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HomeMy WebLinkAbout11-1979Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 ?'? Portfolio Recovery Associates, LLC FILE - 140 Corporate Blvd. TIC pZCTP;ONOTARY Norfolk, VA 23502 C 9 TELE: 1-866-428-8102 7'111 FR , I PM Z'i FAX: 757-518-0860 Attorneys for Plaintiff r 'MBERI AND COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY 140 Corporate Blvd. Norfolk, VA 23502 V. SHERRY M HELM ASSOCIATES, LLC Plaintiff 17 CHEROKEE DR SHIPPENSBURG PA 17257 Defendant NOTICE No. 11- 1970/ 01 v "' 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 J0 pa ?%) F1614S (',r tt (l-7 9-2 3 -k? 1,,-g a5S 3SI 7 his coniniunication is from a debt collector attd is art attempt to collect a debt. Any information obtained will be tised for that ptu-pose. 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. SHERRY M HELM 17 CHEROKEE DR SHIPPENSBURG PA 17257 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 accion dentro veinte (20) digs 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 falls 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 'I'ttis coirt1nunication is frorn a debt collector- and is an attempt to collect a debt. An, information obtained will be tised ft)r tEtat -turpose. 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. SHERRY M HELM 17 CHEROKEE DR SHIPPENSBURG PA 17257 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 SHERRY M HELM, is an adult individual with last known address of 17 CHEROKEE DR, SHIPPENSBURG PA 17257. It is averred that Defendant was indebted to CAPITAL ONE BANK on November 1, 2005 with account number ************2606 (hereafter referred to as "Account"). A copy of the account history is attached here to and collectivelymarked 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. At all relevant times material hereto, Defendant has 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 dent. Any inforniation 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 August 8, 2007. 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 $1,030.59. I O.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 detrimert 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, SHERRY M HELM, in the amount of $1,030.59, plus costs of this action and any other relief as the Court deems just and reasonable. i Robert N. Polas Jr., Esquire # 201 X5.2_----- Carrie A. Brown, Esquire # 94055 10-01717 This communication is froth a debt collector and is an attempt to collect a delft. Anti information obtained v ill be used f'or that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, KCHYM-Robexti 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 unswom falsificationto authorities. Date : 10-01717 B ey Cust (!Icords This 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: ************2606 SHERRY M HELM Account Holder: SHERRY M HELM 17 CHEROKEE DR SHIPPENSBURG PA 17257 Consumer Account Product Code: MC Issuer: CAPITAL ONE BANK / Assignee: Portfolio Recovery Associates, LLC Account Number: ************2606 Date Account Opened: November 1, 2005 Date of Last Payment: August 8, 2007 Date of Charge Off: March 25, 2008 ' Balance at Purchase: $1,030.59 Purchase Date: April 14, 2008 Balance at Purchase: $1,030.59 Less Payments: $.00 Balance Due: $1,030.59 10-01717 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, Kelly M. Roberta depose, affirm and state as follows: Custodian of Records, for Portfolio Recovery Associates, LLC hereby 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 April 14, 2008. 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 SHERRY M HELM ("Debtor') to the Account Seller the sum of $1,030.59 with the respect to account number (************2606), as of April 14, 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 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 $1,030.59. Portfolio ecovery oci tes, LLC By: Ke M. Roberts ustodian of Records Subscribed and sworn to before me on o y-?- 2011 ucretia Ann etnen4u!v Commonwealth Of.\ rgirna Public Notary Public . Commission No. 7042513 My Commission Expires /30/2014 10-01717 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose, .bthibiit3 to 1i`omardV9ow RgoWvabfs.#tie Aymm ag datod February Ot MOO BYL Qb' "L9 q xVt*t APO It 2098 cwt °ps:Bnka Aesop t?`8e1er"?,t..t a Toolp "Of AL2 Fanehoo PA0 of ??4r y t all rat, dtfe and to tea e --- .? w Np*pqmwm lets on* l d l nytaac ?! , rat is the 1w. -of ill si+ l 1 .as ignod to tafta in ft The piW Data for tW b* File WOO A .f& r 2008. T!b 0 idd bolow oftho'Ad 40 A bootwo vm NB BAIL A.110MALA88OM47TON Name,. ? . Titt?.?tp . .. OW 60(v WF.Lc ME TO CAPITAL ONE We we pleased to open your credit account This Agreo in t eoofams im6onuadon abort your account. Please road it and keep it for your records. In this Agreement the words "you", "your," and "ymtas" refer to each person who signed the application and to anyone else who uses the account in any way. The words "we", "us", "our," mean Capital One Back and its successors or samgos. We can delay enforcing or rights under this Agreement widvA losing them. Using Your Ac=mL You can make purchases and obtain cash advances (if cub advances are an option for yore account) by using Your card, account comber, and any account so ess kdzdm (including purchase Checks, Convenience an cim, Special Transfer Chedo and other similar dhecla) that we may and to you. When we provide you with account access checks, we will tell you whether they will be treated as purchases, cash advances or special traostaa. Unless we tell you otherwise, Convenience C echo will always be treated as cash advances. You agree that we are not responsible if womne refuses to horror your aoooumt If you do not use your account you may cancel it by returning your card(s) and account access clashes to us within 30 days after you receive them. Cash Equivalent Trastrsacdone. If cash advinim are an option for your accent you can use your account to purchase items that are directly convertible to cash. These cash equivalent trarnactionn will be treated as cash advances and will be billed to the cash advance segment of yon account. Cash equivalent tans m include the purchase of wire transfix money odes, bets, lottery tickets, casino gaming chips, and other sird products or services. Your Credit Whit. You a&= to melee purchases or obtain cash advances only up to your credit WmL If you have different credit limits for dif£xar segments ofyour ii=4 you will be informed of the credit limits an yon periodic statement We may change your credit limit at any tune, may limit the amount that is available for cash advances, or may exch?de cash advances entirely from your accent We may honor transactions in access of your audit land and time tra sactioca will be covered by this Agreement Making Payments. You promise to pay us all amours due resulting from the use of your account, imrhrdmg soy finance caarges and other charges due Ueda the tams of this Agreement Payments must be made in U.S. dollars. Payments made by a negotiable instrument such as a cock or a money order mutt be in a firm acceptable to us and be drawn on a U.S. financial institution. You must pay at least the minmmrm laymen shown on your statement. However, you may lay more than the mmimrm payment or pay the balance in full. In any case, finance charges will continue to be assessed during billmg periods that you carry a balance regardless of whether or not your statement shows a minimum payment due We can accept late paymerits or partial payments or checks and money orders naked "payment in full" or other similar IMN,ge without losing any of our rgfits ruder do Agreement including our right to receive payment in full. Perhoihc Shilantent. Each month You have a balance is your account, we will send you a ate' . showing all traaascioas billed to your account during the billing Period. ThObfilinwg?,?p;er,,^iod is die time from one statement closing date tleotigh'htad .iochdiog the seat statement closing dine. The statement closing date determinea the month of a specific billing period. For =ImPle, Your January billing period is the balling period with the Moment closing date in Jmtary. Finance CNargs kdwmtadort A. Mbufmum Finance charge, For each billing period that your seem= is stk* to a finance charge, a minimum total finance charge of $0.50 will be imposed. If the trued finance change resulting firm the application Your Periodic rate(s) is less than $050, we will subtract that amount from the $030 minimum and the difference will be billed to the purchase segment of your account B. Acavb{g; F"hmaruae Charge. You may ant avoid finance charge on cash advances and special irantcrs. You may avoid finance charge on new purclasea, new Vxial purchases, and on new other charges by paying the total new balance in full prior to die date your payment is due (this a the grace period on new Purchases). If you do not pay the entire new balance from the CUSTOMER AGREEMENT U \iC 1C?Lt re I jCt,LC I"t G', t.. 001/3-11 previous monthly statement, finnam charge will scarue on the entire previous new balance from the first day of the new billing period. Finance carve, when applicable, will be assessed as follows: • Transactions made during the ctarent billing period: from transaction date. • Undated transactions and transaction made with convenience checim from the date the transaction a processed to your account • Transaction made prior to do =rent billing period: from the first calendar day of the awes billing period C. Palo& Rater. We det from the daily periodic rate by dividing the annual percentage rate by 365 (if your billing address when you opened your a cotffi was in IA or WI and you have not used your account after 10/31,98, we use monthly periodic tote determined by dividing the anal percentage rate by 12), and rounding it up to the nearest 111000th of I% The rate may be di& t for each segment of your account (e& cash advance, lxrdnme, special purchase, and special transfer if applicable for your account). You were told the daily periodic rate(s) when you opened your account. If your account has an introductory tone(s), the rate(s) will remain in effect u*u you are 30 days or mare latm in mall ng a payment or are ovexl®it m which use the periodic rate(s) may be changed to the lwstmanducoory rate(al If any other rate changes are made subsequent to yon account opening, you will be advised of the new rate. D. Ca/adatirtg Aurice Charge. We calarlata finaoa charge each day by multiplying the balance of each segment of your account (e.& cash advance, prchase, special purchase, and special transfer) by the daily peWk rate(s) that has been Previously disclosed to Yoe Each day during the billing cycle, we apply the daily periodic rate for each segment of your account to the daily balance of each segmem We then add nap the results of time daily calculahm to arrive at your total periodic finance charge. To get the separate daily balances for each segment of your accent for the current billing cycle, each day we take the sr{hrace beginning balance for each segment and separately add any tri sacions and may periodic finance charges calculated on the previous day's balance fur each segrment We then subtract any payments or credits posted as of that day that are allocated to each segment This gives us the sepanite daily balances for each segpmau of your account. However, the daily We= for purchases is considered to be zero for each day of the current billing cycle if you paid in foil the New Balms, if any, shown on Your previous statement (or if your New Balance was zero or a auk amount). If your billing address when you opened your account was in IA or WI and you have not used your account after 1013 INS, finance charge is figured by applying a monthly periodic rate to the average daily balance of your account aclyding finance charge. E Y-fable Rarer Wham and when variable rates apply to your acconnt the rate(s) may vary monthly based on charges in the highest one (1) month London Interbank O& W Rate (LIBOR) published in. the "Money Rates" section of Tam WaU Street Jownd on the 5th day of each month, or if not published on the day. on the moat recent date of publication prior to that day; any Changes will be effective with your Billing Penod ending the following month. If the periodic ratc(s) and conupondirag annual percenor rate(s) increase, the finance charge will increase and your» Payment may be greater. F. Cash Advance Fee Fbwwo Charge. If a cash advance fee aPPhC3 to Your account; you were told the to when you opened your account The fee will be charged each time you obtain a cash advance and will be added to the cash advance segment of your account Ifthe fee is changed subsequent to your account opening, you will be advised ofthe new foe. Other Charges. The fAibwiog charges may be billed to the Purchase se(pnert of your account late charge if we do not receive your payment in time for it to be credited to your account by the due date shown on Your Pudic statement (If your billing address (entineW an man) r•neld n.. h . uw.t.......o ..f n...71.7 n_. m..__.e.., n-_...?.?__ was in IA wben you opened your account and you bve not used yaw account after 10!31198, payment no be received widia 10 days after the due date.); overlimh clurge if your account enaree 1 its asaigoed c edit Hink, even if we appenved the civalmit amount returned check charge if a check is returned to os fix any reason, or if we cannot honor you axmnt scow checks for my reason; and copying charges for duplicate copies of tonsecdom or statements unless required for billing dispute resolutkin. These dlmges will not be assessed ifyour bra address was in PR when your account was opened or if your bIDing address was is WI whm your wcDm was opened and you bw not used your account after 10131/98. The fee amounts were disclosed to you when you opened your aocaat_ Mmiy of these fees am deranged subsequent to your account opening, you well be advised of the new fix. Membership Fee. If your w omat has a membaaLip fee, k was disclosed to you whin you opened your account. The fee will be billed to the purchase segment of your account. If the fee is changed subsequent to your account opening, you will be advised of the change. Future Offers. The toms of arty figure ofllr will be disclosed to you at the time the offer is made. If you accept an of err, the tams wM become d ramve Iraaediady unless otherwise specified in the offer. Defauh. We may consider you to be in default under ft Agumeat if (a) you fail to pay the mininon payment on time; or (b) you exceed your audit tit. To the ardent po mifted by law, you may also be in def m under ft Agreement If (1) you violate any of the odi r tam of this Agreement or any of the term of any other ag a meat with us or any of our affiIfaOes, or (2) you made my fate or misleading statements an your application, or (3) banTmrpocy or other insolvmmcy proceedings are Intitked by you or against you After you are in defiadt (or after we give you any notice of or rWt to cue the default if required by laws we may restrict your account from new tansxtions, or close your account and demand itrane" F payment oofthe entire o btandiog balance. Tote eldest perrm- 'by lava, you ague to pay all cart cc& and co0ection =Pemes insured by w in the collection of my amount you owe us under this Agreement: If you oiefauk aid we refer your account filar collection to an attorw who is not our salaried a mplnyet+, m the ardent permitted by Inv. Yoe agate ter lay reasonable attorneys' fear. You alao age m Pay MY cosh we my incur in retrieving your cards, including any Costs we may hear by having yaw account placed on a naticted fist If You Clone Your Acootstt You cm close your account by nohfymg us in wr ft If you close your a MUK you mast sill pay all ammms you an us and wall be responsible for any charges that You mghorized prior to giving as you notice. Ifdm is a me mbet fee for Your account the flee will comtimre to be d>fged, m the eXDent Permitted by law, until the account balance has been paid in full. You must also rdat all cards and account accesa chocks to us, canal an p ued billing ma>gmxnb and rase using your account Ifyou want to stop an auhmiad user's access to your account, you most send us written notice slang wffi the notes card C¢any) and any account access checks he or she may have. Myou are unable to retrn that person'scard ad accost stxxuss checks acl you advise us in writing to dose your aoooug, your adcouot will be closed and both you and the joint carrlbolder, if-Y, may apply for a new account. If we dose the account, you and 6e4ok =dhoidw, if any, will still be Hab tire, individually and together, for erg amounts charged to your accoun UUW-Y.1 It We Cancel Your Account or Suspend Cresdlt cf'v'wpe, We may at any time, with or widw caves and orrive= notice, tannimale tbla Agreement antler tampoeanlyor p y suspend your credit privileges. Ibis includes, but is not limited to, situations where you have violated this Agreement or where we haw reason to doubt your aeditvvotQiwas (for example, i fyou pay us swiss insufficient finds eheclos on mote than an occasional basis). Your obligations under 116 AVeament c obtain out have been termca or oati suspended. w your to may a*rdog our rights under dis Agreement wd6wrt 91= in ChmVee In Tense. We may amend or change any part of your Ageemerg, Including the periodic rotas and other charges, or add or remove requkmrenls at any time. If we do so, we writ give you notice if required by law of such mum I 'or choup Changes to the OMW percentage rate(s) wlll apply to your account balance from the a McOve duke of die lunge, whether or not the aceotmt balance included itans billed to the account before the charge date and whedier or no you continue to use the account. Changes to Sees and other d=W will apply to Your amount from the d bc*m dune ofhere charge, .., Applicabb Lbw This Agreement will be govaned by Virginia taw and Federal levy. 3everabllty. The invalidity of any provision of this Agreement shall not affect the validity of any oher provisions. Lost or Stolen Cards or Accoamt Access Checks. If your cards or account atoms chocks are last or stolen or if someorne else may be using than without your permission, notify us at once by calling tine Wephw maber shown on the front of your periodic statements. Yor liebiHiy for >meudorized we of your cards or account aceo checks will not exceed 550.00. You wall not be liable for tad ut do occurs after you notify uL Your BMbg Address. You agse to give us mitten notice of a y change in your biding addmas at least 10 days bdme the change. Changes may be written id the apex provided on the remittance coupon portion of your periodic sfefena+ot or may be sent m the following address: Capitol One, P. O. Box 85015, Richmond, VA 23285-5015. If yourccoat is a joist swam or if more than amt Pmon is Pfd muse it, you agree that all notices regarding tine account c ormay be sent solely to the address shown or our b9ft COmmunIcetioriL We may call you (using live opcratDM Autmnane chaling devices, or recorded messages) at home or work and those calls will not be considered unsolicited. we may monitor or retard any calla we mdse or receive . We may release mformation to others regarding the status or history of your account. We may maim ides of thud parties in connection with makitaking and °0 8 Your account and you eud scam such thud parties to release inkamation about you to us. Cardholder Beriefits. Cardholder bmefita may be Changed or terminded wf w notice. The boneft may be provided by third parties: we we not Noble fbr such benefiss or fir the actious or onbsios of the thud parties. U.S. CtaroneY. If Yarn malm a purchase or ash advance In foreign Currency, time transaction will be converted into U.S. Dollars using Visa or MasterCard ropludana and Visa or MasterCard may charge you a cowmmion fix. The rate in eff ct on the conversion date may dfflbr fi»m the rate used on the taossiCtion deft. . SHERIFF'S OFFICE OF CUMBERLAND COUNTY „ Ronny R Anderson = - .J Sheriff a v? Jody S Smith 77 0D -a Chief Deputy X- -..-- -? ? Richard W Stewart C r Solicitor ! tT. Portfolio Recovery Associates, LLC vs. Sherry M Helm Case Number 2011-1979 SHERIFF'S RETURN OF SERVICE 02/22/2011 05:45 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 22, 2010 at 1745 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sherry M. Helm, by making known unto herself personally, at 17 Cherokee Drive, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $46.00 February 23, 2011 ROB RT BITNER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ySuTte, 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. SHERRY M. HELM 17 CHEROKEE DR. SHIPPENSBURG, PA 17257 Defendant No. 11-1979 rr1w ._ cn ? ?" y i cnr b ,. xU v r? 4c) -- : y 3 --C -n 'Tf Z CD c F5 rrrl C-) PRAECIPE FOR JUDGMENT BY CONSENT Kindly enter Judgment against the Defendant, Sherry M.Helm, in the amount of $1,222.59 plus costs, based upon the consent of the parties. CONSENTED TO: DATE; Sherry M Vkr. 17 CheroShippensburg, PA 17257 }ACC10II1-a) t4#tj fbos 10-01717 &L' -- Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff ?G This letter is from a debt collector and 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. 11-1979 V. SHERRY M. HELM 17 CHEROKEE DR. SHIPPENSBURG, PA 17257 Defendant CONSENT JUDGMENT AGREEMENT PORTFOLIO RECOVERY ASSOCIATES, LLC ("Plaintiff') and SHERRY M. HELM ("Defendant(s)") hereby consent to the resolution of the above-captioned action as follows: 1. Defendant agrees, admits and consents to Judgment in favor of Plaintiff in the sum of Complaint Balance, plus court costs and post judgment interest at the legal rate. 2. In an effort to resolve this matter, the parties have agreed that said sum shall be paid as follows: The Plaintiff has agreed to accept and Defendant has agreed to pay the total sum of $1,222.59 as follows: a down payment of $24.00 paid on February 24, 2011, and thereafter, bimonthly payments in the amount of $99.80 beginning on March 2, 2011, and due by the last day of each month thereafter, until such time as the greed upon balance is Paid in Full. Payments by Defendant shall be made payable to the order of PORTFOLIO RECOVERY ASSOCIATES, LLC, P.O. BOX 12903, NORFOLK, VA 23541 3. Plaintiff agrees to stay execution on the judgment entered for so long as the Defendant makes timely payment as set forth herein, except that nothing herein shall prevent Plaintiff from recording the judgment as a lien against any real property owned by Defendant. 4. In the event that Defendant shall fail to make payment as due, or should said payment be returned unpaid by the payer bank or financial institution for any reason, Defendant shall be deemed to be in default. Should such default not be cured within ten (10) days of any payment, the Plaintiff may begin execution on the judgment. This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 5. The Defendant waives all defects of service of process and consents to the jurisdiction of this Court. 6. The parties agree that Plaintiff may enter Judgment pursuant to this agreement without issuance of a Rule to Show Cause, and without further proceedings or notice. 7. This stipulation may be executed in two counterparts and shall be effective on the signature of all parties or their respective counsel of record. Sherry ee 17 CheShippensburg, PA 17257 10-01717 (L L, - ??' Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Request for Military Status Page 1 of 2 Department of Defense Manpower Data Center Mar-29-2011 12:56:43 41 Military Status Report Pursuant to the Service Members Civil Relief Act Service Name First/Middle Begin Date Active Duty Status Active Duty End Date Agency HELM SHERRY M Based on the information you have furnished, the DMDC does not possess an y 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. 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:L/vAvxy.defenselink.mil/fM/ is/PC09SLDR.btml. 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. https://www.dmdc.osd.mil/appj/scra/popreport.do 3/29/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BLVD NORFOLK, VA 23502 File No. 11-1979 Plaintiff(s) vs. SHERRY M HELM NOTICE OF FILING JUDGMENT 17 CHEROKEE DR. SHIPPENSBURG, PA 17257 Defendant(s) : ( ?) Notice is hereby given that a JUDGMENT in the above-captioned matter has been entered against you in the amount of $1,222.59 on (_)A copy of all documents filed with the Prothon / are enclosed. by: n support of the within judgment is notary/CI rk, Civil Division Deputy If you have any questions regarding this Notice, please contact the filing party: Name: _PORTFOLIO RECOVERY ASSOCIATES, LLC Attorney for Party: ROBERT N POLAS, JR Supreme Court ID No.: 201259 Address: 140 CORPORATE BLVD NORFOLK, VA 23502 Telephone No. 866-428-8102 (This Notice is given in accordance with Pa.R.C.P. No. 236.) M-2F-2 (Rev. 4/04)