Loading...
HomeMy WebLinkAbout11-6804 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. I 1- LP g6y 8 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. FIA Card Services, N.A. 09-3-04 ADDRESS OF APPELLANT CITY STATE ZIP CODE 655 Pa ermill Road Newark DE 1971'1 DATE OF JUDGMENT IN THE CASE OF plain" (Defendant) FIA Card Services, N.A. Sung Lee-Kw 8-11-11 I vs. ? qfi CLAIM NO. SIGNATURE OF APPELLANT J)R H ATTORN R AGENT I TA 20 CV-0000371-11 LT 20 This block will be signed ONLY when this notation is required under Pa. R.C.P.K.P. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy Davict.??'. Apothaker, Esq. If appellant was Claimant (See Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Name ofappellee(s) , appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To , appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGEMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: , 20_ Signature of Prothonotary or Deputy AOPC 312-8 utt ''L PROTHONOTA ?44AVG 3a AM 9: 2? `fU?*ER,AND COUNTY PENNSYLVANIA QM} Q L. -1 S c1 Ck ? ?(?3ds ' a?3c, PROOF OF SOIL WE OF NOT" OF APPEAL AW! MILE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN FIVE (5) D4S filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNYLVANIA COUNTY OF AFFIDAVIT. I hereby swear or affirm that I served ;SS ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20- Signature of official before whom affidavit was made Signature ofaffiant Tdb of oil My commission expired on , 20 `-? (S ;9-L?4 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Thomas A. Placey Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Kimberly F. Scian, Esq. Apothaker & Associates PC 520 Fellowship Rd Ste C 306 Mount Laurel, NJ 08054 Disposition Summary Docket No Plaintiff Defendant MJ-09304-CV-0000371-2011 Fia Card Services, N.A. Seung Lee-Kwon Fia Card Services, N.A. V. Seung Lee-Kwon Docket No: MJ-09304-CV-0000371-2011 Case Filed: 7/7/2011 Disposition Disposition Date Judgment for Defendant 08/11/2011 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 1 I JC ?J / IA' aa§ Date Magisterial District Judge Thomas A. Placey certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judgd,JCho as A. Placey Ida r 41.1 8 2of1 MDJS 315 Page 1 of 2 Printed: 08/11/2011 11:40:08AM Fia Card Services, N.A. V. Seung Lee-Kwon s Participant List Plaintiff(s) Fia Card Services, N.A. 655 Papermill Road Newark, DE 19711 Defendant(s) 4 Seung Lee-Kwon - 4067 Regiment-Blvd. _ Enola, PA 17025 Complainant's Attorney(s) Kimberly F. Scian, Esq. Apothaker & Associates PC 520 Fellowship Rd Ste C 306 Mount Laurel, NJ 08054 Docket No.: MJ-09304-CV-0000371-2011 E MDJS 315 Page 2 of 2 Printed: 08/11/2011 11:40:08AM FIA CARD SERVICES, N.A., Plaintiff v SEUNG LEE KWON Defendant „?ypUL Of 0 District Court 09-3-04 CV-0371-2011 DISCUSSION The burden in every civil case is on a plaintiff to show that a defendant breached an owed duty, which has resulted in measurable but mitigated damages. In this case, Plaintiff seeks to enforce the contractual obligation to pay the debt as incurred by Defendant on a timely basis. Plaintiff has shown statements showing a debt was transferred at some unknown point but has not shown the contract that obligates this Defendant to pay for that transferred balance. The court can not and will not infer that because there is an invoice statement in Defendant's name that there is a valid contract. Judgment is in favor of Defendant with costs on Plaintiff. All parties have been previously advised of their appeal rights and the original exhibits have been returned to the presenting parry. By the Court, 11 Aug 2011 Date Thomas A. Placey M.D.J. COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Thomas A. Placey Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Fia Card Services, N.A. 655 Papermill Road Newark, DE 19711 Fia Card Services, N.A. V. Seung Lee-Kwon Docket No: MJ-09304-CV-0000371-2011 Case Filed: 7/7/2011 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09304-CV-0000371-2011 Fia Card Services, N.A. Seung Lee-Kwon Judgment for Defendant 08/11/2011 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. n? n .. 63go- Date Magisterial District Judge Thomas A. Placey `.7 a true ana correct copy It Aj?q vey e? A ------ Date Magisterial District Judg ho as A. Placey MDJS 315 Page 1 of 2 Printed: 08/11/2011 11:40:08AM w Fia Card Services, N.A. v. Seung Lee-Kwon x- Participant List Plaintiff(s) Fia Card Services, N.A. f 655 Papermill Road Newark, DE 19711 Defendant(s) Seung Lee-Kwon 4067 Regiment Blvd. Enola, PA 17025 Complainant's Attorney(s) Kimberly F. Scian, Esq. Apothaker & Associates PC 520 Fellowship Rd Ste C 306 Mount Laurel, NJ 08054 Docket No.: MJ-09304-CV-0000371-2011 MDJS 315 Page 2 of 2 Printed: 08/11/2011 11:40:08AM nc - £..I1.E O-OFs* IGE, `,? iELF ROTHONOTM' 2011 SEP -8 PM 1`5" CUMBERLAND COUNTY PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN FIVE (5) DAYS filing the notice of appeal. Check applicable boxes) 5T`(}?e ov= weJ J?-S e -? -PENNYL--NIA COUNTY OF , ,-?c?tOxll ;ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) 20 11 ? by personal service 9by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Se u ci fee - on q-&,20 ii _, El by personal service by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above No.'ce Appeal upon the appellee(s) to whom the Rule was addressed on 20 , ? by personal service, ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS " "DAY OF ?rne-.- 20 k_ i Signature of official efore whom affidavit was made Title of official My commission expired on 0- ? , 20 1S J . Signature of affiant TERRI L. JORDAN 'VOTARY PUBLIC OF NEW JERSEY "k' CMMIIalpn Expires November 7, M( - 2, f 2126411 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 PE1,INS YLVANIA FIA CARD SERVICES, N.A. VS. SEUNG Y LEE TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-6804 CIVIL ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the plaintiff in the above-captioned matter. GORDON & WEINBERG, P.C. BY: FREDERIC I?,/WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 2012 CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Substitution of Attorney and Entry of Appearance Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDE I. WEINBERG, ESQUIRE Dated: (, (2_i( ?/ Name: Seung Kwon-Lee Address: 4067 Regiment Blvd Enola, PA 17025 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS OF 655 PAPERMILL ROAD CUMBERLAND COUNTY NEWARK, DE 19711 Plaintiff, . Docket No,: 11-6804 CIVIL VS. . SEUNG LEE c = . 4067 REGIMENT BLVD ENOLA, PA 17025 y, Defendant, : .. ,, C-, C-1 MOTION FOR DISMISAL Defendant, Seung Lee Kwon asks the court look to the attached Affidavit, including the Judgment in the above referenced case. STATEMENT OF FACTS 1. On September 15, 2011, Plaintiff by represented Apothaker & Associates, P.C. had sent the notice of filing a Complaint on Appeal and Certification of Service. The above complaint filed to the Court of Common Pleas Cumberland County; Docket No. 11-6804 Civil. 2. In the complaint, the Plaintiff is suing the Defendant for an amount $6,390.27 owed with regard to the Credit Card Account Number 74993661359841 by Bank of America. 3. On July 26, 2012, 1 had received the copy of"Entry Of Appearance" , Gordon & Weinberg, P. C. to the Prothonotary of Court Of Common Pleas Cumberland County. Gordon & Weinberg, P. C sued the defendant for amount $6,629.02 owed with regard to a same credit card account. I noticed the owed amount was different. Plaintiff included a copy of the welcome letter from MBNA with account number 74993661359841 dated September 16, 2005. Also The copy of another credit card bill statements of having the logo with Penn State Alumni association and Bank of America, with account number: 74993661359841. 4. Actually Plaintiff's Complaint was filed dated July 7, 2011 to Magisterial District Number 09-3-04 MDJ Name: Hon: Thomas A. Placey 5275 East Trindle Road, Suite 110 Mechanicsburg, PA 17050 Tel: 717-697-2201 Docket No: MJ-09304-CV-0000371-2011 Case Filed: 7/7/2011 5. Hearing date : Thursday, august 4, 2011 1, defendant, Seung Lee notified the intent to present a defense at the hearing in the above.case. After hearing, The District Court 09-3-04 , Honorable Thomas A. Placey M.D.J. had mailed the Judgment about '"FIA CARD SERVICES, N.A., PLAINTIFF V SEUNG LEE KWON DEFENDANT" 6. 1, defendant, Seung Lee attached the copy of the Judgment as an affidavit from The District Court 09-3-04 , Honorable Thomas A. Placey M.D.J. 7. The Plaintiff's counsel has failed to provide any proof of a relationship between themselves and the defendant. WHEREFORE, Defendant debt tired, also Pro Se respectfully requests this court grant the Motion to Dismiss the Complaint, together with the costs and disbursements of this action. CONCLUSION Plaintiff has failed to comply with State law and has no authority to proceed with his collection action. I will simply retype the contents of Discussion. The burden in every civil case is on a plaintiff to show that a defendant Breached an owed duty, which has resulted in measurable but mitigated damages. In this case, Plaintiff seeks to enforce the contractual obligation to pay the debt as incurred by Defendant on a timely basis. Plaintiff has shown statements showing a debt was transferred at some unknown point but has not shown the contract that obligates this defendant to pay for that transferred balance. The court cannot and will not infer that because there is an invoice statement in Defendant's name that there is a valid contract. Judgment is in favor of Defendant with costs on Plaintiff. All parties have been previously advised of their appeal rights and the original exhibits have been returned to the presenting party. REMEDY SOUGHT This Court's determination that the Plaintiff has not complied with the verification requirement, justly requires this court's dismissing of this action as Plaintiff has failed to follow due process of the law, and Defendant hereby requests said Dismissal. Defendant also respectfully asks this court to award fees incurred in defense of this action, and any other relief this Court deems just. Prepared and submitted by: Dated: FIA CARD SERVICES, N.A., Plaintiff v District Court 09-3-04 SEUNG LEE KWON Defendant CV-0371-2011 DISCUSSION The burden in every civil case is on a plaintiff to show that a defendant breached an owed duty, which has resulted in measurable but mitigated damages. In this case, Plaintiff seeks to enforce the contractual obligation to pay the debt as incurred by Defendant on a timely basis. Plaintiff has shown statements showing a debt was transferred at some unknown point but has not shown the contract that obligates this Defendant to pay for that transferred balance. The court can not and will not infer that because there is an invoice statement in Defendant's name that there is a valid contract. Judgment is in favor of Defendant with costs on Plaintiff. All parties have been previously advised of their appeal rights and the original exhibits have been returned to the presenting party. By the Court, 11 Aug 2011 Date Thomas A. Plascey M.D.J. COMMONWEALTH OF PENNSYLVANIA Notice of Intent to Defend COUNTY OF CUMBERLAND Mag. Dist.No, MDJ-09-3-04 Fia Card Services, N.A. MDJ Name: Honorable Thomas A. Placey V. Address: 5275 East Trindle Road Seung Lee Suite 110 Mechanicsburg,PA 17050 Telephone: 717-697-2201 Seung Lee Docket No: MJ-09304-CV-0000371-2011 4067 Regiment Blvd. Case Filed 7812011 Enola, PA 17025 A Civil Action Hearing has been scheduled to be held on/at: Date:Thursday,August 4,2011 Place: Magisterial District Court 09-3-04 5275 East Trindle Road Time: 2:15 PM Suite 110 Mechanicsburg, PA 17050 717-697-2201 PLAINTIFF: You are hereby notified that the defendant named below has given notice of his/her intent to present a defense at the hearing in the above case. DEFENDANT(S) Seung Lee July 12,2011 "y Date Magisterial District Judge Thomas A.Placey MDJS 623 2 Printed:07112/2011 10:11:46AM APOTHAKER & AsSOCIATES, P.C. ATTORNEYS AT LAW September 15, 2011 PROTHONOTARY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 RE: FIA CARD SERVICES, N.A. VS. SEUNG LEE DOCKET NO.: 11-6804 CIVIL OUR FILE NO: 318223 DEAR CLERK: Enclosed herein please find a Complaint on Appeal and Certification of Service. Kindly file same and return a.copy to this office in the enclosed self-addressed stamped envelope provided for your convenience. Very truly yours, APOTHAKER&ASSOCIATES, P.C. /TJ cc: SEUNG LEE 520 Fellowship Road, C306, Mount Laurel,NJ 08054 856 780.1 000 856 780.1020f 215 634.8920 215 634.8421 f 800 672.0215 800 757.4928f info t(�i.anothaker.com Bankof Amrica Penn State 44op- Alumni Association SEUNG Y LEE Account Number:749 936613598 41 March 23-April 21,2010 Account Information: www.bankofamerica.com Payment Information Mail billing inquiries to: New Balance Total.................. ................. .............._$5,799.50 Previous Balance........................$6,015.13 Other Payments and BANK OF AMERICA Current Payment Due.......__......................................................4243,00 Other Credits................250.00 P P.O.BOX 15028 Other Charges -.0.00 ot: WILMINGTON,DE Total Minimum Payment Due..........................................................$243.00 Fees Charged......................, ....0.00 19860-5028 Payment Due Date........................................................................5/18/10 Interest Charged...........,............. .34.3 Mail payments to. BANK OF AMERICA Late Payment Warning-.If we do not receive your minimum payment by the New Balance Total........................$5,799.54 P.O.BOX 15019 date listed above,you may have to pay a late fee of up to$49.00. WILMINGTON,DE Minimum Payment Warning:If you make only the minimum payment each Credit Line..................................$12,300.00 19886-5019 period,you will pay more in interest and it will take you longer to pay off your Statement Closing Date...................4/21/10 Customer Service: balance.For example: Days in Billing Cycle..................................30 1.800S92S349 {1.877.85 0.85,31 TTY) Only the minimum 2 years $6,258.68 payment If you would like information about credit counseling services,call 1-866-300-5238. rransoct,on Posting Reference Account Date Date Description Number Number Amount rota! Payments and Other Credits 04/16 PAYMENT-ELECTRONIC -250.00 -$250.00 interest Charged 04/21 04/21 Interest Charged on Balance Transfers 34.09 04/21 04/21 Interest Charged on Cash Advances 0.00 conUnued on next page-.. 18 0057995000024300000250000000074993661359841 BANK OF AMERICA Account Number: 749 936613598 41 P.O.BOX 15019 WILMINGTON,DE 19886-5019 New Balance Total.............................. ........ ....__—.45,799.50 Minimum Payment Due.........................................................243.00 Payment Due Date ...................................................05/18/10 SELING Y LEE Enter payment amount 4067 REGIMENT BLVD ENOLA PA 17025-1450 4 Check here for a charge of mailing address or phone numbers Please pnNde a//corrections on the reverse s4*. Mail this coupon along with your chock payable to:BANK OF AMEMCA i:S 240 2 2 2504 169 1366 135984 Lill, FIA CARD SERVICES, N.A. In the Court of Common Pleas of Cumberland Plaintiff SEUNG LEE County, Pennsylvania No. 11 _6804 Defendant Civil Action–Law. Oath We do sol my swear(or affirm)that we will support, obey and defend the Constitution f the nited States and th o titution o t 's ommonwealth and that we will discharge the duties of o c ith fidelity. gnat re ignatur S' nature arl M. Ledebohm George F. Douglas, III Jacob Jividen Name (Chairman) Name Name 11 '� ` Law Firm Law Firm Law Firm V0 PS©�s r13 35� �91�xa.►d� SpriN� �d- '�6� �i.-��65�� qe Io l Address Address Address lt'� (-4,�r'--d p� � - � 11 SIP- 17<2, Pte. ra, „ �l�Gl , �,� /7 l I City, Zip e 1>3 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.) 2n fa.rm V75 A CAW) s r:RUZLIX'S F�=�. C.� a:.g Lee- .Arbitra,W, dissents. (Insert name if applicable.) Date of Hearing: Date of Award: -10 1 (Chairman) r Notice of Entry of Award Now,the iay�of_- 1 , 201, , at '�� _.M.,the above award was entered upon.t'he ock?t anti notue°thereof given by mail to the parties or their attorneys. Arbitrat ' co pensa 'an tc.>ye aid Lupo";� appeal:; r _. By: Prothonotary Deputy lk -k..UMBERLARID COUNTY / y2ju LL � • tom- . ; (r� CAI .J) 6� ,4gk, LIE (9gr1 p�Gtin � Ph PfIfe-MA"j- Orde �- OF Ai Oc4i "e-r /ILL ,� :Y//7/1,3 r s CD 2126411 GORDON & WEINBERG, P.C. BY: FREDERIC I . WEINBERG, ESQUIRE Identification No. : 41360 CD PAUL M. SCHOFIELD, JR. , ESQUIRE G° Identification No. : 81894 7;' 1001 E. Hector Street, Ste 220 O Conshohocken, PA 19428 ;' 484/351-0500 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS . DOCKET N0. 11-6804 CIVIL SEUNG Y LEE PRAECIPE TO ENTER JUDGMENT ON ARBITRATION AWARD TO THE PROTHONOTARY: Please enter judgment on the attached arbitration award in favor of the plaintiff, FIA CARD SERVICES, N.A. , against the defendant, SEUNG Y LEE in the amount of $6, 0 . 27 . FREDERIC EINBERG, ESQUIRE JOEL M. FLI K, ESQUIRE Attorney for Plaintiff II I i I i I a� C�� CERTIFICATION OF SERVICE I, FREDERIC I . WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff' s Praecipe to Enter Judgment on Arbitration Award, via First Class Mail, postage pre- paid, to all other parties or their counsel of record. SEUNG Y LEE 4067 REGIMENT BLVD ENOLA PA 17025 `'L� FREDERIC I . WE N RG, ESQUIRE �/0 Dated: P002-14 C� I a Coif l FIA CARD SERVICES, N.A. In the Court of common Pleas of Cumberland SEUNG LEE plaintiff County, Pennsylvania No. 11 .6804 Defendant Civil Action—Law. Oath We do soI my swear(or affirm)that we will support, obey and defend the Constitution f th nited States s and th o tit lion ommonwealth and that we w11 discharge the duties of o "th.fidelity. ICZI j g a r ignatur S' store /Karl M. Ledebohm George F. Douglas, III Jacob Jividen Nari e* (Chairman) Name Name Law Firm Law Firm Law Firm (43 3Sq• Aleuk"d-.r Sert140� Rd. 3V1 Address Address Address ofs- Fl��l �J .17 ..1 City Zip �11.>3 City, zip 7 city, . . . . : .z-ip. . .__. 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 6e.separately stated.) n �'�,rr•r c ;r.�, � r-T A C Pkt) S Mn-c r,S 0�A. 4s„ct�a.:9 l�¢. wofla n Arbitra . ,dissents. (Insert name if applicable.) Date of Hearing: -fpo Date of Award.: Notice of Eritry of Award Now,the� ay of 1 20 ,at s �3 1Qf27 .M:,the above award was entered upon tf.+e.ddckP%and?,tice-eioreof given by rhah to the parties,or their attoineys. Arbitra 'co pensa 'on to he i�C1�LLpoa appeal- 1 BY TRUE�e.OPYFRQM RECORD honotary and t"'"' rer APR 1 9 013 G! `i ors ! ; n 8i..,ruly .. J rhis ,+ _.._ :Pro By o A Department of Defense Manpower Data Center Results as of:May-21-2013 05:21:34 SCERA 3.0 ),/jf Pursuant to Servicertembers civil Relief Act Last Name: LEE First Name: SEUNG Middle Name: Y Active Duty Status As Of. May-21-2013 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 Cali-Up to Active Duly an Active Duty Status Date Order Notifiration Start Date Order Notification Entl Date Status Service Component NA NA No 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, JFJJ •- ` Mary M.Snavely-Dixon,Director Department of Defense-Manpower data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 n f r The Defense Manpower Data Center(DNiDC)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 at 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.htmi, 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 1D: 72E5504F6027D40 ti 2126411 GORDON & WEINBERG, P.C. BY: FREDERIC I . WEINBERG, ESQUIRE Identification No. : 41360 JOEL M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 =_ Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. 11-6804 CIVIL SEUNG. Y LEE 4067 REGIMENT BLVD ENOLA PA 17025 NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $6, 390 .27 . IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 484-351-0500 GORDON & WEINBERG, P.C. BY: °— FREDERIC I . BERG, ESQUIRE JOEL M. FLINK, ESQUIRE f1� Attorney for Plaintiff Dated: j A