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HomeMy WebLinkAbout11-7535Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 i. RY TELE:1-866-428-8102 ?7 FAX: 757-518-0860" ''~^ Attorneys for Plaintiff ?W ?4' 9 o tq a F®IT\i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. No //-- 15 2 s Norfolk, VA 23502 l J !(? Plaintiff V. JOSEPH J LEGO 3 EDGEWOOD DR MECHANICSBURG PA 17055 Defendant NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action withing twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by an attorney, an filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. O ??o?65z//O 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. JOSEPH J LEGO 3 EDGEWOOD DR MECHANICSBURG PA 17055 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dial despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o obejciones a las demandas puestas en esate contra usted. usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS ELGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 ThIs conrm_mnication is fion a debt collect0r a d is mi aliempt to collect a debt. Anv information obtained will he uwd foj- that purpo,,e. 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. JOSEPH J LEGO 3 EDGEWOOD DR MECHANICSBURG PA 17055 Defendant COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant JOSEPH J LEGO, is an adult individual with last known address of 3 EDGEWOOD DR, MECHANICSBURG PA 17055. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / Ameritech/ Non Prime on November 27, 2006 with account number ************1905 (hereafter referred to as "Account"). A copy of the account history is attached here to and collectively marked as Exhibit 11A." 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 from a debt collector and is an attempt to collect a debt. Aiiy infortnation obtained will be iised for that puTJ)0'v , 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 October 20, 2008. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA, N.A. / Ameritech/ 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 $857.02. 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, JOSEPH J LEGO, in the amount of $857.02, plus costs of this action and any other relief as the Court deems just and reasonable. Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 10-93839 This communication is froll) a ;tent collector and is are atte ipt t:a collect a debt. Anv information (&)Wined will tie use for 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 :' cf?m`C?t'` Y t o 25?? 10-93839 By: (',11 f:heda Wise Custodian of Records 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: ************1905 JOSEPH J LEGO Account Holder: JOSEPH J LEGO 3 EDGEWOOD DR MECHANICSBURG PA 17055 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off. Balance at Purchase: Purchase Date: Product Code: MC HSBC BANK NEVADA, N.A. / Ameritech/ Non Prime Portfolio Recovery Associates, LLC ************1905 November 27, 2006 October 20, 2008 June 30, 2009 $857.02 December 21, 2009 Balance at Charge-Off: $857.02 Less Payments: $.00 Balance Due: $857.02 10-93839 HSBG96 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AFFIDAVIT State of Virginia City of Norfolk ss. I, the undersigned, Chela Wise , Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: 1. I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's records, including a review of the business records transferred to Account Assignee from HSBC BANK NEVADA, N.A. / Ameritech/ 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 December 21, 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 JOSEPH J LEGO ("Debtor") to the Account Seller the sum of $857.02 with the respect to account number (************1905), as of June 30, 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 $857.02 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC By: Chela Wise , Custodian of Records Subscribed and sworn to before me on 16 of , 2011 o Public 10-93839 t hi coninninicatiorr is ft•otn a debt collector- arid is an attetnpt to collect a debt, Any information obtained will b uNed for tliat trurpo;e. BILL OF SALE HSBC CARD SERVICES (III) INC. (f/k/a HOUSEHOLD CARD SERVICES INC.) ("Seller'), for value received and pursuant to the terms and conditions of the Receivables Purchase Agreement ("Agreement") dated October 26, 2009 between Seller and HSBC CARD SERVICES (III) 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 Agreement) listed on the attached Exhibit A I File), without recourse and without representation of, or warranty of, colledibility, or otherwise, except to the extent provided for within the Agreement. EXECUTED this 29th day of December, 2009. HSBC CARD SERVICES (III) INC. By:-??. Named S€al.on Title: Vice Freidert-A_?i?tmrlt Se Q HSBC BANK NEVADA/N.A. By: Name: Sum Solomon Title: Senior Vice Presidnt 14Sl36Qly CARDMEMBER AGREEMENT AND DISCLOSURE STATEMENT r AG10018 (5/08) CI This document and accompanying Additional Disclosure Statement make up your Cardmember Agreement and Disclosure Statement and throughout this document are referred to as the "Cardmember Agreement" or "Agreement." The Additional Disclosure Statement contains important Account information including your Annual Percentage Rates ("APRs") and the 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 Account Renewal, Closure And Termination 8 Security Interest g Credit Card Fraud 10 Personal Information 10 Additional Terms 11 Other information 11 Your Billing Rights 11 14 -M-- UP-AG1001 8 (5108) Cl AGREEMENT TO TERMS AND DEFINITIONS This Cardmember Agreement and Additional Disclosure Statement as presently set forth, and as They may be amended, Wyem the opens end one of credit we have established for you (your AcootmY)• W refer to these documents job* as your "Cardmember Agreement" or ennu mant" "Yrv i and Nime refer to all oersons who applied for the uW any omner means. vve, Jevada, NA "Card" means any number and any other access ment. Network means Visa tional Incorporated, Discover xpress or other governing credit card network, as appucaoie. You and we are bound by this Agreement from the earlier of the time you receive d or from the date of the first transaction, including, without limitation, the orient or pp??ss66nrm of any Annual Fee or Periodic Meirmberstiip Fee on your. Appoint You may dose your Account before using it without ng any Annual Fee, or Periodic Membership Fee If applcable to your Account, when you call us within 90 days of your Account open date at the customer service number on the bade 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 your Account to make payments to us or to any of our affiliates. You agree to use your Ai=unt only for valid and lawful purposes. If Your Account is used for any other purposes, you are responsible for such use and may be required to reimburse us and the Network for all resulting amounts and expenses. You are not authorized to use your Account for any Internet gambling transactions., even if otherwise lawful and enforceable. 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. Additional Cards You may request additional Cards on your Account for yourself or others and you may permit authorized users to have access to the Card or Account number. You are personally responsible for each use of each Card issued on your Account according to the terms of this Agreement. If you permit authorized users to have access to your Account, you must payy us for all charges incurred by those persons, including charges Ior which you may not have intended to be responsible. You must notify us to revoke an authorized user's permission to use your Account. If you do so, we may close your Account and issue a new Card or Cards with a different Account number. You are responsible to recover fro that authorized user and destroy any Cards, checks and othemr devices that can be used as a means of accessing your Account. YOUR CREDIT Credit Limit The Card must be signed. to be used. Whether you sign the Card or not, you are fully responsible for complying with all the terms of this q?reemerit. We will advise you of the tofai credit limit on you Account when we first send you your Card. Al or a portion of your total credit limit is available for cash advances. Your total credif limit and cash advance limit may change from time to time. We will notify you of any such changes through your billing statement or byis sending you a to notice. If no separate cash advance I" listed on your bdIng statement, then the amount of your credit limit available for cash advances is your total credit limit. You agree not to allow your unpaid balance (including Finance Charges and other charges) to exceed your total credit limit. We may elect not to 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 immediately. Your available credit for purchases and your available credit for cash advances may not reflect your payments for up to 14 days. Credit Authorizations Some transactions may require our prior authorization and you may be asked by the merchant to provide identification. We may not be able to authorize a transaction, even if you have sufficient available credit. We may refuse to authorize any transactions at our sole discretion. We will not be liable to you if any of these events happen. We are not responsible for refusal or failure by any merchant to accept or honor your Card, or if a transaction cannot be completed for technical or other reasons. PAYMENT Promise to Pay You promise to ay according to the terms of this Agreement for all: (a) credit we extend on your Account; (b) Finance Charges, and other fees and charges; and (c) collection costs and attomeys' fees to the extent permitted by applicable 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 legal proceedings or any agreement that may affect liability between you. If any joint Accountholder requests to not be liable for future transactions, we may close the Account. Payment Each periodic billing statement you receive from us will identify a Minimum Payment and Current Payment Due. The method used to calculate these amounts is set forth below. 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 billing statement plus the following amounts: • any periodic Finance Charges posted to your Account during the billing cycle, • any Late Payment Fee posted to your Account during the billing cycle, any Overlimit Fee posted to your Account during the • billing cycle, • an amount equal to 1/12 of the Annual Fee, if applicable, and • any additional amounts disclosed on the Additional Disclosure Statement, or (b) $15 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) I% of the New Balance shown on your billing statement plus the following amounts: • any periodic Finance Charges posted to your Account during the billing cycle, • an amount equal to 1112 of any 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 nearlist dollar, unless doing so will cause the resulting value to exceed the New Balance. If a different payment calculation Is applicable to your Account, it will be disclosed on the Additional Disclosure Statement. Recurring Transactions If you authorize a third party to bill charges on a recurring basis to your Account, we may (but are not required to) provide such third party with your current Account status, Account number and/or expiration date to permit that party to continue billing your Account. We may take such steps even if your Account number changes or if we issue a renewal or replacement Card. To withdraw authorization for a recurring charge in such a case, you must notify the third party. If you default, if a Card is lost or stolen, or if we change your Account or Account number for any reason, we may refuse or suspend recurring charges; in such case you will be responsible for making arrangements to reinstate the recurring charge arrangement and/or for making other payment arrangements. Timing and Form of Payments You agree to pay at least the Minimum Payment or, if applicable the Current Payment Due if it is greater than the Minimum i5ayment in time to be credited to your Account as of the Paymenf Due bate. Instructions for making payments are on your billing statement. For a payment to be credited to your Account as or a particular day, we must receive your payment by the date and time and in the manner specified in those instructions. If our Acpqunt is delinquent, you can avoid an additional late fee by paying at least the Minimum Payment plus any past due amount in time to be credited to your Account as of the Payment Due Date; however, if you cannot pay this amount, you must pa at least the Minimum Payment in time to be credited to your Account as of the Payment Due Date to avoid progressing to the next stage of delinquency. You may pay more than the Minimum Payment, or if applicable the Current Payment Due, and you may pay the entire New Balance at any time. All payments must be. in U.S. dollars. Except for disputed payments if you pay mail the payment must be sent to the address shown on your ling statement. If you pay byy negotiable instrument, such as a mono order or check, 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 aa?rd and satisfacfion. 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 inquiry address 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 adept any payment That is subject to a Condition. If the payment does not oxxn l y with the foregoing and we process it, we will not be bound by Condition. By sending us a check for payment on your Ac count, YOU authorize us to initiate an electronic funds transfer from your bank or other financial institution account according to the terms of the check. This means that your will be converted to an electronic transaction and your 0r"aigir 1 check will not be returned to you by yoxx bank. Your odic rktheck will be destroyed. Your checking or other linandai ins account maybe debited the same day we receive your check. If you do not want your checks to be converted to an electronic funds Transfer please cap customer service at the phone number on the bads of your Card. When you use our opopeyment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the pa t as a check transaction. You authorize the amount a timing of each payment. Please retain this authortatio for your records. Skip Payment and Strike Skip Payment Strike Skip Payment Is only available to union members in good standing of eligible unlons and Is not available to union family member Cardmembers. To qualify for skip payment and strike skip payment, yourAocount must be open and you must not have bfeached the Default section of the Agreement. You may skip pa t for two months each year or 17-month period, which may be determined by us. You may also elect to . i =nts when you are on a Union- Sanctioned stoke. Strikes existing prkor to the opening of your Account do not qualify for strike skip payments. The strike must be in effect for at least 30 days before you are eligible for the strike skip Pa2-mnt. You may have four strike skip payments each year or Tonth period, to be determined by us. However, skip payment and strike skip parepayment may not be for more than three consecutive months betais required. You are responsible for requesting a strike skip payment. During authorized skip and strike skip payment. months, no minimum payment will be required; however. .periodic Finance Charges will continue to accrue. We may not u you a strike skrip payment or a skip payment if Finance Charges assessed could result in your Account exceeding its credit limit. Application of Payments We apply payments to lower APR balances before higher APR balances. This means balances subject to higher APIs will not be reduced before balances subject to lower APRs, such as introductory or Promotional APRs, ans?paid oft. The application of payments and Minimum Finance Charge may reduce the duration and benefit of any Introductory or Promotional rate offer. INTEREST RATES AND FINANCE CHARGES Interest Rates The APRs on your Account are either fixed or variable rates as indicated on the Additional Disclosure Statement. The APR is divided by 365 and rounded to the next highest hundred thousandth of a percenta a point to determine your Daily Periodic Rate. The Daily Periodic Rate is used to determine the amount of periodic Finance Charges ]see Finance Charges). Variable rates are determined by adding a specified amount ("Spread") to an Index (described below). I",t For Variable Rate Accounts ndliz For each billingg cycle, the Index is determined In a ca en ar month prior tolhe calendar month in which the t pli e ends. In that prior calendar month, the highest (U.S? "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 as of the first day of the first billing. cycle that ends on or after the first day of the calendar month ollowing the Index change. If a different Index is applicable to your Account the Index will be disclosed on the Additional Disclosure Statement. An increase in the Index will increase your applicable Daily Periodic Rates which may increase the Finance Charge due on our Account and may increase the Minimum Payment anCurrent Payment Due. Each time any APR changes, we will apply it to any existing balances, excluding any fixed rate Promotional or Introductory APR. Purchase APR For credit card purchases, the Spread (for variable rates), APR and corresponding Daily Periodic Rate are disclosed on the Additional Disclosure Statement. Cash APR For cash advancesthe Spread (for variable rates), APR and corresponding Daily Periodic Fate are disclosed on the Additional Disdosure Statement. Default APR The Spread (for variable rates), APR and corresponding Daily your I any is not ate on aarroping y12 r Month ?np is door' 4r 4)) ryveced twioaeannindda idling- 2 month oenod Your y of the trifling cycle in n of the first de default d above occurs. Your n effect until you make each Current nent Due Date and do not exceed your tive billing cycles. At that time, your your Purchase APR. Promotional or Introductory APR At our discretion, we may offer or Introductory APR, corresponding Daily Periodic Rate period of time for which the Promotional or Introductory APP applies, and conditions by which the Promotional or Introductory APR will be lost or be shortened are disclosed in the offer or on the Additional Disclosure Statement, if applicable. Certain promotional offers may or may not be subject to Cash Advance Fees. -Any Promotional or Introductory APR offer will be subiect to the terms of the offer Finance Charges All Finance Charges will be added to the purchase balance, unless otherwise specified. Please see the Additional Disclosure Statement for the amount of the following Finance Charges. (a).Aftkm n? Finance Charge. A Finance Charge that is assessed in Neu of a leaser periodic Finance Charge in any billing cycle in which a Finance C is payable. The Minimum Finance will be allocated 4 Category of transactions containing subject to a Finance Charge. any xnavons may be tea retroacti to include the amount as of the saotiion date. for each category we add the Daly Balances for the billing der and divide the total b the number of days in the This is the Average Dapvnce for each transaction Ve may use I formulas which produce 'esults ndudmg round' or tnmc Vdon) to calculate Da ante, Finance and related amounts. de, we may utilize corn programs or other nal methods that are designed to produce aIN equivalent results while lfewer and/or simpler re steps than are described Is Agreement. If the any day is less than zero, we treat it as zero. (1) not be imposed on new that next follow?.nnggnngg bills Due DDate ffcrrthaf bifli ace Period will not a iment for the Grace Peric' (2) Grace . Period for Transactions (including cash advances be a Otherns rs a credit card checks). Periodic 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 other transactions. (3) Periodic Finance Charges will be calculated using the Daily Periodic Rate in effect on the billing statement closing date. (4) Any request to change your billing cycle date is subject to our approval. You agree tf?at 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. (c) Cash Advance Fee Finance Charpm Cash advances include all advances to h?eett cash over the counter, through an ATM, balance transfers (If ova'llable) credit card checks (if available), or other "cash-like" transactions leach as purchasing a money order, traveler's check, casino betting c1 or a kritery ticket) as determined by us. A Cash Advance Fee Finance Charge will be assessed on the amount of each cash advance as of the date of the transaction and will be added to the cash balance. Q) Foreign Transaction Fee Finance Charge. A Foreign f ransaction Fee Finance Charge may be assessed on the U.B. dollar amount of transactions made in a foreign currency, as of the transaction date. The Foreign Tranaactisn'Fee assessed on purohases will be added to ssFurchase balance, and the Foreign Transaction Fee asseed on cash advances will be added to the cash balance. If you make a transaction in a foreign currency, the transaction will be converted by the Network, into a U.S. dollar amount in accordance with its operating regulations or conversion procedures in effect at TO time the transaction is processed. Currently, Network regulations and procedures provide that the currency conversion rate to be used is either (11) a wholesale market rate, or 2) a govemment-mandated rate in effect on either (1) the applicable central proc8s?rig date, or (ti) one day or to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction or posting date. The Network may change the procedures, from time to time, at Its owQ discretion. I) See the Additional Disclosure Statement for any additional inance3Charges that may be applicable to yourAt.count. The appliastion of any Finance Charge, other than a periodic Finance Charge, mayy cause the APR on the billing statement on which this Finance Chan[a first appears to exceed the Nominal APR (annualized amou of periodic Finance Charges). ACCOUNT FEES Please see the Additional Disclosure Statement for amounts of the following fees. All fees will be added to the purchase balance, unless otherwise specified. Annual Fee/Periodic 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 periodic 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 you dose your Account within the first 90 dots your Account is open, the Annual Fee/Periodic Membership Fee(s) are refundable so long as you have not used the Account. The Annual Fee/Perlodic Membership Fee compensates HSBC Bank Nevada, N.A. in part for Cardmember services provided or made available to you &oughout the membership year. Late Payment Fee A Late Payment Fee may be assessed for each billing cycle in which at feast the Minimum Payment and any amount past due, Is not paid in time to be credited to the Account by the Payment Due Date. Overiimit Fee An Ovedimit Fee may be assessed if the Account balance exceeds the total credit limit at any time during a billing cycle. We may impose this fee even if we authorize any transactions or impose any charges that cause your balance to exceed the credit limit. Other Fees and Charges Returned Payment Fee A Returned Payment Fee may be assessed to the Account each time a payment check, automatic payment deduction, or other payment method is not honored or Is returned unsat eNy by your bank or other financial InstRution. Any pa returned unsatisfied for any reason may bs reposted to type of transaction (i.e. cash advance, puittwes, etc.) and inane Charges may be reinstated bads to the payment date at the APR being charged for that transaction. Returned Check Fee A Returned Check Fee may be assessed to the nt each credit card crack, balance transfer check if available) c check or other Account access device is returned u(fsatisffed by us for any reason. Payment By Phone Fee pAAPPayme a Phone Flee ma be assessed to the Account payment bythe YOU this fee w is t mokW isdobsed someo at thn other n 1`no anttof time such payment is requested. Stop Payment Fee A Stop Payment Fee may be added to the cash advance balance when a payment of a credit card check Is stopped at your riBttnt. Payment may be stopped on a credit card check on the Account billing statement, so cirri s not al =been processed. A stop payrl iciude the number, payee, amount, edit card dheclk on which payment is to op payment is requested by teleptrone the med in writing wim 14 days. A written main in effad for sb( months unless renewe req stop sshhoon YourWllino?statdeirmntnt to Research Fee A Research Fee may be assessed to the Account for each coppy of a sales slip, bll" statement or other document requested Additional Fees See the Additional Disclosure Statement for any other fees that may be applicable to your Account. ACCOUNT RENEWAL, CLOSURE AND TERMINATION 'card Renewal Cards are issued with an expiration date. We have the right .riot to re%gw your Carr) for any reason. bosing Your Account You can dose your Account by notifying us in writing or by ,; In k??e Chargges Account baldince and yourAccou oonbnue to accrue 'subject to all the terms and condidoni of this A g t win nie I not honor any credit card diedk written on your Account or ,authorize any transactions after your Account is dosed and you must destroy your Card(s) and any unused credit card UP-AG10018 (5/08) Cl ,r _, checks. Send your written request to dose your Account to the inquiry address shown on your billing statement or you may call us at the telephone number listed on your billing statement. Account Closure We may dose your,Account, susper>r your credit privi or reduce your credit limit at any time and for any reason subject to the requirements. of plicable law. In any of these events, your Account baler" win continue to accrue Finance Charges and fees and will MIn subs to all the terms and oondMions of this Agreement. MI n close your Account, you agree to de your Card(a} ?8nd any unused credit card checks. If your t has be9n dosed, or your credit p ' vile str . gas are suspended, you may not use your Card or credit card checks. Default You will be in default unifier this Agreement N: (8) you fail to make at least'the Mirdmum Peyhpant.jor,_ If applibe , the Current Payment [hue) in time to be aeditett to your Account as of the Payment Due Date; (b) you violate any other pr of this Agreement (c) you beaohm demesed; (d?, be aresubjedf to_ . rkruptcy or insolvency proceedings; ) you supply us with oner creators; tgi you tae to provrae us a pnysm you exceed your credit limd; (i) our payrmerit unsatisfied b your bank or other instiri reason; or arty «edIt card check is returned u Upon defy we have the right to dose your temxnate or suspend your a+lholtAp kunrcder thh touchhaan?ge ytho?eileOrryms of your and this Al require endre Account balaince ac6rued e?01". fine ?M and t? balance rnod in rt we sue you, or rt we trite a lmhtl ptaiy to Doffed y Aooounl Is , you wlk pay our court ousts, reaeuahable atomeys' few and conecflon costs related to the default to the 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 princoW and unpaid Finance Charges. SECURITY INTEREST If you have not completed a Security Credit Card Deposit Account Agreement for your Account, we are extending you an unsecured line of credit. If you have completed an a ication and aSecti ft Credit Card p ?ttAisntt for a ?setxitbd bocamt, the terms co?a n hied pgragrap i apply to your Account. As Security for your performance under this Agreement, including but not limited to the repayment of all credit extended under this Account. and :any replaosment secured credit card account, you assign,., and grant to us a first priority security interest in all money rpw and hereafter in the deposit account ("Deposit At -with intermountain and an your maeooeoness is ruhuy saosim or. until inis Account is othenwise modified by us. If you exohped-your credit limit or otherwise default under the terms of this Agreement, or if {his Agreement isereafter cancel an nd d bwitlwut advar? n6 ceto ou apolvyall or part of your Deposit Account to the payment and satisfaction 9 of any and all amounts owed under this Account and any repleoement secured credit card account. In addition, we mayy use any other remedies permitted or otherwise available to us. )f the amount in your Deposit Account is not sufficient to retire all obligations incurred related to r 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 Card or credit card checks are lost or stolen or yyour Account number is compromised. You may, notify us by calling us at the phone number listed on your billing statement. Liability for Unauthorized Use You should retain copies of all charge slips until yyou receive your billing statement, at which ti==- hould verify that the charms are ffme and the amounts vrn, maw ho NANA fi, Th" unsumonzea use tenet occurs after you notffy us of or possible unauthorized use_ No fib0inn m fisd ha wnan us irnmeawvery upon yearning or the loss, i wm or Possible u ' ad use or caking us at the telephone number listed on your bMng statement. You will not be liable for anY unauthorized use of your Account when you notify us irmrnediateiy by phone or in writing In any your lab' for unauthorized use of your Card will not exceed. To notify us of unauthorized use of your Card, you may call or write to us at the telephone number or inquiries address shown on your billing statement. PERSONAL INFORMATION Chang*. of Name, Address, Telephone Number or Empoyment You agree to us prompt notice of any change in your name, mailing addrets, telephone number or place of employment. Updated Financial and Other Information anUpon ee uest, y aUogre to pryourse mt give us accurate financial about w. Credit Reporting If you. fall to fulfill the terms of your credit obligation a negative repor. reflecting on your credit record may be submit)ed to credit rreeppoor?ting agencies. If any jec information related to your Account transactions or tcredi experience with us is inaccurate, you may us to coned the inaccurate information (after oonfim?atfon fhe alleged error) reported to an credit reing agency by writing to us at P.O. Box 98706, Las Vegas, W 89193. Certain Privacy Practices You a??ttee?e that from time to time we may receive credit infornalbrh conoarnin? from others, such as stores, other lenders, and credit n urgencies, and that we may use this u1nn:r VIM t even are not in aerauit wren us. agree that the Department AMotor Vehicles may release residence address to us, shbuld it become necessary m Ic you. You agree that our supervisory personnel may listen record tele one calls between you and our representative order to evaluate the quality of our service to you and to c cardmembers. For additional Information regarding our pri, practices, please refer to our Privacy Statement. 10 ADDITIONAL TERMS Change of Terms (including Finance Charges), ovm MOW MW W1411PMANO IMPAAMor.6. OTHER INFORMAMN Assigrnrrent of Account We may sell, assn or transfer your Agreement and Account or any thereof witt?out notice to you. You m doay not sell asoagn ar. transfer y,our Accowtt. If we Itss fln yo y Accounn the-assignee shall nave the same rights as we under this Agreement. Waiver We ff chAgrB oose to delaty anforciing or waive any of our r?1 ttds ement in certain. situations. We can cl?la enforanr? y 9 or waive any of our rights winnout our op??g rights 1f we waive a rght, we do rot thefreby wariverl6rYa$;ipttt in other situations. Severabllity If any provision of this Agreement is finally determined to be void or unenforceable udder an law, rule or rreegguulation all other provisions of this Agreement will rem valkl-and arlilorceabie. Applicable Law This Agreement and our Account will b?egovemed by f ral law and to the extent 'state law Isr app!iZ ie, the laws the state of Nevada, whether of not you INS In Nevada nd whether or not your Account is used outside Nevada. Ihis Agreement is entered Into in Nevada, yyour Account is maintained in Nee?ida, and all credit under this Agreement will be extended from ado.. YOUR BILLING RIGHTS What To Do If There's An Error In Your Bill YOUR BIWNG RIGHTS - KEEP THIS NOTICE FQR. FUTURE USE This notice contains Important information about your rights and our responsibilities under the Fair Credit Billing Act. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR. BILL ifyou think your 4N Is wrong, or If you need more information atrotut a on bin, write to us (on a separate us as t1s t o w r on nYouro war thwanrite 6 days= POZ sera you tf bill on whkthe ema or prnappgf n no Us, but oing so will not.:paesarve'your 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 Mere is an error. If you need more information, describe the item you are not sure about If cum have authorized us to pay your Account bill automaNdccsaillly trom your savings or checking account, C?ootttu"can the mi pajowk your t ?of must each uthink roe bu es dayyss we automatic payment Is Schad=to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE: We must adutowledpe yyoour letter .within 30 days, unless we have corrected the error 9 then. Within 90 days, we must either comet t the error or explain why we believe the ban was correct. Atter:we receive your letter we.cannot try, to coNeetany amount you , th or report you as delinquent. We can contho to bill Y*ud for to no nt we can ep* ar ny uunpaidq amount agelft your Cm* Lit. You. do not trine to pay 63 questioned amount white we are bl not In gquestion ob tsd to pay the parts of your If we find that we made a mistake on your bill, you will not have to pay any.Flaino Cher ppees8 related to any questioned amount. If we didn't mieW a mistake, you may nave to pary Finance Changes, and you will have to make up any mIsW 00 ft prnount. In either case, we Will send you a stalemept -tw amount you owe and the date it Is due. it you fan to the amount we think you owe, we may you "FibwevarI if our a nallon does not a?indyou to us wldlin ten days tolling us you still reRuse we must tee anyone-we report you to that you have a quad about your 1x11. And, we must fen you the name of anyone we reported you to. Upon settlement of the dispute, we must, tell everyone we report you to that the matter has 6beeew seined. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even If your bill was corrsct. SPECIAL RULES FOR CREDIT CARD PURCHASES or sin If pura••haa a with a credit Arta, a and you proper rr good sith to correct Me 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) if not, within 100?miles of yyoour cx rrrent ymailing address. or 12 (b) The purchase price must have been more than $50. These limitations do not apply If we own or operate merchant, or If we maNed you the advertisement for pMparty or services. HSBC Card Services Inc. and/or HSBC Card Services (11) pr&/ido processing services for HSBC Bank Nevada, N.A. You ma write to us at the inquiries address shown on your b0iln9 statement or HSBC Bank Nevada N.A., 1111 North Town Center Drive, Las Vegas, Nevada h9144. Patrick Burke Managing °Dlrec for and`Chief Operating Officer 0 2008=HSOC Bank Nevada, N.A. May 1, 2008 13 the the Inc. Our Accessibility HSBC Card Services is committed to providing reasonable accommodationsId persons with disabilities. We'offer a varidty o auxiliary ai with our customers, including reader services, large-print documents, and accessible online versions of printed materials. Additional auxiliary aids and services will be provided when necessaryto ensure effective communication with a customer. If you have a'disabiliity that interferes with your ability to access otfr:se tease contact HSBC Card Services by telephone. er on your statement at, ?* . , by calling the TDO numb or frp. irectory on the back of tis insert You may locate anMhTa? ate t he Accessibility Contact Form atwww. ouraccessib'i com. You also may submit an accommodation request by mail to HSBC Card Services, ADA Coordinator, P.O. Box 5892, Carol Stream, IL 60197-5892. We will respond to your request pro+lrtptly, and in no event more than 10 business days aftikite retl6est is made. No fee or charge will be imp'esedfor any.21,1 Id or service or other accommodation provided on acogurt? _e abi[ity. Should;yqutihave any complaints about the accommodation processor the accommodation provided to you, please contact us by telephone at 1-866-535-2964, by calling the TDO number on your statement or from the TDD Directory on the back of this insert You may locate and complete the Accessibility Contact Form at www.ouraccessibility.com. You also submit a j complaint by mail to HSBC Card Services, ADA Coordinator, P.O. Box 80026, Salinas, CA 93912. IN34002(1/10) CUSTMT _ HSBC Credit Card Customer 9_i9nnceT --4-??--- -- - bl ?' H6BE-EerdSe*Ges - arrividing tWsona e accommodations to persons with disabilities. It you require I Du assistance, select the appropriate phone number listed below. Contacts HSBC Card Services Commercial Card OptiPay Account Central Online GM Card GM Extended- Familyt Card, GM Flexible Earnings Card Household Bank* Household Card HSBC Orchard Bank® Sears Solutions MasterCard® Teamster Privilege Union Pluse American ExpresO/Discovere All Other Credit Cards TOO 1-800-365-0186 1-800-365-0186 1-800-365-0186 1-877-902-0967 1-800-685-9020 1-8WN54020 1-M6?9020 1-800-655-9392 1-800-656-9352 1-800-655-9392 1-800-655-9392 1-866-852-1163 1-800-395-9020 1-800-395-9020 1-877-902-0967 1-800-655-9392 IN3M (1/10) CVSTW 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. JOSEPH J LEGO 3 EDGEWOOD DR MECHANICSBURG PA 17055 Defendant Date: No. 11-7535-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 7) C Filed on Behalf of Plaintiff Coun?e of record for thi Pa r ?. -Vr v t _ Robert lel:'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 ?y ?b .o p? #7' ` 3q3 7 ©ay2 a '7 L ce ,pa, 'LP d yo h IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, VA'. 3502 Plaintiff v. JOSEPH J LEGO 3 EDGEWOOD DR MECHANICSBURG PA 17055 Defendant t.?a zr No. 11-7535-CIVIL TERM N : r-:7 U. X71 PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant, JOSEPH J LEGO , for failure to answer the Complaint. (X) Amount Due $857.02 Less Credits $.00 TOTAL $857.02 (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (X) Pursuant to PA.R.C.P.237 (Notice for Final Judgment or Decree), I certify that a copy of this praecipe has been mailed to each other party who appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P.231.1, I certify that a written notice of intention to file t " aecipe was mailed or delivered to the party against whom judgment be entered and In /her Attorney of record, if any, after the default occurred and at least tell da s prior to the de o he filing of this praecipe and a copy of the notice is attached. Date: 3 070 .?? Robert N. Polas, Jr., Esquire # 201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 1,40 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0806 Attorneys for Plaintiff 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. JOSEPH J LEGO 3 EDGEWOOD DR MECHANICSBURG PA 17055 Defendant No. 11-7535-CIVIL TERM 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 $857.02, plus interest, on. (X) A copy of all documents filed with the Prothonotary m support By: If you have any questions regarding this Notice, please Date:3 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 f'or Plaintiff 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 3, 2011 JOSEPH J LEGO 3 EDGEWOOD DR MECHANIC'SBURG PA 17055 10-93839 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. JOSEPH J LEGO 11-7535-CIVIL TERM Dear JOSEPH J LEGO: 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 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. 11-7535-CIVIL TERM V. JOSEPH J LEGO 3 EDGEW OOD DR MECHANICSBURG PA 17055 Defendant TO: JOSEPH J LEGO 3 EDGEWOOD DR MECHANICSBURG PA 17055 DATE OF NOTICE: November 3, 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'Nlas, Jr., Esquire Carrie A. Brown, Esquire Attorney 11) # 201259/94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, Va 23502 Attorneys for Plaintiff E ?t, _a =,1trittitIic : s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATE, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff v. JOSEPH J LEGO 3 EDGEWOOD DR MECHANICSBURG PA 17055 Defendant MOO No. 11-7535-CIVIL TERM ---T. r-, C1 ".S C;" ;7 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, intormation and belief, the above named Defendant, is over 21 years of age; is last known to reside at 3 EDGEWOOD DR MECHANICSBURG PA 17055 and is not in the military service of the United States or its .Allies, or otherwise within the provisions of the Service Members Civil Relief Act and its Amendments.. Date: 3 .2 F Robert N. Polas, Jr., Esquire, #201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff 10-93839 Department of Defense Manpower Data Center Nov-16-2011 14:31:48 Military Status Report 10-93839 7 Pursuant to the Service Members Civil Relief Act Last FirstiMiddle Begin Date Active Duty Status Active Duty End Date Service Name Agency LEGO JOSEPH 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 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). Ott 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 eligibilityfor military medical care and other eligibility systems The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or 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.miI" URL h1pWwww.defenselink.milffaq/pisfPC09SLDR.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 about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this VVeb 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 TAPs, Marine Corps ARs and Coast Guard RPAs. Active D.1t~y status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service i)r 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 SCPA 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 erroneou certificate to be provided. Report ID:IROID8G4010