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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
WHITNEY A MCALPINE
Defendant
No : 10 - l2 ? R1
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
08695245 C A Pit CXC
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS. Civil Action No
WHITNEY A MCALPINE
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:
WHITNEY A MCALPINE
71 W MAIN ST
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX0400 .
4. Defendant made use of said credit card and has a current balance
due of $1385.50 , as of September 03, 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 September 03, 2010 . 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 , WHITNEY A MCALPINE individually , in the amount
of $1385.50 with interest at the rate of 28.990% per annum from
September 03, 2010 plus attorneys' fees of $125.00 , and costs.
Jam s . Warmbrodt,42524
WEL , WEINBERG & REIS CO., L.P.A.
43 seventh Avenue, Suite 1400
Pi is urgh, PA 15219
( 2 434-7955
F • f412-338-7130
0 5245 C A Pit CXC
This law firm is a debt collector attempting to collect this debt for
our client and any information obtained will be used for that purpose.
DISCOVER New Balance Minimum Payment Due
$0.00 S304.00
Payment Due Date
September 26, 2010
31 SDSN6A010006582
WHITNEY MCALPINE
71 W MAIN ST
MECHANICSBURG PA 170SS-6262
Address, e-mail or telephone changel
Go to www.Diseover earn or prird change in space above.
Account Number ending in 0400
Enter Amount Enclosed Below
?L
Go paperlcss end make your account
information more secure with password-
atatenlaMs only you can access.
earn more at discoveeeomfpaperiess.
PO BOX 6103 Illrrr??rarrr?Isrrrl?rllsrl
CAROL STREAM IL 60197-6103
It1Irrllutoll llldrnlrrr6llnrrrlIII nrrdldluurlllrlrrll
000001986452463152537000000000000000030400
- - -- -- - ---- - -------------- -
1,ipaunng um: August J, 2U I U - (losing Dab:
Discover More Card Account Summary
Account number ending in 0400
Previous Balance $1,385.50
Payments And Credits 1,385.50
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Inter" Charged + 0.00
Fees Charged + 0.00
New Balance 0.00
See Interest Charge Calculation section following
transactions for detailed APR information
Credit line $1,000.00
Credit Lini Avaifabfi - - - -' - - - -30.00-
Cash Advance Credit Line $500.00
Cash Advance Credit Line Available $0.00
Ca 1 BOnuse
Anniversary Month
April
Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus This Period + 0.00
Cashback Boras eaiarr, $ 0.00
To learn more, log in at www.Dteeover.cam
91 M7A
Payment Information
New Balance $0.00
Minimum Payment Due $304.00
Payment Due Date September 26, 2010
Lars Paynowd WsrrrirW. IF we do not receive yaw minimum
payment by the date listed above, you may have to pay a late
fee of up to $35.00 and your purchase and balance transfer
APRs for new transactions may be increased up to the Penalty
APR of 29.99% variable.
Manap Your Account Online at www.D6cavw.com
• Securely ocean statements and free online tools, pay bills
online and track and view all transactions simply and easily
• Make your money worth moresm -find easy ways to earn
- and-redeern eosh-rswads -- - - - - - - - - - - - - - - - - ---
• NEWT Access your account securely through your
mobile phone
3 Easy Ways to Contact Us
1. Access your account securely at www.Disceves Avm
2. Call 1.8004MCOVER (1-800.347.2683)
Please have your Discover* card available
3. Write to us at Discover PO Box 30943,
Salt Lake City, UT 841 r30
For TDD (Telecommunications Device for the Deal)
assistance, please call 1-800.347-7449.
Transactions
Trans. Pod
Dab
Payments and Credits Aug 31 Aug 31 INTERNAL CHARGE-OFF $ .1,385.50
Fees TOTAL FEES FOR THIS PERIOD $ 0.00
- MenestChargsd - - - - - - - -- TOTAL-WAREST-FOtA#S PER11 0. - - - - - - - - - - - - - -- -5 - - - 0,00-------
2010 Totals Year-to-Date
TOTAL FEES CHARGED IN 2010 $ 273.00
TOTAL INTEREST CHARGED IN 2010 198.05
NUMAKharge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on yaw account.
rg days RAhU IAPM MADE IIJ?ESSTT RATE ECT TO
Currant Bit'rPeriod: 29 d INTEREST CHARGE
Purclaas 28.99% $0 $0
Cash Advances 2899% $0 $0
V - Variable Rate
Additional bnportarrt blarrratien
Important Information. r (here is man thon one page to this 611ing &%*mwnt, we the hack ar each page for a"Katal important inhwnwaNon
Continued on reverse side DISCOVER
- 1
See your Ca dmember Agn eemenl. Your Cardnember Agreement contains all the terms of your Account
Lod or dobn cards. Report immediablyl Call 1400.147-2683.
When To be N yw ibM You Find A AYagtke On Your Sa/esn«N
If you think there is an error on your siomment, write to us at Discover, PO Box 30421, Sob Lake City, UT 84130-0421
In your leeer, give w the following information.
Account informaliasc Your name and account number
Dollar amount: The dollar amount of the suspected error
• Description d Problem: N you Think dare is on error on your bill, desordbe whatyou believe is wrong and why you believe b is a mistake
You must contact u within 60 days aft the error appeared on our statement!
You must no* us of any potential errors in wnhng. You may call us, but N you do we are not required to investigrsb ary potential errors and you may how b
pay the amount in question
While we investigate whether or not there has been on error, the following are true
We cannot try to collect the amount in question, or reload you as delinquent on died amours
The charge in uestion may remain on your slahrned, and" may continue to charge you Interest an Nat anouni But, N we dommi1ns Aar we mode o
mistake, you will not have to pay the amount in questbn or my mo mesn a other loss related b That amount
While you do not have to pay for amount in question, you are responsible for de remainder of your balance
We can apply any unpaid amount against you credit limb
Year Rights M You Are DiunNeNd Wf1h Yew Cr & Card Po rdrases
N you am dissahdied with the goods a services Nat you have purchased with your ends card, and you have tried in good lath to correct the
problem with the merchant, you may have des right not to pay the remaining amount due on the purchase
To use this right, all of the Fallowing must be hue
I The purchase must have been mods in your hone tote a w" 100 miles of your current mailing address, and the purchase price must have
been more than S50 (Note Nether of dace are necessary d you purchase was based on an advertisement we m-1 b you , a N we even
the company that 2. You must ban used yYou thit goods services
your- purchosa Purchases Dods with cash advances from as ATM or with a check that accesses your
creels card account do not qualty -
3 You must not yet have fully paid for the purchase
N all of Ne criteria above are met and you are still dissatisfied with tie purchase, contact us in writing at Discover, PO Boa 30945,
Salt Lake City, UT 841300945
While we investigate, five same rules apply to the disputed amount as discussed above After we finish our Investigation, we wR el you our
decision. At that point, N we think you owe on amount and you do not pay we may report you as delinquent
Payments Send only your payment and the top portion of Its statement in the envelope provided Do not send cash By send your check as described
above, you outhorim us to use k4ormadon on yaw check to make an electronic fund translor ham your account at the financ ' Indicated on yaw
check or to process the payment as a check transaction N payment Is processed as an electronic hind transfer, the transfer will be for" amount of tie check
When we use Information from your check to make an electronic fund kansla, funds may be w'Ihdrawn loom yaw account 03 soon as the same day we receive
your payment and you will not receive your check back from your financial Inak don.
The proc.san9 of your payment may be delayed I you send cash, correspondence or other hems with yaw payment. N send the payment to any oiler
address or if you use an antelope odw than the ore provided Payments received fin prform of
ow esstn8 facNNy by SPM lord tome on any day vw11
be credted to your Account as of N at day Paymsnta received at our processing facNily dla SPM local Nine will be endBed to your Account as of de nett
day N you hew misplaced your envelops, send your payment to Discover, Po x 6103, Carol Strew, IL 60197-6103. Please allow 7.10 days for delivery
N your payment a ratiensd unpaid, we reserve Ne right to resubmit it as an electronic disks
You can pay your minimum payment or a greater amount over to telephone and you can set up automatic poymenh Cot us at 1406347.2683 You will
need this statement and your book account information You must wwm that sons finds are avoRable in your bank account, and of transactions must
comply wide U S. law You will be asked to provide the grit 5 digits of your account statement ZAP code By entering those numbers as your electronic
signature, you will be afire" b this adherimlon to allow m and your bark to deduct each payment you authorize ham your bank amour, and to trs om
debita creels entries to your bw* amwK as applicable, to carrel on error in de proceuing of with paynrnom You must Isll us the amount of each parseed
or you can select an amount such as the Minimum Payment Due a the New Balance on each statement You can cancel a payment; however we must receive
notice atleastthree bushes days in advance of Ae whedulod payment You may notNy m by phone at 1$00347.2683 or by mad at the address listed In the
previous paagroph 11 yore paymentsvary in amour, we wail tell you on each monthly sm moors when your payment will be made and how much A will be
stow oubmatic payment amount may be less than irhdkated on de monthly statement based on credos or poymenh applied duxing the billing cycle
Credit Reporting. We may repot information about your Account b credit bureaus. Late payments, mused payments, or other defaults on your Account
may be regscbd in yaw credit report We normally report the stake and payment history alyaw Account to oreeW re ageacies each north N Plea
be" tat our report b inaccurate or tncarplels, us at the following address. Discover, PO Box 15316, Win DE 19850}5316. se
iodicala your.rnms, address, bame.telophoos award vvnte Accounlnumber_
Paying IMered: We begin to impose merest Charges on all transactions from tike Transaction Dale for the transactors shown an your bdlir.rgg. sicesnow . .
unless a transaction is posted to our Account after the close of Ae Ming period in which it occurs, in which core war oso le to impose interest elarges an Nat
transaction from the gin day of "y billing period in which it is posted to your Account We continue to impose Interest Charges until the date you pay your
entire New Balance shown on your bi8ng setement by making payments or receiving credits N you paid the New Baloace on your previous ItBing statement
by the lsaymest Due Dote shown on dot lolling statement, we will not Impose, Interest Charges an new purchases, due Is, purchases firm appealg an the
curroM ter 'rg staemsne, a anry portion of a new purchase, paid by the Pbymne Due Date on your current billing statarrend We call dts The' period ' It
h not loss than 25 days Thee is no grace period on balance transfers or cash advances. As more fully decreed in to section of your Cardmlow
Agreement tilled "How We Apply Paymenb,• we generally apply =1 b oouuxr Account based on On APR applicable to the balance of each tra .Non
category This menu then N do not pay that New Balance on 6lllhg statement by the Payment Due Date shown on that killing statement, Ann,
depending on the amount ofyour payment and the APRs on other balances, you may not get a grace period on new purchases.
Mininsuree Intend Charge. We will charge you a minimum Interest Charge of 2 50 For any billing period in which Interest Charges of low den 11.50
would otherwise be imposed
Annual Fee. N your Account has on annual fee, b will be billed at the begirming of each annivonary yea yaw Account h open The amount al this fee
appears an to statement when de foe is billed The annual fee is not refundable unless you no* es that you wish to close your Account within 30 days of Ne
mailing or delivery date of the stoemenl on which "fee is billed You will receive this refuel even N you use your Cad during that period
Now We Calculate Intered Charges - Doily Balance Method (including eurrerd hamadioyn): We figure Interest Charges for each bMlg
period To do this
We eokulote your Interest Charges separoely for each baksace wb(sct b dNFensnt terms (Fa example, standard purchases, standard cash
odvoaces and each purchase, balance transfer ad cash odvenee balance wb(act b promdtaol terms) We valor b dose baksnces as
Ironsaction categories.
We kgure Ae'tatty balance' For each transaction category To fiat de'daly baksacs' sus bloc the bsgimtng kiehnce for such day, add any
maw transactions and fees and arty Merest Charges accrued on Ifie Pwvious toy i daily balance We Aem subtract any credits and paymeky and
make odhe odluustinenb (iaciudhng those adjushnsrts rogtired m Ne section tilled Paying mteresl') M cdcubtirg the daily balance fa Ne first
day al de Milting period, war consider de •pevious day's duly balance' b law ben yaw bakmce on de last toy of your Fir... bilfng
Pxniod Thu gives us Nun daily balance For each hansaclbn Category
• We figure Ae Interest Charges on your Account by mu4tiplyirg de daily baloace For each
in kiRnn tromsactian category by its doily periodic rate, for each
_, _ -day the g period
The total Interest Charges For" billing period are the sum of the daily Interest Charges for each transaction category for each day duri t"
billing period
When we calculate daily boksnces, we add a new transaction as of tie Transaction Date shown on billing setemert, unsu the transaction is posted to
r Account after de close al de bilkng period in which s occurs, in which case this transaction will 6s added b Ae dady balanceas of Ne first day of de
g period In which it is peed to yaw Account AN fees charged to your Account am added to the standard rchase transaction category with the
exception of Cash Advance Fees which are added to Ne applicable cosh advance transaction category and Balance Tra ilm Furs which are added to to
applicable balance transfer transaction conegay.
F rty Fee: 2% of de U S dollar amount of each purchase mode in a lomign currency
Penc*y APRs: Each $me you fail to make a payment when due, we may, in accordance with applicable low, (h ermiate de availability of any
introductory/promdta al APRs on new transactions, and (5) Increase your APRs Par now transactions to variable Penalty APRs which will be determined by adding
up b an aadddditsbbml 5 percemage points b to otherwise applicable APR Your Penalty APR is deermineel based on your creditworthiness and other factors such
as your turret APRs, and you account history N your APRs for new Iransactions are increased for a late payment, the Penalty APRs will apply indefinitely
en
09
D
X
N
For TDD (Tele esenmunlcaHgn Device for the Dead) assfdanee, please cal 1-800-347-7449.
Discover may monbor and/or record elephone caNs be wom you and Discover reprssemadws for quality assurance purposes
The Discover(III) card is Issued by Discover Barry Member FDIC OITBK172
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to
unsworn falsifications to authorities, that she is Natasha Szczygiel
(Name)
Account Manager of DFS Services LLC , plaintiff herein, that
(Title) (Company)
she 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 her knowledge, information and belief.
WWR# 8695245
Whitney A. Mcalpine
6011006645160400
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
H PRON NOTARY
Jody S Smith
Chief Deputy
?'µ : ?2DlQ DEC -2 Pm 3.4 6
Richard W Stewart
li
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NTY
PENNSYLVANIA
Discover Bank Case Number
vs. 2010-6789
Whitney A. McAlpine
SHERIFF'S RETURN OF SERVICE
11/23/2010 08:55 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November
23, 2010 at 2055 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Whitney A. McAlpine, by making known unto herself personally, at 534 2nd Street,
Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her
personally the said true and correct copy of the same.
DENNI RY, DEPU
SHERIFF COST: $42.40
November 29, 2010
SO ANSWERS,
RON r R ANDERSON, SHERIFF
(c Gou,*Suite ShetifP Ieieoso;t Inc
HE FILED -OFFICE
OF T ARY
201f .+ ..' 07
MS ;- .iTY
DISCOVER BANK
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff No: 10-6789
VS.
WHITNEY A MCALPINE
PRAECIPE FOR DEFAULT JUDGMENT
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: 412-338-71.30
08695245 C A Pit DFO
Judgment Amount. $1645.43
Mf&iGa ao
qctal 3 -7 5 (/$
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
VS.
WHITNEY A MCALPINE
TO THE PROTHONTARY:
Civil Action No. 10-6789
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant WHITNEY A MCALPINE above
named, in the default of an Answer, in the amount: of $1645.43 computed as
follows:
Amount claimed in Complaint
Less payments / adjustments made
Interest on the remaining principal
$1385.50 from September 03, 2010
the interest rate of 28.990
Attorney's fees
TOTAL
$1385.50
$0.00
balance of
to January 04, 2011
per annum $134.93
$125.00
$1645.43
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.
08695245/ CIA Pit DFO
Plaintiff's address is:
c/o WELTMAN, WEINBERG & REIS CO., L.P.A0fdant 436 Seventh Avenue, Suite 1400 Pittsbur15219
And that the last known address of the is
WHITNEY A MCALPINE
534 2ND ST
CARLISLE, PA 17013
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
Case No. 10-6789
VS.
WHITNEY A MCALPINE
Defendant
IMPORTANT NOTICE
TO:
WHITNEY A MCALPINE
534 2ND ST
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, WEINBERG & REIS CO., L.P.A.
By:
Matth w 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
8695245 A PIT H4N
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
vs. Civil Action No. 10-6789
WHITNEY A MCALPINE
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 , WHITNEY A MCALPINE is not in 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:
WHITNEY A MCALPINE
534 2ND ST
CARLISLE, PA 17013
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. Section
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 12:53:36
C Last
N First/Middle Begin Date Active Duty Status Active Duty End Date Service
ame Agency
MCALPINE WHITNEY Based on the information you have furnished, the DMDC does not possess
A 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).
14 11
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.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/scrWpopreport.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:9G61FTU5QQ
https://www.dmdc.osd.mil/appj/scra/popreport.do 1/7/2011