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HomeMy WebLinkAbout11-0899Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. 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 V. NORMAN ANDERSON 50 BONNYBROOK RD # BLOCCK21, CARLISLE PA 17013 Defendant No. °i M :ra M= - rn r..) o 0 , r-;T! CD v C-, ° -n ? r ( 7 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 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. OL&J, Ctaoa?da ` Ck-?Io??? ? yp y7 Q??svag8 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. NORMAN ANDERSON 50 BONNYBROOK RD # BLOCCK21, 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 TM-4E 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 fioiu a debt collector and is an attennpt 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. NORMAN ANDERSON 50 BONNYBROOK RD # BLOCCK21, 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 NORMAN ANDERSON, is an adult individual with last known address of 50 BONNYBROOK RD # BLOCCK21„ CARLISLE PA 17013. It is averred that Defendant was indebted to CAPITAL ONE BANK, N.A. on December 24, 2001 with account number ************2140 (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. 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 February 13, 2009. Plaintiff is the purchaser, assignee and/or successor in interest CAPITAL ONE BANK, N.A. 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 $1,214.70. 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, NORMAN ANDERSON, in the amount of $1,214.70, plus costs of this action and any other relief as the Court deems just and reasonable. 10-24655 f61- 11-1 Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 -1bis contmunication. 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, Tanya 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 10-24655 By: J Jk6b2c? Custodianecords 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: 1-866428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************2140 NORMAN ANDERSON Account Holder: NORMAN ANDERSON 50 BONNYBROOK RD # BLOCCK21, CARLISLE PA 17013 Consumer Account Product Code: MC Issuer: CAPITAL ONE BANK, N.A. Assignee: Portfolio Recovery Associates, LLC Account Number: ************2140 Date Account Opened: December 24, 2001 Date of Last Payment: February 13, 2009 Date of Charge Off: September 22, 2009 Balance at Purchase: $1,214.70 Purchase Date: October 13, 2009 Balance at Purchase: $1,214.70 Less Payments: $.00 Balance Due: $1,214.70 10-24655 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, Tanya Hollenbeck , 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, 140 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 CAPITAL ONE BANK, N.A. ("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 13, 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 NORMAN ANDERSON ("Debtor") to the Account Seller the sum of $1,214.70 with the respect to account number (************2140), as of October 13, 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 $1,214.70 . Portfolio Recovery Associates, LLC L By: k Custodian of Records and sworn to before me on of Q 1 j!1 , 2010 .n " Donyetta McNeil 10-24655 Commonwealth of Virginia Notary Public Commission No. 348523 My Commission Expires 01/31/2014 This communication is from a debt collector and is an attempt to collect a debt. Any infonnation obtained will be used for that purpose. 0 0 Amen A Forward Flow fable Sale A t Aumadmest Nand cr 2 Forward Flow Recelvablo Sak AVveaaent tlaW Fetwe try *, 2009 BILL OF SALE Ckdnt DaW. Ock*w 13th, 2009 This Sill of Sale is delivered p t to that certain Forward flow Rtoc ivable Sale Astectment, deed as of 1=ebmq 6th, 2009, a amended, by mW between Seller (as vwccasor to CqmW One Sank) and Buyer (thc "A man. All capitalized ft= used, but not damned, in this Bull of Sale dash ham the mean' aaei d to such term in nt. The Cutoff Aare for the Sale File was October 8th, 2 ? CAPITAL (USA), NATIONAL ASSOCIATION Sy" Namr- dik Title: g"do .?._ y, O W Q Q W 0 Y • J al S 1FM ? p fYi ? Y sit ° t?.; -1 46 3 t '21 1 RHIA I -I -1 -1 g ,'A I I UZI A, gig. A -A a 0. Qg?? 10 'A 116 ?. 3 `43 dtiz °i qg ae mill, A1? & alff F 86 IC k. ? JA A9A .8 Ad 1.1 1 o I 1 .4-1 1 - A 9 H Al m A Alvin 1.72 s s ?. Ell E JIM :kg g a a ?. .. I 13 's s PIS jig P w E Sit dH all 0.8's-fifil IA E 3?a ?s? a Oq 4 will lit lit IRS a [firm-to FIM f s ? ! I I I so I I 1. 12 11 s" All a a 5 $??. . t .? ? ? ? ? ? ? ?• .? a .? g• ??? ?.? ? ? . ? ? ? ? St 'era ? .? To '?i ?p¢{ at is ??` g oe G 6 P , I pt l? S ar x Al 1. lit? . g ?, .? g fil. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ' fly l Sheriff + i Jody S Smith .' , . , '} Chief Deputy - i Richard W Stewart S 1EE'(t rte, ,- S I'" t'¢ , , Solicitor Portfolio Recovery Associates, LLC Case Number vs. Norman Anderson 2011-899 SHERIFF'S RETURN OF SERVICE 02/03/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Norman Anderson, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Norman Anderson. Request for service at 50 Bonnybrook Road #BLOCK 21, Carlisle, Pennsylvania 17013 Norman Anderson was not found. Deputies were advised, current resident of 50 Bonnybrook Road, #BLOCK 21, Carlisle, Pennsylvania 17013 has been at this location for over 3 years. SHERIFF COST: $33.40 February 03, 2011 SO ANSWERS, RONW R ANDERSON, SHERIFF Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Attorney ID # 94055/201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 Attornevs for Plaintiff s: ? ?!-f1 r 1 ;L t_;OTHONOTARY 2011 FEB 28 AM 10' 52 CUMBERLAND COUNTY 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. NORMAN ANDERSON 50 BONNYBROOK RD BLOCK 21 CARLISLE, PA 17013 Defendant No. 1 1-899 PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respectfully-??ubmitted, 10-24655 Carried 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 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. 11-899 V. . NORMAN ANDERSON 50 BONNYBROOK RD BLOCK 21 CARLISLE, PA 17013 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Dismiss upon Norman Anderson, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of February, 2011 , to: Norman Anderson 50 Bonnybrook Rd. Block 21 Carlisle, PA 170 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 10-24655 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.