HomeMy WebLinkAbout12-67702124126
BY: FREDERIC ~. WEINBERG, ESQUIRE
Identi.ficati.on No.: 41360
JCEL v1. FUNK, ESQUIRE
Identification No.: 41200
CAPITAL ON=~ BANK (USA), N.A..
vs.
RONALD P CLARK
202 MEALS DR
CARLISLE PA 17015-3179
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COURT OF COMMON PLEAS
CUMBERLAND COUNTY
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DOCKET NO . J p2 - ~~~~~ (,~I V Lf ~ ~elrGit
PRAECIPE FOR ENTRY OF APPEARANCE TRANSFER OF JUDGMENT ASSESSMENT OF
DAMAGES AND VERIFICATION OF ADDRESS(ES), VALIDITY AND NON MILITARY
SERVICE
"?0 THE PROTHONOTARY:
~~:ter my appearance for the Plaintiff in the above matter; enter
judgments in favor of Plaintiff(s) against Defendant(s) on the duly
authenti.cat;ed cod>y of the magisterial district. justice judgment hereto
attached, entered.in the jurisdiction noted therein, and assess damages
as follows:
$2,190.69 Judgment
$21.25 Post Judgment Interest
$.00 Post Judgment Payments
$2,211.94 Total
F'~arsuant to the penalties of 18 Pa.C.S. Section 4904 e_at;ing to
unsworr. falsific<~tion to authorities, I verify that: (1) he precise
last kno~~~n address (es) of the Plaintiff (s) and Defendant (s) are as
above.; (2 that said judgments were entered by t:he Magisterial Court
in the said jurisdiction in said amount with costs and interest due as
noted, no part o:E which has been paid (except as noted) a.r~id which is
valid, enforceable and unsatisfied; find a copy of which t~ at.tached
hereto; (3i and that the Defendant(s) is (are) over i8 year=~~ cf. age and
not in the military service of the Un~_ted States or i_t,~ ~:11ies or
otherwise. within coverage of the Soldiers and Sailors Relief Act of
1940, us amended, and had (have civilian occupati.on(s).
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FREDERIC I. WEIN E~ ESQUIRE
JGEL M. FUNK, ESQUIRE
DAMAGES ASSESSED AND JUDGMENT(S)
ENTER D F,S ABOVE NOTICE(S) GIVEN
UNDER A. R. V.~~36
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BY: FRED:~RIC I. WEINBERG, ESQUIRE
Identification No.: 41360
~7CEL M. FLII~IK, ESQUIRE
Ient~.ficat~.on No.: 41200
CAPITAL ONF, BANK (USA), N.A..
vs.
RONALD P CLARK
202 MEALS DR
CARLISLE PF~. 17015-3179
2124126
COURT OF COMMON PLEA,
CUMBERLAND COUNTY
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DOCKET NO . I
NOTICE
Pursuar:t to Pa.R.Civ.P. 236 of the Supreme Court of Pennsyl.vani.a, you
are hereby notified that a judgment has been entered against you in the
above :proceeding as indicated below.
L~ Judgment by Default
/x / Money Judgment $ 2,211.94
LL Judgment on Award of Arbitrators
LL Judgment on Verdict
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CA ATTORNEYS:
FREDER~C I. WEINBERG OR JOEL M. FU NK, E UI:RE T S TEL E NUMBER:
~~~SI~2- PROTHON
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COMMONWEALTH OF PENNSYLVANIA ~~ ~;°;~ Notice of Judgment/Transcript Civil
COUNTY OF CUME3ERLAND °~.
,~ ~~ ~ _~~ Case
~~ ~r
Mag. Dist. No: MDJ-09-3-03
MDJ Name: Honorable Susan K. Day
Address: 229 Mill Street
P.O Box 167
Mount Holly Springs, PA 17065
Telephone: 717 -486-7672
Frederick I Weinberg, Esq.
Gordon & Weinberg.. P.C.
1001 E. Hector St. Suite 220
Conshohocken. PA 19428
Disposition Summary
Docket No
MJ-09303-CV-0000198-2012
Judgment Summary
Participant
Capital One Bank IUSA). N A.
Ronald P. Clark
JointlSeveral Liabilitv Individual Li~lity
$o.oo $o.oo
$0.00 $2,190.69
Capital One Bank (IJSA), iV.A.
v.
Ronald P Clark.
Docket No: MJ-0930;'s-CV-0000198-2012
Case Filed: 7/10/2012
Disposition ~Dis'tosit'ra}t Date
Default Judgment for Platntiff~ _..._ 08127/2012
_:_ ~~
Am ouht
$o.oo
$2,190.69
Judgment Detail ('Post Judgment)
In the matter of Capital One Bank (USA), N.A. vs. Ronald P. Clark on 8/27/2012 the judgment was awarded as follows:
Judgment Component Joint/Several Liabilitv Individual Li~,i„bility Deposit Applied Amount
Civil Judgmen': $0.00 $2,053.81 $2,053.81
Costs $0.00 $103.00 ;;103.00
Server Fees $0.00 $33.88 $33.88
Grand Total: $2,190.69
ANY PARTY HAS THE RIGHT TG 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 TFiE 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.
Plaintiff Defendant
Capital ~Dne Bank (USA), N.A. Ronald P. Clark
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Date Magi ri I District Judge Susan K. Dav
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MDJS 315 Page 1 of 2 Printed: 09/27/2012 10:59:52AM
MAR4 R. CORDON
FREDERIC I. WEINBERG'
JOEL M. FLINK'
CHRISTOPHER S. FROBA"
DAVID H. LIPOW"
`Also member NJ Bar
1001 E. HECTOR STREET
SUITE 220
CONSHOHOCKEN, PA 19428
A t t o r n e y s a t L a w
September 14, 2012
1200 LAUREL OAK ROAD
SUITE 104
VOORHEES, NJ 08043
PHONE: (484) 35i-0500
FACSIMILE: (484) 351-0501
TOLL FREE: (866) 465-8087
(I?eply to PA Office)
H~?*~orahle S._lsar. K. %)a~~
Magisterial District Court 09-3-03
229 Mill Street
Mount Holly Springs, PA 17065
RE: CAPITAL ONE BANK (USA), N.A. vs. RONALD P CLARK
Cumberland County District Justice Court; Docket Number M.I-09303-CV-0000198-2012
Our File No. 2124126
Honorable Susan K. L)ay:
Please be advised that I represent the plaintiff in the above-captioned matter. I am writing
to request that you provide me with a certified copy of the judgment (with a raised seal)
regarding the above-captioned matter so that we can transfer this matter to the Court of
Common Pleas. I was advised by a representative of your office that there is no fee for this
request, however, if this information is incorrect please contact my office at 484-3 ~ 1-0500,
extension 120. Kindly return a certified copy of the judgment (with a raised seal) in the
enclosed self-addressed stamped envelope provided herein for your convenience.
Thank you for your attention to this matter.
Very truly yours,
CORDON & INBERG, P.C.
...,1.r
FREDERIC I. WEINBERG, ESQUIRE
FIW/NH
E033
www. gordonweinberg. com
CUMMONWEAL_TN aF PENNSYLVANIA
COUfJTY OF: Cumberland
09-3-03
MOJ Name: Non,
Honorable Susan K, Day
Add.nas: 229 MiA Street
Mount Holly Springs, PA 17065
rei,Pn~~~: (717j486-7672
CIVft~ COMPLAINT
PLAINTIFF; NAME errs AooRESs
Capital One Bank (USA), N A
4851 Cox Road
Glen Alien, VA 2306Q
L` ~
VS.
DEFEN DANT; 4AME drtd ADDRESS
~ ~
RONALD P CLARK
202 MEALS DR
CARLISLE PA "7015-3179
Darket tYO,, l~'y ~ q O ~l
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Date Filed:~~! C~ _,_, ~`~., ^a~
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AFAQUNT DATE PAtb
FILING CASTS $ /~~~j. GV 1 !
posTAC;E ~ ! ~ Social secutity numbers and financial infprmation
sFHVICF cc3s7s v,.2 c~ ~ d' ~ I f (e.g. PlN5) should not be listed. If the identity of an
CON5TA8L.E ED $ ~ (~ I / acCt7tmf number muse be established, list only the
TpTAt_ $f,~ ~, ~ ~ ~ ! ,l U ! ~ Z last four digits. 204 Pa.Cade §§ 293.1 •~ 2? 3.1.
Pa.R,C.P D.J. No. 206 sets forth those Costs recaverabie by the prevailing party
TO THE DEFENDANT: The above named plaintiff{s} asks judgment against you for $ 205~.$t together with costs
upon the following claim {Civil fines must include citation of the statute or ordinance violated);
The defendant was the holder of a credit card issued by the plaintiff and accepted and used the aforesaid credit card
and by do+ng so agreed to perform the terms and conditions prescribed for the use ,~f said credit card. The defendant
utilized the credit card issued by the plaintiff. A true and correct copy of the affidavit of account is attached hereto as
Exhibit "A" and incorporated herein by reference. All credits to which the defendant is entitled have been applied and
there remains a ~baiance due in the amount of $2,053.$1. Piaintifi has made demand upon tine defendant for payment
of the balance due but the defendant has failed and refused to pay the same or any part thereof. Defendant's fast
payment on 2ccount was made on Juiy 16, 2011, WHEREFt~RE, plaintiff claims of the defendant(s1 the sum of
X2,053.81 plus applicable costs and interest.
I, Frederic I. Weinberg Esq. _ verify that the facts set forth in this complaint arc true and correct to the
toast of my knowierige, irtfarmation, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes
Code {t8 PA. C.S. ~ 4904) related to unsworn falsification to authorities.
~~
(S~gnatur of ainti ur uthorizcc3 Agent)
The plaintiff's attorney shall tiie an entry of appearance with the magisterial district court pursuant to Pa.R C; F~.'N.D J. 207.1.
IF YOU INTEND 70 ENTER A DEFENSE Tp TM15 COMPLAINT, YDU SHOULD 50 NOTIFY THIS OFFICE IMMEDIATELY AT THE
ABOV!~ TELEPHONE NUMBER. YOU MUST APPEAR AT THE NEARING AND PRESENT YOUR DEFENSE. UNLESS YpU DO,
JUDGMENT MAY 8E ENTERED AGAINST YOU BY DEFAUL7_
if you have a claim ago+nst the plaintiff which is within magisterial district judge jurisdiction and which you intend
to assert at the hearing, yot.a must file it on a complaint form at this office at least five (5) days bef'(~rr=. the date set
for the hearing.
If you are disabled and require a reasonable accommodation to gain access to the Magisterial District
Court and its services, please contact the Magisterial District Court at the above address or telephone
number. We arc unable to provide transportation.
AOPC 30$A-.