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HomeMy WebLinkAbout12-2419Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC ;' ?*' 140 Corporate Blvd. 12 Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 E ,fre Attorneys for Plaintiff te r` " R L A IN C: t' i P.I T Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. ELIZABETH HALLETT 57 MEADE DR CARLISLE PA 17013 Defendant NOTICE No. ? - aLI ? I (t U 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. ?,,}?3.-?5p(4a ? D/ a'7 N o05 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. ELIZABETH HALLETT 57 MEADE DR CARLISLE PA 17013 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 Thi ; COI 1I11LIJAIC lti0il iS fto in a debt collector and is an att?enipt: to Collect it clebt. :'lny info nation obtained xvill be used for that lnurpose. 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. ELIZABETH HALLETT 57 MEADE DR CARLISLE PA 17013 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. Defendant ELIZABETH HALLETT, is an adult individual with last known address of 57 MEADE DR, CARLISLE PA 17013. It is averred that Defendant was indebted to GE MONEY BANK F.S.B. / OLD NAVY on August 28, 2005 with account number ************0198 (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. This communication is fi-orn a debt collector anti is an attempt to collect a debt. Any information obtained will be used for that purpose. 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 August 13, 2009. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK F.S.B. / OLD NAVY 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 $887.14. 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, ELIZABETH HALLETT, in the amount of $887.14, plus costs of this action and any other relief as the Court deems just and Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-82561 T11is corgi mutlication is from a debt collector and is all attetnpt to collect a deht. :nr infbrtnation obtained ti>ill be used tor that purpose, VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, ltina Spellman 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 falsification to authorities. Date : APR A 5 2012 11-82561 By: J6 .?/ iina pe man Custodian of Records 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: ************0198 ELIZABETH HALLETT Account Holder: ELIZABETH HALLETT 57 MEADE DR CARLISLE PA 17013 Consumer Account Product Code: PVT Issuer: GE MONEY BANK F.S.B. / OLD NAVY Assignee: Portfolio Recovery Associates, LLC Account Number: ************0198 Date Account Opened: August 28, 2005 Date of Last Payment: August 13, 2009 Date of Charge Off: March 24, 2010 Balance at Purchase: $887.14 Purchase Date: January 31, 2011 Balance at Charge-Off: $887.14 Less Payments: $.00 Balance Due: $887.14 11-82561 GECK25 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. ltina Spellman I, the undersigned, , 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 GE MONEY BANK F.S.B. / OLD NAVY ("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 31, 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 ELIZABETH HALLETT ("Debtor") to the Account Seller the sum of $887.14 with the respect to account number (************0198), as of March 24, 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 $887.14 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC -- By: Itina Sp man , Custodian of Records Subscribed an orn to efore me on Notary Public 11-82561 APR 0 5 2012 2012 Erin L. Carr Commonwealth of Virginia Notary Public Commission No. 7509898 My Commission Expires -7- -015 l-his communication is from a debt collector and i5 an attempt to collect a debt. env Ini'Ornmatioll obtained will be used ]or that ptarpose. • E EXHIBIT A BILL of SALE For value received and in further consideration of the mutual covenants and conditions sek for& in du'Forward Flow Receivables Purchase Agreement (the "Agreement"), dated as of the 208' day of December, 2010 by and between General Electric Capital Corporation, a Delaware corporation, GE Morey Bank, a federal savings bank, and Retailer Credit Services Inc, a Delaware corporation (collectively "Seller") and Portfolio Recovery Associates, LLC ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on each Transfer Date, and as further described in the Agreement. GE Money B By: C Title: O Retailer Credit' Servicps I C By: Title: General Electric Capital Corporation By: Title: 26 r ECK t S I W r EXHIB TT A BILL of SALE For value received and in further consideration of the mutual covenants and conditions set fc in the Forward Flow Receivables Purchase Agreement (the "Agreement"), dated as of the M* day of Deter, 2010 by and between General Electric Capital Corporation, a Delaware corporation, GE Money Bank, a federal savings bank, and Retailer Credit Services Inc, a Delaware corporation (collectively "Seller") and Portfolio Recovery Associates, LLC ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, wit recourse except as set forth in the Agreement, to the extent of its ownership, the ReceivaKes as set forth in the Notification Files (as deed in the Agreement), delivered by Seller to Buyer on each Transfer Date, and as further described in the Agreement. GE Money Bank By: Title: Retailer Credit Services Inc By: Title: Gener By: Title: 26 G&C91V5 Z&/?Wl' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ' I EU-OF- 4??ycr of tu,r,t,?rf THE RP'"f?! Jody S Smith - Chief Deputy PIA Y `8 Q Q. 3 Richard W Stewart Solicitor PENNSYLVANIA Portfolio Recovery Associates, LLC vs. Case Number Elizabeth Hallett 2012-2419 SHERIFF'S RETURN OF SERVICE 05/03/2012 03:58 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 3, 2012 at 1558 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Elizabeth Hallett, by making known unto Paul Haut, Husband of Defendant at 57 Meade Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 4?GU?TSH'ALL, DEPUTY SHERIFF COST: $40.00 May 04, 2012 SO ANSWERS, ????r+-"mow RON R ANDERSON, SHERIFF .Can'_ u t . 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