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HomeMy WebLinkAbout14-4165 . � J Nudelman,Klemm,&Golub,P.C. Attorney(s)for Plaintiff(NN43659) 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 c.- vs. DOCKET NO. : THOMAS J WILLIAMS 81 LINDA DR C::) MECHANICSBURG PA 17050-1517 TO THE CUMBERLAND COUNTY PROTHONOTARY: PRAECIPE TO TRANSFERIENTER JUDGMENTIENTRY OF APPEARANCE Please enter Robert L. Baroska, 3`d, 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), THOMAS J WILLIAMS, in the amount of$1,911.29, in accordance with the Magisterial District Court Judgment for money damages docket to CV-0000303-09, a certified copy of which is being filed herewith. Damages are computed as follows: Amount of Judgment: $1,911.29 INTEREST(from August 20, 2009) $0.00 COSTS (Expended post judgment) $0.00 Less Payments/Adjustments made -$.00 Total: $1,911.29 Nudelman, Klemm and Golub, P.C. By `' &Z Robert L. Baroska 3`d, Esquire P.A. ID # 306728 &�'A COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND - Case Mag. Dist. No: MDJ-09-3-04 Capital One Bank (Usa), N.A. MDJ Name: Honorable Kathryn H. Silcox V. Address: 5275 East Trindle Road Thomas J Williams Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Capital One Bank(Usa), N.A. Docket Nod MJ-09304-CV-0000303-2009 C/O Paul J. Klemm, Esq. Case Filed: 5/21/2009 425 Eagle Rock Ave Roseland, NJ 07068 Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09304-CV-0000303-2009 Capital One Bank(Usa),N.A. Thomas J Williams Default Judgment for Plaintiff 08/20/2009 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Capital One Bank(Usa),N.A. $0.00 $0.00 $0.00 Thomas J Williams $0.00 $1,911.29 $1,911.29 Judgment Finding ("Post Judgment) In the matter of Capital One Bank (Usa), N.A. vs. Thomas J Williams on MJ-09304-CV-0000303-2009, on 8/20/2009 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $1,799.29 $1,799.29 Costs $0.00 $112.00 $112.00 Grand Total: $1,911.29 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. q ff�/r/jJ� 63 Date Magisterial District Judge Thomas A. Placey certify that this is a true and correct copy of the record of the proceedings containing the judgment. s x)Ig Date Magister I District Judge MDJS 315 Page 1 of 2 Printed:05/12/2014 12:02:40PM " Capital One Bank(Usa), N.A. Docket No.: MJ-09304-CV-0000303-2009 V. Thomas J Williams Participant List Plaintiff(s) Capital One Bank(Usa), N.A. C/O Paul J. Klemm, Esq. 425 Eagle Rock Ave Roseland, NJ 07068 l Defendant(s) Thomas-J Williams 3512 Walnut Street Apt#e Harrisburg,PA 17109 ro co Complainant's Attorneys) �;� c1� .ti .--3 v Paul John Klemm, Esq. —C'" _ Nudelman Nudelman&Ziering La C� 425 Eagle Rock Ave � (:5c Roseland, NJ 07068 CD .. L MDJS 315 Page 2 of 2 Printed:05/12/2014 12:02:40PM Department of Defense Manpower Data Center Results as of:Jul-15-201409:12:16 AM SCRA 3.0 ;. Status.Rep rt. _. Pursuant to Sm— cemem ers Civil Relief Act Last Name: WILLIAMS First Name: THOMAS Middle Name:J Active Duty Status As Of: Jul-15-2014 s:' .,. ..:>• T _.. .:_. .... .'An Active,Outy 9r1'.Achve OutglSlatus 4ate-"',' - ... -.�:. ,Ac'five,DelY Siart Qaie ...,.:'�_ .Autme'Duty£nd Dete ,r... � � ...:..Status •' - -, . NA NA This response retlapts tt7e 7ndiJiduals active:duty status based'on The AcLve Du(y.;Slatus Date ,. ,..:. - ` - '- .. .,.:.Left AdtiveDutq WJthfi 36ZaQaYs dt AL•lve Duty'Sjatus Oaie., :,' -. 3 + AC1fVa�i)Wy Stari,Date .. „;1 A�1Ne.D.irty EDd�aie._ ;, .:r ,i;Siatus„ 1 SeMce Corr,pd08iii _ z _ NA _,!:NA ..:. ..._''No .`:' -.` NA This response reflects where ihe'individual 1e11 ac1i4'd` ysiatll$Nniti.}rt 36`days precedin'the A+tivepuly Status Date ..,:^ - � ,,;:= .-:.,ThefiAathtier qr Hts/Hsi;Una Wae IVdidied of a Fiiiure Cali{1p�1o.A'Ctroe E3tjiy oh AcSve;Duty Status0ate - ,..�(7tder Ndf�t,:cief,ori5tatt:aate, ,: , ©rderNot4(icalwnEndDate .,:;Status Serv,C2Gdmporient NAtdA Na NA This response reflects whether the tntliioiival dr hisunit hes received eaMi.r. Nlo report for aclive duty Upon searching the data banks of the Department of Defense Manpoweh[lata Center 5bated 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 Seniices(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servieemember or his/her unit receiving notification of future orders to report for Active Duty. 7 .k Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 File#: NN43659 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,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:httpl/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 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: XBG5VA06J09FOD0 File #: NN43659 CAPITAL ONE BANK(USA),N.A. IN THE COURT OF COMMON PLEAS, 15000 Capital One Drive CUMBERLAND COUNTY, RICHMOND VA 23286 PENNSYLVANIA cI, VS. DOCKET NO.. THOMAS J WILLIAMS 81 LINDA DR MECHANICSBURG PA 17050-1517 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), THOMAS J WILLIAMS, is believed to be: 81 LINDA DR MECHANICSBURG PA 17050-1517 ; 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. / JUL 5 2014 � 2. Robert L. Baroska Yd, Esquire Attorney for Plaintiff File# NN43659 r 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. : ILl— THOMAS J WILLIAMS 81 LINDA DR MECHANICSBURG PA 17050-1517 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: day of 20�. ( ) Judgment in the amount of1$ ,911.29, 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. If you have any questions concerning this notice please contact Plaintiff's counsel,Nudelman, Klemm, & Golub, P.C. at 973/618-0000. BY ORDER OF PR'= TH T By: PROTHONOTARY (OR DEPUTY) 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. THOMAS J WILLIAMS 81 LINDA DR MECHANICSBURG PA 17050-1517 CERTIFICATE OF SERVICE hereby certify that on this day of 20 , I mailed a true and correct copy of the foregoing praecipe for entry of judgm nt u the party(s) or representative(s)named below and in the manner indicated: Via first class mail postage prepaid: THOMAS J WILLIAMS 81 LINDA DR MECHANICSBURG PA 17050-1517 File#:NN43659 COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION COUNTY OF. CUMBERLAND HEARING NOTICE Mag.Dist.No.: PLAINTIFF: NAME and ADDRESS 09-3-04 rCAPITAL ONE BANK (USA) , M.A. MDJName: Hon. 425 EAGLE HOCK AVE THOMAS A. PLACSY C/O PAUL J. KLEMM, ESQ. Address: 104 S SPORTING HILL RD LROSELAND, NJ 07068 J t MECHANICSBURG, PA vs. DEFENDANT: NAME and ADDRESS feleohone: (717 ) 761-8230 1705. 0 rWILLIANS, THOMAS J 81 LINDA DRIVE MECHANCISBURG, PA 17050-1517 CAPITAL ONE BANK (USA) , N.A. L J 425 EAGLE ROCK AVE Docket No.: CV-0000303-09 C/O PAUL J. KLEMM, ESQ. Date Filed: 5/21/09 ROSELAND, NJ 07068 A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for: Date: 7/02/09 Place: DISTRICT COURT 09-3-04 104 S SPORTING HILL RD Time: 8:45 AM MECHANICSB'URG, PA 17050 i 717-761-8230 NOTICE TO DEFENDANT i t R 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(B)(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. DATE PRINTED: 5/21/09 11:11:37 AM AOPC 308 -05 .F COMMONWEALTH OF PENNSYLVANIA ' COUNTY OF: CUMBERLAND CIVIL COMPLAINT Magisterial District Number: (PtAINTIFF: NAME and ADDRESS 09-3-04 CAPITAL ONE BANK(USA), N.A. C/o Paul J. Klemm, Esquire MpJ Name:Hon. N��udelman, Nudelman &Ziering, P.C. Thomas A. Placey X25 Eagle Rock Ave., Roseland, NJ 07068 --� Address: vs. 104 South Sporting Hill Road (DEFENDANT: NAME and ADDRESS —i THOMAS J WILLIAMS, Mechanicsburg,PA 17050 81 LINDA DR Telephone: LECHANICSBURG PA 17050-1517 717/761-8230 [Dat et No.:L1 Filed: AMOUNT DATE PAID (-J� FILING COSTS $ 7t �5/ 44 0 POSTAGE $ In-c-) SERVICE COSTS $ ! / CONSTABLE ED. $ TOTAL $77.00 / / Pa.R.C.P.D.J.No.206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT:The above named plaintiff(s)asks judgment against you for$ $1.799.29 together with costs upon the following claim(Civil fines must include citation of the statute or ordinance violated): Upon the insistance of the Defendant, Plaintiff issued Defendant a credit card and/or line of credit, account number 4862362662600132. Defendant owes Plaintiff the principal amount of$1,329.37, interest of$273.74,and attorneys fees of $196.18. Breach of Contract on said account; 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. I, Paul J. Klemm. Esquire verify that the facts set forth in this complaint are true a orrect to t e best of my knowledge, information,and belief. This statement is made subject to the penalties of Section 4 of the Crime Code(18 PA.C.S.§4904) related to unsworn falsification to authorities. (Signature of Plaintiff or Authorized Agent) Plaintiff's Attorney: Paul J. Klemm, Esquire ID#92125 Address: 425 Eagle Rock Avenue Telephone: 973-618-0000 Roseland, NJ 07068 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(5) days before 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 are unable to provide transportation. AOPC 30BA-05/NN43659