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HomeMy WebLinkAbout13-3547 CAPITAL ONE BANK (USA), N.A. In the Court of Common Pleas of 4851 COX ROAD CUMBERLAND County, Pennsylvania GLEN ALLEN, VA 23060 Civil Division Plaintiff C NO: �� J f vs. . DEWITT C ANDERSON 410 N ENOLA DR APT A PRAECIPE FOR ENTRY OF JUDGMENT ENOLA PA 17025 -2254 Defendant To the Prothonotary of CUMBERLAND County: 1) Enter Judgment on the attached Certified copy of Judgment from a District Justim A) Date of Instrument: August 21, 2012 r �� B) Amount of Judgment: $1,254.74 C) Interest From: August 21, 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), N.A. 4851 COX ROAD GLEN ALLEN, VA 23060 4) 1 hereby certify that the address of the defendant is: DEWITT C ANDERSON 410 N ENOLA DR APT A ENOLA PA 17025 -2254 Ile ichael . R t ford, Esquire Atto- y for Plaintiff Michael F. Ratchford, Esq ' e Edwin A. Abrahamsen & ssociates, P.C. 120 N. Keyser Ave Scranton, PA 18504 800 -503 -1665 Ext. 10 Attorney 1D 86285 CAPITAL ONE BANK (USA), N.A. In the Court of Common Pleas of 4851 COX ROAD CUMBERLAND County, Pennsylvania GLEN ALLEN, VA 23060 Plaintiff Civil Division 2 C,� NO: - ✓ S ! VS. DEWITT C ANDERSON 410 N ENOLA DR APT A NOTICE OF FILING JUDGMENT ENOLA PA 17025 -2254 Defendant Notice is herby given that a money jud ment in the above-captioned atter has been entered against you in the amount of $ / Sy . �7 on yt /�, N3 By: 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), N.A. In the Court of Common Pleas of 4851 COX ROAD CUMBERLAND County, Pennsylvania GLEN ALLEN, VA 23060 Civil Division Plaintiff NO: S ! `l ` VS. DEWITT C ANDERSON 410 N ENOLA DR APT A AFFIDAVIT UNDER SOLDIERS AND SAILORS ENOLA PA 17025 -2254 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): DEWITT C ANDERSON 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): DEWITT C ANDERSON is(are) older than eighteen years of age; That the employment status of the defendant(s): DEWITT C ANDERSON is(are) unknown. Michae F. Ratc rd, Esquire Subscribed before me this of CL 20 Notary Public COMMON WEALTH OF PENNSYLVANIA Notarial Seal Michael C. Sowa, Notary Public Plains 7wp., Luzerne County M Commissvion kspires )on. 24, 2014 Meftibdr, kribsvivania As wiatinn of mntarip COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -1 -03 CAPITAL ONE BANK (USA) NA MDJ Name: Honorable Richard S. Dougherty V. Address: 98 South Enola Drive, Suite 1 Dewitt C Anderson Enola, PA 17025 Telephone: 717-728-2805 CAPITAL ONE BANK (USA) NA Docket No: MJ- 09103 -CV- 0000207 -2012 c/o Hayt, Hayt & Landau, LLC Case Filed: 7/6/2012 123 S. Broad Street, Suite 1660 Philadelphia, PA 19109 -1003 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09103 -CV- 0000207 -2012 CAPITAL ONE BANK (USA) NA Dewitt C Anderson Default Judgment for Plaintiff 08/21/2012 Judgment Summary Participant Joint/Several Liability Individual Liability Amount CAPITAL ONE BANK (USA) NA $0.00 $0.00 $0.00 Dewitt C Anderson $0.00 $1,254.74 $1,254.74 Judgment Detail (`PostJudgment) In the matter of CAPITAL ONE BANK (USA) NA vs. Dewitt C Anderson on 8/21/2012 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $1,157.24 $1,157.24 Costs $0.00 $97.50 $97.50 Grand Total: $1,254.74 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. - AUG 2 12012 Date gisterial District Jud& and S. D gherty certify that this is a true and correct copy of the record o t e procee in containing the D I _ M st is trict dge z1 MDJS 315 Page 1 of 2 Printed: 08/21/2012 1:55:40PM CAPITAL ONE BANK (USA) NA Docket No.: MJ- 09103 -CV- 0000207 -2012 V. Dewitt C Anderson Participant List ` Plaintiffs C-0 � () r i -- CAPITAL ONE BANK (USA) NA cto Hayt, Hayt & Landau, LLC > t 123 S. Broad Street, Suite 1660" :r_' Philadelphia, PA 19109 -1003 � n -� C) Defendant(s) Dewitt C Anderson 410 N Enola Dr Apt #a Enola, PA 17025 Complainant's Attorney(s) Attorney Michael F. Ratchford, Esq. Edwin A Abrahamsen & Associates PC 120 N Keyser Avenue Scranton, PA 18504 MDJS 315 Page 2 of 2 Printed: 08/21/2012 1:55:40PM SCRA 3.0 +Y. r ti Status Depart ` , ,l Pursuant to Servlcemernbers Civil Mief Act Last Name: ANDERSON First Name: DEWITT Middle Name: Active Duty Status As Of: Jun -13 -2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NAB - Nom NA This response reflects the individuals' active duty status based on the Active Duty 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 l' _ NA ti No NA This response reflects where the individual left active .duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component + > NA ' NA i'. _ ­._7 - z ; No r�1 NA fir' This response reflects whether the individual or hi.Mh i unit has ieoeived early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,-based o n 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. - Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 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.htmi. 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, 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: 0305TD922OBBG30 IC • ..E • .44;ra.. CAPITAL ONE BANK(USA),N.A. • : In the Court of Common Pleas of Plaintiff : CUMBERLAND County,Pennsylvania : Civil Division vs. • DEWITT ANDERSON • 410 N ENOLA DR APT A : NO: 13-3547 CIVIL ENOLA PA 17025-2254 Cs-) • C--`• • 0 Defendant : vs. • PNC BANK c- c) 331 BRIDGE ST • C: •• •;7-- c_;-• NEW CUMBERLAND , PA 17070 : Garnishee : Praecipe for Entry of Appearance Kindly enter my appearance on behalf of CAPITAL ONE BANK (USA), N.A. in the above- captioned matter. „Ad Date:May 30, 2014 Signature. kimAtE Print le: Micha-1 F. Ratchford Esaue Address: 120 North Ke ser Avenue Scranton PA 18504 Telephone No: 570 558-5510 Ext. 121 Supreme Court ID No: 86285 PRAECIPE FOR WRIT OF EXECUTION—(MONEY JUDGMENT)RULES PA.R.C.P.3252,31.1.1 (a) CAPITAL ONE BANK(USA),N.A. In the Court of Common Pleas of C-) Plaintiff CUMBERLAND County,Pennsylvania vs. Civil Division �= ' DEWITT ANDERSON U' y 410 N ENOLA DR APT A ENOLA PA 17025-2254 NO: 13-3547 CIVIL Defendant PNC BANK t 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:DEWITT ANDERSON (3) And against:PNC BANK 331 BRIDGE ST NEW CUMBER-LAND,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): ***-**-8541 ; (5) Judgment Amount $1,254.74 Interest $71.37 Payments $ Clerks Fee $ Sheriff $ Poundage $ Total $ Date:May 30,2014 Michael F. atchford, Esquire Edwin A.Abrahamsen&Associat ,P.C. Attorney for Plaintiff SOF mratchford@)eaa-law.com df s O F C U � F i THE COURT OF COMMON PLEAS o 0 ' CUMBERLAND COUNTY PA z " a DAVID D.BUELL,PROTHONOTARY One Courthouse Square• Suite100 • Carlisle,PA • 17013 1750 (717)240-6195 www.ccpa.net CAPITAL ONE BANK(USA)N.A. Vs. NO 13-3547 Civil Term CIVIL ACTION—LAW DEWITT ANDERSON WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against DEWITT ANDERSON,410 N. ENOLA DRIVE,APT. A, ENOLA,PA 17025 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 PNC BANKGARNISHEE(S), as garnishee, 331 BRIDGE STREET, NEW CUMBERLAND, PA 17070 - 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 1 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 $1,254.74 Plaintiff Paid Interest$71.37 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $60.25 Other Costs Date: 6/23/14 106U�. David D.Buell,Prothonotary (Seal) 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY a! !I 9 fill -''.,MbER fAicJ PEt'NSYLVA I . Capital One Bank (USA) N.A. vs. Dewitt C Anderson Case Number 2013-3547 SHERIFF'S RETURN OF SERVICE 06/27/2014 05:05 PM - Noah 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, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Susan Casale, Branch Financial Sales Consultant, 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 June 30, 2014 to Dewitt Anderson at 410 N Enola Drive, Apartment A, Enola, PA 17025. NOAH CLINE, DEPUTY SO ANSWERS, June 30, 2014 RONNY R ANDERSON, SHERIFF (c)CountySuite Sheriff, Teleosoft, Inc. CAPITAL ONE BANK (USA), N.A. vs. DEWITT ANDERSON 410 N ENOLA DR APT A ENOLA PA 17025-2254 vs. In the Court of Common Pleas of Plaintiff : CUMBERLAND County, Pennsylvania Civil Division NO: 13-3547 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, ichael F. Ratchford, .quire Edwin A. Abrahamsen & Associates, P.C. Lawyer ID # 86285 C7 ria -aw 1. r-, C:: r— cn r— > T> CJ —C, ' C) .:,i: L•J l J � k � Q So� at+,1 Cts .1c/c1 ca