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HomeMy WebLinkAbout11-7480Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC ; . r= -? 140 Corporate Blvd. f ?`i' I Tr it Norfolk, VA 23502 TELE: 1-866-428-8102 30 Al 13 FAX: 757-518-0860 Attorneys for Plaintiff ,? a [} C 0 U T Y, MM i L. I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY 140 Corporate Blvd. Norfolk, VA 23502 ASSOCIATES, LLC No.'I ?C1D6 l..(1r'1? V. JONATHON S OVER 9 WOOD LN CARLISLE PA 17013 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 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. Cl?tk"°°??a. Any information obtained will be used for that purpose. ?. a Y! 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. JONATHON S OVER 9 WOOD LN CARLISLE PA 17013 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 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 This conizuuni_eation is from a debt collector -ii; 1 is -i attempt to collect a d6t. Anv information obtained NO] 1, t? ?<( i o- that pu4iose. 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. JONATHON S OVER 9 WOOD LN CARLISLE PA 17013 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant JONATHON S OVER, is an adult individual with last known address of 9 WOOD LN, CARLISLE PA 17013. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / ORCHARD BANK on September 16, 2003 with account number ************3237 (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. I'his communication is froth a debt collector acid is an attca pt to collect a debt, Any infortnation obtained will be used for that purpose. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. 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. 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 September 3, 2009. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA, N.A. / ORCHARD BANK 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 $1,724.32. 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, JONATHON S OVER, in the amount of $1,724.32, plus costs of this action and any other relief as the Court deems just Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-00231 i`llis c onintunication is from a debt collector and is an attenyt to collkxi a debt. Anv intortnatiozi ol%)ined will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Cdstina Patterson 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 unswom falsification to authorities. Date : SEE 0 p 2011 11-00231 By: Ustina. Patterson Custodian of Records 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: ************3237 JONATHON S OVER Account Holder: JONATHON S OVER 9 WOOD LN CARLISLE PA 17013 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase: Purchase Date: Product Code: MC HSBC BANK NEVADA, N.A. / ORCHARD BANK Portfolio Recovery Associates, LLC ************3237 September 16, 2003 September 3, 2009 April 30, 2010 $1,724.32 October 25, 2010 Balance at Charge-Off: $1,724.32 Less Payments: $.00 Balance Due: $1,724.32 11-00231 HSBJ43 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, Cristina Patterson 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 HSBC BANK NEVADA, N.A. / ORCHARD BANK ("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 October 25, 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 JONATHON S OVER ("Debtor") to the Account Seller the sum of $1,724.32 with the respect to account number (************3237), as of April 30, 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 $1,724.32 as due and owing as of the date of this affidavit. Cfolio overy ciates, LLC By: Cristina Patterson, Custodian of Records Subscribed and sworn to before me on (Y?? Notary ublic 11-00231 of , 2011` This conanaunication is from a debt collector and s an attempt to collect a debt, Anv inl'ortnanon oblaiiied will be used for that purpose. HSBC 4D BILL OF SALE HSBC CARD SERVICES (III) 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 (III) 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 I st day of November, 2010. HSBC S R ICES (III) INC. By: Name: Paul Stanborou 1 Title: Vice President HSBC BANK NEVADA N.A. By: Name: Paul Stanborou h Title: Senior Vice Presi ent HSBC Card and Retail Services 90 Christiana Road, New Castle, DE 19720 If you fail to pay the amount we think you owe, we ma report as delinquent. However, if our explanation does not you, andyou you write to us within ten days tellir? us you still refuseo pay we i must tell anyone we report you to t you have a question about ur bill. And we must fON you the name of anyondwe reported you i to. Upon settlement of the dispute, we must tell everyone we report you to that the matter has been settled. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. SPECIAL RULES FOR CREDIT CARD PURCHASES If you have a problem with the quality of propeity or services you purchased with a credit card, and you have tried In good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a) not within 100 mil seof. your cur ent mailing adds s. or if (b) The purchase price must have been more than $50. These limitations do not apply If we own or operate the merchant, or if we mailed you the advertisement for the property or services. HSBC Card Services Inc. and/or HSBC Card Services (11) Inc. provide processing services for HSBC Bank Nevada, N.A. You may write to us at the address shown on: our billing statement or HSBC Bank Nevada, N.A., 1111 Town Center Drive, Las Vegas, Nevada 89144. Thomas M. Kimble Executive Vice President HSBC Bank Nevada, N.A. February 1, 2006 Visa is a registered mark of Visa International and Visa U.S.A. MasterCard is a registered mark of MasterCard International, Incorporated. 02006 HSBC Bank Nevada, N.A. } CARDMEMBER AGREEMENT AND DISCLOSURE STATEMENT AG2505A (12106) Cl This document and accompanying Additional Disclosure Statement make, up your Cardmember Agreement and `throughout this document are referred Was Cardmember Agreement or Agreement. The Additional Disclosure Statement contains important Account information including your Annual Percentage Rates ("APR"s) and amount of any fees. Please take the time to familiarize yourself with your Agreement and retain it for future reference. Thank you for being an HSBC Cardmember. We appreciate your business. TABLE OF CONTENTS Agreement to Terms and Definitions Using Your Account Your Credit Payment Interest Rates and Finance Charges Account Fees Foreign Transactions Account Renewal, Closure And Termination Credit Card Fraud Personal Information Additional Terms Your Billing Rights 1 1 1 2 4 7 8 9 10 10 11 14 AG2505A (12/06) Ci AGREEMENT TO TERMS AND DEFINITIONS ggThhiis CCardmepmber Agreement and any amendments (Agreement) Accoun?e oen "Y " anndd'your- refer credit toreall ppeers? v o adptporl 6d fo(r the Account or are contractually liable through any other means. "We, "us," and "our" refer to HSBC Bank Nevada, N.A. 'Card" means arr7iy cedit cards or other access devices issued under this Agreeme "xnrt. Network" means Visa International, MasterCard International Incorporated, Discover Financial Services LLC or other governing credit network, as applicable. You and we are bound by this Agreement from the earlier of the time you receive it or from the date of the first transaction, Includin without limitation, the placement or posting of an Annual Fee or Periodic Membership Fee on your Account You may close your Account before using it without paying any Annual Fee, or Periodic Membership Fee if applicable to your Account when you call us within 90 days of your Account open date. at the customer service number on the. back of your card. USING YOUR ACCOUNT Account Ilse Restrictions You agree to use your Account only for personal, family, household, or charitable purposes. You agree not to use r Account to make payments to us or to an of our affiliates. You agree to use your Account only for valid and lawful purposes and. that if your Account is used for any other purposes you are responsible for such use and may be required to reimburse us and the Network for all resulting amounts and expenses. i Types of Account Transactions You can access your Account using your Card or by other means approved by us to make purchases or receive cash advances. We may limit the dollar amount and/or frequency of any type of transaction without notice to you. YOUR CREDIT Credit Limit i We will advise you of the total credit limit on your Account. All or a portion of your total credit limit is available for cash advances. Your total credit limit and cash advance limit may change from time to time. We will notify you of any such thangas•through your billing statement or by sending you a separate notice. If no separate cash advance limit is listed on your billing statement, then the amount of your credit limit available for cash advances is your total credit limit. i You agree not to allow your unpaid balance (including Finance Charges and other charges) to exceed your total credit limit. We i ma? not extend credit if you have exceeded your total credit limit or' the amount requested would cause you to exceed your total credit limit. If you exceed your total credit limit, you agree to pay us that excess amount immediately. Your available credit and cash advance amount may not retied: your payments for up to 14 days. 1 2 If you have a credit card with a no preset spending limit (e.g. MasterCard° WorldCard), please see . the Additional Disclosure Statement. Credit Authorizations some transactions will require our prior authorization and you may be asked by the merchant to provide identification. If any part of the authorization system is not working, we may not be able to authorize a transaction, even if you Have sufficient available credit. We will not be liable to you if any X time events happen. We. may refuse to authorize any tran ens at our sole discretion including, without limitatlonVvre reasonably suspect that such authorization may result in fraudulent or suspicious activity on the Account. We are not responsible for refusal or failure to authorize any transaction or refusal by any merchant to accept or honor.your Card. PAYMENT Promise to Pay You promise to pay according to the terms of this Agreement for ail: (a) credit we extend on your Account; (b) Finance Charges, late charges, overlimit charges and administrative charges (e.g. for research, returned checks, overdraft L?ntectl if applicable, etc.), provided in this Agreement; and collmlon costs and attomeys' fees to the extent permitted applicable law. If your Account is a joint Account, each Point Accountholder is Jointly and individually responsible for all amounts due under this Agreement regardless of death, divorce, other legal proceedings or any agreement that may affect liability between you. If any joint Accountholder requests to not be liable for future transactions, we may close your Account. If we do, you must continue to pay according to the terms of this Agreement, but you will not be able to make new charges on your Account Payment Each statement you receive from us will identify a Minimum Payment and Current Payment Due. Minimum Payment The Minimum Payment is calculated as follows: (1) If your New Balance is not more than $15, your Minimum Payment is the New Balance. (2) if your New Balance is more than $15, your Minimum Payment is the greater of. (a) 1 % of the New Balance shown on your statement plus the following: • any periodic Finance Charges • any Monthly Maintenance Fee Finance Charge, or an amount equal to 1/12 of the Annual Fee, if applicable, and • any additional amounts disclosed in the Additional Disclosure Statement, or (b) $15 Current Payment Due The Current Payment Due is the greater of: (1) your Minimum Payment plus any amount past due, or (2) the greater of. (a) 1% of the New Balance shown on your statement plus the following: • any periodic Finance Charges • any Monthly Maintenance Fee Finance Charge, or an amount equal to 1/12 of the Annual Fee, if applicable, and • any amount over your credit limit, or (b) $15 plus any amount over your credit limit.- Your Minimum Payment and Current Paymant Due will be rounded up to the nearest dollar, unless doing so will cause the resulting value to exceed the New Balance. Timing and Form of Payments You must pay at least the Current Payment Due in time to be credited to your Account by the Payment Due Date, and failure to do so constitutes a default of this Agreement. Instructions for making payments are on your billing statement. For a payment to be credited to your Account as of a particular day, we must receive vour pavment by the date and time and in the oveniml you can avoid an additional overlimit fee by Immediately paying at least the Current Payment Due upon delivery of your billing statement. If our Account is delinqquent, you can avoid an additional late fee by paying at least' the Minimum Payment plus any past due amount bythe Payment Due-Date; however, if you cannot pay this amount, u must pay at least-the Minimum Payment by the Payment Re Date to avoid progressing to the next stage of delinquency. You may pay more than the Current Payment Due and may pay the entire New Balance at anytime. AJI eym thents must be in U.S. dollars. Except for disputed pay you pay by mall the payment must be sent to the address specified on your billing statement If yyoouu pay by negotiable instrument, such as a money order or check, it must be in a form that is acceptable to us and must be, drawn on a U.S. financial institution. Any check, money order or other instrument tendered as an accord in satisfaction, or which includes a condition, restrictive endorsement or any statement to the effect that acceptance of such instrument shall constitute full or partial satisfaction of a disputed or undisputed debt (collectively, a "Condition") must be sent to reserve the right to refuse to accept any payment that" is subject to a Condition. If the payment does not comply with the foregoin and we process it, we will not be bound by the Condition. By sending us a check for ppaayment on our Account, you authorize us to initiate an a sctronicfunds transfer from your bank or other financial institution account according to- the terns of the check. This. means that your check will be converted to an electronic transaction and your original check will not be returned to you by your bank. Your original check will be 3 destroyed. Your checking or other financial institution account Cash APR until payment in full is credited to your Account However, may be debited the same day we receive your check. If you do For cash advances the Spread for variable rakes)APR and there is a Grace Period on new credit card purchases. That not want your checks to be converted to an electronic funds ? means, if the New Balance shown an your our last statement is transfer, please call customer service at the phone number on corresponding Daily Periodic ate are disclosed in the the back of your card. Additional Disclosure Statement. paid in full by the Payment Due Date for that statement, periodlo Finance Charges will not be imposed on new.credit Application of.Payments At our discretion payments are generally applied to interest, fees and then principal balances. We appplyy your payments to lower APR balances before higher APR balances. The application of payments is subject to change at any time, without notice. INTEREST RATES AND FINANCE CHARGES Interest Rates The APRs on your Account are either a fixed or variable rate. Variable rates are determined by adds a specified amount ( Spread") to an Index (desalted below 7. The APR is divided 6Y 365 and rounded to the next highes hundred thousandth of a percentage point to determine your Daily Periodic Rate. The Daily Periodic Rate Is used to determine the amount of Periodic Finance Charge (see Finance Charges). Index For Variable Rate Accounts Please see the Additional Disclosure Statement for the Index paragraph below that is applicable to your Account. (1) Index For each billing cycle, the Index is rmm in the month prior to the month in which the billing cycle ends. In that prior month, the highest domestic "Prime Rate" published in the Money Rates table of The Wail Street Journal is selected (the "Index"). If the Index has changed, the new variable rates will take effect with the billing cycle that ends on or after the first day of the month following the Index change. (2) 0yertarly Index wbse quent quarterhIs the highthest dome tiiccn' dme Raeach te' published in the Money Rates table of The W calendar Journal on the fast business day of the g quarter. If the Index has dcwyc?ed,ex x the new variable rates YAP take effect begins October f ool bikes the IInde chaiige .in January, April, July or (3) her index Please see your Additional 0 me Statement. An increase in the Index will Increase your applicable Daily Periodic Rates which may Increase the Finance Charge due on your Account. Each time any APR changes we will apply it to any existing balances, excluding any Promotional or Introductory APR that may apply. Purchase APR For credit card purchases, the Spread (for variable rates), APR and corresponding Daily Periodic Rate are disclosed in the Addition! Disclosure Statement. 4 Default APR If your Account has a Default APR provision, the Default APR and conditions that may cause a Default APR to.take effect as well as the Spread (for variable rates), APR. and corresponding Daily Periodic Rate are disclosed in Additional Dlsclosure Statement. T .. Promotional or introductory APR At. our discretion, we may offer you a Promotional or Introductory APR for any type of transaction. The Promotional or, Introductory APR, corresponding DailyPeriodic Rate, period of time for which the Promotional or ntrociuctory APR applies, and conditions by which the promotional period may be shortened are disclosed in the offer. Certain promotional offers may or may not be subject to Cash Advance Fees. Any Promotional or Introductory APR offer will be subject to the terms of the offer and this Agreement. Finance Charges Finance Charges are the total of the greater of (a) Minimum Finance Charge or (b) Periodic Finance Cha as, and.an applicable (c) Cash Advance Fee Finance Tharges Foreign Transaction Fee Finance Charge (e) Credit Limit Increase Fee Finance Charges ( Monthly tiAaintenance Fee Finance Chargas, (g) Overdraft Fae Finance Charges, and (h) any other Finance Charge(s). Please see the Additional Disclosure Statement for applicability and amount of the following Finance Charges. (a) M/nimum Finance Charge. A Finance Charge that is assessed In lieu of a lesser periodic Finance Charge in any billing cycle in which a periodic Finance Charge is payable. (b) Periodic Finance Charges. Periodic Finance Charges are computed by multi the Average Daily Balance for each category' trans= shown on the bil i statement (e.., p??, balance transfers, cash andgvances thethaepplicable off In tthe a bl?llirand e To calailafe the aiiljy Bala number noes, we take beginning clabit balance for each category of transactions each day add any new transactions, any previous days periodic ay rges, any assessed fees and charges any payments andMr credits. If a debit transaction pow after the beonning irofinaof that bi de, tide transaction occurred lee ally Bal prior to be equated include the transaction amount aDnd any previg will dwl iodic mrks Charges for each day the transaction aznormt was outstanding prior to the beginning of the current billing cue Then, for each transaction cate we add the Daily Balances for the billing ether andd O the total by the number of clays in the Cllce. This is the Average Daily Balance for each iransadion ca orv. (1) ackxueon e dit ft!uMb Periodic Finance Charges begin to a o ie transaction and continue to accrue 5 te) from the data of the transaction and on the ?d but unpaid credit card purchases from the current cvice. (2) CasD AAddyvaa (including balance transfer and 'credit carCheciis eriodic Finance Charges begin to accrue on the date of the transaction and continue to accrue until payment in full is credited to the Account: There is no Grace Period on cash advances. Periodic Finance Charges will be calculated using the Daily Periodic Rate in effect on the statement dosing date. You may request a change to your billing cycle date no more than once a year. You agree that changes based on your request may shorten any Grace -Period you may have or increase the time period for which periodic Finance Charges may accrue. Any fee Finance Charge may cause the APR on the, billing statement on which the fee Finance Charge first appears to exceed the -nominal APR.. (c) Cash Advance Fee Finance Charges. Cash advances iinclude all advances to get cash over the counter, through"an ATM, balance transfers. available.}, credit card checks: (if available), or other cash-like" transactions (such 'as purchasing a, money order traveler's check, casino or betting chip, or a lottery ticket) as determined by us. A Finance Charge will be computed on the amount of each cash advance. as of the date of the transaction. (d) Foreign Transaction Fee Finance Charge. A Foreign Transaction Fee Finance Charge is assessed on. transactions made in a foreign currency. Your billing statement will list the transactions separately from the Foreign Transaction Fee Finance Charge. (e) Credit Limit Increase Fee Finance Cha es. If you request and are approved for a credit limit increase,-CLl"), a CLI Fee Finance Charge may be assessed to your Account (fl Monthly Maintenance Fee Finance Charges. A Finance Charge that is assessed to the Account for each billing cycle whenever that Account is closed with a debit balance. Overdraft Fee Finance Charges. (Applicable only to (ta)BC Credit Card accounts providing overdraft protection to designated HSBC Bank USA, N.A. deposit accounts). If you requested overdraft privileges, we will lend you from your 6 available cash advance credit limit the amount needed to cover any overdraft due to insufficient funds on the designated deposit account. We will transfer to the deposit account the amount of the overdraft rounded to the next full dollar. We will not make a transfer if you db not have sufficient unused credit available or are delinquent hereunder. "In that case, the overdraft will be subject to the usual deposit account rules and fees. Under no circumstances shall any such overdraft be alkowed•to exceed.your.available,credit limit. You understand that we have.the:rgi ht to cancel this. Account or your overdraft loan privileges. at any time.:. . We may add an Overdraft Fee Finance Charge.to•.our•Account if your. Account Is utilized to.. cover. any; ovevievR. on your designated de it account. An Overdraft°Fee Finance Charge will be computed on the amount of each overdraft transaction. N • See Additional Disclosure Statement for any additional finance Charges that may be applicable to your Account. ACCOUNT FEES Please see the Additional Disclosure Statement for applicability and amount of the following fees. Annual FeslPeriooic Membership Fee If your Account is subject to an Annual Fee or Periodic Membership Fee, you agree to pay this fee each year (or other periodic assessment If indicated on the. Additional Disclosure Statement) your Account is open, or dosed with a balance. You agree that this fee will be charged to your Account. If you close your Account within the first 90 days your Account is open,. the Annual Fee/Periodic Membership Fee(s). are refundable so tong as u have pot used the Account The Annual Fee/Peniodic Membership Fee compensates HSBC Bank Nevada, N.A. in part, for cardmember services provided or made available to you throughout the membership year. Late Payment Fee A Late Payment Fee is assessed for each billing cycle in which at least the Minimum Payment, -and any amount past due, is not paid in time to be credited to the Account by the Payment Due Date. Overlimit Fee An Overlimit Fee Is assessed If the Account balance exceeds the applicable credit limit at any time during a billing cycle. We may impose this fee even if we authorize or impose any charges that cause your balance to exceed the credit limit Other Fees and Charges Returned Payment Fee A Returned Payment Fee is assessed to the Account each time a payment check; automatic payment deduction, or other payment method is not honored or Is returned unsatisfied by the bank or other financial institution. Any payment returned unsatisfied for any reason may be reposted to any type of 7 transaction (i.e. cash advance, purchases, etc.) and Finance Charges may be reinstated back to the payment date at the APR being charged for that transaction. Returned Check Fee A Returned Check Fee is assessed to the Account each time a credit card check, balance transfer check (if available), electronic check or other Account access device is returned unsatisfied by us for any reason. Check By Phone Fee A CheckBy Phone Fee is assessed to the Account each time a payment is made by telephone, even if the payment•is made by someone other than you. Stop Payment Fee A Stop Payment Fee is added to the cash advance balance when a payment of a credit card check is stopped at your nest Payment may be stopped on a credit card check by no ng us in writing or by caging us at the telephone rum listed on the Account billing statement, so long as such check has not already been processed. A stop payment request must include the check number, payee, amount, and date of the credit card check on which payment is to be stop??d. If a stop payyment is requested by telephone the call must be confirmed in writing within 14 days: A writ(en stop payment will remain in effect for six months unless renewed in writing. The address to'send a stop payment request is disclosed In the Additional Disclosure Statement Research Fee A Research Fee is assessed to the Account for each sales slip copy, statement copy and application copy requested. Replacement Fee A Replacement Fee is assessed to the Account if we replace a Card that is lost; stolen, or damaged, or if'we issue a replacement Personal Identification Number to facilitate access to Automated Teller Machines.(PIN) if a replacement card is requested on a rush basis, we will charge our current fee for this service. Reinstatement Fee A Reinstatement Fee is assessed whenever a request to reopen a closed or blocked Account is approved. Additional Fees See the Additional Disclosure Statement for any other fees that may be applicable to your Account. FOREIGN TRANSACTIONS If you make a transaction in a foreign currency, the transaction wgi be converted by the Network, into a U.S. dollar amount in accordance with Its operating regulations or conversion procedures in effect at the•time the transaction is processed. Details concerning these procedures are shown in the Additional Disclosure Statement. The Network may change the procedures, from time to time, at its own discretion. 8 ACCOUNT RENEWAL, CLOSURE AND TERMINATION Card Renewal Cards are issued with an expiration date. We have the right not to renew your Card for any reason. Closing Your Account You can dose your Account by writing to us. Your Account balance will continue to accrue Finance Charges and other fees and will -remain subject to all the terms and conditions of this Agreement. You also agree to destroy your Card(s) and any unused credit card checks. We will not honor any credit card check written on your Account or authorize any transactions after your Account is closed. The address to send your request to close your Account is disclosed in the Additional Disclosure Statement. Account Closure W may-close your Account, suspend your credit privileges, or reduce your credit limit at any time and for any reason, subject to the requirements of applicable law. In any of these events,, yy?our. Account balance will continue. to accrue Finance Cha es:. and fees, until paid in full, and will remain subject to all the terms and conditions of this Agreement. If we dose your.Account you agree to destroy your Card(s) and, any unused, cmdi{. card ,checks. If Your Account has been closed, ,,or. your credit privileges are suspended, you may not use your. Card or credit card checks. Default You will be in default, under this Agreement if: gate fail to make at least the Current Payment-Due in time fobs credited to your Account by the Payment Due Date; (b) you violate any other provision of this Agreement: W you die: fd) you nation r we receive information from third parties, ling reporting agencies, which indicate a serious uency or charge-oTf with other creditors; () you fail to Je us a physical address;' (h) you ex your credit (I) your payment is returned unsatisfled by your bank or nancial institution for any reason; or (j) any credit card c is returned unpaid by us. Upon default, we have the to dose your Account to terminate or suspend your up nu t andeth si Pgreeerheentnt to requireei ouetoeoav charges Immediately and to sue youTor what you owe. If you do not pay us, your bcoount balance will continue to accrue Finance Charges and fees until paid in full and will remain subject to all the terms and conditions of this Agreement. If we sue you, or if we hire a third part y to collect your Account balance, you will pay our court costs reasonable attomeys' fees and other collection costs related to the default to the extent permitted by law In.the state in which you reside, and we will apply your payments first to attorneys fees and other costs and then to principal and unpaid Finance Charges. Security Interest If you have not completed a Security Agreement for your Account, we are extending you an unsecured line of credit. If you have completed an application and Security Agreement for a secured account, the terms and conditions contained within this paragraph apply to your Account As Securty for your performance under this Agreement including but not ilmited to the reoavmentof all credit extended under thin Armunf and z v the' "Additional Disclosure Statement". You authbrize us to restrict withdrawals from your Deposit Account until such time as this Account Is closed and all your indebtedness is' fully satisfied or until this Account is otherwise modified by us. If you exceed your credit limit, or otherwise default under the terms of your Agreement, or if this Agreement is cancelled by you or us for any reason, Nye may at any time thereafter and without advance notice to you, tipply all or part of your Deposit Account to the.pp.yment and satisfaction of any and all amounts owed under this Account and any replacement secured credit card account. In addition, we may use any other remedies permitted or otherwise available to us. If the amount in your Deposit Account is not sufficient to retire all obligations incurred related to your Account, you agree to pay the amount owed to us immediately. CREDIT CARD FRAUD Lost or Stolen Credit Card or Account Checks You agree to notify us immediately if your credit card or credit card checks are lost or stolen. You may notify us by calling us at the. phone number disclosed in the Additional Disclosure Statement. Liability for Unauthorized Use You should retain copies of all charge slips until you receive your statement, at which time you.shoufd verify that the charges are true and the amounts unaltered. You may be liable for the unauthorized use of your credit card. You will not be liable for unauthorized use that occurs after you notify us of the loss, theft or possible unauthorized use. Notification must be given either by writing us immediately upon learning of the loss, theft or possible unauthorized use or calling us at-the telephone number listed on your billing statement. You will not be liable for any unauthorized use of your credit card Account when you notify us immediately by phone or in writing. In any case, your Ilability for unauthorized use of your credit card will not exceed $0. The addrdas to notify us of unauthorized use of your credit card is disci in the Additional Disclosure Statement You may also all at the telephone number listed on your billing statement PERSONAL INFORMATION Change of Name, Address, Telephone Number or Employment You agree to give us prompt notice of any change in your name, mailing address, telephone number or place of employment. Updated Financial and Other Information Upon request, you agree to promptly give us accurate financial and other information about yourself: Credit Reporting If you fail to fulfill the terns of your credit obligation, a negative report reflecting on ..your credit record may be submitted to a credit reporting agen?g any s credit ci information related to ur Account trap perien a with us is inaccurate, you •ma notify us to. correct the inaccurate information (after cognation of the alleged error) reported to any credit reportin agency by writing to us at P.O. Box 98706, Las Vegas, NV 8993. Certain Privacy= Practices . You , agree that from time to time we may receive credit information concerning y u from others, such as stores, other lenders, and credit reg agencies, and that we may use this information to amend, cancel or suspend your credit privileges under this Agreement even if you are not in default with us. You agree that the Department of Motor Vehicles may release your residence address to us, should it become necessary to locate you. You agme that our supervisory personnel may listen and record talep a calls between you and our representatives in order, to evaluate the quality of our service to you and to other cardmembers. For additional information regarding our privacy practices, please refer to our Privacy Statement ADDITIONAL TERMS Arbitration Please see the Additional Disclosure Statement for applicability to your Account This arbitration provision, shall p[?ply to any Claim against us, and to eac•Ji of our parents, sub: lanes, affiliates, an company providing a rewards feature in conjunction with this / greement, predecessors, successors, and assigns, and each of their 9 10 11 Change of Terms (Including Finance Charges) officers, directors, agents, and employees. You agree any claim, dispute, or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law. or eq?y and whether pre-existing, present or future), incluing iniUaf claims, counter-dekns, cross.daims and third deims, upon the election arising from or relating to this Agreement or the relationsh ips which result from t relating including the valkfity or enforcaablMty of this arbitration clause, any thereof or the andre of or t bin ?ff?.nggg?warbi?tration rtto this arbitration provision and the apps rules orprocedures of the arbriration administrator selected at the time the Claim Is filed. The party initleffng the arbitration proceeding shall have the right to select one of the follows three arbitration administrators: the National Arbitration Forumr American Arbitration Association CAAyAeaJroreJAMS. shag be a lawyer with more than Invoke our right to arl tratee an?iI ?. you Weas b n%'Io may y bring In small cW= court or an equivalent court, if any, W.•kxtg•as the claim is pend only in that court The rules and fame of the NAF: AAA and- JAMS may be obtained by wd ft tD these seivioe Of this pmoess uundera pro? ?k HSBC Card?Srervices Ina, P.O. Box 98740, Las Vegas, NV 89193-8740. Any'artkapatory arbitration hearing that you attend will take place in the city nearest to your residence where a federal district court is .located of at such other location asead by the pares. On any Claim Vou file, you wig pay the fist $50 oft Ift fee. At your request we will pay the remainder of the filing fee and any administrative or hearing fees charged by the arbkrpation maxiadministrator any g1,500. Iyou are required dt to papa in a any additional feto a es to the arbitration administrator, via will consider a request by you o, pay all or part of the additional fees; however, we " r>af be obligated pa; any additional fees unless the arbitrator grants an awwd. I the arbitrator grants an award M your favor, we relmlxm the arbitration aaddrrlnWfiiit r additional -fees up the a ountw ? Mr#* would have been charged if the Clain had been for the amount of the actual awardpiincyyooe?r. The fpearrs? shall bear ot otherwise provided by low.' If a staatuttee you ft rig two recover any of these fees. or the fees Raid to the arb lion anwator issues an award in our favor, l reimburse us for any fees we have arbitration administrator or for which we This arbitration agreement is made pursuant to a transaction Involving interstate commerce, and shall be governed by the Federal Arbitration Akt. 9 U.S.C. Sections 1 - 16 (the "FAA7 The arbitrator shall app applicable substantive law consistent with the FAA and provide written reasoned findings of fact and conclusions of law. The arbitrator's award shall not be subject to appeal except as permitted by the FAA. The parties agree that award shall be kept confidential. Judgment upon the award may be entered In any court having jurisdiction. F THE PARTIES ACKNOWLEDGE THAT THEY ;HAVE A RIGHT TO LITIGATE CLAIMS THROUGHY A COURT BEFORE A JUDGE OR JURY BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY 9LECTS ARBITRATION. THE PARTIES • HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER PARTY. You may contact, obtain the arbitration rules of, or•fie a Claim with NAF, AAA or JAMS as follows: i National Arbitration Forum JAMS P.O. Box 50191 45 Broadway Minneapolis, MN 55405 New York, NY 10005 www.aurfbrum.com www.jamsadr.com Code of Procedure Financial Services Arbitration Rules and Procedures American Arbitration Association 1150 Connecticut Ave. NW 6th floor Washington, DC 20036-4144 www.aar.org Arbitration Rules for Consumer Disputes (Claims under $10,000) Commercial Arbitration Rules - (all other claims). Assignment of Account We may sell, assign or transfer your Agreement and Account or any portion thereof without notice to you. You may not sell, assign or transfer your Account. Waiver We ma choose to delay enforcing or waive any of our rights under this Agreement In certain situations. We can delay enforcing or waive any of our rights without affecting our other rights. Ifwe waNe a right, we do not thereby waive the same right in other situations. Severability If any provision of this Agreement is finally determined to be void or unenforceable under any law, rule or regulation all other provisions of this Agreement will remain valid and erdorceable. Applicable Law This Agreement and your Account will.be governed by federal law and the laws of the state of Nevada, whether or not you live in Nevada and whether or not your Account Is used outside Nevada. This Agreement is entered into in Nevada and all credit under this Agreement will be extended from Nevada. YOUR BILLING RIGHTS What To Do If There's An Error In Your Bill YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice contains im rtant Information about your rights and our responsibilities under the Fair Credit Billing Act. NOTiFY.US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL If you think your bill is wrong or if you need more information about a transaction on your bill write to us (on a se arete sheet) at the address listed on your billing statement. Write us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. Please include the following information in your letter: • Your name, account number and signature; • The dollar amount of the suspected error; and • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are riot sure about. If yyou.have authorized us to pay;your Account bill automatically from .your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinqquent. We can continue to bill you for the amount you question, including Finance Charges, and we can apply any unpaid amount against your Credit Umst. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any Finance Charges related to any questioned amount. If we didn't make a mistake, you may have to pay Finance Charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date it !s due. 12 13 14 j SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r R Sheriff Ct irttlti?!! tfj??l? ?p?k?ltip Jody S Smith 17 Chief Deputy = y" ' Richard W Stewart "F rUMi >L AON "J Solicitor OM CE ?E S-ERWF I f oll1)y, 'V'A "ki{-; Portfolio Recovery Associates, LLC Case Number vs. 2011-7480 Jonathon S. Over SHERIFF'S RETURN OF SERVICE 10/05/2011 02:34 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 5, 2011 at 1434 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jonathon S. Over, by making known unto himself personally, at 9 Wood Lane, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. VALERIE WEARY, DEPUTY SHERIFF COST: $34.00 October 07, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c GountySuRe Sheriff. Tele05oft. Inc. 0 2411 I OCT 24 A 1 a: PJMBEke ANA u, "i'' , P E H SYl.V,ANIP, . ' e---- rj --- ?L 4- 04 Z Dm Wl (tvl C,,- S v 1 ` 4 ,-k'wl - LA-vj ?1---7 4So 0- iI P r, A- ) L-- L-,-/-- off- fG-?c ??? T ?d 2Ll- 20 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. Jonathon S Over 9 Wood Lane Carlisle, PA 17013 Defendant No. 11-7480 Notice to Plead To: Portfolio Recovery Associates, LLC MUD r- en?_ -- Fv You are hereby notified to file a written response to the enclosed Answer within twenty (20) days from service hereof or a judgment may be entered against yo Jonathon S. Over Answer and Affirmative Defenses Defendant, Jonathon S. Over, answers the Complaint filed in this action as follows: C1 rv 1. Defendant does not know if the information in paragraph 1 of the Complaint is true or false. Defendant has no way to determine if the information is true or false. Since Defendant does not know if the information is true or false, Defendant denies that the information is true. 2. Defendant admits everything is true. 3. Defendant admits in part that he had an account with HSBC BANK NEVADA, N.A./ORCHARD BANK. Defendant denies in part because Defendant has been presented no evidence that the account Defendant had with HSBC BANK NEVADA, N.A./ORCHARD BANK is the same account as the debt alleged in this Complaint. Answer and Affirmative Defenses Pagel of 3 4. Defendant objects to this allegation on the grounds that it is vague, ambiguous and unintelligble in that Defendant has to speculate as to the meaning of the "Account." 5. Defendant denies this allegation because it calls for admission of matter Defendant has denied and thus it is improper. 6. Defendant denies this allegation because it calls for admission of matter Defendant has denied and thus it is improper. 7. Defendant denies this allegation because it calls for admission of matter Defendant has denied and thus it is improper. Defendant does not know if the information in paragraph 8 of the Complaint is true or false. Defendant has no way to determine if the information is true or false. Since Defendant does not know if the information is true or false, Defendant denies that the information is true. 9. Defendant does not know if the information in paragraph 9 of the Complaint is true or false. Defendant has no way to determine if the information is true or false. Since Defendant does not know if the information is true or false, Defendant denies that the information is true. 10. Defendant objects to this allegation on the grounds that it is vague, ambiguous and unintelligble in that Defendant has to speculate as to the meaning of the "Account." 11. Defendant does not know if the information in paragraph 11 of the Complaint is true or false. Defendant has no way to determine if the information is true or false. Since Defendant does not know if the information is true or false, Defendant denies that the information is true. FURTHERMORE, Defendant denies every other allegation not previously admitted, denied or controverted. Answer and Affirmative Defenses Page 2 of 3 Affirmative Defenses 1. Defendant repeats all the statements in the previous paragraphs as if typed in full here. 2. Plaintiff fails to state the basis of the lawsuit and has not cited any actual state laws which have been violated. 3. The action is barred by the Statute of Frauds. 4. The court would unjustly enrich the Plaintiff by granting the relief sought herein. 5. The Plaintiff has not proven the debit is valid or the amount of the debt is accurate. The Plaintiff must prove that the principal, interest, collection costs and attorneys fees are all correct, agreed to in its contact and lawfully charged. Defendant also insists that the Plaintiff produce the contract, account statements and purchase receipts to prove the amount of the debt. WHEREFORE, Defendant, Jonathon S. Over, asks the Court to: A. Enter a judgment in Defendant's favor and against Portfolio Recovery Associates, LLC; B. Grant any other relief as the Court deems just and proper; and C. Dismiss this Complaint herein with prejudice. Verification I verify that the facts stated in this Answer and Affirmative Defenses are true and correct to the best of my knowledge, information and belief. I understand that false statements in this Motion are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. r--r Date: \0- Z4' To Jon hon S. Over 9 Wood Lane Carlisle, PA 17013 Page 3 of 3 Answer and Affirmative Defenses Carrie A. Brown, Esquire C . HE QT HONOT Robert N. Polas Jr, Esquire A Attorney ID # 94055/201259 2012 FEB 21 AM 1p: j g Portfolio Recovery Associates, LLC 140 Corporate Blvd. CUMBERLAND COUNTY 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 No. 11-7480 CIVIL V. JONATHON S OVER 9 WOOD LN CARLISLE PA 17013 Defendant 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 11-00231 This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 4L r 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 CNIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff No. 11-7480 CIVIL V. JONATHON S OVER 9 WOOD IN CARLISLE PA 17013 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Dismiss upon JONATHON S OVER, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of?j , 20j?to: JONATHON S OVER 9 WOOD LN, CARLISLE PA 17013 Date: 11-00231 JFf?, Jr? 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.