HomeMy WebLinkAbout14-4313 . � S r
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LAW OFFICES OF L phi 2: 5
HAYT, HAYT & LANDAU, LLC ClJtIBERt. Faf7
BINDENTIFICAT ONHNO. 23425 �ENNS �` �COU�r ,?
123 S . BROAD STREET ATTORNEY FOR PLAINTIFF
SUITE 1600
PHILADELPHIA, PA 19109-1003
(215) 928-1400
OUR FILE NO: 351577
CAPITAL ONE BANK (USA) , N.A.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
- VS - TERM,
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No. vim. � , J? lU
DUSTIN L FRIESE
1
PRAECIPE TO ENTER JUDGMENT
TO THE COURT:
Kindly enter judgment in favor of Plaintiff,
CAPITAL ONE BANK (USA) , N.A. , and against Defendant (s) :
DUSTIN L FRIESE
in the amount of $1,733.23
By:
ARTHUR LASHIN, Esquire
Law Offices of
Hayt, Hayt & Landau, LLC
Attorney ID 423425
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y
COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT
COUNTY OF: YORK CMI- CASE
Mag.Dist.No.: PLAINTIFF: NAME and ADDRESS
19-3-10 rCAPITAL ONE BANK
MDJ Name: Hon. 123 S BROAD ST APT/STS 1660
RICHARD T. THOMAS C/O HYAT HAYAT & LANDAU
Address: 126 W HARRISBURG ST, STE 200 LPHILADELPHIA, NJ 19109-1003 J
PO BOR 415 VS.
DILLSBURG, PA DEFENDANT: NAME and ADDRESS
Telephone: (717 ) 432-3618 17019 rFRIESE, DUSTIN L 7
18 S BALTIMORE ST
ATTORNEY FOR PLAINTIFF DILLSBURG, PA 17019
LASHIN, ARTHUR L -�
123 S BROAD ST Docket No.: CV-0000395-10
HAYT HAYT & LANDAU LLC Date Filed: 12/27/10
PHILADELPHIA, PA 19109-1003 p
�c
THIS IS TO NOTIFY YOU THAT:
Judgment: DE`A� " "� `LTF (Date of Judgment) _.1/28/11-
Judgment
'/°2afylJudgment was entered for: (Name) CAPITAL ONE BANK
Judgment was entered against: (Name) FRIESE, DUSTIN L
in the amount of$ 1,733.2S--
Amount
,733.2Amount of Judgment $ 1,648.73
Defendants are jointly and severally liable. Judgment Costs $ 84.50
F Damages will be assessed on Date&Time Interest on Judgment $ .00
Attorney Fees $ �
This case dismissed without prejudice. Total $ 1,733.23
Amount of Judgment Subject to Attachment/42 Pa.C.S. §8127 Post Judgment Credits $
$ Post Judgment Costs $
F1Portion of Judgment for physical damages arising out of
residential lease $ Certified Judgment Total $
:n,, arr,;• ,,sa 17n<F .�..t'r!.''F t:aKT1P,,T )CI :tAY
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 THE 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 P.g0CE.SS ;.US?
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 RAYS IN ULL.;
SETTLES,OR OTHERWISE COMPLIES WITH THE JUDGMENT.
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Date Magisterial District Jfe..
I certify that this is a true an o eC o e c of the proceedings containing the judgment.
5/9/11 Date , Magisterial District Judge
11 IF
My commission expires first Monday of January, 2012 SEAL
AOPC 315-07
DATE PRINTED: 1/28/11 8:20:00NAM
COMMONWEALTH OF PENNSYLVANIA ILAVIL k;UNIVLAIIV l
COUNTY OF: YORK
PLAINTIFF: NAME and ADDRESS
Meg.Dist.No,: CAP I TAL ONE BANK
19-3-10
MD'N"n'-: N°n- R I CHARD T THOMAS c/o law Offices of HaA Hayt&Landau,LLC,Attorneys for Plaintiff
Addro»: 123 S.Broad Street.,Suite 1660
126 W HARRISBURG ST SUITE 200 Philadelphia.PA 19109.1003
PO BOX 415 VS. --)
. DILLSBURG, PA 17019 DEFENDANT: NAME and ADDRESS
(717-032=3618 F—DUSTIN L FRIESE
18 S BALTIMORE ST
DILLSBURG PA 17019
L„ J
AMOUNT DATE PAID Docket No.: CV-0000395-10
F141NG COSTS $ 84.50 12/ 27/ 10 Date Fled: 12/27/10
POSTAGE $
SERVICE COSTS $ 1 I -
CONSTABLE ED. $
Social security numbers and financial information
(e.g.PINs)should not be listed. If the identity of an
,TOTAL $ 1 I account number must be established,list only the last
four digits. 204 Pa.Code§§213.1-213.7.
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, 64 8.73 together with
costs upon the following claim(Civil fines must include citation of the statute or ordinance
violated):
Account Number: ************4830
Plaintiff issued a revolving credit account to defendant which was subject to terms and conditions as outlined and agreed upon by
Defendant which included but were not limited to,interest,and all court and collections costs in the event of default in payment.
Defenda tt utilized said reyolving-credit account to obtain"ensions of credit which Defendant used for the purchase of products,
goods, and/or for obtaining services from Plairitiff. Despite Plaintiffs reasonable and repeated demands for payment, Defendant
has failed,refused,and continues to refuse to pay all sums due and owing on Defendant's account balance,all to the damage and
detriment of Plaintiff.As a consequence of the.foregoing there is presently due and owing to.Plaintiff the above indicated sum.
I,Arthur Lashin, Esquire verify that the facts set forth in this complaint are true and
correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of
Section 4904 of the Crimes Code (18 PA. C.S. §4904) related to unsworn faisifica)I n tau o les.
By:
Arthur Lashin. Esauire #23425 (Signature of Fla yAp hor Agent)
Law Offices of Hayt,Hayt&Landau,LLC ARTHUR LASHIN #23425
Plaintiffs 123 S.Broad Street.,Suite 1660 Law Offices of Hayt,Hayt&Landau,LLC
Attorney: Philadelphia,PA 19109-1003 Address: Attorneys for Plaintiff
HHL # 351577 123 S.Broad Street.,Suite 1660
Telephone: (215) 928-1400 Philadelphia,PA 19109.1003
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.
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 308A-10
Capital One Bank (USA) N .A. vs. Dustin L Friese
Neither party filed an appeal from the judgment
entered in Magisterial District Court on 1-28-11 (see
attached Court Docket)
Arthur Lashin, Esquire #23425
(215) 928-1400
Hayt, Hayt& Landau, LLC 1
23 S. Broad street tM
Suite 1660
Philade.lPhia, PA 131091003,
G S A`1
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Magisterial District Judge 19-3-10
DOCKET
Rte Docket Number: MJ-19310-CV-0000395-2010
Civil Docket
Capital One Bank
V.
s Dustin L Friese page 2 of 2
DOCKET ENTRY INFORMATION
Filed Date Entry Filer Applies To
01/28/2011 Judgment Entered Magisterial District Court 19-3-10 Dustin L Friese,Defendant
01/28/2011 Default Judgment for Plaintiff Magisterial District Court 19-3-10 Dustin L Friese,Defendant
12/29/2010 Restricted Certified Civil Complaint Magisterial District Court 19-3-10 Dustin L Friese,Defendant
Accepted
12/29/2010 Restricted Certified Civil Action Hearing Magisterial District Court 19-3-10 Dustin L Friese,Defendant
Notice Accepted
12/27/2010 Entry of Appearance Filed Arthur Lashin,Esq. Capital One Bank,Plaintiff
12/27/2010 Restricted Certified Civil Action Hearing Magisterial District Court 19-3-10 Dustin L Friese,Defendant
Notice Issued
12/27/2010 Restricted Certified Civil Complaint Magisterial District Court 19-3-10 Dustin L Friese,Defendant
Issued
12/27/2010 Civil Complaint Filed Capital One Bank Dustin L Friese,Defendant
MDJS 1200 Page 2 of 2 Printed:07/10/2014 9:51 am
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets. You should verify that the information is accurate and current by personally consulting the official record reposing in
the court wherein the record is maintained.
t•
n t
Magisterial District Judge 19-3-10
DOCKET
�'. Docket Number: MJ-19310-CV-0000395-2010
- zy Civil Docket
Capital One Bank
4 :•:4 Dustin L Friese
t..
v Page 1 of 2
CASE INFORMATION
Judge Assigned: Magisterial District Judge Richard T. File Date: 12/27/2010
Thomas
Claim Amount: $1,648.73 Case Status: Closed
Judgment Amount: $1,733.23 County: York
CALENDAR EVENTS
Case Calendar Schedule Schedule
Event Type Start Date Start Time Room Judge Name Status
Civil Action Hearing 01/28/2011 8:15 am Courtroom:MDJ-19-3-10 Magisterial District Judge Scheduled
Richard T.Thomas
CASE PARTICIPANTS
Participant Type Participant Name Address
Remitter Law Offices Of Hayt,Hayt&Landau, Eaton Eatontown,NJ 07724
Defendant Friese,Dustin L Dillsburg,PA 17019
Plaintiff Capital One Bank, Philadelphia Philadelphia,NJ 191091003
DISPOSITION SUMMARY
Docket Number Plaintiff Defendant Disposition Disposition Date
MJ-19310-CV-0000395-2010 Capital One Bank Dustin L Friese Default Judgment for 01/28/2011
Plaintiff
CIVIL DISPOSITION/JUDGMENT DETAILS
Disposition Date: 01/28/2011 Monthly Rent: $0.00
Joint/Several Individual Net
Defendant(s) Plaintiffs Disposition Liability Liabili Judgment
Dustin L Friese Capital One Bank Default Judgment for $0.00 $1,733.23 $1,733.23
Plaintiff
Judgment Components:
Type Amount Deposit Amount Adjusted Amount
Civil Judgment $1,648.73 $0.00 $1,648.73
Costs $84.50 $0.00 $84.50
Is JointlSeveral
ATTORNEY INFORMATION
Complainant's Attorney Phone No.:
Name: Arthur Lashin,Esq. Address: Hayt,Hayt&Landau,LLC
Representing: Capital One Bank, Philadelphia 400 Market Street,6th Floor
Philadelphia,PA 19106
Counsel Status: Active-Entry of Appearance Entry of Appearance Filed Dt: 12/27/2010
Supreme Court No.: 023425 Withdrawal of Entry of Appearance Filed Dt:
MDJS 1200 Printed:07/10/2014 9:51 am
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets.Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data,errors or
omissions on these docket sheets. You should verify that the information is accurate and current by personally consulting the official record reposing in
the court wherein the record is maintained.
Department of Defense Manpower Data Center Results as of:Jun-26.201407:49:47 AM
SCRA 3.0
staff Report
-e Pursuant to Servicemernbm Civil Relief Act.
Last Name: FRIESE
First Name: DUSTIN
Middle Name:
Active Duty Status As Of: Jun-26-2014
On Active Du On Active Duty Status Date
Active Duty Start Dale Active Duty End Date Status service Component
NA NA No - NA
This response reflects the individuals!active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Da s 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 activeAuty statuswithin 367 da precedingthe Active Du Status Dale
YI,,
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status service Component
NA NA .No - NA
This response reflects whether the Individuaal or hlslher 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.
i
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,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:hftp://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: CA25CEOD2088P70
e
LAW OFFICES OF
HAYT, HAYT & LANDAU, LLC
BY: ARTHUR LASHIN
INDENTIFICATION NO. 23425 ATTORNEY FOR PLAINTIFF
123 S . BROAD STREET
SUITE 1660
PHILADELPHIA, PA 19109-1003
(215) 928-1400
OUR FILE NO. 351577
CAPITAL ONE BANK (USA) , N.A.
STATE OF PENNSYLVANIA
- VS - SS
DUSTIN L FRIESE
COUNTY OF
CERTIFICATION OF ADDRESSES
I hereby certify that the address for the Defendant (s) is,
1101 COLUMBUS AVE APT 4
LEMOYNE, PA 17043
I hereby certify that the address for Plaintiff is,
4851 COX ROAD
GLEN ALLEN, VA 23060
By:
ARTHUR LASHIN, ESQUIRE, 23425
ATTORNEY FOR PLAINTIFF
i
LAW OFFICES OF ,U�)
4N
HAYT, HAYT & LANDAU, LLC
ICATION �FERtD COUNTIIDENTIFSNO. 23425 ATTORNEY FOR PLAINTIFF �A
123 S . BROAD STREET
SUITE 1660 _
PHILADELPHIA, PA 19109-1003
(215) 928-1400
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
CAPITAL ONE BANK (USA) , N.A.
4851 COX ROAD
GLEN ALLEN, VA 23060
TERM, (+-- t�I ll c� 9
- VS - ..
No . '� r "! 313 ( Ulv
DUSTIN L FRIESE
1101 COLUMBUS AVE APT 4
LEMOYNE, PA 17043
f
ENTRY OF APPEARANCE
M
TO THE COURT:
Kindly enter my appearance on behalf of Plaintiff,
CAPITAL ONE BANK (USA) , N.A. as to the above indicated matter,;, ' /
By: r
ARTHUR LASHIN, quire
Law Offices of
Hayt, Hayt & Landau, LLC
Attorney ID 423425