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.
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Respectfully Submitted, 3> C")
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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
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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'
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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