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HomeMy WebLinkAbout12-4521 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff CIVIL ACTION-LAW VS. DOCKET NO.: DIANE P. MCELWEE, Defendant NOTICE OF ENTRY OF JUDGMENT ( ) Notice is hereby given that a Judgment in the abov -capt'oned matter has been entered against you in the amount of $11,228.81 on 20 ,2012 Original judgme was in the amount of $11,230.66. Payments were made on this account totaling $135.( The remaining balance due is $11,228.81. ( ) A copy of all documents filed with the Prothonotary in support of the within is/are enclosed. By: If you have any questions regarding this Notice, please contact the filing party: NAME: Remit Corporation ADDRESS: 36 West Main Street Bloomsburg, PA 17815 TELEPHONE NO: 570-387-1873 (This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: YZY7 NAME: Diane P. McElwee 10 West Main Street Plainfield, PA 17081 T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. DIANE P. MCELWEE, Defendant To the Prothonotary: CIVIL ACTION-LAW DOCKET NO.: PRAECIPE TO ENTER JUDGMENT Kindly enter judgment in this matter against the Defendant Diane P. McElwee in the amount $11,228.81 on ? /2 ?•? ?!2 Original judgment was in the amount $11,230.66. Payments were made on this account totaling $135.00. The remaining balance di is $11,228.81. c - x rn 2 r` Respectfully Submitted, 3> C") zc Raym d W. Kessler, PA ID #309802 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474 K /1'1 i Ca ,+ 31..25jx1 ? / C.j* 5 (9`7 po?- ), 7923 ohm govde 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff CIVIL ACTION-LAW VS. LfS# I DOCKET NO.: DIANE P. MCELWEE, Defendant AFFIDAVIT OF NON-MILITARY SERVICE The Defendant is not now in the Military Service, as defined in the Soldier's and Sailor s Civil Relief Act of 1940 with amendments and has not been in such service within thirty days hereof. Dated this day of ;V6ti? , 2012 ?. ' M CO •'? FT" -G o C-D } Raym d W. Kessler, PA ID #309802 M. -? Attorney for Plaintiff CD p 36 West Main Street ?-= Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474 Department of Defense Manpower Data Center StaWs Report Pursuant to Serv cemembers Civil Relief Act Last Name: MCELWEE First Name: DIANE P Active Duty Status As Of: Jun-28-2012 I Results as of : Jun-28-2012 11:10:54 SCRA 2.2.1 Active Duty Start Date Active Duty End Date. Status Service Component On Active Duty On Active Duty Statua Date NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or.Hls/Her unit Was-Notifled. of a Future Ca" to Active Duty an Activo Duty Status Date Order NotNkatbn Start Date Order Notification End Date Stahts Service Component NA NA No NA This response reflects whether the Individual or his/her unit has received early notification to reportfor active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is th status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Hea th, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. YA ilia, A A.J_ A?"_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) 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 DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that t individual is currently on active duty" responses, and has experienced only 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 was on active duty for the active duty status date, or is otherwise entitle to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty s atus date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 52 (c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual le Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for ctive duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by th President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization positio in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard eserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services nods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this websit certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of ervice. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who h ve not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections oft SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. SCRA Report ID: IP38RHEITQ T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff CIVIL ACTION-LAW VS. DOCKET NO.: DIANE P. MCELWEE, Defendant G-y "r'S CERTIFICATION OF ADDRESSES I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows:s Plaintiff: Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Defendant: Diane P. McElwee 10 West Main Street Plainfield, PA 17081 Respectfully submitted, r Raymon . Kessler, PA ID #309802 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 16 -7 e-1,411 Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-02 MDJ Name: Honorable Vivian Cohick Address: 55 Penn Drive Newville, PA 17241 Telephone: 717-776-3187 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Disposition Summary Remit Corporation V. Diane P McElwee C-7 r*1W C i.- Docket No: MJ-09302nV1=00 2-;gl Case Filed: 3/2/2012 n --46 <CD -v Cn Docket No Plaintiff Defendant Disposition Disn MJ-09302-CV-0000062-2012 Remit Corporation Diane P McElwee Default Judgment for Plaintiff Judgment Summary Participant Joint/Several Liability Individual Liability Amou Diane P McElwee $0.00 $11,230.66 $11,230. Remit Corporation $0.00 $0.00 $0. Judgment Detail ('Post Judgment) In the matter of Remit Corporation vs. Diane P McElwee on 4/16/2012 the disposition is Default Judgment for Plaintiff a was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amou 04/16/2012 judgment Civil Judgment $0.00 $11,056.06 $11,05606 Costs $0.00 $174.60 $174.60 Grand Total: $11,230.66 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF PEAL WITH THE PROTHONOTARYICLERK 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 P , OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELE .TS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF SoMMON 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. l ? 0 4+H' t 40 - :ray Date Magisterial District Judge Vivian Cohick ,eye a true an correct copy o the record o the proceedings contarmn the ju gment. ?o? 19- Zvi a Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 04/16/201 12:12:04PM Remit Corporation v. Diane P McElwee Participant List Plaintiff(s) Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Defendant(s) Diane P McElwee Docket No.: MJ-09302-CV-0000062-2012 16 ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Nwnber. 09-3-02 MDJ Name: Hon. Vivian J. Cohick Adwe.e: 55 Penn Drive Newville, PA 17241 Telephone: (717)776-3187 CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS The Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 VS. DEFEN DANT: NAME and ADDRESS (- Diane P. McElwee 10 West Main Street Plainfield, PA 17081 Docket No.: I V (pa-. ?a Date Filed: Q rl: h FILING COSTS $ A/ I J. CX) 3A 9 PAID , /9CI.1, POSTAGE $ l l Social security numbers and imancial information SERVICE COSTS $ / I (e.g. PINS) should not be listed. K the identity o an CONSTABLE ED. $ l l account number must be established, list only e TOTAL $ 193.00 last four digits. 204 Pa. Code §§ 213.1- 213.7. 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 511,056.06 together ith costs upon the following claim (Civil fines must include citation of the statute or ordinance viol ted): Plaintiff is seeking payment for unpaid Mastercard credit card services provided by Citibank (South Dakota) N tional Association. This account has been purchased by Remit Corporation. The charge-off balance due on this a unt is $5,424.54 and post-charge off interest has accrued in the amount of $5,631.52 at the rate of 28.99%. The las payment on this account was received on or about 04/04/2008. Plaintiff is requesting judgment in the amount of $11,056.06 plus court costs. 1, Janine McAfee verify that the facts set forth in this complaint are true and co ct 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 unswom falsification to authorities. C-11"17 Z. /0 0 -7 ignature o Plaintiff r Authorized e The plaintiffs 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 IMMEDIATE LY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLES S 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 d to set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial istrict Court and its services, please contact the Magisterial District Court at the above address or tole hone number. We are unable to provide transportation. AOPC 308A-11