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:
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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
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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
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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:
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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.
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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'
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