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HomeMy WebLinkAbout14-1154 Supreme Court-of Pennsylvania Cautf C�tl��t`u Fleas For Prothonotary Use Ortl`t•: r _feet & "'D Docket No: COt1II>h' 7p T'lre hifonnation co llected on this form is used sole' for court adminlsn - anon pinposes. This form, does not supplenmen.t or replace the filing anti service of pleadings or other papers as regidred by lmv or miles of com S Commencement of Action: E ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking j C Lead Plaintiffs Name: Lead Defendant's Name: T DISCOVER BANK KENDRA J WALSWORTH I Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits 0 (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ®No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: Apothaker and Associates. P.C. ❑ 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 Plaintiff Administrative Agencies ❑ Malicious Prosecution ® Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ' E ❑ Slander/Libel/ Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other C ❑ Zoning Board T ❑ Other: I ❑ Other: 0 MASS TORT N E] Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain/Condemnation El Declaratory Judgment B ❑ Other: ❑ Ground Rent ❑ Mandamus j ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ❑ Partition ❑ Replevin LIABLITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 Our File No.: 372371 " � rf TjAit APOTHAKER & ASSOCIATES, P.C. t " F EB BY: David J. Apothaker, Esquire 11 1: 4 � Attorney I.D.# 38423 CU PL RL ND 520 Fellowship Road C306 L VA ill' 11 ;' Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS C/O DB SERVICING CORPORATION, 6500 ) CUMBERLAND CO TY NEW ALBANY ROAD NEW ALBANY, OH 43054 ) NO.: ((/ Plaintiff, ) Vs. ) KENDRA J WALSWORTH ) 64 W BIG SPRING AVE APT B ) NEWVILLE, PA 17241 -1321 ) Defendant. ) NOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717 -249 -3166 Our File No.: 372371 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff DISCOVER BANK ) COURT OF COMMON PLEAS C/O DB SERVICING CORPORATION, 6500 ) CUMBERLAND COUNTY NEW ALBANY ROAD ) NEW ALBANY, OH 43054 ) NO.: Plaintiff, ) vs. ) KENDRA J WALSWORTH ) 64 W BIG SPRING AVE APT B ) NEWVILLE, PA 17241 -1321 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is Discover Bank ( "Plaintiff'), a Delaware State Bank and issuer of the Discover Card. 2. Defendant(s) is /are KENDRA J WALSWORTH ( "Defendant "), an adult individual residing at 64 W BIG SPRING AVE APT B, NEWVILLE, PA 17241 -1321. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ( "Account ") to Defendant. 4. The Account number ends in 8262. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. 7. Although demand has been made, Defendant has failed to make payment of the amount due. 8. The amount due as of this date is $1,618.85. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,618.85 and requests this Court award costs to the extent permitted by applicable law. APOTHAKE & SSOCIATES, P.C. Attorney or Plaintiff A Law Firm F ngag din Debt C- ollection BY: David J. Ap thaker, Esquire Our File No.: 372371 O VERIFICATION X -1 --- �- 0.-. � - -�rzd& ff-- me) itle) of DB Servicing Corporation, the servicing affiliate for 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 and states, that he /she is a duly authorized representative of plaintiff herein and authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and accurate to the best of his /her knowledge and information and that he /she is familiar with the manner and method by which plaintiff maintains its normal business books and records, including computer records of defaulted accounts. S/he is also familiar with the relationship between Discover Bank and DB Servicing Corporation. That Discover Bank, f/k/a Greenwood Trust Company, is an FDIC insured Delaware State bank, and its servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, among other things, business management services, customer service, and collection of delinquent accounts. The collection of delinquent accounts includes the right to forward the same to the attorneys to file suit on Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Services. Si e) Defendant's Name: KENDRA J DB Servicing Corporation servicing WALSWORTH affiliate for Discover Bank Account Number: ending in 8262 PO Box 3025 Our File No.: 372371 New Albany, OH 43054 Discover More Card Account number ending in 8262 Open Date: Jun 19, 2013- Close Date: Jul 18, 2013 Cardmember Since 2010 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $1,618.85 New Balance $1618,85 Payments and Credits — $0.00 Minimum Payment Due * $380.00 Purchases + $0.00 Payment Due Date August 13, 2013 Balance Transfers + $0.00 * Includes past due amount of: g $345.00 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 $1,618.85 purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 23.99% 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 $1,500 balance. For example: Credit Line Available $0 IF youtnake naiichatges Youwtllpdyoffthe Andyltuwillend+up tising this card rind ec�h f n inch balance hewn on -this" Saying an estimated total - Cash Advance Credit Line $500 you:ptry... Cash Advance Credit Line Available $0 On1 the minimum a ment 3 years $1,619 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 11 Cashback Bonus® Anniversary Month 1- 800 - 347 -2683 October _j Opening Balance $ 0.00 New Cashback Bonus This Period + $ 0.00 Redeemed This Period — $ 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. �t�/Ihetlf Cdupon a Oh�ltle ��/ Icy Phone Account number ending in 8262 Please do �-pot k>ld, clip t5r staple Discover c ©m 9 8t3 347 X683 z Minimum Payment Due $380.00 New Balance $1,618.85 Payment Due Date August 13, 2013 KENDRA J WALSWORTH Amount enclosed $ 64 W BIG SPRING AVE APT B NEWVILLE PA 1 7241 -1 321 PO BOX 71084 CHARLOTTE NC 28272 -1084 Phone and Internet payments must be received by 5 P ET to be credited as of The same day. IIII III II VIII II VIII IIII II VIII III VIII VIII II Address, e-mail or telephone changed? Note changes on reverse side. KENpRA J WALSWORTH Account number ending in 8262 Open Date• Jun 19 2013 - Close Date: Jul 18 2013 Pa e 2 of 4 Important Information You must ensure that sufficient funds are available in your bank account, and See your Card member Agreement. Your Cardmember Agreement all transactions must comply with U.S. law. contains all the terms of your Account. You can 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 have 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 part of your Account balance at any time. If you enroll by phone in our automatic payment service, please fill -in the However, you must pay at least the Minimum Payment Due by the Pa ment Due Date. Send only your ppayment and the bottom portion of this statyement following blanks below and retain the authorization for your records. in the envelope provided. Do not send cash. If you pay by check, you authorize us to use information on your check to make an electronic fund Amount: [I Full Pay [] Min Pay Min Pay+ $ transfer from yy Other our account at the financial institution indicated on your check Oth Amount$ ; Bank Routing #: or to process the payment Qs a check transaction. If a payment is processed an 9 as on electronic fund transfer, the transfer will be 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 same Monthly on the [I Payment Due Date Close Date day we receive your payment, and you will not receive your check back from your financial institution. 11 Day of month (insert date) The processing of your payment may be delayed if you send cash, 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 of our processing facility by 5PM local time payment 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 at 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 made by 5 PM Eastern time. billing period (at least 23 days for billing periods that begin in February). We You can 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 Cash setup automatic payments through a customer service representative by Advances and Balance Transfers as of the later of the Transaction Date 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 on your statement, unless you request a recurring payment date (e.g., the 15' day of the month) (including current transactions) to calculate the Balance Subject to Interest that occurs before your Payment Due Date or Close Date. If your scheduled Rate. For more information, please call us at 1 -800- 347 -2683. 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 schedule monthly payments by telephone, you will need this statement and to Interest Rate. It shows this for each transaction category. The Balance your bank account information. You will be asked to provide the last 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 allow us and your bank deduct each payment you on the front of your billing statement. A credit balance is money that is owed authorize, in the amount selected authorize us to initiate debit or credi by you, , f from your Bonk account. You also to you. You may make charges against this amount if your Account is open. t entries to your bank account, as We will send you a refund of any remaining balance of $1.00 or more after 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 6 months, or as otherwise required by applicable law, or upon request made Discover, PO Box 30421, Salt Lake City, UT 84130 -0421; however, we must to the address in the Contact Us section on page 3 of your billing statement. receive notice at least three business days in advance of the scheduled 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. nb billing statement when your payment will be made and how much it will The DiscoverO card is issued by Discover Bank, Member FDIC. TL23N 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 State, Zip To make changes to your address, email or telephone number, visit Discover.com Continued on next page Discover More Card Account number ending in 8262 Open Date: Jun 19, 2013 - Close Date: Jul 18, 2013 Page 3 of 4 .CONTACT US A Web ® Mobile ® Phone ® Inquiry 0 Mail Payments Access your � Manage your 1- 800 - DISCOVER Discover 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 $ 70.00 TOTAL INTEREST CHARGED IN 2013 $ 49.71 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 30 days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE (APR) INTEREST RATE INTEREST CHARGE Purchases 18.99% V $0.00 $0.00 Cash Advances 23.99% V $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 /interesicharges NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ' KENORA J WA W RTH Account number ending in 8262 Open Date: Jun 19, 2013 - Close Date: Jul 18, 2013 Page 4 of 4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff U A ON' et .arar Grrhe,9 I t i E E'; �1 t t{' 1:4 tip �, u k: Jody S Smith Chief Deputy , f` `"2 3 1 4 M 12 PM 2: 1-:.2 Richard W Stewart Solicitor ,F T=, 4'...E , Et?<F-r O UMBER L; ND Ld#! PENNSYLVANIA Discover Bank vs. Case Number Kendra Walsworth 2014-1154 SHERIFF'S RETURN OF SERVICE 03/03/2014 03:33 PM - Deputy Ryan Burgett, 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: Kendra Walsworth at 64 W. Big Spring Avenue,Apt. B, Newville, PA 17241. RYAN BURGETT, DEP SHERIFF COST: $41.56 SO ANSWERS, March 05, 2014 RONINK ANDERSON, SHERIFF %:i'.ount,Su.:e c),:ntf.7,.,.,-osdt.inn Our, File No.: 372371 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK Plaintiff vs. KENDRA J WALSWORTH Defendant Fitl ri.�r IL EU OFt�tC OF THE Pr R t'+ � i i�{ I?+'� D�Tr11•;' 2014 JUN 13 Pf112: 5 5 CUMBERLAND COUNTY PENNSYLVANIA ) COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY ) ) ) NO.: 14 -1154 -CIVIL ) ) Civil Action ) ) PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, KENDRA J WALSWORTH, in the default of an Answer, in the amount of $1,618.85 computed as follows: Amount claimed in complaint: Less: Amount Paid: Plus: Interest from February 26, 2014 to April 8, 2014 at the legal interest rate of 0.00% per annum Attorney fees TOTAL $ 1,618.85 ( 0.00) 0.00 0.00 1,618.85 I certify that Defendant, KENDRA J WALSW S RTH, last known address is 64 W BIG SPRING AVE APT B NEWVILLE, PA 17241-1321. David J. Apotha er, Esq. Attorney for Plaintiff Our File No.: 372371 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff ) COURT OF COMMON PLEAS OF DISCOVER BANK ) CUMBERLAND COUNTY ) Plaintiff ) vs. ) NO.: 14 -1154 -CIVIL ) KENDRA J WALSWORTH ) Civil Action ) Defendant ) CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that, after the failure to plead and at least ten days prior to the date of the filing of the within praecipe, written notice of Plaintiffs intention to file the within praecipe was sent to the defendant and defendant's attorney of record, if any. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the pen of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apothaker, Esq. Attorney for Plaintiff Our File No.: 372371 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff ) COURT OF COMMON PLEAS OF DISCOVER BANK ) CUMBERLAND COUNTY ) Plaintiff ) vs. ) NO.: 14 -1154 -CIVIL ) KENDRA J WALSWORTH ) Civil Action ) Defendant ) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 64 W BIG SPRING AVE APT B NEWVILLE, PA 17241-1321. We inquired with the web site of the Defense Wilson Boulevard, Suite 400, Arlington, VA 22209 5 branch of the military. power Data Center, located at 1600 3, if the Defendant(s) is/are in any Mary M. Snavely -Dixon, Director of the D- ense anpower Data Center has sent back our inquiry indicated that the Defendant(s) is/are not in the military. David J. Apothaker, Esq. Attorney for Plaintiff I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Department of Defense Manpower Data Center Results as of : Apr -08-2014 08:56:31 AM SCRA 3.0 Status Report Pursuant to Service:mier biers Civil Relief Act Last Name: WALSWORTH First Name: KENDRA Middle Name: Active Duty Status As Of: Apr -08-2014 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 Date 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 Flis/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date 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. 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 ytrongly 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: G8KFDC6CHOFOU20 DISCOVER BANK vs. KENDRA J WALSWORTH To: KENDRA J WALSWORTH 64 W BIG SPRING AVE APT B NEWVILLE, PA 17241-1321 Date of Notice: March 26, 2014 ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) ) NO. 14 -1154 -CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 372371 DAVID J. APOTHAKER, ESQUIRE APOTHAKER & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 i 1 d d i OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: KENDRA J WALSWORTH 64 W BIG SPRING AVE APT B NEWVILLE, PA 17241-1321 ) COURT OF COMMON PLEAS OF DISCOVER BANK ) CUMBERLAND COUNTY ) Plaintiff ) vs. ) NO.: 14 -1154 -CIVIL ) KENDRA J WALSWORTH ) Civil Action ) Defendant ) NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esq. at this telephone number: 800-672-0215