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HomeMy WebLinkAbout11-5065Robert 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 THE 2011 JOIN 20 AM 10- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 No. l? .rCN-S n 1..lUb? Plaintiff V. BRYAN T ROLL 511 W SIMPSON ST MECHANICSBURG PA 17055 Defendant NOTICE 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 4tV (717) 249-3166 7 Pennsylvania Lawyer Referral Service (800) 692-7375 C1t-k S I PC -?L-t T- 77?sp This communication 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. BRYAN T ROLL 511 W SIMPSON ST MECHANICSBURG PA 17055 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dial 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 communication i4 front a debt collector and is an attempt to collect a debt, any information obtained will he used k q- that l>cWPOSe. 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. BRYAN T ROLL 511 W SIMPSON ST MECHANICSBURG PA 17055 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. Defendant BRYAN T ROLL, is an adult individual with last known address of 511 W SIMPSON ST, MECHANICSBURG PA 17055. 3. It is averred that Defendant was indebted to CAPITAL ONE BANK N.A. on December 31, 2008 with account number ************3744 (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. I his comintutication is from a deft collector and is at) vtenipt to collect a cleft. Any it3fontt.ati.on obtained will be used 60ir tlmt purpo,,-e. 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 February 11, 2010. 8. Plaintiff is the purchaser, assignee and/or successor in interest CAPITAL ONE BANK N.A. 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 $1,126.22. 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, BRYAN T ROLL, in the amount of $1,126.22, plus costs of this action and any other relief as the Court deems just and 10-80344 Ihi-, connnunication is froni a debt collector and is an attenipt to collect a debt. _ ii1v information obtained will be used for that purpose. Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Meryl Dr"r* 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 unsworn falsification to Date 10-80344 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Custodian of Records EXHIBIT A PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************3744 BRYAN T ROLL Account Holder: BRYAN T ROLL 511 W SIMPSON ST MECHANICSBURG PA 17055 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase: Purchase Date: Product Code: MC CAPITAL ONE BANK N.A. Portfolio Recovery Associates, LLC ************3744 December 31, 2008 February 11, 2010 May 6, 2010 $1,126.22 June 14, 2010 Balance at Purchase: $1,126.22 Less Payments: $.00 Balance Due: $1,126.22 10-80344 CAPI42 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPTTO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AFFIDAVIT State of Virginia City of Norfolk ss. I, the undersigned, Meryl Dreano , 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, and I am authorized to make the statements, representations and avermerts 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 CAPITAL ONE BANK N.A. ("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 June 14, 2010. 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 BRYAN T ROLL ("Debtor') to the Account Seller the sum of $1,126.22 with the respect to account number (************3744), as of June 14, 2010 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, Account Assignee claims the sum of $1,126.22 as due and owing as of the date of Subscribed and sworn to o me on(J(4? , 2011 it A L I Public 10-80344 C m nione Cak`a COfifi/SOtarYp?bl a Of - 0 My CommIss °?P- 1013112014 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. CWA NA 15000 Capital One Drive Richmond, VA 23238 Exhibit 1 to Forward Flow Receivable Sale Agreement dated December 18th, 2009 BILL OF SALE Closing Date: June 10, 2010 Capital One Bank (USA), National Association ("Seller"), in consideration of a Purchase Price of and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified. in the Sale File entitled 20100609.PS42CP.SLDFLEI.TXT (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 December 18*, 2009, by and between Seller and Buyer (the "Agreement"). All capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Cutoff Date for the Sale File was June 9th, 2010. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION By: -00/- - Name: onathan Stalls Title:. _Recoveries MVP C API42 Caps tai? Welcome to Capital One ........................ ................................. Some Definitions .:................................................................:.1 Account Agreement ......... ........:.... New Offers .......... 2 3 Account Information ..............................................................2 . `z Credit Limits ......................... ...............................................2 Using Your Card ................... Rewards ....................... ......................................................3 Using Your Access Checks ........................ Stopping Payment of Access Checks ......................................4 Using a PIN ..............................................................................4 Authorized Users ....................................................................5 ;., Removing an Authorized User. ............. ...................... Y Finance Charges Your Promise to Pay .................................................................5 Statements ..............................................................................6 AV." Disputed Transactions ...6 Fees ......................................................................................6-7 Transactions Made in Foreign Currencies ................................7 No Warranties ........................................................................7 Merchant Refunds ..................................................................7 Minimum Payment ..................................................................8 Making Payments ................................ .................................8 Mailed Payments ....................................................................8 Faster Payment Services ............................... ........................8-9 Payment Processing ?t How We Apply Your Payments ................................................9 Items with Restrictive Words, Conditions, or Instructions ...... 9 v Credit Balances ............... Account Default s Communications ..................................................................11 T: Credit Reports ................................. ..11 Closing or Suspending Your Account ..........................' ... ......11-12 Lost or Stolen Card ................................. ......... 12 Changes to Your Agreement ......................... Governing Law Waiver ..............................................................................12-13 F Assignment ............................. .......13 Arbitration Provision .................................... ........13-18 Special Definitions for this Arbitration Provision ................13-14 Arbitration Administrators ..................... ..: Election and Initiation of Arbitration ..................... ......... ..15-16 Procedures and Law Applicable in Arbitration... ..................... 17 Costs ............................. .. 17 ...................................................... . li} No Consolidation or Joinder of Parties ..................... . 18 Judgment, Enforcement, Finality and Appeal ........................18 Miscellaneous, Waiver, Severability, Survival ............................18 o Glossary .................................................. :..................... 18-19 Your Credit Card Agreement 1. Welcome to Capital One. Thank you for opening a credit card Account with us, This Agreement contains the terms for your Capital One credit card. 1. Some Definitions. The meanings of the terns you see in italics appear in the Glossary Section. To make the Agreement easy to understand, we will also use the following personal pronouns: "You", "your" and 'ourself mean each applicant and co-applicant for the Account, any person responsible for paying the Account and anyone they authorize to use, access or service the Account It also includes an Authorized User as defined in the Glossary Section and as the language allows. "We," "us," "our" and "Capital One` mean Capital One Bank (USA), National Association; and its agents, authorized representatives, successors, and assignees. 1. Account Agreement. Your Agreement (`Agreement") with us includes the following things: (1) this document; (2) all Statements; (3) all rewards information and documentation if your Account has rewards; (4) our Privacy Notices unless you are not entitled to one; these describe our limitations on sharing information about you with others; (5) your Card benefits brochure which describes benefits provided by the Card Association for your Card and Account. The most current version of your Card benefits brochure will replace all prior versions. (6) the 'Small Business Credit Card Addendum" if you have a small business Card; (7) all disclosures and materials provided to you before or when you opened your Account, including some Truth in Lending Disclosures; (8) all other documents and disclosures relating to your Account including those provided online; and (9) any future changes we make to any of the above things. Please read these carefully and keep them for future reference. An Image of any of these can be used instead of the original. 2. New Offers. We might make new offers to you or forward offers from others that we think you might be interested in. The terms and documentation for these offers will be provided when we make you the offer. If you accept the offer, this Agreement will still apply except as modified by the offer. 2. Account Information. We need information about you to manage your Account. The information we need includes: (1) your legal name; (2) a valid U.S. mailing address and residential address (if different); (3) your date of birth; (4) your social security number or other government identification number, (5) your telephone number(s); and (6) your employment information. You must tell us when this information changes. Please mail these changes to us at the address provided on our Statement. You may also update some of this information by logging onto your Account on our website or by calling one of our representatives at the telephone number provided on your Statement or on the back of your Card We may require you to provide additional documents that are acceptable to us to verify these changes. 2. Credit Limits. When you open your Account, you will receive your credit limits. These will also appear on your Statements. We might also refer to your credit limit as your credit line. We may give you different credit limits for the different Segments of your Account. For example, you might have a different credit limit for purchases than for Cash Advances. You are responsible for keeping track of your Account balances and your available credit limits. Do not allow your Account to go over any credit limit. If you do, we may still honor the transactions and charge you fees. But, our honoring the transaction will not increase your credit limit. We may also increase, decrease, restrict or cancel your credit limit on any Segment at any time. This will not affect your obligation to pay us. 3. Using Your Card. When you activate and use your Card, you promise to follow the terms of this Agreement. Please sign the Cava immediately when you receive it. The Card is valid during the dates provided on the front. The Card is our property, and you will return it to us or destroy it if we ask. You will take reasonable steps to prevent the unauthorized use of your Card and Account. You may use your Card wherever it is accepted. We are not responsible if anyone refuses to accept your Card for any reason. Also, we may reject and not accept any transaction for any reason. Unless we tell you otherwise, we will bill each transaction to the applicable Segment of your Account and apply it against your available credit limit for that Segment in each Billing Cyde_ You may also obtain Cash Advances and Transfers if they are permitted for your Account. Unless we agree, you may not use a Transfer to transfer amounts from other accounts with us or any other company within the Capital One organization. If we do permit a transfer to this Account, the terms of this Account will apply once the Transfer is completed. You must not use, or try to use, the Card for any Internet gambling transactions or transactions that are illegal or not permitted by us. You will still be responsible if you do. In addition, these transactions will be subject to this Agreement, and you might have to reimburse the Card Association and us for all damages and expenses. From time to time, due to circumstances beyond our control (such as system failures, fires, floods, natural disasters or other unpredictable events) our services might be unavailable. When this happens, you might be unable to use your Card or obtain information about your Account. We will not be responsible or liable if this happens. 3. Rewards. Your Account might provide you with the opportunity to earn rewards. If it does, we will separately provide you with all information and terms about your rewards. We will include on your Statements all rewards you have earned. It might take up to two Billing Cycles for your earned rewards to appear on your Statement. 3-4. Using Your Access Checks. When we provide you with Access Checks, we will tell you whether we will treat them as purchases, Balance Transfers, Cash Advances, or Special Transfers. Ordinarily, we treat Access Checks as Cash Advances. Only the person we designate may use Access Checks. Access Checks may not be used to pay any amount you owe us or any other company within the Capital One organization. We may reject and not pay any Access Check for any reason. Any liability for our wrongful dishonor of an Access Check will be limited to your actual damages and will not exceed the amount of the Access Check. When you use an Access Check, you will have fewer rights to dispute merchant transactions than with other uses of your Card. Please see the "Billing Rights Summary' part of your Statement and your other Truth in Lending Disclosures for more information. 4. Stopping Payment of Access Checks, You may request a stop payment on any Access Check by contacting us as provided on your Statement. We may charge you a fee to stop payment as described in the Fees Section. If you call us to stop payment, you must also send to us a written request within 14 calendar days. We will have a reasonable amount of time after your stop payment request to research the situation and complete it. We will not be responsible if we cannot complete the stop payment because the Access Check was already paid, you do not give us the information we asked for or the information you gave us was incorrect If we cannot stop payment for these reasons, we may still keep the stop payment fee. Once we complete a stop payment, we do not have to release the stop payment order unless the same person asks us to. If we re-credit your Account after paying an Access Check following a valid stop payment order, you give us all of your rights against the payee or other holder of the paid Access Check. You also agree to help us as we request in any actions we might later take against that person. 4. Using a PIN. We may give you a personal Identification number (PIN). For security reasons, you might have to provide the PIN before you are able to complete some transactions using the Card With a PIN, you may use your Card to: (1) obtain cash from certain automated teller machines (ATM) or (2) make purchases at certain merchant or retailer point-of-sale devices (POS). You may do these things if the ATM or POS requires entry of a PIN and displays the logo of the Card Association on your Card. We will treat all ATM transactions as Cash Advances and all POS transactions as purchases. You should keep your PIN secure and not write it down, give it to anyone, or keep it with your Card. If you lose your Card or believe that someone has gained unauthorized access to your PIN, you must contact us immediately. 5. Authorized Users. You may ask us to add one or more Authorized Users with additional Cards on your Account. If we agree to your request, we will need certain information about the Authorized User to manage your Account. This will be the same information you provided about yourself as described in the Account Information Section. We may limit an Authorized Users ability to initiate certain transactions. If we do, we will tell you about these limitations before adding any new Authorized User on your Account. Once we add an Authorized User to your Account, we may discuss your Account with them and provide them with Account information. You will be responsible for their use of the Card and your Account as well as anyone else they allow to use your Card or Account. This will be true even if you did not want, or agree to, their use. 5. Removing an Authorized User. If you want to remove an Authorized User from the Account, you must contact us as provided on your Statement and request their removal. We will have a reasonable amount of time after your request to research the situation and remove them. You also must immediately destroy all Cards in their possession and cancel all of their billing arrangements to the Account. We will not do this for you. During this time, you still will be responsible for all amounts they charge to the Account. You will be responsible even If these amounts do not appear on the Account until later. We may dose your existing Account and/or issue a new Card with a new Account number. 5. Finance Charges. We will charge Finance Charges to your Account as disclosed to you in your Statements and other Truth in Lending Disclosures. In some instances, we will not charge Finance Charges for some period of time for certain transactions or balances. 5. Your Promise to Pay. You promise individually and jointly to pay us all amounts due on your Account This includes amounts where you did not sign a purchase slip or other documents for the transaction. If you use your Card number without presenting your actual Card (such as for mail, telephone or Internet purchases), this will be treated the same way as if you used the Card in person. If you let someone else use your Card, you are responsible for all transactions that person makes. 6. Statements. We will send you one Statement for all Cards on your Account unless the law does not require or permit us to send a Statement. Statements will be sent at the end of each Billing Cycle when your Account has a positive credit balance or a negative debit balance of more than $1.00 or if we have charged a Finance Charge to your Account. Your Statement will show all transactions billed to your Account during the Billing Cycle along with other important Account information. 6. Disputed Transactions. You must inspect each Statement you receive and tell us about any errors or questions you have as described in the "Billing Rights Summary" part of your Statement and other Truth in Lending Disclosures. If you do not notify us as provided in those disclosures, we may assume that all information in the Statement is correct. If you dispute a transaction made by you or someone else on your Account, and we later credit your Account for all or part of the disputed amount, you give us all of your rights against that other person. You also will: (1) give us any merchandise or other purchases you received in connection with the disputed amount If we ask; (2) not pursue any claim or reimbursement from the merchant and that other person; and (3) help us pursue and get reimbursement from the merchant and that other person; your help includes giving us documents that we ask for and that are acceptable to us. 6-7. Fees. We will treat the following fees as purchases. These fees apply to your Account only if they are provided in your Truth in Lending Disclosures. Remember, paying the fees charged in connection with a default as described in the Account Default Section will not by itself cure the default • Membership Fee. We may start charging you this fee in your first Billing Cycle or later. If it is an annual fee, we may then charge it approximately once per year during the Billing Cycle that includes the anniversary date of your Account opening. If it is a monthly fee, we may then charge it once per month in each Billing Cycle. This fee is payable in advance even if you do not use your Account. • Late Payment Fee. We may charge you a fee If we do not receive your payment in time for us to credit it by the due date shown on your Statement. • Ovedimit Fee. We may charge you a fee if a transaction, Finance Charge, or other fee, charge or balance causes you to go over or remain over any-o 'your credit limits during any Billing Cycle. • Returned Payment Fee. We may charge you a fee each time any payment you make to us is not paid by your financial Institution, even if that institution later pays it. • Returned Access Check Fee. We may charge you a fee If we do not pay an Access Check for any reason, including when your Account is in default, ovedimit, suspended or dosed. • Stop Payment Fee. We may charge you a fee each time you request us to stop payment on an Access Check or you renew an existing stop payment order as provided In the Stopping Payment of Access Checks Section. • Copying Fee. We may charge you a per-page fee for copies of transaction documents or Statements unless they are required in resolving a billing dispute. The following fees are Finance Charges. We will treat them as Cash Advances. These fees apply to your Account only if they are provided in your Truth in Lending Disclosures. • Cash Advance Fee. We may charge you a fee each time you obtain a Cash Advance. • Transfer Fee. We may charge you a fee each time you obtain a Transfer. 7. Transactions Made in Foreign Currencies. If you make a transaction in a foreign currency, the Card Association will convert it into a U.S. dollar mount. The Card Associatron will use its currency conversion procedures in effect when it processes the transaction. Currently, it uses either a rate selected from the range available in a wholesale currency market or a government imposed rate. The conversion rate in effect on the processing date might differ from the rate in effect on the transaction or posting date. We do not currently adjust the currency exchange rate or charge any additional currency conversion fees. 7. No Warranties. Except as otherwise provided In the "Billing Rights Summary" part of your Statements, we are not responsible for any claim you might have regarding the purchases of goods or services made with your Card. 7. Merchant Refunds. If you are entitled to a refund for goods or services purchased with your Card, you will accept these refunds as credits to the purchase Segment of your Account. We do not control when a merchant sends us your refund. We will also have a reasonable amount of time after we receive your refund to process it 8. Minimum Payment. Your Statement will provide instructions for making payments, including the amounts due and the due date for receiving your payment. Your Statement will also include a minimum payment amount. To avoid a late payment fee, you must pay us at least this minimum payment amount by the due date provided in the Statement. If you exceed your credit limit we may request a higher minimum payment from you. Be aware that paying only the minimum payment amount might not be enough to avoid an overlimit fee. In addition to the minimum payment, you may pay all or part of the total balances on your Account. If you pay more than the minimum payment, you still must pay at least the minimum payment amount shown on each Statement we send you. We will continue to charge Finance Charges during Billing Cycles when you carry a balance regardless of whether your Statement includes a minimum payment that Is due. 8. Making Payments. Your payments must be in U.S. dollars from a U.S deposit account and otherwise be acceptable to us. We do not accept cash payments through the mail. You may not make payments with funds from your Account or any other credit account with us or any other company within the Capital One organization. 8. Mailed Payments. You must mail payments to us at the address provided on your Statement. If we receive your payment on Monday through Saturday (excluding bank holidays), we will credit it to your Account on the day we receive it, if: (1) you send the remittance coupon included with your Statement in the same envelope with your payment, (2) you include your Account number on your payment; and (3) your payment arrives at our processing center by the time indicated on your Statement. Please allow at least 5 business days for postal delivery. Payments received at any other location or in any other form might not be credited for up to 5 calendar days. This might cause you to be charged late payment fees and additional Finance Charges. 8-9. Faster Payment Services. We may make services available that allow you to make faster payments using a telephone, the Internet or other payment system. We will describe the terns for using these services before you use them. You do not have to use these other payment services, and we may charge you a fee for using them. If we do, we will tell you the amount of the fee at the time you request the service. We are not responsible If a payment made using our payment services is rejected or not paid. Even if it is, we may still keep the fee. If you give your Account number or other Account information to someone else to make a payment for you, we may provide Account information to them and process their payment as if you made it. We may refuse to accept any payment made by someone else for your Account. If we accept a payment made by someone else for your Account, you will be responsible for the payment made even if that payment is rejected or not paid. 9. Payment Processing. We may accept and process payments without losing any of our rights. Even if we credit your payment to your Account, we may delay the availability of credit untM we confirm that your payment has cleared. We may resubmit and electronically collect returned payments. We may also adjust your Account as necessary to correct errors, to process returned and reversed payments, and to handle similar issues. When you provide an Item as payment, you authorize us either to use information from your Item to make a one time electronic fund transfer from your deposit account or to process the payment as an Item. We will provide additional information about this process on your Statement or other documents we send you before your payment. You may contact us and ask that we not process your future Moms in this way. When you provide an Item as payment, it might also be converted into an electronic Image and collected and returned electronically. These electronic images may also be converted to substitute checks. We will not be responsible if an Item you provide has physical features that when imaged result in it not being processed as you intended. 9. How We Apply Your Payments. We generally apply your payment to lower Annual Percentage Rate balances before higher ones. Please refer to your Truth in Lending Disclosures for details on how we may apply your payments. 9. Items with Restrictive Words, Conditions or Instructions. All Items that have restrictive words, conditions, limitations or special instructions added (including Items marked with the words "Paid in Full" or similar language) must be mailed to and received at Capital One, P.O. Box 30285, Salt Lake City, UT 84130-0285. If you make your payment to any other address, we may accept and process the payment without losing any of our rights. 10. Credit Balances. We may reject and return to you any payment that creates a credit balance on your Account Any credit balance we allow will not be available until we confirm that your payment has cleared. We may reduce the amount of any credit balance by any new amounts billed to your Account. You may contact us as provided on your Statement and request a refund of any available credit balance. If you contact us in writing, we will refund your credit balance within 7 business days from our receipt of your written request. 10. Account Default. You will be in default of your Agreement with us It. (1) you do not make any payment when it is due; (2) any payment you make is rejected, not paid or cannot be processed; (3) you exceed a credit limit; (4) a bankruptcy or other insolvency proceeding is filed by or against you; (5) you die or are legally declared incompetent or incapacitated; (6) we determine that you made a false, incomplete or misleading statement on any of your Account documentation, or you otherwise tried to defraud us; or (7) you do not comply with any term of this Agreement or any other agreement with us. For certain actions, including changing the rates and fees on your Account, our options appear in our original offer materials when you opened your Account In addition, if you are in default, we may take the following actions without notifying you, unless the law says that we must notify you: (1) close or suspend your Account, (2) lower your credit limits; (3) increase your minimum payment; (4) demand that you immediately pay the entire balances owing on your Account; (5) continue to charge you Finance Charges as long as your balances remain outstanding; and/or (6) pursue any other action against you that the law allows, which includes the filing of a lawsuit against you or our requiring arbitration as described in the Arbitration Provision Section. You must pay us all of our actual collection expenses, attorneys' fees and court costs unless the law does not allow us to collect these amounts. In any action against you, we may choose the Virginia statute of limitations period or the period provided by the law of the state where you live. 11. Communications. We may contact you from time to time regarding your Account. We may contact you in any manner we choose unless the law says that we cannot. For example, we may: (1) contact you by mail, telephone, email, fax, recorded message, text message or personal visit; (2) contact you at your home and at your place of employment; (3) contact you on your mobile telephone; (4) contact you at any time, including weekends and holidays; (5) contact you with any frequency; (6) leave messages on your answering machine/service and with others; and (7) identify ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it. Our contacts with you about your Account are not unsolicited and might result from information we obtain from you or others. We may monitor or record any conversation with you, modify or suppress caller ID services and use automated dialing and announcing devices (autodialers). We may do these things whether we call you or you call us. If you ask us to discuss your Account with someone else, you must provide us with documents that we ask for and that are acceptable to us. 11. Credit Reports. We may provide information about you and the Account to consumer (credit) reporting agencies and others as provided in our Privacy Notices. Information we provide might appear on your and the Authorize Users' credit reports. This could include negative information I you do not comply with the terms of this Agreement. We may obtain and use information about you from consumer (credit) reporting agencies and others as the law allows. 11-12. Closing Or Suspending Your Account. You may ask us to close your Account by calling or writing us as described on your Statement. Your Statement will provide additional Information about this process, and we may also separately provide you with additional details after your request. This might include payment information. If you use your Card or charges post to your Account after you ask us to dose it, we may keep It open or reopen it We may close or suspend your Account and your right to obtain credit We may do this at any time and for any reason, even if you are not in default. A suspension of your Account might be permanent or temporary. If your Account Is dosed or suspended for any reason, you must stop using your Card. You must also cancel all billing arrangements to the Account. We will not do this for you. If we close or permanently suspend your Account, you must also destroy all Cards. You must still pay us all amounts you owe on the Account, even if they are charged after your Account is dosed or suspended. 12. Lost or Stolen Card. You will take reasonable steps to prevent the unauthorized use of your Card and Account. If your Card Is lost or stolen or if someone else might be using it without your permission, you must tell us at once. You may tell us by calling the telephone number on the back of your Card or on your Statement or by writing us at the address on your Statement. You will not be responsible for charges made to your Account that are found by us to be unauthorized. If we reimburse your Account for unauthorized charges made using your Card, you will help us investigate, pursue and get reimbursement from the wrongdoer. Your help includes giving us documents that we ask for and that are acceptable to us. 12. Changes to Your Agreement. At any time, we may add, delete or change any term of this Agreement unless we told you that we would not We will give you notice of any changes unless we previously told you that we may make certain changes without notice. If we do notify you of changes, we will send you a separate notice or inform you on your Statement. Our notice will tell you when and how the changes will take effect and describe any rights you have in connection with the changes. Unless we tell you otherwise, all changes will apply to both unpaid balances on your Account and new transactions. 12. Governing Law. This Agreement and your Account will be governed by federal law that applies to them and, if federal law does not apply, then by Virginia law. This will be true regardless of where you live or where you use the Card. We are located in Virginia. We make the decisions to open and hold your Account, issue your Card and extend credit to you from our offices in Virginia. If any part of this Agreement is found to be not enforceable, this Agreement will be read as if the unenforceable part were not there. 12-13. Waiver. We will not lose any of our rights 9 we delay taking any action for any reason or If we do not notify you. For example, we may waive or reduce your Finance Charges or fees without notifying you and without losing our right to charge them in the future. We may always enforce our rights later and may take other actions not listed in this Agreement if the law allows them. You do not have to receive notice from us of any waiver, delay, demand or dishonor. We may proceed against you before proceeding against someone else. 13. Assignment. This Agreement will be binding on, and benefit, any of your and our successors and assigns. You may not transfer your Account or your Agreement to someone else without our written permission. We may transfer your Account and this Agreement to another company or person without your permission and without prior notice to you. They will take our place under this Agreement. You must pay them and perform all of your obligations to them and not us. If you pay us after you are informed or learn that we have transferred your Account or this Agreement, we can handle your payment in any way we think is reasonable. This includes returning the payment to you or forwarding the payment to the other company or person. 18-19. Glossary. • "Access Check" means any check we send to you to access your Account. We may also refer to an Access Check as a "convenience check" or a "purchase check." • "Account" means your Card acoount with us. • 'Authori'zed User" means one or more persons who may use the Card but is not responsible for the repayment of the Account. • "Balance Transfer" means a Transfer posted to the purchase Segment of your Account unless otherwise described in your Truth in Lending Disclosures. • "Billing Cycle' means a period of time that might vary in length but is approximately 30 days. The specific period of time is described on each Statement. However, you will have a Billing Cycle even if a Statement is not required. We will often specify a Biilthg Cycle by the month in which its dosing date occurs as provided on the Statement. For example, a "March Billing Cycle" will have a dosing date in March. We may also refer to a Billing Cycle as a "Billing Period.' • 'Card' means any Capital One credit card associated with your Account, which includes all renewals and substitutions. It also means any other access device for your Accountwe give you that allows you to obtain credit, including any Account number and any Access Check. • 'Card Assoclaction" means Visa Inc., MasterCard International Incorporated, or any other network provider displayed on the Card. • "Cash Advance" means using the Card to obtain loans in cash or things we consider cash equivalents. Cash equivalents include wire transfers, travelers' checks, money orders, foreign currency, lottery tickets, gaming chips and wagers. Cash Advances are posted to the cash advance Segment of your Account and not to your purchase Segment. • "Finance Charges" means certain charges that are your cost of credit expressed as a dollar amount These charges include the interest you pay on your balances and certain types of fees. Please refer to your Truth in Lending Disclosures for more information. • "item' means a check, draft, money order or other negotiable instrument you use to pay your Account. This includes any image of these instruments. This does not include an Access Check. • "Segments" means the different parts of your Account we may establish that are subject to unique pricing, grace periods or other terms. We create these parts of your Account for such things as your purchases, Balance Transfers, Cash Advances and Special Transfers. • "Special Transfee means a Transfer posted to the Special Transfer Segment of your Account and not to your purchase Segment. • 'Statement means a document or information we provide to you showing Account information including, among other things, transactions made to your Account during a Billing Cycle. We might also refer to your Statement as a "Periodic Statement" or a 'Billing Statement' • 'Transfers' means balances transferred from other accounts to this Account and Includes Balance Transfers and Special Transfers. • "Truth In Lending Disclosures" means any Account information we provide to you that is required by the federal Truth in Lending Act and Regulation Z. This includes your solicitation disclosures, account opening disclosures, Statements and change in terms notices. 13-18. Arbitration Provision. You and we agree that either you or we may, at either party's sole election, require that any Claim (as defined below) be resolved by binding arbitration. IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, INCLUDING THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. THE FEES ASSOCIATED WITH ARBITRATION MAY BE HIGHER THAN THE FEES ASSOCIATED WITH COURT PROCEEDINGS. 13-14. SDecial Definitions far th t P vi ' n. For the purposes of this arbitration provision ("Arbitration Provision"), the following definition shall apply in addition to the definitions set rth in this Agreement "Claim" means any claim, controversy or dispute of any kind or nature between you and us. A. This definition includes, without 11mitatlon, any Claim that in any way arises from or relates to: • the Agreement and any of its terms (including any prior agreements between you and us or between you and any other entity from which we acquired your Account) • this Arbitration Provision (including whether any Claim is subject to arbitration) • the establishment, operation or termination of your Account • any disclosures, advertisements, promotions or other communications relating to your Account, whether they oocurred before or after your Account was opened • any transactions or attempted transactions involving your Account • any billing or collections matters relating to your Account • any posting of transactions (including payments or credits) to your Account • any goods or services charged to your Account • any fees, Interest or other charges assessed to your Account, or their calculation • any products, services or benefits programs related to or offered in connection with your Account (including any insurance, debt cancellation or extended service contracts and any programs, rebates, rewards, sweepstakes, memberships, discounts or coupons) whether or not we offered, introduced, sold or provided them • our receipt, use or disclosure of any information about you or your Account • any other matters relating to your Account or your relationship with us. B. This definition also includes, without limitation, any Claim: • regardless of how or when it is brought (for example, as an initial claim, counterclaim, cross-claim, interpleading or third-party claim) • based on any theory of relief or damages (Including money damages and any form of specific performance or injunctive, declaratory or • based on any theory of law or equity (including contract, tort, fraud, constitution, statute, regulation, ordinance or wrongful acts or omissions of any type, whether negligent, reckless or intentional) • made by you or by anyone connected with you or claiming through or for you (including a co-applicant or Authorized User of your Account, your agent, your representative, your heirs or a trustee in bankruptcy) • for which we may be directly or indirectly liable under any theory, including respondeat superior or agency (even if we are not property named at the time the Claim is made) • now in existence or that may arise in the future, regardless of when the facts and circumstances that give rise to the Claim occurred or when the Claim accrued • made as part of a class action, private attorney general action, or other representative or collective action which Claim shall proceed on an individual basis as set forth more fully in this Arbitration Provision. 1?. Arbitration Administrators. One of the following arbitration administrators ("Administrator" or, collectively, 'Administrators") will administer the arbitration: JAMS 1920 Main St, Ste. 300 Irvine, CA 92614 www.iamsadr.cc American Arbitration Ass'n 335 Madison Ave., Floor 10 New York, NY 10017-4605 www.adr.org National Arbitration Forum P.O. Box 50191 Minneapolis, MN 55405 www.arbitrafion-forum.com You may contact any of the Administrators to obtain Information about arbitration, arbitration rules and procedures, fee schedules and claim forms 15-16. Election and Initiation of Arbitration. You or we may elect arbitration under this Arbitration Provision with respect to any Claim, even if the Claim is part a lawsuit' brought in court You or we may make a motion or request in court to compel arbitration of any Claim brought as part of any lawsuit We will not elect or initiate arbitration of any Claim brought in a small claims court (or the equivalent), so long as the Claim remains in that court, is made solely on behalf of an individual or joint account holier and is not made as part of a class action, private attorney general action or other representative or collective action. You and we must follow the rules of the Administrators to initiate arbitration. If you initiate arbitration, you may choose one of the Administrators, and you must mail us any notice required by the Administrator to P.O. Box 85550, Richmond, VA 23285- 5550. If we initiate arbitration, we will choose one of the Administrators, and we will mail you any notice required by the Administrator to your last- known billing address. If we have initiated arbitration, we will change the Administrator at your request If you notify us In writing at the above initiation of arbitration. 17. Procedures an li ble in Arbitration. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by roes a under the Federal Arbitration Act (the "FAA"). Questions about whether any Claim is subject to arbitration shall be resolved by Interpreting this Arbitration Provision in the broadest way It may be enforced, consistent with the FAA and the terms of this Arbitration Provision. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations, but the validity and enforcement of any class action waiver is a question for a court of competent jurisdiction, not an arbitrator, to decide. The arbitrator may award any damages or other relief permitted by applicable substantive law (but will not have power to review the enforceability or severability of the paragraph -No Consolidation or Joinder of Parties,' below), but the award shall determine the rights and obligations of only the named parties and only with respect to the Claims in arbitration. The rules and procedures of the Administrator, which you may obtain from the Administrator, shall govern the arbitration unless they conflict with this Arbitration Provision, in which case this Arbitration Provision will apply. The arbitrator will not be bound by, and this Arbitration Provision shall not be subject to, the federal, state or local rules of procedure and evidence that would apply In any court, or to state or local laws that relate to arbitration proceedings. You or we may have a hearing in arbitration. Any arbitration hearing that you attend in person will take place at a location in the federal judicial district that Includes your last-known billing address or at some other place upon which you and we agree. You or we may be represented by counsel. If you or we request, the arbitrator will honor claims of privilege recognized under applicable law and will use best efforts to protect confidential information (including through the use of protective orders). The arbitrator will make any award in writing and, at the timely request of either party, will provide a written statement of reasons for the award. 17. . The party initiating arbitration will pay the initial filing fee. You may seek a waiver of the initial filing fee or any of the Administrator's other fees collectively, 'Administrator's Fees') under any applicable rules of the Administrator. If you seek, but do not qualify for, a waiver, we will consider any written request by you for us to pay or reimburse you for all or part of the Administrator's Fees. We also will pay or reimburse you for all or part of the Administrator's Fees if the arbitrator determines there is good reason for us to do so. We will pay any fees and costs we are required to pay by law. Otherwise, and except as provided in this Agreement, you and we will bear all of our respective fees and costs (including the Administrator's Fees and the fees and costs relating to attorneys, experts and witnesses), regardless of who prevails. Allocation of fees and costs relating to appeals in arbitration will be handled in the same manner. 18. No Consolidation or Joinder of Parties. The arbitration of any Claim must proceed on an individual basis, even if the Claim has been asserted in a court as a class action, private attorney general action or other representative or collective action. Unless all parties consent, neither you nor we may join, consolidate or otherwise bring Claims related to two or more accounts, individuals or accountholders in the same arbitration. Also, unless all parties consent, neither you nor we may pursue a class action, private attorney general action or other representative or collective action in arbitration, nor may you or we pursue such actions in Court if any party has elected arbitration. You will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim as to which arbitration has been elected. 18. Judgment Enforcement Finality and Appeal. The arbitrator's decision will be final and binding after fifteen days unless you or we seek an appeal of the award by making a written request to the Administrator. The appeal panel, which will consist of three arbitrators, will consider all factual and legal issues anew, will conduct the appeal in the same manner as the initial arbitration and will make decisions based on the vote of the majority. The panel's decision will be final and binding. Any final decision of the arbitrator or of the appeal panel is subject to judicial review only as set forth under the FAA. An award in arbitration will be enforceable under the FAA by any court having jurisdiction. 18. Miscellaneous. Waiver. Seven bility. Survival. If you or we do not elect arbitration or otherwise enforce this Arbitration Provision in connection with any particular Claim, you or we will not waive any rights to require arbitration in connection with that or any other Claim. This Arbitration Provision shall survive: (1) suspension, termination, revocation, closure or changes of this Agreement, your Account and your relationship with us; (ii) the bankruptcy or Insolvency of any party; and (iii) any transfer of your Account, or any amounts owed on your Account, to any other person or entity. If any portion of this Arbitration Provision is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision shall govem. A photocopy or other image of this Agreement and related documents may be used in place of the originals for all purposes including litigation. Gap?hW ® 2008 Capital One Capital One is a federally registered service marl. All rights reserved M-43465 COF' Customer Agreement 005 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Portfolio Recovery vs. Bryan T. Roll ates, LLC Case Number 2011-5065 SHERIFF'S RETURN OF SERVICE 06/28/2011 08:07 P - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June 28, 2011 at 2007 hours, he served a true copy of the within Complaint and Notice, u on the within named defends t, to wit: Bryan T. Roll, by making known unto himself personally, at 511 if Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents a t t sa a time handing to him personally the said true and correct copy of the same. s ,DEPUTY SHERIFF COST: $38100 June 30, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED-OFFICE THE PROT Y 2011 JUL -5 AM 8: 32 COUNI CU PENNSYL8VAN A , SO ANSWERS, RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard ; Norfolk, VA 23502 s?(p Plaintiff No. I I -SM V. BRYAN T ROLL 511 W SIMPSON ST MECHANICSBURG PA 17055 Defendant PRAECIPE FOR DEFAULT JUDGMENT C IV11 -< - ' C Please enter Judgment in Favor of Plaintiff and against Defendant, BRYAN T ROLL , for failure to answer the Complaint. (X) Amount Due $1,126.22 Less Credits $.00 TOTAL $1,126.22 (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.231.1, 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 to his/her Attorney of record, if any, after the default occurred and at leas n days prior to e to of the filing of this praecipe and a copy of the notice is attached. Date: Robert N. Polas, Jr., Esquire #20125 - Carne 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 1 lla.? co ntanica€ion is from a _iebt collector is an attempt to collc(t, ? ,ht An-,; infornnati{ xa ! i 1)ed 11111 h? ttscd Par lkaf ptatPOs_ 6* %L13o 1 ?D?i?o I(Y?Qiled 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. BRYAN T ROLL 511 W SIMPSON ST MECHANICSBURG PA 17055 Defendant ?- 1 Date: No. 11-5005 PRAECIPE FOR DEFAULT JUDGMENT Filed on Behalf of Plaintiff Counsel of c rd for this Pa 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 I his ccnt?i mmicatimi is tro m a debt collector is at) attempt to, collect a debt, And information obtainFe dill b,; u.,ed tor 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 11-5005 V. : BRYAN T ROLL 511 W SIMPSON ST MECHANICSBURG PA 17055 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 $1,126.22, plus interest, on. (X) A copy of all documents filed with the Prothonotary in support of the By: If you have any questions regarding this Notice, please Date: D I 1 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 I bi., c±}a ianunicati.€ n is from a ,t =I lector is apt 0:0, ' -3 <-_41I fct a. &b t. Any lafoinratio okut6? , k vwill be €zsed loo tl,w ptit-P Se ::? ,; `i ?.? '? t a ?,,. , , ,? 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) July 20, 2011 BRYAN T ROLL 511 W SIMPSON ST MECHANICSBURG PA 17055 10-80344 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. BRYAN T ROLL 11-5005 Dear BRYAN T ROLL: 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 ('11k c01MY1111iicatioi is front a debt collector is at) AtellIpt to clo lcct a jebt. Any information obtained will h utied 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. 11-5005 V. BRYAN T ROLL 511 W SIMPSON ST MECHANICSBURG PA 17055 Defendant TO: BRYAN T ROLL 511 W SIMPSON ST MECHANICSBURG PA 17055 DATE OF NOTICE: July 20, 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 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 (l?iq k1CMI Unication is from a dcbt . ,,;`i.. 1, all attempt to collect a clcbt. Any information obtained will he used 1'i t that purpose, 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. 11-5005 V. BRYAN T ROLL 511 W SIMPSON ST MECHANICSBURG PA 17055 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 511 W SIMPSON ST MECHANICSBURG PA 17055 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, #201259 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 10-80344 1,16", eOMMataaic"tion is a debt collector aml is aai attempt to o)llect a debt. \IlIv iIat,3ara -ri , J'f 6t)ed v, ill be used for lb at l:}tarhose. Department of Defense Manpower Data Center H Is Mlitary Status Report W-I Rarsuant to the Service Merrbers Civil Relief Pct -< Last FrstlMdcde Begin Date Active Duty Status Name Pug-01-2011 14:47:40 10-80344 Active Dtaty End Date Service POLL BRYAN T Based on the infomration you have furnished, the DNDC does not possess any infom-etion indicating the individual status. Upon searching the infonrahon data barks ofthe Depadrnent of Defense k4mTxmw Data Center, based on the ink miation that you provided, the above is the ai rent status ofthe irldimdaal as to all brandies ofthe Uniformed Sermoes (Amy Navy, Marine Carper Air Force, N DftA Public FleaMi, and Coast GuwcD- imtt A. Mary M. Snavely-Dion, Director Department of Defense - Manpower Data Center 1600 W9son Blvd., Suite 400 Alington, VA22209-2593 The Defense Nioirpo er Data Center (DMDQ is an organiaation ofthe Department of Defense that rreir tains the Defense lE roliment and Eligibility Reporting System (DEERS) database W ich is the official source of data on eligibility for military medcall care and other eligibifitysystems. The DoD strongly supports the endorsement ofthe Service Members Civil RehefAdt (50 USC App. §§ 501 et sect as amended (SCPA) (formerly known as the Soldiers' and Sailors' Civil ReliefA t of 1940). DMDC has issued hur 1reds offfrotsends of "does riot possess any information incicating that the it rWdual is c rrently on active duty" responses, and has aperieneed a sn-all error rate. In the event the individual referenced above, or any family member, ii eruct, or representative asserts in any mouser 0-rat the irxWduld is on active city, or is otherwise entitled to the protections ofthe SCRA you are strongly eneouaged to obtain firthher verification ofthe person's stabs by eortadfing that per sorts Service via the "dekwt%hrk-rril" URL httia:lllAmw deferlseliric sPC S DRt"- Ifyou home evidence the person is on active dty and you tail to obtain this additional Servioe verification punitive provisions ofthe SCRA maybe irn ed against your. See 50 USC App- §521(c)- Ifyou obtain additional inlorrnation abort the person (e.g., an SSN, improved accuracy of DOB, a rridde name), you can submit your request again at this Web site and we vain provide a new certificate for that query- This response reledts active duty stahm inducing date the it rWdJal was last on active duty, if it was within the preceding 367 days- For historical infofmration, please contact the Service SCRA parts of -contact. ?Nbne inliorrr=tin art `AcIY +e Dar[yStdrrs" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(QK1) for a period of more than 30 consecutive days. In the case ofa rnenber ofthe National Guard, indudes service under a call to active service authorized bythe President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(0 for purposes of responding to a national emergency declared btythe President and supported by Federzd i nds. AN Active Guard Reserve (AGI?) nos rrunt be assigned against an aut holiaed mobilization position in the unit they s,pport. This indludes Navy Wt-N Marine Corps AFB and Coast Card RPAs. Active Duty status also applies to a Urifiormed Service member who is an adme duty corrrnssioned officer of the U.S. Public F-IeaNh Service or the National Oceaic and Atirhosphenc Ad i riristration (NOP# Corrmssioned Caps) for a period of more than 30 consecutive days- CovharMe Ulnatarnhe SCRA is Emark ?-in Sonm Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes ofthhe SCRA who would riot be reported as on Active Duty under this certificate. Mary times orders are ar nancded to extend the period of active dry, which wotid atend SCRA protec h arts. Persons seeWrtg to rely on this website c:eM icati on should ch xk to make are the orders on W idta SCRA protections are based have not been amended to eDlend the inclusive dates of service. Futherrnore, some protections of the SCRA may ekend to persons who have received orders to report for active duty or to be inducted, but who have riot actually begn active duty or adttr* reported for induction. The Last Date on Active Duty entry is i nportant because a n rr ber of protections of SCRA eaderid beyond the last dates of active duty. Those who would rely on this certificate are urged to seek gthalified legal counsel to erasure that all rights guaranteed to Service members under the SCRA are protected. VVV4gNG This c:ertificatewas provided based on a name and SSN provided by the requester- Providing an erroneous narne or SSN will cause an erroneous certificate to be provided. Report I13:181NM 36AB e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC NO. 11-5065 140 CORPORATE BLVD. NORFOLK, VA 23502 PLAINTIFF RECEIVED vs. BRYAN T ROLL 511 W SIMPSON ST MECHANICSBURG PA 17055 DEFENDANT(S) 4f6kJr-(S INTERROGATORIES TO GARNISHEE TO: MEMBERS 1 ST FCU 5000 LOUISE DR MEC'HANICSBURG, PA 17055 G --i ' c r? °'") vn -„, o ? ?c?s ; M PURSUANT' TO RULE 3253 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ of Execution was issued. C. "You" means the main office and all branch offices, representatives, employees and agents of your organization. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information is possession of a party is requested, such request includes knowledge of the pasty's agents, representatives, and attorneys. 10-80344 FEB 0 $ 2012 This commip*?#RA#M f t&T1a4g0llect a debt. INTERROGATORIES TO GARNISHEE DEFENDANT(S) - BRYAN T ROLL 1. DEPOSITORY ACCOUNTS: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any checking, savings, lines of credit, certificate of deposit's or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant(s) has in each account. If the Defendant(s) maintains any of these jointly with any other person, or persons, give their name and address. 1A. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the identification numbers of those accounts. 2. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the Defendant(s) have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. no 3. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the Defendant(s) have funds on deposit in an account in which funds on deposit, not including any otherwise exempt funds, did not exceed the amount of general monetary exemption under 42 Pa.C.S. 8123? If so, identify each account. 4. TRANSFER OF PROPERTY: At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant(s) against you? f) 0 5. SAFE DEPOSIT BOX: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any safe deposit box or boxes. If so, including the identification number or other designation of the box or boxes. Include a full description of the content and also the amount of cash among those contents. If the Defendant(s) maintains any of these jointly with any other person or persons give their full name and address. no 10-80344 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. ' • REAL OR PERSONAL PROPERTY: At the time you were served or at any subsequent time, sta*.e whether or not the Defendant(s) own any personal property that was in your possession and/or control. If so, include a full description of all personal property giving full value and present location. State also whether or not there are any encumbrances or liens was recorded. If the Defendant(s) owns any personal property jointly with any person or persons, give names and address. no 7. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existence of any other asset(s) of the Defendant(s) which are not disclosed in the preceding Interrogatories. If so, please set forth all details concerning those asset(s) and state the reason for the exemption, the amount being withheld under each exemption, the amount of funds in each count, and the entity electronically deposition those funds on a recurring basis. 8. PROPERTY HELD AS A FIDUCIARY: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which any Defendant(s) had an interest? If so, please describe for each Defendant(s) the nature of the property including its value and the interest of Defendant(s). no 9. FEES OUTSTANDING TO GARNISHEE: Are there any attorneys fees or processing fees charge by you against the Defendant(s) or account(s) of the Defendant(s) for the completion of this Answer? If yes, outline the exact amount of any fees due and owing to the garnishee or the attorney for the garnishee for the preparation of the Answer. n /1 I I U r I a?+ lI, Robert N. Polas, Jr., Esquire #201259 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 10-80344 This commLA? 5a AEFRffl g l ?l ¢l gs MWpgj?gollect a debt. St MEMBERS 111 FEDERAL CREDIT UNION February 2, 2012 Bryan T Roll 511 W. Simpson Street Mechanicsburg, PA 17055 Review Dates (60 Days): December 5, 2011 - February 2, 2012 Total Writ of Execution: $1,304.47 Cumberland County Docket Number: 11-5065 File # 10-80344 Account Number: XXX765-0000 Name on Account: Bryan T Roll Amy S Miller (Joint) Savings: $2.61 -2.61 (Membership Fee) $0.00 Account Number: XXX765-0011 Name on Account: Checking: Payroll: Lehigh Valley Re Bryan T Roll Amy S Miller (Joint) $0.00 $300.00 Statutory Exemption was not taken out. Tania S. Young Deposit Operations Jalyst Rev: 06/11 5000 Louise Drive - P.O. Box 40 - Mechanicsburg, Pennsylvania 17055 - (800) 283-2328 - www.memberslst.org VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Tania S. Young (Name) Deposit Operations AnalystofMembers 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIGNATU E) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor a rFF1 c -F ..?4 - F ILEO-OFFIC Iii THE PPOTHONDTARP 2012 FEB 15 PM 3: 44 CUMBERLAND COUNTY, PENNSYLVANIA Portfolio Recovery Associates, LLC Case Number vs. Bryan T. Roll 2011-5065 SHERIFF'S RETURN OF SERVICE 02/03/2012 11:20 AM - Ronald E. Hoover, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2012 at 1120 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Bryan T. Roll, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 by handing to Tania Young, Deposit Analyst, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 3, 2012 to Bryan T. Roll at 511 W Simpson Street, Mechanicsburg, PA 17055. SO ANSWERS, February 03, 2012 RON R ANDERSON, SHERIFF l j G- Ronald E. Hoover, Deputy t ?.;nS 5aite ?F°; E csoH ir;; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES, LLC • No. 11-5065 Plaintiff c BRYAN T ROLL Defendant 7— vs. . °a MEMBERS 1ST FCU • Garnishee PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Please dissolve the writ of attachment filed against the Garnishee onl in the above-entitled matter, without prejudice. Robert N. Polas, Jr., Esquire # 2012. Carrie A. Brown, Esquire, #94055 Mark R. Garvey, Esquire#312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 10-80344 1A1 .n,� _ al/ ei 3�8ayl e k 34 asua 2-*Acv This communication is from a debt collector and is an attempt to collect a d Any information obtained will be used for that purpose. • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, . PENNSYLVANIA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD No. 11-5065 NORFOLK, VA 23502 Plaintiff • vs. BRYAN T ROLL 511 W SIMPSON ST MECHANICSBURG PA 17055 Defendant CERTIFICATE OF SERVICE The undersigned does hereby ce i that I served a copy of the foregoing Praecipe to Dissolve Attachment upon BRYAN T and ME E 1ST FCU, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of , 2013,to: BRYAN T ROLL MEMBERS 1ST FCU 511 W SIMPSON ST 5000 LOUISE DR MECHANICSBURG PA 17055 MECHANICSB G, PA 17i Date: /"-- Robert N. olas, Jr., Esquire #201259 i/ Carrie A. Brown, Esquire, #94055 Mark R. Garvey, Esquire#312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 10-80344 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.