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HomeMy WebLinkAbout13-2278 x ` CAPITAL ONE BANK (USA), In the Court of Common Pleas of 4851 COX ROAD CUMBERLAND County, Pennsylvania GLEN ALLEN, VA 23060 Civil Division Plaintiff NO:A 3- cz _ -- rn ;`'! DEBRA K KAIL' -� r 848 LINDSEY RD PRAECIPE FOR ENTRY OF JUDGMEP9 : X " CARLISLE PA 17015 -9223 r 7 Q -TI Defendant CD N; A To the Prothonotary of CUMBERLAND County: l) Enter Judgment on the attached Certified copy of Judgment from a District Justice. A) Date of Instrument: August 9, 2012 B) Amount of Judgment: $3,114.64 C) Interest From: August 9, 2012 2) Enter the judgment in favor of the plaintiff, 3) I hereby certify that the address of the plaintiff is: CAPITAL ONE BANK (USA), 4851 COX ROAD GLEN ALLEN, VA 23060 4) I hereby certify that the address of the defendant is: DEBRA K KAIL 848 LINDSEY RD CARLISLE PA 17015 -9223 V 'c. ael F. Ratchford, Esquir Atto ey for Plaintiff ichael F. Ratchford, Esqu' e Edwin A. Abrahamsen & sociates, P.C. 120 N. Keyser Ave Scranton, PA 18504 800 -503 -1665 Ext. 101 Attorney ID 86285 CAPITAL ONE BANK (USA), In the Court of Common Pleas of 4851 COX ROAD CUMBERLAND County, Pennsylvania GLEN ALLEN, VA 23060 Plaintiff Civil Division NO: ) ) a I - V vs. DEBRA K KAIL 848 LINDSEY RD NOTICE OF FILING JUDGMENT CARLISLE PA 17015 -9223 Defendant : Notice is herby given that a money jud e t in the above - captioned matter has been entered against you in the amount of $ Q i B 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: (800) -503 -1665 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236) CAPITAL ONE BANK (USA), In the Court of Common Pleas of 4851 COX ROAD CUMBERLAND County, GLEN ALLEN, VA 23060 t), Pennsylvania . Civil Division Plaintiff ~� l vs. NO: DEBRA K KAIL 848 LINDSEY RD AFFIDAVIT UNDER SOLDIERS AND SAILORS CARLISLE PA 17015 -9223 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): DEBRA K KAIL 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): DEBRA K KAIL is(are) older than eighteen years of age; That the employment status of the defendant(s): DEBRA K KAIL is(are) unknown. Michae F. Ratchford, squ' e Subscribed before me this - 11 day of 0 j Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Michael C. Sowa, Notary Public Plains Twp., Luzerne County Qrnminon MI; Jain: 24, 2014 M @If W P WIfi Af�ociatiorn of Notiries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ- 09 -3 -03 MDJ Name: Honorable Susan K. Day Capital One Bank (USA) Address: 229 Mill Street V. P.O. Box 167 Debra K Kail Mount Holly Springs, PA 17065 Telephone: 717- 486 -7672 Attorney Michael F. Ratchford, Esq. 120 N Keyser Ave Docket No: MJ- 09303 -CV- 0000422 -2010 c/o Edwin A Abrahamsen & Associates PC Case Filed: 12/16/2010 Scranton, PA 18504 r.� m a 3-0 ;1 _ C n Disposition Summary __ _. m_ _._ .- _ r xp �C3 Do = cket No T l Plaintiff Defendant ; ; MJ- 09303 -CV- 0000422 -2010 Capital One Bank USA Disposition Dit&s 'Date (USA Debra K Kail Default Judgment for Pli�t Judgment Summary w o�09/2012 rc- � ; Participant Joint/Several Liabili Individual Liability -� Capital One Bank (USA) $0.00 Amount Debra K Kail $0.00 $0.00 $0.00 $3,114.64 Judgment Detail ( *Post Judgment) $3,114.64 In the matter of Capital One Bank (USA) vs. Debra K Kail on 8/09/2012 the judgment was awarded as follows Judgment Component Civil Judgment !Q1Q /Seyeral Liabili Individual Liability Deposit Applied $000 Amount . Costs $2,965.26 $2,965.26 Filing Fees $0.00 $115.00 $0.00 $34.38 $115.00 $34.38 Grand Total: $3,114.64 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, ES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. SETTLES, +, F 17 Date gist rial District Judge Su an K ay certi t at t is is a true an correct copy of e recor o t e procee mg c ntai ng the 1u ent. Date Magis rial District Judg MDJS 315 ` a Page 1 of 2 Printed: 08/10/2012 12:06:54 PM ' Results as of : Apr -22 -2013 06:42:14 Department of Defense Manpower Data Center SCRA 3.0 Status Report Nmuant to Servicemen Civil Relief Act. Last Name: KAIL First Name: DEBRA Middle Name: Active Duty Status As Of: Apr -22 -2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA /.'R :.�_ _ t.. r' _ �i No NA This response re6eds the individual adive Cury status based o the Acrrve qty Status Date Left Active Duty within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA f i NA tie k��.: .. -; NA This response reflects wfiere.the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was "fled of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Servioe Component NA NA This r - • - • , response reflects whether flie individual w hislher unit Fias received - early notifiralio t report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,-bas ed 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. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Yh V JPN 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.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 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 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: 82U2025AG022440 •{ ' 1 .4 •4?K tlY +ti� CAPITAL ONE BANK(USA),N.A. •• In the Court of Common Pleas of Plaintiff : CUMBERLAND County,Pennsylvania Civil Division vs. • DEBRA K KAIL •848 LINDSEY RD CN: NO: 13-2278 IL CARLISLE PA 17015-9223 Defendant . i'•n rrol w 1Yt', • PNC BANK • 331 BRIDGE ST r`� NEW CUMBERLAND ,PA 17070 fir= Garnishee : _ s-- • Praecipe for Entry of Appearance Kindly enter my appearance on behalf of CAPITAL ONE BANK(USA),N.A. in the above- captioned matter. ilitg° Date:January 30,2014 Signa , •: ii,41a4111/ Prin/''ame: Mic ael F. Ratchf,rd Es,uire Address: 120 North Ke ser A •nue Scranton PA 1850 Telephone No: (5701 558-551', Ext 120 Supreme Court ID No: 86285 PRAECIPE FOR WRIT OF EXECUTION—(MONEY JUDGMENT)RULES PA.R.C.P.3252,3111 (a) CAPITAL ONE BANK(USA),N.A. In the Court of Common Pleas of a. Plaintiff CUMBERLAND County,Pennsylvania , r: vs. Civil Division -o a -°:1 DEBRA K KAIL 848 LINDSEY RD 4- CARLISLE PA 17015-9223 NO: 13-2278 CIVIL Defendant VS. PNC PNC BANK 331 BRIDGE ST PRAECIPE FOR WRIT OF EXECUTION AND NEW CUMBERLAND,PA 17070 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:DEBRA K KAIL (3) And against:PNC BANK 331 BRIDGE ST NEW CUMBERLAND,PA 17070 (4) and index this writ(a)against Defendant(s)(b)against PNC BANK 331 BRIDGE ST NEW CUMBERLAND,PA 17070 Garnishee(s), as a lis pendens against the real property of the defendant(s)in the name of the Garnishee(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): ***-**-7067; (5) Judgment Amount $3,114.64 Interest $.00 i 3o�� U[� "1 Payments $100.00 Clerks Fee $ Sheriff $ Poundage $ Total $ Date:January 30,2014 -} aq, 0 Ct Micha .Ratchford, squire FEdwin A.Abrahams, &Associates,P.C. Attorney for Plainti mratchford @eaa-I com 36'Walo WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-2278 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK(USA),N.A.Plaintiff(s) From DEBRA K.KAIL,848 LINDSEY ROAD,CARLISLE,PA 17015 (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: PNC BANK,331 BRIDGE STREET,NEW CUMBERLAND,PA 17070 and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the gamishee(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$3,014.64 Plaintiff Paid$ Interest Attorney's Comm. % Law Library$.50 Attorney Paid$60.25 Due Prothonotary$2.25 Other Costs$ Date: 2/25/14 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 1804 Attorney for: PLAINTIFF Telephone: 570-558-5510 Supreme Court ID No. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4 t k u 110 0 y�xt f i Baia rry,b Jody S Smith I '} C -5 itti hief Deputy '' ' Richard W Stewart CUMBERLAND COL} '-'` Solicitor .. _ EF, r PENNSYLVANIA? Capital One Bank (USA) N.A. Case Number vs. Debra K. Kail 2013-2278 SHERIFF'S RETURN OF SERVICE 03/03/2014 09:55 AM - Ryan Burgett, 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, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Beth Ann Eppley, Branch Manager, 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 March 4, 2014 to Debra K. Kail at 848 Lindsey Road, Carlisle, PA 17015. RYAN BUR VE I I, DEPU-W SO ANSWERS, March 04, 2014 RONR ANDERSON, SHERIFF CAPITAL ONE BANK (USA), NA. VS. DEBRA K KAIL 848 LINDSEY RD CARLISLE PA 17015-9223 VS. : In the Court of Common Pleas of Plaintiff : CUMBERLAND County, Pennsylvania : Civil Division NO: 13-2278 CIVIL Defendant : : Praecipe to Dissolve the Attachment against Garnishee PNC BANK 331 BRIDGE ST NEW CUMBERLAND , PA 17070 Garnishee : To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Dissolve the Attachment against Garnishee. Thank you, Michael F. Ratchfo d, Esquire Edwin A. Abraha sen & Associates, P.C. Lawyer ID # 86 :5 4Q,60 f)D. Kni c-0 3(o3-34 340 I Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILE-OFFD T. of emili`l/OF THE PROMONOimil OFFICE }?F THE SHERIFF 2O1 i OCT -=B AN II: 14 CUMBERLAND COUNTY PENNS YLYANIA Capital One Bank (USA) N.A. vs. Debra K. Kail Case Number 2013-2278 SHERIFF'S RETURN OF SERVICE 03/03/2014 09:55 AM - Ryan Burgett, 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, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Beth Ann Eppley, Branch Manager, 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 March 4, 2014 to Debra K. Kail at 848 Lindsey Road, Carlisle, PA 17015. 10/07/2014 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: $89.26 SO ANSWERS, October 07, 2014 RONIV R ANDERSON, SHERIFF so i- -- isic 476 gb3Sz (c) CourtySuiEe Sheriff, Teleosoft. Inc.