HomeMy WebLinkAbout09-6642
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: bq- &( q.A CiVi ?e?l
VS.
COMPLAINT IN CIVIL ACTION
HUY QUOC HUYNH
Defendant FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt,42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
07563598 C A Pit SJS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No
HUY QUOC HUYNH
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 A3LE
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 corporation with offices at 6500 NEW
ALBANY ROAD NEW ALBANY , OH 43054
2. Defendant is adult individual(s) residing at the address listed
below:
HUY QUOC HUYNH
1427 SIMPSON FERRY RD
NEW CUMBERLND, PA 17070
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX3528 .
4. Defendant made use of said credit card and has a current balance
due of $2686.02 , as of June 09, 2009 .
5. Defendant is in default by failing to make monthly payments when
due. As such, the entire balance is immediately due and payable to
Plaintiff.
6. Plaintiff is entitled to the addition of interest at the rate of
29.990% per annum on the unpaid balance from June 09, 2009 A copy of
Plaintiff's Statement is attached hereto, marked as Exhibit I'll, and
made a part hereof.
7. Plaintiff avers that the Agreement between the parties provides
that Defendant will pay Plaintiff's attorneys' fees.
8. Plaintiff avers that such attorneys' fees will amount to $125.00
9. Although repeatedly requested to do so by Plaintiff, Defendant has
willfully failed and/or refused to pay the balance due to Plaintiff.
Wherefore, the Plaintiff prays for Judgment in its favor and
against Defendant , HUY QUOC HUYNH individually , in the amount of
$2686.02 with interest at the rate of 29.990% per annum from June 09,
2009 plus attorneys' fees of $125.00 , and costs.
fames u.
WELTMAN,
436 Sev
Pittsbu
(412)
FAX: 4 2
07563 98
This law firm is a debt collector attem,
our client and any information obtained
rmbrodt,42524
INBERG & REIS CO., L.P.A.
Avenue, Suite 1400
PA 15219
955
8-7130
A Pit SJS
to collect this debt for
be used for that purpose.
CARD .
T
v?,vav.v< tnter Amoun' Enclosed 9elow
Payment Due Date $ -?
DUE IMMEDIATELY
08 SDSN6A01 0003456
HUY HUYNH
1427 SIMPSON FERRY RD
NEW CUMBERLND PA 17070-1559
Address, e-mail or telephone change? Print change in space
above, or go to Discover.com. Print your e-mail address to
receive important Account information and special offers.
Will your payment get to us on time? Pay
your bill online and your payment can be
made to your account on the some day. Visit
Discover.com/payments today.
PO BOX 6103 11Inr11n111n11nIn11i[1
CAROL STREAM IL 60197-6103
11111.11111 Ill 1111 if 1 111111111 1111111111111111111
000001986458088624362026860200000000268602
Discover More Card Account Summary
Closing Date: May 8, 2009 page 1 of 1
Account number ending in 3528 Previous Balance
Payment Due Date
June 7, 2009
Payments And Credits $2,686.02
Minimum Payment Due $2,686.02
Purchases 0.00
Credit Limit
$1,750.00
Cash Advances
+
0.00
Credit Available
$0.00
Balance Transfers + 0.00
Cash Credit Limit
$0.00
Finance Charges + 0.00
Cash Credit Available
$0.00 -
New Balance + 0.00
$2,686.02
Cashback Bonus® Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus This Period + p 00
Cashback Bonus Balance $ 0.00
Cashback Bonus® Anniversary
Date: November 8
How Can We Hel YOU? 1 • Visit Discover.com to pay your bill for no cost, view our
p latest Account information, earn and redeem rewards and more
It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) for fast, easy self-service
Please have your Discover Card available. options or to speak with a Customer Service Account Manager
For TDD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943,
Salt Lake City, UT 84130
Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence.
,Information For You
While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment
was late, we have chosen not to do so of this time. We have terminated, however, any introductory or promotional rate on
purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of
purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the
minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for
details.
EXHIBIT
Finance Charge Summary
Nominal
Average Transaction
Daily ANNUAL ANNUAL Periodic Fee
Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE
Balances Rates RATES RATES CHARGES CHARGES
current billing period: 8 days
Purchases $0 0.08216% 29.99% F 29.99% $0 $0
Cash Advances $0 0.08216% 29.99% F 29.99% $0 $0
The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above.
Important Information. If there is more than one page to this billing statement, see the back of each page for 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.
Billing Rights Summary. In Case of Errors Of Questions About Your Bill: If you think you 3 r bill is wrong, or it you need more information about a
transaction on your bill, write us on a separate sheet of paper at Discover Moresm; PO Box 0421,Salt Lake City, UT 84130-0421 , as soon as possible
We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but
doing so will not preserve your rights. In your letter, give us the following information:
.Your name and Account number.
.The dollar amount of the suspected error.
.Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure
about. ion while w question. While we Investigate your question, we cannot report youeasgdelinquent o take any obligated collect the amount youoquesiton. are not in
Special Rule for Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased' with a credit card, and
you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or
miles of your mailing address1e(f we own oreoperate the merchant, or sifmwe $50 advertisement fos he goods oryour ser cestall within purchas es are
covered regardless of the amount or location of purchase.)
Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as
described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution
indicated on your check or to process the payment as a check transaction. If payment 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 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, correspondence or other items with your pa ment, if you send the payment to
any other address or if you use an envelope other than he one provided. Payments received on or after 1 PM Monday through Friday or on a
weekend or bank holiday will be posted to your Account as of the next business day. If you have misplaced your envelope. senyour payment to
Discover Bank, 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
You can pa our minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1.800.347-2683.
You will need his statement and yyour bank account information. You must ensure that sufficient funds are avalable in your bank account, and all
transactions must comply with U.S. law You will be asked to provide the first 5 digits of your account statement zip code. By entering 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
from your bank account, and to initiate debit or credit entries to your bank account, as applicable, to correct an error in he processing of such
payment You must tell us the amount of each payment, or you can select an amount such as the Minimum Payment Due or the New Balance on
each statement You can cancel a payment, however we must receive notice at least three business days in advance of the scheduled payment You
may notify us by phone at 1.800-347-2683 or by mail at address listed in the previous paraggraph. If your payments may vary in amount, we will tell
you on each monthly statement when your payment will be made and how much it will be. Your Automatic payment amount may be less than
indicated on the monthly statement based on credits or payments applied during the billing cycle.
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 a encies each
month. If you believe that our report is inaccurate or incomplete, please write us at the following address Discover Moresm Card, Poi Box 15316,
Wilmington DE 19850.5316, Please include your name, address, home telephone number and Account number.
PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account
until the date you pay your entire New Balance, by making payments or receiving credits. However, we will provide the followin "grace period." If
you paid the New Balance on your previous billing statement by the Pa ment Due Date shown on that statement, and you pay the New Balance by
the Payment Due Date on this statement, we will not impose Periodic F nance Charges on new purchases, that is, purchases first appearing on this
statement Otherwise, you will receive a billing statement next month that includes Periodic Finance Charges on those new, purchases.There is no
grace period on balance transfers or cash advances.
We sort your transactions into groups of purchases cash advances, and balance transfers and then further sort the transactions within each group by
their Annual Percentage Rate. Tor example purchases subject to a promotional rate and purchases subject to a standard rate would be separate
groups. We refer to these groups as transaction categories. At the end of each billing period, we compute balances and Periodic Finance Charges for
each day of the billing period for each transaction category, We use the following equation to compute Periodic Finance Charges for each transaction
category: Average Daily Balance x number of days in the biting period x Daily Periodic Rate. (See the finance charge summary on your statement for
these amounts.) Then we add up the Periodic Finance Charges for each transaction category to get the total Periodic Finance Charges for your
Account The Average Dairy Balance is shown as zero if, because of the grace period, no Periodic Finance Charges apply to the balance in a
transaction category.
We use the two-cycle average daily balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance
Charges. This means if you did not pay the New Balance shown on te billing statement you received duringt the previous billing period by the e shown asy eel asDnewapturcha es that fa sttappearnon the current billing statementcunless we already imposed Per odiclrs Finance Charg s oo thehpurchaseseon
your previous billing statement
We compute the Average Daily Balance for each transaction category by adding up all the daily balances in a billing period fora transaction categgo
and dividin the total byy the number of days in the billing cycle. We compute the daily balance for each transaction category on each day by7irryy
rst
adding the ?ollowin to the previous day's daily balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued on
the previous day's daily balance: and by then subtracting any credits and payments that are applied against the balance of the transaction category
on that day. In calculating the daily balance for the previous billingg period, we consider the "previous day's daily balance" to have been zero on the
first day of the billing period. If a transaction is posted to your riccount after the close of the billing period in which it occurs, we will treat the
transaction as having occurred on the first day of the billing period in which it is posted to your Account
All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee
Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which
are added to the applicable balance transfer transaction category. When the special rate expires, we move the unpaid balance of the balance transfer
and the Balance Transfer Transaction Fee Finance Charges to the standard purchase transaction category. However, if the special rate has been
terminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance
Charges in the applicable transaction category until the special rate would have expired.
For TOD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449.
The niSCnklP.rab MnrPsm Cam ie it-Arl h„ nic-ar Rani, kA.-h- ENP
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to
unsworn falsifications to authorities, that he is Robert Adkins
(Name)
Accounts Manager _ of DFS Services LLC , plaintiff herein, that
(Title) (Company)
he is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint
in Civil Action are true and correct to the best of his knowledge, information and belief.
(Signature)
WWR# 7563598
Huy Q. Huynh
'6011002917333528
0
,?W'?1OTARY
2009 OCT -6 Ali 8: 47
F E'tN\StLVI', IA
418.50 P13 ATtl
?.T*' a31 ?181v
Sheriffs Office of Cumberland County
R Thomas Kline F LEC ?r:;(-'E
Sheri N0TARY
Ronny R Anderson 2009 OC T _ 9 Phi -:35
Chief Deputy , J Jody S Smith C 41114
Civil Process Sergeant orr - "E
Edward L Schorpp
Solicitor
Discover Bank
vs.
Huy Quoc Huynh
Case Number
2009-6642
SHERIFF'S RETURN OF SERVICE
10/08/2009 05:46 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on
September 8, 2009 at 1746 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Huy Quoc Huynh, by making known unto Hai Huynh, Father of defendant
at 1427 Simpson Ferry Road New Cumberland, Cumberland County, Pennsylvania 17070 its contents an(
at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $43.30
SO ANSWERS,
October 09, 2009 R THOMAS KLINE, SHERIFF
gY-? ?
Deputy S eriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
HUY QUOC HUYNH
defendant
No. 09-6642 CNIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt, Esquire
PA I.D. #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219 rA~_-
(412) 434-795555 -~~ i'~' -~
n- ~ ; ~ r-n
WWR#7563598
Judgment Amount $ 3,334.06
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 09-6642 CIV[L TERM
HUY QUOC HUYNH
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendant, HUY QUOC HUYNH above named, in the default of an
Answer, in the amount of $3,334.06 computed as follows:
Amount claimed in Complaint $2,686.02
Interest from 06/09/09 to 2/01/10
at the interest rate of 29.99% per annum $ 523.04
Attorney's Fees $125.00
TOTAL $3,334.06
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:
James C. W rodt, Esq
PA LD. #4 2
WELTMA EINBER
1400 Ko ers uilding
436 Sev th venue
Pittsbur A 15219
(412)4 795555
WWR#7563598
& REIS CO., L.P.A.
Plaintiffs address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1.400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 152 ] 9
And that the last known address of the Defendant is: 652 E PROSPECT AVE, STATE COLLEGE,PA 16801
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 09-6642 CIVIL TERM
HUY QUOC HUYNH
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( )Plaintiff
(xx) Defendant
( )Garnishee
You are hereby notified that the following
Order or Jud ent was entered against you
on /
(xx) Assumpsit Judgment in the amount
of $3,334.06 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: J
PROTHO OTARY j~~Y)
HUY QUOC HUYNH
652 E PROSPECT AVE
STATE COLLEGE,PA 1.6801.
Plaintiffs address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7~' Avenue, Pittsburgh, PA 15219
1-888-434-0085
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Case no: 09-6642 CIVIL TERM
Plaintiff
vs.
HUY QUOC HUYNH
Defendant
NON-MILITARY AFFIDAVIT
The undersigned, who first being duly sworn, according to law, deposes and states as follows:
That he/she is the duly authorized agent of the Plaintiff in the within matter.
Affiant further 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, HUY QUOC
HUYNH is not in the 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 Defendant, HUY QUOC HUYNH is not in the military service.
Further Affiant sayeth naught.
AFFIANT
SWORN TO AND SUB R ED in my presence this c~ day
of cam.
L~ _.
_ _
.._,..
NO'T'AR PUB~ C CpMMpt~MIEAL_ TH OF~.~ NSYWANIA
Wendy 1.Oeult, Notary Public
NoteAes
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
Case No. 09-6642 CIVIL TERM
vs.
HUY QUOC HUYNH
Defendant
IMPORTANT NOTICE
TO: '
HUY C~UOC HUYNH
1427 SIMPSON FERRY RD
NEW CUMBERLND, PA 17070
Date of 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 NAVE 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.
Matthe rban
P.A.I.D.# 90963
WELTMAN, WEINBERG &REIS CO., L.P.A.
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
7563598 A PIT B4S
Request for Military Status
1epartment of Defense Manpower Data Center
Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Feb-04-2010 06:05:38
`~ Last First/Middle Begin Date Active Duty Status Active Duty End Date Service
A
Name enc
Based on the information you have furnished, the DMDC does not possess
HUYNH HUY any information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast
Guard).
~~ -~-
Mary M. Snavely-Dixon, Director
Department of Defense -Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Service Members 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 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 is on active duty, 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~is/PC09SLDR.htm1. If you have evidence the
person is on active duty 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).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a
middle name), you can submit your request again at this Web site and we will provide a new certificate
for that query.
This response reflects active duty status including date the individual was last on active duty, if it was
within the preceding 367 days. For historical information, please contact the Service SCRA points-of-
contact.
https://www.dmdc.osd.mil/appj/scralpopreport.do 2/4/2010
Request for Military Status Page 2 of 2
More'information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a
period of more than 30 consecutive days. In the case of a member of the National Guard, includes
service under a call to active service authorized by the President or the Secretary of Defense for a period
of more than 30 consecutive days 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 TARS, Marine Corps ARs and Coast Guard 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) for a
period of more than 30 consecutive days.
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.
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 SCRA
extend beyond the last dates of active duty.
Those who would 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 name and SSN provided by the requester.
Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:908JSL6V3D
https://www.dmdc.osd.mil/appj/scra/popreport.do 2/4/2010