Loading...
HomeMy WebLinkAbout11-9075SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor a9.,.n(r?,t?,, rG FILLO-UI+FICE:. DF THE PROTHONOTARY 2011 DEC 22 PM 2: 30 CUMBERLAND COUNTY PENNSYLVANIA Discover Bank Case Number vs. Russell D. Tiday 2011-9075 SHERIFF'S RETURN OF SERVICE 12/13/2011 07:51 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2011 at 1951 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Russell D. Tiday, by making known unto himself personally, at 5133 S. Deerfield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY,/,,,- SHERIFF COST: $38.00 December 16, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF . `: coin T .. ,so't. Inc. . IN THE COURT OF COMMON PLEAS 1..`ol [16NOTAR't CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FE B. _8 A.4 If: 14 Discover Bank, Through Its Servicing Agent., '+=+iLAID COUNTY DB Servicing Corporation `' NNSYLVANIA Plaintiff' vs. Civil Action No. 11-9075 CIVIL RUSSELL D TIDAY PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant RUSSELL D TIDAY above named, in the default of an Answer, in the amount of $12632.02 computed as follows: Amount claimed in Complaint Less payments / adjustment: made Interest on the remaining principa from September 30, 2011 to January @ the interest rate of 29.9900 Attorney's fees TOTAL $11723.45 $225.00 1 balance 27, 2012 per annum $1133.57 $0.00 $12632.02 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. armbrodt,42 093952081 Cl A P=_t SJS Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsbur h, PA 15219 And that the last known address of the fendant is RUSSELL D TIDAY 5133 S DEERFIELD AVE MECHANICSBURG, PA 17050 OLVV,k % l l0 . -% a d Ckjtw3 cn96q IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent DB Servicing Corporation Plaintiff Case No. 11-9075 CIVIL VS RUSSELL D TIDAY Defendant: IMPORTANT NOTICE TO: RUSSELL D TIDAY 5133 S DEERFIELD AVE MECHANICSBURG, PA 17050] Date of Notice: _ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: _ Matthew Urban P.A.I. D.# 90963 WELTMAN, WEINBERG & REIS CO., L,P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 (412) 338-7130 9395208 A PIT H4N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs. RUSSELL D TIDAY Civil Action No. 11-9075 CIVIL NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant , RUSSELL D TIDAY is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the DMDC does not possess any information indicating that the below individual is in the military service: RUSSELL D TIDAY 5133 S DEERFIELD AVE MECHANICSBURG, PA 17050 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsification to authorities. Rgquest for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page I of 2 Feb-01-2012 12:14:27 -< Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency TIDAY RUSSELL Based on the information you have furnished, the DMDC does not possess 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). 410, 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://ww-?v.defetiselink.mil/faq/pis/P(:`09SI,f.)R.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. httns•//VVVVw (hnd nsri mil/anni/cnra/nnnrennrt (in ?/1 00I ? 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 U SC § 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 (NOAH 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:EU32DMMKMT httnc•//www di ndr, n-,d mil/anni/ccra/nnnr,-nnrt yin ?/1 /x(11 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff VS. Civil Action No. 11-9075 CIVIL RUSSELL D TIDA.Y NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order of Judgment was entered against you on F',elo ?4L ate? (xx) Assumpsit Judgment in the amount of $12632.02 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default. ( ) Verdict. ( ) Arbitration Prothonotary By: - 4--? - RUSSELL D TIDAY 5133 S DEERFIELD AVE MECHANICSBURG, PA 17050 Plaintiff's address is: C/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 WELTMAN, WEINBERG & REIS,CO., L.P.A. BY: William T. Molczan,47437 I.D. No. 47437 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 File # 09395208 C A Pit SJS Discover Bank, Through Its Servicing Agent, DB Servicing Corporation VS. RUSSELL D TIDAY TO THE PROTHONTARY: Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CASE NO. 11-9075 CIVIL PRAECIPE TO SATISFY Kindly mark the case and judgment entered against Defendant RUSSELL D TIDAY as satisfied. WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Molc jn Attorney for P Cow`k sc?,sap4 ay..,kk SLi23)S 'EV. 35401(4,