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
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-0 Z
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Less Payments/Adjustments made -$0.00 n rn0
Total: $4,919.09C3—
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Nudelman, Klemm and Golub,
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Robert L. Baroska 3", Esquire
P.A. ID # 306728 31.a5 Pa ATH
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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
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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
$ictus 58rvice tom ern:'
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This res onse reflect$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
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This response reflects whera$ individual lett active dul`.etatus Knthin 367 da s'recede the Agrve Dut Status Date
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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
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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
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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)