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HomeMy WebLinkAbout12-1397Robert 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 ASSOCIATES, LLC 140 Corporate Blvd. /a 13? Norfolk, VA 23502 No. Plaintiff v. ,- m ca MICHAEL LAME - 2431 ROLLING HILLS DR u)? 0 rr) MECHANICSBURG PA 17055 Defendant <a ? = = ai: 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 3-S (717) 249-3166 Pennsylvania Lawyer Referral Service 103.75 Pi) AT'T`/ (800) 692-7375 1441035 a7/ R57 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. MICHAEL LAME 2431 ROLLING HILLS DR MECHANICSBURG PA 17055 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?=?;??dit?ll ?? ?=•??i?i ?? clad ?':. ?_?? -Nile 11116-mation {t. LXv71 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. MICHAEL LAME 2431 ROLLING HILLS DR MECHANICSBURG PA 17055 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 MICHAEL LAME, is an adult individual with last known address of 2431 ROLLING HILLS DR, MECHANICSBURG PA 17055. 3. It is averred that Defendant was indebted to GE MONEY BANK F.S.B. / CARE CREDIT on May 28, 2010 with account number ************5684 (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. Hw COfl"ll3 011 14 d_til"€ it;l €sr E1E't t IIIJOT`wi • 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. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK F.S.B. / CARE CREDIT 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 $1,258.81. 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, MICHAEL LAME, in the amount of $1,25 8.8 1, 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 11-48343 s ? ? a i e fron-1 X1 ,1: VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, UsUne Patterson 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 FEB 0 9 2012 Custo ian oMeco*rds 11-48343 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: ************5684 MICHAEL LAME Account Holder: MICHAEL LAME 2431 ROLLING HILLS DR MECHANICSBURG PA 17055 Consumer Account Product Code: PVT Issuer: GE MONEY BANK F.S.B. / CARE CREDIT Assignee: Portfolio Recovery Associates, I.LC Account Number: ************5684 Date Account Opened: May 28, 2010 Date of Last Payment: N/A Date of Charge Off: January 25, 2011 Balance at Purchase: $1,258.81 Purchase Date: February 28, 2011 Balance at Charge-Off: $1,258.81 Less Payments: $.00 Balance Due: $1,258.81 11-48343 GESK52 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. Cristina Pattersol i I, the undersigned, _ 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 GE MONEY BANK F.S.B. / CARE CREDIT ("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 February 28, 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 MICHAEL LAME ("Debtor") to the Account Seller the sum of $1,258.81 with the respect to account number (************5684), as of January 25, 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 $1,258.81 as due and owing as of the date of this affidavit. P olio Rec very oci s, LLC By: e rl, Custodian o Records Subscribed and sworn to before me on Notary Public 11-48343 of , 2012 Samaria Angela Braswell r Commonwealth of birginla Notary Public Comn?lon No. 7509732 I MY Commission Expires 11130/2015 i1 is '1'ronl a debt col, 61alm-"d will be EMMMEA BILL OF SAL For value receeva ail in fa it commicration of the nhWW covemats and condition set forma is the Ftx'v ud Flow 11 h Amt (the "Padam Padam Armnent-), dated as of Octiaba 19, *2010 by mA bKwm t Capital Corp. (cohactively "S°') and Portfolio Recovery AmocAMM 114 ("Bayex'?, Seller hereby umfen, sells, conveys, ts, and delivers to Buyer, its swcessors and assess, without recourse exert as set forth in the Purchase Aptemeid, to the exhat of its ownership, the Receivables as set forth in the Notifuahtion Files (as defused in the Pwluw Apumat), delivered by Seller to Bayer on each Transfer Date, and as Baer described to tie Purchase Agreenhent. GE Capital Corp. By: Glens, a Title: VP Date: Cut-off Date Face Value # of Accounts Purchase Purchase Price Price Factor c4sors4z SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ` L) j i Sheriff -4??YSCJ of G:ufl?tP/? ' ., . Jody S Smith Chief Deputy L,9 12 AR, 27 A 8: 2 Richard W Stewart CUMBERLAND Solicitor'fS'Lf1?°I?ir `S; Portfolio Recovery Associates, LLC --- vs. Case Number Michael Lame 2012-1397 SHERIFF'S RETURN OF SERVICE 03/05/2012 07:09 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn accordinnt2 aw, states that on March 5, 2012 at 1909 hours, he served a true copy of the within Complaint and Nupon the within named defendant, to wit: Michael Lame, by making known unto himself personally, 31 Rolli ng Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents same time handing to him personally the said true and correct copy of the same. /? ?l N, DEPUTY SHERIFF COST: $38.00 March 06, 2012 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 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. 12-1397 c V. co MICHAEL LAME mac` 2431 ROLLING HILLS DR r- MECHANICSBURG PA 17055 o ° Defendant y ry �T PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respect Submitted, Robe . 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 11-48343 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 # 94055/201259/312686 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. 12-1397 V. MICHAEL LAME ; 2431 ROLLING HILLS DR MECHANICSBURG PA 17055 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon MICHAEL LAME, by First Class Mail, Postage Pre-Paid, a copy thereof on this Z-0 day of 203, to: MICHAEL LAME, 2431 ROLLING HILLS DR, MECHANICS RG PA 17055 11-48343 Robert R. Polas, Jr., Esquire PA Bar# 201259 Carrie Brown, Esquire PA Bar# 94055 Mark R. Garvey, Esquire PA Bar# 312686 Portfolio Recovery Associates, LLC 1.20 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.