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Home My WebLink About10-4486MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7151 MAZDA AMERICAN CREDIT P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. THOMAS TERRY 420 Harris St Harrisburg, Pa 17102 LINDA TERRY 621 Grandview Ave. Camp Hill, Pa 17011 Defendant(s). ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. l0 - 448(o &.11-Farm CIVIL ACTION COMPLAINT 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 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. AVISO N Z - 1•:-:- F' _. v Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o can un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demands en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADOIMMEDIATAMENTE. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION FIND OUT WHERE YOU CAN GET LEGAL HELP. SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service O 2 Liberty Avenue, S Carlisle, PA 17013 (717) 249-3166 d qa 00 P p ATW c* aa408 2A ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (21-')) "/89-7151 MAZDA AMERICAN CREDIT P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. THOMAS TERRY 420 Harris St Harrisburg, Pa 17102 LINDA TERRY 621 Grandview Ave. Camp Hill, Pa 17011 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. CIVIL ACTION COMPLAINT 1. Plaintiff, Mazda American Credit, is a Corporation with its principal place ofbusiness at P.O. Box 6508, Mesa, State of Arizona. 2. Defendant, Thomas Terry, is an individual who resides at 420 Harris St Harrisburg, Pa 17102. 3. Defendant, Linda Terry, is an individual who resides at 621 Grandview Ave. Camp Hill, Pa 17011. 4. At all times relevant, the Plaintiff was in the business of loaning money on motor vehicle installment sales contracts, including but not limited to the note signed by Defendant(s), hereinafter more fully described. 5. On or about July 29, 2005, the Defendant(s) entered into a written Motor Vehicle Retail Installment Contract, (hereinafter referred to as the "Contract"), for the purpose of obtaining financing in the amount of $23,708.61, at an annual percentage rate of 11.790%, in order to purchase a certain motor vehicle, a 2005 Mazda 6, more particularly described in the Contract (hereinafter referred to as the "Vehicle"). A copy of the Contract is attached and marked as Exhibit A. 6. Pursuant to the Contract, Defendant(s) was required to make monthly payments in the amount of $524.87 for a period of 60 months until the loan was paid in full all as is more fully set forth in the Contract. 7. Defendant(s) made payments until January 16, 2008, but has failed to make any further payments thereafter, and are therefore in default of the Contract. 8. As a result of the default by Defendant(s), and pursuant to the terms of the Contract, all balances due on the Contract are subject to finance charges in the amount of 11.790% until such time that the balance is paid in full. 9. By reason of the default, the Defendant(s) is indebted to Plaintiff for the balance of $20762.34. See copy of Payment History attached and marked as Exhibit B. 10. In addition to the foregoing, there is due from the Defendant(s) interest in the amount of $4386.06. 11. The total amount due and owing is $25148.40. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $25148.40 as well as additional interest that may accrue and such other and further relief as this Court may deem equitable and just. submitted, i )?f LEMAN, P.C. QEEDLEMAN, ESQUIRE for Plaintiff Date: July 2, 2010 VERIFICATION I, JOANN NEEDLEMAN, ESQUIRE, verify that I am the Attorney of record for Plaintiff, FORD MOTOR CREDIT COMPANY LLC, A DELAWARE LIMITED LIABILITY COMPANY, and duly authorized to make this verification on its behalf; that statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. BY: DATED: July 2, 2010 PENNSYLVANIA P INTEREST VEHICLE RETAIL INSTALMENT CONTRACT DATE 29 JUL ZOOS LLE SIIM Y o C?I1 tNyer spHJ apiL]RDA ftl') I HUn Pw"M County slid Zp Cotle) ' CR d l.? u1?1 RR??2 SUBARU 621, GRANDVIEW AVENUE $ A11 3233 PAXTON STREET HARRISBURG ?J- - HARRISBURG, PA PA 17011 17111 Yw• b Buys (.m C"urlr. It amp .sty buy b v.Mak waerw.d b.kw for fish 'TaW Sd. RIe" Mown bbw b b coat fAlo.- M algrarq ink s.rarast su eb a oe eradx Ths'•Cash Pka" wic" b.law w b oath ON of b mwht, TM k c N.w/lbad Vwr arltl Make ModM y GV W r Truck bs. .s. ry an v.dM urlew 1M aymnw Wi id. IGw,IHkMliun Numyr M. an 1-r hent rd iwek d tree aararset Ub For WNdI Pumn9s B0 NEW OS HAZDA 6 1YVHP82D95SH48724 MU PAQ011r 17Agnerel ? Canmerdal Tn.. 96 SUBARU S 2164.00 $ 2164.00 INSURANCE Y- -it Mel. G1Oct Aaowep. Amount Owing YOU MAY OBTAIN VEHICLE INSUR- ITEMIZATION OF AMOUNT FINANCED ANCE FROM A PERSON OF YOUR 1. Cph Prim .. .. .. .. ... . • S_-L6333 .01;/1 CHOICE. 2. Down PaY+nsnt 5 3000.00 Third Parry Rahab Ass and to Creditor YOU ARE NOT REQUIRED TO OBTAIN ........ Cash Down Payment. S 2384.00 CREDIT LIFE, CREDIT DISABILITY _ Traft4n 2B SU1MUI 2164 00 g 1 4 00 AND OTHER OPTIONAL INSURANCE . . S1-4A rubes osnwe THIS CONTRACT WILL NOT INCLUDE Total Down Payment ..................... S 5384.00 (2) THEM UNLESS YOU SIGN AND AGREE TO PAY THE PREMIUM 3. Unpaid Cash Prim Babnee (1 minus 2) ........... S - 2naa9 on (3) . 4. Amounts Paid on Your Behalf (Seaw mray b. nlabdng . Portion of Vomit ameums) THIS CONTRACT DOES NOT INCLUDE To Imurrea CompaNaa for Cradh Ufa I ct) nwnnoe (for tame d conra t N/A LIABLITY INSURANCE COVERAGE ....... p Credh Insurance 1 ? 2 2 ) ER FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS. .0 9 w s R!R ?)) . y0-- To k m ( 4 Rje fS 22 )• a (Bplalr6a0n (S ? Credt Life _ (a)kr filing isea$ /1 S N/A LINDA NR ?' (iii) for texas (not in Cesh Price) S 1347.66 5 1462.61 Premium Insured(s) To tar S N/A To for $ N/A Signature(s) To II KNFR TOYOTA NAZDA TIRE TAX $ 5.00 To for $ N/A credit Total........... ......... $ 2759.61. ?Disability N/A 5. Amount Financed (3 Plus 4) ................. S 23708.61 (S) Insurer 5 N/A FE DERAL TRUTH414- LENDING DIS CLOSURES Premium Insured ANNUAL FINANCE Amount Total of Tow Sala PERCENTAGE CHARGE Financed Payments Prim Signature RATE Th doer embus Tr ama.d Th..mmaN The tom cost The tail of you, credit aw cram veil rosl You of creoh id d Y. will haw a d Wh d yoo Pachaae ?X TALCCARE 60 TOTA w a y.any raw, wm e t p i im ou h on credL L r o you or on ymr bah.a ew Y rude °n p $ rl. o 17N5A Epg4)maurarate 1TA Nummr of Amount of Each when P b Payment Sehadule - ? Paynwnb payment are due Your payment schedule - Go S 624.•87 monthly stoning w10 be: 1 final 3 N/A 28 AUG 2005 - p ym.nt: You PAY Off Your debt eady, you rrol w to pay a perlsay. j Lab Payment You must PaY a isle charge on the potion of eaCh Payment received muse then 10 dsYS We. The charge is 2 Percent of the late amount or $50.00, whictur er la loss. S.wnty Intena.t: You are gluing a seamy interest in the vehicle being purdlaaed. I• Contraeb Phase See this contract for additional information on saarrry interact, npnpaynlerlL default, alit right to repuire -payment of your debt in 11 it belore the M!, not To your convect?oagasan, you may Ina ft whido, suit Any ay v01 au wNd. and mlomY or gook M..K d DD not sign this contract In blank You are entitled to sn exact copy of the contract you sign. Keep N to protect youp legal rights. 61DN8 (Ito) aUYER BIGNS Buyer (and Co-Buyer) ecknow go at ) before si ni this and revMwrod a true and com / tilb, in copy s col Contra Buys (and uyer a true and completely IN and Chan Disability l4urann 1-A r 1rrn1 a tm a.nmaoL 7m .alolwn and 00vi npn an shown Ina nodes or gremwem gl..n so you teary. You roue imun it* Vs hl It a .large 4 .hewn blow, des Cradhor .1-o try to buy tine oo.ragaa Cmawd roe are Tian .hewn. cover ages will be band w lln cash wan of the .ahlcM r tlb of k.1-, but not nitre sun the 11.11. of b. poky. ? coopahenahn ? s N/A o.d+cs. Cceiaion ? F.-Th.a-COnan.e Additional 0-rage ? Towing and labor Prwrur.S KIA-_ ? Will CawwMm W.Irer Addwgm (Op.onel) 11 1111- bo. it Meond you Iras corderd . d.o c nomft n wafer. Pulver d sic maupa u .P" am . not ra4uk.d to CbaN onto 7h tam and condaow of au d.M onts a11an wWe ere ed kM M he 21001W Addaldwn whim Is kmorpoulad into aia awnaao. The Pdcs kr ere dea rJnn11eson wan'.r it fit Imh - b1- oonaao N itw 11 mba11pl d Amount Fsandd under asMn 4. 61rrw 151 wa?.e1,.qnltwalwbpy, aep 1t IINLUR Vb!\dU . anus loo-oft a1k, rnnrsL a no alter M 1 yfiannlad in a aprr. - QUESTIONS? . . re11/LAat If ftmoJao..a &- 1 Y -can C_nd1 ® M111.1111t ?Y gal/fJ.C?__ v^ +>wr.sl asA to (awNO,w.wron aver ks.aa) SEE BACK FOR A60MMAL AGREEMENTS. MazdaAmericanCredt. PLEASE CALL US AT 1-a00445.60Ga or Vbit us al .Yww.ma:Aacredit.oom ORIGINAL 03.002 Mazda American Credit AUTO CHECK Payment Plan Enrollment Authorization e"'w0j'wc.a.wa.,mr.a.a.sm.rw?1-.orove.u.arlabeb..lwr..maa.w.ecb+..®.c .wr.?cw,w.+b?i.e 'er+.enN tram M w.nulm siew+asv A w1-. Cnm w+r a u ..fig wu re rsa.wam br a awaw M Tel mein .b..nw.e.mc.n o ?r+m.•«eaa.y w.ar a..o+a.. awr 1-?wrw: eeaa aeon ?nw....mre.a. ?.+.?.®.ebh.?wwa., tow. I 1-w 1: ?rw.arr°r ie. wa..w ?.bawMe. LNUOA ?4luw.cT<.T/ i 1- ?..a.em1?? ?`. b.ww.ee vent s-+•c'a•1e•m Ams,a 1-e... M.?. r.mw, bwbabw.n ti '?' ^« ?..? .b veto .1.11. a.al .am.. ax e.e.aaw..mbe.?wm.. .w.aa.m r..rwr..m M... [Telco eewo.w wo,smM.e chain smd .?,: si.,aaaw M..wmwrm p ,M?.?T a. etl ?a°0M' .1-.c... 1..m vent.. r..tif.. awAG.ar ?+al Mnwrn a,..,. e.awe a Vac ems, ?.r;, ertr..ei l,em fA„ew as ev"^ Cwewr 6Aya . 1-W ! ay 9 n ? ltlpbwrp aY.rpr 4t.a asen1-r bawwew?afm..b?.aW 1-v wM?ww?W.rlmCpwpgal/ 0.4 ?•.• ww. tai .a o1-ae. M.o. e.. stlMa 1s.nmw,.1N TrrbOYo IrFlemO .ee ryNe 1?r..er i. _ rn+•.Mdr c..e. cam rnx•a.lmi.car ZS\ J S\ r8 ADDITIONAL A. P89 101 and Summary MOO=.- You must nuke all payments in U.S. funds when they are due. You may prepay your debt at any Sme without penally. This Is a simple IntafaSSl# WO7MAiIulSillnos charge you agtw b pay wB dap" on y®slplyfSBB)AA5ffi6 he actual firm" Marge may 6xce40* ylWAGNBABDrANgVAW I YOU make your payments later than to scheduled dabs or In less than the aMedued amount. The Cnxlw will apply yaw payments first to the famed and unpaid part of the Finance Charge and own to the LapaW Amount Financed. The Creditor Serra the Finance Clsrge by MOO the Annual rcardege Asia to the upald Amount Financed for the actual-lime rlgM kalsfordNp. H the vsl I. ninie w nc aw a toe reinstall the contract unless ifs Creditor agrees. 3Wh AGREEMENTS F. DNauIL• You wig be in cidaullH: 1. You do not make any psymim whonk b dufjWct HT 13A 2. Yuu.gsve tabe or n k Wa" trtormal fMSFA MRH SSZ applkxtlonrshft fohbwr"W R4 1RNDTBIRRDH 3. Your vehicle b sell ed by any local, see, or fed" authority and a not promptly and unconditionally retuned to you; or 4. You Be a bankruptcy petition or orbs a Mad agaket you; or 5. You do not keep any cedar agreement in he contract. If you default, y~ay ~ p led expenakWbted to enforckp this mnI , ktlu6g wMdbn expenses, iawWa fees 3I0WA cam legal expsrwas. Also, M you default the Creditor may require you b pay at Oros the unpaid Amount Financed, the famed and unpaid pan of the Finance Charge. and ak other amounts due under he co track. He may repossess (lake beck) ha vshkb loo. He . may aiso take goads found In the vehicle when repossessed and hold rem for you. & Seconty fabreM.- You give as Creditors, seafrly, btsrset in: 1. The vehicle and all pans cr otlargoods put on he vWdde• 2. Afimonsyorgoodsrecehsdforlhevehiols:and Sf-TdUS 3. All Insurance promlums andsarvk:scomnkas erwroed for YOU. SS .BSs# SS.BBtS ThIS Sepses payment of all amounts you owe In this contract. HIM44 "cures yaw other agreemems in gds oontracl, 90.9wa C. Use of Vehicle - WARRANTIES: You roust take caresellIm gge and Obey all laws In Using H. You may rat sae at red tle vehicle, and you must keep it free from he cl km of others. You wla not use or pens the use 01 ho "erne. We of the United Staes.Mp1 for up to 30 days in Canada a Malice, wilhuowt the prior w M%tysenf of lhs Creditor. M the vehicle Is of a type wai nsify used for 2g3T, ,y?redllfr, or the vel kolo's manufacturer, 'N?tTG1?i''? My Or service contract covering the vehlids, w implssd w s?i Mallpfldlry aI at this nd abless?for,' l y?dFF?? SIpAg1PPal purpose covering the vehicle. ODtweS, you unda>SSnTd9Ad agree hat there are no such Imp6ad werraMib, es b othowles provided by slats law. tIE ,SSL l 0. heuwarnce: You must Insure yourself and the Creditor against loss or 2R3TI&ANNMU IMM he Creator must approve 111164 1md amount of kwuarce. I are Creditor obtains a refund 94110M W for Servks olnnllba, VW CBtlGO M subbact the rotund hom what you owe. Wltalhar or not ft vaftlMe ts insured, you must pay for h if It Is toad, damaged, or destroyed R a charge lot vehicle Instwawe Is, shown an the from, the Creditor will try to buy the coverages decked for form shown. The Crad - is not liable. hough, a M am.. ot do ed. If these arwragse we more herb the amount drown for ksurarcs. Sts Credbr may buy them for a diorter form of he may give you cedt for he arnotint down. If he carrot buy any Incurrence. he will give you amgwt Shown. The credr veal be made to are last EBJEE gB E. Late Charge: You will have to pay a late charge an the potion of each payment reaNvea more than ten days lass. The Marge is shown on Me front. Acceptance of a late payment does not axaaa yaw daardt or mean that you can keep making paymahts after antyy??a??re?? due. The Creditor may take the ceps set fah In tits contract IfWW 5 Is any ddaol. R the vehicle is taken back, he will send you a notice. The nc- will se?ztt?hat you may ocl an (buy back) the vfMde. and w8 explain how 3ONn the vell9!'4ou may redeem the vehicle up to the Yme he Creditor goes it or agrees to ant H. If you do not redbm the vehicle, it ? VAN be add. The money from tits pie, lase allowed spews, Will be teed tO pay all amounts see owed an ties coraacL Allowed expanses kxtude two" paid as a Oren react of havtn9 to retake f vehicle, hold it prepare it for sae, and $al a. If tare is any money left (a Surplus), it will be paid to yom If tie money from ft fee to red enough b pay off this contract and costa. you will pay what Is sag owed to On Creditor. 16?OS & not pey?l oMounl when the Creditor awe, he Creditor may charge you kSersts<31 On highest brae until you pay. 4101112 Consumer Ropab_Eou auhoize Mazda AmwIcan Credit to obtain consumer credit reports from co sur er reporting agencies (credit 1bgIIIRTIAsmn09QM4pa9r and at any tlrt+?ppXnWtfon with this contract. H. General: To corded Mazda American Crodlt about It" awoum, Carl 1-800-94"000. Aso. you may make address and other seeped OhMVSS at WWWmazdWnS0 com. The law of Pennsylvania appMse to leis oornb I . H that low don not allow all of he agreements In this Oontre, .the ores tlW are not allowed will be void. The real of this wn"d will a= be good. FTC NOTICES NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECTTO ALL CLAIMS AIM) DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED @WUWjJf0ETOOflySMkWEPROCEMAWREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT MCCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Used N IKJ?- lbNCIO Buyers GtddaNyou are buying a used lyehloleNW41Ns contract, federal regulations, may require a special Buyers Guide to be displayed on the window of the vehicle. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE 18 PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM oVERRP= ANY CONTRARY PROVISIONS W THE CONTRACT OF SALE, GUARANTY To cause to Soler to sea ft vehicle desabod an the front of We ca boo to tM Boyer. w awK each person who alga below as a "Gueramor" guarantees to a Waart?t Will p?iy It rMen seed. Each This moor a that If ft Bnye. Isils to pry any nosy OW a awed on the ow*aM each as -no sane as . 8 OMW lso Signs this He ion who signs below sproas that he will be NOW for the wlnde nrcam owed even a as or more Persons a odwr Gtaraty egress to be liable awn If the Creditor does we or acre of the following: (a) film he Buys more ttrne to pry ore or more payrtsNs, or (b) gives a release in full or in part b any of tap either CYaranfore, or to) releases any security. Each Guarantor also stales 9W he has received a ompkled copy Of this contract and this Guaranty at tie fkne of sgnrp. Guarantor Address Gumaaor Address Arbitration is a medwd M reaclv4 pry claim, depute, or wruaoreray (cosec", a 'Cfa m-) withmn Mince a bwtsut In court. Either you or Creder cur or 'We) (each, a Pa may Moose at any ans. i nMrdkng after a faWult is red, to have any Claim related to tlta Con- tra Claims regarding to a ft.proladoi, scope, ct deckled by orbit Nn Such Claimms Incline but are not Ixrsfod b tM 1) Claims in orfltfaM, lot t, regumory Or o0envise: 2) rbilbabil anaoyaas agars, wmageors, moon Subsi anees. of this clause a' Claims arising at `seta 3) Ceyou between you and us. our ?r? or ?any ?resdang transaction or relationship. MistinaMbIM g era Sian the Msgr. or arty such ? to your athird Pon for who ry aurh rolttlonship with third Parties who do not not RIGHTS YOU AND MOON EE TO UP u eewN you a we - reGfVE a , ern YOU and we agree to Wahre the fdlowng dghb: -TO A TRIAL, WHETHER BY A JUDGE OR JURY • RIGHT TO PARTICIPATE AS A CLASS RIPRIBENTATME OR A CLASS MEMBER N ANY CLASS CLAIM YOU MAY "AVE AGANST US WNETHER N COURT OR N ARBRRA7MM • BROAD RIGHTS TO DISCOVERY AS ARE AVAILABLE N A LAWSUIT RIGHT TO APPEAL THE DECMM OF AN ARBITRATOR • OTHER RIGHTS THAT ARE AVAe AN e N A LAWMAT RIWNS You And We Rp Net Ghre Ud: H a Claim b arbitrated, you and we will continue to have Itre following dgtts, vow waiving this b any'Usio : 11 ) Atop SO boddupicy?In must Rlgtt to ertace the seamay Merest In the vehk:ki, w hel er o curt of review law whotw a WA itrator e>caadsd ?)f]] ' Ills alDamlora deGSlon a ?Hel a Either Party us mmeMMon below and the other Party fo start arbl ration. The applicable uses (the 'Ruhr' may be obtained than association. • American Arbitration Association ('AAA'), at 1.500.778-7W9. or www.adr.ory: • J.A.M.SJ arrile e, at 1•SOO416.1600, or www.*naadreom; National Arbitration Faun, at 1•800-474-Mi, at wwrw.ab•forumAdrm. It there a a conflict bessesn 1M Rube and this cwraaol. Mi$ odraraM shay povem This oontrest is sub)sM to to Federal Arbitration Act (9 U.S.C. § 1 at fact.) and the Federal Rules of Evidence. The arbsredan Jdar' abri shell be In writing with a supporting opmon. We will peY your toed reasonable sibibO On hies and exposes (not IrnMrt Ing attorney few except where applicable law oHarwtee provides) in excess 015125. We will pay Itne nellbfo }erg fes nl wit do Sird arbibatlon Mat. Any portion of ate arbitration Mause that Is unsnloresfbs •t..a r...?... Y. .._ _ -...,,...., I . -r .,....vv.r MAC Mazda American Credit P.O. Box 680020 Franklin, TN 37068-0020 NOVEMBER 16, 2008 THOMAS TERRY PO BOX 413 CAMP HILL, PA 17001 ACCOUNT NUMBER: 00000039449438 YEAR: 2005 MAKE: MAZDA MODEL: MAZDA6 VIN: 1YVHP82D955M48724 DEAR CUSTOMER: BELOW IS THE ITEMIZE D HISTORY OF YOUR ACCOUNT BEGINNING WITH THE CONTRACT DATE OF 07/29/05 AND REFLECTING ACTIVITY THROUGH 11/14/08. CURRENT ACCOUNT STATUS NUM CURR PMTS RATE DUE DATE REM 11.79 .12319999 0 LATE LATE OTHER CURRENT CHARGES CHARGES FEES BALANCE AMT DUE ASSESSED DUE ASSESSED 0.00 0.00 93.73 0.00 937.00 OTHER FEES DUE 0.00 INVOICE TRANS DAYS DUE DATE DATE LATE --- TRANSACTION ---------- TRAN DESCRIPTION - AMOUNT PRINCIPAL INTEREST -------- - ----------- --------- FEES PRINCIPAL BALANCE 07/29/05 ------------------------ 22416.61 CONTRACT AMOUNT --------- - - --- 23708.61 08/28/05 09/06/05 9 524.87 226.21 298.66 0.00 23482.40 10/05/05 10/05/05 0 524.87 304.90 219.97 0.00 23177.50 11/05/05 11/05/05 0 524.87 292.79 232.08 0.00 22884.71 12/05/05 12/05/05 0 524.87 303.10 221.77 0.00 22581.61 01/05/06 01/05/06 0 524.87 298.75 226.12 0.00 22282.86 02/05/06 02/05/06 0 524.87 301.75 223.12 0.00 21981.11 03/05/06 03/05/06 0 524.87 326.06 198.81 0.00 21655.05 04/05/06 04/05/06 0 524.87 308.03 216.84 0.00 21347.02 ACCOUNT NUMBER: 00000039449438 MAC NOVEMBER 16, 2008 .THOMAS TERRY PO BOX 413 CAMP HILL, PA 17001 INVOICE DUE DATE TRANS DAYS DATE LATE -------- TRANSACTION ---------- TRAN DESCRIPTION AMOUNT PRINCIPAL INTEREST ----------- ---------- FEES BALLANCE? 05/05/06 05/05/06 0 - 524.87 ----------------------------- 318.01 206.86 ----------- 0.00 ----- 21029.01 06/05/06 06/05/06 0 524.87 314.30 210.57 0.00 20714.71 07/05/06 07/05/06 0 524.87 324.13 200.74 0.00 20390.58 08/05/06 08/05/06 0 524.87 320.69 204.18 0.00 20069.89 08/05/06 524.87- PAYMENT REVERSAL 20390.58 08/15/06 10.50 FEE ASSESSMENT 20390.58 08/05/06 08/18/06 13 535.37 235.07 289.80 10.50 20155.51 09/05/06 09/05/06 0 535.37 418.18 117.19 0.00 19737.33 09/05/06 535.37- PAYMENT REVERSAL 20155.51 09/15/06 10.47 FEE ASSESSMENT 20155.51 10/04/06 EXTENSION 20155.51 10/04/06 5.25 FEE ASSESSMENT 20155.51 10/16/06 10.50 FEE ASSESSMENT 20155.51 11/15/06 10.50 FEE ASSESSMENT 20155.51 12/09/06 385.00 FEE ASSESSMENT 20155.51 12/15/06 10.50 FEE ASSESSMENT 20155.51 10/05/06 02/05/07 123 524.87 0.00 524.87 0.00 20155.51 11/05/06 03/05/07 120 524.87 0.00 524.87 0.00 20155.51 12/05/06 05/07/07 153 525.00 0.00 525.00 0.00 20155.51 05/07/07 525.00- PAYMENT REVERSAL 20155.51 12/05/06 05/11/07 157 525.00 0.00 525.00 0.00 20155.51 ACCOUNT NUMBER: 00000039449438 MAc NOVEMBER 16, 2008 THOMAS TERRY PO BOX 413 CAMP HILL, PA 17001 INVOICE TRANS DAYS DUE DATE DATE LATE --- TRANSACTION ---------- TRAN DESCRIPTION AMOUNT PRINCIPAL INTEREST ------- ----- ---------- FEES PRINCIPAL BALANCE 01/05/07 06/12/07 ; 158 525.00 ---------------------------- 159.61 365.39 ---------- 0.00 ------ 19995.90 02/05/07 09/25/07 232 1000.00 321.81 678.19 0.00 19674.09 09/25/07 1000.00- PAYMENT REVERSAL 19995.90 02/05/07 11/08/07 276 2006.57 1044.18 962.39 0.00 18951.72 11/08/07 2006.57- PAYMENT REVERSAL 19995.90 02/05/07 11/08/07 276 1574.35 611.96 962.39 0.00 19383.94 05/05/07 11/08/07 187 41.97 0.00 0.00 41.97 19383.94 05/05/07 11/08/07 187 5.25 0.00 0.00 5.25 19383.94 05/05/07 11/08/07 187. 385.00 0.00 0.00 385.00 19383.94 11/09/07 EXTENSION 19383.94 11/09/07 36.75 FEE ASSESSMENT 19383.94 12/17/07 10.50 FEE ASSESSMENT 19383.94 12/05/07 12/18/07 13 563.00 484.94 39.93 38.13 18899.00 12/18/07 563.00- PAYMENT REVERSAL 19383.94 01/15/08 10.50 FEE ASSESSMENT 19383.94 12/05/07 01/16/08 42 600.00 430.50 169.50 0.00 18953.44 02/15/08 9.76 FEE ASSESSMENT 18953.44 03/17/08 360.00 FEE ASSESSMENT 18953.44 03/17/08 10.50 FEE ASSESSMENT 18953.44 03/28/08 150.00 FEE ASSESSMENT 18953.44 01/05/08 04/10/08 96 525.00 0.00 525.00 0.00 18953.44 ACCOUNT NUMBER: 00000039449438 MAC ACCOUNT NUMBER: 00000039449438 NOVEMBER 16, 2008 THOMAS TERRY PO BOX 413 CAMP HILL, PA 17001 INVOICE TRANS DAYS TRANSACTION ---------- TRAN DESCRIPTION ---------- DUE DATE DATE LATE AMOUNT PRINCIPAL PRINCIPAL INTEREST FEES BALANCE -------------------------------------------------------------------------------- 09/15/08 20762.34 CHARGEOFF 0.00 09/15/08 8.96 DECR UNEARNED 0.00 09/15/08 178.62 DECR UNEARNED IF YOU HAVE ANY QUESTIONS CONCERNING THIS HISTORY, PLEASE FEEL FREE TO CONTACT 0 00 US AT: ( 800 ) 945-6000. SINCERELY, CUSTOMER SERVICES REPRESENTATIVE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~a~ttitr At ~u~rber~~~ r .:~„s oFFICE G"rr~ StiE~E~1FF ,, ~~~~~~ r'1r T r'~~. ~j5 ,~ I i I ' Jody S Smith Chief Deputy Richard W Stewart SOilCltO~ ~tDID ~uCr y Pm 1 ~~ ;~. ~rxr VI; .. ~_..;~: Mazda American Credit vs. Thomas Terry (et al.) Case Number 2010-4486 SHERIFF'S RETURN OF SERVICE 07/20/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thomas Terry, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 07/22/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Linda Terry, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Linda Terry. Kathryn Behm, current owner of 621 Grandview Avenue, Camp Hill, PA 17011 advised Deputies she bought this property September of 2009. However, The Camp Hill Postmaster is delivering Linda Terry's mail to this address. 07/29/2010 11:04 AM -Dauphin County Return: And now July 29, 2010 at 1104 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas Terry by making known unto himself personally, at The Dauphin County Sheriffs Office, 101 Market Street, Room 104, Harrisburg, PA 17101 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $71.50 August 03, 2010 SO ANSWERS, ~¢- RON R ANDERSON, SHERIFF {c) CountySuite Sheriff. Teleosofl, Inc. Mary Jane Snyder R al Estate Depu William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin ..~.. Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles. E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy MAZDA AMERICAN CREDIT VS THOMAS TERRY Sheriff s Return No. 2010-T-2486 And now: JULY 29, 2010 at 11:04:00 AM served the within COMPLAINT upon THOMAS TERRY by personally handing to THOMAS TERRY 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at DAUPHIN COUNTY COURTHOUSE, SHERIFFS OFFICE RM 104, 101 MARKET STREET HARRISBURG PA 17101 OTHER COUNTY CASE # 20104486 So Answers, ~~ Deputy: KIMBERLY BARTO Plaintiff: MAZDA AMERICAN CREDIT Sheriff s Costs: $41.25 7/23/2010 Out Of County Cost: Jack Lotwick Sheriff ~~~ Sheriff of Dauphin County, Pa. Sworn to and subscnbed before me ll ~, ~ =-~ ~"~ ?ROTHONOTARY DAUPH COUNTY COMM[SSION EXPIRES IST MONDAY JANUARY, 20..~ 7:1L-O--0FF1CE MAURICE & NEEDLEMAN, P.(!' ` jE Pi JV NOTARY Attorneys for Plaintiff BY: Joann Needleman, Esq. 2011 VJG 12 R? 10' 4 $ Identification No. 74276 935 One Penn Center CUMBERLAND COUNTY 1617 John F. Kennedy Blvd PENNSYLVANIA Philadelphia, PA 19103 (215) /2Sy-/IJl MAZDA AMERICAN CREDIT Plaintiff V. THOMAS TERRY AND LINDA TERRY Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-4486 PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: No answer having been filed in the above Civil Action, kindly enter Judgment in favor of Plaintiff, and against Defendant, THOMAS TERRY in the amount as follows: Principal Amount $ 20762.34 Interest to Date $ 7095.50 Costs $ 204.75 TOTAL $ 28062.59 MAURICE Date: August 9, 2011 LEMAN, P.C. BY: JOANN NEEDLEMAN, ESQ. Attorney for Plaintiff 0'%` s Iq. co (col a4k, ek-u a qls toh Ct k MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff Our file no. 13466 ?z i 5? i?y-i 151 MAZDA AMERICAN CREDIT Plaintiff V. THOMAS TERRY AND LINDA TERRY Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-4486 (X ) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $28062.59 on r! (X ) A copy of all documents fi d with the Pro otary in su of the within judgment is enclosed. ro otary Clerk by: If you have any questions regarding this matter, please contact the filing party: Name: Joann Needleman, Esquire Address: Suite 935, One Penn Center at Suburban Station 1617 J.F.K. Boulevard Philadelphia, PA 19103 Telephone No.: 215-789-7155 (This Notice is given in accordance with Pa.R.C.P. §236) MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff 15) '/2Sy-/ 1 S 1 MAZDA AMERICAN CREDIT Plaintiff V. THOMAS TERRY AND LINDA TERRY Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-4486 AFFIDAVIT OF MAIL SERVICE STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. I, JOANN NEEDLEMAN, ESQUIRE, being duly sworn according to law, deposes and says that she is an attorney at law and that on 07/28/2011 she mailed a written Notice of Intention to File the Praecipe to Defendant, THOMAS TERRY, at 420 HARRIS ST , HARRISBURG, PA 17102 by regular mail. MAURIC &JNF ,EPLEMAN, P.C. BY: OANN NEEDLEMAN, ESQ. Attorney for Plaintiff SWORN TO ANQ SUBSCRIBED before me this) ay of 201 1 . Otaty ub 1C NOTARIAL SEAL RASHETTA ROBINSON Notary Public PHILADELPHIA CITY. PHILADELPHIA COUNTY My Commission fxr,-5 Mdr 23, 2015 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff /Z59-/1J1 MAZDA AMERICAN CREDIT Plaintiff V. THOMAS TERRY AND LINDA TERRY Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-4486 CERTIFICATION OF NOTICE TO ENTER DEFAULT JUDGMENT It is hereby certified that a written Notice of Intention to File the Praecipe was mailed on 07/28/2011 to Defendant, THOMAS TERRY, against whom judgment is to be entered after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A copy of said Notice dated 07/28/2011, a copy of the mailing to the Defendant and affidavits of service are all attached hereto. MAURIC EEDLEMAN, P.C. BY: ANN NEEDLEMAN, ESQ. Attorney for Plaintiff Date: August 9, 2011 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (215) /Z59-/I--)l MAZDA AMERICAN CREDIT Plaintiff V. THOMAS TERRY AND LINDA TERRY Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-4486 CERTIFICATION OF ADDRESSES It is hereby certified that the parties have the following addresses: Plaintiff: FORD MOTOR CREDIT COMPANY P.O. Box 6058 MESA AZ 85216 Defendant: THOMAS TERRY, 420 HARRIS ST, HARRISBURG, PA 17102 MAURI & EEDLEMAN, P.C. BY: ANN NEEDLEMAN, ESQ. Attorney for Plaintiff Date: August 9, 2011 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff /69-/151 MAZDA AMERICAN CREDIT Plaintiff V. THOMAS TERRY AND LINDA TERRY Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-4486 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA SS. COUNTY OF PHILADELPHIA I, JOANN NEEDLEMAN, ESQUIRE, being duly sworn according to law, deposes and says that she represents the Plaintiff in the above entitled case and that Defendant, THOMAS TERRY , is over 18 years of age; the occupation of Defendant is unknown and to the best of Plaintiffs knowledge, information and belief, Defendant is not in the military service of the United States, nor any State of Territory thereof or its Allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. MAURICE &NEEDLEMAN, P.C. SWORN TO IN SUBSCRIBED before me thiday f 201) otary Public c` BY: NEEDLEMAN, ESQ. for Plaintiff NOTARIAL SEAL RASHETTA ROBINSON Notary Public PHILADELPHIA CITY, PHILADELPHIA COUNTY My Commission ExP res Mar 23 2015 Attomeys at Law rate 935, one Penn Center 317 John F. Kennedy Blvd. Philadelphia, PA 19103 tel. 215.685.1133 tax 215.5633970 www.mnlawpc.com Donald S. Maurice Member NJ Bar Board Certified Creditors' Rights Law Rican Board of Certification Joann Needleman Member PA & NJ Bar Thomas R. Dominczyk Member NJ, NY & PA Bar Rachel Marin Member NY & NJ Bars New Jersey Office Maurice & Needleman, P.C. Suite 2007 5 Wafter E. Foran Blvd. Flaming6on, NJ 08822 tal. 906.237.4550 fax 906.237.4551 July 28, 2011 THOMAS TERRY 420 HARRIS ST HARRISBURG, PA 17102 RE: MAZDA AMERICAN CREDIT v. THOMAS TERRY AND LINDA TERRY CUMBERLAND COUNTY COURT OF COMMON PLEAS, CASE NO. 104486 Dear Mr/Mrs/Ms TERRY: Our File No. 13466 Enclosed please find a ten (10) day notice of default which is self- explanatory. This is being served upon you due to your failure to respond to Plaintiff s Complaint served upon you on July 29, 2010. Unless an answer to Plaintiff s Complaint is filed with the Court within ten (10) days from the date of this notice, a default judgment may be entered against you. If you would like to discuss a resolution to this matter, please call our office at 908-237-4571 and ask for Kim Crosby. Thank you for your prompt attention to this matter. Very truly yours, MAURICE & NEEDLEMAN, P.C. i' i ?t J r Needleman, Esq. JN/dlh Enc THIS CORRESPONDENCE IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS FIRM IS A DEBT COLLECTOR MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1.617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff /251-/1JJ MAZDA AMERICAN CREDIT Plaintiff V. THOMAS TERRY AND LINDA TERRY CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-4486 IMPORTANT NOTICE TO: THOMAS TERRY DATE: July 28, 2011 420 HARRIS ST HARRISBURG, PA 17102 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 JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE.YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 MAURICE & NEEDLEMAN, P.C. BY q111-1- JOANN NfPDLEMAN, ESQUIRE Attorney f Plaintiff 06250005583131 olLu ago?N ONUMN 1 d4a y.0 N M LL U C1. z Q W ? _o D F' cn wzr z w 0 ozQ z w Qaa Uw0 Z Q O Q U') ?rnd J i _ 1 C) l V l 1 , SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor . tJ&JT 011CMajurrf? OFVICE OF "!i m R F Mazda American Credit vs. Thomas Terry (et al) SHERIFF'S RETURN OF SERVICE Case Number 2010-4486 07/20/2010 Ronny R. Anderson, Sheriff who being duty sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thomas Terry, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 07/22/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Linda Terry, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Linda Terry. Kathryn Behm, current owner of 621 Grandview Avenue, Camp Hill, PA 17011 advised Deputies she bought this property September of 2009. However, The Camp Hill Postmaster is delivering Linda Terry's mail to this address. 07/2912010 11:04 AM - Dauphin County Return: And now July 29, 2010 at 1104 hours 1, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas Terry by making known unto himself personally, at The Dauphin County Sheriffs Office, 101 Market Street, Room 104, Harrisburg, PA 17101 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $71.50 August 03, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF {6 L.OId',tys7te Snerrff. Teje--?1. "L 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 Apr-08-2010 08:07:15 Servic Name First/Middle Begin Date Active Duty Status Active Duty End Date Agence Y Based on the information you have furnished, the DMDC does not possess TERRY THOMAS any information indicating 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). OIL 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/fagL/pis/PC09SLDR.html. 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. https://www.dmdc.osd.mil/appj/scra/popreport.do 4/8/2010 Request for Military Status Page 2 of 2 More information 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 more than 30 consecutive days. In the case of 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 § 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 TARS, Marine Corps ARs and Coast 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 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. 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:736S5A2800 https://www.dmdc.osd.mil/appj/scra/popreport.do 4/8/2010