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HomeMy WebLinkAbout12-2903Robert 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 n 'f OT Attorneys for Plaintiff ij - ?-1', L r' `J `' r yyqq`4^LT4t - 1-r4 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. 51-2mo3 V. VALERIE YURSHIA 312 S RIVER ST UNIT A WORMLEYSBURG PA 17043 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 (800) 692-7375 This communication is from a debt collector and is an attempt to collect a debt. (? IM 70 ,?S Any information obtained will be used for that purpose. CP'+4 a,? y y$ 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. VALERIE YURSHIA 312 S RIVER ST UNIT A WORMLEYSBURG 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 ELGI 3LE 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'llis corrimLill ication is 1roin a debt collector and is an attempt to collect debt. Anv ii l-orrnatioti obtained will be used. J-or 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. VALERIE YURSHIA 312 S RIVER ST UNIT A WORMLEYSBURG 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. Defendant VALERIE YURSHIA, is an adult individual with last known address of 312 S RIVER ST UNIT A, WORMLEYSBURG PA 17043. 3. It is averred that Defendant was indebted to HSBC BANK NEVADA N.A. / METRIS on November 19, 1997 with account number ************5678 (hereafter referred to as "Account"). A copy of the account history is attached here to and collectively marked as Exhibit "A." 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. Tleis, communication is From a debt collector and is an attempt to collect a debt. nI i_nlormation obiained %kill 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. 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 July 22, 2010. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA N.A. / METRIS 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 $1,921.35. 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, VALERIE YURSHIA, in the amount of $1,921.35, plus costs of this action and any other relief as the Court deems just and reasonaA /11-, Robert N. Polas Jr., Esquire # 201259°` Carrie A. Brown, Esquire # 94055 11-61479 'This communication is fi-onl a debt collector and is an attennpt TO collect a dlcbi Any information obtained vkill be, used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Mary L. Moore 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 I a 2092 By? ? ti Custodian of Records 11-61479 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: 1-866428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************5678 VALERIE YURSHIA Account Holder: VALERIE YURSHIA 312 S RIVER ST UNIT A WORMLEYSBURG PA 17043 Consumer Account Product Code: MC Issuer: HSBC BANK NEVADA N.A. / METRIS Assignee: Portfolio Recovery Associates, LLC Account Number: ************5678 Date Account Opened: November 19, 1997 Date of Last Payment: July 22, 2010 Date of Charge Off: January 31, 2011 Balance at Purchase: $1,921.35 Purchase Date: July 22, 2011 Balance at Charge-Off: $1,921.35 Less Payments: $.00 Balance Due: $1,921.35 11-61479 HSBL70 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, Mary L. Moore 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. / METRIS ("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 July 22, 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 VALERIE YURSHIA ("Debtor") to the Account Seller the sum of $1,921.35 with the respect to account number (************5678), as of January 31, 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 $1,921.35 as due and owing as of the date of this affidavit. folio Recovery s dates, LLC 1 By: ary L. Moore , Custodian of Records PR 16 201? Subs Zan d worn ore me on of , 2012 f,. Notary Public Erin L. Carr 11-61479 commonwealth of Virginia Notary Public Commieelon No. 7509898 My Commission Expires 7131/2015 ThiS c«nrrTIxzrrication is from a debt collector- and is an attempt to collect a debt. ?n irrlormation obtained will be used for drat purpose, ASSIGNMENT AND BILL OF SALE HSBC Bank Nevada, N.A. and HSBC Bank USA, N.A., (hereinafter called "Seller") has entered into a Purchase and Sale Agreement as of May 16, 2011 ("Agreement") for the sale of Accounts and Account Documents described therein 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 Accounts 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 22nd day of July 2011. HSBC Bank Nevada, N.A. HSBC Ba USA, N.A. Signed By: By: David Nauman Title: Vice President 166IM70 1 64F 2 ASSIGNMENT AND BILL OF SALE HSBC Receivables Acquisition Company I , 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 May 16, 2011 ("Agreement") for the sale of Secondary 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 Secondary 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 22nd day of July 2011. HSBC Receivables Acquisition Company I, HSBC Receivables Acquisition Corporation (USA) III, and HSBC Receivables Acquisition Corporati USA) IV Signed By: By: David Nauman Title: Vice President H584 7 0 z of 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ";LLJ-tF ? tt??.w 2112 MAY 24 AM 8. 16 PENNSYLVANIA CUMBERLAND COUNTY Portfolio Recovery Associates, LLC VS. Valerie Yurshia Case Number 2012-2903 SHERIFF'S RETURN OF SERVICE 05/15/2012 08:42 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 15, 2012 at 2042 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Valerie Yurshia, by making known unto Christine Mock, adult in charge at 312 S. River Street, Unit A, Wormleysburg, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $44.00 May 18, 2012 = f Z: Z?;?; DENN FRY, DEPU ,7 SO ANSWERS, - KV-- Z' RON R ANDERSON, SHERIFF (c) CcuntySuite Sheriff, Teleosoff, Inc. 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. 12-2903 CIVIL V. ip VALERIE YURSHIA 312 S RIVER ST UNIT A S'yp N WORMLEYSBURG PA 17043 yr y a Defendant STIPULATION OF SETTLEMENT It is stipulated this October 25,2013 by and between the above-named parties, that Defendant(s) agree to pay Plaintiff the total sum of$1,521.35, to be paid as follows: down payment of$190.16 due on October 31, 2013, followed by 10 payments of$100.00 then one payment of$190.17then one payment of$141.02. Monthly payments will begin on November 30, 2013 and will continue on the last day of each month thereafter until agreed upon balance is paid in full. Should Defendant fail to timely make a payment, Plaintiff may, upon ten(10) days written notice to cure, enter judgment for the relief requested in the complaint including any interest and costs, giving credit for payments actually made hereunder. After the final payment has been made, the Plaintiff shall deliver to the Court of Common Pleas of CUMBERLAND County and undersigned, as applicable, a Praecipe to Settle, Discontinue and End. The undersigned Defendant waives and discontinues any counterclaims with prejudice, authorizes Plaintiff to communicate with them, waives any cease and desist request, and waives any and all defenses and claims stemming from this matter to date against Plaintiff, or its counsel. Payment in excess of the above minimum monthly payment will be applied to the account balance,but shall not relieve Defendant of their obligation to pay the next monthly payment(s). Defendant shall notify Plaintiff via regular mail with mailing receipt within ten (10) days of a change of address. TIME IS OF THE ESSENCE. To assure proper credit, include file 11-61479, on all payments. This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Make all payments to: PORTFOLIO RECOVERY ASSOCIATES, LLC P.O. BOX 12903 NORFOLK, VA 23541 Dated: I �' / Respectfully submitted, VALERIE YURSHIA Robert N. Polas, Jr., Esquire#201259 312 S RIVER ST UNIT A Carrie A. Brown, Esquire, #94055 WORMLEYSBURG PA 17043 Mark R. Garvey, Esquire#312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 11-61479 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 Gregory J. Babcock, Esquire Attorney ID # 94055/201259/312686/205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff o HE�(�- _ r E F RO E HUN. . 20I5JANI4 AMII:2B CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff v. VALERIE YURSHIA 312 S RIVER ST UNIT A WORMLEYSBURG PA 17043 Defendant No. 12-2903 CIVIL PRAECIPE TO SETTLE DISCONTINUE AND END PLEASE MARK THE ABOVE -CAPTIONED ACTION AS SETTLED, DISCONTINUED AND ENDED. 11-61479 es ctfully submitted/ Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Gregory J. Babcock, Esquire PA Bar # 205061 Portfolio Recovery Associates, LLC 120 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. Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Gregory J. Babcock, Esquire Attorney ID # 94055/201259/312686/205061 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. 12-2903 CIVIL v. VALERIE YURSHIA 312 S RIVER ST UNIT A WORMLEYSBURG 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 VALERIE YURSHIA by First Class Mail, Postage Pre -Paid, a copy thereof on this 11-61479 day of , 20J, to: VALERIE YURSHIA 312 S RIVER ST.'�1T , WORMLEYSBU 17043 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Gregory J. Babcock, Esquire PA Bar # 205061 Portfolio Recovery Associates, LLC 120 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 this purpose.