Loading...
HomeMy WebLinkAbout11-6477IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN CREDIT & COLLECTIONS, LLC P.O. BOX 264 TAYLOR, PA 185:17 Plaintiff J.D. No.: 2011-06477 VS. t? ? rT1 z ? JOSHUA FILLMORE E.D. r F"- .. G! 4314 CHESTNUT STREET -G -J^ CAMP HILL, PA 17011 CD -0 s; C) C Defendant WELLS FARGO BANK 3205 TRINDLE ROAD CAMP HILL, PA 17011 TO THE PROTHONOTARY: Garnishee PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution on the above matter, directed to the Sheriff of Cumberland County (1) against Joshua Fillmore, Defendant; and (2) against Wells Fargo Bank, garnishee; and (3) and enter this writ in judgment index (a) against Joshua Fillmore, Defendant, and (b) against Wells Fargo Bank, as garnishee, as a lis pendens against real property of the defendant in the name of garnishee as follows: n/a JUDGMENT: $5,382.78 INTEREST: $67.64 PROTHONOTARY:$ SHERIFF: $ TOTAL q-1 -11 Dated iz ?d ccIfy a?.as e? a err ?f }Sy g;5P?a U RE E_ FULLY SUCD Dennis Mark, Esq. P.O. Box 264 Taylor, PA 18517 PA ID # 38793 (866) 760-6205 ext. 235 In-House Counsel for Plaintiff C?a 66.5 a ? 15(00Y 1Z? Qwgs( W(A C? P?t T?SsoeA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-6477 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN CREDIT & COLLECTIONS Plaintiff (s) From JOSHUA FILLMORE, 4314 Chestnut Street, Camp Hill, PA 17011 (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: WELLS FARGO BANK, 3205 TRINDLE ROAD, CAMP HILL, PA 17011 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 $5,382.78 Interest $67.64 Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: SEPTEMBER 16, 2011 (Seal) REQUESTING PARTY: Name DENNIS MARK, ESQUIRE Address: P. O. BOX 264 TAYLOR, PA 18517 Attorney for: PLAINTIFF L.L. $.50 Due Prothy $2.00 Other Costs 1 _ David D. Buell, Prothonotary B: -dA "'t -11- - Deputy Telephone: 866-760-6205 Supreme Court ID No. 38793 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor iv l f aE P 26 F PE?4HSY1-W111.!IIA American Credit & Collections, LLC vs. Joshua Fillmore OFF.'c F'-tic -- Case Number 2011-6477 SHERIFF'S RETURN OF SERVICE 09/22/2011 10:30 AM - William Cline, 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, Wells Fargo Bank at 3205 Trindle Road, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County, by handing to Paul Fenton, 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 him. The writ of execution and notice to defendant was mailed on September 23, 2011 to Joshua Fillmore at 4314 Trindle Road, Camp Hill, PA 17011. SO ANSWERS, o/Z X-"'Z?2 September 23, 2011 RON R ANDERSON, SHERIFF William Cline, Deputy ipj CeurryS?ite Sne;n?_ 7e'?eoso?r. !?-;-. 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 "M OCT d 4 pti 1:1 ^ aCUMBERLAND CQUNTy PEtMS YLYA P IA AMERICAN CREDIT & COLLECTIONS. LLC COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. JOSHUA FILLMORE and : NO. 2011-06477 WELLS FARGO BANK N.A., GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: AMERICAN CREDIT & COLLECTIONS. LLC 1. No. 2. Account titled Joshua K. Fillmore with a zero balance, and an account titled Joshua K. Fillmore with a zero balance. These accounts have been restricted pursuant to this writ. 3.- 6. No. 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? (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, (lid not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? (A) No. Dated: \1 \? -A r ?, w Legal Order Processing P. O. Box 7600 11th Floor -Y1372-113 Philadelphia, PA 19106 VERIFICATION Erin Shannon, being .duly sworn according to law, deposes and says that she is the Writ of Execution Administrator of Wells Fargo Bank, Garnishee herein, and verifies that the statements made I the forgoing Answers to Interrogatories are true and correct to the best of knowledge. Said Garnishee understands that false statements herein are made subject to penalties of 18 Pa. C. Section 4904, relating to sworn falsification to authorities-") Erin Sha Manager Dated: 16 -10 _ SIRLIN GALLOGLY & LESSER, P.C. -$y: 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 COURT OF COMMON PLEAS COUNTY OF CUMBERLANBP VS. ,n _ JOSHUA FILLMORE NO. 2011-06477 w and - =n WELLS FARGO BANK N.A.. GARNISHEE PRAECIPE - ` TO THE PROTHONOTARY: Kindly enter a Rule upon Plaintiff to either seek judgment against Garnishee, Wells Fargo Bank, N.A., under Rule 3143(g) or to place the issue between Plaintiff and Garnishee upon the list for trial, or in the alternative, to suffer judgment of non pros against Plaintiff and in favor of Garnishee, Wells Fargo Bank, N.A. JON C. Attorney for Garnishee Date: - 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. JOSHUA FILLMORE and COURT OF COMMON PLEAS COUNTY OF CUMBERLAND : NO. 2011-06477 WELLS FARGO BANK N.A., GARNISHEE RULE TO THE PROTHONOTARY: AND NOW, this2 y of , 2012, a Rule is hereby granted upon Plaintiff to seek judgment against Garnishee, Wells Fargo Bank, N.A., under Rule 3143(8) or to place the issue between Plaintiff, Defendant and Garnishee upon the list for trial within twenty (20) days after the service hereof or to suffer Judgment of Non Pros against Plaintiff. PROTHONOTARY 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 AMMIC:AN CKEDI & COLLECTIONS. LLC COURT OF COMMON PLEAS COUNTY OF CUMBERLAND vs. JOSHUA FILLMORE NO. 2011-06477 and WELLS FARGO BANK N.A. GARNISHEE To: Dennis Mark, Esquire P.O. Box 264 Taylor, PA 18517 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X PRAECIPE FOR RULE OF NON PROS _ JUDGMENT BY DEFAULT _ MONEY JUDGMENT _ JUDGMENT IN REPLEVIN _ JUDGMENT FOR POSSESSION _ JUDGMENT ON AWARD OF ARBITRATION _ JUDGMENT ON VERDICT _ JUDGMENT ON COURT FINDINGS SHERIFF'S OFFICE OF CUMBERLAND COUNTY iderson Smith Deputy .;hard W Stewart jolicitor American Credit & Collections. LLC vs. Joshua Fillmore 3 PH 2: T?'il?pn s ?r ? Case Number 2011-6477 SHERIFF'S RETURN OF SERVICE 09/22/2011 10:30 AM - William Cline, 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, Wells Fargo Bank at 3205 Trindle Road, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County, by handing to Paul Fenton, 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 him The writ of execution and notice to defendant was mailed on September 23, 2011 to Joshua Fillmore at 4314 Trindle Road, Camp Hill. PA 17011. 05/03/2012 Ronny R. Anderson, 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: $96.85 SO ANSWERS May 03, 2012 RONNY R ANDERSON, SHERIFF IN GALLOGLY & LESSER, P.C. . Jon C. Sirlin, Esquire .dentification No.: 17498 123 S. Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee AMERICAN CREDIT & COLLECTIONS. LLC COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. JOSHUA FILLMORE NO. 2011-06477 and WELLS FARGO BANK N.A., GARNISHEE To: Dennis Mark, Esquire P.O. Box 264 Taylor, PA 18517 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X JUDGMENT OF NON PROS _ JUDGMENT BY DEFAULT _ MONEY JUDGMENT _ JUDGMENT IN REPLEVIN _ JUDGMENT FOR POSSESSION _ JUDGMENT ON AWARD OF ARBITRATION _ JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS 6194'a 2 SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 S. Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee AMERICAN CREDIT & COLLECTIONS. LLC 20 if: At FBI D C 0 U11'?f T P' CYLVA111,1 COURT OF COMMON PLEAS COUNTY OF CUMBERLAND vs. JOSHUA FILLMORE NO. 2011-06477 and WELLS FARGO BANK N.A., GARNISHEE PRAECIPE TO ENTER JUDGMENT OF NON PROS TO THE PROTHONOTARY: Kindly enter a Judgment of Non Pros in favor of Wells Fargo Bank, N.A., Garnishee and against Plaintiff, AMERICAN CREDIT & COLLECTIONS. LLC, for failure to enter judgment against the Garnishee within twenty days after service of a Rule to seek judgment against Garnishee under Rule 3143(g) or to place the issue between Plaintiff, Defendant, and Garnishee upon the list for trial. Dated: Attorriev for Garnishee 00 a14.S60 at a-4149077 -V 43a a-1 9 g SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 S. Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee AMERICAN CREDIT & COLLECTIONS. LLC COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. JOSHUA FILLMORE : NO. 2011-06477 and WELLS FARGO BANK N.A., GARNISHEE CERTIFICATE OF SERVICE JON C. SIRLIN, being duly sworn according to law, deposes and says that he is counsel for the Garnishee, Wells Fargo Bank, N.A., that he is authorized to and does take this affidavit on its behalf and that he served a Praecipe and Rule pursuant to Pa.R.C.P. 3143(g) to Enter Judgment or suffer judgment of Non Pros, upon Dennis Mark, Esquire, counsel for Plaintiff, by letter dated January 26, 2012, which was sent via certified mail and that Exhibits "A" and "B" attached hereto are true and correct copies of the transmittal letter addressed to Plaintiffs counsel and the certified mail return receipt. /11T JO Attorne for Garnishee Date: rl EXHIBIT "A" SIRLIN GALLOGLY & LESSER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW JON C. SIRLIN PENNSYLVANIA OFFICE TIMOTHY A. GALLOGLY 123 S. BROAD STREET PETER A. LESSER* SUITE 2100 JOHN D. BENSON* PHILADELPHIA, PA 19109 SUSAN J. KUPERSMITH*t (215) 864-9700 STEPHEN R. KURENS*t FAX (215) 864-9669 DANA S. PLON* DOROTHY A. HAMILL* LISA M. RUTENBERG*** NEW JERSEY OFFICE JERRY L DREW** 102 BROWNING LANE KIERSTIN M. LANGE* BUILDING C ADAM NACHMANI* CHERRY HILL, NJ 08003 (856) 616-1900 t COUNSEL FAX (856) 216-7459 • PA & NJ BAR 2012 January 26 , PA & NY BAR •• ••• PA, NJ & MD Dennis Mark Zsquire P.O. Box 264 Taylor, PA 18517 Re: American Credit & Collections. LLC vs. Joshua Fillmore - WF Case No. 69385111 and Wells Fargo Bank N.A., Garnishee A Dear Mr. Mark: I enclose a copy of the Praecipe to Enter Rule against Plaintiff pursuant to Pa.R.C.P. 3143(g) to either seek judgment against Garnishee or to place the issue between Plaintiff and Garnishee upon the trial list, which Rule was recently filed with the Court. The purpose of this proceeding is merely to enable my client and I to close our files in this old attachment. Under the circumstances, I would appreciate your signing the enclosed Order to Discontinue Attachment Execution. If this is agreeable with you, please sign the enclosed Order and return to me for filing with the Court. However, if you do not respond promptly and appropriately, I will enter a Judgment of Non Pros against Plaintiff at the earliest opportunity. Thank you for your anticipated courtesy and cooperation. Y INQUMIES TO - 215-864-9700. Ir Iu Er ru Ir Ir 0 C3 O O O I` Ln CUFF Postage $ certified Fee Return Receipt Fee (Endorsertrerd Required) Total Postage & F. 1AL. USE ( lrad) Re4u Postmark Here ra M o ---------------------------- ---------------------------------- Slrree4 %? ?•% C3 --------------- or PO Box No. -------------------------- ------------------------- Clly Staves. ZIPf4 Sincerely, JON C. SIRLIN EXHIBIT "B" v C0 0 9 WM W 0 Q 2 N 0 A O m y_ A C D 1 I co 1 .. ,i ¦ ¦ ¦ >t 100 A I?? ? ? ! ? ?m c A? a O 3 ? a am Q ° m w 'D Cr O (D CL CL ma. mmna 7OC W' C3C3 op 0 A y ? O O (D .r E; M. 0 v' 3 0m O ru 0 m m (D ..n ru o- `° A W O tD x D y. ? ? lqv m m to < < M? ?Q m 3 a = R < ?q < Yn C a a Im P I m M a M ? ? 0O • N O H N? Q 33 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF AMERICAN CREDIT & COLLECTIONS, LLC P.O. BOX 264 TAYLOR, PA 18517 vs. DEFENDANT JOSHUA FILLMORE 4314 CHESTNUT STREET CAMP HILL, PA 17011 GARNISHEE WELLS FARGO BANK 3205 TRENDLE ROAD' CAMP HILL, PA 17011 CIVIL DIVISION NO.: 2011-06477 n c •Z m r- x C ? C-) PRAECIPE TO SATISFY JUDGMENT AGAINST GARNISHEE ONLY N N L w N w TO THE PROTHONOTARY: PLEASE MARK THIS MATTER SATISFIED AGAINST GANISHEE ONLY. PLEASE SEND NOTICE TO ALL PARTIES PURSUANT TO Pa R.C.P. 236. Date: `7 es T. Mulligan, Jr., Esq. P.O. Box 264 Taylor, PA 18517 (570) 207-3383 ext. 235 PA ID # 51794 Attorn°y for Plaintiff JUDGMENT C.- ia? NOW, THIS DAY OF 2 4,, THE JUDGMENT HEREIN IS SATISFIED AGAINST GARNISHEE ONLY. NO ICE GIVEN TO ALL PARTIES PURSUANT TO Pa.,j R.C.P. 236. DATE: c_ rri- r== -rl CD 1?7' _5o Pp AIN 14-640sgl030 (977179 Y: DAviZ)- t?• t3ue?, ? ?,. ? ?` ??' a? ?