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Home My WebLink About12-2079Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC J 140 Corporate Blvd. 7 Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff 9 i t„C??? ?':? I i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY 140 Corporate Blvd. Norfolk, VA 23502 V. SAM H YESPY 431 LAMP POST IN CAMP HILL PA 17011 ASSOCIATES, LLC Plaintiff Defendant NOTICE No. 0-1?6?df 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. ?f) OLO I03. 75 1 a 1 SSIaoS 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. SAM H YESPY 431 LAMP POST IN CAMP HILL PA 17011 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta 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 juzgamierto puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS ELGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 i'his connmunication is frohi a debt collector and is an attempt to col lent a debt. An-v% information obtained will be Used for that purpose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. V. SAM H YESPY 431 LAMP POST LN CAMP HILL PA 17011 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. Defendant SAM H YESPY, is an adult individual with last known address of 431 LAMP POST LN, CAMP HILL PA 17011. It is averred that Defendant was indebted to CAPITAL ONE BANK N.A. on October 17, 1998 with account number ************5540 (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. Hits communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be Uscd for that purpose. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on January 12, 2011. Plaintiff is the purchaser, assignee and/or successor in interest CAPITAL ONE BANK N.A. 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 $11,744.03. 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 ofPlaintiff and against Defendant, SAM H YESPY, in the amount of $11,744.03, 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 11-46241 i his communication is from a debt collector and is an attempt to collect a dl?bt. Any infiorination obtained will be rued fir that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Cristina Patterson hereby states that he/she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to aoities. Date : MAR 01 Custodian of Records 11-46241 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: ************5540 SAM H YESPY Account Holder: SAM H YESPY 431 LAMP POST LN CAMP HILL PA 17011 Consumer Account Product Code: VISA Issuer: CAPITAL ONE BANK N.A. Assignee: Portfolio Recovery Associates, LLC Account Number: ************5540 Date Account Opened: October 17, 1998 Date of Last Payment: January 12, 2011 Date of Charge Off: June 14, 2011 Balance at Purchase: $12,018.34 Purchase Date: July 18, 2011 Balance at Charge-Off: $11,744.03 Less Payments: $.00 Balance Due: $11,744.03 11-46241 CAPL64 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, Cristina Patterson , 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 CAPITAL ONE BANK N.A. ("Account Seller'), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on July 18, 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 SAM H YESPY ("Debtor') to the Account Seller the sum of $11,744.03 with the respect to account number (************5540), as of June 14, 2011 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 $11,744.03 as due and owing as of the date of this affidavit. Cristine Pattemonv Custodian of Records MAR 01 2012 Subscribed and sworn to before me on of 12012 Notary Public 11-46241 _._.-.- Kristie A. Chapman Commonwealth of Virginia { Notary Public Commission No. 7363570 i '.,^'... My Commission Expires 1213112014 This communication is from a debt collector and is an attempt to collect a debt. An inforniation obtained will be used for that purpose. 500343 d:ap Page 1 of 2 1-300-258-9319 1 Www.Capitalonexonilsolutions May. 14 -Jun. 13, 7011 31 Days in Billing Cycle 1 IMPORTANT ACCOUNT UPDATES I Visa Business Card 540 Your full balance is due. Any payment you make will reduce your balance and help payoff NEW BALANCE PAYMENT DUE DUE DATE i your debt faster. The amount you owe may differ Y youve entered into a separate payment { I agreement. $11,744.03 $11,744.03 PAST DUE Available Credit: $0.00 Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance I 511,416.36 50.00 t 5327 67 } 50.00 1 1 511,744.03 -J - ----i 32 ---.1 - - - _l BUSINESS TRANSACTIONS PAYMENTS, CREDITS 3: ADJUSTMENTS FOR SAM H YESPY #5540 Your account works differently now that you're 7 payments late. Please see the next page for important account information. FEES 1 10 JUN PAST DUE FEE Total Fees This Period Total Fees This Year S39.00 $39.00 S234.00 INTEREST CHARGED INTEREST CHARGE PURCHASES Total Interest This Period Total Interest This Year $288.67 $288.67 S1,591.74 Help is Available. Just pick up the phone. Call 1-800.258-9319 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases 29.40%D {!{ 571,560.43 8288.67 Cash 29.40% D f 50.00 50.00 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM7SOLUTIONS TO MAKE YOUR PAYMENT ONLINE. CAW W_ Account Number: 540 Due Date New Balance mou- ndosed I/ Past Due ( $11,744.03 j SAM H YESPY CELLULAR PAGER DEPOT INC 433 LAMP POST LN CAMP HILL, PA 17011-1428 11111'11 1111'Ii1i1'Il'1'IIII1111'IlPll'I'Ill"II111i11II11111'Il 540 Manage your account online. Visit www.capitalone.com/solutions to manage your account online. Have information at your fingertips 24/7 without picking up the phone. 4D000a Capital One Bank (USA), N.A. P.O. Box 71083 Charlotte, NC 28272-1083 I I I I I'l 1 1"I 1111' l l' ll l ll l lr r ll 1 1 1 1"I I' 1'l l l' 1 1"I I I I I I II' 1 1 1 1 Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. How cant amid paying Interest Charges? Each month you pay your 'New Balance" in lull, you will have a minimum grace period of 25 days with no interest charge on all new 1) purchases, 2) balance tranders, 3) special purchases and 4) othercharges. it you have been paying your account in full with no interest charges applied and you do not pay your next bill in fug, prorated Interest charges will be assessed. There is no grace period on cash advances, special transfers, or on any new transaction when there is an unpaid balance from a previous bill Now is the rots" Charge applied? Interest charges accrue from the 1) date of the transaction, 2) date the transaction is processed or 3) first calendar day of the biling period. Interest charges accrue on every unpaid amount until it is pad in full. This mans you may over interest charges even it you pay the entire 'New Balance" one month, but did not do so for the previous month. Unpaid interest charges are added to the proper segment of your Account. Howaef, we reserve the right to not assets interest charges at any time. Do you assess a Minimum interest Charge? Yes. A minimum INTEREST CHAWE of $0 50wtill be assessed for each billing period your account is subject to an interest charge. sow did you Calculate the Interest Chancel There are several calculatiom that are used to determine your total Interest charge. t To get your Daily Balance For each segment, 1) take the beginning balance and add in new transactions and the periodic interest charge on the previous dayY balance. 2) subtract any Payments and credits for that segment a of that day. The result as the daily balance for each segment, However, t you pad your previous month's balance in full lot 8 your balance was zero or a credit amount), new transactionswhich post to your purchase or special purchase segments are not added to the daily b.1-re; Also, transactions that are subject to a grace period arc not added to the daily balances. 2. To find your Average Daily Balance. 1) add the daily balances together and 2) divide the sum by the number of days in the billing cycle. 3. Estimate your Total Interest Charge: 1) multiply your average daily balance by the daily periodic rate and 2) multiply the result by the number of days in the billing period. NOTE. Due to rounding or a minimum interest charge, this calculation may vary from the interest charge Actually assessed. Is the 'Payment Out' a doff Armen No. All stated amounts are owed on the date of the statement. However, because interest, We charges and other charges might change from day to day as provided in your customer agreement, the amount due on the dry you pay may be larger. For example, rt you pay the amount stated in this statement, Yom Account might still have a balance after your payment a received. Also note that the amount you owe may dater t you've entered into a separate payment arrangement. Plans call the number on the front of the statement for an exact payoff amount. How can my variable Annual Percentage Rate (APIA change? Your APR may increase or decrease based on one of scum standard indices reported in The Well Sbeetloumal. To find which index is used for your account, look for a code (P, L, C, S, D or F) on the front of this statement next to the APR(s). Then check the table below: Cale next to your Annual Percentage Rae (APR) Index which your rafts are based on When your Annual Perotntage Rate will change P Ouatmly Prime+ margin previouslydisckxed to you The first day of the L Ouartwly LIBOR+ margin previously disckued to you billing Winds that C Ouad" CD + margin preciously disclosed to you And in January, April, 5 Bankcard Prime+ margin previously disckeed to you July and October. D Monthly Prime+ margin previously disclosed to you The first day death F Monthly LIBOR + margin previously disclosed to you monthly billing G Treasury LIBOR + margin previously disclosed to you period. Are there Additional Fees associated with ny account? Yes, under certain circumstances, you may be assessed a Late or Returned Payment Fee. You may also be assessed overlimit fees it permined by law You will also be required to pay all of our actual collection expenses, attorneys' fees and court costs unless the law doe not allow us to collect these amounts. We reserve the right to not assess fees without prior notice and without waiving our right to assess a similar fee later What happens it my Account is Susoendod7 We may close or suspend your account and your nght to obtain credit at any time and lorany reason, wend you are not in default. Account suspension can be permanent or temporary. If youraccount is closed or suspended you must 1) stop using your credit card and account, 2) cancel all automatic payments, 3) destroy all credit cards and access checks, and 4) pay all amounts you owe us, even d they were charged after the account was closed or suspended. How do 1 Mahe ille me nt Payments you mail us will be credited to your account as of the business day we receive them, as long as: 1) you send the bottom portion of this statement and your check in the enclosed remittance envelope, and 2) your payment is received in capital one's processing centers by 5pm lout time Please Allow at last seven (7) business days for mad delivery . Mailed Payments received by Capital One at any other location or in any other form may not be credited as of the day they are received. Do you Process Paper Checks as an Electronic Funds Transfer? when you provide a checkas payment, you authorize us and our agents either to use information from your check to make a one-time electronic fund transfer from your deposit account or to process the payment As a check transaction. when we use information from your check to make an electronic fund transfer, funds may be withdrawn from your deposit account as soon as the same day we receive your payment and you will not receive your check back from yourlmanclal institution. Your authorization is not limited by the date on the check. We may resubmit and electronically collect the returned payments. What R I file for ghpJgygjgyr it you are entitled to bankruptcy protection, this communication is for information only, it is not an attempt to cogect, assets or recover a debt or claim. Do not send us payments without speaking with your bankruptcy attorney or the Bankruptcy Court if you have questions about your account or bankruptcy proceeding, please have your attorney contact us. If you or your attorney would like to contact our bankruptcy claims servlcer directly, please contact: Capital One PC Box 30285 Salt Lake City, UT 84130-0285 BILLING RIGHTS SUMMARY lOOes Not Apply to small business Accounts) What To Do If You Think You Find A Mistake On Your Statement: t you think there is an error on your statement, write to us at. Capital One P.O. Box awn Salt Lake City, UT 84130-0285 In your letter, give m the following information. Account information: Your reme and account number. _DOllar amount. The dollar amount of the suspected error. Description of Problem: t you think there a An moron your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us vrithin 80 days after the error appeared on your statement. You must notify us of arty potential errors m writing. You may callus or notify us electronically, bind you do we we not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true. We cannot try to collect the amount in question, or report you as delinquent on that amount The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, d we determine that we made a mistake, you will not have to pay the amount in question or any interest or othwfees related to that amount. While you do not have to pay the amount in question until we send you a notice about the outcome of our investigation, you are responsible for the remainder of your balance. Your tights It You Are Dissatisfied With Your Credit Card Purchases. it you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the Purchase. To use this right, all of the following must be true 1 You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not quality 2. You must not yet have fully paid for the purchase. if all of the criteria above are met and you are still dissatisfied with the purchase, contact us in Wrijj)g at Capital One P.O. Box 30285 Salt Lake City, UT 84130-0285 while we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, it we think you owe an amount and you do not pay we may report you as delinquent. Capital one supports information privacy protection' see our websoe at www"pitalone com Capital One is a federally registered service mark of capital one Financial Corporation. All rights reserved V 2010 Capital One TC-10 05"01110 To change or update your address please call 1-800-258-9319 or visit www.capitalone.com/solutions 200866 Now that your account is 7 payments past due, the changes detailed below will apply to your account. Hopefully, these changes will make it easier for you to take control of your finances again. Your balance is still due and you'll be contacted soon to discuss options for resolving your debt. You are responsible for paying the full balance on your account as well as any associated collections expenses as provided in your customer agreement, unless the law where you reside does not allow us to collect such expenses. If we continue to send you statements, you'll now receive them quarterly instead of monthly. We may continue to report the status of your account to the credit bureaus, unless prohibited by law. We will also report when your account is paid off. Help is available. We understand that it can be challenging to manage your finances. Here are three important facts about your account that may help make it easier for you to repay your balance: 1) Highest interest balances are paid first: You will no longer be charged past due, over limit, or membership fees. 2) No more compound interest: Future interest charges will never accrue interest-making it easier to pay down your debt faster. 3) Regular payments will resolve your debt: Since your interest doesn't compound, making regular payments will get your balance paid. Call 1-800-258-9319 to discuss your options. If a third-party agency is already managing your account, your call will be automatically routed to them. Remember, you can check your balance and make payments online any time at www.capitalone.com/solutions. W Help is available. Just pick up the phone. Call 1-800-258-9319 and a specially trained agent will be happy to help you check your balance, make a payment and answer any questions you may have. Q 2011 Capital One. Capital One is a federal, registered se ice mark. All rights resmied. 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) COURT OF THE COMMON PLEAS COUNTY OF ERIE WEST STREET 4th FLOOR ERIE PA 16501 Re: Portfolio Recovery Associates. LLC Dear Clerk: I am enclosing original Complaints along with the required number of corresponding copies to be filed in your Court. I have also enclosed checks in the applicable amount to cover your filing/service fee for each defendant.Please return a time stamped copy of the complaint in the envelope provided. Thank you for your kind cooperation, and should you have any questions please do not hesitate to contact me. Sincerely, Litigation Department Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 PH: 888-772-7326 ext. 11963 Enclosures *May apply for this filing. This communication is from a debt collector is an attempt to collect a debt. Any information obtained "rill be used for that purpose. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 112 APP 23 PPS 12: 11 PENN,SYLVANIA Portfolio Recovery Associates, LLC Case Number vs. 2012-2079 Sam H. Yespy SHERIFF'S RETURN OF SERVICE 04/16/2012 06:05 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2012 at 1805 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sam H. Yespy, by making known unto himself personally, at 431 Amp Post Lane, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at tf?js a im handing to him personally the said true and correct copy of the same. (/?? SHERIFF COST: $58.00 April 18, 2012 SH*VN HARRISON, DEPUTY SO ANSWERS, 6? xl?12z-?- RONW R ANDE=RSON. SHERIFF 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. SAM H YESPY 431 LAMP POST LN CAMP HILL PA 17011 Defendant Date: ?- I leis communication is from a debt collector is an attempt to collect a debt. Anv information obtaMed Will lie LISC 1 (''(,r' tllztt purpose. No. 2012-2079 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Zm 7J ? rz ? rrs z ter... su ??r mac' c)-n oC- ) ,,,4 -+ j ;a Filed on Behalf of Plainjif? Cou 1 of recor:9- Robert arty N. Polas, Jr., Esquire # 20125 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 0.w.-F ells ai? .1 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, VA 23502 Plaintiff No. 2012-2079 CIVIL V. SAM H YESPY 431 LAMP POST LN CAMP HILL PA 17011 Defendant PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant, SAM H YESPY , for failure to answer the Complaint. (X) Amount Due $11,744.03 Less Credits $.00 TOTAL $11,744.03 (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 this praecipe was mailed or delivered to the party against whom judgmen . to be entered and is/her Attorney of record, if any, after the default occurred and at least t d ys prior to the a the filing of this praecipe and a copy of the notice is attached. i Date: / Robert N. Polas, Jr., Esquire # 201259 f r 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 a leis communication is from a debt collector is Ens attempt to collect a debt. A:r.V irt:(-t?t1zt.atiO11 ONAIIICd Will be USC l list- dl It hurPc SCe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, VA 23502 Plaintiff No. 2012-2079 CIVIL V. SAM H YESPY 431 LAMP POST LN CAMP HILL PA 17011 Defendant NOTICE OF JUDGMENT (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $11,744.03, plus interest, on. (X) A copy of all documents filed with the Prothonota. If you have any questions regarding this Notice, pleasE Date: act Robert N. Polas, Jr., Esquire # 201259--l" 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 113is communication is from a debt collector is an attc npt to collect a debt. - t formation Obt:G?itled WAll be rIscd 60F flUlt J)urpo e. PORTFOLIO RECOVERY ASSOCIATES, LLC Litigation Department 140 Corporate Boulevard Norfolk, VA 23502 Telephone: (866) 428-8102 Fax: (757) 518-0860 Hours of Operation: Monday through Friday 8 AM to 9 PM (EST) May 14, 2012 SAM H YESPY 431 LAMP POST LN CAMP HILL PA 17011 11-46241 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. SAM H YESPY 2012-2079 CIVIL Dear SAM H YESPY: Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, Robert N. Polas, Jr., Esquire Carrie A. Brown, Esquire Attorney ID# 201259/94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA Attorneys for Plaintiff This communication is from a debt collector is an attempt to collect a debt. Any information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA . CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. 2012-2079 CIVIL V. SAM H YESPY 431 LAMP POST LN CAMP HILL PA 17011 Defendant TO: SAM H YESPY 431 LAMP POST LN CAMP HILL PA 17011 DATE OF NOTICE: May 14, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 Robert N. Polas, Jr., Esquire Carrie A. Brown, Esquire Attorney ID # 201259/94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, Va 23502 Attorneys for Plaintiff This communication is from a debt collector is an attempt to collect a debt. Any information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATE, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. 2012-2079 CIVIL V. SAM H YESPY 431 LAMP POST LN CAMP HILL PA 17011 Defendant AFFIRMATION OF NON-MILITARY SERVICE The undersigned counsel, as attorney for plaintiff, herein affirms under the penalties of perjury that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief, the above named Defendant, is over 21 years of age; is last known to reside at 431 LAMP POST LN CAMP HILL PA 17011 and is not in the military service of the United States or its Allies, or otherwise within the provisions of the Service Members Civil Relief Act and its Amendments Date: Kobert N. Yolas, Jr., ;squire, 42U12Jy Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff 11-46241 l Ills ' m1-llnL1nicatiol1 is a deft collector and is an attempt to collect a debt. .'??a? i ;:.atic?rr. ??bts?illed will be Wised f???r that l?url7?.a4e. Res:flN as of Jun.1 A 2012 46:35:03 Department of Defense Manpower Data Center SCfiA 22.1 Status kepott Pursuant to Serv cen miners Civil Relief Act Last Name: YESPY First Name: SAM H Active Duty Status As Of: Jun-18-2012 aca? Duly Start Date Active Duty E-nd Date $taR15 ?? Serti ire F;cxntnrl°?bnt 0, Active Outy Ott Adwt Duty Status Oate NA NA ?... Nn .?..?.. -,.. .. ..?. dA .v._=. _... .n,m.e... ....,?.,..?? -__....s_..«, .......- a. .. ..-. ?...........e«,>..m.,.. .n..e.....?,?,.>. «? ?., e.,..em..ee_,. vA .,Waa,,. Tpa response rerrects the individuals' active duty status,-ad a? T^.a Active Duty Status Data Left At ,e Duty t ANrl 167 Wys r f Acl r 0-,ty Status Gate Act e Duty S -t Data A tr e Duty Ens Dal. ? Status 1 Sec ce Co+np<. pant NA NA No NA This response raflects wit ers the in'] . dual haft ar•_, ® duty status within 367 days preceding the Active Duty 5latus Date Ttie Member or Hc.?ler Unit Was Nutined of a FufUre Call-Up to Active Duty o Active Duty Status Date Or,- Notdl^atior+ Suit Data Oedw NaCNICaG? Fl d Date slates s r,sce Car?uneM NA NA PFo NA This response reflects wheth,,, Ill, a,dividual or his,'her unit has received early mabflcalion to repot 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. o1a, Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 "nj4V2M22350 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 systerns. The DOD, strongly supports the enforcement of the Servicemernbers Civil Relief Act (50 USG 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:llwww.defenselink.mil/fagfpls1PC09SLDR.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 hisiher 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(4) (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(1) 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 (NOAH 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, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: 2MCKEJ6FH1