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Home My WebLink About13-4885 Supreme C Pennsylvania Cow f om ` n Pleas CI '` v£ eet �+tk0 ti Unl i 1 I: '1 4 P �'` CUMB County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the fling and service of pleadings or other papers as required by law or rules of court. a Commencement of Action: Complaint Writ of Summons ® p ❑ ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: a PORTFOLIO RECOVERY ASSOCIATES, LLC ADIN S KENES 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 a n ❑ 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. F 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 11 Debt Collection: Credit Card El Board of Elections F1 Nuisance ® Debt Collection: Other ❑ Dept. of Transportation ❑ Premises Liability _ —_ - -_— ❑ Statutory Appeal: Other ❑ Product Liability (does not include ---------------- mass tort) ❑ Employment Dispute: ___ � ❑ Slander /Libel/Defamation Discrimination E] Zoning Board ❑ Other: ❑ Employment Dispute: Other ❑ Other: ❑ Other: MASS TORT 0, M KK 1 Q' ❑ Asbestos ❑ Tobacco �y REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration F Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Other: E] Ground Rent E] Mandamus \\ ❑Landlord /Tenant Dispute E] Non-Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order \ ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto \ ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY Li Quiet Title E] Other: ❑ Dental ❑ Other: ❑ Legal --------- - - - - -- ❑ Medical ❑ Other Professional: 13 -51479 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 No. '? _ NORFOLK, VA 23502 J Plaintiff, / r C-- ; V. ADIN S KENES ► ` =� C"" 104 E MARBLE ST _ - 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 Cumberland County Bar Association 32 South Bedford Street �li� Carlisle, PA 17013 O 3 • P (717) 249 -3166 ^ 3 13 -51479 C. [' Ll �•Zgs7 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. ADIN S KENES 104 E MARBLE ST 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 13 -51479 Esta emnunicacion es de un cobrador de deudas v es Lin Intent do cobrar urea deuda. CCual.quier infTomacio.n sera ut.ilazada 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. ADIN S KENES 104 E MARBLE ST 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, ADIN S KENES, is an adult individual with last known address of 104 E MARBLE ST, MECHANICSBURG PA 17055. 3. It is averred that Defendant was indebted to CAPITAL ONE BANK (USA), N.A. / ORCHARD BANK on April 24, 2008 with account number * * * * * * * * * ** *4127 (hereafter referred to as "Account "). A copy of the account history is attached here to and collectively marked as Exhibit " 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. This communicati.oii is from a debt collector and is an attempt to collect a debt. Any info.rinat:ion obtained will be used for that puq)ose. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and /or for obtaining services. 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 4, 2011. 8. Plaintiff is the purchaser, assignee and /or successor in interest CAPITAL ONE BANK (USA), N.A. / ORCHARD BANK 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 $1,159.34. 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, ADIN S KENES , in the amount of $1,159.34, 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 -51479 This; cominLmication is from a debt collector and is an attempt to collect a cleft. Any information obtained will be used for that: purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Larry J. AndreWS 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. JUL 2 4 201 Date: By: LanY J. Andrews Custodian of Records 13 -51479 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 t Fax: (757) 518 -0860 TF .. Statement of Account Account: * * * * * * * * * ** *4127 ADIN S KENES Account Holder: ADIN S KENES 104 E MARBLE ST MECHANICSBURG PA 17055 Consumer Account Product Code: MC Issuer: CAPITAL ONE BANK (USA), N.A. / ORCHARD BANK Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *4127 Date Account Opened: April 24, 2008 Date of Last Payment: May 4, 2011 Date of Charge Off: December 31, 2011 Balance at Purchase: $1,159.34 Purchase Date: June 20, 2012 Balance at Charge -Off: $1,159.34 Less Payments: $.00 Balance Due: $1,159.34 13 -51479 HSB097 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, Larry J. Andrew* , 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 CAPITAL ONE BANK (USA), N.A. / ORCHARD BANK ( "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 20, 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 ADIN S KENES ( "Debtor ") to the Account Seller the sum of $1,159.34 with the respect to account number ending in * * * * * * * * * ** *4127, as of December 31, 2011 with there being no known un- credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $1,159.34 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 ecovery As LC By: Larry rJ ndr _WsC ustodian of Records JUL 2 4 2013 SANDRA A. WHITE S scribed and sworn to before me on of , 2013 REGINO NOTARY IC COMMONWEALTH IIOOE IR NIA MY COMMISSION EXPIRES SEPTEMBER 30, 2013 Notary Public 13 -51479 This conirn.unication is from a debt collector and is are. attempt to collect a debt. Anv information obtained will be used for that puiliose. ASSIGNMENT AND BILL OF SALE O6/15/2012 Reference is made to that certain Purchase and Sale Agreement as of 03128/2012 ( "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. WHEREAS, HSBC Bank Nevada, N.A., HSBC Bank USA, N.A., HSBC Receivables Acquisition Company I, HSBC Receivables Acquisition Corporation (USA) III, and HSBC Receivables Acquisition Corporation (USA) IV (collectively, "HSBC ") sold the Accounts described in Schedule 1 attached hereto to Capital One Bank (USA), National Association ( "Seller ") in connection with the transactions contemplated under that certain Purchase and Assumption Agreement among HSBC Finance Corporation, HSBC USA Inc., HSBC Technology and Services (USA) Inc. and Capital One Financial Corporation, dated August 10, 2011, as amended from time to time. 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 Schedule 1 attached hereto, as of the date first written above. Purchaser and Seller agree that the Purchase Price shall be as stated in Section 3 of the Agreement. Purchaser acknowledges and agrees that (i) Seller did not originate any of the Accounts and, prior to May 1, 2012, did not service any of the Accounts, and (ii) Seller's internal policies and procedures for servicing accounts including, but not limited to, charge -off, credit bureau reporting, fraud, and billing disputes policies may be different than the charge -off policies and procedures of HSBC. Purchaser acknowledges and agrees that Seller may deliver an Affidavit of Sale of Accounts by Creditor in lieu of an Affidavit of Sale of Accounts by Original Creditor. This Assignment and Bill of Sale may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. RESTRICTED HS8097 1 of 3 IN WITNESS WHEREOF, the parties have signed and delivered this instrument on 0612712012, Capital One Bank (USA), National Association Signed By: By: John H Maurer Title: Vice President Portfolio Recovery Associates, LLC Signed By: By: Title: RESTRICTED H586 9 2 Of 3 IN WITNESS WHEREOF, the parties have signed and delivered this instrument on 06/2712012. Capital One Bank (USA), National Association Signed By: By: Joh surer Title: Vice President Portfolio Recovery Associates, LLC Signed By: By: Title: RESTRICTED H586.97 SHERIFF'S OFFICE OF CUMBERLAND COUNTY 3 Ronny R Anderson Sheriff t rwrraratirxf� % ' HE, PROTlio3mTAP Jody S Smith * Chief Deputy i � i Richard W Stewart ` " '`" Solicitor OFF1,,E O1=T14E SkERIFP CUMBERLAND CC1111�3 PENNSYLVANIA Portfolio Recovery Associates, LLC Case Number vs. 2013-4885 Adin S Kenes SHERIFF'S RETURN OF SERVICE 08/19/2013 08:29 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:Adin S Kenes at 104 E. Marble Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. RYAN BURGETT, DEPU SHERIFF COST: $39.30 SO ANSWERS, August 20, 2013 RON R ANDERSON, SHERIFF (c)CountySul:e Sheriff,Teleosoff.Inc. e � + 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. 2013-4885 v. : ADIN S KENES 104E MARBLE ST ; w MECHANICSBURG PA 17055 PRAECIPE FOR DEFAULT Esc Defendant JUDGMENT ::(Sr" • • • - - , Filed on Behalf of Plaintiff Coups: of ecord for thi arty Date: 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 13-51479 -} 11p, sopd a eit '2°-( a ac), oict 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. 2013-4885 v. ADIN S KENES 104 E MARBLE ST MECHANICSBURG PA 17055 • Defendant • • PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant,ADIN S KENES ,for failure to answer the Complaint. (X) Amount Due $1,159.34 Less Credits $.00 TOTAL $1,159.34 (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 i o be entered and to his/her Attorney of record,if any,after the default occurred and at least t> dais prior to the to o he filing of this praecipe and a copy of the notice is attached. OF Robe 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 13-51479 This communication is from a debt collector is an attempt t:o 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. 2013-4885 v. ADIN S KENES • 104 E MARBLE ST • 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$1,159.34. ., (X)A copy of all documents filed with the Prothonotary in support of the t 'n jud e is .Y -'attached. 9 If you have any questions regarding this Notice,please contac g party. Allraal'.Or Robert' . Polas,Jr.,Esqui'•,#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 13-51479 This communication is fiont 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 17, 2013 ADIN S KENES 104 E MARBLE ST MECHANICSBURG PA 17055 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. ADIN S KENES 2013-4885 Dear ADIN S KENES: Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, Robert N. Polas, Jr., Esquire 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 13-51479 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. 2013-4885 v. ADIN S KENES • 104 E MARBLE ST • MECHANICSBURG PA 17055 • Defendant TO: ADIN S KENES 104 E MARBLE ST MECHANICSBURG PA 17055 DATE OF NOTICE: September 17,2013 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 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 13-51479 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. T 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. 2013-4885 v. . • • ADIN S KENES • 104 E MARBLE ST . 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 104 E MARBLE ST MECHANICSBURG PA 17055 . and is not in the military service of the United States or its Allies, or otherwise within the pre 'ons of the Service Members Civil Relief Act and its Amendments. AO Robe, 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 13-51479 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:Oct-15-2013 02:53:16 • SCRA 3.0 `rr�.. Status Report Pursuant to Servieementhers Civil Relief Act Last Name: KENES First Name:ADIN S Middle Name: Active Duty Status As Of: Oct-15-2013 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 ':f: NA This response reflects where the individual left active duty,etatus 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,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. )11,2,1 yA. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 13-51479 r 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/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: T562D041W099150