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HomeMy WebLinkAbout11-8407:Q,M AON)NEALTH OF PENNSYLVANIA I G L/-- ? COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of CUMBERLAND FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 1- 'fO7 e ?V l NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. LVNV FUNDING, LLC 109-3-05 HONORABLE MARK MARTIN ADDRESS OF APPELLANT CITY STATE ZIP CODE 15 S. MAIN ST GREENVILLE SC 29601 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 10/11/11 LVNV FUNDING, LLC JOAN CAVE DOCKET No. SIGNAT E APPELLA ATTORN AGE CV-235-11 /? 11 This block will be signed ONLY when this notation is required and a. If appellant w aimant (see Pa. R.C.P.D.J. o. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Ma isterial District Judge, A COMPL INT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R. C. P. D. J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) (Common Pleas No. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To Name of appellee(s) , appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 *UL IMSE RL AND COUNT 064 s qos da ?Q????d e * of LD iobLe r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-3-05 MDJ Name: Honorable Mark Martin Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 717-766-4575 Michael Ratchford, Esq. 120 North Keyser Avenue Scranton, PA 18504 Disposition Summary Docket No MJ-09305-CV-0000235-2011 P i i Defendant LVNV Funding LLC Joanne Cave yj? Notice of Judgment/Transcript Civil Case LVNV Funding LLC V. Joanne Cave Docket No: MJ-09305-CV-0000235-2011 Case Filed: 7/11/2011 Disposition Disposition Date Judgment for Defendant 10/11/2011 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 10-n-i0 Date Magisterial District Judge Mark Martin a certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge Mark Martin MDJS 315 Page 1 of 2 Printed: 10/1112011 1:57:52PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC 15 South Main Street Greenville, SC 29601 CIVIL ACTION _ .11 f f l?n(., COUNTY ';'- ' SYLVANIA Plaintiff : vs. rro: ??- ?qD-7 Joanne Cave 500 GENEVA DR MECHANICSBURG PA 17055 Defendant 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 to Defend 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 ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC 15 South Main Street CIVIL ACTION Greenville, SC 29601 Plaintiff VS. NO: Joanne Cave 500 GENEVA DR MECHANICSBURG PA 17055 Defendant COMPLAINT Plaintiff, LVNV Funding LLC, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, LVNV Funding LLC, (hereinafter "Plaintiff") is a Delaware corporation with a principal place of business located at 15 South Main Street Greenville, SC 29601. 2. The Defendant Joanne Cave (hereinafter "Defendant") is an adult individual residing at 500 GENEVA DR MECHANICSBURG PA 17055. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by GE Capital with the account number ending in 0033. 5. The within account was sold by GE Capital to LVNV Funding LLC for valuable consideration and all rights under said accounts were assigned to LVNV Funding LLC. 6. Use of the GE Capital credit card was subject to the terms and conditions of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent along to the Defendant with the credit card. A copy of this document has been requested from GE Capital, and will be provided upon receipt. 7. Defendant used the GE Capital credit card with account number ending in 0033, for purchases, cash advances and/or balance transfers. Use of the card in this manner constituted acceptance of the terms and conditions and subjects the Defendant to the terms and conditions contained therein. 8. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card. 9. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 10. The Defendant last made payment on March 31, 2008. 11. The principal amount was $$2,250.28 at the time of charge-off. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the contract rate of 20%. 13. The principal amount was $2,250.28 at the time it was received by Plaintiff. 14. The total amount due and owing the Plaintiff including interest, is $3,667.09. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $3,667.09 plus costs of suit and any other relief as the Court deems just and appropriate. Edwin A. Abrahamsen &. Michael F. Ratchford, Esq Attorney I.D. Nos.: 8628 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law. com Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff,LVNV FUNDING LLC, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. T1 101143 VERIFICATION I, Tobie Griffin, hereby verify that: I am employed by Resurgent Capital Services master servicer for LVNV Funding LLC with full authority to make this Verification on behalf of LVNV Funding LLC. LVNV Funding LLC is the successor in interest to GE Capital. 2. For Account # 6044100360390033 I reviewed the following: ® Computerized Documents ? Hard Copy Documents; and ? Other: Business System of Records 3. The foregoing account was opened on 7/23/1998 in the name of Joanne Cave. The documents that I reviewed were produced by GE Capital, AMERICAN EAGLE OUTFITTERS. 4. Based on my review of the foregoing documents, at the time of the sale and assignment of the said account by GE Capital, there was due and owing the purchased balance of $2,250.28 and counsel has incorporated the facts by reference in the foregoing Complaint in Civil Action. The language in the Complaint is that of counsel and not of Plaintiff so to the extent that the contents of the Complaint are that of counsel, Plaintiff has relied upon counsel in making this verification. 5. Based on my review of the foregoing documents, there are no payments that have not been credited and the debtor named in paragraph 3 above has not asserted any counterclaims or setoffs. 6. The facts set forth in this Verification are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties for making an unsworn falsification to authorities in violation of 18 Pa. C.S. § 4904. Authorized Representative DATE: May 11, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC vs. Joanne Cave : CIVIL ACTION Plaintiff NO: 11-8407-CIVIL Defendant CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on November 12, 2011 the below named Defendant received and signed for the certified mail containing the Plaintiff's Notice of Appeal of the District Justice Judgment and Complaint. Joanne Cave 500 GENEVA DR MECHANICSBURG PA 17055 Edwin A. Abrahamsen & Associates, P.C. Michel F"Ratclliford', Bsquire Attorney I.D. No.: 86285 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 c a rnm z-, tZ!) ??- N ::0 -<> .? r-D .- S' r a CD Ca y--, ?C N -CD -t _r } ¦ Complete items 1, 2, and 3. Also complete A. Siva le ' ' item 4 if Restricted Delivery is desired. X ? Agent ¦ Print your name and address on the reverse ? Addressee so that we can return the card to you. B. R eived by (Printed Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from /'Be 1. Article Addressed to: If YES, enter delivery address b0 ?q2 JOANNE CAVE 111 500 GENEVA DR MECHANICSBURG, PA ] 7055 3. Service Type Zf$', certified Mail ? express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article (Transfer from m service label) 7010 1870 0002 4704 6865 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC CIVIL ACTION Plaintiff VS. Joanne Cave NO: 11-8407-CIVIL Defendant CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on November 10, 2011 the below named District Justice received and signed for the certified mail containing the Plaintiff's Notice of Appeal of the District Justice Judgment. District Court 09-3-05 Honorable Mark Martin District Justice 507 N. York St. Barclay Bldg. Mechanicsburg, PA 17055 Edwin A. Abrahamsen & Associates, P.C. Michael F. Ratchford, Esquire Attorney I.D. No.: 86285 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 C") c = rn o z = rn z r •c r -Orr, N ;U X91 r--2 -"4O S -n ° = C:) -n =cr oC DC tV -? co ¦ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. X ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. D. 1. Article Addressed to: DISTRICT COURT 09-3-05 507N. YORK ST G PA 17055 l PrAgent r l (I?finte(;?'ame) f, C. Date of Delivery A,Lj Is del +y address di erent from YeE If YES, enter delivery address h No W, iap"Y" { Y ijl9ln"" 1 l MECHANICSBUR 3. Service Type'-_- $CertNW Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. i'a 1 4. Restricted Delivery? (Extra Fee) ? yes 2. Article Number (Transfer from service labeq 7 010 1870 0002 4704 6858 PS Form 3811, February 2004 Domestic Return Receipt 1025955-02-M-1540 ; OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY DAVID D. BUELL PROTHONOTARY Date November 28, 2011 TO: Joanne Cave We are returning the enclosed transaction(s) for the following reason(s) : • Incorrect fee received $ should be $ . • Need signature • Must provide duplicate copies of the proposed judgment, decree or order and stamped envelopes addressed to the said persons and/or attorneys for notification. Please note: This notification is not a substitute for service of process. Other reasons Please follow proper legal procedure, to file to this case number. Please feel free to contact us with any questions. Thank You I D. Buell notary Ourthouse Square 1100 Oe, PA 17013 66- SNDI HF#aV 6~ 02 1A $ Q0•640 0004631598 NOV 29 2011 MMED FROM ZIPCODE 17013 _ d Cave k? Qc-" X - Qa 500 Geneva Dr. ,'? x a> ' Mechanicsbu- PA 17(1.riS o 17? ? >- t NIXXE 176 D8 1 00 3.^2/07151 RETURN TO SENDER INSUFFICIENT ADDRESS UNAMI-E TO FORWARD ' - BC: 17013339402 *0219-00815-29-42 ? `? Z??? ?3??'4 (,,,}}}„•}}}n„>>}},>}},,,}},,,}}?}:},,,}„}?,}„},1,,,,,11 IN THE COURT OF COMMON PLEAt. gtG--0 ? ?C4 CUMBERLAND COUNTY, PENNSY?,'f fflffA OT ?,01,, 0 TAR," LVNV FUNDING LLC M2 FEB 27 AM 11: 14 CIVIL DIVISI Plaintiff f;UMBERLAND COUNTY PENNSYLVANIA vs. Joanne Cave 500 GENEVA DR : NO: 11-8407-CIVIL MECHANICSBURG PA 17055 Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE CLERK OF JUDICIAL RECORDS: Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the amount of $3,667.09. Notice of the intent to file a default judgment was served upon the Defendant on December 27, 2011. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit ".A." JUDGMENT AND NOW, this day of QUId 20/1, Judgment is hereby entered in favor of the Plaintiff LVNV FUNDING LLC and against the Defendant, Joanne Cave in the amount of $3,667.09 for failure to respond to Plaintiff's Complaint. ?. PROTHONOTARY J J. - 'k awl ,? ??? 5-5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC Plaintiff VS. Joanne Cave 500 GENEVA DR MECHANICSBURG PA 17055 Defendant CIVIL DIVISION NO: 11-8407-CIVIL CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: Joanne Cave 500 GENEVA DR MECHANICSBURG PA 17055 Date: February 24, 2012 Edwin A. Abrahamsen & Associates, P.C. Mi F. a chford, Esquire Attorney I.D. No.: 86285 120 N. Keyser Avenue Scranton, PA 18504 (570) 558-5510 LVNV FUNDING LLC VS. In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division Joanne Cave 500 GENEVA DR MECHANICSBURG PA 17055 NO: 11-8407-CIVIL Defendant NOTICE OF FILING JUDGMENT Notice is hereby given that a money judgment in the above-captioned matter has been entered against you in the amount of $ 3 64 7. 01 on r 6. 4 21, _)411 A. If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 120 N. Keyser Avenue Scranton, PA 18504 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236) LVNV FUNDING LLC Plaintiff In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division vs. Joanne Cave 500 GENEVA DR MECHANICSBURG PA 17055 Defendant State of Pennsylvania County of CUMBERLAND SS: NO: 11-8407-CIVIL AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): Joanne Cave is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): Joanne Cave is(are) older than eighteen years of age; That the employment status of the defendant(s): Joanne Cave is(are) unknown. Subscribed before me thi day ofn2 __ Notary P is Mt Q PRINSYLVANIA C()MM0^1VHf8L7 Nc a-?al'seal l?yanr? rrz ?, mou xyf Nbllc City tad "rrai it r9 .acic?t jaurr COWIly/ ??y +ru i * r xpir ?s MY 20 5 EDWIN A. ABRAHAMSEN MICHAEL F. RATCHFORD KEVIN). CUMMINGS NINA MENICHEW 11 THE LAW OFFICE OF EDWIN a. .kERk1L-kh SRN C a?COCUTHS.PC WWW.EAA•LAW.COM December 27, 2011 Joanne Cave 500 GENEVA DR MECHANICSBURG PA 17055 Re: LVNV FUNDINC LLC v. Joanne Cave CUMBERLAND County Civil Action No..11-8407-CIVIL Our file No.: T1101143/R.114 Dear Joanne Cave: Enclosed please find the 1'en Day Notice of Intent to Take Default in regard to the above- noted matter. Please act accordingly. If you have any questions or wish to discuss your outstanding account, please contact me at (570) 558-5510. Edwin A. Abrahamsen & Associates, Kevi . Cummings, Esquire Enclosure This is a communication from a debt collector in an attempt to collect a debt. Any information will be used for that purpose. 120 N KEYSER AYE SCRANTON, PA 18504 (P) 510.558.5510 (F) 570.558.5511 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC Plaintiff CIVIL ACTION vs. Joanne Cave NO: 11-8407-CIVIL Defendant TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: Joanne Cave 500 GENEVA DR MECHANICSBURG PA 17055 Date of Notice: December 27, 2011 IMPORTANT NOTICE PURSUANTTO PA.R.C.P. 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN APPEARANCE PERSONALLY OR BY AN 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 TELL-PHONE 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_ MIDPENN LEGAL SERVICES 401 EAST LOUT14ER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC CIVIL ACTION Plaintiff vs. Joanne Cave NO: 11-8407-CIVIL Defendant CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on December 27, 2011 1 served a copy of the Ten Day Notice of Intent to Take Default in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: Joanne Cave 500 GENEVA DR MECHANICSBURG PA 17055 Edwin A. Abrahamsen & Associates. I'.C. BY: ?--' Michael F. hford, Esquire Attorney I.D. No.: 86285 Kevin J. Cummings, Esquire Attorney I.D. No.: 209660 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 Request 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-23-2012 07:16:13 Last First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency Name Based on the information you have furnished, the DMDC does not possess CAVE /JOANNE 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). Atut 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 htti)://www.defenselink.mil/fag/r)is/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.dnidc.osd.mil/appj/scra/popreport.do 2/23/2012 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 (NOAH 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:5J740DIALQ https://www.dmdc.osd.mil/appj/scra/popreport.do 2/23/2012