Loading...
HomeMy WebLinkAbout12-4102Robert 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 Attorneys for Plaintiff 2012 JUN 29 PM 1: 14 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. JOSE MARI 512 W MAIN ST WALNUT BOTTOM PA 17266 Defendant NOTICE No. 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 / J This communication is from a debt collector and is an attempt to collect a debt. 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. JOSE MARI 512 W MAIN ST WALNUT BOTTOM PA 17266 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 SERV ICIOS LEGAL A PERSONAS ELGI13LE 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 1-1hi.s cunrimunication is ffil m. a d6t collector anti is an attempt to collect ',I Any inliornnation obtained % ill lie Lr?c l i()r dint pin-pose. 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. JOSE MARI 512 W MAIN ST WALNUT BOTTOM PA 17266 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 JOSE MARI, is an adult individual with last known address of 512 W MAIN ST, WALNUT BOTTOM PA 17266. 3. It is averred that Defendant was indebted to GE MONEY BANK F.S.B. / JC PENNEY on October 31, 2004 with account number ************2995 (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. 011117azzic.zti(III is froil a debt collector ill is an £zitezrzpt ttz ollec' <:z s.l l f, j,11y iziformation obttzil)ed %vill lie tl?;Cd 166 t:lzat 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. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on January 24, 2010. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK F.S.B. / JC PENNEY 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 $1,534.32. 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, JOSE MARI, in the amount of $1,534.32, plus costs of this action and any other relief as the Court deems just and reasonable. J Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 12-05480 This c;ort municatioii is from a debt collector°laid is W1 attempt to Collect f.I dJ)t. :\ny Mformation ohtaliie l will be tiscd 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 unworn falsification to authorities. Date : JUN 14 202 By: l/ Mary L. Moore Custodian of Records 12-05480 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: ************2995 JOSE MARI Account Holder: JOSE MARI 512 W MAIN ST WALNUT BOTTOM PA 17266 Consumer Account Product Code: PVT Issuer: GE MONEY BANK F.S.B. / JC PENNEY Assignee: Portfolio Recovery Associates, LLC Account Number: ************2995 Date Account Opened: October 31, 2004 Date of Last Payment: January 24, 2010 Date of Charge Off: September 7, 2010 Balance at Purchase: $1,534.32 Purchase Date: July 29, 2011 Balance at Charge-Off: $1,534.32 Less Payments: $.00 Balance Due: $1,534.32 12-05480 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 I.. 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. / JC PENNEY ("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 JOSE MARI ("Debtor") to the Account Seller the sum of $1,534.32 with the respect to account number (************2995), as of September 7, 2010 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $1,534.32 as due and owing as of the date of this affidavit. o folio Recovery Associates, LLC L. MOM Custodian of Records Sub bed and sworn to before me on Not ublic 12-05480 JUN 14 2012 of_ 1 2012 Jason Vita Commonwealth of Virginia Notary Public Commission No. 7509710 My Commission Expires 1/31/2015 lliis conw-itinication is 11-oni a debt collector and I's arl attcnipt to Collect a deN, ?y i tlol-1111ition obta'ne€1 Nvill be: used I'-)r tl?at pLJl'l1 'SC. 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:? -- Title: CFO Retailer Credit Serv'c?es Inc By: : , Title: President General Electric Capital Corporation By: Title: Vice President 92w I oft ?r GE Money Bank BILL of SALE PRA 120-.lay 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: IL Title: Vice President GECL9Z z.r; G&601TE all energy-saving draperies II february 7-18, 2010 /?? ® StUalaD Cindy a. CnrisModden. ANOaSA JCP ACCOUNT SH IPARY Account Number 1111IF99-5 Minimum Payment Due $60.00 Previous Balance $1,242.96 Payment Due Date 03/02110 (-) Payments & Credits $65.00 Credit Limit $1,400.00 (+? Charges $0.00 Available Credit $197.00 Billing Date 02/07/10 (+? FINANCE CHARGES (NET) $24.93 Days in Billing Period 31 New Balance $1,202.89 PAGE 01 OF 01 For account information CeIL 1-800527-0881 Write* P.O. BOX 981131 EL PASO. TX 79998-1131 Online, jcp. com TRANSACTION SUMMARY Tren Reference Numb. I Balance Type Item Descnpiion Charges ate 1'eGa?:yments i 1- -a 01-24 P911900D900YZVOGN PAYMENT - THANK YOU 65.00 FINANCE CHARGE COMP ANNUA B'TYPE E I I AVERAGE DAILY BALANCE PERIODIC RATE(S)% I C PERCENTAGE RATE(S) %L REGULAR E 1223.69 .06573 dally 23.99 d. Your Balance Computation Method Is indicated above. Sea reverse side for an explanation. ANNUAL PERCENTAGE RATE FOR THIS BILLING PERIOD 23.990% TOTAL PERIODIC FINANCE CHARGE 24.93 JCP REWARDS EARN $10 REWARDS MONTH AFTER MONTH SIGN UP FOR YOUR FREE MEMBERSHIP GO TO JCPREWARDS.COM JCPENNEY PRIVILEGE GOLD UPDATE. YOUR 2010 JCPENNEY PRIVILEGE GOLD CARD PURCHASES ARE $.00 S500 IN JCPENNEY CARD PURCHASES AND TWO VISITS FROM 1/1110-12131/10 RE-QUALIFIES YOU FOR JCPENNEY PRIVILEGE GOLD BENEFITS THROUGH DEC 31, 2011. Please note your mailed payment must be received by 5PM (ET) or your In-store payment must be received during store hours on the due date. Your payment may be convertsd into an electronic debit. See reverse for details. GET THE NEW WOMENS CATALOG. CHECK BOX, LOGON TO JCP.COM OR CALL 1-80C-222-6161 & ORDER TAO01-6048 (1604) g ca ct ncnru weal aanww twc enw wm? vnrw aavuwrr m rxaw Payawrt Due <'. MtMrppn 1*W :... _ A7ntiQ it 03t02/2010 $60A0 $1,202.89 1 951 TOTAL PMD $ E D 0 7 1 a EJ F] I- IN JOSE M MARI 512 W MAIN ST WALNUT BOTTOM PA 17266-9606 P.O. BOX 960090 ORLANDO, FL 32896.0090 543 0000 T9D 1 7 7 100207 Page 1 Of 1 9114 3400 M175 text CR10 get coupons sent to your phone, t°s ` quick. easy, paperless, may imkrde ads and alerts. standard text message fees from your carrier may apply XPenney Summary of Account Activity Payment Information Previous Balance $1,534.32 New Balance $0.00 - Other Credits $1,534.32 Minimum Payment This Period $557.00 New Balance $0.00 Amount Past Due $0.00 Total Minimum Payment Due $557.00 Credit Limit $1,329.00 Payment Due Date 09/0912010 Available Credit None Late Payment Warning: If we do not receive your minimum Statement Closing Date 0910 7/2 01 0 payment the date listed above, you may have to pay a late Days in Billing Cycle 28 fee up to $3 $35.00. JOSE M MARI Yrit us at jcp.com/credit Account Number: -9 51 Customer Service: 1-B00-527-3369 P.O. Box 981131 £I Paso TX 7999&1131 Tran Balance Date Reference Number Type Description of Transaction or Credit Amount 09107 F911900LAOD999990 R CHARGE OFF ACCOUNT-PRINCIPALS ($1,177.96) 09/07 F911900LAOD999990 R CHARGE OFF ACCOUNT `FINANCE CHARGES' ($356.36) FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED 09107 INTEREST CHARGE ON PURCHASES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2010 Totals Year-to-Date Total Fees Charged in 2010 $156.00 Total Interest Charged in 2010 $226.05 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance Expiration Percentage Subject To Interest Balance Type of Balance Date Rate Interest Rate Charged Method Current Transactions Regular NA 29.99% $0.00 $0.00 E (Continued on next page) PLEASE NOTE YOUR MAILED PAYMENT MUST BE RECEIVED BY 5 P.M. (ET) OR YOUR IN-STORE PAYMENT MUST BE RECEIVED DURING STORE HOURS ON THE DUE DATE. NOTICE: Your payment may be converted into an electronic debit. See reverse for details, Billing Rights Information and other important information. PLEASE DETACH AND RETURN THIS STUB WITH YOUR CHECK PAYABLE TO GEMS. -? Account Number: 51 Total Minimum Amount Past Due Payment New a ante -Payment Due Due Date -? $557.00 $0.00 09/09!2010 j $0.00 FILL IN TOTAL PAID $ ? ? ? ? ? a ? ? 111111111111111101111111 New address or email? Print changes on the back. JOSE M MARI 512WMAIN ST WALNUT BOTTOM PA 1728&9606 P.O. Box 960090 Orlando FL 32896-0090 5433 ASH 1 5 7 100907 Z X PAGE 1 0£ 3 4119 3400 MI'5 OIDJ5433 The JCPenney Rewards Gold I Platinum Credit Card Program"' The JCPenney Rewards Gold I Platinum Credit Card Program offers many special benefits exclusively for our JCPenney Rewards Gold / Platinum cardmembers, including Special Savings CergflcaU(s) and a Birthday Reward Certificate. Please visit jcp.corrdcredit to learn more about ftle JCPenney Rewards Gold i Platinum Credit Card Program Spend 5500 or more on merchandise or services with your JCPenney Rewards Credit Card over 2 or more unique shopping days in each calendar year to earn or maintain JClanney Rewards Gold status. Spend 51,000 or moreon merchandise or services with your JCPenney Rewards Credit Card over 2 or more unique shopping days in each calendar year to earn or maintain JCPenney Rewards Platinum status. We reserve the i ght to change or cancel the JCPenney Rewards Gold / Platinum Program or any orall of its benefits at any time without notice. If your account is hot in good standing and/oryou no longer meet our credit criteria, you may be ineligible for the JCPenney Rewards Gold I Platinum Program andlor unabletotakeadvardage of JCPenney Rewards Gold / Platinum Program promotions. The JCPenney Rewards Gold I Platinum Program is available only while you are a resident of the contiguous 481-Inited Slates, Puerto Rico and Alaska. Credits To YourAccount: An amount shown in parenthesis or preceded by a minus (-) sign is a creditorcredil balance unless otherwise indicated. Credits will be applied toyour previous balance immediately upon receipt, but will not satisfy any requirements that maybe due Bankruptcy Notice: 9 you file bankruptcy you must send us notice, including account number and all information related to the proceeding to the following address: GE Money Bank, Attn: Bankruptcy Dept., PO Box 103104, Roswell, GA 30076. Your Account is owned and serviced by GE Money Bank. Hewing Impaired: TDO users Gall 1.800-444-1732. CustomerServlcarQuesttons: For account information, please call the loll tee number on the front of this statement. Unless your name is listed on this statement, your access to information on the account may be limited. You may also mail questiors (foul not payments) to P.O. Box 981131, El Paso, TX 7999E-1131 Please include your account numberonanycorrespondenceyousend tous. Payments: Send paymerds to PO Box 960090, OrlandoFL 328176 0090orpay online. Notkw: See below favour Billing Rights and other important information. Telephoning about bilking errors oil not preserve your rights under federal law To preserve yourr la pease write to our Billing Inquiries Address: P.O.Box961403,EIPeso,TX79996.1403, Purchases, returns, and paymentsmadejustprlortobilling date maynitaprumfirrerdmonth'sstatement When you provides check as payment you authonzeusedhertousein rmationfromyourchecktomakeaone-time a adronicfund transfer from youraccauntortoprocessthepayment asacheck rom urcheckfomakeanelectronicfundtransfer,,WMsmaybewithdrawnfromyouraccount asso o n asthesame Ir f annsactbn.When weuseinformation t II t h k b y o u I paymen ec o u aa not ur your own envelope may i of the osed will ow ack GoBecbd etectrmkaasaffdina your paym pay ant b), n t ny ? a addressedto:P-O.Box Atlantar?99J5 the What To Dolt You Think You nad A Mistake On Your Statement remittance coupon, (e) is not recelved in the remittance envelope provided If you think tee is an error on your statement write to us at GE Money Bank P0. Box 981403, El Paso. TX 7§998-1403 Or, complete and matt or tax the Dispute Form found at or (f) Includes sitaples, paper clips, tape, a folded check, or correspondence of a type. Under ordinary circumstances any payments made al a JC nney store will be credited as of the d you www.jcp,comrcredh In your lefier, give us the following infomratfor • Accountirlormefion. Your name and account number makesuchapayment AttarretveyYOUmaymakeyourpaymant onfineat the webs8e address shown on your dlknq s7atemeM p ovided you make ur payment in U S- do8ars from a bank located in the U.S CondiG_onal e d • Dolfaramount: The dollar amount of the suspected error er communica8ors caroeming disput d amounis, ayments: All od • Descrdpfion of Problem: If you think there is an error on your bill, i i i chk orotherpaynuenl inslrumenllhat: ((i} indicates that the sic udingg - f itWt ` nt f ll i t d d t ll li f ti samistal . descnbewhatyoubelieveiswronggandwhyyoubelieve t s after the error a eared on You must contact us within 60 da our d es pavme m u or s en ere as u sa s ac ono a paymer or s tendered with other crxditio s or limitations uted amount dis y pp y p ; " statement. f l i iti Y ll b tfi Y l ti t tif 8ed or delivered to u s al PC Bar Disputed Payments must 1 TX7 14 t 0i El P angpo en nwr na. ount ca us, u ou mus y uso a errors no yyoou do we are nit required to irwesligate any potential errorsrsand you may aso leve Credit 17kpoAa aunt Account yothat we have di t i lro li d f En halpaylheuntmquesfion. Whilewaihgalewhetherornotthere hasbeenanerror thefollowing riaccura r ama nacorsumerreeppoo ngagency repo e e plea so contact Lis ofP.O.Box981,TX79998-1% Indoing so, aretrue: or re ort ou as We cannot tr to collect the amount in uestion please identity the inaccurate information and tell us you believe it is ortthat 0 whyesthe inaccurate If ou have a co of the credit re incorrect p y q , y delir?uenlonthat amount, i y py p . information, please includeaMotthat report Wemayrepodinformation b L d t t di • The charge in question may rema n on your statement, and we may continue to charge you interest on that amount. But, it wedetermine that i t k t th t i ti d ll t h ate ppaa/ymmerts, misse s, or about your accoun ureaus. paymen to cre t other defaultsonyouraccountmaybe refiededinyourcred rteport. B S b f T h d t Ch Cd hw n ques on or any we ma e a m s a a, you wi o pay e amoun no ave nferestorother fees related tothat amount alance u o r ems cu on Avera Balrra Inched current transactions : We fi A a Dall ure . • While you do not have to pay the amount in question ou are y ) g ( a he inter ch ?q on ur accent a l inr?g the e iodic rate to the , y responsible orihe remainder of your alance % pp y pi ! yo average deny beiarxz' of your aocou To gel the `avantgga daily balance' . . We can odvanyirnpedamouMa that youraedttlimd Y Rf hf lfVV A lN fl (hdWttbY C dtlC d P t fyairaccounteachday.wfichincWdesay wetalmlhebeoinnngb did ff h f th dtl d dd h lee our g s oou n ssa a our ia mc rasas ar If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the roblem with the merchant ou ma have the ri ht not to a robtra anynewc ixpa ereess c arges rom ep?vios ingcy e,a arges. and applicabe kes and su6trad any payments or credits. This gives us the cf is ailenoe Then, we addupo alltfiedaiybalancesbrthebiNngcycleand divide the trial bbyy the number f da s in the biim c cle This oes us the p , y y g p y the remaining amount dueon the purchase. y g y . g aveage daily balance;' whirl is lino ba once shown m ihB lmerest Charges To use this right, all of the following must be true: 1 The wrhome state orwithin 100 urchase m st have bow made in section of this statement A y average daily balance of less than zero will be treat as zero Ase araieavera edai balancew8becalculafedforeach p u g miles o your current mad rig address and the purchase price must have y p g balaricetypeon youraccount , been more than $50. (Note: Neither of these are necessary if your T . B. The same as Method A. except unpaid Interest Charges are not h purchase was based on an advertisement we mafied to you, or i we own thecom an thatsdd outhe oodsorservices ) included int e begins rig balance. The same asethodA t newPurchases arenotincluded inthe C exce y p y g . 2 You must have used your credit card for the purchase. Purchases . , p dadrybalance made with cash acivances from an ATM or with a choc k that accesses your D. The same as Method C, except unpaid Interest Charges are not credit card account do not quality included inthe begin?ningg balance. 3 You must not yet have fully paid for the purchase E. (Daly Balance NNhod) We fgure the merest charge on your a=rq If all of the criteria above are met and you are still dissatisfied with the h t f i itl l i l t l t t by aDpylr p the penodfo rate to t ie clad y balance' of your account for each lh i d th llh l h h i d T asecon us nwr n9(ora rar ca ryry a puc ac ec : PO Box 961403 GE Money EI Paso TX?999&1403 ayln n?cyc eWet i erestlo eda tybalance. oghtthe eb enaddt e daffy balance we talre the beginning ba once of your account each day , , (wvnvjcp com"red it) (which Includes unpaid interest) and app fable tees add arty newcha gas . While we investigate, the same rules appN o the disputed amount as di Au f i d b ch ti ll t ll , , , and subtract arty pa?mieGds or c edits. Tins gkas us the daffy balance A I d er we ou our scusse a ove. in our n-'ga on, we wi e decision.Atthatpoint. if we think you owe anamouniandyoudono?paywe maa re ot ouasdein uent dairy talarirz of less than ze o vnk be tmated as ze o. A separate i a balance wfl be cafouated for each Lalance type on ypur account The balance showri nthelnterestCha essecliono th s emed'sthesum yy y q p . lnTornmtion About Payments: You may pay more than the Total ( ) g g oflfredaitybalancsforeachdayinlhebitkngcycledwdedbythenumberof MMlmumlatanytlme.Mailedpaymerdsreceivedafter500PM (ET}onarry aywillbecreditedasofthenezldav.Cred'dloyourAG.counl f b d f d t d if t i i d [ h P daysinthebil8rgcycle. Balance Type on the face ofthsstatement refers tothefdknvingPayment h R C P may atTve ays paymen rece e e up o ve (s) ve a t e ayment Address, (b snot made in U.S. ddlars drawn on a U,S. financial institution h i t d U S i d b th itt l method :R - harge; M Major arge;C=Commercial. egular urchase C You can request to receive statements in Spanish by Galling customer i tl 600 542 0600 in ., (c) oca e e . s not accompan e y e rem ance coupon attached to your statement, II contains more than one payment or serv cenumbera - - . - 01 CJ5433 - 7 111022010 This is an attempt to collect a debt and any information obtained will be used lor that purpose. 'By providing a telephone number onyour accouht, you consent to GE Money Bank and any othe r owner or servicer of your account contacti ng you about your account including using any contact information or cell phone numbers you provide, and you consent to the use of any automatic telephone dialing system andlor an artificial or prerecorded voice when contacting you, even it you are charged for the call under your phone plan. For changes of address, phone number andlor email, please check the box and print the changes below. Name Street Address City State, 17 Zip Phone # E-mail Home Phone # Business Phone # "Cell If or other phone # we Email Address can use to contact you By providing your email address, you agree to receive email communications about your account and also give permission for us to share your email address to JCPenney so you can receive special offers and updates. The JCPenney ? Gift Card ? give them something to remember! . in stores, jcp.com & 1-800-222-6161 Terms and conditions are applied to Gift Cards/e-Gift Cards. Interest Charge Calculation (Continued) Annual Balance Expiration Percentage Sub*d To Interest Balance Type of Balance Date Rate Interest Rate Charged Method Transactions on or before 0412312010 Regular Purchases NA 29.99% $0.00 $0.00 E DECREE My Life. My World. My Decree. Discover what's new this season with Decree. 5433 A1H 1 5 7 10)907 Z X PAGE 2 of 3 9119 3400 M175 o1DJ5433 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Portfolio Recovery Associates, LLC VS. Jose Mari 44tt?wtp cal ?:i?»??f,?tdl? C,. - : ;F 2012 JUL -9 AM 8: 44 CUMBERLAND COUH Y PENNSYLVANIA Case Numb 2012-4102 SHERIFF'S RETURN OF SERVICE 07/02/2012 02:26 PM - William Cline, Corporal, who being duly sworn according to law, states that on July 2, 201 at 1426 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jose Mari, by making known unto Lucinda Mari, Wife of Defendant at 512 W. Main Street, Waln it Bottom, Cumberland County, Pennsylvania 17266 its contents and at the same ' e handing to her personally the said true and correct copy of the same. CLINE, SHERIFF COST: $42.00 July 05, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF .=i.+"~iC` ~` ~~.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; ~!~!;(,',~.; t Lt ~~'~ j~j: <• 4 CIVIL ACTION -LAW ,.,~ .~~~ ~g ~ pan 'OUNT'f PORTFOLIO RECOVERY ASSOCIATES, LLC ~ ~-~~~Y~ ~~ ~j~ 120 Corporate Blvd Norfolk, VA 23502 Plaintiff v. JOSE MARI 512 W MAIN ST WALNUT BOTTOM PA 17266 Defendant ___.~ Date: No. 12 4102 PRAECIPE FOR DEFAULT JUDGMENT Filed 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 Q,~{- el lo. SCY~ a e~. ~ any ~~~ ~.~a~ ~~ i.I~~is u~i~~u~~nzr~icatic3n is 1~rc>rrr a debt ~ c>Ilectc~~~ ~5 ~~n :~tierxrl3t tc~ L{~llect ~~ ci~;.ht. ( (.~t~~~ ,~rzy info~~r~~atiun oi~tai~~ed ti~-ill he t~,ed ti>r that ~~iarposc;. ~~~ 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 4102 v. JOSE MARI 512 W MAIN ST WALNUT BOTTOM PA 17266 Defendant PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant, JOSE MARI ,for failure to answer the Complaint. (X) Amount Due $1,534.32 Less Credits $.00 TOTAL $1,534.32 (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.23? (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 fi 's praecipe was mailed or delivered to the party against whom judg n is to be entere nd his/her Attorney of record, if any, after the default occurred and at le t ten ays prior to a da of the 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 L'~~~i~; Lx>i~~~t~~~~ar~icatic3r~ is frorrr ~~ ~lek}t ~a~llectt~t~ i5 ~~« ~~thntl~t tc~ ccsl'l~ct a ciel~t. ~Xa~ infc~t7aiatic~r~ t~btai~~td ~-ili he ~.~s,°~1 i~~~r th~~l ~~ur}~c~s~:. 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 4102 v. JOSE MARI 512 W MAIN ST WALNUT BOTTOM PA 17266 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 $1,534.32, plus interest, on . ~ (X) A copy of all documents filed with the Prothonotary in support of the w sy: If you have any questions regarding this Notice, please contact t lin party. 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 .l~ii~ ~~o~~~n~rta€~ic~~tion is l~roru zi debt ec>llectot~ is ~~il attempt to cE+lle~a <~ cl~~t. ~n~ iniori~~atio~t obtained will he ~~se+a for that }n~rpo~e. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIV[L ACTION -LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 No. 12 4102 Plaintiff v. JOSE MARI 512 W MAIN ST WALNUT BOTTOM PA 17266 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 512 W MAIN ST WALNUT BOTTOM PA 17266 and is not in the military service of the United States or its Allies, or otherwise within the pro 'ions of the Service Members Civil Relief Act and its Amendments. 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 12-05480 l~}~i~ ccsrr~riiur~ication is a cle;ht c-c>llect«r <~z~d i~ are ~~tte;rr~pt tt:~ collect ~ cEebt. :~ ~~v ~i~~i~orrnaticm obtained u ill be ~~secl lo~~ that pu~r-hose. e~,,~F;: ~~ ot: n„y-~ ~-2oi ~ os,~s:aa Department of Defense Manpower Data Center SGPiA 2.] ~tatt,L~ ~.~t@i't ~ursnt ~o ~er~r~~n~m Civic .eief ~.ct Last Dame: MART First Name: JOSE Middle Name: Active Duty Status As Of: Aug-13-2012_ _ ~, ~~uff ~ ~ Av~va o~„ s~,~ ~~te Aclrve OutX SEan Da?e .~.. _ ~ Adrve Duty 6rM Dafe .. _._ $taRis~~ ~,_ __ -...,~....,._Servlce ComPGn nt ~_.__._. NA NA 'ko NA .~ This respansa rae-oNSthe {ndivk7uals ac3rvo duty status based ~;v the Fu:tNO Duty StaWs bate , left Actwe Ftuty YT3Nn361 (}aye dt Active pittY $iadus Date Act ~ Ds~iy Burt Da;g - -- ActWrr Duty End Deie Status uerviCa Ct+m{k>oent _..._ -. _-_ __.... ...___ ______ ,._ .._.. _ .e,. ~__ _- _ _- _- ..... _....,., ___ ._.. K.A t NA Nu . __ NA This ~~sponsa mfleats wtlBre the "sndrvt~htai I~sft aUrva duty statui+ wtNKn 38'F 8ayy pra_cedinp me A~diuft DuDr Status Date The Mer+~Aer Ar k®sM@t Untt Was tlWdisd W a Future GalE33p to Acttve Duly ott Active ik~ty Status Date Ortter Nalific,~Goe Start Data 6i~NgitkBfio(t ErW Date Status ServkN CwnFwnent NA NA i Mu 41A 77*"ss response reRects whek#eer the individua6 ~ hiNher unit has rece(ved s~rA` rWyfapa60+f to report for acWte duri/ I Upon searching the data banks of the Department of Defense Manpower Data Center, based on the lnfonnafion that you provided, the above is the stet s of the individual on the acfive duty status date as to all branches of the Uniformed Services {Army, Navy, Marina Corps, Air Force, NOAA, Public Health, at~d Coast Guard). This stains Includes information an a Servicemember or his/her unit receiving natlficatlon of future orders to report for Active Duty. ~'" Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 480t) Mark Censer Drive, Suite t)4E25 Arlington, VA 2235p 12-054$0 The Defense Manpower Data Center {OMDC} is an organlzatian of the Department of pefense (DaD} iha# maintains the Defense Enrollment and Eligibility Report[ng System (DEERS) database which is the affreial source of data an 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 at seq, as amended} (SCRA} (formerly known ads the Soldiers' and Sailors' Civil Relief Act of 1940}. DMOC has issued hundreds of thousands of "does not possess any information indicating that the I individual is currently on active duty" responses, and has experienced only a smolt errpr rata. in the avant the individual referentetl above, or any famiiy~ 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 Uhe protections of the SCRA., you are strongly encouraged to obtain further verification of the person's status by contacting that person's Servile via the "defenselink.mil" URL: http:Jtwww.defenselink.mil/faglpts1PC09S~DR.htmf. If you have evidence the person was an active duty fiar ttte 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(x), i This response reflects the following irrformatian: {1}The individual's Active Duty status on the Active Duty Status Date (2} Whether the individual left Duty status within 387 days preceding the Active Duty Status Date (3} Whether the individual or hislfter unit received early notification to reparE for a duty on the active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accwdance with 10 USC § 101'(d} {1 }. Prior to 2010 only some of the active duty periods Ir than 30 consecutive days in length were. available. in the case ai a member of the National Guard, this includes service under a call tp active service authorized by the President. or the Secretary of Defense under 32 USG § 502{f} for purposes of resppnding to a national emergency declared by the President and supported by Federal funds, All Actve Guard Reserve {AGR}members must be assigned against an authorized mobilization position in unit they support. This includes Navy Training and Administration of the Reserves (TARS}, Marine Corps Active Reserve {ARs} and Coast Guard Rase Program Administrator (RDAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned offioer of the U.S. public Health Service or the National Oaeanit and Atmospher9c Administration (NOAH Commissioned Corps}. Coverage Under the SCRA i;~ 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 Active Duty under this certificate. SCRA protections are for Tile 10 and Title 14 active duty records for all the Uniformed Services peria 7iNe 32 periods of Active Duty are not covered by SCRA, as tlefined in actardance with 10 USC § 101(d}(1 }. Many #imes orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely an this website certification should check to make sure the orders on which SCRA protections era based have not been amended to extend the inclusive dates of servi Furthemwre, same protections of the SCRA may extend to persons who have received orders to report for active duty ar to be inducted, but who have actually begun active duty or actually repnrted fpr induction.. The Lask Date on Active Duty entry is irnpartant because a number of protections of the Si 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 SC'. are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information wilt cause an erroneous certificate to be provided. Certificate ID: 2Q1RP03OPJ PORTFOLIO RECOVERY ASSOGIATES, 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 JOSE MARI 512 W MAIN ST WALNUT BOTTOM PA 17266 12-05480 r RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. JOSE MARI 12 4102 I Dear JOSE MARI: Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, t 4 . _ = ,. r. ~ ~ ~ .. > -y. f 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 r+;r5: This ~:o~~~mt~nic~~i:ion is fru~~7 z~ t3el~t collector is a~~ :ittetnl?t to ~ollc~t ~1 ii~~~i. ;k~~ti~ inion~iatit.>n obtained will. 1~~:~ tGr~ca t+~r that ~~~rl~o•c. 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 4102 v. JOSE MARI 512 W MAIN ST WALNUT BOTTOM PA 17266 Defendant TO: JOSE MARI 512 W MAIN ST WALNUT BOTTOM PA 17266 DATE OF NOTICE: July 25, 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 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 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 OFFICI CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIlZE 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 a 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800)692-7375 Robe~l'~Polas, Jr., Esquire Carrie A. Brown, Esquire Attorney ID # 201259/94055 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff i~1L~ ~t~pllltii111C<tiilll l;+ fl(~[t1 Ft (jt~?t C{~~~iCh~H~ 71 ;iil~ll~l'd i(~ ~'~?11eti'l 1 iiC~~[ ~~[l'd 7Dft?1~Ti1:311t111 t~I)1.HiRf.'(~ t~l^I~ ~~~~. ~.. ,' #~'~~" I~IE![ ?111 jTt`S.a..