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HomeMy WebLinkAbout11-5062Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC L L D - 0 ' ? CL- 140 Corporate Blvd. T ti P ;POT * 11 rlr t ` Norfolk, VA 23502 TELE: 1-866-428-8102 t^? J?l? 2? ?fii L FAX: 757-518-0860 Attorneys for Plaintiff PPS SY! VAINIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 No. Plaintiff V. DONNA HOTHAM 2 NORTH LOCUST STREET CAMP HILL PA 17011 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 cll-? This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. ?(oU?G 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. DONNA HOTHAM 2 NORTH LOCUST STREET 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 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 front a debt collector and i5 an attempt to collect a debt. :'any info rntatioci obtained will he used Cor 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. DONNA HOTHAM 2 NORTH LOCUST STREET CAMP HILL PA 17011 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 DONNA HOTHAM, is an adult individual with last known address of 2 NORTH LOCUST STREET, CAMP HILL PA 17011. 3. It is averred that Defendant was indebted to GE MONEY BANK F.S.B. / LOWES on April 27, 2003 with account number ************4729 (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. }:his coi ummication is #con, a debt collector and is in attempt to cc,llect a detat. An1v infrrniat:ion 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 May 7, 2010. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK F.S.B. / LOWES 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 $1,157.62. 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, DONNA HOTHAM, in the amount of $1,157.62, plus costs of this action and any other relief as the Court deems just and reasonable. 1 l Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 10-79528 l his communication is from a debt collector and is an attempt €o collect a deb:. Aniv ittfonitation obtained will be used to that parpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Meryl Dmano 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 Date : Ial 10-79528 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: ************4729 DONNA HOTHAM Account Holder: DONNA HOTHAM 2 NORTH LOCUST STREET CAMP HILL PA 17011 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. / LOWES Portfolio Recovery Associates, LLC ************4729 April 27, 2003 May 7, 2010 August 7, 2009 $1,157.62 July 29, 2010 Balance at Purchase: $1,157.62 Less Payments: $.00 Balance Due: $1,157.62 10-79528 GECI73 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPTTO 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 , 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, 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 GE MONEY BANK F.S.B. / LOWES ("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 July 29, 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 DONNA HOTHAM ("Debtor') to the Account Seller the sum of $1,157.62 with the respect to account number (************4729), as of July 29, 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, Account Assignee claims the sum of $1,157.62 as due and owing as of the date of this affidavit. P rt folio Re v s i tes, C B Me I D ,Custodian of Records Subscribed and sworn to b me on 011 o blic 10-79528 Janelle La COmmOnweal h oAlSton C°mm Sotary p Virginia ublic MY is E es73 8 112014 This coin inunication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 0 GE Money Bank BILL of SALE PRA 180.dav Mid Prime _ Juty 2010 For value received and in further consideration of the mutual covenants and conditions set forth in they Forward Flow Receivables Purchase Agreement (the "Agreement"), dated this 28 day of August, 2009 by and between General Electric Capital Corporation, a Delaware corporation, GE Money Bank, a federal savings bank, and Retailer Credit Services Inc, a Delaware corporation (collectively "Seller") and Portfolio Recovery Associates, LLC ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on July 20, 2010, and as further described in the Agreement. GE Money Bank 1 By. Title: CFO Retailer Credit services Inc By: -r?•1a? Title: President General Electric Ca ital rporation By: Title: Vi Presi t SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILED-OFFICE OF THE PROTHONOTARY 2611 JUN 29 AM 9: 2 ! Richard W Stewart Solicitor CUMBERLAND NNYVAN A Portfolio Recovery Associates, LLC Case Number vs. Donna L. Hotham 2011-5062 SHERIFF'S RETURN OF SERVICE 06/27/2011 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: Donna L. Hotham, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Donna L. Hotham. Request for service at 2 North Locust Street, Unit B, a/k/a 6 N. Locust Street, Shiremanstown, Pennsylvania 17011 the Defendant was not found. Deputies were advised by a neighbor, Donna L. Hotham moved last month. The Camp Hill Postmaster has confirmed, 2 North Locust Street, Unit B, a/k/a 6 N. Locust Street, Shiremanstown, Pennsylvania 17011 is vacant, and to date there isn't a forwarding address for Donna L. Hotham. SHERIFF COST: $48.00 June 27, 2011 !c;CeunteScAo Sheriff. ieleosoft. Inc_ SO ANSWERS, RON R ANDERSON, SHERIFF