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Home My WebLink About12-68292145464 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. 3Y: 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 »yr? - J FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS' -.? 655 PAPER MILL ROAD CUMBERLAND COUNTY NEWARK, DE 19711 > VS. DOCKET NO. ?E - =- iUi ? THOMAS P FOSTER 901 S SPRING GARDEN ST LOT 15 CARLISLE PA 17015-9243 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 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 t =. L. s FIA Card Services, N.A., Plaintiff, ) V. ) THOMAS P FOSTER, ) 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 $5,081.92. 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 04/16/11. WHEREFORE, Plaintiff claims of the Defendant(s) the sum of $5,081.92 plus applicable court costs. GORDON & WEINBERG, P.C. BY. FREDERIC I WEI BERG, ESQUIRE JOEL M. FL NK, ESQUIRE Attorney f Plaintiff PBOA.1 FIA Card Services, N.A., Plaintiff, V. THOMAS P FOSTER, 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. OCT 2 2 2012 Dated: Affiant Name (Printed): Beth Ammons A It Affiant Name (Signature): \m h A?W 2145464 Reference No.: EXHIBIT "A" Bankof America THOMAS P FOSTER Account Number; 5490 3307 0708 8883 _ Octaber-9:8-November-15-2019: Bankftericanf I Power Rewards- Account Information: www.baiikofbmerica.com Mail billing Inquiries to: Bank of America P.O. Box 98235 El Paso, TX 79998-22M Mail payments to: Bank of America P.O. Box 15018 Wilmington, DE 19886-5019 Customer Service: 11300.421.1910 (1.800.3463178 TTY) Total Minimum Payment Due .......................................................$1,111.00 Payment Due Date ......................................................................12/14/11 Late Payment Waming: If we do not receive your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to $35.00 and your APRs may be increased up to the Penalty APR of 29.N%. Total Minimum Payment Warning: If you make only the Total Minimum Payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: New Balance Total ........................$5,081.92 Total Credit Line ............................$4.300.00 Cash Credit Line ..........................$1,300.00 Statement Closing Date .................11/15/11 Days in Billing Cycle ..................................29 Trensectlon Posting Refvrenco Account Date Date Dssgrlptlon Number Number Amount Total Fees 11114 11114 LATE FEE FOR PAYMENT DUE 11114 4983 35.00 TOTAL FEES FOR THIS PERIOD $36.00 Interest Charged 11/15 11/15 Interest Charged on Purchases 60.47 11/15 11/15 Interest Charged on Balance Transfers 3.23 11/15 11/15 Interest Charged on Dir Dep&Chk CashAdv 0.00 continued on next page... 14 0050819200111100000090000005490330707088883 -- - -BANK--OF-AMERICA : T - AccounT NAmber 5490_3307 07083 _ --- - - P.O BOX 1501 9 . _ _ __ -- --- - --WILMKGTON;T1E-1- 8863019 New Balance Total .........................................................$5,081.92 Total Minimum Payment Due ..............................................1,111.00 Payment Due Date ...................................................12/14/11 THOMAS P FOSTER $ c E 901 S SPRING GARDEN ST LOT 15 nter payment amount CARLISLE PA 17015-9243 Check here fora change ofmailingaddress orphons numbers. Flease pvwde all corrections on the remorse side. Mall this coupon along with your check payable to: Bank of America 1: S240 2 2 2 50II: i 58 70 70 701313138 3110 If you would like information about credit counseling services, call 1-866-300.5238. IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE711 Rev. 05l1 CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers may nntreeegnize orremember. Beforedisputing acbarge,werecommandthat youverifyafewthings and make evt Moffort to resolve the diamute with the merchant Often the merchant caan answer your questions and easily resolve your dispute, The merchant's phone number may be located on your receipt or billing statement • Has a credit posted toyouraecountY Please allowup to 30 days from the date on your credit voucher or acknowledgement letterfor the merchwt credit topost, • Is the charge or amount unfamiliar? Check with other persons authorized to use the account to make sure they did not ntakethe charge. It is possible thatthe merchants' hillingttames. 2nd store names are different ormnounts can easily he confusedwith similar charges or include tips. One way to check for the credits or to view transaction details is to look at your tu:count statements online. Ifyou are not enrolled in Online Banking, it is easyto enroll usingtha web address outhe front ofyour statementor give us a call. Please remember-Ifyoa ifndan erroronyour bill,you must notifyus no later than 60 days after we sentyourflrst statement an which the error or problem appeared to preserve your billing rights. PAYING INTEREST We will not charge interest on Purchases on the next statement ifyou par the New Balance Total in full bythe Payment Due Date, andyou had paid infd bytheprevious PaymentDue Date. We will begin cbarginginterest on Balance Transfers and Cash Advances on the transaction date. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Introductory, or Promotional Offerballance consisting ofParebases. We do this by. (1) calculating a deity balance for each daryin the bi lingey(1e; (2) adding all the daffy balances together; and (3) dividing the s um of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginningbalance; (2) add =amount equal to the applicable Dai&Periodic Rate multiplied by the previous day's dally balance; (3) add new Purchases, new Account Fees, and new Transaction Pees; and (4) suhtrad applicable payments and credits. If any dally balance is less than zero we heal it as zero, Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Introductory or Pronwtioned Offer balance consisting of Balance Transfers or Cash Advances. We do this hy: (1) calculating a daily balance for each flay in this statement's billing cycle; (2) calculating a daily balance for each day prior 1@ this statement's billing cycle that had a "Pro-Cycle hidanco"-a Pre-Cycle balance is a Balance Tran afar or a Cash Advance with atransaction date prior to thia statement's billing cWclc but With a.posting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement'e billing cycle. To calcakate the darBybalance for each day in this statement's bil ling cycle, we: (1) take the beginn ing balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance: (3) add new Balance Transfers, new Cash Advances and Transaction Fees; and(4)subtractapplicable M. ,mentsanrdcredits.Ifany daily balance is less than zero we treat it as zero, To calculate a dally balance far each day prior to this statement'a billing (Vole that had a Pre: Cycle balance; (1) we take the beginning balance attributable solely to Pre-Cycle balance (which will be zero on thetransaction date of the first Pre-Cycle balance); (2) add an amount equal to the Applicaable Daily Periodic Rate multiplied bythe previous day's dailybaalaance; (3) and add only the applicable Pre-Cycle balances and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billingcycles. Onli.WP Online Banking is available 24 hours a ley; 7 days a week and allows you to viewthe mostrecent activityam your account. LBM288.0212 For prompt service, ploase have thu merchant reference number(s) available for the charge(s) in question. I MM! Attn: Billing Inquiries PO Box 982235, Fl Paso, TX 79998 When writing, please include Your Name, Account Number, the ® Disputed Amount, Merchant Name, Transaction Date, and reference number of the disputed item and specific details regarding your dispute, including dates of contact with the merchantand the merchant's response in each instance. Please include all supporting documentation, includ ing sales and credit vouchers, contract and postage return receipts as proof of any returns, TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue andare compounded on a daily basis. To determinethe Interest Charges we multiply each Balance Subjact to interest Rate by its applicable.0aily Periodic Rate and that resultis multiplied bytbe number of clays in the hilling cycle. To determine the total Interest Charge forthe billing cycle, we add the Periodic Rate Interest Charges together. A DailyPeriodic Rate jr, calculatedby dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS ifyonr account has balances with different APRs, we will allocate the amount, of yourpaymeut equal to the Total Minimum Payment Due to the lowest APR balances first (inciudingtransactions made after this statement). Payment amounts in excess ofyour Total Minimum Payment Due willbe applied to balances with higherAPRe before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay-by-Phone service,you authorizeus to initiate an electronic psymentfrom your accnnnt at the financial inatituHam you designate. Yon most authorize the amount-and timing of each payment, For yourprotection, we will sak for security informatlam. A fee may apply for expedited service. To cancel, call us before the scheduled payment data Same-dgvpatyments cannot be edited or canceled. YOUR CREDIT LINES The Total CreditLine is the amount of credit available for the account: however, only a portion ofthat is available for Bank CashAdvances. The Cash Credit Line isthatamoamt you have available for Bank Cash Advances. Generally, Bank Cash Advances consist of ATb1 Cash Advances, 0verthe Counter (OTC) Cash Advances, Same-Day Online Cash Advances, Overdraft Protection Cash Advances, Cash Equivalents, Returned Payments, and applicable transaction fees. MISCELLANEOUS `Promotional Rate End Date: This date is based on afature statement closing data Ifyou change your payment due date, this date could change. Transactions must meet offer conditions in order to qualify for the promotional rate. For the complete terms and conditions of your account, consult your Credit Card Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and adm tnistered by FIA Card Services, N.A. PAYMENTS We credit.mailed payments as of the date received, if the payment is: (1) received by 5 p =L local time at the address shown on the remittance sli p on the front ofyour monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial inatitution or made online or by phone will be credited as of the date of releipt if mad -by 5 p.m. Central Credit for any other payments may be delayed up to dve days. No payment, shall operate as an accord and satisfactionwithout the prior written approval of one of Our Senior Officers. We process most paymentohecks electeenicnUy by usingthe information found on you r check. Each check authorizes us to create a one-time electronic funds transfer (or process itas a check Drpaper draft). Funds maybe withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you, For more information or to stop the electronic funds transfers, call us at the ntunber listed on the front If you have authorized us to pay your credit caavl bill automatically from your savings or checking account with us, you can stop the payment on anyamountyou think is wrong. To stop payment, your letter must reach us at)east three huadness days before the automatic palmrant is scheduled to occur. Ifyeurbilling address orcontactWormation has changed, or iyour address is incorrect as it appears on this b4please provide all corrections berg City State - Area Code & HomePhone Area Code etc Work Phone Bankof America 5490 3307 0708 8883 October 18 - November 15, 2011 BankAmericard' I Power Rewards Transsctlon Posting Reference Account Date Date Desorption Number Number Amount Total Interest Charged 11/15 11/15 Interest Charged on Bank Cash Advances 0.03 TOTAL INTEREST FOR THIS PERIOD $63.73 1 Total fees charged in 2011 $613.64 Total interest charged in 2011 $611.79 Important Your statement balance exceeds the Total Credit Line. To ensure uninterrupted use of your account, please make a payment to bring your balance under the Total Credit Line. There is no fee for being over your Total Credit line. Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Promotional Promotional Promotional Balance Interest Percentage Transaction Otter ID Rate End Subject to Charges by Rate Type Date Interest Transaction Rate Type Purchases 15.99BV $4,759.83 $60.47 Balance Transfers 15.99J&V $ 254.56 $ 3.23 Direct Deposit and Check Cash 18.99*V $ 0.00 $ 0.00 Advances Bank Cash Advances 19.99irV $ 1.90 $ 0.03 APR Type Definitions: Daily Interest Rate Type: V- Variable Rate (rate may vary) SHERIFF'S OFFICE OF CUMBERLAND C~.~I~I}« tF L { I~4 Ronny R Anderson ; ~ i ~~ ~~~1~~~~'~~~~w~'.F. Sheriff ~a~a~x, ~~ ~ ~mb`,y~~~ 20{ 2 Ntl~ 26 PN 2~ 17 Jody S Smith Chief Deputy ~' - , °~ Richard w Stewart ~ t ° -'`:F '~~ ~UMBE~tLA~r~ ~~~~`~ f'~NNSYLVANiA Solicitor cr~~c~ ", _ ~~~ s~~sai€€ FIA Card Services, N.A. vs. Case Number Thomas P Foster 2012-6829 SHERIFF'S RETURN OF SERVICE 11/13/2012 08:40 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Thomas P Foster, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 901 S. Spring Garden St. Lot 15, South Middleton Township, Carlisle, PA 17015. Per neighbor at Lot 17 defendant has not been seen for several months, the property does not appear to be vacant but deputies were unable to make contact with anyone at the residence. SHERIFF COST: $45.00 SO ANSWERS, ~,~ November 14, 2012 RON R ANDERSON, SHERIFF (c) Coun,yStiite SI;enH, Teieesok.. Ir:^. FILED- CF 1 E P Or 2145464 ONO IA R GORDON & WEINBERG, P.C. 3 PN 1: BY: FREDERIC. I . WEINBERG, ESQUIRE CU118ERL JOELtM. 1FLINKn ESQUIRE360 PEA yL ANIA�TY 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. 12-6829 CIVIL THOMAS P FOSTER 901 S SPRING GARDEN ST LOT 15 CARLISLE PA 17015-9243 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiffs ' Complaint in Civil Action in the above=captioned matter for an additional thirty (30) days . GORDON & WEINBERG, P.C. BY: FREDERIC I . NBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff (s) ��g51�s SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 7^ �y�..,vo Di. L.dldt#be, _ ' , i;i:i i ,,=, Jody S Smith rya Chief Deputy -- '1313 ' PH ; Richard W Stewart „ „ ; Solicitor . �. . .-:;P- CUMBERLAND COu T F PENNSYLVANIA FIA Card Services, N.A. Case Number vs. Thomas P Foster 2012-6829 SHERIFF'S RETURN OF SERVICE 09/06/2013 01:01 PM - Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Thomas P Foster at 901 S. Spring Garden St. Lot 15, South Middleton Township, Carlisle A 17015. cf J K ODZI, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, _979_ 1CI:f September 09, 2013 RONNY ANDERSON, SHERIFF t r' nnn'j' 7�^{ J�'� 1:E PRO filON 1A 2 '3 NtOY " I ( , I: 45 2145464 GORDON & WEINBERG, P.C. � RIDE COiJiT BY: FREDERIC I . WEINBERG, ESQUIri PENNSYLVANIA Identification No. : 41360 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. : 12-6829 CIVIL THOMAS P FOSTER AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I . WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in this action; that he is authorized to make this affidavit on behalf of the plaintiff; that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers ' and Sailors ' Civil Relief Act of 1940 and the amendments thereto, as set forth in the attached Department of Defense Manpower Data Center report. FREDERIC I . WEINB R , ESQUIRE Date: PBOA1 • Results as of:Oct-10-2013 08:22:29 Department of Defense Manpower Data Center SCRA 3.0 + Status Report •+ • Pursuant to Servicemembers Civil Relief Act Last Name: FOSTER First Name: THOMAS Middle Name: P Active Duty Status As Of: Oct-10-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOM,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, Malt 41160474mbi Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 ' M The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App,§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty'responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPA5). 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: 7586K090Y000820 2145464 GORDON & WEINBERG, P. C. -.Y BY: FREDERIC I . WEINBERG, ESQUIRE Identification No. : 41360 'x= JOEL M. FLINK, ESQUIRE -or r- � Identification No. : 41200 -E"c�" " CD 1001 E. Hector Street, Ste 220 <C3 Conshohocken, PA 19428 484/351-0500 EE▪ E w: N :1:3 E▪E- E -c FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs . DOCKET NO. : 12-6829 CIVIL EEE THOMAS P FOSTER PRAECIPE FOR ENTRY OF JUDGMENT 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 THOMAS P FOSTER only and assess damages certified to be calculable as a sum certain from the complaint, as follows : Principal $5, 081 . 92 Costs (Complaint & Service) $195 . 28 Less : Payment on Account ( $ . 00) Total: $5,277 .20 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 defendant, THOMAS P FOSTER, is 901 S SPRING GARDEN ST LOT 15, CARLISLE PA 17015-9243. gl6,s0 r (Sy CP4`�97( NSk' 114 2 . The annexed notice of intention to file this praecipe was 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 is not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is over 18 years of age. 1/1( m I AND NOW, this day of 6U• , 20 /3 Judgment is entered in favor of the plaintiff and against defendant by default for want of an answer and damaggs as se the sum 4 , $5,277 .20 as per the above certification. Prothonotary' A' GORDON & W NBERG, ' .C. BY: FREDERIC EINBERG, ESQUIRE JOEL M. F NK, ESQUIRE Attorney for Plaintiff 2145464 GORDON & WEINBERG, P.C. BY: FREDERIC I . WEINBERG, ESQUIRE Identification No. : 41360 JOEL M. FLINK, ESQUIRE Identification No. : 41200 nm 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. : 12-6829 CIVIL THOMAS P FOSTER NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA • THOMAS P FOSTER 901 S SPRING GARDEN ST LOT 15 CARLISLE PA 17015-9243 DATE OF NOTICE/FECHA DEL AVISO: October 1, 2013 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. k)BY: FREDERI,/ 17 WEINBERG, ESQUIRE PLOD JOEL M1! 1F}GINK, ESQUIRE Z/// Results as of:Oct-10-2013 08:22:29 Department of Defense Manpower Data Center SCRA 3.0 . '14% •,� Status Report ,y Pursuant to Servicemembers Civil Relief Act i . Last Name: FOSTER First Name: THOMAS Middle Name: P Active Duty Status As Of: Oct-10-2013 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 387 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 387 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,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. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty'responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this indudes 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: 7586K090Y000820 2145464 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. : 12-6829 CIVIL THOMAS P FOSTER 901 S SPRING GARDEN ST LOT 15 CARLISLE PA 17015-9243 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 $5,277.20 / / Money Judgment $ / / Judgment on Award of Arbitrators$ / / Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I . WEINBERG OR JO M. FLINK, ESQUIRES AT HIS TELEPHONE NUMBER: 484/351-0500 71) PROTHONOTARY