The URL can be used to link to this page

Home My WebLink About14-5189 11 Nudelman,Klemm,&Golub,P.C. Attorney(s)for Plaintiff(NN54717) 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. : Id- !S189 BENJAMIN D HILLARD 424 LAFAYETTE ST ENOLA PA 17025-2228 TO THE CUMBERLAND COUNTY PROTHONOTARY: PRAECIPE TO TRANSFER/ENTER JUDGMENT/ENTRY OF APPEARANCE Please enter Robert L. Baroska, 3rd, 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), BENJAMIN D HILLARD,in the amount of$4,913.39, in accordance with the Magisterial District Court Judgment for money damages docket to CV-0000262-09, a certified copy of which is being filed herewith. Damages are computed as follows: Amount of Judgment: $5,653.39 INTEREST (from November 5, 2009) $0.00 ' COSTS (Expended post-judgment) $0.00 -- Less Payments/Adjustments made -$740.00cz) CD Total: $4,913.39 : ',.f.� I C� Nudelman, Klemm and Golub, P.C. B1,2 '?_Z Y Robert L. Baroska 3rd, Esquire PD ATr-y P.A. ID # 30672831 025 at 71 z)+a ��ice I�(a�lecl 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 Benjamin D Hillard Enola, PA 17025 Telephone: 717-728-2805 Robert Louis Baroska III, Esq. Docket No: MJ-09103-CV-0000262-2009 Nudelman Klemm &Golub PC Case Filed: 8/24/2009 425 Eagle Rock Ave Ste 403 Roseland, NJ 07068-1787 Disposition Summary (cc-Cross complaint) _.._. .... . .W____..__......_ ._ ... Docket No Plaintiff Defendant Disposition Disposition Date MJ-09103-CV-0000262-2009 Capital One Bank Benjamin D Hillard Default Judgment for Plaintiff 11/05/2009 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Benjamin D Hillard $0.00 $5,653.39 $5,653.39 Capital One Bank $0.00 $0.00 $0.00 Judgment Finding (*PostJudgment) In the matter of Capital One Bank vs. Benjamin D Hillard on MJ-09103-CV-0000262-2009, on 11/05/2009 the judgment was awarded- as follows: Judgment Comoonent Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $5,482.89 $5,482.89 : Interest $0.00 $707.82 $707.82 Costs $0.00 $164.50 $164.50 Grand Total: $5,653.39 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. h5 blA�09V / J��1�4r��t 1 tl��_ Date Magiste 141i'strict Judge ougherty rac._ certify that this is a true and correct copy of the record of the proceedings containing the judgment-. APP 17 201401 Date agisteria D ict MDJS 315 Page 1 of 2 Printed:04/23/2014 8:43:03AM COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND z 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 Benjamin D Hillard Enola, PA 17025 Telephone: 717-728-2805 Capital One Bank Docket No: MJ-09103-CV-0000262-2009 Attn: Paul Klemm, Esq. Case Filed: 8/24/2009 425 Eagle Rock Ave Roseland, NJ 07068 Disposition Summary (cc-Cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09103-CV-0000262-2009 Capital One Bank Benjamin D Hillard Default Judgment for Plaintiff 11/05/2009 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Benjamin D Hillard $0.00 $5,653.39 $5,653.39 Capital One Bank $0.00 $0.00 $0.00 Judgment Finding ("PostJudgment) In the matter of Capital One Bank vs. Benjamin D Hillard on MJ-09103-CV-0000262-2009, on 11/05/2009 the judgment was awarded, as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $5,482.89 $5,482.89 Interest $0.00 $707.82 $707.82 Costs $0.00 $164.50 $164.50 Grand Total: $5,653.39 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. :� . Date Magistral District Jud ic`hard S.Difugherty certify that this is a true and correct copy of the record of the procee Ings c tairnng the t. APR 17 201 Date agisteria ri Judg MDJS 315 Page 1 of 2 Printed:04/23/2014 8:40:29AM Capital One Bank Docket No.: MJ-09103-CV-0000262-2009 V. Benjamin D Hillard Participant List Plaintiff(s) Capital One Bank Attn: Paul Klemm, Esq. 425 Eagle Rock Ave Roseland, NJ 07068 Defendant(s) Benjamin D Hillard 424 Lafayette St Enola, PA 17025 Complainant's Attorney(s) Robert Louis Baroska III, Esq. Nudelman Klemm&Golub PC 425 Eagle Rock Ave Ste 403 Roseland, NJ 07068-1787 MDJS 315 Page 2 of 2 Printed:04/23/2014 8:43:03AM 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.: /7 " t,5-f'" 4A4,V -7L,- BENJAMIN 7LcBENJAMIN D HILLARD 424 LAFAYETTE ST ENOLA PA 17025-2228 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), BENJAMIN D HILLARD, is believed to be: 424 LAFAYETTE ST ENOLA PA 17025-2228 ; 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. SEP 0 2 2014 Robert L. Baroska 3`d, Esquire Attorney for Plaintiff File# NN54717 Department of Defense Manpower Data Center Results as 0i:Sep-02-2014 07.13:32 AM SCRA3.0 Plu oaf 1 dei c� CivilRelief, c Last Name: HILLARD First Name: BENJAMIN Middle Name: D Active Duty Status As Of: Sep-02-2014 Qn aehvs Qury Ol ACI V6 Duty S12ius Date , �`Aceve,Duiy$tanDele >1Aclme,�uryl�ndDafe ' �Siatus ": 5ervice'Com onern NA NA r - Nb:',- NA This response reflee 461e ihdNitluals'active duty sfetu$`besetl on the ACtlUe Diity.Status Dale QuY Within367!Da Bot Activef3ut,5lattls;Date %Active QUty5iarl-0ate -;jACtrve Daty:'C�td flafe ;Status ` Servic9`Com onenl , NA NANA .... This response reflects where the indivitlual IeH'actrvedul.status wahi7t 367 da s"'recedm lheA6Vai)Lfly Status Dale '"7he Member:o[His/Her iJrtil W AS Noidied of a FUivke`.Cah U to;AcVve Dut ar;AcuvB Duty'$tatUs Date,:: Order NotdiptionStan Dase' Qrger NouSga Sn Ehd Date':::' ..;Service Coin onent NA NA This response reflects whetherhe individual orhishler;unit has reCelvetl earl notdication.loreport for active duly Upon searching the data banks of the Department of Defense Manpower Da( i✓entet 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 Unlformed`Sejm ds-(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status incudes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. L -�r44_ rl &k� )A' ., Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 File#: NN54717 CAPITAL ONE BANK(USA),N.A. IN THE COURT OF COMMON 15000 Capital One Drive PLEAS, CUMBERLAND RICHMOND VA 23286 COUNTY, PENNSYLVANIA DOCKET NO. : J q' 51W �I VS. BENJAMIN D HILLARD 424 LAFAYETTE ST ENOLA PA 17025-2228 CERTIFICATE OF SERVICE I, CG , hereby certify that on this day of 20 , I mailed a true and correct copy of the foregoing praecipe for entry of judgment 19pon the party(s5 or representative(s) named below and in the manner indicated: Via first class mail postage prepaid: BENJAMIN D HILLARD 424 LAFAYETTE ST ENOLA PA 17025-2228 File#:NN54717 COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION COUNTY OF: CUMBERLAND HEARING NOTICE Mag.Dist.No.: PLAINTIFF: NAME and ADDRESS 09-1-03 rCAPITAL ONE BANK MDJName: Hon. 425 EAGLE ROCS AVE RICKARD S. DOUGHERTY ATTN: PAUL KLEKK, ESQ. Address: 98 S ENOLA DR STB 1 LROSELAND, NJ 07068 J ENOLA, PA vs. DEFENDANT: NAME and ADDRESS Telephone: (717 ) 728-2805 17025 FHILLARD, BENJAMIN D 424 LAFAYETTE ST ATTORNEY FOR PLAINTIFF ENOLA, PA 17025 NUDELMAN, NUDELMAN & ZIERING, PC L J 425 EAGLE ROCS AVE APT/STE 403 Docket No.: CV-0000262-09 ATTN: PAUL KLEKK, ESQ. Date Filed: 8/24/09 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: 9/24/09 Place: DISTRICT COURT 09-1-03 98 S ENOLA DR STE 1 Time: 8:30 AM ENOLA, PA 17025 717-728-2805 NOTICE TO DEFENDANT 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. i 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: 8/24/09 11:03:04 AM AOPC 3088-05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: _CUMBERLAND CIVIL COMPLAINT Magisterial District Number; [PLAINTIFF: NAME and ADDRESS 09-1-03 CAPITAL ONE BANK(USA), N.A. c/o Paul J. Klemm, Esquire MDJNams;Ha1. Nudelman, Nudelman &Ziering, P.C. Richard S. Dougherty, Jr. 425 Eagle Rock Ave., Roseland, NJ 07068 Address: M S• �I 98 South Enola Drive (DEFENDANT: NAME and ADDRESS BENJAMIN D HILLARD, Enola,PA 17025 424 LAFAYETTE ST Telephone: JENOLA PA 17025-2228 717/728-2805 Docket No.: i Date Filed: < AMOUNT DATE PAID i FILING COSTS $ POSTAGE $ 1 b'[�U SERVICE COSTS $ / f CONSTABLE ED. $ I I TOTAL $134.50 Pa.R.C.P.D.J.No.206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT:The above named plalntiff(s asks'udgment against you.for$ $6,190.71 together with costs upon the following claim(Civil fines must Include cittion of the statute or ordinance ODOR): Upon the insistance of the Defendant, Plaintiff issued Defendant a credit card and/or line of credit, account number 5178052541336711. Defendant owes Plaintiff the principal amount of$5,482.89, interest of$707.82,and attorneys fees of $.00. 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. 1, Paul J. Klemm, Esquire verify that the facts set forth in this complaint are true and co o the best f my knowledge, information,and belief. This statement is made subject to the penalties of Section 490 the Crimes Code 8 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 SHOUI~D 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 306A-05/NN54717 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. : q, ��i1 ciaJ BENJAMIN D HILLARD 424 LAFAYETTE ST ENOLA PA 17025-2228 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: qf� day of , 20i�_, ( )Judgment in the amount of$4,913.39,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 DD OTH NOT Y: By: PROTH ONOT Y-( DEPUTY)