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HomeMy WebLinkAbout10-5879 ASSET ACCEPTANCE LLC ASGN CAPITAL In the Court of Common Pleas of ONE CUMBERLAND County, Pennsylvania c/o Edwin A. Abrahamsen & Assoc. Civil Division 120 North Keyser Ave. Scranton, PA 18504 Plaintiff NO: 16 VS. PRAECIPE FOR ENTRY OF JUDGMENT ANDREW E WALTER 314 N FRONT ST WORMLEYSBURG PA 17043 Defendant To the Prothonotary of CUMBERLAND County: 1) Enter Judgment on the attached Certified copy of Judgment from a District Justice A) Date of Instrument: 4/05/10 B) Amount of Judgment: $967.66 C) Interest From: 4/05/10 2) Enter the judgment in favor or the original holder, or (unless expressly forbidden in the instrument) in favor of the assignee or other transferee; 3) I hereby certify that the address of the plaintiff is: ASSET ACCEPTANCE LLC ASGN CAPITAL ONE 0 c/o Edwin A. Abrahamsen & Assoc. 120 North Keyser Ave. t? n - Scranton, PA 18504 6 C 4) I hereby certify that the address of the defendant is: C- =a ` C. 2 r?i ? w ANDREW E WALTER 314 N FRONT ST WORMLEYSBURG PA 17043 A A ichael t chford, Esquire A orney r Plaintiff Michael F. Ratchford, Esquire Edwin A. Abrahamsen & Associates, P.C. 120 N. Keyser Ave Scranton, PA 18504 570-558-5510 Ext. 101 Attorney ID 86285 1 ?4- Pkf J }'? ?. a2SF?ll?.? (IscC - COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CIIMBERLAND Mag. D,st. No_ 09-1-02? MDJ Name. Hon. BARBARA A. CLARE Address. 1901 STATE ST CAMP HILL, PA reehone (717 761-0583 17011 C/O EDWIN A ABRAHAMSEN & ASSOC NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rASSET ACCEPTANCE/CAPITAL ONE BANK 7 120 N KEYSER AVE SCRANTON, PA 18504 L J VS. DEFENDANT: NAME and ADDRESS FWALTER, ANDREW E 314 N FRONT ST WORMLEYSBURG, PA 17043 L J 120 N KEYSER AVE Docket No.: CV- 0000089 -10 SCRANTON, PA 18504 Date Filed: 2/26/10 THIS IS TO NOTIFY YOU THAT: J'uti DEFALT.,,_ .. PLTF 4/-0 5 /10_ - grrie-itt: ? (Date of-Judgment) ® Judgment was entered for: (Name) T Judgment was entered against: (Name) in the amount of $ 967. G ? Defendants are jointly anhl severally liable. F1 Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 861.16 Judgment Costs $_ 10 .50 Interest on Judgment $ Attorney Fees $?D Total $ 967.66 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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 THE 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 MOLDER-ELECTS TO,ENTER THE JUDGMENT IN THE CURT 4,0F_G0"ON PLEAS, AI:L FURT -ER 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. C - , `" f I'1 r i -? =t1,? Z 116 /J6 Date z Magisterial Distric Judi; I certify tha this is a true anal react copy of the reco?Oif t rceedings containing the judgment. 4Q5 Ul_ Date My commission expires first Monday of January, 2011 ASSET ACCEPTANCE/CAPITAL ONE B WALTER, ANDREW E Magisterial District Judge SEAL Qtb AOPC 315-07 DATE PRINTED: 4/05/10 3:51:00 PM LO,1LI 27 ASSET ACCEPTANCE LLC ASGN CAPITAL In the Court of Common Pleas of ONE CUMBERLAND County, Pennsylvania c/o Edwin A. Abrahamsen & Assoc. Civil Division 120 North Keyser Ave. Scranton, PA 18504 Plaintiff vs. ANDREW E WALTER 314 N FRONT ST WORMLEYSBURG PA 17043 Defendant NO: AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): ANDREW E WALTER is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): ANDREW E WALTER is(are) older than eighteen years of age; That the employment status of the defendant(s): ANDREW E WALTER is(are) unknown. NOTANIAL SEAL LEE PER°i? nNE Notary P`,ol!? SCRANTON CrT?. LAG (F'.?`?r :AC 0N1Y My Commisswrl f xpres >p014 Lee 1 erricone, Notcal y Public Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Sep-09-2010 08:40:08 -< Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency WALTER ANDREW Based on the information you have furnished, the DMDC does not possess E any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Service Members 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 the individual is currently on active duty" responses, and has experienced 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 is on active duty, or is otherwise entitled 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 http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 9/9/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. 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. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. 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 have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:BLQSNJVIMA https://www.dmdc.osd.mil/appj/scra/popreport.do 9/9/2010 ASSET ACCEPTANCE LLC ASGN CAPITAL In the Court of Common Pleas of ONE CUMBERLAND County, Pennsylvania Civil Division Plaintiff : NO: vs. ANDREW E WALTER 314 N FRONT ST WORMLEYSBURG PA 17043 Defendant NOTICE OF FILING JUDGMENT Notice is herby given that a money judgment in the above-captioned matter has been entered against you in the amount of $ !?L7. L L on /31!d 1. 1 If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 120 N. Keyser Avenue Scranton, PA 18504 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5879 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ASSET ACCEPTANCE LLC ASGN CAPITAL ONE Plaintiff (s) From ANDREW E WALTER, 314 North Front Street, Wormleysburg, PA 17043 (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: METRO BANK, 65 ASHLAND AVENUE, 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; (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 $862.16 Interest $33.87 Atty's Comm % Atty Paid $54.25 Other Costs Plaintiff Paid Date: JULY 7, 2011 (Seal) L.L. $.50 Due Prothy $2.00 L David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name MICHAEL F. RATCHFORD, ESQUIRE Address: EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. 120 NORTH KEYSER AVENUE SCRANTON, PA 18504 Attorney for: PLAINTIFF Telephone: 570-558-5510 Supreme Court ID No. PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENT) RULES PA. R.C.P. 322,3111 (a)te ASSET ACCEPTANCE LLC ASGN CAPITAL rW C' ONE In the Court of Common Pleas of mCO L- y'' l P.O. Box 2036 CUMBERLAND County, PennsylvaniaZmm C= t-- -am Warren MI 48090-2036 Civil Division mac:) Plaintiff --4C:) o-n VS. xp Z NO: 10-5879 ---Im ANDREW E WALTER : 314 N FRONT ST WORMLEYSBURG PA 17043 Defendant PRAECIPE FOR WRIT OF EXECUTION AND ATTACHMENT vs. METRO BANK 65 ASHLAND AVE (MONEY JUDGMENT) CARLISLE, PA 17013 Garnishee To the Prothonotary: TO SATISFY THE JUDGMENT, ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) Against: ANDREW E WALTER (3) And against: METRO BANK 65 ASHLAND AVE CARLISLE, PA 17013 (4) and index this writ (a) against Defendant(s) (b) against METRO BANK 65 ASHLAND AVE CARLISLE, PA 17013 Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s), any and all accounts of the defendant(s), in the possession of Garnishee, including but not limited to savings account balances; checking account balances; Certificates of Deposit; Money Market Accounts; contents of Safety Deposit Boxes. Defendant's SSN(s): 194-54-7874; (5) Judgment Amount Interest Payment Clerks Fee Sheriff Poundage Total Date: June 23, 2011 a?. as $967.66 $33.87 ??++ ^ $105.50 s O?D d! b ''Michael F. Ratchford, Esquire Edwin A. Abrahamsen & Ass iates P.C. Attorney for Plaintiff mratchford a eaa-law.com I t.a. cu DLUE C? G. So c-L- e?U- 12T03 es iq(w sog ASSET ACCEPTANCE LLC ASGN CAPITAL ONE P.O. Box 2036 Warren MI 48090-2036 Plaintiff vs. ANDREW E WALTER 314 N FRONT ST WORMLEYSBURG PA 17043 Defendant vs. METRO BANK 65 ASHLAND AVE CARLISLE, PA 17013 Garnishee In the Court of Common Pleas of , - CUMBERLAND County, Pennsylvania Z 4 t_ =, -`' Civil Division -vM ..... ---q Co v NO: 10-5879 D =-n M0 h Z`t1 5;c:: 7 °r Chi ? ? AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): ANDREW E WALTER; is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): ANDREW E WALTER; is(are) older than eighteen years of age; That the employment status of the defenda Subscribed before me this 5+ day of -?c otary Public NOTIAMAL SEAL LEE Pf.RMICONE Natary E'utai;c SCRANTM CTY, IJICKAWANNA COUNTY Wy Ccrnin::sir?n Eupire3 Apr2, 2014 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jul-06-2011 10:57:15 -4.' La Name First/Middle Begin Date Active Duty Status Active Duty End Date Service I Agency WALTER ANDREW Based on the information you have furnished, the DMDC does not possess E any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). owy, Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Service Members 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 the individual is currently on active duty" responses, and has experienced 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 is on active duty, or is otherwise entitled 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 Imp://www.defenselink inil/1'ag/pis/lIC09S1 nlZ litml. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 7/6/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. 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. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. 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 have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:431EQNKP6I https://www.dmdc.osd.mil/appj/scra/popreport.do 7/6/2011 ASSET ACCEPTANCE LLC ASGN CAPITAL ONE P.O. Box 2036 Warren MI 48090-2036 Plaintiff vs. ANDREW E WALTER 314 N FRONT ST WORMLEYSBURG PA 17043 Defendant vs. METRO BANK 65 ASHLAND AVE CARLISLE, PA 17013 Garnishee In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division NO: 10-5879 c? -, t7 ? -- A M- -<> c-? 0 _? :- .-.f rv D Cn ::0 Praecipe for Entry of Appearance Kindly enter my appearance on behalf of ASSET ACCEPTANCE LLC ASGN CAPITAL ONE in the above-captioned matter. Date: June 23, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?ttti,ty >71 rrn?rtGrrf r ILED-OFI' ICE ?" THE PR0THOF 0T,,kk 2011 JUL 15 Ate 8: E 3 CUMBERLAND OOUNTY PENNSYLVANIA Asset Acceptance LLC ASGN Capital One vs. Andrew E Walter Case Number 2010-5879 SHERIFF'S RETURN OF SERVICE 07/13/2011 02:51 PM - Michael Barrick, 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, Metro Bank at 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to CAROL WALTER--- SERVICE REP, personally 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 July 14, 2011 to Andrew E. Walter at 314 N. Front Street, Wormleysburg, PA 17043. SHERIFF COST: $102.74 July 14, 2011 ,C) Countysuito Shent 1eieosuft Inc. SO ANSWERS, RON R ANDERSON, SHERIFF Michael Barricc, Deputy" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Anderson S Smith of Deputy dchard W Stewart Solicitor Asset Acceptance LLC ASGN Capital One vs. Andrew E Walter :: aA SHERIFF'S RETURN OF SERVICE HT RR0THl",Nb ri A, . 2012 FEB 22 PM 3= 00 CUMBERLAND COUNTY PENNSYLVANIA Case Number 2010-5879 07/13/2011 02:51 PM - Michael Barrick, 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, Metro Bank at 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to CAROL WALTER--- SERVICE REP, personally 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 July 14, 2011 to Andrew E. Walter at 314 N. Front Street, Wormleysburg, PA 17043. 02/22/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $88.12 February 22, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF