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Home My WebLink About11-8520Our File No.: 328766 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB 4315 S. 2700 WEST SALT LAKE CITY, UTAH 84148 Plaintiff, vs. RICHARD HARPER 1942 MONTEREY DR MECHANICSBURG, PA 17050 Defendant. FILED-OFFICE OF THE PROTHONOTARY 2011 NOV 14 Phi 1: 54 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: // - Ssac) ?l Ut 1, ! 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 f4a Ci(--Jd 41.11 )J.. P-ML a6yOZsr Our File No.: 328766 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB 4315 S. 2700 WEST SALT LAKE CITY, UTAH 84148 Plaintiff, vs. RICHARD HARPER 1942 MONTEREY DR MECHANICSBURG, PA 17050 Defendant. rka TH'?PRQTNQNQ ARY 2011 KBY 14 PIS 1: 52 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is American Express Bank, FSB ("Plaintiff'), a federally chartered thrift institution, with a principal place of business in Salt Lake City, Utah. 2. Defendant(s) is/are RICHARD HARPER, an adult individual residing at 1942 MONTEREY DR MECHANICSBURG, PA 17050. 3. At the special instance and request of Defendant, Plaintiff, AMERICAN EXPRESS BANK, FSB, issued to Defendant(s), Account # ending in 1003. 4. Defendant received, accepted and used the account to its benefit. 5. This account: is in default and Defendant(s) has an unpaid balance of $26,214.59. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $26,214.59 and requests this Court award costs to the extent permitted by applicable law. MAK?R & SSOCIATES, P.C. Attrney f r Plaintiff A Law Firm ngag d in Debt C?61lectioi BY: David J. Apothaker, Esquire Dated: 11/4/2011 Our File No.: 328766 VERIFICATION I, David J. Apothaker, Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unswom 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 & AS?54 IATES, P.C. Attorney fog` Pl tbt tiff A Law Firm EnRa2edl in Collection BY: David J. Apotl4ck, F/ciuire DATE: 11/7/2011 anaERlcaN American Expressm Cash Rebate Credit Card S RICHARD E HARPER Closing Date 08125/11 New Balance $26,214.59 Minimum Payment Due $2,048.54 Includes the past due amount of $1,524.54 Payment Due Date 09/19/11 Late Payment Warning: You are currently enrolled in a payment plan. If you complete or are removed from the plan for any reason, and we do not receive your Minimum Payment Due bythe Payment Due Date listed above, you may have to pay a late fee of up to $35.00 and your Purchase APR may be increased to the Penalty APR of 27.24%. Minimum Payment Warning: If you make onlythe minimum payment each period, you will pay more in interest and it will take you longerto pay off your balance. For example: If you make no additional You will pay off the balance And you will payan charges and each month you shown on this statement in estimated total of... pay... about... Onlythe Minimum Payment Due 28 years $52,754 If you would like information about credit counseling services, call 1-888-733-4139. :-3 See page 2 for important information about your account. 0 Your account is past due and overlimit. Pay at least $2,048.54, plus any additional charges incurred on your account since the date of this billing statement. If you would like to receive e-mail alerts about payments, spending or fraud protection, you can sign up at americanexpress.com/alerts. See Page 6 for Important information regarding benefits underwritten by AMEX Assurance Company and Tokio Marine. + Pleasefold on the perforation below, detach and return with your payment + _I p. 1/7 Account Ending¦1003 Get cash back virtually everywhere you use the Card. I i Account Summary Previous Balance $25,896.53 Payments/Credits $0.00 New Charges +$0.00 Fees +$25.00 i Interest Charged +$293.06 New Balance $26,214.59 Minimum Payment Due $2,048.54 1 Credit Limit $26,000.00 Available Credit $0.00 Cash Advance Limit $0.00 Available Cash $0.00 Days in Billing Period: 31 ' -------------------- ----------------- Customer Care --------------------- Pay by Computer americanexpress.com/pbc Customer Care Pay by Phone 1-888-246-1076 1-800-472-9297 See page 2 for additional information. PaymentCoupon PaybyComputer 01Pay by Phone AccountEndina003 Do not staple or use paper clips americanexpress.com/pbc 1-800-472-9297 Enter account number on all documents. Make check payableto American Express. rllll??r?nl?n?r6rlll?lrln?li???'I'??" ??'?Il?l???rlnl?l'IIII RICHARD E HARPER 1942 MONTEREY DR MECHANICSBURG PA 17050-8514 Payment Due Date 09/19/11 New Balance $26,214.59 Minimum Payment Due $2,048.54 ??I?'Irrllrrllllrr??l?lrrlrlrllrrllll?'I'I?rrr116?Irrrrllllrllrl AMERICAN EXPRESS ? Check here ifyour address or AmountEndosed phone number mber has has changed. P.O. BOX 1270 $ • Note changes on reverseside. NEWARK NJ 07101-1270 RICHARD E HARPER Account Endinc1003 p 217 Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m. local time atthat addressto be credited as of the day it is received. Payments we receive afters p.m. will not be credited to your Account until the next day. Payments must also: (1) include the remittance coupon from your statement; (2) be made with a single check drawn on a US bank and payable in US dollars, or with a negotiable instrument payable in US dollars and clearablethrough the US banking system; and (3) include your Account number. If your payment does not meet all of the above requirements, crediting maybe delayed and you may incur late payment fees and additional interest charges. Electronic payments must be made through an electronic payment method payable in US dollars and clearable through the US banking system. Ifwe accept payment in a foreign currency,we will convert it into US dollars at a conversion rate that is acceptable to us, unless a particular rate is required bylaw. Please do not send post-dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us without our express prior written approval. We will re-present to your financial institution any payment that is returned unpaid. Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronically withdraw your payment from your depositor other asset account. We will process checks electrohically bytransmitting the amount of the check, routing number, account number and check serial number to your financial institution, unless the check is not processableelectronicallyor a less costly process is available. When we process your check electronically,your payment maybe withdrawn from your depositor other asset account as soon as the same day we receive your check, and you will not receive that cancelled check with your depositor other assetaccount statement. Ifwe cannot collect the funds electronically we may issue a draft against your depositor other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us permission to electronically withdrawfunds from the depositor other asset account you specify in the amount you request. Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day. How We CalculateYourBalance: We use the Average Daily Balance (ADB) method (including new transactions) to calculatethe balance on which we charge interest on your Account. Call the Customer Service number listed below for more information about this balance computation method and how res ulting interest charges are determined. The method we use tofigure the ADB and interest results in dailycompoundingofinterest. Paying Interest You r due date is at least 25 days after the close of each billing period. We will not charge you interest on your purchases if you paythe New Balance by the due date each month. We will charge you interest on cash advances and (unless otherwise disclosed) balance transfers beginning on the transaction date. Foreign Currency Charges: If you makea Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it. We will charge a fee of 2.7.6 of the converted US dollar amount We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required bylaw. The conversion rate we use is no morethan the highest official rate published by a government agency or the highest interbank rate we identifyfrom customary banking sources on the conversion date or the prior business day. This rate may differ from rates in effect on the date of your charge. Charges converted by establishments (such as airlines) will be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six-month period following the date of the first statement indicating the credit balance you do not request a refund or charge enough to use up the credit balance, we will send you a check for the credit balance within 30 days if the amount is $1.00 or more. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account maybe reflected in your credit report. New York residents may contact the New York Banking Departmentto obtain a comparative listing of credit card rates, fees and grace periods by calling 1-800-518-8866. IBM Customer Care& Billing Inquiries I nterrtational Col led Large Print& Braille Statements Express Cash 1-888-246-1076 Hearinglmpaired 1-336-393-1111. TTY: 1-800-221-9950 1-888-246-1076 FAX: 1-800-695-909o 1-800-CASH-NOW In NY: 1-800-522-1897 Website: americanexpress.com Mobile Site: amexmobile.com Customer Care & Billing Inquiries Payments P.O. BOX 981535 P.O. BOX 1270 EL PASO, TX NEWARK NJ 79998-1535 07101-1270 Change of Address If correct on front, do not use. • To change your address online, visitwww.americanexpress.com/updatecontactinfo • For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care. • Please print dearly in blue or black ink only in the boxes provided. Street Address City, State Zip Code Area Code and Home Phone - Area Code and - - Work Phone Email Pay Your Bill with AutoPay -Avoid late fees • Savetime Deduct your payment from your bank account automatically each month Visit americanexpress.com/autopay ;today to enroll. ' I I I I For information on how we protect your privacy and to set your communication and privacy choices, please visit www.americanexpress.com/privacy. At,,t,?N American Expressm Cash Rebate Credit Card FSS RICHARD E HARPER Closing Date 08/25/11 ew.?.. ae p. 3/7 Account Endin0003 08/20/11 Late Payment Fee $25.00 Total Fees for this Period $25.00 Interest Charged Omnunt 08/25/11 Interest Charge on Purchases $29306 Total Interest Chargedfor this Period $293.06 2011 Fees and Interest Totals Year-to-Date ....... _.....__ _ ............. Amount Total Fees in 2011 $75.00 Total Interest in 2011 $2,195.11 Interest Charge Calculation Your Annua I Percentage Rate (APR) is the annual interest rate on your account. Annual Balance Subject Interest Percentage Rate to Interest Rate Charge Purchases 13.24%(v) $26,042.87 091 CIA Cash Advances 25:24%(v) $0.00 $0.00 Total 1293.06 M Variable Rate RICHARD E HARPER Account Ending¦003 P 4/7 RICHARD E HARPER p. 517 M Closing Date 08/25/11 Account Endin 003 _..------------------------------------------------------------- Cash Back Reward Summary Total Cash Back as of Aug 2011 Billing Period -$0.05 Beginning Reward Balance +$5.64 -- Reward Amount Earned* -$0.05 Reward Amount Forfeited 4564 Total Reward Balance -$0.05 *Reward Amount Earned this period is pending until the minimum due is paid and your account is in good standing. Reward Details ------------------------------------------------------ ------ --------------------------- 07/22/11 - 08/21111 Qualified Spend Cash Back Reward Purchases - T?? -- -$11.65 @0.5% -50.05 411.65 -$0.05 Total Year To Date $41444 $3.13 Forfeited Rewards --- °-- --? Z------------------------------------------- Reason Rewards Forfeited Date Forfeited Pending amount month forfeited $2.46 07/27/11 Earned amount account forfeited $1.30 -- 07/27/11 Earned amount account forfeited $1.88 07/27/11 Terms and Conditions • ? --------------------------------------------------------------- -------------- --------- --------- --------- The rebate is an annual rebate equal to the following percentages of your annual level of pu rc h ases; 0.25% for the first $2,000, 0.50%for the next $3,000, and 1.50%for purchases in excess of $5,000. Ifyour account is carrying a balance, you will receive an additiona10.50% rebate for the billing period. The rebate applies to purchases but not to cash advances; returned purchases, b a la n ce t ra nsfe rs, the purchase of American Express Travelers Cheques or America n Express Gift Cheq ues. The rebate is issued ann ually in your Card mem ber billing statement as a cou pon redeemable at Costco. See you r Card mem ber Agreementfor eligibility req u irements and complete terms and conditions. RICHARD E HARPER Account Endina003 p. 6/7 American Express® Cash Rebate Credit Card Notice of Change to Your Policy We are making Important Changes to your insurance policies ("Policies") underwritten by AMEX Assurance Company. This change becomes effective on the date indicated below, whether or not you receive a billing statement. This Notice formally amends your Policies, and any contrary or conflicting language in those Policies is replaced fully and completely. All terms of the Policies not amended herein remain in full force and effect. This is an important Notice of changes to your.Policies. You should carefully review these changes, share them with any Additional Cardmembers on your Account, and then keep this Notice for future reference. If you have questions regarding this Notice, please call the telephone number listed on the back of your American Express Card. AMEX Assurance Company Address Change Effective immediately, the address for the administrative offices of AMEX Assurance Company is: AMEX Assurance Company AMEX Assurance Company 20022 N. 31stAvenue P.O. Box 53701 Phoenix, AZ 85027 Phoenix, AZ 85072-9872 (800) 437-9209 Applicable for American Express Baggage Insurance Plan, Employee Card Misuse Protection, Extended Warranty, Event Ticket Protection Plan, Purchase Protection, and Travel Accident Insurance. Effective immediately, the address for the claims administrative offices of AMEX Assurance Company is: P.O. Box 981553 El Paso, TX 79998-9920 Applicable for Residents of the State of New Hampshire for Travel Accident Insurance: This is an accident only policy and it does not pay benefits for loss from sickness. Review your description of coverage carefully. The following is hereby added to and made part of the Description of Coverage: Description of Coverage is amended to reflect that Amex Assurance Company's Administrative Office is changed as noted above. Index of Important Provisions: Definitions - Page 1 Beneficiary - Page 3 Benefit Amounts - Page 2 Claims Provisions - Page 3 Description of Benefits - Page 2 Termination or Cancellation - Page 4 Exclusions - Page 3 The definition of Covered Person is hereby removed from the DEFINITIONS section in its entirety and replaced with the following: "Covered Person means the Basic Cardmember, each Additional Cardmember, and each of these Cardmember's spouses (spouse includes person to whom the Insured Person is married or with whom the Insured Person has entered into a civil union under New Hampshire law) or Domestic Partners and dependent children, by blood or by law, under 26 years of age (dependent children include: your dependent children under 26 years of age, your dependent children 26 years or older who because of a handicap condition that occurred before the attainment of the limiting age, are incapable of self-sustaining employment and dependent upon You for lifetime care and supervision. Coverage will be extended for as long as such child is incapacitated, and dependent.). All Covered Persons must have a Permanent Residence within the 50 United States of America, the District of Columbia, Puerto Rico, or the U.S. Virgin Islands. All other persons are not Covered Persons under the Policy." The definition of Domestic Partner, under section 2, items a and a are hereby removed in their entirety. In the section relating to Exclusions, Exclusion #3 is deleted in it's entirety and replaced with the following: "3. Illness, treatment or medical condition arising out of participation in a felony by or on behalf of the Covered Person and/or his/her beneficiaries." The definition of Entire Fare is hereby removed from the DEFINITIONS section in its entirety and replaced with the following: "Fare means the cost of the full fare for a Covered Trip on a Common Carrier Conveyance that is charged to the Basic or Additional Cardmember's American Express Card and payable in full in U.S. dollars or combined with American Express Membership Rewards", Points or with Frequent Flyer Miles." All references to "Entire Fare" throughout the document are hereby changed to "Fare". A new section is added after the section relating to Notice of Claims: "Claim Forms When We receive notice of claim, We will furnish the claimant with forms for filing proof of loss. If the claimant does not get the forms within 15 days, proof of loss can be filed without them. The claimant must send Us a letter which describes the Occurrence, the character and the extent of the loss for which the claim is made." In the Proof of Loss section, the following paragraph is added: "We must receive written proof of loss within 90 days after the date of the loss or as soon as is reasonably possible. Failure to furnish such proof within such time shall not invalidate nor reduce any claim if it shall be shown not to have been reasonably possible to furnish such proof and that such proof was furnished as soon as was reasonably possible. We will pay benefits immediately, within 60 days, upon receipt of Proof of Loss." In the Payment of Claims section, the last sentence is deleted and replaced with the following: "If a benefit not exceeding $1,000 is payable to an estate or a minor, We may pay such benefit to any relative by blood or with a connection by marriage to the Covered Person who is deemed by Us to be entitled. Any payment We make in good faith shall fully discharge Us to the extent of such payment." SWT81 BP/AACWTAI/0811 American Express° Cash Rebate Credit Card SS -. a p. 7/7 RICHARD E HARPER Closing Date 08/25/11 Account Endin0003 A new section is added after the section relating to Fraud "Incontestability No statement made by a Covered Person can be used in a contest after the Covered Person's insurance has been in force two years during his/her lifetime. No statement the Covered Person makes can be used in a contest unless it is in writing and signed by the Covered Person. This provision shall not preclude the assertion at any time of defenses related to submission of a false or fraudulent claim based upon provisions in the Policy that exclude or restrict coverage." ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. TAI-RDR1-NH-08/10 Applicable for the Residents of the State of Indiana: Questions regarding your policy should be directed to: AMEX Assurance Company 800437-9209 If you (a) need assistance of the governmental agency that regulates insurance or (b) have a compliant you have been unable to resolve with your insurer you may contact the Department of Insurance by mail, telephone or email: State of Indiana Department of Insurance Consumer Services Division 311 West Washington Street, Suite 300 Indianapolis, IN 46204-2787 Consumer Hotline: 1-800-622-4461. In the Indianapolis Area 1-317-232-2395 Complaints can be filed electronically at w_ ww.in.govldoi IN Notice 5/10 Tokio Marine Pacific Insurance Limited For residents of Guam, Commonwealth of the Northern Marianas, the Federated States of Micronesia, The Marshall Islands, and the Republic of Palau, the insurance products that come as a benefit of your Cardmembership are underwritten by Tokio Marine Pacific Insurance Limited. SWT81 BP/AACV TAI/0811 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F IB-='YT XL Sheriff T4,E ,'?' ?0'?. ?',?4?tt1M ?° ?attularrftl?b Jody S Smith " Chief Deputy 201O 28 AM $: LIZ Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSY .-VANIA American Express Bank, FSB Case Number vs. RICHARD EDWARD HARPER 2011-8520 SHERIFF'S RETURN OF SERVICE 11/17/2011 04:09 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2011 at 1609 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Richard Edward Harper, by making known unto Deborah Harper, Wife of Defendant at 1942 Monterey Drive, 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. GERALD WORTHIN N, DEPUTY SHERIFF COST: $38.00 November 18, 2011 SO ANSWERS, (;" Y2"' RON R ANDERSON, SHERIFF . :.:cunt, l to ".an f T e r1- i)11. 11-11 ~.._. Our File No.: 328766 APOTH.AKER & 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 AMERICAN EXPRESS BANK, FSB ~:~~ ~ :~. -r: =~`' r ;~, h~.:J ` •} :. ~: - -., ... u t. :--~, -~ __ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. RICHARD HARPER NO.: 11-8520 CIV [L TERM Defendant Civil Action PRAECIPE; FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, RICHARD HARPER, in the default ofan Answer, in the amount of $25,514.5'9 computed as follows: Amount claimed in complaint: Less: Amount Paid: Plus: Interest from November 4, 2011 to August 2, 2012 at the legal interest rate of 0.00% per annum Attorney fees Z I certify that Defendant, RICHARD DR MECHANICSBURG, PA 17050. $ 26,24.59 ( 70.00) 0.00 !0.00 $ 25,51j4.59 is 1942 MONTEREY David J. Apothaker, Esq. Attorney for Plaintiff -~1l0.50 PO 'fl'n'`~ ~~ ~~a~f AMERICAN EXPRESS BANK, FSB ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) RICHARD HARPER ) NO. I1-8520 CIVIL TERM To: RICHARD HARPER 1942 :MONTEREY DR MECHANICSBURG, PA 17050 Date of Notice: December 12, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WI~.ITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, [F YOU D(b NOT HAVE A LAWYER; GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS CbFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AB~ E TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES T'O ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ~~ CUMBERLAND COiJNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 _~i DAVID J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road 0306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 328766 Cc: STEPHEN NUDEL ESQ Our File No.: 328766 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney LD.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672_-0215 Attorney for Plaintiff' AMERICAN EXPRESS BANK, FSB COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. RICHARD HARPER NO.: 11-8520 CIVIL TERM. Civil Action Defendant CERTIFICATION PURSUANT TO RULE 237.1. Pursuant to PA Rule Civil Procedure 237.1, I certify that a copy of the NOTICE OF PRAECIPE TO ENTER JUDGMENT' BY DEFAULT has been sent to the Defendant or the Attorney of Record. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the pe ties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. '~ David J. Apothaker, Esq. Attorney far Plaintiff Our File No.: 328766 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 AMERICAN EXPRESS BANK, FSB Plaintiff vs. RICHARD HARPER Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: l 1-8520 CIVIL TERM Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. David J. Apothaker, being duly sworn according to law, deposes and says that I am t~e attorney for Plaintiff; and authorized to make this affidavit; that Defendant(s) resides at 192 MONTEREY DR MECHANICSBURG, PA 17050. We inquired with the web site of the Defense Manpower Data Center, located at 160 Wilson Boulevai°d, Suite 400, Arlington. VA 22209- 93. if the Defendant(s) is/are in a1~y branch of the military. ,/~~ Mary M. Snavely-Dixon, Director of the Defens Manpower Data Center has sent bai/k our inquiry indicated that the Defendant(s) is/are not ~n t e military. David J. Apothaker, Esq. Attorney for Plaintiff I verify that the statements made in this Certification are true and correct. I understa>Rd that false statements herein are made subject to the penalties of 18 Fa.C.S.A. §4904. relating to unsworn falsification to authorities. Department of Defense Manpower Data Center S~t~t ~t~.pr~rt " Fursut #~ S~emie~b ~°vil l~i'~~t Last Name: HARPER First Name: RICHARD Active Duty Status As 4f: Aug-02-2012 flesults as of :Aug-02-"e 012 05:38:24 SCRA 2.2.2 Active Duty Start Date Active Dury End Date Status Service Component On Aclive Duty On Active Duty Status Date NA NA N0 ~ 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 En~i Date Status Service Component iVA NA No NA This response reflects where the indiv dual left active duty status within 3fi7 days preceding the Active Duty Status Date ~~ The Member or HislHer Unit Nlas Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Dafe Order Notification End Date Status Service Component IVA NF No NA '. This response reflects whether the individual or hislher unit has received ear ly notification to report for active duty I Upon searching the data banks of the Department of Defen:;e 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 Heal~h, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of fLiture orders to report for Active Duty. ', ~~' Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E2,5 i Arlington, VA 22350 The f5efense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and E'~igibility 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 Servicemernbers Civil Relief Act (50 LISC 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 tfae 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 entitle¢I 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 they "defenselink.mil" URL: http://www.de~fenselink.mil/faq/pis/PC:O£rSLDR.html. If you have evidence the person was on active duty for the active duty atus date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 52~(c). I This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual le(t 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 Ipctive duty on the Active duty Status Date. ', More information on "Active Duty Status" ', Active duty status as reported in this certifcate 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 servi~e authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by th$ 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 R~serve Program Administrs~tor (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 I. Coverage Under the SCRA is Broader in Some Cases 1, 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 thi<.~ 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 s~rvice. 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 h~ve 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 th~ SCRA extend beyond the 'ast dates of active duty. Those who could rely on this certificate are urged to seek qualil`ied legal counsel to ensure that all rights guaranteed to Service members under the $CRA are protected ', WARNING: This certificate was provided based on a last Warne, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: QBR5V5CDE1 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: RICHARD HARPER 1942 MONTEREY DR MECHANICSBURG, PA 17050 AMERICAN EXPRESS BANK, FSB COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. RICHARD HARPER NO.: 11-8520 CIVIL TERM 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. ~~, XX JUDGMENT' BY DEFAULT JUDGMENT IN REPLEVIN __ JUDGMENT BY CONFESSION _ JUDGMENT FOR POSSESSION __ JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS __ JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING 'T'HIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esq. at this telephone number: 800-(72-0215 ~-~~