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Home My WebLink About11-5063Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC iIE Q- Q r F 1 t 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 `gUd All 1r): 13 FAX: 757-518-0860 1- 1 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY 140 Corporate Blvd. Norfolk, VA 23502 ASSOCIATES, LLC No. // S043 ?l V l a? V. ELMER L MCKINNEY JR 51 N 31ST ST CAMP HILL PA 17011 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 P 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 9-? Pennsylvania Lawyer Referral Service (800) 692-7375 oe R-ji- c2j.674-r 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. ELMER L MCKINNEY JR 51 N 31ST 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 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 l his communication i5 from a debt collector and i an attempt to collect a debt. Any infoinlation obtained will be kised tiIr that pkupose. 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. ELMER L MCKINNEY JR 51 N 31ST 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. Defendant ELMER L MCKINNEY JR, is an adult individual with last known address of 51 N 31 ST ST, CAMP HILL PA 17011. It is averred that Defendant was indebted to HSBC BANK NEVADA N.A. / HSBC on October 21, 2008 with account number ************1142 (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. l hi cotaaaniiiicition is from a debt collector and is pan attempt to collect sa cleft. AnY infonnation obtained will be rlsed 'oi° that lxtrpose, 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 11, 2009. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA N.A. / HSBC 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 $5,858.18. 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, ELMER L MCK1 NEY JR, in the amount of $5,858.18, plus costs of this action and any other relief as the Court deems jus/4nd reasonable. Ro ert olas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 10-80654 This communication is front a cleft collector and is an attempt to collect ,1 debt. Katy infonnation obtained will he used bor that purpose, VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, MerA 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 Date : (-a & & 10-80654 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: ************1142 ELMER L MCKINNEY JR Account Holder: ELMER L MCKINNEY JR 51 N 31ST ST CAMP HILL PA 17011 Consumer Account Product Code: MC Issuer: HSBC BANK NEVADA N.A. / HSBC Assignee: Portfolio Recovery Associates, LLC Account Number: ************1142 Date Account Opened: October 21, 2008 Date of Last Payment: May 11, 2009 Date of Charge Off: October 31, 2009 Balance at Purchase: $5,858.18 Purchase Date: April 27, 2010 Balance at Charge-Off: $5,858.18 Less Payments: $.00 Balance Due: $5,858.18 10-80654 HSBH97 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 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 HSBC BANK NEVADA N.A. / HSBC ("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 April 27, 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 ELMER L MCKINNEY JR ("Debtor") to the Account Seller the sum of $5,858.18 with the respect to account number (************1142), as of October 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 $5,858.18 as due and owing as of the date of this affidavit. io Rec very oci e 7( 9 rea , ustodian of Records Subscribed and sworn to before me onLfr7qML-l 2011 I- Iwo# Nota Public 10-80654 ?o ?akia mmoll a Alston My Comm sr sio N ublic inia mm??,0n ExPlres73? ?084 f'hi his communication is frorn a debt collector rind is an atteinpt to collect a debt. Any intorination obtained -o ill be med for that purpose, BILL OF SALE HSBC CARD SERVICES (QI) INC. (f/k/a HOUSEHOLD CARD SERVICES INC.) ("Seller"), for value received and pursuant to the terms and conditions of the Receivables Purchase Agreement ("Agreement') dated October 26, 2009 between Seller and HSBC CARD SERVICES (IIn INC. and Portfolio Recovery Associates, LLC, ("Purchaser"), does hereby sell, assign and convey to Purchaser, its successor and assigns, all right, title and interest of Seller in and to those certain Purchased Receivables (as defined in the Agreement) listed on the attached Exhibit A (Sale File), without recourse and without representation of, or warranty of, collectibility, or otherwise, except to the extent provided for within the Agreement. EXECUTED this 29th day of April, 2010. HSBC C ERVICES (111) INC. By: Name: Susan Solomon Title: Vice President-Assistant Secretary HSBC BA NEVADA N.A. By: - Name: Susan Sol mon Title: Senior Vice President '?;M/ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILTD OFFICE Sheriff tF THc PROT-90NOTARY Jody S Smith Chief Deputy 'N I I JUL -I PM 2: 0 5 Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA Portfolio Recovery Associates, LLC Case Number vs. 2011-5063 Elmer L. McKinney, J?r. SHERIFF'S RETURN OF SERVICE 06/30/2011 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: Elmer L. McKinney Jr., but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Elmer L. McKinney Jr. Request for service at 51 N. 31 st Street, Camp Hill, Pennsylvania 17011 the Defendant was not ound. The Camp Hill Postmaster has confirmed, Elmer L. McKinney Jr. is not known at this address. SHERIFF COST: June 30, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF