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HomeMy WebLinkAbout14-5869 Supreme Cou-t-Pf,Rennsylvania )VWRN 30335341 C A Pit SJS Couif Com n eas jCLi-, C-6yet'�118ForProllrmwlan'Use Only CUMBERLANI7, �.f �) COUIIti Docket No: ';l _ J The information collected on this form is used solely for court administration purposes. This form does not sr.ipplenaent or replace the filing and sen.ice of pleadings or other papers as required bi,laii!or rules of court. Commencement of Action: S 13 Complaint ❑ Writ of Summons ❑ Petition E 13 Transfer from Another Jurisdiction Declaration of Taking DISCOVER BANK C Lead Plaintiff's Name: Lead Defendant's Name: T PAUL JEFFERY WISLOCKY I 0 Are money damages requested? ll Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑outside arbitration limits Is this a Class Action Suit? ❑ Yes Q No Is this an MDJ Appeal? ❑ Yes Q No A 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 Debt 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 13 Product Liability(does not include [3 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: I ❑ Other: O 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. i it CT -3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK ID Plaintiff No: VS. COMPLAINT IN CIVIL ACTION PAUL JEFFERY WISLOCKY 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 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-338-7130 30335341 C A Pit SJS � f (5,7 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS . Civil Action No PAUL JEFFERY WISLOCKY Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, Discover Bank, is a banking institution organized under the laws of the State of Delaware and maintains a business address of 12 Reads Way, New Castle, DE 19720 . 2 . DB Servicing Corporation is the servicing affiliate for Discover Bank, f/k/a Greenwood Trust Company, an FDIC-insured Delaware State bank. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, 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, 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 1520 MCCORMICK DR MECHANICSBURG, PA 17055 5 . Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3986 . 6 . Defendant made use of said credit card and has a current balance due of $12849 . 29. A copy of Plaintiff ' s Statement is attached hereto, marked as Exhibit 11111 . 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, PAUL JEFFERY WISLOCKY, individually, in the amount of $12849. 29 and costs . William T. Molczan, 7437 WELTMAN, WEINBERG & REIS CO. , L.P.A. 436 7th Ave Ste 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-338-7130 WWR# 30335341 C A Pit SJS DISC New Balance Minimum Payment Due Account Number ending in 3986 DISC VERZ $12,849.29 $1,971.00 Enter Amount Enclosed Below Payment Due Date ��-- November 21,2012 Please make check payable to Discover Card You are overhmit Pay the sum of the monthly minimum payment plus the overlimit amount of $1,2492 4 PAUL JEFFERY WISLOCKY 1520 MCCORMICK DR MECHANICSBURG PA 17055-5976 PO BOX 71084 CHARLOTTE NC 28272-1084 Address,e-mail or telephone change2 Go to www.Discover.com or print change in space above 000001986458261053942128492900000000197100 Opening Date: September 27,2012- Closing Date: October 26,2012 page 1 of 2 Discover More Card Account Summary Payment Information New Balance $12,84929 Minimum Payment Due` $1,471 00 Account number ending in 3986 Payment Due Date November 21,2012 Previous Balance $12,61587 Includes post due amount of$1,714 00 Payments And Credits 000 Purchases + 000 Late Payment Warning:If we do not receive your minimum Balance Transfers + 000 payment by the date listed above,you may have to pay a late Cash Advances + 000 fee of up to$35 00 and your purchase and balance transfer Fees Charged + 3500 APRs for new transactions may be increased up to the Penalty Interest Charged + 19842 APR of 23 09%variable New Balance $12,84929 Minimum Payment Woming:If you make only the minimum See Interest Charge Calculation section following payment each period,you will pay more in interest and it will transactions for detailed APP,information take you longer to pay off your balance For example Credit Line $1 1,60000 if you make no Youwilt pay:off the And you will end Crede Line Available $000 oddltroncit C.barges b0lonce shown on u !n o.n, p l?Qy. 9 Cash Advance Credit Line $5,90000 using fts.cord and this.statement'in estimated total of; Cash Advance Credit Line Available $000 each month you,pay about You may be able to avoid Interest Charges,see Additional Only the minimum 34 years $44,891 Important Information For details payment If you would like information about credit counseling services, Cashback Bonus Anniversary Month call 1-800.347.1121 November Opening Cashback Bonus Balance $ 000 New Cashback Bonus This Period + 000 Cashback Bonus Balance $ 0.00 To rcrrn mare !cg,n p!www.0iscover.eom 3 Easy Ways to Contact Us Manage Your Account Online at www.Discover.com 1 Access your account securely at www.Discover.com Access Free online tools like Paydown Planner to create a plan 2 Call 1.800-DI5COVER(1.800.347-2683 to pa down vour balance,secure) access statements, Please have your Discoverer card available bills online and easily track all transactions pay 3 Write to us at Discover,PO Box 30943, Salt Lake City,UT 84130(Not a payment address) Make your money worth more`w,`--find easy ways to earn For payments,please send to address on remittance or and redeem cash rewards Discover,PO Box 6103,Carol Stream,IL 60197.6103 NEWT Access your account securely through your For TDD(Telecommunications Device for the Deaf) mobile phone assistance,please call 1-800-347-7449 Transactions Trans. Post Date Date Fees Oct 21 Oct 21 LATE FEE $ 3500 TOTAL FEES FOR THIS PERIOD 35.00 Int�r�i trArye41 INTEREST CHARGE ON PURCHASES $ 19842 �.jSVV.3S33.�77�35 INTEREST CHARGE ON CASH ADVANCES 000 �XHIBtt INTEREST CHARGE ON BALANCE TRANSFERS 0 00 NOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paperless statements mean less clutter, more convenience Easily access up to 24 manths of downtoodable, password protected statements •See your statement as soon as it's available rather than wait for it to arrive In your mailbox. •Get helpful payment reminders through e-mail or text messages on your mobile phone • Print a paper copy of your statement anytime • Sign up today at Discovercom/paperless :,201 a Cis;;r ec Eon Member FC'L PAPER 0:110 Transacf'rons Trans. Post (cont.) Date Date Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 198,42 2012 Totals Year-to-Date TOTAL FEES CHARGED IN 2012 $ 28000 TOTAL INTEREST CHARGED IN 2012 1,89988 30335341 Questions? Visit www.Discover.com or call 1-800-DISCOVER (1-800-347-2683). DISCOVER D& ?tpnysto PAUL JEFFERY WISLOCKY DISC VE*1Z DISC VEk Account number ending in 3986 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate(APRT is the annual interest rate on your account Current Billing Period:30 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE(APR( INTEREST RATE Purchases 18 99% V $12,711 51 $19842 Cash Advances 23 99% V $0 $0 V=Variable Rate Additional Important Information See your Cardmember Agreement. Your Cardmember Agreement 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 an error on your statement,write to us at Discover,PO Box 30421,Salt Lake City,UT 84130-0421 [n your letter,give us the following informahan Account inibrrration Your name and account number Dollar amount The dollar amount of the suspected error Description of Problem If you think there is an error on your bill,describe what you believe is wrong and why you believe it is a mistake You must contact us within 60 days after the error appeared on your statement You must notify us of any potential errors in writing You may call us,but if you do Nye are not required to investigate any potential errors and you may have to pay the amount in question While we investigate whether or not there has been an error,the following are true We cannot try to collect the amount in question,or report you as delinquent on that amount The charge in question may remain on your statement,and we may continue to charge you interest on that amount But, if we determine that we made a mistake,you will not have to pay the amount in question or any interest or other Fees related to that amount While you do not have to pay the amount in question,you are responsible for the remainder of your balance We can apply any unpaid amount against your credit limit Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card,and you have tried in good Faith to correct the problem with the merchant,you may have the right not to pay the remaining amount due on the purchase To use this right,all of the following must be true 1 The purchase must have been made in your home state or within 100 miles of your current mailing address,and the purchase price must have been more than$50 (Note Neither of these are necessary if your purchase was based on an advertisement we mailed to you,or if we own the company that sold you the goods or services I 2 You must have used your credit card for the purchase Purchases made with cash advances From an ATM or.with a check that accesses your credit card account do not qualify 3 You must not yet have Fully paid for the purchase If all of the criteria above are met and you are still dissatisfied with the purchase,contact us in writing at Discover,PO Box 30945,Salt Lake City,UT 84.130-0945 While we investigate,the same rules apply to the disputed amount as discussed above After we finish our investigation,we will tell you our decision At that point,if we think you owe an amount and you do not pay we may report you as delinquent Payments.You may pay all or part of your Account balance at any time However,you must pay of least the Minimum Payment Due by the Payment Due Date Send only your payment and the top portion of this statement in the envelope provided Da not send cash By sending your check as descnbed above,you authonze is to use mformatton on your check to make an electronic fund transfer from your account at the financial mshtution indicated on your check or to process the payment as a check transaction If pa ment is processed as an 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 fransfer,funds may be withdrawn from your account as soon as the ame day we receive your payment,and you will nut receive your check back from your financial institution he processing of your payment may be delayed if you send cash,correspondence or other items with your payment,if you •end the payment io anyy other address or if you use an envelope other than the one provided Payment reserved m proper form of our processing tacihty by SPM local t me on any day will be credited to your Account as of that day Payments reserved at our processing facility after 5PM local time will�e credited to 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 30335341 NOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER You can pay your monthly Minimum Payment Due,or a greater amount that does not exceed your current Account balance, over the telephone or you can setup automatic payments through a customer service representative by calling 1-800-347-2683 Automatic payments will be deducted on the Payment Due Date unless you request a recurring payment dote e g,the 15th day of the month)that occurs before your Payment Due Date If your scheduled payment date fol 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 btelepp(tone,you will need this statement and your bank account information You will be asked to provide the last four(4�digrts of the social security number of the primary borrower By providing those numbers as your electronic signature,you will be agreeing to this 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 must however we must receive notice at least three business days in advance of the scheduled payment If your payments may vary in amount, we will tell you on each monthly billing statement when your payment will be made and how much it will be You must ensure that sufficient funds are available in your bank account,and all transactions must comply with U S low You can set automatic payments for (r)statement New Balance,(u)statement Minimum Payment Due,(m)statement Minimum Payment Due plus a fixed dollar amount,or bvl a fixed dollar amount If your scheduled fixed payment is not enouggh to cover the Minimum Payment Due as listed on your monthly billing statement,your scheduled payment for that month will tx 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 IFyour scheduled payment is greater than the New Balance on your billing statement,that payment will be processed only for the amount of your New Balance Your automatic payment amount may less than the amount mdicared on the periodic statement based on credits at payments after the Closing Date If you enroll by phone in our automatic payment service,please Fill-in the Following blanks below and retain the authorization for your records Amount ❑ Full Pay ❑Min Pay ❑ Min Pay+$ ❑Fixed Pay$ Bank Routing# ,Bank Account# ,Frequency Credit Reporting.We may report information about your Account to credit bureaus Late paymen s,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 moccurate or incomplete,please write us at V the following address Discover.PO Box 15316, ilmmgron,DE 19850.5316 Please indicate your name,address, home telephone number and Account number Paying Interest. We begin to impose interest charges on a transaction,fee or interest charge From the day we add it to the dally balance We continue to impose interest charges until you pay the total amount you owe us You can avoid prying interest on Purchases as described below However,you cannot avoid paying interest on Balance Transfers or Cosh Advances How to Avoid Payin Interest on Purchases("Grace Period") If you paid the New alance on your previous billing statement by the Payment Due Date shown on that billing statement,we will not impose interest charges on new Purchases or any portion of a new Purchase,paid by the Payment Due Date on your current billing statement New Purchases ore Purchases that first appear on the current billing statement How We Apply Payments May Impact Your Grace Period If you do not pay your New Balance in full each month,then,depending on the balance to which we apply your payment, you may not get a grace period on new Purchases How We Calculate Interest Charges-Daily Balance Method lincluding current transactions): We calculate interest charges each billing period by first figura, the"daily balance"for Loch Transaction Category Transaction Categories include standard Purchases,standard Cash Advances and different promotional balances,such as Balance Transfers How We Figure the Daily Balance for Each Transaction Category We start with the beginning balance for each day The beginning balance for the first day of the billing period is your balance on the last day of your previous billing period We add any interest charges accrued on the previous day's daily balance and any new transactions and fees We add any new transactions or fees as of the later of the Transaction Date or the first day of the billing period in which the transaction or fee posted to your Account We subtract any new credits and payments We make other adjustments(including those adjustments required in the"Paying Interest"section) How We Figure Your Total Interest Charges We multiply the daily balance for each Transaction Category by its daily periodic rate We do this for each day in the billing period This gives us the merest charges for each Transaction Category To get a daily periodic rate, we divide the APR that applies to the Transachon Category by 365 We add up all the daily interest charges The sum is the total interest charge For the billing period How We Include Fees We add Balance Transfer Fees to the applicable Balance Transfer Transaction Category We add Cash Advance Fees to the applicable Cash Advance Transaction Category We add all other Fees to the standard Purchase Transaction Category Balance Subject to Interest Rate. Your statement shows a Balance Subject to Interest Rate It shows this for each transaction category The Balance Subject to Interest Rate is the 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 chargges against this amount if your Account is open We will send you a refund of any remaining balance of$100 or more alier 6 months,or as otherwise required by applicable law For TDD(Telecommunications Device for the Deaf)assistance,please call 1.800-347.7449. 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 ezNF-00i 30335341 Questions? Visit www.Dlscover.com or DISCOVER call 1-800-DISCOVER (1-800-347-2683). VERIFICATION A thaLt_tn;n Su (Name) � G 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, Fk/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, 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 g / 7 / nature PAUL JEFFERY WISLOCKY DB Servicing Corporation servicing affiliate XXXXXXXXXXXX3986 For Discover Bank WWR# 30335341 C A Pit SJS Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY UE:u -L�i- ;C[ OF THE PRDi HOMO t ,3 `i 2 OCT 2 I I'M 2:58 CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Paul Jeffery Wislocky Case Number 2014-5869 SHERIFF'S RETURN OF SERVICE 10/10/2014 07:28 PM - Deputy Jamie DiMartile, 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: Paul Jeffery Wislocky at 1520 McCormick Drive, Lower Allen, Mechanicsburg, PA 17055. SHERIFF COST: $39.30 October 15, 2014 (c) CountySuite Sheriff, Teleeseh, !nc. owaLQ dirRac(--fo.cD IE DIMARTILE, DEPUTY SO ANSWERS, 1 RON R ANDERSON, SHERIFF DISCOVER BANK Plaintiff vs. PAUL JEFFERY WISLOCKY TO THE PROTHONTARY: OFF CE IE PRO] H1'244317\ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA" 50 CIVIL DIVISION CUMBERLAND COUNTY PENNSYLVANIA Civil Action No. 14-5869 CIVL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant PAUL JEFFERY WISLOCKY above named, in the default of an Answer, in the amount of $12849.29 computed as follows: Amount claimed in Complaint Less payments / adjustments Attorney's fees TOTAL made $12849.29 $0.00 $0.00 $12849.29 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. 30335341 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 : PAUL JEFFERY WISLOCKY 1520 MCCORMICK DR MECHANICSBURG, PA 17055 414. Toed fit Ott 11801.-3 ��3 I t/8 -5`l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. PAUL JEFFERY WISLOCKY Defendant TO: PAUL JEFFERY WISLOCKY 1520 MCCORMICK DR MECHANICSBURG, PA 17055-5976 \5k\k-\ Date of Notice: Case No. 14-5869 CIVL 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 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 30335341 A PIT S4E DISCOVER BANK Plaintiff vs. PAUL JEFFERY WISLOCKY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14-5869 CIVL 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, PAUL JEFFERY WISLOCKY 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: PAUL JEFFERY WISLOCKY 1520 MCCORMICK DR MECHANICSBURG, PA 17055 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsification to authorities. Department of Defense Manpower Data Center Status Report Pursuant to Servicenembers Civil Relief Act Last Name: WISLOCKY First Name: PAUL Middle Name: JEFFERY Active Duty Status As Of: Dec -04-2014 Results as of : Dec -04-2014 08:35:06 AM SCRA 3.0 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 The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Left Active Duty Within 367 Das of Active Duty Status Date Active Duty Start Date Status Active Duty End Date Status Service Component NA NA - • .NA _s - _. _ -, - No -s NA This response reflects where the Individual left active dut 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 Date Order Notification End Date Status Service Component NA r NA "• a - . e ...No - -• v NA This response reflects whether the individual of his/her unit has received early.notiflcation 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 41/074.0, 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: BOC3H1C3415C2E0 DISCOVER BANK Plaintiff vs. PAUL JEFFERY WISLOCKY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14-5869 CIVL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the fQlloi g Order of Judgment was entered against you on /Z /4? / (xx) Assumpsit Judgment in the amount of $12849.29 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 Award Prothonotary By: if PROTHONOTARY (OPIrn2ERUT PAUL JEFFERY WISLOCKY 1520 MCCORMICK DR MECHANICSBURG, PA 17055 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