The URL can be used to link to this page

Home My WebLink About11-0327Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC FILED-OFFICE 140 Corporate Blvd. OF THE PROTHONOTARY Norfolk, VA 23502 2011 J#4 Iq #111: Ze TELE: 1-866428-8102 FAX: 757-518-0860 Attorneys for Plaintiff OOMB' 1.?`a T Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. 1, Norfolk, VA 23502 No. Plaintiff V. DEAN COSTOPOULOS 125 CUMBERLAND DR CARLISLE PA 17013 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 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 Sq 16 This communication is from a debt collector and is an attempt to collect a debt. Q 5 Any information 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. V. DEAN COSTOPOULOS 125 CUMBERLAND DR 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 reelamdo 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 This communication is front a debt collector and is an. attempt to collect a debt. Any information 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. V. DEAN COSTOPOULOS 125 CUMBERLAND DR CARLISLE PA 17013 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 DEAN COSTOPOULOS, is an adult individual with last known address of 125 CUMBERLAND DR, CARLISLE PA 17013. 3. It is averred that Defendant was indebted to Capital One Bank on May 21, 2002 with account number ************9008 (hereafter referred to as "Account"). A copy of the account history is attached here to and collectively 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. Ant 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 April 28, 2008. 8. Plaintiff is the purchaser, assignee and/or successor in interest Capital One Bank 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 $1,623.72. 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, DEAN COSTOPOULOS, in the amount of $1,623.72, 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 09-95749 This communication is from a debt collector and 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, T"a Hollenbeck 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 unworn falsification to authorities. Date : ) 1, n 09-95749 sy: / Custodiano ecords This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. EXHIBIT 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. PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************9008 DEAN COSTOPOULOS Account Holder: DEAN COSTOPOULOS 125 CUMBERLAND DR CARLISLE PA 17013 Consumer Account Product Code: MC Issuer: Capital One Bank / Assignee: Portfolio Recovery Associates, LLC Account Number: ************9008 Date Account Opened: May 21, 2002 Date of Last Payment: April 28, 2008 Date of Charge Off: December 18, 2008 Balance at Purchase: $1,623.72 Purchase Date: January 20, 2009 Balance at Purchase: $1,623.72 Less Payments: $.00 Balance Due: $1,623.72 09-95749 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, TMpHoU be* , 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, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's records, including a review of the business records transferred to Account Assignee from Capital One 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 January 20, 2009. Further, 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 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 DEAN COSTOPOULOS ("Debtor") to the Account Seller the sum of $1,623.72 with the respect to account number (************9008), 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 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 $1,623.72. Portfolio Recovery Associates, LLC By: "OuenUOCK Custodian of Records PN B: R? cy P?i'in- C Subscribed and sworn to before me on of 2010 na MY o%: No ary Public •'?,;`''=-?,Li'r r,wa`? 09-95749 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Ansel A Forward Flow Reedubb fth Amt Amendment Number 2 zxbfbtt 1 to Forward Flow Reed"ble Sale Agreement dated February 13,20M BILL OF SALE Clef Date: January 20120" Capital One Bank (USA), National Association ("Selbc"), in c08 dderadon of a Purchase Prim of : and o6er vatnable conai I -- de the raadpt of whkh is hereby acknowledged, hereby aft assigns mid transfers all right, title aid interest in the Account ideaff1ed in the Sale File artitled : (Wb may be in electronic form) to Portfolio Recovery Amociate% LLC C Buyer"), without recourse or rep ioa except as expressly provided herein or on the terms, and subject to the conditions, set forth in the Apwreent (as defined below). This Bill of Sale is delivered purmant to that certain Forward Flow Receivable Sale Agmem i% dated as of February 13, 2005, as amended, by and between Seller (as sucoe eor to Capital One Book) and Buyer (the "A rt'"). All eic hdind terms rs used, but not defined, in this Bill of Sale sha11 have the meanings assigned to such own in the Agreement. Thee Cutoff Date for the Sale File was January 14, 2009. The aggregate Unpaid Balance of the Accounts as of the CutofFDate wa CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION Bp: Name: LiMk-= Title: Reveries MVP rW.zuM.i O%ftl"M C AM to WFJX. ME TO CAPITAL ONE. We we pleased to open your credit eccant This Agreement contains imformobm about your sooan Please read it and keep it for your reoertb. in this Agreement the words "you", "your)* and "yours" rdier to each person who signed the apppnatiom and to anyone also who uses the amount in ley way. The words "W, "its", "our," mean Capital One Bads and its successors or asugoa. We can delay enforcing our Alibis under this Agreement withourk loamg them. Using Your Account You can make purceses and obtain cash advances (if cob advances are an option for your account) by using your card, account umber, and any soma t access chocks (maximg Purchase Mocks Convmimoe Checks, Special Trarnter Chocks and other similar checks) that we may sand to you. When we p aside you with account am= checks, we will ten you whether they will be treated as purchases, cash advances or special translate. Unless we tell you otherwiu, Convenience Checks will always be treated as cash You agree that we are not responsible if anyorte rdUSCS to Inner your account If you do not use your account. you may canal it by returning your card(s) and account so= checks to us within 30 days aft r you receive them. Cash Equivalent TrwmclonL If ash advances are an option for your account, you an use your acorn to purchase items that are directly convertible to aaah. Thee ash equivakn transactions will be treated as ash advances and will be billed to the aah advance segment of your amoalnt. Cash equivalent traossabons include the purchase of who transfer money orders, beta, lottery tickets, casino gaming chips, and other similar products or services. Your Credit Limit. You agree to make purchases or obtain cob advw= only rep to your credit W& If you have ddkmd credit limits for diflor n segments ofyour aoooan, you will be iribmed of the credit ]writs an your periodic statement We may change your credit limit at any time, may limit the =am that is available for ash advances, or may exclude ash advances entirely from your secant We may honor transactions in excess of yo r credit limit and lase transactions will be covered by this Agreement Making Payments. You promise to pay us all amounts due resulting from the use of your account, imcktdnmg any finance charges and other charges due under the tams of this Agreement. Payments must be made in U.S. dollars. Payments made by a negotiable iosnvmment such as a check or a money order must be in a foam acceptable to us and be drawn on a U.S. fimncint insohmon. You must pay at least the minimum payment shown on your statement However, you may pay more than to minimum payment or pay the balance in fun. In any case, Snenm charges will motmue to be assessed during billrog periods that you carry a balance regardless of whether or not your statement shows a mkdinu n payment due, We can accept late payments a partial payments or checks and money orders marked "payment m fun" or other similar language without losing any of ourjjW Under this Agreement including our right to receive payment in Sill. Periodic StaMrne t. Each mmtm you have a balance in your account, we will send you a statement showing all transactions billed to your account during the billing perlod. TboWling period is the time from me statement closing date frougl lid.-l ding the next statement closing date. The statement closing date determines the month of it specific billing period. For example, your hnuary bi'll'ing period is the bift period with the statement closing date in January. POW= Charge inkmnstlon. A. Ad-umrum FYP=w O wgo. For each billing period dhat yam amount is subject to a finance charppe, a minim an total finance charge of $OSO will be imposed If the total fioarroe charge resulting from the application your periodic ram(s) is ins than $0.50, we will subtract that amount from the $0.50 mWmum and the dif5'aece will be billed to the purcl ass segment of your account. B. Accruing Fnuuu s Cdhwgo. You may not avoid Boma charge an ash advances and gxxW lramsA You may void Eannee charge on maw purchases, new Special purdssm, and on new other charges by paying the total new balance in full prior to the date your payment is dus (this is the grace period on new purchases). If you do not pay the entire new balance from the CUSTOMER AGREEMENT Ul`Clc;m re ;o?iCrCG-+tcr 001/3-11 previous monthly statement, Same charge will accrue on the entire pnwiotn new balance from the first day of the new billing period Fkanoe charge, when Whcabka, will be assessed as fblbwx • TranaKhom mete during the current billing period: Sum transaction date. • Undated transactions and transaction made with convenience checks: from the date the transaction, is processed to your account • Transactions made prior to the current billing period: firm the first caladar day ofthe current bftg period. G Parlodfc Ratan. We dot== the daily periodic rate by dividing the aural percentage mm by 365 (if your billing address when you opened your account was in IA or WI and you have not used your account aunt 10/3 INS, we use monthly periodic rate ddemanc i by dividing the amid percentage rate by 12), and rounding it up to the nearest 1/1000th of 16A The rate may be diSara I for each segment of yaw account (og. cash advance, pu clu se, Vocal ptrrhase, and special trarsfier if applicable for your accont). You were told the daily periodic rate(s) when. you opened your account If your amount has an introductory nuo(a), the rate(s) will remain in effect unless you are 30 days or more late in malting a payment or are ovedimit in which case the periodic rate(s) may be changed to the postimndumgary ram(s). If any other rate clanip are made subsequent to your account opening, you will be advised of the new rate. D. Calculating Fowice Chrga We calculate Seance charge each day by multiplying the balsoce of each sager of your account (e.& ash &hum , pucbase, special purchase, and special transfer) by the daily periodic rate(s) that has been previously disclosed to you. Each day during to billing cycle, we Wb, the daily periodic rate for each Segment of your amount to the daily balance of each segment We then add up the resuilb of these daily calculations to arrive at your total periodic finance charge. To get to separate daily balances for each segment of your account fa the current billing cycle, each day we take the aepaaae beginning balance far each segment and separately add cry trarsxtias and any lac finance charges calculated on the previous day's balsas for each segment We then subtract any payments or credits posted as of that day that are allocated to each segment Ibis gives us the separate daily balances for each segmet of your account However; do daily balance for purchases is considered to be zero for each day of the curt billing cycle if you paid in fidl the Naw Balance if any, shown an your previous statement (or if your New Balance was zero or a credit amounts If your billing address when you opened your account was in IA or WI and you have not used your account after 10/31/98, finance charge is figured by applying a monthly periodic rate to the average daily balonos of your auxxpun =111ding finance charge. E. Variable Raft Where and when variable rates apply to your amour, the ram(s) may vary monthly based on changes in the highest one (1) month Ladon IaOabank Offired Rate aMR) published in the "Matey Rates" sactim of flier WaU Street Jownd on the 5th day of each month, or if not published on then da% on due mast recent date of publication prior to that day; any changes will be elfectha with your Bill ft Period mdmg the following month. If to periodic ram(s) and corresponding amuai percentage ram(s) increase , the finance charp will ioc ate and your miamem payment may be porter. F. Carp Advance Fos Fhwom Chwge. If a cash advance fee applies to your account, you were told the fee when you opened your amount. The foe will be charged each time you obtain a ash advance and will be added to the ash advance segment of your account. If the fee is c bwpd Subsequent to your account oPenmg, you will be advised ofdm now fin Other Clwges, The tolbwiog charges may be billed to the Purchase scrunt of your account: late charge if we do not receive your payment in time for it to be credited to your account by the due date shown an your periodic statement (If your billing address (twtfass:d a reverse) hnihl r1". {.. ••...{.w ....dr ..r(`...u.? n-- ----- IA r.......e__ was in IA when you opened your account and you have not used yaw acumt aft 10131198, payment must be reudved wilhn 10 dqs agar the due dab.): ovetlnhh dtage if your asouat ettoeeds its assigned aedit fiend, auras if we apPoved the tivsdmh a=unt reftrud chock dirge if a check is teI r I b m for any reasoq or if we raison boast your account access duets for any reason; and copy. cnrgm for dupliiate copies of bntanntsions or sbtemenb unless mquW fist balling dsp la mokb n. These charges win not be assessed if your billing adduces was in PR when yar socat of was opened or ff your billing addree was in WI when your account was opened ad yon bave act used yea ammo t after 10/31198. The fee amounts were disclosed to you when you opened yaw account If any of these fees are dinged subsequent t0 ycur doom t opening you will be advised Me new feu Mwrbsrshlp Fis. if your account has a mms1 14 feq k was disdomd to you when you opened yur account The fee will be billed m the prarbese segmet of your account If the fee is dmged mibsequent to yar accow oPe B'. you will be advised of the dmge. F ub= Oilers. The teams of any Ron other will be disclosed to you at the time the oft is mete. If you accept an oft, ft terms Will become effacfm imadisidy unless odwv ise apec5ed in the offer. Default We may consider you to be in deft* coda this Agreemmt it (a) you fart b pay lie Milk- payment on tints, or (b) you exceed year am* lfmk. To the ommI permi d by law. you may also be in defkak under this Agreemem If (1) you vlobae any of the other tenor of ft Agm went, or any of the teens of may other agreeni t with us or any of our aflii os, or (2) you made any finlse or mislee tg atrtemamts on your appliadon, or (3) badaaptcy or other insolvency proceedings ate listened by you or against you. After you are n defauk (or afla we give you any nonce of or riglt to due the def iuk if re*&W by bhwj we may red UiCt your aceart from new bumcdom, or close your amount and dement * 1. , e Payment of the e=re mMandng balance. To the eat art pamised by law. YOU agree to Pry ell court Costs and COUNdw expenses incurred by us in the oolkcdon of any arrant you owe us under tins Agreement If yon defisok and we refs your account for conecdon to an attorney who is not our salaried anpkryeati, to the exlrt peremsed by low. YOU agree to Prey mumble womeya' fi You also agree to Pay my COSb we may ear n retrieving your cards, mckdmg dry costs we may nor by having your account placed on a restricted list M You Cbm Your AeomwL You can, dace your await by notifying us in wnifmg. If you dose your wounut you oust so pry all ameuob you owe us and will be responsible for any charges that you atidatz ed prior In giving as your notice lf&m is a metership fee for Yon' acCOUM the !be Will C006M to be long, W the Extent pamitbd by law, until the octant balance bas been paid in fun. You nest also redrn all Cads sod asootnt ad0ead checks to a6, CKWd all preesmormed billing arahgemmb and cease using your mmmL If yon want to slop an mAmind tree's so= to your account ym mast sand um WrdkR notice along with the user's sad ('da=y) and any accotatt access dtedcs he or she may barve. If you are on" m mmm that persmh cad and ateosent access checim, and you advise us in writing to dose your atcarrt, your accost win be closed and both You and the joie: molder, if any, may apply for a new account if we dole the account, you and tbe4oiOk cu&oMw, if any, will still be liable, individually and togedaer, for as anorrnb barged to your account UUU3-Zl K We Cancel Your Accamt or Suspend Credit F?vgegsa. We may at say time, wilt or without came and advance notice, tmninde this Agreement aodlar temposan7y?y suspend your aedk prhikcgrs. Ibis bwkWm but is not lohhed In, situations while you have vbW this Agreem of or whom we larva reason to doubt yew c edi wmNam (nr a-4 k ifyou pay us wilt insaffic imt funds cheeks on more dun an occasional basis). Your obligetions under dtis Agreement ocaderhe atta your rigbb to obtain =0 have been termiieted or suspended. We may dehy m en6 1 our rob under this Agreennmt wibot losing them. Chsttges In Terns. We may amend or dmge any pert of your Agrees irA the periodic tabs and omer cbergea, or add or remove re** mmb at any time. If we do so, we will give you aotke ifmquied by law ofsuch anmuI 'or change. to the annual parcoom a tab(s) will apply to your account balance firm flue of mcdve dab of the dienge, whedw or not the sooohrt balance mcbtded hams baled to the accotat bob e the dm p dab and whether or not you continue m we the account Chsogea to fix: and artier drsges will apply to your account tiom the alllxxive daft oftbedmge. , App oWle L34. 'Ibis Apeemaat will be governed by Virgins law and Federal law. SeveraWlty. The livability of any provision of this A.geenmw Shea tat BM%t be validhy of any other provislous. Lost or Stolen Cards or Acoastt Access Chet*s. If your cards or sccom aceens chadm arc lost or Stolen or if someone else may be using them wkbm your pmnW* notfy us at orrice by calling lie telephooa mmber down an the front of your periodic staoemmts. Your IidMy for ufeu &miacd use of your cards or accorst aocet1 check will not eoooee 1550.00. You win not be liable for rmeu&w and use that occurs after you w* us Your 60 ft Address. You agree to give us written nature of any change in your br"9ng address at least 10 days before the cbwge. Changes may be written in to space provided m the remittance coupon Pew of your periodic statement or may be set to the following address Coq" One, P. O. Box 85015, Richmond, VA 23285-5015. If your raoeant is a joist awwa t or ff mere dm one Perms is peranhte I bone 4 you agree that all nodoes mgadrg the t account may be sat solely to the address sown on our billing Cbmrtastleedona. We may all you (using live opaNDr3, auWmate dialing dwas, or recorded meshes) at borne or work and those calls will not be considered tnsoficha& We may monitor or record any calls we make or receive. We may release ioformetion to ones regarding the Was or history of your account We may mdse inquiries of &W patio in eomecdon wile mmomng and colleting your accotmt and you authorize such third parties tD release information abort you to us. CwdhoMw Basalt C ffdwM r bmdb may be dmged or terminsbd wflnt no0ce. The benefits may be provided by &W pities: we are not liable fbr such based- or for the actions or omissiorn ofdw did Parties. U.& Ctnsncy. ifyou mdse a purchase or cash advance to foreign currency, the trmncd n will be converted W U.S. Dollars using Visa or MularCad regolsdons and Visa or MaeletCmrd may charge you a comasim feu The rub in effed on the conversion dale may dif3a from the rib used m the inusacdon deb. , R 20100426_RMaPR+ 008 9008_20100426-stmt.txt 1 CYCLE 4 17 CAPITAL ONE CYCLE FACSIMILE REPORT 03/18/2010 - 04117/2010 PAGE 8239 ACCT-I0. X748 CARDS9008 STMT-TYPE. ENGLISH $0.00 TRANSACTICM?IS : $0.00 CREDIT-LIMIT: 900 CREDIT-AVAIL : 0.00 ${3.00 36MA-TOTCOST• $0.00 FEE-AMT- $0.00 HIGH-LATEFEE: $39.00 HIGH-PNLTY-APR: 23.1596.. WATCH: WO CRED-RVK: PD CUR-PO: 00 CTC IND: INS; RETURN-MAIL: FRAUD: a.: 06 CHARGED OFF. SO XFER. MULTI-IND: S PROV-ID: 000001 US PROF-CNTR: 0000000001 COB SERVICE-OWNER: [lnnnll Mainstreet OL-OPTIN-IND: 'TPC: MP HOLD: PREY-BALANCE: SAC-PGM: $1,595`.53 PYMi'S+SCREDITS $0.00 NEW-BALANCE : $1,595.53 MINIMUM PYMT S342.00 S0.00 DUE-DATE : 05/14/2010 900 CASH-AVAIL 0.00 RPAY-TOTMTHS: 0 RPAY-TOTCOST : $0.00 INTEREST-CTD: $0.00 INTEREST-YTp $0:00 SO.t? FEE-AMT-YTD ' $0.00 0.000 CLOSE-DATE : OOB; N MISS-ADDR: N BK-HOLD: N BANKRUPTCY; N LEGAL: N CTC-CHG-IND: ARCH: Y REASON; 04 HARDCOPY: 04 ACTIVE AMOUNT RATE CORR APR INTEREST CHRGS DEAN COSTOPOULOS Purchases 0.00 00.0408200 0014.900000000 0.00 125 CUMBERLAND OR Cash 0.00 00.0527100 0019.240000000 0.00 CARLISLE PA 17013462825 US NAME: DEAN COSTOPOULOS CREDITS: 00000 AMT OF CREDITS: PYMTS ' 00000 AMT OF PYMTS : NO CREDIT TRANSACTIONS FOR THIS CYCLE NAME: DEAN COSTOPOULOS DEBITS : 00000 AMT OF DEBITS NO DEBIT TRANSACTIONS FOR THIS CYCLE TBAL C/I BALANCE 0001 00 0002 02 TRANSACTION DATA SUMMARY CUST TYPE: 0 PRINT AREA: 001 NUM OF $0.00 NUM OF $0.00 CUST TYPE: 0 PRINT AREA: 020 NUM OF $0.00 Page 1 REWARDS: N INTR CMRGS : LATE FEET : 36NW-MTHPAY: OVERALL-APR: NEW: N EBPP: N CLOSE: 20100426._RMAPRA..60M0?9008 -20081218-stmt. txt 1 CYCLE # 17 CAPITAL. ONE CYCLE FACSIMILE REPORT 11/18/2008 - 12/17/2008 PAGE 6808 ACCT-ID: X0748 CARDB 48l 9008 STMT-TYPE: ENGLISH REWARDS: N FEE-FOR-BALANCE: N PREY-SAL: $1,487.87 PAYMENT&CREDITS: $0.00 FINANCE CHRGS: $29.66 TRANSACTIONS: $78.00 NEW-BALANCE: $1,595.53 MINIMUM PAYMENT: $342.00 LATE FEE: $39.00 DUE-DATE: 01122009 CREDIT -LIMIT: 900 CREDIT-AVL: 0.00 CASH-LIMIT: 900 CASH-AVL: 0.00 OVERALL-APR: 23.900 TPC : MP HOLD: 000 CLOSE-DATE: 008: N MISS-ADDR: N WATCH: WO CRDT-REV: PD OL: 06 PO: 07 CTC IND: INS: PC: 0000000001 ARCH: N REASON: 00 HARDCOPY: 04 NEW: N EBPP: N SERVICE-OWNER: 000011 SAC-PGM: CLOSE: CHARGED-OFF: XFER: FRAUD: BK-HOLD: N BANKRUPTCY: N CHARGEOFF: N LEGAL: N FRAUD: N TRANSFER: N CTC-CHG-IND: PROBE-IDS: LINE: DELQ: OVLM: AUTH: REIS: PROD: PRIC: USR1: USR2: USR3: MESSAGE-IDS: PAST-DUE: INSURANCE: TRIAD Ml: 80002 TRIAD M2: TRIAD M3: XFR: TEAL C/I BALANCE AMOUNT RATE CORR APR FINANCE CHARGE DEAN COSTOPOULOS Purchases 0001 01 1,421.31 00.0654800 0023.900000000 27.92 125 CUMBERLAND DR Cash 0002 01 88.58 00.0654900 0023.900000000 1.74 CARLISLE PA 17013462825 us TRANSACTION DATA TRANDATE REFERENCE NUMBER MERCHANT DESCRIPTION TRANS-AMOUNT POSTDATE C/D FC CARD NUMBER 12122008 PAST DUE FEE 39.00 12122008 D 9008 12172008 OVERLIMIT FEE DEC 17, 200 8 39.00 12172008 0 9008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Page 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ??ti«tir of ?n+riGrr???fd FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 24 PM 2: 41 Richard W Stewart Solicitor Portfolio Recovery Associates, LLC vs. Dean Costopoulos CU PENNS LVANIA T Case Number 2011-327 SHERIFF'S RETURN OF SERVICE 01/20/2011 02:59 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 20, 2011 at 1459 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dean Costopoulos, by making known unto himself personally, at 125 Cumberland Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. WN U HALL, DEP SHERIFF COST: $33.40 January 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF A? i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, : NO. 2011-327 CIVIL TERM LLC, Plaintiff V. DEAN COSTOPOULOS, Defendant CIVIL ACTION - LAW NOTICE TO PLEAD Portfolio Recovery Associates, c/o Robert N. Polas, Jr., Esquire & Carrie A. Brown, Esquire 140 Corporate Blvd. Norvolk, VA 23502 ? r- -1. N rn ca w -a Mc N 2 C) a .? r o° »4 o M You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. ANSWER WITH NEW MATTER AND NOW, comes Defendant, Dean Costopoulos, and responds to the allegations in Plaintiff s Complaint as follows: 1. Denied. Defendant is without information or belief as to the truth of the averments in Paragraph 1 of Plaintiff s Complaint, and the same are therefore denied and strict proof thereof is demanded. 2. Admitted. 3. Denied as stated. It is admitted that Defendant opened a credit card account with Capital One Bank in or around 2002. The remaining allegations are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 4. Denied. The allegations contained in Paragraph 4 are conclusions of law to which no response is required. To the extent a response is deemed to be! required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 5. Denied as stated. It is admitted that Defendant has in the past made purchases with a Capital One credit card. The remaining allegations are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 6. Denied as stated. It is admitted that Defendant has in the past received Statements from Capital One. The remaining allegations are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 7. Denied. The allegations contained in Paragraph 7 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 8. Denied. Defendant is without information or belief as to the truth of the averments in Paragraph 8 of Plaintiff's Complaint, and the same are therefore denied and strict proof thereof is demanded. 9. Denied. The allegations contained in Paragraph 9 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 10. Denied. The allegations contained in Paragraph 10 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 11. Denied. The allegations in Paragraph 11 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant respectfully requests that judgment be entered in his favor and against Plaintiff. NEW MATTER 12. Plaintiff's Complaint fails to set forth a cause of action upon which relief can be granted against answering Defendant. 13. Some or all of Plaintiff's claims may be barred or reduced by the expiration of the statute of limitations. 14. Some or all of Plaintiff's claims may be barred or reduced by the Fair Debt Collection Practices Act. 15. Some or all of Plaintiff's claims may be barred or reduced by Plaintiff s failure to mitigate damages. WHEREFORE, Defendant respectfully requests that judgment be entered in his favor and against Plaintiff. 125 Cumberland Drive Carlisle, Pennsylvania 17013 Phone: (717) 249-3084 Date: I ? ?qt VERIFICATION I Dean Costopoulos, do hereby verify that the statements made in the foregoing document are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsificat. O'? 2zs DATE CERTIFICATE OF SERVICE, I, Dean Costopoulos, hereby certify that on February 3, 20111 served a true and correct copy of the foregoing document by United States Mail, postage prepaid, upon counsel for Plaintiff as identified below: Robert N. Polas, Jr., Esquire Carrie A. Brown, Esquire 140 Corporate Blvd. Norvolk, VA 23502 Dated: Carrie A. Brown, Esquire PA Bar #:94055 Robert N. Polas, Jr, Esquire PA Bar #: 201259 J Portfolio Recovery Associates, LLC ZQ? E$ 23 2' 140 Corporate Blvd. Norfolk, VA 23502 rUMBERLAND COUNTY TELE: 1-866-428-4102ENI?SYLVAN? A 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. 2011 - 327 V. DEAN COSTOPOULOS Defendant REPLY TO NEW MATTER AND NOW, this day of R 011, comes the Plaintiff, Portfolio Recovery Associates, LLC, by and through -itsattorneys, and files the within J Reply to New Matter and in support avers as follows: The allegations and averments contained within paragraphs 1 through 11 of Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 12. Denied. The allegations contained in Paragraph 13 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 13. Denied. The allegations contained in Paragraph 13 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 14. Denied. The allegations contained in Paragraph 14 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 15. Denied. The allegations contained in Paragraph 15 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss Defendant's New Matter, and enter judgment in favor of Plaintiff and against Defendant, along with the allowable costs of this action and such further relief as is appropriate. Respectfully submitted, %-,4 Carrie A. Brown, Esquire #94055 Robert N. Polas Jr., Esquire #201259 Attorneys for Plaintiff Carrie A. Brown, Esquire PA Bar #:94055 Robert N. Polas, Jr, Esquire PA Bar #: 201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-4102 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. 2011 - 327 V. DEAN COSTOPOULOS Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Reply to New Matter upon Counsel for Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on this ? 9 day of 2011, to: Dean J. Costopoulos 125 Cumberland Drive Carlisle, PA 17013 Carrie A. Brown, Esquire #94055 Robert N. Polas Jr., Esquire #201259 Attorneys for Plaintiff 'Carrie A. Brown, Esquire Robert N. Po las Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff I- t*HE iTOTHONOTAR'; 2.014 APR 16 PM 2:214 CUMBERLAND COUNTY PFNNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff V. DEAN COSTOPOULOS 125 CUMBERLAND DR CARLISLE PA 17013 Defendant No. 2011-327 PRAECIPE TO SETTLE DISCONTINUE AND END PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, DISCONTINUED AND ENDED. 09-95749 Res y submitted, ert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff This communication 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. Po las Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 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, LLC : 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff : No. 2011-327 V. DEAN COSTOPOULOS 125 CUMBERLAND DR CARLISLE PA 17013 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle Discontinue and End upon on this 09-95749 day of EAN COSTOPOULOS by First Class Mail, Postage Pre-Paid, a copy thereof , 2014, to: DEAN COSTOPOULOS 125 CU MB t ND DR, CARL rt N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff 013 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will he lice(' for this niimnee