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HomeMy WebLinkAbout10-5695cf THE cuc?? - ti COUNTY PENINS"IANA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 10 _ 5(CgS e1'j1' `ex" vs. NORMAN E SHUGHART COMPLAINT IN CIVIL ACTION 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 08527967 C A Pit CXC 0 *ft.oo PO A-CTY Of 4'146961 P,,* 6Z q 7 &V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No NORMAN E SHUGHART 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, DISCOVER BANK is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY , OH 43054 2. Defendant is adult. individual(s) residing at the address listed below: NORMAN E SHUGHART 551 MIDDLE RD NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5550 . 4. Defendant made use of said credit card and has a current balance due of $13528.91 , as of July 06, 2010 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 28.990% per annum on the unpaid balance from July 06, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 11111 and made a part hereof. 7. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 8. Plaintiff avers that such attorneys' fees will amount to $125.00 . 9. 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 , NORMAN E SHUGHART individually , in the amount of $13528.91 with interest at the rate of 28.990. per annum from July 06, 2010 plus attorneys' fees of $125.00 , and costs. James C. WELTMAN 436 Sev Pittsb z (412) 3 FAX: 2 08527 67 This law firm is a debt collector attemp our client and any information obtained ?11 INDERG & REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 7955 338-7130 C A Pit CXC to collect this debt for be used for that purpose. DISCOVER $1New 3,528.91 Minimum Payment Due $13,521 Payment Due Date July 10, 2010 15 SDSN8A01 0002384 NORMAN 551 EXHIBIT NEWVILLE PA 17241-9310 Account Number ending in 5550 Enter Amount Encbsea 8ekovr $ 1 Please make check payable to Discover Card Minimum payment due includes o pad due amount of $2,753.00. Phone and irdemet dpaayyme?nts must be made by 5:00pm ET for same Go tperles and make your accaxrt information more secure with password- protected statements only you can access Learn more at discover caNpapertess PO BOX 6103 IIIu111uuuI1.111stlull Address, CAROL STREAM IL 60197-6103 Go to www.DisDiscawrteleph.com or one change; print int ch hange in space above. 11111111111111111111111111.11.11111111111111111111.11111111.11 Go to 000001986458944738679135289100000001352891 Discover More Card Account Summary Account number ending in 5550 Previous Balance $13,528.91 Payments And Credits 0,00 Purchases + 0.00 Balance Transfers + 0-00 Cash Advances + 0.00 Interest Charged + 0.00 Fees Charged + 0.00 New Balance 13,528.91 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $11,200.00 Credit Line Available $0.00 Cash Advance Credit Line $0,00 Cash Advance Credit Line Available $0,00 ............?.. w•.w Anniversary Month August Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0,00 Casltback bonus balance $ 0100 To barn more, log in at www.Discover.com and select Rewards 3 Easy Ways to Contact Us 1. Access your account securely at www.Discaver.com 2. Call 1-800-DISCOVER (1-800.347-26831 Please have your Discover®card availabblle 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 8,4130 For TDD (Telecommunications Device for the Deall assistance, please call 1.800.347-7449. 2010 Payment Information New Balance $13,528.91 Minimum Payment Due- $13,528.91 Payment Due Date July 10, 2010 *Includes past due amount of $2,753.00 tale Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00 and your purchase APRs for new transactions may be increased up to the Penalty APR of 29.99% variable. Mininwm Payment Waning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance- For example: reed gr4 minimum 15 years $13,529 Rpa)-enf If you would like information about credit counseling services, call 1-800-347-1121. Manage Your Account Online at www.Discover.com • Access free online tools like Paydown Planner to create a plan to down your balance, securely access statements, pay bills online and easily frock all transactions • Make your money worth more sm-find easy ways to earn and redeem cash rewards • NEWT Access your account securely through your mobile phone Transactions Trans. PDab Dais X27967 TOTAL FLIES FOR THIs PERIOD $ 0.00 Interest Charged TOTAL MEREST FOR THIS PERIOD $ 0.00 ' 2010 Totals Year-to-Date TOTAL FEES CHARGED IN 2010 $ 234 00 TOTAL INTEREST CHARGED IN 2010 1,51393 Continued on reverse side- DISCOVER miss DISCOVER• It Pays to lER I NORMAN SHUC:IiART i Account rurnber iriding in 55:54 FDM Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Cutrerd Biking Period: 1S days RATU CENTAGE 14T BALANCE SUBJECT CTeD INTEREST CHARGE Purchases 28.99% Cash Advances 28.9996 0 $$0 so V = Variable Rate Additiotwl Impart "W..dion -- ImpotfaM Information. N tope is more than one page to this bulling statement. see the bock of each Page for additional important information See your Cardmember Agreement. Your Cardmem6m Agreement contains all the terms of your Account Lod or stolen cards. Report immediatelyl Coll 1-800-347-2603. Whhat To Do If You Think You Find A Mistake On Your Statement if you think there is an error on your statement, write to us at Discover, PO Box 30421, Soh Lake City, UT 841 304D421 In your letter, give us the Folbvring inormation • Account information: Your name and account number • Dollar amount: The dollar amount of the suspected error • Description of problem: IF you Ili" there is an error on your 6611, describe what you believe is wrong and why you believe a is a mistake You must conga us within 60 days after the error a You must notify of an appeared on Your statement us any potential errors in writing. You may call us, but if you do we are not required to investigate Potm6lid errors and you may haw to pay use amount in question ate while we investigate whether or not there has been an wror, the following are true. • We cannot try to collect the amount in question, or report you as delinquent on tlaf amount The charge in qquestion may remain on your statement, and we may confine to charge you interest on that amount . BW, N we demarine that we nude o mistake, you w1i not have b pay the amount in question or arty. interest or offset fees related *xd • While you do not have to pay the amount in uestion, ou are re to amount 9 Y sponuble for the remainder of your balance • We can apply any unpaid amount against your credit Bmit. You Rights If You Are Dissatisfied With You Credit Card purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, mad you have tried in good faith to correct the problem with the merchant, you may hove the right not to pay to remaining amount due an the purchase To use this right, all of the following must be true 1 The purchase must have been made in your home state or within 100 miles of your current maNfng address, and the purchase price must how been more than $50 (Note: Neither of these are necessary if your purchase was based an an advertisement we mailed to you, or N we own the company that sold you the goods or services ) 2 You must have used your credit card fa the purchase Purchases made with cash odvaeces from an ATM or with a check dal accesses your credit card account do not qualify 3 You must not yet have hilly paid for the purchase N all of die criteria above are met and you are still dissatisfied with the Purchase, conloct us in wrMirsg at Discover, PO Box 30945, Salt Lake City, UT 84130,0945 While we investigate, the same rubs apply to the disputed amount as discussed above After we finish our imeyigalion, we will tell your our decision At that point, Owe think you owe on amount and you do nil poy we may report you as delinquent Payments. Send only your payment and the lop portion of this statement in floe envelope above, you authorfire us to use information on your check b make an electronic fund frferfr nil seta t if* cosh By call hg your dick ed described check or to process the payment of a check transaction N payment is processed as an ekchank fund irmu6r, the lrons6r wh'M be institution 6n?COh You When we use information From you check to make an electronic fund transfer, funds may be withdrown from your account as soon os doe your payment, and your you amouy of use chock you will not receive check back From your financial institution same day we receive The processing of your payment may be delayed N you send cash, correspondence or other Items with your payment IF send the address or if you use an envelope other than the one provided Paymentsreceived in lac P°Y"leet o any door be credited to your Account as of that day Payments received d our proses ' foci form at our f'fDC°s?g by SPM Baal lime, on any day wmisplaced your enwkspe, send your Discoversxhg SPM local time will 6e credited to your Account as of the next if our Payment b , fec x 6 03 day N you have misplaced Carol Steam, IL 60197-6103. %eoaue allow 7-10 days for delivery your payment is retuned unpaid, we roserw the right to resubmit fl as on electronic debit You can pay your minimum payment or a greater amount over the le need this statement and your book account motion You must en?t ae siA ideent unnds are pava ? In comply wflh U 5 law You wNl he asked b provide the Rn15 d its of payments Cant us at f-806347-2683, You will to deduct statement ZJP code entering rh your bank account, and all w el a troni must sfgnah6r You will fx rrgreeing b this audho provid b allow us and of your account debit or credit enhfes b your bank is i applicable, to correct ou ono in the paymen you ro numbers asyou electronic processing of such p?ay maheudrY' yo from your bon" account, and h ay or you can select an amount such as due Minimum Payment Due or the New Balance on each slolemeeiPa an coome[ a 1 Per a us ffhe amount of each p"" aynt notice at bo a Ih res business days in n advance o notice of n f the scheduled payment You m Yrff. however ere must receive paragraph If your poynni vary in amount, swill kit may rha8fy us by phone of 1.800-347-2683 or by mail at the address Wed in use ubmatic Payment amount nay lse less than Indicated on ethe ll moots each mete y s??t when your payment will be made and how much it will be Your aCredit Re n report l based on credits or payments applied during the billing cycle Porting. We may information about your Account to credit huream tole payments, missed payrrxxta o other defaults an your Account mar be reflected in your credit report We normally report the status and pa repor agencies each morels N ymeal history of yyoouur Account to credit Yh$ you behove that our report is inaccurate or incomplete, pease write us at the fdbwing address. Discover, PO Box 15316, Wflmhnglen, DE 19850,5316 Reese indicate your name, address, home telephone number and Account number Paying Interest; We begin to impose Interest Charges on all transactions from the Transaction Dale for the transaction shown an your blRi unless a transaction is posted to r Account after the close of the bulling period in which it occurs, in which case we begin to impose "gin nt• transaction from the first day of the billing period in which it is posted to your Account We continue to fm se Interest Charges uM" ""' on ism entire New Balance shown on your tailing statement by making payments w receiving credits N you paid the New Balance its YW ng pay s your by the Pa at Due Dole shown on tat tiling statement, we well not impose Werest Charges an new purchases, that' your previous fx'Ifi6ht°temarht current billing statement, or any portion of a new purchase, Paid by the Payment Due Date on your current billing a. statement We cotiN otuhis the •nt appeargrace ing ua the • M is not lets than 25 days There is no grace period on balance transfers or cash advances. As more Fully, described in the on y er Agreement filled 'How We Apply Payments,' we generally apply faYmenis to yyoour Account based on the APR applicable to the brffanhce of each trraanrsachon category This means shat if you not pay the New one the ABalance on other on fh bafances t billin statement by use Payment Due Date shown on dot billing sblement, then, depending on the amount of your payment Minimum IrfaresT Charge. We will char 11011 rg % rod get a grace pored on rhea purchases . would otherwise be imposed 9e you o minimum Interest Charge of $ 50 For any killing period in which Interest Charges of less than t; 50 Annual Fee. If your Account has an annual fee, it will be billed of the beginning of each anniversary yea your Account is open. The amount of the tea appears on she statement when the fee is killed The annual Fee is not refundable unless you notify us tat yon wish b close your Account within 30 days of the mailing or delivery date of the statement on which the Fee is billed You will receive this refund even 9 you use your Cord during tat period How We Calculate Interest Charges - Daily Balance Method (including current transactions): We figure Interest Charges for each billing period To do this • We calculate your Interest Charges separately for each balance subject to dfffereN terms (For example s.ondard purchhses, standard cash advances and each purchase, balance transfer and cash advance balance subject to promotional terms) We refer to these balances as transaction categorioa 85 ev? ffa ire the 'deify bolance' for each transaction category Tot the -doily bolance' we lake the beginning balance for each day, odd any L i nsactions and Fees and any InterestChoreies accrued on the previous days doily balance. We then sabtr make other odiuslments (including those adjustments required in the section hued 'Paying Inism r) In cakuloting the dal balance at, and day of the billing period, we consider the 'previous day's daily balance' to have been your 6o 6m* on the last do y of your any credits previous killing period This gives us the daily balance For each transaction category N 1Of first • We figure the Interest Charges on your Account by multiplying the daily balance for each transaction category, by its dirty periodic rate far each day in the killing period • The total Interest Charges for the billing period are the sum of the daily Interest Charges For each transaction category for each day during that billing period When we calculate doily balances, we add a new transaction as of the Transaction Date shown on your billi slalsment, unless the transaction it posted to yyour Account after the close of the billing period in which it occurs, in which case the transaction will 6e added to to daily balance as of the first day of the billing period in which t is posted to your Account All fees char,g?d to your Accountant added to u e standard purchase hansoclfon category with she exception of Cash Advance Fees which are added to the applicable cash advance transaction category and Balance Transfer fees which am added to the applicable balance transfer transaction category ..vinninuuaa urn reverse side Foreign Currency Fee: 2% of the US dollar amount of each purcha s made in a loregn currency Penalty APRs: Each time you fail to make a payment when due, we my, in accordance with applicable law, (i) lerminops the avc i a a 4P y introducwWprornodonol APRs on new transactions, and (i7 increase your APRs for new transactions to variable Penalty APRs which 4 1e dt, -, ri. t I adding up to an additional 5 percentoge points to the otherwise applicable APR '(our Penally APR is determined based an your credfrworthi -e s o,,d t v c :t r uch as your current APRs, and your account history N your APRs for new transoctions are increased far a late payment, the Penalty APR: ?yii IF Ph I Id I If v For TDD (Telecommunicatiorn Device for the Deaf) assistance, please call 1-800-347-7449. Discover may monitor and/or record telephone calls between you and Discover representotives for quality assurance purposes. The Discoverm card is issued by Discover Bank, Member FDIC . Y 3 (172 8527967 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is James Ball (Name) Team Leader _ of DFS Services LLC , plaintiff herein, that (Title) (Company) he 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 his knowledge, information and belief. WWR# 8527967 Norman E. Shughart 6011002835535550 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE ,- Discover Bank vs. Norman E. Shugart Case Number 2010-5695 SHERIFF'S RETURN OF SERVICE 09/21/2010 11:31 AM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2010 at 1131 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Norman E. Shughart, by making known unto himself personally, at 551 Middle Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.80 September 23, 2010 .aerie ?E . - C:) LSs YV C . C) RYAN BURGETT, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ,c Gou, tySLAW Shenff. Tieleosofl. Im f '4 j F'" r `l ? r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. NORMAN E SHUGHART Defendant No: 10-5695 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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 08527967 C A Pit DFO Judgment Amount $14960.77 1?•to 53 DISCOVER BANK Plaintiff VS. NORMAN E SHUGHART TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 10-5695 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant NORMAN E SHUGHART above named, in the default of an Answer, in the amount of $14960.77 computed as follows: Amount claimed in Complaint $13528.91 Less payments / adjustments made $0.00 Interest on the remaining principal balance of $13528'.91 from July 06, 2010 to November 05, 2010 Q the interest rate of 28.990% per annum $1306.86 Attorney's fees $125.00 TOTAL $14960.77 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 James C.=Wa brodt,42524 08527967 CIA Pit DFO Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, P 15219 And that the last known address of the De ndant is NORMAN E SHUGHART 551 MIDDLE RD NEWVILLE, PA 17241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case No. 10-5695 CIVIL TERM VS. NORMAN E SHUGHART Defendant TO: NORMAN E SHUGHART 551 MIDDLE RD NEWVILLE, PA 17241 Date of Notice: IMPORTANT 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 ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. -ESy: Matthew Urban P.A.I.DA 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 4347955 8527967 A PIT B41 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. NORMAN E SHUGHART Civil Action No. 10-5695 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant 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 , NORMAN E SHUGHART is not in 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 DMDC does not possess any information indicating that the below individual is in the military service: NORMAN E SHUGHART 551 MIDDLE RD NEWVILLE, PA 17241 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsification to authorities. Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Nov-09-2010 07:21:44 ?K Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency Based on the information you have furnished, the DMDC does not possess SHUGHART NORMAN 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). 14 y6k Jn- 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 hU://www.defenselink.mil/fag/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. https://www.dmdc.osd.mil/appj/scra/popreport.do 11/9/2010 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:J8EK05V7PA https://www.dmdc.osd.mil/appj/scra/popreport.do 11/9/2010 WELTMAN, WEINBERG & REIS,CO. , L. P.A. BY: William T. Molczan, 47437 Attorney for Plaintiff (s) I .D. No. 47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 File # .08527967 C A Pit SJS DISCOVER BANK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs . NORMAN E SHUGHART lz. CASE NO. 10-5695 CIVIL ' RIV �:a u rn r c: PRAECIPE TO SATISFY „ C..) ' TO THE PROTHONTARY: Kindly mark the case and judgment entered against Defendant NORMAN E SHUGHART as satisfied. WELTMAN, WEINBERG & REIS CO. , L.P.A. By Wil lam T. Molcza Attorney for Plai iff 4.5o PD AT" e' c2q 69a