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HomeMy WebLinkAbout11-7152Robert 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 ED-o F:CE 2-011 SEP 15 AM 11: 0-1 D COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. AMBER N HART 4103 GETTYSBURG RD APT 1 CAMP HILL PA 17011 Defendant NOTICE No. ) I ..-) 16 a 0l ri 1 You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action withing twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by an attorney, an filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Rt?? 9a. cc pd a ctvuc? Qu a4Y7 57 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. AMBER N HART 4103 GETTYSBURG RD APT 1 CAMP HILL PA 17011 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 Demands 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 I'his conummi_cat:ion is 1`rotn a debt collector a:t,l is aii attempt to collect a deb! _lny information obtained will be - , ( t.r 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. AMBER N HART 4103 GETTYSBURG RD APT 1 CAMP HILL PA 17011 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 AMBER N HART, is an adult individual with last known address of 4103 GETTYSBURG RD APT 1, CAMP HILL PA 17011. It is averred that Defendant was indebted to HSBC CARD SERVICES (III), INC. / DISCOVER on April 16, 2007 with account number ************7682 (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 c,oniniunication is from a debt colleclor and is an attempt to collect a debt. Any information obtained mill be used for that purpose. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on November 26, 2010. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC CARD SERVICES (III), INC. / DISCOVER 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 $1,031.87. 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, AMBER N HART, in the amount of $1,031.87, plus costs of this action and any other relief as the Court deems just and l 10-88052 Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 This conrin2_unication is from a deft collector and is an atten)t,,)t w collect a dent, Anv information obtained will be used fir that purpose, 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 : 011 kot V'3- 121n 1 l By: ' Ix N ? Chela Wise Custodian of Records 10-88052 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: ************7682 AMBER N HART Account Holder: AMBER N HART 4103 GETTYSBURG RD APT 1 CAMP HILL PA 17011 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase: Purchase Date: Product Code: CC HSBC CARD SERVICES (III), INC. / DISCOVER Portfolio Recovery Associates, LLC ************7682 April 16, 2007 November 26, 2010 March 31, 2009 $1,076.87 September 22, 2009 Balance at Charge-Off: $1,076.87 Less Payments: $45.00 Balance Due: $1,031.87 10-88052 HSBF79 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: 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 HSBC CARD SERVICES (III), INC. / DISCOVER ("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 22, 2009. Further, the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from AMBER N HART ("Debtor") to the Account Seller the sum of $1,076.87 with the respect to account number (************7682), as of March 31, 2009 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $1,031.87 as due and owing as of the date of this affidavit. Portfolio Recovery Asso ' tes, LLC By: Chela Wise , Custodian of Records and sworn to before me on of , 2011 A iJ 10-88052 M13 ?9..e C Comm onL ea Per S?pod " Of Mya n PUbh?v?r9'nia $"jo15 I hiG cor rounication is from a debt collector and is an attempt to collect a debt, Any information obtained will be used flor that purpose, 0 0 BILL OF SALE HSBC CARD SERVICES. (111) INC. (fWa HOUSEHOLD CARD SERVICES INC.) ("Seller"), for value received and pursuant to the terms and conditions of the Receivables Purchase Agreement ("A ear) dated April 1, 2007 between Seller and HSBC CARD SERVICES (111) INC. and Portfolio Recovery Associates, LLC, ("Purchaser'), does hereby sell, assign and convey to Purchaser, its successor and assigns, all right, title and interest of Seller in' and to those certain purchased Receivables (as defined in the E21ihit A !Sale Filet without recourse and without representation o of, or f, or Agreement) listed warranty on the attached collecti of, bitty, or otherwise, except to the extent provided for within the Agreement. EXECUTED this 29t" day of September, 2009. HSBC CARD SERVICES (III) INC. By: ?? 7e"?-? Na mTitleVice President-Assistant Secret?rv k°V 14 bfW99 it yuu ran w pay uw amount we mmK you owe, we may report you as delinquent However, if our explanation does not you, and you writs to us within ten days telling us you still refuse pay we must tell anyone we report you to that you have a question about yyoour bill. And we must all you the name of anyond we reported you I to. Upon settlement of the dispute we must tell everyone we report you to that the matter has been settled. i If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. SPECIAL RULES FOR CREDIT CARD PURCHASES If you have a problem with the quality of proceed or d services you purchased with a credit card h t i d i This document and accompanying Additional Disclosure Statement make u our up Y Cardmember A reeme t and `thr u h t thi , an you ave r e n good faith to g n o g ou s correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two document are referred Was CardmemberAgreement or Agreement. The Additional Disclosure Statement contains important Account (a) You must have made the purchase in your home state or if information including your Annual Percentage Rates ("APR"s) and ., not, within 100 miles of your current mailing address. amount of any fees. Please take the time to familiarize yourself with (b) The purchase price must have been more than $50. Your Agreement and retain it for future reference. These limitations do not apply If we own or operate the Marchant, or if we mailed you the advertisement for the Thank you for being an HSBC Cardmember. We appreciate our business arci?Service s (11 Inc. p ovid eprocessing ssercvicens for HSBC y . . Bank Nevada, N. . TABLE OF CONTENTS You may write to us at the address shown on. your billing statement. or HSBC Bank Nevada, N.A., 1111 Town Center Drive Las Vegas Nevada 89144 Agreement to Terms and Definitions 1 , , . Using.Your Account 1 Your Credit 1 Payment 2 Interest Rates and Finance Charges 4 Thomas M. Kimble Executive Vice President HSBC Bank Nevada, N.A. February 1, 2006 Visa is a registered mark of Visa International and Visa U.S.A. MasterCard is a registered mark of MasterCard International, Incorporated. 02006 HSBC Bank Nevada, N.A. Account Fees 7 Foreign Transactions 8 Account Renewal, Closure And Termination 9 Credit Card Fraud 10 Personal Information 10 Additional Terms 11 Your Billing Rights 14 AG2505A (12/06) CI AGREEMENT TO TERMS AND DEFINITIONS This Cardmember Agreement and any amendments (.Agreement) govam the open and line of credit we have esleblished 4co you (your Account). "You" and your" refer to all persons who applied for the Account or are contractual liable through any other means. 'We, us,' and "our" refer to HSB Bank Nevada, N.A. 'Card' means anyy credit cards or other access devices issued under this Agreement. j "Network' means Visa International, MasterCard international Incorporated, Discover Financial Services LLC or other governing credit card network, as applicable. You and we are bound by this Agreement from the earlier of the time you receive it or from the date of the first transaction, including, without limitation, the placement or posting of any Annual Fee or Periodic Membership Fee on your Account. You may close your Account before using it without paying any Annual Fee, or Periodic Membership Fse if applicable to yor Account when you call us within 90 days of your Account open date,at the customer service number on the back of your card. USING YOUR ACCOUNT Account Use. Restrictions You agree to use your Account only for personal, family, household, or charitable purposes. You agree not to us9your Account to make payments to us or to any of our affiliates. Youu agree to use your If you have it credit card with a no preset s lending limit (e.g. MasterCard- WorldCard), please see the Additional Disclosure Statement. Credit Authorizations Some transactions will require our prior authorization and you may be asked by the merchant to provide identification. If any part of the authorization system is not working, we may not be able to authorize a transaction, even if you nave sufficient available credit. We will not be liable to you if any 7 1t these events happen. We may refuse to authorize any tran rig at our sole discretion including, without timltation; 'f 'we reasonably suspect that such authorization may result in fraudulent or suspicious activity on the Account. We are not responsible for refusal or failure to authorize any transaction or refusal by any merchant to acceptor honor.your Card. PAYMENT Promise to Pay You promise to pay according to the terms of this Agreement for all: (a credit we extend-on your Account; (b) Finance Charges, ate charges, overlimit charges and administrative charges (e.g. for research, returned checks, overdraft rapplicable on if applicable, etc.)• provided in this Agreement,, and ction costs and attomeys' fees to the extent permitted law. Account only for valid an lawl purposes and that if your Account Is used for any other purposes you are responsible for such use and If your Account is a joint Account, each l may be required to reimburse us and the Network for all resulting 1omtly and individually responsible for all amounts and expenses. this Agreement regardless of death, roceedings or any agreement that Types of Account Transactions You can access your Account using your Card or by other means approved by us to make purchases or receive cash advances. We may limit the dollar amount and/or frequency of any type of transaction without notice to you. YOUR CREDIT between you. If any joint Accountholder ifable for future transactions, we may close do, you must continue to pay according Agreement, but you will not be able to m your Account j Credit Limit We will advise you of the total credit limit on your Account. All or You total credit limititl and credit advance limit iaysc hange from time to time. We will notify you of any such changes-through your billing statement or by sending you a separate notice. If no separate cash advance limit is listed on your billing statement, then the amount of your credit limit available for cash advances is your total credit limit. j You agree not to allow your unpaid balance (including Finance Charges and other charges) to exceed your total credit limit We may not extend credit if you have exceeded your total credit limit or' f the amount requested would cause you to exceed your total credit limit. If you exceed your total credit limit, you agree to pay us that excess amount 1mmediatel . Your available credit and cash advance amount may not reflect your payments for up to 1 14 days. 1 oint Accountholder is amounts due under divorce, other legal may affect Iiabii'ity requests to not be your Account. If we to the terms of this ake new charges on Payment Each statement you receive from us will identify a Minimum Payment and Current Payment Due. Minimum Payment The Minimum Payment is calculated as follows: (1) If your New Balance is not more than $15, your Minimum Payment is the New Balance. (2) If your New Balance is more than $15, your Minimum Payment is the greater of: (a) 1 % of the New Balance shown on your statement plus the following: • any periodic Finance Charges • any Monthly Maintenance Fee Finance Charge or an amount equal to 1112 of the Annual Fee, if applicable, and • any additional amounts disclosed in the Additional Disclosure Statement, or (b) $15 2 Current Payment Due The Current Payment Due is the greater of: (1) your Minimum Payment plus any amount past due, or (2) the greater of. (a) 1% of the New Balance shown on your statement plus the following: • any periodic Finance Charges • any Monthly Maintenance Fee Finance Charge, or an amount equal to 1/12 of the Annual Fee, if applicable, and • any amount over your credit limit, or (b) $15 plus any amount over your credit limit.' . Your Minimum Payment and Current Payment Due will be rounded up to the nearest dollar, unless doing so will cause the resulting value to exceed the New Balance. Timing and Form of Payments You must pay at least the Current Payment Due in time to be credited to your Account by the Payment Due Date, and failure to do so constitutes a default of this Agreement. Instructions for making payments are on your billing statement. For a payment to be credited to your Account as of a particular day, we must receive your payment by the date and time and in the manner spedfied in those instructions. If your.Account is overtimitt,, you can avoid an additional overlimit fee by immediafeiv oavino at least the Current Pavment Due can avoid an additional late fee by paving at Due Date to avoid progressingg to the next stage of delinquency. You may pay more ti?an the Current Payment Due and may pay the entire New Balance at any time. All payments must be in U.S. dollars. Except for disputed payments, if you pay by mail the payment must be sent to the address speoll on your bitting statement. If you pay by negotiable instrument, such as a money order or check . must vein a form that Is a?eptable to us and must be drawn on a U.S. financial instdtution. Any check, money order or other Inatrument tendered as an accord in sa6sfactlon, or which includes a condition, restrictive endorsement or any statement to the effect that acceptance of such instrument shall constitute full or partial on of a disputed or undisputed debt (collectively, a "Condition") must be sent to the address for written Inquiries shown on your billing statement. You must note conspicuously on the face of the payment instrument that it is tendered for this ourbose. We reserve the right to refuse to ac to a Condition. If the payment di and we process it, we will not sending us a check for ppaa,?, authorize us to initiate an slat bank or other financial instlh terms of the check. This n converted to an electronic transi not be returned to you by your 3 TBY you /our twill 11 be destroyed. Your checking or other financial institution account may be debited the same day we receive your check. If you do riot want your checks to be converted to an electronic funds transfer please call customer service. at the phone nujnber on your card. Application of-Payments At our discretion payments are generally applied to interest, fees and then pi4ndpal balances. We apply yourpayments to lower APR balances before higher APR balances. The application of payments is subject to change at any time, without notice. INTEREST RATES AND FINANCE CHARGES Interest Rates The APRs on your Account are either a fixed or variable rate. Variable rates are determined by addin T specified amount ("Spread) to an Index (described below The APR is divided by 3t35 and rounded to the next higher hundred thousandth of a percentage point to determine your Daily Periodic Rate. The Daily Periodic Rate Is used to determine the amount of Periodic Finance Charge (see Finance Charges). Index For Variable Rate Accounts Please see the Additional Disclosure Statement for the Index paragraph below that is applicable to your Account. (1 } WQn I For each billing cycle, the Index is determined In e: month prior to the month in which the billing cycle ends. In that prior month, the highest domestic'Prime Rate" published in the Money Rates table of The Wall Street Joumal is selected (the "Index"). If the Index has changed the new variable rates will take effect with the billing cycle that ends on or after the first day of the month following the Index change. (2) suarter Is the highfor est domesticn"Prime Rate published M the Money Rates table of The Wall Street Joumal on the first business day of the preceding calendar Index has tak eeft the with linng ? cycleedth t begi inns? ? rates YAP the ut in July or October following the Index change. (3) Qther Index Please see your Additional sc osure tatement. An increase in the Index will increase your applicable Daily Periodic Rates which may increase the Finance Charge due to any existing L ba anceess, eany xcluding any Promotional oir Introductory APR that may apply. Purchase APR For credit card purchases, the Spread for variable rates), APR and corresponding Daily Periodic Rate are disclosed in the Additional Disclosure Statement. 4 Cash APR For cash advances the Spread (for variable rakes), APR and corresponding Daly Periodic Rate are disclosed in the Additional Diisciosure Statement. Default APR If your Account has a Default APRprovision, the Default APR and conditions that may cause a Default APR to.take effect as well as the Spread (for variable rates), APR.and corresponding Daily Periodic Rate are disclosed in:vha Additional Disclosure Statement. `? Promotional or Introductory APR we may otter you a De snortened are disclosed in the offer. Certain promotional offers may or may not be subject to Cash Advance Fees. Any Promotional or Introductory APR offer will be subject to the terms of the offer and this Agreement. Finance Charges Finance Charges are the total of the greater of (a) Minimum Finance Charge or (b) Periodic Finance Cha es, and.an applicable (c) Cash Advance Fee Finance ?harges, Foreign Transaction Fee Finance Cha a (e) Credit Limit Increase Fee Finance Charges, ( MonlPy k4intenance Fee Finance Chargas, (g) Overdraft Fee Finance Charges, and (h) any other Finance Charge(s). Please see the Additional Disclosure Statement for applicability and amount of the following Finance Charges. (a) Minimum Finance Charge. A Finance Charge that is assessed In lieu of a lesser periodic Finance Charge in any billing cycle in which a periodic Finance Charge is payable. new a a we amount was outstanding prior to the beginning of the current b!Uing ?cyda. Then, for each transaction , we add the Daily Balances forytshem billi yddec a adivide the toted by t anrxr of dal train _teaorv This is the Average Daily (1) Credit Ca m Periodic Finance Charges begin to acaue on a date of the transaction and continue to accrue 5 until payment in full is credited to your Account. However, there Is a Grace Period on new credit card purchases. That means, if the New Balance shown on, your last statement. is paid in full by the Payment Due Date for that statement, periodic Finance Charges will riot be imposed on new. credit card purchases, provided the New Balance for the current billing cycle is paid in full by the -Payment Due Date for that bllfl cycle. If however, the New Balance is not paid in full by the Payment bus Date for the Immediately preceding billing cycle, periodic Finance, Charges awililll be incurred on new credit time in card purcluises; rxrrrei?t cydeI from thhede?te of the ?saaccta?n amend on the tl previously billed but unpaid credit card purchases-from the first day of the current cycle. (2) Cash Adxaqcop including balance transfer and credit car checks). eAodic Finance Charges begin to accrue on the date of the transaction and continue to accrue until payment in full is credited. to the Account: There is no Grace Period on cash advances. Periodic Finance Charges will be calculated using the Daily Periodic Rate in effect on the statement dosing date. You may request a change to your billing cycle date no more than once a year. You agree that changes based on your request may shorten any Grace Period you may have or increase the time period for which periodic Finance Charges may accrue. An fee Finance Charge may cause the APR on the, billing statement on which the fee Finance Charge first appears to exceed the,nominal APR.. (c) Cash Advance Fee Finance Charges. Cash advances include all advances to get cash over the counter, through an ATM, balance transfers (if available l, credit card checks; (if available), or other "cash-like" transactions (such !as purchasing a. money order traveler's check, casino or betting chip, or a lottery ticket) as determined by us. A Finance Charrgge wilt be computed on the amount of each cash advance as of the date of the transaction. (d) Foreign Transaction Fee Finance Charge. A Foreign Transaction Fee Finance Charge is assessed on transactions made in a foreign currency. Your billing statement will list the transactions separately from the Foreign Transaction Fee Finance Charge. send Credit e Umit Increase Fee Finance Cha If you request approved for a credit limit increase'T"CIL11"), a CLI Fee Finance Charge may be assessed to your Account. Monthly Maintenance Fee Finance Charges. A Finance Charge that is assessed to the Account for each billing cycle whenever that Account is closed with a debit balance. Overdraft Fee Finance Charges. (Applicable only to (a)BC Credit Card accounts providing overdraft protection to designated HSBC Bank USA, N.A. deposit accounts). If you requested overdraft privileges, we will lend you from your 6 available cash advance credit limit the amount needed to cover any overdraft due to insufficient funds on the designated deposit account. We will transfer to the deposit account the amount of the overdraft rounded to the next full dollar. We will not make a transfer if you d0 not have sufficient unused credit available or are delinquent hereunderAn that case, the overdraft will be subject to the usual deposit account rules and fees. Under no circumstances shall any such overdraft be allowed'to exceed. your.available;.credit limit. You understand that we have. the light to cancel this. Account or your overdraft loan privileges. at any Ume.: We may add an Overdraft Fee Finance Charge,to-y.oouur•Account if your. Account Is utilized to.. cover.. any; overdraft. on your desiggnated deposit account. An Overdraft Fee Finance Charge (will be computed: on the amount of each overdraft transaction: Ph) See See Additional Disclbee Statement for any additional Charges t may PP your Account. ACCOUNT FEES Please see the Additional Disclosure Statement for applicability and amount of the foilowing fees. . Annual Fee/Perloolc Membership Fee If your Account is subject to an Annual Fee or Periodic Membership Fee, you agree to pay this fee each year (or other parodic assessment if indicated on the. Additional Disclosure Statement) your Account Is open, or closed with a balance. You agree that this fee will be charged to your Account If ou close your Account within the first 90 days your Account is- open, the Annual Fee/Periodic Membership Fee(s). are refundable so tong as you have not used the Account. The Annual Fee/Periodic Membership Fee compensates HSBC Bank Nevada, N.A. in part, for cardmember services provided or made available to you throughout the membership year. Late Payment Fee A Late Payment Fee is assessed for each billing cycle in which at least the Minimum Payment, and any amount past due, is not paid in time to be credited to the Account by the Payment Due Date. Overlimit Fee An Overlimit Fee Is assessed if the Account balance exceeds the applicable credit limit at any time during a billing cycle. We may impose this fee even If we authorize or impose any charges that cause your balance to exceed the credit limit Other Fees and Charges Returned Payment Fee A Returned Payment Fee is assessed to the Account each time a payment check; automatic payment deduction, or other payment method is not honored or Is returned unsatisfied by the bank or other financial institution. Any payment returned unsatisfied for any reason may be reposted to any type of 7 transaction (i.e. cash advance, pu hasps, etc.) and Finance Charges may be reinstated back trT the payment date at the APR being charged for that transaction. Returned Check Fee A Returned Check Fee is assessed to the Account each time a credit card check, balance transfer check (d available), electronic check or other Account access device is returned unsatisfied by us for any reason. Check By Phone Fee .Y. A Check, By Phone Fee is assessed to the count each time a payment is made by telephone, even if the payment'is made by someone other than you. Stop Payment Fee A Stop Payment Fee is added to the cash advance balance when a payment of a credit card check is stopped at your request Payment may be stopped on a credit card check by notifying us in writing or by calling us at the telephone num listed on the Account billing statement so long as such check has not already been processed. A stop payment request must include the check number, payee, amount, and date of the credit card check on which ayment is to be stopped. If a stop payment is requested by telephone, the call must be confirmed rn writing within 14 days: A written stop payment will remain in effect for six months unless renewed in writing. The address to* send a stop payment request is disclosed in the Additional Disclo sure Statement. Research Fee A Research Fee is assessed to the Account for each sales slip copy, statement copy and application copy requested. Replacement Fee A Replacement Fee is assessed to the Account if we replace a Card that is lost, stolen, or damaged, or if'we issue a replacement Personal Identification Number to facilitate access to Automated Teller Machines.(PIN) If a uest charge our cur card feerfor thiseserncea rush basis, we will Reinstatement Fee A Reinstatement Fee is assessed whenever a request to reopen a closed or blocked Account is approved. Additional Fees See the Additional Disclosure Statement for any other fees that may be applicable to your Account. FOREIGN TRANSACTIONS If you make a transaction in a foreign currency, the transaction wn"11 be converted by the Network, into a U.S. dollar amount In accordance with its operating reguiations or conversion procedures in effect at the1me the transaction is processed. Details concerning these procedures are. shown in the Additional Disdosure Statement. The Network may change the procedures, from time to time, at its own discretion. 8 ACCOUNT RENEWAL, CLOSURE AND TERMINATION Card Renewal Cards are issued with an expiration date. We have the right not to renew your Card for any reason. Closing Your Account You can dose. your Account by writing to us. Your Account balance will continue to accrue Finance Charges and other fees and will. remain subject to all the terms and conditions of this Agreement You also agree to destroy your Card(s) and any unused credit card checks. We will nbt honor ay credit card check written on your Account or authorize any transactions after your Account is closed. The address to send your request to close your Account is disclosed in the Additional Disclosure Statement Account Closure We: may.close your Account, suspend your credit privileges, or reduce your credit limit at any time and for any reason, subject to the requirements of applicable law. In any of these events., your. Account balance . will continue. to accrue Finance Charrgge?s, and fees, until 'paid in full, and will .remain subject to all the terms and conditions of this Agreement. If we dose your.Account, you agroe to destroy your Card(s) and. any unused credit, card checks. If Your Account has been closed,. or your credit privileges are suspended, you may not use your Card or credit card checks. Default You will be in default- under this Agreement if: (a you make at least the Current Payment Due in time to be cn to your Account by the Payment Due Date; (b) you v any other provision of this Agreement (c) you die: (d ry. us wren misceaarng, raise, incomplete or i on; (0 we receive information from third I credit re portinroggagencies, which indicate a ncy or charge3 with other creditors; () yc us a Dhvsical address:' (h) you amcam vol. omit; your payment is retumea unsatisfied Dy your DanK or otherinancial institution for any reason; or 0) any credit card check is returned unpaid by us. Upon default, we have the right to close your Account to terminate or suspend your credit privileges under this Agreement, to change the terms of your Account and this Agreement, to require you. to pay your entire Account balance Deluding all accrued but unpaid charges lImmediately and to you for what you owe. If you do not pa us, your Account balance will continue to accrue Finance Charges and fees until aid in full and will remain subject to all the terms and conditions of this Agreement. If we sue you, or if we hire a third party to tolled your Account balance, you will pay our court costs reasonable attomeys' fees and other collection costs related to the default to the extent permitted by law in.the state in which you reside, and we will apply your payments first to attorneys fees and other costs and then to principal and unpaid Finance Charges. Security Interest If you have not completed a Security Agreement for your Account, we are extending you an unsecured line of credit. If you have completed an application and Security Agreement for a secured account, the terms and conditions contained within this paragraph apply to your Account As Securfty for your performance under this Agreem?t including but not Limited to the repayment of all'credit extended under this Account and anv and grant to us a first priority security interest in all money now and hereafter in the deposit account with the bank disclosed in tha "Additional Disclosure. Statement' You authorize us to restrict* withdrawals from your Deposit Account until such time as this Account is dosed and all your indebtedness is' fully satisfied or until this Account is otherwise modified by us. If you exceed your credit limit, or otherwise default under the terns of your Agreement, or if this Agreement is cancelled by you or us for any reason, we may at any time thereafter and without advance notice to you, apply all or art of your Deposit Account to the.payment and satisfaction of any and all amounts owed under this Account and any replacement secured credit card account. In addition we may use any other remedies permitted or otherwise availe)ole to us. If the amount in your Deposit Account is not sufficient to retire all obligations incurred related to your Account, you agree to pay the amount owed to us immediately. CREDIT CARD FRAUD Lost or Stolen Credit Card or Account Checks You agree to notify us immediately if your credit card or credit card checks are lost or stolen. You may notify us by calling us at the, phone number disclosed in the Additional Disclosure Statement. Liability for Unauthorized Use You should retain copies of all charge slips until you receive your statement, at which time you should verify that the charges are true and the amounts unaltered. You may be liable for the unauthorized use of your credit card. You will not be liable for unauthorized use that occurs after you notify us of the loss, theft or possible unauthorized use. Notification must be given either pbyosvs Ong u?s?n ed use or caning us i g afthe t?phone number listed on your billing statement. You will not be liable for, any unauthorized use of-your credit card Account when you notify us immediately by phone or in writing. In anyy case, your liability for unauthorized use of your credit card will not exceed $0. 'I he ao.drbs to notify us of unauthorized use of your credit card is loted in the Additional Disclosure Statement. You may also caul u . the telephone number listed on your billing statement. PERSONAL INFORMATION Change of Name, Address, Telephone Number or Employment You agree to give us prompt notice of any change in your name, mailing address, telephone number or place of employment Updated Financial and Other Information Upon request, you agree to promptly glve us accurate financial and other information about yourself: Credit Reporting If you fail to fulfill the terms of your credit obligation, a negative report reflecting on.your credit record may be submitted to a credit reporting agency If any specific information related to your Account transactions or credit experience with us is inaccurate, you may notify us to. correct the inaccurate information (after confirmation of the alleged error) reported to any credit reporting agency by writing to us at P.O. Box 98706, Las Vegas, NV 89193. Certain Privacy t Practices You, agree that from time to time we may receive cribdlt information concerning you from others, such as stores, other lenders, and credit reporting agencies, and that we may use this information to amend, cancel or suspend your credit privileges under this Agreement even if ware not in default with us. You agree that the Department of Motor Vehicles may release your residence address to us, should it become necessary to locate you. You agree that our supervisory personnel may listen and record talep-hone calls between you and our representatives In order to evaluate the quality of our-service to you and to other cardmembers. For additional information regarding our privacy practices, please refer to our Privacy Statement. ADDITIONAL TERMS Arbitration Please see the Additional Disclosure Statement for applicability to your Account. This arbitration provision, shall appply to anyy Claim against us, and to eacjo of our parents, subsidianes, of l etas, any company providing a rewards feature in conjunction with this Agreement predecessors, successors, and assigns, and each of their 9 10 11 Change of Terms (Including Finance Charges) officers, directors, agents, and employees. You agree any claim, dispute, or controversy whether based upon tort Intentional or otherwiseconstitution; statute; corr mon aw or equity and whether pre-existing, present or future), Inducing inItlefdairris, counter-deims, orce"alme and third =dal IPS arising from or relati to this Agreement the validity or which result from this Agreem6K including anforc6ablifty thi entire nt C'Claarblitrillon im anyJ- inporn tiiedele?c t on of you or us, by binding. a?rbtration pursuant to this arbitration provision and the appgi?lile. rides or Procedures of the arbitration tnmaan um aronraaon proceeatng srnall have the right to s one of the followi three arbitration administrators: Nal Arbitration Faun the American Arbitration Assoc jAAA-) or JAMS. ar chat be a lawyer with more n yea experience or a retired or former : We agree i volve recur right to arbitrate an individual bri you ? a small darns court or an equivalent court, If any, Claim Is perndir only In that court. The rules and forms c NAF; AAA a 5 may be obtained try writing to 1 organ res Ser serace f of under this provfisted ision IsHSBC Card Inc., P.O. Box 88740, Las Vegas, NV 89193-8740. " Any participatory arbitration heating that you attend will take place in the city nearest to your residence where a federal district court is.lo ated .or at such other location as by the parties. On any Claim you Me, you will pay the first Z50 of the fl6 fee. At your request we will pay the remainder of the flip Too and any a dmiriistrative or hearing fees charged by the arbitration mm dmu r any tlgo ,500 Claim a Wired to byyou learn arb adddit by t% onal fee pthay ag or part of the Youi one f?; however, , we shell nc? be otgated to pa any additional) fames unless the arbitrator grants Ih your reknbtrse yoIf " u arbitrator itional-fees award id or owed ?' two for any the arbtrretion administrator up to the amount of the M& that would have been char gad if the original Claim had been for the amount of the actual award in your vor. The parties shall bear tha of their respective attorney's TOGS, except as 81=r " pDrOvitled by right 10 mover any of thheese f?, or thefees paid tort sari notwithsta ding anytining to ihe?coontrary contain ied here the arbitrator Issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the arbitration administrator or for which we are responsible. This arbitration agreement Is made pursuant to a transaction Involving interstate commence, and shall be governed by the Federal Arbitration Act 9 U.S.C. Sections 1 - 16 (the "FAA') The arbitrator shall apply applicable substantive law consistent with the FAA and provide written reasoned findings of fact and conclusions of law. The arbitrators award shall not be subject to appeal except as permitted by the FAA. The parties agree that the award shall be kept confidential. Judgment upon the award may be entered in any court having jurisdiction. i. THE PARTIES ACKNOWLEDGE THAT TIlY ;HAVE A RIGHT TO LITIGATE CLAIMS THROUGHV A COURT BEFORE A JUDGE OR JURY BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY dLECTS ARBITRATION. THE PARTIES. HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER PARTY. You N rru ycontact, obtain the arbitration rules of, or fle a Qlaim with AF, AAA or JAMS as follows: National Arbitration Forum JAMS P.O. Box 50191 45 Broadway Minneapolis, MN 55405 New York, NY 10005 www.aarfbrum.com www.jamsadr.com Code of Procedure Financial Services Arbitration Rules and Procedures American Arbitration Association 1150 Connecticut Ave. NW 6th floor Washington, DC 20036-41134 www.aar.o Arbitration Rules for Consumer Coommrrc ((iallaAirrbitruation Rules 00) (all other claims). Assignment of Account We may sell, assign or transfer your Agreement and Account or any portion thereof without notice to you. You may not sell, assign or transfer your Account. Waiver We may choose to delay enforcing or waive any of our rights under this Agreement in certain situations. We can delay ernforcing or waive any of our rights without affecting our other ri ghts. Ifwa waive a right, we do not thereby waive the same right In other situations. Severability If any provision of this Agreement is finally determined to be void or unenforceable under any law, rule or regulation all other provisions of this Agreement will remain valid and aRorceable. Applicable Law This Agreement and your Account will be governed by federal law and the laws of the state of Nevada, whether or not you live in Nevada and whether or not your Account is used outside Nevada. This Agreement is entered into in Nevada and all credit under this Agreement will be extended from Nevada. YOUR BILLING RIGHTS What To Do If There's An Error In Your Bill YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice contains im orient information about your rights and our responsibilities under the Fair Credit Billing Act. NOTIFY-US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL If you think your bill is wrongg or if you need more information about a transaction on your bill write to us (on a separate sheet) at the address listed on your billing statement. Write us as soon as possible. We must hear from you no later than' 60 days after we sent you the first bill on which"the error or problem appeared. You can telephone us, but doing so will not preserve your rights. Please include the following information in your letter. • Your name, account number and.signature; • The dollar amount of the suspected error; and • Describe the error and explain, if you can, why you believe there is an error. If you need more Information, describe the item you are not sure about. If Yyou have authorized us to pay. your Account bill automatically from your savings or checking account, you can stop the payment on any amount you think Is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent We can continue to bill you for the amount you question, including Finance Charges, and we can apply any unpaid amount against your Credit Limit You do rot have to pay any questioned amount while we are Investigating, but you are still obligated to pay the parts of your bill the are not in question. If we find that we made a mistake on your bill, you will not have to pay any Finance Charges related to any questioned amount If we didn't make a mistake, you may have to pay Finance Charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date it is due. 12 13 14 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ?? rttp Qt CUMb,, ,, tD 4 iv E 0CT 2I AM a; q Richard W Stewart Solicitor r,. F ( Try SYS Portfolio Recovery Associates, LLC vs. Amber N. Hart Case Number 2011-7152 SHERIFF'S RETURN OF SERVICE 10/13/2011 07:03 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2011 at 1903 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Amber N. Hart, by making known unto herself personally, at 4103 Gettysburg Road, Apartment 1, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the s e. ICHE LE GUTSHALL, DEPUTY SHERIFF COST: $100.00 October 18, 2011 SO ANSWERS, RON ~ R ANDERSON, SHERIFF ;c) Count,Suite Shenfr_ Teteosoft Im, 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. AMBER N HART 4103 GETTYSBURG RD APT 1 CAMP HILL PA 17011 Defendant 11 Date: No. 11-7152 PRAECIPE FOR DEFAULT JUDGMENT CD t C ? -- gy?t a Filed on Behalf of Plaintiff Co f record for this P ?j P -V Robert N. Polas, Jr., Esquire # 201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866428-8102 (F) 757-518-0806 Attorneys for Plaintiff 0X+ * q 0o p4 C?? lao?s3 2u This communication is from a debt collector is an attempt to collect a debt. Any infonnat.ion obtained will be used for that purpose. 1? W ?"? 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. 11-7152 V. AMBER N HART 4103 GETTYSBURG RD APT 1 CAMP HILL PA 17011 Defendant PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant, AMBER N HART , for failure to answer the Complaint. (X) Amount Due $1,031.87 Less Credits $.00 TOTAL $1,031.87 (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (X) Pursuant to PA.R.C.P.237 (Notice for Final Judgment or Decree), I certify that a copy of this praecipe has been mailed to each other party who appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P.23 1. 1, I certify that a written notice of intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of record, if any, after the default occurred and at least ys prior to the date a filing of this praecipe and a copy of the notice is attached. ?j V ?' 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 'I'bis conunuiiication is from a debt collector is an attempt to collect a debt. Any inforrnation obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC Litigation Department 140 Corporate Boulevard Norfolk, VA 23502 Telephone 1 (866) 428-8102 Fax: (757) 518-0860 Hours of Operation: Monday through Friday 8 AM to 9 PM (EST) November 10, 2011 AMBER N HART 4103 GETTYSBURG RD APT 1 CAMP HILL PA 17011 10-88052 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. AMBER N HART 11-7152 Dear AMBER N HART: 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 la_tti This communication is from a debt collector is an attempt to collect a debt. Any information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. 11-7152 V. AMBER N HART 4103 GETTYSBURG RD APT 1 CAMP HILL PA 17011 Defendant TO: AMBER N HART 4103 GETTYSBURG RD APT 1 CAMP HILL PA 17011 DATE OF NOTICE: November 10, 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 cojn7nunication is from a debt collector is an attempt to collect a debt. Any information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATE, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. 11-7152 V. AMBER N HART 4103 GETTYSBURG RD APT 1 CAMP HILL PA 17011 Defendant AFFIRMATION OF NON-MILITARY SERVICE The undersigned counsel, as attorney for plaintiff, herein affirms under the penalties of perjury that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief, the above named Defendant, is over 21 years of age; is last known to reside at 4103 GETTYSBURG RD APT 1 CAMP HILL PA 17011 and is not in the military service of the United States or its Allies, or otherwise within the provisions of the Service Members Civil Relief Act and its Amendments. Date: 10-88052 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 This communication is a dent collector and is an attempt to collect a debt. Any information obtained will be used fir that purpose. Department of Defense Manpower Data Center Nov-22-2011 14:28:04 Military Status Report 10-88052 Pursuant to the Service Members Civil Relief Act K Last FirstiMiddle Begin Date Active Duty Status Active Duty End Date Service Agency Mama HART AMBER N 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). o1a, )4. 011*4 44? 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 anyfamily 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 http:itwww defenselink miUfaglpisIPC09SLDR html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information aboutthe person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of-contact. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:R2PU70B96U 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. 11-7152 V. AMBER N HART 4103 GETTYSBURG RD APT 1 CAMP HILL PA 17011 Defendant NOTICE OF JUDGMENT (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $1,031.87, plus interest, on. (X) A copy of all documents filed with the Prothonotary in support of thin ' are attached. By: _ er 49, If you have any questions regarding this Notice, please con4ct t$e filing party. Date: ?a I kr-) 'kk 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 communication is from a debt collector is an attempt to collect a debt. Any information obtained will be used for that purpose. ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES, LLC : 120 CORPORATE BLVD NORFOLK, VA 23502 • Plaintiff : No. 11-7152 v. • AMBER N HART , k: 4103 GETTYSBURG RD APT 1 • CAMP HILL PA 17011 Defendant. • • • • J N N =G • PRAECIPE TO SETTLE AND SATISFY PLEASE MARK THE JUDGMENT IN THE ABOVE-ENTITLED CAUSE AS SETTLED AND SATISFIED. Respectfully •b tted, if ,® Robert N. olas, Jr., Esquire#201259 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 10-88052 . it'd UVA.TM 2 &a-Biz This communication is from a debt collector and is an attempt to collect a debt. Anyjnformation obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES, LLC : 120 CORPORATE BLVD : NORFOLK, VA 23502 .• Plaintiff : No. 11-7152 v. . • AMBER N HART .• 4103 GETTYSBURG RD APT 1 : CAMP HILL PA 17011 : Defendant. : • • • • • • • • CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle and Satisfy upon AMBER N HART by First Class Mail, Postage Pre-Paid, a copy thereof on this day of , 2014,to: FEB 2 4 2014 AMBER N HART 4103 GETTYSBURG RD A' CAMP HILL PA 170. Date: Robert . Polas, Jr., Esquire # 20125 _ 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 10-88052 Attorneys for Plaintiff 1 TM This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.