HomeMy WebLinkAbout11-4803Our File No.: 313298
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire
Attorney I.D. #38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
FIA CARD SERVICES, N.A.
655 PAPERMILL ROAD
NEWARK, DE 19711
Plaintiff,
vs.
ROBERT W SMITH
1256 ALMA LN
MECHANICSBURG, PA 17055
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.. It- qW3 Civ;tTerm
NOTICE
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You have been sued in court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. BEDFORD ST.
CARLISLE PA 17013
717-249-3166
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Our File No.: 313298
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire
Attorney I.D. #38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
FIA CARD SERVICES, N.A.
655 PAPERMILL ROAD
NEWARK, DE 19711
Plaintiff,
vs.
ROBERT W SMITH
1256 ALMA LN
MECHANICSBURG, PA 17055
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO..
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff is FIA CARD SERVICES, N.A., 655 PAPERMILL ROAD, NEWARK, DE 19711.
2. Defendant(s) is/are ROBERT W SMITH, an adult individual residing at 1256 ALMA LN
MECHANICSBURG, PA 17055.
3. At the special instance and request of Defendant, Plaintiff, FIA CARD SERVICES, N.A., issued
to Defendant(s) a credit account.
4. Defendant received, accepted and used the account to its benefit.
5. This account is in default and Defendant(s) has an unpaid balance of $15,707.61. A true and correct
copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A".
6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are
included in Exhibit "A".
7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as
above.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$15,707.61 and requests this Court award costs to the extent permitted by applicable law.
APOTHAKER & ASSOCIATES, P.C.
Attorneyr laintiff
A Law Firm Eng ked ' Debt Collectioi
BY:
Dated: 5/31/2011
David J. Afaker, Esquire
Our File No.: 313298
VERIFICATION
David J. Apothaker, Esquire, hereby states that I am counsel for plaintiff in this action, and that I am authorized to
take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to
the best of my knowledge, information, and belief. The undersigned understands that the statements therein are
made subject to the penalties of 18 Pa.C.S.A. 4904 atin to unsworn falsification to authorities.
David J. A othaker, Esquire
Attom r Plaintiff
DATE: 5/31/2011
Penn State
® Alumni Association
Prepared for ROBERT W SMITH III
October 2008 Statement
Credit Line: $27,500.00
Cash or Credit Available:
WorldPoints 3M*
AccountNumben - 0937
1 9 Forfnformation on YourAccount lrsit.
Account www.bankofamerica.com
Summary of Transactions Billing Cycle and Payment Information Call toll-free 1-800-789-6685
Previous Balance $15,567.05 Days in Billing Cycle 29 TDD hearing-impaired 1-800-346-3178
Payments and Credits $0
00 Closin
Date 10/08/08 Mail Payments to:
Purchases and Adjustments + .
$39.00 g BANK OF AMERICA
Periodic Rate Finance Charges + $101.56 Payment Due Date 11/02/08 15726
WILMINGTON
DE 19886-5726
Transaction Fee Finance Charges + $0.00 Current Payment Due $296.00 ,
Mail B111inglnquinesto:
Past Due Amount + $2,004.00 BANK OF AMERICA
New Balance Total $15,707.61 Total Minimum P.O. BOX 15026
Payment Due 11?0 11 WILMINGTON, DE 19850-5026
Transaction
s
Promotional Posting
Transaction
Reference Account
Purchases and Adjustments Offer ID Date Date Number Number Amount
LATE FEE FOR°PAYMENT DUE 10/03 10/03 ?- 10/03 5567 39.00
About Important Information YOUR PAYMENT WAS NOT RECEIVED BY THE DUE DATE. TO AVOID FUTURE FEES OR RATE
INCREASES, PLEASE MAKE YOUR PAYMENTS ON TIME AND REMAIN UNDER YOUR CREDIT
LIMIT. REMEMBER, IF TWICE IN 12 MONTHS YOUR PAYMENT IS RECEIVED AFTER THE DUE
DATE AND/OR YOUR CREDIT LIMIT IS EXCEEDED, YOUR APR MAY INCREASE.
OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
Finance Char
e Schedule
g
Pmrwtiona( CorrespondingAnnua( APR Balance Subject to
Category Transaction Types Daily Periodic Rate Percentage Rate Type Finance Charge
Balance Transfers 0.021644% 7.9% S $15,119.47
Cash Advances 0.068466% 24.99% S $257.50
Purchases 0.021644% 7.9% S $247.10
Annual Percentage Rate for this Billing Period:
(Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds 8.18%
the Corresponding APR above.)
APR Type Definitions: APR Type: S= Standard APR (APR normally in effect)
BANK OF AMERICA
P.O. BOX 15726
WILMINGTON, DE 19886-5726
111111INI IN IIIWINInr11n1n1r1
ROBERT W SMITH III
1256 ALMA LN
MECHANICSBURG PA 17055-9710-564
11 Check here for a change of mailing address or phone number(s).
Please provide all corrections on the reverse side.
ACCOUNT NUMBER.• - 0937
NEWBALANCE TOTAL: $15,707.61
PAYMENTDUEDATE.• 11/02/08
Fidx wymsnt AmoW,r Endossd
Mail this payment coupon along with a
check or money order payable to: BANK OF AMERICA
IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE 21 1 Rev. 04/08
CUSTOMER STATEMENT OF DISPUTED MIEN -Please call toll free 1.866.266.0212 Monday-Thursday 8am-9pm (Eastern Time), Friday 8am-7pm (Eastern
Time) and Saturday 8am-6pm (Eastern Time). For prompt service please have the merchant reference number(s) available for the charge(s) in question.
PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOU]
Your Name: Account Number: .
Transaction Date: Posting Date: Reference Number:
Amount $: Disputed Amount $: Merchant Name: _
1. The amount of the charge was increased from S to $ or my sales
slip was added incorrea7y. Enclosed is a copy of the sales sip that shows t t-1 a correct amount
0 2.1 certit}that the charge listed above was not trade by me or a person authorized by me to use myy card, nor
%vere thhe goods or services represented by the transaction received by me or a person authorize by me.
0 3. I have not received the merchandise that was to be shipped to me on (MM/DD/YY).
I have asked the merchant to credit my account
4. I was issued a credit shp that was not shown on my statement. A copy of my credit slip is enclosed.
The merchant has up to 30 days to credit your account
0 5. Merchandise that was shipped to me has arrived damaged arrdror defective. I returned it on
1 /_ (MM/DD/YY) and asked the merchant to credit my account Attach a letter describing
how the merchandise was damaged and/or defective and a copy of the proof of return.
0 6. Although I did engage in the above transaction, I have contacted the merchant, returned the merchandise
on i / (MMODNY) and requested a credit 1 either did not receive this credit or it was
unsan?s gory: Attach a letter explaining why you are disputinngg this charge with a copy of the proof of
return. If you are unable to return the merchandise, please explain.
0 7.1 certify that the charge in question was a singe transaction, but was posted twice to my statement.
I did no authorize the second transaction. Sale #1 $ Reference
#
Sale #2 S Reference #
GRACE PERIOD
"Grace Period" means the period of time during a billing cycle when you will not accrue
Periodic Rate Finance Charges on certain transactions or balances. There is no Grace Period for
Balance Transfers and Cash Advances. If you pay in full this statement's New Balance Total by
its Payment Due Date and 4 you paid in hill this statement's Previous Balance in this statement's
billing cycle, then you will have a Graeae Period during the billing cycle that began the day after
this statement's Closing Dare on the Purchase portions of this statement's New Balance Total.
During a 0% Promotional Rate Offer: l) no Periodic Rate Finance Charges accrue on
balances with the 0% Promotional Rate; and 2) you must pay the Total Minimum Payment
Due by its Payment Due Date (and avoid any other "promotion turnoff event" as defined in
your Credit Card Agreement) to maintain the 0% Promotional Rare.
* * If a corresponding Annual Percentage Rare in the Finance Charge Schedule on the front
of this statement contains a svmbol, then with respect to those balances: 1) the 0%
Promotional Rate will expire at the end of the next billing cycle, and 2) you must pay this
statement's New Balance Total by its Payment Due Date to avoid Periodic Rate Finance Charges
after the end of the 0 % Promotional Rate Offer on those balances existing as of the Closing
Date of this statement.
CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE
Average Balance Method (including new Balance Transfers and new Cash Advances):
We calculate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances,
and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. We
do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2)
calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre-
Cycle balance" - a Pre-Cycle balance is a Balance Transfer or Cash Advance with a transaction
date prior to this statement's billing cycle but with a posting date within this statement's billing
zle; (3) adding all the daily balances it tber; and (4) dividing the sum of the daily balances by
number of days in this statements b- cycle.
To cnlculate the daily balancefor each y in this statement's billing cycle we take the
beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the
previous day's daily balance, add new Balance Transfers, new Cash Advances and and
Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than
zero we treat it as zero.
To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre-
Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balances (which
will be zero on the transaction date of the first Pre-Cycle balance), add an amount equal to the
applicable Daily Periodic Rate multipbed by the previous day's daily balance, and add only the
cepphcable Pre-Cycle balances and their related Transaction Fees. We exclude from this
calculation all transactions posted in previous billing cycles.
Average Daily Balance Method (including new Purchases): We calculate separate Balances
Subject to Finance Charge for Purchases and for each Promotional Offer balance consisting of
Purchases. We do this by: (1) calculating a daily baL3rtce for each day in the billing cycle; (2)
adding; all the daily balances together; and (3) dividing the sum of the daily balances by the
number of clays in the billing cycle.
PAYMENTS
We credit payments as of the date received, if the payment is 1) received by 5 p.m.
(Eastem Time), 2) received at the address shown in the bottom left-hand comer of the front
of this statement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or
a U.S. dollar money order, and 4) sent in the enclosed return envelope with only the bottom
portion of this statement accompany h ? it. Payments received after 5 p.m. on any day
including the Payment Due Date, but that otherwise meet the above requirements, will be
credited as of the next day. We will reject payments that are not drawn in U.S. dollars and
those drawn on a financial institution located outside of the United States. Credit for any
other payments may be delayed up to five days. No payment shall operate as an accord and
satisfaction without the prior written approval of one of our Senior Officers.
We process most payment checks electronically by using the information found on your
check. Each check authorizes us to create a one-time electronic funds transfer (or process it
as a check or paper draft). Funds may, be withdrawn from your account as soon as the
same day we receive your payment. Checks are not returned to you. For more information
or to stop the electronic funds transfers, call us at the number listed on the front.
If you have authorized us to pay your credit card bill automatically from your savings or
checking account with us, you can stop the payment on any amount you think is wrong. To
stop the payment your letter must reach us at least three business days before the automatic
payment is scheduled to occur
one dispute reason.
8.1 notified the merchant on _ I I (MM/DDIYY) to cancel the pre-authorized order
(reservation). Please note caneelation # and if available, enclose a copy of your contract and a
copy of your telephone bill showing dare and time of cancellation. Reason fox cancellation / cancellation
9. Although I did engage in the above transaction, I have contacted the merchant for credit. The services to be
provided on _L_(__ (MMIDD/YY) were nor received or were unsatisfactory. Attach a letter
describing the services expected, your attempts to resolve with the merchant and a copy of your contract.
Q 10.1 cff* that 1 do not recognize the transaction. Merchants often provide telephone numbers next to their
name on your billing statement. Please attempt to contact the merchant for information.
0 1 I. If your dispute is for a different reason, please contact us at the above telephone number
Signature (required): _ Date:
Best contact telephone Home#:
Billing rights are only preserved by written inquiry. To preserve your billing rights, please return a
copy of th s form and anyy supporting information regarding the merchant charge in question to:
Attn: Billing Inquiries, P.O. Box 15026, Wilmington DE 19850-5026, USA.
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
To calculate the daily balance for each day in this statement's billingg tycle, we rake the
beginning balance, add an amount equal to the applicable Daily Peri odic Rate multiplied by the
previous day's daily baance add new Purchases new Accxnunt Fees and new Transaction Fees,
and subtract applicable payments and credits. ff any daily balance is less than zenu we treat it as
zero. If the Previous Balance shown on this statement was paid in full in this statement's billing
cycle, then on the day after that payment in full date, we exclude from the beginning balance
new Purchases new Account Fees, and new Transaction Fees which posted on or before that
payment m full date and we do not add new Purchases, new Account Fees, or new Transaction
Fees which past after that payment m full date.
We include the costs for the cr edit card debt cancellation pLtn or credit insurance purchased
through us in calculating the beginning balance for the first day of the billing cycle after the
billing cycle in which such touts are billed.
TOTAL PERIODIC RATE FINANCE'. CHARGE COMPWATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine
the Periodic Rate Finance Charges, we multiply each Balance Subject to Finance Charge by its
applicable Daily Periodic Rate and that result by the number of days in the billing cycle. To
determine the total Periodic: Rate Finance arge for the billing cycle, we add the Periodic Rate
Finance Charges together. Each Daily PeriChodic Rate is calculated by dividing its corresponding
Annual Percentage Rate by 365.
NOW WE ALLOCATE YOUR PAYMENTS
We will allocate your payments in the manner we determine. In most instances, we will
allocate your payments to balances (including transactions made after this statement) with lower
APRs before balances with higher APRs. This will result in balances with lower APRs (such as
new balances with promotional APR offers) being paid before any other existing balances.
Payment Due Dates and Keeping Your Accwnt III Good INan&M
Your Payment Due Dare will not fall on the same day each month. In order to help maintain
any promotional rates, to avoid the imposition of Default Rates (if applicable), to avoid late fees,
and to avoid overlimit fees, we must receive at least the Total Minimum Payment Due by its
Payment Due Date each billing cycle and you must maintain your account balance below your
Credit Limit each day.
Important Information about Payments by Phone
When using the optional PavS-b -Phone service, you authorize its to initiate an electronic
payment from your account at cane financial institution you designate. You must authorize the
amount and timing of each payment. For your Protection, we will ask for security information.
A fee may apply. To cancel, callus before the scheduled payment date. Same-day payments
cannot be edited or canceled
M?.LANEOUS
For the complete terms and conditions of your account, consult your Credit Card
Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued
and administered by FIA Card Services, N.A.
If your billing address or contact information has changed, or if your
address is incorrect as it appears on this bill, please provide all
corrections here.
Address 1
Address 2
City
State _ Zip
Area Code &
Home Phone _
Area Code &
Work Phone
313298
Request for Service
R. Thomas Kline Sheriff
Cumberland County Office of the Sheriff
One Courthouse Square
Carlisle, PA 17013
Ph: 717.240.6390
Fx: 717-240-6397
Plaintiff/s: Court Number:
FIA CARD SERVICES, N.A. Expiration Date:
Type of Action:
Civil Action
_
Defendant/s:
ROBERT W SMITH
Serve Upon:
ROBERT W SMITH
Address for Service:
1256 ALMA LN
MECHANICSBURG, PA 17055
Alternate Address for Service:
Type of Service:
( ) Personal (X) Adult in Charge () Deputize () Certified Mail () Posting
Special Service Instructions:
** If service is to be made by deputized service to another county please specify which
county
Filing Attorney Information:
Name: Apothaker & Associates, P.C.
Address: 520 Fellowship Road C306
Mount Laurel, NJ 08054
Telephone: 215-634-8920
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
ent., of t:nuti `? -?` r..
Jody SSmith
t l
Chief Deputy F .., f ?`?!J+' ? ? • ,
Richard W Stewart x;11 14 AN 10: 2 +?+
Solicitor
FIA Card Services
vs.
Robert W Smith Case Number
2011-4803
SHERIFF'S RETURN OF SERVICE
06/08/2011 07:39 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 8,
2011 at 1939 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Robert W. Smith, by making known unto Semoy Smith, Wife of Defendant at 1256 Alma
Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $38.00
June 09, 2011
EL eBA R!R! t=KDEPUTY
SO ANSWERS,
4 RON R ANDERSON, SHERIFF
(,Qt J rte
Our File No.: 313298
APOTHAKER & ASSOCIATES, P.C.
By: David J. Apothaker
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
FIA CARD SERVICES, N.A.
Plaintiff
ROBERT W SMITH
Defendant
vs.
H MIN
Sul1 ,'UL 21, I U3
rUMBERLAND COUNTY
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 11-4803-CV
Civil Action
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment against Defendant, ROBERT W SMITH, in the default of an
Answer, in the amount of $1.5,707.61 computed as follows:
Amount claimed in complaint:
Less: Amount Paid:
Plus: Interest from May 31, 2011 to July 19, 2011
at the legal interest rate of 0.00% per annum
Attorney fees
TOTAL
I certify that Defendant, ROBERT W SMITH, last
MECHANICSBURG, PA 17055.
David J. Api
Attorney for
Dated: July 19, 2011
$ 15,707.61
( 0.00)
0.00
0.00
$ 15,707.61
address is 1256 ALMA LN
, Esq.
0010.)y. f d a`1
3a?og
? 01 ?aL ynaa
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TO: ROBERT W SMITH
1256 ALMA LN
MECHANICSBURG, PA 17055
FIA CARD SERVICES, N.A.
Plaintiff
vs.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 11-4803-CV
ROBERT W SMITH
Defendant
NOTICE
Civil Action
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
XX JUDGMENT BY DEFAULT
JUDGMENT IN REPLEVIN
JUDGMENT BY CONFESSION
JUDGMENT FOR POSSESSION
JUDGMENT ON AWARD OF ARBITRATORS
JUDGMENT ON VERDICT
JUDGMENT ON COURT FINDINGS
JUDGMENT ON WRIT OF REVIVAL
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY David J. Apothaker, B1 at this telephone number: 800-672-0215
Our File No.: 313298
APOTHAKER & ASSOCIATES, P.C.
By: David J. Apothaker
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
FIA CARD SERVICES, N.A.
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff
vs.
ROBERT W SMITH
NO.: 11-4803-CV
Civil Action
Defendant
CERTIFICATION PURSUANT TO RULE 237.1
Pursuant to PA Rule Civil Procedure 237.1, I certify that a copy of the NOTICE OF
PRAECIPE TO ENTER JUDGMENT BY DEFAULT has been sent to the Defendant or the
Attorney of Record.
I verify that the statements made in this Certification are true and correct. I understand
that false statements herein are made subject to the p ties of 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
David J. Apothaker, Esq.
Attorney for Plaintiff
Dated: July 19, 2011
Our File No.: 313298
APOTHAKER & ASSOCIATES, P.C.
By: David J. Apothaker
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
FIA CARD SERVICES, N.A.
Plaintiff
vs.
ROBERT W SMITH
Defendant
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 11-4803-CV
Civil Action
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
David J. Apothaker, being duly sworn according to law, deposes and says that I am the
attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 1256
ALMA LN MECHANICSBURG, PA 17055.
We inquired with the web site of the Defense M wer Data Center, located at 1600
Wilson Boulevard, Suite 400, Arlington, VA 22209-293 if the Defendant(s) is/are in any
branch of the military.
Mary M. Snavely-Dixon, Director of the Def nse anpo er Data Center has sent back
our inquiry indicated that the Defendant(s) is/are not i the ilit
David J. ApotNker, Esq.
Attorney for Plaintiff
I verify that the statements made in this Certification are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
Request for Military Status
`3age 1 of 2
Department of Defense Manpower Data Center Jul-19-2011 08:41:34
W Military Status Report
Pursuant to the Service Members Civil Relief Act
-< Last Active Duty Active Duty End Service
Name First/Middle Begin Date Status Date Agency
Based on the information you have furnished, the DMDC does
SMITH ROBERT not possess any information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower
Data Center, based on the information that you provided, the above is the current status
of the individual as to all branches of the Uniformed Services (Army, Navy, Marine
Corps, Air Force, NOAA, Public Health, and Coast Guard).
01
)6vil 44_4??
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of
Defense 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 Service Members 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 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 is on active duty, 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
littp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person is
on active duty 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).
https://www.dmdc.osd.mil/appj/scra/popreport.do 7/19/2011
Request for Military Status
Wage 2 of 2
If you obtain additional information about the person (e.g., an SSN, improved accuracy
of DOB, a middle name), you can submit your request again at this Web site and we will
provide a new certificate for that query.
This response reflects active duty status including date the individual was last on active
duty, if it was within the preceding 367 days. For historical information, please contact
the Service SCRA points-of-contact.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC §
101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the
National Guard, includes service under a call to active service authorized by the President
or the Secretary of Defense for a period of more than 30 consecutive days 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 TARS, Marine Corps ARs and Coast Guard 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) for a period of more than 30 consecutive days.
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.
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 SCRA extend
beyond the last dates of active duty.
Those who would 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 name and SSN provided by the
requester. Providing an erroneous name or SSN will cause an erroneous certificate to be
provided.
Report ID:3MQCC30557
littps://www.dmdc.osd.mll,/appj/scra/popreport.do 7/19/2011
-- FIA CARD SERVICES, N.A. ) COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs. )
ROBERT W SMITH ) NO. 11-4803-CV
To: ROBERT W SMITH
1256 ALMA LN
MECHANICSBURG, PA 17055
Date of Notice: July 05, 2011
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. BEDFORD ST.
CARLISLE, PA 17013
717-249-3166
DAVID J. APOTHAKER, ESQUIRE
APOTHAKER & ASSOCIATES, PC
A Law Firm Engaged in Debt Collection
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
Attorney ID #38423
313298
2130307
GORDON & WEINBERG, P.C.
BY: FR.EDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
FIA CARD SERVICES, N.A.
VS.
ROBERT W SMITH III
r= JLEU-OI" F ICE
?;. THE PROTNONOTAR
2012 JUL 16 PM 3*- 41
CUMBERLAND COUNTY
PENNSYLVANIA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 11-4803-CV
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of the plaintiff in the
above-captioned matter.
GORDON & WEINBERG, P.C.
t
BY:
FREDERIC W INBERG, ESQUIRE
JOEL M. ]? K, ESQUIRE
Attorney for Plaintiff
P012
4110, -
CERTIFICATION OF SERVICE
I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on
the date below, served a copy of the Substitution of Attorney a6d
Entry of Appearance Pursuant to Pa.R.C.P. 1028(c)(1), via First'
Class Mail, postage pre-paid, to all other parties or their
counsel of record.
FREDERIC-+ 0EINBERG, ESQUIRE
Dated: °?? 1 % 2--