The URL can be used to link to this page

Home My WebLink About10-5299Carrie Brown, Esquire PA Bar # 94055 Robert N. Polas, Jr., Esquire PA Bar # 201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. WILLIAM L CLEMENTS 148 SABLE DR CARLISLE PA 17013-3120 TRACY L CLEMENTS 216 YORK RD CARLISLE PA 17013 No. IO - X01 901 ?iV?1 1 - cna f.I • - Fa Defendants NOTICE k? You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within 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 NO 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 Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Pennsylvania Lawyer Referral Service f ?O u-`t (800) 692-7375 Ik zy67/ 7 'rws communication. is from a debt collector is an attempt to collect a debt. Any information obtained will be used .for that purpose. Carrie Brown, Esquire PA Bar # 94055 Robert N. Polas, Jr., Esquire PA Bar # 201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. V. WILLIAM L CLEMENTS 148 SABLE DR CARLISLE PA 17013-3120 TRACY L CLEMENTS 216 YORK RD CARLISLE PA 17013 Defendants NOTICIA USTED HA SIDO DEMANDADOI A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o obejciones a las demandas puestas. en esate contra usted. usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. usted puede perder dinero o propiedad o otros derechos 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 AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Pennsylvania Lawyer Referral Service (800) 692-7375 Carrie Brown, Esquire PA Bar # 94055 l'liis communiCation is frorn a debt collector is an. attempt to collect a debt. any infortuation obtained will be used for that purpose, Carrie Brown, Esquire PA Bar # 94055 Robert N. Polas, Jr., Esquire PA Bar # 201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866428-8102 FAX: 757-515-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. No. /0" S-)-79 cN r 1 f c.ln4, WILLIAM L CLEMENTS 148 SABLE DR CARLISLE PA 17013-3120 TRACY L CLEMENTS 216 YORK RD CARLISLE PA 17013 Defendants COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendants, WILLIAM L CLEMENTS and TRACY L CLEMENTS, arean adult individuals with last known address of 148 SABLE DR, CARLISLE PA 17013-3120. 3. It is averred that Defendants were indebted to AmeriCredit Financial Services on October 16, 2008 with account number *****5947 (hereafter referred to as "Account"). A copy of the account history is attached here to and marked as Exhibit "A." 4. By using the Account, Defendants 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, Defendants have used said Account for the purchase of products, goods and/or for obtaining services. This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used -for that purpose. 6. Defendants were 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 Defendants. 7. Defendants were 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 December 15, 2008. 8. Plaintiff is the purchaser, assignee and/or successor in interest to AmeriCredit Financial Services and Plaintiff is naJ the holder of the Account. A true and correct copy of the affidavit is attached hereto as Exhibit "B." 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 $1,082.38. 10. Despite reasonable and repeated demands for payment. Defendants have 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 Defendants, WILLIAM L CLEMENTSandTRACY L CLEMENTS, in the amount of $1,082.38, plus costs of this action and any other relief as the Court deems just and reasonable. C Brown, Esquire # 94055 Robert N. Polas Jr., Esquire # 201259 09-13368 This communication is front a debt collector is an attempt to collect a debt. Any information obtained -will. be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, hereby states that she/he 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: of Renn dB U"HWUnbeck PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account : *****5947 WILLIAM L CLEMENTS TRACY L CLEMENTS Account Holders: WILLIAM L CLEMENTS 148 SABLE DR CARLISLE PA 17013-3120 TRACY L CLEMENTS 216 YORK RD CARLISLE PA 17013 Consumer Account Product Code: AUTO Issuer: AmeriCredit Financial Services,Inc. Assignee: Portfolio Recovery Associates, LLC Account Number: *****5947 Date Account Opened: June 22, 2002 Date of Last Payment: December 15, 2008 Date of Charge Off: August 16, 2006 Balance at Purchase: $1,182.38 Purchase Date: October 16, 2008 Balance at Purchase: $1,182.38 Less Payments: $100.00 Balance Due: $1,082.38 --A- This communication is from a debt collector and is an attempt to collect a debt. Any inforniation obtained wil I be used for that purpose. AFFIDAVIT State of Virginia .... City of Norfolk ss. I, the undersigned, Tanya Hollenbeck, Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 120 Corporate Boulevard, Norfolk, Virginia, and I am authorized to make the statements, representations and averments herein, and do so based upon personal knowledge and a review of the business records of the Account Assignee and those account records transferred to Account Assignee from AmeriCredit Financial Services ("Account Seller"), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on October 16, 2008. Further a review of the records reveals that the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the account records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from WILLIAM L CLEMENTS and TRACY L CLEMENTS ("Debtor and Co-Debtor") to the Account Seller the sum of $1,182.38 with the respect of account number (*****5947), as of October 16, 2008 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the account records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, there is currently due and owing the sum of $1,082.38 . Portfolio Recovery Associates, LLC 1 By. ffiYa Custodian oSu cribed and sworn to efore me on - of , 2010 r, Kookw akndt k0ammad 1. A Cameonwaaith of mrginla otary Public Noun Public ., OQMWAalsn No, 372039 09-13368 My QWW"W fto! L4d§12012d12 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC Litigation Department 11 i• r ZXNENTS OU OF SAIX AND ANKG?44=r OF ACCOIIII'T!I AdedC me Fieaeeiil Saevbaa?, ho- a -, ; H-a s? wee " drr the bum of fldsWOW wa I& >x 'O picas nf%siess d 101 lased lb*4 &W 3ti00. Put V4 9k Tar 7X103 ("sriirn baaadp sbwift* aw4 Os¦sh Md^ aWI-owet -ad mveys to lbet Xmited lisbMkltae-v--! used drd4'tV hews afDrisMare wit Is ' AmWkk , L AA a CaR?omg BK No VA 235 Rn? P? ttf ienbe?s at 13D w?rnel(rR mip+ 1 ar• b VHK af (% wliart rsoelters and withotR tep+ssealatisus a Mmhmhw da bw* 4M Mod at =a* ae at ft6 b dw A - (e) d of Sdkft AIW. As ad ioMrelrt b sod b sUeh 6f to Aooewo' dertiAed in the Aamwa t .sebsdsk al I&M ba" to 0 MdViLL "Aomoeta-A sad M d P pv. ?!wt arwbsrpenesseb afsey lbd wft - lp eot to ft Ammoo,R bet aeebdVe?. may pelsnm or other an - Iaestioa reodred b, err ca bdulf of SsUw an or Pdor b bbiobe 14, 2004. wblreeaF NI -b the ACOWA d, Tbb 10 of X1sis 4 ? ree Od and idtverai paesemt to ad 6 soooedmm with the ft s and pevmm thatawr.i Pwdm e mdiirls AStaaamt &u64rgd saMeaed bM by aad biwwolY iZe1Mr. and the DNW dstad Odobir ld, 200% ('ie "Agmwmw°•),~IM Aeooma see 1-8 - mid eo ra d by the sad re b ft eoava}ed bumbq m-11 m loSe lmau, moat ad log hiam set ibrde hb the ApommuL Tbb Sip of S* *all be ptieeead by tbs• lmrs Of the ftm at r=n whhow rqW to the oaaffimof. Is" enise tbeeeeoC DAM Oebbw la 2000 Zt VXT% Dom. 9!'? NftK I 1 1011 NMW Tme CO-Cb OpaeaEbK omm STAT$ OP TOM ) d, Of KWIF OP TARRANT ) On this the 1QIh 84' of October, >di , badrre err the sobw, peeeotialU 4i tirelee )'diner. wbo aeidswb?d y WWV f to bs doCb?,7Kd qw4we Oll m of AsW. 10dt Pbo add Ether` * hw. a Dimas aePo tar sldter of oo >hrepri isA t. me * hoist r FA& decd an nch ??? d +?f ft Isere to be NOW llar iot and ? s ; I Iiaa?eeueeo sat ? Med. NOINY Pbblk Mr?w? LAURA P'RUMr srra" T t *low aft A 4 G 2a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, VA 23502 Plaintiff V. WILLIAM L CLEMENTS 148 SABLE DR CARLISLE PA 17013-3120 TRACY L CLEMENTS 216 YORK RD CARLISLE PA 17013 Defendants Date: i No. 10-5299CIVIL PRAECIPE FOR DEFAULT JUDGMENT L M- Cn b I .CJ --I p ?G7 C N yt'i Filed on Behalf of Plaintiff Counsel of record r is Party -C Robert N. Polas, Jr., Esquire, #2012: Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-888-772-7326 (F) 757-518-0860 Attorneys for Plaintiff This commuliication is from a debt collector is an attempt to collect a debt. Any information obtained will be used for that purpose. AA,,••?? I A?ba J U???" yV4ye ?? as3 boo IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, VA 23502 : Plaintiff No. 10-5299CIVIL V. WILLIAM L CLEMENTS 148 SABLE DR CARLISLE PA 17013-3120 TRACY L CLEMENTS 216 YORK RD CARLISLE PA 17013 Defendants PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendants, WILLIAM L CLEMENTS and TRACY L CLEMENTS, for failure to answer the Complaint. (X) Amount Due $1,082.38 Less Credits $.00 TOTAL $1,082.38 (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (X) Pursuant to PA.R.C.P.237 (Notice for Final Judgment or Decree), I certify that a copy of this praecipe has been mailed to each other party who appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P.23 1. 1, I certify that a written notice of intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of record, if any, after the default occurred and at least ten days prior to the to of the filing of this praecipe and a copy of the notice is attached. Date:` Robert N. Polas, Jr., Esquire #201259-----` Carrie A. Brown, Esquire #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-888-772-7326 (F) 757-518-0860 Attorneys for Plaintiff This conununication is from a debt collector is an attempt to collect a debt. Atiy in.forinat.ion obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, VA 23502 Plaintiff No. 10-5299CIVIL V. WILLIAM L CLEMENTS 148 SABLE DR CARLISLE PA 17013-3120 TRACY L CLEMENTS 216 YORK RD CARLISLE PA 17013 Defendants NOTICE OF JUDGMENT (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $1,082.38, plus interest, on. (X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are attached. By: If you have any questions regarding this Notice, please contact the filing party . Date. ?- ID_ Robert N. Polas, Jr., Esquire # 201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-888-772-7326 (F) 757-518-0806 Attorneys for Plaintiff This communication is from a debt collector is an attempt to collect a debt. Ariv information obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC Litigation Department 140 Corporate Boulevard Norfolk, VA 23502 Telephone 1 (866) 428-8102 Fax: (757) 518-0860 Hours of Operation: Monday through Friday 8 AM to 9 PM (EST) November 13, 2010 WILLIAM L CLEMENTS 148 SABLE DR CARLISLE PA 17013-3120 09-13368 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. WILLIAM L CLEMENTS 10-5299CIVIL Dear WILLIAM L CLEMENTS: Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, Robert N. Polas, Jr., Esquire Carrie A. Brown, Esquire Attorney ID# 201259/94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 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 - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. WILLIAM L CLEMENTS 148 SABLE DR CARLISLE PA 17013-3120 Defendant TO: WILLIAM L CLEMENTS 148 SABLE DR CARLISLE PA 17013-3120 DATE OF NOTICE: November 13, 2010 No. 10-5299CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Ca-lisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 Robert N. Polas, Jr., Esquire Carrie A. Brown, Esquire Attomey ID # 201259/94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, Va 23502 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, PORTFOLIO RECOVERY ASSOCIATES, LLC Litigation Department 140 Corporate Boulevard Norfolk, VA 23502 Telephone 1 (866) 428-8102 Fax: (757) 518-0860 Hours of Operation: Monday through Friday 8 AM to 9 PM (EST) November 13, 2010 - F,AC'1 L CU-mc T 148 SABLE DR CARLISLE PA 17013-3120 09-13368 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. WILLIAM L CLEMENTS 10-5299CIVIL Dear Tay L, Q.Lcmr4ls Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincere , Robert N. Polas, Jr., Esquire Carrie A. Brown, Esquire Attorney ID# 201259/94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA Attorneys for Plaintiff 'T'his communication is from a debt collector is an attempt to collect a debt. Any information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. Docket Number V. TRACY L CLEMENTS 216 YORK RD CARLISLE PA 17013 Defendant TO: TRACY L CLEMENTS 216 YORK RD CARLISLE PA 17013 DATE OF NOTICE: November 13, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 Robert N. Polas, Jr., Esquire Carrie A. Brown, Esquire Attorney ID # 201259/94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, Va 23502 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 pm-pose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATE, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. WILLIAM L CLEMENTSand TRACY L CLEMENTS 148 SABLE DR CARLISLE PA 17013-3120 Defendants No. 10-5299CIVIL 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 148 SABLE DR CARLISLE PA 17013-3120 and is not in the military service of the United States or its Allies, or otherwise within the provisions of the Service Members Civil Relief Act and its Amendments. --ld- /0 Date: ?.. Robert N. Polas, Jr., Esquire, #2012-5#-- Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff 09-13368 This coimnunieatim 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 Nov-29-2010 09:17:19 Military Status Report 09-13368 Pursuant to the Service Members Civil Relief Act K, Last FirstfMiddle Begin Date Active Duty Status Active Duty End Date Service Name Agency CLEMENTSTRACY Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. ........ Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). y, Ott Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Service Members 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 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 is on active duty, 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:IM+ww.defenselink.mii/fag/pis/PC09SLDR.html. If you have evidence the person is on active duty 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). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, amiddle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of-contact. More information on "Active Duty Staves Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days 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 TARS, Marine Corps ARs and Coast Guard 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 (NOAH Commissioned Corps) for a period of more than 30 consecutive days. 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. 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 SCRA extend beyond the last dates of active duty. Those who would 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 name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID-,91JDQ8`1GR Department of Defense Manpower Data Center Nov-24-2010 13:32:45 Military Status Report 09-13368 Pursuant to the Service Members Civil Relief Act Last First/Middle Begin Date Active Duty Status Active Duty End Date Service Name Agency CLEMENTS WILLIAM Based on the information you have furnished, the DMDC dues not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force', NOAA, Public Heafth, and Coast Guard). olt Mary M. Snavey-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility' Reporting System (DEERS) database which is the official source of data on eligibility for military m ed'ical care and other eligibility systems. The DoD strongly supports the enforcement of the Service' Members 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 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 is on active duty, 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.mit" URL httD:fhvww.defenselink.miUFao/Dis1PC09SLDR.html. If you have evidence the person is on active duty 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). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate forthat query. This response reflects active duty stags including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of-contact. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by, the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502M 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 TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed' Service member who is an active duty commissioned officer of the U.S. Public Heafth Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. 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. Many times orders are amended to extend the period of active duty, which would' extend SCRA protections. Persons seeking to rely on this webske 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 SCRA extend beyond the last dates of active duty. Those who would 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 name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. R purf it ;'LPJGH R RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Receipt Date 1/03/2011 Carlisle, Pa 17013 Receipt Time 14:15:49 Receipt No. 253100 PORTFOLIO R ECOVERY ASSOCIATES (VS) CLEMENTS WILLIAM L ET AL Case Number 2010-05299 Received of PD BY ROBERT N POLAS JR ATTY BB Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... = 14.00 Check# .00 .00 $14.00 44440 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount JDMT/DEFAULT 14.00 CUMBERLAND CO GENERAL FUND $14.00