk, Civil Division in support of the within judgment is/are enclosed. %i' Prothonotary/Clerk, Division By: Deputy If you have any questions regarding this Notice, please contact the filing party: Name: JAMES T. MULLIAN, JR., ESQ. ATTY ID#: 51749 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) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4497 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN CREDIT & COLLECTIONS, LLC Plaintiff (s) From GERALD ELTRINGHAM, 32 W. Simpson Street, 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: PNC BANK, MAIN STREET & MARKET STREET, 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 he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,773.26 Interest Atty's Comm % Atty Paid $54.25 Other Costs Plaintiff Paid Date: 7/18/11 Seat REQUESTING PARTY: Name ROBERT M. MORRIS., ESQUIRE Address: P.O. BOX 264 TAYLOR, PA 18517 Attorney for: PLAINTIFF Telephone: 866-760-6205 Supreme Court ID No. 67896 L.L. $.50 Due Prothy $2.00 140414;Lj. JzeL--"'- David D. Buell, Prothonotary Deputy FFCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENl1?S ?1 ? OI i. 41-! OTNONOTARY AMERICAN CREDIT & COLLECTIONS, LLC P.O. BOX 264 TAYLOR, PA 18517 Plaintiff VS. GERALD ELTRINGHAM 32 W. SIMPSON STREET MECHANICSBURG, PA 17055 Defendant PNC BANK MAIN STREET & MARKETS STREET MECHANICSBURG, PA 17055 Garnishee N11 JUL 18 PM 3: 14 CUMBERLAND COUNTY PENNSYLVANIA J.D. No.: 2011-4497 E.D. PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution on the above matter, directed to the Sheriff of Cumberland County (1) against Gerald Eltringham, Defendant; and (2) against PNC Bank, garnishee; and (3) and enter this writ in judgment index (a) against Gerald Eltringham, Defendant, and (b) against PNC Bank, as garnishee, as a lis pendens against real property of the defendant in the name of garnishee as follows: n/a JUDGMENT: $8,773.26 INTEREST: $141.12 PROTHONOTARY: $ SHERIFF: $ TOTA 11 Dated 02%Lf, a s N so Sy.aS ?d a? K soc L. c? sy G? ?y?y ??ac?Ia?s Taylor, PA 18517 PA ID # 67896 (866) 760-6205 ext. 235 Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor -ICE p-OTHoN An 8:66 ruMBERLAND COUNTY PENNSYLVANIA American Credit & Collections, LLC Case Number S. Gerald Eltringham 2011-4497 SHERIFF'S RETURN OF SERVICE 07/22/2011 10:56 AM -• Shawn Gutshall, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank at 2 East Main Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland County, by handing to Tammy Lauver, Customer Service Rep., 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 July 25, 2011 to Gerald Eltringham at 32 W. Simpson Street, Mechanicsburg, PA 17055. SO ANSWERS, July 22, 2011 RON R ANDERSON, SHERIFF /4?' w Gutshall, Deputy ,Cl CCUntySuite Sherit, Leleasett. 1,%-, SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee AMERICAN CREDIT & COLLECTIONS, LLC vs. GERALD ELTRINGHAM and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE PROTHONOTAR 2011 AUG 24 AM 11: 19 :UMBERLAND COUNT`; ,INNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 2011-4497 ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: AMERICAN CREDIT & COLLECTIONS, LLC, Plaintiff 1-6. The Bank has an account balance of $2,398.88 in account(s) titled jointly to Gerald Eltringham, Shara Eltringham as joint tenants. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge and must allow for the general monetary exemption under 42 Pa.C.S. § 8123. In addition, pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $300.00 is authorized and will be deducted from the attached funds. 7. (Q) 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. (A) No. 8. (Q) 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. (A) No. Date: ?6 C y , . . cr. y z ? . 20 R RD m G C 3 W O m p? :S ?-n ?' ? ? y ?. ? co $ A < ? C. O ? p o H o °. ? a ? a. y n S w ?p A OG ? p w p O ? w r/] pl IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA a C= -, CIVIL DIVISION rn C ?m Nr- N o? v z AMERICAN CREDIT & <° s¦ o COLLECTION, LLC =C) -- F-) r BOX 264 'r te TAYLOR, PA 18517 : Plaintiff NO.: 2011-4497 vs. GERALD ELTRINGHAM 32 W. SIMPSON STREET MECHANICSBURG, PA 17055 Defendant PNC BANK MAIN STREET AND MARKET STREET MECHANICSBURG, PA 17055 Garnishee PRAECIPE FOR JUDGMENT BY ADMISSION AGAINST GARNISHEE PNC BANK ONLY TO THE PROTHONOTARY: Kindly enter Judgment By Admission for Plaintiff, American Credit & Collections, LLC, against PNC Bank, Garnishee, only, in the amount of $1,698.88, pursuant to said Garnishee's Answer to Plaintiff, American Credit & Collections, LLC's Interrogatories in Attachment hereto, and index same in the judgment index. Please send a copy of the judgment to all parties, pursuant to Pa. R.C.P. 236. Plaintiff reserves the right to refrain from discontinuing attachment and to proceed against the garnishee as to any further property or to contest any right in the property claimed by the garnishee. 14.00 PA Pu=b" 0-f 5Co.3° rz aco54ao SUBMITTED DATE:-?-Z-2-11 Q Dennis ark, Esquire O. Box 264 Taylor, PA 18517 PA ID # 38793 (866) 760-6205 ext. 235 In-House Counsel for Plaintiff JUDGMENT Now this A day of X11 ? y AUwSf , 26?1,A..Judgment is entered for Plaintiff, American Credit & Collections, LLC, agains PNC Bank, Garnishee, only, in the amount of $1,698.88, which is indexed in the judgment index. A copy of said judgment is sent to all parties, per Pa. R.C.P. 236. Prothonotary By: Deputy SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee AMERICAN CREDIT & COLLECTIONS, LLC vs. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND GERALD ELTRINGHAM and PNC BANK, NATIONAL ASSOCIATION, GARNISHEE NO. 2011-4497 ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: AMERICAN CREDIT & COLLECTIONS, LLC, Plaintiff 1-6. The Bank has an account balance of $2,398.88 in account(s) titled jointly to Gerald Eltringham, Shara Eltiingham as joint tenants. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge and must allow for the general monetary exemption under 42 Pa.C.S. § 8123. In addition, pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $300.00 is authorized and will be deducted from the attached funds. 7. (Q) 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. (A) No. (Q) 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. (A) No. Date: e a G y ? o f° n G N 7 0 ?N O a W t n m n FD' R? n 0 m n 0 N r n N W d CL m to 0 s a w G. an o s 0 9 6i c n° s C 0 n t? n °z SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee AMERICAN CREDIT & COLLECTIONS, LLC FILED-OFFICE OF THE PROTh0IN0 iA R', 2011 SEP -B PM 2: 05 CU PENNSYLVAN A COUNT)" COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. GERALD ELTRINGHAM and : NO. 2011-4497 PNC BANK, NATIONAL ASSOCIATION, : GARNISHEE ATTORNEY I.D.#17498 BILL OF COSTS OF GARNISHEE, PNC BANK, NATIONAL ASSOCIATION Garnishee, PNC Bank, National Association, hereby bills the following costs to the fund attached, and will be satisfied therefrom as authorized by 42 Pa.C.S.A. Section 2503: Garnishee's fee pursuant to 42 Pa. C.S.A Section 2503: Notary Charges: Entry of Appearance: Answers to Interrogatories: Order to Discontinue or Satisfy: Other: JON C. rM Attorne for Costs are hereby taxed in the amount of $ $300.00 $ 0.00 $ 0.00 $ 0.00 ?S _ da Yr of -- -, 2011. Y BY: .cony R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 0 1H PROTHONOTAr?- 001'r o4 '4ertLrr/? ZQt2 JAN 13 PM 2= 42 CUMBERLAND COUNTY OFFICF "T T1- $-?RAF?. PENNSYLVANIA American Credit & Collections, LLC vs. Case Number Gerald Eltringham 2011-4497 SHERIFF'S RETURN OF SERVICE 01/13/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that a true copy of the within writ of execution was attempted to be served upon the defendant, to wit: Gerald Eltringham, 32 W Simpson Street, Mechanicsburg, Cumberland County Pennsylvania 17055. At that time it was learned that the defendant had moved. A post office check indicates the defendant's new address is 311 Hampton Avenue, Bensselaer, NY 12144. Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned closed - unable to serve/levy upon defendant. SHERIFF COST: $56.10 SO ANSWERS, January 13, 2012 RON ~ R ANDERSON, SHERIFF a-A- ig? 111k Mfg /0#46 ? >» ic) Coun;,Sutto Sheriff. Teleasoft. Inc- SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,ny R Anderson ieriff Jody S Smith Chief Deputy Richard W Stewart Solicitor a?r?tu fli 4tl?gGrtf??? t - ;uyr?lF? RLEO-OFF?ICC' ?t l NE PFTTH0 ;?t 0T A1 2012 JAN 13 PM 2:4 2 CUMBERLAND COUNT PENNSYLVANIA American Credit & Collections, LLC Case Number vs. Gerald Eltringham 2011-4497 SHERIFF'S RETURN OF SERVICE 07/22/2011 10:56 AM - Shawn Gutshall, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank at 2 East Main Street, Mechanicsburg Borough, Mechanicsburg, PA 17055, Cumberland Codnty, by handing to Tammy Lauver, Customer Service Rep., 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 July 25, 2011 to Gerald Eltringham at 32 W. Simpson Street, Mechanicsburg, PA 17055. 01/13/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned closed. Bank garnishment completed; defendant moved out of state. SHERIFF COST:. 91, 74 SO ANSWERS, January 13, 2012 RON R ANDERSON, SHERIFF 0 .00 IV, e"' .sa " Pd- (c; Gael;,Suite Shent Ieleosoft. Inc. 4-14how 5 ? , X1' 2