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HomeMy WebLinkAbout14-3547 Supretge Court;ofPennsylvania Count of mon Pleas �� !� �Ik�1 For Prothonotary Use Only: "f[MES"TAMP Cl s, ICD VQC�,S e et Docket No: CUMBCounty ss� The information collected on this fonn is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules o court. S Commencement of Action: E ®Complaint ❑ Writ of Summons ❑Petition C ❑Transfer from Another Jurisdiction ❑Declaration of Taking T Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES,LLC DEBORA A SARTAIN I U Are money damages requested? N Yes ❑ 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? ❑Yes ®No Name of Plaintiff/Appellant's Attorney:Robert N.Polas,Jr./Carrie Brown/Mark R Garvey ❑ Check here if you haw 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 S ❑ Product liability(docs not include E nwss tort) ❑ Employment Dispute: ❑ Slander/LibeUDefamation Discrimination ❑ Zoning Board C ❑ Other: ❑ Employment Dispute:Other ❑ Other: T I ❑ Other: Q MASS TORT N ❑ Asbestos ❑ Tobacco r-1 Toxic Tort-DES REAL PROPERTY MISCELLANEOUS B ❑ Toxic Tort-In plant ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Other: ❑ 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: 15-72731 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 t/j y gull, Norfolk, VA 23502 +!r TELE: 1-866-428-8102 f91-P M , FAX:(757) 518-0860 Pt/y s�,ND C01JN Attorneys for Plaintiff r VA 1 q fit IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CML ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 No. Plaintiff, V. DEBORA A SARTAIN 91 QUEEN AVE#91 ENOLA PA 17025 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 AWYERIF 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 15-72731 (717)249-3166 leg �� This comnR"cation 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 TIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Demandante, No. V DEBORA A SARTAIN 91 QUEEN AVE#91 ENOLA PA 17025 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 LAMNIE 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 15-72731 Esta couuunicacion es cie un cobrador de deudas y es un intent do cobras uia deuda. Cualquier infromacion sera utilizada para ese proposito. Robert N. Polas, Jr., Esquire PA Bar#201259 Carrie Brown, Esquire PA Bar#94055 Mark R Garvey, Esquire PA Bar#312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX:(757) 518-0860 Attorneys for Plaintiff IN TBE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION- LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff, No. V. DEBORA A SARTAIN 91 QUEEN AVE#91 ENOLA PA 17025 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, DEBORA A SARTAIN, is an adult individual with last known address of 91 QUEEN AVE#91, ENOLA PA 17025. 3. It is averred that Defendant was indebted to HSBC BANKNEVADA, N.A. /CAPITAL ONE, N.A. /METRIS on August 9, 2006 with account number ************0134(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. T11is C01MIa11ication is 1iorn a debt collector and is an attempt to collectt 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. A copy of the charge off statement is attached hereto and collectively marked as Exhibit "A" 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 13, 2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA, N.A. / CAPITAL ONE, N.A. /METRIS 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$1,427.13. 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, DEBORA A SARTAIN, gieABrown, Z#94055 of this action and any other relief as the Court deems just and , Robert N. Polas, Jr., Esquire, #201259 Mark R. Garvey, Esquire, #312686 Attorneys for Plaintiff 15-72731 `I'l.zis corninunication is born a debt collector and is an.attempt to collect a debt. Any inforination obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, SamarlaWaswell 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 belied based upon information provided by the Plaintiff The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: MAY 0 12014 By: Samara Braswell Custodian of Records 15-72731 This comaRmication 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 cornamnication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. P40 Exhibit 1 Forward Flow Receivable Sale Agreement dated 12/0612012 BILL OF SALE Closing Date: 02/14/2013 -- Capital One, National Association ("Seller"), in consideration of a Purchase Price of - and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right,title and interest in the Accounts identified in the Sale File entitled.-" "-- - ,which may be in electronic form) to Portfolio Recovery Associates, LLC and its affiliates and its subsidiary entities ("Buyer"), without recourse or representation except as expressly provided herein or on the terms, and subject to the conditions, set forth in the Agreement(as defined below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of 12/06/2012, by and between Seller and Buyer (the "Agreement"). All capitalized terms used, but not defined; in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Cutoff Date for the Sale File was 02/11/2013. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was CAPITAL ONE,NATIONAL ASSOCIATION By: N e: Sohn H. Maurer Title: Vice President DIRECTMERCHANTS BANK Account Statement • 1e 1. Account Number 0134 I�RECI ERC[iAms BANK- December 28,201 2013 Page 1 of 1 SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION Previous Balance $1,403.12 Credit Limit $1,230.00 New Balance $1,427.13� Payments - $0.00 Credit Available $0.00 Minimum Payment Due $285.00 Other Credits - $0.00 Cash Advance Limit V $307.00 Payment Due Date 02/22/2013 Purchases/Debits + $0.00 Cash Advance Available $0.00 Late Payment Warning:If we do not receive your minimum payment by the Cash Advances + $0.00 Statement Closing Date 01/28/2013 date listed above, you may have to pay a late fee of up to$35 and your APRs Past Due Amount $246.00 Days in Billing Cycle 31 may be increased up to the Penalty APR of 29.40%. Fees Charged + $0.00 Minimum Payment Warning:if you make only the minimum payment Interest Charged + $24.01 each period,you will pay more in interest and it will take you longer to pay New Balance $1,427.13 off your balance.For example: If you make no additional You will pay off the And you will end up charges using this card and balance shown on this paying an estimated each month you pay... statement in about... total of... Only the minimum payment 7 Years $2346.00 \Cash Advance Limit is a portion of Total Credit Limit $53.00 3Years $1909.00 Savi s=$437.00 If you would like Information about credit counseling services,call 1-866-569-2227. Questions? Payment Address:Payment Center,PO Box 71105,Charlotte,INC 28272-1105 Customer Service: 800.379-7999 Billing Inquiries:Cardmember Services,PO Box 5894,Carol Stream,IL 60197.5894 Lost/Stolen Card: 800379-7999 Manage Your account online at www.AccountGentralOnline.com Outside USA Collect: 904-9974997 TOD/Hearing Impaired: 877-902-0967 IMPORTANT INFORMATION TOTAL INTERESTCHARGESPAID IN 20125114.12 ------ YOUR ACCOUNT IS CURRENTLY CLOSED. AS A REMINDER,YOU MAY PAY YOUR CREDITCARD BILL ONLINE OR THROUGH OUR AUTOMATED PHONE SYSTEM FOR NO FEE. The HEXAGON DESIGN®(AND VARIATIONS),HSBC®,THE WORLD'S LOCAL BANK®,HOUSEHOLD®(AND DESIGN)and HOUSEHOLD BANK®Eareregistered trademarks of HSBC Holdings plc or HSBC Finance Corporation and are used by Capital One by permission. Capital One is the issuer of this account.E TRANSACTIONS Trans Date Post Date Description of Transaction or Credit �- W�Reference Number - Amount _ Fees �- TOTAL FEESFORTHIS PERIOD �� �-- ---` $0.00 __ _� _ Interest Charged 01/28172i Interest Charge on Purchases �- $24.01 01/28 01/28 Interest Charge on Cash Advances $0.00 TOTAL INTEREST FORTHIS PERIOD $24.01 2013 Totals Year to Date Total Fees charged in 2013 $0.00 Total Interest charged in 2013 $24.01 INTEREST CHARGECALCULATION Your Annual Percentage Rate(APR)is the annual interest rate on your account. Type of Balance Annual Percentage Rate(APR) Balance Subject to Interest Rate Interest Charge Promotional Balance Purchase 19.99%(v) $1,414.70 $24.01 N/A Cash Advances 28.99%(v) $0.00 $0.00 N/A (v)=Variable Rate 5994 DOH 1 7 19 130128 0 EXPAGE 1 of 1 1 0 8800 1500 C283 OICU5994 DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT. SEE REVERSESIDE FOR IMPORTANT INFORMATION ....................................................................... i'Your account is over the credit limit. Account Number: 0134 Please pay your total due of$285.00,which New Balance 7.13 DIRECT EKHANTS ANKm :includes your Minimum Payment Due and Minimum Payment Due $286.00' any additional Over the Credit Limit and/or Payment Due Date 02/22/2013 Past Due amounts. -'-"......'..•...............................-.....................; Include account number on check to: Card Services Do not send cash.Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. AMOUNT 1111111111 1:1 R-11 11 ENCLOSED DEBORAA SARTAIN 24 678 W RIDGE RD ELIZABETHTOWNPA 17022-9749 PAYMENTCENTER 'I'llll"IIII'III'II'IIII'IIIIIIIIIII"IIII1lilllllllr'I'llll'III PO BOX 71105 CHARLOTTENC 28272-1105 II"hh"11'11'11111'ulllr"I"II'lulhll'I"I'llll'rl'lll'I Nev,Address or Phone Number?Please check the box and enter your new information on reverse side U134 I What To Do if You Think You Find a Mistake on Your Statement Calculating the Balance Subject to Interest Rate:For each transaction If you think there is an error on your statement,write to us on a separate category,we add all the Daily Balances for the billing cycle together and sheet of paper at the billing inquiries address listed on the front of this divide the total by the number of days in the billing cycle.This is the Average billing statement. Daily Balance(including new purchases)method. In your letter,give us the following information: Annual Percentage Rate:If your Account has a variable rate,your Annual • Account information:Your name and account number. Percentage Rate may vary. • Dollar amount.,The dollar amount of the suspected error. Penalty APR:Your APRs may increase to the PenaltyAPR if you fail to make • Description of Problem:If you think there is an error on your bill,describe a minimum payment to us when due.If your Account becomes subject to what you believe is wrong and why you believe it is a mistake. the Penalty APR,we will provide advance notice before the new Penalty APR You must contact us within 60 days after the error appeared on your statement. goes into effect.If you make the next six consecutive minimum payments You must notily us of any potential errors in writing.You may call us,but if once the Penalty APR Iggoes into effect,your rates will return to the non- ese six have to pay the amoou do we are not unt in qt estion ligate any potential errors and you may consecutive miRs nimiumbpayme to ents,our we may kecount.If ep the ou oPenalty APR not make hon your While we investigate whether or not there has been an error,the following Account indefinitely. e are true: Foreign Transaction Fee:A 3%Foreign Transaction Fee will be assessed • We cannot try to collect the amount in question,or report you as on the U.S.dollar amount on transactions made in a foreign currency. delinquent on that amount. Card Renewal Annual Fee:An Annual Fee may apply to your Account.If • The charge in question may remain on your statement,and we may your Annual Fee is billed annually,you can avoid paying the fee if you call and continue to charge you interest on that amount.But,if we determine close your Account within 30 days of being billed.You may continue to use that we made a mistake,you will not have to pay the amount in question your Card during the 30 day period without paying the fee.If your fee is billed or any interest or other fees related to that amount. monthly,when you call and close your Account due to the Annual Fee charge, While you do not have to pay the amount in question,you are responsible that month's fee will be credited back to your Account. • for the remainder of your balance. About Your Payment:You agree to pay at least the Minimum Payment Due • We can apply any unpaid amount against your credit limit. in time to be credited to your Account as of the Payment Due Date.You may Your Rights if You Are Dissatisfied With Your Credit Card Purchases pay more than the Minimum Payment Due,and you may pay the entire New Balance at any time. If you are dissatisfied with the goods or services that you have purchased Payments should be mailed with a single coupon to the payment address with your credit card,and you have tried in good faith to correct the problem shown on the front of this billing statement.Payments must be made by a with the merchant,you may have the right not to pay the remaining amount single check or money order payable in U.S.dollars and drawn on a U.S. due on the purchase. Institution.Payments may also be made using our optional payment by phone To use this right,all of Ole following must be true: or online services using the phone number or Web address listed on the front 1.The purchase must have been made in your home State or within 100 of this billing statement.Payments received on any day at the payment miles of your current mailing address,and the purchase price must have address shown on the front by 5:00 p.m.in the time zone of such payment been more than $50.(Note:Neither of these are necessary if your address will be credited to your Account as of the date of receipt. Payments purchase was based on an advertisement we mailed to you,or it we own submitted by phone or online by 5:00 p.m.Pacific Time will be credited to the company that sold you the goods or services.) yourAccount as of the date of receipt.All payments received after 5:00 p.m. 2.You must have used your credit card for the purchase.Purchases made of the time zone indicated will be credited the next day.A processing fee may with cash advances from an ATM or with a check that accesses your credit apply to agent assisted phone payments.Crediting payments to your Account card account do not qualify. may be delayed up to five days if the payment is not made as described 3.You must not yet have fully paid for the purchase. above, or, is not mailed to and received at the address provided for If all of the criteria above are met and you are still dissatisfied with the remittance;is not accompanied by the payment coupon;is received in an purchase,contact us in writing at the billing inquiries address on the envelope other than the envelope provided for remittance;is stapled,folded, front of this billing statement. or paper clipped;or includes multiple payment coupons or checks.Requests While we investigate,the same rules apply to the disputed amount as for credit balance refunds should be mailed to the inquiry address shown on discussed above.After we finish our investigation,we will tell you our the front of your billing statement. decision.At that point,if we think you owe an amount and you do not pay By sending us a check for payment on your Account,you authorize we may report you as delinquent. us to make a one time electronic funds transfer(EFT)from your bank How to Avoid Paying Interest on Purchases(Grace Periods on Credit account or to process the payment as a check transaction.When we Card Purchases):Periodic Interest Charges begin to accrue on the date of use information from your check to make an EFT,funds may be withdrawn the transaction and continue to accrue until your balance is paid in full.However, from your account as soon as the same day we receive your payment,and if you pay your entire New Balance shown by the Payment Due Date in the you will not receive your check back from your financial institution.If you do previous month,you can pay your current month's New Balance by the Payment not want your checks to be converted to an EFT,please call customer service Due Date without being assessed an Interest Charge on your purchases. at the phone number on the back of your card. Paying Interest on Other Transactions(No Grace Period on other yPayment by Phone:When you use our optional payment by phone service, transactions):There is no Grace Period for other transactions including be authorize us to initiate an electronic funds transfer from your designated cash advances,balance transfers,and credt card checks.Periodic Interest ank account or to process the payment as a check transaction.You must Charges begin to accrue on the date of the transaction,and continue to authorize the amount and timing of each payment. Please retain this accrue until payment in full is credited to your Account. authorization for your records. How We Calculate Interest Charges:We calculate the periodic Interest Hearing Impaired:Ifyyou are hearing impaired,call Telecommunications Charge on your Account by multiplying the applicable Daily Periodic Rate by Devices for the Deaf(rDD/TTY)at the phone number listed on the front of the Average Daily Balance for each category of transactions shown on your this billing statement. billing statement(e.g.,purchases,balance transfers,cash advances);the Negative Credit Bureau Reporting:We may report information about results are then multiplied by the number of days in the billing cycle.You your Account to credit bureaus.Late payments,missed payments,or other can determine your Daily Periodic Rate by dividing the APR by 365. defaults on your Account may be reflected in your credit report.If any Determining the Daily Balance:We take the beginning balance for each specific information related to your Account, transactions or credit category of transactions each day,add any new transactions,any previous experience with us is inaccurate,you may notify us and request us to correct day's periodic Interest Charges,any assessed fees and charges,and subtract the inaccurate information(after confirmation of the alleged error)reported any payments and/or credits.If your Account is subject to a grace period to any credit reporting agency by writing to us at P.O.Box 5253,Carol during the billing cycle,payments made during that cycle will be subtracted Stream,IL 60197-5253. from all Daily Balances in the current cycle.If a transaction for a returned Debt Collection:We are required by law,if applicable,to notify you that we payment or a dispute resolved in our favor posts after the beginning of the are attempting to collect a debt,and any information obtained will be used billing cycle,the applicable Daily Balance(s)and any related Interest Charge for that purpose. calculations will be adjusted retroactively to include the transaction amount 01 CU5994-4-01/19/11 as of the date of the original transaction. 02010 Card Services Inc. To ensure accuracy, please print neatly using uppercase letters and numbers only! If you've filled in a new address and/or phone number,be sure to check the box on the reverse side of this payment coupon. I Change of address form. I Street Number(i1 airy) Street Nam or or thleI�worrdAs'P IO Box- I 'm�I ' II Unit or PO Brox NTr�'�umberrp�II�nII F1 EE ❑l�ME-1EU�J❑=m ==EJ Clry , IStateT' � 7Jp EmallAddress ❑❑❑❑❑❑❑❑❑❑❑❑❑❑�❑❑❑❑� 1=❑ Home Phone(Prlmary) Work Phone(Primary) 01:11:1/01:11:1-00= ❑❑❑T❑❑❑-❑❑❑❑ ❑ i Mobile Phone I Work Phone(Secondary) a' ❑❑❑/ }©❑❑-❑❑M ❑❑❑�❑❑❑-❑❑❑❑ i'� j SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff llifert Jody S Smith c Atv Chief Deputy } Richard W Stewart ,1 ; v Solicitor :�. w;, �� 01"t OFEWA `tt Uvi $ r`, Portfolio Recovery Associates, LLC Case Number vs. 2014-3547 Debora A Satrain SHERIFF'S RETURN OF SERVICE 06/16/2014 12:40 PM- Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Carol Martupin, Mother, who accepted as"Adult Person in Charge"for Debora A Satrain at 91 Queen Avenue#91, East Pennsboro, Enola, PA 17025. #,94 / WILEPUTY SHERIFF COST: $44.95 SO ANSWERS, June 17, 2014 RONR 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. DEBORA A SARTAIN 91 QUEEN AVE # 91 ENOLA PA 17025 Date: Defendant 15-72731 Filed on Counse No. 14-3547 CIVIL PRAECIPE FOR DEFAULT JUDGMENT laintiff rd for this P . 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 Lo, sod, ej.;.11 sW I� �InoaS T. his communication is from a debt collector is an attempt to collect a debt. 1. Any infonrkation obtained will be used for that purpose. (A1/2.‘ i ,�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 v. DEBORA A SARTAIN 91 QUEEN AVE # 91 ENOLA PA 17025 Defendant No. 14-3547 CIVIL PRAECIPE FOR DEFAULT JUDGMFNI' Please enter Judgment in Favor of Plaintiff and against Defendant, DEBORA A SARTAIN, for failure to answer the Complaint. (X) Amount Due $1,427.13 Less Credits $.00 TOTAL $1,427.13 (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) 15-72731 Pursuant to PAR.C.P.231.1, I certify that a written notice of intention to f - this praecipe was mailed or delivered to the par' a_;inst whom judgment e entered and to his/her attorney of record, if any aft- e default occurred ast ten days prior to the date of the filing of this p 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 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. DEBORA A SARTAIN 91 QUEEN AVE # 91 ENOLA PA 17025 Plaintiff No. 14-3547 CIVIL 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 $1,427.13. (X) A copy of all documents filed with the Prothonotary in support ohe witljudgei t is/are attached. If you have any questions regarding this Not 15-72731 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) July 7, 2014 DEBORA A SARTAIN 91 QUEEN AVE # 91 ENOLA PA 17025 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. DEBORA A SARTAIN 14-3547 CIVIL Dear DEBORA A SARTAIN: Enclosed herein please find a 10 -Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. 15-72731 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 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 v. DEBORA A SARTAIN 91 QUEEN AVE # 91 ENOLA PA 17025 Plaintiff No. 14-3547 CIVIL Defendant TO: DEBORA A SARTAIN 91 QUEEN AVE # 91 ENOLA PA 17025 DATE OF NOTICE: July 7, 2014 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. 15-72731. 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. DEBORA A SARTAIN 91 QUEEN AVE # 91 ENOLA PA 17025 Defendant No. 14-3547 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 knowledge, information and belief, the above named Defendant, is over 21 years of age; is last known to reside at 91 QUEEN AVE # 91 ENOLA PA 17025 and is not in the military service of the United States or its Allie the Service Members Civil Relief Act and its Amendments. 15-72731 erwise within the provis. 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 Status Report Pursuant to Servicernernbers Civil. Relief Act Last Name: SARTAIN First Name: DEBORA Middle Name: A Active Duty Status As Of: Jul -25-2014 Results as of : Jul -25-2014 05:02:53 PM SCRA 3.0 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 theActive:Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date I Status Service Component NA .• ': NA .. . `,' No NA This response reflects where'ttie Individual leff active duty status:wlthin 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duly on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA::;NA';.:,,. r: t4 NA NA This response reflects whether the individual or his/her unit has received early notificatidnto report for active duty Upon searching the data banks of the Department of Defense Manpower. Data Center based ori 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. v�. 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 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: JBV0331 EWOCCDOO