HomeMy WebLinkAbout14-1771 Supreme C
Court f Com .n Pleas M
f .� �` For Prothonotary Use Only: TIME STAP
Ci I OOV i ,et Docket No:
CLIMB „County
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
S ® Complaint ❑ Writ of Summons ❑ Petition
E+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiffs Name: Lead Defendant's Name:
T PORTFOLIO RECOVERY ASSOCIATES, LLC BARRY MENTZER
I
U Are money damages requested? ® Yes O No Dollar Amount Requested: X within arbitration limits
N (Check one) outside arbitration limits
A Is this a Class Action Suit? ❑ Yes ®No Is this an MDJAppeal? O 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 Se] Litigant)
Nature of the Case Place an "X” to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections
❑ Nuisance ® Debt Collection: Other ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not include
S mass tort) ❑ Employment Dispute:
E ❑ Slander/Libel/Defamation Discrimination ❑ Zoning Board
C C] Other: ❑ Employment Dispute: Other ❑ Other:
T
I ❑Other:
MASS TORT
U ❑ Asbestos
N ❑ Tobacco
El Toxic Tort -DES REAL PROPERTY MISCELLANEOUS
❑ Toxic Tort - Implant ❑ Ejectment E] Common Law /Statutory Arbitration
❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
B C] Toxic Waste
C3 Other: E] Ground Rent ❑ Mandamus
❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations
❑ Mortgage Foreclosure: Residential Restraining Order
❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
❑ Partition ❑ Replevin
PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other:
❑ Dental ❑ Other:
❑ Legal
❑ Medical
❑ Other Professional:
15 -29825
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055 '" { i
Mark R. Garvey, Esquire PA Bar# 312686
Portfolio Recovery Associates, LLC c
120 Corporate Blvd
Norfolk, VA 23502 , ��i
TELE: 1- 866 - 428 -8102, ! � ���'
FAX: (757) 518 -0860 FLNNS` LVANI
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
)
120 CORPORATE BLVD 1
NORFOLK, VA 23502 No. /
Plaintiff,
V.
BARRY MENTZER
1113 MOUNTAIN RD
NEWBURG PA 17240
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
15 -29825
6 �j
This communication is from a debt collector and is an attempt to collect a deb -3 "1
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.
BARRY MENTZER
1113 MOUNTAIN RD
NEWBURG PA 17240
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
15 -29825
Esta comun.icacion es de tin cobrador de deud.as y es un intent do cobrar una deuda.
Cualquier infromacion. sera util.i.zada. 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.
BARRY MENTZER
1113 MOUNTAIN RD
NEWBURG PA 17240
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, BARRY MENTZER, is an adult individual with last known address of 1113
MOUNTAIN RD, NEWBURG PA 17240.
3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / WAL -MART on
November 19, 2010 with account number * * * * * * * * * ** *7521 (hereafter referred to as "Account ").
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 ti•otn a debt collector and is an attempt to collect a debt.
Any inforination. 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 October 28, 2011.
8. Plaintiff is the purchaser, assignee and /or successor in interest GE CAPITAL RETAIL BANK /
WAL -MART and Plaintiff is now the holder of the Account. A true and correct copy of the
Plaintiffs 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
$899.44.
l O.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.
I LThe 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, BARRY MENTZER , in the nt of $899.44, plus osts of this action
and any other relief as the Court deems just and reasonab
rie A. Brown, Esquire, # 94055
Robert N. Polas, Jr., Esquire, # 201259
Mark R. Garvey, Esquire, # 312686
Attorneys for Plaintiff
15 -29825
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used. for that purpose.
VERIFICATION
The undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
I ina Spellman 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.
AR ®+5 B
Date: y:
Itina Spellman
Custodian of Records
15 -29825
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
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.
rf
GE Capital
BILL of SALE
PRA Fresh -,Tune 2012
For value received and in further consideration of the mutual covenants and conditions
set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement "), dated
as of the 25' day of June, 2012 by and between General Electric Capital Corporation, GE
Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding,
L.L.C., and GEM Holding, L.L.C. (collectively "Seller ") and Portfolio Recovery
Associates, LLC ( "Buyer "), Seller hereby transfers, sells, conveys, grants, and delivers to
Buyer, its successors and assigns, without recourse except as set forth in the Agreement,
to the extent of its ownership, the Receivables as set forth in the Notification Files (as
defined in the Agreement), delivered by Seller to Buyer on June 27, 2012, and as further
described in the Agreement.
GE Capital Retail Bank Monogram Credit Services, L.L.C.
By: B
I
Glenn Marino Glenn Marino
Title: _EVP Title: -President
Date: �' �.,. --� Date:
General Electric Capital Corporation RFS Holding, L.L.0
-�_
By: �2 - By:
Glenn Marino Joseph Ressa
Title: -Vice President Title: _CFO
Date: `�f "� C J -� Date:
GEMB Lending, Inc. GEM Holding, L.L.0
By: By:
Stephen Motta Joseph Ressa
Title: _Director Title: _CFO
Date: Date:
r
` GE Capital
BILL of SALE
PRA Fresh — June 2012
For value received and in further consideration of the mutual covenants and conditions
set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement"), dated
as of the 25"' day of June, 2012 by and between General Electric Capital Corporation, GE
Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding,
L.L.C., and GEM Holding, L.L.C. (collectively "Seller ") and Portfolio Recovery
Associates, LLC ( "Buyer "), Seller hereby transfers, sells, conveys, grants, and delivers to
Buyer, its successors and assigns, without recourse except as set forth in the Agreement,
to the extent of its ownership, the Receivables as set forth in the Notification Files (as
defined in the Agreement), delivered by Seller to Buyer on June 27, 2012, and as further
described in the Agreement.
GE Capital Retail Bank Monogram Credit Services, L.L.C.
By: By:
Glenn Marino Glerni 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
Date: Date:
GEMB Lending, Inc. GEM Holding, L.L.0
B
y . _ � 1- By:
Stephen'1Motta r Joseph Ressa
Title: Director Title: CFO
Date: f7 Date:
i
/ f
f GE Capital
BILL of SALE
PRA Fresh — June 2012
For value received and in further consideration of the mutual covenants and conditions
set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement "), dated
as of the 25' day of June, 2012 by and between General Electric Capital Corporation, GE
Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding,
L.L.C., and GEM .Holding, L.L.C. (collectively "Seller ") and Portfolio Recovery
Associates, LLC ("Buyer''), Seller hereby transfers, sells, conveys, grants, and delivers to
Buyer, its successors and assigns, without recourse except as set forth in the Agreement,
to the extent of its ownership, the Receivables as set forth in the Notification Files (as
defined in the Agreement), delivered by Seller to Buyer on June 27, 2012, and as further
described in the Agreement.
GE Capital Retail Bank Monogram Credit Services, L.L.C.
By: By:
Glenn Marino Glenn Marino
Title: _EVP Title: President
Date: Date:
General Electric Capital Corporation RFS Holding, L.L.
By: B
Glenn Marino Joseph IM a
Title: _Vice President Title: CFO
Date: Date: 1 4 -11- t , 3
GEMB Lending, Inc. GEM Holding, L.L.0
By: By:
Stephen Motta Joseph s a
Title: _Director Title: CFO
Date: _ _ Date - 21--t
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FILED-OFFICE
Sheriff Of' THE PROTHONOTAin
ri
Jody S Smith 4
2014 API 11 PM 2 21
Chief Deputy
Richard W Stewart CUMBERLAND COUNTY
Solicitor opcv.- oP- 'F:i 1.--.RERIFF PENNSYLVANIA
Portfolio Recovery Associates, LLC
vs.
Barry Mentzer
Case Number
2014-1771
SHERIFF'S RETURN OF SERVICE
04/09/2014 11:14 AM - Deputy Brian Grzyboski, 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: Barry Mentzer at 1113 Moutain Road, Upper Mifflin, Newburg, PA 17240.
SHERIFF COST: $50.60
April 10, 2014
t,c) CountySoite Sheriff, Teleasoft,
BRIAN GRZYBO I, D P
SO ANSWERS,
RON R ANDERSON, SHERIFF
P-73/
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.
BARRY MENTLER
1113 MOUNTAIN RD
NEWBURG PA 17240
Date:
Defendant
15-29825
No. 14-1771
PRAECIPE FOR DEFAULT r
JUDGMENT
Filed on : if of Plaintiff
CounRecord for this P
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) 1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
--5°Pda ftd_
-SCR s/ F .96
F/9f
This communication is fiom a debt collector is an. attempt to collect a debt.
Any infbr nation obtained will be used for that purpose.
I1/a",cc /Yl
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.
BARRY MENTZER
1113 MOUNTAIN RD
NEWBURG PA 17240
Defendant
No. 14-1771
PRAECIPE FOR DEFAULT JUDGMENT
Please enter Judgment in Favor of Plaintiff and against Defendant, BARRY MENTZBR, for failure
to answer the Complaint.
(X) Amount Due $899.44
Less Credits $.00
TOTAL $899.44
(X
(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.
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) 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 is to be entered
and to his/her attorney of record, if .' ", a er the default occurred and least ten days
prior to the date of the filing of th'.:.ifi
a c py ee no ;I . ached.
i
15-29825
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 itirom 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
v.
BARRY MENTZER
1113 MOUNTAIN RD
NEWBURG PA 17240
Plaintiff No. 14-1771
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 $899.44.
(X) A copy of all documents filed with the Prothonotary in support of the within jud;ent is/are
attached.
If you have any questions regarding this Notic
15-29825
1
.7".—rt N. Polas, Jr., Esquire, # 201259
Carrie A Brown, Esquire, # 94055
Mark R Garvey, Esquire, # 312686
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T) 1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
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)
May 19, 2014
BARRY MENTZER
1113 MOUNTAIN RD
NEWBURG PA 17240
RE: PORTFOLIO RECOVERY ASSOCIATES, LLC
VS. BARRY MENTZER
14-1771
Dear BARRY MENTZER:
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
15-29825
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.
BARRY MENTZER
1113 MOUNTAIN RD
NEWBURG PA 17240
Defendant
TO: BARRY MENTZER
1113 MOUNTAIN RD
NEWBURG PA 17240
DATE OF NOTICE: May 19, 2014
IMPORTANT NOTICE
No. 14-1771
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.
15-29825
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
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD
NORFOLK, VA 23502
Plaintiff
v.
BARRY MENTGER
1113 MOUNTAIN RD
NEWBURG PA 17240
Defendant
No. 14-1771
AFFIRMATION OF NONMILITARY 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
1113 MOUNTAIN RD
NEWBURG PA 17240
and is not in the military service of the United States or its Allies, o
the Service Members Civil Relief Act and its Amendments.
15-29825
rwise within the prov s of
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 for that purpose.
Department of Defense Manpower Data Center
Results as of : Jun -17-2014 03:41:48 PM
SCRA 3.0
Status Report
Pursuant to Servicemembers Civil. Relief Act
Last Name: MENTZER
First Name: BARRY
Middle Name:
Active Duty Status As Of: Jun -17-2014
On Active Duty On Active Duty Status Date
Active Duty Start Date
_ Active Duly End Date
Status
Service Component
NA
NA:;.;.:. ...
:::'No'i:.'
NA
This response reflects the individuals' active duty status based on. the ActiveDuty!Status Date
Left Active Duty Within 367 Da of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
.....i NA -. ..
No
NA
This response reflects where the individual left active dutystetus wittiin 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
N4 ' :
No':;,:,.:.,C'
NA
This response reflects whether the lndeldual 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 enter; 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/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 (NOM 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: OAJAOA9AOOFBE40