HomeMy WebLinkAbout13-0161CAPITAL ONE BANK(USA), NA
c/o Edwin A. Abrahamsen & Assoc.
120 North Keyser Ave.
Scranton, PA 18504
vs.
In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Civil Division
NO: ~3' ~~~ 1 V1 ~ ~~~
Plaintiff
MICHAEL L FAILOR
967 W OLD YORK RD APT B
CARLISLE PA 17015-9678
Defendant PRAECIPE FOR ENTRY OF JUDGMENT
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'fo the Prothonotary of CUMBERLAND County: ~ ~ ~ ~
1) Enter Judgment on the attached Certified copy of Judgment from a Distrit iac~ ~ a
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A) Date of Instrument: August 9, 2012 ~' ~ =~
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B) Amount of Judgment: $1,068.33 ~ ~ .~
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C) Interest From: August 9, 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), NA
c/o Edwin A. Abrahamsen & Assoc.
120 North Keyser Ave.
Scranton, PA 18504
4) I hereby certify that the address of the defendant is:
MICHAEL L FAILOR
967 W OLD YORK RD APT B
CARLISLE PA 17015-9678
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
Michael .Ratchford,
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Attorney for Plaintiff
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COMMONWEALTH OF PENNSYLVANIA NOtICe Of JUdgment/TranSCrlpt CIV1~
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ-09-3-02
MDJ Name: Honorable Vivian Cohick
Address: 55 Penn Drive
Newville, PA 17241
Telephone: 717-776-3187
Capital One Bank (USA) N.A.
c/o Edwin A. Abrahamsen & Associates, P.C.
120 North Keyser Ave
Scranton, PA 18504
Disposition Summary
Docket No Plaintiff Defendant
MJ-09302-CV-0000127-2012 Capital One Bank (USA) N.A. Michael L. Failor
Judgment Summary
Capital One Bank (USA) N.A.
V.
Michael L. Failor
Docket No: MJ-09302-CV-0000127-2012
Case Filed: 6/29/2012
Disposition Disposition Date
Default Judgment for Plaintiff 08/09/2012
Participant Joint/Severa l Liability Individual Liability Amount
Capital One Bank (USA) N.A. $0.00 $0.00 $0.00
Michael L. Failor $0.00 $1,068.33 $1,068.33
Judgment Detail ("PostJuagment-
In the matter of Capital One Bank (USA) N.A. vs. Michael L. Failor on 8/09/2012 the judgment was awarded as follows:
Judgment Component Joint/Severa l Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $980.83 $980.83
Costs $0.00 $87.50 $87.50
Grand Total: 51,088.33
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. (~
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Date Magisterial District Judge Vivian Cohick
ce i a is is a true an corree copy o t e recor o e procee ings containing t e lu gment.
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Date Magisterial District Judg
MDJS 315 Page 1 of 2 Printed: 08/09/2012 1:49:16PM
Capital One Bank (USA) N.A.
v.
Michael L. Faitor
Participant List
Plaintiff(s)
Capital One Bank (USA) N.A.
Uo Edwin A. Abrahamsen & Associates, P.C.
120 North Keyser Ave
Scranton, PA 18504
Defendant(s)
Michael L. Faitor
967 W. Old York Road, Apt. B
Carlisle, PA 17015-9678
Complainant's Attorney(s)
Attorney Michael F. Ratchford, Esq.
Edwin A Abrahamsen & Associates PC
120 N Keyser Avenue
Scranton, PA 18504
Docket No.: MJ-09302-CV-0000127-2012
MDJS 315 Page 2 of 2 Printed: 08/09/2012 1:49:16PM
CAPITAL ONE BANK(USA), NA
c/o Edwin A. Abrahamsen & Assoc.
120 North Keyser Ave.
Scranton, PA 18504
Plaintiff
vs.
MICHAEL L FAILOR
967 W OLD YORK RD APT B
CARLISLE PA 17015-9678
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): MICHAEL L FALLOR 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): MICHAEL L FAILOR is(are) older than eighteen years of age;
That the employment status of the defendant(s): MICHAEL L FAILOR is(are) unknown.
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Mich 1 F. Ratchf d,1/s uire
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Subscribed before me this~~day of~' 20~
Notary Public
COMMONWEAL) H t7~ Pr:NNSYLYANI
Notarial Sea! s
Dana t.. Stillarty, Notaiy Pubii:.
City of Scranton, taucawanna County
My Commi;~ion Expires ~uiy 21, 2015
MEMBER, PENNSILVANIA A~(?CIAlTO"> ~` NI?T1RT+-'
Department of Defense Manpower Data Center
~~ ~Q 's'Ci'~VlC~iCni~?CIl~ ~11T1Z R>~11t°f Act
Last Name: FAILOR
First Name: MICHAEL
Middle Name:
Active Duty Status As Of: Dec-18-2012
Results as of :Dec-18-247209:58:48
SCRA 2.3
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.: ~ Arihv twy srn tYrle .. N~rrfs Uy`6~d Oie1e sgru. ~. ~ 9NMP1?C'i+hMporrnt
NA NA ~~ ~'~~ '~.r• 3t~`.'
~ e
_e~. Statue Date
This response retleolsl+u~' active dory steno based on ~
__ ,LeR At'~!eAel~'. II~Yfrr ~f7,i}~ik~.. !R~11~..
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A[~ve Duly iSplt Date ~ AcM Duly Frd Dale - ~t
This response reBecis rplse the rtfdA4dual left actrvq ~ - ~67tdays preceding the AG~veauty Status Date
d .tiE' -
Tir Yuntw or tluFle' klrit virtNad/nd of a 1=f~u1e C~tRfo Aciu~ oi4 an Adwiu tidy Sues Orfr
Ower Nf7WidlVOn Stnft t]efs Ortler tfofOEifonE~d ~lf.b ~ '~SinYi/' ~. 9bnie.C,a~pfrferw:
NA ..~r ~ ~~.~
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TMs fBSpofffiB fBfleclS Wtletitef ~. ~ f Unit hag fBCel1(!d IO mpod fbf active duly
Upon searching the data banks of the Department of Defense Manpower' De r,- fed 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 unft 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 ver'rficafwn of the person's status by contacting that person's Service via the
"defenselink.mil" URL: http://www.defenselink.miUfa4/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you tail 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 caill to active service
authorized by the President or the Secretary of Defense under 32 U5C § 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
unft they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAsj. 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 (NOAH 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 certficete. 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: 9L9ASG9AOD
CAPITAL ONE BANK(USA), NA
vs.
MICHAEL L FAILOR
967 W OLD YORK RD APT B
CARLISLE PA 17015-9678
In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Civil Division
Plaintiff
' NOTICE OF FILING JUDGMENT
Defendant
Notice is herby given that a money judgment in the above-captioned matter h been entered
against you in the amount of $ ~T(~(nB•.~3 on / ~p /3
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)