Loading...
HomeMy WebLinkAbout11-7479Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 r Portfolio Recovery Associates, LLC u r, c _ . Lr s 7,1E?? T??w i 140 Corporate Blvd. I{ . Norfolk, VA 23502 a 4 d'` L t, TELE: 1-866-428-8102 FAX: 757-518-0860 G1);? 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 V. PAUL J OLSON 260 CHESTNUT DR SHIPPENSBURG PA 17257 Defendant NOTICE No. 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. aw 14 ga.66 CL* Clcto-' 12? (k a6 sa3 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. PAUL J OLSON 260 CHESTNUT DR SHIPPENSBURG PA 17257 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 This coninumi.caiion is frotn a debt collector and is aii atte€npt to collect a debt. Any information obtained x0ll be u ,ed foi- 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. PAUL J OLSON 260 CHESTNUT DR SHIPPENSBURG PA 17257 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. Defendant PAUL J OLSON, is an adult individual with last known address of 260 CHESTNUT DR, SHIPPENSBURG PA 17257. It is averred that Defendant was indebted to HSBC CARD SERVICES (III), INC. / ORCHARD BANK-NON PRIME on November 3, 2005 with account number ************8929 (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. This communication is born a &bt collector and is an attetnl?t to collect a debt. Anv information obtained will be used for that purpose, 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. 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 December 16, 2008. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC CARD SERVICES (III), INC. / ORCHARD BANK-NON PRIME 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 $932.83. 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, PAUL J OLSON, in the amount of $932.83, plus costs of this action and any other relief as the Court deems just and reast 11-00193 Hiis communication is 1=rom a ci °bt collector and is are attempt to collect a deft. Any int.onnation obtained will the used for that purpose. Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Cd$Una Patterson 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 : SEP 0 9 Mi By s na Patters-On Custodian of Records 11-00193 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: ************8929 PAUL J OLSON Account Holder: PAUL J OLSON 260 CHESTNUT DR SHIPPENSBURG PA 17257 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 HSBC CARD SERVICES (III), INC. / ORCHARD BANK-NON PRIME Portfolio Recovery Associates, LLC ************8929 November 3, 2005 December 16, 2008 March 31, 2009 $932.83 September 22, 2009 Balance at Charge-Off: $932.83 Less Payments: $.00 Balance Due: $932.83 11-00193 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, Cristina Patterson depose, affirm and state as follows: Custodian of Records, for Portfolio Recovery Associates, LLC hereby I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's records, including a review of the business records transferred to Account Assignee from HSBC CARD SERVICES (III), INC. / ORCHARD BANK-NON PRIME ("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 PAUL J OLSON ("Debtor") to the Account Seller the sum of $932.83 with the respect to account number (************8929), 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 $932.83 as due and owing as of the date of this affidavit. P rt lio Re very ssoci , LLC By: Criatim Patterson ,Custodian of Records Subscribed and sworn to before me on of _??p ? ?'? _ , 2011 Notary blic 11-00193 This communication is from a debt collector aitd is an attempt to collect a dcbt, .Atty infoanation oblained will be used for that purpose. If you fail to y the amount we think you owe, wereport you as delinquent. However, if our explanation does not you, and you write to us within ten days tell&Ka us you still re fuse pay we must tell anyone we report you to that you have a question about your bill. And we must fell you the name of anyond we reported you to. Upon settlement of the dispute we must tell everyone we report you to that the matter has been settled. 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 property or services you purchased with a credit card, and you have tried in good faith to 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 limitations on this right: (a) You must have made the purchase in your home. state or if not, within 100 miles of your current mailing address. (b) The purchase prig must have been more than $50. These limitations do not apply if we own or operate the merchant, or If we mailed you the advertisement for the property or services. HSBC Card Services Inc. and/or HSBC Card Services (11) Inc. provide processing services for HSBC Bank Nevada, N.A. You may write to us at the address shown on our billing statement or HSBC Bank Nevada, N.A., 1111 Tcwn Center Drive, Las Vegas, Nevada 89144. 1?? /11( A--_ Thomas M. I(imble 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. <F CARDMEMBER AGREEMENT AND DISCLOSU STATEMENT AG2505A (12!06) CI r This document and accompanying Additional Disclosure Statement make. up your Cardmember Agreement and throughout this document are referred to as Cardmember Agreement or Agreement. The Additional Disclosure Statement contains important Account information including your Annual Percentage Rates ("APR"s). and amount of any fees. Please take the time to familiarize yourself with your Agreement and retain it for future reference. Thank you for being an HSBC Cardmember. We appreciate your business. TABLE OF CONTENTS Agreement to Terms and Definitions 1 Using.Your Account 1 Your Credit 1 Payment 2 Interest Rates and Finance Charges 4 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 Amaemnt-and any amendments (Agreement) govern the open end Ina of credit we have established# you (your Account). "You" and -your' refer to all persons who applied for the Account or are contractually liable through any other means. "We; us," and "our" refer to HSBC Bank Nevada, NA. "Card" means anyy credit cards or other access devices Issued under this Agreement. 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 ee If applicable to your Account when you call us within 90 days of your Account open date. at t)te 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 use our Account to make payments to us or to an of our affiliates. You agree to use your Account only for valid and lawful purposes and. that If your Account is used for any other purposes you are responsible for such use and may t reqand uired to reimburse us and the Network for all resulting amounts 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 Credit Umit We will advise you of the total credit limit on your Account. All or a portion of your total credit limit is available for cash advances. Your total credit limit and cash advance limit may change from time to time. We will notify you of any such changes-through your billing statement or by sending u a separate notice. If no separate cash advance limit is lisyoted on your billing statement, then the amount of your credit limit available for cash advances is your total credit Omit. 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 if 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 immediate)y. Your available credit and cash advance amount may not reflect your payments for up to 14 days. If you have a credit card with a no preset sending limit (e.g. MasterCard° WoridCard), 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 Have sufficient available credit. We will not be liable to you if any pt these events happen. We. may refuse to authorize any tran ons at our sole discretion including, without limitation, 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 accept or 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 a ministrative charges (e.g. for research, returned checks, overdraft tection, If applicable, etc.). provided in this Agreement; and c) cotlecbon costs and attorneys' fees to the extent permitted y applicable e law. If your Account is a joint Account, each joint Accountholder is Jointly and individually responsible for all amounts due under this Agreement regardless of death, divorce, other leggal proceedings or any agreement that may affect liabifity between you. If any joint Accountholder requests to not be liable for future transactions, we may close your Account. If we do, you must continue to pay according to the terms of this Agreement, but you will not be able to make new charges on your Account 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 1/12 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 specified in those. instructions. If your Account,is upon aeirvery or your Duung statement. IT our Account is delingqrent, you can avoid an additional late fee by paying at leastthe Minimum Payment plus any past due amount by the Payment Due Date; however, if you cannot pay this amount, you must pay at least the Minimum Payment by the Payment Due Date to avoid progressing to the next stage of delinquency. You may pay more than 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 specified on your billing statement If yyoOuU pay by negotiable instrument, such as a money order or t?heck it must be in a form that Is acceptable to us and must be. drawn on a U.S. financial institution. Any check, money order or -other Instrument tendered as an accord in satisfaction, or which includes a condition, restrictive endorsement or any statement to the effect that acceptance of such instrument shall constitute full or partial satisfaction 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 purpose. We reserve the right to refuse to accept any payment that is subject to a Condition. If the payment does not comply with the foregoing and we process it, we will not be bound .by_ the Condition. By sending us a check for payment on your Account, you authorize us to Initiate an slectronicfunds transfer from your bank or other financial Institution account according to,the terns of the check. This. means that your check will be converted to an electronic transaction and your anal check will not be returned to you by your bank. Your origina check will be 3 destroyed. Your checking or other financial institution account may be debited the same day we receive your check. If you do not want your checks to be converted to an electronic funds transfer, please call customer service. at the phone number on the back of your card. Application of-Payments At our discretion, payments are generally applied to interest, fees and then principal balances. We apply your payments 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 adds a spedfied amount ( Spread") to an Index (described below . The APR Is divided 6y 365 and rounded to the next highes hundred thousandth of a percentage point to determine your Dally 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) For each billing cycle, the Index is rm in the month prior'tolhe 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 Journal 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) Qyadwly index The Index for the current and each su quarter is the highest domestic "Prime Rate" In the Money the rbusiness day otable of The Wag f the preceding calendar quarter. If the Index has chcar?ed, the new variable rates will billing Jury October following the Ind xt?rg in January, April, (3) Q Please see your Additional rs osure Statement. An increase in the Index will increase your applicable Daily Periodic Rates which may increase the Finance Charge due on your Account. Each time any APR changes we will apply it to any existing balances, excluding any Promotional or 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 Daily Periodic Rate are disclosed in the Additional Diisclosure Statement. Default APR If your Account has a Default APR provision, the Default APR and conditions that may cause a Default APR to.take effect as well as the Spread (for variable rates), APR rand corresponding Daily Periodic Rate are disclosed in Additional Discosure Statement. ° Promotional or Introductory APR At our discretion, we may offer you a Promotional or Introductory APR for any type of transaction. The Promotional or.lntroductory APR, corresponding Daily Periodic Rate, period of time for which the Promotwnal or Introductory APR applies, and conditions by which the promotional period may be shortened are disclosed in the offer. Certain promotional offers may or may not be sub act 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 Charges, and.an applicable (c) Cash Advance Fee Finance Charges, ( Foreign Transaction Fee Finance Charge (e) Credit Limi Increase Fee Finance Charges ( Monthly Maintenance Fee Finance Charges, (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. dic Finance Charges. Periodic Finance Charges are Of tmusitiprytng the Average bill y an t (( each of balance sacra shown ?? -the ancesy the applicable it, Rate and then multiplying the Dally the )r 1bvthe number i the bllnq We. To wl y1% Balances, we egadd ?dnebeWlt bafransachona, any ca ry s s periodic tharges, arty assessed fees charges and subtract errts andlor credits. If a debit transaction posts after the iM of i but , the the I an Is occurred Belaru? r thll ?d include the transaction amount and any previous iodic Finance Charges for each day the transaction vas outstanding prior to the beginning of the current As. Then, for each transaction we add th e vim biliina cede ether ane the total by or of days In the 6 ft cycle. This is the Average Dairy (1) accrue Periodic Finance Charges begin to on e date o 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 onyour last statement is paid in full by 'the Payment Due Date for that statement, periodic Finance Charges will not 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 billing cycle. If however, the New Balance is not paid in full by the Payment true Date for the immediately preceding billing cycle, periodic Finance, Charges will be incurred on new credit card purchases (i e., purchases appearing for the first time in the cument cycle) from the date of the transaction and on the previously billed but unpaid credit card purchases. from the first day of the current cede. (2) Casp es (including balance transfer and credit car c ec ks . eriodic 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 closing 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 in the time period for which periodic Finance Charges may accrue. Any 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), 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 Charge 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. (e) Credit Umlt Increase Fee Finance Charges. If you request and are approved for a credit limit increase ("CLI*), a CLI Fee Finance Change may be assessed to your Account. LQ Monthly Maintenance Fee Finance Charges. A Finance Charge that is assessed to the Account for each billing cycle whenever that Account is dosed with a debit balance. Overdraft Fee Finance Charges. (Applicable only to NBC 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 do not have sufficient unused credit available or are delinquent hereunder. In that case, the overdraft will be subject to the usual deposit account rules and fees. Under no circumstances shall any such overdraft be alknived to.exceed.yyour available.ccedit limit. You understand that we have.the'right to cancel this. Account or your overdraft loan privileges. at anytime.. We may add an Overdraft Fee Finance Charge.toyour•Account if your. Account is utilized to. cover. anyy; overdraft. on your desiggnated de . it account. An OverdraW° ee Finance Charge will be comp ,Tdd on the amount of each overdraft transaction: (h) See Additional Disclosure Statement for any additional Finance Charges that may be applicable to your Account. ACCOUNTFEES Please see the Additional Disclosure Statement for applicability and amount of the following,fees. Annual Fee/Periooic Membership Foe If your Account is subject to an Annual Fee or Periodic Membership Fee, you agree to pay this fee eadt year (or other E?eriodic assessment if indicated on the. Additlonal Disclosure gtatement) our Account is an, or rJosed with a balance. You agree that this fee will be charged to your Account. If you close your Account within the first 90 days your Account is open, the Annual Fee/Periodlc Membership Fee(s). are refundable so Ioonngg as u have not used the Aocount 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 Overtimit Fee is assessed If the Account balance exceeds the mayafmpose his?feeiteven if we authorize or impose any cchargeess 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 reported to any type of 7 transaction (i.e. cash advance, purchases, etc.) and Finance Charges may be reinstated back td the payment date at the APR being charged for that transaction. Retumed Check Fee A Returned Check Fee is assessed to the Account each time a credit card check, balance transfer check (if available), electronic check or other Account access device is returned unsatisfied by us for any reason. Check By. Phone Fee F r :: A Check-By Phone Fee is assessed to the Account 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 est Payment may be stopped on a credit card check by no ing us In writing or by calling us at the telephone num listed on the Account billing statement, so long as such deck 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 payment is to be stopppe?d. If a stop payment is uested by telephone the call must be confirmed in writing within 14 days. A written stop payment will remain in etfed for six months unless renewed in writing. The address to send a stop payment request is disclosed in the Additional Disclosure 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 (PIN) to facilitate access to Automated Teller Machines. If a replacement card is requested on a rush basis, we will charge our current fee for this service. 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 wr71 be converted by the Network, into a U.S. dollar amount in accordance with its oppeerraating regulotions or conversion p?dures in effect at thw e the transaction is processed. Details concerning these procedures are, shown In the Additional Disclosure 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 •rematn 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 not honor any credit card check written on your Account or authorize any transactions after your Aunt is dosed. The address to send your request to dose your Account is disclosed in the Additional Disclosure Statement. Account Closure' We may. close your Account, suspend your credit privileges, or reduce your creditlimit 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 al %a terms and conditions of this Agreement. If we dose your.Account you agree to destroy your Card(s) and any unused. credg•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: gate you fail to make at least the Current Payment-Due in time credited to your Account by the Payment Due Date; (b) you violate Ion; f) we receive information from third pi I R reporting agencies, which indicate a si ncy or charge-ofF with other creditors: () you us a Dhvsical address:' (h) you exceed vour mmit; r your payment is returned unsaasnea Dy your Danis or other nanciW institution for any reason; or 0) any credit card check is returned un aid by us. Upon default, we have the right to dose your Aurat, to terminate or suspend your credit privileges under this Agreement, to change the terms of your Account and this Agreement, to require You. to osv )a us, your Account balance will continue to Charges and fees until paid in full and will to all the terms and conditions of this Agreei you, or if we hire a third party to collect your extent permittea oy iaw in.tne state in wnicn you resme, cost wits land pthenoto priinciciipal andreunpattorneys id nai e Chaerges. 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 Secures for your perfomaance under- this Agreement, including but not limited to and grant to us a first priority security interest in all money now and hereafter In the deposit account with the bank disclosed in the "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 terms 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 part of your Deposit Account to the.psyment and satisfaction of any and all amounts owed under Ft its Account and any replacement secured credit card account. In addition we may use any other remedies permitted or otherwise available 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 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 notlIly us by calling us at the. phone number disclosed in the Additional Disclosure Statement. Liability for Unauthorized Use You should retain oopies 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 Tor the unauthorized use of your credit card. You wfil not be liable for unauthorized use that curs after you notify us of the lim, theft or possible unauthorized use. Notification must be given either by writing us immediately upon learning of the bss, theft or possible unauthorized use or calhng us at the telephone number listed on your bigin 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 lord Wll not exceed $0. -The a to notify us of unauthorized use of your credit card Is di?i in the Additional Disclosure Statement. You may also call u . at 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 give 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 -maYY notify us to, correct the inaccurate information (after co rmation of the alleged error) reported to any credit reperting agency by writing to us at P.O. Box 98706, Las Vegas, NV 89993 Certain Privacy:Practices You : agree that from time to time we may receive credit 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 you are 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 telephone 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 Change of Terms (including Finance Charges) Arbitration Please see the Additional Disclosure Statement for applicability to your Account. This arbitration provision, shall apply to any Claim against us, and to eacji of our parents, subsidiaries affiliates, any company providing a rewards feature In conjunction with this Agreement, predecessors, assigns, and each of their 9 10 11 officers, directors, agents, and employees. You agree any claim, dispute, or controversy (whether based upon contrail; tort, Intentioonal or otherwise; constitution; statute; coupon law* or Wing ??qquu??yy and whether pre-existing, present or future), i ips intiiaf claims, countervdaima, cross-claims and third clakns, arising from or relating to this Agreement or the which result from this Agreement, including the validity or enforcaabiNty of this arbitration clause, any thereof or the entire Agreement ("Claim"): shall be upon the election aaminlsrrawr serecxea ai the urns me tAm is rues. i no parry in"ng tits arbitration proceeding shall have the right to select one of the fdiowi three arbitration administrators: the National Arbitration Form )the American Arbitration Association ("AAA') or JAMS. arbitrator shall be a lawyer with fiteerrt? yea or a retiredor amreoe re than former We not to i m*e our right to arbitrate an individual YOU may bring in small claims court or an equivalent court, if any, so Iorrg • as the Claim is only in that court The as and fomrs Of the NAF; AAA and" JAMS may be obtained by writing to two for os6vici of tions at .the nd addresses thpro ? below. BC Card Services Ina, P.O. 98740, las Vegas, NV 89193-8740. Any eartlapatory arbitration hearing dW you attend will take place in tine city nearest to your residence. where a federal district court is located q' at such other location as aaggreed by the parties. On any Claim you file, you will pay the'11: o of the filing fee. At your we will y the remainder of the filing fee and any addmmi iletrative or hearing fees charged by the arbitration administrator on any Claim submitted by you In arbitrati?onn r? to a e a?rbitratiio' admi you nistrator, wee wig to considea a req? fyeoes to all or part of the additional fees; howaver, we shall not be to pa any additional) fees unless the arbitrator grants will : baward. the ursa you for any additional feces pd oor Ih your owed by you two the arbl6naUon administ itor up to the amount of the fees that would have been charged if the original Claim had been for the amount of see actual award In yar parties shall bear the of their resPecwe allDMGYs fees except as otherwise provided by law. k a statute gives you the to recover any of these fees, or the fees Palo to the arb on administrator, these stagy rights shall =tied the arbitration notwitmianding anti g to the contrary cor tied herein. If 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 r;Donsl le. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed byy t?he Federal Arbitration Act 9 U.S.C. Sections 1 - 16 (the "FAA The arbitrator shall apply applicable substantive law consistent with the FAA and providde written reasoned findings of fact and conclusions of law. The arbitrator's award shall not be subject to apppeal except as pe the FAA. The parties agree thattha award shall be k ptdcby onfidential. Judgment upon the award may be entered in any court having jurisdiction. H THE PARTIES ACKNOWLEDGE THAT TH.Y HAVE A YOUR BILLING RIGHTS RIGHT TO LITIGATE CLAIMS THROUGHF A COURT BEFORE A JUDGE OR JURY BUT WILL NOT HAVE THAT PARTIES .HEREBY PARTY KNOWINGLLYANDB VO UNTARILY What To DO If There's An Error In Your Bill WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER PARTY. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR i l f l i fil h FUTURE USE e a Q e arbitration ru es o , or a m You mayy contact, obta n t JAMS f ws: - AAA ll ith NO :z or as o o w , National Arbitration Forum JAMS 3 ` y This notice contains im rtant information about your rights and our res onsibilities under th Fair Credit Billin Act P.O. Box 50191 45 Broadway N Y k 1 5 p . g e ew or , NY Minneapolis, MN 55405 000 www.aarform.com www.jamsadr.com NOTIFY.US IN CASE OF ERRORS OR QUESTIONS Code of Procedure Financial Services ABOUT YOUR BILL Arbitration Rules and Procedures American Arbitration Association 1150 Connecticut Ave. NW 6th floor Washinslton, DC 20036-4114 www.a r.o Arbitration ules for Consumer Disputes (Claims under $10,000) Commercial Arbitration Rules (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 anyy of our rights under this Agreement in certain situations. We can delay enforcing or waive any of our rights without affecting our other rights. woe 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 enforceable. 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. If you think your bill is wrong 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 you have authorized us to pay.:your Account bill automatically from .your savings or checking account, yyo?u 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 yyour letter within 30 days, unless we have corrected the error Dy 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 not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill thaf 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 nave 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 !s due. 12 13 14 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. PAUL J OLSON 260 CHESTNUT DR SHIPPENSBURG PA 17257 Defendant Date: 1- 11 No. 11-7479 PRAECIPE FOR DEFAULT ' JUDGMENT Filed on Behalf of Plaintiff Counse ecord 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 communication is from a debt collector is an attempt to collect a debt. AnN information obtained will be used for that purpose. pxntik a 14.topi a ?Ic it 12D I SS 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. 11-7479 V. PAUL J OLSON : 260 CHESTNUT DR SHIPPENSBURG PA 17257 Defendant PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant, PAUL J OLSON , for failure to answer the Complaint. (X) Amount Due $932.83 Less Credits $.00 TOTAL $932.83 (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.RC.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' to be entered and tpqs/her Attorney of record, if any, after the default occurred and at least t da prior to the dat o e filing 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 Attomeys for Plaintiff This communication is from a debt collector is an attempt to collect a debt. Any information obtained will be used for that 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 PAUL J OLSON 260 CHESTNUT DR SHIPPENSBURG PA 17257 11-00193 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. PAUL J OLSON 11-7479 Dear PAUL J OLSON: 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 Friqu 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. 11-7479 V. PAUL J OLSON 260 CHESTNUT DR SHIPPENSBURG PA 17257 Defendant TO: PAUL J OLSON 260 CHESTNUT DR SHIPPENSBURG PA 17257 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?blas, 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 Wi attempt to collect a debt. Any urformation obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CML ACTION - LAW PORTFOLIO RECOVERY ASSOCIATE, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. 11-7479 V. PAUL J OLSON 260 CHESTNUT DR SHIPPENSBURG PA 17257 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 260 CHESTNUT DR SHIPPENSBURG PA 17257 and is not in the military service of the United States or its Allies, or otherwise within the provisions of the Service Members Civil Relief Act and its Amendments. Date: Robert N. Polas, Jr., Esquire, #201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff 11-00193 1-his communication is a debt collector and is an attempt to-collect a debt. Arty information obtained will be used for that purpose. Department of Defense Manpower Data Center Nov-22-2011 14:30:21 Military Status Report 11-00193 Pursuant to the Service Members Civil Relief Act Last First Middle Begin Date Active Duty Status Active Duty End Date Service Name Agency OLSON PAUL J 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 informati on 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). ray. )4. ,r?.?-4,?... 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. §§ 601 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL httn:/Mww.defenselink.miVfaa/Dis1PC09SLDR.h-tml. 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 inforimation on "Active Duty Stativs" 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 (NOAH 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 10:01 CTLL2CEB 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. 11-7479 V. PAUL J OLSON 260 CHESTNUT DR SHIPPENSBURG PA 17257 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 $932.83, plus interest, on. (X) A copy of all documents filed with the Prothonotary in support By: If you have any questions regarding this Notice, please Date: party. l1 - 1 " attached,' .s Robert N. Polrf, 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 is communication is from a debt collector is an attempt to collect a debt. Anv inforrnation obtained will be used for that purpose. t Irk