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HomeMy WebLinkAbout10-6223Robert N. Polas, Jr., Esquire PA Bar # 201259 t' I P ED - Q ? F ! C E* Carrie A. Brown, Esquire PA Bar # 94055 r L ? ?- Portfolio Recovery Associates, LLC ` T ? ?F P O T WD N tO Try tR Y 140 Corporate Blvd. f 3: 59 Norfolk, VA 23502 -P 28 c TELE:1-866-428-8102 f ° ' FAX: 757-518-0860 ?- H y +' T `t? Attorneys for Plaintiff rE7 1 q 4 SYLk.f' lA. 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. THOMAS B MORRISON 191 S LOCUST POINT ROAD MECHANICSBURG PA 17055 Defendant NOTICE 16 - 6 )-.13 cs--l . I You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action withing twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by an attorney, an filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Pennsylvania Lawyer Referral Service (800) 692-7375 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC pct NAI d?'Vq 4 397Y go ?-qU9 / 3 This co1TUnu1licatim is from a debt collector and is all attempt to collect a debt. Any information obtained will be used.tbr that purpose. 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. THOMAS B MORRISON 191 S LOCUST POINT ROAD MECHANICSBURG PA 17055 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 This conununication is frorn a debt collector and is an attempt to collect a debt. Anv inf:orrnation obtained will be used for that purpose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 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. 2-3 THOMAS B MORRISON 191 S LOCUST POINT ROAD MECHANICSBURG PA 17055 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 THOMAS B MORRISON, is an adult individual with last known address of 191 S LOCUST POINT ROAD, MECHANICSBURG PA 17055. 3. It is averred that Defendant was indebted to General Electric Capital on with account number ************3659 (hereafter referred to as "Account"). A copy of the account history is attached here to and collectivelymarked 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 froin a debt collector and is an attelltpt to collect a debt. Any inforniati.on obtained vNill 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. 8. Plaintiff is the purchaser, assignee and/or successor in interest General Electric Capital and Plaintiff is now the holder of the Account. A true and correct copy of the affidavit is attached hereto and collectively marked as Exhibit "A." 9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum of $1,331.43. 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, THOMAS B MORRISON, in the amount of $1,331.43, plus costs of this action and any other relief as the Court deems just and reasonable. Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 09-87821 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 unworn falsification to authorities. Date: AUG 2 0 2010 By: -W Yvett e M e hen Custodian of Records EXHIBIT A PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************3659 THOMAS B MORRISON Account Holder: THOMAS B MORRISON 191 S LOCUST POINT ROAD MECHANICSBURG PA 17055 Consumer Account Product Code: PVT Issuer: General Electric Capital Assignee: Portfolio Recovery Associates, LLC Account Number: ************3659 Date Account Opened: October 18, 2004 Date of Last Payment: Date of Charge Off September 13, 2007 Balance at Purchase: $1,418.43 Purchase Date: October 31, 2008 Balance at Purchase: $1,418.43 Less Payments: $87.00 Balance Due: $1,331.43 09-87821 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. AFFIDAVIT State of Virginia City of Norfolk ss. I, the undersigned, Yvette M. Stephen 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 General Electric Capital ("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 October 31, 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, satisfactions 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 THOMAS B MORRISON ("Debtor ') to the Account Seller the sum of $1,418.43 with the respect to account number (************3659 as of October 31, 2008 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the 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 $1,331.43 . Portfolio Recovery Associates, LLC By: yva,+P ;CCustodian of Records Subs ribed and sworn to efore me on?of JW 0 - 2010 otary Publ 09-87821 Katherine Yolanda Muhammad Commonwealth of Virginia Notary Commission No. 272639 ?`""r! My Commission Expires 09130120'' This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. CJ L? For valve received acid in further consideration of the mWuW covenants and conditions set forth in the Receivables Purchase Agreement (the "AgameWl. dated as this 3 t e day of Oc kAm 2006 by and between General Elecuie Capitd Corpmdon, a Delaware corlmadon. GE Matey Basic, a federal saviass bank, and Retailer Credit Services Inc, a Delaware corporation (collectively "Sella") and PoMWlo Recovery Associates, LLC (''Buyer"), Seller hereby transfers, tens, conveys. pants, said delivers to Buyer, its mcasors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownaship, the Receivables u act forth in the Nai6cation File (a defined in the Agreement), delivered by Seller to Buyer prior to such Purchase Date, and as fbAher described in the Agreement. GE Money Bank By: Title: Retailer Credit Services Inc By: Title: General Electric 'at By: Tale: OECC- yZ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~$t~~titr ~f `'n~ttfir~.~~~4 ~~ ~. ?'~ c~r~c~ c: -.,E 54~~~F~ ~'1~.~~°~~~=lCc Jody S Smith Chief Deputy Richard W Stewart Solicitor ~q ~ 0 OCT 2 i P~ ~a ~ ~ l~Q~'~"~L~~D ~~~1~~l~~` ~ ~~l~s~~_ It x.81 ~;; f ~Si;'~,o ~f~sa :: is Portfolio Recovery Associates, LLC Case Number vs. Thomas B. Morrison 2010-6223 SHERIFF'S RETURN OF SERVICE 10/18/2010 03:25 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 18, 2010 at 1525 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas B. Morrison, by making known unto himself personally, at 191 S. Locust Point Road, 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. / ... DENN FRY, DE TY SHERIFF COST: $46.00 October 19, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teioosoft. Inc.