Loading...
HomeMy WebLinkAbout12-2687r . CAPITAL ONE BANK (USA), * 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 -< n tU °?? NO fi : vs. C-' 'Q :w' ?-. - LAWRENCE W SMERLING PRAECIPE FOR ENTRY OF JUDGMI dF Na 6315 BRANDY LN MECHANICSBURG PA 17050-2812 -- '.0 _ Defendant To the Prothonotary of CUMBERLAND County: 1) Enter Judgment on the attached Ce rtified copy of Judgment from a District Justice . A) Date of Instrument: February 09, 2012 13) Amount of Judgment: $1,289.90 C) Interest From: February 09, 2012 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 (USA), * c/o Edwin A. Abrahamsen & Assoc. 120 North Keyser Ave. Scranton, PA 18504 4) I hereby certify that the address of the defendant is: LAWRENCE W SMERLING 6315 BRANDY LN MECHANICSBURG PA 17050-28L 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 Iza a-1yyff.5 ti'r -k f-. N 1-j je CAPITAL. ONE BANK (USA), * In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division Plaintiff NO: vs. LAWRENCE W SMER LING 6315 BRANDY LN NOTICE OF FILING JUDGMENT MECHANICSBURG P.A. 17050-2812 Defendant Notice is herby given that a money judgment in the above-captioned matter has been entered against you in the amount of $ D $ 5. 'i b on lil .,I By 3.0 4: c3woo 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) CAPITAL ONE BANK (USA), * 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 vs. LAWRENCE W SMERLING AFFIDAVIT UNDER SOLDIERS AND SAILORS 6315 BRANDY LN RELIEF CIVIL, RELIEF ACT OF 1940 AS MECIIANICSBURG PA 17050-2812 AMENDED Defendant : 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): LAWRENCE W SMERLING 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): LAWRENCE W SMERLING is(are) older than eighteen years of age; That the employment status of the defendant(s): LAWRENCE W SMERLING is(are) unknown. ichae F. Ratchford, squire sSubscribed before me this day of ??d 20? 'P ? , a, T,-ir?cYIVANIA ,IF aj Notary P 11 c U ?Y Cloy C.t Ft .?+;, ?1}. J 7 h?Y r x?rs i ' ? s .1 S COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Paula P. Correal Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Capital One Bank c/o Edwin A Abrahamsen & Asscoiates, P.C. 120 N. Keyser Avenue Scranton, PA 18504 Disposition Summary Docket No Plaintiff Defendant MJ-09304-CV-0000515-2011 Capital One Bank Lawrence W Smerling Judgment Summary Participant Joint/Several Liability Individual Liability Capital One Bank $0.00 $0.00 Lawrence W Smerling $0.00 $1,289.90 Capital One Bank V. Lawrence W Smerling Docket No: MJ-09304-CV-0000515-2011 Case Filed: 10/6/2011 Disposition Disposition Date Default Judgment for Plaintiff 02/09/2012 Amount $0.00 $1,289.90 Judgment Detail (*Post Judgment) In the matter of Capital One Bank vs. Lawrence W Smerling on 2/09/2012 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 $1,161.53 $1,161.53 Filing Fees $0.00 $86.50 $86.50 Costs $0.00 $10.00 $10.00 Server Fees $0.00 $31.87 $31.87 Grand Total: $1,289.90 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 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, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Magisterial District Judge Paula A. Correal {mss^' certify that this is a true an correct copy o the record o the proceeding s co t e ju gment. Date IvIdg-is-rerial District Judge Paula . 19-Correal MDJS 315 Page 1 of 2 Printed: 02/09/2012 1:11:31 PM Capital One Bank v. Lawrence W Smerling Participant List Plaintiff(s) Capital One Bank c/o Edwin A Abrahamsen & Asscoiates, P.C. 120 N. Keyser Avenue Scranton, PA 18504 Defendant(s) Lawrence W Smerling 6315 Brandy"Lane Mechanicsburg, PA 17050 Complainant's Attorney(s) Attorney Michael F. Ratchford, Esq. Edwin A. Abrahamsen & Associates, PC 120 North Keyser Ave. Scranton, PA 18504 -,,,. *, ,-NW Docket No.: MJ-09304-CV-0000515-2011 '- I t 1. - ,. C_ - < C"? C) T.., C:) -4 _ ?. MDJS 315 Page 2 of 2 Printed: 02/09/2012 1:11:31 PM Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page I of 2 Mar-] 6-2012 12:03:46 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency /LAWRENCE Based on the information you have furnished, the DMDC does not SMERLING W 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). 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 htti)://www.defenselink.mil/fag/pis/PC09SLDR.htm1. 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 3/16/2012 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 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 (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:613RRGK931 https://www.dmdc.osd.mil/appj/scra/popreport.do 3/16/2012