HomeMy WebLinkAbout12-2054
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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.
KENNETH WIRTH
Defendant
No: /oZ - .2657 O'ivilTerm
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
09527901 C A Pit SJS
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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. Civil Action No
KENNETH WIRTH
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 4925 GETTYSBURG RD
MECHANICSBURG, PA 17055
5. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX3040 .
6. Defendant made use of said credit card and has a current balance
due of $2106.35 , as of December 31, 2011
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 December 31, 2011 . A
copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit
1
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, KENNETH WIRTH INDIVIDUALLY , in the amount of $2106.35
with interest at the rate of 18.240% per annum from December 31, 2011
until date of judgment and costs.
William T. Molczan, 437
WELTMAN, WEINBERG REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
WWR# 09527901 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
$2,106.35 $2,106.35
Payment Due Date
February 10, 2012
15 SDSN6A01 0003602
KENNETH WIRTH
4925 GETTYSBURG RD
MECHANICSBURG PA 17055-4816
Account Number ending in 3040
Enter Amount Enclosed Below
Please make check payable to Discover Card.
Minimum payment due includes a past due
amount of $354.00. Phone and internst
payments must be made by 5:00pm ET for some
and manage your account at
www.Discover.coFnor visit m.disemer.com
on your mobile phone.
PO BOX 6103 lllssellrssssallrlalsalarll
CAROL STREAM IL 60197-6103
Address, e-mail or telephone change?
Go to wrww.Discover corn or print change in space above. l'll'rlluuulllnln1 'nlnIf nnnl1llnnpill lluurllnlnl)
000001986458129566093021063500000000210635
opening Date: January f, 2012 - Closing Dale: Janes
I Discover More Card Account Summary Account number ending in 3040
Previous Balance $2,106.35
Payments And Credits 0.00
Purchases + 0.00
Balance Transfers + 0.00
Cash .Advances + 0.00
Fees Charged + 0.00
Interest Charged + 0.00
New Balance 2,106.35
See Interest Charge Calculation section following
transactions for detailed APR information
Credit Line $1.900.00
Credit Line Available $0.00
Cash .Advance Credit line $0.00
Cash ,Advance Credit Line Avoik&6 $0.00
?.w?avua.w uvrrw Anniversary Month
September
Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus This Period + 0.00
Cashback bonus balance $ 0.00
To learn -, log in at www.Discowr.com
3 Easy Ways to Contact Us
1 Access your account securely at www.Discovrlr co n
2. Call 1.800-DISCOVER (1-8011347-2683)
Please have your Discovers card available.
3. Write to us at Discover, PO Box 30943,
Salt Lake City, LIT 84130 (Not a payment address)
For payments, please send to address on remittance or
Discover, PO Box 6103, Carol Stream, IL 60 1 97-6 1 0 3
For TDD (Telecommunications Device for the Deal(
assistance, please call 1-800.347-7449.
try 15, 2012
page 1 of 2
Payment Information
New Balance $2,106.35
Minimum Payment Due* $2,106.35
Payment Due Date February 10, 2012
*Includes past due amount of $354.00
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 $35.00 and your purchase and balance transfer
APRs for new transactions may be increased up to the Penalty
APR of 23.24% variable.
Mirimwn 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:
fyitsiratpksAati You will payoff tfie you *4 and
<
balance shown oa OP n9 an
.
errd>7nr1 this atafemeait m +isEunafed iota] of.
Only the minimum 8 years $2,106
payment
If you would like information about credit counseling services,
call 1-800-3471121
Manage Your Account Online at www.Discover.com
• Access free online tools like Paydown Planner to creole a plan
to ay down your balance, securely access statements, pay
bilpls online and easily track all transactions
• Make your money worth more W-find easy ways to earn
and redeem cash rewards
• NEWT Access your account securely through your
mobile phone
Transactions
Trans. Post
Dale Dale
Fees
TOTAL FEES FOR THIS PERIOD
S t I&
Interest Charged TOTAL INTEREST FOR TFRS PERIOD $ 0.00
2012 Totals Year-to-Date
TOTAL FEES CHARGED IN 2012 0.00
TOTAL INTEREST CHARGED IN 2012 0.00
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISC*VER
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 Discovercom/paperless
02010 Discover Bank, Member FDIC PAKt0310
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9527901
Questions? Visit www.D6cmw.com or DISCOVER
call 1.800-DISCOVER (1-800-347-2683)
DISCOVER
It pays to KENNETH WIRTH
DISC VEK Account number ending in 3040
page 2 of 2
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Current Burg Period: 15 days
TYPE Of BALANCE
Purchases
Cash Advances
V = Variable Rate
ANNUAL R'ERCENTAGE ? SSUUB ECT TO INTEREST CHARGE
18.24% V $0 $0
29.99% V $0 $0
Addi iianal knporfte In6ornwlion
See your Cardmernber AgneenrrN Your Cardmember Agreement contains all the terms of your Account.
Lost or stolen cards. Report immediatelyf cal 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 Soh Lake City, UT 84130-0421
In your letter give us the following information:
Account information: Your name and account number
iDollar amount. The dollar amount of the suspected error
Descri bon 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 mistake.
You must contact us within 60 days after the error appeared on your statement.
You must notify us of any potential error in wntin. 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 collect the amount in question, or report you as delinquent on that amount.
• The charge in guestion may remain on your statement, and we may continue to charge you interest on that amount. But, if
we determine Hwd we made a mistake, you will not have to pay the amount in question or any interest or other fees related
to that amount.
While you do not have to the amount in question, you are responsible for the remainder of your balance.
'tie can apply any unpaid amount against your credit limit.
Your Riahts 0 You Are Dissatisfied With Your Credit Card 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 purchose 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 some 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 may pay 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
provided. Do not send cash. BYY sending your check as described above, you authorize us to use information on your check
to make an electronic fund fronsler from your account at the financial institution indicated on your check or to process the
payment as a check transaction. IF payment is processed as an electronic fund transfer, the transfer will be for the amount of
fhb check. When we use information from your check to make an electronic fund transfer funds may be withdrawn from your
account as soon as the some day we receive your payment, and you will not receive your check back from your financial
institution.
The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you
sand the payment o an other address or if you use an envelope other than the ors provided. Payments received m proper
form at our processing facility by SPM kxa) time on any dayy will be credited to your Account as of that day. Payments
received at our processing facihty after SPM I«al time will be credited to ur Account as of the next day. If you have
misplaced your envelope, send your payment to Discover, PO Box 6103, Carol Stream, IL 601 97-6 103 . Please allow 7-10
days for delivery. If your payment
ns return ad unpaid, we reserve the right to resubmit it as an electronic debit.
9527901
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER
You can pay our monthly Minimum payment Due, or a greater amount that does not exceed your current Account balance,
over the to one or you can setup automatic payments through a customer service representative by calling
1-800.347- 683. Automatic paymoris will be deducted on the Payment Due Date unless you request a recurring
date (e.g. the 15th df the month) that occurs before your Payment Due Date. If your scheduled payment dde7alls 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 payents b ??? you will need this statement and your bank account information. You will be
asked to provide the last four (4ldigiis of this social security number of the primary borrower. By providing those numbers as
your electronic signature, you will be agreeing to this oulhaization to allow us and your balk 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 icable, to correct an error in the processing of such payment. You can cancel a scheduled
payment by phone at 1 347-2683 or by mail at Discover PO Box 30421 Sah Lake City, UT 84130.0421 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 your payment will be mode and how much it will be. You must enure
that sufficient funds are available in your bank account, and all transactions must comply with U.S. low.
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 enouqh to cover
the Minimum Payment Due as listed on your monthly billinngg statement, your scheduled payment for that month will
increased to cover the Minimum Payment Due. If the schediuled payment is realer than the Minimum Payment Due, any
excess will be applied in accordance with your Cardmember Agreement. If your scheduled payment is greater than 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 fill-in the following blanks below and retain the auttwrization
for your records.
Amount: ? Full Pay ? Min Pay ? Min Pay + $? Fixed Pays
Bank Routing #: Bonk Account #: , Frequency:
Credit Reporting. We may report information about your Account to credit bureaus. Late 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 believe that our report is inaccurate or incomplete, please write
us at the following address: Discover, PO Box 15316, ilmington, DE 19850.5316. Please indicate your name, address,
home telephone number and Account number.
Payr+g Interest We begin to impose interest charges on a fransaction fee or interest charge From the day we add it to the
daily bounce. We continue to impose interest charges until you pay ttie 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 P i Interest on Purcha1giZiGrace Period"1
you paid the Now Balance on your previous hulling statement by the Payment Due Date shown on that billing statement, we
will not impose interest charges on new Purchases a any Portion of a new Purchase, paid by the Payment Due Date on your
current bit ding statement. New Purchases are Purchases that first appear on the current billing statement.
How We Apply Paymenh lAoy_I? Your Grace Period
If-you ?o not pay your New each mince- in month, , depending on the balance to which we apply your payment,
you may not get a grace period an new Purchases.
How We Calculate Merest charges Daly Ba6rce Method ("ding currents lrarsoclions): We calculate interest charges
each billing period by first figuring the "daily balance" for each Transaction Category. Transaction Cat rtes include
standard Purchases, standard Cash Advances and different promotional balances, such as Balance Trans rs.
How We Figure the Daily Balance for Each Transaction Category
We start with the beginning balance for each day. The beginning balance for the first day of the biking period is
your balance on the last day of your previous Writing period
• We add any interest charges accrued on the previous day's daily balance and any new transactions and fees. We
add anyy 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).
How We Figure Your Total Merest Charges
• We multiply the daily balance for each Transaction Category by its daily periodic rate. We do this for each day in
the billin 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 add up all the daily interest charges. The sum is the total interest charge for the billing period.
How We Inc6& 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 Subject to interest Rate. 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 $ 1.00 or more after 6 months, or as otherwise
required by applicable law.
For TDD (Tdecomrrrunrications Device fordo Dead( aissidurce, please call 148110-347-7449.
19=SQ; monitor and/or record telephone calls between you and Discover representatives for quality assurance
purposes.
The Discover®card is issued by Discover Bank, Member FDIC RZNFE001
Questions? Visit www.Wacovw.corn 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 Szczvgiel, 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# 9527901
Kenneth Wirth
6011002085533040
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy 12 f.i 1 8.
Richard W Stewart
wl,? ;1?1 y +
Solicitor n q,a r w,? -k/P1 11, E / ,
Discover Bank
vs. Case Number
Kenneth Wirth 2012-2054
SHERIFF'S RETURN OF SERVICE
04/04/2012 02:43 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April
4, 2012 at 1443 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Kenneth Wirth, by making known unto himself personally, at 4925 Gettysburg Road,
Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to
him personally the said true and correct copy of the same.
F
MICHELLE GUTS DEPUTY
SHERIFF COST: $38.00
April 10, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS `{
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank, Through Its Servicing Agent, ' 'sL SKID C0UIN'T
DB Servicing Corporation
Plaintiff
vs. Civil Action No. 12-2054 CIVIL TERM
KENNETH WIRTH
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONTARY:
Kindly enter Judgment against the Defendant KENNETH WIRTH
above named, in the default of an Answer, in the amount of $2249.19 computed
as follows:
Amount claimed in Complaint $2106.35
Less payments / adjustments made $0.00
Interest on the remaining principal balance
from December 31, 2011 to May 15, 2012
@ the interest rate of 18.240% per annum $142.84
Attorney's fees $0.00
TOTAL $2249.19
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:
Matthew D. Urban,909
09527901 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
KENNETH WIRTH
4925 GETTYSBURG RD
MECHANICSBURG, PA 17055
0,Uk%i6.S6f---a Q
CK?f Ia?s?(Oct
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank, Through Its Servicing Agent DB
Servicing Corporation
Plaintiff
vs
KENNETH WIRT!H
Defendant
Case No. 12-2054 CIVIL TERM
IMPORTANT NOTICE
TO:
KENNETH WIR H
4925 GETTYS13 RG RD
MECHANICSBU G, PA 170 5
Date of Notice: 1
YOU E 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. NLESS 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 S OULD 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.
Y:
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
9527901 A PIT M4Z
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Discover Bank,
Through Its Servicing Agent,
DB Servicing Corporation
Plaintiff
VS.
KENNETH WIRTH
Civil Action No. 12-2054 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 , KENNETH WIRTH
is not in military service.
Affiant farther 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:
KENNETH WIRTH
4925 GETTYSBURG RD
MECHANICSBURG, PA 17055
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
40Status Report
Pursuant to Serv cemmbas Civil Relief Act
Last Name: WIRTH First Name: KENNETH Active Duty Status Date May-23-2012
Results as of : May-23-2012 04:56:36
SCRA 2.1
Activ Duty 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 Active 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 HWHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
NA No NA
This response reflects whether the Individual or hl&Ur unit has received early notification to report for active duty
Upon searching the data 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.
Ohl
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 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 an 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.mil/faq/pis/PC09SLDR.html. 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 pays 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 SORA 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 jamended 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 the SCRA
extend beyond the lastldates of active duty.
Those who could rely an 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 an erroneous certificate to be provided.
Report ID: LGHOOP9V60
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. 12-2054 CIVIL TERM
KENNETH WIRTH
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the &Dcl l wing Order of Judgment
was entered against you on I!a?
(xx) Assuimpsit Judgment in the amount of $2249.19 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 A rd
Prothonotary
.?
By:
KENNETH WIRTH'
4925 GETTYSBURG RD
MECHANICSBURG PA 17055
Plaintiff's address is:
c/o WELTMAN, WEINBERG & REIS CO., L.P.A.,
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955