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HomeMy WebLinkAbout12-2905Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar it 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. r` Norfolk, VA 23502 t.. 9? TELE: 1-866-428-8102 , f r FAX: 757-518-0860 3a Attorneys for Plaintiffs 1 d P' w r; 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. I P . aq?oS V. MICHELLE BARCZAK 330 S WASHINGTON ST APT I MECHANICSBURG PA 17055 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. Any information obtained will be used for that purpose. D C'V a I ,nu 1-Iu? 5? 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. MICHELLE BARCZAK 330 S WASHINGTON ST APT 1 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 ELGI13LE 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 'f),,s c°otn.inunici1bon 14 fiVai a debt: colleclor and is Uzi) 'tttertipt to Collect a debt, Any information obtained will lie use t'or that l)ur-pO.,sC. 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 C17VIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff' No. V. MICHELLE BARCZAK 330 S WASHINGTON ST APT 1 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 MICHELLE BARCZAK, is an adult individual with last known address of 330 S WASHINGTON ST APT 1, MECHANICSBURG PA 17055. It is averred that Defendant was indebted to WORLD FINANCIAL NETWORK BANK / AMERICAN SIGNATURE FURNITURE on May 5, 2008 with account number ************8458 (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. commuoicallon i5 from a. debt collector and is X1 atternpt to collect a debt, :\Tl . '11fionnation t htaine l will be used for 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 22, 2009. 8. Plaintiff is the purchaser, assignee and/or successor in interest WORLD FINANCIAL NETWORK BANK / AMERICAN SIGNATURE FURNITURE 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 $1,936.67. 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, MICHELLE BARCZAK, in the amount of $1,936.67, plus costs of this action and any other relief as the Court deems just an r sonable. Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-83157 r]ij? com nunicatlon is fi•ojn a debt collector acid is ern attempt to collect a dei?t, n?- intornlation obtair7ctl Will lie Used tcrr that purpt? c;. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Itina, Spellma.. 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. APR 112012 Date By: IdIA41401 n Custodian of Records 11-83157 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: ************8458 MICHELLE BARCZ.AK Account Holder: MICHELLE BARCZAK 330 S WASHINGTON ST APT 1 MECHANICSBURG PA 17055 Consumer Account Product Code: PVT Issuer: WORLD FINANCIAL NETWORK BANK / AMERICAN SIGNATURE FURNITURE Assignee: Portfolio Recovery Associates, LLC Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase: Purchase Date: ************8458 May 5, 2008 August 22, 2009 April 9, 2010 $1,936.67 September 27, 2011 Balance at Charge-Off: $1,936.67 Less Payments: $.00 Balance Due: $1,936.67 11-83157 ADSM35 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 WORLD FINANCIAL NETWORK BANK / AMERICAN SIGNATURE FURNITURE ("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 September 27, 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 MICHELLE BARCZAK ("Debtor") to the Account Seller the sum of $1,936.67 with the respect to account number (************8458), as of April 9, 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 $1,936.67 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC By: Itina pe m ustodian of Records Subscribed and sworn to before me on Notary Public 11-83157 APR 112012 2012 Dionne E. LaBoy Commonwealth of Virginle Notary Public Commission No. 7572855 My Commission Expires 12/31/2015 l leis com triunicatfoil V, from a debt collector and is stn attempt to collect a dekt. ,\!ay 1111,0rillat.ioll ohtatrted will be used for tliat P1,11-l3Ose. EXHIBIT A BILL OF SALE WORLD FINANCIAL NETWORK BANK ("Seller"), for value received and pursuant to the terms and conditions of Credit Card Account Purchase Agreement dated _September 9, 2011 _ between Seller and ("Purchaser"), its successors and assigns ("Credit Card Account Purchase Agreement"), hereby assigns effective as of the File Creation Date of September 21, 2011 all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described in Exhibit 1 attached hereto and made part hereof for all purposes. Number of Accounts Total Unpaid Balances Premium Due Seller Amounts due to Seller by Purchaser in hereunder shall be paid U.S. Dollars by a wire transfer to be received by Seller on (the "Closing Date") September 27, 2011 by 5:00 p.m. Seller's time, as follows: WORLD FINANCIAL NETWORK BANK ABA # Beneficiary Name: WORLD FINANCIAL NETWORK BANK Beneficiary Account:' This Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase Agreement to which this is an Exhibit. No other representation of or warranty of title or enforceability is expressed or implied. WORLD FINANCIAL NETWORK BANK PORTFOLIO RECO R A LLC By:? i By: Date: Title: Date: Z7ZI Title yr? ?,/?pr AD5M35 AD5M35 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ; _ , , r-} ITV Sheriff . j „gym ?t ?afst? u L . v Jody S Smith I ?„a Chief Deputy ?' Richard W Stewart et a t s.:? i & t.l ?,, Solicitor Portfolio Recovery Associates, LLC Case Number VS. Michelle Barczak 2012-2905 SHERIFF'S RETURN OF SERVICE 06/05/2012 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Michelle Barczak, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Michelle Barczak. Request for service at 330 S. Washington Street, Apartment 1, Mechanicsburg, Pennsylvania 17055 the Defendant was not found. Deputies were advised the new resident at this address has been here since February 2011. However, The Mechanicsburg Postmaster is still delivering Michelle Barczak's mail to this address. SHERIFF COST: $53.00 June 06, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. Carrie A. Brown, Esquire 1013 � r��/ Robert N. Polas Jr, Esquire Jy�d TA/; f Mark R. Garvey, Esquire 9 48 Attorney ID # 94055/201259/312686 UAL h�L4ND C !�� 1� Portfolio 20 Corporate B1vdAssociates, LLC NS YL�,���UyT�, 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. 12-2905 CIVIL V. MICHELLE BARCZAK 330 S WASHINGTON ST APT 1 MECHANICSBURG PA 17055 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respe fu y Submi ed, Robert N. Polas, Jr., Esquire PA Bar# 2012 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 11-83157 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Carrir, 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. 12-2905 CIVIL V. : MICHELLE BARCZAK 330 S WASHINGTON ST APT 1 MECHANICSBURG PA 17055 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon MICHELLE BARCZAK, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of , 204-x,to: MICHELLE BARCZAK, 330 S WASHINGTON ST AP , MECH I BURG PA 17055 11-83157 Robert N. Polas, Jr., Esquire PA Bar# 20125 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 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.