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HomeMy WebLinkAbout11-6223SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ofu ttr?rr T H t7 fPs ;%'-! , Jody S Smith oll, Fr ?? Chief Deputy ^011 AUG 17 PM 33; 07 Richard W Stewart Solicitor PEE' NSYLVAHI /, Cach, LLC Case Number vs. 2011-6223 Vincent Benjamin Kensinger SHERIFF'S RETURN OF SERVICE 08/08/2011 04:11 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on August 8, 2011 at 1611 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Vincent Benjamin Kensinger, by making known unto Stephanie McKeta, adult in charge at 498 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. rAMAf111A PAhi4%1 AMANDA COBAU H, DEPU SHERIFF COST: $38.00 August 11, 2011 SO ANSWERS, RONI'TY R ANDERSON, SHERIFF ,r_1 GcuntySWte Sne„ff. lee-,soft In::. CACH, LLC, Plaintiff V. VINCENT B KENSINGER, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 11-6223-Civil Term Civil Action - Law Defendant NOTICE TO PLEAD - To: CACH, LLC < - ' ' - c/o David J. Apothaker, Esquire c *:3 Apothaker & Associates, P.C. CD --{p 520 Fellowship Road C306 Po _? Mount Laurel NJ 08054 , You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Res t ly mitted, Date: i e . Pykosh, Esquire I.D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant, Vincent B. Kensinger Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykoshLa dplglaw com Attorney for Defendant CACH, LLC, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-6223-Civil Term VINCENT B KENSINGER, Civil Action - Law Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Vincent B. Kensinger, by and through her attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files his Preliminary Objections to the Plaintiff's Complaint, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by MBNA America, N.A. Comp. ¶ 1 and 3. 2. The Complaint was filed on August 5, 2011. First Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (failure to state whether agreements is oral or written, state its terms, and/or attach written contract upon which the claim is based) 3. The Complaint avers the existence of some type of credit account between the Defendant and an original creditor. 4. Pursuant to Pa. R.C.P. 1019(h), where a claim asserted is based upon an agreement, the pleading must state whether the agreement is oral or written. 5. The Complaint does not indicate whether the agreement is oral or written. 6. Pursuant to Pa. R.C.P. 1019(i), if the agreement is written, it must be attached to the pleading or, if not, the pleader must explain its absence and set forth the substance of the agreement. More specifically, Plaintiff has failed to attach the original Loan/Credit Agreement signed and dated, including both original and amended terms and conditions applicable to the credit card agreement. Asset Acceptance, LLC v Margaret Madden Order dated March 18, 2009, No. 2912 of 2008 GD (Fayette County 2009) citing Atlantic Credit & Finance, Inc. v Guiliana, 829 A.2d 340 (Pa. Super. 2003). Plaintiff has also failed to attach "other periodic mailings detailing changes to the terms of the contract Remit Corporation v Miller, 5 Pa. D&C 5th 43, 45 (Centre Cty., 2008) 7. The Plaintiff has failed to describe the terms of the agreement, nor has it attached a copy of a written agreement or explained its absence. Second Preliminary Objection- Pa. R.C.P. No. 1028(a)(4)- Demurrer 8. The Plaintiff has failed to allege facts sufficient to maintain a cause of action for Breach of Contract. Third Preliminary Objection- Pa. R.C.P. No. 1028(a)(3)- Insufficient Specificity 9. The Complaint contains only a general assertion of the amount the Plaintiff claims is owed by the Defendant. It provided no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrual and amounts of interest charges and other fees. 10. Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in a Complaint of this type. 11. By not including the requisite detail of the account, the Complaint fails to conform to an express rule of Court. Fourth Preliminary Objection- Pa. R.C.P. 1028(a)(5)- Plaintiff is stranger to Defendant 12. Pa. R.C.P. 2002(a) required that an action be brought by the real party in interest. 13. By failing to attach a copy of the necessary writing by which the Plaintiff would become the assignee of the account and thus the real party in interest or an agency agreement, the Plaintiff has failed to conform with the requirements of the aforesaid rule. 14. Plaintiff has not shown standing or capacity to sue Defendant. 15. Since this matter was not brought by the real party in interest it must be dismissed. Fifth Preliminary Objection- Pa.R.C.P. No. 1028(a)(2)- Failure to conform to rule of court (failure to attach written assignments of debt) 16. The Plaintiff is not the original creditor, but rather assignee of the original creditor. Comp. ¶ 1 and 8. Since the Plaintiff s right to maintain an action as an assignee is predicted upon written assignment or agency agreement, that writing must be attached to the Complaint, pursuant to Pa. R.C.P. 1019(i). 17. By failing to attach a copy of the assignment of the debt to the Plaintiff, the Complaint does not comply with an express rule of court, in violation of Pa. R.C.P. 1028(a)(2). See Remit Corporation v Miller 5 Pa. D&C 5th 43 and Capital One Bank v. Clevenstine, 7 Pa. D&C 5th 153 Sixth Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (Improper Verification) 18. Pa. R.C.P. 1024 required that every Complaint be verified by a Party, unless the party is without sufficient knowledge or information with which to verify, or, alternatively, that the party is outside the jurisdiction of the court and its verification cannot be obtained within the time allowed for pleading. Pa. R.C.P. 1024(c)(1) and (2). 19. The Complaint is verified by the attorney of record with no mention of the Plaintiff being outside the jurisdiction of the court and cannot be verified with in the time allotted for the pleading, WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiff Complaint be dismissed with prejudice. Respectfully S bmitted, Date: ichae ?yk squire I.D. # 851 2132 Market Street Camp Hill, Pennsylvania 17011 (717)975-9446 CACH, LLC, Plaintiff V. VINCENT B KENSINGER, Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 11-6223-Civil Term Civil Action - Law CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant, Vincent B. Kensinger's, Preliminary Objections to Plaintiffs Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: CACH, LLC c/o David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Respectfully Submitted, Date: ` l <' Mic"hael J. Pykosh, Esquire I.D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant VERIFICATION I, Vincent B. Kensinger, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my personal knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. I "j- Date: Vincent B. Kensin r FILED-OFFICE OF THE PROTHONOTARY 2011 AUG 2 9 AM 11: '00 Our File No.: 320506 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CACH, LLC 4340 S MONACO STREET DENVER, CO 80237 vs. Plaintiff, VINCENT B KENSINGER 498 STONEHEDGE LN MECHANICSBURG, PA 17055 Defendant. CUMBERLAND COUNTY FENINSYL', A 111i% COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 11-6223-CIVIL Civil Action 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 Our File No.: 320506 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CACH, LLC 4340 S MONACO STREET DENVER, CO 80237 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 11-6223-CIVIL vs. Plaintiff, VINCENT B KENSINGER 498 STONEHEDGE LN MECHANICSBURG, PA 17055 Defendant. AMENDED COMPLAINT FIRST COUNT Civil Action 1. Plaintiff is CACH, LLC ("Plaintiff'), 4340 S MONACO STREET, DENVER, CO 80237. 2. Defendant is VINCENT B KENSINGER ("Defendant"), an adult individual residing at 498 STONEHEDGE LN MECHANICSBURG, PA 17055. 3. Defendant applied for, received and used a credit account issued by MBNA AMERICA, N.A., account number ending in 0166 ("Account"), pursuant to a written agreement ("Agreement") 4. Copies of the Agreement, credit card statements and an Affidavit evidencing chain of title for the Account are attached hereto and incorporated by reference herein. 5. Under the terms of the Agreement, Defendant was given the right to use the Account to make purchases, cash advances, and/or balance transfers. 6. Defendant, in return, promised to timely pay the principal balance accumulated plus interest, fees and penalties where applicable. 7. Defendant's use of the Account in the manner described above constituted acceptance of the terms of the Agreement. 8. Defendant defaulted under the terms of the Agreement by failing and refusing to make timely payments on the Account, although demand was made for same. 9. The Account was opened on or about August 17, 1999. 10. The last payment on the Account was recorded on or about December 19, 2009. 11. The attached credit card statements include a statement evidencing a payment placing this account within the applicable statute of limitations. 12. The Account was charged off on or about July 31, 2010 with an outstanding balance of $15,544.42. 13. The attached credit card statements include a statement evidencing the charge-off balance for the Account. 14. Plaintiff purchased the Account and presently owns and holds the Account. 15. The Affidavit attached hereto evidences the chain of title for the Account. 16. Plaintiff has suffered monetary damages in the amount of $15,544.42. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $15,544.42 and requests this Court award costs to the extent permitted by applicable law. SECOND COUNT - QUANTUM MERUIT The averments contained in the First Count of Plaintiff's Amended Complaint are incorporated as though fully set forth herein: Defendant opened an account with MBNA AMERICA, N.A., account number ending in 0166. 2. Defendant used, accepted and benefitted from the Account to MBNA AMERICA, N.A.'s detriment. 3. Defendant was aware that MBNA AMERICA, N.A. provided these benefits and expected to be paid in return. 4. Under the circumstances, it is inequitable for defendant to retain the benefits of use of the Account without payment of value. 5. Plaintiff purchased the account and presently owns and holds the Account. 6. Plaintiff has suffered monetary damages in the amount of $15,544.42. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $15,544.42 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 Debt Collection BY: enjamin ?. Cavallaro, Esquire Dated: August 25, 2011 VERIFICATION I, Benjamin J. Cavallaro, Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that I am counsel for Plaintiff in this action, that I make this Verification based upon the facts as supplied to me by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court, and that the facts set forth in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY Date: August 25, 2011 Defendant's Name: VINCENT B KENSINGER Account Number: ending in 0166 Our File No.: 320506 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CACH,LLC 4340 S MONACO STREET DENVER, CO 80237 Plaintiff, vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 11-6223-CIVIL VINCENT B KENSINGER 498 STONEHEDGE LN MECHANICSBURG, PA 17055 Defendant. Civil Action CERTIFICATION OF SERVICE I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on August 25, 2011, I mailed a copy of Plaintiff's Amended Complaint by Regular mail to: MICHAEL PYKOSH, Esquire 2132 MARKET ST CAMP HILL, PA 17011 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: gamin J. Cavallaro, Esquire Dated: August 25, 2011 AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA CITY OF GREENSBORO FIA Card Services, N.A. Accountholder: KENSINGER, VINCENT B c 166 The undersigned, Justin S Taro, being duly sworn, states and deposes as follows: 1. That Affiant is employed by FIA Card Services, N.A. in the position of Bank Officer, has personal knowledge of the manner and method by which FIA Card Services, N.A. maintains its normal business book and records, and is duly authorized to make this affidavit. 2. That the contents of this affidavit are believed to be true and correct based on the computerized and hard copy books and records of FIA Card Services, N.A., maintained in the ordinary course of business, with the entries in them having been made at or near the time of the transaction recorded. 3. That FIA Card Services, N.A. is a wholly owned subsidiary of Bank of America Corporation and is successor in interest to MBNA America Bank NA, Fleet Bank (RI), and Bank of America, National Association (USA). 4. That the account records of FIA Card Services, N.A. show that: a. Account number,?254, formerly account numbe 166, was opened on 08/17/99 by VINCENT B KENSINGER. b. Pursuant to the terms of the card member agreement with FIA Card Services, N.A , there was due and payable $15544.42 as of the charge off date of 07/31/10 C. Said agreement and account was, on 8/14/2010, sold, transferred and set over unto CACH, LLC, with full authority to do and perform all acts necessary for collection, settlement, adjustment, compromise or satisfaction of the said claim, and as of that date, there was due and payable on this Account the sum of $15544.42, with all just and lawful offsets, payments, and credits having been allowed. d. There were no uncredited, payments, just counterclaims or offsets against said debt when sold. DATED THIS -_day of JUN 2 0 2011 2011 FIA Card Services, N.A. 5. That as a result of the sale of said account, CACH, LLC and/or its authorized Agent, has complete authority to settle, adjust, compromise and satisfy same, and that FIA Card Services, N.A. has no further interest in the account for any purpose. 6. That the original contract in this matter may not be available, or no longer accessible to Affiant. Subscribed and sworn to before me this My commission expires: Notary Seal 2011 a? JOY E. J FFE ISION Notary Puh,7 Giuilf cl G ! {l r My CC?ttlttti uCt?[11 r? w- `?3rch t,, 2t?14 E? 1,"'4,t:C 6n12'ott By: day of L4%Lj ?930 C?T'-)iO -977/9 edit Card Agreement General In this Credit Card Agreement, the words "you" and "your' refer to each and all of the persons who accept a credit card issued by us or under an account we hold. This Credit Card Agreement (the "Agreement") consists of this document and the terms and conditions set forth in the Required Federal Disclosures section of the accompanying card carrier, which is incorporated herein and made a part hereof. The words, "we," 1"us," "our" and "MBNA America" mean MBNA America Bank, N.A. When you accept or use the account. you agree to the terms in this Agreement. You should sign your card before you use it. You consent to and authorize the monitoring and/or recording of your calls with representatives of MBNA America and its affiliates . All capitalized terms not defined herein shall have the meaning as defined in the Required Federal Disclosures section of your card carrier. rmation Gathering and Sha From time to time, we may obtain updated information about you including, for example, credit information. we may share information about you with credit reporting agencies and others, including merchants, and among companies affiliated with us. You may request that information about you not be shared among our affiliates, other than information pertaining solely to transactions or experiences between you and us (or an MBNA America affiliate), by writing us at MBNA America, iP. O. Box 15342, Wilmington, DE 19850-5342. Please include your name, address, home phone number and all MBNA America account numbers. If you believe that inaccurate or incomplete information about you or your account has been shared by us with a credit reporting agency, write to us at: MBNA America, P. O. Box 15026. Wilmington, DE 19850-5026. Please include your name, address, home phone number, and account number, and explain which information you believe is inaccurate or incomplete. How To Use Your Account You may use your credit card to purchase or lease goods or services from persons who honor the card. You may also use t? r r carci fr, obtain Cash Advanre? You may not use a Check on this of any other credit account with us. You may not use your account for business or commercial purposes. Certain establishments may cash your personal checks upon presentment of your card, In the event we are required to pay the amount of a check cashed in this way because the check is not paid for any reason, we will charge your account for a Cash Advance in the amount of the check and any processing charge we actually incur. If you permit any person to have access to your card or account number with the authorization to make a charge, you may be liable for all charges made by that person including charges for which you may not have intended to be liable. The transaction date for Check'Cash Advances and Balance Transfers is the date you or the person to whom the check is made payable first deposits or cashes the check. The transaction date for a returned payment (a Bank Cash Advance) is the date that the corresponding payment posted to your account. You may request a stop payment on Check Cash Advances by providing us with the check number, dollar amount, and payee exactly as they appear on the Check Cash Advance. Oral and written stop payment requests on Check Cash Advances are effective for six months from the day that we place the stop payment on your account. You may not use a postdated Check Cash Advance to obtain credit under your account. If you do postdate a Check Cash Advance, we may elect to honor it upon presentment or return it unpaid to the party which presented it to us for payment. without in either case awaiting the date shown on the Check Cash Advance. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take, ReMment You promise to pay us the amounts of all credit you obtain; this includes all purchases, cash advances, tees, charges,.and insurance premiums we assess against your account and Finance Charges. You may pay the entire amount outstanding at any time. You must pay each month at least the minimum payment shown on your monthly statement. If you overpay or if a credit balance is otherwise created in your account, we will not pay interest on such amounts. Your payment will be allocated in a manner we determine. We may allocate your payments to balances (including new transactions) with lower APRs before balances with higher APRs. This may result in new balances with a lower rate of interest being paid before any other existing balances. All payments will be credited to your account for the billing cycle in which each payment is received; however, your available credit may not be increased by the "Aliiiiouni morJU11)' y:=bVlh(il[? Criift(,L Lt' i+i'aUe in advance ana payments made in any billing cycle which are greater than the minimum payment due will not affect your obligation to make 2 subsequent minimum payments each month. We can reject payments not denominated in U.S. dollars or not drawn on a U.S. Bank. No payment shall operate as an accord and satisfaction without the prior written approval of a senior officer of MBNA America. Charges Made In Foreign Currencies if you incur a charge in a foreign currency, the charge will be converted by Visa International or MasterCard international, depending on which card you use, into a U.S. dollar amount in accordance with the operating regulations or conversion procedures in effect at the time that the transaction is processed, Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate Or (2) a government-mandated rate in effect one day prior to the processing date. increased by one percent in each case. Visa or MasterCard retains this one percent as compensation for performing the currency conversion service. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. Payment Holidays We may allow you, from time to time, to omit a monthly payment. We will notify you when this option is available. if you omit a payment, Finance Charges and credit insurance premiums, if any, will accrue on your balance in accordance with this Agreement. The requirement that you make a minimum payment each month will resume following your payment holiday. Billing Cycle A billing cycle begins on the day after the closing date shown on your account's preceding monthly statement and ends on the closing date that appears on your account's statement for the current month, Account Fees and Charges Account Fem: The following fees, which are set forth on your card carrier, are assessed as Purchases in the billing cycle in which such charges accrue: (1) a Late Fee: (2) if your account is overlimit on the last day of a billing cycle, an Qverlimit Fee is charged to your account as of the day in the billing cycle that your account went over the credit limit: (3) a Retumed Payment Fee if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon subsequent presentment: (4) a Returned Check Fee if we return Check Gash Advance unpaid for Gry reason, even if the Check uCCI,UIi, 4LPer! Ca li YOU 1iiib,hl8ii: isli ocCOUrlt Urihr?tt LA1itiiit.i you have active charging privileges or not, an Annual Fee. 3 Abandoned Property Charges: Unless prohibited by applicable law, we will charge your account, as a Purchase, for any costs incurred by us associated with complying with state abandoned property laws. Additional! Account Fees and Charges: Please review the Required Federal Disclosures section of your card carrier for additional fees and charges that may apply to your account. Benef its You will be offered certain benefits which will be subject to the restrictions outlined in the benefits brochure provided to you by MBNA America. MBNA America reserves the right to adjust, add, or delete benefits and services at any time and without notice. Reasons for Requiring Immediate Paylment You will be in default and we can require immediate payment of all amounts you owe if: (1) you fall to make any required payment by the Payment Due Date; (2) your New Balance Total exceeds your credit Hmit, or if we have established a separate Cash Advance credit limit for you, your outstanding Cash Advance balance exceeds your Cash Advance credit limit: or (3) you fait to abide by any other terms of this Agreement. If you default, unless prohibited by applicable law, we can also require you to pay the collection and court costs we incur in any collection proceeding, and a reasonable attorneys fee if we refer your account for collection to an attorney who is not our salaried employee. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. Refusal to Honor Your Card We are not liable for any refusal to honor your card or any Cash Advance or for any retention of your card by us, any other bank, or any seller or lessor of goads or services. Termination We may suspend or terminate your right to obtain credit at any time for any reason. Your obligations under this Agreement continue even after your right to obtain credit has been suspended or terminated. Amendments Itq'I Ir".+E'Prlt. itoerci law and the laws of the State of Delaware, if an amendment gives you the 4 opportunity to reject the change. and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the entire unpaid balance, including the balance existing before the amendment became effective. We may replace your credit card with another card at any time. Assignment We may at any time. and without notice to you, assign your account, any sums due on your account, this Agreement or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such assignment shall be entitled to all of our rights and/or obligations under this Agreement, to the extent assigned. Credit Limit Your credit limit is shown on your card carrier and generally on each monthly statement, We may change your credit limit or limits from time to time, and we will notify you if we do. The total amount of credit outstanding at any time must not be more than your credit limit. We may also establish a separate credit limit for Cash Advances. If we do, your outstanding Cash Advance balance may not exceed this Cash Advance limit. Request for Credit Over Your Credit Limits if you request credit in any form which, if granted, would result in either your total outstanding balance or your Cash Advance balance, including authorized transactions not yet posted to your account, being more than your credit limit or your Cash Advance credit limit, if we have established one for you, (whether or not such balances before the request were more than the respective credit limit), we may: (1) honor the request without permanently raising your credit limit; (2) honor the request and treat the amount which is more than your credit limit as immediately due: or (3) refuse to honor the request. We may advise the person who made the request that it has been refused. if we refuse to honor a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance Or Balance Transfer that credit has been refused, that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. If we have previously honored requests for credit over your credit limit, it does not mean that we will honor further overlimit requests. if we decide to honor such a request, we rrt,-N' ?`.=LPFz ar: Overiimil FE'F o$ pi-eked in thi1 Agreement. 5 Unauthorized Use of Your Card You may be liable for the unauthorized use of your card. You will not be liable for unauthorized use that occurs after you notify us at MSNA America, P.O. Boa 15021, Wilmington, DE 19850-5021, (Telephone 1-800-789-67011), orally or in writing, of the loss, theft or possible unauthorized use. in any case. your liability for unauthorized use of your card will not exceed $50_ Governina Law This Agreement is made in Delaware. It is governed by the laws of the State of Delaware. without regard to its conflict of laws principles, and by any applicable federal laws. You agree that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. if any part of this Agreement is found to be invalid, the rest remains effective. our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. All persons who initially or subsequently request, accept or use the account are individually and together responsible for any outstanding balance. if two or more persons are responsible to pay any outstanding balance, we may refuse to release any of them from liability until all of the unexpired cards outstanding under the account have been returned to us and the balance is paid in full. You must return all credit cards to us on request. Platinum Pius Coverage CrMt Insurance Benefits, Umitations, Cysts & EXCIUSions Platinum Plus Coverage pays your minimum monthly payment,' up to your balance on the date of loss (not to exceed $15,0001, until you return to work" if you are involuntarily unemployed, totally disabled, or if you or your spouse takes covered family leave. P(atinurn Plus Coverage also pays your insured outstanding balance up to the least of your outstanding balance, your credit limit or $15,000 if you die_ 9Hgjb ft: One insured per account (insured must be the primary cardholder or a co-applicant, authorized users are not eligible), under age 66 (70 in AZ. NV & VA, 71 in FL, GA, MI, MO & OK). Your coverage ends at these same ages (except family leave in FL & SD & unemployment unless in TX). When enrolled, certificates will be mailed explaining your coverage & effective date. In MN, coverage is effective 61 days from your certilicme effectiw- nu-rc- Fc ± iiner-T.I N.-nen,, or farnily leev(- sG hrWwk snot self-employed or an independent contractor) for 90 consecutive days before the date of loss ICO - before 6 application date). WA - on the date of loss). (TX - before coverage effective date for unemployment). Employees of professional corporations may be eligible. Cod es & Benefits. Platinum Plus Coverage covers: your death, involuntary unemployment due to job loss, genera) strike, unionized tabor dispute or lockout; total disability due to sickness or injury if you are unable to perform the material & substantial duties of your job for, any job after the first 18 mos. in CA, HI, N), TN D W1; 12 mos. in PA); your or your spouse's unpaid leave of absence from employment due to care of your newborn or newly adopted child or an incapacitated immediate family member (must be spouse, child, stepchild, or parent in AK), mandatory recall to active military duty, jury duty (except in AK), or residence in a federally declared disaster area. Loss (not death) mutt continue at least 30 days before benefits begin. In NY, for strikes, unionized labor disputes & lockouts, you must be unemployed for 7 consecutive weeks & qualify for state unemployment benefits before benefits begin. A daily benefit is paid for each day of loss over 34 days for unemployment in NY & PA, and disability In CA, CT, NY,MI, PA & SC. You may cancel this coverage at any time. if canceled within the first 30 days of coverage. all premiums will be refunded. LIC.16sii0 Life: suicide in the first 6 months of coverage (not MD & MO). Involuntary Unemployment: retirement, resignation, voluntary forfeiture of income or job loss due to willful or criminal misconduct. disability, strikes in IL. military discharge in NY, normal seasonal unemployment in TX. Disability: normal pregnancy or childbirth (not CA, MA & NV), intentionally self-inflicted Injuries (not MD) or a pre-existing medical condition during the first 6 months of coverage (not N1). Family leave benefits are not paid if you are eligible for or are receiving unemployment benefits or it disabled. This is only a brief description of coverage, and coverages vary by state. Please refer to your certificates for a full explanation of coverage. Costa vet 9100 w Moth aiv fgge Da& >ElaLa= Costs apply to Life (L), Oisability (D), Unemployment (U) & Family Leave (F); AK 76c; AZ 99t: AR 97.5t; CA 85.41. CO 52.7c; CT 42.89C; DE 96.97c; DC 95.3c; FL 89c; GA 8&; H189.91c; ID 95.2c (L 8.6c, D 12.6c, U 54c, F 20c); IL 80c; IN 96c; IA 95.6c (L 7.2c. D 14.40, U 54C, F 20c); KS 85.47C; KY 97AC; LA 89.7c; MD 70.540; MA 18.40; MI 85.7c; MN 30.650; MS 85.2c; MO 61, Ic: MT 93.9c; NE 95.8c: NV 953x; NH 95c. N1 97c; NM 58.9c; NY 48.7c (L 5c. D 26.8c. U 16.9c), NC 74.3c: NO 94. it; OH 99C; OK 92.4c; OR 84.7c; PA38.tc; Rf 95.430: SC 8th; SO 96.890; TN 925c; TX 33.7c (L 5.7c. D 120, U 160; UT 93,22C: VT 28.9c (L 6.490. D 6.41C, r 16.00; VA 84c IL 6.1c, D 8.9c, U 49c, F 20c); WA 84c; WV 95.2c ; W1 94c i L 5c, D I Oc. U 59c, F 20c ;; IVY 95,5c. uliL-n p,oyrr ent 15 riot av2tilabtt in MA or Vi. 7 Family Leave is not available in CT. MA, MD. MN, NM. NY. PA, or TX. UnderwFjUng Comnanies/P lieu: involuntary Unemployment: American Security/1-01 (5185), LOI NY (3/93), AS LOI TX (6/92) and LOIC-]P: Standard Guaranty/SG 1-0115185) i NH only). Life & Disability: Union Security Life/L-I-Z; Standard Guaranty Life (TX only)/L-I-Z (8/92)(3.53RA). Family Leave: American Security/FLP (4/971, FLP-FL (12/97) in FL, FLP-NC (3/98) in NC. FLP-OK (4/97) in OK. FLP-VA (2/98) in VA, FL-11? (4/97) 1n IL & IN, FL-IP-KS (12/97) 1n KS, FL-IP-WY (4/97) in WY; Standard Guaranty/FLP (4/97) in NH; Union Security Life/FLP- VT (4/97) in VT. Soliciting agents for Mississippi and Florida, are Charles M. Gordon and Pamela Curtis respectively. Solely for purposes of determining eligibility and premium payment obligations for credit insurance, you will be deemed In default or delinquent if you fail to make a payment within 90 days of your payment due date. This product is not an insured deposit account, is not FDIC insured, is not guaranteed by MBNA America Bank. N. A. and is not a condition of obtaining credit. "less past due and over credit limit amounts- in MI, coverage pays 5% of the balance on your date of disability up to $750. In NY, coverage pays the minimum payment due on your date of loss. • *The number of monthly benefit payments will not exceed 9 for family leave; 12 for unemployment in AK, CT, IL, Mi. MN, MO, NM, NC, NY, PA, SC & TX; 12 for disability except In CA, H1, IN. KS. Mi, NJ NY, PA, TN, TX &r WI. NY, N), TX Residents Only. To purchase coverages separately, write to American Security Group, P.O. Box 50355, Atlanta, GA 30302. Applications will be sent to you. MBNA America Bank, N.A. is the exclusive issuer and administrator of this and other Platinum Plus credit card accounts. MBNA, America` is a federally registered service mark . f- Amer:rp,;?n NEXT'90 (kevisca ? MbNA America Funk, N.,., DISC - 0058 5/25/99 - MBNAULOI (MBN.A - UD/Uncapped LOVFL) 8 Pennsylvania State Nurses Association Prepared for. VINCENT B KENSINGER Account Number. 5490 9901 9628 0166 Summarv of Transactions Previous Balance $13,465.99 Payments and Credits - $309.00 Purchases and Adjustments + $39.00 Periodic Rate Finance Charges + $266.95 Transaction Fee Finance Charqes + $0.00 New Balance Total December 2009 Statement Credit Line: $23,000.00 Cash or Credit Available: Billina Cvcle and Pavment Information Days in Billing Cycle 29 Closing Date 12/02/09 Payment Due Date 12/29/09 Current Payment Due $302.00 Past Due Amount + $224.00 Total Minimum Payment Due ° ° BankofAmerica Forlnformation on YourAccount Visit.' www.bankofamerica.com Call toll-free 1-800-789-6685 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 $13,462.94 F7 1 Transactions Promotional Posting Transaction Reference Account Payments and Credits Offer ID Date Date Number Number Amount PAY BY PHONE PAYMENT 11/19 309.00 CR Purchases and Adjustments LATE FEE FOR PAYMENT DUE 11/30 11/30 11/30 3156 39.00 n7toditapt )Information About Your Account YOU ARE A VALUED CUSTOMER. WE WANT TO MAKE SURE YOU ARE AWARE THAT WE HAVE NOT RECEIVED YOUR PAYMENT. PLEASE SEND THE AMOUNT DUE TODAY. IF IT HAS BEEN MAILED, THANK YOU. Promotional Category Transaction Types Dally Periodic Rate CorrespondingAnnua/ Percentage Rate APR Type Balance Subject to Finance Charge Balance Transfers 0.068438% 24.98% S $12,037.40 Cash Advances 0.068438% 24.98% S $1,028.18 Purchases 0.068438% 24.98% S $384.43 Annual Percentage Rate for this Billing Period: 24.980/ (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds the Corresponding APR above.) APR Type Definitions: APR Type: S= Standard APR (APR normally in effect) 04 0134629400052600000309000005490990196280166 Check here for a change of mailing address or phone number(s). BANK OF AMERICA Please provide all corrections on the reverse side. P.O. BOX 15019 Payment Information WILMINGTON, DE 19886-5019 ACCOUNT NUMBER.' 5490 9901 9628 0166 NEWBALANCE TOTAL: $13,462.94 PAYMENTDUEDATE.' 12/29/09 Er#er Payment Amount EmAmed.- VINCENT B KENSINGER 1105 PEGGY DR APT 3 „ y r: HUMMELSTOWN PA 17036-9019 Mail this payment coupon along with a check or money orderpayable to: BANK OFAMERICA 1:5 240 2 2 2 501: 1 59 30 196 280 LEE 110 IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE 21 1 Rev. 04/08 CUSTOMER STATEMENT OF DISPUTED ITEM- Please call toll free 1.866.266.0212 Monday-Thursday Sam-9pin (Eastern Time), Friday Sani-7pm (Eastert Time) and Saturday 8arn-6pm (Eastern Time). For prompt service please have the merchant relerence number(s) available for the charge(s) in oplestiort. PLEASE DO NM .11Sf-R A RI ON THIS FO 04 AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute reason. Your Name. _ Account Number: _ Transaction Dare: Posting; Date: _ Reference Number: Amount S: Disputed Amount S: _ Merchant Name: 1. The amount of the charge was increased from S to S- or my sales slip was added incorrectly. Enclosed is a copy of the sties slip that shows the correct amount. 2.1 certify that the charge listed abo, e was not made by me or a person authorized by me to use my card, nor were the goods or ser, ices represented by the transaction received by me or a person authorized by me. 0 ;. ! have not received the merchandise that was to be shipped to me on 1 (MM6D/YY). 1 have asked the merchant to credit my account. 4.1 was issued a credit slip 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 i. Merchandise that was shipped to me has arrived damaged and/or defective. I returned it on _ / (MA'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. 6. Although I did engage in the above transaction, I hay- contacted the merchant, returned the merchandise on I(MMOD/YY) and requested a credit. I either did not receive this credit or it was unsan-fs actory. Attach a letter explaining why you are disputin this charge with a copy of the proof of return. If you are unahle to return the merchandise, please explain. 0 7. I certify that the charge in question was a single transaction, but was posted twice to my statement. I did not authorize the second transaction. Sale #1 S _ Reference # Sale #2 $ _ Reference # - GRACE PERIOD "Grace Period" means the period of time during a billin},, 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 full this statement's Previous Balance in this statement's billing cycle, then 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% Promotional Rate Offer: 1) 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 turn-off event" as defined in your Credit Card Agreement) to maintain the 0% Promotional Rate. 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: 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 cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's biding cycle. 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 multiplied by the previous days 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 multiplied by the previous day's daily balance, and add only the ap licable 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. 77 8.1 notified the merchant on _/ ! (rMM/DD/YY) to cancel the pre-authorized order (reservation). Please note cancellation # and if available, enclose a copy of your contract and a copy of your telephone bill showing date and time of cancellation. Reason for cancellation / cancellation #: 9. Although I did engage in the alwve transaction, l have contacted the merchant for credit. The services to IV provided on I / (MM/DDA Y) were not received or were unsatisfactory.. Attach a letter describing the services expected, your attempts to resolve with the merchant and a copy of your contract. 10.1 certify that I do not recognize the transaction. Merchants often provide telephone numbers next to their name on your billing statement. Please attempt to contaia 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 =hts are only preserved by written inquiry. To preserve your billing rights, please return a copy ofis form and any supporting information regarding the merchani 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 billing cycle, we take the heguming balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Purchases, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero 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 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 insurance purchased through us in calculating the beginnin} balance for the first day of the billing cycle after the billnng cycle in which such costs are billed. TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION 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 Charge for the billing cycle, we add the Periodic Rare 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. Payment Due Dates and Keeping Your Account in Good Slanting 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 Information about Payments by Phone When using the optional Pay-by-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 us before the scheduled payment date. Same-day payments cannot be edited or canceled. MISCELLANEOUS For the complete terms and conditions of your accotult, 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. 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 corner 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 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 hinds 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, till 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. 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 k Work Phonc Zip Banko#America? VINCENT B KENSINGER Account Number: 5490 9901 9628 0166 June 4 - July 6, 2010 Pennsylvania State Nurses Association Account Information: www.bankofamerica.com Mail billing inquiries to: BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 Mail payments to: BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19886-5019 Customer Service: 1.800.789.6701 (1.800.346.3178 TTY) Transaction Posting Date Date New Balance Total ...................................................................$15,544.42 Current Payment Due .....................................................................$536.00 Past Due Amount .......................................................................$2.878.00 Total Minimum Payment Due .......................................................$3,414.00 Payment Due Date ..........................................................................8/2/10 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Description Previous Balance ......................$15,159.18 Payments and Other Credits ....................0.00 Purchases and Adjustments ....................0.00 Fees Charged .................................................39.00 Interest Charged ..........................................346.24 New Balance Total ......................$15,544.42 Credit Line ..................................$23,000.00 Statement Closing Date ......................7/6/10 Days in Billing Cycle ..................................33 Reference Account Number Number Fees 07/03 07/03 LATE FEE FOR PAYMENT DUE 07/02 TOTAL FEES FOR THIS PERIOD Interest Charged 07/06 07/06 Interest Charged on Balance Transfers 07/06 07/06 Interest Charged on Cash Advances continued on next page... 5159 04 0155444200341400000309000005490990196280166 BANK OF AMERICA P.O. BOX 15019 WILMINGTON. DE 19886-5019 VINCENT B KENSINGER PO BOX 10 HUMMELSTOWN PA 17036-0010 Account Number: 5490 9901 9628 0166 Amount Total 39.00 $39.00 302.66 26.88 New Balance Total ........................................................$15,544.42 Minimum Payment Due ......................................................3,414.00 Payment Due Date ...................................................08/02/10 Enter payment amount $ Check here for a change of mailing address or phone numbers. Please provide all corrections on the reverse side. Mail this coupon along with your check payable to: BANK OF AMERICA I:5 240 2 2 2 50II: 15930L96280L6611¦ If you would like information about credit counseling services, call 1-866-300-5238. IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE411 ev. CUSTOMER STATEMENT OF DISPUTED ITEM -Please ?at It toll-f l reeL866(266.t0212ttMonday-Thursday 8 a.m.-9 p.m., Friday 8 a.m.-7 p.m. and Saturday 8 a.m.-6 p.m. Eastern. available r0ta tit reference PLEASE DO NOT AITER W'OR DING ON THIS FOP,M AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute reason. Your Name: _ Account Number: _ Transaction Date: Posting Date: Reference Number: - Amount $: Disported Amount S: Merchant Name: . 1. The amount of the charge was increased from $ to $-_ or my sales slip was added incorrectly. Enclosed is a copy of the sales slip that shows the correct amount. 0 P. I certi(}! that the charge listed above was not made by me or a person authorized by me to use my card, nor were thegoods or services represented bythe transaction received by me or it person authorized by me. 03.1have not received the. merchandise that was to be. shipped tomeon (MM/DD/YY) I have asked the merchant to credit my account. 4. I was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed. The merchant has up to 30 days to credityour account. 5. Merchandise that was shipped to me has arrived damaged and/or defective. I returned it on i / (MM.,T)D/YY)andasked themerchant -tocredit myaccount. Attacha 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 / (MM/DD/YY) and requested a credit. I either did not receive this credit or it was u nsatisfactory. Attach a letter explaining whyyou are disputingthis charge with a copy of the proof of return. If you are unable to return the merchandise, please explain. 0 i. I certify that the charge. in question was a. single. transaction, but was posted twice to my statement. I did not authorize the second transaction. Sale #I $ Reference-' Sale #2 $ Reference# 0 S. I notified the merchant on - . j / (MNI/DD/YY) to cancel the pre-authorized order (reservation). Please note cancellation # and if availabl , enclose a copy of your contract and a copy of your telephone bill showing date and time of cancellation. Reason for cancellation/ cancellation';: 9. Although I dal c n gage in the above: transaction, I have contacted the merchant for credit. The services to be, provided on , / / (MM, DD /YY) were not received orwere unsatisfactory. Attach a letter describing the services expected, you r attempts to resolve with the merchant and a copy of your contract. D 10.1 certify that I do not recognize the, transaction. Merchants often provide telephone numbers next to their name on-yourbilling statement. Please attempt to contact the merchant for information. 0 11. If your dispute is for ad ifferent reason, please contact us at the above telephone number. Signature (required): Date: _ Best contact.tele.phone q: Home 4t: Billing rights are only preserved by written inquiry. 'lo preserve ,your billing rights, please return a copyoft.his form and any supporting information regarding the merchant charge in question to: Attn: Billing Inquiries, P.O. Box 15026, Wilmington, DE 19850.5026, USA. PLEASE KEEP THE OR IGINAL FOR YOUR RECORDS A ND SEND A COPY OF THIS STATEMENT. GRACE PERIOD/PAYING INTEREST "Grace Period" means the period of time during a billing cycle when you will not accrue interest on certain transactions or balances. There is no Grace Period for Balance Transfers or Cash Advances. If you pay in frill this statement's New Balance Total by its Payment Due Date and if you paid in full this statement's Previous Balance in this statement's billing cycle, then 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. If you do not pay in full this statement's New Balance Total by its Payment Due Date but you paid in full this statement's Previous Balance by its Payment Due Date, then you will have a Grace Period during the billing cycle that began the day after this statement's Closing Date on the amount of the purchase balance you pay by the Payment Due Date following our payment allocation method. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate 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 cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. 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, Nate multiplied by the previous day's daily balance, add new Balance Transfers, new Cash Advances 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 of the transaction date of the first Pre-Cycle balance), add an amount equal to the applicable Daily Periodic Rate 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 an Interest Rate 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; PAYMENTS We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance slip on the front ofyour monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion ofyour statement accompanying it. Payments received b-y mail after .5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central time. 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. Ifyou have authorized its 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 payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. and (3) dividing the sum of the daily balances by the number of days in the billing cycle. 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 multiplied by the previous day's daily balance, add new Purchases, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. Harty daily balance is less than zero 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 clay 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 in full date, and we do not add new Purchases, new Account Fees, or new Transaction Fees which post after that payment in frill date. We include the fees for credit card debt cancellation 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 fees are billed. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis. To determine the, Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess ofyour Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay-by-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 us before the scheduled payment date. Same-clay payments cannot be edited or canceled. MISCELLANEOUS 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 I Andress 2 City State Zip _ Area Code & Home Phone Area Code & Work Phone Qankof America Pennsylvania State Nurses Association 5490 9901 9628 0166 June 4 - July 6, 2010 Page 3 of 4 Transactions continued Transaction Posting Reference Account Date Date Description Number Number Amount Tote, Interest Charged 07/06 07/06 Interest Charged on Purchases 16.70 TOTAL INTEREST FOR THIS PERIOD $346.24 2010 Totals Year-to-Date Total fees charged in 2010 $273.00 Total interest charged in 2010 $2,117.48 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Promotional Promotional Balance Interest Percentage Transaction Offer ID Subject to Charges by Rate Type Interest Transaction Rate Type Balance Transfers 24.98% $13,401.15 $302.66 Cash Advances 24.98% $ 1,190.31 $ 26.88 Purchases 24.98% $ 739.62 $ 16.70 Our file No.: 320506 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CACH, LLC Plaintiff, vs. VINCENT B KENSINGER Defendant. J 'CIS T 'ia pt. i3ERL a `J C E"II11 SYL'/Ar°A T, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 11-6223-CIVIL Civil Action ANSWER TO NEW MATTER Plaintiff, CACH, LLC, by and through their attorney, answers the following New Matter: 1. No responsive pleading is required. 2. Denied. Plaintiff's claim is not barred by the applicable Statute of Limitations. 3. Denied. Plaintiff's claim is not barred by the Doctrine of Accord and Satisfaction. 4. Denied. This paragraph contains a conclusion of law to which no responsive pleading is required. 5. Denied. Plaintiff's Complaint complies with Pa.R.C.P. 1024(c). 6. Denied. Plaintiff s claim is not barred by the Doctrine of Estoppel. 7. Denied. Plaintiffs claim is not barred by the Doctrine of Unclean Hands. 8. Denied. Plaintiff acquired all rights of consideration and financial benefits through its purchase of this account. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law FAp Engaged in Debt Collection BY: W. Felzer, Esquire DATED: October 17, 2011 VERIFICATION Jordan W. Felzer, 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 Answer to New Matter 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. Jctdan W. Felzer, Esquire Aktornev for Plaintiff DATE: 10/17/2011 10 Our file No.: 320506 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CACH, LLC Plaintiff, vs. VINCENT B KENSINGER Defendant. Civil Action CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on 10/17/2011, I mailed a copy of the Answer to New Matter by Regular mail to MICHAEL PYKOSH, ESQUIRE 2132 MARKET ST CAMP HILL, PA 17011 Jo an W. Felzer, Esquire Affornev for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 11-6223-CIVIL Date: 10/17/2011 Our File No.: 320506 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. 4307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CACH, LLC vs. Plaintiff VINCENT B KENSINGER Defendant Civil Action PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification in place of the Attorney's Verification on the Amended Complaint filed on August 29, 2011. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Fi 97- Collection BY: Be a! aval laro, Esquire r ", rG O,IN 0 TA i h Xy?tIBERLANID COUNT' IIENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 11-6223-CIVIL Dated: October 20, 2011 r `t .A Our File No.: 320506 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CACH,LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. VINCENT B KENSINGER Defendant CERTIFICATION OF SERVICE Civil Action I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on October 20, 2011, I mailed a copy of Plaintiffs Praecipe to Substitute Verification to: MICHAEL PYKOSH, ESQUIRE 2132 Market St Camp Hill, Pa 17011 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm E aged in Debt Collection BY: Ben' min J avallaro, Esquire NO.: 11-6223-CIVIL Dated: October 20, 2011 VERIFICATION for plaintiff, hereby states that I am Authorized Anani CACH, LLC, 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 unworn falsification to authorities. BY: Date':)'? Q? Defendant's Name: VINCENT B KENSINGER Account Number: ending in 0166 Michael J. Pykosh, Esquire _ ;1{QZl? t I D # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street 0 E 5 P Camp Hill, Pennsylvania 17011 ,. Telephone - (717) 975-9446 rt3Ml A'dD?? i Fax - (717) 975-2308NSYLV?N{ mpYkoshQWly aw.com Attorney for Defendant CACH, LLC, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. VINCENT B KENSINGER, No: 11-6223-Civil Term Civil Action - Law Defendant NOTICE TO ATTEND To: Corporate Representative of CACH, LLC, with the knowledge to testify to and be cross examined relative to the documents to be admitted into evidence pursuant to PA R.C.P. 1305: (1) You are directed to come to the Old Cumberland County Courthouse, Second Floor Hearing Room, High & Hanover Streets, Carlisle, Pennsylvania, on October 30, 2012 at 1:OOPM, the time and place scheduled for arbitration of the above matter to testify on behalf of Plaintiff at the request of Defendant in the above case, and to remain until excused. (2) And bring with you the following: Documents to be used as exhibits or intended to be admitted into evidence by PA R.C.P.1305 or otherwise by Plaintiff. If you fail to attend or to produce the documents or things required by this notice to attend, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. Date: Ctr+ Z Mich el . Pykos , Esquire 1. D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant Michael J. Pykosh, Esquire I D # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 m2ykosh(Q,dpll law.com Attorney for Defendant CACH, LLC, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. VINCENT B KENSINGER, No: 11-6223-Civil Term Civil Action - Law Defendant . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice to Attend, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows as well as via facsimile to (412) 338-7130: CACH, LLC c/o David J. Apothaker, Esquire Benjamin J. Cavallaro, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 PO Box 5496 Mt. Laurel, NJ 08054 Respectfully Subyflitted, Date: OC-E ?;a rki) Z Michael J. Pykosh, Esquire I. D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant Michael J. Pykosh, Esquire ~ ~~ `-, ! ~~'~ , t ` •'' f ~ '~~ ~ ID#58851 ,r ~ ._ Dethlefs-Pykosh Law Group, LLC ~~ > 7 a ,~ e , , , A ~ 2132 Market Street , i I ~ ~ ~ s; - ~ `- ~ ~ ~ `~ ~ Camp Hill, Pennsylvania 17011 ~ ~ ~ Telephone - (717} 975-9~t46 ~ i ~~ ~ r x i.. ~r, ;>;1~ ~ ~~ ~i;~~~ ~ `~' Fax - (717) 975-2309 ~' , •, ~ `; ~_~,~,~, ~~ moykoshCc~dolglaw.com Attorney for Defendant CACH, LLC, :COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No: 11-6223-Civil Term VINCENT B KENSINGER, Civil Action -Law Defendant NOTICE TO ATTEND To: Corporate Representative of CACH, LLC, with the knowledge to testify to and be cross examined relative to the documents to be admitted into evidence pursuant to PA R.C.P. 1305: (1) You are directed to come to the Old Cumberland County Courthouse, Second Floor Hearing Room, High & Hanover Streets, Carlisle, Pennsylvania, on December 10, 2012 at 1:OOPM, the time and place scheduled for arbitration of the above matter to testify on behalf of Plaintiff at the request of Defendant in the above case, and to remain until excused. (2) And bring with you the following: Documen#s to be used as exhibits or intended to be admitted into evidence by PA R.C.P.1305 or otherwise by Plaintiff. If you fail to attend or to produce the documents or things required by this notice to attend, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. Date: ~ I -12 -- l Z Michael J. Pykos ,Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykosh@d~glaw.com Attorney for Defendant CACH, LLC, :COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No: 11-6223-Civil Term VINCENT B KENSINGER, Civil Action -Law Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice to Attend, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows as well as via facsimile to (412) 33$-7130: CACH, LLC c/o David J. Apothaker, Esquire Benjamin J. Cavallaro, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 PO Box 5496 Mt. Laurel, NJ 08054 Respectfully Submitted, , Date: t I '~ (2---1 2. Michael J. Pyko~lh,'Esquire 1. D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant Our File No.: 320506 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 CACH, LLC vs. Plaintiff VINCENT B KENSINGER Defendant MOTION TO QUASH Civil Action 1. Plaintiff filed suit against defendant seeking damages based on defendant's breach of contract. 2. Defendant served a Notice to Attend on Plaintiff s counsel on November 15, 2012. 3. The Notice to Attend is directed to "Corporate Representative of CACH, LLC" and demands the individual appear on December 10, 2012. 4. CACH LLC is a company located in the state of Colorado. Accordingly, travel arrangements would need to be made in order for the individual named to appear. The Notice to Attend does not provide sufficient time for such an individual to make the appropriate arrangements to appear at the arbitration date. 5. The individual named in the Notice to Attend should be excused from attendance .~ i ~ t 'ia', .. . ~ ~ ~_ a i~^r~~fn., ..+i ~.l j~'~jr ,... ~~ ~ ~ r ~ ~~~~ ~' ~J i ,' ~~,~. ,`t`` ai ~dQ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 11-6223-CIVIL because procuring hislher attendance will cause unreasonable annoyance, burden and expense. b. Pursuant to Pa.R.C.P. No. 234.4(b) this Court may excuse their appearance if the issuance of an Order requiring their attendance would cause a party or witness "unreasonable annoyance, embarrassment, oppression, burden or expense." 7. In the case at bar, procuring the attendance of the named individuals is not proper or necessary. 8. A Judge has not ruled upon any other issue in the within motion. The concurrence of any opposing counsel of record was sought and denied. WHEREFORE, Plaintiff, CACH, LLC, respectfully requests this Honorable Court grant Plaintiff s Motion to Quash. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engage in ollection B imber F. Scian, Esquire Our File No.: 320506 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 CACH, LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. VINCENT B KENSINGER NO.: 11-6223-CIVIL Defendant Civil Action BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO QUASH Le ag 1 Argument Plaintiff filed this action against defendant for a breach of contract. Defendant served a Notice to Attend on a "Corporate Representative of CACH, LLC" .The attendance of such an individual is not necessary to prove or refute the claims against defendant. The Notice to Attend was sent with little notice to the Plaintiff, and was served to unreasonably annoy, embarrass, oppress, burden or expense the individuals named therein. The Pennsylvania Rules of Civil Procedure generally permit a party to obtain discovery regarding any relevant matter not privileged, unless the scope of discovery is restricted by another provision of the rules. Pa.R.C.P. No. 4001 et seq. One such restriction empowers the Court to issue a protective order when a subpoena, notice to attend or notice to produce would cause a party or witness "unreasonable annoyance, embarrassment, oppression, burden or expense." Pa.R.C.P. No. 234.4(b). Similarly, Rule No. 40l 1(b) provides that discovery or deposition shall not be permitted which would cause these hardships. Pa.R.C.P. No. 4011(b). In the within matter, the issuance of the Notice to Attend will cause unreasonable annoyance, burden and expense to the individuals receiving the Notice. WHEREFORE, Plaintiff, CACH, LLC, respectfully requests this Honorable Court grant Plaintiff s Motion to Quash. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged 'n Deb Collection B Kimber F. Scian, Esquire Our File No.: 320506 APOTHAKER & ASSOCIATES, P.C. By: Kimberly F. Scian, Esquire Attorney LD. #55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CACH,LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. VINCENT B KENSiNGER NO.: 11-6223-CIVIL Defendant CERTIFICATION OF SERVICE Civil Action I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on // / Ci 2~ , I caused to be served a copy of Plaintiff's Order, Motion to Quash and • Brief in Support by mail on: MICHAEL PYKOSH, ESQUIRE 2132 MARKET ST CAMP HILL, PA 17011 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in ebt Collection B Kimberly .Scian, Esquire Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykosh(a~d~lglaw.com Attorney for Defendant CACH, LLC, :COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAl~1~4 c~ Plaintiff c 7 -~ ~ ~ v. No: 11-6223-Civil Term ~ z ° -~ r t, t.!)r'` N ~ Q ~ VINCENT B KENSINGER, Civil Action -Law ~=~= y Defendant so ~,.~ rv ~-~~ .~~- _..~ -ate rya ~ .~ ~ , ANSWER TO PLAINTIFF'S MOTION TO QUASH AND NOW, comes the Defendant, Vincent B. Kensinger, by and through his attorney, Michael J. Pykosh, of the Dethlefs-Pykosh Law Group, who responds to Plaintiff s Motion to Quash as follows: 1. Admitted in part and Denied in part. It is Admitted that Plaintiff's Amended Complaint contains a Count for Breach of Contract. It is Denied that the Count for Breach of Contract is the only Count in Plaintiff's Amended Complaint. By the way of further answer, Plaintiff also pleaded a Count of Quantum Meruit. 2. Denied. It is Denied that Defendant served the Notice to Attend on Plaintiff's counsel on November 15, 2012. To the contrary, Defendant served a Notice to Attend upon Plaintiff's counsel on November 14, 2012, a copy of said Notice is attached hereto as "Exhibit "A" and made a part of, along with the cover letter. By the way of further answer, Defendant timely served said Notice to Attend, after receiving the Order dated November 6, 2012, scheduling the date for Arbitration. Plaintiffs counsel had previous knowledge of Defendant's request for Plaintiff to attend the Arbitration in this matter. This matter was previously scheduled for Arbitration on October 30, 2012, a copy of the Order is attached hereto as "Exhibit "B" and made a part of. Defendant filed a Notice to Attend and served it upon Plaintiff's counsel on October 15, 2012, for the October 30, 2012 Arbitration, a copy of said Notice is attached hereto as "Exhibit "C" and made a part of, along with the cover letter. The October 30, 2012 Arbitration, was postponed due to the closing of the Cumberland County Courthouse as a result of the Super Storm Sandy. The Arbitration was rescheduled for December 10, 2012. 3. Admitted. 4. Denied. After reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 4 of Plaintiff's Motion to Quash. By the way of further answer, Defendant filed and fonrvarded a Notice to Attend to Plaintiff's counsel as soon as the Order dated November 6, 2012, scheduling Arbitration for December 10, 2012, was received. 5. Denied. Defendant Denies that the individual named on the Notice to Attend should be excused from attendance because procuring his /her attendance will cause unreasonable annoyance, burden and expense. By the way of further answer, Plaintiff has availed itself to the Courts in Cumberland County, Pennsylvania. Plaintiff has filed a Complaint and as such Defendant has the right to cross-examine the Plaintiff relative to documents that Plaintiff intends to introduce into evidence pursuant to Pennsylvania Rule of Civil Procedure 1305. As such, Defendant has notified Plaintiff to attend the Arbitration proceedings scheduled for December 10, 2012. 6. Denied. The averments as set forth in Paragraph 6 contain conclusions of law to which no response is required. 7. Denied. It is Denied that in the case of bar, procuring the attendance of the named individuals is not proper or necessary. By the way of further answer, Defendant has the right to cross-examine Plaintiff relative to the documents in which Plaintiff intends to introduce into evidence pursuant to Pennsylvania Rule of Civil Procedure 1305. 8. Admitted. WHEREFORE, the Defendant, Vincent B. Kensinger, respectfully request this Honorable Court to DENY Plaintiff's Motion to Quash. Dated:~2-~ ~ Z Respectf~Ily~Submitted, By: /~ _/ Mic ael J. Pykosh, Esquire I D # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendant Michael J. Pykosh, Esquire 1D # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykos~dpl Ic~aw.c~m Attorney for Defendant . (',1011, LI.C, :COURT OF COMMON PLEAS ~~ CUMBERLAND COUNTY, PENNSYLYANIt~. _ _ I'lauihtf _ v. No: l 1-6223-Civil Term ~ ; -~.. V1NCI~;NT R I:C'~NSINCEI2, Civil Action-Law ~._ ~ -~. Defendant NOTICE TO ATTEND To Corporate Representative of CACH, LLC, with the knowledge to testify to and be cross examined relative to the documents to be admitted into evidence pursuant to PA R.C.P. 1305: (1) You are directed to come to the Old Cumberland County Courthouse, Second Floor Hearing Room, High & Hanover Streets, Carlisle, Pennsylvania, on December 10, 2012 at 1:OOPM, the time and place scheduled for arbitration of the above matter to testify on behalf of Plaintiff at the request of Defendant in the above case, and to remain until excused. (2) And bring with you the following: Documents to be used as exhibits or intended to be admitted into evidence by PA R.C.P.1305 or otherwise by Plaintiff. If you fail to attend or to produce the documents or things required by this notice to attend, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. ~ ~~f Date: I I- I Z -_ l Z_ Michael J. Pykos ,Esquire 1. D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Nill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykosh nndplylaw_com Attorney for Defendant CACTI, I..LC', :COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA Nlaintiff ~. No: 11-6223-Civil Term VtNCG.N"T B KENSiNGEl2, Civil Action-Law Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice to Attend, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows as well as via facsimile to (412) 338-7130: CACH, LLC c/o David J. Apothaker, Esquire Benjamin .1. Cavallaro, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 PO Box 5496 Mt. Laurel, NJ 08054 Respectfully Submitted, Date: t I ' I Z- - 1 2_ ~ ~~`~ Michael J. Pyko ,Esquire I.D. # 58851 Deth{efs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant DETHLEFS-PYKOSH LAW GROUP, LLC Darrell C. Dethlefs* Of Counsel :Michael J. PvkoshY 2132 Market Street John R. Logan"" Bryan W. Shook Camp Hill, PA 17011 Paul D. Daggs ~~lelanic L. Erb 4'hone: (717) 975-9446 Leval Staff Heather N. Orisko full Free: (800) 287- 1202 Shcrrv L. Deckmnn'` Charles J. Ilarhvcll Pax: (717) 975-2309 Ci~stal L. Mahone~~ Kichard D. Hollingworth, Jr• is-mail: ddethlefs@aol.coro ~~.1elisst C. Porcm,u~ ~~latthew R. Seeley ~c~~~w.dplglaw.com l~~mic L. S~~'op~ "L~<<vr.avl P. I %'irle : l eriirs __ _ _ "':I dnriitec(ro she ~V,! llnr November 12, 2012 Cumbcrl~u~d County Prothonotary Cumherland County Courthouse 1 Courthouse Square Carlisle, PA 1701 RI;: CACH, LLC v Vincent B. Kensinger No.: 11-6223 -Civil Term Dear Prothonotary: Enclosed please find the original, along with three (3) copies of Defendant's Notice to Attend for the above referenced matter. Please file the original and send back the time stamped copies in the self-address e~lvelope provided herein. If you have any questions or need any additional information please feel free to contact me. Thank You. Very 7~ruly Yours, Michael J. Pyk"os ~ M.(P/elm Enclosures cc: David .I. Apothaker, Esquire E3enjamiil .f. Cavallaro, Esquire White Rose Business Center I E.. R~1arket Street. Ste. '0I York. PA 17=101 100 Lincoln Way East. 2°d Floor, Suite C A Debt Relief Agency Chambersburg. P,4 17301 Tb~~ Dtth/eJs-/'1•knsh Lu~i~ (~r~xtp, LLC- "Your Fill Service Law Firm CACH, LLC, TN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2011-6223 Civil Term VINCENT B. KENSINGER, Defendants CIVIL ACTION -LAW ORDER AND NOW, this 28`d day of September, 2012, the Board of Arbitrators appointed by the Court in the above captioned action will sit for the purposes of their appointment and hear evidence and testimony as presented by the parties on Tuesday, October 30, 2012, beginning at 1:00 p.m., at Old Cumberland County Courthouse, Second Floor Hearing Room, High & Hanover Streets, Carlisle, Pennsylvania. All parties are reminded of the Rules of Civil Procedure regarding binding arbitration with special emphasis on the evidentiary rules contained therein. cc: David J. Apothaker, Esquire Attorney for Plaintiff FOR THE COURT, By: Craig A iehl, Esquire Chairman, Board of Arbitrators Jason A. Mitchell, Esquire, Arbitrator Mark F. Bayley, Esquire, Arbitrator Michael J. Pykosh, Esquire Attorney for Defendant Michael J. Pykosh. Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Nil1, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 nipyhosh a d Iglaw,c~,n Attorney for Defendant CACI~, I.LC, CO1112T OF COM1V10N YLCAS ~;_r; CUN~l13I;IZLAND COUNTY, PI?NNSYLVANI~_i '_' :N~ ._ ~ n' ._- T ~r1 v. Nu: 11-6223-Civil "1'crm '.~c~ -~ y~, _ . • :: c-~ ~'INCF.N"1, 13 KENSINCER, Civil Action -Law >~;. -' c::, 1)CtCn(1111t NOTICE TO ATTEND To: Corporate Representative of CACH, L_LC, with the knowledge to testify to and be cross examined relative to the documents to be admitted into evidence pursuant to PA R.C.P. 1305: (1) You are directed to come to the Old Cumberland County Courthouse, Second Floor Hearing Room, High & Hanover Streets, Carlisle, Pennsylvania, on October 30, 2012 at 1:OOPM, the time and place scheduled for arbitration of the above matter to testify on behalf of Plaintiff at the regt.lest of Defendant in the above case, and to remain until excused. (2) And bring with you the following: Documents to be used as exhibits or intended to be admitted into evidence by PA R.C.P.1305 or otherwise by Plaintiff. If you fail to attend or to produce the documents or things required by this notice to attend, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. Date: C"~ ~ ~~ ~~.~1_rJl2_ Michael . Pykos ,Esquire 1. D. # 58851 Dethlefs-Pykosh Law Group: LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant ::~_"` c~;- _, , __~ r Michael J Pykosh, Esquire ID # 58851 Dethlefs-Pykosh L.aw Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykosh@d~~l Iq aw cam _ _ Attorney for Defendant ('ACH, I,LC', :COURT OF COMMnN NLEAS CUMBERLANll COUNTY, PENNSYLVANIt~~ Nl,~intitf v. VINCI?NT I3 KI~:NSiNG~It, No: 11-6223-Civil Term Civil Action - L,aw Uefcndant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice to Attend, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows as well as via facsimile to (412) 338-7130: CACH, LLC clo David J. Apothaker, Esquire Benjamin .1. Cavalfaro, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 PO Box 5496 Mt. Laurel. NJ 08054 Date: C~_"~ `~ -, ,~~~~ Respectfully~itted, '~ Michael J. Pykosh, Esquire I D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hi1f, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant I~ETHLEFS-PYKOSH LAW GROUP, LLC Darrell C. Dethlefs' Michael J. f'~kosh' I3r~an w. Shook Melanie L. Erh Heather N. Orisko David C. Daglc Matthew J. Monaghan David w. Crosson** Charles J. IiartweN *l.i~~ru.v~~J P,~I 7 ille . October 11. 2011 Cumberland County Prothonotary Cumberland County Courthouse l Courthouse Square Carlisle, PA 1701 21 ~2 Market Street Camp Flill, PA 1701 1 Phone: (717) 97~-9-4-1b l~olV Free: (800) 287- 120? Fas: (717) 97~-2309 I:-mail ddethlels'rr`~aol.com ~~~ww.~IFlglaw.com R>~,: CACFI, LLC v Vincent B. Kensinger No.: 1 1-6223 -Civil rI'erm Dear Prothonotary: Of Counsel John R.Logan*" Paul D. Daggs Legal Staff Sherry L. Dccknuui* Crysu~l L. Ivtahonc~~ Susan E. Disbro~~ Kaitlin M. Slilcs Christopher I. I)an1Un~ *-I~bniN~~d I~~ rhr ,A'J Enclosed please find the original, along with two (2} copies, of Defendant's Answer to Plaintiff s Amended Complaint with New Matter for the above referenced matter. Please file the original, and forward the additional time stamped copies to my attention, in the self-addressed stamped envelope provide herein. If you have afry questions or need any additional information, please feel free to contact me. Thank You. Ve T - Ily Yours, L~ Michael J. Pykosh Nl.1P/elm ._ __ _ _ ?0~) N. George Street York, PA 17~t01 Lncloswes cc: I3enjal7~in J. Cavaflaro, F,squire 6703 Germantown Ave., Ste. 200 100 Lincoln Way East, Ste. A Pkliladelphia, PA 191 19 Chambersburg, PA 17201 117-123 W. Gay Street, Ste. 122 West Chester, PA 19380 7~hc~ De~f~/eJs-Py~kosh Lcnv Grnup, LLC - "}'our Full .Seivrce l_mi~ Firm " A Debt Relief Agency Michael J. Pykosh, Esquire I D # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpvkoshCa~dplglaw.com Attorney for Defendant CACH, LLC, :COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. VINCENT B KENSINGER, Defendant No: 11-6223-Civil Term CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ORDER and ANSWER, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: CACH, LLC c/o Kimberly F. Scian, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 PO Box 5496 Mt. Laurel, NJ 08054 Respectfully Submitted, Dated: t t ' 2 ~ ~i By: Michael J. Pykosh, Esquire I D # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendant Our File No.: 320506 r' APOTHAKER&ASSOCIATES, P.C. By!David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 F'c ; Spy Ij i UW"r", Mount Laurel,NJ 08054 (800) 672-0215 Attorneys for Plaintiff PRAECIPE FOR JUDGMENT ON THE ARBITRATION AWARD COURT OF COMMON PLEAS OF CACH, LLC ) CUMBERLAND COUNTY Plaintiff ) VS. ) NO.: I1-6223-CIVIL VINCENT B KENSINGER ) Civil Action Defendant ) To the Prothonotary: Kindly enter a Judgment on the Arbitration Award in the above captioned case against VINCENT B KENSINGER In the amount of$15,702.92,broken down as follows: Principal: $ 15 544.42 Costs 158.50 Less: Amount Paid: ( 0.00) Pursuant to Pa.R.C.P. 237, I certify that a copy of i praecipe has been mailed to each other party who has appeared in the action or to his/her Att me of Record. APOTHAKER A SOCIATES, P.C. Attorn f Plaintiff A Law Firm Eng e in De Collection David J. Apo ker, Esq. Attorney for Plaintiff LL �Inp� f A r1n A , IDA CACH. LLC In the Court of Common Pleas of Cumberland Plaintiff VINCENT B. KENSINGER County, Pennsylvania No._2Dll_- 6223 r.iui.l_..Term Defendant ' Civil Action—Law. Oath We do solemnly swear(or affirm)that we will supp9la..obey and defend the Constit t n of the Unit d States and the Constitution of this ominonwe lth d th we i discharge the duties o ce wi fidelity. 4 441, Signatu Signature S`g ure Craig A. Diehl, Esquire,- CPA Mark F. Bayley, Esquire Jason A. Mitchell, Esquire Name (Chairman) Name Name Law Offices of Craig A. Diehl Bayley & Mangan Law Firm Law Firm Law Firm 3464 `1'rindle Road 17 West South Street 4,15 l allowfi_�d Rd._., St�e=__301 Address Address Address Camp Hill, PA 17011 Carlisle PA 27013 CAmn Hill . PA 1701 t City, Zip City, Zip City, Zip Award We,the undersigned arbitrators, having been duly appointed and sworn (or affirmed),make the following award: (Note: If damages for delay are awarded,they shall be separately stated.) Ito 4 V 0 1" f,,.l �4rn)idtf' /elf/ r)'tWA f ctIfe i i r4 l I. it �0 i � : ktf i<v j kj'i 4v �vt ' rbitr tar,di��e ts. Inser nat if applicable.) �V Date of Hearing: 1-2 /1 Date of Award: (Chairman) Notice of Entry of Aw d I Now,the ) day of 1 � � _ ,2Q �` , at `T ' M,,the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 41&, {' y' Prothonotary Deputy, s TRUE COPY F . to Testimony whereof, i here unto:yet my hand and the seai or said Cou t Gariisle,Pa. This 'day of-=20 / Prothonotary 7 Our File No.: 320506 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 COURT OF COMMON PLEAS OF CACH, LLC ) CUMBERLAND COUNTY Plaintiff ) VS. ) NO.: 11-6223-CIVIL VINCENT B KENSINGER ) Civil Action Defendant ) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND 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 498 STONEHEDGE LN MECHANICSBURG, PA 17055. We inquired with the web site of the Defense npower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 2220 -2 3, if the Defendant(s) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of the De ens Manpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not i e military, David J. Ap aker, 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. Department of Defense Manpower Data Center Results as of:Oct-28-2013 12:06:30 SCRA 3.0 r'ta= Report Pmu :t to Servi einemlers Civil Relief Act Last Name: KENSINGER First Name: VINCENT Middle Name: B Active Duty Status As Of: Oct-28 72013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty:Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No I NA This response reflects whether the individual or his/her unit has received early notification to report for active duty 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 Uniformed Services(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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Y&ut A •�" Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense,Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)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 Servicemembers 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 only 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 was on active duty for the active duty status date,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/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date 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). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense 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 Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve 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 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. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. 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 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 the SCRA extend beyond the last dates of active duty. Those who could 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 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: 05BE8F94UOEOQAO OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: VINCENT B KENSINGER 498 STONEHEDGE LN MECHANICSBURG, PA 17055 COURT OF COMMON PLEAS OF CACH, LLC ) CUMBERLAND COUNTY Plaintiff ) vs. ) NO.: 11-6223-CIVIL VINCENT B KENSINGER ) Civil Action Defendant ) NOTICE 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. JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION XX 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, Esg. at this telephone number: 800-672-0215 113