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Home My WebLink About13-2753 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA c. ASSET ACCEPTANCE, LLC No: 1 3 , �� ✓ .� Plaintiff / � / � m 73P t' vs. CIVIL ACTION - LAW c,.n' TERESA M. SHEELY Defendant(s) —"-s ro PRAECIPE TO ENTER JUDGMENT ON MAGISTERIAL DISTRICT JUDGE'S TRANSCRIPT OF JUDGMENT In accordance with the transcript of the Magisterial District Judge which is attached hereto, enter judgment in favor of Plaintiff and against Defendant(s), in the su of 3,965.92, which consists of $3,850.92 as principal and $115.00 as costs less payments of $ .00 Bl>� interest thereon from the date of that judgment, as provided by law. MICHAEL B. VOLK #88553 RACHEL A. CLARK #311484 FULTON, FRIEDMAN & GULLACE, LLP 6 KACEY COURT SUITE 203 MECHANICSBURG, PA 17055 (877) 386 -5383 Attorneys for Plaintiff AFFIRMATION OF NO APPS As of the date of this filing a District Justice appeal has not bee file iri the Court of Common Pleas of CUMBERLAND County. MICHAEL B. VOLK Attorney ID #88553 s"i 1 4 PA_0412 File No.: 12- 740491 ��ktc� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. 2 ASSET ACCEPTANCE, LLC No: �15 > U I Plaintiff vs. CIVIL ACTION - LAW TERESA M SHEELY Defendant(s) CERTIFICATE OF LAST KNOWN ADDRESS TERESA M SHEELY ASSET ACCEPTANCE, LLC 680 GENEVA DR 28405 VAN DYKE MECHANICSBURG PA 170555403 WARREN MI 48093 MICHAEL B. VOL Attorney ID #88553 CERTIFICATE OF SERVICE I, MICHAEL B. VOLK, an authorized agent for FULTON, FRIEDMAN & GULLACE, LLP, hereby certify that a copy of the foregoing Praecipe to Enter Judgment on Magisterial District Judge's Transcript of Judgment was served this date by mailing same via first class mail, postage prepaid, addressed as follows: TERESA M SHEELY 680 GENEVA DR MECHANICSBURG PA 170555403 Defendant MA 14 2011 , Dated: MICHAEL B. VOLK Attorney ID #88553 PA_0412 File No.: 12- 740491 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P ASSET ACCEPTANCE, LLC No: i • a��3 lU Plaintiff vs. CIVIL ACTION - LAW TERESA M SHEELY Defendant(s) NOTICE OF JUDGMENT Notice is hereby given that a Judgment in the above- captioned matter has been entered against you as follows: in the sum of $3,965.92, which consists of $3,850.92 as principal and $1.15.00.as costs less payments of $0.00, plus interest thereon from the date of that judgment, as provided by law. NOW, � I V` I I , 2013 JUDGMENT IS E RE AS ABOVE. Prothonotary /Cle`rk, Civil Divslon� `� By: Deputy I hereby'certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: TERESA M SHEELY 680 GENEVA DR MECHANICSBURG PA 170555403 Defendant MICHAEL B. VOLK Attorney ID #88553 PA 0412 File No.: 12- 740491 R � I ✓ •� v � ✓ COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil C V OUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -3 -05 Asset Acceptanc LLC MDJ Name: Honorable Brenda M. Knepper V. Address: 507 North York Street Teresa M Sheely Mechanicsburg, PA 17055 t Telephone: 717- 766 -4575 Michael B. Volk, Esq. Docket No: MJ- 09305- C=00t022 -2Q12 Fulton, Friedman & Gullace, LLP Case Filed: 11/15/20 �'' 'f� 130 B Gettysburg Pike Mechanicsburg, PA 17055 fi _.. , .C CD -T A c , -- ry C Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09305 -CV- 0000222 -2012 Asset Acceptanc, LLC Teresa M Sheely Judgment for Plaintiff 12/21/2012 Judgment Summary Participant Joint /Several Liability Individual Liability Amount Asset Acceptanc, LLC $0.00 $0.00 $0.00 Teresa M Sheely $0.00 $3,965.92 $3,965.92 Judgment Detail ( *Post Judgment) In the matter of Asset Acceptanc, LLC vs. Teresa M Sheely on 12/21/2012 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $3,850.92 $3,850.92 Filing Fees $0.00 $115.00 $115.00 Grand Total: $3,965.92 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. Date Magisterial District Judge Brenda M. Knepper^ certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judg MDJS 315 Page 1 of 2 Printed: 12/21/2012 11:05:54AM T7.31 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ASSET ACCEPTANCE,LLC :❑ Confessed Judgment :❑ Other :Docket No. 13-2753 CIVIL :Principal Amount $3,965.92 :Court Costs $0.00 Less Payments $0.00 TERESA M SHEELY :Interest: $89.96 :Total $4,055.88 680 GENEVA DR APT 14 Atty's Comm: $0.00 MECHANICSBURG PA 170555403 Costs: AND SOVEREIGN Garnishee PRAECIPE FOR ATTACHMENT EXECUTION TO THE PROTHONOTARY: The undersigned hereby certifies that the below does not arise out of retail installment sale, contract or account based on a confession of judgment,but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended;and for real property pursuant to Act 6 of 1974 as amended. Issue writ of attachment in the above matter to the Sheriff of CUMBERL ► i County,for debt, interest costs directing attachment against SOVEREIGN 17 WEST HIGH STRE, ATTN: LEGAL DEPT CARLISLE PA 17013, as Garnishee, for the following property of th d: endant(s): deposit,notes receivables, collateral,pledges, documents of title, securities, coupons and 11 ether property of the defendant(s)in the possession,custody or control of Garnishee. T Date 'r4 ! Signature: r� Print name: MICHAEL B. VOLK Address 6 KACEY COURT SUITE 203 MECHANICSBURG PA 17055 Attorney for: ASSET ACCEPTANCE,LLC Telephone: (877) 386-5396 Supreme Court ID No: #88553 fit DC), ail_ 0-14A; r':::)":)' S '?2/ taidi Ts" C7 • ai; , a__ PA_0512G File No.: 12-740491 M ,560 gY cp/� Qq—) 1 9 it5 616Cielys, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-2753 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ASSET ACCEPTANCE,LLC Plaintiff(s) From TERESA M.SHEELY,680 GENEVA DRIVE,APT. 14,MECHANICSBURG,PA 17055- 5403 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: SOVEREIGN BANK, 17 WEST HIGH STREET, CARLISLE,PA 17013 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; (2) 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$3,965.92 Plaintiff Paid$ Interest$89.96 Attorney's Comm. % Law Library$.50 Attorney Paid$60.25 Due Prothonotary$2.25 Other Costs$ Date: 10/22/13 A/. .. David D. Buell,Prothonotary Deputy REQUESTING PARTY: Name : MICHAEL B.VOLK,ESQUIRE Address: FULTON FRIEDMAN&GULLACE LLP 6 KACEY COURT,SUITE 203 MECHANICSBURG,PA 17055 Attorney for: PLAINTIFF Telephone: 866-563-0809 Supreme Court ID No. 88553 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy . Richard W Stewart Solicitor , .v.. C'f H m 1 c`,'E x fA H Asset Acceptance LLC vs. Case Number Teresa M Sheely 2013-2753 SHERIFF'S RETURN OF SERVICE 10/25/2013 01:37 PM -William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Julie Myers, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 29, 2013 T sa M. Sheely at 680 Geneva Drive,Apt. 14, Mechanicsburg, PA 17055. ILLIAM CLINE, DEPUTY SO ANSWERS, October 28, 2013 RON R ANDERSON, SHERIFF (c?CourAYSWOSheriff,T eoscf?...u. , 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff - Jody S Smith R ' Chief Deputy 131 Richard W Stewart Solicitor OFF„_OF"HE$�ERIFP 1 r- Asset Acceptance LLC Case Number vs. 2013-2753 Teresa M Sheely SHERIFF'S RETURN OF SERVICE 10/25/2013 01:37 PM -William Cline, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Julie Myers, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 29, 2013 to Teresa M. Sheely at 680 Geneva Drive,Apt. 14, Mechanicsburg, PA 17055. 10/31/2013 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED. Defendant filed for bankruptcy on 10-28-13; case number 1:13-bk-05524. SHERIFF COST: $88.26 SO ANSWERS, / October 31, 2013 RbNW R ANDERSON, SHERIFF _ SE) ,0Ai mi Cou tvSuite Sheriff.TeieosoH..irq. USBC PAM-LIVE - VERSION 5.1 Page I of I A h United States Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s)listed below was filed under Chapter 7 of the Unified States Bankruptcy Code,entered on 10/28/2013 at 09:15 AM and filed on Al 10/28/2013. pia. '•-iJ�{�'=Y.'i.a:.;...� �* m Teresa Marie Sheely et ' 680 Geneva Drive Unit 14 Mechanicsburg,PA 17055 171-448-1369 SSN/ITIN:xxx-xx-1472 The case was assigned case number l:13-bk-05524. In most instances,the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances,the stay may be limited to 30 days or not exist at all,although the debtor can request the court to extend or impose a stay.If you attempt to collect a debt or take other action in violation of the Bankruptcy Code,you may be penalized. Consult a lawyer to determine your rights in this case. To view the bankruptcy petition and other documents filed in this case,please visit the following Internet link: http://eef.pamb.uscourts.gov/There is an ,08 fee per page or page view(charges do not apply up to the first per calendar year)and you must first register at this web site: http://pacer.pso.uscourts.gov/Public access computer terminals are also available at the Clerk's Office's two locations,9:00 am to 4:00 pm,M-F(closed on all federal holidays): Max Rosenn US Courthouse, 197 South Main Street,Wilkes-Barre,PA 18701 and Ronald Reagan Federal Building and Courthouse,228 Walnut Street,Harrisburg,PA 17101. You may be a creditor of the debtor.If so,you will receive an additional notice from the court setting forth important deadlines. Terrence S.Miller Clerk,U.S. Bankruptcy Court https://ecf.pamb.circ3.dcn/cgi-bin/NoticeOfFiling.pl?231040 10/28/2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND,COUNTY,PENNSYLVANIA ;:: ASSET ACCEPTANCE,LLC No: 13-2753 CIVIL Plaintiff vs. CIVIL ACTION-LAW L'�,�, ,"„ � TERESA M SHEELY Defendant(s) v %; ft. and SOVEREIGN Garnishee. , • , kW. Fr INTERROGATORIES TO GARNISHEE To: SOVEREIGN 17 WEST HIGH STREET ATTN: LEGAL DEPT CARLISLE PA 17013 PURSUANT TO RULE 3253 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE YOU ARE REQUIRED TO FILE ANSWERS TO THE FOLLOWING INTERROGATORIES WITHIN TWENTY(20)DAYS AFTER SERVICE UPON YOU. FAILURE TO DO SO MAY RESULT IN JUDGMENT AGAINST YOU. A. The term"Defendant(s)" means the individual(s) or entity against whom the Writ of Execution was issued. B. "You" means the main office and all branch offices,representatives,employes and agents of your organization. C. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession,custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. D. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. E. Where exact information cannot be furnished,estimated information is to be supplied.When an estimate is to be used, it should be identified as such, an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. F.Where knowledge or information is possession of a party is requested, such request includes knowledge of the party's agents,representatives,and attorneys. PA_0511 G File No.:12-740491 INTERROGATORIES TO GARNISHEE DEFENDANT(S)-TERESA M SHEELY SS#-XXX-XX-1472 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant(s)on any negotiable or other written instrument, or did the defendant(s)claim that you owed the defendant(s) any money or were liable to the defendant(s)for any reason? NO 2. At the time you were served or at any subsequent time was there in your possession,custody or control or in the joint possession,custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant(s)? YES 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant(s) or in which the defendant(s)held or claimed any interest? NO 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s)had an interest? NO 5. At any time before or after you were served did the defendant(s)transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? NO 6. At any time after you were served did you pay,transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the defendant's direction or otherwise discharged any claim of the defendant(s)against you? NO 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant(s)have funds on deposit in an account in which funds were deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law?If so, identify each account number and state the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. NO PA 0511G File No.:12-740491 DEFENDANT(S)-TERESA M SHEELY SS#-XXX-XX-1472 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds in deposit,not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123?If so, identify each account. NO 9. Please identify all accounts not listed in your answer to interrogatory No. 7, the amount of funds in each account, whether the funds are deposited electronically on a recurring basis and the entity electronically depositing those funds. If the defendant(s) maintains any of those accounts jointly with any other person, or persons, give their name,address and relationship to the defendant. NO 10. Are there any attorney's fees or processing fees charged by you against the defendant(s)or account(s)of the defendant(s)for the completion of this answer?If yes,outline the exact amount of any fees due and owing to the garnishee or the attorney for the garnishee for the preparation to the Answer. NO 11. Please provide the name,business address and business telephone of the person answering these interrogatories. SEE ATTACHED 12. Please provide the address and telephone number where to e c urt documents pertaining to this case can be served on Garnishee. SEE ATTACHED MICHAEL B. VOLK#88553 FULTON,FRIEDMAN&GULLACE,LLP 6 KACEY COURT SUITE,203 MECHANICSBURG,PA 17055 (877) 386-5396 Attorney for Plaintiff Please return your Answer to Interrogatories to counsel for Plaintiff at PO BOX 2123 WARREN MI 48090-2123. PA 0511G File No.:12-740491 ANSWERS TO INTERROGATORIES Account# 1681711133 Balance: $2,177.60 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this account is $1,877.60. Account Holder: TERESA M SHEELY 680 GENEVA DR APT 14 MECHANICSBURG, PA 17055-5403 VERIFICATION I, John S. Gomes, C.O.P. Lead Specialist of Santander, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Santander 111 r/ By' I, John S. Gomes C.O.P. Lead Specialist IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ASSET ACCEPTANCE LLC vs. TERESA M SHEELY CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: MICHAEL B VOLK FULTON, FRIEDMAN & GULLACE LLP • 6 KACEY COURT, STE. 203 MECHANICSBURG, PA 17055 Service by certified mail addressed as follows: TERESA M SHEELY 680 GENEVA DR APT 14 MECHANICSBURG, PA 17055-5403 dr I vat ohn S. Gomes C.O.P. Lead Specialist Santander MA1 MB3-02-10 2 Morrisey Boulevard Boston, MA 02125 November 8, 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA ASSET ACCEPTANCE,LLC No: 13-2753 CIVIL Plaintiff vs. CIVIL ACTION-LAW TERESA M SHEELY Defendant(s) PRAECIPE TO DISCONTINUE ATTACHMENT TO THE PROTHONOTARY: Please discontinue the Writ of Execution filed against Gadee� OVEREIGN 17 WEST HIGH STREET ATTN: LEGAL DEPT CARLISLE PA 17013,in the ref atter wit hout prejudice. MICHAEL B. VOLK#88553 FULTON,FRIEDMAN&GULLACE,LLP 6 KACEY COURT SUITE 203 MECHANICSBURG,PA 17055 (877) 386-5396 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office, first class mail,postage prepaid,addressed as follows: VICKI PIONTEK 951 ALLENTOWN RD LANDSDALE PA 19446 L MICHAEL B. VOLK Attorney ID#88553 rn to . �C Cs q �. PA-0508G File No.:12-740491