HomeMy WebLinkAbout12-29812107435
THIS IS AN ARBITRATION MATTER.
DAMAGES HEARING REQUIRED.
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEI:NBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. :Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
17IA Card Services, N.A.
655 Paper Mill Road
Newark, DE 19711
vs.
AMY C WELKER
1720 RITNER HWY
SHIPPENSBURG PA 17257-9766
ASSESSMENT OF
C-)
C:: ry ("J
T
C-
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : /Oz- (:p-q8( lei Vi it kot
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 DC SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT 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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
Gs
103. 5 PA w77Y
?.' a 75 ! 8
FIA Card Services, N.A.,
Plaintiff,
V.
AMY C WELKER,
Defendant,
COMPLAINT IN A CIVIL ACTION
1. At all times relevant hereto, the Defendant(s) was the holder of a credit card or other consumer
finance account (hereinafter "the account"), which at the request of the Defendant(s) was issued
to the Defendant(s) by the Plaintiff or a predecessor in interest of the Plaintiff, under the terms of
which the Plaintiff or its predecessor agreed to extend to Defendant(s) the use of its credit
facilities.
2. Defendant(s) accepted and used the account so issued and by so doing agreed to perform the
terms and conditions prescribed by the Plaintiff for the use of the account.
3. The Defendant(s) received and accepted goods and merchandise and/or accepted services or
cash advances through the use of the account issued by the Plaintiff. A true and correct copy of
the Charge-Off Statement is attached hereto as Exhibit "A".
4. All the credits to which the Defendant(s) is entitled have been applied and there remains a
balance due in the amount of $8,942.60.
5. Plaintiff has made demand upon the Defendant(s), who is in default, for payment of the
balance due but the Defendant(s) has failed and refused, and still refuses, to pay the same or any
part thereof.
6. Defendant's last payment on account was made on December 30, 2010.
WHEREFORE, Plaintiff claims of the Defendant(s) the sum of $8,942.60 plus applicable court
costs.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I INBERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
I?BOA. 1
FIA Card Services, N.A.,
Plaintiff,
V.
AMY C WELKER,
Defendant,
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities, that he is an authorized agent of FIA Card Services, N.A.,
the Plaintiff herein, and that he is duly authorized to make this Verification, and that the facts set
forth in the Complaint in this civil action are true and correct to the best of his knowledge,
information and belief.
Dated: FEB 0 1 2012
Affiant Name (Printed): _Linda H gin
Affiant Name (Signature):
File No.: 21.07435
Reference No.:
Bankof America
Account Information:
www-bankofamerica.com
Mail billing Inquiries to:
BANK OF AMERICA
P.O. BOX 16m?8
WTLMJNGTON, DE
19950.50-93
Mail payments to:
BANK OF Ai11ERJCA
P.U. BOX 1WM
1VJLMJNGTON, DE
19886-5019
Customer Service:
1800.892.8349
(1.b'77850.G 1 TM
AMY C SKVARKA
Account Number: 749 73176 2926 20
February 4 - March 4, 2010
New Balance Total-, ...............................................................$10,692.60
Current Payment Due .............................. ...............................$379.00
Past Due Amount .......................................................................$2,508.00
Total Minimum Payment Due .......................................................$2.887.00
Payment Due Date ..........................................................................4/3/10
Late Payment Warning: If we do not receive your minimum payment by the
date listed above, you may have to pay a late fee of up to $49.00,
Minimum Payment Warning: if you make only the minimum payment each
period, you will pay more in interest and it will take you longer to pay off your
balance. Fur example:
rren--vctbn Posting Reference Account
Data Date VescrtpGon Number Number Amount rote/
03/04 03/04
03/04 03/04
03/04 03/04
0S
Fees
LATE FEE FOR PAYMENT DUE 03/03
TOTAL FEES FOR THIS PERIOD
Interest Charged
Interest Charged on Balance Transfers
Interest Charged on Cash Advances
cantinued on next peep...
0417
Previous Balance ......................$10.417.63
Payments and Other Credits ....................0.00
Other Charges ........................................0.00
Fees Charged ._........ ......................................49.00
Interest Charged ..._........... ........................225.97
New Balance Total .......................$10,692.60
Credit Line ............................ .....$1'1,100.00
Statement Closing Date .....................3/4/10
Days in Billing Cycle .................................28
49.00
0.00
219.15
0106926000288700001716000000074973176292620
BANK OF AMERICA
P.O. BOX 15019 Account Number: 749 73176 2926 20
WILMINGTON, DE 19886-5019
New Balance Total .........................................................$10,692.60
Minimum Payment Due ......................................................2,887.00
Payment Due Date .......................
........................04/03/10
...
.....
AMY C SKVARKA j
.
7
i?","'
m ?
Faster payent amount
1720 RITNER HWY
SHIPrENSDURG PA 17257-9766 RIO H
E] Chack hove for a change ormailrngadbheas or phone numbers.
'
R
ease provide all careo0ons on the rumrse aide.
Meg thle coupon along with your check payable to: Bank or America
1:5240222504 16 763 176 29 26 20111
S49.00
If you would like information about credit counseling services, call
1-866-300-5238.
IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE303 Rev. 02/10
GRACE PERIOD
"Grote PeriDd" means the period of time during abdling cyclowben ycu willnot
accrue interest on certain traneactions or balances. There is no Grace Pe rind forBalancc
Traansfars, Cash Advances or Other Charges.
CALCULATION OF BALANCES SUBJECT TO INTEREST RATE
Average Bal:wco Method (including now Bahuce Transfers and now CashAdvances):
We calculate separate Balances Subject to an. Interest Bala for Balance Tramifers,
Q ash Advaooes, and for each Fmmotionai (Jlferbalance amsisdag of Balance Transfers
or CashAdvances. We do this by: (f) calculating ack ly balance for each day lathis
statement's billing cycle; (2) calculating a daily balance for each day prior to this
statement's billingcyclethathad a "Pre-Cycle badsnce'-a Pre-Cycle balance is a Balance
Transfer or n, Cash Advance With atransaction date prior to this statement's billing
cycle bu L with apostingdate teithin this statement's billing cycle; (3) addingall the daily
balances together, and (4) dividing-the sum of the daily balances by the number ofdays in
this statement's billing cycle.
To caleNauo the dailybalance for each day in this statement'; billingcycle, wetake the
beginning balance, add an amount equal to the applicable DallyPeriodie Itate multiplied
by the previous days daily balance, add new Balance Transfers, CashAdvances and
Tranuaction Fces, and aubtract applicable payments and credits. If any daily balance is
less than zero we treatit as zero.
To calculate a daily balance for each day prior to this statement's billing cycle that
had a Pre-C?cle ba4ince,wo talco the beginnmgbalonco aitaibutable soleh-W Pre-G'Scls
balances (which will be zero on the transaction date of the first. Pre-Cycle balance), add an
amountequal to the applicable Daily Periodic Rate multiplied by the previous day's daily
halance,and add onlythe applicable Pre-Cycle balances, and their relatedTrnusnt:tton
Fees. We exclude from thlacalculation BEtransactions posted inprevious blUingeycles.
Average Daily Balance Method (lawludingnewOther Charges):
We calculate separate Balances Subject to an Interest Rate for Other Charges and for
each Promotional Offer balance consistingofOther Chwges. We do this IT.(1)rniculahing
a dailybalaoce for each day in the frilling cycle) (2) adding all the daily balances together,
and (3) dividing the sum of the daily balances by the number of days in the bill ing cycle.
To calculate the daily balance far each day in this statement's billing cycle, we take the
beginning balance, add an nmounWqual to the applictble.DailyPeriodic Rate multiplied
by the provioua day's dally balance,addnew OtherCbarges, newAccnuntFees, and new
Transaction Pecs, and subtract applicable payments and credits. If any daily balance is
less than zero we treat it as zero.
We include the fees for debtrancellation or credit insurance purchased through us in
m1calatingthe beginning halance for the first day of the hilling cycle after the halting cycle
in which such fees are billed.
TOTAL INTEREST CHARGE COMPUTATION
Interest Charges accrue and are compounded on a daily basis, Tudeterminethe
interest Charges, we multiply each Balance Subject. to InterestP,ate by its applicable Daily
Periodic Rate andthat result by the uu mbw of days in the billing cycle. To determine
the total Interest Charge for the billing cycle, uve add than PeriodicRate Interest Charges
together, A Daily Peciodic Rate is calculated by dividing an Annual Pe wentage.Rate
by3G5.
HOW WE ALLOCATE YOUR PAYMENTS
Ifyouraccomat has balances with differentAPBa, we will allocatotbe amount of
your1rayment equal to tbeTotal Minimum PapmentDue tothe lowest APR balances first
(includi)igtrsasactionsmadeaftartluiaetntoment). Payment-ammmtsinescessofyour
Total Minimum Payment Due will be applied to balances with highrerAPBs before balances
with lower APRs.
IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE
lYbcnusingtheoptionalPay by-Phone servioe,you authorize us to initiate an
electronic payment from your secoumt at the financialinstitution you designate. You must.
anthorkm the amountand timing of eachpayment Foryour protection.wewillask for
security information. A fee may apply. Toean*call usbefore-thescheduled paymoart
date. Same-daypayments cannotbe edited or canceled.
MISCELLANEOUS
"CR" means Croft
Forthecompleteter asandcondlUoneofyouraoceunt,consultyourAccount
Agreement. FL1Card Services inatradenameofFIACard Services, NA. Thisactmuntis
issued and administered byFIA Card Services, NA.
PAYMENTS
We credit mailed payments asofthedate received, ifthePayment is: (1)receivedby
5 p.m, local time atthe address shown on the remittance slip on thefront ofyourtnent*
statement; (2) paid withacheekdrawn InU.S. dollars an a U.S. financial institution or aU.S.
dollarmoney order; and (3) sent in the return envelope with onlythe remittance portion of
your statement accempanying it Payments received by ma dl after 5 p.m.local time at the
remittance address on any dayinrluding the Payment Due Date,but that otherwise meet
the above ret0rements,will he credited as of the neat day. Payments made ealine arby
phone will becredited a as of the &49 of receipt if made by5 pin. Central time. CretBtfor any
other payments maybe delayed ap to five dale.
No payment shall operate as an afford and satisfantionwithout the priorwlitten
approval of one of our Senior Ukets.
We process mostpa;rmeot checks elmtranicatlybyusing theinforni trim found onyour
check. Each check authorizes ustoareateaone-Lime electroniefundatransferforprocess
itas a check orpaper draft). Funds maybe withdrawn from your account as sconas the
same daywereceiveyourpsyment Checksarenotreturnedtoyou. Flrrmoreinformation
or tx, stop the electronic funds transfers, callus ai.the number listed an the front.
Ifyou have authorized usto pay your occoun tbill automatically from your savings or
cheel ingaccount with as, you can stop the payment on any amountyan th9nkis wrong. To
stop payment,your lettrr must reach us atleast three business days before the automatic
payment ta.gchedulcd to occur.
IfyourbWJngaddress orcontaut information hasabaaged, or ifyow nddreaeis
incorrect as It appears on this blll,plecae provide nU corrections here.
Address 1
Address 2
city
State
Area Code &
HomePbone
Area Code&
Work Phone
.. _ .............---- ZiP_.... __-._......... ..... _..........
Bankof America
I
Transuctfun Posting
Date Date
03/04 03/04
749 73176 2926 20
February 4 - March 4, 2010
Page 3 of 4
Reference Account
DescHptfon Number Number Amount Total
Interest Charged
Interest Charged an Other Charges 6,82
TOTAL INTEREST FOR THIS PERIOD $225,97
20101otalsleor-to-Date
Total fees charged in 2010 $147.00
Total interest charged in 2010 $713.45
tl C
We want to make sure you are aware that we have notreceived your payment. Flease send the amount due today. ]Pit ban been mailed, thank you.
Your Annual Percentage Rate (APR) is the annual interest rate on your account
Annual Promotional Promotional Balance Interest
Percentage Transaction Otter ID Subject to Charges by
Rate Type Interest Transaction
Rate Type
Balance Transfers 27.984 $ 0.00 $ 0.00
Cash Advances 27.884 $10,210.17 $219.15
Other Charges 27.984 $ 317.74 $ 6.82
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OPT E; -
PROI
-HOH
201? MAY 24 AM 8: 1 G
':UMBERLAND COUN T i,
PENNSYLVANIA
FIA Card Services, N.A. f/k/a Bank of America
vs.
Amy C. Welker
Case Number
2012-2981
SHERIFF'S RETURN OF SERVICE
05/17/2012 05:30 PM - Dennis Fry, Deputy Sheriff, who being duly swom according to law, states that on May 17,
2012 at 1730 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Amy C. Welker, by making known unto herself personally, at 1720 Ritner Highway,
Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her
personally the said true and correct copy of the same.
SHERIFF COST: $48.00
May 18, 2012
(c) CountySuite Sheriff, Teleosoft, Inc.
.
DENNI RY, DEPUTYelf"
SO ANSWERS,
RON R ANDERSON, SHERIFF
GORDON & WEINBERG, P. C.
BY: FREDERIC I. WEINBERG, ESQUIRE 1?
Identification No.: 41360y'
JOEL M. FLINK, ESQUIRE is.- ,? ,1 ? COUN
Identification No.: 410 g?' l,
1001 E. Hector Street, Ste 220 Pt 4 NIA
Conshohocken, PA 19428
484/351-0500
2107435
FIA Card Services, N.A.
VS.
AMY C WELKER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 12-2981 CIVIL TERM
PRAECIPE FOR ENTRY OF JVDGbCCNT FOR WANT OF AN ANSWER, ASSESSMENT
OF DAMAGES, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE
TO THE PROTHONOTARY:
Enter judgment for want of an answer for plaintiff and against
defendant(s) AMY C WELKER above named only and assess damages
certified to be calculable as a sum certain from the complaint, as
follows:
Principal $8,942.60
Costs (Complaint & Service) $203.75
Less: Payment on Account ( $.00)
Total: $9,146.35
Understanding the false statements made herein are subject to penalty
under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I
verify that:
1. The last known addresses of the parties are: FIA Card
Services, N.A. and that the last known address of defendant, AMY C
WELKER, 1720 RITNER HWY, SHIPPENSBURG PA 17257-9766.
2. The annexed notice(s) of intention to file this praecipe was
(were) mailed to all parties, defendant and to their record attorneys,
if any, after default occurred, and at least ten days prior to the
date of filing of this praecipe.
3. The said defendant(s) is (are) not in the military service
of the United States or otherwise within the coverage of the Soldiers
and Sailors Civil Relief Act and is (are) over 18 years of age.
/'"? 3?
AND NOW this day of 201;,Judgment
In ?
is entered in favor of the plaintiff(s) and against defendant(s) by
default for want of an answer and da es essed at the s of ,
$9,146.35 as per the above certificat' s u
Prothonota •
GORDON & WEINB RGG,, P.C.
BY: FREDERIC I. EIN ERG, ESQUIRE
JOEL M. FLI K, QUIRE
Attorney fo aintiff
2107435
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. : 12-2981 CIVIL TERM
AMY C WELKER
1720 RITNER HWY
SHIPPENSBURG PA 17257-9766
NOTICE
Pursuant to Pa.R.Civ.P. 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.
[X[ Judgment by Default $9,146.35
Money Judgment $
Judgment on Award of Arbitrators$
Judgment on Verdict$
IF YOU HAVE ANY QUESTIONS CONCERNING THI NOTICE, PLEASE CALL
ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M FL RES AT H S
TELEPHONE NUMBER: 484/351-0500
?1.
?P I S 1a PROTHONOTARY
2107435
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.
VS.
AMY C WELKER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 1.2-2981 CIVIL TERM
NOTICE OF INTENTION TO TAKE DEFAULT
TO/PARA
AMY C WELKER
1720 RITNER HWY
SHIPPENSBURG PA 17257-9766
DATE OF NOTICE/FECHA DEL AVISO: June 7, 2012
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY AN 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
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
GORDON & WEINBERG, P.C.
P10D-2
BY:
FREDERIC I. /I BOG, ESQUIRE
JOEL M. FLIN,, SQUIRE
2107435
GORDON & WEINBERG, P.C.
BY: FREDERIC I . WEINBERG, ESQUIRE r-o
Identification No. : 41360 w _
JOEL M. FLINK, ESQUIRE
Identification No. : 41200 �
1001 E. Hector Street, Ste 220 , r\)
-� C:) c ,
Conshohocken, PA 19428 r--.... -#c>
484/351-0500 s
co .
FIA Card Services, N.A. COURT OF COMMON PLEASti "''
X655 Paper Mill Road CUMBERLAND COUNTY - }
Newark, DE 19711
VS. DOCKET NO. 12-2981 CIVIL TERM
GAMY C WELKER
—1720 RITNER HWY
=SHIPPENSBURG PA 17257-9766
and
_Members 1st FCU
=401 East King St
Shippensburg, PA 17257
GARNISHEE
PRAECIPE FOR WRIT OF EXECUTION
—TO THE PROTHONOTARY:
Issue writ of execution in the above matter,
directed to the Sheriff of Cumberland County;
(1) against
AMY C WELKER
(2) against
defendant (s) and n�S
k-�
Members 1st FCU
garnishee (s)
(3) Amount Due $8, 942 . 60 DO Pp Arm/
Costs �g � �F
Prothonotary fee
Sheriff fee J�3.75
(4) Less: Payments on Account ( $1, 750.00) �1�.50 �
TOTAL
�'a•a� Qoe.Co
��aQ5915
FREDERIC I . WEINBER , ESQUIRE �+�
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
Results as of:Sep-06-2013 07:56:10
Department of Defense Manpower Data Center
SCRA 3.0
Status Report
Pursuant to Servicememben Civil Relieff Act
Last Name: WELKER
First Name: AMY
Middle Name: C
Active Duty Status As Of. Sep-06-2013
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 —i NO NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or 1-lis(Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
—Order Notification Start Date Order Notification End Date status Service Component
NA NA W NA
This response reflects whether the individual or hisfiner 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.
Ohl 404to%4
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility
Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as
the Soldiers'and Sailors`Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the
individual is currently on active duty'responses,and has experienced only a small error rate. In the event the individual referenced above,or any family
member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the
protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink,mil"URL:http://www,defenselink,mil/faq/pWPC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c).
This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve
Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1),
Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: Y48D4317Q004240
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 12-2981 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FIA CARD SERVICES,N.A., Plaintiff(s)
From AMY C WELKER, 1720 Ritner Hwy,Shippensburg,PA 17257-9766
(1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed
to attach the property of the defendant(s)not levied upon in the possession
of GARNISHEE(S)as follows:
MEMBERS 1sT FCU,401 East King St.,Shippensburg,PA 17257
and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant(s) and from delivering any property of the
defendant(s)or otherwise disposing thereof-,
(2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated,
Amount Due$7,192.60 Plaintiff Paid$
Interest
Attorney's Comm. % Law Library$.50
Attorney Paid$197.25 Due Prothonotary$2.25
Other Costs$
Date: 9/20/13
David D.Buell,Prothonotary
olcil 11,
BY:
Deputy C
REQUESTING PARTY:
Name : FREDERICK I.WEINBERG,ESQUIRE
Address: GORDON&WEINBERG,PC
1001 E HECTOR STREET,STE 220
CONSHOHOCKEN,PA 19428
Attorney for:PLAINTIFF
Telephone: 484-351-0500
Supreme Court ID No.41360
i7- a;117 7
SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r
Sheriff
���� r� raratz� 4 r y _ -
Jody S Smith
Chief Deputy
Richard W Stewart 0,.
Solicitor h, w
FIA Card Services, N.A. f/k/a Bank of America
vs. Case Number
Amy C. Welker 2012-2981
SHERIFF'S RETURN OF SERVICE
09/25/2013 12:49 PM- Noah Cline, Deputy, who being duly sworn according to law, attached as herein commanded all
goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of
the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, North Middleton
Township, Carlisle, PA 17013, Cumberland County, by handing to Laurie Shultz, member service rep,
personally three copies of interrogatories together with three true and attested copies of the Writ of
Execution and made the contents there of known to her.
The writ of execution and notice to defendant was mailed on September 26, 2013 to Amy C. Welker at
1720 Ritner Hwy, Shippensburg, PA 17257-9766.
-
NOAH CLINE, DEPUTY
SO ANSWERS,
September 26, 2013 RONIW R ANDERSON, SHERIFF
f re_osor ,:;c.
GOHDON ^& WEINBERG, P.C.
BY: 'FREDERIC I . WEINBERG, ESQUIRE
Identification No. : 41360 RECEIVED
JOEL M. FLINK, ESQUIRE
Identification No. : 41200 SEP 26 2013
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
FIA Card Services, N.A. COURT OF COMMON PLEAS
655 Paper Mill Road CUMBERLAND COUNTY
Newark, DE 19711
vs. DOCKET NO. : 12-2981 CIVIL TERM
AMY C WELKER
1720 RITNER HWY
SHIPPENSBURG PA 17257-9766
and cp
Members 1st FCU
401 East King St rnOD 4+
Shippensburg, PA 17257 xrn rFrl
GARNISHEE -criG3
afisktws
r-Q ��n
INTERROGATORIES IN ATTACHMENT D ;r
TO: Members 1st FCU - GARNISHEE -
You are required to file answers to the following Interrogatories within twenty
(20) days after service upon you. Failure to do so my result in judgment
against you.
1 . At the time you were served or at any subsequent time did you owe
the defendant (s) any money or were you liable to the defendant on
any negotiable or other written instrument, or did the defendant
claim that you owed the defendant any money or were liable to the
defendant for any reason?
2 . At the time you were served or at any subsequent time was there
in your possession, custody or control or in the joint
possession, custody or control of yourself and one or more other
persons any property of any ��pure owned solely or in part by the
defendant.
3. At the time you were served or at any subsequent time did you
hold legal title to any property of any nature owned solely or in
part by the defendant or in which defendant held or claimed any
interest. nn ��
Iv
4 . At the time you were served or at any subsequent time did you
hold as fiduciary any property in which the defendant (s) had an
interest?
Iv
5. At any time before or after you were served did the defendant (s)
transfer or deliver any property to you or to any person or place
pursuant to your direction or consent and if so what was the
consideration therefore? A (/�
6. At any time after you were served did you pay, transfer or
deliver any money or property to the defendant (s) or to any
person or place pursuant to his (her, their) direction or
otherwise discharge any claim of the defendant-( a against you?
7 . If you are a bank or other financial institution, at the time you
were served or at any subsequent time, did the defendant (s) have
funds on deposit in an account in which funds are deposited
electronically on a recurring basis and which are identified as
being funds that upon deposit are exempt from execution, levy or
attachment under Pennsylvania or federal law? If so, identify
each account and state the reason for the exemption, the amount
of funds in each account, the amount being withheld under each
exemption and the entity electronically depositing those funds on
a recurring basis.
8 . If you are a bank or other financial institution, at the time you
were served or any subsequent time did the defendant (s) have
funds on deposit in an account in which the funds on deposit, not
including any otherwise exempt funds, did not exceed the amount
of the general monetary exemption under 42 Pa.C. S. .58123? If so,
identify each account. /n
9. How much is the value of any property in your possession
belonging to the defendant (s) ?n $ 302 cLfS _
cr - '1i S i �l � '�(6Y1
FREDERIC NBERG, ESQUIRE
JOEL M. F K, ESQUIRE
Attorney for Plaintiff
DATED: q ( 0 ( 7
p fn Yr -ICE
2107435 RQ n 1,.R�
GORDON & WEINBERG, P.C. ' -3 pitl 2.
BY: FREDERIC I . WEINBERG, ESQUIRE CUMBER/ A"
Identification No. : 41360 pE e C(7U j y+
JOEL M. FLINK, ESQUIRE AAA
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. : 12-2981 CIVIL
TERM
EgE
AMY C WELKER
and
Members 1st FCU
Garnishee
PRAECIPE TO DISSOLVE ATTACHMENT
TO THE PROTHONOTARY:
Kindly dissolve the attachment of the defendant' s bank
account with Members 1st FCU, as Garnishee in the above entitled
matter.
GORDON & WEINBERG, P.0
BY:
FREDERIC I . WEINBERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
P011
°NCI- tlqtd,i,,
aktilay
q(„ 351
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
O3FFFC.OF TH. K, R1 r
• THE ^PROINCNO
2014 APR 14 PM 2: 4 I
CUM3LRI AND COUNTY
PENNSYLVANIA
FIA Card Services, N.A. f /k/a Bank of America
vs. Case Number
Amy C. Welker 2012 -2981
SHERIFF'S RETURN OF SERVICE
09/25/2013 12:49 PM - Noah Cline, Deputy, who being duly sworn according to law, attached as herein commanded
all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or
control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, North
Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Laurie Shultz, member
service rep, personally three copies of interrogatories together with three true and attested copies of the
Writ of Execution and made the contents there of known to her.
The writ of execution and notice to defendant was mailed on September 26, 2013 to Amy C. Welker at
1720 Ritner Hwy, Shippensburg, PA 17257 -9766.
04/14/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $89.26 SO ANSWERS,
April 14, 2014 RONR-R ANDERSON, SHERIFF
;c) CountySuite Sheriff, Tel eo soft, !nc.
3095 57