The URL can be used to link to this page

Home My WebLink About10-4858Carrie 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: 757-518-0860 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 V. NICHOLAS E PALOMO 15 LUKE LN CARLISLE PA 17013 Defendant ?1Vt1T?°C1? No. ?0 - f4 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 *QA.oo Pp A -MI C? 1't4I?8 gq, This communication is from a debt collector is ati attempt to collect a debt. An in.fonnation obtained will be used for that purpose. Carrie 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: 757-518-0860 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. NICHOLAS E PALOMO 15 LUKE LN CARLISLE PA 17013 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 esate 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 Fhis communication- is from a debt collector is an_ attempt to collect a debt. Ann information obtained will he used for that purpose. Carrie 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: 757-511-0860 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 V. NICHOLAS E PALOMO 15 LUKE LN CARLISLE PA 17013 Defendant No. 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 NICHOLAS E PALOMO, is adult individual with last known address of 15 LUKE LN, CARLISLE PA 17013. 3. It is averred that Defendant was indebted to FIA Card Services/Bank of America/Fleet ************8737 on August 19, 2008 with account number ************9815 (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 communication is from a debt collector and is an attempt to collect a debt, Any information obtained will be used for that purpose. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on June 18, 2009. 8. Plaintiff is the purchaser, assignee and/or successor in interest to FIA Card Services/Bank of America/Fleet ************8737and Plaintiff is ovothe 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 $3,059.06. 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, NICHOLAS E PALOMO, in the amount of $3,059.06, plus costs of this action and any other relief as the Court deems just and reasonable. 09-09284 6- ? //,/ Carrie A. Brown, Esquire # 94055 Robert N. Polas Jr., Esquire # 201259 This comratinication is from a debt collector is an attempt to collect a debt. Any infornnation obtained will be used for that pm-pose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, hereby 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: ? 1-1 101 By: Hollenbeck Custodian of 89000 PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************9815 NICHOLAS E PALOMO Account Holder: NICHOLAS E PALOMO 15 LUKE LN CARLISLE PA 17013 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase: Purchase Date: Balance at Purchase: Less Payments: Product Code: VISA FIA Card Services / Bank of America / Fleet / * * * * * * * * * * * * 873 7 Portfolio Recovery Associates, LLC ************9815 June 11, 2002 June 18, 2009 July 31, 2008 $3,281.06 August 19, 2008 $3,281.06 $222.00 Balance Due: $3,059.06 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained wil I be used for that purpose. AFFIDAVIT State of Virginia City of Norfolk ss. I, the undersigned, TaMaHolle6eckl 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 FIA Card Services/Bank of America/Fleet ************8737("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 August 19, 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 NICHOLAS E PALOMO ("Debtor ") to the Account Seller the sum of $3,281.06 with the respect of account number (************9815), as of August 19, 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 $3,059.06 . Portfolio Recovery Associates, LLC By ustodian of Records acn'be d andsworn t bfe me o of 2010 K o kW jad Notary Public Notary Publia Commission No. 2n639 +4.N1109-09284 My COmmissm E?tpi?'e9 M012012 This conI111Urlication is frorn a debt collector and is an attempt to collect a debt. Any information obtained. will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC ? ! t fill z # s fit ;i s it a I#t N a I Hi g 1 $ # 1 [fit a cr CD CL 3 CD C13 ?m CD ° QC ?0 a CD Eq -o n ym n 9 fir 9 at fit #$ sr? '? ?? ?y # a? s R s a? a a op p p to -- ?4r ? liflu a # Sitid a 1111 I Iean r $4f a Ski a a ?S ? a?4 ? fit +;P1 11111;9 ? Sff'8 fill Is 1` ?? #L $?F?a a g?$ a " It # g #sr J a i ts# s s I H f I CL 173 rr ai_ ? <•s w l7 (D O Q cu 3 -e c CCD o m CD 0 cD- CD 30 a c n Q <D 3a !, o 9L. B B iiQt FOR ,?Q , I} a _ jJ1,11p1,111 : g ! s lit QJ1jtj.R $€s I? Cl) Hs # s a i = t IMS Wir ,11,11 1.1,11.1,M imil all 11 1 r a @ E E1111 a w ?? s • • Bank of America EXHIBIT C BILL OF SALE AND ASSIGNMENT OF LOANS The undersigned Assignor ("Assig?tor") on and as of the date hereof hereby absolutely sells, transfers, assigns, sets-over, quitclaims and conveys to Portfolio Recovery Associates. LLC., a limited liability company organized under the laws of Delaware ("Assig=") without recourse and without representations or warranties of any type, kind, character or nature, express or implied, subject to Buyer's repurchase rights as set forth in Sections 8.1 and 8.2. all of Assignor's right, title and interest in and to each of the loans identified in the loan schedule ("Loan Schedule") attached hereto (the "Loam"). together with the right to all principal, interest or other proceeds of any kind with respect to the Loans remaining due and owing as of each Cut-Off Date applicable to such Loans as set forth in the Loan Sale Agreement pursuant to which the Loans are being sold (including but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Loans into cash or other liquidated property). DATED: August 19. 2008. ASSIGNOR: FIA CARD SERVICES. N.A. ?4 Name: Debra L. Pellicciaro Title: Assistant Vice President Fax:1W.33A.M.38 Rank ,d Aa -rk:L. A" V?kka 11wrfield M. (K-Z) 11.trwr Mill Read, Nka7uk. M: IM11 RCT883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COVER SHEET Plaintiff(s) Portfolio Recovery Associates, LLC Case Number: assignee of FIA Card Services/Bank of America/Fleet ************8737 140 Corporate Blvd. Norfolk, VA 23502 Type of pleading: Civil Complaint Code and Classification: Commencement of Action Filed on behalf of : Portfolio Recovery Associates, LLC assignee of FIA Card Services/Bank of America/Fleet ************8737 (Name of the filing party) Vs ($ Counsel of Record ? Individual, If Pro Se Defendant(s) Name, Address and Telephone Number: NICHOLAS E PALOMO 15 LUKE LN Carrie A. Brown, Esq., PA Bar 94055 CARLISLE PA 17013 Robert N. Polas, Jr., PA Bar 201259 140 Corporate Blvd. Norfolk, VA 23502 Telephone: 1-8b6-428-8102 Attorney's State ID: Attorney's Firm ID: This corm inication is from a debt collector is an attempt to collect a debt. Any information obtained will be used for that purpose. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~~~~ ~ ~~ , ~ .t,r ~ . Sheriff ~$~„cr of +~ieiebrrf~~~ ~~": `~ Jody S Smith ~ ,~ a . a ~ ~ Chief Deputy ~ ~~'~~~ ~'~ ~'"` Richard W Stewart ~"~~''~ ~,f:~Y'd~y~ Solicitor `~*~c~c~ '"` ~``~~"r~ ~jW~- Portfolio Recovery Associates, LLC Case Number vs. 2010-4858 Nicholas Edward Palomo SHERIFF'S RETURN OF SERVICE 08/26/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on August 26, 2010 at 1344 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Nicholas Edward Palomo. The Carlisle Postmaster advised the defendant's current address is 138 Westgate Drive, Mount Holly Springs, PA 17065. However, the Complaint and Notice has expired before service was able to be attempted at this address. SHERIFF COST: $33.40 August 26, 2010 SO ANSWERS, ""' RON R ANDERSON, SHERIFF {c) CountySuite Sheriff. Teleosott, Inc. Carrie A. Brown, Esquire OFFICE Robert N. Polas Jr, Esquire Attorney ID # 94055/201259-- OF jE pROTNONOIARY Portfolio Recovery Associates, LLC 03 140 Corporate Blvd. 20? I, ' 1(M ' '`' l' Norfolk, VA 23502 _ ?J ??T Y 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. 10-4858 V. NICHOLAS E PALOMO 15 LUKE LN CARLISLE, PA 17013 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. 09-09284 Respectfully mitted, Carrie A. own, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. &+ Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Attorney ID # 94055/201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 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. 10-4858 V. NICHOLAS E PALOMO 15 LUKE LN CARLISLE, PA 17013 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Dismiss upon Nicholas E Palomo, by First Class Mail, Postage Pre-Paid, a copy thereof on this-0-day of January, 2010 , to: Nicholas E Palomo 15 Luke Lane rown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Portfolio Recovery Associates, LLC Carlisle, PA 170 Carne . B 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 09-09284 Attorneys for Plaintiff This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.