IN THE CIRCUIT COURT 0F THE STATE 0F OREGON
`FOR Columbia COUNTY
`Small Claims Department
`
`F'-
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`COLUM:
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`Z'
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`FILED
`0' OF'EGQ"
`{CO
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`m
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`l
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`2022
`
`JUL 25
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`Pn
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`3: 2 I
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`ATLAS FINANCIAL SERVICES
`
`V
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`RICHARD JOHN CHENEY
`
`Plaintiff
`
`Defendant
`
`I
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`r
`I
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`'3 3
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`\HSTI'
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`«1
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`Case No. 228014555
`MOTION FOR DEFl-I'UIEF-JuoeMavI £971
`AND
`DEFENDANT STATUS DECLARATION
`
`Attach Completed Small Claims General Judgment Form
`I, ATLAS FINANCIAL SERVICES, request a defaultjudgment against RICHARD JOHN CHENEY for:
`A money award
`
`1
`
`$766.00
`
`Total judgment award:
`$1,063.19
`
`2
`
`Prejudgment Interest
`
`Costs and Service
`expenses
`Prevailing party fee (ORS
`20.190)
`
`$78.19
`
`$102.00
`
`$117.00
`
`I request the followmg terms in addition to or instead of a money award:
`XXD post judgment interest at the statutory rate (or 9% per year by agreement of the parties (attach copy of
`agreement»
`D other (describe property requested):
`I certify that:
`1. The above-named defendant was properly served with a copy of the claim and failed to pay or deny
`the claim wrthln 14 days;
`and
`2. The person I request judgment against is not a minor, a protected person, a respondent, or
`incapacitated, as these terms are defined in ORS 125.005;
`and
`D is In actIve mIIItary serVIce. A signed waIver is attached (attach signed SCRA waiver) (or)
`XXD is not In actIve mIIItary service* XXEI Certificate of Service or printout from Dept. of Defense webSIte
`attached (or) describe facts that support this statement
`
`D | am unable to determine whether thIs person Is In mIIItary service. Describe reason
`
`I hereby declare that the above statements are true to the best of my knowledge and belief, and that I understand they
`are made for use as evidence in court and I am subject to penalty for perjury.
`Plaintiff, an Oregon corporation in good standing, is duly licensed and is registered under ORS 697.015 and 697.031 and has
`satisfied the bonding requirements of the State of Oregon.
`/S/E|isha Manny
`JuIy 15,2022
`Date
`Signature
`
`Elisha Mannv
`Name (print)
`
`*CertaIn members of the mIIItary may be protected by the SerVIcemembers CIVII ReIIef Act (SCRA) (50 U.S.C. App. 501 to 596). You
`cannot get a default judgment against a member of the military who Is protected by this Iaw unless other legal steps are followed or
`the defendant SIgns awaIver. Talk to a lawyer If you have concerns.
`
`05-89 (11/13) MOTION FOR DEFAULT JUDGMENT AND DEFENDANT STATUS DECLARATION
`
`VerifiedCorrectCopyofOriginal7/26/2022._
`
`

`

`Department of Defense Manpower Data Center
`
`R°S"""S°' "1.22.2022 ""5055 PM
`
`SCRA 5 13
`
`$.33
`
`Status Report
`Pursuant ta Smicemembers Civil ReliefAct
`
`SSNS:
`BirtlSiDate
`Lasta'lame
`First'Name
`u
`Midtiie Name:
`Statijs As Of:
`Certfiicate ID:
`>
`
`XXX—XX—6682
`Aug-XX—1972
`CHENEY
`RICHARD
`JOHN
`Jul—22—2022
`GK31HDX3WD5HQFC
`
`\
`
`(
`
`Service Component
`NA
`
`Service Component
`NA
`
`Service Component
`NA
`
`oh Active Duty On Active Duty Status Date
`Active Duty End Date
`NA'
`NO
`This response reflects Ehs'indlviduals' aétive duty'status based 6n the Active Duty _Sta!us Date
`
`_
`
`1
`
`.
`
`L
`
`Status
`
`Left Active Duty Mthin 367 Days of Actrve Duty Status Date
`Active Duty End Date
`Status
`NA
`No
`Thrs response reflects where the individual lefi actrve duty statusflwrthrn 367 days preceding the Active fiuty Status Date
`
`A
`
`l
`
`n.
`
`.
`
`t
`
`_
`
`1
`
`_
`
`.
`
`.
`
`,
`
`Achve Duty Start Date
`NA
`
`Achve Duty Start Date
`NA
`
`Order NonfiGaUOn Start Date
`
`NA
`
`The Member or H's/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
`Order Notification End Date
`Status
`
`NA
`No
`This response reflects whether tfietndwldual or nlslherunlt hes receiver! early nbtrficatxon 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
`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 informationion a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
`
`Michael V. Sorrento, Director
`Department of Defense - Manpower Data Center
`400 Gigling Rd.
`Seaside, CA 93955
`
`

`

`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. § 3901 et seq, as amended) (SCRA) (formerly known as
`the Soldiers' and Sailors' Civil Rellef Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
`indivigal Is currently on active duty" responses. and has experienced only a small error rate. ln the event the individual referenced above. or any family
`memfir, 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
`protagons of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
`infornfition can be found on the SCRA website's FAQ page (035) via this URL. https/./scradmdc.osd. mil/scra/#/faqs. If you have evidence the person
`was ogactive duty for the active duty status date and you fail to obtain this addItional Service verification, punitive provisions of the SCRA may be invoked
`See 50 USC App. § 3921(0).
`
`againgyou.
`q—
`This r§ponse reflects the following information.
`(1) The individual's ActIve Duty status on the Active Duty Status Date (2) Whether the individual left Active
`Duty Sgtus 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 a the Active Duty Status Date.
`
`I'Tec
`
`Morg information on "Active Duty Status"
`ActIveguty status as reported in this ceItIficate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
`than 3g 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
`authoged by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
`Presideht 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), Manne 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 1O 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 prowded 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.
`
`