Loading...
HomeMy WebLinkAbout11-3933Rdbert 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 140 Corporate Blvd. Norfolk, VA 23502 V. ASSOCIATES, LLC . No 33 ?? h( ) dQ ? C}"Ti 2-' o CDC' _ - A 7C. Plaintiff JORDAN WADLEY 325 SHARON DR NEW CUMBERLAND PA 17070 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 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. S 'cw A? OJA dk ?? asgy5S 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: 1-866428-8102 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. JORDAN WADLEY 325 SHARON DR NEW CUMBERLAND PA 17070 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 I his communication is from a deft collector and is, an attempt to collect a debt, Any information obtained N ili he used lorthat PrtcfoSel 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. JORDAN WADLEY 325 SHARON DR NEW CUMBERLAND PA 17070 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 JORDAN WADLEY, is an adult individual with last known address of 325 SHARON DR, NEW CUMBERLAND PA 17070. 3. It is averred that Defendant was indebted to GE MONEY BANK F.S.B. / CARE CREDIT on December 5, 2007 with account number ************1473 (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. l his comimmication is from a cleft c4)llector and is ai) attempt to collect a debt. Aniv infonnation obtained will he w;ed fist' 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 October 9, 2009. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK F.S.B. / CARE CREDIT 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 $4,506.34. 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, JORDAN WADLEY, in the amount of $4,506.34, plus costs of this action and any other relief as the Court deems just and r onable. Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 10-66741 connnuttication is from a debt collector and is an a€Ecnipt to collect a debit, ,any infionnation obtained will be tt ed t< ?t that purp ),,e. 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 unsworn falsification to authorities. Date : By: 1 Custodi oOecords 10-66741 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: ************1473 JORDAN WADLEY Account Holder: JORDAN WADLEY 325 SHARON DR NEW CUMBERLAND PA 17070 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase: Purchase Date: Product Code: PVT GE MONEY BANK F.S.B. / CARE CREDIT Portfolio Recovery Associates, LLC ************1473 December 5, 2007 October 9, 2009 May 20, 2010 $4,506.34 June 23, 2010 Balance at Purchase: $4,506.34 Less Payments: $.00 Balance Due: $4,506.34 10-66741 GESI48 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, Tana Hullenbeck , 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. / CARE CREDIT ("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 June 23, 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 JORDAN WADLEY ("Debtor") to the Account Seller the sum of $4,506.34 with the respect to account number (************1473), as of June 23, 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 $4,506.34. Port folio very Assoc' tes, LLC J By: Th= ll beck , Custodian of Records Subscribed and sworn to before me on of , 2011 Nota P lic Nicole J. Moore U of Virginia -aux- 10-66741 CommonweaiPubiic Notary Commission No. 7373912 813112014 Commission Expires My I'his, conun wucatioti is fiord a debt collector and is an attempt to collect a debt. Anv info rniation obtained will be used for that p?irpose. a OB64201312 GE Card Swvtces 6 0024 p.m. 00-25-2010 1 /s BILL OF SALE For value received and in further considemlon of the matual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement (the "Purchase Agnamenel dated as of Much 31, 2010 by and between GE Capital Corp. (collectively "Seller") and Portfolio Recovery Associates, L LC C'Buyeel, Seller hereby transfers, sells, conveys. grants, and delivers to Buyer, its successors and assigns, without recourse except as set fords in the Purchase Agreertert to the extent of its owneahip, the Receivables as at forth in the Notification Files (aa deflo d in the Pu mhase Agreement), delivered by Seller to Buyer on each Transfer Date, and as further described in the Purchase Agreement. GB Capital Corp. By: ??y-------•_•_.. Title: V P GES.r+g Date: to -2V- 10 AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of Ohio County of Montgomery Victor Balaguer, being duly sworn, deposes and says: 0 I am over 18 and not a parry to this action. I am the Recovery Specialist of GE Money (creditor). In that position I am a custodian of the creditor's books and records, and am aware of the process of the sale and assignment of electronically stored business records. On or about June 23, 2010, GE Money (creditor) sold a pool of charged-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Portfolio Recovery Associates, LLC. As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of GE Money (creditor). GE5149 I am not aware of any errors in these accounts. The above statements are true to the best of my knowledge. Signed thi?? day of ??iI?ST _ 2010.