On March 01, 2024 a
Party Statement
was filed
involving a dispute between
Lvnv Funding Llc,
and
Mcmillion, Gary,
for Transcript Judgment
in the District Court of Crow Wing County.
Preview
18-CV-24-719
Filed in District Court
State of Minnesota
3/1/2024 2:46 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CROW WING NINTH JUDICIAL DISTRICT
Court File: 18-CO-23588
LVNV Funding LLC,
Plaintiff,
AFFIDAVIT OF IDENTIFICATION
VS- OF JUDGMENT DEBTOR
Gary McMillion,
Defendant
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN)
The undersigned, being duly sworn, deposes and says; that s/he is one of the attorneys for
the Judgment Creditor, Plaintiff abovenamed, and that to the best of his/her knowledge,
information, and belief, the full name of the Judgment Debtor in the above-entitled action is as
follows:
Gary McMillion
and that the business and occupation of said judgment debtor is as follows: unknown.
that the present residence is: 16109 Hotel St, Brainerd MN 56401-5675.
That place of business is as follows: unknown.
That post office address is as follows: unknown.
Affiant further states that defendant, Gary McMillion, above named, is not now, as affiant
verily believes, in the military service of the United States pursuant to the Military Status Report,
attached hereto, issued by the Department of Defense Manpower Data Center. This affidavit is
made in compliance with the Servicemembers Civil Relief Act.
The above statement of claim is true and correct to the best of my knowledge.
18-CV-24-719
Filed in District Court
State of Minnesota
3/1/2024 2:46 AM
Ideclare under penalty of perjury that evrything I ave stated in this document is true and
correct. Minn Stat. § 358.116.
February la , 2024. GURSTEL LAW FIRM P.C.
by fl'M/L/
Amy M. G01tz(#336452) _
Kelly K. Heenan (#400103) _
Lori Kambourian (#0402361) _
Amanda M. Larson (#388651)
Aaron M. Robison (#0402179)
Tyler Spillman (#0504360) _
Jordan Lippert (#0402733) _
Attorneys for Plaintiff
6681 Country Club Drive
Golden Valley, Minnesota 55427
Telephone: (877) 3444002
Fax: (763) 267-6777
18-CV-24-719
Filed in District Court
State of Minnesota
3/1/2024 2:46 AM
"WWW"Feb'ZBQOZ'WMZZMM
Department of Defense Manpower Data Center
SCRA 5.19
Stems Report
.
Pursuant to Servicemembers Civil Relief Act
SSN=
Birth Date:
Last Name: MCMILLION
First Name: GARY
Middle Name:
Status As Of: Feb-28-2024
Certificate ID:
On Active Duty On Acliv- Duty Status Date
Active Duty Stan Dale Aclive Duty End Dale Slalus Service Companenl
NA NA No NA
This laflacl: the new duty Ih'lll blind on m- Aelwu Duty Status Dale
Left Active Duly Within 367 Days 01 Active Duly Status Date
Active Duty Start Date Active Duty End Date S tatu 5 Service Component
NA NA No NA
This lupome mm We the Indmdud Ion active duty lulu: mm 367 days Win the Active Duty Status Dale
The Member or His/Her Unit Was Notified of a Future Catt-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 eariy noljfication to report for active duty
on the information that you provided, the above is the status of
Upon searching the data banks of the Department of Defense Manpower Data Center, based
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force. Space Force, NOAA. Public
for Active Duty.
Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report
Sam
Sam Yousefzadeh, Director
awe/$4M
Department of Defense Manpower Data Center
-
4800 Mark Center Drive, Suite 04E25
Alexandria, VA 22350
File#: 1587107
18-CV-24-719
Filed in District Court
State of Minnesota
3/1/2024 2:46 AM
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 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 othenNise 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. Service contact
information can be found on the SCRA website's FAQ page (035) via this URL: https://scra.dmdc.osd.mi|/scra/#/faqs. 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. 3921(0).
§
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
to report for active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification
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
officer of the U.S.
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned
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
for all the Uniformed Services periods.
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records
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 of the SCRA may extend to persons who have received orders to report for active duty orto be inducted, but who have not
protections
of the SCRA
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number protections
of
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.
Document Filed Date
March 01, 2024
Case Filing Date
March 01, 2024
Category
Transcript Judgment
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18-CV-24-719 Filed in District Court State of Minnesota 3/1/2024 2:46 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF CROW WING NINTH JUDICIAL DISTRICT Court File: 18-CO-23588 LVNV Funding LLC, Plaintiff, AFFIDAVIT OF IDENTIFICATION VS- OF JUDGMENT DEBTOR Gary McMillion, Defendant STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) The undersigned, being duly sworn, deposes and says; that s/he is one of the attorneys for the Judgment Creditor, Plaintiff abovenamed, and that to the best of his/her knowledge, information, and belief, the full name of the Judgment Debtor in the above-entitled action is as follows: Gary McMillion and that the business and occupation of said judgment debtor is as follows: unknown. that the present residence is: 16109 Hotel St, Brainerd MN 56401-5675. That place of business is as follows: unknown. That post office address is as follows: unknown. Affiant further states that defendant, Gary McMillion, above named, is not now, as affiant verily believes, in the military service of the United States pursuant to the Military Status Report, attached hereto, issued by the Department of Defense Manpower Data Center. This affidavit is made in compliance with the Servicemembers Civil Relief Act. The above statement of claim is true and correct to the best of my knowledge. 18-CV-24-719 Filed in District Court State of Minnesota 3/1/2024 2:46 AM Ideclare under penalty of perjury that evrything I ave stated in this document is true and correct. Minn Stat. § 358.116. February la , 2024. GURSTEL LAW FIRM P.C. by fl'M/L/ Amy M. G01tz(#336452) _ Kelly K. Heenan (#400103) _ Lori Kambourian (#0402361) _ Amanda M. Larson (#388651) Aaron M. Robison (#0402179) Tyler Spillman (#0504360) _ Jordan Lippert (#0402733) _ Attorneys for Plaintiff 6681 Country Club Drive Golden Valley, Minnesota 55427 Telephone: (877) 3444002 Fax: (763) 267-6777 18-CV-24-719 Filed in District Court State of Minnesota 3/1/2024 2:46 AM "WWW"Feb'ZBQOZ'WMZZMM Department of Defense Manpower Data Center SCRA 5.19 Stems Report . Pursuant to Servicemembers Civil Relief Act SSN= Birth Date: Last Name: MCMILLION First Name: GARY Middle Name: Status As Of: Feb-28-2024 Certificate ID: On Active Duty On Acliv- Duty Status Date Active Duty Stan Dale Aclive Duty End Dale Slalus Service Companenl NA NA No NA This laflacl: the new duty Ih'lll blind on m- Aelwu Duty Status Dale Left Active Duly Within 367 Days 01 Active Duly Status Date Active Duty Start Date Active Duty End Date S tatu 5 Service Component NA NA No NA This lupome mm We the Indmdud Ion active duty lulu: mm 367 days Win the Active Duty Status Dale The Member or His/Her Unit Was Notified of a Future Catt-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 eariy noljfication to report for active duty on the information that you provided, the above is the status of Upon searching the data banks of the Department of Defense Manpower Data Center, based the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force. Space Force, NOAA. Public for Active Duty. Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report Sam Sam Yousefzadeh, Director awe/$4M Department of Defense Manpower Data Center - 4800 Mark Center Drive, Suite 04E25 Alexandria, VA 22350 File#: 1587107 18-CV-24-719 Filed in District Court State of Minnesota 3/1/2024 2:46 AM 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 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 othenNise 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. Service contact information can be found on the SCRA website's FAQ page (035) via this URL: https://scra.dmdc.osd.mi|/scra/#/faqs. 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. 3921(0). § 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 to report for active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification 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 officer of the U.S. Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned 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 for all the Uniformed Services periods. reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records 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 of the SCRA may extend to persons who have received orders to report for active duty orto be inducted, but who have not protections of the SCRA actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number protections of 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.