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HomeMy WebLinkAbout10-5151Carrie Brown, Esquire PA Bar # 94055 Robert N. Polas, Jr., Esquire PA Bar # 201259 rr-. Portfolio Recovery Associates, LLC - 140 Corporate Blvd. Norfolk, VA 23502 t - TELE: 1-866428-8102 a0/D ?(!(r ( ?/y? /? FAX: 757-518-0860 p : a8 Ct tv'_ r Attorneys for Plaintiff j ?, 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 - 5151 ? C lV i l Term Plaintiff V. KENNETH R DECKER 4 CLEVERSBURG RD SHIPPENSBURG PA 17257 Defendant NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action 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 $Q a. pp Pp ATTq c* t89?E(v R.' ay (03!07 This communication is from a debt collector is an attempt to collect a debt. Any infortuation 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: 1-866428-8102 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. KENNETH R DECKER 4 CLEVERSBURG RD SHIPPENSBURG PA 17257 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 ELGI13LE 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 This communication is from a debt collector is an attempt to collect a debt. Any infonnation obtained will be used foi? that Purl")ose. 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: 1-866428-8102 FAX: 757-512-0860 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. KENNETH R DECKER 4 CLEVERSBURG RD SHIPPENSBURG PA 17257 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 KENNETH R DECKER, is adult individual with last known address of 4 CLEVERSBURG RD, SHIPPENSBURG PA 17257. It is averred that Defendant was indebted to FIA Card Services/Bank of America/MBNA ***********4687 on January 20, 2009 with account number ***********8614 (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 -,x4ll 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 July 16, 2008. 8. Plaintiff is the purchaser, assignee and/or successor in interest to FIA Card Services/Bank of America/MBNA ***********4687and Plaintiff is "oothe 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 $1,927.17. 10.Despite reasonable and repeated demands for payment. Defendant has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all to the damage and detriment of the Plaintiff. 11. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of Plaintiff and against Defendant, KENNETH R DECKER, in the amount of $1,927.17, plus costs of this action and any other relief as the Court deems just and reasonable. Carrie A. Brown, Esquire # 94055 Robert N. Polas Jr., Esquire # 201259 09-12640 This communication is from a debt collector 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, Kelly M. Roberts 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 unworn falsification to authorities. Date: o By PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ***********8614 KENNETH R DECKER Account Holder: KENNETH R DECKER 4 CLEVERSBURG RD SHIPPENSBURG PA 17257 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase: Purchase Date: Product Code: CC FIA Card Services/Bank of America/MBNA ***********4687 Portfolio Recovery Associates, LLC ***********8614 August 1, 2005 July 16, 2008 December 31, 2008 $1,927.17 January 20, 2009 Claim Amount: $1,927.17 Less Payments: $.00 Balance Due: $1,927.17 Tbis communication is from a debt collector and is an. attempt to collect a debt. Any information obtained will be used for that putpose. EXHIBIT 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: 1. 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/MBNA ***********4687("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 January 20, 2009. 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 KENNETH R DECKER ("Debtor ") to the Account Seller the sum of $1,927.17 with the respect of account number (***********8614), as of January 20, 2009 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 $1,927.17 . Portfolio Recovery Associates, LLC By: Kelly . Roberts, Ci stodi of Records Subscribed and sworn to before me on of 09-12640 10 Lucretia Etheridge Commonwealth of Virginia Notary Public Commission No. 7042513 My Commission Expires 0913012010 munication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC EXHIBIT .'. 1 .••w•y?q w.w •?w..•w••w?r?•??•.. r•w N? ire??.• .r V your Smut MW Finanm qqn, YOU MAY Pay the entire a,uount outstarndbaa et an tt" YOU must pay each month at last tho mtMmum p tic = si O Of a croft balers" 1gOtia?erMSO COOW ink over. acaonnt, we will not pay Irhoe w anew* yalff I paynmat win be allocaW In a =Mw err! d?? Your uarmine• In mat kasbanoM WOAD allocate your s to Wam Iinduding new tra eaactlanc) with low APRs be1m balanoaa with hl;hcr AM This will Alftit to new bal- am= with a dunce rate Of lruefast _ blift Paid ba>lbra aua; I Other Oft" balances. AN paynnenta Will be c reftsd t YOUr account 19T the billing cycle In Which alach paymen ?o ?d h? r available arec?t may not be the pay MS Mg your 'cued: here deNI& Miaaltnum A tft poi vents on- j not be male in advmce and pW,,.nta amdrs in any bdlbt cy* which acs ratter than the WMMum pV. ment duo vM not a9w Your obftatkm to rnaM stabow gtrent aTdalmum PAY?O nOt ide'racalil na ttd? naafi ?n a ncan SW ot drawn on a U.S. Haab serrilor cft Qf lMMA l4taaesld, ° a Ail pwooras wlad 1nlt13itlr or subeegaw* regw t accept or use the aecow t are iedivMually and scWthcr mfoneible Ibf airy vutatwW" beta im r two or neon Pie are reeponslble to pay any. Outo anang badafiws• vie M MR= to telwse any Of them ffm Iisibllity until all of the unesPkW cards Oubtandins urKW the aac cow t have boos nuurraed to us acct the balance 1s paid IA tUli. Ralrailmu for Rcq>Wtr* I XMW&te P*NNNxt You rvH1 be in dshatilt and are can reguirrs immediate Payment ref adl amounts you vwe U, 1 papnem DM ( f M'taut to r t yoti Yr by the ids YOUF credit lkWk p? (we your I have+retablisfWa . ( separate VSjb /tdvsraca credit Nmlt I for YOU, pour outstaancling Cash Advu= balance emseds your Cash Advance credit 11mIE; ur (31 you h11 to ablds by any other teams Of tMS Alpeel mt. if you cb*ult. uniaas Prohibited by applicable law. we t 3 This communication is from a debt collector anc is an attempt to collect a debt. Any information obtained will be used for that purpose. Ti idace4au RAe?..h '7n )nn7 v Nke PRA M. ju4JXW p. c can Wxq require y ft to pay the CailsCUM ahd mutt 0030 v in any Collection p M and a m. tlon b an a ? fee if we WW your Moot 1br cope ttwy who is not cur selsrted empioyse• Our MUM to t afte any of our delauh does not mean that ae era '? when you those rkhts uPM lehr default: WMblo to mss! We ae?r a11oN ypur hwx tiMne to time, to l !a u+?atlsble Font We V41, notch )" when OPO this and attic; insuranm pMa if ar ny Firumm ?? gmwdw= socrus at ' mar balanor in ?? wrTtJt this Iti p??L The • that you.nwke a mtnlmarn PImaK each ails wanns (Wo" Your P+rymait latter In Fsrtr?r Ctii 1f you kOv a dwV in a =MK a+ill be ooMwerted by Vise ha kmkn nwU • the titst? ? of ??+Card t1.S dollar p d a h teed you no, into s wIM the > ltbat tran?en Proc:sdave in offea at d ?iaeions and p"0??• CaranOy, chase b rae to ??a *off !l?? ' f? kMajeted one day p??o2? proeasirg da rate to Ch1E?t P"C" In em:h uft vim or tressed by one one pew as comps tlort eMatd Mbins this CY Con9et8ton S*Mke. The curry iM the at In eryect on the Pacesong date may ?n taco In >aFtaet on 00 tMISUcttoo date or the U Ehe tote to g paaurit dart. Sode A blAln` Wris begiru? on the shown an year aovoun? day "? the closing chits and ends on the doehP°C°d'"g awnthlY etatametit and ntia seta M1 date that alters on your smelt for the Con"t Moll th• t ZM Mlam ? 7M PO" 71* JAMM on y 1d 41S ft", s?hich are set (pith "Wood ha as is the Ming cgde in which such c pee: (2) if Your an ount is s ue (i) a Lift overlttrik Loren it taaa or f 4 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Ti iecria.r RAft...1, )n nnn,7 •• 1 ?• •?• •wnw? ?wM VIY81L NY "Ift U1h J1?gy??('? i•. 01 Finance Charms MORW by us cause your New Bolan '*tal to eo CW "Ut credf# limlq on ft last d f billinggclean avedlmit Foe 1e as of the day in the bi1NnR c>? *a yM to p* ayorof a MQWUt aver tlw credit limit (314 itetturned Pa aMCMMt went meni oA your sorount is Yet F" if a py llvrany other Mturns+d !br lfMUt?p? funds c rra"M a!reet It it is paid Port subsequent Chi mm: µ) a fumed Cheri Pk. if we Mttr R Chedt Ca* Admw is P#Jd Don tr"on. even it the t? P(M meet; tst ityoaracxnunt.is opM or ia+tnnt i melnteirr,? aooount babomM ?i,?Yoy hams saw dw, lodes Or 1W. aA Annual ? rWaQ Prh,r?i Abmdomo4 sAglic?bk hm VM will diato your ?'!ket prohibited !? i Purchase, lot any CUM UMMW by ? ourtt. a: ? ra ng Wkh StAe abandoned Props* 009. x AdeNMeW Aama>t Few +md the RUNNW rederai Dim _ carrier for additIOW ikea and durgs list caid your acwunt may apply to . ? Balfef j? I *u *4 ids Wkmd certain b4t a wttkh will bo sub- Jed to the Maktlonss outlined In tfie brneihs will SU Provided to you by MONA.Amerk, MBNA America E re"'Ves the daht to adlusk add, or dsiate beneNta and sarv#caa at"tfrne and wKltout notice t to Haw Your, cori f We ate riot liable for any wusal ZA or any Cash lldvence or fur any retentl0r your card by us, asp other bank, of any seller or lesn Of sor oaf s s or SWAM, Terft>tingp? WQ MAY wspnid or tetmflate your rI to obtsiry u edit at &VY ttms for anY fGMR- Your obliptiona under this Apvww.nt continue ai" ON, obtain. al t hes been Yom tVht to r dpi ! ' y You must return an to dit Car& to usan Aundmidws i p4ue . We mWanwnd this A ?, time by addft This oommunication is from a debt collector an is an attempt to collect a debt. Any informatic3 obtained will be used for that purpose. .. •-.a. v.e...w..4616 V1.. 1 i 1 "I t t T.......i.... AA--k 'In '1A^7 rM OIL eRPlkable no b ?0?°ns In c?? jai" of tho stow of e ?! is of Renal t i the aPPorbjn jr t° n: the if c in die p . snd If YOU R)!ei mq t ftfi*O Yaw richt t6 Jn spCh tin! co retam 81 tlon. A* a ??toes esa CO ?MUD" of y ?' es ant of Othft N Ind" unPold be *dWqjjg or kW) app jy to the anti! W bKa? th' 4?'Ju?ce "W4 b? arlti? ate,x rapisoe y+ottr % nay 8W time. AidawnMt we rney at anYdn-W, and whlrour awl" your YOU this any sung due nee to . or ft A any IMttons QMJ(Y. Th PWMI or entity to WIM we make ?'e0" or amHy no under then tltW to an of Our dfI an fir ft?eM'? to the Ntiona t a? Critow Limit Y*? limit is rno , 7ourCIN can* WW ate e!edit llmlt 11la,ips hunt fte ? We ?' ChW'W your Yeu.if,w do. 7'he Iota! t Of n1Q. and wr will noclfy any time moat be nXata tI nn i"'e dd. yolir *t* k1i"t for CIA Advstm"?j nt C"h AdgMv btianpn rMy n2t wed this Caste 061110h? 11M Re"t ftvtXndit Over Xa . et Mqtlalllltn tltl In a Wwtd MM* in vith mur Or CMfi /?drsnae balance, Inndlu na ba1arlca or flora not y" poW 'u at' ed Your 4= Your c'rmdt 11mit wYo CMh nQbe g mars ftn ?? one for CNdk '4'* tedtaornot M4 bal. cede l r4quot v`+v more Man the err a facet the aft your aad? ??11aiior d . n1Ount a?J+kh la rrwee than pew creel l t This communication is from a debt collector an, is an attempt to collect a debt. Any informatie, obtained will be used for that purpose ` as immodlately dire: or 131 tefim to honor the requc?l • We mey advise the pown who made the to, has been re1s?. I( we mqu"t that Adrsnce or 8914mti q how a Check Cash T. we may dose r the pwson pleseueing the Chedi CSSh AdvarM oadvisin Balance 7mnsfartfist cWlt has beenrretund. that the are lnsuMdent funds to pay the Cho Cash Advcuce r gafsnca''rensfw, of In any othet manner. If we have previously honored m4ums for your credit limit. It does not mftn that we will p further wwiimit nequeatR if we deddo to honor suds. request, "my "am an overitrrlit Free as provided it . thh?'aerrrent. U!i ilit/?v tlse sF your f ?nd fwfy us iir4rdauhilhe Io nnauthan>wd use of lcmra=Mt at t-M739 6MI Gi>ir Law This /laneeinent t: made ip Wiawart. It is lowtrrad by the laws cat the Stare of 00lawam. without regard to its couptct of lawn PhncfPhes. and by any applicable federal laws. If any part of this AV"nr,rt is found to be WON, the rest remains gffKttvrl, taut hhpm delay In of em.w. cisin' any of our tilt under this Agnremnt dam mat mean that we are unat* to o><or? thoccrights lets? The Arbitration Provlsions below apply to You wore oven the Opportunity to yd ""hcn Proviskins and you did so relent them; In WWhkih case. YOU "M that any litigation bruught by you aping us regarding ti 'is aaooutit or tks AVement shall be brought in a court Iocated in the Stalin of Delsvvare. Arblaedoh: Any claim or dispute I-Ciaim'1 by either you ur us apirM the other, or spinet the emPloYM. events or assigns of the other, arising from or relating In any way to this ?°r ?rnrtnt or Moment or any statute, in your account 1 whrilrer under a rnvne dirmacontract, tort. of otherwise and whither Iby money Makin or dbdaratoryor oclionhie mllefl. dudnaClaims title Arhitration goon regarding the applicability of or the validity of the entire 7 This communication is from a debt collector a is an attempt to collect a debt. Any inform-'' TopdaaA'.. RA°".?. "' """ obtained will be used for that pure.-- i rnA nu. *Wgwm P. ! AWtn4nt or arty prior 4rsm, Shall be maolve ng ubitnrtiom At "'Itlpn Fbmm NO ? by* ftiattcnvrl @&a at the tlma the Cb! Cede of ftoedur Lire N+dvnal AtUtrati>vn is f#04 PA4ft Arid kxme d Calm F0n= may be obbrtiled and may be (Aid at arty pWmW w Or ROL Box 50191. I<the"b unable a nnwil • "a* as x 1 s00-47'4-29 subaant><irarr>latb?l>ybed, irtclpe?e on rat asirrNbrcode of •gchs, a??tft WW Vol sdvancr to W")Vu am ne P*W to bbalWe - and Amr1in4 fees 0 G*RMW ftr W91 d gkAh who j a W CWM in feMpOtNibte P those fiea, intro be required to f4mbume as jar any erblpstion Afro;, adv"gb*hq or hearing Eager irr an amount krar?er du w'* your rWart cots wWd hm ban if the CIWM hac b arbibition hating at ean rprohed fit a state mutt with lurleoc n Any whl? f'OU aApwr *gl tain Pbm +a" the leda+ul j l dW t that inducles poeer b lion fromm is Me* PWMMW illing uW= K the tine the Cl+dm b flied. This lebitrlF In Eton hwolw WWWW, be ter Act 4 UAr- fe 1-10 I Pw7d jjuud? tha, uP" "Y arbitration awrd amw b wed in awry a wrt having hubdktion. 71w arbitrator SMI hollow aodetdg A aw tD the extant LoersJON WO the FM and abie atAt4 to of 11mitadws and Shall horror airy r *"" or pMaka mind by Im. if #M parry ft*m ft the wbkmtw WWI writq wr Conlon C=Mving tl?a aaaaNroria fur the awA1d. No Claim submitted to 344tration Is heard by • jury and no Claim mw be bmu;tu as a cla valon or as a luiwte: atto'MY.ieriml. Ybu do not ha4 the right to at as 4 dos ?sPw'esented" a PWJdpift as a mernber of a dm d claimantrr WM r?paact to any Claim. This clan futIag o all Ciaittu nuw M eder .. or 1414 any "in in t. I Mat Arbitration Seetlon "I a?unrimi the termtnatton of your acaxr+arrt with us of Wall as am xotuntary Par- Mont of the debt in full by you. atiy bankruptcy by you 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. 0 0 BaakefAmeden Fjamrr C The uadersiped Assignor (" "j an and as of the date hereof hereby absolutely seas, emsfas, assigns. sets-ova, quitclaims and conveys to Portfolio Recovery Aeoaiates, LI.C., a limbed liability company organised mder the laws of Delaware (" ") without recourse and without rep?+esea... 1 or varrmfies of any type, triad, character or nature, aqxm or implied, subject to Buyer's rise rigbb as set forth in Sections 8.1 sad 92, all of Assignor's right, We and interest in and to each of the bans identified is the ban schedule ("Loan Schedule's attached hereto (the "LM"), together with the right to all principal, interest or other proceeds of say kind with respect to the Lo@W nm dning due and owing as of each Cut-Off Date applicable to such Loans as act forth is *e Loan Sale Agreenmw pursuant to which the Loans are being sold (mclnding bat tat limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Loans into cash or other liquidated properly). DATED: January 20, 2009. ASSIGNOR: FIA CARD SERVICES, NA /4 X k*??- Name: Debra L. Pellicciaro Title: Assistant Vice President F&= 209ARMS Beak of Amwmmv Asst Saes D- *M UL t;3 ftw AM R=4 Vfff&d 6 Da WM %W"%W ..N1 +A IUC. qS Request for Service Ronny R. Anderson, Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17oi3 Ph:717.24o.639o Fx:717.240.6397 Serve Upon: K*nrl"&" R PL- C, Yom- / p e f`nde? Address for Service: e Special Service Instructions: *If service is to be made by deputized service to another county please specify which county* Filing Attorney: Name: Address: R-f?o 1 K .... State FV A -- . Z3 Phone Number: ?j.-??? _ 5 tga . . . . . . . . . . . . . ................. . . . . . . . . . . ...................... . . . . . . . . . . ...................... . . . . . . . . . : A!©, 1a -- Et 5 ( To whom it may concern, vd, No."1?1?.• VA. -a --) 5C? A SSWC,`a 4.s, L L C V, Page 1 of 1 0e-J ?c "3 dA'? ..? zl c /e veiS 6k,s odd. I am hereby filing a written response to the complaint filed. This written response to n? the complaint filed is being sent to the interested parties mentioned. The Cumberland County Court House Suite 100 Prothonotary One Court House Square Carlisle, PA. 17013 and to Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA. 23502. In response to this complaint it is I Kenneth R. Decker my goal and intention to settle and resolve any debt I have incurred. I am currently using a third party to settle and resolve my debt. I am currently using Debt Free Financial to settle and resolve my current debt. I have successfully settled with four other companies for whom I owed debt and it is my intention and hope that I Kenneth R. Decker and Portfolio Recovery Associates, LLC can reach a agreeable settlement with the help of Debt Free Financial with whom I have hired to successfully settle and resolve the account in which I am in debt. I have contacted Debt Free Financial and have made them aware of the current situation. I have given them instructions to try to resolve this debt with a settlement. It is my hope that a settlement can be agreed on and this debt to be resolved. I am currently divorced and have been left with considerable debt. I have and I am trying to resolve my debt. I have settled with four other companies and have taken responsibility to try to pay down my debt. I currently pay Debt Free Financial a consistent monthly payment which the majority of is put into a separate account and is used to accrue funds to eventually settle my debt to the companies for whom I owe debt. It does take time to accrue the funds necessary to offer a settlement. So I ask for patience in return so that funds can be accrued to offer a settlement. I live alone and my income is my only source of income in which a considerable ammount is paid monthly to Debt Free Financial to accrue funds to resolve and settle my debt. I have many other monthly expenses that are normal expenses needed to survive. I do not bask in luxuary and often go with out material possesions that many would consider essential. So I ask that a little credit and patience be given for my efforts to be responsible and settle and resolve my debt. I do not know how long I will be employed as the company I work for is moving to Tennessee. I will in the future be unemployed so I believe it is in Portfolio Recovery Associates LLC. best interest to settle and resolve this debt as soon as possible because I can not guarantee in the future that a settlement will be able to be reached if the funds are no longer available. It is my hope that this letter is acceptable to the parties mentioned above. I have done all I can to explain my situation. Sincerely Kenneth R. Decker -o W file://A:\index.htm 8/19/2010 Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Attorney ID # 94055/201259 Portfolio Recovery Associates, LLC OF TfiE?PPT 0', W? ZOI I APR 20 PM12:21 140 Corporate Blvd. Norfolk, VA 23502 Attorneys for Plaintiff CUMBERLAND C[iUu ? ? -• PENNSYLVANIA, 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. KENNETH R DECKER 4 CLEVERSBURG RD SHIPPENSBURG PA 17257 Defendant No. 10-5151 PRAECIPE TO SETTLE DISCONTINUE AND END PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, DISCONTINUED AND ENDED. Respectfully4ubmitted, Carrie A. Brown, 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 09-12640 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. 10-5151 V. KENNETH R DECKER 4 CLEVERSBURG RD SHIPPENSBURG PA 17257 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle Discontinue and End upon KENNETH R DECKER, by First Class Mail, Postage Pre-Paid, a copy thereof on this ? day of rl , 2011, to: KENNETH R DECKER Date: 4 CLEVERSBURG RD, SHIPPENSBURG PA 17257 Carrie A. Brown, 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 09-12640 This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.