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HomeMy WebLinkAbout11-5061Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. r" I L i D1- 0 F ` I L Norfolk, VA 23502 - ' R I " TELE: 1-866-428-8102 FAX: 757-518-0860 2011 J111 4 20 1 f Attorneys for Plaintiff o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY 140 Corporate Blvd. Norfolk, VA 23502 ASSOCIATES, LLC No. V. RUSSELL E CASEY 404 PETERSBURG RD CARLISLE PA 17015 Plaintiff 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 S Carlisle, 17013 ? (717) 249 49-3166 Pennsylvania Lawyer Referral Service 19?.? L (800)692-7375 *Y7? Q` 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. RUSSELL E CASEY 404 PETERSBURG RD CARLISLE PA 17015 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 action 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 debt collector and i an attenipt 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. RUSSELL E CASEY 404 PETERSBURG RD CARLISLE PA 17015 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 RUSSELL E CASEY, is an adult individual with last known address of 404 PETERSBURG RD, CARLISLE PA 17015. 3. It is averred that Defendant was indebted to CITIFINANCIALINC. / SOFAS UNLIMITED on November 30, 2007 with account number *********7516 (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. lhi? communication is from a debt collector and is an a€tc`nipt to collect a debt, Any information obtained will be tised for tliat 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 18, 2009. 8. Plaintiff is the purchaser, assignee and/or successor in interest CITIFINANCIALINC. / SOFAS UNLIMITED 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 $5,243.83. 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, RUSSELL E CASEY, in the amount of $5,243.83, plus costs of this action and any other relief as the Court deems just and r ble. Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 10-80807 "phis communication is tiom a debt collector and is in attempt to collect a debt. AnI in,fortuation cbtained will be Used t'or 111M pUrpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Meryl Dreano 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 : 10-80807 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: *********7516 RUSSELL E CASEY Account Holder: RUSSELL E CASEY 404 PETERSBURG RD CARLISLE PA 17015 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 CITIFINANCIALINC. / SOFAS UNLIMITED Portfolio Recovery Associates, LLC *********7516 November 30, 2007 February 18, 2009 August 31, 2009 $5,243.83 May 28, 2010 Balance at Charge-Off: $5,243.83 Less Payments: $.00 Balance Due: $5,243.83 10-80807 CFNI36 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, Meryl Dreano depose, affirm and state as follows: Custodian of Records, for Portfolio Recovery Associates, LLC hereby 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 CITIFINANCIALINC. / SOFAS UNLIMITED ("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 May 28, 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 RUSSELL E CASEY ("Debtor") to the Account Seller the sum of $5,243.83 with the respect to account number (*********7516), as of August 31, 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, Account Assignee claims the sum of $5,243.83 as due and owing as of the date of Subscribed and sworn to before me on , 2011 No Public 10-80807 `> . c m 0,F7 /weall AzS fo com ota of Vir n MY com sssio NO bAC gin/a soy FXpi?es ?a680 ?g 14 This communication is f om a debt collector anid is an attennpt to collect a debt. Any information obtained will be tised for that purpose. c ti financial ? BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT THIS BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT is dated as of May 28, 2010 between CitiFinancial, Inc, located at 300 Saint Paul Place, Baltimore, MD 21202 (the "Seller") and Portfolio Recovery Associates, LLC, a Delaware limited liability company, located at 130 Corporate Boulevard, Norfolk, VA 23502 ("Buyer"). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated January 5, 2010, between Buyer and the Seller (the "Agreement"), the Seller does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, all of the Seller's right, title and interest in and to the Accounts described in Section 1.2 of the Agreement. Except as provided for in the Agreement, this Bill of Sale, Assignment and Assumption Agreement is executed without recourse and without representations or warranties including, without limitation, warranties as to collectibility. CitiFinancial, Inc. Seller By (Signature) Name: Michael Taulbee Portfolio Recovery Associates, LLC Buyer By: (S?? ignatture 1 Name: M lLf?16eJ? ?- re11f Title: Senior Vice President Title: A,." - C FNI3G SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 7-'ic F) `f' ' Sheriff ?? of clwturrf4/ 3 1d Jody S Smith 2! o t '1U22 Pi's ??` Chief Deputy Richard W Stewart M ="•rL?'A °t 1 CSFfiit T.:, i ENINu t lLi. Solicitor Portfolio Recovery Associates, LLC Case Number 2011-5061 vs. Russell E. Casey SHERIFF'S RETURN OF SERVICE 06/22/2011 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: Russell E. Casey, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Russell E. Casey. Request for service Russell E. Carey as advised by an 404 adult male at this t is Road, Carlisle, Pennsylvania 17015 was occupied address who would not accept the paperwork on by a behalf of Russell E. Casey. SHERIFF COST: $39.00 June 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ro; ce..otty&Ae $hen$ Teleosott Inc Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Attorney ID # 94055/201259 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff ;_,;. ~~~7 ~~~ (~ !~~ ~Q: ~~ ~'UA9~ERLAtdt7 Ct~UNT ~. ~Etd~SY~yAt~fq 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. RUSSELL E CASEY 404 PETERSBURG RD CARLISLE PA 17015 Defendant No. 11-5061 PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respectfully Submitted, Carne A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 10-80807 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 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 l 1-5061 v. '' RUSSELL E CASEY 404 PETERSBURG RD CARLISLE PA 17015 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Dismiss upon RUSSELL E CASEY, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of ~ , 2~0~, to: v RUSSELL E CASEY 404 PETERSBURG RD, CARLISLE PA 17015 Date: 10-80807 l~ Carrie A. Brown, Esquire, # 94055 Robert N. 1'olas, Jr., Esquire, #20129 Portfolio Recovery Associates, LLC ~'~ 120 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.