Loading...
HomeMy WebLinkAbout12-6568MIDLAND FUNDING LLC 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 V l' NO: a - .>lX U VS. : TIMOTHY BATZEL PRAECIPE FOR ENTRY OF JUDGMENT' 649 SHED RD NEWVILLE PA 17241 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: May 1, 2012 B) Amount of Judgment: $6,557.44 C) Interest From: May 1, 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: MIDLAND FUNDING LLC c/o Edwin A. Abrahamsen & Assoc. 120 North Keyser Ave. r Scranton, PA 18504 r z`, c 511 4) 1 hereby certify that the address of the defendant is: N Y'_4 TIMOTHY BATZEL `= a 649 SHED RD NEWVILLE PA 17241 ,/ Esquire Attorney for Plaintiff Michael F. Ratc ord, Esquire Edwin A. Abr amsen & Associates, P.C. 120 N. Keyser ve Scranton, PA 18504 570-558-5510 Ext. 101 Attorney ID 86285 as x1 a+?'1 CI??- I I I i i ??-ag2ay? N o-?a 111c?,1e? MIDLAND FUNDING LLC vs. Plaintiff TIMOTHY BATZEL 649 SHED RD NEWVILLE PA 17241 Defendant In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division U? &kll NOTICE OF FILING JUDGMENT Notice is herby given that a money jud ent in the above-captioned matter has bee entered against you in the amount of $ S S on _ O I O ? By: 3.4%23t*?o 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) MIDLAND FUNDING LLC c/o Edwin A. Abrahamsen & Assoc. 120 North Keyser Ave. Scranton, PA 18504 Plaintiff In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division NO: vs. TIMOTHY BATZEL 649 SHED RD NEWVILLE PA 17241 AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS 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): TIMOTHY BATZEL 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 BATZEL is(are) older than eighteen years of age; That the employment status of the defendant(s): TIMOTHY BATZEL is(are) unknown. Subscribed before me this-,3--day of n C:fl? 201 7 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Dana L. Stillarty, Notary Public city of Scranton, Lackawanna county My commission Expires ]u 1, N2015 OTARIES MEMBER, PENNSYLVANIA ON ASSOCIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-2-01 MDJ Name: Honorable Paul M Fegley Address: 2260 Spring Road, Suite 3 Carlisle, PA 17013 Telephone: 717-218-5250 Midland Funding Llc % Edwn Abrahamsn & Assoc 120 N Keyser Avenue Scranton, PA 18504 Disposition Summary Midland Funding Llc V. Timothy Batzel Docket No: MJ-09201-CV-0000022-2012 Case Filed: 1/31/2012 MJ-09201-CV-0000022-2012 Midland Funding Llc Timothy Batzel Default Judgment for Plaintiff 05/01/2012 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Midland Funding Llc $0.00 $0.00 $0.00 Timothy Batzel $0.00 $6,557.44 $6,557.44 Judgment Detail ('Post Judgment) In the matter of Midland Funding Llc vs. Timothy Batzel on 5/01/2012 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 $6,367.29 $6,367.29 Filing Fees $0.00 $190.15 $190.15 Grand Total: $6,557.44 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. 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. z Date Magisterial District Judge Paul M Fegley W e,tb aT p? ?uo . t t'a?A ?e ?a S a s.o, certify a is is a rue an correct copy o the record o the proce on aim the lu en t. 8 Date Magisterial istrict Judge MDJS 315 Page 1 of2 Printed: 05/01/2012 9:36:54AM D'W Midland Funding Llc V. Timothy Batzel Participant List Plaintiff(s) Midland Funding Llc % Edwn Abrahamsn & Assoc 120 N Keyser Avenue Scranton, PA 18504 Defendant(s) Timothy Batzel 649 Shed Road Newville, PA 17241 Complainant's Attorney(s) Michael F Ratchford, Esq. Edwin A Abrahamsen & Associates, PC 120 Keyser Avenue Scranton, PA 18504 Docket No.: MJ-09201-CV-0000022-2012 MDJS 315 Page 2 of 2 Printed: 08/14/2012 8:24:27AM Department of Defense Manpower Data Center Results as of: Oct-05-2012 10:08:54 SCRA 2.3 40 o Report Fu mumd to Servicemembers Civil Relief Act Last Name: BATZEL First Name: TIMOTHY Middle Name: Active Duty Status As Of: Oct-05-2012 On ACfnM Duly On Ache D* Stabs 0069 Active Outy stnl mate na:+e d y sro Dam sz senoe compone?u NA rva a...,- NA t Sr°°, This response reoecte ltlp}nararlduels' active duty status based on ttrP e, Status Date L.att Atlive D-ty Yrleein 367 Dft% d Adh. Duty Stara eeW - - ACWe Duty Slant Dale - - AdF a t3uFrEna Data :` SU" Sbnir CorrMwnwo NA NA This response reflects 't>te udiwlual left achvp dlp?: 367days precedirg the , e ?xrty Status Date - YAe Man berior HeaMor>* Vim tk4lied of a F k. Ciupta Ad- 04q an ACW4 (A" Swr DOM ?. oft* hfo?tal on SM Dab Order NoOiaN" Fed Do* 9Dr?s , " Sarri?3 Car poneriF This response reflects whether ? unrt has recenadi to repoA for alive dory Upon searching the data banks of the Department of Defense Manpower I= I r, 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. Amt La.,s.,j- - ii - - 1IF7.F- 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: httpJ/www.defenselink.miVfaq/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 this 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: 3RONU08A2U Eli MIDLAND FUNDING LLC In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division vs. TIMOTHY BATZEL 649 SHED RD T-412 NO: 12-6568-CIVIL NEWVILLE PA 17241 Defendant tTi ri , r Z.F-- N c° ' Lr)vs. r, .: ACNB BANK .� r 39 CARLISLE RD NEWVILLE. PA 17241 Garnishee Praecipe for Entry of Appearance Kindly enter my appearance on behalf of MIDLAND FUNDING LLC in the above-captioned matter. Date:October 10, 2013 SignaZa Print e: Mic ael F.Ratc ord, squire Address: 120 North Ke ser venue Scranton PA IX504 Telephone No: 570 5 -5510 Ext. 120 Supreme Court ID No. 86285 PRAECIPE FOR WRIT OF EXECUTION—(MONEY JUDGMENT)RULES PA.R.C.P.3252,3111(a) MIDLAND FUNDING LLC In the Court of Common Pleas of Plaintiff CUMBERLAND County,Pennsylvania vs. Civil Division TIMOTHY BATZEL 649 SHED RD T-412 NEWVILLE PA 17241 NO: 12-6568-CIVIL Defendant vs. ACNB BANK 39 CARLISLE RD PRAECIPE FOR WRIT OF EXECUTION AND NEWVILLE.PA 17241 ATTACHMENT 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 BATZEL (3) And against:ACNB BANK 39 CARLISLE RD NEWVILLE.PA 17241 (4) and index this writ(a)against Defendant(s)(b)against ACNB BANK 39 CARLISLE RD NEWVILLE.PA 17241 Gamishee(s), as a lis pendens against the real property of the defendant(s)in the name of the Gamishee(s),any and all accounts of the defendant(s),in the possession of Garnishee,including but not limited to savings account balances;checkingeco�at balances;Certificates of Deposit;Money Market Accounts;contents of Safety Deposit Boxes.Defendant's S�(s) - * -**-5901 (5) Judgment Amount $6,557.44 --4 � ` Interest $.00 v `a Payments $2057.44 Clerks Fee Sheriff $ 1 Poundage $ Total $ Date:October 10,2013 Michael .Ratchford, E uire Edwin A.Abrahamsen Associates,P.C. ,A(, Attorney for Plaintiff a V"' 31. a S , mratchford @eaa-la .com as 9 7Y? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2012-6568 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDLAND FUNDING LLC Plaintiff(s) From TIMOTHY BATZEL,649 SHED ROAD T-412,NEWVILLE,PA 17241 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: ACNB BANK,39 CARLISLE ROAD,NEWVILLE,PA 17241 -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. 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, (2) 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$4,500.00 Plaintiff Paid$ Interest Attorney's Comm. % Law Library$.50 Attorney Paid$60.25 Due Prothonotary$2.25 Other Costs$ Date: 10/29/2013 David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name : MICHAEL F. RATCHFORD, ESQUIRE Address: EDWIN A. ABRAHAMSEN& ASSOCIATES,P.C. 120 NORTH KEYSER AVENUE SCRANTON,PA 18504 Attorney for: PLAINTIFF Telephone: 1570-558-5510 EXT. 120 Supreme Court ID No. 86285 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson t Fjf Sheriff ME PRO THOINO TA F:.., 1' a Jody S Smith r Chief Deputy "A' 25113 NAY _$ : Richard W Stewart CUMBERLAND COUNT V Solicitor OFF p1�EE PENNSYLVANIA Midland Funding, LLC Case Number vs. Timothy Batzel 2012-6568 SHERIFF'S RETURN OF SERVICE 11/04/2013 11:47 AM -William Cline, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee,ACNB Bank, 37 Carlisle Road,West Pennsboro Township, Newville, PA 17241, Cumberland County, by handing to Stacy Riley, Teller, 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 November 61 20 3 tof imothy Batzel, 649 Shed Road, T-412, Newville, PA 17241. W I LL IA CL 14 E, uTY SO ANSWERS, x 2::2�/ � November 05, 2013 RON R ANDERSON, SHERIFF .. ou^1ySwLe Shenff,Teieosoit.mc. J � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Midland Funding, LLC, No. 12-6568 CIVIL TERM Plaintiff, • v. • Attachment Execution Proceedings Timothy Batzel, ' Defendant, : =--ry • and r"�-c • i • • C) iw.3 ACNB Bank, • Garnishee. PROOF OF NOTICE TO DEFENDANT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ADAMS. On this,the I 1 I day of November, 2013, before me, a Notary Public, in and for said Commonwealth and County,the undersigned officer, personally appeared Edward G. Puhl, Esquire, attorney for ACNB Bank,the Garnishee in the above entitled attachment execution proceedings, who having been by me duly sworn, according to law, on his oath, does depose and say that on November $ , 2013, he forwarded to the Defendant, Timothy Batzel, a copy of the writ issued in said proceedings on November 4, 2013, and a copy of ACNB Bank's Answer to Interrogatories, by mailing the same certified mail deposited at the post office in Gettysburg,Adams County, Pennsylvania, addressed to the Defendant at the following address: 649 Shed Road T-412. Attached to this Proof of Notice is the certified mail receipt showing the aforesaid mailing of the items hereinbefore mentioned. ei‘tiftd/A44_ Edward G. Puhl, Esquire Sworn to and subscribed before me this 11 fh day of November,2013. k46/ G,u;,,,� Notary Public My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Leslie R.Grimes,Notary Public Gettysburg Boro,Adams County My Commission Expires Oct 23,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES U.S. Postal Service rt., CERTIFIED MAIL, RECEIPT ru`u (Domestic Mail Only;No Insurance Coverage Provided) LD For delivery information visit our website at www.usps.com 0' Postage $ Ln Certified Fee d', O FF O Return Receipt Fee p stmark p (Endorsement Required) O I���Here Restricted Delivery Fee ' `. (Endorsement Required) -a MOM Total Postage&Fees 'Sent To ru I;m6 1oS -d gtmet,Apt.t7 or PO Box No. 9 rt (s`I'y SI'l�ot 606ta, .r 414), c;n State,ZIP+4 Nom✓∎I Ie_, �A ruyi PS Form 3800.August 2006 See Reverse for Instructions IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Midland Funding, LLC, • No. 12-6568 CIVIL TERM Plaintiff, • • vs. : - 5 Timothy Batzel, Defendant, : �, -�-- ( vs. • v • • ACNB Bank, " J3 co Garnishee. • {q CERTIFICATE OF SERVICE AND NOW,this I atil day of November, 2013, I, Edward G. Puhl, Esquire, of Puhl, Eastman& Thrasher, attorney for Garnishee, ACNB Bank,hereby certify that I have this date served Garnishee's Answers to Interrogatories, by mailing the original and one true copy first class mail,postage prepaid,to Michael F. Ratchford, Esquire, at the address shown below: Edwin A. Abrahamsen&Associates, P.C. 120 North Keyser Avenue Scranton, PA 18504 PUHL, EASTMAN& THRASHER /_ By: !_ _ i_�t Edward G. Puhl, Esquire Attorney ID# 55709 Attorney for Garnishee 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 MIDLAND FUNDING LLC .• . In the Court of Common Pleas of Plaintiff : CUMBERLAND County,Pennsylvania Civil Division vs. TIMOTHY BATZEL 649 SHED RD T-412 - NO: 12-6568-CIVIL NEWVILLE PA 17241 Defendant : Praecipe to Dissolve the Attachment against vs. • Garnishee ACNB BANK 39 CARLISLE RD NEWVILLE.PA 17241 Garnishee . To the Prothonotary of CU MBERLAND County Pennsylvania: rritp t=, ir'F. Please enter the above Praecipe to Dissolve the Attachment against Garnishee. > o -".. >c °r1 Thank you, i Michael . 'atchford, squire Edwin A. Abrahams-. &Associates, P.C. Lawyer ID # 86285 amk ,q sopd a I:r. ti- C� , ,,{ vy..2.4,4„4 :::.:, )2_44-,219ti-r? Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CLIIVIBERLAND COUNTY THE PRO1 OFF45, OF THE SHERIFF Nil JUIN 16 PM 2: CUMBERLAND PENNSYLVANIA Y Midland Funding, LLC vs.. Timothy Batzel Case Number 2012-6568 SHERIFF'S RETURN OF SERVICE 11/04/2013 11:47 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, ACNB Bank, 37 Carlisle Road, West Pennsboro Township, Newville, PA 17241, Cumberland County, by handing to Stacy Riley, Teller, 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 November 6, 2013 to Timothy Batzel, 649 Shed Road, T-412, Newville, PA 17241. 06/13/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $96.17 June 13, 2014 (c) CountySuite Sherif, Tele_osoff, Inc. SO ANSWERS, RONKS' R ANDERSON, SHERIFF -30 4-0 3023s7,