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HomeMy WebLinkAbout13-0741LVNV FUNDING LLC c,~o Edwin A. Abrahamsen & Assoc. l 20 North Keyser Ave. Scranton, PA 18504 Plaintiff vs. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division No: 13 - ~ ~i vi I~xr-'t Emilio J Portillo 257 MAIN ST MILL HALL PA 17751-1706 Defendant PRAECIPE FOR ENTRY OF JUDGMENT c`~ ,-, TM°? "''~ ~:.:: i To the Prothonotary of CUMBERLAND County: --~ `~ ~~`' ~ --- ,~, 1) Enter Judgment on the attached Certified copy of Judgment from a District Justicer- w=- - = ""•"~ A) Date of Instrument: March 9, 2012 :;.• ..~: ` --; i .''' ,. B) Amount of Judgment: $2,196.63 ° `~ C) Interest From: March 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: LVNV FUNDING LLC c/o Edwin A. Abrahamsen & Assoc. 120 North Keyser Ave. Scranton, PA 18504 4) I hereby certify that the address of the defendant is: Emilio J Portillo 257 MAIN ST MILL HALL PA 17751-1706 .Michael atchford, E uire ttornev for Plaintiff 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 ~3i.a5 PQA~ ~#53~ra~ ~~ ae~a7 Il~o~kc~ I~a~ I,ed COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 LVNV Funding LLC c/o Edwin A Abrahamsen & Associates 120 N Keyser Ave Scranton, PA 18504 Disposition Summary LVNV Funding LLC v. Emilio J Portillo Docket No: MJ-09305-CV-0000020-2012 Case Filed: 1/30/2012 Docket No Plaintiff Defendant Disposition Dlsposltlon Date MJ-09305-CV-0000020-2012 LVNV Funding LLC Emilio J Portillo Default Judgment for Plaintiff 03/09/2012 Judgment Summary Participant Joint/Several Lia bility Individual Liability Amount Emilio J Portillo $0.00 $2,196.63 $2,196.63 LVNV Funding LLC $0.00 $0.00 $0.00 Judgment Detail ("Post Judgment) In the matter of LVNV Funding LLC vs. Emilio J Portillo on 3/09/2012 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judament Component Joint/Several Lia bility Individua l Liability Deposit Applied Amount Costs $0.00 $115.00 $115.00 Civil Judgment $0.00 $2,081.63 $2,081.63 Grand Total: 52,196.63 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. F ~N\ K /~ {~ ~.l'' / („yet` F, [~\/~~{ \l 3 ~ ._ Date Magisterial District Judge Mark Martin ~ _+- `'~ ~ certi t at t is is a true an correct copy o t e recor o t e procee ings contami e u ment. ~ ~- / ~ ~~.. Date Magisterial Distnct Judge MDJS 315 l I I (lIR2 Page 1 of 2 Notice of JudgmentlTranscript Civil Case Printed: 03/09/2012 12:35:24 PM LVNV FUNDING LLC c/o Edwin A. Abrahamsen & Assoc. 120 North Keyser Ave. Scranton, PA 18504 Plaintiff vs. Emilio J Portillo 257 MAIN ST MILL HALL PA 17751-].706 Defendant State of Pennsylvania County of CUMBERLAND SS: In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division 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): Emilio J Portillo 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): Emilio J Portillo is(are) older than eighteen years of age; That the employment status of the defendant(s): Emilio J Portillo is(are) unknown. ~a.~~"!1"l~l.Y~£4' Y'1L ~i ~S7 i_j'~ ~~~'~~E.~e'Ya.~N ~V Pte __ e.-.a ~Cf ,;1~i ~ ._...., .__._......_._ ..jiJi;4o 4 ~ n1 ~ ~ ~ d l .~G~mrEts,,i,~ ~,~to~..: _T,_~1i ~~.'~~iJ , n..t~[. u~ ~ i i~th k jYl\T'e~ZI~':'~J Department of Defense Manpower Data Center ~~$u.w ~"llt8tl8'Ot tQ ~'C1Vl~C~ ~lYll ~Ili~f ~lC~ Last Name: PORTILLO First Name: EMILIO Middle Name: Active Duty Status As Of: Feb-07-2013 Results as of :Feb-07-2013 06:77:37 SCRA 2.3 On Attire Duy U+ Active Duty Status Date Ac~ve.Dury Start Date Adfve DrA}' End Date 3teWe Service Corriponen7 NA NA '3' ~: ~ ~ ~ i. °. No NA This response reFledslfte irdiitLa1s' active duty staWS based on 1hepAcpe Duty Status Date Lett Adis LMAy VYflhir 367 Days d Active Duty i7lahm Dieoe Active Duty Start Date Active Duty End Dale Status - Service Component NA NA Na - ~ NA This response reflects where fl7e individual left activg duly~s~n wiRin 367 days precedrg the AdiveiRlty Status Date The 4Aernber or fiisMer tk>it WasNoti6edd a Fuh+e CaY•Up M Attre Duq on.Adive Duty StabaUe/a Order 1Votifica4on Start Dane Order NoffimtionEnd Date Status Service Compdnerel NA NH .':~ tJO.. NA This response reflects whether the iridividrler~>fli t+islher unit has received eeAywbtificpion to report for active duty Upon searching the data banks of the Department of Defense Manpower Data-.t.,enIet-, 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. r1w,,FY~. ,f~.ar,-,4;~... 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: http:!/www.defenselink.milJfaq/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, SSNldate of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erzoneous certificate to be provided. Certificate ID: 7RPJJG85J8 LVNV FUNDING LLC In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division Plaintiff NO: vs. Emilio J Portillo 257 MAIN ST NOTICE OF FILING JUDGMENT MILL HALL PA 17751-1706 Defendant Notice is herby given that a money judgment in the above-captioned matte ha been entered against you in the amount of $ a _ 14 Q,. w 3 on a t 3 3 _ r If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 120 N. Keyser Avenue Scranton, PA 1.8504 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236) Y1• •I LVNV FUNDING LLC : : In the Court of Common Pleas of Plaintiff : CUMBERLAND County, Pennsylvania : Civil Division vs. • Emilio J Portillo • 257 MAIN ST : NO: 13-741 MILL HALL PA 17751-1706 tyy ri n Defendant VS. • -' ' • �_w•") ..�.•C' 4 . M&T BANK : =44>"'+ 28 WALNUT BOTTOM RD • ". c: - SHIPPENSBURG PA 17257-8219 : Garnishee : Praecipe for Entry of Appearance Kindly enter my appearance on behalf of LVNV FUNDING LLC in the above-captioned matter. Date:May 30, 2014 /r��� Signature: Print e: ( is r.ael F. Ratchford s•wire Adds: 120 North Ke ser Avenu- Scranton PA 18504 Telephone No: 570 558-5510 t. 120 Supreme Court ID No: 86285 PRAECIPE FOR WRIT OF EXECUTION-(MONEY JUDGMENT)RULES PA.R.C.P.3252,3].11 (a) LVNV FUNDING LLC In the Court of Common Pleas of Plaintiff CUMBERLAND County,Pennsylvania vs. Civil Division Emilio J Portillo 257 MAIN ST ~" 1 MILL HALL PA 17751.-1706 NO: 13-741 '�,� -C, Defendant vs. M&T BANK 28 WALNUT BOTTOM RD PRAECIPE FOR WRIT OF EXECUTION, y GM SHIPPENSBURG PA 17257-8219 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:Emilio J Portillo (3) And against:M&T BANK 28 WALNUT BOTTOM RD SHIPPENSBURG PA 17257-8219 (4) and index this writ(a)against Defendant(s)(b)against M&T BANK 28 WALNUT BOTTOM RD SHIPPENSBURG PA 17257-8219 Garnishee(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; checking account balances;Certificates of Deposit;Money Market Accounts; contents of Safety Deposit Boxes.Defendant's SSN(s): ***-**-9193; (5) Judgment Amount $2.196.63 Interest $170.07 Payments $ Clerks Fee $ Sheriff $ Poundage $ Total $ Date:May 30,2014 fMichael ate d. Esquire /1 a, Edwin A.Abrahamsen&Ass iates,P.C. Attorney for Plaintiff mratchford@eaa-law.com OF CU,h A� A, THE COURT OF COMMON PLEAS o z CUMBERLAND COUNTY PA " a DAVID D. BUELL,PROTHONOTARY One Courthouse Square - Suite100 - Carlisle, PA - 17013 1750 (717)240-6195 www.ccpa.net LVNV FUNDING LLC Vs. NO 13-741 Civil Term CIVIL ACTION—LAW EMILIO J.PORTILLO WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against EMILIO J.PORTILLO,257 MAIN STREET,MILL HALL,PA 17751-1706 Defendant(s) (1) you are directed to levy upon the property of the defendant(s)and to sell the defendant(s)interest therein; (2) you are also directed to attach the property of the defendant(s) not levied upon in the possession of M&T BANK GARNISHEE(S), as garnishee, 28 WALNUT BOTTOM ROAD, SHIPPENSBURG, PA 17257 - 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.(Specifically describe property)and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph(c),the garnishee 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; (c) the attachment shall not include (i) the first$10,000 of each account of the defendant(s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant(s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant(s)with a bank or other financial institution that total$300 or less. If multiple accounts are attached, a total of$300 in all accounts shall not be subject to levy and attachment as I determined by the executing officer. The funds shall be set aside pursuant to the defendant(s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant(s)not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $2,196.63 Plaintiff Paid Interest$170.07 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $60.25 Other Costs Date: 6/23/14 lu-u-tkzDavid DD.Buell,Prothonotary y: 12 Deputy REQUESTING PARTY: Name : MICHAEL F.RATCHFORD,ESQUIRE Address: EDWIN A. ABRAHAMSEN&ASSOCIATES,P.C. 120 N.KEYSER AVENUE SCRANTON,PA 18504 Attorney for:PLAINTIFF Telephone: 570-558-5510 EX 101 Supreme Court ID No. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books,sewing machines,uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r i L u- L`r r; Sheriff C:IIMtn' PRO I F! OU Jody S Smith Chief Deputy ,"'fir I JUL —2 AM U, 42 Richard W Stewart Solicitor eFncs, oTM THE SHERIFF CUMBERLAND COUNTY PENNSYLVANIA LVNV Funding LLC vs. Emilio J Portillo Case Number 2013-741 SHERIFF'S RETURN OF SERVICE 06/30/2014 09:59 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, M & T Bank, 960 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Emily Holtzinger, 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. July 01, 2014 The writ of execution and notice to defendant was mailed on July 1, 2014 to Emnlio J. Portillo at 257 Main Street, Mill Hall, PA 17751- (c) CourtySuite Sherif`, Teleos>oft, Inc. )y.7, W CLINE, DEPUTY SO ANSWERS, RONNY R ANDERSON, SHERIFF LVNV FUNDING LLC vs. Emilio J Portillo 257 MAIN ST MILL HALL PA 17751-1706 vs. . In the Court of Common Pleas of Plaintiff : CUMBERLAND County, Pennsylvania Civil Division . NO: 13-741 Defendant : : Praecipe to Dissolve the Attachment against Garnishee M&T BANK 28 WALNUT BOTTOM RD SHIPPENSBURG PA 17257-8219 Garnishee To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Dissolve the Attachment against Garnishee. Thank you, adri Michael F. Ratchford, r squire Edwin A. Abrahamse & Associates, P.C. Lawyer ID # 86285 sq- ?clict ,4(0)o� 1-41 C rr4 'rjf,•