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HomeMy WebLinkAbout14-6080 Nudelman,Klemm,&Golub,P.C. Attorney(s)for Plaintiff(NN61543) 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. : 14- 6080 (�(vl I Tato RAYMOND F HIGBY 241 W WILLOW ST CARLISLE PA 17013-3747 TO THE CUMBERLAND COUNTY PROTHONOTARY: PRAECIPE TO TRANSFER/ENTER JUDGMENT/ENTRY OF APPEARANCE 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), RAYMOND F HIGBY, in the amount of$4,919.09, in accordance with the Magisterial District Court Judgment for money damages docket to CV-0000018-10, a certified copy of which is being filed herewith. Damages are computed as follows: Amount of Judgment: $4,919.09 INTEREST(from March 15, 2010) $0.00 COSTS (Expended post judgment) $0.00 C (Z -0 Z r"ncD : Less Payments/Adjustments made -$0.00 n rn0 Total: $4,919.09C3— _'�l Nudelman, Klemm and Golub, B Robert L. Baroska 3", Esquire P.A. ID # 306728 31.a5 Pa ATH 0 176 - , 1a4B P'#P 3 1 01&55 Nva fret led 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 Raymond Higby Business Central Building Carlisle, PA 17013 Telephone: 717-240-6564 Paul John Klemm, Esq. Docket No: MJ-09202-CV-0000018-2010 Nudelman Nudelman &Ziering Case Filed: 1/25/2010 425 Eagle Rock Ave Roseland, NJ 07068 Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09202-CV-0000018-2010 Capital One Bank C/Opaul Raymond Higby Judgment for Plaintiff 03/15/2010 Klemm Judgment Summary Participant Joint/Several Liability Individual Liability Amount Capital One Bank C/Opaul Klemm $0.00 $0.00 $0.00 Raymond Higby $0.00 $4,919.09 $4,919.09 Judgment Finding (*Post Judgment) In the matter of Capital One Bank C/Opaul Klemm.vs. Raymond Higby on MJ-09202-CV-0000018-2010, on 3/15/2010 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $4,771.09 $4,771.09 Costs $0.00 $148.00 $148.00 Grand Total: $4,919.09 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. a Mko C6" Date isterial District Judge Jessica Brewbaker �>_ < I certify that this is a true and correct copy of the record o the proceeding conta Hing the judgment. Date Mag ter I District Judge MDJS 315 Page 1 of 2 Printed:09/15/2014 2:49:13PM Capital One Bank C/Opaul Klemm Docket No.: MJ-09202-CV-0000018-2010 V. Raymond Higby Participant List Plaintiff(s) Capital One Bank C/Opaul Klemm Nudelman,nudelman&ziering 425 Eagle Rock Ave Roseland, NJ 07068 Defendant(s) Raymond Higby 241 W. Willow St Carlisle, PA 17013-3747 Complainant's Attorney(s) Paul John Klemm, Esq. Nudelman Nudelman &Ziering 425 Eagle Rock Ave Roseland, NJ 07068 MDJS 315 Page 2 of 2 Printed:09/15/2014 2:49:13PM ' Results as 01:Oct-08-2014 05 48:48 AM Department of Defense Manpower Data Center SCRA 3.0 z - _ Purs -uanf 10 Se is-cmClu ms Civil ReliefAct Last Name: HIGBY First Name: RAYMOND Middle Name: F Active Duty Status As Of: Oct-09-2014 ` tlA Aelrve DNY DrlAaliVe Duty Status Date _ '.;Acflve t3uiy Start Date, Acnve,Duly End Date $ictus 58rvice tom ern:' NA NA NA This res onse reflect$ihe individuals active duty status`based on the.Acvve DUf.Status Date Left Active Dut Wrthm 36T_Da 8 of Acflve DUi 51atus Acbve•Dyty Start Date�i, Ad rve Duty End Dale Sta us Se vice Co onena No. NA NA _..'NA ->- This response reflects whera$ individual lett active dul`.etatus Knthin 367 da s'recede the Agrve Dut Status Date - ' '7heMemtier6rHWslHertUmiWasNoriiie�ofaFutureCal U-;toAdO6D'Ot oin'AbflvaDul S181usDil NouRcalion End Bate . :..7 `$tatua NA Order Noldreatio 1Starl,oete. NA This res onse relle-1-Wheif the IridlvldUal Of'hl9/h'Br Unlf has reddved earl petrticstloR,i6 re ori for active dut Upon searching the data banks of the Department of Defense MaiiobWer Data tenter`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 Uniform.,,_set (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. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 File#: NN61543 the efense Enrollme The Defense Manpower Data Center(DMDC)is an organization oof data on eligibility tforemil t ry medicalthat careland other D gibility systems.nt and Eligibility Reporting System(DEERS)database which is the official source enforcement of the Servicemembes Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as The DOD strongly supports the that the the Soldiers'and Sailors'Civil Relief Aesoonse4s)a d has exper enc dhonlyra smal errroreds of arate.oIn'he event the individuallnreferenced above,or any amily individual is currently on active duty pduty for member,friend,or representative asserts in cou aged to that atath furtherindividual veriwas on active on of he person's the by contactingsthat person' Service entitled date,or is otherwise a t to e protections of the SCRA,you are strongly "defenselink.mil"URL:httpl/www )/verifpcationopunitiveprovisions of the SCRA may be invoked against you.R.html. it you have evidence the person was on active dSee 50 USC tApp.§521 )i date and you fail to obtain this additional Service e Active Duty atus Date(2) This response reflects the following information:Active(1)The Duty Status Date(3)Whether the indiviActive Duty status on dual or his/her unit received earlWhether otif cation to report for a Active Duty status within 367 days preceding h duty on he Active Duty Status Date. More information on "Active Duty Status Prior to 2010 only some of the active duty periods less Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). ery to than 30 consecutive days in length were available. In the case of a member of the purposes of responding to a national emergeonal Guard,this includes service under ancy)declared by the authorized by he President or he Secretary of Defense under 32 USC§502(f) pure President and supported by Federal funds. All Active inistration of he Reserve(TARS) Marinemust be ard Reserve(AGR)memberssigned Corps Active Reserve(ARs)and Icoast Guard Reserve unit they support. This includes Navy Training and Adm 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 not of the SCRA who ses Coverage under the SCRA is der this ses and SCRA protections are for Tiudes some tleries of 10 and Tit a 14 activeons on 've duty recorduty for s for the Uniformed Services ldperiods. reported as on Active Duty under his 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 ehe orde snon which SCRA would Iwebsite pr to tionsare based have of been amended to extend the inclusive dates of service. certification should check to make sure e not Furthermore,some protectionsofhe SCRAemay ed for inductors to personThe as Date on As who have ctive Duty entry isived orders to emoportantcbecause a number of protections f heut who vSCRA actually begun active duty ora y Po extend beyond the last dates of active duty. ged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA. Those who could rely on this certificate are ur 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: 1 E764E63Z04BUF0 File#: NN61543 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.: 1q.; G 6o v RAYMOND F HIGBY 241 W WILLOW ST CARLISLE PA 17013-3747 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), RAYMOND F HIGBY, is believed to be: 241 W WILLOW ST CARLISLE PA 17013-3747 ; 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. OCT 0 9 2014 Robert L. Baroska 3`d, Esquire Attorney for Plaintiff File# NN61543 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. RAYMOND F HIGBY 241 W WILLOW ST CARLISLE PA 17013-3747 CERTIFICATE OF SERVICE 1, GQi , hereby certify that on this day of 20/ mailed a true and correct copy of the foregoing praecipe for entry ofjudgment upon the party s) or representative(s) named below and in the manner indicated: Via first class mail postage prepaid: RAYMOND F HIGBY 241 W WILLOW ST CARLISLE PA 17013-3747 File 4:NN61543 A . , 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. : RAYMOND F HIGBY 241 W WILLOW ST CARLISLE PA 17013-3747 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: I , day of r , 20W. ( ) Judgment in the amount of$4,919.09, 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 PROTHONOTARY: cad By: PROTHONOTARY (OR DEPUTY)