HomeMy WebLinkAbout14-0433 Supreme Coavt „of Pennsylvania
f
Court -bf Com`on Pleas
y. a _,,) \ For Prothonotary Use Only: 11%41:, STAMP
Civlil�CoVek -eet Docket No:
CUMBE — oun
tY
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by late or rules of court.
Commencement of Action:
E ® Complaint C] Writ of Summons C3 Petition
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiffs Name: Lead Defendant's Name:
T PORTFOLIO RECOVERY ASSOCIATES, LLC PATRICK W SWEENEY
1
O Are money damages requested? ®Yes ❑ No Dollar Amount Requested: X within arbitration limits
N (Check one) outside arbitration limits
A Is this a Class Action Suit? []Yes ®No Is this an MDJ Appeal? ❑ Yes ®No
Name of Plaintiff /Appellant's Attorney: Robert N. Polas, Jr./ Carrie Brown/ Mark R. Garvey
❑ Check here if you have no attorney (are a Self- Represented lPro Sel Litigant)
I
Nature of the Case Place an "X” to the left of the ONE case category that most accurately describes your
I PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
i ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections
❑ Nuisance ® Debt Collection: Other
❑ Dept. of Transportation
i ❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not include
mass tort) —
Bi ❑Employment Dispute:
❑ Slander /Libel /Defamation Discrimination ❑ Zoning Board —`
C ❑ Other: ❑ Employment Dispute: Other ❑ Other:
T -- - - - -- - -- - -_
I ❑ Other:
Q MASS TORT
N ❑ Asbestos
❑ Tobacco
❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS
B ❑ Toxic Tort - Implant ❑Ejectment ❑ Common Law /Statutory Arbitration
❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Other: ❑ Ground Rent ❑ Mandamus
f ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations
f – ❑ Mortgage Foreclosure: Residential Restraining Order
j -- ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
❑ Partition ❑ Replevin
PROFESSIONAL LIABILITY
❑ Quiet Title ❑Other:
❑ Dental ❑ Other:
❑Legal - - -- — -- - -- - -- - - � - - --
❑ Medical
` ❑ Other Professional:
- - - -- — 14 -52878
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055 �
Mark R. Garvey, Esquire PA Bar # 312686 Tf�+.
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
TELE: 1- 866 - 428 -8102 L
Attorneys or Plaintiff '(� l r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
NORFO 2 502 No. �. y 2 l V(
Plaintiff, J
V.
PATRICK W SWEENEY
104 TIPTOP CIR
CARLISLE PA 17015
Defendant.
NOTICE
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, 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 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
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249 -3166
14 -52878
a `` •• ,, w N s'o3 ��
A
0 0 u iuAQ
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
Robert�N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055
Mark R. Garvey, Esquire PA Bar # 312686
Portfolio Recovery Associates, LLC
120 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
120 CORPORATE BLVD
NORFOLK, VA 23502
Demandante, No.
V.
PATRICK W SWEENEY
104 TIPTOP CIR
CARLISLE PA 17015
Demandado.
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 esta 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 UN HONORARIO REDUCIDO O GRATIS.
Lawyer Referral Service - CUMBERLAND County Bar Association
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249 -3166
14 -52878
Esta cornunicacion es de un cobrador de deudas y es un .intent do cobrar una deuda.
Cualquier infroinacion sera utilizada para ese proposito.
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055
Mark R. Garvey, Esquire PA Bar # 312686
Portfolio Recovery Associates, LLC
120 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
120 CORPORATE BLVD
NORFOLK, VA 23502
Plaintiff, No.
V.
PATRICK W SWEENEY
104 TIPTOP CIR
CARLISLE PA 17015
Defendant.
COMPLAINT
1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with
offices located at 120 Corporate Blvd, Norfolk, VA 23502.
2. Defendant, PATRICK W SWEENEY, is an adult individual with last known address of 104
TIPTOP CIR, CARLISLE PA 17015.
3. It is averred that Defendant was indebted to / CITIBANK, N.A. on August 30, 2009 with account
number * * * * * * * * * ** *7165 (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 cominunication is from a debt collector and is an attempt to collect a debt.
Any inforin.ation. obtained will be used 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 30, 2011.
8. Plaintiff is the purchaser, assignee and/or successor in interest / CITIBANK, N.A. and Plaintiff is
now the holder of the Account. A true and correct copy of the Plaintiffs Bill of Sale 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
$2,091.24.
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, PATRICK W SWaae iBrown, REsquire,# , plus costs of this
action and any other relief as the Court deems just
5
Robert N. Po las, Jr., Esquire, # 201259
Mark R. Garvey, Esquire, # 312686
Attorneys for Plaintiff
14 -52878
This cornmum.cation is from a'debt collector and is an attempt to collect a debt.
Any infonnnation. obtained will be used for that purpose.
VERIFICATION
The undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
Michael La Douceur 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 unsworn falsification to authorities.
Date: ,IAN O 8 2 014 By: Michael La Douceur
A r e e
Custodian of Records
14 -52878
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
XHIBI 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
__. .. 120 Corporate Blvd
Norfolk, VA 23502
Telephone: 1- 866 - 428 -8102
Fax: (757) 518 -0860
Statement of Account
Account: * * * * * * * * * ** * 7165
PATRICK W SWEENEY
Account Holder:
PATRICK W SWEENEY
104 TIPTOP CIR
CARLISLE PA 17015
Consumer Account Product Code: PVT
Issuer: / CITIBANK, N.A.
Assignee: Portfolio Recovery Associates, LLC
Account Number: * * * * * * * * * ** *7165
Date Account Opened: August 30, 2009
Date of Last Payment: September 30, 2011
Date of Charge Off: November 16, 2011
Balance at Purchase: $2,091.24
Purchase Date: May 29, 2013
Balance at Charge -Off: $2,091.24
Less Payments: $.00
Balance Due: $2,091.24
14 -52878
CITS49
'This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
BELL OF SALE AND ASSIGNMENT
THIS BILL. OF SALE AND ASSIGNMENT, dated May 29, 2013, is by Citibank, N.A., a
national banking association. organized under the laws of the United States, located at 701 East.
60th Street North, Sioux Falls, SD 57117 (the "Bank ") to Portfolio Recovery Associates, LLC
( "Buyer "), organized under the laws of the Delaware, with its headquarters /principal place of
business at 130 Corporate Boulevard, Norfolk, VA 23502.
For value received and subject to the terms and conditions of the Purchase and Sale Agreement
dated May 23, 2013, between Buyer and the Bank (the "Agreement "), the Bank does hereby
transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's
successors and assigns, the Accounts described in Exhibit 1 and the final electronic file..
Citibank, N.A.
By:'
(Signature)
Name: Patricia Hall
Title: Financial Account Manager
ERA 452313
EXHIBIT 1
ASSET SCHEDULE:
The individuafi Accounts .. . transferred . . are described in the .final electronic file and delivered by the
Bank to Boyer, the same deemed attached hereto by this reference.
# of Sale Cut-Off
Lot Sale ID Accounts Sale Balance Rate Date
RPL Post +
05/17/13
Secondary
Prism
Post- + 0517.8113
Prima
PICA 052313 ....:.:. .
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson "
c J �z° r
Sheriff
g, ct ;irt,vey4)�
Jody S Smith 11
Chief Deputy
Richard W Stewart CUMBERLAND COUNTY
Y
Solicitor s : F PENNSYLVANIA
Portfolio Recovery Associates, LLC Case Number
vs. 2014-433
Patrick W Sweeney
SHERIFF'S RETURN OF SERVICE
01/31/2014 06:40 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Complaint&
Notice by handing a true copy to a person representing themselves to be Jennifer Sweeney, spouse,
who accepted as"Adult Person in Charge"for Patrick W Sweeney at 104 Tip Top Circle, Lower
Frankford, Carlisle, PA 17015.
VALERIE WEARY, DEPUTY
SHERIFF COST: $34.78 SO ANSWERS,
February 05, 2014 RONNY 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
v.
PATRICK W SWEENEY
104 TIPTOP CIR
CARLISLE PA 17015
Date:
No. 14-433 CIVIL
PRAECIPE FOR DEFAULT
Defendant JUDGMENT
/,4//0
14-52878
Filed on Behalf,of Plaintiff
Couns - of .' ecord for this Party
ert N. Polas, Jr., Esquire, # 201259
Carrie A Brown, Esquire, # 94055
Mark R Garvey, Esquire, # 312686
Gregory J. Babcock, Esquire, #205061
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T) 1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
GAvk svt,
EL (1)fn0---
T_.4vr,__1(socra
This communication is from a debt collector is an attempt to collect a deb v30 \..1 l.Q)\il
6.0
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
v.
PATRICK W SWEENEY
104 TIPTOP CIR
CARLISLE PA 17015
Defendant
No. 14-433 CIVIL
PRAECIPE FOR DEFAULT JUDGMENT
Please enter Judgment in Favor of Plaintiff and against Defendant, PATRICK W SWEENEY, for
failure to answer the Complaint.
(X) Amount Due $1,791.24
Less Credits $.00
TOTAL $1,791.24
(X)
(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.
Pursuant to PARC.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 PAR C.P.231.1, I certify that a written notice of intention to file this
praecipe was mailed or delivered to the p. against whom judgment is to be entered
and to his/her attorney of record, if an , after.he default occurred an . t ten days
prior to the date of the filing of this .rae �s and a copy of th� 1 j ached."Oyf
14-52878
obert N. Polas, Jr., Esquire, # 201259
Carrie A Brown, Esquire, # 94055
Mark R Garvey, Esquire, # 312686
Gregory J. Babcock, Esquire, #205061
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T) 1-866-428-8102
(F) (757) 518-0860
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 — LA W
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD
NORFOLK, VA 23502
V.
PATRICK W SWEENEY
104 TIPTOP CIR
CARLISLE PA 17015
Plaintiff No. i4-433 CIVIL
- Defendant
TO: PATRICK W SWEENEY
104 TIPTOP CIR
CARLISLE PA 17015
DATE OF NOTICE: November 21, 2014
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, AJUDGMENT 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. .
14-52878
Lawyer Referral Service - CUMBERLAND County Bar Association
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Robert N. Polas, Jr., Esq. / Carrie A Brown, Esq.
Mark R. Garvey, Esq. / Gregory J. Babcock, Esq.
Attorney ID #201259/94055/312686/205061
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
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. 14-433 CIVIL
v.
PATRICK W SWEENEY
104 TIPTOP CIR
CARLISLE PA 17015
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
104 TIPTOP CIR
CARLISLE PA 17015
and is not in the military service of the United. States or its Allies, or otherwise within the pr
the Service Members Civil Relief Act and its Amendments.
14-52878
isions
of
obert N. Polas, Jr., Esquire, #201259
Carrie A Brown, Esquire, #94055
Mark R. Garvey, Esquire, #312686
Gregory J. Babcock, Esquire, #205061
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T) (866) 428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
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
Status Report
Pursuant to Servicemembers Civil Relief Act
Last Name: SWEENEY
First Name: PATRICK
Middle Name: W
Active Duty Status As Of: Dec -08-2014
Results as of : Dec -08-2014 02:31:12 PM
SCRA 3.0
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 theActive Duty Status Date
Left Active Duty Within 367 D s of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
: .-. NA
• No
NA
This response reflects where'ihe 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 Cat -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 notifiration'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.
Y�.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
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/PCO9SLDR.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 Duly 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: BOVDWA9691D5QF0