Loading...
HomeMy WebLinkAbout13-3624 Nudelman, Klemm, & Golub, P.C. Attorney(s) for Plaintiff (NN29319) 425 Eagle Rock Avenue - Suite 403 Roseland, NJ 07068 (973) 618 -0000 [tel.] (973) 618 -0647 [fax] CAPITAL ONE BANK (USA), N.A. IN THE COURT OF COMMON PLEAS 15000 Capital One Drive CUMBERLAND COUNTY, RICHMOND VA 23286 PENNSYLVANIA VS. DOCKET NO.: DIAN M FARLING 90 ASHFORD DR ENOLA PA 17025 -2331 TO THE CUMBERLAND COUNTY PROTHONOTARY: PRAECIPE TO TRANSFER/ENTER JUDGMENT/ENTRY OF APPEARANCE Please enter Robert L. Baroska, 3` Esquire and the Law Office of Nudelman, Klemm & Golub, P.C. as counsel of record for Plaintiff, CAPITAL ONE BANK (USA), N.A. in the above captioned matter. Kindly enter judgment, indexing the same as captioned above, in favor of the Plaintiff and against the Defendant(s), DIAN M FARLING, in the amount of $1,190.47, in accordance with the Magisterial District Court Judgment for money damages docket to CV- 0000320 -08, a certified copy of which is being filed herewith. Damages are computed as follows: Amount of Judgment: $1,190.47 - :x CMAJ --+ INTEREST (from November 6, 2008) $0.00 �rn c rn— COSTS (Expended post judgment) $0.00 Cn'r -- N ern r— ---4 c Less Payments /Adjustments made -$.00 Q Total: $1,190.47 -' Nudelman, Klemm and Golub, P.C. By Robert L. Baroska 3` Esquire X31 go pn-Lt P.A. ID # 306728 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ- 09 -1 -03 Capital One Bank MDJ Name: Honorable Richard S. Dougherty V. Address: 98 South Enola Drive, Suite 1 Dian Farling Enola, PA 17025 Telephone: 717- 728 -2805 Capital One Bank Docket No: MJ- 09103 -CV- 0000320 -2008 425 Eagle Rock /Ste 403 Case Filed: 9/25/2008 C/O Paul Klemm Roseland, NJ 07068 Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09103 -CV- 0000320 -2008 Capital One Bank Dian Farling Default Judgment for Plaintiff 11/06/2008 Judgment Summary -- -- - -- -- Participant Joint/Several Liability Individual Liability Amount Capital One Bank $0.00 $0.00 $0.00 Dian Farling $0.00 $1,190.47 $1,190.47 Judgment Detail ( *Post Judgment) v In the matter of Capital One Bank vs. Dian Farling on 11/06/2008 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $1,111.47 $1,111.47 Costs $0.00 $79.00 $79.00 Grand Total: $1,190.47 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 JUDGMENTITRANSCRIPT 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. y ., / 1 1 Lxv t ; Date Magi ial Distri t Judge c and . Dougherty �'° TO certify that this is a true and correct copy of the record of the proceeclings ntatning t o m t. t I FV gi erial istri t Judge MDJS 315 Page 1 of 2 Printed: 05/28/2013 2:04:05PM V Capital One Bank Docket No.: MJ- 09103 -CV- 0000320 -2008 V. Dian Farling Participant List Plaintiff(s) Capital One Bank 425 Eagle Rock /Ste 403 C/O Paul Klemm Roseland, NJ 07068 Defendant(s) Dian Farling 90 Ashford Drive Enola, PA 17025 Complainant's Attorney(s) Ziering, Pc Nudelman, Nudelman &, Esq. . Attn: Paul Klemm, Esq. 425 Eagle Rock Ave 403 Roseland, NJ 07068 MDJS 315 Page 2 of 2 Printed: 05/28/2013 2:04:05PM CAPITAL ONE BANK (USA), N.A. IN THE COURT OF COMMON 15000 Capital One Drive COMMON PLEAS, CUMBERLAND RICHMOND VA 23286 COUNTY, PENNSYLVANIA VS. DOCKET NO.: DIAN M FARLING 90 ASHFORD DR ENOLA PA 17025 -2331 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 (USA), N.A.; 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), DIAN M FARLING, is believed to be: 90 ASHFORD DR ENOLA PA 17025 -2331 ; 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. JINN 1.8 2013 Robert L. Baroska 3` Esquire Attorney for Plaintiff File # NN29319 i I ' Department of Defense Manpower Data Center Results as of : Jun-18-2013 11:16:33 SCRA 3.0 stalm Report Nrsuant to S Civil Relief Act Last Name: FARLING First Name: DIAN Middle Name: M Active Duty Status As Of: Jun -18 -2013 Active Duty Starf rata . � �; , Acttve Duty End Dete _: , B.ietus service CompoOerif NA NA f :�tdo NA This response reflects'tha thdiytduals sctive'duly sielus,`be'sed on th Status Date ...' ' ,i L.eftAdlve Duty.Wahin 367,t7ayg oY Actni�f?uty StatU Date .::. AcndeD4lyStertDate:� .'. AclrveDiityEndbate - .? ' ,Sfatu§ ' Seroics�Compohent.;` NA This response reflects wherd: dindiKidual left active dNystetus wdtittr: 6T., ays preceding the'4web"u1y Status Date NA NA ;, The Memberor I9ts/Her U[ut Was NoAi�edq {a Future Call l }p taAb6ve bu]y on Act(va Duty Status Det� :Order NotAiaaUon St6rl pale � � ..Crd'drAfoHitiafl9h Ertl Dete $iatu; SeroiceComdonant:� � -. ` r This response reflects whether the rtidrvYduaf brapsRier and has rec@iyed 8adyngth!Ca40n'to report for active duty Upon searching the data banks of the Department of Defense Manpower Dw" ntsr; E asscJ 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. I I Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 041125 Arlington, VA 22350 I I i File #: NN29319 i I 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 at 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: httpJ/ 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 Tifle 10 and Tits 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: 4305WB13508FYA0 I I I i File #: NN29319 CAPITAL ONE BANK (USA), N.A. IN THE COURT OF COMMON 15000 Capital One Drive PLEAS, CUMBERLAND RICHMOND VA 23286 COUNTY, PENNSYLVANIA DOCKET NO.: VS. DIAN M FARLING 90 ASHFORD DR ENOLA PA 17025 -2331 CERTIFICATE OF SERVICE V&ah&1'&hereby certify that on this jd day of 20_t � I mailed a true and correct copy of the foregoing praecipe for entry of judgme upon the party(s) or representative(s) named below and in the manner indicated: Via first class mail postage prepaid: DIAN M FARLING 90 ASHFORD DR ENOLA PA 17025 -2331 File #:NN29319 I I i I i i I I I I CAPITAL ONE BANK (USA), N.A. IN THE COURT OF COMMON PLEAS 15000 Capital One Drive CUMBERLAND COUNTY, RICHMOND VA 23286 PENNSYLVANIA vs. DOCKET NO.: DIAN M FARLING 90 ASHFORD DR ENOLA PA 17025 -2331 NOTICE OF JUDGEMENT OR ORDER TO: () Defendant ( ) Garnishee You are hereby notified pursuant to Pa. R.C.P. 236 that the following order of judgment was entered against you on: ALs of Ju "p 20 2 ( ) Judgment in the amount of $1,190.47 plus costs. ( ) Entry of Judgment of: ( ) Court Order ( ) Non -Pros ( ) Confession ( ) Default ( ) Garnishee ( ) Verdict ( ) Arbitration Award ( ) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. i If you have any questions concerning this notice please contact Plaintiff's counsel, Nudelman, Klemm, & Golub, P.0 at 973/618 -0000. BY ORD OF P TH TARY: By: .� ROTHONOTARY i i i