HomeMy WebLinkAbout13-1630 Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055 i' 31
F i H_
Mark R. Garvey, Esquire PA Bar # 312686
Portfolio Recovery Associates, LLC 2!3 3
120 Corporate Blvd
Norfolk, VA 23502 9 . }
'''9� ERt. ANO C 3UNT
TELE: 1- 866 - 428 -8102 �� y, ',�1 ,1,L'r AI
FAX: (757) 518 -0860
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD
NORFOLK, VA 23502 No. l I (J!J r
Plaintiff,
V.
DELPHINE COOK
4606 BRIAN RD
MECHANICSBURG PA 17050
Defendant.
NOTICE
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, and 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
12 -82301
(800) 692 -7375 rl Q C
This communication is from a debt collector and is an attempt to collect a debt. �� c
Any information obtained will be used for that purpose.
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055
Mark R. Garvey, Esquire PA Bar # 312686
Portfolio Recovery Associates, LLC
120 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
120 CORPORATE BLVD
NORFOLK, VA 23502
Demandante, No.
V.
DELPHINE COOK
4606 BRIAN RD
MECHANICSBURG PA 17050
Demandado.
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 esta 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 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
12 -82301
Esta co unicacion es de un cobrador de deudas v es un intent do cobrar una deiuda.
Cualquier infromacion sera uitil.izada Para ese proposito.
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055
Mark R. Garvey, Esquire PA Bar # 312686
Portfolio Recovery Associates, LLC
120 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
120 CORPORATE BLVD
NORFOLK, VA 23502
Plaintiff, No.
V.
DELPHINE COOK
4606 BRIAN RD
MECHANICSBURG PA 17050
Defendant.
COMPLAINT
1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with
offices located at 120 Corporate Blvd, Norfolk, VA 23502.
2. Defendant, DELPHINE COOK, is an adult individual with last known address of 4606 BRIAN
RD, MECHANICSBURG PA 17050.
3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / JC PENNEY on
July 29, 1996 with account number * * * * * * * * * ** *4125 (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 from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
6. Defendant was provided with copies of the Statements of Account showing all debits and credits
for transactions on the aforementioned Account to which there was no bonafide objection by
Defendant.
7. Defendant was in default with respect to that debt for failure to make the required payments on the
Account. The last payment made on this Account was on August 22, 2011.
8. Plaintiff is the purchaser, assignee and/or successor in interest GE CAPITAL RETAIL BANK / JC
PENNEY and Plaintiff is now the holder of the Account. A true and correct copy of the Plaintiffs
verification 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
$2,368.73.
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 J nt in favor of
Plaintiff and against Defendant, DELPHINE COOK, in the t of $2,3 . 7 13 pl costs of this
action and any other relief as the Court deems just and reas ab e.
Carrie A. Brown, Esquire, # 94055
Robert N. Polas, Jr., Esquire, # 201259
Mark R. Garvey, Esquire, # 312686
Attorneys for Plaintiff
12 -82301
This communication is from a debt collector and is an attcn to collect a debt.
Any information obtained will be used for that purpose.
VERIFICATION
Thhe undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
I 4lLW S jctates 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: 11 /1R 11 7ni3 BY lJt- 2L,
T�
Itina S
Custodian of Records
12 -82301
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
XHIBIT 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
120 Corporate Blvd
Norfolk, VA 23502
Telephone: 1- 866- 428 -8102
Fax: (757) 518 -0860
Statement of Account
Account: * * * * * * * * * ** *4125
DELPHINE COOK
Account Holder:
DELPHINE COOK
4606 BRIAN RD
MECHANICSBURG PA 17050
Consumer Account Product Code: PVT
Issuer: GE CAPITAL RETAIL BANK / JC PENNEY
Assignee: Portfolio Recovery Associates, LLC
Account Number: * * * * * * * * * ** *4125
Date Account Opened: July 29, 1996
Date of Last Payment: August 22, 2011
Date of Charge Off: September 28, 2011
Balance at Purchase: $2,368.73
Purchase Date: June 27, 2012
Balance at Charge -Off: $2,368.73
Less Payments: $.00
Balance Due: $2,368.73
12 -82301
GECP 18
This communication is from a debt 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.
It'ina Spellman
I, the undersigned, , Custodian of Records, for Portfolio Recovery Associates, LLC hereby
depose, affirm and state as follows:
1. 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, 120 Corporate Blvd, Norfolk, VA 23502. 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 CAPITAL
RETAIL BANK / 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 June 27, 2012. 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 DELPHINE COOK ( "Debtor ") to
the Account Seller the sum of $2,368.73 with the respect to account number ending in * * * * * * * * * ** *4125, as of
September 28, 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 $2,368.73 as due and owing as of the date
of this affidavit.
6. Plaintiff believes that the defendant is not a minor or an incompetent individual, and declares that the Defendant
is not on active military service of the United States.
Portfolio covery Associates, LL
Aw
If= Spa
By: , Custodian of Records
S scribed and sworn to before me on of , 2013
Notary blic
12 -82301 Tavana C. Uzzle
NOTARY PUBLIC
Commonwealth of Virginia
Reg. # 3 res ]a
ffm My Commission Expires lan. 31, 2017
This cone nunicatio.n is from a debt collcctcar and is an attempt to collect a debt,
Any information obtained will be used for that purpose.
GESP17
GECP18
GECP19
EXHIBIT A
BILL of SALE
For value received and in further consideration of the mutual covenants and
conditions set forth in the Receivables Purchase Agreement (the "Agreement"), dated as June
Q0, 012, by and between General Electric Capital Corporation, GE Capital Retail Bank,
GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C. and GEM
Holding, L.L.C. (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 File (as defined in the Agreement), delivered
by Seller to Buyer prior to such Purchase Date, and as further described in the Agreement.
GE Capital Retail Bank
By.
Title: Glenn Marino- Executive Vice President
General Electric Capital Corporation
Title: Glenn Marino -Vice President
GEMB Lending, Inc,
By:
Title:
Monogram Credit Services, L.L.C.,
By:
Title: Glenn Marino - President
28
EXHIBIT A
BILL of SALE
For value received and in further consideration of the mutual covenants and
conditions set forth in the Receivables Purchase Agreement (the "Agreement "), dated as June
2Q, N jj by and between General Electric Capital Corporation, GE Capital Retail Bank,
GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C. and GEM
Holding, L.L.C. (collectively "Seller ") and Portfolio Recovery Associates, LLC ( "Buyer "),
Seller hereby transfers, sells, conveys, grunts, 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 File (as defined in the Agreement), delivered
by Seller to Buyer prior to such Purchase Date, and as further described in the Agreement.
GE Capital Retail Bank
By:
Title:
General Electric Capital Corporation
By:
Title:
GEMB Lending, Inc.
By: c V
Title: h,, R—, v r—
Monogram Credit Services, L.L.C.,
By:
Title:
28
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Ski: k'���A'�.i �u'�� :u x� '!.=: 75�." S`.' 7CQl+ ik1 .:✓.i��� l..�� . ;. 1! FSh' r' e�gr ..]�F2�3 �n �a..:; .b:� iBi
RF W Iding, L.L.C.
By:
Title: Vishal Gulati -CFO
G M olding, L.L.C.
By:
Title: Vishal Gulati -CFO
29
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff ���i�t�
Jody S Smith x I n
Chief Deputy
-:> Cr; .) '
Richard W Stewart
Solicitor -0 -
C-" -
�_ ry
Portfolio Recovery Associates, LLC Case Number
vs.
2013-1630
Delphine Cook
SHERIFF'S RETURN OF SERVICE
04/02/2013 06:33 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint&
Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Delphine Cook at 4606 Brian Road, Hampden Township, Mechanicsburg,PA 17050.
an,
SON KINSLER, DEPUTY
SHERIFF COST: $38.00 SO ANSWERS,
April 03, 2013 ROWY R ANDERSON, SHERIFF
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. 13-1630 CIVIL
v. •
DELPHINE COOK •
4606 BRIAN RD _'
MECHANICSBURG PA 17050 • PRAECIPE FOR DEFAULT { - .
JUDGMENT ,•
LAVERNON J COOK ,
BADAD • cr% 3
Defendants • < v .
.
•
•
•
•
G� >
Filed on Behalf of Plaintiff
Counsel of record f is rty
�t I 3
Date:
Rob N. Polas, Jr., Esquire,#201259r—
Carrie A. Brown,Esquire,#94055
Mark R. Garvey, Esquire,# 312686
Portfolio Recovery Associates,LLC
120 Corporate Blvd
Norfolk,VA 23502
(T) 1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
12-82301
60A 4 Ito.SO pd a
a te_At 27 2?81
c1)4)( 6)
This communication is from a debt collector is an attempt to collect a debt,
Any information obtained will be used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION -LAW
PORTFOLIO RECOVERY ASSOCIATES,LLC
120 CORPORATE BLVD •
NORFOLK,VA 23502
Plaintiff • No. 13-1630 CIVIL
v.
DELPHINE COOK
4606 BRIAN RD •
MECHANICSBURG PA 17050 •
LAVERNONJCOOK
BADAD
Defendants •
•
•
PRAECIPE FOR DEFAULT JUDGMENT
Please enter Judgment in Favor of Plaintiff and against Defendants,DELPHINE COOK and LAVERNON J
COOK, for failure to answer the Complaint.
(X) Amount Due $2,368.73
Less Credits $.00
TOTAL $2,368.73
(X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the
complaint and is calculable as a sum certain from the complaint.
(X) Pursuant to PA.R.C.P.237 (Notice for Final Judgment or Decree),I certify that a copy of this
praecipe has been mailed to each other party who appeared in the action or to his/her Attorney of
Record.
(X) Pursuant to Pa.R.C.P.231.1,I certify that a written notice of intention to file this praecipe was
mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of
record,if any, after the default occurred and at least ten days pr.. to t a date of the filing of this
praecipe and a copy of the notice is attached.
Robert N. Polas, Jr., Esquire,#201259 -
Carrie A. Brown,Esquire,#94055
Mark R. Garvey,Esquire,# 312686
Portfolio Recovery Associates,LLC
120 Corporate Blvd
Norfolk, VA 23502
(T) 1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
12-82301
This communication is from a debt collector is an attempt to collect a debt.
Any information obtained will be used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA
CIVIL ACTION-LAW
PORTFOLIO RECOVERY ASSOCIATES,LLC
120 CORPORATE BLVD .
NORFOLK,VA 23502 .
Plaintiff : No. 13-1630 CIVIL
v. :
DELPHINE COOK .
4606 BRIAN RD .
MECHANICSBURG PA 17050 .
LAVERNON J COOK :
BADAD .
Defendants .
•
•
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$2,368.73,plus interest,on__1141443
(X)A copy of all documents filed with the Prothonotary in support o t with' ju m il' is/are attar i'^
By: : act " -- ---------
If you have any questions regarding this Notice,please c• t the filin: •
Robert N. Polas, Jr., Esquire,#201259
Carrie A. Brown,Esquire,#94055
Mark R. Garvey,Esquire,#312686
Portfolio Recovery Associates,LLC
120 Corporate Blvd
Norfolk,VA 23502
(T) 1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
12-82301
This communication is from a debt collector is an attempt to collect a debt.
Any information obtained will be used for that purpose.
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)
April 23,2013
DELPHINE COOK
4606 BRIAN RD
MECHANICSBURG PA 17050
RE: Portfolio Recovery Associates,LLC
VS.DELPHINE COOK
13-1630 CIVIL
Dear DELPHINE COOK:
Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania
Rules of Civil Procedure.
Sincerely,
�r-
Robert N. Polas,Jr., Esquire
Carrie A.Brown,Esquire
Mark R. Garvey,Esquire
Attorney ID#201259/94055/312686
Portfolio Recovery Associates,LLC
120 Corporate Blvd
Norfolk,VA 23502
Attorneys for Plaintiff
12-82301
z
This communication is from a debt collector is an attempt to collect a debt.
Any information obtained will be used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA
CIVIL ACTION-.LAW
PORTFOLIO RECOVERY ASSOCIATES,LLC •
120 Corporate Blvd •
Norfolk,VA 23502
Plaintiff • No. 13-1630 CIVIL
v. •
DELPHINE COOK •
4606 BRIAN RD •
MECHANICSBURG PA 17050 •
Defendant •
TO: DELPHINE COOK
4606 BRIAN RD
MECHANICSBURG PA 17050
DATE OF NOTICE:April 23,2013
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR-PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service-CUMBERLAND County Bar Association
Court Administrator
32 South Bedford Street
Carlisle,PA 17013
(717)249-3166
Pennsylvania Lawyer Referral Service
(800)692-7375
►� P& ,r
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
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. 13-1630 CIVIL
v.
•
•
DELPHINE COOK
4606 BRIAN RD
MECHANICSBURG PA 17050
•
•
LAVERNONJCOOK
BADAD
•
Defendants
•
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 Defendants, are over 21 years of age; are last known
to reside at
DELPHINE COOK
4606 BRIAN RD
MECHANICSBURG PA 17050
LAVERNON J COOK
BADAD
and are 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.
Ro ert N. Polas, Jr., Esquire,#201259
Carrie A. Brown,Esquire, #94055
Mark R. Garvey, Esquire,#312686
Portfolio Recovery Associates,LLC
120 Corporate Blvd
Norfolk,VA 23502
(T)(866)428-8102
(F) (757) 518-0860
12-82301 Attorneys for Plaintiff
This communication is a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
Results as of:Sep-27-2013 06:54:47
SCRA 3.0
i r Status t
R. or Pursuant to Service-ntembers Civil Relief Act
•
Last Name: COOK
First Name: DELPHINE
Middle Name:
Active Duty Status As Of: Sep-27-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Data Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Maui,
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
12-82301
The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility
Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as
the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the
individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family
member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the
protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil"URL:http://www.defenselink.millfaq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c).
This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve
Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1).
Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: W401IO2COOEBM60