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HomeMy WebLinkAbout12-2908Robert 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 .r FAX: 757-518-0860 Attorneys for Plaintiff d_, s 't E € L A i, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY 140 Corporate Blvd. Norfolk, VA 23502 V. ASSOCIATES, LLC Plaintiff HAROLD MCCOMMON TINA M MCCOMMON 659 GRAHAMS WOOD RD NEWVILLE PA 17241 Defendant NOTICE No. I .ag03 avi 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. n'? so (2?0 ) (0 9.2 ?Aa-)L49s3 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. HAROLD MCCOMMON 659 GRAHAMS WOOD RD NEWVILLE PA 17241 TINA M MCCOMMON 659 GRAHAMS WOOD RD NEWVILLE PA 17241 Defendants 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 HONORAR.IO 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 hlriS Col rill iLill icatioll i5 ti-orri a debt Collector'Irld i4 an ,ttlerlipi to collect a € chl, \nv nttrrnnallon obtained will be uscd for that pUl'Po"'e. 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. HAROLD MCCOMMON 659 GRAHAMS WOOD RD NEWVILLE PA 17241 TINA M MCCOMMON 659 GRAHAMS WOOD RD NEWVILLE PA 17241 Defendants COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendants, HAROLD MCCOMMON and TINA M MCCOMMON, are an adult individuals with last known address of 659 GRAHAMS WOOD RD, NEWVILLE PA 17241. 3. It is averred that Defendants were indebted to GE MONEY BANK F.S.B. / LOWES on June 3, 2001 with account number ************1295 (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, Defendants 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, Defendants have used said Account for the purchase of products, goods and/or for obtaining services. [-Il : con-i munic ation is li-oln a &N Collector and I'S 1111 attempt to collcc4 G1 dcb!, \ny H f'orin,atton ohtaillcd will be u zed fir that purpose. Defendants were 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 Defendants. 7. Defendants were 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 March 4, 2010. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK F.S.B. / LOWES 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 $1,692.44. 10. Despite reasonable and repeated demands for payment. Defendants have 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 Defendants, HAROLD MCCOMMON,andTINA M MCCOMMON, in the amount of $1,692.44, plus costs of this action and any other relief the Court deem ?u t and reasonable. )1 /J ? v Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-78484 I'his t,ol rriunicatio« is fi-on) ,1 dcbt Collector aild is all atter ipt ':O collect a (ICln. ,<\n .y infior nation obtained ?A ill be ?iscd for that ptirpoW. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, ,tina SVVII M 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 : APR 112012 By: , J, i?'J' 'I Custodian of Re ords 11-78484 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: ************1295 HAROLD MCCOMMON TINA M MCCOMMON Account Holders: HAROLD MCCOMMON 659 GRAHAMS WOOD RD NEWVILLE PA 17241 TINA M MCCOMMON 659 GRAHAMS WOOD RD NEWVILLE PA 17241 Consumer Account Issuer: Assignee: Account Number: Date Account Opened Date of Last Payment: Date of Charge Off: Balance at Purchase: Purchase Date: Product Code: PVT GE MONEY BANK F.S.B. / LOWES Portfolio Recovery Associates, LLC ************1295 June 3, 2001 March 4, 2010 August 10, 2010 $1,692.44 August 31, 2011 Balance at Charge-Off: $1,692.44 Less Payments: $.00 Balance Due: $1,692.44 11-78484 GECM 16 This communication is from a collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. AFFIDAVIT r State of Virginia City of Norfolk ss. I, the undersigned, _ ltina. Spellman 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. 1 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. / LOWES ("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 August 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 HAROLD MCCOMMON and TINA M MCCOMMON ("Debtor and Co-Debtor") to the Account Seller the sum of $1,692.44 with the respect to account number (* * * * * * * * * * * * 1295), as of August 10, 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 $1,692.44 as due and owing as of the date of this affidavit. Portfolio Recovery Associ es, LLC BF brio S , Custodian of Records Subscribed and sworn to before me on APR 112012 , 2012 ?famno E, LABOY otary Public Commonwealth Of Virglnla Notary Public Commission No. 7572855 11-78484 My Commission Expires 1213112015 a s.,.1)1,; communication is f-oni a debt collector and is an attempt to collect a debt. 1nav inlorrt ation obtained will be used 1f0r t1lat rurp« s . i 0 GE Money Bank BILL of SALE PRA 180-day Mid Prime - August 2011 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement"), dated the 20th day of December, 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, 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 August 20, 2011, and as further described in the Agreement. GE Money ank f By: -? Title: CFO Retailer Credit Services Inc B y: Title: President General Electric Capital Corporation By: G ,j7 (N Title: Vice President GICA416 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson. A y Sheriff HE PROTHONOTA `r Jody S Smith Chief Deputy 2012 MAY 22 AM 9` 09 Richard W Stewart OR[-A ? n0UNTY Sofickor 011`91.,E CF `?E6 $ "ERIFr PENNSYLVANIA Portfolio Recovery Associates, LLC Case Number VS. Tina M. McCommon (et al.) 2012-2908 SHERIFF'S RETURN OF SERVICE 05/14/2012 04:19 PM - Shawn Gutshall, Deputy Sheriff, who being duly swom according to law, states that on May 14 2012 at 1619 hours, he served a true copy of the within Complaint and Notice, upon the within named deendant, to wit: Tina McCommon, by making known unto herself personally, at 659 Grahems Woods Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the some time handing to her personalty the said true and correct copy of the same. UTSHALL, DEPUTY 05/14/2012 04:19 PM - Shawn Gutshall, Deputy Sheriff, who being duly awom according to law, states that on May 14 2012 at 1619 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wft: Harold McCommon, by making known unto Tina McCommon, Wfe of Defendant at 659 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. S S , DEPUTY SHERIFF COST: $56.00 May 18, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, TeleosoR, Inc.