On November 30, 2023 a
Party Statement
was filed
for Default Judgment
in the District Court of Hennepin County.
Preview
27-CV-23-18178
Filed in District Court
State of Minnesota
11/30/2023 8:22 AM
CONSUMER CREDIT CONTRACT
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Discover Bank
DECLARATION OF PLAINTIFF'S
ATTORNEY
Plaintiff,
vs. Court File No.
Linda S Presthus
Defendant(s).
The undersigned attorney for Plaintiff states and alleges:
1. Declarant is an attorney duly licensed to practice law in the State of Minnesota and is one
of the attorneys of record for the Plaintiff in the above-captioned matter.
2. Declarant further states that pursuant to a search of the Department of Defense
Manpower Data Center the Defendant above named, is not currently on active duty in the military service
of the United States. I have no reason to believe s/he is on active duty at this time. Attached hereto, is a
true and correct copy of the Status Report from the Department of Defense Manpower Data Center.
In the state of Minnesota, county of Hennepin, I declare under penalty of perjury that everything I have
stated in this document is true and correct. Minn. Stat. § 358.116.
MESSERLI & KRAMER PA
eSigned on 11/30/2023 in Hennepin County, MN
3033 Campus Drive, Ste. 250
Plymouth, MN 55441
cc-litigation@messerlikramer.com
Ph#: (763) 548-7900
Fax#: (763) 548-7922
MN_0742 File No: 03-49697 ,,1..
27-CV-23-18178
Filed in District Court
State of Minnesota
11/30/2023 8:22 AM
Department of Defense Manpower Data Center
Results as of Nov-27-2023 11:21 :24 AM
:
SCRA 5.18
Emmi; Report
WW '_
Pursuant to Scn'iumtemburs Civil itcticfM-t
SSN
Birth Date:
Last Name: PRESTHUS
First Name: LINDA
Middle Name: 8
Status As Of: Nov-27-2023
Certificate ID: VZXNDSBSQJWV329
On Active Duty 0n Aalve Duty Status Date
Active Duty Start Date Naive Duty End Date Status Service Component
NA NA" 'No NA
This response rem the Individuals' active dmy status based on the Active Duty Status Oak
Lefl Active Duty Within 367 Days ofAmive Duty Status Date
Adlve Duly Start Daie Awve Duty End Daie Stains Servloe Component
NA 'NA No NA
This response reflects where (no individual lefl active dug'smtus within 367 days preceding the Min Duly Sums Dam
The Member or HlsIHer Unlt Was Notlfled ofa Fumm CaILUp M) Active Duty on Actlve Duty Status Date
Omar Nomlcatlon Start Defie Order Notlflcatlon End Dam status Sorvlca Component
NA NA N0_ NA
Thls respOnse reflects whether the Indlvlduél or higher unlt has re§elved eany fioflflcafion 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 data as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force. NOAA, Public
Sm
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.
Sam Yousefzadeh, Director
flmgw
Department of Defense Manpower Data Center
-
4800 Merit Center Drive, Suite 04E25
Alexand ria. VA 22350
MN_0742 File No: 03-49697 ,,1..
27-CV-23-18178
Filed in District Court
State of Minnesota
11/30/2023 8:22 AM
The Defense Manpower Data Center (DMDC) is an organization of the Deparlment of Defense (DOD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database whicti 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 el 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 amenity 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 oontacfing that person's Service. Service contact
information can be found on the SCRA website's FAQ page (035) vIa this URL: https:/lscra.dmdc.osd.mII/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 Smtus 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 repomd 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 consewtive 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 1O 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, whim 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 lastdates of active duty.
' L
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all righs g! 'i to Service s 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.
MN_0742 File No: 03-49697 ,,1..
Document Filed Date
November 30, 2023
Case Filing Date
November 30, 2023
Category
Default Judgment
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27-CV-23-18178 Filed in District Court State of Minnesota 11/30/2023 8:22 AM CONSUMER CREDIT CONTRACT STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Discover Bank DECLARATION OF PLAINTIFF'S ATTORNEY Plaintiff, vs. Court File No. Linda S Presthus Defendant(s). The undersigned attorney for Plaintiff states and alleges: 1. Declarant is an attorney duly licensed to practice law in the State of Minnesota and is one of the attorneys of record for the Plaintiff in the above-captioned matter. 2. Declarant further states that pursuant to a search of the Department of Defense Manpower Data Center the Defendant above named, is not currently on active duty in the military service of the United States. I have no reason to believe s/he is on active duty at this time. Attached hereto, is a true and correct copy of the Status Report from the Department of Defense Manpower Data Center. In the state of Minnesota, county of Hennepin, I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116. MESSERLI & KRAMER PA eSigned on 11/30/2023 in Hennepin County, MN 3033 Campus Drive, Ste. 250 Plymouth, MN 55441 cc-litigation@messerlikramer.com Ph#: (763) 548-7900 Fax#: (763) 548-7922 MN_0742 File No: 03-49697 ,,1.. 27-CV-23-18178 Filed in District Court State of Minnesota 11/30/2023 8:22 AM Department of Defense Manpower Data Center Results as of Nov-27-2023 11:21 :24 AM : SCRA 5.18 Emmi; Report WW '_ Pursuant to Scn'iumtemburs Civil itcticfM-t SSN Birth Date: Last Name: PRESTHUS First Name: LINDA Middle Name: 8 Status As Of: Nov-27-2023 Certificate ID: VZXNDSBSQJWV329 On Active Duty 0n Aalve Duty Status Date Active Duty Start Date Naive Duty End Date Status Service Component NA NA" 'No NA This response rem the Individuals' active dmy status based on the Active Duty Status Oak Lefl Active Duty Within 367 Days ofAmive Duty Status Date Adlve Duly Start Daie Awve Duty End Daie Stains Servloe Component NA 'NA No NA This response reflects where (no individual lefl active dug'smtus within 367 days preceding the Min Duly Sums Dam The Member or HlsIHer Unlt Was Notlfled ofa Fumm CaILUp M) Active Duty on Actlve Duty Status Date Omar Nomlcatlon Start Defie Order Notlflcatlon End Dam status Sorvlca Component NA NA N0_ NA Thls respOnse reflects whether the Indlvlduél or higher unlt has re§elved eany fioflflcafion 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 data as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force. NOAA, Public Sm 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. Sam Yousefzadeh, Director flmgw Department of Defense Manpower Data Center - 4800 Merit Center Drive, Suite 04E25 Alexand ria. VA 22350 MN_0742 File No: 03-49697 ,,1.. 27-CV-23-18178 Filed in District Court State of Minnesota 11/30/2023 8:22 AM The Defense Manpower Data Center (DMDC) is an organization of the Deparlment of Defense (DOD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database whicti 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 el 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 amenity 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 oontacfing that person's Service. Service contact information can be found on the SCRA website's FAQ page (035) vIa this URL: https:/lscra.dmdc.osd.mII/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 Smtus 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 repomd 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 consewtive 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 1O 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, whim 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 lastdates of active duty. ' L Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all righs g! 'i to Service s 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. MN_0742 File No: 03-49697 ,,1..