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HomeMy WebLinkAbout12-3496Robert 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: 1-866428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY 140 Corporate Blvd. Norfolk, VA 23502 V. ASSOCIATES, LLC No. is -2y9A, JUDITH A WEAVER Plaintiff 9 HELLAM DR MECHANICSBURG PA 17055 Defendant NOTICE rn F r 4,: ? , 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. 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 S? Carlisle, PA 17013 (717) 249-3166 rd3. ?S PR-4 ennsylvania Lawyer Referral Service (800) 692-7375 Cam' 17g Z- o i8ssc7 This communication is from a debt collector and is an attempt to collect a debt. 27 `f&/ Any information obtained will be used for that purpose. km , 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. JUDITH A WEAVER 9 HELLAM DR 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 JUDITH A WEAVER, is an adult individual with last known address of 9 HELLAM DR, MECHANICSBURG PA 17055. 3. It is averred that Defendant was indebted to HSBC CARD SERVICES (III) INC. / GM FLEXIBLE EARNINGS on March 22, 2008 with account number ************6283 (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. "[hi communication is from a debt collector and is an attempt to collect ?i dcbt. Any infiormation obtained will be Lined f101- that ptI xOse. 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 July 26, 2008. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC CARD SERVICES (III) INC. / GM FLEXIBLE EARNINGS 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 $1,066.41. 9. 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, JUDITH A WEAVER, in the amount of $1,066.41, plus costs of this action and any other relief as the Court deems just and reasonable. J Robert N. Polas Jr., Esquire # 201257' Carrie A. Brown, Esquire # 94055 11-72971 This communication is from a debt collector and is au attempt to c« llec:t a debt. Anv inlonTiation obtained WAll be uSW (??,?. tbilt purpose. 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 unsworn falsification to authorities. Date : mAY 10 20V B L• Moore Custodian of Records 11-72971 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: ************6283 JUDITH A WEAVER Account Holder: JUDITH A WEAVER 9 HELLAM DR MECHANICSBURG PA 17055 Consumer Account Product Code: MC Issuer: HSBC CARD SERVICES (III) INC. / GM FLEXIBLE EARNINGS Assignee: Portfolio Recovery Associates, LLC Account Number: ************6283 Date Account Opened: March 22, 2008 Date of Last Payment: July 26, 2008 Date of Charge Off: March 31, 2009 Balance at Purchase: $1,066.41 Purchase Date: September 22, 2009 Balance at Charge-Off: $1,066.41 Less Payments: $.00 Balance Due: $1,066.41 11-72971 HSBF79 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, M L. Moore , 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 HSBC CARD SERVICES (III) INC. / GM FLEXIBLE EARNINGS ("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 22, 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 JUDITH A WEAVER ("Debtor") to the Account Seller the sum of $1,066.41 with the respect to account number (************6283), as of March 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 $1,066.41 as due and owing as of the date of this affidavit. ;Prtfolio Recovery Associates, LLC C/ v ?C G aty Moore , Custodian of Records Subscribed and sw©tn to before me on MAY of 0 7012 12012 Notary Public Samaria Angola IBM ?w all 11-72971 commonwealth et N ry Publle • Commission No, 7509732 MY ?mmissl? Expires 1113012015 This co nn1unication is from a debt collector and is an attempt to collect a debt. Any inflOr nation obtained will be used for that purpose, E 9 BILL OF SALE HSBC CARD SERVICES. (111) INC. (Ma HOUSEHOLD CARD SERVICES NC.) ("Seller'), for value received and pursuant to the terms and conditions of the Receivables P4rchase Agreement ("Agm mcw-) dated April 1, 2007 between Seller and HSBC CARD SERVICES (M) INC. and Portfolio Recovery Associates, LLC, ("Purchaser'), does hereby sell, assign and convey to Purchase, its successor and assigns, all right, title and interest of Seller in and to those certain Purchased Receivables (m defined in the Agreement) listed on the attached Eatbibit? A (Salegj?), without recourse and without repmentr ion of, or wan=y of, collectibility, or otherwise, except to the extent provided for within the Agreemem EXECUTED this 29"' day of September, 2009. HSBC CARD SERVICES (III) INC. BYEY6. t -1 _, Name?? Title: Vice President-Asaistaut SIgMI rv SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?ry s rya cM ? 77 c: Portfolio Recovery Associates, LLC Case Number vs. Judith Ann Weaver 2012-3496 SHERIFF'S RETURN OF SERVICE 06/11/2012 05:10 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 11, 2012 at 1710 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Judith Ann Weaver, by making known unto herself personally, at 9 Hellam Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. UTS,DEPUTY SHERIFF COST: $38.00 June 12, 2012 c; c??,? nulte Shy SO ANSWERS, RON R ANDERSON, SHERIFF ~ ~~_~{~+G~FIC~ , ~'" ~~TyONUTAf~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW y,~~~ ~~~~ ~' ~ ~~: ~~ PORTFOLIO RECOVERY ASSOCIATES, LLC .:;';~~GEF1.. kD COUt3TY 12o Corporate Blvd `~~E~t~S LVAliIA Norfolk, VA 23502 Plaintiff . v. : JUDITH A WEAVER 9 HELLAM DR MECHANICSBURG PA 17055 Defendant Date: ~~~~ -~z No. 2012-3496 PRAECIPE FOR DEFAULT JUDGMENT Filed on ehalf of Plaintif Coun o record forth' Pa Robert N. Polas, Jr., Esquire # 201259 Carne A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T)1-866-428-8102 (F)(757)518-0860 Attorneys for Plaintiff This cc~mY~laurlic-atie~~~ is t~ron~ a debt collector is an atte~~~npt tc~ colleet a debt. Any infor~natit:an obtained. tviil be Wised tc>r that l~~~iposc. Q~a~g t~3s IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 Plaintiff No. 2012-3496 v. JUDITH A WEAVER 9 HELLAM DR MECHANICSBURG PA 17055 Defendant PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant, JUDITH A WEAVER ,for failure to answer the Complaint. (X) Amount Due $1,066.41 Less Credits $.00 TOTAL $1,066.41 (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (X) Pursuant to PA.R.C.P.237 (Notice for Final Judgment or Decree), I certify that a copy of this praecipe has been mailed to each other party who appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P.231.1, Icertify that a written notice of intention to file s raecipe was mailed or delivered to the party against whom judg is to be entered a to is/her Attorney of record, if any, after the default occurred and at le t to days prior to the ate f the filing of this praecipe and a copy of the notice is attached. Date: ~,~ Robert N. Polas, Jr., Esquire # 201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff This colx~~t~1Et11icatioll is lc~t~7 ~t debt colleca:or is Etzl attcl~~pt to collect a clcbl.. A~~y il~lorlnation cablair~ed ~~<ill be used f'or 11~t4it l~r~~-l~t>se. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 No. 2012-3496 v. JUDITH A WEAVER : 9 HELLAM DR MECHANICSBURG PA 17055 Defendant NOTICE OF JUDGMENT (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $1,066.41, plus interest, on . (X) A copy of all documents filed with the Prothonotary in support of th in ju m t i e attached By. _ '~ If you have any questions regarding this Notice, please co ct t filing party. ) V Date: ~ Robert N. Polas, Jr., Esquire # 201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff This corril~~unication is from a debt co}lector is an ~~ttempt to collect a ~lebt~ ~,tly infortnatic:~n t:>btained tikil} be ~ISed for that pc~t~}~ose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 No. 2012-3496 Plaintiff v. JUDITH A WEAVER 9 HELLAM DR MECHANICSBURG PA 17055 Defendant AFFIRMATION OF NON-MILITARY SERVICE The undersigned counsel, as attorney for plaintiff, herein affirms under the penalties of perjury that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief, the above named Defendant, is over 21 years of age; is last known to reside at 9 HELLAM DR MECHANICSBURG PA 17055 and is not in the military service of the United States or its Allies, or otherwise within the p~,yisions of the Service Members Civil Relief Act and its Amendments. ~ J Date: Robert N. Polas, Jr., Esquire, #201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 11-72971 This ct~~nrx~~ixxicati~~n ~is ~~ debt collector arid. is ~xn atterzx~pt tc~ collect a debt, .An}~ in.l`ornlatiorr abt~~inecl ~~ ill be used 1'c~r tlxai purpc:~s~;. RBSUYS as tlf : 3iA 1 }2012 02:b8:tT Department of Defense Manpower Data Center SCRA:.~ 2 Statt>LS Report )~1]rt~l9lit tO ~CrV1GGt21Cffi ~t\+71 RCIiBf AGt Last Name: WEAVER First Name: JUDITH A Active Duty Status As Of: Jul-13-2012 w.+..OUry sa+t oaf. Ar#w o-lyt w nav str,. y. «e ~«npnnw -----1_ - - - ---- - - ----- - --- -_ __. - U^. A. 0.ry C>n Agne Gwr G/~r ~b4. ...~.m.~ ~ ~ ~ ....m..A............_.,.._.. ~ . ~_._.......... ~ NA __...~~ ............... mar.ava~a...+i.~, s~ ura~wada~ a~w. eutyafaaia erwa oa u,. iudn. nW su~ea. ~V ~M Mb.e [ws. ~Yaan lE] O~rys r A.Yw Ph ~bar1 Llcr _ ~.. -,T.~ .... _.. __ _.. -_-....._ __.r __. __.. M>M :>ury 3rr 0.1a ~ 1+.6~+ nwy Eno oa4 94aua 3ar ppr'M - -----~-.~~- 1.. _ ~- __ ____~~. __ ~_ __~_ __~.._ __ ~_ ._ -._ _ _ ._._. ____. ~ ~. i Ntl NA 71tu resparise ranxa vAUaa 1M b+mviAefi Mf acme ~3Y status whir 387 Gys Wa~^9 tl1a ncf6a Piet aeafw ame 11r 41artbu oeY021ar VMwu~iK.edaFm.. C~6LpbMwaa~en AeMQT, 3,,.. Wb.. .. Qdar lblac.atba lOul Wia ~ Order NOOfkat r..i Ow Staaw Swske cµrprww tL1 1iA Ab NA TMa reapaue ra8ac14 tlnall3M Vw ir~vMUai w tyWha uMl hn rer:aivud early ra88capon ro 1BpOrl hrc actlva ~ty Upon searching the Baia banks of the Department or De{ense Manpower Oats Center, based on the klfotmatkm that you provided, the above is the status of the in0ivkluai an the active duty status date as to alt branches of the Urdlormad Services (Army, Navy, Marina Crops. Air Force, Nt7AA, Pubkc Health, and Coast t3uardj. This status includes irdormafion on a Servicemember pr hislher unit receWirtg n~fica[ion at future Orders to report for Active Duty. w+ ~~'~ Mary M. Snav~y-Dixon, DireGOr Department of Defense -Manpower Data Center 4800 Mark Center DrWe, Suite 04E28 flrV~22350 This cotnmu~t~ication ~is a debt cc~lleetor a~~d is an attempt to cglleut s~ <leL,t- Vin}, infc~latiat~ ~al~ta.ineci ~,~-i1. lie used f(jr t1.7ai ptfxp(}se;. Tl1is co~nr~~l~n~ication is a debt collector a~sld is x~~x atterrrpt tt~ collect a debt .any infornlatiaz~ obta.i.necl ~~-il.l be used fc}r tl.~at pur~s}se. PORTFOLIO RECOVERY ASSOCIATES, LLC Litigation Department 120 Corporate Blvd Norfolk, VA 23502 Telephone: 1-866-428-8102 Fax: (757) 518-0860 Hours of Operation: Monday through Thursday 8 AM to 11 PM, Friday 8 AM to 9 PM, Saturday 8 AM to 5 PM, Sunday 12 PM to 11 PM (EST} July 13, 2012 JUDITH A WEAVER 9 HELLAM DR MECHANICSBURG PA 17055 11-72971 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. JUDITH A WEAVER 2012-3496 Dear JUDITH A WEAVER: Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsy Rules of Civil Procedure. Sincerely, Robert N. Polas, Jr., Esquire Carrie A. Brown, Esquire Attorney ID# 201259/94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA Attorneys for Plaintiff "~l~is cox~t~r~unication is frorzi a debt collector is ~jn atteanl~t to collect ~ <:lel~i. ,~.t~y ix~loz:n~atio~~ ol~tain.ecl will. lie used for tl~:~t pu~-po~e. 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. 2012-3496 v. JUDITH A WEAVER 9 HELLAM DR MECHANICSBURG PA 17055 Defendant TO: JUDITH A WEAVER 9 HELLAM DR MECHANICSBURG PA 17055 DATE OF NOTICE: July 13, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY C OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. lF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIItE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH 1FORMATION 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) 6920-7`~375~ ~ x,~_. Robert N. Polas, Jr., Esquire Carrie A. Brown, Esquire Attorney ID # 201259/94055 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff -I lus ~;ommzznicaticzz is fraztz a debt ~ollect<:~r is azz_ attempt to ~;olteet a debt. <'~ny izzforzzzation {zbtained t~~ill be usez~l ti7z~ that purpcz4e.