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HomeMy WebLinkAbout10-4055IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COVER SHEET Plaintiff(s) Portfolio Recovery Associates, LLC Case Number: ~~ - 4l7" ~ ~,IV t l~ assignee of Washington Mutual Bank/PROVIDIAN NATIONAL _ _ BANK 140 Corporate Blvd. Norfolk, VA 23502 Type of pleading: . Civil Complaint Code and Classification: Commencement of Action Filed on behalf of Portfolio Recovery Associates, LLC assignee of Washington Mutual Bank/PROVIDIAN NATIONAL BANK (Name of the filing party) Vs ^ Counsel of Record ^ Individual, If Pro Se Defendant(s) Name, Address and Telephone Number: JOSEPH P CHEDDAR 9 KEEFER WAY ~? Esq., PA Bar 955 a Carrie A. Brown ~ MECHANICSBURG PA 17055-9214 , Robert N. Polas, Jr., PA Bar 2~Z39 ~~'" 140 Corporate Blvd. y Norfolk, VA 23502 ~.r ~' `- i~ Telephone: 1-888-428-8102 }~- ~ ; ~,,-. '^i Attorney's State ID: Attorney's Firm ID: \v #ra.oo Po ATn! e'~ lt5a(v~ t8?7 ~~~~~ `This crnmnunication is from ~ de ~t collector is a~n att€mpt to collect a i3et~t. fAny i~Yft~n~~a-tic~n c7biained rill be usei3 lcar that ptrrpc~s~:. Carrie Brown, Esquire PA Baz # 94055 Robert N. Polas, Jr., Esquire PA Bar # 201259 Portfolio Recovery Associates, LLC 140 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 140 Corporate Blvd. Norfolk, VA 23502 No. Plaintiff . v. JOSEPH P CHEDDAR 9 KEEFER WAY MECHANICSBURG PA 17055-9214 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 within 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 NO 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 Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Pennsylvania Lawyer Referral Service (800)692-7375 "1`llis cpmrnunicatic»i is ft-c~t~~ a debt collector is ~n attzrrz}~t to collect a debt.. ,~~~y infon~~ation obtained ~~~ill be ~iszd f~~r th7t p~~rpose. i` Came Brown, Esquire PA Bar # 94055 Robert N. Polar, Jr., Esquire PA Bar # 201259 Portfolio Recovery Associates, LLC 140 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 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. v. JOSEPH P CHEDDAR 9 KEEFER WAY MECHANICSBURG PA 17055-9214 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o obejciones a las demandas puestas en elate contra usted. usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS ELGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service -CUMBERLAND County Bar Association Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Pennsylvania Lawyer Referral Service (800) 692-7375 ~I"hi_~ comrnunication.ls from a debt collector is ~n attempt to collect a debt. 'any i~~fonnation obtained ~4~ill be used for thst purpc.~5e, Carne Brown, Esquire PA Bar # 94055 Robert N. Polas, Jr., Esquire PA Bar # 201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-512-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CNIL ACTION -LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. . Norfolk, VA 23502 . Plaintiff No. v. . JOSEPH P CHEDDAR . 9 KEEFER WAY MECHANICSBURG PA 17055-9214 Defendant COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant JOSEPH P CHEDDAR, is adult individual with last known address of 9 KEEFER WAY, MECHANICSBURG PA 17055-9214. 3. It is averred that Defendant was indebted to Washington Mutual Bank/PROVIDIAN NATIONAL BANK on March 3, 2010 with account number ************8267 (hereafter referred to as "Account"). A copy of the account history is attached here to and marked as Exhibit "A." 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 co~uinunication is from a debt collector and is a~~ attempt to collect a debt, ,~~~y i~~~fc,rn~ation t>btzained will be us~:d fc>r that purpose. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on December 4, 2007. 8. Plaintiff is the purchaser, assignee andlor successor in interest to Washington Mutual Bank/PROVIDIAN NATIONAL BANK and Plaintiff is neap the holder of the Account. A true and correct copy of the affidavit is attached hereto as Exhibit "B." 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 $8,458.58. l0.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, JOSEPH P CHEDDAR, in the amount of $8,458.58, plus costs of this action and any other relief as the Court deems just and reasonable. u Carrie A. Brown, Esquire # 94055 Robert N. Polas Jr., Esquire # 201254 ~~' 09-09994 This crnnmunicatic~~z is franc a debt cc>llectc~r i4 an attempt to c~~llsct a debt. :any i~7f€3rntation c~bt~ainecl ~>ill be used. t4>r that puapose. PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************8267 JOSEPH P CHEDDAR Account Holder: JOSEPH P CHEDDAR 9 KEEFER WAY MECHANICSBURG PA 17055-9214 Consumer Account Product Code: VISA Issuer: Washington Mutual Bank/PROVIDIAN NATIONAL BANK Assignee: Portfolio Recovery Associates, LLC Account Number: ************8267 Date Account Opened: October 26, 1998 Date of Last Payment: December 4, 2007 Date of Charge Off: December 5, 2007 Balance at Purchase: $8,458.58 Purchase Date: June 27, 2008 Claim Amount: $8,458.58 Less Payments: $.00 Balance Due: $8,458.58 'l•his co~uzta~aa~icatic>n is tio:m a debt collectoz• acid is az~ attempt to collect a cfabt. .4ny info~~mation. obtained will be u~;ed £or that puzpose. AFFIDAVIT State of Virginia City of Norfolk ss. I, the undersigned, Kelly M. Roberts, Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 120 Corporate Boulevard, Norfolk, Virginia, and I am authorized to make the statements, representations and averments herein, and do so based upon personal knowledge and a review of the business records of the Account Assignee and those account records transferred to Account Assignee from Washington Mutual Bank/PROVIDIAN NATIONAL BANK ("Account Seller"), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on June 27, 2008. Further a review of the records reveals that the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the account records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from JOSEPH P CHEDDAR ("Debtor ") to the Account Seller the sum of $8,458.58 with the respect of account number (************8267), as of June 27, 2008 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the account records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, there is currently due and owing the sum of $8,458.58 . Portfolio Recovery Associates, LLC y: Kell .Roberts, Custodian of Records d and sworn to before me on ~ of 2010 L~.~c,=,iia Etheridge Commonwealth of Virginia notary Public bllc ~ 4 ~ ComTissron No. 7042513 My Co^~,mssion expires 0913012010 09-09994 "1~'his c.omii~unication is from a debt collector and is an ataempt to called a debt. Any infarmation obtained will be tisecl for that purlaase. PORTFOLIO RECOVERY ASSOCIATES, LLC This communication is from a debt collector a is an attempt to collect a debt. Any informati~ obtained will be used for that purpq~~ IMPORTANT NOTICE OF CHANGES TO YOUR PROVIDIAN VISA•/MA.STERCARD• ACCOUNT AGREEMENT JULY 2005 Issuer. Providian National Bank, Tilton, NH As explained below, we are amending your Visa/MasterCard Account Agreement. These changes will become effective on the first day of your billing cycle that begins in September 2006, unless otherwise indicated below. The following explains these changes. All other provisions of your Account Agreement remain in effect. Please read this entire notice carefilly and keep it for your records. Minimum Payment. We are amending your Account Agreement to increase your Minimum Payment to 3.6% of the New Balance shown on your statement. The "Minimum Payment" paragraph of Section 3 of your Account Agreement (°Your Promise to Pay Us; Your Payments; Billing Statements") is changed to read as follows: Minimnm Payment. You will send us in U.S. dollars at least the Minimum Payment by the Payment Due Date according to the payment instructions on your statement or at our Web site. Traveler's checks cannot be used to pay your Account. Your Minimum Payment will equal 3.696 of the New Balance shown on your statement and may include any past due amount, overlimit amount, and any late, overlimit, or returned payment fees assessed ~~roy~dian' during the billing cycle. However, the Minimum ~~~ Payment will not be less than 316 (unless your ~,., w,a„, 8„* ,~ xHU+oa>s New Balance is less than 315, in which case e~oas , r+~w c«a~Y~, IN07u511 the Minimum payment will equal the New Balance). You may at any time pay more than the Minimum Payment Due or pay o~ your entire balance in fall without incurring any additional charge for prepayment. No matter how large your payment in one billing cycle, you will need to make a payment th the following cycle if you have a balance. )f you would like a statement of specific reasons why we have decided to increase your minimum payment, please write to us (include your name, address, and Account number) or call us, within 60 days of the date you receive this notice, at: Providian, Reference RL0705, P.O. Box 98806, Arlington, TX 76096-9606; toll- fiee 1-800.356-0011. You are entitled to the statement of specific reasons within 30 days of your request. The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income is derived from ax~y public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Office of the Comptroller of the Currency, Customer Assistance Group, 1301 McKinney Street, Suite 3460, Houston, TX 77010. All other inquiries should be directed to Providian, P.O. Box 660609, Dallas, TX 75266-0509. If yon are enrolled in Credit Protect3oneY, Destination Unlimited, Health Advantage, Bny3mart'r, or Personal Registry and your membership fee is billed monthly, we are changing the Terms and Conditions of your program effective September 1, 2006, as follows: A refund of the last billed monthly membership fee is no longer available if you cancel more than 30 days after receiving your statement on which the fee first appears. This change does not affect your membership tenons if your membership fee is not monthly. If you do not wish to accept this change to your membership terms, you may cancel your membership by calling us at the number located on the back of your credit card. This communication is from a debt collector is an attempt to collect a debt. Any inforr~~~ obtained will be used for that puron~ VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Kellv M. Roberts_lhereby states that she/he 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: 4/6/2010 By SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICItOr ~4~ti~titr pC ~'irmgr~,r~~~ -:~,. SkF~iCE vF'~r~E SHERIFF 1 IL.~~-a T p .iii pk.. ,fir- T~-!~" _° ^'~~'RRY ~- ZQ~~ ~~t ~Z Ai`~ $= 4$ Portfolio Recovery Associates, LLC Case Number vs. Joseph P. Cheddar 2010-4055 SHERIFF'S RETURN OF SERVICE 06/30/2010 04:26 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2010 at 1626 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joseph P. Cheddar, by making known unto himself personally, at 9 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 July 01, 2010 DENNI RY, DEPU SO ANSWERS, M ~:~~~ RON R ANDERSON, SHERIFF (c CountySuife Sheriff. Telecsoft. Inc. BAYLEY & MANGAN Mark F. Bayley, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 rata AuL'.?o A?'7 9,'!S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 No. 10 -4055 Plaintiff V. JOSEPH P. CHEDDAR 9 Keefer Way Mechanicsburg, PA 17055-9214 Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, JOSEPH P. CHEDDER, in the above-captioned matter. Date: V Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 BAYLEY & MANGAN Mark F. Bayley, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. JOSEPH P. CHEDDAR 9 Keefer Way Mechanicsburg, PA 17055-9214 Defendant No. 10 -4055 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, JOSEPH P. CHEDDER, in the above-captioned matter. Date: ?'x ? /0 ?Nr?' Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 BAYLEY & MANGAN Mark F. Bayley, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 ao o Rum- a Rn2 9. ,L-S' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. JOSEPH P. CHEDDAR 9 Keefer Way Mechanicsburg, PA 17055-9214 Defendant No. 10 -4055 NOTICE TO PLEAD To: Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 You are hereby notified to file a written response to the enclosed Answer and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. l? Date: BAYLEY & MANGAN (/MA Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 BAYLEY & MANGAN Mark F. Bayley, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 No. 10 -4055 Plaintiff V. JOSEPH P. CHEDDAR 9 Keefer Way Mechanicsburg, PA 17055-9214 Defendant ANSWER AND COUNTERCLAIM AND NOW comes Defendant, Joseph P. Cheddar, by and through his attorney, Mark F. Bayley, and answers and counterclaims as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. By way of further answer, and upon reasonable investigation, the Defendant is not in possession of the original contract regarding the account and is not aware of the original terms. 5. Denied. By way of further answer, Defendant's ex-wife has used the account for purchases. 6. Denied. By way of further answer, all account statements were forwarded to Defendant's ex-wife and he was unaware until recently of purchases she made on the account. 7. Denied. By way of further answer, Defendant is not in possession of the original contract regarding the account and is not aware of its terms. It is denied that the last payment on the account was on December 4, 2007; Defendant has made payments toward the account in relation to an agreement reached with Plaintiff on or around July 20, 2010. 8. Admitted. 9. Denied. By way of further answer, see counterclaim below. 10. Denied. By way of further answer, see counterclaim below. 11. Admitted. WHEREFORE, the Defendant respectfully requests that Plaintiff's claim be dismissed. NEW MATTER 12. The previous paragraphs are incorporated herein. 13. Plaintiff and Defendant entered into an agreement on or around July 20, 2010 wherein Plaintiff would accept a total of $4,800. in monthly payments of $150. in full settlement of the account at issue. 14. Said agreement was reduced to writing in the form of email correspondences between the parties on July 19, 2010 and July 20, 2010. (A copy of said correspondences are attached as Exhibit "A") 15. The Defendant has followed through with his end of the bargain since said agreement was reached. 16. Plaintiff has recently forwarded a default notice to Defendant with regard to the above captioned matter. COUNTERCLAIM BREACH OF CONTRACT 17. The previous paragraphs are incorporated herein. 18. The parties agreed to settle the relevant account for a total of $4,800. made in monthly payments of $150. 19. Since the parties entered into said agreement, Defendant has forwarded consideration to Plaintiff as agreed upon. 20. Despite said agreement, Plaintiff has taken steps to secure a judgment in the amount of $8,458.58. 21. Plaintiff s act of forwarding a default notice to Defendant and attempting to secure a judgment were in breach of the contract established on or around July 20, 2010 between the parties. 22. The Defendant has and expects to continue to incur monetary damage in relation to said breech. 23. Monetary damages include Defendant's cost of defending the above captioned matter along with costs of rectifying any other adverse results in relation to Plaintiff pursuing the above captioned matter without respect to its agreement with Defendant as set forth above. WHEREFORE, the Defendant requests the Court to enter judgment in the amount of monetary loss Defendant has and will sustain in relation to Plaintiff's breach of contract. Respectfully submitted, BAYLEY & MANGAN Dater ? A-1 f: , ark F. Bayley, quire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 No. 10 -4055 Plaintiff V. JOSEPH P. CHEDDER 9 Keefer Way Mechanicsburg, PA 17055-9214 Defendant VERIFICATION Mark F. Bayley, Esquire, states that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unswom falsification to authorities. Date: ?Z LV V Mark F. Bayley, squire Gmail - CHEDDAR; JOSEPH P Page 4 of 8 This communication is f rom a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Joseph Cheddar <benchmark66@gmail.com> Mon, Jul 19, 2010 at 3:58 PM To: "Martin A. Strube)" <mastrubel@portfoliorecovery.com> Mr. Strubel: I agree to proceed on the following basis, which we have discussed and agreed to on the telephone. 1. The claim will be discounted to $4800 (2) All further interest charges will be stopped immediately. (3) 1 will set up a monthly automatic payment of $150 from a bank account allowing you to withdraw at a predetermined date each month. (4) 1 will be able to present this arrangement to credit reporting bureaus now; and after completion of the payments be given a document indicating the debt is "paid in full". (5) the suit for recovery in Cumberland County Court will be stopped immediately. Look forward to hearing from you. Joe Cheddar !Quoted text hidt en] Martin A. Strubel <mastrubel@portfoliorecovery.com> To: Joseph Cheddar <benchmark66@gmail.com> Mr. Cheddar; Tue, Jul 20, 2010 at 8:32 AM Yes we agree to all the terms listed below with one exception. The Fair Credit Reporting Act (federal law which we follow) does not allow reporting a Settled account as paid in full. Upon completion of the payment plan we will send you a letter saying the account was Settled with a zero balance and in the event we are reporting our tradeline, we will report to the three major credit bureaus that the account was Settled. PORTFOLIO RECOVERY ASSOCIATES, LLC P.O. Box 12914 Norfolk, VA 23541 PHONE 800-772-1413 7/20/2010 JOSEPH P CHEDDAR EXHMB[rTr 9 https:llmail.google.comlmaill?ui=2&ik=84bl d574f5&view=pt&search=all&th=129ebda35... 8/11/901() IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. JOSEPH P. CHEDDER 9 Keefer Way Mechanicsburg, PA 17055-9214 Defendant No. 10 -4055 CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Carrie A. Brown, Esquire Robert n. Polas, Jr., Esquire 140 Corporate Blvd. Norfolk, VA 23502 Dated: Z ( 0 Mark F. Bayley, Esquire Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID 4 9405512012591312686 Portfolio Recovery Associates,LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION -LAW PORTFOLIO RECOVERY ASSOCIATES, M ---4 LLC rna; c— =-n mc -,r- 120 CORPORATE BLVD NORFOLK, VA 23502 No. 10-4055 Plaintiff 3�c-) :j C3-n V. =C!) :r JOSEPH P CHEDDAR co X, 9 KEEFER WAY ..< MECHANICSBURG PA 17055 Defendant JOINT PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, DISCONTINUED AND ENDED WITH PREJUDICE. Dated: 2 . I S�- I r�> Respe fiz y submitt Mark F. Bayley,Esq. Robert N. Polas,Jr., Esquire PA Bar#2012591"' Bayley&Managan Carrie Brown,Esquire PA Bar#94055 17 West South Street Mark R. Garvey,Esquire PA Bar 4 312686 Carlisle,PA 17013 Portfolio Recovery Associates, LLC Attorney for Defendant 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff 09-09994 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.