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Home My WebLink About11-5444 Our File No.: 318200 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D. #55140 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. FRANKLIN J LYNCH JR 1550 WILLIAMS GROVE RD MECHANICSBURG, PA 17055 Defendant. FILED-OFFICE f -F THE PROTHONOTARV 12011 JUL -5 PM 1:26 CUMBERLAND COUNT`' PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: ll- SW4q eivt-( NOTICE 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 a.0o Pd a A a laL Ck ? 3 e-4 44,35A Our File No.: 318200 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D. #55140 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. FRANKLIN J LYNCH JR 1550 WILLIAMS GROVE RD 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 FRANKLIN J LYNCH JR, an adult individual residing at 1550 WILLIAMS GROVE RD 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 $13,238.36. 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 $13,238.36 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in ebt mtion UY. Kimbe y Scian, Esquire Dated: 6/29/2011 Our File No.: 318200 VERIFICATION Kimberly F. Scian, 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 relating to unsworn falsification to authorities. Kimbe F. Scian, Esquire Attorney for Plaintiff DATE: 6/29/2011 Prepared for FRANKLIN J LYNCH JR AccountNumbe?_ 0863 Summarv of Transactions Previous Balance $13,238.36 Payments and Credits - $13,238.36 Purchases and Adjustments + $0.00 Periodic Rate Finance Charges + $0.00 Transaction Fee Finance Charges + $0.00 New Balance Total $0.00 March 2009 Statement Credit Line: $0.00 Cash or Credit Available: Billinci Cvcle and Pavment Information Days in Billing Cycle 31 Closing Date 03/17/09 Payment Due Date 04/11/09 Current Payment Due $0.00 Past Due Amount + $0.00 Total Minimum em Payment Due NEWBALANCE TOTAL: $0.00 PAYMENTDUEDATE.• 04/11/09 Transactions Promotional Posting Transaction Reference Account Payments and Credits Offer ID Date Date Number Number Amount CHARGE-OFF ADJUSTMENT 02!28 - - 13,238.36 GR Fi Ch S h d l nance arge c e u e Promotional Corresponding Annual APR Balance Subject to Category Transaction Types Dal/y Periodic Rate Percentage Rate Type Finance Charge Balance Transfers 0.000000% 0.00% T Cash Advances 0.000000% 0.00% T Purchases 0.000000% 0.00% T Annual Percentage Rate for this Billing Period: See Corresponding (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds Annual Percentage the Corresponding APR above.) Rate Above APR Type Definitions: APR Type: T= Temporary APR (APR for special circumstances) Check here for a change of mailing address or phone number(s). BANK OF AMERICA r El Please provide all corrections on the reverse aide. P.O. BOX 15019 Payment Information WILMINGTON, DE 19886-5019 I ACCOUNTNUMBER.• -0863 FRANKLIN J LYNCH JR 1550 WILLIAMS GROVE RD LOT 66 MECHANICSBURG PA 17055-9799-666 WorldPoints 3M/ Forlnformab'on on YourAccount Visit www.bankofamerica.com Call toll-free 1-800-626-2556 TDD hearing-impaired 1-800-346-3178 Mail Payments to: BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19886-5019 Mail Billing Inquiries to., BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 Eitw Plry &W An-" End-& Mail this payment coupon along with a check or money order payable to: BANK OF AMERICA v N 0 N IMPORTANT INFORMATION ABOUT' THIS ACCOUNT U S E21 1 Rev. 04/08 CUSTOMER STATEMENT OF DISPUTED ITEM - Please call toll free 1.866.266.0212 Monday-Thursday 8am-9pm (Eastern Time), Friday 8am-7pm (F.ast? Time) and Saturd ry gam-6pm (Eastern Time). For prompt service please have the merchant reference number(s) available for the charge(s) in question. PLEASE DO NOT AUER WORDING-ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispu Your Name: Account Number: Transaction Dare: Posting Date: Reference Number: Amount $: Disputed Amount $: Merchant Name: I. The amount of vie charge was increased from $ to $ or my sales slip was added b irorreettly Enclosed is a copy of sot t t shows tit a corms amount. 0 2.1 certify that the charge listed above was not made by the or a person authorized by me to use my card, nor were the goods cr services represented by the transaction received by me or a person authorized by me. 0 3.1 have not receiv,d the merchandise that was to be shipped to me on _ / ! (MMIDDlYY ). I have asked the anetchant to credit my account 4. I was issued a crtdit slip that was not shown on my statement. A copy of my credit slip is enclosed. The merchant hips up to 30 days to credit your account. 5. Merchandise that was shied to me has arrived ed and/or defective./ retuned it on ! ! (MMIDDNY) and asked the merchant to credit my account. Attach a letter describing how the merchandise was damaged and/or defarive and a copy of the proof of return. 6. Although I did engage in the above transaction, I have contacted the merchant, returned the merchandise on _ ! MM/DD/YY) and requested a credit. I either did rtes receive this credit or it was unsarianry: A tack explaining why you are dispu ' this charge with a copy of the proof of return. If you are unable to return the merchandise please exp in. 0 7. I certify dta[ the charge in question was a site transaction but was pasted twice to my statement 1 did no authorize the second transaction. Sak #1$- Reference # Sale #2 $ Reference # 0 8.1 notified the merchant on _ I 1 (NIM/DDNY) to caned the pre-authorized order (reservation). Please note cancellation # and if available, enclose a copy of your contract and a copy of you telephone bill showing dare and time of cancellation. Reason for cancellation /cancellation 9. Ahhoagh I did engage in the above transaction, I have contacted the merchant hu credit. The services to be provided on _/ / (M.MIDDNY) were no received or were unsatisfactory. Attach a letter describing the services expected, your attempts to resolve with the merchant and a copy of your contract. 0 10.1 certify that I donor recognize the transaction. Merchants often provide telephone numbers next to their name on your billing statement. Please attempt to contact the merchant for information. 11. If your dispute is for a different reason, please contact us at the above telephone number. Signature (required): Date: Best contact telephone Home#: Billing ri is are only preserved by written inquiry. To preserve your billing rights, please return a copy oft is form and auyy supporting information regarding the merchant charge in question to: Attn: Billing Inquiries, PO. T. 15026, Wilmington, DE 19850-5026, USA. PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT. 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 if you paid in IN this statement's Previous Balance in this statement's billing cycle, theft you will have a Grace Period during the billing cycle that began the day after this statement's Closing Date on the Purchase portions of this statement's New Balance Total. During a 0`5o 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 (anti avoid any other "promotion turnoff event" as defined in your Credit Card Agreement) to maintain the 0% Promotional Rare. * * If a corresponding Annual Percentage Rate in the Finance Charge Schedule on the front of this statement contains a "* *" symbol, then with respect to those balances. l) 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 Rare 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 Q 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 pelting date within this statement's billing r, and (4) dividing the sum of the daily balances by z le; (3) adding all the daily balances %bicycle. the number of days in this statement s To calculate the daily balance for evinthis statement's bill* 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 cccle 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 Rare multiplied by the previous day's daily balance, and add only the applicable 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 balance 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 days in the billing cycle. PAYMENTS We credit payments as of the date received, if the payment is 1) received by 5 p.m. (Eastern 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 retum envelope with only the bottom portion of this statement accompanying 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 fisted 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: To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate mailtipllcd by the previous day's daily balance, add new Purchases new Accxnint Fees and new Transaction Fees, and subtract applicable payments and sho credits. If any daily balance is less than zero we treat it as zero. If the Previous Balance wn on this statement was paid in full in this statement's billing cycle, then on die day after that payment in full date, we exclude from the beginning balance new Purchases, new Acccwnt Fees, and new Transaction Fees which posted on or before that payment in full date, and we do not add new Purchases, new Account Fees, or new Transaction Fees which post after- that payment in full date. We include the costs for the credit card debt cancellation plan or credit insurarice purchased through us in calculating the beginning balance for the fast day of the billing cycle after the billing cycle in which such tests are billed. TOTAL PMiIODiC RATE MANCE CHARGE COMKffATKIN Periodic Rate Finance Charges acute and are compounded on a daily basis. To determine the Periodic Rate Finance Charges, we multi pl each Balance Subject to Finance Charge by its applicable Daily Periodic Rate and that result liy the number of days in the billing cycle. To determine the total Periodic Rate Finance Charge for the billing cycle, we add the Periodic Rate Finance Charges together. Each Daily Periodic Rate is calculated by dividing its corresponding Annual Percentage Rate by 365. HOW 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. Papnont Due Dates and Keeang Yaw Account In Good 9boxAM Your Payment Due Date 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 Infouynation about Payments by Phone When using the optional Pay-b -Phone service, you authorize us to initiate an electronic payment from your account at the 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, call its before the scheduled payment date. Same-day payments cannot be edited or canceled. MISCELLANEOUS For the complete terms and conditions of your account, consult your Credit Card Agreement. RA 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 _ Area Code & Home Phone Area Code & Work Phone reason. Zip m to m 0 ro SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff -?ILEO-O (FIC Jody S Smith Chief Deputy 21111 JUL 26 AM 8* 4 8 Richard W Stewart Solicitor - CUMBERLAND CCva? PENNSY! VAMA FIA Card Services Case Number vs. Franklin J. Lynch, Jr. 2011-5444 SHERIFF'S RETURN OF SERVICE 07/22/2011 10:47 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 22 2011 at 1047 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Franklin J. Lynch Jr., by making known unto himself personally, at 1550 Williams Grove Road, Lot 66, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. A TSHALL, DEPUTY SHERIFF COST: $38.00 July 25, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Our File No.: 318200 c? APOTHAKER & ASSOCIATES, P.C. -n By: David J. Apothaker =? -0 `Or i Attorney T.D.# 38423 7") C:) 520 Fellowship Road.C306 <ra Mount Laurel, NJ 08054 >M (800) 672-0215 5;= r-n Attorney for Plaintiff FIA CARD SERVICES, N.A. Plaintiff vs. FRANKLIN J LYNCH JR Defendant Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, FRANKLIN J LYNCH JR, in the default of an Answer, in the amount of $13,238.36 computed as follows: Amount claimed in complaint: Less: Amount Paid: Plus: Interest from June 29, 2011 to August 29, 2011 at the legal interest rate of 0.00% per annum Attorney fees TOTAL I certify that Defendant, FRANKLIN J LYNCH WILLIAMS GROVE RD MECHANICSBURG, PA 17 $ 13,238.36 ( 0.00) 0.00 0.00 $ 13,238.36 known address is 1550 David J. Apothaker, Esq. Attorney for Plaintiff Dated: August 29, 2011 414. 00 PO A7r4 e? ?c°yco? a?ya7y COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 11-5444 CIVIL OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: FRANKLIN J LYNCH JR 1550 WILLIAMS GROVE RD MEC'HANICSBURG, PA 17055 FIA CARD SERVICES, N.A. Plaintiff vs. FRANKLIN J LYNCH JR Defendant NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 11-5444 CIVIL 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, Esc. at this telephone number: 800-672-0215 q?G?, Our File No.: 318200 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. vs. Plaintiff FRANKLIN J LYNCH JR Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 11-5444 CIVIL Civil Action 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 pena s of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. s i David J. Apoth er, Esq. Attorney for Plaintiff Dated: August 29, 2011 Our File No.: 318200 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. vs. Plaintiff FRANKLIN J LYNCH JR Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 11-5444 CIVIL 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 1550 WILLIAMS GROVE RD MECHANICSBURG, PA 17055. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 222 -2 93, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the DifenselManpgKver Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in th mil' ry. David J. Apoth- er, 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. Our File No.: 318200 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. FRANKLIN J LYNCH JR Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 11-5444 CIVIL 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 1550 WILLIAMS GROVE RD MECHANICSBURG, PA 17055. We inquired with the web site of the Defense Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209-2593, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the Defense Manpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in the military. David J. Apothaker, 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 Page 1 of 2 Department of Defense Manpower Data Center Aug-29-2011 07:23:37 Military Status Report 1W Pursuant to the Service Members Civil Relief Act Last First/Middle Begin Date Active Duty Active Duty End Service Name Status Date Agency LYNCH FRANKLIN Based on the information you have furnished, the DMDC does Rot 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). 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 http://www.defenselink.mil/faq/?is/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 8/29/2011 Request for Military Status Page 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 resporise reflects active duty status including date the individual was last on active duty, if it was within4he 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 3 0 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:QC74PNBTHU https://www.dmdc.osd.mil/appj/scra/popreport.do 8/29/2011 ?FIA'CARD SERVICES, N.A. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) FRANKLIN J LYNCH JR ) NO. 11-5444 CIVIL To: FRANKLIN J LYNCH JR 1550 WILLIAMS GROVE RD MECHANICSBURG, PA 17055 Date of Notice: August 15, 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 318200