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Home My WebLink About12-3230Robert N. Potas, 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' t 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 V. JOANNE F BURKHOLDER 600 N MIDDLE RD NEWVILLE PA 17241 Defendant NOTICE No jai 6 ?.iV l A . _'2 a You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action wihing 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. Cll V4 Q-1 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. : JOANNE F BURKHOLDER 600 N MIDDLE RD NEWVILLE PA 17241 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes pagmas, 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 d hero 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 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. JOANNE F BURKHOLDER 600 N MIDDLE RD NEW VILLE PA 17241 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 JOANNE F BURKHOLDER, is an adult individual with last known address of 600 N MIDDLE RD, NEWVILLE PA 17241. 3. It is averred that Defendant was indebted to HSBC BANK NEVADA N.A. / METRIS on February 20, 2007 with account number ************6790 (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. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. ?.kht ?;oll;+.. f" ...w -, "Irl lMab B€rl to 'oriTnaattO;1 0 3 xs1 lii 6.? 'ti'z_ii r.,? ai ;2?;t lClttF C:. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits ror 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 paynnents on the Account. The last payment made on this Account was on September 12, 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 52,978.41. 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, JOANNE F BURKHOLDER, in the amount of $2,978.41, plus costs of this action and any other relief as the Court deems just and reasonably. r. Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-85861 i ='. ,,,'Fs3?._-.ill{1tCt2tlC)rl ",'. lr€}[2l xl i>s,'.?C ?;t l:.'.f.?f,T ;lfl{ jr -,11kC lS VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Larry J Andrew;, 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 11-85861 By: ` - 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: ************6790 JOANNE F BURKHOLDER Account Holder: JOANNE F BURKHOLDER 600 N MIDDLE 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: Balance at Charge-Off: Less Payments: Balance Due: I1-85861 HSBM65 Product Code: VISA HSBC BANK NEVADA N.A. i METRIS Portfolio Recovery Associates, LLC ************6790 February 20, 2007 September 12, 2010 April 30, 2011 $2,978.41 October 21, 2011 $2,978.41 $.00 $2,978.41 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, Larry J. Andrews 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 October 21, 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 JOANNE F BURKHOLDER ("Debtor") to the Account Seller the sum of $2,978.41 with the respect to account number (************6790), as of April 30, 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 $2,978.41 as due and owing as of the date of this affidavit. Portfolio R covery Associates, LLC By: Custodian of Records ?IAY , ? 2412 Subscribed and sworn to before me on of , 2012 olonne E. LaEoy Commonwealth of Virginia Notary Public Notary Public I E.t Commission No. 7572855 My Commission Commission a No 1213112015 11-85861 i J t C 1< ft,01T1 ?t debt c-tille:f.;tor ?wu 1r °????st .;5 , c?il??a ;? =??E?=? ?, EXHIBIT B 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 21 St day of October, 2011. HSBC Bank Nevada, N.A. HSBC Bank USA, N.A. Signed By: ' i.C-- - By: David Nauman Title: Senior Vice President ,,? utRwf6S /?c 2 EXHIBIT B (Continued) ASSIGNMENT AND BILL OF SALE HSBC Receivables Acquisition Company I, HSBC Receivables Acquisition Corporation (USA) III, 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 t' e sale of Receivables described therein to Portfolio Recovery Associat,_s; 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 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 21 st day of October, 2011. HSBC Receivables Acquisition Company I HSBC Receivables Acquisition Corporation (USA) III HSBC Receivables Acquisition Corporation (USA) IV Signed By: By: David Nauman _ Title: Vice President Request for Service Ronny R. Anderson, Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx:717.240.6397 Plaintiff/s: Court Number: PORTFOLIO RECOVERY Expiration Date: ASSOCIATES, LLC Type of Action: CIVIL Defendant/s: JOANNE F BURKHOL,DER Serve Upon: JOANNE F BURKHOLDER Address for Service: 600 N MIDDLE RD NEWVILLE PA 17241 Alternate Address for for Service: Type of Service: ? Adult in Charge ? Personal ? Deputize ? Certified Mail ? Posting "Copy of Court Order Keywred with Postings' Special Service Instructions: If service is to be made by deputized service to another county please specify which county* Filing Attorney: Name: Robert N. Polas, Jr. Address: 140 Corporate Blvd. Norfolk, VA 23502 Phone Number: 1-866-428-8102 r Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire ( 1� Attorney ID #94055/201259/312686 -_ 'HE 'i , 1 t' :- a , Portfolio Recovery Associates, LLC ` � �� 120 Corporate Blvd 4 � f � ; �� Norfolk, VA 23502 CLJHBE LAND C0'/p:4TY2 Attorneys for Plaintiff PENNS YI VA NIA 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. 12-3230 CIV v. JOANNE F BURKHOLDER 600 N MIDDLE RD NEWVILLE PA 17241 Defendant PRAECIPE TO SETTLE DISCONTINUE AND END PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, DISCONTINUED AND ENDED. Respec submitted, Robert N. Polas, Jr., Esquire PA Bar#201259 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 11-85861 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 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. 12-3230 CIV v. • JOANNE F BURKHOLDER 600 N MIDDLE RD NEWVILLE PA 17241 Defendant : CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle Discontinue and End upon JOANNE F BURKHOLDER by First Class Mail, Postage Pre-Paid, a copy thereof on this day of , 201K to: to: E F BURKHOLDER 600 N MIDD ' P, NEWVI �►'' PA 17241 JOANNE ,� I j Robert N. Polas, Jr., Esquire PA Bar#201259 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 11-85861 This communication is from a debt collector and is an attempt to collect a debt. AnN/i»fnrmo+1111, 111.0,,11.t AA rr>i11 1+4.,,nni1 -F.-+1,4n