HomeMy WebLinkAbout12-6328CAP[TAL ONE BANK (USA), NA 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 ~ (~ ~1 '
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ESTHER FISHBURN PRAECIPE FOR ENTRY OF JUDGMEI~Ti~ ~} ~`~ i ~~ ~ ~-~;
1053 ALLENDALE RD APT J =~ ~,- ~, e~.j -
MECHANICSBURG PA 17055-4457 <>>P'_
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To the Prothonotary of CUMBERLAND County: :.> -by
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I) Enter Judgment on the attached Certified copy of Judgment from a District Jus tice.
A) Date of Instrument: December 30, 2011
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B) Amount of Judgment: $5,036.40
C) Interest From: December 30, 2011
Enter the judgment in favor or the original holder, or (unless expressly forbidden in
the instrttment) in favor of the assignee or other transferee;
I hereby certify that the address of the plaintiff is:
CAPITAL ONE BANK (USA), NA
c/o Edwin A. Abrahamsen & Assoc.
120 North. Keyser Ave.
Scranton, PA 18504
I hereby certify that the address of the .iafanr~ant ic•
ESTHER FISHBURN
1053 ALLENDALE RD APT J
MECHANICSBURG PA 17055-44
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
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CAPITAL ONE BANK (USA), NA In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Civil Division
Plaintiff
: NO: I ~ ~ l.U J~
vs.
ESTHER FISHBURN
1053 ALLENDALE RD APT J NOTICE OF FILING JUDGMENT
MECHANICSBURG PA 1.7055-4457
Defendant
Notice is herby given that a money judgment in the above-captioned matt r ha been entered
against you in the amount of $ sC) ~ ~ , y O on ® 'a.
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By: 'n 6"
If you have any questions regarding this notice, please contact the tiling party:
Edwin A. Abrahamsen & Associates
120 N. Keyser Avenue
Scranton, PA 1.8504
Telephone: (570)-558-5510
(Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236)
CAPITAL ONE BANK (USA), NA
c/o Edwin A. Abrahamsen & Assoc.
120 North Keyser Ave.
Scranton, PA 18504
vs.
ESTHER FISHBURN
1053 ALLENDALE RD APT J
MECHANICSBURG PA 17055-4457
State of Pennsylvania
County of CUMBERLAND SS:
In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Civil Division /~
Plaintiff I ~, ~ 3~p / ~'~~ /
NO: OO l~+
AFFIDAVIT UNDER SOLDIERS AND SAILORS
RELIEF CIVIL RELIEF ACT OF 1940 AS
AMENDED
Defendant
Michael F. Ratchford, Esquire being duly sworn according to Iaw deposes and says that the
above named defendant(s): ESTHER FISHBURN 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): ESTHER FISHBURN is(are) older than eighteen years of age;
That the employment status of the defendant(s): ESTHER FISHBURN is(are) unknown.
coMrronwEairH t~ r~Nn~.mvaN1A
NodMal seal
Dana L. Stlllarty, Notary Publk
Qty d Sorantan, Lackawanna County
My Conunl~ion Expires ]uly 21, 2015
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND
Case
Mag. Dist. No: MDJ-09-3-05
MDJ Name: Honorable Mark Martin
Address: 507 North York Street
Mechanicsburg, PA 17055
Telephone: 717-766-4575
Attorney Michael F. Ratchford, Esq.
Edwin A. Abrahamsen & Associates, PC
120 North Keyser Ave.
Scranton, PA 18504
Capital One Bank (USA), N.A.
V.
Esther Fishburn
Docket No: MJ-09305-CV-0000346-2011
Case Filed: 10/6/2011 a-->
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Disposition Summary _ _ _ ~ ~ u? _ _ T
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-~ Plaintiff Defendant Disposition 'Qjsndi'~tion-Date
MJ-09305-CV-0000346-201.1. Capital One Bank (USA), N.A. Esther Fishburn Default Judgment for Plaintiff 12/30/2011
Judgment Summary _ _ _ _. ...
Participant JoinUSeveral Liability Individual Liability Am n
Capital One Bank (USA), N.A. $0.00 $0.00 $0.00
Esther Fishburn $0.00 $5,036.40 $5,036.40
JudgmentDetail (*PostJudgment)
In the matter of Capital One Bank (USA), N.A. vs. Esther Fishburn on 12/30/2011 the disposition is Default Judgment for Plaintiff and
judgment was awarded as follows:
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Filing Fees $0.00 $181.28
$181.28
Civil Judgment $0.00 $4,855.12 $4,855.12
Grand Total: $5,036.40
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 Judae Mark Martin
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ce i a is is a rue an correct copy o t e recur o e procee mgs con aini a lu gm
Date Magisterial District Judge Mark Martin
MDJS 315 Page 1 of 2 Printed: 12/30/2011 10:00:55AM
Nfl i i509~
Department of Defense Manpower Data Center
~~
suit tv Sert-i~e~nem'bers Civil Rlelief ~1ct
Last Name: FISHBURN
First Name: ESTHER
Middle Name:
Active Duty Status As Of: Sep-18-2012
Results as of :Sep-18-2072 10:40:20
SCRA 2.3
on Active Dury On AcSve Dray Status Date
Active Duly Start Date Active Duly EM Date Status ServiceComponerit
NA NA ~ - . ~ - _-_ NA
This response reflects the individuals' actve duly staNs based on the Acpve Duty Status Date
Leff Active Dury Vrkthin 367 Days d Active Duty Shtus Date
Active Duty StaA Date Alive Duty End Date Status Service Cgrnppnenl
.
NA NA No - NA
This response reflects where lie indvidual left active dWy-9taNSwittYr1367 days preceding the Active Dufy Status Date
The Member or F4isilter {1nq Was Notified d a Fuoxe Catl-lJp 1o Active Duty on Active Duty Stahis Date
Ostler Notifi[atiw~ Start Dale Order Notification Erd Dale StaWS Service ~Wo~'nl
NA NA ~ tJO. ~- - NA
This response reflects whether the fndnidtial or his/her unit has received eaAYnotir~~n Ito report for active duty
Upon searching the data banks of the Department of Defense Manpower Daia Centor, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
~~ -~.
Mary M. Snavely-Dixon, Director
Department of Defense -Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) 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 Servicemembers 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 only 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 was on active duty for the active duty status date, 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 was on active duty for the active duty status
date 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).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in [his certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense 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 Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (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).
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. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
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 the SCRA
extend beyond the last dates of active duty.
Those who could 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 last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: LIURQOV262