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HomeMy WebLinkAbout14-5603 Supreme COrf ofPennsylvania Courf 6fµCommott Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: 4 CUMBERLAND County O The information collected on this form is used solely for court administration purposes. .This form does not supplement or replace the filing and service ofpleadings or otherpapers as required by lcnv or rules of court. Commencement of Action: S M Complaint 1 Writ of Summons Petition E Transfer from Another Jurisdiction rl Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T FIA-CARD SERVICES, N.A. JEFFREY L SINSKI I Are money damages requested? 21 Dollar Amount Requested: within arbitration limits Yes © No O 1 (check one) Ooutside arbitration limits N Is this a Class Action Suit? Yes El No Is this an MDJAppeal? Yes 0 No A Name of Plaintiff/Appellant's Attorney: FREDERIC I WEINBERG El Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to.the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional © Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment E] Motor Vehicle 0 Debt Collection:Other 0 Board of Elections Nuisance Dept,of Transportation F1 Premises Liability Statutory Appeal:Other S F1 Product Liability (does not include Emass tort) 0 Employment Dispute: Slander/Libel/Defamation Discrimination C rl Other: M Employment Dispute:Other Zoning Board T Other: 1 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES F1 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: 0 Ejectment 0 Common Law/Statutory Arbitration B M Eminent Domain/Condemnation rl Declaratory Judgment 0 Ground Rent 0 Mandamus Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITYQuo Warranto 0 Mortgage Foreclosure:Commercial 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical Q Other: Other Professional: Updated 1/1/2011 2180552 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. The Law Offices of Frederic I . Weinberg c-) & Associates, P.C. c � BY: Frederic I . Weinberg, Esquire mm rn Identification No. : 41360 --a � Joel M. Flink, Esquire Identification No. : 41200 o i>( CD C7 ' FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS 655 PAPER MILL ROAD CUMBERLAND COUNTY NEWARK, DE 19711 VS . DOCKET NO. 19- !SUC)3 JEFFREY L SINSKI 71 HUMMEL AVE LEMOYNE PA 17043-1945 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 s .� � I1S7s�1 cx,C6 �# 1?s�a c 2)) File No.: H0038218 Reference No.:2180552 FIA Card Services,N.A., ) Plaintiff, ) V. ) JEFFREY L SINSKI, ) Defendant, ) COMPLAINT IN A CIVIL ACTION 1.FIA Card Services,N.A., formerly known as MBNA America Bank,N.A.,is a wholly-owned subsidiary of Bank of America Corporation. Bank of America,N.A. (USA),the successor in interest to Fleet Bank(RI),N.A.,merged into and under the charter and title of FIA Card Services,N.A. effective October 20,2006. 2. At all times relevant hereto,the Defendant(s),JEFFREY L SINSKI, was/were the holder(s)of a credit card or other consumer finance account(the"Account"),which, at the request of the Defendant(s),was issued to the Defendant(s)by the Plaintiff,FIA Card Services,N.A., or a predecessor in interest,on or about 09/17/2002. 3. Defendant(s)accepted and did thereafter use or authorize the use of the Account for the acquisition of goods, services, or cash advances in accordance with the customer agreement("Agreement")governing use of the Account. 4. A true and correct copy of the last Account billing statement generated prior to charge-off, as well as the Agreement, if available,have been attached hereto collectively as Exhibit"A". 5. All credits to which the Defendant(s)is/are entitled have been applied to the Account and there remains a balance due in the amount of$21790.86. 6.Plaintiff has made demand upon the Defendant(s) for payment of the balance due but the Defendant(s)has/have failed and refused, and still refuses,to pay the balance due. As such,the Defendant(s) is/are in default pursuant to the terms of the Agreement. 7. The last payment by the Defendant(s)on the Account was made on or about 12/14/2012. 8. It is the standard practice of the Plaintiff to change the account number for its accounts at the time of charge-off. Prior to charge-off,the Account number for the Defendant(s)was 9356. Subsequently,the Account number was changed and is currently 1755. WHEREFORE,Plaintiff claims of the Defendant(s)the sum of$21790.86 plus applicable court costs. The Law Offices of Frederic I . Weinberg & Associates, P. C. BY: FREDERIC W INBERG, ESQUIRE JOEL M. F ESQUIRE Attorney for Plaintiff PB.OA. 1 FIA Card Services,N.A., ) Plaintiff, ) V. ) JEFFREY L SINSKI, ) 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/she is an authorized agent of FIA Card Services, N.A., the Plaintiff herein,that he/she 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/her knowledge, information and belief. Dated: AUG 2 7 2014 Affiant Name (Printed): Beth Ammons Affiant Name(Signature): bu h A EXHIBIT "A" f BankofAmerica TNM JEFFREY LSINSKI/SHERI M SINSKI Account Number:4264 2811 5438 9356 June 26-July 25,;2013 Account hifomiation: i��vti��.bankafamenca.croili '"", , Mail billing inquiries to:: New Balance Total...................................................................$21,790.86 Previous Balance.......................$21.432.14 Bank of Alnciicii Current Payment Due............:.................. ...........,.$573.00Payments and Other Credits;.....:.............0.00 11.0.Boxav'al) Past Due Amount...... ..... ... .........................:..:..$3,717'.00 Purchases and Adjustments....................0.00 I?I Paso,IX 71#)f ~ l5 Fees Charged................................................:35.00 Mail payments to: Total Minimum Payment Due.....:...:........ .... ..$4.290.00 Interest.Charged.........:........ 323.72 Burk of America. Payment Due Date...: .... ...........8/22/13 P.O.Box 1,50119 New Balance Total......................$21,790.86 Wilmington,DF 1%W)-'i019 Late Payment:Warning,If we do not receive your Total Minimum Payment by Customer Service: the date.listed above,you may have to pay a late fee of up to"$35:00. Total Credit Line .....:...............$19;100:00 Total Minimum Payment Warning:if you make only Total Minimum f;ROO.78.9.Pi701. Cash Credit One............. .........$5.,800:00 Payment-each period,you will pay more in interest and it will take you longer Statement Closing Date...................7/25/13 (1330U3463i78'I'1 to pay off your balance.For example: Days in BillingrCycle ::::. ..:...............30 �" • a va a Only the Total. 34 years $48,977.18 Minimum Payment i If you would like.information about credit counseling services,call. 1-866-300.5238. a transection Posting Reference Account Date Date Description Num bar Number Amount Total j Fees 07/22 07/22 LATE FEE FOR PAYMENT DUE 0.7/22 1432 35.00 TOTAL FEES FOR THIS PERIOD $35.00 Interest Charged 07/25 07/25 Interest Charged on.Purchases 311:38 07/25 07/25 Interest Charged on Balance Transfers 0.00 07/25 07/25 Interest Charged on Dir Dep&Chk CashAdv 0.00 continued on next page... : 21 021?908600429000000500000004264281,154389356 , BANK OF AMERICA Account Number: 4264 28115438 9356 P.O.BOX 15019 WILMINGTON,DE 19886-5019 New Balance Total:................... ..............$21,790.86 Total Minimum Payment Due..............................................4,290.00' Payment Due Date ..................:.............:..:...............08/22/13 JEFFREY L SINSKI Enter payment amount SHERI.M SINSKI 71 HUMMEL AVE LEMOYNE PA 17043-1945 Check here for charge of mailingedoress or phone numbers. Please provide all corrections on the reverse side. Mail this coupon along with your check payable to:bank of America I 1:5 240 2 2 2 50l: 088? L154389356lie POR -- USE711 Rev.06/11 j IMPORTANT INFORMATION ABOUT THIS ACCOUNT--__._....__....._.__..__..._..._......__-..__.--._----.—...-__--. _ ..._......._._.....______�_.._.__.._......�._.. CUSTOMER TIPS FOR DISPUTED ITEMS `— Minty times disputed charges are legitimate charges that,customers may not recognize Online Banking is available 24 hours qday,7 days a week and or remember.Before disputing a charge,we recommend that you verity a few things ! allows you to view the must recent actiudty on your account. and make every effort to resolve the dispute with the merchant.Often the merchant can _.._ answeryour questions and easily resolve your dispute.The merchant's phone number _....... _........ —_.. may be located on your receipt or billing statement. PHONE • Hasa credit posted toyour account? 1.8136.266.0212 Please allowup to 30 days from the date on your credit voucher or For prompt service,please have the merchwit.reference nuuber(s) acknowledgement letter for the merchant credit to post. available for the charge in question, • Is the charge or amount unfamiliar? I— Check with other persons authorized to use the account to make sure they did not make the charge.It is possible that the merchants'billing names and store names are different or amounts can easily be confused with similar 1 MAIL , charges or include tips. i Attn:Billing Inquiries PO Box 982235,E1 Paso,TX 79998 When writing,please include Your Name,Account Number,the One way to check for the credits or to view transaction details is to look at your i ® Disputed Amount,Merchant Name,Transaction Date,and account statements online.If you are not enrolled in Online Banking,it is easy to reference number of the disputed item and specific details regarding enroll using the web address on the front ofyour statement or give its a call. your dispute,including dates ofcontact with the merchant and the Please remember:Ifyoufind anerror onyour bill,you must notify usnolater than merchant's respansehueachinstance.Please incl udeallsupporting 60 days after we sent your first statement on which the error or problem appeared documentation,including sales and credit vouchers,contract and to preserve your billing rights. postage return receipts as proof of any returns. PAYING INTEREST TOTAL INTEREST CHARGE COMPUTATION We will not charge interest on Purchases on the next statement ifyou pay the New I riterest Charges accrue and are compounded ona.daily basiq.To determine tile Balance.Total in full bythe Payment Due Date,and you.had paid in full bylbe previous Interest Charges we multiply each Balance Subject toInterest Rate by its applicable Daily Payment Due Date.Wewiilbegincharging interest onBalance Transfers and Cash Periodic Rate and that result is multiplied by the number ofdaysinthe billing cycle.To Advances on the transaction date. determine the total Interest Charge for the billing cycle,we add the Periodic Rate Interes t CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Charges together.A.Daily Periodic Rate is calculatedby dividing an Annual Percentage Average Daily Balance Method(including new Purchases): Rate by 365. R'e calculate separate Balances Subject to an Interest Rate for Purchases and for HOW WE ALLOCATE YOUR PAYMENTS each Introductory or Promotional Offerbalance consisting Of Purchases.We do this by: Ifyour account has balances with differentAPRs,we will alioeate the,amount of (1)calculalinga daily balance for each day in the billing cycle;(2)adding all the daily your payment equal to the'IotalMitumumPayment Due to the lowest APRbalancesfirst balances together;and(3)dividing the sum of the(laity balances by the number of days (including transactions made after this statement).Payment amounts in excess of your in the billing cycle. Total Minimum Payment Due will be appliedto balances with higherAPRs before balances To calculate the dailybalancefor eachdayinthis statement's billing cycle,we;(1) withlowerAPRs. take the beginning balance:(2)add tin amount equal to the applicable Daily Periodic Rate IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE multiplied by the,previous day's daily,balance;(3)add new Po rchases,new Account Fees, When using the optional Pay-by-Phone service,you authorize us to initiate an and newTr.ansactionFees;and(4)subtractapplicable paymentsandcredits.Ifagydaily electronic Mment from your account atthe financial institutionvou designate.You must balance is less than zero we treat itas zero. authorize the amount and timing ofeachpayment.Foryour protection,wewill ask for security information.A fee Wray apply for expedited service.To cancel,call us before the AverageSalancelvlet.hod(includingnewBalanceTransfersandnewCashAdvances): scheefuledpaymentdate.Same-daypaymients cannot be edited or canceled. We calculate separate.Balances Subject to an Interest Rate for Balance.Transfers, YOUR CREDIT LINES CaehAdvauces,and for eachIntroductoryorPromotionalOfferhalanceconsistingof The Total Credit Unei the amount of credit available for the account;however,onlya Balance'rransfers or Cash Advances,We do this by:(1)calculatinga dailybalance foreach portion ofthatt is available for Bank Cash Advances.The Cash CreditLine is thataniount day in this statement's billing cycle;(2)calculat.ingadailybalance for eachday prior tothis youhaveavailablefor Bank Cash Advances.Generally,Bank QubAdvances consist of statement's billing cycle that hada"Pre Cycle balance"--a Pre-Cycle balance is aBala:nce ATM Cash Advances,Over the Counter(OTC)Cash Advances,Same-Day Online Gash Transfer or a Cash Advance with it transaction date priorttthis statement's billing Advances,Overdraft Protection Cash Advances,Cash Equivaleents,ReturnedPayments, cycle butwithapostingdatew•ithinthisstatement's billing ecle;(3)addingalithe daily and applicabletransactionfees. balances together;and(4)dividing the sum of the daily balances by the number of daps in MISCELLANEOUS this statement's billing cycle. ""Promotional Rate End Date:This date is based on a future statement closing date. To calculate the dailybalance:for cacti day in this statement's billing eyrie,we:(1) if you change your payment due date,this date could change.Transactions must.meet take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate offer conditions in order to qualify for the promotional rats. multiplied bythe previous day's daily balance;(3)add new Balance Transfers,new Cash For tltecomplete termsattdconditions ofyouraccount,con suityourCreditCard Adv:utces and 7ransac:tion Fees;and(4)subtract applicable payments andcredits.If arty Agreement.FIA Card Services is a tradename of FIA Card Services,N.A.This account daily balance is less than zero we treat it as zero. is issued and administered by FIA Card Services,N.A. To calculate,a daily balance for each day prior to this statement's billing cycle that had a Pre-Cycle balance;(1)we take the beginning balance attributable solely to Pre-Cycle balance(which will be zero on the transaction date of the first Pre-Cycle balance);(2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous clay's daily balance;(3)and add only the applicable Pre-Cycle balances and their related Transaction Fccs.We exclude front this calculation all transactions posted in previous billing Cycles. PAYMENTS If your billingaddress or contact information has changed,or if your address is We credit mailed payment,,as of the date received,if the payment is:(1)received by incorrect as it appears on this bill,pleaseprovide all corrections here. 5 pat,lural time atthe address shown on the remittance slip on the front of your monthly statement;(2)paid with a check drawn in U.S.dollars on a L.S.financial institution or it U.S.dollar money order;anti 0)cent inthe return envelope.with only the remittance Address i portion ufyour statementaccnmpanying it.Payments received by mail after 5 p.m.loud _........_......:....._....................___.-........-_._................................................_..__----------------- ..._...... tiux;at the remittance address on any day including the Payment.Due Date,but that otherwisemeettheaboverequirernents,willbecreditedasofthenextday.Payments made on Ii ne or by phone will be credited as ofthe date of receipt Address if made by 5 p,m.Central, _..........._........_....._..__....... ._-._.--...___..._...,......_- Credit for any other payments may be delayed up to five days. NopAyanentshall operatr.as inaceordandsatisfactionwithoutthepriorwaitten city approval of one of our Senior Officers. We process most payment checks electronicallyby using the information found on your check.Each check authorizes us to create a one-time electronic funds transfer(or — Lip_.............. _._........_._.-_ _. process it as a check or paper draft).Funds may be withdrawn from your account as tato -.-- _ . . ---- soon as the same day we receive your payment.Checks, not returned toyou. Arca Code& For more information or to stop the electronic funds transfers,call us atthe HomePlione _..,....._. _.._._.___.__....__._._.—.___ ...................... ._____ - number listed on the front. --.----_...__......._._..__. Ifyou haveauthorized us to payyour credit card bill automatically from your savings Arca,Code& or checkingaccount with us,you can stop the payment on any amount You think-is Work Phone wrong."foStop payment,Your let ter must reach us at least three husinvssdays before .---..... .__ ._...... . .........--._.-......--_._...... the automatic payment is scheduled to occur. r BankofAmericaTM� .-,�• 'W 4264 28115438 9356 June 26-July 25,2013 Page 3 of 4 e�• Ma llensacfron Posting Reference Account Date Date Description Number Number Amount Total Interest Charged, 07/25 07/25 Interest Charged on Bank Cash Advances 12.34 TOTAL.INTEREST FOR THIS PERIOD $323.72 7Totalees charged in 2013 $225.00 Total interest charged in 2013 $2,167.48 Your statement balance,exceeds the Total Credit Line.To ensure uninterrupted use of your account,please make a payment to hying your balance under the Total Civfit Line:There is no fes for being over your Total CwAit Line. s Your Annual Percentage Rate(APR)is the annual interest rate on your account. Annual Promotional Promotional Promotional Balance Interest Percentage Transaction Offer ID Rate Until Subject to Charges by Rate Type Interest Transaction. Rate Type Purchases 18.2496V $20,769.62 $311.38 Balance Transfers 18.24%V $ 0.00 $ 0.00 Direct Deposit and Check Cash 18.248V $ 0.00 $ 0.00 Advances Bank Cash Advances 18.24%V $ 823.22 $ 12.34 APR Type Drifinitions:Daily Interest Rate Type:V=Variable Rate(rate may vary) i i s 1 1 Department of Defense Manpower Data Center Results as of:Aue-20.201409:36:01 AM SCRA 3.0 -'IN Status Report pursuant to Serwicerneml Civil ReJiefAct Last Name: SINSKI First Name: JEFFREY Middle Name: L Active Duty Status As Of: Aug-20-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA L 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 Du End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days precedingthe Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Dale Order Notification Start Date Order Notification End Date Status Service Component NA NA NO j NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 01121 of 01 Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 2180552 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:hftp://www.defenselink.mil/faq/pis/PC09SLDR.htm], 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(NOAH 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: HC4F94F9V0749C0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ILL -EjF Sheriff THE PROTHONO ovo Jody S Smith 2014 OCT — I I'M 2: 37 Chief Deputy Richard W Stewart _ CUMBERLAND COUNTY Solicitor OFFICE OF THE; EittiRIFF PENNSYLVANIA FIA Card Services vs. Jeffrey L Sinski Case Number 2014-5603 SHERIFF'S RETURN OF SERVICE 09/23/2014 07:36 PM - Deputy Shawn Gutshall, 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: Jeffrey L Sinski at 71 Hummel Avenue, Lemoyne Borough, Lemoyne, 'A 17043. S r41:61.PT7HrLL, DEPUTY SHERIFF COST: $46.08 SO ANSWERS, September 24, 2014 RONIq R ANDERSON, SHERIFF (c) CouritySuite Sheriff, Teleoseft, inc. 111111 01111. 1111111•1 The Law Offices of Frederic I Weinberg & Associates, 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 GF THE FJo THQHQ% t!OV 20 PN a:11-83:1552 W.;BERIAHOCOUNTY 1-71-•:tiSY _VANIA FIA CARD SERVICES, N.A. vs. JEFFREY L SINSKI COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 14 -5603 -CIVIL 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 JEFFREY L SINSKI only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $21,790.86 Costs (Complaint & Service) $161.83 Less: Payment on Account ($.00) Total: $21,952.69 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, JEFFREY L SINSKI,is 71 HUMMEL AVE, LEMOYNE PA 17043-1945. 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. AND NOW, this I day of NOV . , 20N Judgment is entered in favor of the plaintiff and against defendant by default for want of .an answer and damages asess4 at e sum of g 21,952.69 as per the above certification. Prothonotary The Law Offices of F deric I. Weinberg & Associates, P.C. BY: Frederic nberg, Esquire Joel M. Fl--, Esquire Attorney for Plaintiff 2180552 The Law Offices of Frederic I Weinberg & Associates, 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. JEFFREY L SINSKI 71 HUMMEL AVE LEMOYNE PA 17043-1945 DOCKET NO. : 14 -5603 -CIVIL 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. LLEL Judgment by Default $21,952.69 1I Money Judgment $ Li Judgment on Award of Arbitrators$ LL Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THISNOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLIft*, E'er _RES AT TH TELEPHONE NUMBER: 484/351-0500 �'ir PROTHONOTARY 2180552 The Law Offices of Frederic I Weinberg & Associates, 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 JEFFREY L SINSKI TO/PARA vs. DOCKET NO. : 14 -5603 -CIVIL NOTICE OF INTENTION TO TAKE DEFAULT JEFFREY L SINSKI 71 HUMMEL AVE LEMOYNE PA 17043-1945 DATE OF NOTICE/FECHA DEL AVISO: October 13, 2014 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. PlOD CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 The Law Offices of Frederic I. Weinberg & Associates, P.C. BY: Frederic einberg, Esquire Joel M. Flank, Esquire Attorne or Plaintiff Department of. Defense Manpower Data Center Status Report Pursuant to Servicernembers Civil Relic Act Last Name: SINSKI First Name: JEFFREY Middle Name: Active Duty Status As Of: Oct -20-2014 Results as of : Oct -20-2014 07:00:25 AM SCRA 3.0 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 Duly 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 Duly 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, 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 2180552 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 (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: HE39Y02AF04EG60 2180552 The Law Offices of Frederic I. Weinberg & Associates, 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. JEFFREY L SINSKI DOCKET NO. : 14 -5603 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned, being duly sworn according to law, deposes and says that he is counsel for 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 Defen e Manpower Data Center report. Date: PBOA1 FREDERIC I. WEINER,ESQUIRE JOEL M. FLINK, ESQUIRE Department of Defense Manpower Data Center Status Report Pursuant to Servicernembers Civil Retie f Act Last Name: SINSKI First Name: JEFFREY Middle Name: Active Duty Status As Of: Oct -20-2014 Results as o1 : Oa -20.2014 07:00:25 AM SCRA 3.0 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 Lel Active Duty Within 367 Days of Active Duty Status Date Active Duly Start Date Active Duty End Dale 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 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. hightdaraA77.. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4500 Mark Center Drive, Suite 04E25 Arlington, VA 22350 2180552 The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duly Status Date Order Notification Start Dale Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early natficat t to repOR fpr 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. hightdaraA77.. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4500 Mark Center Drive, Suite 04E25 Arlington, VA 22350 2180552 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.millfaq/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 (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 duly 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: HE39Y02AF04EG60 The Law Offices of Frederic I. Weinberg & Associates, P.C. BY: Frederic I. Weinberg, Esquire Identification No.: 41360 Joel M. Flink, Esquire Identification No.: 41200 375 E. Elm Street, Suite 210 Conshohocken, PA 19428 484/351-0500 2180552 —FIA CARD SERVICES, N.A. 655 PAPER MILL ROAD =NEWARK, DE 19711 vs. JEFFREY L SINSKI 71 HUMMEL AVE LEMOYNE PA 17043-1945 and Wells Fargo Bank 604 E. High Street Carlisle, PA 17013 GARNISHEE(S) =TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 14 -5603 -CIVIL PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against JEFFREY L SINSKI defendant(s)and (2) against Welts Fargo Bank garnishee(s) (3) Amount Due $21,952.69 Costs Prothonotary fee Sheriff fee (4) Less: Payments on Account TOTAL 000(4sai6b(F(1 (1 111t L46.0i co' vs.ls(< S�FREDERIC I. WEIN: •,, ESQUIRE 961Q,a JOEL M. FLINK, ESQUIRE . .OU. Attorney for PlaintiffWI' Al - $.00 C)L 1/0/� �-� 3t5 us 1-6 e>--i7w.,,u-acl THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net FIA CARD SERVICES, N.A. Vs. JEFFREY L. SINSKI WRIT OF EXECUTION (Pa R.C.P. 3252) NO 2014-5603 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against JEFFREY L. SINSKI, 71 HUMMEL AVENUE, LEMOYNE, PA 17043 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of WELLS FARGO BANK, 604 E. HIGH STREET, CARLISLE, PA 17013 GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) ally funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession 1 of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $21,952.69 Plaintiff Paid Interest Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $207.33 Other Costs Date: 1/15/15 (Scat) David D. Buell, Prothonotary REQUESTING PARTY: Name :tt.etielr:c, (06;10P ,.ESQUIRE Address: THE LAW OFFICES OF FREDERIC I. WEINBERG & ASSOCIATES, P.C. 375 E. ELM STREET, SUITE 210 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2