HomeMy WebLinkAbout12-3492Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie A. Brown, Esquire PA Bar # 94055
Portfolio Recovery Associates, LLC
140 CorporateBlvd.
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
V.
RONALD SHIELDS
88 CHESTNUT GROVE RD
SHIPPENSBURG PA 17257
Defendant
NOTICE
.Y
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You have been sued in Court. If you wish to defend against the claims set forth in the following pages,
you must tape 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 S,
Court Administrator
32 South Bedford Street
Carlisle, PA 17013?a3,
(717) 249-3166
Pennsylvania Lawyer Referral Service C,,?/ ???oTO
(800) 692-7375
i?r?yy
This communication is from a debt collector and is an attempt to collect a debt. R--O- -27L 14D
No. /oZ C ; L7??rv-,
Any 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.
RONALD SHIELDS
88 CHESTNUT GROVE RD
SHIPPENSBURG PA 17257
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 seivido, 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 die 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 DEOE 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 from a debt collector and is an attempt to collect a debt.
Any in io.n-nation obtained will be used f-car 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: 757-5180860
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.
RONALD SHIELDS
88 CHESTNUT GROVE RD
SHIPPENSBURG PA 17257
Defendant
COMPLAINT
Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with
offices located at 140 Corporate Blvd., Norfolk, VA 23502.
Defendant RONALD SHIELDS, is an adult individual with last known address of 88 CHESTNUT
GROVE RD, SHIPPENSBURG PA 17257.
It is averred that Defendant was indebted to GE MONEY BANK F.S.B. / SAM'S CLUB on April
26, 2005 with account number ************0751 (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.
This communication is from a debt collector and i:,air attempt to collect a dcbt.
Any information obtaflicd will be used fior 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 July 7, 2010.
Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK F.S.B. / SAM'S
CLUB and Plaintiff is now the holder of the Account. A true and correct copy of the affidavit is
attached hereto and collectively marked as Exhibit "A."
9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's
Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum of
$1,428.08.
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, RONALD SHIELDS, in the amount of $1,428.08, plus costs of this action and any
other relief as the Court deems just and reasonable.
Robert N. Polas Jr., Esquire # 201259 l
Carrie A. Brown, Esquire # 94055
11-75168
This communication is frcun a debt collector and is aix attempt to collect a debt.
.any infonnat:ion obtained will be used fi)r that. hurhosc.
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.
Date MAY 10 2012 B ?6-r
.
Mary L. Moore
Custodian of Records
11-75168
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: ************0751
RONALD SHIELDS
Account Holder:
RONALD SHIELDS
88 CHESTNUT GROVE RD
SHIPPENSBURG PA 17257
Consumer Account
Issuer:
Assignee:
Account Number:
Date Account Opened:
Date of Last Payment:
Date of Charge Off:
Balance at Purchase:
Purchase Date:
Product Code: PVT
GE MONEY BANK F.S.B. / SAM'S CLUB
Portfolio Recovery Associates, LLC
************0751
April 26, 2005
July 7, 2010
February 11, 2011
$1,428.08
July 29, 2011
Balance at Charge-Off: $1,428.08
Less Payments: $.00
Balance Due: $1,428.08
11-75168
GECL92
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, Mary L. Moore
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. /
SAM'S CLUB ("Account Seller"), which have become a part of and have integrated into Account Assignee's business
records, in the ordinaGry 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 fhe 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 RONALD SHIELDS ("Debtor") to the
Account Seller the stem of $1,428.08 with the respect to account number (************0751), as of February 11, 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 $1,428.08 as due and owing as of the date of
this affidavit.
P folio Recovery AA, ssociates, LLC
? p?
Mary L. Moore , Custodian of Records
Subscribed and s efts to before me on
r'
C-/-?
Notary Public
11-75168
04 10 2012 , 2012
01111 91'e1w®II
eama?a Anp
Commonwaa P Of Virginia
Notary
Commission No. 7509732
My Commission Expires 1113012015
This comniLmication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
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
r
By: sZ e?
Title: CFO
Retailer Credit Services Inc
By: Title: President
General Electric Capital Corporation
By:
Title: Vice President
1?%tov- . a 1 _0.
N
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: ? ?1 tt 1L
Title: Vice President
r LrI 4 2 2 .t 2
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson i -
Sheriff
4,011114 rJi ?eiritirrlh,'
Jody S Smith -.:
co .`.
Chief Deputy
Richard W Stewart
Solicitor
Portfolio Recovery Associates, LLC Case Number
vs. 2012-3492
Ronald Shields
SHERIFF'S RETURN OF SERVICE
06/12/2012 08:06 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June
12, 2012 at 2006 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Ronald Shields, by making known unto himself personally, at 88 Chestnut Grove Road,
Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him
personally the said true and correct copy of the same.
W TS PUN
SHERIFF COST: $48.00
June 14, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU'l~fl'1},~A~~~~i-iN~{
CIVIL ACTION -LAW L~~L !~~ ~~ ~~
PORTFOLIO RECOVERY ASSOCIATES, LLC ~'~~~~~~~~~ ~
120 Corporate Blvd P~NNSYLVA~
Norfolk, VA 23502
Plaintiff No. 2012-3492
v.
RONALD SHIELDS
88 CHESTNUT GROVE RD
SHIPPENSBURG PA 17257 PRAECIPE FOR DEFAULT
Defendant JUDGMENT
Filed on Behalf of Plaintiff
Co a of record for thi arty
Date:
Robert N. Polas, Jr., Esquire # 201259
Came 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
This comrnunicatian is from a debt collector is an attempt to collect a debt.
.Any infartnatian abtained will. be used :Ear that pr:~rpose.
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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. 2012-3492
v.
RONALD SHIELDS
88 CHESTNUT GROVE RD
SHIPPENSBURG PA 17257
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
Please enter Judgment in Favor of Plaintiff and against Defendant, RONALD SHIELDS ,for failure to
answer the Complaint.
(X) Amount Due $1,428.08
Less Credits $.00
TOTAL $1,428.08
(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 thi r cipe was
mailed or delivered to the party against whom judgme to be entered and his/h r Attorney of
record, if any, after the default occurred and at leas en d ys prior to the da of th filing of this
praecipe and a copy of the notice is attached.
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
This communication is fi•o~m a debt collector is an attciilpt to collect a debt.
Any information obtained will. be used for that piu•pose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION -LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 Corporate Blvd
Norfolk, VA 23502
Plaintiff No. 2012-3492
v.
RONALD SHIELDS
88 CHESTNUT GROVE RD
SHIPPENSBURG PA 17257
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 $1,428.08, plus interest, on .
(X) A copy of all documents 61ed with the Prothonotary in support of the i
By' --
Ifyou have any questions regarding this Notice, please cgnta the cling party.
Date: ~ ~ ~ a
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
This comY~~unication is from a debt collector is an attempt to collect a debt.
Any izlforlnation obtained. will. be I.tsc,d f'or that I~talposc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION -LAW
PORTFOLIO RECOVERY ASSOCIATES,
LLC
120 Corporate Blvd .
Norfolk, VA 23502 No. 2012-3492
Plaintiff
v.
RONALD SHIELDS
88 CHESTNUT GROVE RD
SHII'PENSBURG PA 17257
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
88 CHESTNUT GROVE RD
SHIPPENSBURG PA 17257
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. n /1
Date: ~ ~/ Y `~ `,
Robert N. Polar, Jr., Esqu e, #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
11-75168
This commu.n~ication is a-debt collector arid. is an attempt to collect a debt.
Any informatior obtained will be used :for that purpose.
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Mary M: i3reevely-0ixon, D'xeclor
Department of Defeme -Manpower. Data Center
4800 Melts Comer DrWe, State 04625
2350
This communication is a debt collector and is an attempt to collect a debt.
A.ny information abtaineci c~ril.l he used for that pure{:>se.
This comma~trieation is a debt collector and is an attempt to collect a debt.
Any in.fornaation obtained r~~-il(be used for that purpc:~se.
PORTFOLIO RECOVERY ASSOCIATES, LLC
Litigation Department
120 Corporate Blvd Norfolk, VA 23502
Telephone: 1-$66-428-8102 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 13, 2012
RONALD SHIELDS
88 CHESTNUT GROVE RD
SHIPPENSBURG PA 17257
11-75168
RE: PORTFOLIO RECOVERY ASSOCIATES, LLC
VS. RONALD SHIELDS
2012-3492
Dear RONALD SHIELDS:
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
Carne 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.
Airy ixiformatio~a obtained will lie used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION -LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 Corporate Blvd .
Norfolk, VA 23502 .
Plaintiff No. 2012-3492
v.
RONALD SHIELDS
88 CHESTNUT GROVE RD
SHIPPENSBURG PA 17257 .
Defendant
TO: RONALD SHIELDS
88 CHESTNUT GROVE RD
SHIPPENSBURG PA 17257
DATE OF NOTICE: July 13, 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 C
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 .~ ~~
~~ ~~
~3~~-~~
Robert 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
"l'}u.s communication is from. a debt collector is an attempt to collect a debt.
Any in.fonnation obtained will be used for that purpose.