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Home My WebLink About13-2435 a , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION ABILITY RECOVERY SERVICES, LLC P.O. BOX 4031 WYOMING, PA 18644 Plaintiff Docket No. VS. NOTICE OF FILING JUDGMENT ROGER SPITZ 510 N. BEDFORD STREET CARLISLE, PA 17013'., z m r Defendant a i5 - n •, .. PRAECIPE FOR ENTRY OF JUDGMENT �-_r r"' -< . 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: MARCH 14, 2013 b. Amount: $ 7,847.83 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: P. O. BOX 4031, WYOMING, PA 18644 I hereby certify that the residence of the Defendant is: 510 N. BEDFORD STREET, CARLISLE, PA 17013 4. Please give notice to the parties pursuant to Pa.R.C.P. 236. A � I M AT RNEY FOR PLAIN F DATE: ZG 13 NAME: James T. Mulligan, Esq. ATTORNEY ID NO: 51794 X31. Q c "stIU e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION ABILITY RECOVERY SERVICES, LLC P.O. BOX 4031 WYOMING, PA 18644 Plaintiff Docket No. Vs. ROGER SPITZ 510 N. BEDFORD STREET CARLISLE, PA 17013 Defendant(s) AFFIDAVIT OF NON - MILITARY SERVICE I, James T. Mulligan, Esq., Attorney for Plaintiff, state that to the best of my knowledge, information and belief, that the Defendant, ROGER SPITZ, 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. RESPECTFULLY SUBMITTED, 0,� -T Dated J es . Mulligan, Esq. A D #: 51794 In House Attorney for Plaintiff PO Box 4031, Wyoming, PA 18644 (855) 207 -1892 Ext 235 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION ABILITY RECOVERY SERVICES, LLC , P.O. BOX 4031 WYOMING, PA 18644 Plaintiff Docket No.) 3S au, f VS. NOTICE OF FILING JUDGMENT ROGER SPITZ 510 N. BEDFORD STREET CARLISLE, PA 17013 Defendant (X) Notice is hereby given that a JUDGMENT in the above - captioned matter has been entered against you in the amount of 7,847.83 on MARCH 14, 2013 (X) A copy of all documents filed with the Prothonotary Jerk, vil 'on in suppo of the within judgment is /are enclosed. w Prothono ary /Clerk, Civil Division By: Deputy If you have any questions regarding this Notice, please contact the filing party: Name: James T. Mulligan, Esq. ATTY ID #: 51794 In House Attorney for Party: ABILITY RECOVERY SERVICES, LLC Address: PO Box 4031, WYOMING, PA 18644 Telephone: (855) 207 -1892 Ext 235 COMMONWEALTH OF PENNSYLVANIA T� -a�35 Carl COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case [Address: ag. Dist. No: MDJ- 09 -2 -02 DJ Name: Honorable Jessica Brewbaker Ability Recover Services LLC V. 18 North Hanover Street, Suite 106 Roger Spitz Business Central Building Carlisle, PA 17013 Telephone: 717- 240 -6564 Ability Recover Services LLC P. 0,1309 45A Docket No: MJ- 09202 -CV- 0000018 -2013 ,Wyoming, PA 18644 Case Filed: 1/24/2013 � tio�3 Disposition Summary Docket No Plaintiff Defendant MJ 092 02 -CV- 0000018 -2013 Ability Recover Services LLC Disposition Disposition Date Judgment Summary " Roger Spitz Default Judgment for Plaintiff 03/14/2013 Participant Joint/Several Liability Individual Liability Ability Recover Services LLC mount Roger Spitz $0.00 $0.00 $0.00 $0.00 $7,847.83 $7,847.83 Judgment Detail { *Post Judgment) In the matter of Ability Recover Services LLC vs. Roger Spitz on 3/14/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $7,691.33 Costs $0.00 $7,691.33 $156.50 $156.50 Grand Total: $7 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 JUDGMENT /TRANSCRIPT 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, SETTL OR OTHERWISE COMPLIES WITH THE JUDGMENT. `V ` CA t �� Date agisterial District Judge Jessica Brewbaker - certi t at t is is a true an correct copy o A -col o t e p gs con ming t e lu gment. Da giste ial District Judge MDJS 315 Page 1 of 2 Printed: 03/14/2013 11:20:57AM Ability Recover Services LLC Docket No.: MJ- 09202 -CV- 0000018 -2013 V. Roger Spitz Participant List Private(s) �Oj _. James T. Mulligan Jr., Esq. = M � � -� Ability �r— Recovery Services, LLC P.O. Box 4031 c� , Wyoming, PA 18644 r— -�; Plaintiff(s) C Ability Recover Services LLC P. O. Box 4031 Wyoming, PA 18644 Defendant(s) Roger Spitz 510 N Bedford St Carlisle, PA 17013 MDJS 315 Page 2 of 2 Printed: 03/14/2013 11:20:57AM COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND CIVIL COMPLAINT . .1 . > Magisterial District Number: PLAINTIFF: NAME and ADDRESS 09 -2 -02 MDJ Name: Hon. ABILITY RECOVERY SERVICES,LLC JESSICA E. BREWBAKER P O BOX 4031 Address: 18 NORTH HANOVER ST, SUITE 106 WYOMING, PA 18644 CARLISLE, PA 17013 PHONE NO: (855) 207 -1892 J VS. Telephone: (717)240 -6564 DEFENDANT: NAME and ADDRESS F_ ROGER SPITZ 510 N. BEDFORD STREET CARLISLE, PA 17013 Docket No.: { r 1 Date Filed: AMOUNT DATE PAID FILING COSTS $ i LKV - POSTAGE $ %0• / / Social security numbers and financial information SERVICE COSTS $ l l (e.g. PINS) should not be listed. If the identity of an CONSTABLE ED. $ I l account number must be established, list only the TOTAL $ 156.50 /a4 / � 3 last four digits. 204 Pa. Code §§ 213.1 - 213.7. Pa.R.C.P.D.J. No. 206 sets forth those costs reco by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 7.691.33 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): ROGER SPITZ is indebted to CITIFINANCIAL SERVICES ( CITIFINANCIAL PLUS LN) bearing account number XXXXXXXXXXXX1373 in the amount of $ 7,691.33 to date. This outstanding debt was purchased by ABILITY RECOVERY SERVICES, LLC.,on AUGUST 10, 2012 and last payment was made on FEBRUARY 12, 2010. I, James T. Mulligan Jr., 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. \/IV\ ignare of Plaintiff or Authori Agent) The plaintiff's attorney shall file an entry of appearance with the magisterial district ou pursu 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 IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. 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. AOPC 308A -11 PLAINTIFF IN THE COURT OF COMMON PLEAS qq NO ],:, CUMBERLAND COUNTY PENNSYLVANIA' JUL / 4 P 1: CIVIL DIVISION �-U 5� PENN LAND CpUNTY LvgNIA ABILITY RECOVERY SERVICES, LLC : P.O. BOX 4031 WYOMING, PA 18644 DEFENDANT ROGER SPITZ 510 N. BEDFORD STREET CARLISLE, PA 17013 NO.: 13 -2435 -CV NOTICE OF DEPOSITION IN AID OF EXECUTION Pursuant to Pennsylvania Rules of Civil Procedure 3117 and 4007.1, notice is hereby given that on September 25, 2014, at 11:00 AM, at the law offices of James T. Mulligan, Esq., 1 Montage Mountain Road, Suite A, Moosic, Pa 18507, your oral deposition will be taken for the purposes of discovery in aid of execution.. You are directed to attend the deposition. You are also directed to bring with you all documents in your possession, or to which you have access, relating to the following: 1. Deeds for each property in which you have an interest if any kind (individually or jointly with someone else). 2. All mortgages on all real estate in which you hay- : ?n interest of any kind (individually or jointly with someone else). 3. All amortization statements (schedule of mortgage payments) for each mortgage. 4. Bank statements from the last six months for all checking accounts, savings accounts, certificate of deposits and statements or mailings from any brokerage firm, in which you have an interest of any kind (individually or jointly with someone else). 5. All titles to vehicles in which you have an interest of any kind (individually or jointly with someone else). 6. All documents of title for any assets you or your.'npuse own, including any mobile home. 7. Your federal income tax returns for the last three (3) years. 8. All documents that show that money is owed to you by someone else. 9. All lists and documents showing inventory or stock in trade in any business that you may operate, have operated, or intend to operate, whether individually or jointly with someone else. 10. All documents showing or referring to any interest you have in any partnerships, giving the name and address of your partners, the business of the partnership, and its business address. 11. All receipts and documents showing all deposits `5fmoney with any escrow agent, credit union, public utility company, landlord, or others. 12. All lists and documents showing machinery, fixtures, equipment, tools, and supplies used in any business in which you have an interest of any kind (individually or jointly with someone else). 13. All documents related to patents, copyrights, franchises, and other general intangibles in which you have an interest of any kind (individually or jointly with someone else). 14. All lists and documents relating to government and corporate bonds and other negotiable and non-negotiable instruments in which you have an interest of any kind (individually or jointly with someone else). 15. All documents showing any debts owed to you or to any business in which you have any interest. 16. All bills of exchange or promissory notes or obligations owed to you by others. 17. All annuities and insurance policies in which you have an interest of any kind (individually or jointly with someone else). 18. All certificates or records of ownership of al bonds and stocks or any interest in incorporated or unincorporated companies in which you may have an interest. Dated: Respectfully Submitted, • T. Mulligan, Jr., Esq. d # 51794 In -House Counsel for Plaintiff 570-207-1892 (ext. 235) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABILITY RECOVERY SERVICES, LLC P.O. BOX 4031 WYOMING, PA 18644 Plaintiff J.D. No.: 13 -2435 -CV VS. ROGER SPITZ 510 N. BEDFORD STREET CARLISLE, PA 17013 Defendant E.D. PRAECIPE FOR WRIT OF EXECUTION (LEVY — PERSONAL PROPERTY) TO THE PROTHONOTARY: Issue writ of execution on the above matter, directed to the Sheriff of Cumberland County (1) You are directed to levy upon the property of the Defendant and sell his interest therein, against Roger Spitz, Defendant; and (2) You are further directed to levy upon and sell all other real and personal property belonging to the Defendant, Roger Spitz; (a) and enter this writ in judgment index against Roger Spitz, Defendant JUDGMENT: $7,847.83 INTEREST: $726.28 PROTHONOTARY: $ SHERIFF: $ TOTALL v' Dated RESPECTFULLY SUBMITED, Tik v s T. Mulligan, Jr., Esq. ox 4031 oming, PA 18644 PA ID # 51794 (866) 760-6205 ext. 235 In -House Counsel for Plaintiff *a8.5o Pb `SI .a5 ct3F $ 5 q. `75 PO A1T1I $ 07.025 iue%,.0 • 50 1.1-- SgNLti p, -3(9 9(i' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION -LAW Plaintiff ABILITY RECOVERY SERVICES, LLC: P.O. BOX 4031 WYOMING, PA 18644 : No.: 13 -2435 -CV ROGER SPITZ 510 N. BEDFORD STREET CARLISLE, PA 17013 WAIVER OF WATCHMAN Any Deputy Sheriff levying upon or attaching any property under this Writ may leave same without a watchman, in custody of whomever is found in possession, after notifying such person of such levy and attachment, without liability on the part of such Deputy or Sheriff to any Plaintiff herein for any loss, destruction or removal of any such property before Sheriff's Sale thereof. Date: oHli OdNAA M T. Mulligan, Jr., Esq. Pox 4031 Wyoming, PA 18644 No.: 51794 In -House Counsel for Plaintiff THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net ABILITY RECOVERY SERVICES, LLC Vs. ROGER SPITZ WRIT OF EXECUTION (Pa R.C.P. 3252) NO 13-2435 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against ROGER SPITZ, 510 N. Bedford Street, Carlisle, PA 17013, Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; levy upon and sell all other real and personal property. (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. 1 1k Amount Due $7,847.83 Interest -- $726.28 Attorney's Comm. % Attorney Paid Date: 11/3/14 Plaintiff Paid $59.75 Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary (Seal) REQUESTING PARTY: Name : JAMES T. MULLIGAN, JR. , ESQUIRE Address: PO BOX 4031 WYOMING, PA 18644 Attorney for: PLAINTIFF Telephone: 886-760-6205 ext. 235 Supreme Court ID No. 51794 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2