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HomeMy WebLinkAbout09-5541IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: Qq - 55y CJtY?? tl°.t`*L VS. COMPLAINT IN CIVIL ACTION JOY M MOWERY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07514282 C A Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No JOY M MOWERY Defendant COMPLAINT AND NOTICE TO DEFEND 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, is a corporation with offices at 6500 New Albany Rd, New Albany, OH 43054. 2. Defendant is adult individual(s) residing at the address listed below: JOY M MOWERY 367 MCALLISTER CHURCH RD CARLISLE, PA 17015 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX0031 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of July 23, 2009 , in the amount of $7635.19 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $125.00 . 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant , JOY M MOWERY individually , in the amount of $7635.19 with interest at the legal rate of 6.00011 per annum from date of judgment plus attorneys' fees of $125.00 , and costs. James Aff. Wa r t,42524 WELlb WEINBERG & REIS CO., L.P.A. 436 v nth Avenue, Suite 1400 Pit gh, PA 15219 (41) 34-7955 F AV: 2-338-7130 0741 82 C A Pit SJS This law firm is a debt collector att?ting to collect this debt for our client and any information obtai will be used for that purpose. e./tJt.?>;.=" ? LIB CARD $0.00 $1,481.00_ Payment Due Date May 25, 2009 30 SDSN6A01 0004737 JOY MOWERY 367 MCALLISTER CHURCH RD r?- - CARLISLE PA 17015-8963 Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. Enter Amount Enclosed below Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the same day. Visit Discover.com/payments today. PO BOX 6103 II1 111I1 1111111 111 1111 111 11 CAROL STREAM IL 60197-6103 111111 11111111 11111111111 11111jII I I I I I I I II I IIIIIInI I I I I I II I I I 000001986618253220268000000000000000148100 Discover Open Road Card Account Summary Closing Date: April 30, 2009 page 1 of 1 Account number ending in 0031 Previous Balance $7 635 19 Payment Due Date May 25, 2009 Payments And Credits , . - 7 635 19 Minimum Payment Due $1,481.00 Purchases , . Credit Limit $8,700.00 Cash Advances + 0.00 + 0 00 Credit Available $0.00 Balance Transfers . + 0 00 Cash Credit Limit $6,500.00 Finance Charges . + 0 00 Cash Credit Available $0.00 New Balance . = $0.00 Cashback Bonus' Opening Cashback Bonus Balance $ 0 00 Gas & Auto . New Cashback Bonus Earned + 0.00 - Cashback Bonus Balance $ 0 00 Cashback Bonus® Anniversary . Date: February 16 How Can We He) You) p 1 • Visit Discover.com to pay your bill for no cost, view your It's your choice - 3 ways to help latest Account information, earn and redeem rewards and more 2. Call 1-800-DISCOVER (347-2683) for fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guaran tee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Apr 30 Apr 30 INTERNAL CHARGE-OFF $ -7,635.19 EXHIBIT Finance Charge Summary current billing period: 14 days Nominal Average Daily ANNUAL ANNUAL Daily Periodic PERCENTAGE PERCENTAGE Balance s Rates RATES RATES Purchases $0 0.07942% 28.99% F 28 99% Past Purchases $0 0.07942% 28.99% F . 28 99% Cash Advances $0 0.07942% 28.99% F . 28.99% The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Transaction Periodic Fee FINANCE FINANCE CHARGES CHARGES $0 $0 $0 $0 $0 $0 Important Information. If there is more than one page to this billing statement, see the back of each page for additional important information See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account rn 0 Lost or stolen cards. Report immediately! Call 1-800-347-2663. Zz Billing Rights Summary. In Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if u need more information about a o transaction on your bill, write to us on a separate sheet of paper at Discover Card: PO Box 30421, Salt Lake appeared. UT 84130-0421, as soon as possible. We must hear Trom you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but $ .Your doing so will not preserve your rights. In your letter, give us the following information: °a name and Account number. -The dollar amount of the suspected error. o *DDoutbe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure o You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Speclal Rule for Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the ggoods or services. You have this protection only when the purchase price was more than $50 and the purchase was made in your home state or wthin 100 miles of your mailing address. (If we own or operate the merchant, or if we mailed you the advertisement for the goods or services, all purchases are covered regardless of the amount or location of purchase.) Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your payment if you send the payment to any other address or if you use an envelope other than the one provided. Payments received on or after 1 PM Monday through Friday or on a weekend or bank holiday will be posted to your Account as of the next business day. If you have misplaced your envelope, send your payment to Discover Bank, PO Box 6103, Carol Stream, IL 60197-6103. Please allow 7-10 days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1.800-347.2683. You will need this statement and your bank account information. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. You will be asked to provide the first 5 digits of your account statement zip code. By entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize from your bank account and to initiate debit or credd entnes to your bank account as applicable to correct an error in the processing of such payment You must tell us the amount of each payment or you can select an amount such as the }Minimum Payment Due or the New Balance on each statement You can cancel a payment, however we must receive notice at least Nree business days in advance of the scheduled payment. You may notify us by phone at 1-800-347 2683 or by mail at address listed in the previous Para ggraph. If your payments may vary in amount we will tell you on each monthly statement when your payment will be made and how much it will be. Your Automatic payment amount may be lass than indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report We normally report the status and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete please write us at the following address: Discover Card, PO Box 15316, Wilmington, DE 19850-5316. Please include your name, address, home telephone number and Account number. PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account until the date you pa your entire New Balance, by makingg ppaayments or receiving credits. However, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that statement,,and you pay the New Balance by the Payment Due Date on your current billing statement, we will not impose Periodic Finance Charges on new purchases that is purchases first appearing on the current statement We call this the grace period. Otherwise, you will receive a billing statement next month that includes Periodic appearing Charges on those new purchases. There is no grace period on balance transfers or cash advances. We sort your transactions into groups of purchases cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to these groups as transaction categories At the end of each billing period, we compute balances and Periodic Finance Charges for each day of the billing period for each transaction category. We use the following equation to compute Periodic Finance Charges for each transaction category. Average Daily Balance x number of days in the billingg period x Daily Periodic Rate. (You may refer to the finance charge summary, on your billing statement for these amounts.) Then we add up the Periodic Finance Charges for each transaction category to gel the total Periodic Finance Charges for your Account The Average Daily Balance is shown as zero if, because of the grace period, no Periodic Finance Charges apply to the balance in a transaction category. We use the two-cycle daily average balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. This means if you did not pay the New Balance shown on the billing statement you received during the previous billing period by the Payment Due Date shown on that statement, we will impose Periodic Finance Charges on new purchases that first appeared on that billing statement, as well as new purchases that first appear on the current billing statement, unless we already imposed Periodic Finance Charges on the purchases on your previous billing statement. We compute the Average Daily Balance for each transaction categorryy by adding up all the dairy balances in a billing period for a transaction Categgory and dividing the total by the number of days in the billing cycle. We compute the daily balance for each transaction category on each day byTirs adding thelollowing to the previous day's daily balance: transactions made that day, tees charged that day and Periodic Finance Charges accrued on the previous day's dairy balance; and by then subtracting any credits and payments that are applied against the balance of the transaction catego on that day. In calculating the daffy balance for the first day of the, billing period, we consider the previous days balance" to have been your bry alance for each transaction category on the last day of your previous billing period. If a transaction is posted to your Account after the close of the billing period in which it occurs, we will treat the transaction as having occurred on the first day of the billing period in which it is posted to your Account All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction category. When a special balance transfer rate expires, we move the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges to the standard purchase transaction category. However, if the special rate has been terminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges in the applicable transaction category until the special rate would have expired. For TOO (Telecommunications Device for the Deaft assistance. please call 1-800-347-7449 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is Ashley Kaltenbach (Name) Accounts Manager of DFS Services LLC , plaintiff herein, that (Title) (Company) she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. t( JJH (Sign re) WWR# 7514282 Joy M. Mowery '6011298872850031 Q LED ;. x'18. So Po A`rj QT* .1m9(0/ Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy OF€iCE OF THE S-ER,FF FIEDF;UL t Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor zaa94c 2sc? ?_ -o Discover Bank vs. Joy E. Mowery Case Number 2009-5541 SHERIFF'S RETURN OF SERVICE 08/27/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Joy E. Mowery, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Joy E. Mowery. Request for service at 367 McAllister Chruch Road Carlisle, PA 17015 is vacant. The Carlisle Postmaster has advised the defendant's mail is delievered to address given. An exact address is not available. SHERIFF COST: $38.40 August 27, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF F 1 , ~-.,f ~C T~~ j', r Zp~c Jut,-~ PM r~ ADO ~'f'~t ..` .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Ta1/NNS1'~VANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JOY M MOWERY defendant No. 09-5541 CiViL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THi5 PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7514282 Judgment Amount $ 6760.19 I~f 00 P q ATTS! e~ 45ac~a4a ~,* 0115 r/03 ~c~z, ILI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIViL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-5541 CIVIL TERM JOY M MOWERY Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Ju gment was entered against you. on !0 (xx) Assumpsit Judgment in the amount of $6760.19 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award GEOFFREY BIRINGER, ESQUIRE MIDPENN LEGAL SERVICES 401. E LOUTHER ST CARLISLE, PA 17013 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 -888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-5541 CIVIL TERM JOY M MOWERY Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Judgment was entered against you on /p (xx) Assumpsit Judgment in the amount of $6760.19 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration wil] be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award B P JOY M MOWERY 296 WALNUT BOTTOM RD CARLISLE, PA 17013 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 Ti' Avenue, Pittsburgh, PA 15219 1-888-434-0085 Prothonotary IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVTSION DISCOVER BANK Plaintiff vs. Civil Action No. 09-5541 CIVIL TERM JOY M MOWERY Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, JOY M MOWERY above named, in the default of an Answer to the Amended Complaint, in the amount of $6760.19 computed as follows: Amount claimed in Amended Complaint $6,635.19 Attorney's Fees $125.00 TOTAL $6760.19 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG &REIS CO., L.P.A. By' -- .lames C. Warmb dt, Esquire PA l.D. #4252 WELTMAN, E .BERG &REIS CO., L.P.A. 1400 Koppers uild' g 436 Seventh venu Pittsburgh, A 1 19 (412)434- 55 W WR#7514282 Plaintiffls address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`~' Avenue, Pittsburgh, PA 15219 And. that the last known address of the Defendant is: 296 WALNUT BOTTOM RD, CARLISLE, PA 17013 IN 'T`HE Ct3URT QF C®MMt~PI PLEAS OUMBERLAND CC3UNfiY, RENNSYLVANIA CIVIL RIVISIQN pla.COVER BANK Riw}ntiff• Ces~ Na. 09.6641.eIVIL TERM u~, JOB' M MQWr~Ft~` R~tew~ailt" ~~~~"~ ~: JQY M MQWERY 221 RINE GROVE RD ARDNERS, PA 17324-8946 C/O GEOFFREY BIRIN4ER 401 E. LOUTHER STREET CARLISLE, PA 17013 Date of Notice: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE iN WRITING WITH THE .COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A .JUDGMENT MAY BE ENTEREQ AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS RAPER 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 WI`~H INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABC?UT AGENGIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLIBI_E, PA. 13013 (717) 249-3186 WELTMAN.INBERQ ~ REIS CO., L.F'.A. By: Matthew Urban P,A.I.D.# 80983 WELTMAN, WEINBERG &REIS CQ., L.P.A. 438 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15218 Phone: (412) 434-7855 7514282 A PIT LIR IN THE C©URT OF CC?MMON PLEAS CUMBERLAND Cf~UNTY, I~ENNSYLVANIA CIVIL DIVI3IC?N QISCQVER BAND Plafnti€t C~s~ Nv. rT8-6i5a1 CIVIL TERM u~. JAY M MQWBI~Y pefandant IM~'Q ~'A ~' N~9'IG TO: JOY M MQWERY 221 PINE GRAVE RD GARQNEF~S, PA 17324-$948 /O GEOFFREY BIRINGER 441 E. LOUTHER STREET CARLISLE, PA 17013 ^~ Date of Notic+s: ~"'° YOU ARE IN DEFAULT' BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.. UNLESS YOU ACT WITHIN, TEN DAYS FRAM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A NEARING AND YOU MAY LOSE YOUR PROPERTY OR QTHER 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, TH15 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 9OUTM BEDFORD ST'REE'T CARLISLE, PA. 17013 (717) 249-3i~3 WELTMAN, Vy~IµBBRG ~ REIu CO., L.P.A. ~y: Match®w Urban P.A.I.D.# 90863 WELTMAN, WEINBRRf & REIS CO., L.P.A. 436 Seventh Avenue, 1x00 Koppers Building Pittsburgh, PA 1`3219 Rhone: (412) 433-79515 7S1a2$2 A PIT LIR IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION DISCOVER BANK Plaintiff vs. JOY M MOWERY Defendant Case no: 09-5541 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within. Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, JOY M MOWERY is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, JOY M MOWERY is not in the military service. Further Affiant sayeth naught. . Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 May- i 0-2010 11:47:22 '~: Last N First/Middle Begin Date Active Duty Status Active Duty End Date Service A ame ency MOWERY JOY M Based on the information you have furnished, the DMDC does not possess any information indicatin the individual status. 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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). ~~ ~-~- 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 DoD strongly supports the enforcement of the Service Members 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 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 status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., 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 active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of contact. httr~e~//www drn~ir ncr) mil/~nni/ct~ra/nnnre*nnrt yin 'S/t (1/x(11(1 .. Request far Military Status Page 2 of 2 hfore ir~Jorntat~on on "Active ,Duty ,status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of mare than 30 consecutive days. In the case Qf a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § ~02(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 TARS, Marine Corps ARs and Goast Guard 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) for a period of more than 30 consecutive days. Coverage Under the SCRA ~s Broader ~n Some Cases Coverage under the SCRA is broader in some eases 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. 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 SCRA extend beyond the last dates of active duty. Those who would 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 name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:UDQQOVpCHN ~ittr-c~//www rimrin ~~r~ mil/ata~ai/c~rw/nnnrPnnr# ~~ 5/1 n/?(11 f1