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Home My WebLink About14-6173 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: / Cumberland County q, � (// The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking S E Lead Plaintiff's Name: Lead Defendant's Name: NOY VILAYCHITH C PORTFOLIO RECOVERY ASSOCIATES LLC Are money damages requested? ® Yes ❑No Dollar Amount Requested: ® within arbitration limits (Check one) ❑ outside arbitration limits O N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑Yes ® No A Name of Plaintiff/Appellant's Attorney: SYretta Martin, Frank Janello, Beth Arnold Howell, Kami S. Miller, Christoph r Titus ❑ Check here if you have no attorney (are a Self-Represented [Pro Se]Litigant) Nature of the Case:Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E ❑ Product Liability (does not include mass tort) ❑Employment Dispute: C ❑ Slander/Libel/Defamation Discrimination T ❑ Other: ❑Employment Dispute: Other ❑ Zoning Board I ❑ Other: 0 N 13Other: MASS TORT ❑ Asbestos ❑ Tobacco B ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partion ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 11112q._ 2875537 PPTXCPRI(07/18/201.4) 11111111111111111111111111111111111111111111111111111111111111 IIII 11111 IIII Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, . 1835 Market Street, Suite 501 PORTFOLIO RECOVERY ASSOCIATES LLC Philadelphia, PA 19103 800-850-1079 PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, y .. CIVIL ACTION 2 Y' VS. No. , —VL' J U NOY VILAYCHITH 504 W KELLER ST MECHANICSBURG PA 17055 Defendant. : .. - ; GO NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 800-990-9108 2875537 PPTNPRAI (04/24/2014) �1111111111111111111111111111111111111111111111111111111111111IN111IIIIII 3la��S 7 AVISO Le han demandado a usted en la corte. Si usted quiere defen derse de estas demandas expuestas en las paginas siguientes, usted tiene veinte dias de plazo al partir de la fecha de la demanda y la notificacion. Hase falta ascentar una comparencia escrita o en persona o con un aboga do y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisa do que si usted no se de fiende la corte tomara medidas y puede continuar la demanda en contra suva sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propieda des u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 800-990-9108 Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Kami S. Miller, Esq. PA Bar #78590 Christopher Alan Titus, Esq. PA Bar #315746, Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 800-850-1079 FAX: (215) 564-3818 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. NOY VILAYCHITH 504 W KELLER ST MECHANICSBURG PA 17055 Defendant. COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 120 Corporate Blvd., Norfolk, VA 23502. 2. Defendant(s), NOY VILAYCHITH, is/are an adult individual with last known address of 504 W KELLER ST MECHANICSBURG PA 17055. 3. It is averred that Defendant(s) opened an account on 10-22-08 with account number XXXXXXXXXXXX7526 (hereafter referred to as "Account"). A copy of the Defendant(s) statement is attached hereto and collectively marked as Exhibit "A". 4. By using the Account, Defendant(s) agreed to repay any incurred balances, charges and/or cash advances made to the Account. Failure to pay Defendant(s) incurred charges on the Account is considered a default. 2875537 PPTCPRAI (07/18/2014) 1111111111111 IN 111111 11111111111111111111111111111111111111111111111 IN 5. At all relevant times material hereto, Defendant(s) has used said Account for the purchase of products, goods, and/or for obtaining services. 6. Defendant(s) was provided with copies of Account statements showing debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant(s). 7. Defendant(s) was in default with respect to that debt for failure to make the required payments on the Account. The last payment date on this Account was on or about 09-28-2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest of CAPITAL ONE BANK(USA), N.A./METRIS and Plaintiff is now the holder of the Account. A true and correct copy of Plaintiff's Verification is attached hereto. 9. As of the date within the Complaint, the remaining balance due, owing and unpaid of Defendant(s) Account, as a result of Defendant(s) and/or any authorized user's of said Account is in the sum of $4788.98. 10. Despite reasonable demands for payment, Defendants) has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all of the damage and detriment of the Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of Plaintiff and against Defendant(s) NOY VILAYCHITH, in the amount of $4788.98, plus costs of this action and any other relief as the Court deems just and reasonable. Respectfully Submitted, Dated: � l� Syretta Martin sq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Kami S. Miller, Esq. PA Bar #78590 Christopher Alan Titus, Esq. PA Bar #315746 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 800-850-1079 FAX: (215) 564-3818 Attorneys For Plaintiff BHLM REF #: 2875537 VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Tamara Bond I 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. AUG 2 2 2014 Date• BY Tamara Bond Custodian of Records BHLM REF #: 2875537 PPTXPVRI (05/27/2014) Exhibit " A " 2875537 PPTXEXAI ( 04/17/2014 ) DIRECTMERCHANTS BANK Account Statement Account Number 7526 RY SBC August 03,2012 to September 03,2012 Page 1 of 1 Previous Balance $365.72 Credit Limit- $5,600.00 New Balance $4,845.98 Payments - $57.00 Credit Available $0.00 Minimum Payment Due $696.00 Other Credits - $0.00 Cash Advance Limit V $1,400.00 Payment Due Date 09/28/2012 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 09/0312012 date listed above, you may have to pay a late fee of up to$35 and your APRs Past Due Amount $610.00 Days in Billing Cycle 31 may be increased up to the Penalty APR of 50.00%. Fees Charged + $0.00 Minimum Payment Warning:If you make only the minimum payment Interest Charged + $37.26 each period,you will pay more in interest and it will take you longer to pay New Balance $4,845.98 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 19 Years $7565.00 \Cash Advance Limit is a portion of Total Credit Limit — $154.00 3Years $5548.00 Savin s=$2017.00 If you would like information about credit counseling services,call 1-866-569-2227. Questions? Payment Address:Payment Center,PO Bok 17319,Baltimore,MD 21297.1313 Customer Service: 800.379-7999 Billing Inquiries:Cardmember Services,PO Box 6894,Carol Stream,IL 60197-6894 Lost/Stolen Card: 800-379-7999 Manage Your account online at www.AccountCentralOnline.com Outside USA Collect: 904-997-4997 TDD/Headng Impaired: 877.902-0967Q, a #04 1 �' -°" 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®@areregistered 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 IMPORTANT ANNOUNCEMENT: Effective October 1,2012 we will no longer accept credit card payments at HSBC Bank Branches.We apologize for any inconvenience this may cause you.Please make your payments using any of these three easy methods: by mail,by phone,or online.The correct mailing address,phone number, and Web address for your account are listed on the front of this billing statement. For more information about making a payment, please review the instructions located on the back of this statement. EMS de n' , I> ' .t S 1 1 .le anal - Trans ,z .� TranstlDate Post Date Description of Transaction or Credit Reference Number Amount 08/31 08131 ONLINE PAYMENT-THANK YOU TULSA OK 8545800L42W6DR7G2 $57.00- RF° TOTAL FEES FORTHIS PERIOD $0.00 a RI NW. 1 09/03 09!03 Interest Charge on Purchases $37.26 09103 09103 Interest Charge on Cash Advances $0.00 TOTAL INTEREST FOR THIS PERIOD $37.26 Total Fees charged in 2012 $0.00 Total Interest charged in 2012 $336.50 ^ 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 9.00% $4,876.39 $37.26 NIA Cash Advances 9.00% $0.00 $0.00 N/A (v)=Variable Rate 5994 DOH 1 7 2 120903 0 ED PAGE 1 of 1 1 0 8800 1500 C275 OICU5994 DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT. SEEREVERSESIDE FOR IMPORTANT INFORMATION 7626 •To avoid an additional late fee,you Account Number: HSBC ;must pay the Minimum Payment Due New Balance 09$4,846.98 (which includes any Past Due Amount). Minimum Payment Due $696.00' .....................................................................: Payment Due Date 28/2012 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 ENCLOSED s[][:] FIR NOY VILAYCHITH 904 504 W KELLERST MECHANICSBURGPA 17055-3701 PAYMENTCENTER II'��Irlltnrllrr�ll��rlll'lllllri�r�rllll��rllrl�lll�l�r�rll PO BOX 17313 REM BALTIMORE MD 21297-1313 II111��'ll'�'I'I'�I'I��rrIII��I'I�rllr�lllltlr'�III�'I��II�'�I' New Address or Phone Number?Please check the box and enter your new information on reverse side 7526 What To Do if You Think You Find a Mistake on Your Statement Calculating the Balance Subject to Interest Rate:For each transaction If ydu 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 Penalty APR if you fail to make • Description of Problem:If you think there is an error on your bill,describe a minimum payyment 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 notify us of any potential errors in writing.You may call us,but if once the Penalty APR goes into effect,your rates will return to the non- you do we are not required to investigate any potential errors and you may penalty APRs applicable to your Account.If you do not make these six have o pay the amount in question. consecutive minimum payments,we may keep the Penalty APR on your Account indefinitely. While we investigate whether or not there has been an error,the following a 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 determine close your Account within 30 days of being billed.You may continue to use continue to charge you interest on that amount.But,if a that we made a mistake,you will not have to pay the amount in question your monthly, during the 11 day period without paying the fee.n 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, that month's fee will be credited back to your Account. • About Your Payment:You agree to pay at least the Minimum Payment Due for the remainder of your balance.While you do not have to pay the amount in question,you are responsible • 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 9 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 orderppayable 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 the 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 be in 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 bythe 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 yinitiateauthorize us to Payment by Phone:When you use our optional payment by phone service, transactions):There is no Grace Period for other transactions including banour designated k a cou t or toprocess the payment as transfer from c a checktra transaction.You must cash advances,balance transfers,and credit card checks.Periodic Interest authorize the amount and timing of each payment. Please retain this Charges begin to accrue on the date of the transaction,and continue to authorization for your records. accrue until payment in full is credited to your Account. Hearing Impaired:If you are hearing impaired,call Telecommunications How We Calculate Interest Charges:We calculate the periodic Interest Devices for the Deaf(TDD/TTY)at the phone number listed on the front of Charge on your Account by multiplying the applicable Daily Periodic Rate by this billing statement. the Average Daily Balance for each category of transactions shown on your 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 toany credit reporting 3agency by writing to us at P.O.Box 5253,Carol during the billing cycle,payments made during that cycle will be subtracted 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. o2o-io 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. Change of address form. Street Number(if any)�7 Street Name or the words"PO Box" �I 'iI�� I I�—,moi' Unit or—PO Box Number ❑ET TIM ❑0000❑❑❑❑❑❑W L_JLJ❑❑❑❑ city State zip LJLJ❑❑❑0❑❑❑❑❑❑❑0❑❑❑0❑❑ 0❑ 01:1000 Email Address Home Phone(Primary) Work Phone(Primary) ❑❑❑�❑❑❑-❑❑m ❑❑0/00❑-0000 Mobile Phone Work Phone(Secondary) ❑❑❑�❑❑❑-❑❑❑ ❑00/000-0000 Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 =j? t_.)j �- Beth Arnold Howell, Es PA Bar #203606 ' ��'` Kami S. Miller, Esq. PA Bar #78590 Christopher Alan Titus, Esq. PA Bar #315746u7 + Blatt, Hasenmiller, Leibsker & Moore, LLC i 1835 Market Street, Suite 501 !r' L i_ ;L j'j"L—j U'L�Uf I\/ Philadelphia, PA 19103 TELE: 215-564-1567 FAX: 215-564-3818 PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION vs. No. NOY VILAYCHITH 504 W KELLER ST MECHANICSBURG PA 17055 Defendant. PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTIFF PORTFOLIO RECOVERY ASSOCIATES LLC. Papers may be served at the address set forth below: Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Telephone Number: 1-215-564-1567 BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated: LE By: Syretta Mqp<Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Kami S. Miller, Esq. PA Bar #78590 Christopher Alan Titus, Esq. PA Bar #315746 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 215-564-1567 FAX: 215-564-3818 Attorneys For Plaintiff PPTXPEAI (07/18/2014) 2875537 1111111111111111111111111111111111111111111111111111111111111 IIII 11111 IIII Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY F!L.r D -OF! ! 4' THE P i�O T HOh �)"�f`' 2014 NOV -3 PM 3: 56 CUMBERs LVANI �� 4L °. OFF SOFrH F�FF Portfolio Recorvery Associates, LLC vs. Noy Vilaychith Case Number 2014-6173 SHERIFF'S RETURN OF SERVICE 10/21/2014 03:52 PM _ Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Noy Vilaychith, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 504 W. Keller Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. Deputies were advised that the defendant is now residing at 1653 W. Lisburn Road, Mechanicsburg, PA 17055. 10/21/2014 05:01 PM - Deputy Jamie DiMartile, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Noy Vilaychith at The Coliseum at 410 St. Johns Rd, Hampden, Camp Hill, PA 17011. *Defendant met the deputy at this location for service. IE DIMARTILE, DEPUTY SHERIFF COST: $56.25 SO ANSWERS, October 22, 2014 (c) CountySuito Sheriff, Te eosoff, iec Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff 1835 Market Street, Suite 501 Philadelphia, PA 19103 215-564-1567 PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 vs. NOY VILAYCHITH 504 W KELLER ST MECHANICSBURG PA 17055 Plaintiff, Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 14-6173 CIVIL PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly ENTER a JUDGMENT BY CONSENT aganist the DEFENDANT in this matter in the amount of $4,588.98 plus costs. Dated: December 4t, 2014 BY: Respectfully submitted, BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Syretta Martin, sq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Kami S. Miller, Esq. PA Bar #78590 Christopher A. Titus, Esq. PA Bar #315746 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 215-564-1567 FAX: 215-564-3818 THIS MESSAGE IS FROM A DEBT COLLECTION FIRM. ANY INFORMATION OBTAINED FROM THIS COMMUNICATION MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.ileo.`O 28537 PP75TXCJPI (09/17/2014) 11111111111111111111111 I I 11111111111111111111 11111111111111111111111111 I I I I �c� �� EL4 36y3yd r PORTFOLIO RECOVERY ASSOCIATES LLC Vs. NOY VILAYCHITH Plaintiff, 504 W KELLER ST MECHANICSBURG PA 17055 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. No. 14-6173 CIVIL TO: NOY VILAYCHITH NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Default Judgment has been entered against you in the above proceeding. Dated: PROTHONO1ARY I By" --ed "v z, IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: Attorney of Record for Plaintiff: Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Kami S. Miller, Esq. PA Bar #78590 Christopher A. Titus, Esq. PA Bar #315746 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 215-564-1567 FAX: 215-564-3818 28537 PP75TNDJNI (09/16/2014) 1111111111111111II 11111 III 111111 11111 11111 11111 11111 11111 11111 11111 IIII 101 Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff 1835 Market Street, Suite 501 Philadelphia, PA 19103 215-564-1567 PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Vs. NOY VILAYCHITH 504 W KELLER ST MECHANICSBURG PA 17055 Plaintiff, Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 14-6173 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE I, attorney for Plaintiff, states: 1. That the Defendant(s) is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; 2. The statement that Defendant(s) is not on active military service is based upon Defendant(s) Military Status Report pursuant to 50 U.S.0 App. Section 521, 525 which was obtained from Plaintiff's undersigned counsel's firms search of the Department of Defense Manpower Data Center (https://www.dmdc.osd.mil/appj/scra/scraHome.do). See Defendant(s) Military Status Report attached hereto. 3. That the Defendant(s) NOY VILAYCHITH is (are) older than eighteen (18) years of age. 4. That the employment status of the Defendant(s), NOY VILAYCHITH is (are) unknown. 5. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. 2:•8P757 PP75TJCAMI (09/05/2014) 1111111111111111111111111 1111111111111111111111111111111111111111111111111 r I affirm under penalties of perjury thatthe foregoing representations are true and correct. Dated: 12 \k"A I By: SUBSCRIBED AND SWORN Before me this ( day of Dzrembet-, 20 By: WGA'/ 7) Nota Public BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Syretta M - rtin, Esq PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Kami S. Miller, Esq. PA Bar #78590 Christopher A. Titus, Esq. PA Bar #315746 MATTHEW MAJE$KKl N RIAL SL Public City of Philadelphia, Phila. County M Commission Expires June 27, 2018 iA THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Department of Defense Manpower Data Center Statim Rcpt Pursuant to Servicemembers Civil Relief Act. Last Name: VILAYCHITH First Name: NOY Middle Name: Active Duty Status As Of: Dec -04-2014 Results as of : Deo -04-2014 04:07:45 AM 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 This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - ... - No- NA This response reflects where the Individual left active duty s atus within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA - NA- No NA This response reflects whether the Individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data 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. 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: S0C45D72W1C98A0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA PORTFOLIO RECOVERY ASSOCIATES LLC Plaintiff -VS- NOY VILAYCHITH Defendant Case #: 14-6173 CIVIL AGREED JUDGMENT ORDER This cause coming to be heard, the parties being in agreement, and the court being duly advised in the premises; IT IS HEREBY ORDERED: 1. That both parties submit to the jurisdiction of this Honorable Court. 2. That agreed judgment is entered in favor of the plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC, and against the defendant NOY VILAYCHITH , in the sum of $4788.98 plus cost. Atto for Plaintiff Defendant Blatt, Hasenmiller, Leibsker & Moore, LLC 504 W KELLER ST 10 South LaSalle Street, Suite 2200 MECHANICSBURG PA 17055 Chicago, IL 60603 (312) 704-9440 dlservice@bhlmlaw.com Atty # 2875537 PLTOAJ2I (07/23/2014) I i l l 1111 I I 1111111111111 I I 1111111111111111 111 I I 11111 11111 I I I I l l 1111111111111 DATE: �° I ENTERED: