HomeMy WebLinkAbout13-1452 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
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Mag. Dist. No: MDJ- 09 -3 -02 Capital One Bank
MDJ Name: Honorable Vivian Cohick V.
Address: 55 Penn Drive Robin L Barnhart
Newville, PA 17241
Telephone. 717- 776 -3187
Paul John Klemm, Esq. Docket No: MJ- 09302- COOOl
— V
Nudelman Nudelman & Ziering Case Filed: 2/29/2008p
425 Eagle Rock Ave.r�,
Roseland, NJ
W .
Disposition Summary
Docket No Plaintiff Defendant Disposition Disposition Date
MJ- 09302 -CV- 0000039 -2008 Capital One Bank Robin L Barnhart Default Judgment for Plaintiff 04/021200£
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Capital One Bank $0.00 $0.00 $0.00
Robin L Barnhart $0.00 $1,651.91 $1,651.91
Judgment Detail ( *Post Judgment)
In the matter of Capital One Bank vs. Robin L Barnhart on 4/02/2008 the judgment was awarded as follows:
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $1,582.91 $1,582.91
Costs $0.00 $69.00 $69.00
Grand Total: $1,651.91
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
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
Date Magisterial District Judge Vivian Cohick f'
certify that this is a true and correct copy of the record of the proceedings containing the judgment.
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Date Magisterial District Judge
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MDJS 315 Page 1 of 2 Printed: 02/25/2013 1129:23AM
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Capital One Bank Docket No.: MJ- 09302 -CV- 0000039 -2008
v.
Robin L Barnhart
Participant List
Plaintiff(s)
Capital One Bank
Paul Klemm Esq
50 Harrison Street Suite #206
Hoboken, NJ 07030
Defendant(s)
Robin L Barnhart
1483 Goodyear Road
Gardners, PA 17324 -8906
Complainant's Attorney(s)
Paul John Klemm, Esq.
Nudelman Nudelman & Ziering
425 Eagle Rock Ave
Roseland, NJ
MDJS 315 Page 2 of 2 Printed: 02/25/2013 11:29:23AM
COMMONWEALTH OF PENNSYLVANIA CIVIL A4;07IC 4
COUNTY OF CMMZRLAM HEARING NOTI c',E
Meg. Dist, No.: PLAINTIFF: ,AAa : nr 7 .DDRE:SS
09 -3 -02 1- c"ITAL ONE BAEZ
MDJName: Hm. 50 NARRIS0Z STRZZI APVSTE 206
VIVIAN CORIClt PAUL EL ESQ
Ad` P0 BOX 155 LHO II 11, NJ 07030 J
27 W BIG SPRING AVZ Vr.
NENVILLE, PA DEFENDANT: wAM _ end -,DDRESS
Telephone: (717) 776 -3187 17241 r - RARESART, ROBIN L
1483 GOODTEAR ROAD
ATTORMM FOR PLAINTIFF : GARDNERS, PR 17324 -8901►
PAUL J. xx> L J
50 HARRISON ST Docket No.: CT- 0000039 -08
STE 206 Date Filed: 2/29/06
NOBOLRR, NJ 07030
A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for:
Date: 4/02/08 Place: DISTRICT COURT 09 -3 -02
PO BOX 155
Time: 27 X BIG SPRING AVE
9:30 Alt MENPILLE, PR 17241
717- 776 -3187
NOTICE TO DEFENDANT —
If you Intend to enter a defense to this complaint, you should so notify this office Immediately at the above
telephone number.
YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO,, JUDGMENT MAY
BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend
to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set
for the hearing.
Pursuant to Pa.R.C.P.D.J. No. 342(6)(2), no claim by the defendant will be permitted in a supplementary action
filed for failure of judgment creditor to enter satisfaction.
NOTICE TO PLAINTIFF
Pursuant to Pa.R.C.P.D.J. No. 318, you or your attorney will be notified if the defendant gives notice of his/her
intention to defend.
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 are unable to provide transportation.
AOPC 3068 -05 DATE P1331TZDIt 2/29/08 9:49:11 AN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND CIVIL COMPLAINT
MayleteAat Mtrtct Number: PLAINTIFF: NAME and ADDRESS
09 -3 -02 ( CAPITAL ONE BANK,
MD ' N orm "° c/o 50 HARRISON ST., STE. 206,
HON. VIVIAN J. COHICK HOBOKEN, NJ 07030
Addr.se: 27 WEST BIG SPRING AVE
PO BOX 155
NEWVILLE, PA 17241 �-- vs. --�
717 -776 -3187
DEFENDANT: NAME and ADDRESS
— ROBIN L BARNHART
1483 GOODYEAR RD
GARDNERS, PA173248906
Docket No: C'•�/ ?'�" ���
n
Da te Filed: r•. •
AMOUNT DATE PAID
FILING COSTS $ 14 , L �/ n� / d
POSTAGE
SERVICE COSTS 5 I 1
CONSTABLE ED.
TOTAL $
Pa.R.C.P.D.J. No 206 sets forth those costs recoverable by the prevailing party.
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 1582.91 together with costs
upon the following claim (Civil fines must include citation of the statute or ordinance violated):
Defendant owes Plaintiff the above referenced sum for:
Breach of contract on credit card account number 5178052328329053
Money due and owing on an account stated;
Money due and owing on an open book account;
Reasonable value of goods sold and delivered and /or services rendered; and Unjust enrichment
The account was opened on 06/28/03 and the account charged -off on 11/19/05.
I, PAUL KLEMM verify that the facts set forth in thi mplaint are true and correct to the
best of my knowledge, information, and belief. This statement Is made subject to of Section 4904 of the Crimes
Code (1S PA. C.S § 4904) related to inswom falsification to authorities.
Plalntlffs (Signature of Plaintiff or Atdhw4ed Agent)
Attomey: PAUL KLEMM Addmsa: 50 HARRISON ST., STE. 206
Telephone: (201) 217 -3400 HOBOKEN, NJ07030
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD 30 NOTIFY THIS OFFICE IMMEDIATELY AT THE
ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO,
JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you
intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days
before the date set for the hearing.
H 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 are unable to provide transportation.
AOPC 308A -05
CAPITAL ONE BANK IN THE COURT OF COMMON
15000 Capital One Drive COMMON PLEAS, CUMBERLAND
RICHMOND VA 23286 COUNTY, PENNSYLVANIA
vs. DOCKET NO.:
ROBIN L BARNHART
1483 GOODYEAR RD
GARDNERS PA 17324 -8906
VERIFICATION /AFFIDAVIT OF NON - MILITARY SERVICE
The undersigned does hereby verify, subject to the penalties of 18 Pa.C.S.A. § 4904,
relating to unsworn falsification to authorities, that the undersigned is the attorney for the
Judgment Creditor, CAPITAL ONE BANK; with a mailing address of c/o Nudelman, Klemm and
Golub, P.C., 425 Eagle Rock Ave. - Suite 403, Roseland NJ 07068; and that the last known
address of the Judgment Debtor(s), ROBIN L BARNHART, is believed to be: 1483 GOODYEAR
RD GARDNERS PA 17324 -8906 ; and that the Judgment is valid, enforceable and unsatisfied,
and that the facts set forth in the foregoing Praecipe are true and correct to the best of the
undersigned's knowledge, information and belief.
"The undersigned, being duly sworn according to law, deposes and says that to the best of
his knowledge information, and belief the above captioned Defendant is not in the Military or
Naval Service of the United States or its Allies, or otherwise within the provisions of the Service
Members Relief Act, 50 App. U.S.C. § 501 et. seq. (amended in 2004).
Nudelman, Klemm and Golub, P.C.
MAR 13 2013
Robert L. Baroska 3`, Esquire
Attorney for Plaintiff
File # PKN09613
CO -�
N)
Department of Defense Manpower Data Center Results as of Mar -" -2013 1145 26
Sr RA 3A
Pursuant to Serviceme-mbers Civil Relief Act
Last Name: BARNHART
First Name: R OBIN
Middle Name: L
Active Duty Status As Of: Mar -13 -2013
On Active Duty On Active Duly Status Date
Active Duty StariDate - gcuveDuty End Date status Service Component
NA NA No NA
This response reflects the individuals' active duty status based on iha Active Duty Status Date
Left Active Duty within 367 Days of Active fluty Status Date
Active Duty Start Date - Aclive Duty End Date. Status Service �omponeni
NA NA No NA
This response reilecls where the individual left aclroe dirty; 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 Duly on Active Duty Status Date
Order Noliiication Stan Dale Order Nouficaton End Date Status Serolce'Componem
NA NA No NA
This response rellecls whether themdivldual orhisrher unit has received early notili0ation to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, 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.
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.
4WAY, 1�_ ,
Mary M. Snavely - Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive. Suite 04E25
Arlington, VA 2235C
File #: PKNO9613