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HomeMy WebLinkAbout12-0935CAPITAL ONE BANK In the Court of Common Pleas of c/o Edwin A. Abrahamsen & Assoc. CUMBERLAND County, Pennsylvania 120 North Keyser Ave. Civil Division Scranton, PA 18504 - = Plaintiff ?y.? s 'rd 6b GL ` 4 9 rrt a) m -n M ca -? ' NO: ?J ?> W c, , vs. o TIMOTHY A WOLAVER !f PRAECIPE FOR ENTRY OF JUDGME N CD f?? 1145 REDWOOD DR V, CARLISLE PA 17013-1384 o 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: November ] , 2011 13) Amount of Judgment: $1,776.90 C) Interest From: November 1, 2011 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: CAPITAL ONE BANK c/o Edwin A. Abrahamsen & Assoc. 120 North Keyser Ave. Scranton, PA 18504 4) I hereby certify that the address of the defendant is: TIMOTHY A WOLAVER 1145 REDWOOD DR CARLISLE PA 17013-1384 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 "No 0 C ? ? X09 ?1 CAPITAL ONE BANK In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division Plaintiff ' vs. : NO: TIMOTHY A WOLAVER 1145 REDWOOD DR NOTICE OF FILING JUDGMENT CARLISLE PA 17013-1384 Defendant Notice is herby given that a money judgment in the above-captioned matter has been entered against you in the amount of $ W141 o on C21 13 Ila wow* By: If you have any questions regarding this notice, please contact the filing parry: 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) CAPITAL ONE BANK c/o Edwin A. Abrahamsen & Assoc. 120 North Keyser Ave. Scranton, PA 18504 Plaintiff vs. TIMOTHY A WOLAVER 1145 REDWOOD DR CARLISLE PA 17013-1384 Defendant State of Pennsylvania County of CUMBERLAND SS: In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division NO: AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): TIMOTHY A WOLAVER 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): TIMOTHY A WOLAVER is(are) older than eighteen years of age; That the employment status of the defendant(s): TIMOTHY A WOLAVER is(are) unknown. Subscribed before me thio day COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-2-02 MDJ Name: Honorable Jessica Brewbaker Address: 18 North Hanover Street, Suite 106 Carlisle, PA 17013 Telephone: 717-240-6564 Capital One Bank C/O Edwin A. Abrahamen 120 North Keyser Av Scranton, PA 18504 Disposition Summary Docket No MJ-09202-CV-0000122-2011 Judgment Summary Participant Capital One Bank Timothy A Wolaver Notice of Judgment/Transcript Civil Case Plaintiff Defendant Capital One Bank Timothy A Wolaver Joint/Several Liability Individual Liability $0.00 $0.00 $0.00 $1,776.90 Capital One Bank V. Timothy A Wolaver Docket No: MJ-09202-CV-0000122-2011 Case Filed: 7/20/2011 Disposition Disposition Date Default Judgment for Plaintiff 11/01/2011 Amount $0.00 $1,776.90 Judgment Detail (*PostJudgment) In the matter of Capital One Bank vs. Timothy A Wolaver on 11/01/2011 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $1,680.40 $1,680.40 Costs $0.00 $96.50 $96.50 Grand Total: $1,776.90 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. U D& EQIIIESUNL TeU G NTIll ENT T R s ' TH E. I OEAL 'IS N CGTHE J ??fTe EEN?T6EBTOR 1?A?'Sf?'t7i C"SE ' OR OTHERWISE COMPLIES WITH THE JUDGMENT. O&MA- Date Magisterial District Judge Jessica Brewbaker+ certify that this is a true an correct copy o the record o the procee i s c taming the judgment. L ? I tt ?.4 Date. agi erial District Judge Jessica Brewbaker MDJS 315 Page 1 of 2 Printed: 11/01/2011 2:37:58PM 1NAICaoL3 2 012 FEB 13 PM 1: 41 CUMBERLAND COUNTY PENNSYLVANIA Request for Military Status Page I of 2 Department of Defense Manpower Data Center Feb-03-2012 12:30:21 4D Military Status Report Pursuant to the Service Members Civil Relief Act t Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency WOLAVER 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). 14. kwA?? A*t/q 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 httr)://www.defenselink..mil/faq/l)is/PC09SLDR.htmI. 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 2/3/2012 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:CRFTEMF I BR https://www.dmdc.osd.mil/appj/scra/popreport.do 2/3/2012 rCAPITAL ONE BANK (USA), N.A. 3 i? In the Court of Common Pleas Plaintiff CUMBERLAND County, Pent y? vania Civil Division ump..i p ,? AND COUNT" f~tl t.- vs.R'LYAh?1A TIMOTHY A WOLAVER 1145 REDWOOD DR NO: 2012-935CIVIL CARLISLE PA 17013-1384 Defendant vs. METRO BANK 65 ASHLAND AVE CARLISLE, PA 17013 Garnishee Praecipe for Entry of Appearance Kindly enter my appearance on behalf of CAPITAL ONE BANK (USA), N.A. in the above- captioned matter. Date: April 16, 2012 Signature: Print N4 Telephone No: 5( 70) 5 Supreme Court ID No: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-935 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK (USA), NA, Plaintiff (s) From TIMOTHY A WOLAVER, 1145 Redwood Drive, Carlisle, PA 17013-1384 (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 1701 any and all accounts of the defendant, in the possession of the 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: 199-60-3402 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 $1,776.90 Interest -- $18.40 Atty's Comm % Atty Paid $62.75 Plaintiff Paid Date: 5/3/12 (Seal) L.L. $.50 Due Prothy $2.25 Other Costs David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name MICHAEL F. RATCHFORD, ESQUIRE Address: EDWIN A. ABRAHAMSEN & ASSOCIATES, PC 120 N 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. 3252,3111 (a) CAPITAL ONE BANK (USA), N.A. Plaintiff In the Court of Common Pleas of CUMBERLAND County, Pennsylvania vs. Civil Division TIMOTHY A WOLAVER 1145 REDWOOD DR CARLISLE PA 17013-1384 NO: 2012-935CIVIL Defendant -- C-) NIS. PRAECIPE FOR WRIT OF EXECUTION ,?1u .' , METRO BANK ATTACHMENT 65 ASHLAND AVE CARLISLE, PA 17013 : Garnishee (MONEY JUDGMENT) 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: TIMOTHY A WOLAVER (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): 199-60-3402; (5) Judgment Amount $1,776.90 Interest 18.40 Clerks Fee $ Sheriff $ Poundage $ Total $ Date: April 16, 2012 %9 9. oC FA s 1. as eeF aAl a, so Edwin A. Abrahamsen & Associate P.C. Attorney for Plaintiff mratchford@eaa-law.com W. )s - P6 ^7-ry ?' . 50 LL C?? I S9S8 aOy(1°-7 Wv j 6 f & T3w,d SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4vOAr c,t tti?G"N411# 4Ff;,E(: T?--___ER-?r HE i''•.C! j ii rN0 TA i) 2012 MAY 16 PM 2: 51 CUMBERLANO COUNTY PENNSYLVANIA Capital One Bank (U.S.A.) N.A. vs. Timothy A Wolaver Case Number 2012-935 SHERIFF'S RETURN OF SERVICE 05/11/2012 01:33 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2012 at 1333 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Timothy A. Wolaver, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Deneen Raudabaugh, Teller II, 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 May 15, 2012 to Timothy A. Wolaver at 1145 Redwood Drive, Carlisle, PA 17013. SO ANSWERS, May 15, 2012 RON R ANDERSON, SHERIFF C/ Noah Cline, Deputy (c'; CcuirgSuite Sheriff, Telecseft. Inc. CAPITAL ONE BANK (USA), N.A. Plaintiff vs. TIMOTHY A WOLAVER 1145 REDWOOD DR CARLISLE PA 17013-1384 Defendant vs. METRO BANK 65 ASHLAND AVE CARLISLE, PA 17013 Garnishee In the Court of Common Pleas of CUMBERLAND County, Pennsylva Civil Division NO: 2012-935CIVIL T(Z: 77 - n r -- Praecipe to Dissolve the Attachment against Garnishee To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Dissolve the Attachment against Garnishee. Thank you, Michael F. fZatchford, E uire Edwin A. Abrahamsen Associates. P.C. Lawyer iD # 86285 Sworn and subscribed before me on this day of 20 rn n Notary Norodai Sea{ ??.+bB+u City of Saantozl, laci &Wann;? C u"ty 1 2,v15 My co71?"1'"` FYCD' e&.3v? y LC3, a0} Ck4 17 S qZ Q14 a-7s "t.3S CAPITAL ONE BANK (USA), N.A In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania'- Civil Division r vs. ; TIMOTHY A WOLAVER NO: 2012-935CIVIL - Defendant Praecipe to Satisfy the Judgment PRAECIPE TO SATISFY THE JUDGMENT To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Satisfy the Judgment. Thank you, Edwin A. Abrahamsen & Lawyer ID # 86285 120 N. Keyser Avenue Scranton PA 18504 P.C.