HomeMy WebLinkAbout12-0896Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie A. Brown, Esquire PA Bar # 94055
Portfolio Recovery Associates, LLC F11 O- O F F I C E
140 Corporate Blvd. OF TH" TRCTNONOTARY
Norfolk, VA 23502
TELE: 1-866-428-8102 1?, 7 3 N
FAX: 757-518-0860
Attorneys for Plaintiff CUMB7RL.AND COUNTY
"I ? 9A $11A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY
140 Corporate Blvd.
Norfolk, VA 23502
V.
IZZATHUL MOWJOOD
50 TORY CIR
ENOLA PA 17025
ASSOCIATES, LLC
Plaintiff
Defendant
NOTICE
No. ao?2- 'RAU CtV\k
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.
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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.
IZZATHUL MOWJOOD
50 TORY CIR
ENOLA PA 17025
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
I his communication is from a debt collector and is an attempt to collect a debt.
Any infbnnation 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.
IZZATHUL MOWJOOD
50 TORY CIR
ENOLA PA 17025
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 IZZATHUL MOWJOOD, is an adult individual with last known address of 50 TORY
CIR, ENOLA PA 17025.
It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / ORCHARD BANK /
NON PRIME on August 17, 2005 with account number ************9090 (hereafter referred to
as "Account"). A copy of the account history is attached here to and collectivelymarked 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.
l'liis communication is from. a debt toll-ector and is an attempt to collect a debt.
Any infonnatioh obtained will be used fior 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.
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 August 31, 2009.
8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA, N.A. /
ORCHARD BANK / NON PRIME 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
$1,268.88.
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.
I I .The amount in controversy is within the jurisdictional amount requiring compulsory arbitration.
WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor ofPlaintiff
and against Defendant, IZZATHUL MOWJOOD, in the amount of $1,268.88, 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
11-39043
` bis communication is from. a debt collector acid is an attempt to collect a debt.
Any information obtained. will be used for that purpose.
VERIFICATION
The undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
Tanya 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 unworn falsificationto authorities.
Date : ?- By:
V*an cord s
11-39043
This dommunication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
EXHIBIT A
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Boulevard
Norfolk, Virginia 23502
Telephone: 1-866-428-8102
Fax: 1-757-518-0860
Statement of Account
Account: ************9090
IZZATHUL MOWJOOD
Account Holder:
IZZATHUL MOWJOOD
50 TORY CIR
ENOLA PA 17025
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 / NON PRIME
Portfolio Recovery Associates, LLC
************9090
August 17, 2005
August 31, 2009
October 31, 2009
$1,268.88
April 27, 2010
Balance at Charge-Off: $1,268.88
Less Payments: $.00
Balance Due: $1,268.88
11-39043
HSBH97
This communication is? from a 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:
1. I am competent to testify to the matters contained herein.
2. 1 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 / NON PRIME ("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 27, 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 IZZATHUL MOWJOOD ("Debtor') to the
Account Seller the sum of $1,268.88 with the respect to account number (************9090), as of October 31, 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 $1,268.88 as due and owing as of the date of
this affidavit.
Portfolio Recovery Associates, LLC
By: T , Custodian of Recor
Subscribed worn to before me on of JAN 2 4 20,1 012
Notary Public
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11-39043
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?A Y C ?u n,?ssiou I .!ur?s r 11 , ?
This communication is ;from a debt collector and is an attempt to collect a debt.
Any informatiom obtained will be used for that purpose.
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 Fill without recourse and without representation of, or warranty of,
collectibility, or otherwise, except to the extent provided for within the Agreement.
EXECUTED this 29th day of April, 2010.
HSBC CAR ERVICES (Ill) INC.
By:
Name: Susan Solsn
Title: Vice Prasid g -Asal&W Secretarv
HSBC BANjk NEVADA N.A.
By:
Natne: Sima Woman ?
Title: Senior- Vice President
1458W 97
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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Lr?. E?# pg? ? T
7012 FEB 23 AM 3:
CUMBERLAND COUNT?
Portfolio Recovery Associates, LLC
vs.
Izzathul Mowjood
Case Number
2012-896
SHERIFF'S RETURN OF SERVICE
02/14/2012 06:10 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February
14, 2012 at 1810 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Izzathul Mowjood, by making known unto himself personally, at 50 Tory Circle, Enola,
Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the
said true and correct copy of the same.
TIM LA K, DEPUTY
SHERIFF COST: $43.00
February 15, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF