HomeMy WebLinkAbout12-0909Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie A. Brown, Esquire PA Bar # 94055
Portfolio Recovery Associates, LLC FILED-OFFICE
140 Corporate Blvd. THE PROTHONOTA ;lf
Norfolk, VA 23502
TELE: 1-866-428-8102 20!'Z FEB 13 AM 11: 35
FAX: 757-518-0860
Attorneys for Plaintiff C1JMQFRLAun cpiluTy
PENNSYLVAhlIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY
140 Corporate Blvd.
Norfolk, VA 23502
V.
BECKY DECHENE
356 SAWMILL RD
NEWVILLE PA 17241
ASSOCIATES, LLC
Plaintiff
Defendant
NOTICE
No. ao (d- 9C)l ?lUto
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
Carlisle, PA 17013
(717) 249-3166
Pennsylvania Lawyer Referral Service
(800) 692-7375
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
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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.
BECKY DECHENE
356 SAWMILL RD
NEWVILLE PA 17241
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 elate 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
1'Lis communication. is from a debt collector acid is an attempt to collect a debt.
Ane' infionnation obtained will be tiled fbr that. 1?urpose.
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.
BECKY DECHENE
356 SAWMILL RD
NEWVILLE PA 17241
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 BECKY DECHENE, is an adult individual with last known address of 356 SAWMILL
RD, NEWVILLE PA 17241.
3. It is averred that Defendant was indebted to GE MONEY BANK, F.S.B. / WAL-MART on
September 29, 2000 with account number ************5073 (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.
5. At all relevant times material hereto, Defendant has used said Account for the purchase of
products, goods and/or for obtaining services.
This communication is from a debt collector a:nd is an attempt to collect a debt.
Any information obtained will be Lised for that purpose.
6. 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.
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 June 30, 2009.
8. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK, F.S.B. /
WAL-MART and Plaintiff is now the holder of the Account. A true and correct copy of the
affidavit is attached hereto and collectivelymarked as Exhibit "A."
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
$1,235.20.
10. Despite reasonable and repeated demands for payment. Defendant has refused and continues to refuse
to pay all sums due and owing on the aforemenioned 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 ofPlaintiff
and against Defendant, BECKY DECHENE, in the amount of $1,235.20, plus costs of this action and any
other relief as the Court deems just and reasonable. WP
Robert N. Polas Jr., Esquire # 201259
Carrie A. Brown, Esquire # 94055
11-37938
1'hi i commun.ication is from a debt collector ad is an attempt to collect a debt.
Any infionnation obtained. will be Used for that purpose.
VERIFICATION
The undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
Tanya Hollenbeck
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 unworn falsificationto au
Date : 41 1 By
J
11-37938
This communication is from a debt collector and is an a
Any information obtained will be used for that purpose.
EXHIBIT A
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Boulevard
Norfolk, Virginia 23502
Telephone: 1-866-428-8102
Fax: 1-757-518-0860
Statement of Account
Account: ************5073
BECKY DECHENE
Account Holder:
BECKY DECHENE
356 SAWMILL RD
NEWVILLE PA 17241
Consumer Account Product Code: PVT
Issuer: GE MONEY BANK, F.S.B. / WAL-MART
Assignee: Portfolio Recovery Associates, LLC
Account Number: ************5073
Date Account Opened: September 29, 2000
Date of Last Payment: June 30, 2009
Date of Charge Off: February 3, 2010
Balance at Purchase: $1,235.20
Purchase Date: March 31, 2011
Balance at Charge-Off: $1,235.20
Less Payments: $.00
Balance Due: $1,235.20
11-37938
GECK76
This communication is from a 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.
Tanya Hollenbeck
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 GE MONEY BANK, F.S.B. /
WAL-MART ("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 March 31, 2011. 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 BECKY DECHENE ("Debtor') to the
Account Seller the sum of $1,235.20 with the respect to account number (************5073), as of February 3, 2010
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 $1,235.20 as due and owing as of the date of
this affidavit.
Portfolio Recovery Associates, LLC
\x- I
By: n Hollenbeck_, Custodian of Records
IAN 2 4 2012
Subscribed sworn to before me on o , 2012
11-37938
i.. -.? Cfif stt phcr Doves . .
C ummx iltk A'\ irgilim
This communication is from a deb collector and is an attempt to collect a debt.
Anv nij.orrnation obtained will be used for that purpose.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson f ' L J`lp:
Sheriff t+?Q?'ftr^
Jody S Smith 2012 FEB 23?{ g;
Chief Deputy
coljlqT?,
Richard W Stewart CUMBERLAND
Solicitor PENNSYLVANIA
Portfolio Recovery Associates, LLC
vs. Case Number
.
Becky Dechene 2012-909
SHERIFF'S RETURN OF SERVICE
02/1412012 09:38 AM - Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on
February 14, 2012 at 0938 hours, she served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Becky Dechene, by making known unto David Morrison, adult in charge at
356 Sawmill Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $40.00
February 15, 2012
Qj Ly?
ELIZAB TH MULLER, DEPUTY
SO ANSWERS,
RbNNAY R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC =
140 Corporate Boulevard
Norfolk, VA 23502 '.' r ==
Plaintiff No
2012-909 CIVIL -
.
BECKY DECHENE " - s c=a-
356SAWMILLRD ? CDC-)
NEWVILLE PA 17241 PRAECIPE FOR DEFAULT y. y
Defendant
JUDGMENT
? =r
-'
Filed on B alf of Plaintiff
Counse f r cord for this Pal'?Y ?
? i
Date:
8
Robert N. Polas, Jr., Esquire # 201259 _
Carrie A. Brown, Esquire, #94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA 23502
(T) 1-866-428-8102
(F) 757-518-0806
Attorneys for Plaintiff
Q?? '% I6.S6Pd a
(j)cg IS79& 7 cV
109ss f
This communication is from a debt collector is an attempt to collect a clebt.
Any information obtained will he used for that pi11110se. P a-7 '38iq
Aki, t %//i; ,A,
IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Boulevard
Norfolk, VA 23502
Plaintiff No. 2012-909 CIVIL
V.
BECKY DECHENE
356 SAWMILL RD
NEWVILLE PA 17241
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
Please enter Judgment in Favor of Plaintiff and against Defendant, BECKY DECHENE , for failure to
answer the Complaint.
(X) Amount Due $1,235.20
Less Credits $.00
TOTAL $1,235.20
(X) 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.
(X) Pursuant to PA.R.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.
(X) Pursuant to Pa.R.C.P.231.1, I certify that a written notice of intention to file this praecipe was
mailed or delivered to the party against whom judgment is to be entere d to his/her Attorney of
record, if any, after the default occurred and at leas n days prior to a ate of the filing of this
praecipe and a copy of the notice is attached.
Date:
Robert N. Polas, Jr., squire # 201259/
Carrie A. Brown, Esquire, #94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA 23502
(T) 1-866-428-8102
(F) 757-518-0806
Attorneys for Plaintiff
This communication is fi-om a debt collector is all attempt to collect a dcbt.
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
140 Corporate Boulevard
Norfolk, VA 23502
Plaintiff No. 2012-909 CIVIL
V.
BECKY DECHENE
356 SAWMILL RD
NEWVILLE PA 17241
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 $1,235.20, plus interest, on.
(X) A copy of all documents filed with the Prothonotary in support of within l
By:
If you have any questions regarding this Notice, please con t t e filing party.
Date:
Robert N. Polas, Jr., Esquire # 201259 /
Carrie A. Brown, Esquire, #94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA 23502
(T) 1-866-428-8102
(F) 757-518-0806
Attorneys for Plaintiff
This communication is from a debt collector is ao attempt to collet ii clcht.
Any information obtained will he used f'or that pu11)0sC.
PORTFOLIO RECOVERY ASSOCIATES, LLC
Litigation Department
140 Corporate Boulevard Norfolk, VA 23502
Telephone: (866) 428-8102 Fax: (757) 518-0860
Hours of Operation: Monday through Friday 8 AM to 9 PM (EST)
March 7, 2012
BECKY DECHENE
356 SAWMILL RD
NEWVILLE PA 17241
11-37938
RE: PORTFOLIO RECOVERY ASSOCIATES, LLC
VS. BECKY DECHENE
2012-909 CIVIL
Dear BECKY DECHENE:
Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania
Rules of Civil Procedure.
Sincerely,
Robert N. Polas, Jr., Esquire
Carrie A. Brown, Esquire
Attorney IN 201259/94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA
Attorneys for Plaintiff
Dim
This communication is from a debt collectbr is an attempt to collect a debt.
Any nfonnation obtained will be used for that purpose.
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. 2012-909 CIVIL
V.
BECKY DECHENE
356 SAWMILL RD
NEWVILLE PA 17241
Defendant
TO: BECKY DECHENE
356 SAWMILL RD
NEWVILLE PA 17241
DATE OF NOTICE: March 7, 2012
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. 1F 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.
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
Robert N. Polas, Jr., Esquire
Came A. Brown, Esquire
Attorney ID # 201259/94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, Va 23502
Attorneys for Plaintiff
This communication is from a debt collector is an altempt to collect a debt.
Any information obtained %Nill be used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATE, LLC
140 Corporate Blvd.
Norfolk, VA 23502
Plaintiff No. 2012-909 CIVIL
V.
BECKY DECHENE
356 SAWMILL RD
NEWVILLE PA 17241
Defendant
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
356 SAWMILL RD
NEWVILLE PA 17241
and is not in the military service of the United States or its Allies, or otherwise within the provisions of
the Service Members Civil Relief Act and its Amendments.
Date:
11-37938
Robert N. Polas, Jr., Esquire, #201259
Carrie A. Brown, Esquire, #94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA 23502
(T) 1-866-428-8102
(F) 757-518-0860
Attorneys for Plaintiff
T.111s c01111ntunication is a debt collector and is an attempt to collect bi dclit.
Anv int6nilation obtained will he used ft,r that purpose.
Department of Defense Manpower Data Center Mar-19-2012 14:55:48
Military Status Report 11-37938
Pursuant to the Service Members Civil Relief Act
W«
-Last First/Middle Begin Date Active Duty Status Active Duty End Date Service
Name Agency
DECHENE BECKY Based on the information you have furnished, the DMDC does not possess 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).
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://wwvv.defenselink.mil/faq/pisPC09SLDR.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 itwas within the preceding 367 days.
For historical information, please contactthe Service SCRA points-of-contact.
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:V2109DBP3S
Department of Defense Manpower Data Center Mar-19-2012 14:52:54
H "a' Military Status Report 11-18709
W-1 Pursuant to the Service Members Civil Relief Act
-< Last FirstiMiddle Begin Date Active Duty Status Active Duty End Date Service
Name Agency
DIANE RUSS Based on the information you have furnished, the DMDC does not possess 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).
ott
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?l/www.defenselink.mil/fag/pis/PCOgSLDR.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.
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:VL237M0119