HomeMy WebLinkAbout10-0222
CF THE H ?T
2010 JAN -6 PM 3: 4 6
Cl,?P s ' i co u
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff No: JQ - oZoU ?1V?1 --FarM
vs.
DAVID E MEASE
COMPLAINT IN CIVIL ACTION
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
07959029 C A Pit KMJ
$9a.00 Po arty
tx-* 8q 21a1,M / 405357
e as6887
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No
DAVID E MEASE
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 corporation with offices at 6500 NEW
ALBANY ROAD NEW ALBANY , OH 43054 .
2. Defendant is adult individual(s) residing at the address listed
below:
DAVID E MEASE
160 EASY RD
CARLISLE, PA 17013
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX2377 .
4. Defendant made use of said credit card and has a current balance
due of $4857.13 , as of November 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 November 09, 2009 . A
copy of Plaintiff's Statement is attached hereto, marked as Exhibit
111" 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 , DAVID E MEASE individually , in the amount of
$4857.13 with interest at the rate of 29.9909. per annum from November
09, 2009 plus attorneys' fees of $125.00 , and costs.
games Warmbr clt, 42524
WELT WEINB RG & REIS CO., L.P.A.
436 S ve th Avenue, Suite 1400
Pitt u h, PA 15219
(412 4 4-7955
FAX- 4 2-338-7130
079 9 29 C A Pit KMJ
This law firm is a debt collector attWting to collect this debt for
our client and any information obtain will be used for that purpose.
VIJ?. V CK
CARD
$4,857.13 1 $4,857.13 1 Enter Amount Enclosed Below
Payment Due Dale . $ C- c. )' 7 C.,
November 17, 2009 Please make check payable to Discover Card.
Minimuyayment due includes a past due
amount of $1,037.00.
22 SDSN6A01 0004217
DAVID MEASE
160 EASY RD
CARLISLE PA 17013-9595
Will your payment get to us on time? Pay
your bill online and your payment can be
made to your account on the same day. Visit
Discover.com/payments today.
PO BOX 6103 Ill till Is III rlIluIIII IIf II
CAROL STREAM IL 60197-6103
Address, e-mail or telephone change? Print change in space I
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II
I III
II
11
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above, or go to Discover.com. Print your e-mail address to I I
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11111 11111
11111
1
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receive important Account information and special offers.
000001986458807345349048571 300000000485713
Discover More Card Account Summary
Closing Date: October 22, 2009 page 1 of 1
Account number ending in 2377 Previous Balance $4,857.13
Payment Due Date November 17, 2009 Payments And Credits 0.00
Minimum Payment Due $4,857.13 Purchases + 0.00
Credit Limit $4,000.00 Cash Advances + 0.00
Credit Available $0.00 Balance Transfers + 0.00
Cash Credit Limit $0.00 Finance Charges + 0.00
Cash Credit Available $0.00 New Balance -=$-A,8-57.13
Cashback Bonus® Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus This Period + 0.00
Cashback Bonus Balance $ 0,00
CashbackBonus&Anniverso ------- - ----------------- --...-------------------
Date: June 22
How Can We Hel You?
p 1 • Visit Discover.com to pay your bill for no cost, view our
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) sae reverse side 3. Write us at Discover Card, PO Box 30943,
Salt Lake City, UT 8,4130
Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence.
Information For You
Your Account is overlimit. While we are permitted under the Cardmember Agreement to charge you an Overlimit Fee
we
have chosen not to do so at this time. We reserve the right ,
to do so if, as of the close of a billing period, your outstanding
Account balance exceeds your Account credit limit. See the Ovettl, ' F n of the Cardmember Agreement for details.
Finance Charge Summary
Average Daily
Daily Periodic Nominal Transaction
ANNUAL ANNUAL Periodic Fee
PERCENTAGE PERCENTAGE FINANCE FINANCE
Balances Rates RATES RATES CHARGES CHARGES
current billing period: 22 days
Purchases $0 0.08216%
Cash Advances $0 0.08216% 29.99% V 29.99% $0 $0
29.99% V 29.99% $0 $0
Balance Transfers $0 0.08216% 29.99% V 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.
Bee your Cwdmember Agreement Your Cardmember Agreement contains all the terms of your Account
Lost or stolen cards. Report Immediately' Call 1-800-347-2683. CO
BIIII Riahts 8wnmary. in Case of Errors or Questions About Your Bi60' i You think Your bill is wrong, or if you need more information about a D
tproans ctt on ur bill, write to us o
t m n a se crate sheet of agar at Div r Card Pi] Box 30421 Sali Lake Ci1? UT 84130-0421 as soon as
eo?agarjn dui leie?r va usnhowingf Inioirmat on?ch the error or problem appeared. Vou can telephone $
Ussbut ddn so swilleho roesrv th
• Tour nam? and AccourtP number g
r
• The dollar amount of the suspected erro
• Describe the error and explaih, if you can, why you believe there is an error. If you need more information, describe the Item you are unsure
about
You do not have aavy an amount in uestlon while we are nvesU aUn , but u are still Doll clad to the parts of your bill that are not in
question. While we e Pnvesti?ate your question, we cannot repo you as defsnquer?t or take any a9lon to c It t t a amoun you question.
8uclef Rule for Credit Card Purchases, Ifyou have a problem with the quality of poOds or services that you purchased with a credit card, and
have tried In ggood faith to correct the problem with the merchant may not ifave to pay the name ring amount due on the moods or services.
ou have this WoucU r only when the ourhhase rice was more than 50 anQ the urchase was made in your home state or with(Ti 100 miles of
regardless athe amoS?rit or IocaUwonep t chasej?erchant or it we malted you the apdvertisement for the goods or services, all purchases are covered
r send onl gr payment and th to rtion of this statement n the envelopecp led' Dq n4t send cash. By sendatthe TI Ci I
sDp Your check as
d cr above, vouyaUtnonze us to use Inorfltation on yyoouur check to mae an elecVoTll fund transTer from your accou tfTnt
Institution indicated on?our check or to rocess the payment as a check Vansactlon. If payment Isanprocessednic
e
an transfer, th
transfer will be for the mount of the UK when wb use Information fromyour check to make back ma be
elect asfundanVelecs funds fund
ro
withdrawn
withdrawn from your account as soon as the same day we receive your pays ant, and you will not receive your check back from your tinanclal
The processing of Your ant ma be delayed if you send cash corres ndence or other Items with r pavmenT If You send the avment to
anY othefr addres? or ii se an eri%loDpee other tharf the one rovfded. pap?o ents received on or after 1 Mat dur rocessm fa UI1y
th ro w h F rid A?ohday
or on a ekend or bank hNit( will be sled to ccd v you uve misplvaUr epyelpRe
send our p ent to Discover Bank PC PO It Box as an 3 electronCarol,ic ?Stre de bit am, IL 60197-61 3 Please allow business s fdI dative half nt is returned
unpai , we serve the right to resub '
q. your payme
You can pay your minimum?ayment or a greater amount over the telephone, and you can set u automatic payments. Call us at 1-800-347-2683.
You will need t1US statement a d your bank account Information. You mu 9t ensure thAt sufficient itPnds are avallaple In you ?bank account and all
transactions must cowoly with U.. law. You will be asked to provide the first 5 digits of your account statement zip cod
numbers as Your electroffic 5I nature you will be a reeing to this authorsiation to allow s nd Your bank to deduct each mri it nv?,a'uuthorize
from Yyoouur bank account, and ?o IniUa46 debit or cre?it enures to Your bank account, as applicable, to correct an error In th rocessjn_g- of such
ppaa ment You must tell us the amount of each ppaayvmment or you can select an amount such as the Minimum aa Payment Due or the New Balance on
eah statement You can can el a p?vtnent; however we mJSt receive notic at least three business days Innce of the scheduled payment You
may in a us by ph one at 1-?00-3aT2v6o83 or by mail at the address listed sn the previous para$ranh. I wur payments vary in amount we will tell
indicated on the m JJ turbothlytstmatemen eba3edron rcrehdit s II be made and how m ch tt will be. You a tomatic payment amoutft may be less than
payments applied during the billing cycle.
Credt Reporting. We ml re rt information about Yyoour account to credit bureaus. Late oaVents, missed paVmants, or other defaults on Your
account may bg.% erevleected r ypoour credit report We nbrma11treep port a the number and Ac sBs and paym i t Himstory of your Account to credit reoortin a encles each
month f yotl I that prt Is Inaccurate or Incorr ae Eelease yrclte us at the ollowin?
0 -5x address: Discover Card, PO B x 15366, Ilmington.
DE 19A 1ef ease Inctide ut repo You r name, a dress, home count numtlEr.
Grace Period on Purchases (at least 28 dayn) We begin to impos4 Periodic Finance Char?as on all transactions from the Transaction Date for the
transaction as shown on Your billing statement, unless a transaction Is steel to Your Account after the clos of the billin clod In which It occurs,
In which case we begin m Impose Periodic Finance Char as on that Val tl 1r the first a ee oe
Account We continue to Impose Periodic Finance Charges until the datesa u on our en re Ne, Balance illina perlod in Fetich it is posed to Your
However. if you paid the New Balance on ur evlous oillln statement V?oy t1Qe Yvom inakin9 ppavmants or receiYViongpcarvedits.
pNuew Balanc by the Pa mart Due Date on ?YyOoUurPcurrent billin statement vVe wili?nbt rent posa Peri?odie Fn nce Chamtsesnpnsta emet andj, that is e
advancess first appeariXg on the current bi0ing statement call this the "grace period.° There is no grace period on balance transfers or cash
Minimum Finance Ch We will char a you a minimum FINANCE CHARGE of $.50 for any billing period in which Periodic Finance Charges of
less than $.50 would otth twise be impose.
Annual Fee. If Your Account has an annual fee it will be billed at the beginning of each anniversYaorv vear?,?°ur Account is open. The amount of
wlthlne3aU bays of the ma ling of de ivery date ofsthelstatement onuwhieh the peeisubidllebdle Youewlll ecelvUe'this treturid inn its your Account
during that period. yo your Card
Periodic Fln?ce Charles. We sort Your transactions Into stcoups of purohases, cash advances and balance Vans Te balances
transactions within eactf prouD by their Annual Percents a Kate. for example purchases sub jIecte to a uromoUonal rate and purchases sued to a
rs and ation then further ort the
standard rate would be serpgarate groups. We refer to thee groups as Vansaction cat oriel. At a end of each billin herlod, we compu
pinancelChlarga for each tFaensaction catego he billing period for each transaction ategory. W use the iollowing ?gfr to compute Periodic
(Average Daily Balance) times (days in billing period) times (Daily Periodic Rate).
for these amounts.e Then we add up the Periodic Finance Charges for each
:count The Averag Dally Balance IS shown as zero If, because of the grace
1 oitc Ic feting the balance uporl which we imppopsse Periodicinance
?o,ry by addirt? up all the dally balances in a billlno nerlod mr a
category
you
the
Fee
which
has
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 James Ball
(Name)
Team Lead 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.
W WR# 7959029
David E. Mease
'6011002713172377
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FILED-OF-FICE
Sheriff ;)F THEry nl''!!?TPY
'(,
Jody S Smith
Chief Deputy 2010 JAN 13 AM 10: 26
Edward L Schorpp r
Solicitor CU"d1 ?`-
rC.i v?V `?d Vra. ?.t •Discover Bank
vs.
David E. Mease
Case Number
2010-222
SHERIFF'S RETURN OF SERVICE
01/08/2010 03:38 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January
8, 2010 at 1538 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: David E. Mease, by making known unto Derrick Mease, Son of defendant at 160 Easy
Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to hirr
personally the said true and correct copy of the same.
SHERIFF COST: $33.40
January 11, 2010
SO ANS ERS,
R Y R ANDERSON, SHERIFF
or ?1
f
i; W,4??
Deputy Sherif
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
DAVID E MEASE
defendant
No. 10-222 CIVIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
Cam
FILED ON BEHALF OF '?
;
'
Plaintiff -ea 0
.
`
COUNSEL OF RECORD OF `
THIS PARTY: %jp
James C. Warmbrodt, Esquire
PA I.D. 442524
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7959029
Judgment Amount $ 5,401.17
Iq. 06 ?ct Aa?
?3?s
K-
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No. 10-222 CIVIL TERM
DAVID E MEASE
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendant, DAVID E MEASE above named, in the default of an
Answer, in the amount of $5,401.17 computed as follows:
Amount claimed in Complaint $4,857.13
Interest from 11/09/09 to 2/22/10
at the interest rate of 29.99% per annum $419.04
Attorney's Fees $125.00
TOTAL $5,401.17
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. War brodt, Esquire
PA I.D. #4
WELTMA , EINBERG & REIS CO., L.P.A.
1400 Kop ers uilding
436 Sev th enue
(412)
WWR#7959029
15219
Plaintiffs address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`' Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 160 EASY RD, CARLISLE,PA 17013
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 10-222 CIVIL TERM
DAVID E MEASE
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Judgment was entered against you
on
(xx) Assumpsit Judgment in the amount
of $5,401.17 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
(x x) Default
( ) Verdict
( ) Arbitration
Award
Prothonotary
By: / -- . _j tp
PROT NOTARY
DAVID E MEASE
160 EASY RD
CARLISLE,PA 17013
Plaintiffs address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7s` Avenue, Pittsburgh, PA 15219
1-888-434-0085
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Case no: 10-222 CIVIL TERM
Plaintiff
VS.
DAVID E MEASE
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, DAVID E
MEASE 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, DAVID E MEASE is not in the military service.
Further Affiant sayeth naught.
AFFIANT
SWORN TO AND SUBSGkI ift) in my presence this 45 day
of _/ ,?lurlu / z.0/o _ Ammww uG?out*
of F?tbb??tplb?_mN 0.20+-
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs.
DAVID E MEASE
Defendant
Case No. 10-222 CIVIL TERM
IMPORTANT NOTICE
TO:
DAVID E MEASE
160 EASY RD
CARLISLE, PA 17013
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 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, Wf"BERG & REIS CO., L.P.A.
By:
Matthew Urban
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
7959029 A PIT T4S
.Req,?,est for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Feb-24-2010 10:40:06
- ]Last First/Middle Begin Date Active Duty Status Active Duty End Date Service
A
Name gency
Based on the information you have furnished, the DMDC does not possess
MEASE DAVID 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).
A IA.
wt low
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/pis/PC09SLDR.htrnl. 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/scra/popreport.do 2/24/2010
.Requcs` for Military Status Page 2 of 2
More information on "Active Duty Status"
Active e 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 wider 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 SCR,4 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:LEOM98AMD1
https://www.dmdc.osd.mil/appj/scra/popreport.do 2/24/2010