HomeMy WebLinkAbout14-3361S
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Supreme Coourt,o ;Pennsylvania
Cour of Comm nPleas
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1CiiviTCoyer�Sheet
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CUMBERLAND..
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County
30287086 C A Pit SJS
WWR#
For Prothonotary Use Only:
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Docket No://1gi/
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The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
a Complaint ❑ Writ of Summons ❑ Petition
El Transfer from Another Jurisdiction ❑ Declaration of Taking
DISCOVER BANK
Lead Plaintiffs Name:
Lead Defendant's Name:
MICHAEL L PETROVICH
Are money damages requested? li] Yes 0 No
Dollar Amount Requested: EI within arbitration limits
(check one) ❑ outside arbitration limits
Is this a Class Action Suit? 0 Yes Cal No
Is this an MDJ Appeal? ■ Yes 0 No
William T. Molczan,47437
Name of Plaintiff /Appellant's Attorney:
0 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)
❑ Intentional
❑ Malicious Prosecution
❑ Motor Vehicle
❑ Nuisance
o Premises Liability
o Product Liability (does not include
Mass tort)
❑ Slander/Libel/Defamation
❑ Other:
MASS TORT
❑ Asbestos
❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort — Implant
❑ Toxic Waste
❑ Other:
PROFESSIONAL LIABILITY
❑ Dental
❑ Legal
❑ Medical
❑ Other Professional:
CONTRACT (do not include Judgments)
O Buyer Protection
7 Debt Collection: Credit Card
Debt Collection: Other
o Employment Dispute
Discrimination
❑ Employment Dispute: Other
O Other:
REAL PROPERTY
❑ Ejectment
❑ Eminent Domain/Condemnation
❑ Ground Rent
❑ Landlord/Tenant Dispute
❑ Mortgage Foreclosure: Residential
❑ Mortgage Foreclosure: Commercial
❑ Partition
❑ Quiet Title
❑ Other:
CIVIL APPEALS
Administrative Agencies
❑ Board of Assessment
❑ Board of Elections
❑ Dept. of Transportation
❑ Statutory Appeal: Other
❑ Zoning Board
❑ Other:
MISCELLANEOUS
❑ Common Law/Statutory Arbitration
❑ Declaratory Judgment
❑ Mandamus
❑ Non -Domestic Relations
Retraining Order
❑ Quo Waranto
❑ Replevin
❑ Other:
Updated 1/1/2011
Z[2'
CUHBEPLAND
PENNSYLVANIA ANNA Y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DISCOVER BANK
Plaintiff
vs.
MICHAEL L PETROVICH
CIVIL DIVISION
No,y33lo,
COMPLAINT IN CIVIL ACTION
Defendant FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan,47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 7th Ave Ste 1400
Pittsburgh PA 15219-1827
(412) 434-7955
FAX: 412-338-7130
30287086 C A Pit SJS
6h1 X 103. 7sixa
k),
&I,41 l/s/473
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Civil Action No
COMPLAINT AND NOTICE TO DEFEND
DISCOVER BANK
Plaintiff
vs.
MICHAEL L PETROVICH
Defendant
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 Defendant's
account, which is the subject of this litigation.
4. Defendant is an adult individual(s) residing at 199 TORY CIR
ENOLA PA 17025
5. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX5986.
6. Defendant made use of said credit card and has a current balance
due of $6092.54. A copy of Plaintiff's Statement is attached hereto,
marked as Exhibit "1".
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. Although repeatedly 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, MICHAEL L PETROVICH, INDIVIDUALLY, in the amount of
$6092.54 and costs.
ai?
William T. Molc n,47437
WELTMAN, WEINBE G & REIS CO., L.P.A.
436 7th Ave Ste 1400
Pittsburgh PA 15219-1827
(412) 434-7955
FAX: 412-338-7130
WWR# 30287086:-C A'Pit SJS
DISC VER
ACCOUNT SUMMARY
Previous Balance $5,963.75
Payments and Credits — $0.00
Purchases + $0.00
Balance Transfers + $0.00
Cash Advances + $0.00
Fees Charged + $35.00
Interest Charged + $93.79
New Balance $6,092.54
See Interest Charge Calculation section following the
Transactions section for detailed APR information
Credit Line $5,400
Credit Line Available $0
Cash Advance Credit Line $1,400
Cash Advance Credit Line Available SO
You may be able to avoid interest on Purchases.
See reverse for details.
1' l
Contact Us Discover.com
1-800-347-2683
J
Please make check payable to Discover. You are overlimit.
Pay the sum of the Minimum Payment Due plus the remaining
overlimit amount of $692.54.
Make Check payable to Discover
Please fold on the perforation below, detach and return with your payment
Discover More Card
Account number ending in 5986
Open Date: Nov 26, 2013- Close Date: Dec 25, 2013.
Cardmember Since 2010
PAYMENT INFORMATION
New Balance
Minimum Payment Due'
Payment Due Date
" Includes past due amount of:
Page 1 of 4
$6,092.54
$1,151.00
January 20, 2014
$1002.00
Late Payment Warning: If we do not receive your minimum payment by the
date listed above, you may have to pay a lute fee of up to $35.00 and your
purchase and balance transfer APRs for new transactions may be increased up to
the Penalty APR of 23.99% variable.
Minimum Payment Warning: If you make only the minimum payment each
period, you will poy more in interest and it will take you longer to pay off your
balance. For example:
Ifrip make, ddtt,csnod•cht�es
ustts.g atat4 4ind Bath month
you:pay„z
Y09 will. ay n11:11 .
bounce slmv+rt oa #{tis
slaterrontir about:.,
Md'yrtcrwtll`ernd ut
pay ort esfi ruatedfoto1 •
Only the minimum payment 20 years
$16,069
f you would like information about credit counseling services, call 1-800-347-1121.
1
REWARDS
I Cashback Bonus®
Opening Balance
New Cashback Bonus This Period
Redeemed This Period
Cashback Bonus Balance
To learn more, log in at Discover.com
$
+$
_$
Anniversary Month
August
0.00
0.00
0.00
0.00
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
Payment coupon
Please do rtot Y01d,, dip: 0
Pay Intl as
biu.overApm
Pay by Phone
1,860-347=268
00.347-268:x:
II j•11[IIi1 111, ,i11
1,111HH111,i1
MICHAEL L PETROVICH
199 TORY.CIR •
ENOLA PA 17025-2659
1,1,11,1,1'.1111„,11,11,1
302&Z0861 Internet payments must be received by 5PM ET to be credited as.of the same day
Address, e-mail or telephone changed? Note changes on reverse side •
Account number ending in
5986
Minimum Payment Due
$1,151.00
New Balance
$6,092.54
Payment Due Date
Amount enclosed
PO BOX 71084 • •
CHARLOTTE NC 28272-1084
it,11,111,i1,111 1 ,, ,1
000001986623655010416060925400238570115100
January 20, 2014
Is
I 11111r'Iill 1 11i111111111
EXHIBIT
MICHAEL L PETROVICH Account number ending in 5986
Important Information
See your CardmemberAgreement. Your Card member Ag reement
contains all the terms of your Account.
Lost or stolen cards. Report immediately) Call 1-800-347-2683.
What To Do If You Think You Find A Mistake On Your Statement
If you think there is on error on your statement, write to us at; Discover, PO
Box 30421, Salt Lake City, UT 84130-0421. You must write to us within 60
days after the error appeared on your statement. You may call us, but if you
do we are not required to investigate any potential errors, and you may have
to pay the amount in question. The Billing Rights Notice further explains your
rights. Please see your Cardmember Agreement or visit
https://discover.com/billingrights for o copy of this notice.
Payments. You may pay all or part of your Account balance at any time.
However, you must pay at least the Minimum Payment Due by the Payment
Due Date. Send only your payment and the bottom portion of this statement
in the envelope provided otter affixing postage. Payments sent without proper
postage will be returned to the sender. Do not send cash. If you pay by
check, you authorize us to use information on your check to make an
electronic fund transfer from your account ai the financial institution indicated
on your check or io process the payment as a check transaction. If payment
is processed as on electronic fund transfer, the transfer will be for the amount
of the 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 day we receive your payment, and you will not receive your
check back from your financial institution.
The processing of your payment may be delayed if you send cash, corres-
pondence or other items with your payments, if you send the payment to any
other address, or if you use an envelope other than the one provided.
Payments received in proper form al our processing facility by 5PM local time
on any day will be credited to your Account as of that day. Payments received
at our processing facility offer 5PM local time will be credited io your Account
as of the next day. If you have misplaced your envelope, send your payment
to Discover, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7.10
days for delivery. If your payment is returned unpaid, we reserve the right to
resubmit it as an electronic debit. Payments mode online or by phone will be
credited as of the day of receipt if made by 5 PM Eostern time.
You can pay your monthly Minimum Payment Due, or a greater amount that
does not exceed your current Account balance, over the telephone or you con
setup automatic payments through a customer service representative by
calling 1-800-347-2683. Automatic payments for the billing period shown
on your statement will be deducted on the Payment Due Dote shown on that
statement, or the next automatic payment date referred to on your statement,
unless you request a recurring payment dole (e.g., the 15' day of the month)
that occurs before your Payment Due Date or Close Dale. If your scheduled
payment dale falls on a weekend or bank holiday, your payment will be
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
your bank account information. You will be asked to provide the lost four (4)
digits of the social security number of the primary borrower, By providing
those numbers as your electronic signature, you will be agreeing to ibis
authorization to allow us and your bank to deduct each payment you
authorize, in the amount selected by you, from your bank account. You also
authorize us to initiate debit or credit entries to your bank account, as
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 84130-0421; however, we must
receive notice at least three business days in advance of the scheduled
payment. If your payments may vary in amount, we will tell you on each
monthly billing stotement when your payment will be made and how much it
will be.
CHANGE OF ADDRESS
Open Dote: Nov 26, 2013 - Close Date: Dec 25, 2013 Page 2 of 4
You must ensure that sufficient funds are available in your bank account, and
all transactions must comply with. U.S. law.
You can set automatic payments for: (1) statement New Balance, (11) statement
Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed
dollar amount, or (iv) Other dollar amount. If your scheduled "Other dollar
amount' payment is not enough to cover the Minimum Payment Due as listed
on your monthly billing statement, your scheduled payment for that month
will be increased to cover the Minimum Payment Due. If the scheduled
payment is greater than the Minimum Payment Due, any excess will be
applied in accordance with your Cardmember Agreement. If your scheduled
payment is greater than the New Balance on your billing statement, that
payment will be processed only for the amount of your New Balonce. Your
automatic payment amount may be less than the amount indicated on the
billing statement based on credits or payments after the Close Date.
If you enroll by phone in our outomafic payment service, please fill-in the
following blanks below and retain the authorization for your records.
Amount: 0 Full Pay 0 Min Pay E Min Pay+ $
CJ Other Amount$ ; Bank Routing #:
Bank Account #
Monthly on the 0 Payment Due Date r Close Date
0 Day of month (insert date)
Credit Reporting. We may report information about your Account to credit
bureaus. Late payments, missed payments, or other defaults on your Account
may be reflected in your credit report. We normally report the status and
payment history of your Account to credit reporting agencies each month. If
you believe that our report is inaccurate or incomplete, please write us at this
address: Discover, PO Box 15316, Wilmington, DE 19850-5316. Please
include your name, address, home telephone number and Account number.
Paying Interest. Your due date is at least 25 days after the close of each
billing period (al least 23 days for billing periods that begin in February). We
will not charge you any interest on Purchases if you pay your entire balance
by the due date each month. We will begin chorging interest on Cash
Advances and Balance Transfers as of the later of the Transaction Dale or the
first day of the billing period in which the transaction posted to your Account.
How We Calculate Interest Charges. We Use the Daily Balance Method
(including current transactions) to calculate the Balance Subject to Interest
Rote. For more information, please call us at 1-800-347-2683.
Balance Subject to Interest Rate. Your statement shows o Balance Subject
10 Interest Rafe. It shows this for each transaction category. The Balance
Subject to Interest Rate is the average of the daily balances during the billing
period.
Credit Balances. If your Account has a credit balance, the amount is shown
on the front of your billing statement. A credit balance is money that is owed
to you. You may make charges against this amount if your Account is open.
We will send you a refund of any remaining balance of 51.00 or more after
6 months, or as otherwise required by applicable law, or upon request made
to the address in the Contact Us section on page 3 of your billing statement.
Balance Transfers. Balance Transfers are offered at our discretion and
accrue interest at the standard purchase rate unless we fell you otherwise.
Discover may monitor and/or record telephone calls between you and
Discover representatives for quality assurance purposes.
The Discover® card is issued by Discover Bank, Member FDIC. TL23N
If correct on front, do not use. Please print clearly in blue or black ink, in the space provided.
Street Address
City
38i'd86
1,
Home Phone
Work Phone
Email
To make changes to your address, email or telephone number, visit Discover.com
Confinued on next page
DISC VER
CONTACT US
Web Mobile
Access your Manage your
account securely account anytime,
at Discover.com anywhere at
m.Discover.com
Transactions
.Discover More Card:
Account number ending in 5986
Open Dote: Nov 26, 2013 C1ose Date: Dec 25, 2013
- Pa e3of4
Phone
1 -800 -DISCOVER
(1-800-347-2683)
TDD 1-800-347-7449
Trans. Date Post Date
Inquiry
Discover
PO Box 30943
Salt Lake City
UT 84130
Mail Payments
Discover
PO Box 6103
Carol Stream
IL 60197-6103
Fees
Dec 20
Dec 20 LATE FEE
TOTAL FEES FOR THIS PERIOD
$ 35.00
35.00
interest Charged
INTEREST CHARGE ON PURCHASES
INTEREST CHARGE ON CASH ADVANCES
INTEREST CHARGE ON BALANCE TRANSFERS
TOTAL INTEREST FOR THIS PERIOD
5
93.79
0.00
0.00
93.79
2013 Totals Year -to -Date
TOTAL FEES CHARGED IN 2013
TOTAL INTEREST CHARGED IN 2013
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Current Billing Period: 30 days
TYPE OF BALANCE
Purchases
Cash Advances
V=Variable Rate
ANNUAL PERCENTAGE RATE
(APR)
18.99% V
23.99% V
BALANCE SUBJECT TO
INTEREST RATE
$ 6,008.96
$0.00
$
$
385.00
1,050.07
INTEREST CHARGE
$93.79
$0.00
Information For You
For more information about how interest charges are calculated see your Cardmember Agreement or go to www.discover.com/interestcharges
30287086
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
MICHAEL, L PETROVICH Account number ending in 5986 Open Date_ Nov 26, 2013 - Close Dote: Dec 25, 2013 Page 4 of 4
30287086
•
(Name)
VERIFICATION
L; ti6.0 pp(Yf pQ c i @If.h-
(T' le)
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 perforins 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 Services.
Date S f VA !)14
MICHAEL L. PETROVICH
XXXXXXXXXXXX5986
WWR# 30287086 C A Pit SJS
DB Servicing Corporation servicing affiliate
For Discover Bank.
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
-1 L? - C) t= j.
JUN 17 AN 148
CUMBERLAND COUNTY
PENNSYLVANIA
Discover Bank
vs.
Michael L Petrovich
Case Number
2014-3361
SHERIFF'S RETURN OF SERVICE
06/05/2014 07:54 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Complaint &
Notice by handing a true copy to a person representing themselves to be Rachel Petrovich, wife, who
accepted as "Adult Person in Charge" for Michael L Petrovich at 199 Tory Circle, East Pennsboro, Enola,
PA 17025.
SHERIFF COST: $44.95
June 09, 2014
(c) Cul Suite Sheriff, Te'easoft, Inc.
VALERIE WEARY, DEPUTY
SO ANSWERS,
RONR ANDERSON, SHERIFF
DISCOVER BANK
Plaintiff
vs.
MICHAEL L PETROVICH
TO THE PROTHONTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
'LCD~' : /
4�
HE I ROTNOI C1
7014 AUG -if PH 1: 35
CUNBERL AND
LVA COUNTY
Civil Action No. 14-3361 CIVIL
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant MICHAEL L PETROVICH above
named, in the default of an Answer, in the amount of $6092.54 computed as
follows:
Amount claimed in Complaint $6092.54
Less payments / adjustments made $0.00
Attorney's fees $0.00
TOTAL $6092.54
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:
William T. Molczan,47
30287086 C A Pit SJS
Plaintiff's address is:
c/o WELTMAN, WEINBERG & REIS CO., L.P.A.,
436 7th Ave Ste 2500 Pittsburgh PA 15219-1842
And that the last known address of the Defendant is :
MICHAEL L PETROVICH
199 TORY CIR
ENOLA, PA 17025
Odfittl- � II'a+�,
C1c�IIV�tol�b
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
MICHAEL L PETROVICH
Defendant
Case No. 14-3361 CIVIL
IMPORTANT NOTICE
TO:
MICHAEL L PETROVICH
199 TORY CIR
ENOLA, PA 17025-2659
Date of Notice: t
I
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 2500
Pittsburgh, PA 15219
Phone: (412) 434-7955
(412) 338-7130
30287086 A PIT M4Z
DISCOVER BANK
Plaintiff
vs.
MICHAEL L PETROVICH
IN THE COURT OF COMMON PLEAS.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Civil Action No. 14-3361 CIVIL
NON-MILITARY AFFIDAVIT
The undersigned is the duly authorized agent and/or attorney for the
Plaintiff in the within matter and states as follows:
Affiant states that the within Affidavit is made pursuant to and in
accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App.
521.
Affiant further states that based upon investigation it is the affiant's
belief that the Defendant, MICHAEL L PETROVICH is not in military service.
Affiant further states that this belief is supported by the attached
certificate from the Defense Manpower Data Center (DMDC), which states that
the DMDC does not possess any information indicating that the below
individual is in the military service:
MICHAEL L PETROVICH
199 TORY CIR
ENOLA, PA 17025
Affiant further states that the averments contained herein are true and
correct to the best of Affiant's knowledge, information and belief and that
these averments are made subject to the penalties of 18 Pa C.S.A. Section
4904 relating to unsworn falsification to authorities.
AFFIANT
Department of Defense Manpower Data Center
Results as of : Jul -22-2014 05:07:38 AM
SCRA 3.0
Status Report
Pursuant to Service hers Civil Relief Act
Last Name: PETROVICH
First Name: MICHAEL
Middle Name:
Active Duty Status As Of: Jul -22-2014
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA S� .:,.#
-may,
1,.4, ` �, . !_ NC, N
NA
This response reflects the nddrrvtduats'activv0: duly status based on theActive Du 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
!&a+ -;y�
'4n
dt NA`.,.�3asa-,.,.1ca.�e*'a No . A -
NA
This response reflects where -Ute individual left active duty i tus Wdhif'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 Date
Order Notification End Date
Status
Service Component
NAA
N.:-1, .-
.» y: . WAVY' '
NA
This response reflects whether the and du"aror his/her unit has nscelved early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data CenterAbased 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 UniformedServi ces(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 strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as
the Soldiersand 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/PCO9SLDR.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: PBQC2A4BV0A0K80
DISCOVER BANK
Plaintiff
vs.
MICHAEL L PETROVICH
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Civil Action No. 14-3361 CIVIL
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the of owing Order of Judgment
was entered against you on
glti lig
(xx) Assumpsit Judgment in the amount of $6092.54 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 Awar
Prothonotary
B 0 •r
By:
MICHAEL L PETROVICH
199 TORY CIR
ENOLA, PA 17025
PROTHONOTARY (OR DEPUTY)
Plaintiff's address is:
c/o WELTMAN, WEINBERG & REIS CO., L.P.A.,
436 7th Ave Ste 2500
Pittsburgh PA 15219-1842
(412) 434-7955