HomeMy WebLinkAbout10-5697RIND!
. -
N Qs-p-
s,j L.i
CUMP??'S`? LAIN
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: to - SW7 &-w I t7er*
vs.
DEE J MALINICH
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
08544074 C A Pit CXC
*0-00 p", P-17q
at q7q (d147
RW4 aq7(v&s-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No
DEE J MALINICH
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:
DEE J MALINICH
1138 PHEASANT DR N
CARLISLE, PA 17013
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX9091 .
4. Defendant made use of said credit card and has a current balance
due of $6690.26 , as of July 08, 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
16.2406 per annum on the unpaid balance from July 08, 2010 . A copy of
Plaintiff's Statement is attached hereto, marked as Exhibit I'll, 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 , DEE J MALINICH individually , in the amount of
$6690.26 with interest at the rate of 16.240% per annum from July 08,
2010 plus attorneys' fees of $125.00 , and costs.
James Wa ro t,42524
WELT WEINBERG & REIS CO., L.P.A.
436 S e th Avenue, Suite 1400
Pitts ur h, PA 15219
(412) 43 -7955
FAX: 41 -338-7130
085 07 C A Pit CXC
This law firm is a debt collector attery?pt,,?ng to collect this debt for
our client and any information obtain ill be used for that purpose.
New Balance
DISC
VER' Minimum Payment Due Account Number ending in 9091
$0.00
O $1,115.00 Enter Amount Enclosed Below
Payment Due Dote $ f
July 25, 2010 I
EXHIBIT
30 SDSN6A01 0005317
DEE MAL I N I CH Go paperless and make your act
1138 PHEASANT DR N information more secure with password-
CARLISLE PA 17013-1251 ected statements only you can access.
earn more at discovercomlpapertess.
PO BOX 6103 lllfullnnnlllllnrlnsll
Address, CAROL STREAM IL 60197-6103
Go o to wil o or print change?
G to ww.Dw.Discaver.com er.com or
change in space above. 11Ilnll1n1u1111ln1n11111i1nIIIlluuIIIIlIIIIIJ ?nlull
000001986458571054341000000000000000111500
rJpemng belts: June Z7, 2010 - Closing Date: June 31
1 Discover More Card Account Summary
I Account number ending in 9091
Previous Balance $6,690.26
Payments And Credits 6,690.26
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Interest Charged + 0.00
Fees Charged + 0.00
New Balance --?0=00
See Interest Charge Calculation section following
transactions for detailed APR information
Credit Line $7,20000
Credit Line Available $0.00
Cash Advance Credit Line $3,600.00
Cash Advance Credit Line Available $0.00
Anniversary Month
August
Opening Cashback Bonus Balance S 0.00
New Cashback Bonus This Period + 0.00
Cashback Bonus Balance $ 0,00
To learn more, log in of www.Diacw4or.corn and select Rewards
I, 2010
Payment Information
New Balance $0.00
Minimum Payment Due $1,115.00
Payment Due Date July 25, 2010
Late 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.
Manage Your Account Online at www.Discover.com
• Securely access statements and free online tools, pay bills
online and track and view all transactions simply and easily
• Make your money worth moresm-find easy ways to earn
and redeem cash rewards
• NEW I Access your account securely through your
mobile phone
3 Easy Ways to Contact Us
1. Access your account securely at www.D6caver corn
2. Call 1-800-DISCOVER (1-800.347-2683)
Please have your Discover®card available.
3. Write to us of Discover, PO Box 30943,
Sall Lake City, UT 84130
For TDD (Telecommunications Device for the Deaf)
assistance, please call 1-800-347-7449.
Transactions
TDranates. Post
Payments and Credits Jun 30 Jun 30 INTERNAL CHARGE-OFF
$ -6,690.26
Fees TOTAL FEES FOR THIS PERIOD $ 0.00
Interest Charged TOTAL INTEREST FOR TM PERIOD $ 0.00
2010 Totals Year-to-Date
TOTAL FEES CHARGED IN 2010 $ 234.00
TOTAL INTEREST CHARGED IN 2010 549.59
Wson"harge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE
Current Balling Period: 4 days RATE (APR) INTEREST RATE
Purchases 16.24% V SO $0
Cash Advances 22.99% $0
$O
V = Variable Rate
Additional Inportant Information
Important Infortnoffon. H there is more than one page to this billing statement, see the back of each page for additional important Information
Continued on reverse side.
DISCOVER
See your Cardmember Agreement. Your Cordmember Agreement contains all the Terms of your Account
Lod or Friction cards. Report immediablyl Call 1-800-347-2683.
What To Do If You Think You Find A Mistake On Your Statement
IF you think there is on error on your statement write to us at Discover, PO Box 30421, Salt Fake City, UT 84 1 30042 1
In your letter, give us The Following mformution
Account Information- Your name and account number
Dollar amount. The dollar amount of the suspected error
Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe ii is a mistake
You must contact us within 60 days after she error appeared on your statement
You must oily us of any potential errors in writing You may callus, but if you do we are not required to Investigate any poential errors and
ou ma
have b
y
y
pay the amount in question.
While we investigate whether w not there has been an error, the following are true
We cannot try to collect the amount in question, or report you as delinquent on that amount
The charge -n estion may remain on your statement, and we may continue to charge you interest on that amount But if we determine that we made a
mistake, you will of have 0 pay The amount in question or any interest or other fees related to that amount
While you do not have to pay The amount in question, you are responsible for the remainder of your balance-
. We can apply any unpaid amount against your credit limit
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you ore dosofisfied with the goods or services That you have purchased with your credit cord, and you have hied in good faith to correct M.
problem with the merchant, you may have the right not to pay The remaining amount due orh Me purchase
To use this right, all of the Folbwng must be true
1 The purchase must have been made in your home stab or within 100 miles of your current mailing address, and the purchase price must have
been more than $50 (Note: Neither of these are necessary it your purchase was based on an advertisement we moiled to you
or if we own
,
to company That sold you The goods or services 1
2 You atusl hove used your creditcard for the purchase Purchases made with cash advances from an ATM w with a check that accesses your
credit card account do not qualify
3 You must oT yet have fully paid far the purchase
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in wnhrig at Discover, PO Box 30945,
Sate Fake City, UT 8A 130,09-0
While we investgate, the some rules apply to the disputed amount as discussed above After we finish our investigation, we will 1.11 you our 0
decision At that point t we think you owe on amount and you do not pay we may report you as delinquent z
Payments. Send only your payment arxf the lop 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 on electronic fund transfer From your account at the financial institution indicated on your
h o
c
eck or to process the paymentas a check transaction If payment is processed as an electronic fund transfer, the transfer will tae far the arnourr of the check
When we use information ham your check to make an electronic Fund transfer
funds may be withdrawn From
our
t
h
d °oa
,
y
accoun
as soon as t
e same,
ay we receive
your payment, and you will not receive your check back from your financial institution an
c2
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 othn v
address or if you use an envelope other Ton the one provided Payme ils received in proper form clout processing facility by 5PM local hate on airy day will
be credited to
our Acc
t
f t
t d
P N
y
oun
as o
ha
ay
ayments received at our processing Iocilily alter 5PM local lame will be credited to your Account as of the next
day t you have misplaced your envelope, send your payment to Discover
PO Box 6103
Carol Stream
11 60 1 97-61 0 3 Pl
ll
7
10 d
f
,
,
,
ease a
-
ow
ays
or delivery
B your payment is returned unpaid, we reserve Te 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 1.81x-347-2683 You will
need this staternent and your bank Occounl mformafion You must ensure that sufficient funds are available in your bank account, and all transactions must
comply with US low You will be asked to provide This first 5 digits of your occount statement ZIP code B
i
ente
th
b
y
r
ng
ose num
ers as your electronic
sgnature, you will be agreeing to This aulborizahon so allow us and your bank to deduct each pa meet you authorize from your bank account
and to initiate
,
debit or credit entries to your bank Octount, as applicable, to correct an error in the pressing of such payment You must 01 us the ansount 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 Three business days in advance of the scheduled payment You may notify us by phone at I-800.347-2683 OF by roil at The address listed in the
previous porogroph IF your payments vary in amount, we will tell you on each monthly stotement when your payment will be made and how much 4 will be
t
Y
ti
l
our au
oma
c payment amount may be
ess 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. Fab 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
b
l
e
ieve Thor our report is inaccurate or incomplete, please write us at the Following address . Discover, PO Box 15316, Wilmington
DE 19850.5316 Please
,
indicate your name, address, home telephone number ord Account number
Paying Interod: We begin to impose Interest Charges on all transactions from she Transaction Dare for the transaction shown on your billing statement,
unless a Transaction a posted to your Account after the close of the billing period in which it Occurs, in which case we Is - to impose interest charges on that
transaction from The first day of The biting period in which is is posted to your Account We coritt.
nue I. impose Inbred Charges until The data you pay your
entire New Balance shown on your billing statement by making payments or receiving credits
tyou
aid the New Valance orr
i
b
lli
.
p
your prev
ous
i
ng statement
by the Payment Due late shown on Tot billing statement, we will not impose Interest Charges on new purchases, that is, purchhases first appearing on the
t billi
curren
ng statement, or any portion of a new purchase, paid by the Payment Due Date on your current billing statement We cad this Tia "gr ice period" Y
is not less than 25 da
Th
i
i
d
b
l
ys.
ere
s no grace per
o
an
a
ance transfers or cash advances As more fully described in the -lion of yy«ousr C' a..."
Agreement sided 'How We Apply Payments,' we generally apply payments to your Account based on the APR a
licable t
th
b
l
f
h
pp
o
e
o
onc?e o
eac
transaction
category This hares that if you do not pay the New Balance on the current billing statement by the Payment Due Date shown on that billing statement
Then
,
,
depending on the amount of your payment and she APRs on other balances, you may not get a grace period on new purchases.
Minfmum Interest Charge. We will charge you a minimum Interest Charge of $.50 for any billing period in which Interest Charges of less than $ 50
would other- be imposed
Annual Fee. IF your Account has an annual fee, it will be billed othhe beginning of each annivist'a year your Account is open The amount of The fee
appears on the statement who. the fee is billed The annual fee is not refundable unless you nobly us Thal you wish to close
our A
t
it
i
30 d
f
h
y
ccoun
w
h
n
ays o
t
e
mo8ing or delivery date of the statement on which the fee its billed You will receive this refund even B you use your Card during Tat period
How We Calculate Interest Charges - Daily Balance Method (including current transactions): We figure Interest Char
es lot each billin
g
g
period To do this
We calculate your Interest Charges separately For each balance subject to different terms (For example, standard Purchases, standard cash
advances and each purchase, balance transfer and cash advance balance subject to promotional terms) We refer to thou baances as
transaction colegories
We figure the'dody balance' for each transaction category To get The *daily balance we take the beginning balance for each day, add any
new Transa
ti
d f
d
I
c
ons an
ees an
any
nterest Charges accrued on The previous days daily balance We then subtract any credits and payments and
make other adjustments In calculating the daily balance for The first day of the killing ppeeriod, we consider the 'previous day's daily balance' to
have been your balance on the Est day of your previous billing period This ghves us the doily balance far each Transaction categor
y
We figure the Inia-t Charges on your Account by multiplying the daily balance for each transaction category by its doily periodic rate
for each
,
day in the billing 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
b
ll
i
ing period
When we calculate daily balances, we add a new transaction as of the Transaction Date shown on yyour billing statement unless the transaction is posted to
Account after the close of th
lli
b
d
i
h
h i
e
ng per
i
o
in w
ic
t Occurs, in which case the Transaction will be added to to daily balance as of The first day of she
billi
d i
hi
h i
i
ng perio
n w
c
t
s posted to your Account All fees charged to your Account are added to the standard purchase Transaction category with The
exception of Cash Advance Fees which are added to the applicable cash advance transaction category and Balance Transfer Fees which are added b the
applicable balance transfer Transaction category
For
T
D
(
Te
communications Device for the Deaf) assistance, please cap 1-800.347-7449.
lee
ID
?
?
A
A
A //
??
elJ
IfdMOlf'RNj+4rRfiitor and/or record telephone calls between you and Discover representatives for quality assurance purposes
The Discover® card is issued by Discover Bonk, Member FDIC OITBK 171
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# 8544074
Dee J. Malinich
6011002452619091
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson `~~' T ~~~.~`-;~!GP
Sheriff . r. ~~r,-, _ ~'t.~
Jody S Smith : s1 ,~~'~~ 1 Dr
Chief Deputy iii ~~ ~~
Richard W Stewart ~•'lJi~1~,, r;
solicitor ~` _ FEPJNSY~~,~~ ~~`
Discover Bank
vs.
Dee J. Malinich
Case Number
2010-5697
SHERIFF'S RETURN OF SERVICE
09/10/2010 08:02 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September
10, 2010 at 2002 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Dee J. Malinich, by making known unto herself personally, at 1138 Pheasant Drive
North, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her
personally the said true and correct copy of the same.
SHERIFF COST: $33.40
September 13, 2010
~- ~~J
DENNI RY, DEP
SO ANSWERS,
~~
RON R ANDERSON, SHERIFF
tul.rp_r _J p/4
Via: t
[??r
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
DEE J MALINICH
Defendant
No: 10-5697 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
08544074 C A Pit ALL
Judgment Amount $7147.83
'gp i
05
? ?a?00
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No. 10-5697 CIVIL TERM
DEE J MALINICH
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONTARY:
Kindly enter Judgment against the Defendant DEE J MALINICH above named,
in the default of an Answer, in the amount of $7147.83 computed as follows:
Amount claimed in Complaint $6690.26
Less payments / adjustments made $0.00
Interest on the remaining principal balance of
$6690.26 from July 08, 2010 to October 28, 2010
@ the interest rate of 16.240% per annum $332.57
Attorney's fees $125.00
TOTAL $7147.83
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. ar brodt,42524
0854407{ C/A Pit ALL
Plaintiff's address is:
c/o WELTMAN, WEINBERG & REIS CO., L.P.A.,
436 Seventh Avenue, Suite 1400 Pittsbur , PA 15219
And that the last known address of the Defendant is
DEE J MALINICH
1138 PHEASANT DR N
CARLISLE, PA 17013
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
Case No. 10-5697 CIVIL TERM
vs.
DEE J MALINICH
Defendant
IMPORTANT NOTICE
TO:
C )1E J MALINICH
1138 PHEASANT DR N
RLISLE, PA 17013
C/O CHARLES POLLOCK
10161 PARK RUN DRIVE STE 150
LAS VEGAS, NV 89145
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 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
By: - L- --
Matthew Urban
P.A.I.D.# 90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
8544074 A PIT T4S
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
Case No. 10-5697 CIVIL TERM
VS
DEE J MALINICH
Defendant
IMPORTANT NOTICE
TO:
DEE J MALINICH
1138 PHEASANT DR N
CARLISLE, PA 17013
/'C/O CHARLES POLLOCK
10161 PARK RUN DRIVE STE 150
LAS VEGAS, NV 89145
Date of Notice: 0 r
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) 248-3166
WELTMAN, WEINBERG & REIS CO., L.P.A.
by:
Matthew Urban
P.A.1.D.# 90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
8544074 A PIT T4S
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No. 10-5697 CIVIL TERM
NON-MILITARY AFFIDAVIT
DEE J MALINICH
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 , DEE J MALINICH 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:
DEE J MALINICH
1138 PHEASANT DR N
CARLISLE, PA 17013
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-01-2010 07:05:33
< Last
Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
MALINICH DEE J Based on the information you have furnished, the DMDC does not possess
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 01
y6k /#I. 1?, A?M-
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.
httn.c-//www dmdr. n-,d mil/anni/crra/nnnrennrt (in 1 1 /1 /x(11 n
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:G9IB4LLJGD
httnc-//www.dmdc osd mil/anni/ccra/nonrenort.rlo 1 1 /1/,)() 1 ()
DISCOVER BANK
Plaintiff
VS.
DEE J MALINICH
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Civil Action No. 10-5697 CIVIL TERM
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following Order of Judgment
was entered against you on
(xx) Assumpsit Judgment in the amount of $7147.83 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
Prothonotary
By:
DEE J MALINICH
1138 PHEASANT DR N
CARLISLE, PA 17013
Plaintiff's address is:
DEPUTY
c/o WELTMAN, WEINBERG & REIS CO., L.P.A.,
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955