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HomeMy WebLinkAbout11-7155Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC a 1- 140 Corporate Blvd. -ti'ECfi?7's' Norfolk, VA 23502 TELE: 1-866-428-8102 n't l SEP 5 FAX: 757-518-0860 Attorneys for Plaintiff CUMBERLAND COUNTY 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. DAVID SCHNEIDER MARK H SCHNEIDER 75 W MAIN ST WALNUT BOTTOM PA 17266 Defendant NOTICE No. 11.1155 CUO 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. C? cyC 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. DAVID SCHNEIDER 75 W MAIN ST WALNUT BOTTOM PA 17266 MARK H SCHNEIDER 75 W MAIN ST WALNUT BOTTOM PA 17266 Defendants 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 'his conuminication is from a debt collect r mid is attempt lo collect a cbi. ail Any information obtained -Mll be ttsed f- Or 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. DAVID SCHNEIDER 75 W MAIN ST WALNUT BOTTOM PA 17266 MARK H SCHNEIDER 75 W MAIN ST WALNUT BOTTOM PA 17266 Defendants COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendants, DAVID SCHNEIDER and MARK H SCHNEIDER, are an adult individuals with last known address of 75 W MAIN ST, WALNUT BOTTOM PA 17266. 3. It is averred that Defendants were indebted to GE MONEY BANK, F.S.B. / CARE CREDIT on January 28, 2009 with account number ************7765 (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, Defendants 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, Defendants have used said Account for the purchase of products, goods and/or for obtaining services. I'llis ? Wnniuni.cation is firotn a debt collector and is an attempt to collect a deft. Anv information obtaii)ed will he used for that 1Aurpose. 6. Defendants were 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 Defendants. 7. Defendants were 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 April 16, 2010. 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 $2,117.10. 10. Despite reasonable and repeated demands for payment. Defendants have 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 Defendants, DAVID SCHNEIDER,andMARK H SCHNEIDER, in the amount of $2,117.10, plus costs of this action and any other 10-89798 This c,onn_ntunication is froln a debt collector and is an attempt to collect a de Anv information obtained will be used for that purpose, Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, C:hala 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 : t By: C-hela?Q?- Custodian ofRecords 10-89798 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: ************7765 DAVID SCHNEIDER MARK H SCHNEIDER Account Holders: DAVID SCHNEIDER 75 W MAIN ST WALNUT BOTTOM PA 17266 MARK H SCHNEIDER 75 W MAIN ST WALNUT BOTTOM PA 17266 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 ************7765 January 28, 2009 April 16, 2010 October 20, 2010 $2,117.10 November 23, 2010 Balance at Charge-Off: $2,117.10 Less Payments: $.00 Balance Due: $2,117.10 10-89798 GESJ73 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, rhela 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 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 November 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 DAVID SCHNEIDER and MARK H SCHNEIDER ("Debtor and Co-Debtor") to the Account Seller the sum of $2,117.10 with the respect to account number (************7765), as of October 20, 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 $2,117.10 as due and owing as of the date of this affidavit. Portfolio Recovery yAssociates, LLC By: Chela Wise , Custodian of Records and sworn to before me on of , 2011 N ? Notary Pytb ar Wdy f Vi 10-89798 C rginia ti :7 M 75 00956 YCO s 2/2g/y015 /28/20 This contmmmication is from a cleft collector and is ati attempt to collect a de?)t. Any information ol-misted will be used for that ptirpose. SHERIFF'S OFFICE OF CUMBERLAND COUNTY iI-i L 0, 01 Ronny R Anderson 1 I . 1? Ear ;°i r. Sheriff Jody S Smith I SEP 2 6 PM 2: 23 Chief Deputy;.: Richard W Stewart rUM3P MLA D CGU i s Solicitor OFFICE --E : ?ER,4 P E N H S Y L C A 141 A Portfolio Recovery Associates, LLC Case Number vs. 2011-7155 David Schneider (et al.) SHERIFF'S RETURN OF SERVICE 09/19/2011 07:41 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 19, 2011 at 1941 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David Schneider, by making known unto himself personally, at 75 W. Main Street, Walnut Bottom, Cumberland County, Pennsylvania 17266 its contents and at the same time handing to him personally the said true and correct copy of the same. UTSHA DEPUTY 09/22/2011 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: Mark H. Schneider, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Mark H. Schneider. Request for service at 75 W. Main Street, Walnut Bottom, Pennsylvania 17266 the Defendant was not found. David Schneider Son of Defendant advised Deputies, Mark H. Schneider has never resided at this address and is thought to be residing in Franklin County, Pennsylvania. SHERIFF COST: $63.00 September 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF . (cj County Suite Sheriff, Teieosoff. li- a E I-OFFICE Carrie A. Brown, Esquire j?n ; H.- PRO j HONO TA a,i Robert N. Polas Jr, Esquire Attorney ID # 94055/201259 ??,2? f (I?,0: Portfolio Recovery Associates, LLC 17 140 Corporate Blvd. CUMBERLAND COUNT)' Norfolk, VA 23502 PENNSYLVANIA 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 V. DAVID SCHNEIDER MARK H SCHNEIDER 75 W MAIN ST WALNUT BOTTOM PA 17266 Defendant No. 11-7155 CV PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respectfully Submitted, Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff 10-89798 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 140 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 140 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff No. 11-7155 CV V. DAVID SCHNEIDER MARK H SCHNEIDER 75 W MAIN ST WALNUT BOTTOM PA 17266 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Dismiss upon DAVID SCHNEIDER, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of 20_, to: DAVID SCHNEIDER 75 W MAIN ST, WALNUT BOTTOM PA 17266 Date: 10-89798 v Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Portfolio Recovery Associates, LLC 140 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. Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Attorney ID # 94055/201259 Portfolio Recovery Associates, LLC 140 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 140 CORPORATE BLVD NORFOLK, VA 23502 : Plaintiff No. 11-7155 CV V. DAVID SCHNEIDER MARK H SCHNEIDER 75 W MAIN ST WALNUT BOTTOM PA 17266 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Dismiss upon MARK H SCHNEIDER, by First Class Mail, Postage Pre-Paid, a copy thereof on this _ZL day of 20 , to: MARK H SCHNEIDER 75 W MAIN ST, WALNUT BOTTOM PA 17266 Date: 10-89798 Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Portfolio Recovery Associates, LLC 140 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.