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Home My WebLink About11-7151Robert 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 LE 0-,.lFFJCL 20111 SEA' IS AM 11:0 3 PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. LJUBICA MIL.AS 104 SGRIGNOLI LN ENOLA PA 17025 Defendant NOTICE No. 1) _ 5 iv i l 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 Q? ? qa? ? ? any Clc? 931?a This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. ?'f F' 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. LJUBICA MILAS 104 SGRIGNOLI LN ENOLA PA 17025 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 elate 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 f his c oninuinication is from <) debt colle t,,-W mid is an ailempt tc3 co lest a debt, Anc information obtained will be used 1o3' 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. LJUBICA MILAS 104 SGRIGNOLI LN ENOLA PA 17025 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 LJUBICA MILAS, is an adult individual with last known address of 104 SGRIGNOLI LN, ENOLA PA 17025. It is averred that Defendant was indebted to CAPITAL ONE BANK N.A. on October 16, 2008 with account number ************5470 (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. I'his s canltmmicatiori is from a debt collector <tta_cl is at1 attca)pt to collect a debt. Any information obtained will be t.tsed for tla<at iwrpo. :. 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 19, 2010. Plaintiff is the purchaser, assignee and/or successor in interest CAPITAL ONE BANK N.A. 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 $2,357.70. 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, LJUBICA MILAS, in the amount of $2,357.70, plus costs of this action and any other relief as the Court deems just and Robert N. Polas Jr., Esquire # 201259-? Carrie A. Brown, Esquire # 94055 10-80330 This s,ornmuzaicati€3n i,; f om a &bt collector azrd is an auempt to colleo a deb(, Any information obtained will he used fOr that purpose, VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Chela Wise 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 : AkInikrA 2 p MI J By: 'l I ANK r=hela arm - Custodian of Records 10-80330 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: ************5470 LJUBICA MILAS Account Holder: LJUBICA MILAS 104 SGRIGNOLI LN ENOLA PA 17025 Consumer Account Product Code: MC Issuer: CAPITAL ONE BANK N.A. Assignee: Portfolio Recovery Associates, LLC Account Number: ************5470 Date Account Opened: October 16, 2008 Date of Last Payment: March 19, 2010 Date of Charge Off: August 14, 2010 Balance at Purchase: $2,370.45 Purchase Date: September 13, 2010 Balance at Charge-Off: $2,357.70 Less Payments: $.00 Balance Due: $2,357.70 10-80330 CAPJ 11 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, Chela Wise , 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. 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 CAPITAL ONE BANK N.A. ("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 September 13, 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 LJUBICA MILAS ("Debtor") to the Account Seller the sum of $2,357.70 with the respect to account number (************5470), as of August 14, 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 $2,357.70 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC By: Chela Wise , Custodian of Records and sworn to before me on ekof 1JZJJ , 2011 n _ Notary PI,l- / ?...., 10-80330 w ?,? ;rr C? y:, 'P M Mar i g e Camper Snoody "?'?'h of Virginia iblic cmnnss or, N,.?. 7500956 y Commission Expires 2/28/2015 I hi', eoMMUllit,06 ?a1 is thorn a debt collector and is art attempt to collect a ilobt, Any i11f'01•ts)a!ioJJ Obtained will lie used for that purpo.kc:. Exhibit 1 to Forward Flow Receivable Sale Agreement dated June 30th, 2010 BILL OF SALE Closing Date: September 13th, 2010 CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION Title: Recoveries MVP CAPJ I l Capital op_e Rank (USA), National Association ("Seller"), and other valuable consideration, the receipt of which is hereby acknowledged, -hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File to Portfolio Recovery Associates, LLC ("Buyer"), without recourse or representation except as expressly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of June 30th, 2010, by and between Seller and Buyer (the "Agreement"). All capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Cutoff Date for the Sale File was September 8th, 2010. 500343 Your account works differently now that you're 7 payments late. Please see the next page for important account information. j i i Pagel of 2 1-500-258-9319 .. www.capitalorte.corrysolutions Jul 14-Aug. 13, 2010 31 Days in Billing Cycle j , IMPORTANT ACCOUNT UPDATES ? Platinum MasteKazd ?5470 Your full balance is due. Any payment you make will reduce your balance and help pay off NEW BALANCE PAYMENT DUE DUE DATE your debt faster. The amount y° ow e maYddfer tl you've entered into a separate payment i ro I agreement. $2,357.70 ?I $2,357.70 PAST DUE - i Available Credit: 50.00 i 1 I i i i Previous Balance ayments and Credits ees and Interest Charged Transactions New Balance 52,293.67 J - 50.00 I t S6403 } 5000 = I 52,357.10 ? - - 111 j TRANSACTIONS PAYMENTS, CREDITS & ADJUSTMENTS FOR LJUBICA MILAS #5470 FEES 1 10 AUG PAST DUE FEE 539.00 Total Fees This Period $39.00 i Total Fees This Year $21290 INTEREST CHARGED INTEREST CHARGEPURCHASES $18.39 NTEREST CHARGE.CASH 56.64 II Total Interest This Period $25.03 i Total interest This Year 5184.71 i i i I i I i j i Help is Available. Just pick up the phone. Call 1-800.258.9319 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage BalarKe Subject to Interest Charge Rate (APR) Interest Rate Purchases 11.15%P 51,941.79 I $18.39 Cash 21,15%P 5369.45 56.64 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CA.PITALONE.COM/SOLUTIONS TO MAKE YOUR PAYMENT ONLINE. C1W V_ Account Number: 5470 Due Date New Balance Amount Enclosed Past Due $7,357.70 470 13 2357700086442357705 Manage your account online. AQ Visit www.capitalone.com/solutions to manage your account online. Have information at your fingertips 2417 without picking up the phone. 400004 LJUBICA MILAS 104 SGRIGNOLI LN ENOLA, PA 17025-2952 II'IlPlllllllll'11II111'Illll"111°llllllI'll-1-1,111111111,11 Capital One Bank (USA), N A. PO Box 71083 Charlotte, NC 28272-1083 Illllll?lllrrlllllrllrlllllllrrllllllrrllrlrlll?llr?llllllllrllll Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. Buelr Trothonotag ~�'fh./�°`��~yJ()tny�/ --�/ / _ - '- - -/ /��y��"°�`"'�/�O��. _ County, Tennsyrvania �� — 7/S7^" ORDER OF TERMINATION OF COURT CASES Solicitor CIVIL TERM AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA Fi[P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite1O00 Cordite, TA Thono7I7240-6195 0 ��D7240-6J8