HomeMy WebLinkAbout12-6468Robert 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
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.
HEATHER FORD
112 SALT RD
ENOLA PA 17025
Defendant
NOTICE
~~ ~ ~t~l
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 wihing 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 HIRI: A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUC>=;D 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 ~2 -~
~~ J
~~f#oZlq`1~~4~
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose. of ay 4 S'-S
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA 23502
"YELP;: l -866-428-8102
FAX: 757-518-0860
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P:A
CIVIL ACTION - I.AW
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Blvd. :
Norfolk, VA 23502 ;
Plaintiff No.
v.
HEATHER FORD
112 SALT RD
ENOLA PA 17025
Defendant
NOTICIA
LISTED 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 mportante para
usted.
LISTED DEBE LLEVAR ESTE PAPI;L A SU ABOGADO ENSGUIDA. SI LISTED 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
1NFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL, A PERSONAS
ELGIBLE AQ tJN 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"z~' 111-C}r.. ,.,, ~ - ~~, lI'e~l i 1_~(3...,
Robert N. Polas, Jr., Esquire PA Bar # 201259
Came 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
CNIL ACTION -LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Blvd.
Norfolk, VA 23502
Plaintiff No.
v.
HEATHER FORD
112 SALT RD
ENOLA PA 17025
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 HEATHER FORD, is an adult individual with last known address of 112 SALT RD,
ENOLA PA 17025.
3. It is averred that Defendant was indebted to HSBC BANK NEVADA N.A. /UNION TRUST on
September 8, 2006 with account number ************g967 (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. .~~t al] relevant times material hereto, Defendant has used said Account for the purchase of
products, goods and/or for obtaining services.
,. .
~,
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 February 16, 2010.
8. Plaintiff is the purchaser, assignee; andlor successor in interest HSBC BANK NEVADA N.A. /
UNION TRUST' and Plaintiff is now the holder of the Account. A true and. correct copy of the
affidavit is attached hereto and collectively marked as Exhibit "A."
9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's
Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum of
$2,572.14.
10. Despite reasonable and repeated demands for payment. Defendant has refused and continues to
refuse to pay all sums due and owing on the aforementioned Account, all to the damage and
detriment of the Plaintiff.
11. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration.
WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of
Plaintiff and against Defendant, HEATHER FORD, in the amount of $2,572.14, plus costs of this action and
~, ,,.-
any other relief as the Court deems just and reasonable,,. ,~'' ~~ ~ ~,r
`1'`.. 1 `'' t
Robert N. Polas Jr., Esquire # 201259
Carrie A. Brown, Esquire # 94055
11-59936
VERIFICATION
The undersigned Custodian of :Records for Portfolio Recovery Associates, LLC,
Ricky L ~,~aughan
_____ 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 lc~lowledge, information, and belief. based upon information
provided by the Plaintiff.
The undersigned understands that false statements herein are made subject to the penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Date : _ MAY 2 3 2012 By: _ _
Ricky i_. Vaught _____
Custodian of Records
11-59936
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: ************$967
HEATHER FORD
Account Holder:
HEATHER FORD
112 SALT RD
ENOLA PA 17025
Consumer Account. Product Code: MC
Issuer: HSBC BANK NEVADA N.A. /UNION TRUST
Assignee: Portfolio Recovery Associates, LLC
Account Number: ************g967
Date Account Opened: September 8, 2006
Date of Last Payment: February 16, 2010
Date of Charge Off: October 30, 2010
Balance at Purchase: $2,572.14
Purchase Date: April 25, 2011
Balance at Charge-Off: $2 572.14
Less Payments: $.00
Balance Due: $2,572.14
11-59936
HSBK92
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, Ricky L. Vaughan _, 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 HSBC BANK
NEVADA N.A. /UNION TRUST ("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 April 25, 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 HEATHER FORD ("Debtor") to
the Account Seller the sum of $2,572.14 with the respect to account number (************g967), as of October 30,
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 $2,572.14 as due and owing as of the date
of this affidavit.
Portfolio Recovery Associates, LLC
~~
By: - R~ ~Y L=Vaughan ,Custodian of Records
Subscribed and sworn to before me on
Notary Public
'~.
1 l -59936
o:e MAY~2o12
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Dinnn~ r. L..rBay
Comoro rr~ealih of Viryiriia
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• •
ASSIGNMENT AND BILL OF SALE
HSBC Receivables Acquisition Company I ,HSBC Receivables
Acquisition Corporation (USA) III, and HSBC Receivables Acquisition
Corporation (USA) IV (hereinafter collectively called "Seller") has entered into a
Purchase and Sale Agreement as of February 7, 2011 ("Agreement") for the sale
of Secondary Charged Off Receivables described in Paragraph 1 thereof to
Portfolio Recovery Associates, LLC, (hereinafter called °Purchaseri'), upon the
terms and conditions set forth in that Agreement.
NOW THEREFORE, for good and valuable consideration, Seller hereby
sells, assigns, and transfers to Purchaser, its successors and assigns, all of
Seller's rights, title, and interest in each and every one of the Secondary Charged
Off Receivables described in the Agreement and in Exhibit A attached hereto.
Purchaser and Seller agree that the Purchase Price shall be as stated in
Paragraph 3 of the Agreement.
IN WITNESS WHEREOF, Seller has signed and delivered this instrument
on the 18~' day of April 2011.
HSBC Receivables Acquisition
Company I, HSBC Receivables
Acquisition Corporation (USA) III, and
HSBC Receivables Acquisition
Corporation (USA) tV
Signed By:
By: Paul StanborouQh
Title: Senior Vice President
*~ N5BK92
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Portfolio Recovery Associates, LLC
vs.
Heather Ford
t~ :.
'~~'~ J~-
~i 4 I,a,~ ~ ~ r~~
,. ' F,~ ~ .~ ,r:
.,
Case Number
2 012-6468
SHERIFF'S RETURN OF SERVICE
10/26/2012 06:55 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 26,
2012 at 1855 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Heather Ford, by making known unto herself personalty, at 112 Salt Road, Enola,
Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the
said true and correct copy of the sarrre.
~'~_~
OAH CLINE, DEPUTY
SHERIFF COST: $43.(70
November 01.2012
SO ANSWERS,
,r,..~ '~' ~'
! ~ ~'' /
RONf~1Y R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION -LAW
PORTFOLIO RECOVERY ASSOCIATES,LLC •
120 CORPORATE BLVD •
NORFOLK, VA 23502 •
Plaintiff •
No. 2012-6468
V.
HEATHER FORD • ç. .rnk
112 SALT RD • ‘c,
•
ENOLA PA 17025 •
PRAECIPE FOR DEFAULT cf-tr-A -1•‘
c•-•)
Defendant •
JUDGMENT •
C.n
• -g
•
r.2C;
• -7 C, ('
Filed on Behalf of Plaintiff
C of record for this Party
I .
Date: 3
Robert N. Polas, Jr. Esquire,#201259
Carrie A. Brown,Esquire, #94055
Mark R. Garvey, Esquire,#312686
Portfolio Recovery Associates,LLC
120 Corporate Blvd
Norfolk,VA 23502
(T) 1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
11-59936
atik SI le 3 6* a
06ti- 3%296
Z1-1-- °11 ?sle
1\164)c'e /1U/11
This communication is from a debt collector is an attempt to collect a debt.
Any information obtained will be used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION -LAW
•
PORTFOLIO RECOVERY ASSOCIATES,LLC
•
120 CORPORATE BLVD
NORFOLK, VA 23502
Plaintiff No. 2012-6468
•
v.
•
HEATHER FORD
•
112 SALT RD
•
ENOLA PA 17025
•
Defendant
•
PRAECIPE FOR DEFAULT JUDGMENT
Please enter Judgment in Favor of Plaintiff and against Defendant,HEATHER FORD ,for failure to
answer the Complaint.
(X) Amount Due $2,572.14
Less Credits $.00
TOTAL $2,572.14
(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 least ten .. prior to the .- - o the filing of this
praecipe and a copy of the notice is attached.
,-
Robert N. Polas, Jr., Esq•ire, #201259
Carrie A. Brown,Esquire, #94055
Mark R. Garvey,Esquire,# 312686
Portfolio Recovery Associates,LLC
120 Corporate Blvd
Norfolk,VA 23502
(T) 1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
11-59936
This communication is from a debt collector is an attempt to collect a debt.
Any information obtained will be used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION -LAW
PORTFOLIO RECOVERY ASSOCIATES,LLC •
120 CORPORATE BLVD
NORFOLK,VA 23502 .•
Plaintiff No. 2012-6468
v. •
HEATHER FORD .•
112 SALT RD •
ENOLA PA 17025 .
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$2,572.14.
(X)A copy of all documents filed with the Prothonotary in support of the thin ju t t .ent ' r - attached. 1.
By' �1I
If you have any questions regarding this Notice,please contact the • I arty. '\ \l3
air
Robert N. Polas, Jr., Esquire,#201259
Carrie A. Brown, Esquire, #94055
Mark R. Garvey, Esquire,# 312686
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T) 1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
11-59936
This communication is from a debt collector is an attempt to collect a debt.
Any information obtained will be used for that purpose.
PORTFOLIO RECOVERY ASSOCIATES, LLC
Litigation Department
120 Corporate Blvd Norfolk, VA 23502
Telephone: 1-866-428-8102 Fax: (757) 518-0860
Hours of Operation: Monday through Thursday 8 AM to 11 PM, Friday 8 AM to 9 PM,
Saturday 8 AM to 5 PM, Sunday 12 PM to 11 PM (EST)
October 16,2013
HEATHER FORD
112 SALT RD
ENOLA PA 17025
RE: PORTFOLIO RECOVERY ASSOCIATES, LLC
VS. HEATHER FORD
2012-6468
Dear HEATHER FORD:
Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania
Rules of Civil Procedure.
Sincerely,
Re,
Robert N. Polas,Jr.,Esquire
Carrie A. Brown, Esquire
Mark R. Garvey,Esquire
Attorney ID #201259/94055/312686
Portfolio Recovery Associates,LLC
120 Corporate Blvd
Norfolk, VA 23502
Attorneys for Plaintiff
11-59936
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA
CIVIL ACTION—LAW
PORTFOLIO RECOVERY ASSOCIATES,LLC
•
120 CORPORATE BLVD
NORFOLK,VA 23502
Plaintiff No. 2012-6468
v.
•
HEATHER FORD
•
112 SALT RD
•
ENOLA PA 17025
•
Defendant
TO: HEATHER FORD
112 SALT RD
ENOLA PA 17025
DATE OF NOTICE: October 16,2013
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
Cumberland County Bar Association
32 South Bedford Street
Carlisle,PA 17013
(717)249-3166
\‘ ‘.c_t7.s&,
Robert N. Polas,Jr., Esquire
Came A.Brown, Esquire
Mark R. Garvey,Esquire
Attorney ID#201259/94055/312686
Portfolio Recovery Associates,LLC
120 Corporate Blvd
Norfolk,VA 23502
11-59936 Attorneys for Plaintiff
• This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION -LAW
•
PORTFOLIO RECOVERY ASSOCIATES, LLC
•
120 CORPORATE BLVD .
NORFOLK,VA 23502
Plaintiff No. 2012-6468
v. •
•
HEATHER FORD
•
112 SALT RD .
•
ENOLA PA 17025 .
•
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
112 SALT RD
ENOLA PA 17025
and is not in the military service of the United States or its Allies, or otherwise within the provisions of
Af
the Service Members Civil Relief Act and its Amendments.
■ / "
■
Robert N. Polas, Jr., squire,#201259'
Carrie A. Brown,Esquire,#94055
Mark R. Garvey,Esquire,#312686
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T) (866)428-8102
(F) (757) 518-0860
11-59936 Attorneys for Plaintiff
This communication is a debt collector and is an attempt to collect a debt.
Any inf ormation obtained will be used for that purpose.
Results as of:Oct-17-2013 05:01:38
SCRA 3.0
r4
4 Status Report
" Pursuant to Servicem embers Civil Relief Act
Last Name: FORD
First Name: HEATHER
Middle Name:
Active Duty Status As Of: Oct-17-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA ;No NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active.Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Malt hae+....fif;„,„
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
11-59936
' • The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility
Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as
the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the
individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family
member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the
protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c).
This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve
Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1).
Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: 65DFPAE160CDX10