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HomeMy WebLinkAbout12-3447Robert 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 T ?. FAX: 757-518-0860 71 -1 Attorneys for Plaintiff - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT'f *A CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. "3LJ L -) CA, V l No orfolk, VA 23502 No. Plaintiff V. STEPHEN NOLL 933 HUMMEL AVE LEMOYNE PA 17043 Defendant NOTICE 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. auk % 10?.75? c?a N.l C? I Flo S t .N 09 70o ??a- 75C) 108 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. STEPHEN NOLL 933 HUMMEL AVE LEMOYNE PA 17043 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 I'liis communication is from a debt collector and is an at:terri zt to collect a debt. :'any infon-nation 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: 1-866428-8102 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. STEPHEN NOLL 933 HUMMEL AVE LEMOYNE PA 17043 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. Defendant STEPHEN NOLL, is an adult individual with last known address of 933 HUMMEL AVE, LEMOYNE PA 17043. It is averred that Defendant was indebted to HSBC BANK NEVADA N.A. / METRIS on September 15, 2005 with account number ************4853 (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. This communication is from a debt collector and is an attempt: to collect a debt. ,-any inl=onnation obtained will be 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. 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 August 5, 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 $1,188.60. 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, STEPHEN NOLL, in the amount of $1,188.60, 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 11-77707 Th?iS c0111munication is from a debt collector and is aii attempt to collect a debt. ATiv infonTiation obtained will be used for that 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 unswom falsification to authorities. Date : APR 2 0 2012 11-77707 B• oore MaWL 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: ************4853 STEPHEN NOLL Account Holder: STEPHEN NOLL 933 HUMMEL AVE LEMOYNE PA 17043 Consumer Account Product Code: MC Issuer: HSBC BANK NEVADA N.A. / METRIS Assignee: Portfolio Recovery Associates, LLC Account Number: ************4853 Date Account Opened: September 15, 2005 Date of Last Payment: August 5, 2010 Date of Charge Off: March 31, 2011 Balance at Purchase: $1,188.60 Purchase Date: September 27, 2011 Balance at Charge-Off: $1,188.60 Less Payments: $.00 Balance Due: $1,188.60 11-77707 HSBM38 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. / 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 September 27, 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 STEPHEN NOLL ("Debtor") to the Account Seller the sum of $1,188.60 with the respect to account number (************4853), as of March 31, 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 $1,188.60 as due and owing as of the date of this affidavit. 0 olio Recovery A fates, LLC By: , Custodian of Records APP 2 0 20V Sub crib s m to before me on of , 2012 Notary Public Ayiesha N. King 11-77707 monwealth of Virginia Notary Public • Commission No. 7509711 My Commission Expires 05113112015 This communication is froin a debt collector and is an attempt to collect a debt. Any i«fbrnlation obtained will be used fcir that purpose. 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 thereinto 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 27thday of September, 2011. HSBC Bank Nevada, N.A. Signed By: By: Stua Austin Title: Assistant Vice President HSBC Bank USA, N.A. Signed By: By: Stuart Austin Title: Vice President R584f 38 / of 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 the sale of Receivables 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 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 27thday of September, 2011. HSBC Receivables Acquisition Company I, HSBC Receivables Acquisition Corporation (USA) III, and HSBC Receivables Acquisition Corporation (USA) IV Signed By: By: Stuart Austin Title: Assistant Vice President 14S eMsa z . ? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff es ri s . Jody S Smith Chief Deputy Richard W Stewart Solicitor C`U, iuEFS"L 'tiliJ GOHi t `t PENN YLVANIA Portfolio Recovery Associates, LLC VS. Case Number Stephen Noll 2012-3447 SHERIFF'S RETURN OF SERVICE 06/04/2012 08:10 PM - Ryan Burgett, Deputy Sheriff, who being duly swom according to law, states that on June 4, 2012 at 2010 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Stephen Noll, by making known unto himself personally, at 933 Hummed Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, CEPW4N SHERIFF COST: $44.00 June 06, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. Portfolio Recovery Associates ' N MIM VS =M C_ C r-• Stephen V. Noll = < Response to Complaint: Docket #12-3447 xC:? -a 3 C -n C=, 2g C t r'?'' N Dear sir or Mam, My name is Stephen v. Noll. I am writing this letter in reference to Docket #123447. 1 do not deny t at this debt is owed by me. I was hospitalized in February, 2010 for a major surgery that went wrong and contracted MRSA while in the hospital. I underwent two additional surgeries and was not able to return to work until January, 2011. My family of 6 was without any income for 5 months during that ti e frame. My wife had also lost her full time job 2 weeks prior to the first surgery. I was the sole support r for my family and did the best that I could to keep a roof over their heads. We almost lost our home o foreclosure and had to rely on food banks and churches to feed my family during this ordeal. My wi e and I have been playing catch up trying to pay our mortgage, vehicles, utilities, food etc. I have been n contact with Portfolio a number of times over the past few weeks. The first representative that I spo e with told me not to worry about contacting the court, so I didn't at that time. She was wonderful on the phone and gave me a couple of options to try and resolve this debt. She asked me to talk it over with my wife and that she would call us back the following day. She never called. I called Portfolio back t e following day and asked the representative if she could contact the young lady that I spoke with t le previous day, she said she would e-mail her and have her get back to me. I never heard back from her I contacted Portfolio again and the representative told me that the options that the first rep. gave e were unacceptable and that I had only option to resolve the debt. The option that was presented to was almost $300.00 down and approximately $170.00 per month for 6 months. I explained to her that there was no way I could agree to these terms because it would be detrimental to my family and that I could not afford that amount. She told me that this was my only option. I just wanted you to know situation. Tha Yo Stephen V. No 21" 1? 07/11/2012 Carrie A. Brown, Esquire Robert 1V. 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 111 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff v. STEPHEN NOLL 933 HUMMEL AVE LEMOYNE PA 17043 No. 12-3447 CIVIL Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above -entitled case as discontinued without prejudice. lly Submitted, 11-77707 obert 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 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Came 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 v. STEPHEN NOLL 933 HUMMEL AVE LEMOYNE PA 17043 Defendant : No. 12-3447 CIVIL CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon STEPHEN NOLL, by First Class Mail, Postage Pre -Paid, a copy thereof on this A?day of , 2014, to: STEPHEN NOLL, 933 HUMME V , LEMOYNE PA 1 11-77707 obert 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 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.