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HomeMy WebLinkAbout12-0613Robert N. Polas, Jr., Esquire PA Bar # 201250 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC r -it 3` D- C G F (C E 140 Corporate Blvd. ?ONOTARY Norfolk, VA 23502 't'?? TELE: 1-866-428-8102 till 10: 0 . FAX: 757-518-0860 V9 FEB Attorneys for Plaintiff ?14 O., p p l A . =??!NSYI.VANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY 140 Corporate Blvd. Norfolk, VA 23502 V. BARBARA MONAHAN 717 MARKET ST 336 LEMOYNE PA 17043 ASSOCIATES, LLC Plaintiff Defendant NOTICE No. Oqu a - W3 a. k3.? 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. S?p`?,? lU3?S dal a? ??.? 13?rs??f 13 t3 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. BARBARA MONAHAN 717 MARKET ST 336 LEMOYNE PA 17043 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar action dentro veinte (20) dias despues que esta Demanda y Aviso es servvido, 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 1 l€ie, c4>mmunicition is frcni a debt collector and i4 an mtcnapt to collect a c[c i°tt. Any inf?rninti,mi ,-)btained will be a.E,,ed ioi- t_laai 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. BARBARA MONAHAN 717 MARKET ST 336 LEMOYNE PA 17043 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 BARBARA MONAHAN, is an adult individual with last known address of 717 MARKET ST 336, LEMOYNE PA 17043. 3. It is averred that Defendant was indebted to U.S. BANK NATIONAL ASSOCIATION ND on July 1, 2005 with account number ************3636 (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. -1 tai,, 001?111TWItication is from a debt collector and is mi attc rn t tee c cfllect a do ht.. 1n ittf{gin ation obtained X01 he It c d t o that 1Empo"-'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 7, 2009. Plaintiff is the purchaser, assignee and/or successor in interest U.S. BANK NATIONAL ASSOCIATION ND 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." 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 $2,240.25. 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, BARBARA MONAHAN, in the amo nt of $2,240.25, plus costs of this action and any other relief as the Court deems just and reasonable. ?( 1 0? _ _ Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-22569 I }fir 11 i -aiion is f'rm a (M)l coil€:ctOi and k ari aitcni )t icy collect a debt, ;=lazy ittfonuatioti obtairie°d will Inc: ktdkG i to ihat 1k fps )?»C, VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, TO gallepbeck 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 : 112 "L- By: '61u ck T llenbe Cust dian f Records 11-22569 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: ************3636 BARBARA MONAHAN Account Holder: BARBARA MONAHAN 717 MARKET ST 336 LEMOYNE PA 17043 Consumer Account Product Code: VISA Issuer: U.S. BANK NATIONAL ASSOCIATION ND Assignee: Portfolio Recovery Associates, LLC Account Number: ************3636 Date Account Opened: July 1, 2005 Date of Last Payment: April 7, 2009 Date of Charge Off: November 30, 2009 Balance at Purchase: $2,240.25 Purchase Date: April 29, 2011 Balance at Charge-Off: $2,240.25 Less Payments: $.00 Balance Due: $2,240.25 11-22569 USBK97 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, Tanya Holienbeck 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 U.S. BANK NATIONAL ASSOCIATION ND ("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 29, 2011. 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 BARBARA MONAHAN ("Debtor") to the Account Seller the sum of $2,240.25 with the respect to account number (************3636), as of November 30, 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 $2,240.25 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC IOU%. ??Sw By: , Custodian of Records JAN z Zo11 Subscribed and sworn to before me on of , 2011 Notary Public .any ?q :Cii t li it Vi ???y( JJ " i 7111 11-22569 p ?tj w?t?•tb ? ? n .; 4J I'll is cor1mur ica ion is from a debt collector mid is an attempt tv c olleci a del-t. Any ink,rnix Ear obtained will be used for tbat puq)ose.. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Portfolio Recovery Associates, LLC vs. Barbara Monahan QFFiCF " `?? `;"`RIFF .i. y.. 1 16 s.. CUMSE NSYLVANIA T `f PEN Case Number 2012-613 SHERIFF'S RETURN OF SERVICE 02/09/2012 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: Barbara Monahan, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Barbara Monahan. Request for service at 717 Market Street, Suite 336, Lemoyne, Pennsylvania 17043 is a commercial mailbox location. Deputies were advised, Barbara Monahan has not had a box at this location in over one year. SHERIFF COST: $49.00 February 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ;c) CourtySwte Sheriff, Teteosoft. tns Carrie A. Brown, Esquire U j Robert N. Polas Jr, Esquire Attorney ID # 94055/201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. P t4?L,", ,. Norfolk, VA 23502 r EWIS YLVANI Attorneys for Plaintiff ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COURT-s', PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff No. 2012-613 CIVIL V. BARBARA MONAHAN 717 MARKET ST 336 LEMOYNE PA 17043 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respectful Submitted, O 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 11-22569 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. 2012-613 CIVIL V. BARBARA MONAHAN 717 MARKET ST 336 LEMOYNE PA 17043 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Dismiss upon BARBARA ONAHAN, b Fi st Class Mail,, Postage Pre-Paid, a copy thereof on this day of 24& to: BARBARA MONAHAN 717 MARKET ST 336, LEMOYNE PA 17043 Date: 11-22569 Came 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.