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Home My WebLink About12-3052Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC s i 140 Corporate Blvd. f! . Norfolk, VA 23502 TELE: 1-866-428-8102 12°8?? J 1Q1 i FAX: 757-518-0860 Attorneys for Plaintiff CUMBERLAND C O 1J iN .F;' aA 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. ROB CLARK 302 CLOUDLESS SKY DR MECHANICSBURG PA 17050 Defendant NOTICE No. J a. - ansa, el U ? L l 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 S Court Administrator 32 South Bedford Street Carlisle, PA 17013 t!0 3 • 7s (717) 249-3166 Pennsylvania Lawyer Referral Service C K--w 1?' q1 VS (800) 692-7375 a ys zo 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. ROB CLARK 302 CLOUDLESS SKY DR MECHANICSBURG PA 17050 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 01TInaLill icilholt i5 from a debt collector and i'; at) Aterzrpt try collect ,r debt, ?sit'ril'ormation obtained «ill be used for that purpo 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 CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. V. ROB CLARK 302 CLOUDLESS SKY DR MECHANICSBURG PA 17050 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. Defendant ROB CLARK., is an adult individual with last known address of 302 CLOUDLESS SKY DR, MECHANICSBURG PA 17050. It is averred that Defendant was indebted to CITIBANK, N.A. / SEARS on December 1, 2007 with account number ************1871 (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. €?1,1 ??€?r? t ?x icy tit?tt pis 1=rorn a dcht collwor and is d1i ai empi k. CAlect a dchl =\riv inforination obtained vk ill he L1,;c 161that PurpO"",. 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 December 10, 2010. 8. Plaintiff is the purchaser, assignee and/or successor in interest CITIBANK, N.A. / SEARS 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 $9,206.18. 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, ROB CLARK, in the amount of $9,206.18, 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 11-76767 I cMMTILlzIicz01011 i5 from a cleft collector aiid is 2111 attea][11 to c(sllect a kit (ht. Any information obtained will be used for that purpo,,c. 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 unsworn falsification to authorities. Date : APR 2 3 2012 _ By: tma Sporman Custodian of Records 11-76767 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: ************1871 ROB CLARK Account Holder: ROB CLARK 302 CLOUDLESS SKY DR MECHANICSBURG PA 17050 Consumer Account Product Code: PVT Issuer: CITIBANK, N.A. / SEARS Assignee: Portfolio Recovery Associates, LLC Account Number: ************1871 Date Account Opened: December 1, 2007 Date of Last Payment: December 10, 2010 Date of Charge Off: July 25, 2011 Balance at Purchase: $9,206.18 Purchase Date: August 30, 2011 Balance at Charge-Off: $9,206.18 Less Payments: $.00 Balance Due: $9,206.18 11-76767 SRSM21 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, 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 CITIBANK, N.A. / SEARS ("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 30, 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 ROB CLARK ("Debtor") to the Account Seller the sum of $9,206.18 with the respect to account number (************1871), as of July 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 $9,206.18 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC Erm By: Custodian of Records -- to before me on ? 04PR 2 3 2012 , 2012 Notary 11-76767 Ayle a N. King Commonwealth of Virginia Notary Public Commission No. 7509711 My Commission Expires 05/31/2015 its cornmi,i nication is from a dcbt collwor and is an attempt to collect a dcllt. \t-i\ iiflOnn?ttion obtl-riried will be used tOr tliat [MI'l)oSe. Contract ID: PR 1 SP I EM082511 Document ID: 081011 PR I SP I EMB i BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT, dated August 30, 2011, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank") to Portfolio Recovery Associates, LLC, organized under the laws of the Delaware, with its headquarters/principal place of business at 130 Corporate Boulevard, Norfolk, VA 23502 ("Buyer"). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated August 25, 2011, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 and the final electronic file. Citibank, N.A. By: o- (Signature) Name: Patricia Hall Title: Financial Account Manager PRA 082511.doc 54WSM 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff s1•= Body s Smith .4?'"„ " H pRITHQNi,e' Chief Deputy Richard W Stewart =? ? r 212 MAY ZZ AM 9= 09 solicitor FICECFF'kEi"ERIFF CUMBERLAND CQUNT`r' PEOSYLVAH'A Portfolio Recovery Associates, LLC Case Number Vs. Rob Clark 2012-3052 SHERIFF'S RETURN OF SERVICE 05/17/2012 03:45 PM - Shawn Gutshall, Deputy Sheriff, who being duly swom according to law, states that on May 17 2012 at 1545 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Rob Clark, by making known unto Natalie Campisi, adult in charge at 302 Cloudless Sky Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. PUTY SHERIFF COST: $38.00 May 18, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleoeoft, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY 140 Corporate Blvd Norfolk, VA 23502 Plaintiff v ASSOCIATES, LLC )-_306a C4(1('l NO. v:1200 30/20 CIVIL ACTION - LAW ROB CLARK 302 Cloudless Sky Drive Mechanicsburg, PA 17050 Defendant(s) SUGGESTION OF BANKRUPTCY Court: y J rt c a CD G i. AND NOW, comes Plaintiff by and through its attorney, Robert N. Polas, Jr., and would show the 1. A petition has been filed for relief under Title 11, United States Code, in the United States Bankruptcy Court which bears the case number 12-04043. Relief was ordered on July 10, 2012. This action is founded on a claim from which a discharge would be a release or that seeks to impose a charge on the property of the estate. 4. This is for informational purposes only, and does not constitute a notice of appearance by the undersigned. WHEREFORE, Plaintiff suggests that this action has been stayed by operation of 1116.S. . § 362. Respectfully Subm' i r" By: Carrie A. Brown, Esquire, ID # 94055 Mark R. Garvey, Esq. #312686 Robert N. Polas, Jr., Esquire, ID # 201259 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, Va 23502 1-866428-8102 Fax: 757-518-0860 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe was served this day of October, 2012 by depositing same in the Post Office, first class mail, postage prepaid, addressed as follows: MICHAEL S TRAVIS, ESQ 3904 Trindle Road Camp Hill, PA 17011 Carrie A. Brown, Esquire, ID # 94055 Mark R. Garvey, Esq. #312686 Robert N. Polas, Jr., Esquire, ID # 201259 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, Va 23502 1-866428-8102 Fax: 757-518-0860 11-76767