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HomeMy WebLinkAbout14-5722 Nutielman,Klemm,&Golub,P.C. Attomey(s)for Plaintiff(NN 59946) 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. : I l :57W w� JOSHUA M SHADECK 50 MEADOWBROOK RD c �' CARLISLE PA 17015 CD TO THE CUMBERLAND COUNTY PROTHONOTARY: `� '�`a —p C7-71 _O CD; PRAECIPE TO TRANSFER/ENTER JUDGMENT/ENTRY OF APPEAMACE-- 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), JOSHUA M SHADECK, in the amount of$5,741.17, in accordance with the Magisterial District Court Judgment for money damages docket to CV-0000380-09, a certified copy of which is being filed herewith. Damages are computed as follows: Amount of Judgment: $6,891.17 INTEREST(from January 21, 20 10) $0.00 COSTS (Expended post judgment) $0.00 Less Payments/Adjustments made -$1,150.00 Total: $5,741.17 Nudelman, Klemm and Golub, P.C. Robert L. Baroska 3`d, Esquire P.A. ID# 306728 �4- 199 CAPITAL ONE BANK (USA),N.A. IN THE COURT OF COMMON PLEAS, 15000 Capital One Drive CUMBERLAND COUNTY, RICHMOND VA 23286 PENNSYLVANIA VS. DOCKET NO.: JOSHUA M SHADECK 50 MEADOWBROOK RD CARLISLE PA 17015 VERIFICATION/AFFIDAVIT OF NON-MILITARY SERVICE The undersigned does hereby verify, subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities,that the undersigned is the attorney for the Judgment Creditor, CAPITAL ONE BANK(USA),N.A.; with a mailing address of c/o Nudelman, Klemm and Golub, P.C., 425 Eagle Rock Ave. - Suite 403, Roseland NJ 07068; and that the last known address of the Judgment Debtor(s), JOSHUA M SHADECK, is believed to be: 50 MEADOWBROOK RD CARLISLE PA 17015 ; and that the Judgment is valid, enforceable and unsatisfied, and that the facts set forth in the foregoing Praecipe are true and correct to the best of the undersigned's knowledge, information and belief. The undersigned, being duly sworn according to law, deposes and says that to the best of his knowledge information, and belief the above captioned Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Service Members Relief Act, 50 App. U.S.C. § 501 et. seq. (amended in 2004). Nudelman, Klemm and Golub, P Stp 26-1'014 Robert L. Baroska 3`d, Esquire Attorney for Plaintiff File# NN59946 Department of Defense Manpower Data Center Results as of:Sep-26-2014 05:28:26 AM SCRA3.0 pCh2'�Y- Pursuant io SCI'Vicewselubels Civil,Relief Act Last Name: SHADECK First Name: JOSHUA Middle Name: M Active Duty Status As Of: Sep-26-2014 OrY Adive Duty On,Aailvq Duty St�tus Data ' NA Activ$'Duiy�$fart Date AGuvg Diify End date..sSiatus ': '. ,�i+ servtcs;ConiPonent.�' This response reflecig the ihdividuels'active duty sialusbased on the Active Diiiy$iatus Date ..;; aetiAcuve put;Vdnhn 36i`Qa�01 Actwia Aut $tatOs-:Date NA NA .No NA This res onse retlecls where 7Fie,indiwduel leff'aclroeiiut';'stalus withifa'3`67.da s' precedinq the Acti4"ClUt Status Date ;:: t '7he MembeY:or HislHetil _: ' ' s ., tilt Was Noblied of a FdiuiQ Call U gd`AcvUe.pui:5h AcuvQ bni Stents Date .', ' s.. '-G1fdeFiVpirhCBtltlR Slan D3t9 -,:Order Nbtifi�apbn£hq 17278 $tatUS - .SerVICe;COn10nBn1-�: NA NA . This res onse redacts whether a ihdivdual orNiAi6runil has raealbed da`riypoliir61ioFeport for active dLn 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 Urii4oirri5gtirces''(Aririy,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. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 041225 Arlington,VA 22350 File#: NN59946 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. : JOSHUA M SHADECK 50 MEADOWBROOK RD CARLISLE PA 17015 NOTICE OF JUDGEMENT OR ORDER TO: O Defendant ( ) Garnishee You are hereby notified pursuant to Pa. R.C.P. 236 that the following order of judgment was entered against you on: a°�day of CA , 20�. ( ) Judgment in the amount of$5,741.17, 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 R �OTH T w. 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. JOSHUA M SHADECK 50 MEADOWBROOK RD CARLISLE PA 17015 CERTIFICATE OF SERVICE I, , hereby certify that on this day of 20_, I mailed a true and correct copy of the foregoing praecipe for entry of judgment upon the party(s) or representative(s)named below and in the manner indicated: Via first class mail postage prepaid: JOSHUA M SHADECK 50 MEADOWBROOK RD CARLISLE PA 17015 File#:NN59946 COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION j COUNTY OF: CUMBERLANDCIVIL NOTICE Mag.Dist No.: PLAINTIFF: NAME and ADDRESS 09-2-02 'CAPITAL ONE BANK C/O PAUL KLEMM MDJNama: Hon. 425 EAGLE ROCK AVE JESSICA BREWBAKRR NQDELMAN,NUDELMAN&ZIERING Address: 18 N HANOVER ST STE 106 LROSELAND, NJ 07068 CARLISLE, PA J vs.. DEFENDANT: NAME and ADDRESS Telephone: (717) 24Q 6564 17013 rSHADECR, JOSHUA M .: . 538 2ND ST ATTORNEY FOR PLAINTIFF: CARLISLE, PA 17013-1885 PAUL J. KLEMM L J 425 EAGLE ROCK Docket No.: CV-0000380-09 NUDELMAN NUDELMAN & ZIERI Date Filed: 12/16/09 ROSELAND, NJ 07068 Q' 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 09-2-02 18 N HANOVER ST STB 106 Time: 9:00 AM CARLISLE, PA 17013 717-240-6564 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. I . 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(8)(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. AOPC 3086-05 DATE PRINTED: 12/16/09 13:51:38 PM COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND CIVIL COMPLAINT Magisterial District Number: PLAINTIFF: NAME and ADDRESS 09-2-02 [CAPITAL ONE BANK(USA), N.A. --� c/o Paul J. Klemm, Esquire ! MDJ Name:Hon. Nudelman, Nudelman&Ziering, P.C. Jessica E. Brewbaker 425 Eagle Rock Ave., Roseland, NJ 07068 Address: 18 North Hanover Street L VS. Carlisle, PA 17013 DEFENDANT: NAME and ADDRESS _ (JOSHUA M SHADECK Telephone 538 2ND ST 717/240-6564 CARLISLE PA 17013-1885 L_ Docket No.: n`f—ago-6 Date Filed: v 10 l��c�i AMOUNT DATE PAID FILING COSTS $!R-CO ! / POSTAGE $�t)•Q� ! / SERVICE COSTS $ CONSTABLE ED. $ TOTAL $1148.00 Pa.R.C.P.D.J.No.206 sets forth those costs recoverable by the prevailing party.. TO THE DEFENDANT:The above named plaintiff(s)asksjudgment against you for$ $6,743.17 together with costs upon the following claim(Civil fines must Include clfatlon of the s tute or ordinance violated): Upon the insistance of the Defendant, Plaintiff issued Defendant a•credit card and/or line of credit, account number 4862362333995622. Defendant owes Plaintiff the principal amount of$6,039.86, interest of$703.31,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 an ect to the be of my knowledge, information,and belief. This statement is made subject to the perialties of Section of the Crimes Code 18 PA.C.S.§4904) related to unsworn falsification to authorities. (Sig laintiff 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, Yt?U 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 M4gisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 308A-05/NN59946 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-2-02 Capital One Bank C/Opaul Klemm MDJ Name: Honorable Jessica Brewbaker V Address: 18 North Hanover Street, Suite 106 Joshua M Shadeck Business Central Building Carlisle, PA 17013 Telephone: 717-240-6564 Capital One Bank C/Opaul Klemm Docket No: MJ-09202-CV-0000380-2009 Nudelman,nudelman&ziering Case Filed: 12/16/2009 425 Eagle Rock Ave Roseland, NJ 07068 Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09202-CV-0000380-2009 Capital One Bank C/Opaul Joshua M Shadeck Judgment for Plaintiff 01/21/2010 Klemm Judgment Summary Participant Joint/Several Liability Individual Liability Amount Capital One Bank C/Opaul Klemm $0.00 $0.00 $0.00 Joshua M Shadeck $0.00 $6,891.17 $6,891.17 Judgment Finding (*Post Judgment) In the matter of Capital One Bank C/Opaul Klemm vs. Joshua M Shadeck on MJ-09202-CV-0000380-2009, on 1/21/2010 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $6,743.17 $6,743.17 Costs $0.00 $148.00 $148.00 Grand Total: $6,891.17 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. / D 4NIA t b. ;4 D to Magisterial District Judge Jessica Brewbaker I certify that this is a true and correct copy of, nt fining thet^ record o the proceedings judgment. Date Ma isterial District Judge MDJS 315 Page 1 of 2 Printed:09/05/2014 4:07:31 PM Capital One Bank C/Opaul Klemm Docket No.: MJ-09202-CV-0000380-2009 V. Joshua M Shadeck Participant List Plaintiff(s) Capital One Bank C/Opaul Klemm Nudelman,nudelman&ziering 425 Eagle Rock Ave Roseland, NJ 07068 Defendant(s) Joshua M Shadeck 538 2nd St Carlisle, PA 17013-1885 Complainant's Attorney(s) Paul John Klemm, Esq. Nudelman Nudelman&Ziering 425 Eagle Rock Ave Roseland, NJ 07068 r^_ C-n CIDct -<� uo �G --j C) PI C-) _;: i �Z C:D rO CDkI T MDJS 315 Page 2 of 2 Printed:09/05/2014 4:07:31 PM