HomeMy WebLinkAbout12-6498'~.tli ~1 ,1~;1 ~ ~ ~ ~~si~Ii~;G I.l,~: In tf~e Court ul~Comnon Pleas ~~~~
c't~ ' ?~.rin -1 ,~l>rah~r,~~sen & Assoc. CUMBI?KLAND County. Penm~.~l~,xni:~
~,?(1 i~;~,rth K.~~s~r "+tc_ C'ivil 1~i~~f5ion
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KEI.I.I[~; S1111'
il",'N 1?lli5l
(.,AMP llll.l. PA 17011
Dctendant
PRAECINI? FOR EN I~R'Y' OI~ J11DG;M1 I~,. ~.
l~o the Protl~~on~.>tary ut CUMBERLAND County:
7 j 'enter .ludgment on the attached Certified copy of Judgment from a 1)istric~t .!ustice.
1.) Date of Instrument: March 1 _>"_ ~0 1?
' ,) .Anwwrt of Judgment: $994.61
~) Interest 1='rum: March I5, 201?
?.) Inter the judgment in favor or the original holder, or (unless expressly 1i~rhiddcn in
the instrument) in favor of the assignee or other transferee;
~) (hereby certify that the address of the plaintiff is: ~ :,
~~_;
MIDLAND [=UNDINGLLC ~ c_a
c'o Edwin A. Abraha~nsen c~ Assoc. ~ ~-.~i
120 North Keyser Ave. ~~. ~--- __
r, _~
Scranton. PA 18504 ``"' ~~
_ .. _.
~}) l hereby certify that the address of the defendant is: ~~~~ `~~ r~~ ~-- -
- ~._ . :.
KELL-G SHAY
117 N 17TH ST
CAMP HILL PA 17011
r'
<:~ r1> ~ a s ~ a
a~.~~ ~
1~f~~ ~ 8 a ~ a ~,
/'/c~ l~ ~ I Y ICS ~ ~~~
Michael F. Ratchford, Esquire
Edw~~in A. Abrahamson & Associat¢s. P.C
120 1V. Keyser Ave
Scranton, PA 18504
570-.558-510 Ext. 101
Attorney ID 86285
~~11I)i ,1`'~.'P_'~ i -<i ;, ~- . ! :_ In the C~cun1 u1~C~cnnnvn 'leas of
Cl~iF3L4:L,~1N[> ('nunt~<. Penns~lv:_u.i,
Civi! Division
Plaintiff ~ ~
~~ ~ C~~ ~~ ~~ ~
KE~L1.IfSf1~1Y
I I? N lTil I S"l~ NO~hICt: Ol= FILfNG JUDGMF;N"1~
llefendant
Notice is h<•rh~~ ~.!i~~>>~ ti~~at a money judgment in the abo~~. captioned matter has h~cri entered
on
against. you in the: _Eniuunt of $ _ ~~ ~~ _~~~~1~
.,. ~ ~~
li~you have any questions regarding this notice, please contact the filing party:
F,dv~~in A. Abraha~nlsen & Assoc.~iates
120 N. Kevser Avenue
Scranton. P.A 18504
Telephone: (570)-558-5510
(Notice is given in accordance with PA Supreme Court F:ule of Civil }'rocedure No. 2>~5)
c o 1;~1win A ~brahamsen & Assoc
1?0 T`.~~~rth Kcvser Ave.
c,cr;n~un_ I'~ 18504
Plaintiff
~ll til C. Cl'a(~I. ~:i ~ ~ -ilti!Gil ~~1e215 O}
Ci1vI}31 LI "~,;~~:~) i'~r~nty_ Nennsv{vai~i,~
Civil Di~?i.~r,
NO:
vs.
KELLIE SH~~Y
I 1 % N t i~[~H S7~
(~AMf' HILL. PA 1701 1
AFFiDAVi 1~ UNUER SOLDIERS AND `iA1LO[tS
RELIEF C]V}L Kf;L1L:P AC~h OF 19~}0 ~1.ti :x,14}ENDED
Defendant
Stag ~~I~ Per7nsvlvania
(_'~tun}~ of CUMI3ERLi~ND SS:
'~Iicha~~l 1~. IZatchtord, I=.,squire being duly sworn accordir~,g ?~~ 1aw deposes and savs !h<_it the
ahoy=e nan-ied delendant(s): KELLIE SHAY is(are) not in tike u~~ilitary service of }he I_ ~~nited States
ol~f~n,~ericit ,_is defined by the Soldiers' and Sailors' Civil RclieC .pct of 1940 as arner~dc;I.
l~l~at tine defendant(s): KELLIE; SHAY is(are) older than E~ignteen ~~ears of age.
fhat tie employtnent status of the defendant(s): KI'.1_LIE SI lAY is(are) unknown.
-~'
'I ( i
~(l~ CP l i ~C ~ C ~- ~
COMMONWEALTH OF PENNSYLVANIA ``' Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND -~~ ~ `.
Case
Mag. Dist. No: MDJ-09-1-02
MDJ Name: Honorable Elizabeth S. Beckley
Address: 1901 State Street
Camp Hill, PA 1 7011
Telephone: 71 7 -,'61-0583
Midland Funding LLC
c!o Hayt,Hayt, & Landau,LLC
'123 S Broad St Suite 1660
Philadelphia, PA 19109-1003
(Midland Funding 'LLC
v.
Kellie Si1ay
Docket No: MJ-09102-C:\/-0000012-2012
Case Filed: 2/3/20112
r
Disposition Summary
Docket No Plaintiff Defendant
MJ-09102-CV-0000012:-2012 Midland Funding LLC Kellie Shay
Judgment Summary
Participant Joint/Several Liabilitv Individual Liabilitv
Kellie Shay $0.00 $994.61
Midland Funding LLC $0.00 $0.00
D'usnosition - ' ~~isnosition Date
Default Judgment for' Ela_rn#iff ...._. --..'03/15/2012
.-t;
~r994.61:
$0.00
Judgment Detail ~*PostJudgment)
In the matter of Midland Funding LLC vs. Kellie Shay on 3/15/2012 the disposition is Default Judgment for I'iaintiff and judgment was
awarded as follows:
Judament Component JointlSeveral Liabilitv Individual Liabilitv Deposit Applied Amount
Civil Judgment $0.00 $907.11 $907.11
Filing Fees $0.00 $87.50 $87.50
Grand Total: $994.61
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARYICLERK 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 !N 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.
MAR 1 5 2012
Date
_.-.-
Elizabeth S. Beckley
8`~
I certi y that t is is a true and correct copy o t e record o t e procee ings containing the ju ~mept. ~ „~ f.'~
,. ~.
Date) isterii~YDistrict udge -' =- °
~11(>'i''~`, 1
MDJS 315
Page 1 of 2
Printed' 03/16/2012 1:26:40PM
Departmera of C;efense Manpower Data Center
St~tvs R~:gart
' ~'ursuani icy Servic~inembers Ci~ril R~IieC.?~ct
Last Name: S'NAY
F-first Name: KELLIE
Middle Name:
Active Duty Status As Of: Oct-05-2012
,, ~: ails +~ n. JCt-f5-201206 C4.'~0
SCHA 2 3
On Active Dury On Active Duty. Status Date
Active Duty Start Date Active Duly End Date Status Service Component
NA NA No 1 rdA
This response reflects the individuals' active duty stains based on the Active Dury Stakrs date
LeflActive Dury Within 367 Days of Active Dury Status Date
Active Duty Start Date Active Duiy End Date Status Service Component
-------- - -- I -- ---
NA ~~ NA ~ No NA
This response reflects where ttje individual left active dutystatus rriHun 367 days preceding the Active Duty Status Date
The Member w HislHer Unit Was Notified of a Future CaIPDp to Active Dury on Active Dury Status Date
Order Notification Start Date Order Notification Erxf Dale Status Service Component
~~- NA NA No tJA
Th s response reflects whether tFteindividdal or tris/her unit has received early notification to report. for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center based on the information that you provided, the above is the status of
the individual i:m the active duty statue, 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.
~' r •_
Mary M. Snavely-Dixon. Director
Gepartment of Defenss -Manpower Data Center
4800 Mark Center Drive. Suite 04E25
Arlington. VA ::~'l_350
~he•Defense f~4;rnpowe~ Uata Ceder (DMDC) is an organization cif the DepaGment of Defense (DoD) that marntains the Defense Fnroll•nant and Bigibility
Reporting Sys~r m (DEF i~S) database which is the official source of data on eligibility for n~iilitary medical care and other eligib'.I~ ~ ;steris.
The DoD stronyry supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRf;) (formerly known as
the Soldiers' and Sailor;' 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 ~s crtherwise entitled to the
protections of the SCRA. you are strongly encouraged to obtain further verification of the person's status by contacting that person'::, Service via the
"defenselink.m;l" URI_: ~ttp:~Iwww.defenselink.miVfaglpis/PC09SLDRhtrnl. If you have evidence the person was on active duty for the active duty status
date ano yeu tail to obtain this additional Service verification, punitive provisions of the SGRA 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 ndividual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notific:a'ion to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1 ). Prior to 2010 only some of the activ? duty periods less
than 30 consecutive clays in length were available. In the case of a member of the National Guard. this includes service under a call to active service
authorize d by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergenc/ declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized n~obilia3tion position in the
unit they supp~~rt. This includes Navy Training and Administration of the Reserves (TARS}, Marine Corps Active Reserve (ARs) ar~u Coast Guard Reserve
Program Administrator IRPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissoned officer of the U.S.
Public Health Service r~r the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coveraoe under the SGRA 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 Ch~ty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periocs of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(11.
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 -eported for induction. The Last Date on Active Dub/ entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who ccu d rely cm 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, SSNldate of birth, and active duty status date provided by the requester Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: TRNTOHCMV
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
KELLIE ANN SHAY,
Debtor
KELLIE ANN SHAY,
Movant
v.
MIDLAND FUNDING LLC,
Respondent
CHAPTER 7
CASE NO. 1:13-bk-05684
CERTIFIED FROM THE RECORD this' U
day of ,20/Y
Clerk, U.S. Bankrupt
ORDER
Per
Deputy Clerk
UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under
Section 522(f) of the Bankruptcy Code , it is hereby
ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is
granted, to wit, the judgment of MIDLAND FUNDING LLC in the approximate amount of
$994.61 entered in Cumberland County at docket number # 2012 CV 6498 be and hereby is
avoided; it is further
ORDERED AND DECREED that a certified copy of this Order may be filed with the
Prothonotary of Cumberland County and the Prothonotary is directed to terminate the judgment
in the judgment indices.
Dated: February 25, 2014
By the Court,
6-44 Ckpuio
Robert N. Opel, II, Bankruptcy Judge
(DG)
9- CO /,cl. r
Case 1:13-bk-05684-RNO Doc 19 Filed 02/25/14 Entered 02/25/14 16:37:40 Desc
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