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HomeMy WebLinkAbout14-5253 Supreme Count o :-Pennsylvania CourtomAnon Pleas ©, t► ��? y r S,IA N I CIv>lo�velS "et 1C►orket o l , CUNLBE County -' The information collected on this form is used solely,for court administration purposes. This form does not supplement or replace thefiling and service of lendings or other a ers as required by law or rules o court. Commencement of Action: ®Complaint ❑ Writ of Summons ❑Petition Ek` ' ❑ Transfer from Another Jurisdiction []Declaration of Taking Lead Plaintiff's Name: Lead-Defendant's Name: " PORTFOLIO RECOVERY ASSOCIATES,LLC CANDACE POLK Are money damages requested?® Yes El 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 A�` Name of Plaintiff/Appellant's Attorney:Robert N.Polas,Jr./Carrie Brown/Mark R.Garvey \ ❑ Check here if you have no attorney(are a Self-Represented[Pro Sel Litigant) Nature of the Case: Place an "X"to the left of the ONE case category that most accurately describes your PREWAR CASE. If you are making more than one type of claim, cheek the one that you consider most important. d TORT(do not include Mass Tort) CONTRACT(do not includeJudgmmis) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Board of Assessment ❑ Motor Vehicle 0 Debt Collection:Credit Card ❑ Board of Elections ❑ Nuisance 0 Debt Collection:Other ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other ❑ Product Liability(doer not include ❑ Employment Dispute: moss tort) Discrimination � [i Zoning Board ❑ Slander/Libel/Defamation ❑ Employment Dispute:Other ❑ Other: ❑ Other: \ r`•ai MASS��RT _ ❑ Other: ❑ Asbestos jw11 a ❑ Tobacco REALPROPERTY ❑ Toxic Tort-DES MISCELLANEOUS ❑ Ejectment ❑ Common Law/Statutory Arbitration j ❑ Toxic Tort-Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ Other: ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations y ❑ Mortgage Foreclosure:Residential Restraining Order ❑ Mortgage Foreclosure:Commercial ❑ Quo Warranto PROFESSIONAL LIABILITY Partition ❑ Replevin F1 Dental ❑ Quiet Title ❑ Other: ❑ Legal E] Other: ❑ M edical ❑ Other Professional: — 16-41794 Robert N. Polas, Jr., Esquire PA Bar#201259 Carrie Brown, Esquire PA Bar#94055 Mark R. Garvey, Esquire PA Bar#312686 Portfolio Recovery Associates, LLCl4!`/ t" `Tit: l r�E 120 Corporate Blvd PRO T110 NOTA i Norfolk VA 23502 2014 TELE:1- 866 428-8102 SEP -9 AH 1 i: 2 3 FAX:(757) 518-0860 CUMBERLAND Attorneys for Plaintiff PENNs Yl VACH01UN T Y 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. CANDACE POLK 17 E KING ST SHIPPENSBURG PA 17257 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 16-41794 otm� IIS, 7! a� This communication is from a debt collector and is an attempt to collect a debt. c�# S�vod aq, Any information obtained will be used for that purpose. 31 b Robert N. Polas, Jr., Esquire PA Bar#201259 Carrie Brown, Esquire PA Bar#94055 9 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 HIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION- LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Demandante, No. V. CANDACE POLK 17 E KING ST SHIPPENSBURG PA 17257 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 acc ion 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 juzgarmento 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 LAMVIE 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 16-41794 (717)249-3166 Esta ccnntuaicacion es de un cobrad«r de deudas y es un intent do cobrar una deuda. (`ualcluie.r fruli.nida para ese propos:ito. 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. CANDACE POLK 17 E KING ST SHIPPENSBURG PA 17257 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, CANDACE POLK, is an adult individual with last known address of 17 E KING ST, SHIPPENSBURG PA 17257. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK/WAL-MART on March 6, 2011 with account number ************6020(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 conilntmication is from a debt Collector and is ani attempt to collect a debt. Am in:foraxntioti obtami ec Neill.be used fog-that purl-)ose. ,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 February 25, 2013. 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$994.17. 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, CANDACE POLK, in the amount of$994.17, plus costs is ction and any other relief as the Court deems just and reasonable. Ca Brown, Esquire, #94055 Robert N. Polas, Jr., Esquire, #201259 Mark R Garvey, Esquire, #312686 Attorneys for Plaintiff 16-41794 This con7mwiication is from a debt collector and is an attempt to collect a debt, Any inf6ri tion obtained w.111.be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Meryl Dreano 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. Date: AUG 112014 By4a" Meryl Drean® Custodian of Records 16-41794 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. XHIBI A This comms nication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. v,t3 UO GE Capttp BILT�of SALE P 1RA PLCO Fresh-Novemlier:2t)13 For value received and in further consideration.ofthe-mutual covenants and:conditions set:forth in the Forward Flow Receivables Purchase.Agreement(the"Agreement"),dated as of this 9'h day:of July,.2013 by,and between General.Electric Capital.Corporation;.GE Capital Retail Bank,GEMB Lending,:Inc.;Monogram Credit .. : : . Services.j.L.L.C.,.RFS Holding,LL.C,,.and.GEM Holding;L.L.C. (collectively"Seller'').arid 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 November 20,ZOl3,and.as further described in.the:Agreement. GE Capital Retail Bank P Monogram Credit Services,L.L.C. By- By; ICen Wojcik . . .e Attorney.in Fa Ken Wojcik .. Title: EVP Collections&Recovery l . 1 Date:. Date: RFS Holding, L.L;C General Electric Capital Corporation By: zt . : By: . q. Attorney in Fact en Wojcik Attome rn.:Fact en Wo'cik J Date: _ (�, f .. t. Date !off • E -: (772 GEM Holding,L.L.C. GEMB:Lending, Inc. By:: By: U� - A By: - Attorney in Fac en Wojcik . Attorn in Fact en Wo"cilc Date: . . ey . : . .. . J l :�( [. :. Date (Z> Portfolio Recovery Associ. By: C � ' Title::. �`i.�n 14 - Waimart ,. Save money.Live better. U Waimart® CANDACE M POLK Visit us atwalmart.com/credit Credit Card Account Number: 6020 Customer Service:1-800-641-4526 Summary of Account Activity Payment Information Previous Balance $994.17 New Balance $0.00 -Other Credits $994.17 Amount Past Due .$0.00 New Balance $0.00 Total Minimum Payment Due $339.00 Payment Due Date 10/13/2013 Credit Limit $700 Late Payment Warning:lf we do not receive your minimum Available Credit $0.00 payment the date listed above,you may have to pay a late $3 Cash Advance/Quick Cash Limit $140 fee up to$35.00. Available Cash $0.00 Statement Closing Date 10/11/2013 Days in Billing Cycle 30 Transaction Summary Tran Date Post Date Reference Number Description of Transaction or Credit Plan Type Amount 10/11 10/11 F9112008WO0999990 CHARGE OFF ($682.44) ACCOUNT-PRINCIPALS 10/11 10/11 F9112008WO0999990 CHARGE OFF ACCOUNT'FINANCE ($311.73) CHARGES' FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED 10/11 10/11 INTEREST CHARGE ON PURCHASES $0.00 10/11 10/11 INTEREST CHARGE ON CASH $0.00 ADVANCES TOTAL INTEREST FOR THIS PERIOD $0.00 2013 Totals Year-To-Date Total Fees charged in 2013 $252.50 Total Interest charged in 2013 $137.30 Total Interest Paid in 2013 $31.45 Interest Charge Calculation Your Annual Percentage Rate(APR)s the annual interest rate on your account. Type of Balance Expiration Plan Annual Percentage Balance Subject to Interest Charge Date Type Rate Interest Rate Regular Purchases&Cash NA REG 22.90%(v) $0.00 $0.00 Advances 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. Important Information about the 50 off per gallon gas discount available with the use of a consumer WalmarM Credit Card or Walmart®Discover®card at participating Walmart®gas stations:For purchases made in Alabama and Florida,the 50 discount will appear as a credit on your next statement. 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 BPH 1 3 10 131011 Z x PAGE 1 of 1 9112 1400 0203 010(75404 Detach and mail this portion with your check.Do not include any correspondence with your check. —I Waimart ML' gb, y Account Numb 6020 Total Minimum Amount Pa ment Due Overli nce Save money.Live better. Payment Due Past Due Date Amount L. $339.00 $0.00 10/13/2013 $0.00 $0.00 Payment Enclosed:Please ❑❑❑❑ ❑ ■ ❑❑ II�IIIIIII�Iillli III II II I IIIIIII�III�III�i III I�IIII II�IIIII IIII se blue or black ink. New address or email?Print changes on back. CANDACE M POLK 17 E KING ST SHIPPENSBURG PA 17257-1330 Make Payment To:WALMART/GECRB P.O.BOX 530927 - ATLANTA,GA 30353-0927 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE PR.OIHONO 2014 OCT -1 PM 2: 31 CUMBERLAND COUNT ‘l PENNSYLVANiA o I Climber/0,10 *44- OTC.ICE OF 'THE SHERIFF Portfolio Recovery Associates, LLC vs. Candace Marie Polk Case Number 2014-5253 SHERIFF'S RETURN OF SERVICE 09/29/2014 03:05 PM - Served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Candace Marie Polk at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. ReN;QR. ANDERSON, SHERIFF SHERIFF COST: $50.60 SO ANSWERS, September 30, 2014 (e) CountySuite Sheriff, Toleosoft, Inc. RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTTOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff v. CANDACE POLK 17EKINGST SHIPPENSBURG PA 17257 Defendant Date: (//d7OY 16-41794 No. 14-5253CIVIL PRAECIPE FOR DEFAULT JUDGMENT Filed on Behalf of Plaintiff Couns - W . Record for this Robert N. Polas, Jr., Esquire, # 201259 Carrie A Brown, Esquire,. #94055 Mark R. Garvey, Esquire, # 312686 Gregory J. Babcock, Esquire, #205061 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 de 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. CANDACE POLK 17 E KING ST SHIPPENSBURG PA 17257 Defendant No. 14-5253CIVIL PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant, CANDACE POLK, for failure to answer the Complaint. (X) Amount Due $994.17 Less Credits $.00 TOTAL $994.17 (X (X) (X) 16-41794 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. 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 party against whom judgment is to be entered and to his/her attorney of record, if any, after the default occu d and at least ten days prior to the date of the filing of this • . - '1; and a copy of s - otice is attached. Robert N. Polas, Jr., Esquire, # 201259 Carrie A Brown, Esquire, # 94055 Mark R Garvey, Esquire, # 312686 Gregory J. Babcock, Esquire, #205061 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 Plaintiff No. 14-5253CIVIL v. CANDACE POLK 17 E KING ST SHIPPENSBURG PA 17257 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 $994.17. (X) A copy of all documents filed with the Prothonotary in suilvt of the within judgment is/are attached. If you have any questions regarding this Notice 16-41794 ert N. Polas, Jr., Esquire, # 201259 Carrie A Brown, Esquire, # 94055 Mark R Garvey, Esquire, # 312686 Gregory J. Babcock, Esquire, #205061 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) October 20, 2014 CANDACE POLK 17 E KING ST SHIPPENSBURG PA 17257 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. CANDACE POLK 14-5253CIVIL Dear CANDACE POLK: Enclosed herein please find a 10 -Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. 16-41794 Sincerely, Robert N. Polas, Jr., Esquire Carrie A. Brown, Esquire Mark R. Garvey, Esquire Gregory J. Babcock, Esquire Attorney ID #201259/94055/312686/205061 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 No. 14-5253CIVIL v. CANDACE POLK 17 E KING ST SHIPPENSBURG PA 17257 Defendant TO: CANDACE POLK 17 E KING ST SHIPPENSBURG PA 17257 DATE OF NOTICE: October 20, 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. 16-41794 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 Gregory J. Babcock, Esquire Attorney ID #201259/94055/312686/205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff This conuuunication 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. CANDACE POLK 17 E KING ST SHIPPENSBURG PA 17257 Defendant No. 14-5253CIVIL 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 17 EKING ST SHIPPENSBURG PA 17257 and is not in the military service of the United States or its Allies, or otherwise within the provisions of the Service Members Civil Relief Act and its Amendments. 16-41794 Robert N. Polas, Jr., Esquire, #201259 Carrie A Brown, Esquire, #94055 Mark R. Garvey, Esquire, #312686 Gregory J. Babcock, Esquire, #205061 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 Sery eemembers Civil Relief Act Last Name: POLK First Name: CANDACE Middle Name: Active Duty Status As Of: Nov -07-2014 Results as of : Nov -07-2014 04:41:32 PM SCRA 3.0 Left Active Duty Within 367 D On Active Duty On Active Duty -Status Date • Adree Duty Start Date Active Duty End Date - : Status . ' ' Service Component - . NA ' ... No ... NA NA • : .. This response reflects ttieindividuals' active duty status based.onthe'Active Duty Status Date - Left Active Duty Within 367 D of Active Duty Status Date Active Duty Start Date :Active Duty End Date Status Service Component NA - .. NA ' ... No ... NA This response reflects wftere'the individual left active duty.status vrithin 387 -days preceding the Active'Duty Status Date The Member or His/Her Unit Was Notified of a -Future Call -Up to Active Duty on Active Duty Status Date . - " Order Notification Start Date Order Notification End Date - Status ' • Service Component NA ..NA`::: .. . .No .:.::., .. - - NA This response reflects whether the individual or his/her unit has received early notifiration'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, NOAH, 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: httpi/wwv.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC '§ 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Tale 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: 5FA0Z156E079XDO