Loading...
HomeMy WebLinkAbout11-6742IN THE COURT OF COMMON PLEAS OF - t'' 10 `' 6, 0TR CUMBERLAND COUNTY, PENNSYLVANIA NON07A AMERICAN CREDIT & COLLECTIONS, LLC P.O. Box 264 Taylor, PA 18517 Plaintiff(s) VS. CIVIL DIVISION '?III N"IC' 25 Pli i; b2 r.nMBERLANYANI)A TY ?ENNSYL File No. ?\- ?A1 q ta bi I NOTICE OF FILING JUDGMENT JOHN FOX 6 IRV IN DR SHIPPENSBURG, PA 17257-8204 Defendant(s) PRAECIPE FOR ENTRY OF JUDGMENT 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: July 6. 2011. b. Amount: 11845.19. 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: AMERICAN CREDIT & COLLECTIONS, LLC; P.O. BOX 264; TAYLOR, PA 18517 I hereby certify that the residence of the Defendant is: 6 IRVIN DR,, SHIPPENSBURG, PA 17257-8204. 4. Please give notice to the parties pursuant to Pa.R.C.P. 236. ATTORNEY FOR PLAINTIFF NAME: DENNIS MARK, Esq. ATTORNEY ID NO: 38793 ADDRESS: P.O. Box 264; Taylor, PA 18517 TELEPHONE: 570-207-3383, Ext. 235 DATE: ar?? s9-7. as pd al? Ck-? S12t3 Lo 36%, w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN CREDIT & COLLECTIONS, LLC P.O. Box 264 Taylor, PA 18517 Plaintiff(s) VS. CIVIL DIVISION JOHN FOX 6 IRVIN DR SHIPPENSBURG, PA 17257-8204 Defendant(s) File No. NOTICE OF FILING JUDGMENT AFFIDAVIT OF NON-MILITARY SERVICE I, DENNIS MARK, Esq., Attorney for Plaintiff, state that to the best of my knowledge, information and belief, that the Defendant., JOHN FOX 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. O /,;i Lk (( Dated RESP TFULLY SUBMITTED, DENNIS MARK, ESQ. ATTY ID#: 38793 In House Attorney for Plaintiff PO Box 264; Taylor, PA 18517 (570) 207-3383 Ext 235 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-01 MDJ Name: Honorable Brenda M. Knepper Address: 35 West Orange Street Shippensburg, PA 17257 Telephone: 717-532-7676 Acc, Lcc PO Box 264 Taylor, PA 18517-0264 Disposition Summary Docket No MJ-09301-CV-0000162-2011 Judgment Summary Participant John Fox $0.00 $11,845.19 $11,845.19 Judgment Detail (*PostJudgment) In the matter of Acc, Lcc vs. John Fox on 7/06/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $11,694.19 $11,694.19 Costs $0.00 $151.00 $151.00 Grand Total: $11,845.19 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 JUDGMENTITRANSCRIPT 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. a true and correct copy MDJS 315 Plaintiff Defendant Acc, Lcc John Fox Joint/Several Liability Individual Liability 1-?-1`1 Date Date Page 1 of 2 Magisterial District Judge Knepper Judge Acc, Lcc V. John Fox Docket No: MJ-09301-CV-0000162-2011 Case Filed: 6/8/2011 JUL. 08 2011 Disposition Disposition Date Judgment for Plaintiff 07/06/2011 Amount Printed: 07/06/2011 2:42:38PM i631573/S1f-3 FaL D-Or" F I ?. E RROTHONOTAR Z01 I AUG 25 PM 1: 52 CUMBERLAND COUNTY PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Magisterial District Number: 09-3-01 MDJ Name: Hon. 35 West Orange Street Address: Shippensburg, PA 17257 'telephone: 717-532-7676 CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS I- ACC, LLC P.O. BOX 264 TAYLOR, PA 18517 VS. DEFENDANT: NAME. and ADDRESS F JOHN FOX 6 IRVIN DR. SHIPPENSBURG, PA 17257-8204 Docket No.: Date Filed: AMOUNT DATE PAID FILING COSTS $1,6-11)6 POSTAGE $ SERVICE COSTS $ CONSTABLE ED. $ TOTAL $ Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. :m",- TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $11,694.19 together with costs upon the following claim: JOHN FOX is indebted to AMERICAN CREDIT & COLLECTIONS, LLC on a CHASE credit card bearing account number XXXXXXXXXXXX2988 in the amount of $11,694.19 to date. This outstanding debt was purchased by AMERICAN CREDIT & COLLECTIONS, LLC on March 1, 2010 and last payment was made on November 8, 2007. Despite Plaintiffs demands of Defendant to reimburse same, Defendant has failed and refused to do so. I, Christopher Munley - Agent for ACC. 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. - 4, ''S6? - C ( igna re o Plaintiff or A thorized Agent) The plaintiff's attorney shall file an entry of appearance with the magisterial district court pursuant to Pa.R.C.P.M.D.J. 207.1 IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATEtY AT THE ABOVE TftEPHONE R. 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. i 4 0* IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AMERICAN CREDIT & COLLECTIONS, LLC P.O. Box 264 Taylor, PA 18517 Plaintiff(s) File No. VS. NOTICE OF FILING JUDGMENT JOHN FOX 6 IRVIN DR SHIPPENSBURG, PA 17257-8204 Defendant(s) (X) Notice is hereby given that a JUDGMENT in the above-captioned matter has been entered against you in the amount of $11,845.19 on July 6, 201 L (X) A copy of all documents filed with the Prothonotary'erk,t?il n in su? of the within judgment is/are enclosed. T Prothonotary/Clerk, Civil Division By: Deputy If you have any questions regarding this Notice, please contact the filing party: Name: DENNIS MARK, ESQ. ATTY ID#: 38793 In House Attorney for Party: AMERICAN CREDIT & COLLECTIONS, 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 11-6742 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 JOHN FOX, 6 IRVIN DRIVE, SHIPPENSBURG, PA 17257 (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 FIRST FEDERAL CREDIT UNION, 3175 CAPE HORN ROAD, RED LION, PA 17356 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$11,845.19 L.L. $.50 Interest $161.85 Atty's Comm % Atty Paid Plaintiff Paid $54.25 Due Prothy $2.00 Other Costs Date: 10/4/11 (Seal) REQUESTING PARTY: Name DENNIS MARK, ESQUIRE Address: P.O. BOX 264 TAYLOR, PA 18517 Attorney for: PLAINTIFF Telephone: 866-760-6205 Supreme Court ID No. 38793 David uell, PrIonotary By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN CREDIT & COLLECTIONS, LLC P.O. BOX 264 TAYLOR, PA 18517 Plaintiff J.D. No.: 11-6742-CV Vs. JOHN FOX E.D. 6IRVIN DRIVE SHIPPENBURG, PA 17257 Defendant MEMBERS FIRST FEDERAL CREDIT UNION rnC) C? _ 3175 CAPE HORN ROAD RED LION, PA 17356 Garnishee bCD -[3 CD-1 p PRAECIPE FOR WRIT OF EXECUTION „G TO THE PROTHONOTARY: tL? Issue writ of execution on the above matter, directed to the Sheriff of York County (1) against John Fox, Defendant; and (2) against Members First Federal Credit Union, garnishee; and (3) and enter this writ in judgment index (a) against John Fox, Defendant, and (b) against Members First Federal Credit Union, as garnishee, as a lis pendens against real property of the defendant in the name of garnishee as follows: n/a JUDGMENT: $11,845.19 INTEREST: $161.85 PROTHONOTARY: $ SHERIFF: $ TOTAL 9 - ZT-4 Dated so aMk A ?. a Q CEF RES F?UB I Dennis Mark, Esq. P.O. Box 264 Taylor, PA 18517 PA ID # 38793 (866) 760-6205 ext. 235 In-House Counsel for Plaintiff `?"a Co. ?$ Std crL ?5 -7 6 (9 V')f ;? 0? ax -_T'%8 0eA SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration AMERICAN CREDIT & COLLECTIONS, LLC 11. U-7 q IR vs. Case Number JOHN FOX 2911 Sid 599-3 SHERIFF'S RETURN OF SERVICE 10/27/2011 12:50 PM -SERVED TWO TRUE AND ATTESTED COPIES OF THE WITHIN WRIT OF EXECUTION AND INTERROGATORIES UPON CASSIE WITMAN, SERVICE REP FOR THE WITHIN NAMED GARNISHEE, MEMBERS 1ST FEDERAL CREDIT UNION, AT 2360 WHITEFORD ROAD, YORK, PA 17402, AND ATTACHED AS DIRECTED. MICHAEL NOVAN, DEPUTY 10/28/2011 SENT BY CERTIFIED MAIL, ONE TRUE AND ATTESTED COPY OF THE WITHIN WRIT OF EXECUTION AND CLAIM FOR EXEMPTION FORM TO JOHN FOX THE WITHIN NAMED DEFENDANT, TO 6 IRVINE DRIVE, SHIPPENSBURG, PA 17257. 11/10/2011 RETURN RECEIPT FOR CERTIFIED MAIL TO JOHN FOX, DATED 11/2/2011, ATTACHED HERETO. SHERIFF COST: $97.49 SO ANSWERS, January 18, 2012 RICHARD P K UERLEBER, SHERIFF C- c ? -? - - s ?? ? -rt?rl 3? O-r ZO pC > -? C.0 -j NOTARY Affirmed and subscribed to before me this 18TH day of JANUARY 2012 o Ir; S t '1(A i f ?3'v4t ::. ? 0 ARI LISA L, H t. NUTANY CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRESAUG. 12, 2013 Document Receipt Trans # 195344 Carrier / service: POST 2PM Ship to: LOM7X3B9Ll V 6Z 1 V JOHN FOX 6 Irvin Dr Tracking #: Doc Ref #: Shippensburg PA 172578204 10/28/2011 9171922845001000044377 11SU3993G 1? .9?L i UNIT TED STATES A zob&M-LSERVICE. Date Produced: 11/07/2011 YORK COUNTY GOVT SHERIFF The following is the delivery information for Certified MaiITM item number 7192 2845 0010 0004 4377. Our records indicate that this item was delivered on 11/02/2011 at 01:02 p.m. in SHIPPENSBURG, PA, 17257. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: L Po,,? 6 1, ?in ?r i7as7 Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. ,e T c? G -v ? ? rn r D. !j7 C co y (. R, Customer Reference Number: 11 SU3993G IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PLAINTIFF AMERICAN CREDIT & COLLECTIONSBILITY, LLC P.O. BOX 264 TAYLOR, PA 18517 NO.: 11 -6742 -CV vs. DEFENDANT JOHN FOX 6 IRVIN DRIVE SHIPPENSBURG, PA 17257 and GARNISHEE MEMBERS FIRST FEDERAL CREDIT UNION 3175 CAPE HORN ROAD RED LION, PA 17356 PRAECIPE TO DISCONTINUE ATTACHMENT AGAINST MEMBERS FIRST 7:. FEDERAL CREDIT UNION, GARNISHEE ONLY TO THE PROTHONOTARY: Kindly mark the attachment against Garnishee, Members First Federal Credit Union, Garnishee only, discontinued and judgment is satisfied, and give notice to all parties pursuant to Pa. R.C.P. 236 Date: 5)2))11 t T. Mulligan, Jr., Eq. I • se Counsel for Plaintiff P. • . Box 264, Taylor, PA 18517 ID # 51794/(866) 760-6205 ext. 235 7 DISCONTINUANCE Now, this day of , 201f the attachment against Members First Federal Credit Union, Garnishee only, is continued and the judgm t against Garlyjge only satisfied. Notice is given to all parties pursuant to PA. R.C.P. 2 Prothonotary By: Deputy tr„„.„.rf' OLVUA 4 CI (Yelt �It lel %