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
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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
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1. Article Addressed to: If YES, enter delivery address b0
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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
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so that we can return the card to you.
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or on the front if space permits.
D.
1. Article Addressed to:
DISTRICT COURT 09-3-05
507N. YORK ST
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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
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RETURN TO SENDER
INSUFFICIENT ADDRESS
UNAMI-E TO FORWARD
' - BC: 17013339402 *0219-00815-29-42
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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