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Home My WebLink About13-5083 ' S Supreme C Pen IIIWR 30159850 C A Pit SJS Count of Common Pleas t—/ _ :.r , ix Civil Co, ;er,,Sheet Fos Pmtl:o�rotan' Use Onh': °i ti p. ,i "1- • T S6 � r // C UM13ERLAN) COUn Docket No: 0 0 The information collected on this form is used solely for corm adminish•ation purposes. This form does not supplement or replace the filing fling and set i ice of pleadings or other papers as required by law or rules of court. Commencement of Action: S i$ Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Takin C DISCOVER BANK Lead Plaintiff's Name: Lead Defendant's Name: T GENE BENNETT I O Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? 13 Yes 19 No Is this an AMJ Appeal? 13 Yes 0 No Name of Plaintiff /Appellant's Attorney: William T. Molczan,47437 ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Protection Administrative Agencies ❑ Malicious Prosecution ebt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E [3 Product Liability (does not include [3 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board 'I' ❑ Other: ❑ Other: I 13 O Other: N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS • Toxic Tort - DES ❑ Ejectment ❑ Common Law /Statutory Arbitration • Toxic Tort — Implant ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ Other: ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Retraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 ' d i r` s' —f.ir' FICC THE PB0TN0 N0TA R Y . 20 13 AUG 28 PM 1:57 CuMBFBLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Q ? Plaintiff No: vs. COMPLAINT IN CIVIL ACTION GENE BENNETT LORRAINE G BENNETT Defendants 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 30159850 C A Pit SJS 0� �� 11�a►3SS �� aquggS 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No GENE BENNETT LORRAINE G BENNETT Defendants 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, business management services in support of Discover Bank business lines, including, among other things, credit cards, deposits, personal loans and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services. 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 Defendants account, which is the subject of this litigation. 4. Defendants are adult individual(s) residing at 236 BOSLER AVE LEMOYNE, PA 17043 S. Defendants applied for and received a credit card bearing the account number XXXXXXXXXXXX1661. 6. Defendants made use of said credit card and has a current balance due of $7197.56. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11 7. Defendants are in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 8. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and /or refused to pay the balance due the Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendants GENE BENNETT AND LORRAINE G BENNETT, JOINTLY AND SEVER ALLY, in the amount of $7197.56 with interest at the statutory rate of 6.00 a per annum from date of judgment and costs. Williaf T. Mo cza 47437 WELTMAN, WEINBER & REIS CO., L.P.A. 436 Seventh Ave e, Suite 1400 Pittsburgh, PA 15219 (412) 434 -7955 FAX: 412- 338 -7130 WWR# 30159850 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. DISCISVEW Discover More Card Account number ending in 1661 Open Date: May 1, 2013- Close Date: May 22, 2013 Cardmember Since 1986 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $7,197.56 New Balance $7,1 97. Payments and Credits — $0.00 Minimum Payment Due ` $7,197.56 Purchases + $0.00 Payment Due Date June 17, 2013 Balance Transfers + $0.00 + Includes past due amount of: $1193.00 Cash Advances + $0.00 Fees Charged + $0.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $0.00 date listed above, you may have to pay a late fee of up to $35.00 and your New Balance $7,197.56 purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 29.99% variable. See Interest Charge Calculation section following the Minimum Payment Warning: If you make only the minimum payment each Transactions section for detailed APR information period, you will pay more in interest and it will take you longer to pay off your Credit Line $0 balance. For example: Credit Line Available $0 if you make no additional charges You will pay off the And -you will end up using this card and each month balance shown on this . paying an estimated _latpl . Cash Advance Credit Line $0 yam pal ,,, statement in about... of..i Cash Advance Credit Line Available $0 — Only the minimum payment 13 years $7,198 You may be able to avoid interest on Purchases. If you would like information about credit counseling services, call 1- 800 - 347 -1121. See reverse for details. REWARDS Contact Us Discover.com Cashback Bonus® Anniversary Month 1- 800 - 347 -2683 June Opening Balance $ 0.00 New Cashbock Bonus This Period + S 0.00 Redeemed This Period — S 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at Discover.com Make Check payable to Discover. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below, detach and return with your payment. Pay nent.COupon. R Pay Online . O Pay by Phone Account number ending in 1661 Pledse.do not fold, clip or staple. A Discover.com 1 - 800.347.2683 Minimum Payment Due $7,197.56 "�I'I�I" III' ICI "I' ' �l' ��' �III� '�II'I�I�III'llll'I'I�'lll��'ll New Balance $7,197.56 Payment Due Date June 17, 2013 GENE BENNETT LORRAINE G BENNETT Amount enclosed $ 236 BOSLER AVE LEMOYNE PA 17043 -1927 PO BOX 6103 CAROL STREAM IL 60197 -6103 111111111 It IIII�IIII�III��ll��lllI�I��'�I" 301 58&50j Internet payments must be received by 5PM ET to be credited as of the some day. 11ll' ll' ��1IIIIII' Address, e-mail or telephone changed? Note changes on reverse side. 000001986458610386142071975600015900719756 [MB7 GENE BENNETT Account number ending in 1661 Open Dote: May 1, 2013 - Close Date: May 22, 2013 Page 2 of 4 Important Information You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. low. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. You con set automatic payments for: (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed Lost or stolen cards. Report immediately! Call 1- 800 - 347 -2683. dollar amount, or (iv) Other dollar amount. If your scheduled "Other dollar What To Do If You Think You Find A Mistake On Your Statement amount' payment is not enough to cover the Minimum Payment Due as listed If you think there is an error on your statement, write to us at: Discover, PO on your monthly billing statement, your scheduled payment for that month Box 30421, Salt Lake City, UT 84130 -0421. You must write to us within 60 will be increased to cover the Minimum Payment Due. If the scheduled days after the error appeared on your statement. You may call us, but if you payment is greater than the Minimum Payment Due, any excess will be do we are not required to investigate any potential errors, and you may hove applied in accordance with your Cardmember Agreement. If your scheduled to pay the amount in question. The Billing Rights Notice further explains your payment is greater than the New Balance on your billing statement, that rights. Please see your Cardmember Agreement or visit payment will be processed only for the amount of your New Balance. Your https : / /discover.com/billingrights for a copy of this notice. automatic payment amount may be less than the amount indicated on the billing statement based on credits or payments after the Close Date. Payments. You may pay all or port of your Account balanc of ony time. If yyou enroll by phone in our automatic payment service, please fill -in the However, you must pay at least the Minimum Payment Duey the Po ment followin blanks below and retain the authorization for our records. Due Date. Send only, yyour payment and the bottom portion of this statement 9 Y m the envelope proy�ded. Do not send cash. If you pay by 4heck, yoy Amount: ❑Full Pa ❑Min Pa ❑Min Pa + $ authonzg us o use m ormation on your check to make c Qan e e �tromc tun Y Y Y transfer trom your account of the financial institution indicated on your c eck ❑ Other Amount$ Bonk Routing #: or to process the payment ggs a check tr4nsaction. If a payment is processed as on electronic fundironster, the transfer will b for the amount of the Bank Account # 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 Monthly on the ❑ Payment Due Dote ❑ Close Date day we receive your payment, and you will not receive your check bock from your financial institution. ❑ Day of month (insert date) The processing of your payment may be delayed if you send cosh, Credit Reporting. We may report information about your Account to credit correspondence or other items with your payment, if you send the payment to bureaus. Late payments, missed payments, or other defaults on your Account any other address or if you use an envelope other than the one provided. may be reflected in your credit report. We normally report the status and Payments received in proper form at our processing facility by 5PM local time pent history of your Account to credit reporting agencies each month. If on any day will be credited to your Account as of that day. Payments received you believe that our report is inaccurate or incomplete, please write us of the at our processing facility after 5PM local time will be credited to your Account following address: Discover, PO Box 15316, Wilmington, DE 19850 -5316. as of the next day. If you have misplaced your envelope, send your payment Please include your name, address, home telephone number and Account to Discover, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7.10 number. days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. Payments made online or by phone will be Paying Interest. Your due date is at least 25 days after the close of each credited as of the day of receipt if mode by 5 PM Eastern time. billing period at least 23 days for billing g' February). ( ay g periods that begin in Februa We You con pay your monthly Minimum Payment Due, or a greater amount that will not charge you any interest on Purchases if you pay your entire balance does not exceed your current Account balance, over the telephone or you can by the due date each month. We will begin charging interest on Cosh setup automatic payments through a customer service representative by Advances and Balance Transfers as of the later of the Transaction Dote or the calling 1- 800 - 347 -2683. Automatic payments for the billing period shown first day of the billing period in which the transaction posted to your Account. on your statement will be deducted on the Payment Due Date shown on that How We Calculate Interest Charges. We Use the Daily Balance Method statement, or the next automatic payment date referred to„ n your statement, (including current transactions) to calculate the Balance Subject to Interest unless you request o recurring pa ment date (e. ., the 15 day of the month) Rate. For more information, lease call us at 1- 800 - 347 -2683. Du that occurs before your Payment e Dote or Close Date. If your scheduled p payment date falls on a weekend or bank holiday, your payment will be Balance Subject to Interest Rate. Your statement shows a Balance Subject processed the business day prior to the weekend or bank holiday. In order to to Interest Rate. It shows this for each transaction category. The Balance schedule monthly payments by telephone, you will need this statement and your bank account information. You will be asked to provide the Iasi four (4) Subject to Interest Rate is the average of the daily balances during the billing digits of the social security number of the primary borrower. By providing period. those numbers as your electronic signature, you will be agreeing to this Credit Balances. If your Account has a credit balance, the amount is shown authorization to allow us and your bank to deduct each payment you on the front of your billing statement. A credit balance is money that is owed authorize, in the amount selected by you, from your bank account. You also to you. You may make charges against this amount if your Account is open. ap authorize io initiate debit or credal entries io your bank account, We will send you a refund of any remaining balance of $1.00 or more after to correct on error in the processing of such payment. You can 6 months, or as otherwise required by applicable low, or upon request mode cancel a scheduled payment by phone of three Salt Lake City, ee business days n in advance of the schedul) ed d must IT 8441 or by moil a1 to the address in the Contact Us section on page 3 of your billing statement. receive notice of least thr Discover, PO Box 304130- 04211; 30-; however , Discover may monitor and /or record telephone calls between you and payment. If your payments may vary in amount, we will tell you on each Discover representatives for quality assurance purposes. monthly billing statement when your payment will be mode and how much it The Discover® cord is issued by Discover Bank, Member FDIC. TL23N will be. CHANGE OF ADDRESS If correct on front, do not use. Please print clearly in blue or black ink, in the space provided. Street Address Home Phone Work Phone City Email A X54950 To make changes to your address, email or telephone number, visit Discover.com Continued on next page DISCOVER` Discover More Card Account number ending in -1661 Open Date: May 1, 2013 - Close Date: May 22, 2013 Page 3 of 4 CONTACT US 0 < Web Mobile Phone Inquiry Mail Payments Access your Manage your 1- 800 - DISCOVER ® Discover 0 Discover account securely account anytime, (1 -800- 347 -2683) PO Box 30943 PO Box 6103 at Discover.com anywhere at TDD 1- 800 - 347 -7449 Salt Lake City Carol Stream m.Discover.com LIT 84130 IL 60197 -6103 Transactions Trans. Date Post Date Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 2013 Totals Year -to -Date TOTAL FEES CHARGED IN 2013 $ 140.00 TOTAL INTEREST CHARGED IN 2013 $ 461.25 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 22 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 28.99% $0.00 $0.00 Cash Advances 28.99% $0.00 $0.00 Balance Transfers 5.90% $0.00 $0.00 V= Variable Rate Information For You For more information about how interest charges are calculated see your Cardmember Agreement or go to www .discover.com /inleresicharges 30159850 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION GENE BENNETT Account number ending in 1661 Open Date: May 1, 2013 - Close Date: May 22, 2013 Page 4 of 4 30159850 1 1 VERIFICATION /y h (Name) J (Ti e) of DB Servicing Corporation, servicing affiliate of Discover Bank does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities states, that he /she is a duly authorized representative of plaintiff herein. Additionally, he /she verifies that Discover Bank, f/k/a Greenwood Trust Company, which is an FDIC - insured Delaware state bank, lacks sufficient knowledge or information to verify this complaint. He /she verifies that he /she is authorized to make this verification. As an employee of DB Servicing Corporation, he /she has sufficient knowledge and information to make this verification, and consequently verifies that the facts set forth in the foregoing complaint are true and correct to the best of his/her knowledge and information and that he /she is personally familiar with the account and the relationship between Discover Bank and DB Servicing Corporation. It is further stated that Discover Bank and DB Servicing Corporation extend credit through issuance of the Discover Card. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank, including business management services in support of Discover Bank business lines, including, among other things, credit cards, deposits, personal loans and student loans, customer service, collections, credit risk, collection of delinquent accounts and other support services. The collection of delinquent accounts includes the right to forward the same to the attorneys and/or collection agencies for collection and to file suit on Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Service Date ignature) DB Servicing Corporation servicing affiliate For Discover Bank PO Box 3025 New Albany, OH 43054 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ' 1. sit inoe v 1 Jody S Smith 4' Chief Deputy 13 OCT -- 1 ASH 10 ;, - Richard W Stewart �, Solicitor UilBERLA ; COU PENNSYLVANIA Discover Bank vs. Case Number Gene N Bennett(et al.) 2013-5083 SHERIFF'S RETURN OF SERVICE 09/16/2013 04:30 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Gene N Bennett at 236 Bosler Ave. Floor 2, Lemoyne Borough, Lemoyne .'A 1 143. • 'TT 'HALL, DEP 09/16/2013 04:30 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Lorraine G Bennett at 236 Bosler Ave. Floor 2, Lemoyne Borough, Lemo 1-, PA 17043. • —r rarer' HALL, D -• SHERIFF COST: $62.08 SO ANSWERS, September 20, 2013 RONO R ANDERSON, SHERIFF - Guny�u henff ■o o>eft.Irc. (ko IN THE COURT OF COMMON PLEAS 3P I2 i '1 I. 4 CUMBERLAND COUNTY, PENNSYLVANIA ; `I >yiL N COUNTY CIVIL DIVISION PENNSYLVANIA Discover Bank, Through Its Servicing Agent, DB Servicing Corporation Plaintiff vs . Civil Action No. 13-5083 CIVIL GENE BENNETT LORRAINE G BENNETT PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendants GENE BENNETT, LORRAINE G BENNETT, above named, in the default of an Answer, in the amount of $7197 . 56 computed as follows: Amount claimed in Complaint $7197 . 56 Less payments / adjustments made $0 . 00 Attorney' s fees $0 . 00 TOTAL $7197 . 56 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: W21L 7 William T. Molczan, 4 30159850 C A Pit SJS Plaintiff ' s address is: c/o WELTMAN, WEINBERG & REIS CO. , L.P.A. , 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 And that the last known address of the Defendants are : GENE BENNETT 1 J CZ 236 BOSLER AVE /u u1 �!(0 LEMOYNE, PA 17043 I/3��3rsDr C 7 2_14. 919 Fo9, �l o fi co AI1&(I LORRAINE G BENNETT 236 BOSLER AVE LEMOYNE, PA 17043 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case No. 13-5083 CIVIL vs. GENE BENNETT LORRAINE G BENNETT Defendant IMPORTANT NOTICE TO: GENE BENNETT 236 BOSLER AVE LEMOYNE, PA 17043-1927 Date of Notice: �(� it\\ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA.17013 (717)249-3166 WELTMAN, WEINBERG& REIS CO., L.P.A. By: Matthew Urban P.A.I.D.#90963 WELTMAN,WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (412)434-7955 (412)338-7130 30159850 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 . Civil Action No. 13-5083 CIVIL NON-MILITARY AFFIDAVIT GENE BENNETT LORRAINE G BENNETT 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 Defendants, GENE BENNETT, LORRAINE G BENNETT, are 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: GENE BENNETT 236 BOSLER AVE LEMOYNE, PA 17043 LORRAINE G BENNETT 236 BOSLER AVE LEMOYNE, PA 17043 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 Results as of:Oct-31-2013 11:48:01 Department of Defense Manpower Data Center SCRA 3.0 ®rd - r Status Report Pursuant to Servicernembers Civil.Relief Act Last Name: BENNETT First Name: GENE Middle Name: Active Duty Status As Of: Oct-31-2013 On Active Duty On Active Duty Status Date • Active Duty Start Date Active Duty End Date Status Service Component NA 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 Data Active Duty Start Date Active Duty End Date Status Service Component NA 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 Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Data Order Notification End Date Status Service Component NA NA No NA This response reflects whether the Individual or his/her 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. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. nialt* 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 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:http://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). 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 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 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/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 65A9X29630AE5C0 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. 13-5083 CIVIL GENE BENNETT LORRAINE G BENNETT NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the fol owing Order of Judgment was entered against you on /0.2% (xx) Assumpsit Judgment in the amount of $7197. 56 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 Aw rd wpm Prothonotary 1:210) (M)P By: vamer PROTHONOTARY (`DEPUTY) GENE BENNETT 236 BOSLER AVE LEMOYNE, PA 17043 LORRAINE G BENNETT 236 BOSLER AVE LEMOYNE, PA 17043 Plaintiff ' s address is : c/o WELTMAN, WEINBERG & REIS CO. , L.P.A. , 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955