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HomeMy WebLinkAbout12-3512t w 7 -1w 7.- Q- : :7c- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA,) - CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff No : 35102 C{-vet 6°m vs. COMPLAINT IN CIVIL ACTION t SHANDA J MAUGANS Defendant 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: 412-338-71.30 09570710 C A Pit SJS O 4103.75 Pb AYry C? (aS3(?oal 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 SHANDA J MAUGANS 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 l 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 2202 SPRING RUN DR MECHANICSBURG, PA 17055 5. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8016 . 6. Defendant made use of said credit card and has a current balance due of $6072.03 , as of January 31, 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 15.990% per annum on the unpaid balance from January 31, 2012 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "111. 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, SHANDA J MAUGANS INDIVIDUALLY , in the amount of $6072.03 with interest at the rate of 15.99001 per annum from January 31, 2012 until date of judgment and costs. Wi iam-T.'Molczan 7437 WELTMAN, WEINBER REIS CO., L.P.A. 436 Seventh Aven , Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 09570710 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. DISOI NER Now Balance 08 SDSN6A01 0003612 SHANDA MAUGANS 2202 SPRING RUN DR MECHANICSBURG PA 17055-5577 Minimum Payment Due Account Number ending in 8016 $6,072,03 Enter Amount Enclosed Below Payment Due Date $ -, DUE IMMEDUITELY Address, email or telephone change? Go to www.Discmw.com or print change in space above. Text APP to DISCOV• to racelve a link to our tree mobile app and pay your bill in seconds from anywhere) PO BOX 6103 lllusllurllnrlulurlsll CAROL STREAM IL 60197-6103 LIInILrr-ullldnL-rlrllronllll---nlldLuull-Jr-II EXHIBIT 000001986458451516260060720300000000607203 Data: February 1, 2012 - Closing Dank Discover More Card Account Summary Account number ending in 8016 Previous Balance $6,072.03 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 ,072.03 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $10,300.00 Credit Line Available $0.00 Cash Advance Credit line $0.00 Cash Advance Credit Lino Available $0.00 CcAbac C BonuO Anniversary Month October Opening Cashback Bonus Balance 5 0.00 New Cashbock Bonus This Period + 0.00 Cashktack Bonus Salience $ 0.00 To learn more, login at www.Discowr.eom 3 Easy Ways to Contact Us 1 Access your account securely at wwW.Daeever.eam 2. 11-8 00 DISCOVER (1-800347-2683 Please haw your 1)4covera card available. 3. Write to us at Discover, PO Box 30943, Sall Lake City UT 84130 )Not a payment address) For poymenri,_piease send to address on remittance or Discover. PO BBOOxx 6103, Coral Strew, IL 60197=6103 For TDD (relecommunicahons Device for the Deal) assistance, please call 1.800.347-7449. ry 8, 2012 page I of 2 Payment Information New Balance $6,072.03 Minimum Payment Due* $6,072.03 Payment Due Date DUE IMMEDIATELY •Includes Past due amount of $1,119.00 Lob Paymerrt WarnbW if we do not receive your minimum payment by the dale listed above, you may have to pay a We 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 20.99% variable. IF you would like information about credit counseling services, calf 11-800347.1121 Manage Your Account Online at www.Discover.com • Access free online toots like Paydown Plwrner to create a plan to down your balance, securely access statements, pay biNs oniin a and easily track rack all transactions • Make your money worth more sm-find eory ways to earn and redeem cash rewards NEW? Access your account securely through your mobile phone Transactions 9570710 Trms. Pod Dab Fes TOTAL FEES FOt THIS NEW 5 0100 I--terea Charged TOTAL WTERW FOR TM PMW $ 0.00 2012 Totals Year-to-Date TOTAL FEES CHARGED IN 2012 $ 0.00 TOTAL INTEREST CHARGED IN 2012 66.60 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISWER DISCI AVER It pays to SHANDAMAUGANS DL%WER- Account number ending in 8016 page 2 of 2 Interest Charge Calculat'm Your Annual Percentage Rate (APR) is the annual interest rate on your account. Cwrwrt 8869 Period: 8 days TYPE OF UTANCE ANNU P6LCENTAGE INBALANCE T ? O?IECI TO NQiEREST CHAMP Pun:hoses 15.99% $0 $0 Cash Advances 23.99% V $0 $0 V = Variable Rate Addil ionaf Wportant hformatien See yew Cardmember Agreement. Your Cardmember Agreement contains all the terns of your Account. Lest or delen cants. Report Immediately! Cal 1400.347-2683. What To Do D You Think You FLsd A M otake On Your SMharettt If you think then is an error on your statement, write to us at: Discover, PO Box 30421 Salt Lake City, UT 841304421 In your letter,- give us the following information: Account information: Your name and account number. polar amount. The dollar amount of the suspected error. Descri lion of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe rt rs a mt a. You must contact us within 60 days after the error appeared on your statement. You must notify us of arty potential errors in wrifi .You may call us, but if you do we are not required to investigate any potential arras and you may have to pay ft amount in question. While we investigate whetter or not then 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 guesser ma remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we math 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 haw to pay the amourd in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Your Wmhd N You Are Dfssadoffed Whh Your Credit Card Purchases If you an dissatisfied with the goods or services that you haw 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 der 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 occourrf do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you M8 still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Salt Lake Ci yl 4130.0945 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. Payrents. 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 prw?dad. Do not send cash. Byy sending your check as deacnbed above, you authorize us to use information on your check to make an electronic fund transer 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 ht a check. When we use infornalion from your check to 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. The prat ing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment fo airy Mhw addreu or if you use an envelope other than the one provided. Payments recerwd in proper form at our p..Wrg facility b SPM k c time on any d will be credited to your Account as of that day. Payments ,4 d l after 5PM local time will credited to your Account as of the next day. If you have received at our processing foa mispkxed your envelope, send your payment to Discover, PO Box 6103 Carol Stream, IL 601976103. Please allow 710 days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. 9570710 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER' You can pay your monthly Minimum Payment Due, or a greater amount that does not exceed your current Account balance, ou can setup automatic payments through a customer service representative by calling hone or le th t y e e p over 1-800.347-2683. Automatic payments will be deducted on the Payment Due Date unless you request a recurring payment ayment dote falls on a our scheduled If D t t D P f p y a e. ue aymen ore your date (e.2. the 15th day of the month) that occurs be weekenor bank holiday, your payment will be processed the business day prior to the weekend or bank holiday. In order you will need this statement andyour bank account information. You will be ments b telephone thl a l h d , y p y e mon e u to sc asked to provide the lost four (4) digits of the social security number of the p6mory borrower. By pa'oviding those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each pia ent you You also authorize us to initiate debit or credit entries to our bank account f d b l . rom y y you, ecte authorize, in the amount se your bank account, as applicable, to correct an error in the processing of such payment. You can cancel a scheduled payment by phone at 1-800.347-2683 or by mail at Discover, PO Box 30421 Salt Lake City, UT 84 1 30-04 2 1 however we t , must receive notice at least three business days in advance of the scheduled payment. If your payments may vary in amoun ou on each monthlyy billing statement when your payment will be made and how much it will be. You must ensure we will tell y 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 our scheduled payment For that month will be statement billin thl d l , y on your mon y g iste the Minimum Payment Due as increased to cover the Minimum Payment Due. IF the scheduled payment is greater than the Minimum Payment Due, any lied in accordance with your Cardmember Agreement, if your scheduled payment is greater than the New ill be a ppP excess w Balance on your billing statement, that payment will be processed only for the amount of your New Balance. Your automatic be less than the amount indicated on the periodic statement based on credits or payments after the t amount ma y paymen Closing Date. ff y:,, cnrolf by phone in our automatic payment sot Ice, rlaase fill-in -lie f:,llov.,h9 plunk: below and retain tho outhori7ation for your records. Amount ? Full Pay ? Min Pay ? Min Pay + $ _.__ ? Fixed Pays o Bank Routing #! Bank Account #: Frequency: U) 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 lease write lete inaccurate or incom th t t h If li b o e ° , p p our repor is a e eve you your Account to credit reporting agencies each mont us at the following address: Discover. PO Box 15316, Wilmington, DE 1 98 50-5 3 1 b. Please indicate your name, address, o 0 home telephone number and Account number Paying Interest We begin to impose interest charges on a transaction, fee or interest charge from the day we add it to the the total amount you owe us. You can avoid paying ou a es until har t t i i o y p y g eres c mpose n daily balance. We continue to n Balance Transfers or Cash i t t d i o eres ng n pay interest on Purchases as described below. However you cannot avoi Advances. How to Avoid Pavina Interest on Purchases ("Grace Period" you pat New a ante on your previous billing statement by the Payment Due Date shown on that billing statement, we It the will not impose interest charges on new Purchases or any portion of a new Purchase, paid by the Payment Due Date on your current billing statement. New Purchases are Purchases that first appear on the current billing statement. How We ApOy Po ants Ma Im act Your Grace Period _ym you o not pay your New a once in eat month, then, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases. How We Cakulate interest Charges Daily Balance Method (including current transactions): We calculate interest charges each billing period by first figuringy the 'daily balam- foi lath Transaction Culegory. Imn.uchon C. ie- orie: in aid_ standard Purchases, standard i ash Advances and different promotional balances, such as Balance Transfers. 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 billing period is your balance on the ast 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 an 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 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 doily 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 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 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 overage of the daily balances during the billing Per i0r1 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 Tor more after 6 months, or as otherwise required by applicable law. 199"LI ff-munications Device for the Deaf) assisMnce, please call 1.800-347-7449. Discover //m?lay?Ulmonitor and/or record telephone tolls between you and Discover representatives for quality assurance purposes. The Discover°card is issued by Discover Bank, Member FDIC RZNFEOOt Questions? Visit www.Diswver.com or pl$CAkIl/ER call 1.800-DISCOVER 1.800-347.2683). Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloadable, 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 Discovercorn/paperless -2010 Di-v Bark. Member FDIC PAPER, 0310 z Z m o_ 0 0 0 w m N N O J 9570710 Quesflons7 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 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. r r (Signature) WWR# 9570710 Shanda J. Maugans 6011002331548016 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ttSO 0tIEINPJ/ ' C Jody S Smith ? a? r? a l - Chief Deputy r,T.. r Richard W Stewart - ' cam - ' ' Solicitor OFF ICE ?^F rr•. 5 ?EFtIFF co . -71 Discover Bank Case umber vs. Shandra J. Maugans 2012-3512 SHERIFF'S RETURN OF SERVICE 06/11/2012 05:22 PM - Shawn Gutshall, Deputy Sheriff, who being duly swom according to law, states that on June 11, 2012 at 1722 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Shandra J. Maugans, by making known unto Douglas L. Maugans, Father of Defendant at 2202 Spring Run Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of ,e same. / UTSH DEPUTY SHERIFF COST: $38.00 June 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c GouniySuite Sheriff. Teieosuft Inr, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff VS. SHANDA J MAUGANS rn1* c.. Civil Action No. 12-3512 CIV RZ C p z cs a co --t -n X, PRAECIPE FOR DEFAULT JUDGMENT Ar-- r-y TO THE PROTHONTARY: -< o Kindly enter Judgment against the Defendant SHANDA J MAUGANS above named, in the default of an Answer, in the amount of $624.34 c? as follows: Amount claimed in Complaint Less payments / adjustments made ted $6072.0 $0.0 Interest on the remaining principal balance from January 31, 2012 to July 20, 2012 Q the interest rate of 15.990% per annum $452.3 Attorney's fees $0.0 TOTAL $6524.3 I hereby certify that appropriate Notices of Default, as ttached been mailed in accordance with PA R.C.P. 237.1 on the dates ia?dicated Notices. WELTMAN, WEINBERG & REIS CO.', L.P.A B William T. M c 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 SHANDA J MAUGANS 2202 SPRING RUN DR MECHANICSBURG, PA 17055 09570710 C A Pit SJS Cat'/ 2z 9rz At- 17 r1f ?(??j ce. ?l,?il e have on the IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent DB Servicing Corporation Plak" vs. SHANDA J MAUGANS Defendant Case No. 12-3612 CIVILTERM TO: SHANDA J MAUGANS 2202 SPITING RUN DR MECHANICSBURG, PA .17055 Date of Note: -- 116-1 1 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE I ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE s AGAINST YOU. UNLESS YOU ACT WITHIN YEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMEN AGAINST YOU W rHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RI( YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A L TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATIC LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR CUMBERLAND COUNTY 13AR ASSOQATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (7177 240-3166 WELTMAN, WEINBERG & REIS CO., L.P.A By: Matthew Urban P.A.I.D.# 90963 WELTMAN, WEIN13ERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 (412) 338-7130 9570710 A PIT M4Z RSONALL.Y R BY AIMS SET ORTH MAY BE EN TERED ITS. INYER, GO O OR ABOUT H? ING A ITH INFOR TION 0 FEE. Department of Defense Manpower Data Center 411 POWOM to 11 P ad mo (;evil RaWAot Last Name: MAUGANS First Name: SHANDA Active Duty Status As Of: Jul-25-2012 SCRA 2.2.2 AWO Oury SW 0" AO M DuVFj d !?s» SIOluO - Om AW" Duty On ^009 0* SW O D" NA NA No NA This response Is -I Ow Indlvid" aotlve duty amua Ea sd on ft AdM Duty SWWS Dols URAdve DI *$ WON" 01 MOO DW sow coo AsM poly aw Dow AoWa Duty W DMs saw NA No NA ThW FOOPMOO rsw.ft WINO the "W" IMO active duly A*n W M* 387 days Mmdtq MN AWO Duty SWn NO The Me bw OF HIN/W? Unit Wes Nedsd Of a FUUM C#Up b AMw Day on A000 0* BMW 000 Older NaModon SM Dole Order No1Wasllon End oaf so" CW"P--d NA NA No NA ThW rsaprw raIa, W Who We kWk tW or hWRur w* Ms rw@Md ary nmW I larspal for eadve duly Upon searclI ng the data banks of the Department of Defense Manpower Data Center, based on one information that you provided] the above is tt the individual on the active duty status date as to all branches of the Unifomned Services (Arrfy, Navy, Marine Corps, Air Force, N?AA Public He Coast Guard). This status includes information on a Servicemember or hisRner unit receiving notiAcadon of future orders to repot for Active Duty. Avt A ResWW as of : Jul-25-Z12 08:50:17 and of Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Date Center (DMDC) is an organization Of the Department of Defense (DOD) that maintains the Defense Enrollment and 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 k wn as the Soldiere' and Salkrs' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any infornation indicating that e individual is currently on active duty" responses, and has experienced only a small error rate. in the event the individual referenoed above, or any %mily member, Mend, or representative asserts in any menner that the individual was on active duty for the active duty status date, or is (otherwise entl to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that ps 's Service via the "defenselink.mN" URI: MtpJ/www.defer»eiink.miVfag/pis/PC09MDR.hfml. If you have evidence the perm was on active duty 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 5 USC App. § 52 (c). This response reflects the following information: (1) The individuars Active Duty status on the Active Duty Status Date (2) VA" the individual le Active Duty status within 357 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for ive duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported In this cerdlicate Is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty pen s less than 30 consecutive dabs in length were available. In the case of a member of the National Guard, this Includes service under a cal to active servi e authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emw9enqy declared by the President and supported by Federal bride. All Active Guard Reserve (AGR) members must be assigned against an authorized inobill;mUcin positio in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Covet Guard R e Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who Is an active duty commiaskrhed officer of the .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 at active duty for purposes of the CRA who would t be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Tale 14 active duty records for all the Un Services p nods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(dx1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persona seeking to rely on this website cerdficakm should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of ice. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be indd, but who he ve not actually begun active duty or actually reported for induction. The Lest Date on Active Duty entry is important because a number oflprotectons of the SCRA extend beyond the Isst 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 are protected WARNING: This cerdflcats wes 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: URPGQG1TAU IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff VS. SHANDA J MAUGANS Civil Action No. 12-3512 CIWILTERM NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for he 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 i5 the of iant's belief that the Defendant , SHANDA J MAUGANS is not in military service. Affiant further states that this belief is supported by tY' attached certificate from the Defense Manpower Data Center (DMDC), which state that the DMDC does not possess any information indicating that the below individual is in the military service: SHANDA J MAUGANS 2202 SPRING RUN DR MECHANICSBURG, PA 17055 Affiant further states that the averments contained herein are t e and correct to the best of Affiant's knowledge, information and belief an that these averments are made subject to the penalties of 18 Pa C.SI.A. Section 4904 relating to unsworn falsification to authorities. AFFIANT 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. 12-3512 CIVIL'MKRM SHANDA J MAUGANS NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the f low'ng Order of Judgment was entered against you on O. it 11.0 i (xx) Assumpsit Judgment in the amount of $6524.324.34 plus coots. ( ) Trespass Judgment in the amount of $ plus coots. ( ) If not satisfied within sixty (60) days, your motor *ehicle operator's license and/or registration will be soap?s ed by the Department of Transportation, Bureau of Traffc Safet Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitratygn Prothonotary By: Award SHANDA J MAUGANS 2202 SPRING RUN DR 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