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HomeMy WebLinkAbout11-8269Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC FILED-OFFICE 140 Corporate Blvd. OF THE PROTHONOTARY Norfolk, VA 23502 TELE: 1-866-428-8102 2011 NOV - ( AM 11; 10 FAX: 757-518-0860 Attorneys for Plaintiff CUMBERLAND COUNTY" PEN TLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY 140 Corporate Blvd. Norfolk, VA 23502 ASSOCIATES, LLC No. / / ?S a6? ewj V. JODY BENNETT 149 S 32ND 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 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. 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. JODY BENNETT 149 S 32ND 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 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 I his communication is from a debt collector anal i5 in attenipt to collect a debt, Any information obtained will be used for that pti pose. 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. JODY BENNETT 149 S 32ND ST CAMP HILL PA 17011 Defendant COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant JODY BENNETT, is an adult individual with last known address of 149 S 32ND ST, CAMP HILL PA 17011. 3. It is averred that Defendant was indebted to HSBC Bank Nevada, N.A. / BON TON on November 18, 2000 with account number ************5747 (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. this comintrnication is from a debt collector and is an atternpt to collect a debt. ,env infonuation obtained will be irsed for drat purl.)o;e. 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 April 9, 2008. Plaintiff is the purchaser, assignee and/or successor in interest HSBC Bank Nevada, N.A. / BON TON 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 $1,011.07. 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, JODY BENNETT, in the amount of $1,011.07, plus costs of this action and any other relief as the Court deems just and reasonable. Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 10-96175 lids coin inunication is from a debt collector and is an attempt to collect a debt. :'lacy information obtained will he used for that purpose, VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Lary J. Andrews 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 : OCT 2 4 2on By: Lars , e Custodian of ecords 10-96175 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: ************5747 JODY BENNETT Account Holder: JODY BENNETT 149 S 32ND ST CAMP HILL PA 17011 Consumer Account Product Code: PVT Issuer: HSBC Bank Nevada, N.A. / BON TON Assignee: Portfolio Recovery Associates, LLC Account Number: ************5747 Date Account Opened: November 18, 2000 Date of Last Payment: April 9, 2008 Date of Charge Off: October 31, 2008 Balance at Purchase: $1,011.07 Purchase Date: April 17, 2009 Balance at Purchase: $1,011.07 Less Payments: $.00 Balance Due: $1,011.07 10-96175 HSBD89 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, La" J. Andrews , 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. / BON TON ("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 17, 2009. 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 JODY BENNETT ("Debtor") to the Account Seller the sum of $1,011.07 with the respect to account number (************5747), as of April 17, 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 $1,011.07 as due and owing as of the date of this affidavit. Portfoli Recovery Associates, LLC BY!' J. dre , Custodian of Records Subs ' ed and sworn to before me on? of Q?r72011 Notary Public Rhonda Martin 10-96175 LCOMMission monwealth of Virginia Notary Public No. 7502797 ission Expires 11/30/2015 fhis coaunun=cation is front a debt collector and is an attempt to collect a debt. An v inforination obtained ?,?411 be used for that purpose, HSBC0kD 0 ASSIGNMENT AND BILL OF SALE " HSBC Private Label Acquisition Corporation (USA), (hereinafter called Seller') has entered into a Receivables Purchase Agreement as of December 16'h , 2008 ("Agreement") for the sale of One (1) Agency Recall Charged Off Receivables described in Paragraph 1 thereof to Portfolio Recovery Associates, LLC., (hereinafter called "Purchaser"), upon the terms and conditions set forth in that Agreement. NOW THEREFORE, for good and valuable consideration, Seller hereby sells, assigns, and transfers to Purchaser, its successors and assigns, all of Sellers rights, title, and interest in each and every one of the One (1) Agency Recall Charged Off Receivables described in the Agreement and in Exhibit A attached hereto. Purchaser and Seller agree that the Purchase Price shalt be as stated in Paragraph 3 of the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 17'h, day of April, 2009 ? HSBC Private Label Acquisition Corporation (USA) Michael DeSands Senior Vice President HSBC Rear swvku 90 Christ - Road, N. Castle, DE 19720 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor '!LED-GFFILL THE HOTHONOTARY 2g? I I HW 16 AM 90 : 2 4 CUMBERLAND COUNTY PENNSYLVANIA Portfolio Recovery Associates, LLC Case Number vs. 2011-8269 Jody Bennett SHERIFF'S RETURN OF SERVICE 11/14/2011 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: Jody Bennett, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Jody Bennett. Request for service at 149 S. 32nd Street, Camp Hill, Pennsylvania 17011 the Defendant was not found. To date The Camp Hill Postmaster does not have a good forwarding address for Jody Bennett. SHERIFF COST: $48.00 November 14, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF c) C??. t{? ?i ^..osoit lnc ? Carrie A. Brown, Esquire OF THE p R07NONOTARY Robert N. Polas Jr, Esquire Attorney ID # 94055/201259 2012 JAN 18 AM 10: 06 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 V. JODY BENNETT 149 S 32ND ST CAMP HILL PA 17011 Defendant No. 11-8269 PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. 10-96175 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 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. 11-8269 V. JODY BENNETT 149 S 32ND ST CAMP HILL PA 17011 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Dismiss upon JODY BENNETT, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of 2011, to: JODY BENNETT 149 S 32ND ST, CAMP HILL PA 17011 Date: - arrie 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 10-96175 This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.