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Home My WebLink About14-1104 Supreme Coutt -of Pennsylvania Court tom'" i on Pleas 6If- -1: 1 j� For Prothonotary Use Only: I' I%1 t. S f AM I Civil Cover, Ieet Docket No: Gr ��V iCounty CUMBER� 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 pleadin s or other pa ers as required by law or rules of court. S Commencement of Action: E ® Complaint ❑ Writ of Summons ❑ Petition C ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking I Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC WESLEY BRUNSON I O Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits i N (Check one) outside arbitration limits A 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 I you consider most important. f I i TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ` ❑ Malicious Prosecution ❑ Board of Assessment f ❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections ❑ Nuisance ® Debt Collection: Other ❑ Dept. of Transportation ❑ Premises Liability _ __— _ ❑ Statutory Appeal: Other S ❑ Product Liability (does not include E mass tort) ❑ Employment Dispute: - - - - -- ❑ Slander /Libel /Defamation Discrimination ❑ Zoning Board C ❑ Other: ❑ Employment Dispute: Other ❑ Other: T- - - -- - -- - - - - -- I ❑ Other: Q MASS TORT N ❑ Asbestos — ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS B ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Other: ❑ Ground Rent ❑ Mandamus I ❑ 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: M ❑ Legal ❑ Medical — _ - - -_— — — ❑ Other Professional: L -- - - - -- If H 14 -72690 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 if. Mark R. Garvey, Esquire PA Bar # 312686 f ,i C ;_ E Portfolio Recovery Associates, LLC 120 Corporate Blvd 01 FEr- Norfolk, VA 23502 CUB TELE: 1- 866 - 428 -8102 B r'� yD C'L1 r 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. 1 ` Plaintiff, V. WESLEY BRUNSON 1550 WILLIAMS GROVE RD LOT 98 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 Carlisle, PA 17013 Q (717) 249 -3166 v 14 -72690 Q�l 8 f c ' �7 A C k 36X)? 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. WESLEY BRUNSON 1550 WILLIAMS GROVE RD LOT 98 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 1NFORMACION 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 14 -72690 Esta coinunicacion es de un cobrador de deudas y es un intent do cobrar una deuda. Cualquier in{romacion 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. WESLEY BRUNSON 1550 WILLIAMS GROVE RD LOT 98 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, WESLEY BRUNSON, is an adult individual with last known address of 1550 WILLIAMS GROVE RD LOT 98, MECHANICSBURG PA 17055. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / WAL -MART on February 27, 2012 with account number * * * * * * * * * ** *5435 (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 June 20, 2012. 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 Bill of Sale 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 $2,812.18. 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, WESLEY BRUNSON , in t Wab s costs of this action and any other relief as the Court deems just and r a arrie A. Brown, Esquire , # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 14 -72690 This communication is from a debt collector and is an attempt to collect a debt. .Any inforination obtained will be used for that purpose. � ?.�d� .'�' # Y ., v, x � s. +r ' r ..�: _ -. � .. "t - +w+ }rerg r ,a.` r,,: x . 7ry • f* :f .v' g -� . y - a 4.{„, d . jyy , .y�6 f� ,:ta,' �5. $ j d � ,•,�r�" - { a s' d> "'k ; k+ °' " 'e : r ,r++ .. , y p . '3:';K ' �' f: ". }'!$.,, ?k �''� Y _ `$Y� �� .� . ':� � �. s :, °��. Y��`r •�..��PA�� f dr �� {. �. .va...�� p.�u„ VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, T;a � 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 } .''- ..a,L , ..s' �3:_ r., > �' xtf �a,9ai r.. IN R Date: JAN 2 2014 By: J,�A n Custodian of Records 14 -72690 This communication is from a debt collector and is an attempt to collect a debt. i Any information obtained will be used for that purpose , ;j. e {` .:s, , ,:. ,.r •„ �'� •6 3,,. °a' *,� �s., �t °k ": �,; �,'u4,. «1.'.,.�, rid y,' k:, M° . ; PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 Telephone: 1- 866 - 428 -8102 i t Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** *5435 WESLEY BRUNSON Account Holder: WESLEY BRUNSON 1550 WILLIAMS GROVE RD LOT 98 MECHANICSBURG PA 17055 Consumer Account Product Code: PVT Issuer: GE CAPITAL RETAIL BANK / WAL -MART Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *5435 Date Account Opened: February 27, 2012 Date of Last Payment: June 20, 2012 Date of Charge Off: January 30, 2013 Balance at Purchase: $2,812.18 Purchase Date: February 19, 2013 Balance at Charge -Off: $2,812.18 Less Payments: $.00 Balance Due: $2,812.18 14 -72690 GECR57 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . ................. ......... : ........................ ..................... .. .. ... ... ... . ............... .. .. ........ ........... ........... G ap E C ► ital BELL4 SALE :-:.�.: .. ... . PRA PLCC Fresh — February 2013 For val ue d in covenants : . .......... .. i cons the mutual andvonditions received an consi ratio 4 * set forth in the Forward Flow Receivables. Purchase Agrwmnt (the "A gr eement dated ..... as . of the :: 13 1h : day. of Mcember, .2012 by and between: General Electric Capital ... GE M B CorpoCorporation, GE Money. Bank, GEMB Lending, Inc:; MonograrnCredit L L.C. RFS Holding, L L.C., and GEM - Holding;: LL.C. * :(collectively "Seller".) and Portfolio: Recovery Associates; LLCVBuy.d ' SeUcr.h6r6b y transfers sells, OnVe ys arid . ors delivers to Buyer, its. success . 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 Tiles (as defined in the:Agr cement ),: delivered by Seller to Buyer on February and as � further described in the Agree ment GE C Retail B Bank Monogram Credit Services,, i e LL.C q By: _.i �B)r. Glenn Marino Glenn Marino Title! —EVP Title: —President Datei D ate: � . ............ General, Electric Capital Corporation RFS Holding, L.L.C. . L. By: Glenn. Marino . Joseph essa: Title: President Title.. —CFO Date: Date. .... . .. .. . .. .. GEMS Lending, Inc. GEM Holding, L.LC .. By ........ ... . ... .. .... 33 .. .... . P. Ste henMotta . .... . Jos eph Ressa . . .... T ctor_ 'Title: Dire Title: :_CFO Date. ate- I D UD .......... ... .... . .. .. . _ Capita IL B L. of SA E PR-APLCC Fresh � Feb ma 2Q -3 ..... .. . ........................ .. For value reoeived:.and in further consideration of the mutual covenants: and conditions set forth. in the Forward Flow Receivables Purch Agreement (the "Agreement"), dated : as : of the .13. day: of December,: 2012 by and between: General Eleetnc Capital: Corporation, GE Money Bax, G il�EMB Lending, Ina; Monogram Credit Services, RFS Holding : L L:C,; and GEIvI.Holdin , L;L:C: collective1 ` =Seller' and Portfolio 8 (. Y Recovery: AssQCiates, LLC "Bu er" Seller hereby transfers; sells; cone s; grants; and r9 ( Y ), Y . y. delivers to Buyer; its successors and assigns, without recourse: except as set forth in-the A , Ag reement, 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 February 19, 2013; :.: and as further described in the Agreement.:... GE Capital.Retail Batik.. Monograrq Credit:Semces, L.L.C. .. . By: By:. Glenn :Marino lenn Marino.:: . .. .... Title:. EVP Title:: President ... Date: .: .. Date: General Electric.Capital Corporation RFS Holding;: L:L.0 By: By. . . Glenn Marino Joseph Ressa Title. Vice President Title: :CFO ate:. ate: GEMB Lending, Inc: GEM Holding, L:L. By: By: Stephen Joseph Ressa Title: Director Title: ::CFO Date: 4 Date: Ise) f EC opft BVM of SALE PRA PLCC mesh Februazv 20 I,3. ........ ..... For value ;received and in further consideration of the mutual covenants and conditions: set forth in the Forward Flow. Receivables: Purchase Agreement (the "Agreement's dated as of the day: Decem ber, 2012: by and. between General Electric Capital .13 Corporation, GE Money Bank; GEMB Lending, Inc.,. Monogram:Credit. Services, L.L.C., RFS Holding, L.L.C4 and GEM Holding, : L.L.C. ( collectively "Seiler') and: Portfolio . Recovery Associates, . LLC C Bu : Seller. hereby transfers, sells, eorn►eys, grants,. and. . delivers to :Buyer, its successors and assigas, without :recourse except as set forth in die. .... . Agreement, to the extern of its ownership, the Receivables as set forth in the :Notification .: . Files (as defined in the Agreement), delivered by Seller to. Buyer on :February 19, 2013, and as ftffier.described in the Agreement. . : . ::.:GE Capital Retail. Bank Monogram Credit. Services, L.L.C. BY B y : Glenn Marino :: Glenn Marino Title: _E�TP Title: ;President Date: . .....: Date: .. ... ... Geneial Electric. Capital: Corporation RFS ing, LI C : B y: By Glenn Marino. .Joseph . Title: Vice President Title:: CFO Date: Date: ... . GEMB Lending; Inc. GEM ding, L.L;C By: By: :: ... Ste hen Mona Joseph ResA Titles _Director .: Title: CFO ...: _ Date: - Date: Job Messages xerox J ddturner Document Name: axDocDownloadExe.aspx % %[ ProductName: Xerox D125 Copier /Printer ] %% r % %[Page: 1] %% % %[Page: 21%% % %[Page: 31%% % %[LastPage] %% 90.64.226.86 Job # 96999 FR833282333_WALMART CREDIT CARD T &C PLCC PDF 5/12 GE CAPITAL RETAIL BANK SECTION I: RATES AND FEES TABLE WALMART@ CREDIT CARD ACCOUNT AGREEMENT PRICING INFORMATION Interest Rates and Interest Charges Annual Percentage Rate The APR for purchases is the prime rate plus 19.65 %. (APR) for Purchases This APR will vary with the market based on the Prime Rate. How to Avoid Paying Your due date is at least 23 days after the close of each billing cycle. We will not charge Interest you any interest on purchases if you pay your entire balance by the due date each month. Minimum Interest Charge If you are charged interest, the charge will be no less than $1.00. Penalty Fees • Late Payment Up to $35 How We Will Calculate Your Balance: We use a method called "daily balance ". See your credit card account agreement on the next page for more details. SECTION II: RATES, FEES AND PAYMENT INFORMATION WALMARTO CREDIT CARD ACCOUNT AGREEMENT How Interest is Calculated Your Interest Rate The APR for purchases is the prime rate plus 19.65 %. We use a daily rate to calculate the interest on the balance on your account each day. The daily rate for purchases is the APR times 1/365. As of September 1, 2011 the daily rate for purchases was .06274% (APR 22.90 %). Interest will be imposed in amounts or at rates not in excess of those permitted by applicable law. Daily Rates May Vary. The APR and the daily rate on your account vary with the market based on the prime rate. The Prime Rate for a billing cycle is the highest bank prime loan rate published in The Wall Street Journal in its Money Rates section on the 15th day (or the next business day if the 15th day is not a business day) of the calendar month preceding the first day of the billing cycle. If the prime rate increases, the daily rate and APR will increase. As a result, interest, your total minimum payment and the number of payments it would take you to pay off your account balance may increase. We apply any change in rates because of a prime rate change to your entire account balance. A change in the prime rate will take effect on the first day of the first billing cycle after the change. We may select a new interest rate index if the prime rate is not available. When We Charge Interest We charge interest on your purchases from the date you make the purchase until you pay the purchase in full. See exceptions below. • We will not charge you interest during a billing cycle on any purchases if: 1. You had no balance at the start of the billing cycle; OR 2. You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that billing cycle. • We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate to purchases if: 1. You had no balance at the start of the previous billing cycle; OR 2. You had a balance at the start of the previous billing cycle and you paid that balance in full by the due date in the previous billing cycle. How We Calculate Interest We figure the interest charge on your account separately for each balance type. We do this by applying the daily rate to the daily balance for each day in the billing cycle. A separate daily balance is calculated for the following balance types, as applicable: purchases and balances subject to different interest rates, plans or special promotions. See below for how this works. 1. How to get the daily balance. We take the starting balance each day, add any new charges and fees, and subtract any payments or credits. This gives us the daily balance. Credit insurance premiums and debt cancellation fees, if any, are not included in the daily balance. Late payment fees are treated as new purchases. 2. How to get the daily interest amount. We multiply each daily balance by the daily rate that applies. 3. How to get the starting balance for the next day. We add the daily interest amount in step 2 to the daily balance from step 1. 4. How to get the interest charge for the billing cycle. We add all the daily interest amounts that were charged during the billing cycle. We charge a minimum of $1.00 of interest in any billing cycle in which you owe interest. This charge is added proportionately to each balance type. How Fees Work Late Payment Fee We will charge this fee if we do not receive the total minimum payment due on your account by 5 p.m. (ET) on the due date. This fee is equal to: 1. $25, if you have paid your total minimum payment due by the due date in each of the prior six billing cycles. OR 2. $35, if you have failed to pay your total minimum payment due by the due date in any one or more of the prior six billing cycles. The late payment fee will not be more than the total minimum payment that was due. Minimum Payment Calculation Your total minimum payment is calculated as follows. 1. The greater of: • $25, or $35 (which includes any past due amounts) if you have failed to pay the total minimum payment due by the due date in any one or more of the prior six billing cycles. OR • The sum of: a. Any past due amounts; PLUS b. 1 /24th of your new balance shown on your billing statement; PLUS c. Any payment due in connection with a special promotional purchase with a unique payment calculation. OR 2. If you are charged a late payment fee during a billing cycle, for each of the next four months we will make the following calculation as long as you make at least the total minimum payment as shown in section 1 above. We will calculate if the total of your payments is at least equal to the sum of the following: (A) the interest billed on your statement each month, plus (B) 1 % of the new balance shown on your billing statement each month, plus (C) the late payment fee that was assessed in the billing cycle before the four month period. If for the four month period the sum of your payments is not at least equal to the sum of A, B and C, then your total minimum payment for future billing cycles will be the greater of: • The minimum payment calculation shown in section 1 above. OR • The sum of: a. 1 % of your new balance shown on your billing statement plus interest and late payment fees charged in the current billing cycle; PLUS b. Any past due amounts; PLUS c. Any payment due in connection with a special promotional purchase with a unique payment calculation. We round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment will never be more than your new balance. Special Promotional Financing Offer Information At times, we may offer you special financing promotions for certain transactions ( "special promotions "). The terms of this Agreement apply to any special promotions. However, any special promotional terms that are different than the term in this Agreement will be explained on promotional advertising or other disclosures provided to you. Below is a description of certain special promotions that may be offered: • No Interest for 6 Months For each promotion, if the promotional balance is not paid in full within the promotional period, • No Interest for 12 Months interest will be imposed from the date of purchase at the APR that applies to your account when the promotional purchase is made. • No Interest for 18 Months At the time your account is opened, this is a variable APR of 22.90 %. This APR will vary with • No Interest for 24 Months the market based on the prime rate. When you make a qualifying purchase under one of these promotions, no interest will be assessed on the purchase if you pay the following (the "promotional balance ") in full within the applicable promotional period: (1) the promotional purchase amount, and (2) any related optional credit insurance /debt cancellation charges. If you do not, interest will be assessed on the promotional balance from the date of the purchase. Minimum monthly payments are required. Regular account terms apply to non - promotional purchases and, after promotion ends, to promotional purchases. Offers are subject to credit approval. These promotional offers may not be available at all times for all purchases. Please see any special promotion advertising or other disclosures provided to you for the full terms of any special promotion offered. SECTION III: STANDARD PROVISIONS WALMART'D CREDIT CARD ACCOUNT AGREEMENT 10WOUAT HE CREDIT CARD ACCOUNT AGREEMENT This Agreement. This is an Agreement between you and GE Capital Retail Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card account shown above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four sections of this document and the application you submitted to us in connection with the account. These documents replace any other agreement relating to your account that you or we made earlier or at the same time. Parties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the full amount due, no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as "you" or "your ". GE Capital Retail Bank may be referred to as "we ", "us" or "our ". Changes To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges. Special Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the terms in this Agreement will be explained on promotional advertising or other disclosures provided to you. H OW TO USE YOUR ACCOUNT /CARD Use Of Your Account. You may use your account only for lawful personal, family or household purposes. You may use your account for purchases from Walmart locations. You may use your credit card to obtain cash loans ( "quick cash advances ") at participating Walmart owned registers (not at registers in leased departments) in Walmart stores. Each quick cash advance must be in increments of $20.00, up to any limit we may set, and may only be obtained if you are making an approved purchase with your credit card. No more than one quick cash advance may be obtained on your account each day. Except as otherwise expressly provided in the Agreement or any applicable offer, a quick cash advance will be treated as a purchase. You Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement. Your Responsibility. Each accountholder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a card to someone else, you will be responsible for paying for all charges resulting from their transactions. Purchase Limits. To prevent fraud, we may limit the number or dollar amount of purchases you can make in any particular amount of time. We also may decline any particular charge on your account for any reason. Credit Limit. You will be assigned a credit limit and cash advance limit on your account that we may increase or decrease from time to time. If we approve a transaction that makes you go over your credit limit or your cash advance limit, we do not give up any rights under this Agreement and we do not treat it as an increase in either limit. HOW AND WHEN TO MAKE PAYMENTS When Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle. Payments received after 5 p.m. (E0 will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may delay making credit available on your account in the amount of your payment even though we will credit your payment when we receive it. Payment Options. You can pay by mail, online or at Walmae. We may allow you to make payments over the phone but we will charge you a fee to make expedited phone payments. Your payment must be made in U.S. dollars by physical or electronic check, money order or a similar instrument from a bank located in the United States. How To Make A Payment. You can pay by mail, online or at a Walmart or Sam's Club store. If you do not, credit of your payment may be delayed up to five days. Your billing statement also explains how information on your check is used. Payment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you make in excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or permit us to apply excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion. INFORMATION ABOUT YOU Using And Sharing Your Information. When you applied for an account, you gave us and Wal -mart Stores, Inc. information about yourself that we could share with each other. Wal -mart Stores, Inc. will use the information in connection with the credit program and for things like creating and updating its records and offering you special benefits. More information about how we use and share information is set forth in the privacy policy for your account. Address /Phone Change. You agree to tell us right away if you change your address or phone number(s). We will contact you at the address or phone number in our records until we update our records with your new address or phone number. Consent To Communications. You consent to us contacting you using all channels of communication and for all purposes. We will use the contact information you provide to us. You also consent to us and any other owner or servicer of your account contacting you using any communication channel. This may include text messages, automatic telephone dialing systems and /or an artificial or prerecorded voice. This consent applies even if you are charged for the call under your phone plan. You are responsible for any charges that may be billed to you by your communications carriers when we contact you. Telephone Monitoring. For quality control, you allow us to listen to and /or record telephone calls between you and us. IMPORTANT INFORMATION ABOUT YOUR ACCOUNT Closing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer service. We may close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you owe and this Agreement will remain in effect until you do. Collection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include court costs and reasonable attorneys' fees. Credit Bureau Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be shown in your credit report. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at P.O. Box 965024, Orlando, FL 32896 -5024. Tell us what information is wrong and why you think it is wrong. If you have a copy of the credit report that includes the wrong information, send us a copy. Default. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or upon your death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and /or (c) take any other action allowed. Disputed Amounts. The billing rights summary in section IV of this Agreement describes what to do if you think there is a mistake on your bill. If you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not give up any rights under this Agreement if we accept a payment marked "payment in full" or given with any other conditions or limitations. Unauthorized Use. If your card is lost, stolen or used without your consent, call us immediately at 1- 877 - 294 -7880. You will not be liable for unauthorized use on your account, but you will be responsible for all use by anyone you give your card to or allow to use your account. IMPORTANT INFORMATION ABOUT THIS AGREEMENT Assignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account. Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply. Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah. Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation. RESOLVING A DISPUTE WITH ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT. (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. • What claims are subject to arbitration 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and /or Wal -mart Stores, Inc. if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court or your state's equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and /or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. • No Class Actions YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE. If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court's determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency. • How to start an arbitration, and the arbitration process 1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to GE Capital Retail Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, (800) 778 -7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, (800) 352 -5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator. 2. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other parry files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. 3. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator's rules conflict with this Agreement, this Agreement will control. 4. The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced. • Governing Law for Arbitration This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. The arbitrator's decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator's award. • How to reject this section You may reject this Arbitration section of your Agreement. If you do that, only a court may be used to resolve any dispute or claim. To reject this section, you must send us a notice within 60 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address and account number, and must be mailed to GE Capital Retail Bank, PO Box 965012, Orlando, FL 32896 -5012. This is the only way you can reject this section. SECTION IV: OTHER IMPORTANT INFORMATION WALMART® CREDIT CARD ACCOUNT AGREEMENT This section of the agreement includes state notices, billing rights summary and rewards terms (if applicable) and is not required to be provided as part of the credit card agreement posted online or provided to the CFPB. FR833282333_WALMART CREDIT CARD T &C PLCC PDF 5/12 � Job Messages xe rox J ddturner Document Name: Walmart Credit.pdf % %[ ProductName: Xerox D125 Copier /Printer ] %% % %[Page: 1] %% % %[Page: 21%% % %[Page: 3] %% % %[Page: 41%% % %[Page: 51%% % %[LastPage] %% 90.64.228.86 Job # 97000 Walmart��. Save money. Live better. Walmart® WESLEY R BRUNSON Visit us at walmart.com /credit Discover Card Account Number: 35 Customer Service: 1- 866 - 314 -9507 Summary of Account Activity Payment Information Previous Balance $2,612.18 New Balance $0.00 -Other Credits $2,812.18 Amount Past Due $0.00 New Balance $0.00 Total Minimum Payment Due $691.00 Payment Due Date 02/01/2013 Credit Limit $2,400 Late Payment Warning:lf we do not receive your minimum Available Credit $0.00 payment by the date listed above, you may have to pay a late Cash Advance /Quick Cash Limit $480 fee up to $35.00. Available Cash $0.00 Statement Closing Date 01/30/2013 Days in Billing Cycle 28 Cash Earned Summary Cash News Previous Balance $0.00 Earning cash back with the Walmart® Discover® ( +) Earned This Period $0.00 is easy) Simply use your card everywhere = Balance $0.00 Discover® is accepted. Remember every time you earn just $10, you will receive a check in your billing statement - it's automatic. Transaction Summary Tran Post Date Date Reference Number Description of Transaction or Credit Amount 01/30 01/30 F6210000YO0999990 CHARGE OFF ACCOUNT - PRINCIPALS ($2,334.68) 01/30 01/30 F6210000YO0999990 CHARGE OFF ACCOUNT *FINANCE ($477.50) CHARGES' FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED 01/30 01130 INTEREST CHARGE ON PURCHASES $0.00 01130 01/30 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2013 Totals Year -To -Date Total Fees Charged in 2013 $0.00 Total Interest Charged in 2013 $54.15 Total Interest Paid in 2013 $0.00 Interest Charge Calculation Your Annual Percentage Rate (APR)s the annual interest rate on your account. Type of Balance Expiration Date Annual Percentage Balance Subject t o Interest Charge Rate Interest Rate Regular Purchases NA 22.90 %(v) $0.00 $0.00 Cash Advances NA 25.90 %(v) $0.00 $0.00 Quick Cash Until Paid Off 22.90 %(v) $0.00 $0.00 (v) = Variable rate Cardholder News and Information If your account has a deferred interest promotion and you would like us to apply a payment on your account to a specific balance, please call Customer Service to discuss options that may be available. PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE, NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights and other important information. 5404 HGH 1 3 2 130130 Z PAGE 1 of 1 6210 1100 A403 OIDF5404 Detach and mail this portion with your check. Do not include any correspondence with your check. — I Walmart A' Total Mi Amount Pa y Account Numbe 35 nimum ment Due Overlim ce Save money. Live better. Payment Due Past Due Date Amount $691.00 $0.00 02/01/2013 $0.00 $0.00 Payment Enclosed: [I [I [IF] ❑ . ❑ ❑ J i l l 1 IN I I Jill �I III se blue or black ink. New address or email? Print changes on back. , Please WESLEY R BRUNSON LOT 98 1550 WILLIAMS GROVE RD Make Payment To: WALMART DISCOVER /GECRB MECHANICSBURG PA 17055 -5348 PO BOX 960024 ORLANDO, FL 32896 -0024 xerox Job M Me ssages J ddturner Document Name: axDocDownloadExe.aspx % %[ ProductName: Xerox D125 Copier /Printer ] %% %%[Page: 1] %% % %[LastPage] %% 90.B4.22B.86 Job # 97001 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson } ) Sheriff ��" , t+ ' � e1� ;,J +.,,. , txt� t �tt�raiar� Jody S Smith r ry c' (4 $, ' 2'a` • i y) Chief Deputy , Richard W Stewart CUMBE I AN A C UN '' Solicitor OP-tc :€,T ;- ffi , PENNSYLVANIA Portfolio Recovery Associates, LLC vs. Case Number Wesley Brunson 2014-1104 SHERIFF'S RETURN OF SERVICE 03/03/2014 11:13 AM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Chandria Lynch, Girlfriend, who accepted as"Adult Person in Charge"for Wesley Brunson at 1550 Williams Grove Rd. Lot 98, Monroe Township, Mechanicsburg, PA 17055. BRIAN GRZ OSKI, PUTY SHERIFF COST: $39.30 SO ANSWERS, March 05, 2014 RONNY 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 v. WESLEY BRUNSON 1550 WILLIAMS GROVE RD LOT 98 MECHANICSBURG PA 17055 Defendant Date: t f k( 14-72690 No. 14-1104 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Filed o Behalf of Plaintiff Co of Record for this // / 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 r�a 77" c Cu �..� 6044 is1/. 56pd a gd, CU q �S i2 bic12„ This communication is from a debt collector is an attempt to collect a debt. cz f I viAT 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 v. WESLEY BRUNSON 1550 WILLIAMS GROVE RD LOT 98 MECHANICSBURG PA 17055 Defendant No. 14-1104 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant, WESLEY BRUNSON, for failure to answer the Complaint. (X) Amount Due $2,812.18 Less Credits $.00 TOTAL $2,812.18 (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 PARC.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) 14-72690 Pursuant to PAR.C.P.231.1, I certify that a written notice of intention to file this praecipe was mailed or delivered to the p. against whom judgment ' o ie entered and to his/her attorney of record, if an -r the default occurred a' i, east ten days prior to the date of the filing of this and a cosy of ie nJs 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 This communication is from a debt collector is an attempt to collect a debt. Any information obtained will be used for that Impose. 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. 14-1104 CIVIL v. WESLEY BRUNSON 1550 WILLIAMS GROVE RD LOT 98 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 $2,812.18, plus post judgment interest from the date of the judgment. (X) A copy of all documents filed with the Prothonotary in support the jut � t is/are attached. If you have any questions regarding this Notice, 14-72690 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) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 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) March 25, 2014 WESLEY BRUNSON 1550 WILLIAMS GROVE RD LOT 98 MECHANICSBURG PA 17055 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. WESLEY BRUNSON 14-1104 CIVIL Dear WESLEY BRUNSON: 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 14-72690 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 v. WESLEY BRUNSON 1550 WILLIAMS GROVE RD LOT 98 MECHANICSBURG PA 17055 Defendant TO: WESLEY BRUNSON 1550 WILLIAMS GROVE RD LOT 98 MECHANICSBURG PA 17055 DATE OF NOTICE: March 25, 2014 IMPORTANT NOTICE No. 14-1104 CIVIL 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. 14-72690 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 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 CML ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff V. WESLEY BRUNSON 1550 WILLIAMS GROVE RD LOT 98 MECHANICSBURG PA 17055 Defendant No. 14-1104 CIVIL 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 knoWedge, information and belief, the above named Defendant, is over 21 years of age; is last known to reside at 1550 WILLIAMS GROVE RD LOT 98 MECHANICSBURG PA 17055 and is not in the military service of the United States or i provisions of the Service Members Civil Relief Act an 14-72690 s, or otherwise within ndments. Obert 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 Attorneys for Plaintiff This communication is a debt collector and is an attempt to collect a debt. Any information obtained will be used tbr that purpose. Department of Defense Manpower Data Center Results as of : Apr -07-2014 04:02:42 PM SCRA 3.0 Status Report Pursuant to Servicernembers Civil. Relief Act Last Name: BRUNSON First Name: WESLEY Middle Name: Active Duty Status As Of: Apr -07-2014 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 Ir ..:. NA ...:. ..-' -' No . NA This response reflects where the individual left active duty status Within 367'days preceding the Actiye:Duty Status Date The Member or His/Her Unit Was Notified of a Futu e 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 earlynotification 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. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 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 andsupported 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: F88201 CCW0685C0