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HomeMy WebLinkAbout10-5696'?R?Fly 1LV+PuNN + p??It IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. IRENE D BEERS Defendant No: !O- 6096 a-t%jt'MeA-M COMPLAINT IN CIVIL ACTION 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 08471483 C A Pit CXC p q A. Do P'0 A T-r-/ C1` 475c2 153 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. IRENE D BEERS Defendant Civil Action No 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: IRENE D BEERS 422 N ENOLA DRIVE #A ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5327 . 4. Defendant made use of said credit card and has a current balance due of $1857.80 , as of June 09, 2010 . 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 28.990% per annum on the unpaid balance from June 09, 2010 . 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 , IRENE D BEERS individually , in the amount of $1857.80 with interest at the rate of 28.990% per annum from June 09, 2010 plus attorneys' fees of $125.00 , and costs. fames u. WELTMAN, 436 Seve Pittsb(412) FAX: 4j,- 084714 This law firm is a debt collector attempt our client and any information obtained w V - a ro t,42524 EINBERG & REIS CO., L.P.A. L Avenue, Suite 1400 PA 15219 55 38-7130 A Pit CXC to collect this debt for be used for that purpose. New Balance Minimum Payment Due DISCOVER $0.00 $411.00 Payment Due Date June 26, 2010 31 SDSN6A01 0005490 IRENE BEERS PO BOX 334 ENOLA PA 17025-0334 Account Number ending in 5327 Enter Amount Enclosed Below $ Go paperless and make your account information more secure with password- protected statements only you can access. Leam more at discover corn/paperless. PO BOX 6103 Illrrrll"rrrlt.n"11'11r.) CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? i III It I I111111I II 1111I111I1I I111111111411 11I I11111111I I11I1111 Go to wwwMiscover.com or print change in space above. EXHIF 000001986458805088057000000000000000041100 4 Opening Date: May 10, 2010 - Closing Date: May 31, Discover Open Road Card Account Account number ending in 5327 Previous Balance $1,857.80 Payments And Credits 1,857.80 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Finance Charges + 0.00 Other Fees t + 0.00 New Balance 0.00 See Finance Charge Summary section following transactions for detailed APR information Credit Line $1,900.00 .. C?redit [tree. Avoifable - - - - - • - - - - - - Cash Advance Credit Line $1,000.00 Cash Advance Credit Line Available $0.00 I t See transaction detail for a description of any fees charged.) Cashback Bonuse Anniversary Month June Opening Cashbock Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at www.Discover.com and select Rewards lulu page r OF r Payment Information New Balance $0.00 Minimum Payment Due $411.00 Payment Due Date June 26, 2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00 and your purchase APRs for new transactions may be increased up to the Default APR of 29.99% variable. Manage Your Account Online at www.D*mcDvor.com Securely access statemwrls and free online tools, pay bills online and track and view all transactions simply std easily Make your money worth more sm-find easy ways to earn and-redeem-cosh4owards - - - - - - - - - - - - - - - - - - - - - - - - - NEWI Access your account securely through your mobile phone 3 Easy ways to Contact Us 1. Access your account securely at www.Discow.com 2. Call 1.800-DISCOVER (1.800.347.2683) Please have your Discovers card avaik&o 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. Transactions Trans. Post Date Date Payments and Credits May 31 May 31 INTERNAL CHARGE-OFF $ -1,857.80 - - ------------------------------ Finance Charge Summary -------------. ----------- ------------ ----------- -------- L Fe ? Average Daily ANNUA ANNUAL ie Ptariodi F Daily Periodic PERCENTAGE PERCENTAGE FINAPICE current billing period: 22 days Balances Rates RATES RATES CHARGES Q%RCsEII $0 ? P {?? p 0.07942% 28.99% 28.99% $0 $0 ? j , ?AFfl A 6t111IrL $0 0.07942% 28.99% 28.99% $0 $0 V = Variable Rate See reverse side. DISCOVER [ P`?u °l important Information. If there is more than are page to this billing statement, am the back of each page for additional important alformsort. gas your Cardmombsr Agreement. Your Cadm inber Agreement suntans at the terms of your Account Lost or stolen cards. Report immehlratayl Call 1.800.317.26!9. BBiNg Rights Summary. In Case of Error or Ouesbons Aleut Your Bit If you think your bill is wrong, or if you need moss Womratton about a hnladon on your bill, teat b as on a UT 84130-0421. as soon as possible. We must hear from you nib isler Min 60 days affair hoe Will you ft first bid on Sall Lake City PO Banc 30421 aper at Discover arate steel of se , , , p p which the error or problem appeared. You can isloohe us, but doing so will not preserve your rights in your leder, give us to kdowing information: Your name and Account number. • The dollar amount of the suspected error W • Describe the error and expl n, t you can, why you believe there is an error, If you need more Information, describe the i om you are unsu s about You do not have to pay any amount in question v"e we are nvestigaitng, but you are still obligated to pay the parts of you MB that are rind in Wasiorl Wide w8 n sidigale yaw Weston, we cannot report you as delinquent or take any action to tolled the amount you question. Spacial Rule for Credit Card Purchases: If you have a problem with the quality of goods o (services owl you purchased wMh a credit sad, and you haelfMd In good fate to eared ou may not have to pay the rumoring amount due on rte goods or services You have this protection only wan the, ptecen prba was moss own 350 ith the merchant bl l em w ie pro y and is purchase was made in your tome stale or within 100 rites of your mating address. (If we own or operate lie merchant, or 1 we mailed you the adwYwrrwM for is goods or sera ces, all purchases are covered regardless of the amount or location of purchase.) Payments. Send only, your payment end ote tap portion or this statement in the envelope pmvrdW Do not sand cash. By funding your check as dea'tbed above, your afthits 1s to use inb milkin on you clock to make an elections fund transfer from your account at the fnahaal institution exficsked on yaw duck or to process is psynsnt as ac edt tarssobon. lt payment is processed as an eleciroaa fund transfer, IN Mfor volt be to M1e amount of the chock When we use rnfarnelbn ham you deck to mels an sfectai, turd transfer, • kinds rosy be withdrawn from your account as soon as the same day we receive your payment, and you will not recave you deck bade tan your finamo i sWrtar. The processing of your payment may be delayed if you sad cash, correspondence at other items with your payment, if you send to payment b any i7Mlar address or f you use an arvelope other than the cite provided Payments received in proper form at our processing fanny by 5PM local arcs on any day will be credited b yourAooouM sou of ftfty Payments ssnlgfacd elver 5PM boat time will be aedned to your Account as of the next day. if.ypu hells msplgpicLy-hlr Snvf m. wd yplK?FyPta0Lk0il40vsL PO Box received at our proce _ 8103, Card Steam, IL 60187&1 W Please albw 7-10 days fa delivery If your Nsyntent is returned ulpaid, we reserve t e right to resulft It set an eledronla debt You can pay your minimum payment or a greater amount over the telephone, and you can stint up atrtonnatc payments Cal us et I-M347-2683 You wd creed tae dessonenl and you bank account information. You must ensure that sufficient funds are available in your bank account, and at transactions must comply with U.S ten You am be asked b proMde ft Aral 5 digits of your account sMoret ZIP code. By anterirg ruse nunbxs as your electronic signature, you will be agreeing to this autlarizellion b stow us and yaw Oath b deduct each and to initiate dabil or credit entries to your bank account, as applicable to correct an snbr at Me processing of such payment. You must ment you authorize from your bank amount a , p y tell us the amount of each payment or you can select an amount sudh as the Mmimtan Payment Due or the New Balance on each staement. You can cancel a payment, Mallow we not receive notice at teat three business days in advance of the scheduled payment You may notify us by phone at 1800.347-2683 or by mail A the adder Mal is bprewos paragraph. If your payments vary in amount, we will tell you on each monthly statement when your payment will be made and how much a will be. You semneac payment amouf may be less than Indicated on the monthly statement based ate credits or paynie nts applied durng the bli g cycle. Credit Reporting. We may report information about your Account it) credit bureaus Late payments. missed payments, or otter defaults on your Account may be ohm In your sett repot. We nomnaty report the status and payment history of you Account to credit repaUng agencies each month. M you bellows that our report is mris OM or incoaplai pfeue write us al Pte fdky wing address Discover, PO Box 153113, Wilmington, DE 19850.5316 Pease include your name, address, home telephone number and Accarf number. Grace Period an Purchases (at Nest 25 days), We begin to impose Periodic Finance Charges on alt transactions hen #s Transaction Defer for to lssrsadon snosn on you big unless a transaction is posted to you Account after the dose of to billm;l period in which t occurs, in which case we begin to irnpbfe Parbdc FnacrChags an del statement , transaction from the first day of the bdlkV period in which It is posted to your Accounl. We continue to irrpme Period Chagos tariff the it* you pay your sift "W ealahca shown on your biting statement by mating payments or receiving crocks However it you pad the New Balance on previous billing stalerrhs ' by is Vaynwlt Dw omb eavm on that bilking statement, we will not in" Periodic Finance Charges on new purchases, that is, purchases first appearing an the current billing statement, or any pomtat of a new pad by the Payment Due Data on your current bast statement. We cat this the 'grace period' There b no grace pe nod on balance Inanse a or mh advances. As more purchase , key described in to section of you Cardmanoor Agnnoment tided 'flow We Apply Payments' we generally apply payments to your Amount based on theAtwsl fsaunbpe Rafe applicable to the balance of each transaction cakxgcxy. This means that if you do not pay the New Balance on One current bang statement by is Psymeal Die Dab dam on Mal big statement, than, depalding on to amount of your payment and the Annual Percentage Rates on other balances, you may not gel a grace period an now ptrdtaus. ktinina m Finance Charge. We will dusts you a minimum FINANCE CHARGE o($ 50 for any WIN period in which Periodk Finance Charges of see ten $.50 wotfd ethawfee be imposed. Annual Fee, t your Account has an annual fee, a will be bf ed at the beginning of each anniversary year your Account is open. The amount of the be appears on ft sla8aned wan the ouratify us that you wash to Cosa ymA,. k » 1=4r SO days of the mailatg-a ddwen,, dark-oi tln 4t4ewenitaa whdvtbefee k- 6nr44alundable urxass Th 4 f bdl y e iinnu aa -b%42 w billed You all reeeve this refund even it you use your Cad during that period Psrisdic Finance Charges. W8 sat yea branhwatcns into groups 01 pucnasef, cash adraraes, and balance taoles and then crow srxt Mte traeadas wrWn sett group life Yrlr Amhwt Percentage RaN. Fa example, purchases sub)ecl to a promotional rete and purchases sublet b a ebrdard role would DB tepenb poppe• YYe wla b tale gtoupe ¦ we mmpure balances and Periodic France (]nagob breach day d the Wag poled breach bYNiL'Man calagofy. We bin tlne anas At the end d eadn dpahg pnhriod ction dale t , g ansa btlovNg agualxxh W CarnpUte Penudic Ff wrote Charges far each transacvon categury' (Average Daly Balance) braes (days in Mlfirrg period) arras (Daily Pedafc Rate). Yet t4er14Www Charge Summary on your billing statement fur these amounts. Then we add up the Periodic Finance Charges fur each taeachon b gel rte es for your Account The Average Daily Balance is shown as zero it, because of the grace period, no Periodic Finance Charges apply to balance in a l Periodic Finance Char Wa g a tensacbon category The Daly Periodic Rafe is 11365th of th correspcncling Annual Percentage Role We use the Average Daily Balance (hndukmg new transactions) method of calculating the balance upon which we arpose PMiOdic Rwcs rXsrgss. We orrpcaa so A-W Daly Balance for each transaction category by adding up at the daily balances in a biting period for a transaction category and divdirg the Ica! by rte number of dos In ft bbig period. We compute the daily We= for each transaction category on each day by first adding the followuhg to the previous dab's doily balance, treadant With a Traeedon Dab of Mat day as show on your bdfing statement, unless the aansacdon is posted to your Account after the dose of the billing period in which l occurs, in Mitch use to Iraraesfion liar be added to The dally, bbalance as of the feat day of the bang perod in which it is posted to your Account, fees charged Mal day and Periodic Finance Charges storied an to perilous dells dally and by then subtracting any credits and payments that are applied against the balance of the transaction category on that day In calculating the defy balance trifle ft day of balance . the biting period, we consider tl6'previous day's daily bald ce' to have been your balance for each transaction category on to fast day of your prewos tilling period. At fees charged to your Account are added to the standard purchase transaction category with the erceptcn of Cash Advance Transadici n Fee Finance Charges vision are added to ow spphca ie cash advance transaction category and Balance Transfer Transaction Fee Finance Charges whah are added to the applicable balance brander tarsadbn category. For TDO (Telecommunications Device for the Deaf) assistance, please call 1.800347.7448, Discover may monitor ardla record toloplnone calls between you and Discover representatives to quality assurance purposes. 02010 The Dscovert card is issued by Discover Bank, Member FDIC PA0210 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 Leader _ 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. WWR# 8471483 Irene D. Beers 6011002711545327 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank vs. Irene D. Beers Case Number 2010-5696 SHERIFF'S RETURN OF SERVICE 09/14/2010 07:17 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2010 at 1917 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Irene D. Beers, by making known unto Josephine Beers, Mother of defendant at 422 N. Enola Drive #A, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 September 15, 2010 RYAN BU?RGE PUTY SO ANSWERS, I °""_ _ RONI'4Y R ANDERSON, SHERIFF 1:23 ti Ti (_. CO 3 f' f l OF THFILED-OFFICE PROTHONOTARY CJIr, ;TY IN THE COURT OF COMMON PLEAS OF CUMBERLA14aCOUI kl *,'Pt INSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. IRENE D BEERS defendant No. 10-5696 CIVIL 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 (412) 434-7955 WWR#8471483 Judgment Amount $ 1992.67 00 ?b atV 15 aM? ? 1U. tk4 4q I U;? ? ? o?S3 -7 S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 10-5696 CIVIL TERM IRENE D BEERS Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, IRENE D BEERS above named, in the default of an Answer, in the amount of $1992.67 computed as follows: Amount claimed in Complaint $1857.80 Interest from JUNE 9, 2010 to JANUARY 5, 2011 at the interest rate of 28.99% per annum $309.87 Less Payments/adjustments made 300.00 Attorney's Fees $125.00 TOTAL $1992.67 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. Warm , E PA I.D. #425 WELTMAN, E BI 1400 Kopper Bui ding 436 Seventh ve ie Pittsburgh, A 5219 (412) 434- 55 & REIS CO., L.P.A. Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 422 N ENOLA DRIVE #A; ENOLA PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Case No. 10-5696 CIVIL TERM vs. IRENE D BEERS Defendant IMPORTANT NOTICE TO: IRENE D BEERS PO BOX 334 422 N. ENOLA DR., #A ENOLA, PA 17025 Date of Notice: tT Ci 10 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 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 8471483 A PIT H4N IN THE COMMON PLEAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. IRENE D BEERS Defendant Civil Action No. 10-5696 CIVIL TERM 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, IRENE D BEERS 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 DMDC does not possess any information indicating that the below individual is in the military service: IRENE D BEERS 422 N ENOtA DRIVE #A ENOIA, PA 17025 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. §4904 relating to unsworn falsification to authorities. Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jan-07-2011 12:50:54 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency Based on the information you have furnished, the DMDC does not possess BEERS IRENE D 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). y6t 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.html. 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 1/7/2011 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:MCMQ7H9SHI https://www.dmdc.osd.mil/appj/scra/popreport.do 1/7/2011