HomeMy WebLinkAbout11-5064Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie A. Brown, Esquire PA Bar # 94055
Portfolio Recovery Associates, LLC r_ z p 1 L E Q- 0 F
140 Corporate Blvd. ' fir ;E PR(,
Norfolk, VA 23502 "'.
TELE: 1-866-428-8102 U { ju"14 20
Q t
FAX: 757-518-0860
Attorneys for Plaintiff C J! M R FI Q I A= ,
YL;V 'A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Blvd.
Norfolk, VA 23502 No ?1 .Sblo? f CI h C,.
Plaintiff
V.
JARLENT PEREZ
32 KEY LARGO DR
CARLISLE PA 17015
Defendant
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the following pages,
you must take action withing twenty (20) days after this Complaint and Notice are served, by entering a
written appearance, personally or by an attorney, an 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 of
any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or
property 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 HELP. 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.
Lawyer Referral Service - CUMBERLAND County Bar Association
Court Administrator
32 South Bedford Street S
Carlisle, PA 17013 -?
(717) 249-3166 w.?6
Pennsylvania Lawyer Referral Service ow
(800) 692-7375 n ',t --J E AI e'
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA 23502
TELE: 1-866428-8102
FAX: 757-518-0860
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Blvd.
Norfolk, VA 23502
Plaintiff No.
V.
JARLENT PEREZ
32 KEY LARGO DR
CARLISLE PA 17015
Defendant
NOTICIA
USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda
puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta
Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y
archivando por escrito con la Corte sus defensas o obejciones a las demandas puestas en esate contra
usted. usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede
ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por
cualquier otro reclamo o alivio solicitado por Demandante. usted puede perder dinero o propiedad o otros
derechos importante para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN
ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA
OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO.
SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A
PERSONAS ELGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
Lawyer Referral Service - CUMBERLAND County Bar Association
Court Administrator
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Pennsylvania Lawyer Referral Service
(800) 692-7375
I his conarnunication is froru a debt collector and is an attempt to collect a cleft.
Any information obtained will he 3ised for that PLtepoSe,
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA 23502
TELE: 1-866-428-8102
FAX: 757-518-0860
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Blvd.
Norfolk, VA 23502
Plaintiff No.
V.
JARLENT PEREZ
32 KEY LARGO DR
CARLISLE PA 17015
Defendant
COMPLAINT
Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with
offices located at 140 Corporate Blvd., Norfolk, VA 23502.
2. Defendant JARLENT PEREZ, is an adult individual with last known address of 32 KEY LARGO
DR, CARLISLE PA 17015.
It is averred that Defendant was indebted to HSBC BANK NEVADA N.A. / AMERITECH on
March 12, 2008 with account number ************4607 (hereafter referred to as "Account"). A
copy of the account history is attached here to and collectively marked as Exhibit "A."
4. By using the Account, Defendant agreed to repay any incurred balances and/or charges made to the
Account pursuant to the terms and conditions governing said Account. Failure to pay Defendant's
incurred charges on the Account is considered a default.
At all relevant times material hereto, Defendant has used said Account for the purchase of
products, goods and/or for obtaining services.
J hi, conunonication is £rorn a debi collet or and is an auempt to collect a debt.
A.ny information obtained will be used X161, that p3tirpose.
Defendant was provided with copies of the Statements of Account showing all debits and credits
for transactions on the aforementioned Account to which there was no bonafide objection by
Defendant.
7. Defendant was in default with respect to that debt for failure to make the required payments on the
Account. The last payment made on this Account was on April 17, 2009.
8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA N.A. /
AMERITECH and Plaintiff is now the holder of the Account. A true and correct copy of the
affidavit is attached hereto and collectively marked as Exhibit "A."
9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's
Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum of
$1,596.26.
10. Despite reasonable and repeated demands for payment. Defendant has refused and continues to refuse
to pay all sums due and owing on the aforementioned Account, all to the damage and detriment of the
Plaintiff.
11. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration.
WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of
Plaintiff and against Defendant, JARLENT PEREZ, in the amount of $1,596.26, plus costs of this action
and any other relief as the Court deems just and reasonab .
Robert N. Polas Jr., Esquire # 201259 -?
Carrie A. Brown, Esquire # 94055
10-77760
?t his conum mication is [Toni a debt collector and is are attempt to collect a debt,
r ny ini'onnation obtained will be Used for that purpose.
VERIFICATION
The undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
Meryl Dreano
hereby states that he/she is authorized to take this verification on behalf of said
Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and
correct to the best of his/her knowledge, information, and belief, based upon information provided by the
Plaintiff.
The undersigned understands that false statements herein are made subject to the penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Date :
10-77760
B
Custo i o (cords
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
EXHIBIT A
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Boulevard
Norfolk, Virginia 23502
Telephone: 1-866-428-8102
Fax: 1-757-518-0860
Statement of Account
Account: ************4607
JARLENT PEREZ
Account Holder:
JARLENT PEREZ
32 KEY LARGO DR
CARLISLE PA 17015
Consumer Account Product Code: MC
Issuer: HSBC BANK NEVADA N.A. / AMERITECH
Assignee: Portfolio Recovery Associates, LLC
Account Number: ************4607
Date Account Opened: March 12, 2008
Date of Last Payment: April 17, 2009
Date of Charge Off: December 31, 2009
Balance at Purchase: $1,596.26
Purchase Date: June 22, 2010
Balance at Charge-Off: $1,596.26
Less Payments: $.00
Balance Due: $1,596.26
10-77760
HSBI46
THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT
A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
AFFIDAVIT
State of Virginia
City of Norfolk ss.
Meryl Dreano
I, the undersigned,
depose, affirm and state as follows:
Custodian of Records, for Portfolio Recovery Associates, LLC hereby
I am competent to testify to the matters contained herein.
2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing
business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and
practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is
based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's
records, including a review of the business records transferred to Account Assignee from HSBC BANK NEVADA N.A. /
AMERITECH ("Account Seller"), which have become a part of and have integrated into Account Assignee's business
records, in the ordinary course of business.
3. According to the business records, which are maintained in the ordinary course of business, the account, and all
proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account
having been sold, assigned and transferred by the Account Seller on June 22, 2010. Further, the Account Assignee has
been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement,
satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest
in said account or the proceeds thereof, for any purpose whatsoever.
4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary
course of business by the Account Assignee, there was due and payable from JARLENT PEREZ ("Debtor") to the
Account Seller the sum of $1,596.26 with the respect to account number (************4607), as of December 31, 2009
with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale.
5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs
occurring subsequent to the date of sale, Account Assignee claims the sum of $1,596.26 as due and owing as of the date of
Subscribed and sworn to before me on(
, 2011
Llt?qvNk
Nbt2CPublic-
10-77760
C ,??o4a ?a
MyCOm SS 0" xAi ?S?'36e 8/8a
14
111i'; Communication is from a debt collector and is an attempt to collect a debt,
Any int£)rnwtioii obtained M11 be tised for that l,tIrl7o e.
BILL OF SALE
HSBC CARD SERVICES (1111) INC. (f/k/a HOUSEHOLD CARD SERVICES INC.)
("Seller'), for value received and pursuant to the terns and conditions of the Receivables
Purchase Agreement ("Agreement") dated October 26, 2009 between Seller and HSBC CARD
SERVICES (1:11) INC. and Portfolio Recovery Associates, LLC, ("Purchaser'l, does hereby sell,
assign and convey to Purchaser, its successor and assigns, all right, title and interest of Seller in
and to those certain Purchased Receivables (as defined in the Agreement) listed on the attached
Exhibit A (Sale File), without recourse and without representation of, or warranty of,
coIlectibility, or otherwise, except to the extent provided for within the Agreement.
EXECUTED this 20 day of June, 2010.
HSBC CAM" SER CES (111) INC.
By:
Z$C-
Name- Susan Solomon
Title: Vice President-Assistant Seeretar?
HSBC B NEVADA N.A.
By: _
Name: Susan Solomon
Title: Senior Vice President
?; 14 S81 44
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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Portfolio Recovery Associates, LLC Case Number
vs. 2011-5064
Jarlent Perez
SHERIFF'S RETURN OF SERVICE
06/21/2011 06:19 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June
21, 2011 at 1819 hours, she served a true copy of the within Complaint and Notice, upon the within namec
defendant, to wit: Jarent Perez, by making known unto himself personally, at 32 Key Largo Drive, Carlisle.
Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the
said true and correct copy of the same.
MICHELLE G HALL, DEPUTY
SHERIFF COST: $34.00
June 22, 2011
c l.o n?tvSjite She,iff Te1Po_at)tt. I, lc,
SO ANSWERS,
RON R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD
NORFOLK, VA 23502
Plaintiff
v.
JARLENT PEREZ
32 KEY LARGO DR
CARLISLE PA 17015
Date (i*v
10-77760
Defendant
No. 11-5064
PRAECIPE FOR DEFAULT
JUDGMENT (-).r".-7 '''''i
.-�
�
es:...:
--{
Filed on : of Plaintiff
' Co - of ecord for this Party
obert N. Polas, Jr., Esquire, # 201259
Carrie A Brown, Esquire, # 94055
Mark R Garvey, Esquire, # 312686
Gregory J. Babcock, Esquire, #205061
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T) 1-866-428-8102
(F) (757)518-0860
Attorneys for Plaintiff
Any information obtained will be used for that purpose.
cmpsito,so ot14-7,
/or)/ 33
4,3)(1)
This communication is from a debt collector is an attempt to collect a deb611
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD
NORFOLK, VA 23502
Plaintiff
v.
JARLENT PEREZ
32 KEY LARGO DR
CARLISLE PA 17015
Defendant
No. 11-5064
PRAECIPE FOR DEFAULT JUDGMENT
Please enter Judgment in Favor of Plaintiff and against Defendant, JARLENT PEREZ, for failure to
answer the Complaint.
(X)
(X)
10-77760
Amount Due
Less Credits
TOTAL
$1,596.26
$0.00
$1,596.26
I certify that the foregoing assessment of damages is for specified amounts alleged to be
due in,the complaint and is calculable as a sum certain from the complaint.
Pursuant to PAR.C.P.237 (Notice for Final Judgment or Decree), I certify that a copy of
this praecipe has been mailed to each other party who appeared in the action or to his/her
attorney of record.
Pursuant to PARC.P.231.1, I certify that a written notice of intention
praecipe was mailed or delivered to the party against whom judgme
and to his/her attorney of record, if any . ' e he default occ
prior to the date of the filing of this aec'.,`. d a cojy o
to file this
to be entered
at least ten days
lied.
Robert N. Polas, Jr., Esquire, # 201259
Carrie A. Brown, Esquire, # 94055
Mark R Garvey, Esquire, # 312686
Gregory J. Babcock, Esquire, #205061
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T) 1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
This communication is from a debt collector is an attempt to collect a debt.
Any information obtained will be used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD
NORFOLK, VA 23502
v.
JARLENT PEREZ
32 KEY LARGO DR
CARLISLE PA 17015
Plaintiff No. 11-5064
Defendant
NOTICE OF JUDGMENT
(X) Notice is hereby given that a judgment in the above -captioned matter has been entered
against you in the amount of $1,596.26.
(X) A copy of all documents filed with the Prothonotary in supp‘of th- , ithin 'p.,» ent is/are
attached.
If you have any questions regarding this Notie
10-77760
obert N. Polas, Jr., Esquire, # 201259
Carrie A Brown, Esquire, # 94055
Mark R Garvey, Esquire, # 312686
Gregory J. Babcock, Esquire, #205061
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T) 1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
This communication is from a debt collector is an attempt to collect a debt.
Any information obtained will be used for that purpose.
PORTFOLIO RECOVERY ASSOCIATES, LLC
Litigation Department
120 Corporate Blvd Norfolk, VA 23502
Telephone: 1-866-428-8102 Fax: (757) 518-0860
Hours of Operation: Monday through Thursday 8 AM to 11 PM, Friday 8 AM to 9 PM,
Saturday 8 AM to 5 PM, Sunday 12 PM to 11 PM (EST)
March 24, 2014
JARLENT PEREZ
32 KEY LARGO DR
CARLISLE PA 17015
RE: PORTFOLIO RECOVERY ASSOCIAI'LS, LLC
VS. JARLENT PEREZ
11-5064
Dear JARLENT PEREZ:
Enclosed herein please find a 10 -Day Notice pursuant to Rule 237.1 of the Pennsylvania
Rules of Civil Procedure.
10-77760
Sincerely,
Robert N. Polas, Jr., Esquire
Carrie A. Brown, Esquire
Mark R. Garvey, Esquire
Attorney.ID #201259/94055/312686
Portfolio Recovery Associates, LLC
120 Corporate Blvd.
Norfolk, VA 23502
Attorneys for Plaintiff
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CML ACTION — LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD
NORFOLK, VA 23502
v.
JARLENT PEREZ
32 KEY LARGO DR
CARLISLE PA 17015
Plaintiff No. 11-5064
Defendant
TO: JARLENT PEREZ
32 KEY LARGO DR
CARLISLE PA 17015
DATE OF NOTICE: March 24, 2014
IMPORTANT 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.
10-77760
Lawyer Referral Service - CUMBERLAND County Bar Association
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Robert N. Polas, Jr., Esquire
Carrie A Brown, Esquire
Mark R. Garvey, Esquire
Attorney ID #201259/94055/312686
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
Attorneys for Plaintiff
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD
NORFOLK, VA 23502
Plaintiff
v.
JARLENT PEREZ
32 KEY LARGO DR
CARLISLE PA 17015
Defendant
No. 11-5064
AFFIRMATION OF NON-MILITARY SERVICE
The undersigned counsel, as attorney for Plaintiff, herein affirms under the penalties of perjury
that I am the attorney for the Plaintiff in the above -captioned matter, and that to the best of my
knowledge, information and belief, the above named Defendant, is over 21 years of age; is last known to
reside at
32 KEY LARGO DR
CARLISLE PA 17015
and is not in the military service of the United States or its Allies, o otherwise within the pr : ons of
the Service Members Civil Relief Act and its Amendments.
10-77760
obert N. Polas, Jr., Esquire, #201259
Carrie A Brown, Esquire, #94055
Mark R Garvey, Esquire, #312686
Gregory J. Babcock, Esquire, #205061
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T) (866) 428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
This communication is a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
Department of Defense Manpower Data Center
Status Report
Pursuant to Servicemembers Civil Relief Act
Last Name: PEREZ
First Name: JARLENT
Middle Name:
Active Duty Status As Of: Nov -04-2014
Results as of : Nov -04-2014 08:47:56 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA
No
NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
- NA
No
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA
No
NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
)4.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
vOU i} 4'3�t st
, The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) 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 Servicemembers 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 only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, 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 the SCRA
extend beyond the last dates of active duty.
Those who could 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 last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: PFABJ51450A3X10
•