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HomeMy WebLinkAbout13-4800 Supreme Co Pennsylvania Cour f (nom n Pleas s� �, D7! lrt se my �\ ` 1 2? S_^ :� ,M 1 C l v.� et Cl'b+lcet •' \ \ " u, k \ \ CLIMB County.: �. .�.. The information collected on this form is used solely court administration purposes. This form does not supplement or replace the filing and service of pleadings or other a ers as required by law or rules of court. Commencement of Action: Complaint E3 Writ of Summons [I Petition Kh"M ❑Transfer from Another Jurisdiction E] Declaration of Taking w. Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC RICKY L SAMPSON �... Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits y' Check one outside arbitration limits Is this a Class Action Suit? ❑ Yes ®No Is this an MDJAppeal? ❑ Yes ®No , \ \ L\\A 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. ( ) ( gments) CIVIL APPEALS \\ TORT do not include Mass Tort CONTRACT do not include Jud ❑ Intentional E] Buyer Plaintiff Administrative Agencies \�� ! ❑ Malicious Prosecution E] Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections Nuisance ® Debt Collection: Other C3 ❑Dept. of Transportation ❑ Premises Liability — — ❑ Statutory Appeal: Other ❑ Product Liability (does not include mass tort) ❑ Employment Dispute: ❑ Slander /Libel /Defamation Discrimination ❑ Zoning Board ❑ Other: ❑ Employment Dispute: Other ❑ Other: E \�T � ' ❑ Other: - - - - -- - -- 0 MASS TORT ❑Asbestos ----------------- ❑Tobacco REAL PROPERTY MISCELLANEOUS ����,` ❑Toxic Tort - DES U p Ejectment ❑ Common Law /Statutory Arbitration ❑Toxic Tort - Implant ❑Toxic Waste E] Eminent Domain /Condemnation F] Declaratory Judgment ❑ Ground Rent ❑ Other: ❑Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ---------- - - - - -- ❑ Mortgage Foreclosure: Residential Restraining Order t � ------------ - - - - -- ❑Mortgage Foreclosure: Commercial [I Quo Warranto _\ \ � E] Partition E] Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑Other: � ❑Dental � \\ � Other: ------------------ Legal ❑ Medical -------- - - - - -- -- r �o ' ❑ Other Professional: lk �a 13 -53660 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686jf. Portfolio Recovery Associates, LLC Corporate Blvd Norfolk, VA 23502 � 13 r 2 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 No. l 3 � 91 8w (3 NORFOLK, VA 23502 Plaintiff, V. RICKY L SAMPSON 50 BONNYBROOK RD LOT 43B CARLISLE PA 17013 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 13 -53660 0 ^rk a� This communication is from a debt collector and is an attempt to collect a debt. L/24 a 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. RICKY L SAMPSON 50 BONNYBROOK RD LOT 43B CARLISLE PA 17013 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 13 -53660 [ sta coIn1,111icacion es de uu cobrador de deudas y es uti Hitent do cobrar una deuda. Cual.quier i_ffliotnacion 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. RICKY L SAMPSON 50 BONNYBROOK RD LOT 43B CARLISLE PA 17013 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, RICKY L SAMPSON, is an adult individual with last known address of 50 BONNYBROOK RD LOT 43B, CARLISLE PA 17013. 3. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / AMERITECH on March 14, 2007 with account number * * * * * * * * * ** *7296 (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 communicatio►i is from a debt collector and is an attempt to collect a debt. Any inforrnat:ion obtained will be used for that puipos€:. 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 April 17, 2010. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA, N.A. / AMERITECH 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 $1,367.36. 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, RICKY L SAMPSON, in the amount of $1,367.36, plus costs of this action and any other relief as the Court deems just and reasonable. I l ia 1 K , Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 13 -53660 This communication is from a debt collector and is an attern.pt to collect a debt. Any information obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, daShlWOn Walk dtereby 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: u u w n 209 By: Lecinda Sh(pmon -WaMr Custodian of Records 13 -53660 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. X IBIT 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: * * * * * * * * * ** *7296 RICKY L SAMPSON Account Holder: RICKY L SAMPSON 50 BONNYBROOK RD LOT 43B CARLISLE PA 17013 Consumer Account Product Code: MC Issuer: HSBC BANK NEVADA, N.A. / AMERITECH Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *7296 Date Account Opened: March 14, 2007 Date of Last Payment: April 17, 2010 Date of Charge Off: December 31, 2010 Balance at Purchase: $1,367.36 Purchase Date: June 24, 2011 Balance at Charge -Off: $1,367.36 Less Payments: $.00 Balance Due: $1,367.36 13 -53660 HSBL39 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. 1, the undersigned, Lind9Shipmon Wa" , 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 HSBC BANK NEVADA, N.A. / AMERITECH ( "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 24, 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 RICKY L SAMPSON ( "Debtor ") to the Account Seller the sum of $1,367.36 with the respect to account number ending in * * * * * * * * * ** *7296, as of December 31, 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 $1,367.36 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 Recove Associates, LLC By: Lec9 �Smon-Walker, Custodian of Records JUL 3 0 2013 Subscri d and swo b ore me on of , 2013 Kimberly R. Coles ota Public commonwealth of Virginia Notary Public ll Commisslon No.- 13 -53660 ^" My Commission Expires 03131/2014 This communication is fzom a debt collector and is an. attempt to collect a debt. Any information obtained will be used for 'that purpose. ASSIGNMENT AND BILL OF SALE HSBC Bank Nevada, N.A. and HSBC Bank USA, N.A., (hereinafter called "Seller") has entered into a Purchase and Sale Agreement as of May 16, 2011 ( "Agreement ") for the sale of Accounts and Account Documents described therein to Portfolio Recovery Associates, LLC, (hereinafter called `Purchaser"), upon the terms and conditions set forth in that Agreement. NOW THEREFORE, for good and valuable consideration, Seller hereby sells, assigns, and transfers to Purchaser, its successors and assigns, all of Seller's rights, title, and interest in each and every one of the Accounts described in the Agreement and in Exhibit A attached hereto. Purchaser and Seller agree that the Purchase Price shall be as stated in Paragraph 3 of the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 30 day of June 2011. HSBC Bank Nevada, N.A. HSBC Ba SA, N.A. Signed By: ` 1 �- By: David Nauman Title: Vice President NS8439 1 Z e ASSIGNMENT AND BILL OF SALE HSBC Receivables Acquisition Company I, HSBC Receivables Acquisition Corporation (USA) III, and HSBC Receivables Acquisition Corporation (USA) IV (hereinafter collectively called "Seller") has entered into a Purchase and Sale Agreement as of May 16, 2011 ( "Agreement ") for the sale of Secondary Charged Off Receivables described in Paragraph 1 thereof to Portfolio Recovery Associates, LLC, (hereinafter called "Purchaser"), upon the terms and conditions set forth in that Agreement. NOW THEREFORE, for good and valuable consideration, Seller hereby sells, assigns, and transfers to Purchaser, its successors and assigns, all of Seller's rights, title, and interest in each and every one of the Secondary Charged Off Receivables described in the Agreement and in Exhibit A attached hereto. Purchaser and Seller agree that the Purchase Price shall be as stated in Paragraph 3 of the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 30th day of June 2011. HSBC Receivables Acquisition Company I, HSBC Receivables Acquisition Corporation (USA) III, and HSBC Receivables Acquisition Corporati USA) IV Signed By: By: David Nauman Title: Vice President PS81W 2 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ::_i_-;-0,1 j i 'r Sheriff EiC ' 5'U far �Ii f �,atir �9�.arurs+a � �, f r Jody S Smith Chief Deputy op, 710l AUG 15 N-11 3: 41? Richard W Stewart "' 4 Solicitor 'CIJMBERLM@ G�HI'l`Y I)DINSYLVANIA Portfolio Recovery Associates, LLC Case Number vs. 2013-4800 Ricky L Sampson SHERIFF'S RETURN OF SERVICE 08/13/2013 08:36 PM- Deputy Ryan Burgett, 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: Ricky L Sampson at 50 Bonnybrook Road, Lot 43B, South Middleton, Carlisle, PA 17013. RYAN BURGETT, DEPUT SHERIFF COST: $34.78 SO ANSWERS, August 14, 2013 RbNW R ANDERSON, SHERIFF (c)Coun ySU;e Sheriff.Toleosofi.L^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. 13-4800-CIVIL v. RICKY L SAMPSON c) �? 50 BONNYBROOK RD LOT 43B , CARLISLE PA 17013 PRAECIPE FOR DEFAULT rnco r Defendant JUDGMENT t 7.00 CD• • -T1 • • •• 5r --4 N — Filed on Behalf of Plaintiff Counsel of record for this Party Date: '4 1 3 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 13-53660 otlkill 5 I li.SOPdedi CLt/ y / This communication is from a debt collector is an attempt to collect a debt.] J D�CZc /�,� /d Any information obtained will be used for that purpose. V / �� 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. 13-4800-CIVIL v. • RICKY L SAMPSON 50 BONNYBROOK RD LOT 43B • CARLISLE PA 17013 Defendant • PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant,RICKY L SAMPSON ,for failure to answer the Complaint. (X) Amount Due $1,367.36 Less Credits $.00 TOTAL $1,367.36 (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 rior to the date of the filing of this praecipe and a copy of the notice is attached. /( .0 Robert .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 13-53660 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. 13-4800-CIVIL v. RICKY L SAMPSON 50 BONNYBROOK RD LOT 43B CARLISLE PA 17013 Defendant • NOTICE OF JUDGMENT (X)Notice is hereby given that a judgmeig in he above-captioned 7 g er has b enterdd gainst you the amount of$1,367.36,on 'OICI 13 « X A copy of all documents filed with the Prothonotary in 1,N is s .� ( ) py ry t,,.., tifit • uNiorticiit is/are attached. By: If you have any questions regarding this Notice,please contact the fili.:p.rty. 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 13-53660 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) September 5, 2013 RICKY L SAMPSON 50 BONNYBROOK RD LOT 43B CARLISLE PA 17013 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. RICKY L SAMPSON 13-4800-CIVIL Dear RICKY L SAMPSON: Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, ''� , 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 13-53660 This communication is from a debt collector and 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. 13-4800-CIVIL v. • RICKY L SAMPSON • 50 BONNYBROOK RD LOT 43B • CARLISLE PA 17013 • Defendant TO: RICKY L SAMPSON 50 BONNYBROOK RD LOT 43B CARLISLE PA 17013 DATE OF NOTICE: September 5, 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 C . ' Tr 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 13-53660 Attorneys for Plaintiff This communication is from a debt collector and 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. 13-4800-CIVIL v. • • RICKY L SAMPSON 50 BONNYBROOK RD LOT 43B •• , • CARLISLE PA 17013 • 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 50 BONNYBROOK RD LOT 43B CARLISLE PA 17013 and is not in the military service of the United States or its Allies, or otherwise within the provisions of the Service Members Civil Relief Act and its Amendments. 74-, or 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)(866)428-8102 (F) (757) 518-0860 13-53660 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-16-2013 04:04:03 SCRA 3.0 ►f , .}s Status Report Pursuant to Servicemnembers Civil Relief Act Last Name: SAMPSON First Name: RICKY L Middle Name: Active Duty Status As Of: Sep-16-2013 On Active Duty On Active Duty Status Date Ave Duty Start Date Active Duty End Date Status Service Component NA NA c_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 - 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 Date Status Service Component NA NA No NA This response reflects Whether the individual'.or.hislher unit has received earty nhficetion 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. 41(21. A. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 13-53660 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: F4JA54C9907AS70