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HomeMy WebLinkAbout14-4313 . � S r t r._ 0'/ l 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, rr � 2 //. � 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 $1,733.23 By: ARTHUR LASHIN, Esquire Law Offices of Hayt, Hayt & Landau, LLC Attorney ID 423425 aar y COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: YORK CMI- CASE Mag.Dist.No.: PLAINTIFF: NAME and ADDRESS 19-3-10 rCAPITAL ONE BANK MDJ Name: Hon. 123 S BROAD ST APT/STS 1660 RICHARD T. THOMAS C/O HYAT HAYAT & LANDAU Address: 126 W HARRISBURG ST, STE 200 LPHILADELPHIA, NJ 19109-1003 J PO BOR 415 VS. DILLSBURG, PA DEFENDANT: NAME and ADDRESS Telephone: (717 ) 432-3618 17019 rFRIESE, DUSTIN L 7 18 S BALTIMORE ST ATTORNEY FOR PLAINTIFF DILLSBURG, PA 17019 LASHIN, ARTHUR L -� 123 S BROAD ST Docket No.: CV-0000395-10 HAYT HAYT & LANDAU LLC Date Filed: 12/27/10 PHILADELPHIA, PA 19109-1003 p �c THIS IS TO NOTIFY YOU THAT: Judgment: DE`A� " "� `LTF (Date of Judgment) _.1/28/11- Judgment '/°2afylJudgment was entered for: (Name) CAPITAL ONE BANK Judgment was entered against: (Name) FRIESE, DUSTIN L in the amount of$ 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. /3 mco :;= r-- 17-1 �.` n .� CD .d C:) ....,.v,. Ya CZ (.'f 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 "ems .. j 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