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HomeMy WebLinkAbout11-1343 FILED-OFFICE 20111 FEB -4 PM 12: (4 4 "UMBERLAND C u ;T Fy PENNSYLV N 1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. PRUDENCE E DINGES Defendant No: //_ /31/3 ? a" I I COMPLAINT IN CIVIL ACTION 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 08881928 C A Pit KMJ l- ?? SlJli' SGU ? RIM Aqu?o 14)d voiby? z/J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No PRUDENCE E DINGES 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: PRUDENCE E DINGES 802 BALTIMORE PIKE GARDNERS, PA 17324 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4411 . 4. Defendant made use of said credit card and has a current balance due of $4490.96 , as of November 17, 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 28.9900 per annum on the unpaid balance from November 17, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" 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 , PRUDENCE E DINGES individually , in the amount of $4490.96 with interest at the rate of 28.990% per annum from November 17, 2010 plus attorneys' fees of $125.00 , and costs. James WELTM 436 S Pitts (412) FAX: 0888 This law firm is a debt collector att our client and any information obtain Warmbrbdt,42524 WEINBERG & REIS CO., L.P.A. th Avenue, Suite 1400 L, PA 15219 -7955 338-7130 C A Pit KMJ Ong to collect this debt for ill be used for that purpose. New Balance Minimum Payment Due Account Nu fiber ending in 4411 DISCOVER $0.00 $855.00 Enter Amount Enclosed Below Payment Der Date $ C Apri 29, 2009 31 SDSN6A010000651 PRUDENCE DINGES 802 BALTIMORE PIKE GARDNERS PA 17324-9005 Go paperless and make your account in(omration more secure with password- protected statements only you can access. Learn more at discover comlpsperless. PO BOX 6103 Illaasllaaaarllsssrllsllasl CAROL STREAM IL 60197-61ii3 Address, e-mail or telephone changes' Print change in space Inllnllnwrlllrlnlurlrllunnllllnnnllnlluurllnluil above, or go to Discover.com. Print your -mail address to receive important Account information and special offers. 00000y986458945637227000000000000000085500 Discover More Card Account Summary Closing Date: March 31, 2009 Page 1 of 1 Account number ending in 4411 Previous Balance $4,490.96 Payment Due Date April 29, 2009 Payments And Credits - 4,490.96 Minimum Payment Der $855.00 Purchases + 0.00 Credit Limit $4,600.00 Cash Advances + 0.00 Credit Available $0.00 Bak=* Transfers + 0.00 Cash Credit Limit 300.00 $1 Finance dwrges + 0.00 Cash Credit Available , $0.00 Nov Balance .00 Cashback Bowe Opening Cashbock Boma Balance $ 0.00 Nov Cashbaek Bonus This Period + 0.00 Cashbadc Bonus Balance $ 0.00 Coshbaek Baritas Anniversary Month: November How Can We Help You? 1. Visit Diseewr cem to pay yew bill for no cost, viewyour halal Account information, earn and redeem rewards and more It's your cWce - 3 ways to help 2. Cal 1-8004)ISCOVER (347-2683) for lost, easy Wl service Pleas haw Discover Card available. options or to speak with a Customer Service Account Manager your 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) no reverse side Salt Laku City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Tms. Pod Dub Dab Payrnsnte and Credits Mar 31 Mar 31 INTERNAL CHARGE-OFF $ .4,490.96 EXHIBIT - 1 FIiNAW Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee a RA? AGE FINANCE 8 tes R RATES CHARM CHARM currert billing period: 27 days Purchases $0 0.07942% 28.99% F 28.99% $0 $0 Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary M as noted above. eporfant ktormstbn. I two at more ton one page to this boiling stetermoent see live back leach page for additional important nlormeean. cn O Sea your Cardrsaimlo r Agreement. Your CardrnemberAgreement corneas al tle tams of your Account rj) Z Lost or Nolen arch. Report mmadenelyr Call 1400.347.2683 0 BMfrhg Rlglda Shternary h Case d Enaa or ouedo sAbout Your Bi If you hook your bib s wrog, a t you need more Wameton about a trsedom m yo rbi, wme b us on a separate Nteat of paper at Discover, PO Box 30421. Soh Lake City, UT 84130-0421, as soon as possible We nest hear from you no later thin 60 days stir we Gent you the frsf bib on o0 g which the error or problem appeared You an Wephme us, but drag so will not preserve your rights In your left. gm us the following information •Ybrname andAccount number • The dellr amour of the suspected ens N a • Describe the nor and explain, of you can, why you belom time is an ens I you read mite rd011aston, describe the dam you are unsure about c m 1(ou do not law to pay any rroura in question while we are anestgo". but you are ad obtgakd to pay the parts of your bill tal are not in gasbon. While we #was * you q eeten. we Cruet report you a6 daMlgfenl or take any action to collect the amount you grit on SpedY Rite for Clad! Card Ai chaos. I you hews a problem with the quality, d goods or sera ces think you purchased with a credit card, and you hoe tad in good fall to coned ft problem with the merchant you may not hews to pay to remaehng amour due on I* gads or winces. You have tau prop ction orty when to purchase price wit more theft $50 and the pudase was made in your home state, or wNrl 100 mks of your makhg address (I we own or operate the merchant, or t we masted youths ada tsement for nit goods or services, all purchases are wired fegrdm of the amroum or ktcebm of purchase) Payme te. Send only your payment and to top portion of txs statement in do rwelope povded. Do not send cash- By sending your dads as deaorbed above, you aulwn us 1D use adarnatm on your chedt to nuke an etectonc frond tenshr from your areas at to financed i sislu ton indicted on your deck or to proau to payment as a chadc traivesdoh if payment is processed as an eealrom fund Uanser, the Under will be for to armhount on the dolt When we use information from your deck b make an electronic lend traisix, kinds may, be wddrawn tan your admum as soon as the same day we raceme your payment and you will not eoewe your check back tom your financial natkaan The processing of your payment maybe delayed O you coed ash correspondence or other items with your payment, it you send the psym nt to cry other addrose or tyou use an envelope other tan the one prowled Payments recowed in proper barn at our prooseno g facility by 5PM kcal terra on any day will be rte6fad to your Account as of that day Paymerp reamed at cm prooomog facility der 5PM local lime will be cranked to your Account as of the- resit day if you hew misplaced you arwelops. said your payment to D wove, PO Bon 5103. Card Stream, L 60197-6103 Please allow 7-10 days for delivery I you payment is retuned unped. we Moo" the ngm to resubmit 9 as an electronic dealt You con pay your mmun payment or a greater amount over to telephoro, and you can sat up eaomsec payments. Call to at 1-600.347.2683 You wd need to movement and your b w* account nlanr inow You must enure that sufficient kids ae avakble in your bank account. and all transactions must comply with U S law. You will be mixed to provide to fast 5 digs of your ecwud afaeehert cop code By entering lase ambers as your Neutrons: equations you will be agreeing to to authorization to slow us and your bob to deduct each payment you ardhonim from you bank accomt. and to obese deft at ado rhos b your benk soccuK as applicable. b cared! an error n the praawg of such payment You mud tell a the ~ of each payment, or you an select an rmn! such as the Mrwnurn Payment Due or In New Balance on each Ndement You an crud s payment however we mist recene notice at eel tree busrom days in dvatoe of the sdhaddad payment You may rosily is by phone at 1,11110-M7-2683 or by met at the address listed in the previous VarAubmatic payment emourx peregraph Iyour prym enb may vary in amount we will el you on each monthly stafrroM wlan your paymrtwsl be made and haw much ivol be may be less then indicated on the monthly statement based on cra61s or payments applied during to boiling cycle Crudt Reporting We may report information abed your awrxt to alt boreaus. Lae psymrss rimed peynente, or otherdela lls on yam smug maybe ratscted n youraadx report We namely report the Naha and payrrent hrNey d yo rAc ou i b credit mpeteg agencies each month Iyou beksvs the ant spa! a solaria a somow, pew wwa us nk tlo kdowag eddrese Discover. PO Box 15316. Wirngfan. DE 19850.5316. Please include your now, address, flare telephone number and Amour! number PERWC FINANCE CHARGES. Pre6c Finance Charges am imposed on all transaction from the dale the transaction a posted b yo rAcmut until the doe you pry you ante New Balance, by me" payments or redewng credits tbwem, it you pad the New Balance on your previous telling statement by the Payment Ore Date shown an that statenort, and you pay to New Balance by the Payment Drs Date on your current king stasoment we will not mpaa Peaodic Finance Charges m new p rc heas, to is, purchase fuf appeaeg m the anent NnkrrOM We al his thaigace prod Otherwise. you will rearm a hisg Moment next month the includes Periodic; Finance Charges on those new purchases, There is no gas prod on balance Useless or ooh advances We sot your Uensec0as rtD gotps of purchases, ash advances, and balsa ranslere and than Artlor sot to trrosraora within each gray by their A nut Percentage Rate. For example, purchases sdyed to a to mtots" ode and pudtwa subyect to a standard rate would be separate grans. We refer b then groups as transaction alBgehe. N to and of each boiling period, we conpuse elms and Periodic Finance Charges for each dry of the bilYg prod for each transaction ategory We use the elDrll(i equation to ample Perak Finance Charges breach tssacaoncategory Average Defy Befarce x number ddays n the bitg pond x Deily Pradle Rae (You may rater b to finny charge summary on your biing statement fa these anoub) Than as add up to Peehods: Irma Charges for each transaction ategay b gat the kid Pies hObC From Charges for your Account TheAmage Daly Bloods n share as raoo t, because N to goaee pro4 era Pa odle Frmm Charge apply b to blocs n a uw=c on eabgory We ise the Average Daily Balance (including now transactions) metx:d of calademg do balance upon Ouch we repose Perock Finance Charges We oonpue the Average Daily Batrta for each transaction cdegay by adding ip all the dry bala ncis in a biling period for a transaction category and dividing the octal by the umber of days in to bring cycle We eompate the daily balance for each transaction category on each day by first adding the lodowhg to the prsvaxu days daily balance ear eactam made tat toy, tee dodged that day and Peak Faance Charge accrued on the proxies day's daily belaroe and by thin subtracting any credos and payments that are applied against the balance of to transaction category on that dry. In calculating do dry balance err the bat dry of the billing prod, we ansder the-previous, day's bdana- to hewn ban your elide for each transaction category on the faN day of your previous bing period- I a transaction is posed to you Account after the doe of to bung peed in which t occurs, we will teat the i arorlm as he* dig occurred on be trot day of tlM bdfag prod in which it is posted b your Account M toes r ?x het are added to die standard purchase transaction category with to exception at Cash Advance Transaction Fee Frhroe Charges which am added to the When a licable balance trainer traasadeoi css Ch h h as added to the a T F F T l g y pp inances arges w ic ee ramp ransaction applx eb ihsactan ategary Bond Brice er a special balance tender rase epees, we move the utpeaf balance of to balance trder and the Balsa Trader Transaction Fee Finance Charges to to standard purchase transaction category Fbwe it to special rate has been terminated under to Del" Rate Plan. we leave live unpo d balance of the balance transfer and she Balance Transfer Trans- action Fee France Charges in the applicable, Usseclim category ual to special Fine would have expired For TDD (Teecammnlcations Device for rise DeaQ aeeieWU, please al ta00.347-744I. Deaver may moray andla record telephone calls between you and Dswvr epres"eves for quetey essence purposes The DOcum' card is daimad by Discover Bank. Member FDIC OITBK170 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is Natasha Szczygiel, Legal Placement Account Manager (Name) (Title) of DB Servicing Corporation successor to DFS Services LLC servicing agent for Discover Bank, (Company) plaintiff herein, that she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. WWR# 8881928 Prudence E. Dinges 6011002836704411 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Orr - FILED-OFFiGE r- Rn 09, r ?jr L0 11 FEB I I P1 1: ! k'UMBERLANG 1"6U?'? i PEPHSYt 71 Discover Bank Case Number vs. 2011-1343 Prudence E. Dinges SHERIFF'S RETURN OF SERVICE 02/09/2011 11:15 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 9, 2011 at 1115 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Prudence E. Dinges, by making known unto herself personally, at 802 Baltimore Pike, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.90 February 10, 2011 ROB T BITNER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ' C= IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA r CIVIL DIVISION -<> ! CZ) DISCOVER BANK C) Plaintiff .. arj vs. Civil Action No. 11-1343 CIVIL' PRUDENCE E DINGES PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant PRUDENCE E DINGES above named, in the default of an Answer, in the amount of $5056.89 computed as follows: Amount claimed in Complaint $4490.96 Less payments / adjustments made $0.00 Interest on the remaining principal balance of $4490.96 from November 17, 2010 to March 21, 2011 @ the interest rate of 28.9906 per annum $440.93 Attorney's fees $125.00 TOTAL $5056.89 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. W roc t , 4 08881928 C Pit DFO Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, A 15219 And that the last known address of the De dant is PRUDENCE E DINGES 802 BALTIMORE PIKE GARDNERS, PA 17324 PC' -111, x,$91 -So a5?3? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. PRUDENCE E DINGES Defendant Case No. 11-1343 CIVIL IMPORTANT NOTICE TO: PRUDENCE E DINGES 802 BALTIMORE PIKE GARDNERS, PA 17324 _711 1 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: ./// Matter an 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 8881928 A PIT M4Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-1343 CIVIL NON-MILITARY AFFIDAVIT PRUDENCE E DINGES 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 , PRUDENCE E DINGES 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: PRUDENCE E DINGES 802 BALTIMORE PIKE GARDNERS, PA 17324 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 10 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Mar-21-2011 13:28:10 N Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency DINGES PRUDENCE Based on the information you have furnished, the DMDC does not possess E 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). Alky, 4A4 - A?? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The 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 htti)://www.defenselink.mil/fag/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 3/21/2011 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:OB7TNF5JMS https://www.dmdc.osd.mil/appj/scra/popreport.do 3/21/2011