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HomeMy WebLinkAbout13-0169CAPITAL ONE BANK(USA), NA c/o Edwin A. Abrahamsen & Assoc. 120 North Keyser Ave. Scranton, PA 18504 Plaintiff vs. ERIC J SWINTOSKY 54 SIR WILLIAM DR NEWVILLE PA 17241-9205 Defendant In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division NO: ~ - Q~~O7 ~ yt ~ 1~rN1 C~: G ca PRAECIPE FOR ENTRY OF JUDGMENT ~' ;rC t.' _ ~ t:~ 4~ _V .ma.y.-y ~y ~i+ Q ~~ To the Prothonotary of CUMBERLAND County: ~' -C "" 1) Enter Judgment on the attached Certified copy of Judgment from a District Justice. A) Date of Instrument: May 29, 2012 B) Amount of Judgment: $11,500.38 C) Interest From: May 29, 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: ERIC J SWINTOSKY 54 SIR WILLIAM DR NEWVILLE PA 17241-9205 Michael F. Ratchford, Esquire Edwin A. Abrahamsen & Associates, P.C. 120 N. Keyser Ave Scranton, PA 18504 570-558-5510 Ext. 101 Attorney 1D 86285 -~ ~,, _, --i -~ f~"1 f' ~rn ~~ ~ ---~ C'i -~~ G.~ -~ -y ..~. -, ~ ~ ~~~ ~~ ,,.v -C ~, ~ ~ ~, chael tchford, Es ue ttorney for Plaintiff ~ ~ 3i. as p~ A~ ~~a~c~ so ~~a85~8o ,!~/ ~o~~, ~~ r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 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 & Assoc. P.C. 120 North Keyser Avenue Scranton, PA 18504 Disposition Summary Docket No Plaintiff Defendant MJ-09302-CV-0000078-2012 Capital One Bank (USA), N.A. Eric J. Swintosky Judgment Summary Participant J oint/Several Liability Individual Liability Amount Capital One Bank (USA), N.A. $0.00 $0.00 $0.00 Eric J. Swintosky $0.00 $11,500.38 $11,500.38 Judgment Detail ~*PostJuagment) In the matter of Capital One Bank (USA), N.A. vs. Eric J. Swintosky on 5/29/2012 the judgment was awarded as follows: Judgment Component J oint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $11,357.38 $11,357.38 Costs $0.00 $143.00 $143.00 Grand Total: $11,500.38 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. ~b ` r c,` , r~Q, lJ~ .'~~~' O`er 1 ~ I ~ ~~., ,,~ C' ' xi n~»~~ g' g ~~ waant Date Ma isterial District Jud a Vivian Cohick '~ ~;'6 certi t a is is a true an correct copy o t e recor o t e procee ings contammg t e 1u gment. ~' 2a ' ~..,._ .. Date Magisterial District Judge Notice of JudgmentlTranscript Civil Case Capital One Bank (USA), N.A. V. Eric J. Swintosky Docket No: MJ-09302-CV-0000078-2012 Case Filed: 4/19!2012 Disposition Disposition Date Default Judgment for Plaintiff 05/29!2012 MDJS 315 Page 1 of 2 Printed: 05/29/2012 11:53:50AM /~~,~171'7~/r7 .• Capital One Bank (USA), N.A. v. Eric J. Swintosky Participant List Plaintiff(s) Capital One Bank (USA), N.A. c/o Edwin A. Abrahamsen & Assoc. P.C. 120 North Keyser Avenue Scranton, PA 18504 Defendant(s) Eric J. Swintosky 54 Sir William Drive Newville, PA 17241-9205 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-0000078-2012 MDJS 315 Page 2 of 2 Printed: 05/29!2012 11:53:50AM CAPITAL ONE BANK(USA), NA 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. ERIC J SWINTOSKY S4 SIR WILLIAM DR NEWVILLE PA 17241-9205 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): ERIC J SWINTOSKY 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): ERIC J SWINTOSKY is(are) older than eighteen years of age; That the employment status of the defendant(s): ERIC J SWINTOSKY is(are) unknown. Subscribed before me this (~ day a,. Notary Public COMMONWEALi n ~~- ~i=NNSYLV~NIk Notarial Sea{ Dana L, Stillartq, Notary ~'uUi~w City of Scranta~+, c.acicav~anrta County fI Nit' Con~missicr~ i..xN~res suit' 2t, 2U1S MEMBER, PENNSI(LVANdA 4$S~)°;tAT(f;M ~E NOTARp'r Department of Defense Manpower Data Center ~~ ~ till ~'C~C~Cl'r3 ~11T11 ~' liG~ ~lC~ Last Name: SWINTOSKY First Name: ERIC Middle Name: Active Duty Status As Of: Dec-18-2012 Resu~fs as a :Dec-t a-zotz osss: t a SCRA 2.3 oRAoo~cbrya.~r.~D.*l~Y..o.b; - , -. Adk.-flrAy6Y11lSsne -. JloireOlMf`~taue - ~_:~~ ~.~ Sie+r- - ~ Sa+rYOh_tbrrportmr -- NA - NA ~~. ~.~ y. ~=, i - ~ ,nbr~ `y,~ ,'~w' - NA r . This response re a .. ' acpva dory stetuq posed m -.. Status Date _ v., t.es Ac4e o~4~ r~.a JItiN,D>~ ~Mrr Orte ~e Dory sirdDre raflr.e Duly Ero nae ' ; t~eun Den~o.Ce,aorwr ~ ~- This response reflects r~l ea are indiNdual leh actrvr;- ~ ;g6~ys precediry the ~ 3s ~ Status Date ~f~- - - _ ~ y._ sY yS~' JSr"7.'.`. ' The 4MiYiber v 7ihNr WttAIM-l~aA6eti on FeAirif{:~ll-b ~~ ~! bRAdK flay ~ flrls :, - Q~lsr:lraMcaYts~BWlOels.. . .' O~darNUYioW~~dCieta ~ '~., _.. .. ~' ,.:~.9l~ts~ .. Serndaeflempw+err.:~ This response reflects whether .. urrt has.receitcad~ '- ..~ ~~ ~ to report for active dory Upon searching the data banks of the Department of Defense Manpowe'P' `; ~5ed 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 Unrforrned Services (Army, Navy, Marine Corps, Air Force, NQAA, 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. YIw~gY~. ,~.~,-,4,~. Mary M. Snavely-Dizon, 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 Outy Status Date (3) Whether the individual or his/her unit received early notrfication 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 Un'rformed Service member who is an alive 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 Unrformed 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$CRA 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 irxfucted, 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 certrficete 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: 9R2JJ883Q9 CAPITAL ONE BANK(USA), NA ; In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division Plaintiff ' NO: vs. ERIC J SWINTOSKY • 54 SIR WILLIAM DR NOTICE OF FILING JUDGMENT NEWVILLE PA 17241-9205 - Defendant Notice is herby given that a money judgment in the above-captioned matter h s been entered against you in the amount of $_ // ~'op, 3B on ~/~0~3 e, ~ ~~ 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)