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HomeMy WebLinkAbout13-3879 Supre ,me C, A L. Tennsylvania Cour f Cm n Pleas et Pr® '�� . n t l 1 91` , A 1,111 Ci ye CLIMB . 'County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of leadin s or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC DAVID REED Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits (Check one) outside arbitration limits Is this a Class Action Suit? []Yes ®No Is this an MDJAppeal? ❑ Yes ®No Name of Plaintiff /Appellant's Attorney: Robert N. Polas, Jr./ Carrie Brown/ Mark R. Garvey ❑ Check here if you have no attorney (are a Self- Represented (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections ❑ Nuisance ® Debt Collection: Other ❑ Dept. of Transportation i ❑ Premises Liability —_ \' — _ [3 Statutory Appeal: Other ❑ Product Liability (does not include — _ — mass tort) ❑ Employment Dispute: - -- _ --- ❑ Slander /Libel /Defamation Discrimination ❑ Zoning Board ❑ Other: ❑ Employment Dispute: Other ❑ Other: a ❑ Other: MASS TORT -- --- - - - -_— ` '; ❑ Asbestos F Tobacco ❑ Toxic Tort -DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Other: E] Ground Rent ❑Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations – -- - - - - -- ❑ Mortgage Foreclosure: Residential Restraining Order – - - - -- ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal - -- --- - - - - -- – -- - - -- ❑ Medical — - - -_ —_— ❑ Other Professional: 13 -58067 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 f= I(. E D Portfolio Recovery Associates, LLC �H f-WO G j F f 0 T� � � 120 Corporate Blvd Norfolk, VA 23502 � ' 'UL -8 AM 10. 1 TELE: 1- 866 - 428 -8102 C ""'BERLA��� FAX: (757) 518 -0860 PENNS 1 COUN 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. (V� Plaintiff, V. DAVID REED 824 ALLENVIEW DR MECHANICSBURG PA 17055 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 (800) 692 -7375 13 -58067 /► IL ��/���/ P-+O"O( 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 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. DAVID REED 824 ALLENVIEW DR MECHANICSBURG PA 17055 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 13 -58067 Esta comunicaciota es de tui cobrador de deudas y es uti intent do cobrar una deuda. Cualquier infromacion. sera utilizada 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. DAVID REED 824 ALLENVIEW DR MECHANICSBURG PA 17055 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, DAVID REED, is an adult individual with last known address of 824 ALLENVIEW DR, MECHANICSBURG PA 17055. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / WAL -MART on September 13, 2010 with account number * * * * * * * * * * * * 1150 (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 co min wiication 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 May 9, 2011. 8. Plaintiff is the purchaser, assignee and/or'successor in interest GE CAPITAL RETAIL BANK / WAL -MART 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 $893.88. 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, DAVID REED, in the amount of $893.88, plus costs of this action and any other relief as the Court deems just and reasonable. Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 13 -58067 This cominunicati.on is from a debt collector and is an attempt to collect a debt. Any infoiYnation obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, lecinda Shipmon- Walker 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: By. Lednda Shipmon - Walker Custodian of Records 13 -58067 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: * * * * * * * * * ** *1150 DAVID REED Account Holder: DAVID REED 824 ALLENVIEW DR MECHANICSBURG PA 17055 Consumer Account Product Code: PVT Issuer: GE CAPITAL RETAIL BANK / WAL -MART Assignee: Portfolio Recovery Associates, LLC Account Number: ************1150 Date Account Opened: September 13, 2010 Date of Last Payment: May 9, 2011 Date of Charge Off: December 14, 2011 Balance at Purchase: $893.88 Purchase Date: January 31, 2012 Balance at Charge -Off: $893.88 Less Payments: $.00 Balance Due: $893.88 13 -58067 GECN51 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. I, the undersigned, Leeinda Shipmon- Wacker 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. 1 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. 1 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 / WAL -MART ( "Account Seller "), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on January 31, 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 DAVID REED ( "Debtor ") to the Account Seller the sum of $893.88 with the respect to account number ending in * * * * * * * * * * ** 1150, as of December 14, 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 $893.88 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 Recovery Associates, LLC By: � of Records ,1 Q4 Dionne Juanita Gardner , �.h• Commonwealth of Virginia Su ribed and sworn to before me on / of , 2013 No Public Commlealon No. 7515874 My Commission Expires 8/31/2016 Notary Public 13 -58067 This commun cation is from a debt collector and is an attempt to collect a dent. Any infiormation obtained will be used for that purpose. 330 GE MONEY 8 p.m. 01 -30 -2012 3112 aatzzsi ' ' GL Money Bank BILL of SALE Pm-Fresh -- xamuory 2012 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 as of the 2& day of December, 2011, 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.0 (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 each Transfer Date, and as further descnlxd in the Agreement. GE Capital Retail Bank By: Title: General Electric Capital Corporation By. - Title: GElv1B Lending, Inc. By: rid Monogram Credit Services, L.L.C. By: Title: �1l F 01131/2012 16:39 678570 GLMAL SOLUTIW* PAGE 15/15 CE Money MBank BI1rLL ofSALE PRA Freah dannary 2t1L2 For value zeceived and in furtber conWdendon of the mutual aovenents and conditions set forth to the Flow Reaelvabim Pmvhase Agm=cnt (the 'Agmemeht"), dated as of the 20' day of December, 2011 by axed between General Electric Capital Corporation, GE Capital Befall -Bod, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and OEM Hol&mg, )ti,.L.0 (collectively - Selltn and Portfolio Recovery Associates, LLC. C Buyeej, Seller hemby tvmfets, j sills, oonveys, grams, and delivers to Buyer, its successors and assips, without recourse except as set forth in the Agm ment, to the extent of its ownership, the Receivables as set tNa in the Notification Files (as dofined in the Agmemen% delivered by Salter to Buyer on each Tmafer Date, and as rartber described in the Agmemmt t OR Capital Retail Bank Title: -- General Eleat io Capital Corporation By: ....... . Title: GEMS Letedtng, Inc. By: - T"1tic: v` Monogram Credit SerAca, L.L.C. Title: s �- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r ED-D+;Ei tm. Sheriff is C' THE PR©4 HON1tJ fi;fz f Jody S Smith Chief Deputy Q J«L I Q t Richard W Stewart Solicitor s -; , w l CUMBERLAND COUNTY PENNSYLVANIA Portfolio Recovery Associates, LLC Case Number vs. 2013-3879 David Reed SHERIFF'S RETURN OF SERVICE 07/12/2013 07:46 PM -Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Complaint&Notice by handing a true copy to a person representing themselves to be Jennifer Reed, wife of defendant,who accepted as"Adult Person in Charge"for David Reed at 824 Allenview Drive, Upper Allen, Mechanicsburg, PA 17055. n� Y � AMANDA COBAUGH, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, 2'"'�-- July 15, 2013 RONW R ANDERSON, SHERIFF (c)CcuntySuite Sheriff,Teleosoft.Inc. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW PORTFOLIO RECOVERY ASSOCIATES,LLC : 120 CORPORATE BLVD . NORFOLK, VA 23502 • Plaintiff : No. 13 3879 CIVIL V. . DAVID REED • . <-) r--., C--4 824 ALLEN VIEW DR • . MECHANICSBURG PA 17055 : PRAECIPE FOR DEFAULTE=S 171 M in-= Defendant : JUDGMENT 7c) --o --y HI r\.) (:.:1 ' • • :Jr c)..1 , —(-- C"7.5 C-7•;-.- , 1.t:i C-.) r•.. -< cfl Filed on Behalf of Plaintiff Cou, :1 of record for ' arty Date: SEP 1 7 2013 L) R6 Deft 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 13-58067 Ct4A * Ai.,g4,k.kAk ....) ey_A-I gs)s R() ?_-4-Qcisai-lci ‘\\` This communication is from a debt collector is an attempt to collect a °dcbt. (1 Aloi.leci 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 3879 CIVIL v. • DAVID REED • 824 ALLENVIEW DR • MECHANICSBURG PA 17055 Defendant • • PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant,DAVID REED , for failure to answer the Complaint. (X) Amount Due $893.88 Less Credits $.00 TOTAL $893.88 (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.23 L 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 leas n days prior to the e of the filing of this praecipe and a copy of the notice is attached. Rob rt N. Polas, Jr., Es uire,#20125{ 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 13-58067 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 3879 CIVIL v. . DAVID REED : 824 ALLENVIEW DR : MECHANICSBURG PA 17055 : 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$893.88,plus interest, on . 4 (X)A copy of all documents filed with the Prothonotary in support of eiwithin d e are attach If you have any questions regarding this Notice,please co, . he filing p rty. Rob=rt 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 13-58067 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) August 8,2013 DAVID REED 824 ALLENVIEW DR MECHANICSBURG PA 17055 RE: Portfolio Recovery Associates, LLC VS. DAVID REED 13 3879 CIVIL ' Dear DAVID REED: Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, L.) R . c 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 13-58067 ti 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 3879 CIVIL v. • • DAVID REED • 824 ALLENVIEW DR • MECHANICSBURG PA 17055 • Defendant TO: DAVID REED 824 ALLENVIEW DR MECHANICSBURG PA 17055 DATE OF NOTICE: August 8, 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.HIR]NG 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 • Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)249-3166 Pv:9,„P__CV7--) 14_.) P 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 • This conunmucation 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 3879 CIVIL v. . • DAVID REED . 824 ALLENVIEW DR . • MECHANICSBURG PA 17055 . 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 824 ALLENVIEW DR MECHANICSBURG PA 17055 and is not in the military service of the United States or its Allies, or otherwise within the provisions of ,d, the Service Members Civil Relief Act and its Amendments. OP Rsbert 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 13-58067 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:Aug-20-2013 02:58:35 SCRA 3.0 Staff Report Pursuant to Servicemernbers Civil Relief Act Last Name: REED First Name: DAVID Middle Name: Active Duty Status As Of: Aug-20-2013 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 Data 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 Date 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. )ihrtAfjp, � s Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 13-58067 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.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/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: 44P80673A052ED0