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Home My WebLink About12-1212Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC Et U I ,?i 140 Corporate Blvd. f *V ` ,J _i, o t ter Norfolk, VA 23502 TELE: 1-866-428-8102 i L a FAX: 757-518-0860 Attorneys for Plaintiff , g?4,zn r PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 No. Do (D - l Cl? l I Plaintiff V. JEFFERY MAGUIRE 420 S FREDERICK ST MECHANICSBURG PA 17055 Defendant NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action withing twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by an attorney, an filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (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. 7S?d C<< (4C6 C/a v P- *a- 7 1 syg 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. JEFFERY MAGUIRE 420 S FREDERICK ST MECHANICSBURG PA 17055 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) 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 , cominumcation is front .t E ol!:d an npt r Ft?°? Ir !u Jim] obl 6r)("d wi 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. JEFFERY MAGUIRE 420 S FREDERICK ST MECHANICSBURG PA 17055 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant JEFFERY MAGUIRE, is an adult individual with last known address of 420 S FREDERICK ST, MECHANICSBURG PA 17055. It is averred that Defendant was indebted to GE MONEY BANK F.S.B. / WAL-MART on May 4, 2009 with account number ************3845 (hereafter referred to as "Account"). A copy of the account history is attached here to and collectively marked as Exhibit "A." 4. By using the Account, Defendant agreed to repay any incurred balances and/or charges made to the Account pursuant to the terms and conditions governing said Account. Failure to pay Defendant's incurred charges on the Account is considered a default. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. if , 11oll 1" froj-rl a debt collectol, < 11 ??r?w, sri rrnmti' ol t fi€ ,:1 w1 j, l ?ti it ?? 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 March 11, 2010. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK F.S.B. / WAL-MART and Plaintiff is now the holder of the Account. A true and correct copy of the affidavit is attached hereto and collectively marked as Exhibit "A." 9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum of $1,113.92. 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, JEFFERY MAGUIRE, in the amo TJ 1,113.92, plus costs of this action and any i other relief as the Court deems just and reasonable. J11 Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-57299 i 6. i ? ITI 13 ;?vl`rt c° ?llect??r loll oblint-l d y?ill 11(, VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, David D. Sage 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 : FEB 0 9 2012 By: -- David D. Sage Custodian of Records 11-57299 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 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************3845 JEFFERY MAGUIRE Account Holder: JEFFERY MAGUIRE 420 S FREDERICK ST MECHANICSBURG PA 17055 Consumer Account Issuer: Assignee: Account Number: Date Account Opened Date of Last Payment: Date of Charge Off: Balance at Purchase Purchase Date: Product Code: PVT GE MONEY BANK F.S.B. / WAL-MART Portfolio Recovery Associates, LLC ************3845 May 4, 2009 March 11, 2010 August 6, 2010 $1,113.92 March 31, 2011 Balance at Charge-Off: $1,113.92 Less Payments: $.00 Balance Due: $1,113.92 11-57299 GECK77 'This communication is from a 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, David D. Sage , Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's records, including a review of the business records transferred to Account Assignee from GE MONEY BANK F.S.B. / WAL-MART ("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 March 31, 2011. 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 JEFFERY MAGUIRE ("Debtor") to the Account Seller the sum of $1,113.92 with the respect to account number (************3845), as of August 6, 2010 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $1,113.92 as due and owing as of the date of this affidavit. Portf ecovery Associates LC l? •? w By: David D. Sage ustodian of Records Subscribe a d wo to b e me on /4-of kb , 2012 Notary blic Erin L. Carr CommonwNl? of VlrpiniS Nottry Public 11-57299 COMMM on No, low my cants Won Womn 7IHmof FI& I,111 from a dcbt ,?,}1 ector and IS 'all o collect a debl, t? r?Y? aEfF d will air ?.' hwtbal i?url? WALMART 833282333_43 T&C PLCC PDF WALMART CREDIT .•D PRICING INFORMATION As of 12,131/09 ANNUAL PERCENTAGE RATE .....(APR) FOR PURCHASES The Purchase APR will equal the prime rate plus 16.90%, but not less than 22.90%. The Periodic Rate for your Account is the Standard Rate, unless the Delinquency Rate applies as described below. The Standard Rate for a billing period is the greater of (i) the Prime Rate plus 16.90%, times 1/365, or (ii) .06274% (APR 22.90%). DELINQUENCY APR The Delinquency APR will equal the prime rate plus 23.90%, but not less than 29.90%. Periodic Rate for all Account balances will be increased if you fail to make a Minimum Payment to us when due, you exceed your Credit Limit or Cash Advance Limit, or you make a payment to us that is not honored by your bank. In such circumstances, we will increase your Periodic Rates (including any promotional rates) on all Account balances to a delinquency rate ("Delinquency Rate") equal to the greater of: (i) the Prime Rate plus 23.90%, times 1/365; or (ii) .08192% (APR 29.90%). The Delinquency Rate will apply to your existing balances and future transactions and will take effect as of the first day of the billing period in which your missed payment or returned payment was due or in which you exceeded your Credit Limit or Cash Advance Limit. Once the Delinquency Rate applies, if you make any required Minimum Payment by the Payment Due Date in six consecutive billing periods, the next Statement you receive will reflect a new Periodic Rate (rather than the Delinquency Rate) equal to 1/365 of the total of the Prime Rate, plus 16.90%, but in no event less than .06274% (APR 22.90°/x). VARIABLE RATE INFORMATtON The "prime rate" is the highest bank prime loan rate as published in The Wall Street Journal in its Money Rates section on the 15th day (or the next business day if the 15th is not a business day) of the calendar month preceding the first day of the billing period. The Periodic Rate and corresponding Annual Percentage Rate may vary. If the Prime Rate increases, the Periodic Rate and corresponding Annual Percentage Rate may increase, and as a result the Finance Charge, Minimum Payment and number of payments also may increase. Any change in the Periodic Rate will apply to your entire Account balance. We may select a new interest rate index if the Prime Rate is not available. GRACE PERIOD FOR REPAYMENT OF THE BALANCE FOR PURCHASES At yeast 23 days if you ?our balance in full each month, ??th?r?ise, none. METHOD OF CONIPUTtNG THE BALANCE FOR PURCHASES Daily Balance (including new pu-chases)" tdlMMUM FINANCE CHARGE $1.00 Late Payment Fee: $0 if your New Balance is less than $15.00; $15.00 if your New Balance is $15.00 to $99.99; $29.00 if your New Balance is $100.00 to $249.99; and $39.00 if your New Balance is $250.00 or more. Returned Check Fee: $25.00 Overlimit Fee: $25.00 * METHOD OF COMPUTING THE BALANCE SUBJECT TO FINANCE CHARGE. A. The balance subject to Finance Charge is the Daily Balance of the Account. However, there is no balance subject to Finance Charge for a billing period if there is no Previous Balance on your Account for that billing period or the sum of your payments and credits on your Account during the billing period is at least equal to the Previous Balance. B. To determine the Account balance subject to Finance Charge, we take the beginning balance of your Account each day, which includes any unpaid Finance Charges, and add any new Purchases and other debits for that day and subtract any payments and other credits applied that day. Each day, we also add any Finance Charges, Late Payment Fees and Returned Check Fees assessed that day. Credit insurance premiums and debt cancellation fees, if any, are not included. This gives us the "Daily Balance" of the Account. However, any Daily Balance less than zero will be treated as zero. GE MONEY BANK CREDIT CARD AGREEMENT RETAIL INSTALMENT CREDIT AGREEMENT Nonnegotiable Consumer Note 1. GENERAL. This Agreement ("Agreement') governs your Walmart credit card account ("Account'). In this Agreement and your billing statement ("Statement'), "we", "us", and 'bur' means GE Money Bank, 170 West Election Drive, Suite 125, Draper, UT 84020; "you" and "your" means all persons who we approve to use the Account; and "Card" means your Walmart Credit Card. The effective date of this Agreement ("Effective Date") will be the earlier of (i) the date you submit an Account application that is approved by us, or (ii) the first date that you or someone authorized by you uses the Account. 2. USE OF ACCOUNT. You may use your Account to purchase goods or services ("Purchases"), up to any credit limit we may establish ("Credit Limit'). You may use your Card to obtain cash loans ("Cash Advances") at participating Walmart owned registers (not at registers in leased departments) in Walmart stores, up to any Cash Advance credit limit we may establish ("Cash Advance Limit'). Each Cash Advance must be in increments of $20, up to any limit we may set, and may only be obtained if you are making an approved Purchase with your Card. No more than one Cash Advance may be obtained on your Account each day. The Cash Advance Limit may be a portion of the Credit Limit and may be referred to as a "Credit Limit". Except as otherwise expressly provided in this Agreement or any applicable offer, a Cash Advance will be treated as a Purchase. We may decline to authorize any Purchase or Cash Advance or change your Credit Limit or Cash Advance Limit at any time. You may use your Account only for personal, family or household purposes. 3. TYPES OF CHARGES. Purchases under your Account may be either Regular Purchases or Big Ticket Purchases. Big Ticket Purchases are single item Purchases of $399 or more made at a Walmart owned register in a Walmart store and any other Purchases, other than Cash Advances, on the same sales receipt as the Big Ticket Purchase. Regular Purchases are all Purchases other than Big Ticket Purchases, including Cash Advances. The way we calculate the Minimum Payment is different for Regular Purchases and Big Ticket Purchases and Finance Charges are calculated separately for Regular Purchases and Big Ticket Purchases. The other terms and conditions in the Agreement will apply to both Regular Purchases and Big Ticket Purchases. 4. PROMISE TO PAY. You promise to pay us for all credit that we extend on your Account for Purchases and Cash Advances and all other amounts owed to us under the terms of this Agreement. 5. FINANCE CHARGES. A. The Finance Charge for a billing period is calculated by applying the Periodic Rate to the Account balance subject to Finance Charge for each day in the billing period and adding together all of those daily Finance Charge amounts. There is a minimum FINANCE CHARGE of $1.00 for a billing period in which a Finance Charge is assessed. B. The Periodic Rate for your Account is the Standard Rate, unless the Delinquency Rate applies as described below. The Standard Rate for a billing period is the greater of (i) the Prime Rate plus 16.90%, times 1/365, or (ii) .06274% (APR 22.90%). The "Prime Rate" for a billing period is the highest bank prime loan rate as published in The Wall Street Journal in its Money Rates section on the 15th day (or the next business day if the 15th is not a business day) of the calendar month preceding the month in which such billing period begins. As of August 1, 2009, the Standard Rate was .06274% (APR 22.90%). C. Periodic Rate for all Account balances will be increased if you fail to make a Minimum Payment to us when due, you exceed your Credit Limit or Cash Advance Limit, or you make a payment to us that is not honored by your bank. In such circumstances, we will increase your Periodic Rates (including any promotional rates) on all Account balances to a delinquency rate ("Delinquency Rate') equal to the greater of: (1) the Prime Rate plus 23.90%, times 1/365; or (ii) .08192% (APR 29.90%). As of August 1, 2009, the Delinquency Rate was .08192% (APR 29.90%). The Delinquency Rate will apply to your existing balances and future transactions and will take effect as of the first day of the billing period in which your missed payment or returned payment was due or in which you exceeded your Credit Limit or Cash Advance Limit. Once the Delinquency Rate applies, if you make any required Minimum Payment by the Payment Due Date in six consecutive billing periods, the next Statement you receive will reflect a new Periodic Rate (rather than the Delinquency Rate) equal to 1/365 of the total of the Prime Rate, plus 16.90%, but in no event less than .06274% (APR 22.90%). As of August 1, 2009, this new Periodic Rate was equal to .06274% (APR 22.90%). This new Periodic Rate will apply to all existing balances on your Account and all new transactions. D. The Periodic Rate and corresponding Annual Percentage Rate may vary. If the Prime Rate increases, the Periodic Rate and corresponding Annual Percentage Rate may increase, and as a result the Finance Charge, Minimum Payment and number of payments also may increase. Any change in the Periodic Rate will apply to your entire Account balance. We may select a new interest rate index if the Prime Rate is not available. 6. BALANCE SUBJECT TO FINANCE CHARGE. A. The balance subject to Finance Charge is the Daily Balance of the Account. However, there is no balance subject to Finance Charge for a billing period if there is no Previous Balance on your Account for that billing period or the sum of your payments and credits on your Account during the billing period is at least equal to the Previous Balance. B. To determine the Account balance subject to Finance Charge, we take the beginning balance of your Account each day, which includes any unpaid Finance Charges, and add any new Purchases and other debits for that day and subtract any payments and other credits applied that day. Each day, we also add any Finance Charges, Late Payment Fees and Returned Check Fees assessed that day. Credit insurance premiums and debt cancellation fees, I any, are not included. This gives us the "Daily Balance" of the Account. However, any Daily Balance less than zero will be treated as zero. 7. WHEN FINANCE CHARGES BEGIN TO ACCRUE. If there is no Previous Balance for the billing period or the sum of your payments and credits for the billing period is at least equal to the Previous Balance, new Purchases and other charges in that billing period will begin to accrue a Finance Charge as of the first day of the next billing period if a Finance Charge is imposed in the next billing period. If there is a Previous Balance for the billing period, and the sum of your payments and credits for the billing period is not at least equal to that Previous Balance, new Purchases and other charges in that billing period will begin to accrue a Finance Charge from the later of the date of the transaction or the first day of the billing period in which the transaction is posted to your Account. 8. PAYMENTS. A. Unless otherwise provided for in a Special Payment Plan, when there is a New Balance shown on your Statement, you agree to pay at least the Minimum Payment called for on that Statement, in time for receipt by us by 5:00 p.m. (ET) on the Payment Due Date shown on the Statement. Your Payment Due Date may vary from month to month and the length of time you have to pay may be longer or shorter from month to month. Please check the Payment Due Date on your Statement carefully each month to ensure timely payment. You may pay more than the Minimum Payment at any time. If you have a balance subject to Finance Charge, earlier payment may reduce the amount of Finance Charges you will pay. Your Minimum Payment will initially be equal to the sum of the Minimum Payment for Regular Purchase balances and the Minimum Payment for Big Ticket Purchase balances calculated as follows: 1. The Minimum Payment for Regular Purchase balances is equal to the greater of: $15 or 1/24 of the Regular Purchase balance, rounded to the next highest dollar. When the Regular Purchase balance is less than $15, the Minimum Payment for Regular Purchase balances is equal to the Regular Purchase balance. 2. The Minimum Payment for Big Ticket Purchase balances is equal to the greater of: (a) $10, (b) the Big Ticket Purchase balance times 1/40, rounded to the next highest dollar or (c) the Minimum Payment for Big Ticket Purchase balances for your previous billing period. When the Big Ticket Purchase balance is less than $10, the Minimum Payment for Big Ticket Purchase balances is equal to the Big Ticket Purchase balance. Under this method, the Minimum Payment for Big Ticket Purchase balances will not decrease as the Big Ticket Purchase balance decreases, but it will increase if a new Big Ticket Purchase increases the Big Ticket Purchase balance subject to Minimum Payment above a previous high. Big Ticket Purchases are single item Purchases of $399 or more made at a Walmart owned register in a Walmart store and any other Purchases, other than Cash Advances, on the same sales receipt as the Big Ticket Purchase. Regular Purchases are all Purchases other than Big Ticket Purchases, including Cash Advances. However, if during any four month period immediately following a billing period in which a late and/or overlimit fee is assessed, you pay at least the Minimum Payment each month but the total of your payments does not at least equal the sum of the finance charges billed on your Statement each month, plus 1 % of your New Balance each month, plus the particular late and/or overlimit fee that was assessed in the billing period before the four month period, your Minimum Payment will be changed for future months to the greatest of (i) the sum of the Minimum Payment for Regular Purchase balances and the Minimum Payment for Big Ticket Purchase balances; or (ii) the sum of 1 % of your New Balance plus finance charges, late fees and/or overlimit fees billed on your Statement, rounded to the next highest dollar. In each case, your Minimum Payment will include any past due amounts and any payment due in connection with a specific promotional purchase. B. All written communications concerning disputed amounts, including any check or other payment instrument that (i) indicates that the payment constitutes "payment in full" or is tendered as full satisfaction of a disputed amount, or (ii) is tendered with other conditions or limitations ("Disputed Payments"), must be mailed or delivered to us at the address for billing inquiries shown on the Statement, not the Payment Address or at a Walmart store or Sam's Club. C. All payments, except Disputed Payments, must be mailed or delivered to us at the address shown on your Statement (the "Payment Address") or made at a Walmart store or Sam's Club. We may also offer services in which you may pay your bill by telephone ("Pay by Phone") or through the Internet. We may charge fees for these services. Our customer service representatives are instructed to tell you about any fees for Pay by Phone services and any fee for making an online payment will be disclosed to you online. Any payments received after 5:00 p.m. (ET) on any day will be credited as of the next day. Credit to your Account may be delayed up to five days if payment (a) is not received at the Payment Address or at Walmart store or Sam's Club, (b) is not made in U.S. dollars drawn on a U.S. financial institution located in the U.S., (c) is not accompanied by the remittance coupon attached to your statement, (d) contains more than one payment or remittance coupon, (e) is not received in the remittance envelope provided or (f) includes staples, paper clips, tape, a folded check, or correspondence of any type. You agree, however, that payments may not be made, and may not be deemed received by us, at any location other than the Payment Address, at a Walmart store or Sam's Club or via our Pay by Phone or online payment services, if provided. Although we post your payments in the manner described above, we may delay restoring your available Credit Limit in the amount of your payment. All credits for payments to your Account are subject to final payment by the institution on which the item of payment was drawn. D. We reserve the right to select the method by which payments and credits are allocated to your Account in our sole discretion. The payment allocation method that we use may result in higher Finance Charges on your Account, depending on the types of transactions you make (such as promotional or non-promotional purchases), and the timing and amount of your payments. If you have any questions about the allocation of your payment or would prefer to choose a different payment allocation option we offer, please call customer service at 1-877-294-7880. E. We reserve the right to obtain payment electronically for any check or other instrument that you send to us by initiating an ACH (electronic) debit in the amount of your check or instrument to your account. Your check or item will not be returned to you by us or your bank. Your bank account may be debited as early as the same day we receive your payment. 9. FEES. You agree to pay the following fees. A. A Late Payment Fee, if we have not received your Minimum Payment by 5:00 p.m. (ET) on the Payment Due Date shown on your Statement. The amount of the Late Payment Fee will be based on your New Balance at the time your delinquent Minimum Payment was calculated. The Late Payment Fee will be: New Balance Late Payment Fee Less than $15.00 $0.00 $15.00 - $99.99 $15.00 $100.00 - $249.99 $29.00 $250.00 or more $39.00 B. A Returned Check Fee of $25 if any check or other instrument sent to us, or any electronic payment authorization you provide us in payment on your Account, is not honored upon first presentment, even if the check, instrument or electronic authorization is later honored. C. An Overlimit Fee of $25 if your outstanding balance at the close of a billing period exceeds your Credit Limit. We may charge an Overlimit Fee even if we authorize the transactions on your Account that caused you to exceed your Credit Limit. This Fee will be imposed no more than once in a billing period. 10. SECURITY INTEREST. You grant us a purchase money security interest in each item of merchandise purchased on your Account to secure its unpaid purchase price until such merchandise is paid in full. Solely for the purpose of determining the extent of our purchase money security interest in each such item of merchandise, your payments will be allocated first to Finance Charges on the Account, and then to pay off each Purchase on the Account in the order in which the Purchase was made (if more than one item was purchased on the same day, your payments will be allocated to pay off the lowest priced item first). If you made a Purchase pursuant to a credit promotion, the balance with respect to the promotional Purchase may be shown on Statements during the promotional period and may reflect a different payment allocation method. In no event will we assert a security interest in the promotional Purchase for an amount greater than the lowest balance shown on a Statement for that promotional Purchase. We agree that no security interest is or will be retained or acquired under this Agreement in any real property which is used or is expected to be used as your dwelling. 11. SPECIAL PAYMENT PLANS. From time to time, you may be offered special promotional terms which modify the terns of this Agreement with respect to certain Purchases on your Account ("Special Payment Plans"). The provisions of this Agreement apply to any Special Payment Plan, unless otherwise provided in this Agreement or under the Special Payment Plan offering. 12. TERMINATION/CHANGE IN TERMS. You may terminate your Account at any time by providing us written notice. We may, at any time and subject to applicable law, change, add or delete provisions of this Agreement ("Terms Change") or terminate your Account. Unless prohibited by applicable law, we may apply any Terms Change to any outstanding or future balances of your Account. We will send to you notice of any Terms Change as required by applicable law. Upon any termination of your Account, you remain obligated to repay the balance of your Account and this Agreement will continue to apply until you do so. 13. DEFAULT. Subject to the limitations of applicable law, we may declare you in default if you: (i) fail to make at least the Minimum Payment when due; (ii) violate any other term of this Agreement; or (iii) become the subject of a bankruptcy or insolvency proceeding. After your default or your death, and subject to the limitations of applicable law, we may: (i) reduce your Credit Limit; (ii) terminate your Account; (iii) require immediate payment of your entire Account balance; (iv) terminate any Special Payment Plan and convert any balance on such Plan to the standard terms and conditions of the Account; (v) bring an action to collect all amounts owed; and/or (vi) take any action allowed by law. If, after your default, we refer your Account for collection to an attorney who is not our salaried employee, you will pay, to the extent permitted by applicable law, our collection costs, including court costs and reasonable attorneys' fees. 14. UNAUTHORIZED USE. The Card is issued to you by us at your request and you agree to destroy it upon demand. You will not be liable for the unauthorized use of the Card. You agree to promptly notify us if your Card is lost or stolen or of possible unauthorized use of your Card by writing to P.O. Box 981470, El Paso, TX 79998-1470 or by calling us at 1-877-294-7880. If you orally give us notice concerning loss or theft, you agree to confirm it in writing. You agree that unauthorized use does not include use by a person to whom you have given authority to use the Account or Card and that you will be liable for all use by such a person. To terminate that authority, you must notify us at 1-877-294-7880. 15. CREDIT REPORTS AND ACCOUNT INFORMATION. You give us permission to request information and to make whatever inquiries we consider necessary and appropriate (including obtaining information from third parties and requesting consumer reports from consumer reporting agencies) for the purpose of considering your application for this Account and subsequently, in connection with any updates, renewals or extensions of credit or reviewing or collecting your Account. You also authorize us to report information concerning you or your Account, including information about your performance under this Agreement, to consumer reporting agencies and others who may properly receive such information. If you believe that we have reported inaccurate information about you to a consumer reporting agency, please contact us at P.O. Box 981471, El Paso, TX 79998-1471. In doing so, please identify the inaccurate information and tell us why you believe it is incorrect. If you have a copy of the credit report that includes the inaccurate information, please include a copy of that report. You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a consumer reporting agency if you fail to fulfill the terms of this Agreement. 16. USE OF INFORMATION ABOUT YOU AND YOUR ACCOUNT/CONSENT TO COMMUNICATIONS. You authorize and direct us to furnish information about you and your Account to Wal-Mart Stores, Inc. (and its affiliates) for use in connection with the Walmart Credit Card program. including to create and update their customer records, to assist them in better serving you, and to provide you with special promotions. In addition, you agree to the use of information about you and your Account described in the Privacy Policy. The Privacy Policy is a part of this Agreement and is enclosed or attached hereto. You agree that we and any other owner or servicer of your account may contact you about your account using any contact information or cell phone numbers you provide (whether previously or in the future). You expressly agree to the use of any automatic telephone dialing system and/or automated or prerecorded voice when contacting you, even if you are charged for the call under your phone plan. If you do not want to be contacted on your cell phone in this way, you may call us at 1-866-630-2763 at any time. 17. TELEPHONE MONITORING. To ensure that you receive accurate and courteous customer service, on occasion, your call may be monitored by our employees or agents and you agree to any such monitoring. 18. JOINT ACCOUNTS. If this is a joint account, each of you will be jointly and individually responsible for your obligations under this Agreement; notice to one of you will be considered to be notice to both of you; and we can rely on instructions from one of you, even if we receive inconsistent instructions from the other person. 19. WAIVER. We may, in our sole discretion, choose to not exercise any right under this Agreement, including the right to impose the full amount of any charge, without waiving that right. Any waiver of a right by us must be in writing and signed by us. Except as we may agree in a signed writing, we will not waive any rights if we (a) accept a late or partial payment, (b) accept a check or other payment marked "payment in full" or tendered with other conditions or limitations, (c) extend the due date of any payment due under this Agreement, and/or (d) release any collateral or person responsible for your obligations under this Agreement. 20. CHANGE OF ADDRESS. You will notify Us promptly if you change your address. We may send Statements and other notices to your address in our records until We have a reasonable opportunity to update our records with any new address for you. You agree that when we are notified that you have a new address, the terms of this Agreement specifically applicable to the residents of your new state of residence will apply to the entire balance of your Account. 21. ARBITRATION PROVISION. Please read this arbitration provision carefully. IT PROVIDES THAT ANY PAST, PRESENT OR FUTURE LEGAL DISPUTE OR CLAIM OF ANY KIND, INCLUDING STATUTORY AND COMMON LAW CLAIMS AND CLAIMS FOR EQUITABLE RELIEF, THAT RELATES IN ANY WAY TO YOUR ACCOUNT, CARD OR YOUR RELATIONSHIP WITH US ("CLAIM'S WILL BE RESOLVED BY BINDING ARBITRATION IF EITHER YOU, WE OR WALMART ELECTS TO ARBITRATE. Right to Reject Arbitration: You may reject this arbitration provision, in which event neither you nor We will have the right to require arbitration. Rejection will not affect any other aspect of these terms. To reject the arbitration provision, you must send Us a notice within 60 days after you open your account. The notice must include your name, address, and account number and be mailed to P.O. Box 981429, El Paso, TX 79998-1429. This is the only method you can use to reject the arbitration provision. As used in this provision: "We", "Us", and "Our" mean (1) GE Money Bank and all of its respective parents, subsidiaries, affiliates, predecessors, successors, assigns, employees, officers and directors (collectively, the "Bank"), and (2) Wal-Mart Stores, Inc. and all of its respective parents, subsidiaries, affiliates, predecessors, successors, assigns, employees, officers and directors (collectively, "Walmart"), if Walmart is named as a co-party with the Bank in a Claim asserted by you. This arbitration provision covers all Claims, except that We will not elect to arbitrate an individual Claim brought by you in small claims court or its equivalent, unless that Claim is transferred, removed, or appealed to a different court. This provision replaces any existing arbitration provision between you and Us. The following describes the arbitration procedure, and its implications: • Notice: If you or We elect to arbitrate, the other party must be notified. Your notice must be sent to GE Money-Americas, Legal Operation, 777 Long Ridge Road, Stamford, CT 06927. Notice can be given after a lawsuit has been filed, in which case it can be made in papers in the lawsuit. • Administrator: The person who starts the arbitration proceeding must choose an administrator, which can be either the National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, www.arb-forum.com, (800) 474-2371; or the American Arbitration Association, 335 Madison Avenue, New York, NY 10017, www.adr.ora, (800) 778-7879. The actual arbitrator will be selected under the administrator's rules, and must be a lawyer with at least ten years of experience. • Applicable Law: These terms involve interstate commerce and this arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. Section 1 et seq. (the "FAA"). Utah law shall apply to the extent state law is relevant under Section 2 of the FAA in determining the validity of this provision. The arbitrator has to follow: (1) the substantive law, consistent with the FAA, that would apply if the matter had been brought in court, (2) this arbitration provision, and (3) the administrator's rules. The arbitrator is authorized to award remedies that would apply if the individual action were in a court (including, without limitation, punitive damages, which shall be governed by the constitutional standards employed by the U.S Supreme Court). • Location/Fees: The arbitration will take place in a location reasonably convenient to you. If you ask us, we will pay all filing, administrative, hearing and/or other fees the administrator or arbitrator charges up to $2,500. If the cost is higher, you can ask us to pay more and we will consider your request in good faith. Under all circumstances we will pay all amounts we are required to pay under applicable law. • Judgment/Appeals: A court may enter judgment upon the arbitrator's award. The arbitrator's decision will be final and binding except for: (1) any appeal right under the FAA; and (2) any party may appeal decisions relating to Claims of more than $100,000 to a three-arbitrator panel appointed by the administrator, which will reconsider all over again any aspect of the appealed award. If you appeal, We will consider in good faith a request that We pay any additional fees of the administrator or arbitrator. IMPORTANT LIMITATIONS AND RESTRICTIONS: IF A CLAIM GOES TO ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO: (1) HAVE A COURT OR A JURY DECIDE THE CLAIM; (2) ENGAGE IN DISCOVERY (I.E., THE RIGHT TO OBTAIN INFORMATION FROM THE OTHER PARTY) TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT; (3) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER; (4) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (5) JOIN OR CONSOLIDATE YOUR CLAIM(S) WITH CLAIMS OF ANY OTHER PERSON. THE RIGHT TO APPEAL IS MORE LIMITED IN ARBITRATION THAN IN COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. ONLY A COURT MAY DETERMINE THE VALIDITY AND EFFECT OF PARTS 3,4 AND 5 OF THIS PARAGRAPH. IF A COURT SHOULD HOLD SUCH PART(S) TO BE INVALID, THEN THE ENTIRE PROVISION SHALL BE NULL AND VOID. HOWEVER, THIS WILL NOT LIMIT THE RIGHT TO APPEAL SUCH HOLDING. IF A COURT SHOULD HOLD ANY OTHER PART(S) OF THIS ARBITRATION PROVISION TO BE INVALID, THE REMAINING PARTS SHALL BE ENFORCEABLE. This arbitration provision will survive the termination of your account and the card and will remain in force no matter what happens to you or your account. If the administrator's rules conflict with the rules described in this provision, this provision will apply. 22. GOVERNING LAW. Except as provided in the arbitration provision, this Agreement and your Account and any claim, dispute or controversy arising from or relating to this Agreement or your Account, whether based on contract, tort, fraud and other intentional torts, statute, common law and/or equity, are governed by and construed in accordance with federal law, and to the extent that state law applies, the laws of the State of Utah (without regard to internal principles of conflicts of law). The legality, enforceability and interpretation of this Agreement and the amounts contracted for, charged and received under this Agreement will be governed by such laws. This Agreement is entered into between you and us in Utah. We make decisions about granting credit to you from, extend credit to you under this agreement from, and accept your payments in Utah. 23. ASSIGNMENT. We may sell, assign or transfer any of our rights or obligations under this Agreement or your Account, including our rights to payments, without prior notice to you. You may not sell, assign or transfer any of your rights or obligations under this Agreement or your Account. 24. SEVERABILITY. If any provision of this Agreement is determined to be void or unenforceable under applicable law, all other provisions of this Agreement shall still be valid and enforceable. 25. ENTIRE AGREEMENT. This Agreement, together with any application you signed or otherwise submitted in connection with the Account (which is hereby incorporated by reference in this Agreement), constitutes the entire agreement between you and us relating to your Account and supersedes any other prior or contemporaneous agreement between you and us relating to your Account. This Agreement may not be amended except in accordance with the provisions of this Agreement. WALMART 833282333_43 T&C PLCC PDF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES,LLC 120 CORPORATE BLVD NORFOLK,VA 23502 Plaintiff No. 2012-1212 Civil V. JEFFERY MAGUIRE 420 S FREDERICK ST MECHANICSBURG PA 17055 PRAECIPE FOR DEFAULT Defendant JUDGMENT -r; m X� �> Filed on B of Plaintiff Counse o- If for this Date: o ert N. Polas, Jr.,Esquire,#201259 Carrie A. Brown,Esquire, #94055 Mark R. Garvey,Esquire,#312686 Portfolio Recovery Associates,LLC 120 Corporate Blvd Norfolk,VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 11-57299 tam 36OS97 This communication is from a debt collector is an attempt to collect a debt. Any infoiinatio.n obtained will be used. for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES,LLC 120 CORPORATE BLVD NORFOLK,VA 23502 Plaintiff No. 2012-1212 Civil V. JEFFERY MAGUIRE : 420 S FREDERICK ST : MECHANICSBURG PA 17055 Defendant PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant, JEFFERY MAGUIRE, for failure to answer the Complaint. (X) Amount Due $460.67 Less Credits $.00 TOTAL $460.67 (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (X) Pursuant to PA.R.C.P.237 (Notice for Final Judgment or Decree),I certify that a copy of this praecipe has been mailed to each other party who appeared in the action or to his/her attorney of record. (X) Pursuant to Pa.R.C.P.23 1.1, 1 certify that a written notice of intention to file this praecipe was mailed or delivered to the party against who dgment is to be en d and to his/her attorney of record, if any, after the de 1 ccurred and at le t to days prior to the date of the filing of this praecipe and a p of notice is a Robe . Polas, Jr.,Esquire,#201259 Carrie A. Brown,Esquire, #94055 Mark R. Garvey, Esquire,#312686 Portfolio Recovery Associates,LLC 120 Corporate Blvd Norfolk,VA 23502 (T) 1-866-428-8102 (F)(757) 518-0860 Attorneys for Plaintiff 11-57299 This communication is from a debt collector is an attempt to collect a debt. Any information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES,LLC 120 CORPORATE BLVD NORFOLK,VA 23502 Plaintiff No. 2012-1212 Civil V. JEFFERY MAGUIRE 420 S FREDERICK ST MECHANICSBURG PA 17055 Defendant NOTICE OF JUDGMENT (X)Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of$460.67,plus post judgment interest from the date of the judgment. (X)A copy of all documents fled with the Prothonotary in port thew* in judgment is/ attached. By: If you have any questions regarding this Notice e ontact the fi ' ar ert N. Polas,Jr., Esquire,#201259 Carrie A. Brown,Esquire,#94055 Mark R. Garvey, Esquire,#312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 11-57299 This communication is from a debt collector is an attempt to collect a debt. Any infoilnation obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC Litigation Department 120 Corporate Blvd Norfolk, VA 23502 Telephone: 1-866-428-8102 Fax: (757) 518-0860 Hours of Operation: Monday through Thursday 8 AM to 11 PM, Friday 8 AM to 9 PM, Saturday 8 AM to 5 PM, Sunday 12 PM to 11 PM (EST) December 19, 2013 JEFFERY MAGUIRE 420 S FREDERICK ST MECHANICSBURG PA 17055 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. JEFFERY MAGUIRE 2012-1212 Civil Dear JEFFERY MAGUIRE: Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, LOL13— Robert N.Polas,Jr., Esquire Carrie A. Brown, Esquire Mark R. Garvey,Esquire Attorney ID#201259/94055/312686 Portfolio Recovery Associates,LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff 11-57299 This communication is fiom a debt collector is an.attempt to collect a debt. Any.information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES,LLC 120 CORPORATE BLVD NORFOLK,VA 23502 : Plaintiff No. 2012-1212 Civil V. JEFFERY MAGUIRE 420 S FREDERICK ST MECHANICSBURG PA 17055 Defendant TO: JEFFERY MAGUIRE 420 S FREDERICK ST MECHANICSBURG PA 17055 DATE OF NOTICE: December 19, 2013 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 Sincerely, Lz'406— Robert N. Polas, Jr., Esquire Carrie A. Brown,Esquire Mark R. Garvey, Esquire Attorney ID#201259/94055/312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk,VA 23502 11-57299 Attorneys for Plaintiff This communication is from a debt collector is an attempt to collect a debt. Any information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES,LLC 120 CORPORATE BLVD NORFOLK,VA 23502 Plaintiff No. 2012-1212 Civil V. JEFFERY MAGUIRE 420 S FREDERICK ST : MECHANICSBURG PA 17055 Defendant AFFIRMATION OF NON-MILITARY SERVICE The undersigned counsel, as attorney for Plaintiff,herein affirms under the penalties of perjury that I am the attorney for the Plaintiff in the above-captioned matter,and that to the best of my knowledge, information and belief, the above named Defendant, is over 21 years of age; is last known to reside at 420 S FREDERICK ST MECHANICSBURG PA 17055 and is not in the military service of the United States oaobert iPolas,wise with' the provisions of the Service Members Civil Relief Act and its Amendm Jr., Esqui re,#201259 Carrie A.Brown, Esquire,#94055 Mark R. Garvey, Esquire,#312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk,VA 23502 (T) (866)428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 11-57299 This communication is a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Department of Defense Manpower Data Results as of:Dec-23-201305:07:15 Center SCRA 3.0 1, v? .cm Repon P=umt to S vicemembm Civil Relief Act Last Name: MAGUIRE First Name: JEFFERY Middle Name: Active Duty Status As Of: Dec-23-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA 'NA 'No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA r.NA No NA This response reflects where the individual left active duty y statusvrithin 367 days preceding g the ActiverDuty Status Date The Member or His/Her Unit Was Notifled of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or hislher..unit has received early notihcation to report for active duty ................_ Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. ohIA vt Fjq. 010,14,_A?� Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 11-57299 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)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 Servicemembers 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 only 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 was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://wwv.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date 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). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense 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 Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). 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. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). 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 the SCRA extend beyond the last dates of active duty. Those who could 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 last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 36CCXC54KO50060