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HomeMy WebLinkAbout13-5575 2158773 !LED °CaF!"ICE GORDON & WEINBERG, P.C. C`�y. THE P R 0 T 4-iOt10 1AR, Y BY: FREDERIC I. WEINBERG, ESQUIRE il� "� Identification No.: 41360 JOEL M. FLINK, ESQUIRE CUMBERLAND COUN Identification No.: 41200 € ENNSYLVANIA 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351 -0500 CAPITAL ONE BANK (USA), N.A. COURT OF COMMON PLEAS 4851 COX ROAD CUMBERLAND COUNTY GLEN ALLEN, VA 23060 VS. DOCKET NO. : (Z) - 5525 CATHARINE J BURNS 208 SENATE AVE APT 918 CAMP HILL PA 17011 -2364 PRAECIPE FOR ENTRY OF APPEARANCE TRANSFER OF JUDGMENT ASSESSMENT OF DAMAGES AND VERIFICATION OF ADDRESS(ES), VALIDITY AND NON MILITARY SERVICE TO THE PROTHONOTARY: Enter my appearance for the Plaintiff in the above matter; enter judgments in favor of Plaintiff(s) against Defendant(s) on the duly authenticated copy of the magisterial district justice judgment hereto attached, entered in the jurisdiction noted therein, and assess damages as follows: $3,694.32 Judgment $105.67 Post Judgment Interest $.00 Post Judgment Costs 31, P.D A $.00 Post Judgment Payments C i880go'2 $3,799.99 Total #x9597® Pursuant to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, I verify that: (1) the precise last known address(es) of the Plaintiff(s) and Defendant(s) are as above.; (2) that said judgments were entered by the Magisterial Court in the said jurisdiction in said amount with costs and interest due as noted, no part of which has been paid (except as noted) and which is valid, enforceable and unsatisfied; find a copy of which is attached hereto; (3) and that the Defendant(s) is (are) over 18 years of age and not in the military service of the United States or its allies or otherwise within coverage of the Soldiers and Sailors Relief Act of 1940, as amended, and had (have civilian occupation(s). Date: I 1� 1)� FREDERIC I. WEI B RG, ESQUIRE JOEL M. FLINK, kS UIRE DAMAGE SS SED D JUDGMEN -�S) ENTERED S AB E N ICE (S) I EN UNDER P R.0 6 Pro Prothonotary 2158773 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351 - 0500 CAPITAL ONE BANK (USA), N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. VS. CATHARINE J BURNS 208 SENATE AVE APT 918 CAMP HILL PA 17011 -2364 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. f� Judgment by Default $3,799.99 /x / Money Judgment $$3,799.99 LL Judgment on Award of Arbitrators$ �L Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUI S AT THIS TELEPHONE N BER: 484/351 -0500 - mo PROTHONOTARY Department of Defense Manpower Data Center Results as of: Sep -12- 201307:49:34 SCRA 3.0 Status Deport Pursuant to Servieernemben Civil Relief Act Last Name: BURNS First Name: CATHARINE Middle Name: J Active Duty Status As Of: Sep -12 -2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duly 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 NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HistHer Unit Was Notified of a Future Call -Up to Active Duty on Active Duly Status Date Order Notification Start Date Order Notification End Date Status Service Component NA I NA No NA This response reflects whether the individual or his/her unit has received early notification 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 00 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 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, fiend, 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 /os/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(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: 34E6G8A8TODAE80 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case r Mag. Dist. No: MDJ- 09 -1 -03 Capital One Band (USA) N.A. MDJ Name: Honorable Richard S. Dougherty V Address: 98 South Enola Drive, Suite 1 Catharine J Burns Enola, PA 17025 Tel ep h one: 717- 728 -2805 Capital One Band (USA) N.A. Docket No: MJ- 09103 -CV- 0000005 -2013 4851 Cox Road Case Filed: 1/16/2013 Glen Allen, VA 23060 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09103 -CV- 0000005 -2013 Capital One Band (USA) N.A. Catharine J Burns Default Judgment for Plaintiff 03/21/2013 Judgment Summary Participant Joint /Several Liability Individual Liability Amount Capital One Band (USA) N.A. $0.00 $0.00 $0.00 Catharine J Burns $0.00 $3,694.32 $3,694.32 Judgment Detail (`Post Judgment) In the matter of Capital One Band (USA) N.A. vs. Catharine J Burns on 3/21/2013 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $3,562.67 $3,562.67 Filing Fees $0.00 $131.65 $131.65 Grand Total: $3,694.32 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. MAR 2'12013 Date Magisterial District Judge and S. Do gherty -r certify that this is a true and correct copy of the record of the procee ings 5perraining the lug t. AUG 13 2013 Date a ' terial District &9e MDJS 315 Page 1 of 2 Printed: 08/13/2013 8:26:08AM COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ- 09 -1 -03 Capital One Band (USA) N.A. MDJ Name: Honorable Richard S. Dougherty V Address: 98 South Enola Drive, Suite 1 Catharine J Burns Enola, PA 17025 Telephone: 717- 728 -2805 Frederic Ivan Weinberg, Esq. Docket No: MJ- 09103 -CV- 0000005 -2013 Gordon & Weinberg PC Case Filed: 1/16/2013 1001 East Hector Street Ste 220 Conshohocken, PA 19428 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09103 -CV- 0000005 -2013 Capital One Band (USA) N.A. Catharine J Burns Default Judgment for Plaintiff 03/21/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Capital One Band (USA) N.A. $0.00 $0.00 $0.00 Catharine J Burns $0.00 $3,694.32 $3,694.32 Judgment Detail ( *Post Judgment) In the matter of Capital One Band (USA) N.A. vs. Catharine J Burns on 3/21/2013 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $3,562.67 $3,562.67 Filing Fees $0.00 $131.65 $131.65 Grand Total: $3,694.32 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT /TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. .. _..._ MAR 2 1 2013 Date gisterial District Pdge Ri 1 and S. ougherty certify that this is a true and correct copy of the record of the procee m containing t e u mejft. AUG 1$ 2013 -� Date Mag k terial Distri ge MDJS 315 Page 1 of 2 Printed: 08/13/2013 8:26:08AM Capital One Band (USA) N.A. Docket No.: MJ- 09103 -CV- 0000005 -2013 v. Catharine J Burns Participant List Plaintiff(s) Capital One Band (USA) N.A. 4851 Cox Road Glen Allen, VA 23060 Defendant(s) Catharine J Burns 208 Senate Ave, Apt 918 Camp Hill, PA 17011 Complainant's Attorney(s) Frederic Ivan Weinberg, Esq. Gordon & Weinberg PC 1001 East Hector Street Ste 220 Conshohocken, PA 19428 MDJS 315 Page 2 of 2 Printed: 08/13/2013 8:26:08AM Capital One Band (USA) N.A. Docket No.: MJ- 09103 -CV- 0000005 -2013 v. Catharine J Burns Participant List Plaintiff(s) Capital One Band (USA) N.A. 4851 Cox Road Glen Allen, VA 23060 Defendant(s) Catharine J Burns 208 Senate Ave, Apt 918 Camp Hill, PA 17011 Complainant's Attorney(s) Frederic Ivan Weinberg, Esq. Gordon & Weinberg PC 1001 East Hector Street Ste 220 Conshohocken, PA 19428 MDJS 315 Page 2 of 2 Printed: 08/13/2013 8:26:08AM