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Home My WebLink About12-3493Ii Robert 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 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. WILLIAM SCHANER 3607 BEECH RUN LN MECHANICSBURG PA 17050 Defendant NOTICE c? t01 =c C:..9 c. ? 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. ?F 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 _ f Carlisle, PA 1701.3 t63. (717) 249-3166 / g Pennsylvania Lawyer Referral Service C / ! & 0 (800) 692-7375 AlArt 4S' This communication is from a debt collector and is an attempt to collect a debt. No. /a - 3y9,3 611, i C-T 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. WILLIAM SCHANER 3607 BEECH RUN LN 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 die 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 !'Ins comi-nunication is from a debt collector and is an attempt to collect a debt. .env in brination obtaFned will be used ?['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: 1-866428-8102 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. WILLIAM SCHANER 3607 BEECH RUN LN 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. 2. Defendant WILLIAM SCHANER, is an adult individual with last known address of 3607 BEECH RUN LN, MECHANICSBURG PA 17050. It is averred that Defendant was indebted to HSBC BANK NEVADA N.A. / BON TON on April 13, 2005 with account number ************6821 (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. Ibis communication is tro n a debt collector and is {pit attempt to collect a debt.. .env ins(=on-nation obtai-ned will he 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. 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 February 13, 2009. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC 13ANK NEVADA N.A. / BON TON 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." 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 $731.73. 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, WILLIAM SCHANER, in the amount of $731.73, 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 11-76480 This communication is from a debt collector and is ait attemi to collect. it (cbt And intotination obtained will be used liar that. hugiose. 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 unswom falsification to authorities. MAY 10 201 Date : 11-76480 By. Mary L. Moore 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: ************6821 WILLIAM SCHANER Account Holder: WILLIAM SCHANER 3607 BEECH RUN LN MECHANICSBURG PA 17050 Consumer Account Product Code: PVT Issuer: HSBC BANK NEVADA N.A. / BON TON Assignee: Portfolio Recovery Associates, LLC Account Number: ************6821 Date Account Opened: April 13, 2005 Date of Last Payment: February 13, 2009 Date of Charge Off: May 31, 2009 Balance at Purchase: $731.73 Purchase Date: November 24, 2009 Balance at Charge-Off: Less Payments: Balance Due: 11-76480 HSBG48 $731.73 $.00 $731.73 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. / BON TON ("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 November 24, 2009. 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 WILLIAM SCHANER ("Debtor") to the Account Seller the sum of $731.73 with the respect to account number (************6821), as of May 31, 2009 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 $731.73 as due and owing as of the date of this affidavit. rtfolio Recovery Associates, LLC ?? ,/, e7? Y: Mary L. Moore , Custodian of Records Subscribed and s7orn to before me on Notary Public 11-76480 MAX f10 201 2012 e4a Braswe?? g fa Ao "re ao of Virginia common public Notary 75p9732 ma °n ExWreS 1113012015 my C; This communication is frorn a debt collector and is an attempt to collect a debt. any information obtained will be used for that purpose. HSBC m ASSIGNMENT AND BILL OF SALE HSBC Receivables Acquisition Corporation (USA) IV, (hereinafter called "Seller") has entered into a Purchase and Sale Agreement as of September 28tH 2009 ("Agree nr) for the sale of One (1) Agency Recall 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 riots, title, and interest in each and every one of the One (1) Agency Recall 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 24th day of November, 2009. HSBC Receivables Acquisition Corporation (USA) IV M1c ael Desantis Senior Vice President HSBC Card and Retail Services 90 Christiana Road. New Castle, DE 19720 pSQG yf SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 1 !. }- .. , lit-? , •. Sheriff _., Jody S Smith a? tr o ?umbrrr i l J12 17 7 Chief Deputy Richard W Stewart IJ11BEEL : Solicitor OMCE :;F -',E S-ERIE P .i' (tl* NIA Portfolio Recovery Associates, LLC vs. William J. Schaner, Sr. Case Number 2012-3493 SHERIFF'S RETURN OF SERVICE 06/05/2012 05:56 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 5, 2012 at 1756 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William J. Schaner, Sr., by making known unto himself personally, at 3607 Beech Run Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.00 June 06, 2012 RYAN BURGETT, DE SO ANSWERS, RON R ANDERSON, SHERIFF t( .-.j Sheriff, Teloosoit. Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart S I" t ?ytk+?tt+t, 04 ?u?q?,?.?? G r Amended Portfolio Recovery Associates, LLC Case Number vs. William J. Schaner, Sr. 2012-3493 SHERIFF'S RETURN OF SERVICE 06/13/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: William J. Schaner, Sr., but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant William J. Schaner Sr. William J. Schaner, Sr. advised Deputies this Complaint and Notice is for his Son, William J. Schaner Jr. SHERIFF COST: $38.00 SO ANSWERS, June 06, 2012 RON R ANDERSON, SHERIFF 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.2012-3493 V. WILLIAM SCHANER 3607 BEECH RUN LN MECHANICSBURG PA 17050 Defendant c - Q C F,i PRAECIPE TO DISCONTINUE a c'''. To the Prothonotary: zo Please mark the above-entitled case as discontinued without prejudice. >i ° -'<'' a. Resp ct lly Submi ed, R ert N. Polas, Jr., Esquire PA Bar# 20125 Carrie Brown, Esquire PA Bar#94055 Murk R.Garrey, Esquire PA Bar#312686 Portfolio Recovery Associates, L UC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1466428-8102 FAX: (757)515-0860 Attorneys for Plaintiff 11.76480 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK,VA23502 Plaintiff No,2012-3443 V. WILLIAM SCHANER 3607 BEECH RUN LN MECHANICSBURG PA 17050 Defendant CERTIFICATE OF SERVICE the undersigned does hereby certify that I served a copy of the foregoing Praecipe trscontinue upon WILLIAM SCHANER,by First Class Mail,Postage Pre-Paid, a copy thereof on this day of 20�to: WILLIAM SCHANER, 3607 BEECH RUN LN, MECHAX SBUURG/1PA,�7O 11-76480 Robert N. Polas, Jr., Esquire PA Bar#20L Carrie Brown, Esquire PA Bar#44055 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.