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HomeMy WebLinkAbout12-1126Robert 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 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY 140 Corporate Blvd. Norfolk, VA 23502 ASSOCIATES, LLC No. to Civil lean G "i r.a m n rn - rn rr _? r -Vr 4 -C N --4 CD C? 7ts C???Ti Z© - c?C1 r ? pC- p 4 ao 7"? V. Plaintiff ERIN DELANCY 580 WALNUT BOTTOM RD SHIPPENSBURG PA 17257 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 cll (800) 692-7375 103.,75 P15 ATri/ e# ? AS471 i4a V6 This communication is from a debt collector and is an attempt to collect a debt. P,* 4 713y9 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. ERIN DELANCY 580 WALNUT BOTTOM RD SHIPPENSBURG PA 17257 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 'l`Hs coinsnunication is Isom a debt collector and is an attempt to collet a debt. Any information obtained w]I] be tised l6r 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. ERIN DELANCY 580 WALNUT BOTTOM RD SHIPPENSBURG PA 17257 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 ERIN DELANCY, is an adult individual with last known address of 580 WALNUT BOTTOM RD, SHIPPENSBURG PA 17257. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / DISCOVER on February 20, 2008 with account number ************6406 (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. Thi> communication is Tom a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 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 payi ent,made on this Account was on November 8, 2009. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA, N.A. / DISCOVER 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 $837.37. IO.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. 1 l.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, ERIN DELANCY, in the relief as the Court deems just and reasonable. $837.37, plus costs of this action and any other Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-45574 "FThis c.oininunieation is ftom a debt collector and is an attempt to collect a debt. Any infonnation 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 unsworn falsification to authorities. Date : JAN 2 8 2012 `may: IrIl ollenbeck Cus di n of Records 11-45574 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 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: ************6406 ERIN DELANCY Account Holder: ERIN DELANCY 580 WALNUT BOTTOM RD SHIPPENSBURG PA 17257 Consumer Account Product Code: DISC Issuer: HSBC BANK NEVADA, N.A. / DISCOVER Assignee: Portfolio Recovery Associates, LLC Account Number: ************6406 Date Account Opened: February 20, 2008 Date of Last Payment: November 8, 2009 Date of Charge Off: July 31, 2010 Balance at Purchase: $837.37 Purchase Date: January 24, 2011 Balance at Charge-Off: $837.37 Less Payments: $.00 Balance Due: $837.37 11-45574 HSBK21 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, TanyaHollenbe& 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. / DISCOVER ("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 January 24, 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 ERIN DELANCY ("Debtor") to the Account Seller the sum of $837.37 with the respect to account number (************6406), as of July 31, 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 $837.37 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC By aHo , Custodian of Records Subscribed and sworn to before me on a of & , 2012 ?? cljn? Notary Public 11-45574 Samaria Angela Srasrre11 Commonwe , th of Vltyinia NOW ; Public • Comtr,,.blonNo. 75093015 My Commission ExW This COMmunication. is frorn a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose, 9 BILL OF SALE HSBC CARD SERVICES (III) INC. (f/k/a HOUSEHOLD CARI ("Seller"), for value received and pursuant to the terms and conditions of Purchase Agreement ("Agreement") dated November 17, 2010 between S SERVICES (III) INC. and Portfolio Recovery Associates, LLC, ("Pureha assign and convey to Purchaser, its successor and assigns, all right, title aj and to those certain Purchased Receivables (as defined in the Agreement) ExM- A (Sale File), without recourse and without representation of, or c collectibility, or otherwise, except to the extent provided for within the A, EXECUTED this 25`h day of January, 2011. ERVICES INC.) Receivables Ier and HSBC CARD "), does. hereby sell, interest of Seller in cted on the attached iranty of, ement. HSBC ICE (III) INC. By: Name: Paul Stnagi Title: Vice President HSBC BANK NEVAL k N.A. By: /- Nom. Pul Title: Saxier Vi kvy 14;56K t! SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?4tlttlV tit ?afiita????jt? r Jody S Smith 2912 FEB 2S AM 8: 34 Chief Deputy' Richard W Stewart CUMBER' AND COUNTY Solicitor `RIFF PENNSYLVANIA Portfolio Recovery Associates, LLG Case Number vs. Erin Delancy 2012-1126 SHERIFF'S RETURN OF SERVICE 02/23/2012 07:11 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law„ states that on February 23, 2012 at 1911 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Erin Delancy, by making known unto herself personally, at 580 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. TSHALL, DEPUTY SHERIFF COST: $48.00 February 24, 2012 SO ANSWERS,] RONK"Y R ANDERSON, SHERIFF