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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank,
Through Its Servicing Agent,
DB Servicing Corporation
Plaintiff
VS.
JAY BEAR
Defendant
No : la - ao a 01 vd Term
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan,47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
09537197 C A Pit SJS
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4 103. 15 Pb A77`/
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P.I* a'I3 /9S
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank,
Through Its Servicing Agent,
DB Servicing Corporation
Plaintiff
VS. Civil Action No
JAY BEAR
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 banking institution organized under
the laws of the State of Delaware and maintains a business address of
12 Reads Way, New Castle, DE 19720.
2. DB Servicing Corporation is the servicing affiliate for Discover
Bank, f/k/a Greenwood Trust Company, an FDIC-insured Delaware State
bank. As the servicing affiliate, DB Servicing Corporation performs a
variety of services for Discover Bank including, among other things,
the collection of delinquent accounts, marketing, application
approval, transaction approval, customer service, and billing. The
collection of delinquent accounts includes the right to forward the
account to the attorneys and/or collection agencies for collection and
to file suit on Discover Bank's behalf.
3. At all times pertinent hereto, DB Servicing Corporation is the
servicing affiliate for Discover Bank, in reference to Defendant
account, which is the subject of this litigation.
4. Defendant is adult individual(s) residing at 387 GREENSPRING RD
NEWVILLE, PA 17241
5. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX9182 .
6. Defendant made use of said credit card and has a current balance
due of $14320.77 , as of February 29, 2012 .
7. Defendant is in default by failing to make monthly payments when
due. As such, the entire balance is immediately due and payable to
Plaintiff.
8. Plaintiff is entitled to the addition of interest at the rate of
18.240% per annum on the unpaid balance from February 29, 2012 . A
copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit
nln
9. Although repeately requested to do so by Plaintiff, Defendant has
willfully failed and/or refused to pay the balance due the Plaintiff.
WHEREFORE, Plaintiff prays for Judgment in its favor and against
Defendant, STAY BEAR INDIVIDUALLY , in the amount of $14320.77 with
interest at the rate of 18.240% per annum from February 29, 2012 until
date of judgment and costs.
? - -Imz?? ---
William T. olcz ,47437
WELTMAN, WEINB G & REIS CO., L.P.A.
436 Seventh Av nue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
WWR# 09537197 C A Pit SJS
This law firm is a debt collector attempting to collect this debt for
our client and any information obtained will be used for that purpose.
DISCOVER New Balance Minimum Payment Due Account Number ending in 9182
$14,320.77 24.00 Enter Amount Enclosed Below
24 SDSN6A010006987
JAY BEAR
387 GREENSPRING RD
NEWVILLE PA 17241-9608
Payment Due Date
February 19, 2012
$
Please make check payable to Discover Card.
Minimum payment due includes a past due
amount of 51,642.00. Phone and internet
payments must be made by 5:00pm ET for same
day pAcceostinRand manage your account at
www-Discover.com or visit m.discover.com
on your mobile phone.
PO BOX 71084 {{{rnrl{""'{'{'{"{'{"{{
CHARLOTTE NC 28272-1084
Address, e-mail or telephone change?
{uIr{{n{urlrl{nrlnlnlur?{?Inrlu{uIu{lulululnln{?
Go to www.Discovercom or print change in space above.
000001986833885015388143207700000000192400
Opening Date: December 25, 2011 - Closing Date:
Z4, LU I L page I or z
Discover More Card Account Summary
Account number ending in 9182
Previous Balance _ $14,316.24
Payments And Credits 250.00
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Fees Charged + 35.00
Interest Charged + 219.53
New Balance $141320.77
See Interest Charge Calculation section following
transactions for detailed APR information
Credit Line $13,100.00
Credit Line Available $0.00
Cash Advance Credit Line $6,600.00
Cash Advance Credit Line Available $0.00
You may be able to avoid Interest Charges, see Additional
Important Information for details.
Cashback Bonuse
Anniversary Month
October
Opening Cashbock Bonus Balance $ 0.00
New Cashbock Bonus This Period + 0.00
Cashbock Rams Balance $ 0.00
To learn more, log in at www.Disco~.com
3 Easy Ways to Contact Us Manage Your Account Online at www.Discover.com
1 Access your account securely at www.Discaver.com Access free online tools like Paydown Planner to create a plan
2. Call 1-800-DISCOVER (1-800.347-2683 to pay down your balance securely access statements, pay
Please have your Discovere card available. bills online and easily track all transactions
3. Write to us at Discover, PO Box 30943,
Salt Lake City, UT 84130 (Not a payment address) Make your money worth moresm-find easy ways to earn
For payments, please send to address on remittance or and redeem cash rewards
Discover. PO Box 6103, Carol Stream, IL 601 97-6 1 03 NEWT Access your account securely through your
For TDD (Telecommunications Device for the Deaf mobile phone
assistance, please call 1-800-347-7449
Transactions
Trans. Post
Date Date
Payments and Credits Dec 24 Dec 25 INTEREST CHARGE REFUND $ -40.00
Dec 24 Dec 25 CONDITIONAL COURTESY CREDIT -210.00
Fees Jan 19 Jan 19 LATE FEE $ 35w9Q
TOTAL FEES FOR THIS PERIOD 3 I
Interest Charged INTEREST CHARGE ON PURCHASES $ 219.53 j
Payment Information
New Balance $14,320.77
Minimum Payment Due* $1.924.00
Payment Due Date February 19, 2012
*Includes past due amount of $1,642.00
Lola 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 $35.00 and your purchase and balance transfer
APRs for new transactions may be increased up to the Penalty
APR of 23249'. variable.
Minimum Payment Warning: 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:
If you make no You will pay off the And you wig end
cftars balance shown on up paying an
ing this card and this statement -nn estimated total of:
ch month you pay . a6oui.
Only the minimum 44 years $50,633
payment
If you would like information about credit counseling services,
call 1-800-3A7-1121
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
Paperless statements mean less clutter, more convenience
Easily access up to 24 months of downloodable, password protected statements.
• See your statement as soon as it's available rather than wait for it to arrive in your mailbox.
• Get helpful payment reminders through e-mail or text messages on your mobile phone.
• Print a paper copy of your statement anytime.
• Sign up today at D6covercom/poperfess j
®2010 Discover Bank, Member FDIC
II
PAPM1311
Transactions
Trans. Post
(cont.) Date Interest charged INTEREST CHARGE ON CASH ADVANCES S 0.00
INTEREST CHARGE ON BALANCE TRANSFERS 0.00
TOTAL MEREST FOR THIS PMOD 219.53
2012 Totals Year-to-Date
9537197
TOTAL FEES CHARGED IN 2012 S 35.00
TOTAL INTEREST CHARGED IN 2012 179.53
N
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0
0
0
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X
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Questions? Visit www.Discover.com or DISCOVER
call 1-800-DISCOVER (1.800-347-2683).
DISCOVER lrpaysro JAY BEAR
Account number ending in 9182
page 2 of 2
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Current Billing Period: 31 days
SUBJECT TO INTEREST CHARGE (AP
TYPE OF BALANCE ???PERCENTAGE INTEREST RATE
Purchases 18.24% V $14,172.19 $219.53
Cash Advances 23.99% V $0 $0
V = Variable Rate
Information For You
* * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and arrangements for future
payments should be made immediately.
Addil6nal important himmatioa
See your Cardmember Agesment. Your Cardmember Agreement contains all the terms of your Account.
Lost or stolen cards. Report immediately! Cab 1-800-347-2683.
What To Do N 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 Salt Lake City, UT 84 1 30-042 1
In your letter give us the following information:
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
it is a mists c(e.
You must contact us within 60 days after the error appeared on your statement.
You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any
potential errors and you may have to pay the amount in question.
While we investigate whether or not there has been an error the Following are true:
We cannot try to mNed the amount in question, or report you as delinquent on that amount.
The charge in quedion 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 not have to pay the remount 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 Riahts ff You Are DissafisBed with Your Credit Cord Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried
in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount
due on 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 mailing address, and
the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was
based on an advertisement we mailed to you or if we own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a
check that accesses your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:
Discover PO Box 30945, Salt lake City, UT 84130.0945
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our
investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we
may report you as delinquent.
Payments. You maypa y all or part of your Account balance at any time. However you must pay at least the Minimum
Payment Due by the Payment Due Date. Send only your payment and the top portion of this statement in the envelope
pprovided. Do mat send cash. Byy sending your check as described above, you authorize us to use information on your check
to make an electronic fund fransFer from yaw account at the financial institution indicated on your check or to process the
payment as a check trrensadion. If pa ert is processed as rem electronic fund Irgnsfer the transfer will be for the amount of
the check. When we use information from your cfieck ro make an electronic fund transfer funds may be withdrawn from your
account as soon as the same day we receive your payment, and you will not receive your check back from your financial
institution.
u u send cash, corraspondenxe or other items with your payment, if you
he processing of your payment may be delayed if you
send the payment ro an ether address or if y use emrolope other than the one provided. Payments received nn proper
in at our processing locilitySPM local 6ma on any d call be credited ro your Account as of that day. Payments
received at our processing (act aker 5PM kxat timane wdl?e credited fo vow Account as of the nerd day. IF you have
placed your envelope, send your payment to Discover
Box 6103 Card Stream, IL 60197103. Please allow 7.10
in..
days for delivery. If your payment is returned unpaid, we reserve the rig?it ro resubmit t as an electronic debit.
9537197
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER
You can pay r monthly Minimum Payment Due, or a greater amount that does not exceed your current Account bakmce,
over the tell ne or you can setup automatic payments through a customer service represenfatlve by callirng
1-900.347- 683. Automatic payments will be deducted on the Payment Due Date unless you request a recurring QayrnOrd
date (e.g. the 15th day of the month) that occurs before your Payment Due Date. If your scheduled payment dare Fall on a
weekend or bank holiday, your payment will be processed the business day for to the weekend or bank holiday. In order
to schedule monthly payments b telephone, you will need this statement and?your bank account information. You will be
asked to provide the last four (A digits of the social security number of the primary borrower. By providing those numbers as
your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you
authorize, in the amount selected by you, from your bank account. You also authorize us to initiate debit or credit entries to
your bank account as a p?(cable, to correct an error in the processing of such payment- You can cancel a scheduled
payment by phone at 1-1?b0 347.2683 or by mail at Discover, PO Box 30421 Silt Lake City, UT 84130A421, however we
must receive notice at least three business days in advance of the scheduled payment. If your payments may vary in amount,
we will tell you on each monthly billing statement when yaw payment will be made and how much it will be. You must ensure
that sufficient funds are available in your bank account, and all transactions must comply with U.S. law.
You can set automatic payments for (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum
Payment Due plus a fixed dollar amount, or (iv) a fixed dollar amount. If your scheduled fixed payment is not enough to cover
the Minimum Payment Due as listed on your monthly billing statement, your scheduled payment for that month wil be
increased to cover the Minimum Payment Due. If the scheduled payments eater thin the Minimum Payment Due, any
excess will be applied in accordance with your Cardmember Agreement. I?your scheduled payment is greater d ian the New
Balance on your billing statement, that payment will be processed only for the amount of your New Balance. Your automatic
payment amount maybe less than the amount indicated on the periodic statement based on credits or payments after the
Closing Date.
If you enroll by phone in our automatic payment service, please Win the following blanks below and retain the authorization
for your records.
Amount: ? Full Pay ? Min Pay ? Min Pay + S _ ? Fixed Pays--,
Bank Routing #: Bank Account #: , Frequency:
Credit Reporhng. We may report information about your Account to credit bureaus. Late payments, missed payments, or
other defauls on your Account may be reflected in your credit report. We normally report the status and payment his" of
your Account to credit reporting agencies each month. IF you believe that our report is inaccurate or incomplete, please write
us at the Following address: Discover. PO Box 15316, W lmington, DE 19850-331& Please indicate your name, address,
hone telephone number and Account number
Pa)rirg Interest We begin to impose interest charges on a transaction fee or interest charge from the day we add it to the
dally balance. We continue to impose interest charges until you pay three total amount you owe us. You can avoid paying
interest on Purchases as described below. However. you cannot avoid paying interest on Balance Transfers or Cash
Advances.
How to Avoid Paving Interest on Purchases I"Grace Period")
1Fy-ou paid the New Balance on your previous ' ib g statement by the Payment Due Date shown on that billing statement, we
will not i7se interest charges on new Purchases or a portion of a new Purchase, paid by the Payment Due Date on your
current bit i7 se statement. New Purchases are Purchasesthat first appear on the current billing statement.
How We Apply Payments May Impact Your Grace Period
IF you do not pay your Now Balance in each macf then, depending on the balance to which we apply your payment,
you may not get a grace period on new Purchases.
How We Cdculade Interest Charges Daly Balance Me" ('including current vannsociians): We calculate interest charges
each billing period by first fi urinngg the "daily balance" For each Transaction Category. Transaction Categories include
standard Purchases, standard C.% Advances and different promotional balances, such as Balance Transfers.
How We Figure do Daily Balance for Each Transaction Category
• We start with the beginning balance for each day. The beginning balance for the first day of the billing period is
your balance on the last day of your previous billing period
We add any interest charges accrued on the previous day's daily balance and any new transactions and fees. We
add any new transactions or fees as of the later of the Transaction Date or the first day of the billing period in
which the transaction or fee posted to your Account.
• We subtract any new credits and payments.
• We make other adjustments (including those adjustments required in the "Paying Interest" section).
Flow We Figure Your Told Interest Charges
We multiply the daily balance for each Transaction Category by its daily periodic rate. We do this for each day in
the billing period. This gives us the interest charges for each Transaction Category. To get a daily periodic rate,
we divide the APR that applies to the Transaction Category by 365.
• We odd up all the daily interest charges. The sum is the total interest charge for the billing period.
flow We Include Fees
We add Balance Transfer Fees to the applicable Balance Transfer Transaction Category. We add Cash Advance
Fees to the applicable Cash Advance Transaction Category. We add all other fees to the standard Purchase
Transaction Category.
Balance Subod to Interest kale. Your statement shows a Balance Subject to Interest Rate. It shows this for each
transaction category. The Balance Subject to Interest Rate is the average of the daily balances during the billing
period.
Credit Balances. If your Account has a credit balance, the amount is shown on the front of your billing statement.
A credit balance is money that is owed to you. You may make charges against this amount if your Account is
open. We will send you a refund of any remaining balance of 51.00 or more after 6 months, or as otherwise
required by applicable law.
For TDD (Teleconernmications Device for d w Deal) assistance, please cat 1.800.347-7449.
Dr4e Aacl7montor and/or record telephone calls between you and Discover representatives for quality assurance
purposes.
The Discovers card is issued by Discover Bank, Member FDIC RZNFEOOI
Questions? Visit www.Discover.com or DISCOVER
call 1.800-DISCOVER (1.800-347-2683.
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 Szczveiel, 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# 9537197
Jay Bear
6011499471179182
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith R ti
r
Chief Deputy L 'it i
Richard W Stewart ;l-tM?
Solicitor Eto,r,a`1'tDiscover Bank
Case Number
vs.
Jay Bear 2012-2052
SHERIFF'S RETURN OF SERVICE
04/05/2012 07:31 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 5,
2012 at 1931 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Jay Bear, by making known unto himself personally, at 387 Greenspring 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.
S HAW N SHALL, D TY
SHERIFF COST: $40.00
April 10, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS l SIC; iU [r'
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION J?:
Discover Bank, Through Its Servicing Agent, C 0 U N
DB Servicing Corporation = :1,''lLV6'°?A
Plaintiff
VS. Civil Action No. 12-2052 CIVIL TERM
JAY BEAR
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONTARY:
Kindly enter Judgment against the Defendant JAY BEAR
above named, in the default of an Answer, in the amount of $14863.47
computed as follows:
Amount claimed in Complaint $14320.77
Less payments / adjustments made $0.00
Interest on the remaining principal balance
from February 29, 2012 to May 15, 2012
Q the interest rate of 18.240W per annum $542.70
Attorney's fees $0.00
TOTAL $14863.47
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:
Matt ew D. Ur an, 3
09537197 C A Pit SJS
Plaintiff's address is:
c/o WELTMAN,'WEINBERG & REIS CO., L.P.A.,
436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219
And that the last known address of the Defendant is
JAY BEAR
387 GREENSPRING RD
NEWVILLE, PA 17241
Q?? ?os??to?b
975 8*7
V?
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank, Through Its Servicing Agent DB
Servicing Corporation
Plaintiff
Case No. 12-2052 CIVIL TERM
VS.
JAY BEAR
Defendant
IMPORTANT NOTICE
TO:
JAY BEAR
387 GREENSPRING RD
NEWVILLE, PA 17241
Date of Notice:
YOU ARE IN. D FAULT 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:
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
(412) 338-7130
9537197 A PIT H4N
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank,
Through Its Servicing Agent,
DB Servicing Corporation
Plaintiff
VS.
JAY BEAR
Civil Action No. 12-2052 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 , JAY BEAR
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:
JAY BEAR
387 GREENSPRING 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.
AFFIANT
Department of Defense Manpower Data Center
40 Seaga Rem
p t to Servicemembers Civil Relief Ad
Last Name: BEAR First Name: JAY Active Duty Status Date May-23-2012
Results as of : May-23-2012 05:03:32
SCRA 2.1
Active ury End Date Status Service Component
On Active Duty On Active Duty Status Date
NA No NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Acute Duty Status Date
NA No NA
This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Nothled of a Future Call-Up to Active Dury, on Active Duty Status Date
NA No NA
i This response reflects whether the individual or his/her unit has received early notification to report for active duty i
Upon searching the daka banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
?? ,mac,-?.
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) 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 Servicemembers Civil Relief Act (50 USC App. § 501 at 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 only 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 was on active duty for the active duty status date, 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: hftp://www.defenselink.miVfaq/pis/PC0gSLDR.htmi. If you have evidence the person was on active duty for the active duty status
date 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., a SSN, First Name), you can submit your request again at this Web site and we will provide a new
certificate for that query
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense 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 Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (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).
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. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
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 chock 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 the SCRA
extend beyond the last dates of active duty.
Those who could 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 last name, SSN, and active duty status date provided by the requester. Providing erroneous
information will cause Ian erroneous certificate to be provided.
Report ID: R85D7V7V3B
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank, Through Its Servicing Agent,
DB Servicing Corporation
Plaintiff
VS. Civil Action No. 12-2052 CIVIL TERM
JAY BEAR
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the f llo ing Order of Judgment
was entered against you on _4o? (a
(xx) Assuftipsit Judgment in the amount of $14863.47 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
( ) Arbitrati Aw
Prothonotary
,.
By:
JAY BEAR
387 GREENSPRI,NG RD
NEWVILLE, PA 17241
Plaintiff's address is:
c/o WELTMAN,WEINBERG & REIS CO., L.P.A.,
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955