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Home My WebLink About11-7150Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC -FICE 140 Corporate Blvd. THONflT iY Norfolk, VA 23502-,- TELE: 1-866-428-8102-' ` Cf'?tj 10' FAX: 757-518-0860 Attorneys for Plaintiff "UIBERLAND?CdUNT`{ - t 6t? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY 140 Corporate Blvd. Norfolk, VA 23502 ASSOCIATES, LLC No. 1 t--7 1 Sb 111 v( 1 V. Plaintiff XUAN T NGUYEN 16 MALLARD CT 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 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 S 6"A ?Ga•QOf'd al? This communication is from a debt collector and is an attempt to collect a debt. C Lu q 317 a Any information obtained will be used for that purpose. R 1? a1sC17 SS 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. XUAN T NGUYEN 16 MALLARD CT 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) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o obejciones a las demandas puestas en esate contra usted. usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS ELGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 1" Iris communication is froth a debt collector mid is aii atletnpt to collect a debt, Any information obtai?icd will be used for that Iniq) se, 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. XUAN T NGUYEN 16 MALLARD CT 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. 2. Defendant XUAN T NGUYEN, is an adult individual with last known address of 16 MALLARD CT, MECHANICSBURG PA 17055. It is averred that Defendant was indebted to CAPITAL ONE BANK (USA) NA on June 10, 2008 with account number ************6358 (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. 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 debt. iiy information obtat?ted will be tiscd for that parposc. 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 January 4, 2010. 8. Plaintiff is the purchaser, assignee and/or successor in interest CAPITAL ONE BANK (USA) NA 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 $1,172.52. 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, XUAN T NGUYEN, in the amount of $1,172.52, plus costs of this action and any other relief as the Court deems just and Robert N. as Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 10-91119 his communication is fro n a debt collector and is an atlellipt to collect a debt. Anv info=rination obtained will be tiled for that purpos(. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Chela Wise 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 authorities. Date : 11 By: _LO t Chela Wise ! 1 Custodian of Records 10-91119 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 PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************6358 XUAN T NGUYEN Account Holder: XUAN T NGUYEN 16 MALLARD CT 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 (USA) NA Portfolio Recovery Associates, LLC ************6358 June 10, 2008 January 4, 2010 August 14, 2010 $1,180.14 September 13, 2010 Balance at Charge-Off: $1,172.52 Less Payments: $.00 Balance Due: $1,172.52 10-91119 CAPJ11 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, Chela Wise Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: 1. 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 (USA) NA / 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 September 13, 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 XUAN T NGUYEN ("Debtor") to the Account Seller the sum of $1,172.52 with the respect to account number (************6358), as of August 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 $1,172.52 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC By: Chela Wise , Custodian of Records Subsc 'bed and sworn to before me on)&Aof , 2011 otary lic 10-91119 Margie Camper Snoody Commcr• : -? tr of Virginia W',iry -',blic w a;, Ccmm <_sio, No 7500956 My Commission Expires 2/28/2015 This co3m i ntication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. a Exhibit 1 to Forward Flow Receivable Sale Agreement dated June 30th, 2010 BILL OF SALE Closing Date: September 13th, 2010 Capital Op_e Bank (USA), National Association ("Seller"), and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File to Portfolio Recovery Associates, LLC ("Buyer"), without recourse or representation except as expressly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of June 30th, 2010, by and between Seller and Buyer (the "Agreement"). All capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Cutoff Date for the Sale File was September 8th, 2010. CAPITAL ONE BAND (USA), NATIONAL ASSOCIATION By- Name: J nathan Stalls Title: Recoveries MVP CAPJ z q? Ug s? my Ela• C 5 12 Hat 5 to I HIP d F9 EE i ss ppCC pp E E? e IRA I i will Jam" pry0It?iI'mYI _ n m E P Z; ua E - ?m R Bill '99 V a IL aga r ?. a o om 522 .?. 43% s j; JP ??pp Ycy LL Nil a 8 Zia -c of idno .5 .6 E ?g Vl, ? E fill all c- mgrs MHz ?L E All o 11ES -959 RPM H g? all, m ts-71-1 '81 CIE S.- san -Ail IRA jai oe€ figs$a jj'?j u I VIt1. M? IS Sri] -JI g m,? .g € ; s Iva 9 li b 9 Ogg o Ell Fi m j d 3; ROME 11211 a Is RR a a m ft'Mz? # g81? Ell 81 a , ¦ I .4 BPI a,? BM gam ??°? m g? ? C 59 G a rs all ?k 911 a r aB psi IRV! ?11 ° sS? kill p U11-91-211 11 91 1, .1 Min 6., Ri fill 421 All I??a? $ ta 152 Zt 6! ifflil 42 J { Ian, it 2 .1, '91 m a s 8?$Q ? ?o? ?gp im? I tit N W HVain .? ZEN 11 gg? FIE fits z 41 '1 - 11 11 a w IJs .5 MaEu 081 1§1 S a a; III JIM IN MR Le 0 ?g $? fill, '41 ?jn All -17,11-131 4141 ,11 11 a 19-MM-0 -PS F! LE P41 2 $$$ Hl g a 8 Is 's g. a sad ? Us ° H ?M-2 ?o s??-? gym Mtga i ma;F$a -101 -1 1 r22$$g ?2X ? gE§g?g'?dS 365 wo r, 42 E log . plat'l s v pp ffi?? Oil- Wig D318-11-03D5 ARBITRATION AGREEMENT M-15133 IMPORTANT. THIS ARBITRATION PROVISION IS A PART OF YOUR CUSTOMER AGREEMENT You and we agree their either you or we mat at either sole Pro is made pursuant to a ww don involving interstate election, require that any Claim (as reined below) be by Provision binding arbitration. IF YOU OR WE ELECT ARBITRATION OF A CLAIM NEITHER YOU NOR WE WILL NAVE THE RIGHT TO PURSUE THAT CLAM N C01NIT OR BEFORE A JUICE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPUSE11T11TIVE PROCEEDING. EXCEPT AS SET FORTH BELOW, THE ARBITROITOR'S DECISION WILL BE FINAL AND $NI NW. OTHER HMM THAT YOU WOULD HAVE If YOU WRIT TO COURT, INCLUDING THE RIGHT TO COIMUCT DISCOMY OR TO APPEAL, MAY BE LIMITED OR UMAYANABLE IN ARBITRATION. THE FEES ASSOCIATED WITH AI?RRATNON MAY BE HIGHER THAN THE FEES ASSOCIATED WITH COURT PROCEEDINGS. Special Deflafdans for this Arldhatlon Provision. For the ppurposes of this arbitration ptorLstm ('Arhitredon Prvvlsiohn'), the ,clawing definition shelf amt In addition to tie definitions set forth 0 your Customer Agreement ('Alreemmt'): "Clalos' means any dais, controversy or dispute of any Idnd or nature between you and us, A Tbfs deNeifiar iadudles', wNW 11mWon, any Claim drat w • One Agreement and any of Its terms(I(IncArdng any prior agreements beMem you and us or between you and any other entity from which we acgWfad yaw account) • this Arbitration Provision (including whetirer any Claim is subject 10 arbitration) • she esGblisirrnen4 operation or termination d your amount • anydbdosuM fwamolonsoroWcomeinirations retailing to your accoont whether they occurred before or after your aocamm was ape nit • my transactions or attempted transactions involving your accord • any bilfirg a collections rllalty. sl ling to your account •anypmtkgof 1.Aafs(ndudngpaymieslsaaedts)loyoura=d • any or services charged to your aux art • felcalau Interest or other char assessed to your account, or • any products, services or benefits rams related to or offered in connection carceMon or rude ndeed service disarm army proInsurarice, debt grams, files, rewords, sweapslalnes, membersir'ps dscornls or coupons) rtiellror or rid we offered, introduced, Mir provided them •curreceipt =ordisdoatre of atrinfixin ionabwtywayawaootaad • any 011W matters relating to your account of your relationship with us B. Kris de7rnXw also h7cludes, wy =t Bmih>rorpr, any Calm, brought (for • dais, cauneeCm, rr? laK Is im, I ngaoNi dd-" elm m) • based an any theory of relief or damages Unclydhng momra?yy dosages asst any ,arm d s cottonpecific perfomancce or injunctive declaratory a :d equilabe • based on any theory of law or equity mduding contract tort, fraud, constitution, statute, r?lanon, wane OF wrongful acts or omissions of ay typo wfidhfr negllgmL reckless or irderelonal) • made by you or M anyone connected with you or claiming though or • for which we may be directly or indirectly liable under any meat including respon0aat superior oragency (awes it we are not properly named at ft tine The Claim is =1 • now in exist ice or prat may arise in On future regardless of whenthe facts and circumstances that ghre rise to the Maim occurred or when the Claim accrued • made as part of a class action, privaeeadomey general lion, or other epremtgtve or collective action which Claim shelf proceed on an ndmdual basis as set lanth more fully in this Arbitration Provision. Arbitration Administrators. One of the following arbitration administrators CAdmiislralor' or. collectvety, 'Administrators) will administer the arbilydiorr JAMS 1920 Main St., Sue. 300 lM e, CA 92614 wArwlansadr.Glm Americoh Arbitration Ass'n 335 Madison Ave., Flow 10 Flew York, NY IOD1?-M ;wwadcorp National Arbitration Fam e P.O. Box 50191 Minneapolis. MH 55405 www.arNOation-lomm.uxm eeduraa and Law Applicable in Arbilra0rre. This Arbitration rcunmwra and shall be flovemed bbyy, and eNaceable under the Federal a Act On 'FM'). Oues6ona about whetter any Claim 4 to arbitration shelf be resolved by interprdbng this Arbitration n in tiro broafest it be anlarced. consistmd with the i the terms of the Art on Profton. The arbitrator will apply see tar consistent with the FM and aooifcable stabiles of court of cort t jraisdirAar, not at may award any damaoct or am power to gym(m 16y or abgiryaoi tl III not hav'No oC nsoli loo.., Joinder d Ponies; below), 6ru the awardp?splramlpI delrxmine the rights and obligations of o dy the named parses and only with rB4ped to the Claims in arbitration. The rules and pprocedures of bra Administrator. which you may obtain from bra AdmdntstWor, shall gown the abitraim unless they mrdlki with tits Arbitratan Provision, it wtwcth race this Arbitration Provision will apply. The arritmtor will not be band bt and this Aibtra0on Provision Sant not be sarljact to, the federal, stab or local rues d poicedum and evidence that would aopty incourt, You or to ? or local laws that reels to arbtremtnfoon proceedings. may have a hearing in arbibaton Any arbdrafron hearing that you atlend in person will take pace at a location in the federal judicial district dot Includes your last-known billing address a at some obft plan uponwhich ycu mdweagrea, You of we IN arbitrator will may be mpriesentad cournsel. it you or we f a der prlvlege remgftimd under apple IN and will use leg elona to prolect cmfidenGal information (including through the use of proleethre ordeal. The arbitator will mats any award in wrung and, at the timely request of either party, wit provide a written statament al reasons for the award. Costa. The party 1ni8- arbitration will prey the inital filing lee. You % seek a wavy of the initial fil'nop fee ar aay d the Admkft%ta's oltrer fees (cdlec?ayswve?llyy,, 'Mdnistra a Fras') under arty applirabe rules of IN Adminlsbab. b you seek but do nit qually fo , a waivrer, we will consider any written request by yarn for us to pay or reimburse you for all of To. d the Adminisbalorls a We also will pay or reimburse you for alpart of the Adminishelofr fees ff the arbitrator determines there is good reason for us to do so. Wa will pay any fees and costs we ae regrdred to pay by law. Otherwise. and mapt as provided in this Agreement you and we will bear all of our respectme fees and costs (nd cling the ) dndnistralofs Fees and this fees and costs re lalinnpp to attorneys, expels and witnesses). 1. on of lees add costs relating to appealsln arbitration wi ti be Candled in the source manner. No Consolidation OF Joinder of Pasties. The arbitration at any Claim msi proceed on an individual basis, even it the Claim has been asserted in a court as a class action, private allomey gemwal action or other representative or collective amm. Unless all pates conserd, nigher you nor we may join, eonsdidue or otherwise bring Claims related to two or more accounts. indlvldrats of accountholders in the same arbitration. Also, unless all partlm consent, nether you nor we may fatuakilatlve or r collecaction, private tive action in a ?r6gl iallimgeneral ,, nor nay nynaairo other we pursue such actions In Court iI any party has elected arbitration. You will not have the right to act as a class represwwalive or participate as a member of a elms of clamads with respect to any Claim as to which arbitration has been elected. Judgment, Enforterneet, Hna and Appeal. The arbitrator's declailm will be fiat and binding after n drys unless you awe seek an appeal of the award by noting a written request to live Adsintstrata. The appeal panel, wtdclv will consist of three arbitrators, will corsiller all factual and le4 Issues anew, will coadud the appeal in the some manner as the offal erbltradon and will make decisions based an the vote of the majority. The pamirs decision will be Scot and binding. Any foal decision of the arbitrator or of the appeal panel Is subjectio judical review only as set forth under tiro FM An award in ati tfation will be enfomeabie under the FAA by ary court having jurisdiction. Mtseellaaeoas, Welver, SeverebNlly, Survival, b you or we do not elect arbttratlon or otherwise enforce this Arbitration Prevision in connection with any particular Claim, you or we will ltd waiveary dghis to require arbitration it connection with that or any other Claim. This Afbit- hors Provision shall survive: () suspension. termination. revocation. closure or dongm of this Agree mant, your account and your is deaft imaud or unenforceable, the femaWng portions of this Abitraton Provision shall nevertheless remain valid and in force. In the event d a conflict or inconsistency between this Arbitration Provision and the Other provisions of this Agreement a, any prior agreement, this Arbibranon Provision. slag govern. A photocopy or d* Image of this Agreement and related doaaments may be used in place of bu crigirsals for all purposes including litigation- ® 2005 Capital One Services, Inc. Capital One is a federally registered services mark. All rights reserved. You mar contact any of ire Adrrtnistratars to obtain information about orb [ration, arbftratim rules and procedures, fee schedule and claim forms. Efeetlem end Initiation of Arbitration, You or we may elect arbtradim under this Arbdrglon Provision with respect to any Maim, even if ire Claim is pan of a lawsuil brought In court. You or we may nape a motion or request In court to compel arbitration of any Claim trough[ as part d any lawssdt tie will not sled or ideate arbitration of any Clainbrootinasmallclaimscout a the equivalent), so as thaClaim remains inthat coud is made etyonbeballoiani ' or joist account holder and is not made as part of a class action, private attomey generai actiona derrepmserdatae a coMdlye erbon. YOU and we must follow the mules of the Adndnistrdcrs to inglate arbitration. If you inflate arbtra0m. you may choose one of the Adnldstrathrs, and you must mail OF any notice required by the Administrator to P.O. Brut IISM, Richmond, VA 232853550. I we lntiele arbitration, we will choose one of theAdmile sfralas, and we will mat yam any nolfu required by the Administrator to your IaN-knarm Oitirg address. If we Igye initiated arbt'171im. we will dswge the Atktrintslrator at your request b you notify us in writing at the above ounces euiorr uueeii UOYS of uie hots w any iatiU we saw you ui cur initiation of arbitration. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor of t:1 L ` C SEP 30 CUM8ERLAN10 PEN?t4SYLV;` I'Portfolio Recovery Associates, LLC I vs. Xuan T. Nguyen, Jr. Case Number 2011-7150 SHERIFF'S RETURN OF SERVICE 09/22/2011 08:39 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 22, 2011 at 2039 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Xuan T. Nguyen Jr., by making known unto Rachel Nguyen, Wife of Defendant at 16 Mallard Court, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.00 September 26, 2011 DENW FRY, DEPU] SO ANSWERS, RON R ANDERSON, SHERIFF !Cj clmnl`.'SultF- S',er;}f. Tele05?'t lac. LFD-0f-F1CF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUM.TYY $!A P R O TH ONO TA R CIVIL ACTION - LAW ,6_! Cti 19 A!,1 8: 15 PORTFOLIO RECOVERY ASSOCIATES, LLC '; 1B E RL t;w D COUNTY 140 Corporate Boulevard 5 L VA N I A Norfolk, VA 23502 Plaintiff V. XUAN T NGUYEN 16 MALLARD CT MECHANICSBURG PA 17055 Defendant -I- 0?- I ? Date: No. 2011-7150 PRAECIPE FOR DEFAULT JUDGMENT Filed on Behalf of Plaintiff Counsel o r cord for this P< 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) 757-518-0806 Attorneys for Plaintiff This cotrununicatrcrn is front a debt collector is an attempt to collet a debt. An?Y information obtained still be used f'Or that prUpo,e, ??,} ,, ? y. oo Pd a 11P176 0? to a? / Pt! ?d I CQ /77,4, IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, VA 23502 Plaintiff No. 2011-7150 V. XUAN T NGUYEN 16 MALLARD CT MECHANICSBURG PA 17055 Defendant PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant, XUAN T NGUYEN , for failure to answer the Complaint. (X) Amount Due $1,172.52 Less Credits $.00 TOTAL $1,172.52 (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (X) Pursuant to PA.R.C.P.237 (Notice for Final Judgment or Decree), I certify that a copy of this praecipe has been mailed to each other party who appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P.23 1. 1, I certify that a written notice of intention to file this p c e was mailed or delivered to the party against whom judgment is a entered and to ' /he Attorney of record, if any, after the default occurred and at least to ys p 'or to the date of cling of this praecipe and a copy of the notice is attached. Date: Robert N. Polas, Jr., Esquire # 201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0806 Attorneys for Plaintiff flais cointnutdcatio" is from a delft collector is, aaa attempt to collect a debt. Am, inforniatiot3 obtained will be used IOr ghat PLWPO e_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, VA 23502 Plaintiff No. 2011-7150 V. XUAN T NGUYEN 16 MALLARD CT 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 $1,172.52, plus interest, on. ft - (X) A copy of all documents filed with the Prothonotary in support of the By: If you have any questions regarding this Notice, please contact Date: C? 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) 757-518-0806 Attorneys for Plaintiff `11is comraunication is from a debt collector is ait atteiri it to collect a debt. Any infornimion obtained will be used t'«r that puipose_ PORTFOLIO RECOVERY ASSOCIATES, LLC Litigation Department 140 Corporate Boulevard Norfolk, VA 23502 Telephone 1 (866) 428-8102 Fax: (757) 518-0860 Hours of Operation: Monday through Friday 8 AM to 9 PM (EST) November 2, 2011 XUAN T NGUYEN 16 MALLARD CT MECHANICSBURG PA 17055 10-91119 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. XUAN T NGUYEN 2011-7150 Dear XUAN T NGUYEN: Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, Robert N. Polas, Jr., Esquire Carrie A. Brown, Esquire Attorney ID# 201259/94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA Attorneys for Plaintiff This coin muni.cation is from a debt collector is an attempt to collect a debt. Any inf rrnlation obtained u-il1 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. 2011-7150 V. XUAN T NGUYEN 16 MALLARD CT MECHANICSBURG PA 17055 Defendant TO: XUAN T NGUYEN 16 MALLARD CT MECHANICSBURG PA 17055 DATE OF NOTICE: November 2, 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 This communication is from a debt collector is an attempt to collect a debt. Any infonnation obtained will be used for 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. 2011-7150 V. XUAN T NGUYEN 16 MALLARD CT 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 16 MALLARD CT 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: 10-91119 Robert N. Po s, 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 his cotltcnurlication is h €teht collector and is are attempt to collect a debt, Anr ,, Infotrnation obtained \N-ill he used for that purpose. D4artmenvof Defense Manpower Data Center Nov-16-2011 14:30:42 Military Status Report 10-91119 Pursuant to the Service Members Civil Relief Act Last FirstfMiddle Begin Date Active Duty Status Active Duty End Date Service Name Agency NGUYEN XUAN T Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). 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 thatthe individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or anyfamiy member, friend, or representative asserts in any mannerthatthe 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 htto:/twww.defenselink.miUfagipis/PC09SLDR.htmi. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of-contact. More information on "Active Duty Staters" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:4BC75FJF5M