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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 , C ~ ~' ~,;, -s 'fo the Prothonotary of CUMBERLAND County: ~ ~ ~ ~ 1) Enter Judgment on the attached Certified copy of Judgment from a Distrit iac~ ~ a .......Z.-~ A) Date of Instrument: August 9, 2012 ~' ~ =~ y :_- c~ ~~ ~ r a t-, , B) Amount of Judgment: $1,068.33 ~ ~ .~ -t .-; 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, d Attorney for Plaintiff ~-~as(~a ~,~ a85~~a 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. (~ a},^~ <<,p~ ,,~ 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. I ~-5=aoca 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. ~~ j ;, /~~ / %, - --./ Mich 1 F. Ratchf d,1/s uire i q 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 0o Ad14e rdy do A~N,h. Daryrsb~ n..e _ .: ~ 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~.. ~i ~ , 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 ~ ~~.~ ' NA _. 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)