Loading...
HomeMy WebLinkAbout12-4019Rbbert 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 I'd b i -T ROTH NOTARY r 2012 JUN 27 AM 11., 19 CL €RLAND G TV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 No. 1 O?, L(d ( Q U 1 l Plaintiff V. JEFFREY G DECOEN 410 E MAIN ST SHIREMANSTOWN PA 17011 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. CS), ?? 18?is?9 pa a„aas 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 F 'LED I FN - PROTHONOTARY %,12J!,W.27 AM 11:19 C Y 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. JEFFREY G DECOEN 410 E MAIN ST SHIREMANSTOWN PA 17011 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 This communication is frotn a debt collector and is an attempt to collect a debt. ,tint 1.t?formation 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. JEFFREY G DECOEN 410EMAIN ST SHIREMANSTOWN PA 17011 Defendant COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant JEFFREY G DECOEN, is an adult individual with last known address of 410 E MAIN ST, SHIREMANSTOWN PA 17011. 3. It is averred that Defendant was indebted to HSBC BANK NEVADA N.A. / HSBC on October 19, 2006 with account number ************7627 (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. This communication is frorn a debt collector and. is an attempt to collect a debt. And inforniati_on obtained will be used for thaf 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 May 25, 2011. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA N.A. / HSBC 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 $2,129.02. 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, JEFFREY G DECOEN, in the amount of $2,129.02, plus costs of this action and any other relief as the Court deems just and re son le. Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-65149 This corn.munication is fiorn a debt collector and is an attempt to collect a debt. .,knv information obtained will be 'used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Itina 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. JUN 12 2012 Date : _ By Ana Vellman- Custodian of Records 11-65149 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for ihat 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: ************7627 JEFFREY G DECOEN Account Holder: JEFFREY G DECOEN 410 E MAIN ST SHIREMANSTOWN PA 17011 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase Purchase Date: Product Code: MC HSBC BANK NEVADA N.A. / HSBC Portfolio Recovery Associates, LLC ************7627 October 19, 2006 May 25, 2011 September 30, 2010 $2,229.02 April 25, 2011 Balance at Purchase: $2,229.02 Less Payments: $100.00 Balance Due: $2,129.02 11-65149 HSBK92 Thi$ 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. Itina 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 HSBC BANK NEVADA N.A. / HSBC ("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 April 25, 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 JEFFREY G DECOEN ("Debtor") to the Account Seller the sum of $2,229.02 with the respect to account number (************7627), as of April 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 $2,129.02 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC By: , Custodian of Records Subscribed and sworn to before me on of JUN 12 2012 , 2012 mlonne It E. UkBOY of\Arg Commonwealth of rolnla Public Ci? - QZ, E4g) Commission No. 7572855 Notary Public My Commission Expires 1213112015 11-65149 'Fliis corninunication is from a debt collector and is an attempt to collect a debt. Any information obtained will he used for fiat purpose. HSBC ID K,11111 Q PLATiNi?MMASTERC.4RD Platinum M-"-' ? nt Account Number 6 Page 1 of 2 From August 13, -1010 m e 01027 Payments - $0.00 Otter Credits - $0.00 Purchases/Debits + 50.00 Balance Transfers + $0.00 Cash Advances + $0,00 Past Due Amount $744.00 Fees Charged + $25,00 Interest Charged + Sfia.5a Credit Limit Credit Available Statement Closing Date Days in Billing Cycle $1,805.00 $0.00 September 13, 2010 31 Minimum Payment Due $858,00 Payment Due Date October 8, 2010 Late Payment Waning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee from $19.00 to 539.00 and your APRs may be increased to the Penalty APR of 31.99%. Minimum Payment Warning: If you orate only the nimunu n payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional You will pay off the ! And you will end up paying charges using this card balance shown on an estimated total of... and each month you this statement in pay... about... Only the minimum 15 Years $5,952 Payment SI06 3 Years $3,808 ISmdregs - 52,144) If you would like information about credit counseling services call .1-866-569-2227. Questions? Payment Address: HSBC Carl Services, PO Box 17332, Baltimore. MD 24-Hour Customer Service 1-888-385-8916 21297-1332 Lost or Stolen Card 1-888-292-3629 Biding Inquiries: HSBC Card Services, PO Box 80026, Salinas, CA Outside USA Collect I-716441-7141 93912 -0026 TDD/Hearing Impaired I-800-655-9392 Manage Your account online at www.hsbccrodttcard.com As a reminder, you may pay your credit card bill online or through our automated phone system for no fee. Trans Date Post Date Description of Transaction or Credit Trans Date Post Date Description of Fees 09/08/10 09/08/10 LATE CHARGE ASSESSMENT Total Fees For This Period Purchase Type Reference Number Amount Reference Number Amount 115550 $25.00 $25.00 Description of Interest Charge Amount INTEREST CHARGE ON CASH ADVANCES $0,00 INTEREST CHARGE ON PURCHASES $64.54 INTEREST CHARGE ON BALANCE $000 TRANSFERS Total Interest For This Period $64.54 Demob and rmun bonma pmbw with ymr p-iit 140;101 5 1 13 0000000400 O S3Mr69 D D 13300lDF01 Sell reverse side for inpOrtant ofOfr119am ________________________________________________________-____.____________._.._________-___________________________ HSBC m JEFFREY G DECOEN 410 E MAIN ST SHIREMANSTOWN PA 17011-6322 I?IIIII??IIIlllllll??IIIIIIIIIIIIIIII??III?I??'?'il?'ll'I'lllll?' ___________________. Account Number: 627 New Balance $2,429.02 Minimum Payment Due $858.00 Payment Due Date 10108/2010 Include account number on check to HSBC Card Services. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. 140 AMOUNT ENCLOSED HSBC CARD SERVICES PO BOX 17332 BALTIMORE MD 21297-1332 I?d??ti??ulll?utill?"III'?I'lllllll?u?lll?pglll?l?illlif I? 627 HSBC /D MraE PLATINLM NLASTERCARD Pla[inumMaslctC cut Account Number 627 Page 2 of 2 From August 13 2010 to Septen t 010 I Total fees charged in 2010 $259.00 Total interest charged in 2010 $360.54 Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge PURCHASES 10001 31.997. (v) $2.375.35 $64.54 CASH ADVANCES 20001 31.997. (v) $0.00 $0.00 BALANCE TRANSFER 31.997. (v) $0.00 $0.00 41111 -Variable Rate Register for Online Account Access to track and manage your spending, set up Email Alerts, monitor account activity, and update your personal information anytime. Get started: go.hsbccreditcard.com. 140201 5 1 13 0000000400 0 STMT69 D D 13300 lDF01 ASSIGNMENT AND BILL OF SALE HSBC Receivables Acquisition Company I, HSBC Receivables Acquisition Corporation (USA) III, and HSBC Receivables Acquisition Corporation (USA) IV (hereinafter collectively called "Seller") has entered into a Purchase and Sale Agreement as of February 7, 2011 ("Agreement") for the sale of Secondary 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 rights, title, and interest in each and every one of the Secondary 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 18th day of April 2011. HSBC Receivables Acquisition Company I, HSBC Receivables Acquisition Corporation (USA) III, and HSBC Receivables Acquisition Corporation (USA) IV Signed By, By: Paul StanborouQh Title: Senior Vice President ,? HSBK 92 ?f 5?3k9Z AFFIDAVIT OF BULK SALE OF ACCOUNTS STATE OF DELAWARE § COUNTY OF NEW CASTLE § On , Michael Poczynek stated: My name is Michael Poczynek. I am Assistant Vice President and Assistant Secretary, Administrative Services Division of HSBC Bank Nevada, N.A. and Vice President and Assistant Secretary, Administrative Services Division of HSBC Bank USA, N.A., HSBC Receivables Acquisition Company 1, HSBC Receivables Acquisition Corporation (USA) III, and HSBC Receivables Acquisition Corporation (USA) IV (collectively identified in this Affidavit as "HSBC'. As part of my regular job duties, I have access to and routinely review the account records of HSBC. I am authorized to make this Affidavit on behalf of HSBC. The facts stated in this Affidavit are within my personal knowledge and are true and correct. 2. On or about 04/18/2011, HSBC sold a pool of accounts (identified in this Affidavit as the "Sold Accounts") by a Purchase and Sale Agreement and a Bill of Sale to Portfolio Recovery Associates, LLC. (identified in this Affidavit as the "Debt Buyer"). As part of the sale of the Sold Accounts, records relating to individual Sold Accounts were transferred to the Debt Buyer. Because of the Sale of the Sold Accounts, HSBC acknowledges that Debt Buyer became the owner Sold Accounts on the date of sale. Michael Poczynek Signed and sworn to (or Affirmed) before me on f 13 / /I/ , by Michael Poczynek. (S gnature of Notarial Officer) v xm%1111111 .0 cp • EXPIRES Z : : SEPT. 26, 2018 ; OF E% - 5997820v.24 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S4rt??s zrf La,rr,,? L t4 )} Smith rya 1 a# f r) -b' a l; J} F 'I Chief Deputy Richard W Stewart " 2012 JUL 16 AN 8: 4 7 Solicitor coUtqTy PENNSYLVAN IA Portfolio Recovery Associates, LLC vs. Jeffrey G. Decoen Case Number 2012-4019 SHERIFF'S RETURN OF SERVICE 07/06/2012 08:45 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July , 2012 at 2045 hours, she served a true copy of the within Complaint and Notice, upon the within name defendant, to wit: Jeffrey G. Decoen, by making known unto himself personally, at 410 E. Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at the same time handing t him personally the said true and correct copy of the same. VALERIE WEARY, DEPUTY SHERIFF COST: $43.00 SO ANSWERS, July 09, 2012 4RONR ANDERSON, SHERIFF .=i Ccun?ySirae S`:er;p1 7Eaec9nfl. in;: curie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 'm f,;�_0 ° �{.. Portfolio Recovery Associates, LLC 1' - 'R��11fJh'69:.k5 120 Corporate Blvd Norfolk, VA 23502? Jt�� '7 Attorneys for Plaintiff ``r` Q RI 4y Cv�QC1Nru �Er�trs Y�VAPd►,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. 12-4019 CIVIL v. JEFFREY G DECOEN 410 E MAIN ST SHIREMANSTOWN PA 17011 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Res f ly 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 11-65149 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. 12-4019 CIVIL v. • • JEFFREY G DECOEN • 410E MAIN ST • SHIREMANSTOWN PA 17011 • Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon JEFFREY G DECOEN, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of , 20-), to: JEFFREY G DECOEN, 410 E MAIN ST, SHIREMANSTO / °A 17011 11-65149 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 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.