Loading...
HomeMy WebLinkAbout11-3811Robert N. Polas, Jr., Esquire PA Bar # 201259 3 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 140 Corporate Blvd. Norfolk, VA 23502 V. JOSH SMITH 100 S 16TH ST CAMP HILL PA 17011 ASSOCIATES, LLC Plaintiff Defendant No. //- a* / / C") c _ _-4 4 c CD -.0 C:) ~r? 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. 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. JOSH SMITH 100 S 16TH ST CAMP HILL PA 17011 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 This c oninit_inication is fits to a cleft collectoi, mid is att at , mpt to collect a debt_ Anv information obtained will be used foi- 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. JOSH SMITH 100 S 16TH ST CAMP HILL PA 17011 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant JOSH SMITH, is an adult individual with last known address of 100 S 16TH ST, CAMP HILL PA 17011. 3. It is averred that Defendant was indebted to GE MONEY BANK F.S.B. / PAYPAL on April 24, 2008 with account number ************6578 (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 c onintunication from zj debt collec for awl is an attcinpi to collect a d hl. env information obtained will be uaed fOr tltit 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 March 8, 2010. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK F.S.B. / PAYPAL 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 $1,779.78. 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, JOSH SMITH, in the amount of $1,779.78, plus costs of this action and any other relief as the Court deems just and reasonable. I U Robert N. Polas Jr., Esquire # 201259 ! Carrie A. Brown, Esquire # 94055 10-63424 This communication is fron) a debt collector rand is aal attet. pt to collect a debr. Anv information obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, 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 unsworn falsification to authorities. APR 062011 Date : By: Custodian of Records 10-63424 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 PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************6578 JOSH SMITH Account Holder: JOSH SMITH 100 S 16TH ST CAMP HILL PA 17011 Consumer Account Product Code: PVT Issuer: GE MONEY BANK F.S.B. / PAYPAL Assignee: Portfolio Recovery Associates, LLC Account Number: ************6578 Date Account Opened: April 24, 2008 Date of Last Payment: March 8, 2010 Date of Charge Off: July 22, 2010 Balance at Purchase: $1,779.78 Purchase Date: August 26, 2010 Balance at Purchase: $1,779.78 Less Payments: $.00 Balance Due: $1,779.78 10-63424 GECI97 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,( J iJ-? (_jy) , 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. 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 GE MONEY BANK F.S.B. / PAYPAL ("Account Seller"), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on August 26, 2010. 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 JOSH SMITH ("Debtor") to the Account Seller the sum of $1,779.78 with the respect to account number (************6578), as of August 26, 2010 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 $1,779.78 . folio Recovery Associates, LLC `v By. v , Custodian of Records Subscribed and sworn to before me on U of , 2011 N ary Public 0 Nicole J. Moore 10-63424 Commonwealth of Virginia Notary Public Commission No. 7373912 My Commission Expires 8131/2014 'I his conttuti:, ; is froth a debt collector- and is an attempt to, collect a debt. 'tny iril'or nati n . ',!: i-A will be used for that purtx}we. IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW c PORTFOLI O RECOVERY ASSOCIATES, LLC -V:x c - `Tt T 140 Corpora te Boulevard -n Norfolk, V 23502 ; r ?- ' -arn Plaintiff No. 11-3811 CIVIL -< > C) V. JOSH SMIT H 2p 6-n nc--) 100 S 16T ST c o rn CAMP HIL L PA 17011 A rv e ?' Defendant - PRAECIPE FOR DEFAULT JUDGMENT Complaint. (X) (X) (X) (X) Date: enter Judgment in Favor of Plaintiff and against Defendant, JOSH SMITH , for failure to answer the Amount Due $1,779.78 Less Credits $.00 TOTAL $1,779.78 I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. Pursuant to PA.R.C.P.237 (Notice for Final Judgment or Decree), I certify that a copy of this praecipe has been mailed to each other party who appeared in the action or to his/her Attorney of Record. Pursuant to Pa.R.C.P.23 1. 1, I certify that a written notice of intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of record, if any, after the default occurred and at least en days prior to the to of the filing of this praecipe and a copy of the notice is attached. Robert N. Polas, Jr., Esquire #201259- Carrie A. Brown, Esquire #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-888-772-7326 (F) 757-518-0860 Attorneys for Plaintiff '2'ok a I4. W Pd 1190-1 z at??asa? l,i,iis communication is frc>rn .1 cicht colicut€fr is an attcrnpt to collect a ilebP. Any information. obtained will be used (or dint pinpose, ???t U? PORTFOLIO RECOVERY ASSOCIATES, LLC Litigation Department 140 Corporate Boulevard Norfolk, VA 23502 Telephone 1 (866) 428-8102 Fax: (757) 518-0860 Hours of Operation: Monday through Friday 8 AM to 9 PM (EST) June 1, 2011 JOSH SMI 100 S 16TH ST CAMP HILL PA 17011 10-63424 RE: POR FOLIO RECOVERY ASSOCIATES, LLC VS. OSH SMITH 11-3811 CIVIL Dear JOSH Encl sed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Ci '1 Procedure. Sincerely, Robert N. Polas, Jr., Esquire Carrie A. Brown, Esquire Attorney ID# 201259/94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA Attorneys for Plaintiff I 'his cOmmunication is fron) a debt collector is an attempt to collec t a ,.;.'+ . Any information obtained still be used for that purpose. i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corpor to Blvd. Norfolk, VA 23502 V. JOSH SMITH 100 S 16T ST CAMP HILL PA 17011 TO Plaintiff Defendant JOS SMITH 100 16TH ST CA HILL PA 17011 DATE OF N TICE: June 1, 2011 IMPORTANT NOTICE No. 11-3811 CIVIL YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROV E 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 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 Robert N. Polas, Jr., Esquire Carrie A. Brown, Esquire Attorney ID # 201259/94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, Va 23502 Attorneys for Plaintiff l lti L-o nzrtunic; tion is from. i debt collector is an attempt to cc-llect a debt. nv in.l'onuation obtained will be used fo that purpf>se. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATE, LLC 140 Corporate Blvd. Norfolk, V 23502 Plaintiff No. 11-3811 CIVIL V. JOSH SMITH 100 S 16T ST CAMP HILL PA 17011 Defendant AFFIRMATION OF NON-MILITARY SERVICE The ndersigned counsel, as attorney for plaintiff, herein affirms under the penalties of perjury that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief, the above named Defendant, is over 21 years of age; is last known to reside at 100 S 16TH ST CAMP HILL PA 17011 and is not ine military service of the United States or its Allies, or otherwise within the provisions of the Service Members Civil Relief Act and its Amendments. Date: Robert N. Polas, Jr., Esquire, #201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff 10-63424 I'lris corn inurlic:ation is a debt collector and is are attempt tt) collect a debt. lrsv infoi maticii obtained, will he used for that purpose. II I Department of Defense Manpower Data Center Jun-13-2011 14:13:34 Military Status Report 10-63424 Pursuant tote Service Members Civil Relief Act Wtv ?< Last First(Mi dle Begin Date Active Duty Status Active Duty End Date Service Name Agency SMITH JOSH Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the info mat on data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is t e current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public H alth, and Coast Guard). 4but A 44- ' Mary M. Snavely-Dixon, [ Department of Defense - 1600 Wilson Blvd., Suite Arlington, VA 22209-259 The Defense Manpower and Eligibility Reporting eligibility systems. The DoD strongly suppc (formerly known as the any information indicatir the individual reference( or is otherwise entitled t contacting that person's the person is on active c against you. See 50 US anpower Data Center Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment System (DEERS) database which is the official source of data on eligibility for military medical care and other is the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) )Idiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess I that the individual is currently on active duty" responses, and has experienced a small error rate. In the event above, or any family member, friend, or representative asserts in any manner thatthe individual is on active duty, the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by Service via the "defenselink.mil" URL h=:LAwiw defenselink miifagipis/PC09SLDR html. If you have evidence Ity and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this We site and we will provide a new certificate for that query. This response reflects a tive duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical informabo , please contact the Service SCRA points-of-contact. More information on " ctive Duty Status" Active duty status as rep rted in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the ase of a member of the National Guard, includes service under a call to active service authorized by the President or the Secrets of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency eclared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an autt orized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Du status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or he National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the S RA is Broader in Some Cases Coverage under the SC A is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be report d as on Active Duty under this certificate. Many times orders area ended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification hould check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of se ice. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be induced, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important becau e a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on his certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are orot cted. WARNING. This certifica a was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous ertificate to be provided. Report ID:8PCQTQN?