Loading...
HomeMy WebLinkAbout12-2901Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 1 Portfolio Recovery Associates, LLC , g 140 Corporate Blvd. Tr 11, 1 Norfolk, VA 235021 lit: ELE: 1-866-428-8102 T FAX: 757-518-0860 lac.;?! tai: C(i4- Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. WALTER CHESTNUT 450 SHIPPENSBURG RD NEWVILLE PA 17241 Defendant NOTICE ? t - d- j l t vi No. o 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. C?? 1705o7Yg" Any information obtained will be used for that purpose. ?}} a 9 yJ 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. WALTER CHESTNUT 450 SHIPPENSBURG RD NEWVILLE PA 17241 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 "l'his communication is lroin a debt collector and. is an atienipt to collect a debt. kn itti:ohnation obtained will he 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. WALTER CHESTNUT 450 SHIPPENSBURG RD NEWVILLE PA 17241 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 WALTER CHESTNUT, is an adult individual with last known address of 450 SHIPPENSBURG RD, NEWVILLE PA 17241. 3. It is averred that Defendant was indebted to GE MONEY BANK F.S.B. / WAL-MART on December 7, 1993 with account number ************2839 (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. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. This communication is rorn a debt collector and is an attempt to collect a debt. Anv information obtained will be used for th?ai purpose. 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 April 24, 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." 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 $4,749.57. 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, WALTER CHESTNUT, in the amount of $4,749.57, plus costs ofthis action and any other relief as the Court deems just and reas n ble. Robert N. Polas Jr., Esquire # 201259'-- Carrie A. Brown, Esquire # 94055 11-65022 This communication is f'rona a debt collector and is an attempt to collect a deli. Any information obtained xvill be used for that purpose;. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Mary L. Moore 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. APR 16 201 Date : B Mary L, Moore Custodian of Records 11-65022 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: ************2839 WALTER CHESTNUT Account Holder: WALTER CHESTNUT 450 SHIPPENSBURG RD NEWVILLE PA 17241 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase: Purchase Date: Balance at Charge-Off: Less Payments: Balance Due: 11-65022 GECL92 Product Code: PVT GE MONEY BANK F.S.B. / WAL-MART Portfolio Recovery Associates, LLC ************2839 December 7, 1993 April 24, 2010 September 24, 2010 $4,749.57 July 29, 2011 $4,749.57 $.00 $4,749.57 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. L. Moore I, the undersigned, Mme' depose, affirm and state as follows: Custodian of Records, for Portfolio Recovery Associates, LLC hereby I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's records, including a review of the business records transferred to Account Assignee from 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 July 29, 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 WALTER CHESTNUT ("Debtor") to the Account Seller the sum of $4,749.57 with the respect to account number (************2839), as of September 24, 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 $4,749.57 as due and owing as of the date of this affidavit. Po o Recovery Associates, LLC By. L. , Custodian of Records Subscribe nd wo o before me on Notary Public 11-65022 APR of , I a 2Q12 2012 Erin L. Carr Commonwealth of Virginia Notary Public Commission No. 7509898 My Commission Expires 7131/2015 This conirn nIcation is from a debt collector and is are. attempt to collect a debt. ",n inl-ormation obtained will he used l(-)r that purpose. Walmart #:10 ' Save money. Live better. Walmart® Credit Card _ Summary of Account Activity Previous Balance - Other Credits Credit Limit Available Credit Cash Advance/Quick Cash Limit Available Cash Statement Closing Date Days in Billing Cycle WALTER L CHESTNUT Account Number: ? 2839 Visit us at walmartcondcredit Customer Service: 1-800-641-4526 $4,749.57 $4,749.57 $5,000 $0.00 $200 $0.00 09/2412010 29 Payment Information New Balance $0.00 Minimum Payment This Period $750.00 Amount Past Due $0.00 Total Minimum Payment Due $750.00 Payment Due Date 09/27/2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $35.00. Tran Post Date Date Reference Number Description of Transaction or Credit Amount 09124 09/24 F91120OLVO0999M CHARGE OFF ACCOUNT-PRINCIPALS ($4,749.57) FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED 09/24 09124 INTEREST CHARGE ON PURCHASES $0.00 09/24 09/24 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2010 Totals Year-To-Date Total Fees Charged in 2010 $0.00 Total Interest Charged in 2010 $370.33 nterest Charge Calculation (our Annual Percentage Rate (APR)s the annual interest rate on your account. Expiration Annual Portion of Balance Balance Subject to interest Balance Type of Balance Date Percentage Rate Assessed This Rate Interest Rate Charge Method Regular Purchases 8 NA 29.90% Entire $0.00 $0.00 2D mash Advances Cardholder News and Information The year to date information shown on this statement reflects a partial year, starting from the time the information first appeared on your billing statement. PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE. NOTICE We may convert your payment into an electronic debit. See reverse for details, Billing Rights and other important information. 5404 BDH 1 5 25 100924 Z D PAGE 1 of 1 9112 7500 FD00 OICQ5404 Detach and mail this portion with your check. Do not include any correspondence with your check. -I f Account Nu valmart ."; TPotal MeinntmDu-m Amount Past Due Due Date New Balance ?9 Save money. Live better. - $750.00 $0.00 09/27/2010 $0.00 Payment Enclosed: ? ? ? ? ? . ? ? Ilea" Inill 11111111111 se blue or dock ink. New address or email? Print changes on back. WALTER L CHESTNUT 450 SHIPPENSBURG RD NEWVILLE PA 17241-9123 Make Payment To: WALMART/GEMB P.O. BOX 530927 ATLANTA, GA 30353-0927 GE Money Bank BILL of SALE PRA 120-day Mid Prime - July 2011 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement"), dated the 20th day of December 2010 by and between General Electric Capital Corporation, a Delaware corporation, GE Money Bank, a federal savings bank, and Retailer Credit Services Inc, a Delaware corporation (collectively "Seller") and Portfolio Recovery Associates, LLC ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on July 19, 2011, and as further described in the Agreement. GE Mone Bank t By* Title: CFO Retailer Credit Services Inc By: X 9 k Title: President General Electric Capital Corporation By: Title: Vice President GEcI 92w I of 2 GE Money Bank BILL of SALE PRA 120-day Mid Prime - July 2011 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement"), dated the 20th day of December 2010 by and between General Electric Capital Corporation, a Delaware corporation, GE Money Bank, a federal savings bank, and Retailer Credit Services Inc, a Delaware corporation (collectively "Seller") and Portfolio Recovery Associates, LLC ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on July 19, 2011, and as further described in the Agreement. GE Money Bank By: Title: CFO Retailer Credit Services Inc By: Title: President General Electric Capital Corporation By: 4 4-L ??! t 4nL -- i Title: Vice President C;ECL 9 Z 2 .r 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor c'ti a 4- s Portfolio Recovery Associates, LLC Case Number vs. 2012-2901 Walter Chestnut SHERIFF'S RETURN OF SERVICE 05/11/2012 06:13 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2012 at 1813 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Walter Chestnut, by making known unto Jennifer Etter, Granddaughter of Defendant at 450 Shippensburg Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $40.00 May 17, 2012 SO ANSWERS, RONW R ANDERSON, SHERIFF (c) CourtySuite. Shen° Telecsoff inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 Plaintiff WALTER CHESTNUT 450 SHIPPENSBURG RD NEWVII.LE PA 17241 Defendant No. 12-2901 CIVIL PRAECIPE FOR DEFAULT JUDGMENT ~~ ..,.~ .:,i ~ G ~.t~ ~ f +'1 ~ ~ ~'~ ~ -~ ~ c~ ~ .. ~. ~- --a c~ o _ ~ c-~ ~ ~,-; ~ ~ x -~„ --i .: ~: -<: Filed on if of Plaintiff Coun o ecord for this -." ~/ ~ Date: Robert N. Polas, Jr., Esquire # 201254 Carne A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T)1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff ~~ ~~ C~ "Phis coi~~inustication is liom a debt collector is an atternpt to collect a debt. ~'"' .-any infonnatian obtained will be used. for that Purpose. Q !09 ~~3 ,~q'7 q ~ f - ~1aile~ IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 Plaintiff No. 12-2901 CNIL v. WALTER CHESTNUT 450 SHIPPENSBURG RD NEWVILLE PA 17241 Defendant PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant, WALTER CHESTNUT ,for failure to answer the Complaint. (X) Amount Due $4,749.57 Less Credits $.00 TOTAL $4,749.57 Date: (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, Icertify that a written notice of intention to file this ecipe was mailed or delivered to the party against whom judgm to be entered and his/h r Attorney of record, if any, after the default occurred and at lea ten ys prior to the d e of th filing of this praecipe and a copy of the notice is attached. r~ ~~ Robert N. Polas, Jr., E uire # 201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T)1-866-428-8102 (F)(757)518-0860 Attorneys for Plaintiff Phis commutlication is from a debt collector is ail attempt to collect a debt. <~any infol7nation 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. 12-2901 CIVIL v. WALTER CHESTNUT 450 SHIPPENSBURG RD NEWVILLE PA 17241 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 $4,749.57, plus interest, on . + _ (X) A copy of all documents filed with the Prothonotary in support of By: If you have any questions regarding this Notice, please cont t t e filing party. ~_.. Date: ~3 ' _ Robert N. Polas, Jr., Esquire # 201259 Carne A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff _1'l~is cUln.~nunieation is l:rorri a debt collector is an atterilpt to collect a debt. ~~lny infon7iation obtail~.ed will be used. for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 No. 12-2901 CIVIL Plaintiff v. WALTER CHESTNUT 450 SHIPPENSBURG RD NEWVILLE PA 17241 Defendant AFFIRMATION OF NON-MILITARY SERVICE The undersigned counsel, as attorney for plaintiff, herein affirms under the penalties of perjury that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief, the above named Defendant, is over 21 years of age; is last known to reside at 450 SHIl'PENSBURG RD NEWVILLE PA 17241 and is not in the military service of the United States or its Allies, or otherwise within ,j~e~rovisions of the Service Members Civil Relief Act and its Amendments. / J Date: Robert N. Polas, Jr., Esquire, #201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T)1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 11-65022 '1~liis carrirriunication is a debt collector and is an attempt to collect a debt. Any information obtained will be used fo~• that putpase. Resuhs as of - Au@•13.2612 O~i48:3T Departen# of Defense Manpower Data Center sCRa z.a #~. Last Name; CHESTNUT ~I First Narne: WALTER Mild{e Name; Active Duty S#a#us As 4f: Aug-13-2012 NA NA ~'' v, ~.a "~, NA Ttas taeporroe .. P~Y~'dtl;r ttyaao ar11M:. - a$te4va Omts NA i ,.~ .~ 'W .~. F. ~ ,~q ate` ~ NA Thh l~sporfse reMCb ~ ktt~Sjdurd left •~ _ _ . , ,ilsys prec .. Srntus Oate NA TMs reaparlae rMeds whether ~edl has _ to report ror ac@va dWv Upon searching ttte data banks of the Department of Defe~e Man i, l;ed on the information chat you provided, the above is the sta of the irMividual on the aetive duty status date as tc al! branches of the Uniformed Services (Army, Navy, Marlrfe Corte. Air Force, NdAA, PubUc Health, a Coast GuaM). This status includes information on a 5ervicemember or blather unit receiving twtiftCatlon of future orders to report for Active Duty. e Maly M. Snavely-Dixon, Director Department of Defer4se -Manpower Data Center 4800 iNartc Center Drive, Suite 04F.25 Arlington, vA 22350 11-65022 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (Dob} that maintains the Defense Enrollment and Eltgil~lity Reporting System (DEERS} database which is the official source of data an eligibility for military medical care and other eligibility systems. The DoD strcmgly supports the enforcement of the Servicemembers C€vil ReNaf Act {6tl USC App. §501 et seq, as amended} (SCRA} (formerly known the Soldiers' and Sailors' Civil Relief Act of 1940}. DMOC has issued hundreds of thousands of "does not possess any inforrnattan indicating that khe individual is cutrentfy on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any fami member, friend, or representative asserts in any manner that the individual was an active duty for the active duty status date, or is otherwise enfitfed to protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contar~ing that parson's Service via the defenselink.mil" URL: http:/lvrww.defenselink.miilfaglpislPC095LDR.htmf. i# you have evidence the person was on aHttve duty for the aHNve duty stab date and you fail to obtain this additional Service verifiptlon, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c) This response reflects the fallowing informatlon: {t }The individual's Active Duty status on the Active Duty Status Dafe {2} Whether the individual felt Duty status within 367 days preced(ng the Active Duty Status Date (3) Whelher the individual ar hislher unit received early natificatian to report for a. duty an the Active Duty Status Date. More information tan "Active Duty Status" Actve duty status as reported in this certificafa is defined In accordance with 70 USC § 101(d} (1 }. Prior to 2tl tD on•y some of the active duty periods li Chan 30 conseHUtive days tin length ware available. in the Hasa of a member of the tational Guard, this includes service under a call fn active service authorized by the President nr the Secrelary of Defense under 32 USC § 602{f} far 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 mobilizatron position in unit they support. This includes Navy Training and Administration of the Reserves (TARs}, Maine Corps Active Reserve (ARs) and Coast Guard Rase Program Administrator {RPAs}. AHtlve Duty status else appQes to a Unffarmed Service member who is an active defy commissioned officer of the U.S. Public HeaNh Service or the National ClHeanic and Atmospheric Administration (Nf)AA Commissioned Corps). Coverage Under the SCRA is Broader in Same 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 reported as on Alive Duty under this cerfifrcata. 5CRA protections are for Ttte 1t} and Title 14 active duty records far ail the Uniformed Services perto Tide 32 periods of Active Duty are not Hovered by SCRA, as defined in ac'cardance with 10 USC § 101(d}{1 }. Many times orders are amended io extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this wehsi#e certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of servi Furtherrnore, Mme prafectians of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have actuaCty begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SI extend beyond the last dates of active duty. Thom who could racy on this certificate are urged to seek qualified legal Hounsel fa ensure that aN rights guaranteed to SeMce members under the SCI are protected WARNING: This certiflcafe was provided based on a cast name, SSNldate of birth, and active duly status data provMed by the requester. Providing erroneous information wNi cause an erroneous certiflcata to be provided. Cerkificate ID: HIK4VKS©RK 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) July 25, 2012 WALTER CHESTNUT 450 SHIPPENSBURG RD NEWVILLE PA 17241 11-65022 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. WALTER CHESTNUT 12-2901 CIVIL Dear WALTER CHESTNUT: Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Rules of Civil Procedure. Sincerely, . ,. -~ ~ ~- <-,~~~:-~1 t -_ 1. `. r~ `~-.•~`. Robert N. Polas, Jr., Esquire Carne A. Brown, Esquire Attorney ID# 201259/94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA Attorneys for Plaintiff }~'~" 5~1~^_• This communication is from a debt collector is an attempt to collect ~ debt. Any i7aformation abtaincd will. be used. for that purpose. ?'N THE rOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW PORTFOLIO RECOVERY ASSOCL~"CES, LLC 120 Corporate Blvd . Norfolk, VA 23502 . Plaintiff No. 12-2901 CNIL v. WALTER CHESTNUT 450 SHIl'PENSBURG RD NEWVILLE PA 17241 Defendant TO: WALTER CHESTNUT 450 SHIPPENSBURG RD NEWVILLE PA 17241 DATE OF NOTICE: July 25, 2012 IIVIPORTANT NOTICE r YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COUR 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 R 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 OFFIC CAN PROVIDE YOU WITH INFORMATION ABOUT HIIZING A LAWYER. IF YOU CANNOT AFFORD TO HIlZE A LAWYER, THIS OFFICE MAYBE 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 ~~_ Rob`e'r~N~. Polas, Jr., Esquire Carrie A. Brown, Esquire Attorney ID # 201259/94055 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff "this cotrnnu~yication is from a debt collector is an attempt to collect a debt. :any information obtained sill be used for that }~utpose.