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HomeMy WebLinkAbout11-0328Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 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 140 Corporate Blvd. Norfolk, VA 23502 V. SCOTT C SNOOK 155 W VINE ST CAMP HILL PA 17011 ASSOCIATES, LLC Plaintiff Defendant No. ? • 3!? CAV i ! Ter AA c o -° rr) -o - o© o NOTICE -+ D You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action withing twenty (20) days after this Complaint and Notice are served, by entering a written appearance; personally or by an attorney, an filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. (IS:) ktcao 117b 41 ,??' X5310-1 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866428-8102 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. SCOTT C SNOOK 155 W VINE ST CAMP HILL PA 17011 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demands puestas en las siguientes paginas, usted tienen que tomar action 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 This comnrunication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 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. SCOTT C SNOOK 155 W VINE ST CAMP HILL PA 17011 Defendant COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant SCOTT C SNOOK, is an adult individual with last known address of 155 W VINE ST, CAMP HILL PA 17011. 3. It is averred that Defendant was indebted to Capital One Bank on January 22, 2008 with account number ************3486 (hereafter referred to as "Account"). A copy of the account history is attached here to and collectively marked as Exhibit "A." 4. By using the Account, Defendant agreed to repay any incurred balances and/or charges made to the Account pursuant to the terms and conditions governing said Account. Failure to pay Defendant's incurred charges on the Account is considered a default. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. "Mi:s communication. is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on June 2, 2008. Plaintiff is the purchaser, assignee and/or successor in interest Capital One Bank and Plaintiff is now the holder of the Account. A true and correct copy of the affidavit is attached hereto and collectively marked as Exhibit "A." 9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum of $1,089.89. 10. Despite reasonable and repeated demands for payment. Defendant has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all to the damage and detriment of the Plaintiff. 11. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of Plaintiff and against Defendant, SCOTT C SNOOK, in the amount of $1,089.89, plus costs of this action and any other relief as the Court deems just and reasonable. 1 / Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 09-96137 This communication is from. a debt collector and 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, Tn=Haenbeek hereby states that he/she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date : ! l 09-96137 By744ec2ords t-L- I ' twic?? CustodiThis communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. EXHIBIT A This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************3486 SCOTT C SNOOK Account Holder: SCOTT C SNOOK 155 W VINE ST CAMP HILL PA 17011 Consumer Account Product Code: MC Issuer: Capital One Bank / Assignee: Portfolio Recovery Associates, LLC Account Number: ************3486 Date Account Opened: January 22, 2008 Date of Last Payment: June 2, 2008 Date of Charge Off: January 19, 2009 Balance at Purchase: $1,089.89 Purchase Date: February 11, 2009 Balance at Purchase: $1,089.89 Less Payments: $.00 Balance Due: $1,089.89 09-96137 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AFFIDAVIT State of Virginia City of Norfolk ss. I, the undersigned, T8ny&H0llet*6* , 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, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's records, including a review of the business records transferred to Account Assignee from Capital One Bank ("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 February 11, 2009. Further, 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 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 SCOTT C SNOOK ("Debtor") to the Account Seller the sum of $1,089.89 with the respect to account number (************3486), as of February 11, 2009 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 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 $1,089.89. Portfolio Recovery Associates, LLC By: ll Custodian of Records N, B; R/ C ?? 'rjC?ARYL ?USL Subscribed and sworn to before me on? of Dec . , 2010 Notary Public 09-96137 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. i 0 Annex A Forward Flow Receivable Sale Agreement Amendment Number 2 Exhibit 1 to Forward Flow Receivable Sale Agreement dated February f", 2009 BILL OF SALE Closing Date: February Wb 2009 Capital One Bank (USA), National Association ("Seller"N in consideration of a purchase Price and other valuable consideration, the receipt of which is hereby acknowl, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the We File entitled (which may be in electronic form) to Portfolio Recovery Associates, LLC ("Buyer'), without recourse or representation except as expressly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of February 6th, 2008, as amended, by and between Seller (as successor to Capital One Bank) and Buyer (the "Agreement'). All capitalized terms used, but not defined, in this Bill of Sale shall have the meamings assigned to such terms in the Agreement. The Cutoff Date for the Sale File was February 6" 2009. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION By: (1), Name: onathan Stalls Title: Recoveries MVP goiw2119M.1 W45016aM 0 RPD2a +. i 00113-11 CUSTON?o eroccuour ME TO CAPITAL ONE We are pleased to open your credtt accost This Agroemmt contmos kdxm lion about your account Please red it end keep it Sor your rec?a I In this Agreement: tie words'W, "yotr," and IIyoW ? to each person who signed the appdcadon sod to shone elso who uses the account in any way. The wards Itiwe", "us", "err," mom Chupihl One Bank and its succomors or assigner. We can delay onbemg our rights under 11nia Ageement witghaht losing 1henh. Uskrp Your ACCOUnt. You an make prdsses and obtain cash advances (if cash advances ere an option for your shxxwnt) by using your card, account number, end any account acres chccb (including Purchm Chess, Cbevemom Check, Special Transfer Qzc s and other similar checks) that we may send to yam. When we provide you with account access cheerers, we will tell you whether they will be teamed as purchases, cosh advances or special tnnsfas. Unless we tell you otherwix, Convadonce Checks will always be treated as cash advances. You agree the we are not responsible if aMm refines to honor your account. If you elo not use your occouit, you may cancel it by relining your cad(s) and account access climb to us within 30 days after you receive them. Ceeh F_quIvakant TfWMCUOne. If ash advances are m option for your secant you cm use your account to purchase items, the are directly CMYUtblO to are. These ash equivaleac MMSA ans Will be treated as ash advances and will be billed to the ash advance segment of your account Cash equivalent transectiooa include the purchase of wire ' , ,11r money ardent, bets, lottery tidwK ceaioo gaming chips, and other similar products or services. Your Credit LhWL You agree to melee purchases. or obtain cash advances only up to your ceedt limit. If you have dilbut croft limits far diftent segmems ofyour sccouK you will be infarmod of the credit limits an your periodic statement We may change your credit limit at any time, may link the amount that is available for ash advances, or may exride ash advances er orely from your account We may honor transactions in excess of your credit Ilo»t and those tram actions will be covered by this Agreema t Making Payments. You promise to pay us all amounts due resulting from the = of your account, including any finance charges and other charges dire under the turns of this Agreemem Payments must be made in U.S. dollars. Payments made by a ngpdabk instrument such as a check or a money order must be in a fomr acceptable to ?s and be drawn on a US. firanclal iusdintiom. You must pay at least the minimum payment shown on your statement However, you may pay more than its mhnimumu payment or pay the balance in full In any cane, finmca chum will continue to be assessed during billing periods that you carry a balance regardless of whether or not your statement shows a minimum payment due. We an accept late payments or partial payments or checks and irony orders malaed "payment in full" or other similar language WidWA losing army of our. under this Apooment including our right to receive payment a find. Periodic Shd n w t. Each month you bare, a balaoa in your account we will send you a statement showing all trarmcxios billed to your account: during the billing period. 7boWliog period is die time from ewe stafarmt closing aloe througliSad.mcl dig the nut steremo t closing doe The stateotemt closing date dfdamines the month of a specific biking period. For cocample, your )nanny bOWg period is tie biding period with the statement closing date in Jaomy. R wroe CCwp Irdmadori, A. M1nimian FLrea- Orwge, For each bilking period the your aooouar is suduject to a finance chary; a mimmnnl toll finsm= charge of $0.50 will be imposed If the wW &am draw resulting from the application your periodic raft(s) is less than $0.50, we will subtract ilia anoint firm the $0.50 minimum and the di wcnce will be billed to the pluchrse segment of your account B. Aec rub g F6rea- ChwV. You may not avoid finance charge on cash advances and special , Iota. You may avoid finance charge on DOW prdases, new Special purchases, and on new other charges by paying the total new bdomoe is full prior to the data your payments due (ft is the gran period on new purchases). If you do not pay the entire new balance from the previous monthly saferoent, finance charge Will ecmhe on the entire previous new balance firm the first day of the new billing period Fmimace charge, when applicable, will be + assessed as follows: • Transactions made during the cuareot billing period: from t aosectim date. • Undaaed transactions and transactions made with convenience checks: fitim the date the transaction is processed to your account • Trantactieos made prior to the =rent billing period: filers the firm Wonder day of the currant billing period G Palo& Rate. We determine the daily periodic rate by dividing the aural percentage rate by 365 (if your billing address when you opened your account was in 1A or WI and you have not used your account after 10131198, we use monthly periodic tube deoamined by dividing the annual percentage rate by 12), and minding it rip to the nearest 1/1000th of 1%. The rate may be difErei t for each segment of you account (e g. cash Wvaroe, prdrase, spacial pu rcbsm and Special transfer if applicable for your eccoart). You were told the daily periodic rate(s) when you opened your account If your account has an introductory rue(s), the rate(s) will remain in effect unless you are 30 days or more late is making a payment or are overlimk in which use the periodic race(s) may be changed to the postirtrodugay rate(s). If any other rue changes are, made subsequent to your swain opening, you will be advised of the new rate. D. Cdodattrag Furnace Charge We akaaloe finance charge each day by muhiplying the balance of each segment of your account (e.g. ash Wvm% peal purchase, Vocial and special transfer) by the daily periodic rue(s) the has been previously disclosed to your. Each day during the bill" cycle, we apply the daily periodic rate for each sagrow of your account to tie daily balance of each segment. We that add W the results of these daily calculations to arrive at your total periodic & am charge. To gotta separate daily balances for each segment of your account for the current billing cycle, aci day we take the aepaate beginning belan= for each. segment and separately add any trutsectios and any lac flawce charges calculated on die previous day's balancer fir each segmonL We then subbW army payments or nadirs posted as of the day that are allocated to each segment This gives us the aepaue daily balances for each segment of your account However, tie daily balance for purchases is considered to be Zero for each day of die current Wlirg cycle if you paid in full the New Balancq if any, shown on your previous statement (or if your New Balance was nxro or a auk amount). If your billing address when you opened your scoot- was in IA or WI and you have not used your account after 10f"3I/98, finmice chap a figured by applying a moodily periodic rue to the average daily balance of your ahxxncmt excluding; fins= chase, E YarkWe Rater Where, and when variable rues apply to your account, the raft(s) may vary moodily band on changes in the highest one (1) mouth Laudon Interbank Offered Roe (LIBOR) published in the "Monty Roos" section of The Wall Street Jownd on the 5th day of each month, or if rot published on the day, on the mat recent daft of publication prior to them day; any changes will be effecirm with your Billing Period ending the following month. If tit periodic rut(s) and corresponding amral p rte(s) increase, the sum charge will increase and your mW-- psymst may be greater, F. Cash Aefiwrrct Fee Asmrce CJharge. If a caste advance fix applies to your aoxcurr, you Were told the fee when you opened your account The fee will be charged each time you obtain a ash advance and will be added to the cash advance segmart of your account. If die Lee is changed subsequent: to your aocohnt opmmg, you will be advised of the now fee. Odwr QwVO , The following charges may be billed to the purchase segrie nt of your account late cl arge if we do M receive your payment in time for it to be credited to your account by the due due shown an your periodic statanat (If your billing address (eudesed on rewem) r.swfal n.. i. • n..a.......a.r(`...b.l n_. ot..__.L.t n___?u__ was in IA when you opened your account and you bare not used your account efbr IMI/99, payment must be received within 10 days after the due dale.): overlimit clangs if your account owes& is assigned credit Bust, evert if we approved to ovafmit amaat; retuned check charge if a check is retuned to us Ibr my rear r or if we amot boom yak aooont a cams theca for arty reason; and copying charges for dupllate copies of transectoet or sWmnet runless requied for brig dbpub resolution. These charges will not be assessed ifyour billing addreas was in PR when yaw account was opened or if your billing aduI was in WI when your account was opened and you have not used your account after 108 INS. The fee amounts were disclosed b you when you opened your aoeourt Ifany of these fees are changed subsequent to your account opardn& you will be advised of the new fee. Me Mersillp Fees N your amount bas a memberabil- feet was disclosed to you when you opened your account The fee will be billed to the purchase aegroaot of your socouaL ff the flee is dmgpd subsequent to your account opening, you will be advised of the change. Fukn Offan. Me terms of any findae offer will be disclosed to you at the time the offer is made. If you sompt an offer, the rearm will becxane emotive momedieldy unless otherwise specified m the offer. Default we may consider you to be in default under fhb Agarneot if! (a) you fog to pay ere minimum payment on time, or (b) you exceed your credit limit To due exeunt permitted by low, you may also be in debult coda this Agrearom M (1) you violist any of the other emm of this Agreement, or my of fire tams of my other agreement with us or any of our affiliates, or (2) you made any fiube or misleading stabments oa yak WpUcad , or (3) bmkrWW or other imsnlvency proceedings are indoted by you or against you. After you am in daSut (or after we On you any notice of or right to cum fire dehut if rup*W by lawl we may restrict your accost from new u onsadices, or close your mom and demand iusme 1. - payment of the entire o blandisg balance. Tote exbnt petmtte 1 by law, you agree to pay ell coat cosh and collection expenses banked by us in the collection of my menount you on us under the Ageemem Myou ddanit and we retir your auxxaint for collection to an attorney who is net our salaried employee, to Me garment pwmibd bylaw, YOU agree to pay reasonable MorurN Am YOU also agree to pay any eoab we may incur in nxrievmg your cards, including any costswe nay i cur by ba ft you sooount placed m a restricted list It You Cbss Your Aeoouft You can close your account by notifying us in wrifmg. If you dose your account, you must still pay all amounts you acre us and will be responsible for my d>ages thet you a mound prior to giving us your notice. If there is a membaahip fee for you account, the fee will condram to be dstged, to the extent perms by law, until the aaornt balance has ban paid in full. You mast abo return all cards and account access theca to uk cancel all pmanthmmd billing arampnenb and cease using yaw aooount Ifyou want to seep an a timized user's access to your sooomt, you asst send us wrilsm notice along worn the user's card (if any) and my account atom checks he or she may have. If you am unable to ratan that person's cad and account access chain, and you advise us in writing to dome yak accou 1 your aomuut will be closed and both you and due joint cardbokkr, tf any, nay apply for a new aCOinnt. If we close tiro mocornt you and dm4oi d: cardholder, if arty, will still be liable, individually and together, for all amounts charged to you account UU1u.J-11 B We Cancel Your Ac much or Suspend Credit iilvgeges. We may at say dme, with or widwA came and advance notice, unmade his Agreement mdlor temQoruOy a?pemly arepeed your credit privileges M& includes, but is not limited to, situations wham you have violated dos Agremsent or where we have reason in doubt year o edilwathium (br a mn* ifyou pay us wih insufficient Mds dmb on more than an occasional basia). Your obli W m under tbh Agreement cotdmue after your rights to obtain credit have been tenaioeted or suspended, we may deity in emforciog our rights under this Agreerneot wtbout losing them. Changes In Timm we may mend or champ my part of your Agreement, including the periodic rates and other cbmM or add or remove m*mm b at any tine. If we do so, we will give you notice ifregnired by law of such anendmeot or change. Changes to In rend parcenbgp rate(s) will apply b your account balance from the eflbctiive deb of the change, whether or not the aceouart balance included ftema billed to the account before the change date and whether or net you continue to use the account C7rmg<s to fi= and other clmrges Well apply to your account fiem to dketive deft ofdo chan®e. . , Appiloabb LIMA Thos Ageement will be governed by Virginia law and Federal law. SevwaW. The invalidity of any provision of this Ageernent shell not affect the validity of any other provisions. Lost or Stolen Cards or Account Amm Cheda. If your cards or account au== checks are lost or dolm or if someone else may be using them without your permission, notify us at once by calling the Wome umber shown an the ficat of your periodic soaf rneft Your lisbilify for tnn>emind use of your cards or account room chocks will not exceed $50.00. You will not be liable for tmanthotined use that occurs aft you notify us. Your BilBng Adtiess. You ogee to give us written notice of any change in yaw billing address at least 10 days belbre the change. Comes may be wrtsen in the space provided an the remittance coupon portion of your periodic atatamm?s or may be sent to the following address Capital One, P. O. Boot 85015, Richmond, VA 23285-5015. Ifyour accountis a joint socount or if more than one parson is Ian loom it, Yon agree that all notioee regtsrlirg the account may be amt solely to the address dxnvn on or billing Commur**10 e. we may call you (using Ilve operators, automatic dmi% devices, or recorded messages) at home or work and those alts will not be considered unsolicited. We may monitor or record my cdb we make or receive. we may release inform dM to others regarding the alms or history of your aooant we may maim inpufrlea of d" parties in oonneCdon with manbmg and collecting your account, and you sudmmt such third pates to release information about you to us. Cardholder Berwft Cardbolder baneelks may be cringed or terminated without notice, The bme6tr may be provided by third parties: we am not liable for such bemeSb or fbr the actions or omissions of the third parties. U.S. Currency. If yon mere a purchase or cob advance in lbreigo currency, the transaction will be converted iota U.S. Dollars using Visa or MaderCerd rgpMons and Visa or MasterCard may large you a conversion fee. The tab im effect on the conversion date may dif r from the ranee used on the transaction date. 20100428_RMAPRA_9 3483486-20100428-stmt.txt 1 CYCLE # 17 CAPITAL ONE CYCLE FACSIMILE REPORT 03/18/2010 - 04/17/2010 PAGE 8931 ACCT-10: X639 CARD# 3486 STMT-TYPE: ENGLISH TPC: MP HOLD: 000 SAC-PGM': PREY-BALANCE: $1,082.21 PYMTS&CREDITS : $0.00 $0.00 TRANSACTIONS: $0.00 NEW-BALANCE : $1,082.21 MINIMUM PYMT : $259.00 $0.00 DUE-DATE : 05/14/2010 CREDIT-LIMIT: 300 CREDIT-AVAIL : 0.00 300 CASH-AVAIL : 0.00 RPAY-TOT14THS: 0 RPAY-TOTCOST : $0.00 $0.00 36MA-TOTCOST: $0.00 INTEREST-CTD: 50.00 INTEREST-YTD : $0.00 $0.00 F€€-AMT-YTD : $0.00 HIGH-LATEFEE: $39.00 HIGH-PNLTY-APR: 23.15% 0.000 CLOSE-DATE : 006: N MISS-ADDR: N 8K-HOLD: N BANKRUPTCY: N LEGAL: N CTC-CHG-IND: ARCH: Y REASON: 04 HARDCOPY: 04 ACTIVE WATCH: WO CRED-RVK: PD CUR-PD: 00 CTC IND: INS: 511 RETURN-MAIL: CHARGED-OFF: BO XFER: FRAUD: OL: 11 MULTI-IND: S PROV-ID: 000001 US PROF-CNTR: 0000000001 COS SERVICE-OWNER:. 000011 Mainstreet OL-OPTIN-IND: TBAL C/I BALANCE REWARDS: N INTR CHRGS LATE FEE CASH-LIMIT 36MA-MTHPAY: FEE-AMT-CTD: OVERALL-APR: NEW: N EBPP: N CLOSE: AMOUNT RATE CORR APR INTEREST CHRGS SCOTT C SNOOK Purchases 0001 02 0.00 00.0394SOO 0014.400000000 0.00 155 W VINE ST Cash 0002 02 0.00 00.0424400 0415.490000000 0.00 CAMP HILL PA 17011634755 US TRANSACTION DATA SUMMARY NAME: SCOTT C SNOOK CUST TYPE: 0 PRINT AREA: 001 NUM OF CREDITS: 00000 AMT OF CREDITS: $0.00 PYMTS : 00000 AMT OF PYMTS : NO CREDIT TRANSACTIONS FOR THIS CYCLE $0.00 NUM OF NAME: SCOTT C SNOOK CUST TYPE: 0 PRINT AREA: 020 NUM OF DEBITS : 00000 AMT OF DEBITS : $0.00 NO DEBIT TRANSACTIONS FOR THIS CYCLE Page 1 1 20100428-RMAPttA_ X349 3485-20090119_stmt. txt CYCLE # 17 CAPITAL ONE CYCLE FACSIMILE REPORT ' 12/18/2008 - 01/17/2009 PAGE 9917 ACCT-ID: dWED0639 CARD#E 3486 STMT-TYPE: ENGLISH REWARDS: N FEE-FOR-BALANCE: N PREV-SAL: $1,030.42 PAYMENT&CREDITS: $0.00 FINANCE CHRGS: 512.79 TRANSACTIONS: $39.00 NEW-BALANCE: $1,082.21 MINIMUM PAYMENT: $259.00 LATE FEE: 539.00 DUE-DATE: 02112009 CREDIT-LIMIT: 300 CREDIT-AVL: 0.00 CASH-LIMIT: 300 CASH-AVL: 0.00 OVERALL-APR: 14.700 TPC : MP HOLD: 000 CLOSE-DATE: OOB: N MISS-ADDR: N WATCH: WO CRDT-REV: PD OL: 11 PD: 07 CTC IND: INS: 511 PC: 0000000001 ARCH: N REASON: 00 HARDCOPY: 04 NEW. N EBPP: N SERVICE-OWNER: 000011 SAC-PGM: CLOSE: CHARGED-OFF: XFER: FRAUD: SK-HOLD: N BANKRUPTCY: N CHARGEOFF: N LEGAL: N FRAUD: N TRANSFER: N CTC-CHG-IND: PROBE-IDS: LINE: DELQ: OVLM: AUTH: REIS: PROD: PRIC: USR1: USR2: USR3: MESSAGE-IDS: PAST-DUE: INSURANCE: TRIAD M1: R0002 TRIAD M2: TRIAD M3: XFR: TEAL C/I BALANCE AMOUNT RATE CORR APR FINANCE CHARGE SCOTT C SNOOK Purchases 0001 02 1,019.75 00.0394500 0014.400000000 12.47 8023 ROUTE 28 Cash 0002 02 24.34 00.0424400 0015.490000000 0.32 MAYPORT PA 16240210723 Us TRANSACTION DATA TRANDATE REFERENCE NUMBER MERCHANT DESCRIPTION TRANS-AMOUNT POSTDATE C/O FC CARD NUMBER 01122009 PAST DUE FEE 39.00 01122009 D N3486 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Page 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4?tititlp 01uurLtr44 FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 24 PM 2: 4 1 CUPENNSYLOVAN A TY Portfolio Recovery Associates, LLC Case Number vs. Scott C. Snook 2011-328 SHERIFF'S RETURN OF SERVICE 01/20/2011 05:57 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on January 20, 2011 at 1757 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Scott C. Snook, by making known unto himself personally, at 155 W. Vine Street, Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 January 21, 2011 RYAN BURGETT, DEPUTY SO ANSWERS, ROW r R ANDERSON, SHERIFF ..r Cot I1i* JUltf. 5h8":ft. (E''-.'"'soft. II':;. i 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. 2011-328 SCOTT C SNOOK 155 W VINE ST CAMP HILL PA 17011 Defendant Filed on Behalf of Plai CounselAf record for s P y Date: a€Hrc ? 2011 c mm rn- PRAECIPE FOR DEFAULT ?= ? -v m JUDGMENT u'? _?• co =o oc F,? tv 7 ?sTo ?- Robert N. Polas, Jr., Esquire, #20125 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-888-772-7326 (F) 757-518-0860 Attomeys for Plaintiff This communication is from a debt collector is an attempt to collect a debt. Any information obtained will be used for that pupose. cv +t , a 3 TZw gkt67 4?hcc W t 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. 2011-328 V. SCOTT C SNOOK 155 W VINE ST CAMP HILL PA 17011 Defendant PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant, SCOTT C SNOOK , for failure to answer the Complaint. Date: (X) Amount Due $1,089.89 Less Credits $.00 TOTAL $1,089.89 (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 enter d to his/her Attorney of record, if any, after the default occurred and at least ten days prior t rw of the filing of this praecipe and a copy of the notice is attached. r Robert N. Polas, Jr., Esquire #2012s9'? 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 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 Boulevard Norfolk, VA 23502 Plaintiff No. 2011-328 V. SCOTT C SNOOK 155 W VINE ST CAMP HILL PA 17011 Defendant 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 $1,089.89, 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. MAR 8 *201t (L,Kf 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) 757-518-0806 Attorneys for Plaintiff This communication is from a debt collector is an attempt to collect a dent. Any infoirnation 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 (E_">T) February 15, 2011 SCOTT C SNOOK 155 W VINE ST CAMP HILL PA 17011 09-96137 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. SCOTT C SNOOK 2011-328 Dear SCOTT C SNOOK: 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 (I)k 01011-0rMMIC")(101r k from a `ebt ; ;,; Otte r???t ;,?. '"CI12f1;Sc)Fl SflC ?"? 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. 2011-328 V. SCOTT C SNOOK 155 W VINE ST CAMP HILL PA 17011 Defendant TO: SCOTT C SNOOK 155 W VINE ST CAMP HILL PA 17011 DATE OF NOTICE: February 15, 2011 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 X7, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATE, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. 2011-328 V. SCOTT C SNOOK 155 W VINE ST CAMP HILL PA 17011 Defendant AFFIRMATION OF NON-MILITARY SERVICE The undersigned counsel, as attorney for plaintiff, herein affirms under the penalties of perjury that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief, the above named Defendant, is over 21 years of age; is last known to reside at 155 W VINE ST CAMP HILL PA 17011 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. Date: Robert N. Polas, Jr., Esquire, #20125 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 09-96137 This communication is a dent collector and is an attempt to collect a debt. Ariv information obtained will be tised. or that purpose. Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Mar-01-2011 15:33:23 -' Last First/Middle Begin Date Active Duty Status Active Duty End Date Service Name Agency SNOOK SCOTT C 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). 14. v 10 1 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 htip:Hwww.defenseliiik.mil/fN/Tis/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, a middle 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 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 § 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 (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 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:286EOODTFQ