IN THE DISTRICT COURT OF POTTAWATOMIE COUNTY
STATE OF OKLAHOMA
BANCFIRST,
Plaintiff,
vs.
ASHLEY M. VANDERLEI N/K/A
ASHLEY M. MAREK AND COLTON
C. MAREK,
Defendants.
CASE NO. CS-2026-255
PETITION
Plaintiff, BancFirst ("BancFirst"), for its causes of action against the Defendants, Ashley M. Vanderlei n/k/a Ashley M. Marek and Colton C. Marek (collectively the "Defendants"), alleges and states as follows:
CLAIM ONE: BREACH OF SEPTEMBER 6, 2024 PROMISSORY NOTE AND DISCLOSURE, AND CONSUMER SECURITY AGREEMENT AND REP LEVIN
1. On or about September 6, 2024, Ashley M. Vanderlei n/k/a Ashley M. Marek ("Borrower") executed a Promissory Note and Disclosure (hereinafter the "Contract") with BancFirst and became obligated to repay BancFirst the principal sum of $7,368.74 plus interest at 6.75% per annum, pursuant to the terms of the Contract. A true and correct copy of the Contract is attached hereto as Exhibit A.
2. As part of the Contract and to secure the performance of Borrower, Defendants executed a Consumer Security Agreement and granted BancFirst a security interest in a 2003 Ford F-250 Crew Cab Lariat Pickup, VIN # 1FTNW21P93ED50777 (hereinafter the
"Collateral"). A true and correct copy of the Consumer Security Agreement is attached hereto as Exhibit B.
3. BancFirst properly perfected its security interest in the Collateral in accordance with Oklahoma law. A true and correct copy of the Lien Entry is attached hereto as Exhibit C.
4. A default occurs under the Contract and Consumer Security Agreement upon the failure of Borrower to make any payment when due. Exhibit A, pg. 1, ¶ Default. Exhibit B, pg. 2, ¶ Default.
5. Upon default, the Contract and Consumer Security Agreement provide that BancFirst may accelerate all indebtedness immediately due and payable under the Contract and obtain recovery of its Collateral. Exhibit A, pg. 2, ¶ Lender's Rights. Exhibit B, pg. 2, ¶ Lender's Rights.
6. The Contract and Consumer Security Agreement provide that BancFirst is entitled to recover its costs and attorneys' fees to pursue enforcement of the Contract and Consumer Security Agreement. Exhibit A, pg. 2, ¶ Attorneys’ Fees; Expenses. Exhibit B, pg. 2, ¶ Attorneys’ Fees; Expenses.
7. Borrower has defaulted on the Contract by failing to make payments pursuant to the terms of the Contract and as a result, Defendants are in default under the Contract and Consumer Security Agreement.
8. As of February 26, 2026, the balance due on the Contract was $3,843.09.
9. BancFirst is entitled to recover its reasonable attorney’s fees and its reasonable costs of collection under the terms of the Contract and Consumer Security Agreement and under 12 O.S. § 936. Exhibit A, pg. 2, ¶ Attorneys’ Fees; Expenses. Exhibit B, pg. 2, ¶ Attorneys’ Fees; Expenses.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
10. Because of Defendants’ default under the Contract and Consumer Security Agreement, BancFirst has a special ownership or interest in the Collateral and is entitled to immediate possession of the Collateral. Exhibit B, pg. 2, ¶ Lender’s Rights.
11. The actual value of the Collateral is estimated at $7,200.00.
12. The Collateral has not been taken in execution on any order or judgment against BancFirst, or for the payment of any tax, fine, or amercement assessed against BancFirst, or by virtue of an order of delivery issued under Chapter 31 of Title 12 of the Oklahoma Statutes, or for any other mesne or final process issued against BancFirst.
13. BancFirst believes that Defendants are in actual or constructive possession of the Collateral and that their possession is subject to the rights of BancFirst. Although BancFirst has demanded possession of the Collateral, Defendants have failed to deliver or relinquish possession of the Collateral to BancFirst. Defendants are, therefore, wrongfully detaining the Collateral.
14. BancFirst believes that Defendants may attempt to conceal, damage, or destroy the Collateral or any part thereof, or to remove the Collateral from the State or County, and BancFirst will thereby suffer irreparable harm. BancFirst is without adequate remedy at law to prevent such harm and injury. As such, BancFirst respectfully requests this Court to enter an Order requiring Defendants to appear and disclose the location of the Collateral.
15. BancFirst requests an Order authorizing it to issue subpoenas immediately pursuant to 12 O.S. § 2004 related to the location of the Collateral and Defendant’s cell phone records and data.
16. Pursuant to the Servicemember's Civil Relief Act of 2003, BancFirst has reviewed the Department of Defense website and determined that Defendants are not in the military. Exhibit D, Affidavit.
17. Pursuant to 40 O.S. § 4-508(D), BancFirst requests an Order that at any time or times subsequent to the filing of this order, the Oklahoma Employment Security Commission shall produce, within thirty (30) days of receipt of this order, employment information of the Borrower, Ashley M. Vanderlei n/k/a Ashley M. Marek.
WHEREFORE, on its Claim One against Defendants, Ashley M. Vanderlei n/k/a Ashley M. Marek and Colton C. Marek, for breach of the Contract, Consumer Security Agreement, and Replevin of the Collateral, BancFirst prays:
(a) that the clerk of this Court issue the above-described notice to Ashley M. Vanderlei n/k/a Ashley M. Marek and Colton C. Marek, and further that the notice inform them, that pursuant to 12 O.S. § 1571.1, any person who willfully or knowingly damages property in which there exists a valid right to issuance of an order of delivery, or on which such order shall be sought under the provisions of 12 O.S. § 1571, or who conceals it, with intent to interfere with the enforcement of the order, or who removes it from the jurisdiction of this Court with the intention of defeating the enforcement of an order of deliver, or who willfully refuses to disclose its location to an officer charged with execution of an order for its delivery, or who, when in possession of such property, willfully interferes with the officers charged with execution of such writ, shall be guilty of a misdemeanor, and in addition to such criminal penalties as are provided by law, shall be liable to BancFirst for double the amount of damages done to the property, together with a reasonable attorney fee to be fixed by the Court;
(b) that this Court enter a money Judgment in favor of BancFirst and against the Borrower, Ashley M. Vanderlei n/k/a Ashley M. Marek, in the amount of $3,843.09, plus interest at the contractual rate of 6.75% and all contractual late charges and other contractual fees since February 26, 2026, and BancFirst's court costs and reasonable attorneys' fees, accrued and accruing;
(c) that this Court issue an Order for immediate delivery of the Collateral to BancFirst;
(d) that this Court issue an Order requiring Defendants, Ashley M. Vanderlei n/k/a Ashley M. Marek and Colton C. Marek, to appear and disclose the location of the Collateral;
(e) that this Court issue an Order authorizing BancFirst to issue subpoenas immediately pursuant to 12 O.S. § 2004.1 to nonparties for the production of documentary evidence related to the location of the Collateral and Defendant's cell phone records and data;
(f) that this Court render judgment in favor of BancFirst and against Defendants for possession of the Collateral, decreeing that BancFirst's interest in the Collateral is senior and superior to the interest of Defendants, and authorizing the foreclosure of BancFirst's security interest in the Collateral; and
(g) that this Court enter an Order that at any time or times subsequent to the filing of this order, the Oklahoma Employment Security Commission shall produce, within thirty (30) days of receipt of this order, employment information of the Borrower; and
(h) award all contractual charges as set forth in the Contract and Consumer Security Agreement and all other relief this Court deems just.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
Respectfully submitted,
Randy G. Gordon, OBA # 32583
STUART & CLOVER, P.L.L.C.
130 North Broadway Avenue, Suite 100
Shawnee, Oklahoma 74801
Telephone: (405) 275 – 0700
Facsimile: (405) 275 – 6805
[email protected]
Attorneys for BancFirst
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
VERIFICATION
STATE OF OKLAHOMA )
COUNTY OF POTTAWATOMIE )
I, Mary Dennis, of lawful age, being first duly sworn upon oath, state: that I am the Branch Manager of Lending / Vice President of BancFirst; that I am authorized to make this affidavit on BancFirst’s behalf; that I have read the above and foregoing Petition and that the matters, facts, and things therein stated are true and correct to the best of my knowledge and belief.
Respectfully submitted,
Mary Dennis
Subscribed and sworn to before me this 3 day of March, 2026.
Rebecca A. Foreman
NOTARY PUBLIC
My Commission Expires: 2/6/2027
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
PROMISSORY NOTE AND DISCLOSURE
Principal: $7,368.74 Loan Date: 09-06-2024 Maturity: 09-15-2026 Loan No: 7018 Call / Coll: _____ Account: ____ Officer: ____ Initials: _____
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "****" has been omitted due to text length limitations.
Borrower: Ashley M. Vanderlei
704 Gentry Dr
Tuttle, OK 73089
Lender: BANCFIRST
SHAWNEE
1939 NORTH HARRISON STREET
P. O. DRAWER 1608
SHAWNEE, OK 74802-1608
(405) 273-1000
ANNUAL PERCENTAGE RATE
The cost of my credit as a yearly rate.
6.750%
FINANCE CHARGE
The dollar amount the credit will cost me.
$541.18
Amount Financed
The amount of credit provided to me or on my behalf.
$7,368.74
Total of Payments
The amount I will have paid after I have made all payments as scheduled.
$7,909.92
PAYMENT SCHEDULE. My payment schedule will be 24 monthly payments of $329.58 each, beginning October 15, 2024.
PROPERTY INSURANCE. I may obtain property insurance from anyone I want that is acceptable to Lender. If I get the VSI Insurance from Lender, I will pay $40.00.
SECURITY. A security interest is being given in My Truck. In addition, collateral securing other loans with Lender may also secure this loan.
LATE CHARGE. If a payment is 15 days or more late, I will be charged $32.00. However, Lender may charge the maximum delinquency charge authorized by law as it may be increased during the term of this loan.
PREPAYMENT. If I pay off early, I will not have to pay a penalty.
I will look at my contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds.
Amount Financed Itemization
Amount paid to me directly:
$1,000.00 Deposited to Checking Account #____9275
$1,000.00
Amount paid on my account:
$6,328.74 Payment on Loan #____927
$6,328.74
Other Charges Financed:
$40.00 VSI Premium
$40.00
Note Principal:
$7,368.74
Prepaid Finance Charges:
$0.00
Amount Financed:
$7,368.74
Principal Amount: $7,368.74 Interest Rate: 6.750% Date of Note: September 6, 2024
PROMISE TO PAY. I ("Borrower") promise to pay to BANCFIRST ("Lender"), or order, in lawful money of the United States of America, the principal amount of Seven Thousand Three Hundred Sixty-eight & 7/100 Dollars ($7,368.74), together with interest on the unpaid principal balance from September 6, 2024, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an interest rate of 6.750% per annum, until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section.
PAYMENT. I will pay this loan in 24 payments of $329.58 each payment. My first payment is due October 15, 2024, and all subsequent payments are due on the same day of each month after that. My final payment will be due on September 15, 2026, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to any escrow or reserve account payments as required under any mortgage, deed of trust, or other security instrument or security agreement securing this Note; then to principal; then to any late charges; and then to any unpaid collection costs. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. All payments must be made in U.S. dollars and must be received by Lender consistent with any written payment instructions provided by Lender. If a payment is made consistent with Lender's payment instructions but received after 5:00 PM on a business day, or received any time on a weekend, or received any time on a legal public holiday, Lender will credit my payment on the next business day.
INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the ratio of the interest rate over the number of days in a year (366 during leap years), multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method.
PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full", "without recourse", or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: BANCFIRST, SHAWNEE, 1939 NORTH HARRISON STREET, P. O. DRAWER 1608, SHAWNEE, OK 74802-1608.
LATE CHARGE. If a payment is 15 days or more late, I will be charged $32.00. However, Lender may charge the maximum delinquency charge authorized by law as it may be increased during the term of this loan.
INTEREST AFTER DEFAULT. If Lender declares my entire loan immediately due after a default, or upon final maturity, then the total sum due under this Note will accrue interest from the date of acceleration or maturity at the interest rate under this Note until paid in full.
DEFAULT. I will be in default under this Note if any of the following happen:
Payment Default. I fail to make any payment when due under this Note.
Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender.
Default in Favor of Third Parties. I or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of my property or my ability to repay this Note or perform my obligations under this Note or any of the related documents.
False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished.
Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws.
Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note.
Insecurity. Lender in good faith believes itself insecure.
Cure Provisions. If any default, other than a default in payment, is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if (1), after Lender sends written notice to me demanding cure of such default: (1) cure the default within twenty (20) days; or (2) If the cure requires more than twenty (20) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. If I am in default, Lender may, in addition to any other rights Lender has declare my entire loan immediately due, without notice. I will then pay Lender the unpaid part of the Principal Amount, any interest that is earned but unpaid, and any reasonable collection costs.
ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else who is not Lender's salaried employee to help collect this Note if I do not pay. I will pay Lender that amount. This Includes Lender's attorneys' fees, however not to exceed fifteen percent (15%) of the unpaid debt after default, and Lender's legal expenses, whether or not there is a lawsuit, including without limitation all attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law.
GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Oklahoma without regard to its conflicts of law provisions. This Note has been accepted by Lender in the State of Oklahoma.
DISHONORED ITEM FEE. I will pay a fee to Lender of $25.00 if I make a payment on my loan and the check or other payment order including any preauthorized charge with which I pay is later dishonored.
COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein:
(A) a Consumer Security Agreement dated September 6, 2024 made and executed between Ashley M. Vanderlei and Colton C. Marek and Lender on collateral described as a motor vehicle.
NEGATIVE INFORMATION NOTICE. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
ESCROW REQUIREMENT. Federal regulations and BancFirst require the establishment of an escrow account in relation to some home loans. If your loan is covered, you will open an escrow account at consummation and make scheduled payments to the account. Your property taxes and/or lender required insurance premiums, such as hazard insurance, will be paid from this account. For more information, please consult your mortgage lender.
LENDER'S RIGHTS REGARDING FEES AND CHARGES. The late fee on this loan may increase, but will never be more than the maximum allowed by law.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. I may notify Lender if Lender reports any inaccurate information about my account(s) to a consumer reporting agency. My written notice describing the specific inaccuracy(ies) should be sent to Lender at the following address: BANCFIRST, SHAWNEE, 1939 NORTH HARRISON STREET, P.O. DRAWER 1608, SHAWNEE, OK 74802-1608.
GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "I", "me", and "my" mean each and all of the persons signing below.
PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE.
I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE AND DISCLOSURE.
BORROWER:
Ashley M. Vanderlei
Signature:
Sep 06, 2024
4:24 PM CDT
CONSUMER SECURITY AGREEMENT
Principal: $7,368.74
Loan Date: 09-06-2024
Maturity: 09-15-2026
Loan No: 7018
Call / Coll:
Account: ***
Officer: ***
Initials:
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "****" has been omitted due to text length limitations.
Borrower:
Ashley M. Vanderlei
704 Gentry Dr
Tuttle, OK 73089
Lender:
BANCFIRST
SHAWNEE
1939 NORTH HARRISON STREET
P.O. DRAWER 1608
SHAWNEE, OK 74802-1608
(405) 273-1000
Grantor:
Ashley M. Vanderlei
Colton C. Marek
704 Gentry Dr
Tuttle, OK 73089
THIS CONSUMER SECURITY AGREEMENT dated September 6, 2024, is entered into among Ashley M. Vanderlei and Colton C. Marek (referred to below as "I"); Ashley M. Vanderlei (referred to below as "Borrower"); and BANCFIRST (referred to below as "Lender").
GRANT OF SECURITY INTEREST. To secure the Indebtedness described herein (including all obligations under the Note and this Agreement), I grant to Lender a security interest in all of the Property described below. I understand that the following statements set forth my responsibilities, as well as Lender's rights concerning the Property. I agree as follows:
PROPERTY DESCRIPTION. The word "Property" as used in this Agreement means the following described property in which I am giving to Lender a security interest for the payment of the Indebtedness and performance of all other obligations under the Note and this Agreement:
2003 Ford F-250 CREW CAB LARIAT, PICKUP (VIN 1FTNW21P93ED50777)
In addition, the word "Property" also includes all the following: any and all accessories, attachments, accessories, replacements of and additions to any of the property described herein (such as tires or batteries attached to a car, a motor attached to a boat, or appliances and fixtures attached to a mobile home), whether added now or later, together with all proceeds (including insurance proceeds and refunds of insurance premiums) if any, and sums due from a third party who has damaged or destroyed the Property or from that party's insurer, whether due to judgment, settlement or other process.
Despite any other provision of this Agreement, Lender is not granted, and will not have, a nonpurchase money security interest in household goods, to the extent such a security interest would be prohibited by applicable law. In addition, if Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of me to Lender, then this Agreement shall not secure additional loans or obligations unless and until such notice and all material Truth-in-Lending disclosures are delivered.
CROSS-COLLATERALIZATION. In addition to the Note, this Agreement secures all amounts Borrower owes to Lender, whether owed now or later. This means that every loan Borrower has now or obtains later with Lender is secured by this Agreement. This Agreement also secures all other amounts and obligations that Borrower may owe to Lender (such as an overdraft on a checking account). I may notify Lender in writing if I am no longer willing to be liable for future amounts owed by Borrower. I will still be liable for all loans to Borrower made or agreed to be made by Lender before Lender actually receives my notice, and all extensions, modifications and renewals of these loans. However, this Agreement shall not secure any additional loans or obligations if doing so would cause such additional loan or obligation to be subject to the limitations on consumer credit extended to service members, their spouses, and their dependents as provided in 10 U.S.C. Section 987 and its implementing regulations.
WARRANTIES AND REPRESENTATIONS. I warrant and represent to Lender that: (a) This Agreement is executed at Borrower's request and not at the request of Lender; (b) I have established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (c) Lender has made no representations to me about Borrower or Borrower's creditworthiness.
GRANTOR'S WAIVERS. I waive all requirements of presentment, protest, demand, and notice of dishonor or non-payment to me, to Borrower, or to any other party to the Indebtedness or the Property. Lender may do any of the following with respect to the Indebtedness or any other obligation of any Borrower, without first obtaining my written consent: (A) grant any extension of time for any payment, (B) grant any renewal, (C) permit any modification of payment terms or other terms, or (D) exchange or release any Property or other security. No such act or failure to act shall affect Lender's rights against me or the Property.
BORROWER'S WAVERS AND RESPONSIBILITIES. Lender need not tell Borrower about any action or inaction it takes in connection with this Agreement. Borrower assumes the responsibility for keeping informed about the Property. Borrower waives any defenses that may arise because of any action or inaction of Lender, including any failure or delay of Lender to collect on the Property. Borrower agrees to remain liable under the Note and Indebtedness no matter what action Lender takes or fails to take under this Agreement.
REPRESENTATIONS AND PROMISES WITH RESPECT TO THE PROPERTY. I represent and promise to Lender that:
Ownership. I am the lawful owner of the Property. The Property is free and clear of all loans, liens, security interests, mortgages, claims, and encumbrances except for those I have disclosed to Lender in writing prior to my signing this Agreement. I agree to defend Lender's rights in the Property against the claims and demands of all persons. I will not allow any other liens on the Property, even if they are junior to Lender's lien. I have the full authority and right to enter into this Agreement and to grant a security interest in the Property to Lender.
No Sale. Without Lender's prior written consent, I will not sell, lease, transfer, borrow against, or otherwise dispose of any of my rights in the Property unless and until all the Indebtedness is paid in full.
Location of the Property. Except for vehicles, I agree to keep the Property at my address shown above unless Lender tells me I can move it. If the Property is a vehicle, I will keep the Property at those addresses except for routine travel. I will not do anything that requires applying for a certificate of title for the vehicle in another state. If I move from my address shown above to another location within the same state, I may move the Property to my new address, but only if I give Lender the new address in writing prior to my moving. In any event, I agree to keep Lender informed at all times of my current address.
Maintenance and Insurance. I will keep the Property in good condition and repair. If the Property is damaged, lost or stolen, I immediately will inform Lender. I will keep the Property fully insured against all loss or damage by fire, theft, collision, and such other hazards as Lender may require from time to time. The Insurance will be on terms, including deductible provisions and endorsements, that are satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender and not including any disclaimer of the insurer's liability for failure to give such notice. I understand I may obtain Insurance from any insurance company I may choose that is reasonably acceptable to Lender. I will provide Lender with the original Insurance policy, or other proof satisfactory to Lender of the Insurance coverage, together with all endorsements required by Lender, including an endorsement naming Lender as the party to whom all losses will be paid. If Lender receives a refund of any insurance premiums, I agree that the refund is Property covered by this Agreement. Lender may apply the refund and any insurance proceeds or amounts received from third parties to payment of the Indebtedness. Any Insurance policy which I deliver to Lender will be held to secure payment of the Indebtedness. Until all Indebtedness is paid in full, Lender is authorized, but shall not be required, to file any proof of loss, adjust any loss, receive and receipt for any sum payable, surrender any policy, discharge and release any insurer, endorse any loss or refund check or draft, and in general do in my names, or otherwise, any and all things with respect to the insurance or any insurance proceeds.
Licensing and Governmental Regulations. I agree to keep the Property licensed at all times as required by all applicable state and federal laws. In addition, I agree to pay when due all license fees, taxes and assessments relating to the Property or the use of the Property. I further agree that the Property will not be used for any unlawful purpose or in violation of any statute, law, ordinance, or regulation relating to the use, operation, or control of the Property.
Inspection. I agree that Lender or Lender's agents shall have the right from time to time to inspect the Property wherever located.
Financing Statements. I authorize Lender to file a UCC financing statement, or alternatively, a copy of this Agreement to perfect, protect, and maintain a security interest. At Lender's request, I additionally agree to sign all other documents that are necessary to perfect, protect, and
Lender's security interest in the Property. I will pay all filing fees, title transfer fees, and other fees and costs involved unless prohibited by law or unless Lender is required by law to pay such fees and costs. I irrevocably appoint Lender as my attorney-in-fact to execute lien entry forms and documents necessary to transfer title if there is a default. Lender may file a copy of this Agreement as a financing statement. I will promptly notify Lender of any change to my name or the name of any individual Grantor, any individual who is a partner for a Grantor, and any individual who is a trustee or settlor or trustor for a Grantor under this Agreement. I will also promptly notify Lender of any change to the name that appears on the most recently issued, unexpired driver's license or state-issued identification card, any expiration of the most recently issued driver's license or state-issued Identification card for me or any individual for whom I am required to provide notice regarding name changes.
LENDER'S EXPENDITURES. If I fail (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on my behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note or at the highest rate authorized by law, from the date incurred or paid by Lender to the date of repayment by me. All such expenses will become a part of the Indebtedness, and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Agreement also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. If Lender is required by law to give me notice before or after Lender makes an expenditure, I agree that notice sent by regular mail at least five (5) days before the expenditure is made or notice delivered two (2) days before the expenditure is made is sufficient, and that notice within sixty (60) days after the expenditure is made is reasonable.
DEFAULT. I will be in default if any of the following happens:
Payment Default. Borrower fails to make any payment when due under the Indebtedness.
Break Other Promises. Borrower or I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Agreement or in any agreement related to this Agreement.
Default In Favor of Third Parties. Borrower or I default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's or my property or ability to perform our respective obligations under this Agreement or any of the Related Documents.
False Statements. Any representation or statement made or furnished to Lender by Borrower or me or on Borrower's or my behalf under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished.
Death or Insolvency. Borrower or I die or become incompetent or insolvent, a receiver is appointed for any part of my property, I make an assignment for the benefit of creditors, or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws.
Taking of the Property. Any creditor or government agency tries to take any of the Property or any other of Borrower's or my property in which Lender has a lien. This includes taking of, garnishing of or levying on Borrower's or my accounts with Lender. However, if Borrower or I dispute in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Borrower or I give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
Defective Collateralization. This Agreement or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
Property Damage or Loss. The Property is lost, stolen, substantially damaged, sold, or borrowed against.
Insecurity. Lender in good faith believes itself insecure.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
Cure Provisions. If any default, other than a default in payment, is curable and if I have not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, it may be cured if I, after Lender sends written notice to Borrower demanding cure of such default: (1) cure the default within twenty (20) days; or (2) if the cure requires more than twenty (20) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. I may keep and use the Property so long as I am not in default under this Agreement. If I am in default, this is what Lender may do, in addition to any other rights Lender may have:
Accelerate Indebtedness. Lender may declare all Indebtedness immediately due and payable, without notice.
Other Rights and Remedies. In addition, Lender will have all the rights of a secured party under the Uniform Commercial Code and other applicable law. This means, among other rights, that Lender may enter upon the premises at the address shown above and take the Property peaceably and sell it. Lender may also, to the extent permitted by law, enter peaceably upon other premises for the purpose of retaking the Property, and I consent to such entry. If the Property contains any goods not covered by this Agreement at the time of repossession, I agree that Lender may take such goods, provided that Lender makes reasonable efforts to return them to me after repossession. If Lender asks me to do so, I will gather the Property and make it available to Lender at a place reasonably convenient to both Lender and me.
Application of Proceeds. If Lender sells the Property, Lender will apply the "net proceeds" of the sale to reduce the amount owed Lender. "Net proceeds" means the sale price less the expenses of repossession, repair, sale, and as provided below, attorneys' fees and other collection expenses.
Notice. Unless the Property threatens to decline speedily in value or is of a type customarily sold on a recognized market, Lender will give me, and other persons as required by law, reasonable notice of the time and place of any public sale or of the time after which any private sale or any other intended disposition of the Property is to be made. The requirements of reasonable notice shall be met if such notice is given at least ten (10) days before the time of the sale or disposition, except as otherwise required by applicable law.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:
Amendments and Interpretation. (1) What is written in this Agreement is my entire agreement with Lender concerning the Property. This Agreement may not be changed except by another written agreement between us. (2) If more than one person signs below, our obligations are joint and several. This means that the words "I," "me," and "my" mean each and every person or entity signing this Agreement, and that, if Lender brings a lawsuit, Lender may sue any one or more of us. I also understand Lender need not sue Borrower first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections in this Agreement are for convenience purposes only. They are not to be used to interpret or define the provisions of this Agreement. (4) I agree that this Agreement is the most reliable evidence of my agreements with Lender.
Attorneys' Fees; Expenses. I agree to pay all of Lender's costs and expenses, including Lender's attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Agreement. Lender may hire or pay someone else who is not Lender's salaried employee to help enforce this Agreement, and I shall pay the costs and expenses of such enforcement. Costs and expenses include, however not to exceed fifteen percent (15%) of the unpaid debt after default, subject to any limits under the Oklahoma Uniform Consumer Credit Code, Lender's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If not prohibited by the Oklahoma Uniform Consumer Credit Code, I also shall pay all court costs, in addition to all other sums provided by law. This Agreement also secures all of these amounts.
Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement.
Governing Law. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Oklahoma without regard to its conflicts of law provisions. This Agreement has been accepted by Lender in the State of Oklahoma.
Notices. To the extent permitted by applicable law, any notice required to be given under this Agreement shall be given in writing, and
shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Agreement. Any person may change his or her address for notices under this Agreement by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, I agree to keep Lender informed at all times of my current address. To the extent permitted by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. It will be my responsibility to tell the others of the notice from Lender.
No Waiver by Lender. I understand Lender will not give up any of Lender's rights under this Agreement unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean I will not have to comply with the other provisions of this Agreement. I also understand that if Lender does consent to a request, that does not mean that I will not have to get Lender's consent again if the situation happens again. I further understand that just because Lender consents to one or more of my requests, that does not mean Lender will be required to consent to any of my future requests. I waive presentment, demand for payment, protest, and notice of dishonor. I waive all rights of exemption from execution or similar law in the Property, and I agree that the rights of Lender in the Property under this Agreement are prior to my rights while this Agreement remains in effect.
Severability. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable.
Successors and Assigns. Subject to any limitations stated in this Agreement on transfer of my interest, this Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than me, Lender, without notice to me, may deal with my successors with reference to this Agreement and the Indebtedness by way of forbearance or extension without releasing me from the obligations of this Agreement or liability under the Indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Agreement.
DEFINITIONS. The following words shall have the following meanings when used in this Agreement:
Agreement. The word "Agreement" means this Consumer Security Agreement, as this Consumer Security Agreement may be amended or modified from time to time, together with all exhibits and schedules attached to this Consumer Security Agreement from time to time.
Borrower. The word "Borrower" means Ashley M. Vanderlei and includes all co-signers and co-makers signing the Note and all their successors and assigns.
Grantor. The word "Grantor" means Ashley M. Vanderlei and Colton C. Marek.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note.
Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note or Related Documents, including all principal and interest together with all other indebtedness and costs and expenses for which Borrower is responsible under this Agreement or under any of the Related Documents. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision of this Agreement.
Lender. The word "Lender" means BANCFIRST, its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note.
Note. The word "Note" means the note or credit agreement dated September 6, 2024, in the principal amount of $7,368.74 from Ashley M. Vanderlei to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for the note or credit agreement.
Property. The word "Property" means all of my right, title and interest in and to all the Property as described in the "Property Description" section of this Agreement.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guarantees, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
BORROWER AND I HAVE READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS CONSUMER SECURITY AGREEMENT AND AGREE TO ITS TERMS. THIS AGREEMENT IS DATED SEPTEMBER 6, 2024.
GRANTOR:
X
Ashley M. Vanderlei
Signed:
Sep 06, 2024
4:25 PM CDT
BORROWER:
X
Ashley M. Vanderlei
Signed:
Sep 06, 2024
4:25 PM CDT
X
Colton C. Marek
Signed:
Sep 06, 2024
4:23 PM CDT
SERVICE OKLAHOMA
LIEN HOLDERS RELEASE FORMS
VIN: IFTNW21P93ED50777 VEHYR: 2003 MAKE: FORD MODEL: F2S BODY: PK
AGNT #: M6333
LIEN DEBTOR: MAREK, COLTON C.
MAREK, COLTON C.
21215 SE 103RD ST
NEWALLA OK 74857-2422
LIEN HOLDER: BANCFIRST
LIEN HOLDER ID: LH001837
BANCFIRST
PO BOX 1608
SHAWNEE OK 74802-1608
TO: SERVICE OKLAHOMA
MOTOR VEHICLE DIVISION
P.O. BOX 269061
OKLAHOMA CITY OK 73126-9061
REF#: L0317284888
TO WHOM IT MAY CONCERN: WE HAVE RELEASED OUR SECURITY INTEREST IN THE MOTOR VEHICLE DESCRIBED ABOVE, EFFECTIVE ON THE DATE WHICH APPEARS BY MY SIGNATURE. PLEASE REVISE YOUR RECORDS TO REFLECT THIS RELEASE.
SIGNATURE OF REPRESENTATIVE OF SECURED PARTY
X ________________________________ DATE __________________
LENDER: TO ENSURE PROPER PROCESSING OF YOUR COMPLETED LIEN RELEASE, PLEASE NOTE THE FOLLOWING.
DO NOT ALTER THIS DOCUMENT
NO STAPLES
NO TAPE
NO FOREIGN FIXTURES OR ATTACHMENTS
NO WRITING OR MARKING
(OTHER THAN SIGNATURE AND DATE FOR RELEASE)
DO NOT ALTER THE SIZE OF THIS DOCUMENT
SCRA AFFIDAVIT
State of Oklahoma,
County of Pottawatomie,
1. I, Randy G. Gordon, state that I am an attorney for BancFirst. I am authorized to make this affidavit on its behalf in this case.
1. As of the current date, the Defendants, ASHLEY MAY VANDERLEI n/k/a ASHLEY MAY MAREK and COLTON CLAY MAREK, are not in military service according to the SCRA website.
2. I have used the Servicemembers Civil Relief Act Website (https://scra.dmdc.osd.mil/) to determine the Defendant's military status. Exhibits 1 and 2.
3. Pursuant to 28 U.S.C. § 1746 and 12 O.S. § 426, I state under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief.
Executed on March 3, 2026.
Randy G. Gordon, OBA # 32583
STUART & CLOVER, P.L.L.C.
130 North Broadway Avenue, Suite 100
Shawnee, Oklahoma 74801
Telephone: (405) 275 – 0700
Facsimile: (405) 275 – 6805
[email protected]
Attorneys for BancFirst
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-0055
Birth Date: May-XX-1997
Last Name: MAREK
First Name: ASHLEY
Middle Name: MAY
Status As Of: Mar-03-2026
Certificate ID: GPLG62927BT96H5
On Active Duty On Active Duty Status Date
<table>
<tr>
<th>Active Duty Start Date</th>
<th>Active Duty End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
</table>
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
<table>
<tr>
<th>Active Duty Start Date</th>
<th>Active Duty End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
</table>
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
<table>
<tr>
<th>Order Notification Start Date</th>
<th>Order Notification End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
</table>
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, Space 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.
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 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. Service contact information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/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(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.
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-0849
Birth Date: Apr-XX-1997
Last Name: MAREK
First Name: COLTON
Middle Name: CLAY
Status As Of: Mar-03-2026
Certificate ID: 7H26ZXZQ01V81ZW
On Active Duty On Active Duty Status Date
<table>
<tr>
<th>Active Duty Start Date</th>
<th>Active Duty End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
</table>
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
<table>
<tr>
<th>Active Duty Start Date</th>
<th>Active Duty End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
</table>
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
<table>
<tr>
<th>Order Notification Start Date</th>
<th>Order Notification End Date</th>
<th>Status</th>
<th>Service Component</th>
</tr>
<tr>
<td>NA</td>
<td>NA</td>
<td>No</td>
<td>NA</td>
</tr>
</table>
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, Space 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.
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 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. Service contact information can be found on the SCRA website’s FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/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(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.