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HomeMy WebLinkAbout14-5264 Supri'me Cour"'. f.Pennsylvania �Lour;i1wCM-oUbn Pleas For Prothonotary Use Only: TIME STAMP C' Ve 1_; " 'e t Docket No: cum County The in formation collected on this form is used solely for count administration purposes. This form does not supplement or replace thefiling and service of pleadings or otherpapers as required by law or rules of court. Commencement of Action: Sj [N Complaint E] Writ of Summons FlPetition E n Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T PORTFOLIO RECOVERY ASSOCIATES,LLC TYLER PHILLIPS 0 Are money damages requested?19 Yes 0 No Dollar Amount Requested: X within arbitration limits N I (Check one) outside arbitration limits Is this a Class Action Suit? 0 Yes 0 No I Is this anAMJAppeal? DYes ®No Name of PlaintifflAppeDants Attorney Robert N.Polas,Jr./Carrie Brown/Mark R.Garvey [3 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 n Intentional E3 Buyer Plaintiff Adininistrative Agencies M Malicious Prosecution n Board of Assessment F-1 Motor Vehicle 0 Debt Collection:Credit Card n Board of Elections F-1 Nuisance 0 Debt Collection:Other n Dept.of Transportation M Premises Liability 0 Statutory Appeal:Other E] Product Liability(does not include S mass tort) El Employment Dispute: E F-1 S hrider/LibeVDefamation Discrimimlion n Zoning Board C F1 Other: E3 Employment Dispute:Other j-1 Other: T MASS TORT E] Other: 0 F1 Asbestos N n Tobacco E] Toxic Tort-DFS REAL PROPERTY MISCELLANEOUS n Toxic Tort-Implant C3 Ejectment 0 Common Law/Statutory Arbitration B r-1 Toxic Waste 0 Eminent Domairt/Conden-mation n Declaratory Judgment r-1 Other: F-1 Ground Rent n Mandamus Ei Landlord/Tenant Dispute E] Non-Domestic Relations C3 Mortgage Foreclosure:Residential Restraining Order • Mortgage Foreclosure:Commercial [I Quo Warranto • Partition Cj Replevin PROFESSIONAL LIABILITY 0 Quiet Title ri Other: 0 Dental F-1 Other: E3 Legal Fj Medical n Other Professional: 16-37542 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 Ftcl]T14O� pT�' Norfolk, VA 23502 SEP _9 TELE: 1-866-428-8102r FAX: (757) 518-0860 CUt"L ERL IitiD C Attorneys for Plaintiff EMYS YLV�rOUNT`r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 No. � J Plaintiff, V. TYLER PHILLIPS 208 S LOCUST ST y CAMP HILL PA 17011 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 5 (717) 249-3166 1 A 16-37542 � �A4 � �f S, 7S ?A C'"%wq ?.* '-� 00035 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Robert N. Polas, Jr., Esquire PA Bar#201259 .Carrie Brown, Esquire PA Bar#94055 Mark R. Garvey, Esquire PA Bar#312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk;VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff ------------ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 1.20 CORPORATE BLVD NORFOLK, VA 23502 Demandante, No. V. TYLER PHILLIPS 208 S LOCUST ST CAMP HILL PA 17011 Demandado. NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta]a demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dial 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 or 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 16-37542 (717)249-3166 Esta co.mwucacion es de un cobrador de deudas y es un intent do cobrar una deuda. Ctialquie.r.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 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. TYLER PHILLIPS 208 S LOCUST ST CAMP HILL PA 17011 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, TYLER PHILLIPS, is an adult individual with last known address of 208 S LOCUST ST, CAMP HILL PA 17011. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK/WAL-MART on November 15, 2012 with account number ************5893 (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 from a debt collector and is an attempt to collect a debt. Any inl:orrnation 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. 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$1,479.29. 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, TYLER PHILLIPS , in the am of$1,479.29, plus c o t action and any other relief as the Court deems just and reas able Carne A. Brown, Esquire, #94055 Robert N. Polas, Jr., Esquire, #201259 Mark R. Garvey, Esquire, #312686 Attorneys for Plaintiff 16-37542 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, hereby states that he/she is authorized to take this verification on arty J. Andrews 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: p,�G 14104 Larry J. Andrews Custodian of Records 16-37542 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 communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. UgCI0o 330433 9612 GE CAPITAL RETAIL BAN 11:54:25a.m. 08-21-2013 4118 UO GL Capital BILL of SALE PRA PLCC Fresh-July 2013 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement(the"Agreements'),dated as of this l lt"day of July,2013 by and between General Electric Capital Corporation,GE Capital Retail 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 July 22,2013,and as further described in the Agreement. GE Capital Retail Bank Monogram Credit Services,L.L.C. By: By: f Ken WojciU-)�—&k. Attorney in Fa en Wojcik Title: EVP Collections&Recovery,_., Date: Date: - t ,{ RFS Holding,L.L.0 General Electric Capital Corporation By: Attorney in Fact K n Wojcik By: og.t�_t3 Attorney in Fact Wojcik Date: Date: bg,!G -l75 GEM Holding,L.L.0 GEMB Lending,Inc. By: ---�— Attomey�inFact en Wojcik By WDate: 0$•r ,- {�_ �? Attorney in Fact K Wojcik Date: p8- b -t3 Portfolio Recovery Associates,LLC By: Gs Title: ' Walmart A�®. Save money.Live better. � A Walmarto TYLER M PHILLIPS Visit us at walmart.com/credit Discover Card AccountNumber�5893 Customer Service:/-866-314-9507 Summary of Account Activity Payment Information Previous Balance $1,479.29 New Balance $0.00 -Other Credits $1,479.29 Amount Past Oua $0.00 New Balance $0.00 Total Minimum Payment Due $411.00 Payment Due Date 06/21/2013 Credit Limit $1.200 Late Payment Waming:lf we do not receive your minimum Available Credit $0.00 payment by the date listed above,you may have to pay a late Cash Advance/Quick Cash Limit $240 fee up to$35.00. Available Cash $0.00 Statement Closing Date 06/19/2013 Days in Billing Cycle 28 Cash Earned Summary Cash News Previous Balance $0.00 Earning cash back with the Walmart®DiscoverO (+)Earned This Period $0.00 is easy! Simply use your card everywhere =Balance $0.00 Discover® is accepted.Remember every time you earn just$10,you will receive a check in your billing statement-it's automatic. Transaction Summary Tran Post Date Date Reference Number Description of Transaction or Credit Amount 06/19 06/19 F6210005AO0999990 CHARGE OFF ACCOUNT-PRINCIPALS ($1,194.62) 06119 06/19 F6210005AO0999990 CHARGE OFF ACCOUNT*FINANCE ($284.67) CHARGES` FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED 06/19 06119 INTEREST CHARGE ON PURCHASES $0.00 06/19 06/19 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2013 Totals Year-To-Date Total Fees Charged in 2013 $105.00 Total Interest Charged in 2013 $131.09 Total Interest Paid in 2013 $0.00 Interest Charge Calculation Your Annual Percentage Rate(APR)s the annual interest rate on your account. Type of Balance Expiration Date Annual Percentage Balance Subject To Interest Charge Rate Interest Rate Regular Purchases NA 22.90%(v) $0.00 $0.00 Cash Advances NA 25.90%(v) $0.00 $0.00 (v)=Variable rate Cardholder News and Information If your account has a deferred interest promotion and you would like us to apply a payment on your account to a specific balance,please call Customer Service to discuss options that may be available. PAYMENT DUE BY SPM /FTI QtI THE DUE DATE. NOTICE We may convert your payment into an electronic debit.See reverse for details,Billing Rights and other important information. 5404 aGH 1 3 19 130619 Z X PAGE 1 of 1 6210 1.100 A403 OlDF5404 —I Detach and mail this portion with your check.Do not include any correspondence with your check. Account Numbe�1 $ 5893 Walmart v e, Total Minimum Amount Payment Due Overlim Save money.Live better. Payment Due Past Due Date Amou $411.00 $0.00 06121/2013 $0.00 Payment Enclosed: $ ❑❑❑❑ ❑Please ■ ❑❑ I�I���IIIIIAIII�Il�ll6ll�Gl�����lll�l�llll�IIIIIII�II�IIIII use blue or black ink. New address or email?Print changes on back. TYLER M PHILLIPS 208 S LOCUST ST CAMP HILL PA 17011-6765 Make Payment To:WALMART DISCOVER/GECRB PO BOX 960024 ORLANDO,FL 32896.0024 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFF CF, OF 11*, SRER1FF �1� -|•���` HE.��DTi�������>� 71ri SFP 30 3: (7 CUMocR/I'M C�H�_v PFNNS YLV8N)-� ' Portfolio Recovery Associates, LLC (et al.) vs. Tyler Phillips Case Number 2014-5264 SHERIFF'S RETURN OF SERVICE 09M9C2014 04:25 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Nancy Click, N1other, who accepted as "Adult Person in Charge" for Tyler Phillips at 208 S. Locust Sbeat, Lower Allen, Camp Hill, PA 17011. DAWN KELL, DEPUTY 09/22/2014 06:24 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Nancy Click, Defendant's Aunt, who accepted as "Adult Person in Charge" for Tyler Phillips at 208 S. Locust Street, Lower Allen, Camp Hill, PA 17011. " ,.~~~_°L DAWN KELL, DEPUTY SHERIFF COST: $81.90 SO ANSWERS, September 22, 2014 (h1CountySelie Sheriff, Toleosoft, inc. RONNYRANDERSON, 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. TYLER PHILLIPS 208 S LOCUST ST CAMP HILL PA 17011 Defendant Date: (l /, 16-37542. No. 14-5264CIVIL c). n PRAECIPE FOR DEFAULT c:. -„ -- 4 JUDGMENT -r -It � r ` _ . rn -,re�tri 7 C) rJ -- C', i Filed on Behalf of Plaintiff Counsel of : _ : ,. for this Party 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 X1101� c631} C�,1t loogS.3 "fzkt- 3i4o2a� wAi_k 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. 14-5264CIVIL v. TYLER PHILLIPS 208 S LOCUST ST CAMP HILL PA 17011 Defendant PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of. Plaintiff and against Defendant, TYLER PHILLIPS, for failure to answer the Complaint. (X) Amount Due $1,479.29 Less Credits $:00 TOTAL $1,479.29 (X (X (X) 16-37542 I certifythat the foregoing assessment of damages is for specified amounts alleged tobe 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 PARC.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 • - the default occurred an.. eas ten days prior to the date of the filing of th. a e and a copy of e .,, ached. 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 v. TYLER PHILLIPS 208 S LOCUST ST CAMP HILL PA 17011 Plaintiff No. 14-5264CIVIL 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 $1,479.29. (X) A copy of all documents filed with the Prothonotary in support the wi attached. If you have any questions regarding this N 16-37542 BY: contt t Cs 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. PORTFOLJO 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 13, 2014 TYLER PHILLIPS 208 S LOCUST ST CAMP HILL PA 17011 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS.' TYLER PHILLIPS 14-5264CIVIL Dear TYLER PHILLIPS: Enclosed herein please find a 10 -Day Notice pursuant to Rule 237. I of the Pennsylvania Rules of Civil Procedure. 16-37542 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 CML ACTION— LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff v. TYLER PHILLIPS 208 S LOCUST ST CAMP HILL PA 17011 Defendant TO: TYLER PHILLIPS 208 S LOCUST ST CAMP HILL PA 17011 DATE OF NOTICE: October 13, 2014 IMPORTANT NOTICE No. 14-526401 VI L 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. 16-37542 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 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. TYLER PHILLIPS 208 S LOCUST ST CAMP HILL PA 17011 Defendant No. 14-5264CIVIL A1h'N'1RMATION 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 208 S LOCUST ST CAMP HILL PA 17011 and is not in the military service of the United States or its Allies, or otherwise within the pr the Service Members Civil Relief Act and its Amendments. 16-37542 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. 12-81569 -- Pleading Failed Reason: XDISPUTE on account, no XDSPRSLV. 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 Serviceinembers Civil. Relief Act. Last Name: PHILLIPS First Name: TYLER Middle Name: Active Duty Status As Of: Nov -07-2014 Results as of : Nov -07-2014 05:42:22 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 .. .:14..... NA This response reflects the individuals' active duty status based on the'Active Duty Status Date • Left Active Dirty Within 367 D 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 duty.status within 387days 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 .rJ%:, { - NA This response reflects whether the individual or hisTher unit has received early notifrcation'to report for active duty Upon searching the data banks of the Department of Defense Manpower Data :Center; based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed'Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard)., This status includes information on a Servicemember or his/her unit receiving notification of future orders -to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was'on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: httpl/www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response -reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 6FN6F166907A0C0