HomeMy WebLinkAbout12-0477Our File No.: 328030
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
PALISADES COLLECTION, LLC
210 SYLVAN AVENUE STE 1
ENGLEWOOD CLIFFS, NJ 07632
Plaintiff,
vs.
DONALD W MALICK
711 OWL CT
MECHANICSBURG, PA 17050-2079
Defendant.
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2112 JAN 30 AN 11: ;n r
PENNSYLVANIA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY (NO.: /2_ y77 L /GV?
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
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Our File No.: 328030
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
PALISADES COLLECTION, LLC
210 SYLVAN AVENUE STE 1
ENGLEWOOD CLIFFS, NJ 07632
Plaintiff,
vs.
DONALD W MALICK
711 OWL CT
MECHANICSBURG, PA 17050-2079
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO..
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff is PALISADES COLLECTION, LLC, 210 SYLVAN AVENUE STE 1,
ENGLEWOOD CLIFFS, NJ 07632.
2. Defendant(s) is/are DONALD W MALICK, an adult individual residing at 711 OWL CT
MECHANICSBURG, PA 17050-2079.
3. Plaintiff, PALISADES COLLECTION, LLC, is the Assignee and Successor in Interest of
Account # ending in 9867; and said account was issued to Defendant(s) by FIRST USA, the Original creditor.
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 $20,647.91. 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
$20,647.91 and requests this Court award costs to the extent permitted by applicable law.
APOTHAKER &/ASSICIATES, P.C.
Attornef for Plaintiff .. "
A Law Firm
BY:
David J. Apothaker, Esquire
Dated: 1/17/2012
Our File No.: 328030
VERIFICATION
I, David J. Apothaker, Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unworn
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.
APOTHAKE & SSOCIATES, P.C.
-or 1- ey or Plaintiff
A Law Firm En a J d in JXbt Collection
BY:
David J. Apothaker, Esquire
Attorney for Plaintiff
DATE: 1/17/2012
Payment Due Date New Balance Past Due Amount Minimum Payment
1 05/17/09 $20,647.91 $2,962.00 $5,722.91
Account number:- 9867
• Make your check payable to:
Chase Card Services.
Please write amount enclosed.
New address or e-mail? Print on back.
112080 IrrrIlLlrrlrrLlrrl?rllr„LlrrrrllrlJ„rIl,rlrLrrlLrll?rl
DONALD LD W MALICK
JEAN A MALICK
711 OWL CT CARDMEMBER SERVICE MECHANICSBURG PA 17050-2079 PO BOX 15153
WILMINGTON DE 19886-5153
LrrIllr,rllLrrrI?LllrrrrrlrlllrrJrrrllJrrrrrllrrrllL,.ll
CHASE Statement Date:
03/23/09 - 04/22/09
Manage your account online:
Minimum Payment: $5,722.91 www.chase.com/creditcards
Payment Due Date: 05117/09
Additional contact information
ACCOUNT SUMMARY VISA Account Number: 9867 conveniently located on reverse side
Previous Balance $20,137.56 Total Credit Line $18,400
Purchases, Cash, Debits +$39.00 Available Credit $0
Finance Charges +$471,35 Cash Access Line
$18,40
New Balance $2p 647.81 Available for Cash $ $p
The outstanding balance on your credit card account is scheduled to be written off as a bad debt shortly. As a result, your credit
bureau will be updated with a negative rating that could last for up to seven years. We can still help, but you need to call us now at
1-888-792-7547 (collect 1-302-594-8200).
Your account is closed. Please continue to make monthly payments by the due date until your balance is paid in full.
ACCOUNT ACTIVITY
Date of
Transaction Merchant Name or Transaction Description Amount
04116 LATE FEE 39.00
FINANCE CHARGES
Finance Charge Transaction
Daily Periodic Rate Corresp. Average Daily Due To Fee / Accumulated FINANCE
Category 31 days in cycle APR Balance Periodic Rate Service Charge Fin Charge CHARGES
Purchases V.07463% 27.24% $13,810.94 $319.52 $0.00 $0.00 $319
52
Cash advances V.07463% 27.24% $0.00 $0.00 $0.00 $0.00 .
$0
00
Convenience check V.07463% 27,24% $6,562.53 $151.83 $0.00 $0.00 .
$151.83
Total finance charges
$471.35
Effective Annual Percentage Rate (APR): 27.24%
Please see Information About Your Account section for balance computation method, grace period, and other important information
The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category.
The Effective APR represents your total finance charges - including transaction fees
such as cash advance and balance transfer fees - expressed as a percentage.
This Statement is a Facsimile - Not an original
X 0000001 FIS33::18 D 7 000 N Z 22 0910422 Page i of 1 05686 MAMA 51373 11210000070005137301
Address Change Request
Please provide information below only if the address information on front is incorrect.
Street Address: --------------------------
City ------------------
State: --
Zip: -----
Home Phone: --- --- ----
Work Phone: --- --- ----
E-mail Address: -_
L
To contact us regarding your account:
In
® Telephone:
In U.S. 1-800-945-2000 '
Espanol 1-888-446-3308 Send Inquiries to: Mail Payments TOO to: Visit Our Website:
Pay by phone l-11011.436-7958 P.O. Box 15298 P.O. Box 15153 mw.chase coMcreditcards
Outside U.S. can collect Wilmington, DE 19850-5298 Wilmington, DE 19886-5153
1-302-5948200
I Information About Your Account
Crediting of Payments: For payments by regular U.S. mail, send at
i least your minimum payment due to our Payments address shown
on this statement. Your payments by mail must comply with the
instructions on this statement, and must be made by check or money
order, payable in U.S. Dollars, and drawn on or payable through a
U.S. financial institution or the U.S. branch of a foreign financial
institution. Do not send cash. Write your account number on your
check or money order. Payments must be accompanied by the
payment coupon in the envelope provided with our address visible
through the envelope window; the envelope cannot contain more than
one payment or coupon; and there can be no staples, paper clips, tape
or correspondence included with your payment. II your payment is
in accordance with our payment instructions and is made available
to us on any day except December 25 by 1:00 p.m. local time at our
Payments address on this statement, we will credit the payment to
your account as of that day. If your payment is in accordance with
our payment instructions, but is made available to us after 1:00 p.m.
local time at our Payments address on this statement, we will credit it
to your account as of the next day. If you do not follow our payment
instructions or if your payment is not sent by regular U.S. mail to
our Payments address, crediting of your payment may be delayed for
up to 5 days. Payments made electronically through our automated
telephone service, Customer Service advisors, or our web site will be
subject to any processing times disclosed for those payments.
Account Information Reported to Credit Bureaus: We may report
information about your account to credit bureaus. Late payments,
missed payments or other defaults on your account may be reflected in
your credit report. If you think we have reported inaccurate information
to a credit bureau, you may write to us at the Inquiries address shown
on this statement.
Notice About Electronic Check Conversion: When you pay by check,
you authorize us either to use information from your check to make
a one-time electronic fund transfer from your account or to process
the payment as a check transaction. When we use information
from your check to make an electronic fund transfer, funds may be
withdrawn from your account as soon as the same day we receive your
payment, and you will not receive your check back from your financial
institution. Call the Customer Service number on this statement if you
have questions about electronic check collection or do not want your
payments collected electronically.
Conditional Payments: Any payment check or other form of payment
that you send us for less than the full balance due that is marked "paid
in full" or contains a similar notation, or that you otherwise tender in
full satisfaction of a disputed amount, must be sent to Card Services,
P 0 Box 15049, Wilmington, DE 19850-5049. We reserve all our
rights regarding these payments (e.g., if it is determined there is no
valid dispute or if any such check is received at any other address, we
may accept the check and you will still owe any remaining balance).
We may refuse to accept any such payment by returning it to you, not
cashing it or destroying it. All other payments that you make should be
sent to the regular Payments address shown on this statement.
Annual Renewal Notice: If your account has an annual fee, it will be
billed each year or in monthly installments, whether ornotyou use your
account, and you agree to pay it when billed. The annual fee is non-
refundable unless you notify us that you wish to close your account
within 30 days of the date we mail your statement on which the annual
fee is charged and at the same time, you pay your outstanding balance
in full. Your payment of the annual fee does not affect our rights to
close your account and to limit your right to make transactions on
your account. If your account is closed by you or us, we will continue
to charge the annual fee until you pay your outstanding balance in full
and terminate your account relationship.
Explanation of Finance Charges: We calculate periodic finance charges,
using the applicable periodic rates shown on this statement, separately
for each feature (e.g.,balance transfer/convenience checks and cash
advance checks ("check transaction"), purchases, balance transfers,
cash advances, promotional balances or overdraft advances). These
calculations may combine different categories with the same daily
periodic rates. If there is a "V" next to a periodic rate on this statement,
that rate may vary, and the index and margin used to determine that
rate and its corresponding APR are described in your Cardmember
Agreement. as amended. There is a minimum finance charge in any
billing cycle in which you owe any periodic finance charges, and a
transaction finance charge for each balance transfer, cash advance,
or check transaction, in the amounts stated in your Cardmember
Agreement, as amended.
To get the daily balance for each day of the current billing cycle,
we take the beginning balance for each feature, add any new
transactions or other debits (including fees, unpaid finance charges
and other charges), subtract any payments or credits, and make other
adjustments. Transactions are added as of the transaction date, the
beginning of the billing cycle in which they are posted to your account,
or a later date of our choice (except that check transactions are added
as of the date deposited by the payee or a later date of our choice). Fees
are added either on the date of a related transaction, the date they are
posted to your account, or the last day of the billing cycle. This gives
us that day's daily balance. A credit balance is treated as a balance of
zero. If a daily periodic rate applies to any feature, we multiply the daily
balance by the daily periodic rate to get your periodic finance charges
for that day. We then add these periodic finance charges to your daily
balance to get the beginning balance for the next day. (If more than one
daily periodic rate could apply based on the average daily balance, we
will use the daily periodic rate that applies for the average daily balance
amount at the end of the billing cycle to calculate the daily periodic
finance charge each day.)
To get your total periodic finance charge for a billing cycle when a
daily periodic rate(s) applies, we add all of the daily periodic finance
charges for all features. To determine an average daily balance, we
add your daily balances and divide by the number of the days in the
applicable billing cycle(s). If you multiply the average daily balance for
each feature by the applicable daily periodic rate, and then multiply
each of these results by the number of days in the applicable billing
cycle(s), and then add all of the results together, the total will also
equal the periodic finance charges for the billing cycle, except for
minor variations due to rounding. To get your total periodic finance
charge for a billing cycle when a monthly periodic rate(s) applies,
multiply the average daily balance for each feature by the applicable
monthly periodic rate and add the results together. The total will equal
the periodic finance charges for the billing cycle except for minor
variations due to rounding.
Grace Period (at least 20 days): We accrue periodic finance charges
on a transaction, tee, or finance charge from the date it is added to
your daily balance until payment in full is received on your account.
However, we do not charge periodic finance charges on new purchases
billed during a billing cycle if we receive both payment of your New
Balance on your current statement by the date and time your payment
is due and also payment of your New Balance on your previous
statement by the date and time your payment was due. There is no
grace period for balance transfers, cash advances, check transactions,
or overdraft advances.
BILLING RIGHTS SUMMARY
In Case of Errors or Questions About Your Bill: If you think your bill
is wrong, or if you need more information about a transaction on your
bill, write Customer Service on a separate sheet at P 0. Box 15299
Wilmington, DE 19850-5299 as soon as possible. We must hear from
you no later than 60 days after we sent you the first bill on which the
error or problem appeared. You can telephone us, but doing so will not
preserve your rights. In your letter, give us the following information.
• Your name and account number
• The dollar amount of the suspected error
• Describe the error and explain, if you can, why you believe there is
an error. If you need more information, describe the item you are
unsure about.
You do not have to pay any amount in question while we are
investigating, but you are still obligated to pay the parts of your bill
that are not in question. While we investigate your question, we
cannot report you as delinquent or take action to collect the amount
you question. If you have authorized us to pay your credit card bill
automatically from your savings or checking account, you can stop the
payment on any amount you think is wrong. To stop the payment, your
letter or call (using the Inquiries address or Customer Service telephone
numbershown on this statement) must reach us at least three business
days before the automatic payment is scheduled to occur.
Special Rule for Credit Card Purchases: It you have a problem with
the quality of goods or services that you purchased with a credit card
(excluding purchases made with a check), and you have tried in good
faith to correct the problem with the merchant, you may not have to
pay the remaining amount due on the goods or services. You have this
protection only when the purchase price was more than S50 and the
purchase was made in your home state or within 100 miles of your
mailing address. These limitations do not apply if we own or operate
the merchant, or if we mailed you the advertisement for the property
or services.
^AA111408
328030
Request for Service
R. Thomas Kline Sheriff
Cumberland County Office of the Sheriff
One Courthouse Square
Carlisle, PA 17013
Ph: 717.240.6390
Fx: 717-240-6397
Plaintiff/s: Court Number:
PALISADES COLLECTION, LLC Expiration Date:
F ype of Action:
ivil Action
Defendant/s:
DONALD W MALICK
Serve Upon:
DONALD W MALICK
Address for Service:
711 OWL CT
MECHANICSBURG, PA 17050-2079
Alternate Address for Service:
Type of Service:
( ) Personal (X) Adult in Charge O Deputize O Certified Mail O Posting
Special Service Instructions:
* * If service is to be made by deputized service to another county please specify which
county
Filing Attorney Information:
Name: Apothaker & Associates, P.C.
Address: 520 Fellowship Road C306
Mount Laurel, NJ 08054
Telephone: 215-634-8920
Our File No.: 328030
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
PALISADES COLLECTION, LLC
Plaintiff,
vs.
DONALD W MALICK
Defendant.
12 FEB 13 2:
'EINN^ YL IVANIA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 12-477-CIVIL TERM
PRAECIPE TO
REINSTATE COMPLAINT - CIVIL ACTION
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in the above captioned Civil Action for an
additional thirty (30) days.
APOTHAKER &3
Attorne for
A Law Firm En6ML
BY:
CIATES, P.C.
. -In
bt Collection
David J. Apothaker, Esquire
Dated: 2/6!2012
(2)
+11.15 PIN ATT4
af'50815
P,dq l005
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
P',-F
m !_ i> [J 1=
2012 LIAR " I AM 8= 37
CUMBERLAND COUNTY
PENNSYLVANIA
Palisades Collection, LLC
vs.
Donald Malick
Case Number
2012-477
SHERIFF'S RETURN OF SERVICE
02/16/2012 10:40 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on
February 16, 2012 at 1040 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Donald Malick, by making known unto himself personally, at 711 Owl
Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time
handing to him personally the said true and correct copy of the same.
RONALD HOOVER, DEPUTY
SHERIFF COST: $38.00
February 24, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
Our File No.: 328030
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
PALISADES COLLECTION, LLC
Plaintiff
vs.
DONALD W MALICK
Defendant
Civil Action
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment against Defendant, DONALD W MALICK, in the default of an
Answer, in the amount of $20,647.91 computed as follows:
Amount claimed in complaint: $ 20,647.91
Less: Amount Paid: ( 0.00)
Plus: Interest from January 17, 2012 to May 11, 2012
at the legal interest rate of 0.00% per annum 0.00
Attorney fees 0.00
TOTAL $ 20,647.91
I certify that Defendant, DONALD W MALICK, a known address is 711 OWL CT
MECHANICSBURG, PA 17050-2079.
Dated: May 11, 2012
FILED-OFFICE
?.
THE PROTHONO TAR
2312 MAY 18 PM I.4 6
CUMBERLAND COUNTY
PENNSYLVANIA
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 2012-477
David J. ApothAer, Esq.
Attorney for Plaintiff
Q,?N 161 4.sb?d aN?
p? a? sy3S
t)c? a
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TO: DONALD W MALICK
711 OWL CT
MECHANICSBURG, PA 17050-2079
PALISADES COLLECTION, LLC
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff
VS.
DONALD W MALICK
NO.: 2012-477
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 THIS NOTICE, PLEASE CALL:
ATTORNEY David J. Apothaker, Esq. at this telephone number: 80 72-0215
34
S t pl/0ex
Our File No.: 328030
APOTHAKER 4 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
PALISADES COLLECTION, LLC
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff
vs.
DONALD W MALICK
NO.: 2012-477
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 pea 'es of 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
David J. Apothaker, Esq.
Attorney for Plaintiff
Dated: May 11, 2012
Our File No.: 328030
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
PALISADES COLLECTION, LLC
VS.
Plaintiff
DONALD W MALICK
Defendant
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 2012-477
Civil Action
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS.
David J. Apothaker, being duly sworn according to law, deposes and says that I am the
attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 711
OWL CT MECHANICSBURG, PA 17050-2079.
We inquired with the web site of the Defense Manpower Data Center, located at 1600
Wilson Boulevard, Suite 400, Arlington, VA 22 -2593, if the Defendant(s) is/are in any
branch of the military.
Mary M. Snavely-Dixon, Director of the oJr se Manpower Data Center has sent back
our inquiry indicated that the Defendant(s) is/are n t the 4k itary.
David J. Apothaker, Esq.
Attorney for Plaintiff
I verify that the statements made in this Certification are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
Department of Defense Manpower Data Center Results as of: May-1 1-2012 05:20:23
SCRA 2.1
ftin Rep d
Pummd to S ammbas Civil ReW Act
Last Name: MALICK First Name: DONALD Active Duty Status Date May-11-2012
On A*4 040101, att"i
NA No NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
LvA AOM Duly VM%i n'Wr 0* 01 A,*- 0* -64" Data
NA No I NA
This response reflects where the individual left active duty status within 387 days preceding the Active Duty Status Date
The Member or ht 6 Hw Unb We IJ?81ld of & Futitn Ca4Ut1 to AckY Dady on ACW1 Duty St*t s Detc
NA No NA
This response reflects whether the individual or his/her unit has received early ratification 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.
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 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.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).
If you obtain additional information about the person (e.g., a SSN, First Name), you can submit your request again at this Web site and we will provide a new
certificate for that query
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, and active duty status date provided by the requester. Providing erroneous
information will cause an erroneous certificate to be provided.
Report ID: ML15EN160P
PALISADES COLLECTION, LLC ) COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Vs. )
DONALD W MALICK ) NO. 2012-477
To: DONALD W MALICK
711 OWL CT
MECHANICSBURG, PA 17050-2079
Date of Notice: March 15, 2012
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. BEDFORD ST.
CARLISLE, PA 17013
717-249-3166
r
DAVID J. APOTHAKER, ESQUIRE
APOTHAKER & ASSOCIATES, PC
A Law Firm Engaged in Debt Collection
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
Attorney ID #38423
328030
Cc: RACHEL HUNTER ESQ