HomeMy WebLinkAbout12-0916Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie A. 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
FILED-OFFICE
CF THE PRAOTHONOTARY
7012 FES 13 AM 11: 43
CUMBERLAND COUNTY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Blvd.
Norfolk, VA 23502
Plaintiff
V.
RODNEY L MULLEN
171 COUNTRY VIEW EST
NEWVILLLE PA 17241
Defendant
NOTICE
No.
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
W 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.
RODNEY L MULLEN
171 COUNTRY VIEW EST
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 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
J iris communication is from a'debt collector and is an attempt to collect a debt.
An}- infbnnation 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: 1-866-428-8102
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.
RODNEY L MULLEN
171 COUNTRY VIEW EST
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 RODNEY L MULLEN, is an adult individual with last known address of 171
COUNTRY VIEW EST, NEWVILLE PA 17241.
It is averred that Defendant was indebted to CAPITAL ONE BANK, N.A. on May 25, 2006 with
account number ************1955 (hereafter referred to as "Account"). A copy of the account
history is attached here to and collectivelymarked 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.
1 Iiic communication is from a debt collector wid is an attempt to collect ;j debt.
Any inf )rination obtained- will be t3Sed 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.
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 September 15, 2010.
8. Plaintiff is the purchaser, assignee and/or successor in interest CAPITAL ONE BANK, N.A. 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."
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
$1,653.07.
I O.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, RODNEY L MULLEN, in the amount of $1,653.07, plus costs of this action and any
other relief as the Court deems just and reasonable.
Robert N. Polas Jr., Esquire # 201259
Carrie A. Brown, Esquire # 94055
11-37472
Tbis communication is from a debt collector and is an attempt to collect a debt.
Any information obtained. will be Used for that hurp6se.
VERIFICATION
The undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
Tanya Holleubeck 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 unswom falsifrcationto authorities.
Date :
By.
tHollenhwk
Cu to ' of Records
11-37472
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
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: ************1955
RODNEY L MULLEN
Account Holder:
RODNEY L MULLEN
171 COUNTRY VIEW EST
NEWVILLE PA 17241
Consumer Account Product Code: VISA
Issuer: CAPITAL ONE BANK, N.A.
Assignee: Portfolio Recovery Associates, LLC
Account Number: ************1955
Date Account Opened: May 25, 2006
Date of Last Payment: September 15, 2010
Date of Charge Off: April 20, 2011
Balance at Purchase: $1,666.99
Purchase Date: May 16, 2011
Balance at Charge-Off: $1,653.07
Less Payments: $.00
Balance Due: $1,653.07
11-37472
CAPL 10
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.
I, the undersigned, Tanya HOllenbeck , Custodian of Records, for Portfolio Recovery Associates, LLC hereby
depose, affirm and state as follows:
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 CAPITAL ONE BANK, N.A.
("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 May 16, 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 settlemert,
satisfactions 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 RODNEY L MULLEN ("Debtor') to the
Account Seller the sum of $1,653.07 with the respect to account number (************1955), as of April 20, 2011 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 $1,653.07 as due and owing as of the date of
this affidavit.
Portfolio Recovery Associates, LLC
By: 0 , Custodian of Reco
JAN 2 4 2012
Subscribed anqs.N?orn to before me on of , 2012
Notary Public
6
11-37472 "'?`''la ?3 cos
This communication is from a debt collector and is an attempt to collect a debt.
Anti information obtained.,-\vill be used for that purpose.
Capitaft, NA.
15000 Capital One Drive
Bank Richmond, VA 23238
Exhibit 1 to
Forward Flow Receivable Sale Agreement dated June 30x`, 2010
BILL OF SALE
Closing Date: May 16tb, 2011
Capital One Bank (USA), NatiotW Association ("Seller"), in consideration of a Purchase
Price of and other vela conadergtion, the receipt of which is hereby
acknowledged, hereby sells, assign and transfims all right, title and interest in the Accounts
identified in the Sale File entild-ed 20110511.PS33CP.SLDFLEI.TXT (which may be in
electronic form) to Portfolio Recovery Associates, LLC ("Buyer"), without recourse or
representation except as , ly provided herein or on the terms, and subject to the conditions,
set forth in the Agreement (as defined below).
This Bill of Sak is delivered pursuant to that certain Forward Flow Receivable Sale
Agreement, dated as of June 3e, 2010, by and between Seller and Buyer (the "Agreement"). All
capitalized terns used, but not defined, in this Bill of We shall have the meanings assigned to
such terms in the Agreement.
The Cutoff Date for the Sale File was May I Vh, 2011. The aggregate Unpaid Balance of
the Accounts as of the Cutoff Date was
CAPITAL ONE BANK (USA),
NATIONAL ASSOCIATION
By:
Name: nathan Stalls
Title: SVP
CAFL 10
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Sgt\Yt11' at L,EIlf1GCh(jt? 2012 [ f Ei.1 23 HI-) +.'? 4")
P ?j p ?,$ ¢
CUMBERLAND OOUNIT?
n r PE:41 NSYLVi' HIA
Portfolio Recovery Associates, LLC
Case Number
vs.
Rodney L. Mullen 2012-916
SHERIFF'S RETURN OF SERVICE
02/1412012 09:57 AM - Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on
February 14, 2012 at 0957 hours, she served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Rodney L. Mullen, by making known unto himself personally, at 171
Country View Estates, 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
ELI BETH MULLER, DEPUTY
SO ANSWERS, RON 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 i ` _ :
,
Plaintiff No. 2012-916 CIVIL .
--?-
RODNEY L MULLEN
171 COUNTRY VIEW EST
t-'
NEWVILLE PA 17241 PRAECIPE FOR DEFAULT
Defendant JUDGMENT
Filed on Behalf of Plaintiff
C sel of record for 's Party
1 Z_
Date:
Robert N. Polas, Jr., Esquire # 2012'
Carrie A. Brown, Esquire, #94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA 23502
(T) 1-866428-8102
(F) 757-518-0806
Attorneys for Plaintiff
ao %I4- SO 00 0 y
Ck-A 15-7qb?
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This communication is from a debt collector is an attc11'apt to collect a dcbt.
Any infOrmation o4at?linCCl -Will be LIS01 f.'61• that 11LUTO1sC.
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. 2012-916 CIVIL
V.
RODNEY L MULLEN
171 COUNTRY VIEW EST
NEWVILLE PA 17241
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
Please enter Judgment in Favor of Plaintiff and against Defendant, RODNEY L MULLEN , for failure to
answer the Complaint.
(X) Amount Due $1,653.07
Less Credits $.00
TOTAL $1,653.07
(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 entered and to his/her Attorney of
record, if any, after the default occurred and at leasFl-
Robert rior to the dat the filing of this
praecipe and a copy of the notice is attached.
Date: ?
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 frotn a debt collector is all attempt to collect a debt.
Any information obtained will he used for that put3xase.
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. 2012-916 CIVIL
V.
RODNEY L MULLEN
171 COUNTRY VIEW EST
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 $1,653.07, plus interest, on .
(X) A copy of all documents filed with the Prothonotary in support of thin j e re attache
By. I ??
a
If you have any questions regarding this Notice, please contact t ling party.
Date: 4?/w
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 coznntunication is from a debt collector is an attempt to collect a debt.
Any information obtained will be used fot- that purpose.
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
RODNEY L MULLEN
171 COUNTRY VIEW EST
NEWVILLE PA 17241
11-37472
RE: PORTFOLIO RECOVERY ASSOCIATES, LLC
VS. RODNEY L MULLEN
2012-916 CIVIL
Dear RODNEY L MULLEN:
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
Came A. Brown, Esquire
Attorney ID# 201259/94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA
Attorneys for Plaintiff
9
This communication is from a deht collector is an attempt to collect a debt,
Any infonnation 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. 2012-916 CIVIL
V.
RODNEY L MULLEN
171 COUNTRY VIEW EST
NEWVILLE PA 17241
Defendant
TO: RODNEY L MULLEN
171 COUNTRY VIEW EST
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. 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.
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
U PCeCk? -)(-
Robert N. Polas, Jr., Esquire
Carrie 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 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 ASSOCIATE, LLC
140 Corporate Blvd.
Norfolk, VA 23502
Plaintiff No. 2012-916 CIVIL
V.
RODNEY L MULLEN
171 COUNTRY VIEW EST
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
171 COUNTRY VIEW EST
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.
11 ?
v
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) 757-518-0860
Attorneys for Plaintiff
11-37472
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 Mar-19-2012 14:55:44
.Military Status Report 11-37472
Pursuant to the Service Members Civil Relief Act
Last FirstiMiddle Begin Date Active Duty Status Active Duty End Date Service
Name Agency
MULLEN RODNE`( L 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?/A rwyd defenselink millfagpis/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.
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 bythe
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.
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