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HomeMy WebLinkAbout12-2418Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 ?, /? A Attorne s for Plaintiff ? IJ Cf 7f 111 ?(jS V V s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY 140 Corporate Blvd. Norfolk, VA 23502 V. FILIPPO DEVITA 37 BURGNERS MILL RD CARLISLE PA 17015 ASSOCIATES, LLC Plaintiff Defendant NOTICE No. I I ,. )q10 3v1.I 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. Q C1 0 $4 3.7SPJ aF? ,2tt o) -7 yooy 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. FILIPPO DEVITA 37 BURGNERS MILL RD CARLISLE PA 17015 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o obejciones a las demandas puestas en esate contra usted. usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS ELGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 This communication is (iorn a cleft collector and is ate aflempt to collect a dclat. Any information obtain! w,111 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. : FILIPPO DEVITA 37 BURGNERS MILL RD CARLISLE PA 17015 Defendant COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant FILIPPO DEVITA, is an adult individual with last known address of 37 BURGNERS MILL RD, CARLISLE PA 17015. It is averred that Defendant was indebted to CAPITAL ONE BANK N.A. on March 5, 2007 with account number ************2347 (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. I-his cornznunicatioii is from a debt collector goad is an attempt to Collect a debt. .any infcxrination obtained will be used for that purpose,. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on March 27, 2009. 8. 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 $881.56. 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, FILIPPO DEVITA, in the a t of $881.56, 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 11-83057 'nis corm-nunicatloii is from a debt collector and is are attempt to collcct a deht. 'my infionnation obtairied will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Wi., Spellman 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 authorities. Date : APR 0 5 2012 /, By: ? r Custodian of Records 11-83057 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: ************2347 FILIPPO DEVITA Account Holder: FILIPPO DEVITA 37 BURGNERS MILL RD CARLISLE PA 17015 Consumer Account Product Code: MC Issuer: CAPITAL ONE BANK N.A. Assignee: Portfolio Recovery Associates, LLC Account Number: ************2347 Date Account Opened: March 5, 2007 Date of Last Payment: March 27, 2009 Date of Charge Off. November 23, 2009 Balance at Purchase: $884.11 Purchase Date: December 8, 2009 Balance at Charge-Off: $881.56 Less Payments: $.00 Balance Due: $881.56 11-83057 CAPG74 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, ltina Spellman _, 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 December 8, 2009. Further, the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from FILIPPO DEVITA ("Debtor") to the Account Seller the sum of $881.56 with the respect to account number (************2347), as of November 23, 2009 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $881.56 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, SpelUmull By: tna , Custodian of Records Subscri d ;d swo to re me on or- •? 5 ZVI? , 2012 Notary Public 11-83057 Erin L. Car Commonwealth of Virginia Notary Public Commission No. 7509898 MY Commission Expires 7/31x2015 Tlii communication is from a debt collector and is an atten-ipt to collect a debt. Any Hit'Ormation obtained will he used for that purpo,,e, Ammx A F*rwwd ilia Res4vahk Salo Agrommak Amt Mmobw 2 lidWbk 1to Fae d fuw Rood*vhk Sak Adro mesh dmbd ilk wuwy 66, no iiii6L OF iALZ 1*, II Tins MH of Saie is dsfi,ared pwvmw to deaf eaeioim Fwd Fires Aseoiv" Sak Ado nmd, dMed as of Fsiaemy 6i, 2009, at by aid bstewsrw Sobw (as macomw to C* W Ow D mk) amd iii (dw "AW* mW j. Au cW*Qmd ieem wood, but not i A d, in this BC of We bawt *w immvWp mipnd to smch una • ? is ?!oeaeomt. - Tint Cu*ffBatt for *e Sale Fite was D Mr 3rd, 2W9. . CAPI'T'AL ONZ RANK (USA), NATIONAL ASSOCIATION Hy: Nam:.te dils Tittle: litme® mdo h&p eoiwz1 MU amt what's in your wallet? 500013 «- IT'S TIME TO TAKE CONTROL OF YOUR DEBT. WE'RE HERE TO HELP. Even it we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? Please contact us to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call or pay the amount due on your statement by the eue date to eliminate the nsk of being charged off. CA 2009 (:dpual One. Capita! Ono is cjedally regutered seri,hr mirk. RG right, resented FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $747.14 $0.00 * i $8.67 \ * `: $58.00 = $813.81 $134.00 Nov. 16, 2009 Sep. 22, 2009 - Oct. 21, 2009 Page 1 of 1 PLEASE PAY AT LEAST rHnS MACAW atiinum Account Your Account Information TOTAL CREDIT LINE $300.00 1 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $300.00 AVAILABLE CREDIT FOR CASH $0.00 /Finance Charges (Please see reverse for important information) i Balance rate Periodic Corresponding FINANCE j applied to Tate APR CHARGE Purchases $759 08 0 03808% P 13.90% $867 Cash $0.0C 0 04107% P 14.99% $0 00 ANNUAL PERCENTAGE RATE applied this period: 13.804 Q At Your Service • Go to wow caataine Dom to menage your accuurd, a Cat 1-800-9033637 to report a bsl or stolen card or speak to Customer Reelions 0 Pay Online at www c®itebrreoom a mat your payment to. Capital One Bank (USA), N.A. • P.O. Box 71083 - charlotte, NO 28212-1083 A Send Inquiries to: Capital One- P 0 Box 30285 • Sort Lake Oty. UT 841300285 ® Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement or visit www capitalone.comldisoutes You re behind by six payments. If we charge off your account due to late or missed payments finance Charges will continue to accrue. Aci now to prevent this from happening Please pay fhe i, in;mum payn ent amount on your statement or g ve us a cat! at 1.800 955 6600 1^!e're here to hero ' aka arnt« r of your credit with Capital One Prrlent?-Credits A-Adjustmenb -.- Transactions 1 16 OCT PAST DUE FEE $3900 2 21 OCT OVERLIMIT FEE OCT 21, 2009 $1900 Your account is 90 days past due and your Payment Protection coverage has been suspended As stated in your Payment Protection agreement your coverage and monthly charge will be reinstated once your account is no longer 90 days past due You may still be eligible for benefits to be paid to your account for loss events described in your Payment Protection agreement. Call Stonebndge Benefit Services at 1-888-527-6904 to see if your situation qualifies for benefits. Your account has gotta over its credit limit To avoid additional overlimit fees you should pay more than the Minimum Payment. Please pay enough to bring your account balance below your credit limit immediately: and make sure your account balance remains below your credit limit. Please be sure the amount you pay accounts for any future purchases, fees and finance charges. You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future we recommend that you allow at least 7 business days for your minimum payment to reach Capital One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ONTO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. C A Account Number: 347 Due Date New Balance Minimum Paymen moun nclosed I\ Nov. 16, 2009 $813.81 1 , $130.00 j PLEASE PAYAT LEAST ----------- THI5AMOUNT #9029507552776199# FILIPPO DEVITA 37 BURGHERS MILL RD CARLISLE, PA 37035-8963 renlllhl Illur.InlIeIIIIIhIII?hIHIeIrIIId?IIrIIIIIInI?II 01 BE SAFE! Your trash could be an identity thiefs . gold. Manage your account online and end the paper trail. ` Sign up at www.capitalone.com i - Capital One Bank (USA), N.A. P-O Box 73083 Charlotte, NC 28272-3063 IIIIIII-III.,IIIII-II-IIIII11--IIIIII--II-I-IIFII--IIIIIIIIeIIII Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. FILIPPO DEVITA e!P 1. How to Avoid a Finance Charge. a.Grow Period You will have a minimum grace period of 25 days withaA finance charge on new purchases, new balance transfers. new special purchases and new other charges d you pay your total'Nmw Balance". in wcofmnce with the important Notice fa payments below, antl in time fa 4 to be padded by yes partners due date There. no grace period on cast) ad... s and special tmrsfers. In adds ion. them a no grace period on any transaction it you do not pay the total "New Balance." b. Acianuap Farance Charge. Transactions which are not subject to a grace period are assessed finance on" 1) hen the date of the transaction a 2) from the date the It arisaction is prmsssod to your Account or 3) from the first calonk ar day of the cutent billing period. Additionally. it you did not pay the "New Balms" from the previous billing period in full. finance charges continue to accrue to your unpaid balance until the unpaid balance is paid in NN. This means that you may dill owe finance changes, even it you pay the sntke New Balance indicated on the front of your statement by the payment due dais, but did not do so for the previous month. Unpaid friends charges are added to the applicable segment of your Account. c. Minimum Fhbnce Charge. For each filling period that your account is sub)sct to a finance change. a minimum total FINANCE CHARGE of $0.50 will be impol al d Temporary Reduction in Flnana Charges. We reserve the right to not assess any or all finance charges fa any given billing period. 2. Average Dolly Balance (Including Navy Purchases). Finance charge is calculated by mudiplyng the dairy balance of soon segment o (your account (erg.. cash advance, purchase, special transfer. and special purchase) by the corresponding daily peiodic isle(s) get has been previously disclosed to you. Al the end of each day during the billing period, ws apply the daily pesodic rate for each segment Of your account b thw daily balance of each segment Than at the end of the biking period . we add up the results of these daily calmlatrons to amine sit your periodic finance charge for each segment. We add up the results from each segment to amn at the total periodic finance charge for your accent. To get the daily balance for each segment of your account we take the beginning balance fa each segment and add any new transactions and Any periodic finance charge calculated an the previous day's balancefor that segment We than subtract any payments or auras posted es oflhM day that A. allocated to that segment. This gins us the separate daily balance lot each segment d your account. H-or. 4 you paid the New Balance shown on your previous statement in full (a 6 your new balance was zoo a a credit amount). new Immediate. which post to your purchase a special purchase segments are not added to the daily balances. We calculate the average daily balance by adding sit It. daily balances together and dividing tame sum by the numbs Of In. days in the oumerd billing cycle. To calculate your total finance charge. multiply your aysagm daily balance by the daily periodic rate and by the numbs of days in the billing period. Due b rounding on . daily basis at due to minimum finance charge assessment. Ina. may be a variance between this calculation and the amount of finance charge .damlly assessed. 3. Annual Percentage Rates (APR) a. Thetenn'Annual Percentage Rate' may appear as "APR" on the from of this statement. b. lithe We P (Quarterly Prime), L (Quarterly LIBOR), C (Quarterly CO), or S (Bankam Prime) appears on me from of this statement next to the periodic rali the ponodic robs and corresponding ANNUAL PERCENTAGE RATES may vary quarterly and may increase or discloses based on the stated Inciose- As found in The Wall Sfreel Journal. plus to margin Previously disclosed to you. These changes oil be eamdhve on the fimt day of your billing period lensed by your Periodic statement ending in the months of January. April. July antl October. b. If the cods 0 Monthly Prime). F (Monthly LIBOR). or G (Treasury LIBOR) appears on the front of your statement next to the parodic rate(s), the periodic cotes and corresponding ANNUAL PERCENTAGE RATES may vary monthly and may increase or decrease based V h- stated indices, a found in The Wag Street Joumal. plus the margin previously disclosed to you. These changes will be effective on the first day of your billtrng period each month. 4. Asseesmerd of Late, Overtired and Returned Pay"m Fees. Under the terms of your customer agreement . as reserve the right to waive or not to assess any lees wshout prior notification to you without waiving our fight to assess the same or similar fees at . late, time. 5. Membership Fee antl Renewing Your Account. If a membership fee appears on this statement. we will cradd the fee if you request to close your account within 30 days of the mailing of this statement You may continue b ... the ...,it owing the 30 day period before your requsd. If you do not pay all charges owed on the account within 90 days. or 4 you use your Pool card or amount after you request to dose. any membership fee previously waived may be reinstated to your account . 8. Closing or Suspending Your Account. You may 'squeal that your account be closed by caging a writing our Customer Relations Department . At the time of your request. we will provide you with additional details on closing your account. This may include payment information. If you use your credit card or charges pod to your account after you ask us to close youramount. we can keep youraccoum open or reopen it We may close or "spend your account and your tight to obtain cmdd. We may do this at any time and fort any mason, even 4 you are not in default. A suspension of your account an be permanent o temporary . d your amount e closed o suspended. you mud slop using your cold am and account. You must also cancel all preauthbhZW billing arrangements to the amount . We will not do ibis 1o you. If we dose or permanently suspend your account, you must also destroy all aedit cams and amount Ames, checks. You mud still pay all Amounts you owe us on the account, even it they went charged after your acmum is closed or suspend d, 7 Making Payments Payments you mail to us will be awned to your Account as of the business day we receive 0, provided (1) you no the boaom part- of this statement antl your aback in the enclosed remittance envelope and (2) your payment Is mewed in our processing area by 3pm ET (12 noon PT). Please allow at least five (5) business days fa postal delivery. Payment received by us at any other location or in any other form may riot be credited as of the day -midaye them. Our business days am Monday through 8. Notice About Electronic Check Conversion When you provide a check as payment. you aulDwlze us wren to use inormam from your check to make a one-time electronic fund transfer from your deposit amount or to process the payment as a check transaction. When as use information ham your check to make ea -Iedronic fund hander, funds may be wdhd.- from your deposit amount as soon As the same day we receive your payment. antl you wig not receive your check back from your financial instadion. Your authorization is not tanked by the date a1 the check. We may msubmd and electronically collect returned Payments g. laankruptey. IT you are entitled to bankruptcy promotions Per your account. this communication is onlyfor informational purposes. It is not an attempt to added. assess or recover a (debt a claim. Do not send any payments direcay to us without speaking with your bankruptcy attorney oche Bankruptcy Court. If you wantto contact us about your account o your bankrupt y proceeoing, please bane your aflamey contact us TBILLING RIGHTS SUMMARY (In Case of Bras or Questions about Your 8111) It you think your bill is wrong, or 4 you need more information on a transaction or dill, wile to us on a separate sheet as soon as possible at the address fa inquiries sham on the from of this Malement. We must hear from you nc later than BO day. After we saint you the first both on which the error or problem appeared . You can call our Customer Relations numbs or notify us by email or wmbsits. but doing so WIN not preserve your rights. In your letter, give us the ldlowing information. your name and amount number the dollar amount of the suspected errs, a description of thm srro and an mxplanation, it possible, of why you believe there is an mrtor or it you need more information. a oesaipticn of the diem you are unsure abort. You do not have b pay Any amount in question while we are irmotigding 4, but you am still obligated to pay the pans of your all that am not in question. Whim wo Investrgate your question. we cannot report you as delinquent or lake any action to collect the amount you question t Special Rules fa Credit Caro Purchases It you have a problem with the quality of property or services that you purchased with a areas cetl and you have ideal in good faith to correct the problem with the merchant. you may have the right not to pay the remaining Amount due on the property or services. You have this protection only when the purohase price was more than $50.00 and the purchase was made in your home state or within 100 miles of your marling Wdreas. (If we own or operate the merchant. a d we mailed you the advertisement fa the property or services. all purchases are covered regardless of amount or location of purchase) Please remember to sign all mrtespondence. t Dow ?of sooty b business amounts Capital One supports Information prlvacy Protect- see our wooma, at fOtllml.CiotalQaa.mm Capital Ono is a federally mgidared service mark of Capital One Financial Corporation. Ali rights reserved 02008 Capital One Changing Address? Not quite ready to make payments online? Address ........................................................................................... No problem. Follow these simple steps to make sure ................................................................ we process your payments smoothly: Home Phone ................. .......................................................................... ® • Don't staple or paper clip your check to the payment slip. Alternate Phone ......................................................... .................................. Be sure to use the payment envelope that came with your E-mail GO statement. Using a different envelope could delay processing. Address ........................................................................................... • Please don't include any additional correspondence. • Last but not least, be sure to write your 16-digit account Please print address or phone number changes above using blue or black ink number on your check. all- 1 CYCLE # 21 CAPITAL ONE CYCLE FACSIMILE REPORT 1 ACCT-ID: 898 CARD# jjjjj&jJJJW347 STMT-TYPE: ENGLISH REWARDS: N PREV-BAL: $813.81 PAYMENT&CREDITS: $0.00 FINANCE CHRGS NEW-BALANCE: $881.56 MINIMUM PAYMENT: $156.00 LATE FEE: CREDIT-LIMIT: 300 CREDIT-AVL: 0.00 CASH-LIMIT: 300 TPC : MP HOLD: 000 CLOSE-DATE: OOB: N MISS-ADDR: N WATCH: WO CRDT-REV: ARCH: N REASON: 00 HARDCOPY: 04 NEW: N EBPP: N SERVICE-OWNER: 000011 SAC-PGM: BK-HOLD: NBANKRUPTCY: N CHARGEOFF: N LEGAL: N FRAUD: N TRANSFER: N CTC-CHG-IND PROBE-IDS: LINE: DELQ: OVLM: AUTH: REIS: PROD: MESSAGE-IDS: PAST-DUE: INSURANCE: TRIAD M1: TRIAD M2: TBAL C/I BALANC FILIPPO DEVITA Purchases 0001 02 37 BURGNERS MILL RD Cash 0002 02 CARLISLE PA 17015896137 US TRANSACTION DATA TRANDATE REFERENCE NUMBER MERCHANT DESCRIPTION 11162009 PAST DUE FEE 11212009 OVERLIMIT FEE NOV 21, 200 9 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILED-O FiC* - TNF PROTHONOTARY Richard W Stewart Solicitor 201? MAY -I AM 8* 17 CUMBERLAND COUNTY PENNSYLVANIA Portfolio Recovery Associates, LLC Case Number vs. Filippo Devita 2012-2418 SHERIFF'S RETURN OF SERVICE 04/23/2012 06:10 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 23, 2012 at 1810 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Filippo Devita, by making known unto himself personally, at 37 Burgners Mill Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $34.00 April 26, 2012 STEPHEN BENDER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF rclCcu n- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, VA 23502 Plaintiff FILIPPO DEVITA 37 BURGNERS MILL RD CARLISLE PA 17015 Defendant r Date: C, No. 12-2418 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Filed on Behalf of Plaintiff Counsel r cord for this F ri x m so 7 4 Robert N. Polas, Jr., Esquire 7# 201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0806 Attorneys for Plaintiff C?$19W55 I'his communication is froin a debt collector is an attempt to collect ?i debt. ?ip?1C? e .fin}- in?Fon-nation obt:aitied Will lie used li01' tlUlt J)Urpf sc. 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. 12-2418 CIVIL V. FILIPPO DEVITA 37 BURGNERS MILL RD CARLISLE PA 17015 Defendant PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant, FILIPPO DEVITA , for failure to answer the Complaint. (X) Amount Due $881.56 Less Credits $.00 TOTAL $881.56 (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 raecipe was mailed or delivered to the party against whom judgme s to be entered an o hT' er Attorney of record, if any, after the default occurred and at least n Pays prior to the d e of filing of this praecipe and a copy of the notice is attached. 1 Date: Robert N. Polas, Jr., Esquire # 201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0806 Attorneys for Plaintiff 1'his communication is from a debt collector is an attempt to collect d deist. ]IV iriCon-natior;, obtained will he used ('Or that 1)G1rp0_sc. 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. 12-2418 CIVIL V. : FILIPPO DEVITA 37 BURGNERS MILL RD CARLISLE PA 17015 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 $881.56, plus interest, on. %, 6%, afeam (X) A copy of all documents filed with the Prothonotary in support of th r. -1jr By: If you have any questions regarding this Notice, please co ct 4e filing party. Date: W r)q I a Robert N. Polas, Jr., Esquire # 201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0806 Attorneys for Plaintiff ('his communication is fry in a cleft collector is all attempt to collect a debt. arts- MfOrmation oblAilICd Will he used For thkit })urp<;se. 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 FILIPPO DEVITA 37 BURGNERS MILL RD CARLISLE PA 17015 11-83057 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. FILIPPO DEVITA 12-2418 CIVIL Dear FILIPPO DEVITA: 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. 12-2418 CIVIL V. FILIPPO DEVITA 37 BURGNERS MILL RD CARLISLE PA 17015 Defendant TO: FILIPPO DEVITA 37 BURGNERS MILL RD CARLISLE PA 17015 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. 12-2418 CIVIL V. : FILIPPO DEVITA 37 BURGNERS MILL RD CARLISLE PA 17015 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 37 BURGNERS MILL RD CARLISLE PA 17015 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. P 1 Date: Robert N. Polas, Jr., Esquire, #201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff 11-83057 This COi»fflUnication is a debt collector xrnd is an attempt to collect a debt. AfIN" ?r)601,nlation obta11 ned will be used f6rthat purh+ se RIsJ'-1,1f Jum18401204:432f! Department of Defense Manpower Data Center SCRA 2.2.1 Status kepatt Pm xct to Serrictem b Civil Relief Act Last Name: DEVITA First Name: FILIPPO Active Duty Status As Of: Jun-18-2012 A tare Duty Smut Date hcdvn 6ufy End pate Status 9 v ce CSa+rponent or, AChve rmy Dc'Ictfve Duty Status Dale NA NA N A This response re'iocts the indMduats' active duty status based on the Active Duty Status Data Lott Actwe Duty WAhio 367 Days of Ad{ve 00y Status D.9to nave Duit 5 Date Active Duty End Date Status r _® Cmr,pc so v am 71 NA N NA "o Th a response rallects where the tndividnal left active duty statues Mthin 367 days preceding the Active Duty Status Date Tfle Member w l-WHer Unit Was No0ed of a Future Cakd3p to Active Du?y on Active Duty Status Date Order NVtv4caiion Stan Date Omer Nt*rX46Q.1 End Date Swus S '' e.^.<knuureat NA NA No NA This resprn:w reRacts Whether the individual rv hist1her unit has received early tmilr"tioa to capon rot acttva 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, N©AA, Public Health; and Coast Guard). This status includes information on a Servicemember or histher unit receiving notification of future orders to report for Active Duty. mut M Mary M. Snavely-Dixon. Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 "njMV2350 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.rnil" URL: http:l/www.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, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: T7V71LLG9K