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HomeMy WebLinkAbout14-5696 Nudelman,Klemm,&Golub,P.C. Attomey(s)for Plaintiff(NN60269) F 11 L W.0 1 C EL 425 Eagle Rock Avenue-Suite 403 F Hr NO TIARY Roseland,NJ 07068 (973)618-0000[tel.] (973)618-0647[fax] L`-I Li S E 2 p 2 2 3 t t'- CAPITAL ONE BANK(USA),N.A. IN THE COURT OFC6 M'11 li i 15000 Capital One Drive CUMBERLAND COUNT t RICHMOND VA 23286 PENNSYLVANIA VS. DOCKET NO. : exim, SHERRY A MENTZER 1113 MOUNTAIN RD NEWBURG PA 17240-9140 TO THE CUMBERLAND COUNTY PROTHONOTARY: PRAECIPE TO TRANSFERIENTER JUDGMENTIENTRY OF APPEARANCE Please enter Robert L. Baroska, 3d, 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), SHERRY A MENTZER, in the amount of$994.10, in accordance with the Magisterial District Court Judgment for money damages docket to CV-0000353-09, a certified copy of which is being filed herewith. Damages are computed as follows: Amount of Judgment: $2,234.10 INTEREST(from January 21, 2010) $0.00 COSTS (Expended post judgment) $0.00 Less Payments/Adjustments made -$1,240.00 Total: $994.10 Nudelman, Klemm and Golub, P.C. By n Am Robert L. Baroska 3', Esquire '9-5 pa P.A. ID# 306728 19-A-A 3115rll COMMONWEALTH OF PENNSYLVANIA NOTICE OF IVIDL CASE/TRANSCRIPT COUNTY OR CUMBERLAND PLAINTIFF: NAME and ADDRESS Mag.Dist.No.: 09-3-01 CAPITAL ONE BANK (USA) , N.A. MDJName: Hon. 425 EAGLE ROCK AVE APT/STE 403 HAROLD E. BENDER NUDELMAN, NUDELMAN, ZIER Address: 35 W ORANGE ST LROSELAND, NJ 07068 J SHIPPENSBURG, PA VS. DEFENDANT: NAME and ADDRESS Telephone: (717 ) 532-7676 17257-0361 rMENTZER, SHERRY A 1113 MOUNTAIN RD NEWBURG, PA 17240 L J HAROLD E. BENDER 35 W ORANGE ST Docket No.: CV-0000353-09 SHIPPENSBURG, PA 17257-0361 Date Filed: 12/31/09 Wig: THIS IS TO NOTIFY YOU THAT: 1/21/10 Judgment: DEFAULT JUDGMENT PLTF (Date of Judgment) © Judgment was entered for: (Name) CAPITAL ONE BANK (USA) , N.A. 0 Judgment was entered against: (Name) MENTZER, SHERRY A in the amount of$ 2,234.10- Amount of Judgment $ 2, 124.10 F Defendants are jointly and severally liable. Judgment Costs $ 110.00 Interest on Judgment $ .00 F] Damages will be assessed on Date &Time Attorney-Fees $ .1310 This case dismissed without prejudice. Total a ' $ 2,234.10 FAmount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post Judgment Credits $ $ Post Judgment Costs $___________ Portion of Judgment for physical damages arising out of residential lease $ Certified Judgment Total $ 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 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 DEBTgF0FrAY8.)N FULL, (r;Uu r 7 SETTLES,OR OTHERWISE COMPLIES WITH THE JUDGMENT. r t r, ?, n 1'- C-3 -{`D ( � [ fT AA/-4/1) Date -,��Qic�� Magisterial District Judge I certify that this.is a true and corr ct copy of the rec the roceedings containing the judgment. Date Ma. Isteriai District Judge .1 My commission expires first Monday of January, 2012 SEAL" AOPC 315-07 DATE PRINTED: 1/21/10 11:44:00 AM COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION COUNTY OF: CUMBERLAND HEARING NOTICE Mag.Dist.No.: PLAINTIFF: NAME and ADDRESS 09-3-01 CAPITAL ONE BANK (USA) , N.A. MDJName: Hon. 425 EAGLE ROCK AVE APT/STE 403 HAROLD E. BENDER NUDELMAN, NUDELNAN, ZIER Address: 35 W ORANGE ST LROSELAND, NJ 07068 J SHIPPENSBURG, PA vs. DEFENDANT: NAME and ADDRESS Telephone: (7 17 ) 532-7676 17257-0361 rMENTZER, SHERRY A 1113 MOUNTAIN RD NEWBDRG, PA 17240 CAPITAL ONE BANK (USA) , N.A. L J 425 EAGLE ROCK AVE APT/STE 403 Docket No.: CV-0000353-09 NUDELNAN, NUDELMAN, ZIER Date Filed: 12/31/09 ROSELAND, NJ 070684. A civil complaint has been filed against you in the above captioned case.A hearing has been set in this matter for: Date: 1/21/10 Place: DISTRICT COURT 09-3-01 35 W ORANGE ST Time: 11:00 AN SHIPPENSBURG, PA 17257-0361 717-532-7676 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(6)(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: 12/31/09 12:42:56 PM AOPC 3088-05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND CIVIL COMPLAINT Magisterial District Number: PLAINTIFF: NAME and ADDRESS 09-3-01 [CAPITAL ONE BANK(USA), N.A. c/o Paul J. Klemm, Esquire M°'name:"°"• Nudelman, Nudelman&Ziering, P.C. Harold E. Bender 425 Eagle Rock Ave., Roseland, NJ 07068 Address: 35 West Orange Street L VS. DEFENDANT: NAME andAODREss Shippensburg, PA 17257 [SHERRY A MENTZER Telephone: 1113 MOUNTAIN RD 717/532-7676 NEWBURG PA 17240-9140 L Docket No.:C;t113 5 —Q f Date Filed: AZ_13 D 9 AMOUNT DATE PAID FILING COSTS $ POSTAGE $ SERVICE COSTS $ CONSTABLE ED. $ TOTAL $110.00 -/ P&R.C.P.D.J.No.206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT:The above named plaintiff(s)asksjudgment against you for$ $2,124.10 together with costs upon the following claim(Civil fines must include clfation 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 5178052129126468. Defendant owes Plaintiff the principal amount of$1,890.79, interest of$233.3 t,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 COffeff to the best o y knowledge, information,and belief. This statement is made subject to the penalties of Section 49 of the Crimes Code(18 A.C.S.§4904) related to unsworn falsification to authorities. [- (Signature of Plaintiff or Authorized Agent) Plaintifrs 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 308A-05/NN60269 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.: SHERRY A MENTZER 1113 MOUNTAIN RD NEWBURG PA 17240-9140 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), SHERRY A MENTZER, is believed to be: 1113 MOUNTAIN RD NEWBURG PA 17240-9140 ; 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 24 2014; Robert L. Baroska 3`d, Esquire Attorney for Plaintiff File# NN60269 Department of Defense Manpower Data Center Results as of:Sep-24-201405:31:50 AM SCRA30 stato Report Last Name: MENTZER First Name: SHERRY Middle Name: A Active Duty Status As Of: Sep-24-2014 ...Active Duty OnAalYe Duty SianJs Dgte . .; Achve,Dryty Start Dete' Acuve,DutY End Date -Statue - Sarvice Com NA This response relleel"J'. individuals'active duty sletus based on the'.Acuve P -Status Date LetiAddW Dut:irvilNn 3070a$biN'tv9 DU SfetusDate Active Duty End Data Statue Service!Com Hent: NA NA No NA This res onse reflects wtidff is individual left acltve:dul`:atetus ynthirr 3S7 b)WOrewding the ACtrye Duty Status Date ,The Member or 1{isfHerUnH Was Nontied o4 a Fytiire Cell U w AcnVa DU dR AdlivO Dui status Date xiidev Noihrcaton StarlOaie grder Ndi frcanoo End Daie StAtua ;.. SeNide;Com NA This res onse refracts whathe e-irldn!ipyal or his,er unit hes received earl 'tiilicalii W re ort for active dut Upon searching the data banks of the Department of Defense Manpower Date Cent9{based onahe 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$ iyicgs=(Arrii11 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. t Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 File#: NN60269 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:httpJ/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. Titre 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: ODHC730AMOEOR60 File#: NN60269 n CAPITAL ONE BANK(USA),N.A. IN THE COURT OF COMMON 15000 Capital One Drive PLEAS, CUMBERLAND RICHMOND VA 23286 COUNTY, PENNSYLVANIA DOCKET NO. : S-6�6yv� -�eCih vs. SHERRY A MENTZER 1113 MOUNTAIN RD NEWBURG PA 17240-9140 CERTIFICATE OF SERVICE I, c , hereby certify that on this 4 day of 20 , I mailed a true and correct copy of the foregoing praecipe for entry of judgme upon the party( ) or representative(s)named below and in the manner indicated: Via first class mail postage prepaid: SHERRY A MENTZER 1113 MOUNTAIN RD NEWBURG PA 17240-9140 File#:NN60269 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. : SHERRY A MENTZER 1113 MOUNTAIN RD NEWBURG PA 17240-9140 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: �Vday of , 20A. ( ) Judgment in the amount of$994.10, plus costs. ( ) Entry of Judgment of- Court £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 PROTHONOTARY: By: PROTHONOTARY(OR DEPUTY)