HomeMy WebLinkAbout09-1386Archer & Archer, P.C.
By: Thomas A. Archer, Esquire
2515 North Front Street
PO Box 5056
Harrisburg, PA 17110-5056
717.233.8676
ALLEGRO DESIGNS, LLC,
Plaintiff,
v
WHAT'S UP EUROPE BRIDALS
and GEORGE BONNETT
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET No. 09 - 138(0 Civt,
l term
: CIVIL ACTION -LAW
JURY TRIAL DEMANDED
NOTICE TO DEFEND
TO: What's Up Europe Bridals and
George Bonnett
125 East Main Street
Visalia, CA 93291
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the complaint or for any 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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Dated: March 4, 2009
By:
// L,--7
Thomas A. Archer, Esquire
PA Atty. ID # 73293
2515 North Front Street
P.O. Box 5056
Harrisburg, PA 17110
Archer & Archer, P.C.
By: Thomas A. Archer, Esquire
2515 North Front Street
PO Box 5056
Harrisburg, PA 17110-5056
717.233.8676
ALLEGRO DESIGNS, LLC, : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. DOCKET No. {-
WHAT'S UP EUROPE BRIDALS CIVIL ACTION -LAW
and GEORGE BONNETT
JURY TRIAL DEMANDED
Defendants
COMPLAINT
Plaintiff, Allegro Designs, LLC, by and through its undersigned counsel, Archer
& Archer, P.C., files the following Complaint against Defendants, What's Up Europe
Bridal and George Bonnett, and in support thereof avers as follows:
1. Plaintiff, Allegro Designs, LLC ("Plaintiff'), is a Pennsylvania Limited
Liability Company with a principal place of business located at 95 Eastgate Drive, Camp
Hill, Pennsylvania 17110.
2. Defendant, What's Up Europe Bridals, through information and belief, is a
California Company with its principal place of business located at 125 East Main Street,
Visalia, California, 93291.
3. Defendant, George Bonnett, is an adult individual, through information
and belief, the sole member of What's Up Europe Bridals and maintains a place of
business located at 125 East Main Street, Visalia, California, 93291.
4. At all relevant times, Plaintiff is in the business of manufacturing and
wholesale distribution of children's formal wear and dresses.
5. Through information and belief, Defendant, at all relevant times, is
1
engaged in the retail sale of formal wear and dresses.
6. At all relevant times, Defendant maintained a regular stream of business
and contact with the Commonwealth of Pennsylvania, in particular within Cumberland
County, as a result of Defendants' regular and repeated business contacts with the
Plaintiff and others.
7. Plaintiff and Defendant had an ongoing business relationship whereby
Plaintiff distributed dresses for sale that were purchased by the Defendant.
8. On or about March 24, 2008, Defendant executed Plaintiffs "Terms and
Conditions" to be applicable to and govern all subsequent transactions between the
parties, which are attached hereto and incorporated herein by reference as Exhibit "A."
9. Pursuant to the Terms and Conditions, Defendants agreed to personal
jurisdiction of the Commonwealth of Pennsylvania for all disputes with Plaintiff.
10. At Defendants' request, Plaintiff processed orders for merchandise more
fully described in Plaintiff's invoice number 382, attached hereto and incorporated herein
as Exhibit "B."
11. The principal amount due for the above-referenced invoice is $465.00 for
merchandise, shipping and handling charges.
12. Defendants failed to accept delivery of Plaintiff's merchandise upon
delivery, causing the merchandise to be returned to the Plaintiff.
13. Despite Plaintiff's efforts, Plaintiff has been unable to resell the custom
items that were ordered by the Defendants.
14. Pursuant to the terms and conditions agreed to by the Defendants,
Defendant agreed to pay Plaintiff the sum of $50.00 for all refusals.
15. Pursuant to the terms and conditions agreed to by the Defendants,
Defendants agreed to pay storage fees, as well as reasonable attorney's fees and interest
2
for all refused merchandise.
16. The total sum of refusal fees due from the Defendant to the Plaintiff is
$150.00 on the invoice. The total sum of interest due and owing from the Defendant to
the Plaintiff is $44.91 to date.
17. Pursuant to the Terms and Conditions signed by Defendant, George
Bonnett agreed to the personally liable for all charges incurred by What's Up Europe
Bridals.
18. Pursuant to the Terms and Conditions signed by Defendant, George
Bonnett, Plaintiff is entitled to costs and attorney's fees.
19. Despite Plaintiffs repeated demands for payment, Defendant refuses to
pay Defendant the sums due and owing.
FIRST COUNT - BREACH OF CONTRACT
20. The allegations of the proceeding paragraphs 1-19 are incorporated herein
by reference as though set forth herein at length.
21. Defendants' request for goods and services provided herein and Plaintiff's
agreement to provide those goods for valuable consideration constitute a valid and binding
contract between the parties.
22. The Terms and Conditions were applicable to and governed each of the
transactions alleged herein.
23. Despite Plaintiff's complete performance under the contract between the
parties, Defendant has breached the contract by failing to tender payment thereon.
24. By reason of the facts aforesaid, Defendant has materially breached its
obligations under the contract between the parties, all to the damage of the Plaintiff in the
amount of $659.91, plus continuing accrued interest thereon.
3
WHEREFORE, Plaintiff demands judgment against the Defendant:
a. for compensatory damages in the amount of $659.91 plus continuing
accrued interest and costs of this action; and
b. for attorney's fees; and
c. any other relief deemed appropriate and just by the Court or to
which the Plaintiff is entitled as a matter of law.
SECOND COUNT - QUANTUM MERUIT
25. The allegations of the proceeding paragraphs 1 - 24 are incorporated herein
by reference as though set forth at length.
26. Defendant, as stated herein, requested the custom goods from the
Plaintiff.
27. The Plaintiff fully filled the orders requested by the Defendant, who knew
Plaintiff would expect payment therefore.
28. The market value of the goods and services ordered by Defendant is $465.00
29. It would be unjust for Plaintiff not to be paid for the value of its goods,
together with the service charges and interest alleged herein.
WHEREFORE, Plaintiff demands judgment against the Defendant:
a. for compensatory damages in the amount of $659.91 plus continuing
accrued interest and costs of this action; and
b. for attorney's fees; and
c. any other relief deemed appropriate and just by the Court or to
which the Plaintiff is entitled as a matter of law.
4
THIRD COUNT - ACCOUNT STATED
30. The allegations of the proceeding paragraphs 1 - 29 are incorporated herein
by reference as though set forth herein at length.
31. Plaintiff maintains a book account regarding Defendants' purchases.
According to the records, Defendants owe Plaintiff the sum of $659.91 for goods and
services requested by Defendant.
32. The funds due and owing Plaintiff by the Defendant are fair and reasonable
for the goods and services provided.
33. Although demands for payment have been made, Defendant continues to
refuse to pay the amount due and owing Plaintiff.
WHEREFORE, Plaintiff demands judgment against the Defendant:
a. for compensatory damages in the amount of $659.91 plus continuing
accrued interest and costs of this action; and
b. for attorney's fees; and
c. any other relief deemed appropriate and just by the Court or to which the
Plaintiff is entitled as a matter of law.
Dated: March 4, 2009
Respectfully Submitted,
Archer & Archer, P.C.
By:
Thomas A. Archer, Esquire
PA Atty. ID # 73293
2515 North Front Street
P.O. Box 5056
Harrisburg, PA 17110
(717) 233-8676
Attorney for Plaintiff
5
Exhibit "A"
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VERIFICATION
I, William Jupitz, hereby verify that the statements made in the foregoing Complaint are
true and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn
falsification to authorities.
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Archer & Archer, P.C.
By: Thomas A. Archer, Esquire
2515 North Front Street
PO Box 5056
Harrisburg, PA 17110-5056
717.233.8676
ALLEGRO DESIGNS, LLC,
Plaintiff,
V.
WHAT'S UP EUROPE BRIDALS
and GEORGE BONNETT
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET No.: 09-1386-Civil Term
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
AFFIDAVIT OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Complaint was served
with original process by United States Mail, postage pre-paid, and by certified delivery
(No. 7008 3230 0003 5334 6634) to the following Defendant pursuant to Pa. Rules of
Civil Procedure No. 404. A true and correct copy of the certified mail, return receipt
requested card is attached hereto as Exhibit "A." An original return receipt card will be
provided upon request by the Court or any party:
What's Up Europe Bridals
and George Bonnett
125 East Main Street
Visalia, CA 93291
Dated: June 3, 2009
1_?) -N
By:
---Thomas A. Archer, Esquire
PA Atty. ID # 73293
2515 North Front Street
P.O. Box 5056
Harrisburg, PA 17110
(717) 233-8676
Attorney for Plaintiff
Exhibit "A"
Y
K Complete items 1, 2, and 3. Also complete
hem 4 If Restricted Delivery is desired.
2 Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the,back of the mailpiece,
or on the front If space permits.
1. Article Addressed to.
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D. Is dellmy address different from item i?
If YES, enter delivery address below: 0 No
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13 Insured Melt
4. Restricted Dellve
2. Article Number 7008 3230 00035334
PS Form 3811, February 2004 Domestlo Return Reoalpt
D Opess Mall
Mllitum Receipt for Merchandise
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6634
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CERTIFICATE OF SERVICE
I, Jessica Porter, Paralegal, hereby certify that on the date set forth below I served a true
and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class
Mail, addressed as follows:
What's Up Europe Bridals and
George Bonnett
125 East Main Street
Visalia, CA 93291
Date: June 3, 2009
a&Q vxj?
Jessica Porter, Paralegal
Fwd- rtE
OF "t FROT ' TARY
2009 JUN -5 FM 3: 55
;.
cum f-3- , L _, . U ti;
Archer & Archer, P.C.
By: Thomas A. Archer, Esquire
2515 North Front Street
PO Box 5056
Harrisburg, PA 17110-5056
717.233.8676
ALLEGRO DESIGNS, LLC,
Plaintiff,
V.
WHAT'S UP EUROPE BRIDALS
and GEORGE BONNETT
Defendants
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET No.: 09-1386-Civil Term
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
TO: What's Up Europe Bridals and
George Bonnett
125 East Main Street
Visalia, CA 93291
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A RESPONSE TO THE
COMPLAINT THAT WAS SERVED UPON YOU. UNLESS YOU ACT WITHIN TEN (10) 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 NOTICE TO A LWAYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN
GET LEGAL HELP:
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
DATED: June 3, 2009
By: zg=
Thomas A. Archer, Esquire
2515 North Front Street
P.O. Box 5056
Harrisburg, PA 17110-0056
(717) 233-8676
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Jessica Porter, Paralegal, hereby certify that on the date set forth below I served a true
and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class
Mail, addressed as follows:
What's Up Europe Bridals and
George Bonnett
125 East Main Street
Visalia, CA 93291
Date: June 3, 2009
Jessica Porter, Paralegal
FLF[?--F1
OF THE '-,,_ `GARY
2009 JU 19 PM I : 12
TI)i
Archer & Archer, P.C.
By: Thomas A. Archer, Esquire
2515 North Front Street
PO Box 5056
Harrisburg, PA 17110-5056
717.233.8676
ALLEGRO DESIGNS, LLC,
Plaintiff,
V.
WHAT'S UP EUROPE BRIDALS
and GEORGE BONNETT
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET No.: 09-1386-Civil Term
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER,
ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS, AND
NONMILITARY SERVICE
TO THE PROTHONOTARY:
Enter judgment for want of an answer for Plaintiff and against Defendants above-
named only and assess damages certified to be calculated as a sum certain from the
Complaint, as follows:
Principal $465.00
Refusal Fees: $150.00
Interest: $66.24
TOTAL $681.24
Understanding that false statements made herein are subject to penalty under 18 Pa.
C.S.A. § 4904, Unsworn Falsification to Authorities, I verify that:
1. The above are the precise last known addresses of the parties.
2. The annexed notices(s) of intention to file a Praecipe (Exhibit "A") were
mailed to all parties Defendants and to their record attorneys, if any, after
default occurred, and at least ten days prior to the date of filing of this
Praecipe.
The said Defendants are not in the military service of the United States or
otherwise within coverage of the Soldiers and Sailors Relief Act and are
over 18 years of age (Exhibit `B")•
THIS DAY OF n , 2009, JUDGMENT IS ENTERED IN
FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS BY DEFAULT FOR WANT
OF AN ANSWER AND DAMAGES ASSESSED AT THE SUM OF $531.58 AS PER
THE ABOVE CERTIFICATION. NOTICE GIVEN PURSUANT TO Pa.R.C.P. 236.
Respectfully submitted,
ARCHER & ARCHER, P.C.
By:
PR THONOTA
Thomas A. Archer, Esquire
PA ID# 73293
2515 North Front Street
P.O. Box 5056
Harrisburg, PA 17110-0056
717.233.8676
Attorney for Plaintiff
Exhibit "A"
LAW OFFICES
ARCHER & ARCHER, P. C.
THOMAS A. ARCHER, ESQ.
Admitted PA & NJ 2515 NORTH FRONT STREET
JENNIFER BUSH ARCHER, ESQ. P.O. BOX 5056
Admitted PA & NJ HARRISBURG, PENNSYLVANIA 17110-0056
(717) 233-8676
FAX: (717) 233-8675
www.urcherandarcher.com
June 3, 2009
What's Up Europe Bridals and
George Bonnett
125 East Main Street
Visalia, CA 93291
NEW JERSEY OFFICE:
37 MOUNTAIN BOULEVARD
SUITE 1
WARREN, NJ 07059
(908) 995-2000
FAX: (908) 995-2104
RE: Allegro Designs, LLC v. What's Up Europe Bridals and George Bonnett
Cumberland County CCP Docket No.: 09-1386-Civil Term
Dear Mr. Bonnett:
Enclosed please find a Ten (10) Day Notice of Default regarding this matter
because you have failed to take action with respect to a Complaint that was served upon
you via certified and regular mail on March 10, 2009.
This is a serious matter. If you fail to take action with respect to the afore-
mentioned Complaint, the Plaintiff may take a Default Judgment against you and you
could lose rights or property as a result of your inaction.
Please be guided accordingly.
Very truly yours,
T omas A. Archer
TAA/jrp
Enc.
CC: Allegro Designs
Archer & Archer, P.C.
By: Thomas A. Archer, Esquire
2515 North Front Street
PO Box 5056
Harrisburg, PA 17110-5056
717.233.8676
ALLEGRO DESIGNS, LLC, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. : DOCKET No.: 09-1386-Civil Term
WHAT'S UP EUROPE BRIDALS CIVIL ACTION -LAW
and GEORGE BONNETT
: JURY TRIAL DEMANDED
Defendants
IMPORTANT NOTICE
TO: What's Up Europe Bridals and
George Bonnett
125 East Main Street
Visalia, CA 93291
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A RESPONSE TO THE
COMPLAINT THAT WAS SERVED UPON YOU. UNLESS YOU ACT WITHIN TEN (10) 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 NOTICE TO A LWAYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN
GET LEGAL HELP:
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
DATED: June 3, 2009
By:_
Thomas A. Archer, Esquire
2515 North Front Street
P.O. Box 5056
Harrisburg, PA 17110-0056
(717) 233-8676
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Jessica Porter, Paralegal, hereby certify that on the date set forth below I served a true
and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class
Mail, addressed as follows:
What's Up Europe Bridals and
George Bonnett
125 East Main Street
Visalia, CA 93291
Date: June 3, 2009
Jessica Porter, Paralegal
Exhibit "B"
Request for Military Status
Page 1 of 1
Department of Defense Manpower Data Center
JUN-16-2009 11:04:35
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Last Name First/Middle Begin Date Active Duty Status Service/Agency
BONNETT GEORGE Based on the information you have furnished, the DMDC does not possess any
information indicating that the individual is currently on active duty.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the
information that you provided, the above is the current status of the individual as to all branches of the
Military.
AMY, In. 4%*j_ A??
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50
USCS Appx. §§ 501 et seq] (SCRA) (formerly 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 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 is on active duty, or is
otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of
the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL
provided below. If you have evidence the person is on active-duty and you fail to obtain this additional
Military Service verification, provisions of the SCRA may be invoked against you.
If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name),
you can submit your request again at this Web site and we will provide a new certificate for that query.
This response reflects current active duty status only. For historical information, please contact the Military
Service SCRA points-of-contact.
See: http://www.defenselink.mil/fi /Ris/P09SLDR.htm1
WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the
requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report !D: BHFZGZYMVYI
https://www.dmdc.osd.mil/scra/owa/scra.prc-Select 6/16/2009
CERTIFICATE OF SERVICE
I, Jessica Porter, Paralegal, hereby certify that on the date set forth below I served a true
and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class
Mail, addressed as follows:
What's Up Europe Bridals and
George Bonnett
125 East Main Street
Visalia, CA 93291
Date: June 16, 2009
Jessica Porter, Paralegal
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