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Home My WebLink About12-0616Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attornevs for Plaintiff FfILED -O-ICE 2012 FEB - I AM 11: 10 IN THE COURT OF COMMON PLEAS OF CL CIVIL ACTION - LAW PORTFOLIO RECOVERY 140 Corporate Blvd. Norfolk, VA 23502 V. JAMES J SMITH 24 S FRONT ST LEMOYNE PA 17043 ASSOCIATES, LLC Plaintiff Defendant NOTICE COUNTY, PA No. ao( a- W l? CA oil 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. Q??1b3-7 5 7pjU 13457 3 Ck#?. 1 , 1 ?oo? 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. JAMES J SMITH 24 S FRONT ST 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 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 ELGI13LE 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 his ciommunication is froni a debt ccMector and is an <itt, nipt to col_lec; Any information obtained will be used 6m- tha: pmpose. 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. JAMES J SMITH 24 S FRONT ST LEMOYNE PA 17043 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 JAMES J SMITH, is an adult individual with last known address of 24 S FRONT ST, LEMOYNE PA 17043. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / GM on July 25, 2007 with account number ************5481 (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' ,??;i??t?ll,?tlE-€? t4 fTC??::? ? Clelat ?c?[le?tair «tr]=;l t? :i?l <itiE;I?t??t €f? llc°6„i .a i1e'l,t. Any informati;3n obtained will he €€st kd 6Or that purl= 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 June 30, 2010. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA, N.A. / GM 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 $1,404.96. 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, JAMES J SMITH, in the amount of $1,404.96, 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 11-10409 ?I3?sa COIIIIT)LII)iCdti011 is froya a debt c.olleclot and IN AH 'IHeDIPt 10 k,IlleCt l dcl?it_ Ajiv itifonnati.)n obtained will be iisGd for tlmt VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, b anya Hollenbeck 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 By: ffibeelF Cus f Records 11-10409 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: ************5481 JAMES J SMITH Account Holder: JAMES J SMITH 24 S FRONT ST LEMOYNE PA 17043 Consumer Account Product Code: MC Issuer: HSBC BANK NEVADA, N.A. / GM Assignee: Portfolio Recovery Associates, LLC Account Number: ************.5481 Date Account Opened: July 25, 2007 Date of Last Payment: June 30, 2010 Date of Charge Off: February 28, 2011 Balance at Purchase: $1,404.96 Purchase Date: March 18, 2011 Balance at Charge-Off: $1,404.96 Less Payments: $.00 Balance Due: $1,404.96 11-10409 HSBK65 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 Hollenbeck , 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. / GM ("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 March 18, 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 JAMES J SMITH ("Debtor") to the Account Seller the sum of $1,404.96 with the respect to account number (************5481), as of February 28, 2011 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 $1,404.96 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC ntA By: o en c , Custodian of Records JAN ?1Z Subscribed and sworn to before me on of , 2011 Ow- Notary Public U Tanya Brown Commonwealth of Virginia 11-10409 Notary Public Commission No. 7155640 My Commission Expires 1113012015 I his comrnu: (anion ib lion a debt collector and is an atteillpt to Collect a de'br. _ nl ir! 1 obtained,xil1 lie used for that purpose. • • ASSIGNMENT AND BILL OF SALE HSBC Receivables Acquisition Company 1, HSBC Receivables Acquisition Corporation (USA) III, and HSBC Receivables Acquisition Corporation (USA) IV (hereinafter collectively called "Seller") has entered into a Purchase and Sale Agreement as of February 7, 2011 ("Agreement") for the sale of Prime Fresh 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 Seller's rights, title, and interest in each and every one of the Prime Fresh Charged Off Receivables described in the Agreement and in Exhibit A attached hereto. Purchaser and Seller agree that the Purchase Price shall be as stated in Paragraph 3 of the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 21 st day of March, 2011. HSBC Receivables Acquisition Company I, HSBC Receivables Acquisition Corporation (USA) III, and HSBC Receivables Acquisition Corporation (USA) IV Signed By:? By: Paul Stanborou h Title: Senior Vice President NS8KL5 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-CHICE Sheriff i' PAC F 1 „ ?'0 ?-," A? ?. tftill Jody S Smith Chief Deputy Richard W Stewart Solicitor tX 25 Q FEB 23 AM 8.4 6 t,U pENNYL?VAN A ..?, Portfolio Recovery Associates, LLC vs. James J. Smith Case Number 2012-616 SHERIFF'S RETURN OF SERVICE 02114/2012 05:50 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 14, 2012 at 1750 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James J. Smith, by making known unto himself personally, at 24 S. Front Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $76.00 February 15, 2012 ?7e- TIM LA K, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 Portfolio Recovery Associates, LLC "' THE [)Ro j�HONOT ii 120 Corporate Blvd 13 2 Norfolk, VA 23502 41' 10',26 Attorneys for Plaintiff CUMBE R/ 4 U NHS'fLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 No. 2012-616 CIVIL Plaintiff V. JAMES J SMITH 24 S FRONT ST LEMOYNE PA 17043 Defendant PRAECIPE TO SETTLE DISCONTINUE AND END PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, DISCONTINUED AND ENDED. Respe5XIly sub ed, Robert N. Polas, Jr., Esquire PA Bar#201259 Carrie Brown, Esquire PA Bar# 94055 Mark R. Garvey, Esquire PA Bar#312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff 11-10409 This communication 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 Mark R. Garvey, Esquire Attorney ID #9405512012591312686 Portfolio Recovery Associates, LLC 120 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 120 CORPORATE BLVD NORFOLK,VA 23502 Plaintiff No. 2012-616 CIVIL V. JAMES J SMITH 24 S FRONT ST LEMOYNE PA 17043 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle Discontinue and End upon JAMES J SMITH,by First Class Mail, Postage Pre-Paid, a copy thereof on this day of 2013,to: JAMES J SMITH MO A 170 24 S FRONT ST, LE MO Robert N. Polas, fr., Esquire PA Bar#20125 Carrie Brown, Esquire PA Bar# 94055 Mark R. Garvey, Esquire PA Bar#312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff 11-10409 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for this purpose.