On March 03, 2023 a
Party Statement
was filed
involving a dispute between
Discover Bank,
and
Josephson, Jolene,
for Default Judgment
in the District Court of Chisago County.
Preview
13-CV-23-169
Filed in District Court
State of Minnesota
3/3/2023 9:17 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CHISAGO TENTH JUDICIAL DISTRICT
DISCOVER BANK
Plaintiff Court File No.
v. Case Type: Consumer Credit Contract (3A)
JOLENE JOSEPHSON Our File No. 4664830
Defendant(s)
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF MINNESOTA )
)SS.
COUNTY OF DAKOTA )
The undersigned states as follows: state the following:
1. I am one of the attorneys for Plaintiff in the above entitled action.
2. I am of suitable age and discretion and competent to make this affidavit.
3. This affidavit is made in compliance with the Servicemembers Civil Relief Act, 50 U.S.C. §§
3901 et seq., in an attempt to obtain a judgment against the above named Defendant(s).
4. I verily believe that the Defendant(s) is/are not currently on active duty in the military service
of the United States. This belief is based on the attached certificate obtained from the United
States Department of Defense website showing that the Defendant(s) is/are not on active duty
status.
I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn.
Stat. § 358.116.
Dated:
03/01/2023 RAUSCH STURM LLP
ATTORNEYS IN THE PRACTICE OF DEBT COLLECTION
Michael J. Ropella, #0397665
Joel R. Boon, #0388723
Jason A. Adams, #275657
7300 147th Street West, Suite 307
Apple Valley, MN 55124
Office Phone No.: (833) 917-4025 TTY: 711
Attorney Direct Phone No. (877) 334-1598
Fax: (877) 492-5187
LawfirmMN@rauschsturm.com
ATTORNEYS FOR PLAINTIFF
pmnejs.wpd/Our File No. 4664830
13-CV-23-169
Filed in District Court
State of Minnesota
"s""*"= Femzm°1=°1=45m
Department of Defense Manpower Data Center 3/3/2023 9:17 AM
SCRA 5.15
Status Repun
-' Pursuant to Smicemembm Civil Relieffict
SSN
Birth Date:
Last Name: JOSEPHSON
First Name: JOLENE
Middle Name:
Status As Of: Feb-22-2023
Certificate ID: S3XN7XC6W1TKN24
On Active Duly Or! Active Duty Status Date
Altive Duty Stan Date Adlve Duty End Date Status Servlos Component
NA NA No NA
This response reflects the individuals' active duty stews based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Data
Active Duty Start Dale Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days prsceding the Active Duty Status Date
The Member or HisIHer 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 NA No NA
This response reflects whether the Indlvtduat 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 hislher unit receiving notification of future orders to report for Active Duty.
Michael V. Son'ento, Director
Department of Defense Manpower Data Center
-
400 Gigling Rd.
Seaside, CA 93955
13-CV-23-169
Filed in District Court
State of Minnesota
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
3/3/2023 9:17 AM
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. § 3901 et seq, as amended) (SCRA) (formerly known as
flue 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. Service contact
information can be found on the SCRA website's FAQ page (035) via this URL: https:/Iscra.dmdc.osd.mil/scra/#/faqs. 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. § 3921(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 acfive 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 whicfi 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. SSNIdate of birth, and active duty status date provided by the requester. Providing
erroneous infom'lafion will cause an erroneous certificate to be provided.
Document Filed Date
March 03, 2023
Case Filing Date
March 03, 2023
Category
Default Judgment
For full print and download access, please subscribe at https://www.trellis.law/.