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Home My WebLink About12-4080Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC L.-(; 140 Corporate Blvd. T C PROTHONOTARY Norfolk, VA 23502 TELE: 1-866-428-8102 2012 JU4 29 AM 10: 32 FAX: 757-518-0860 Attorneys for Plaintiff Q RLANO COUNTY FENN5YLVANIA 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. 1 r V. MAE C RYAN 1210 MUSKET LN MECHANICSBURG PA 17050 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 MAYBE 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. Qos?g 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. MAE C RYAN 1210 MUSKET 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 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 1NFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS ELGI13LE 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 111", col r)III Lualcaf:icrn is li;«ryi a debt collector and is ?111 <Itterupt to collect a dc'IIt. '4ny MIrnmtion obtaitied will lie; used firr that pur-pc?5t. 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. MAE C RYAN 1210 MUSKET 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 MAE C RYAN, is an adult individual with last known address of 1210 MUSKET LN, MECHANICSBURG PA 17050. It is averred that Defendant was indebted to HSBC BANK NEVADA N.A. / HOUSEHOLD on August 12, 2004 with account number ************9006 (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. co nimurilc atioii is from ;a € cbt collLctor awl is aji atte;rnpt to collect a iicbt. liiy Hil'onliation,. obtained will be wl'cd for that l)urpf?se. 6. Defendant was provided with copiers 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 19, 2010. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA N.A. / HOUSEHOLD 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 $2,895.59. 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, MAE C RYAN, in the amount of $2,895.59, 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 11-96604 l?ls conuunui,iicatloii is from a ,:lebt col lector and is MI attempt to Cool cil a JeN. :,\ny iilfon-ration obtained will be LiSed 10r 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 unworn falsification to authorities. Date : JUN 14 2012 11-96604 B(: Custodian of Recor s 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: ************9006 MAE C RYAN Account Holder: MAE C RYAN 1210 MUSKET LN MECHANICSBURG PA 17050 Consumer Account Product Code: MC Issuer: HSBC BANK NEVADA N.A. / HOUSEHOLD Assignee: Portfolio Recovery Associates, LLC Account Number: ************9006 Date Account Opened: August 12, 2004 Date of Last Payment: May 19, 2010 Date of Charge Off- December 31, 2010 Balance at Purchase: $2,895.59 Purchase Date: June 24, 2011 Balance at Charge-Off: $2,895.59 Less Payments: $.00 Balance Due: $2,895.59 11-96604 HSBL39 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. W: I, the undersigned, Mary L. Moore , Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: 1. 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. / HOUSEHOLD ("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 June 24, 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 MAE C RYAN ("Debtor") to the Account Seller the sum of $2,895.59 with the respect to account number (************9006), as of December 31, 2010 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 $2,895.59 as due and owing as of the date of this affidavit. Portf ho Recover Associates, LLC By: Muy L. re, Custodian of Records and sworn to before me on >JUN f1 4 2012 , 2012 ivVl/ - Jason Vita y Public Commonwealth of Virginia ` Notary Public Commission No. 7509710 604 My Commission Expires 1/31/2015 1 I11?; <;orntnrttUc;Itloll Is i•ont a debt collector and l> an attempt to collco a ( .iebt, r?? IIIIOrrt."ttjon obtatried ?vi61 be used l?or that J)Urpwle: 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 Polio Recovery Associates, LLC, (hereinafter called "Purchaser"), upon the tens and conditions set forth in that Agreement. NOW THEREFORE, for good and valuable consideration, Seller hereby sells, asses, and transfers to Purchaser, its successors and assigns, all of Se is 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 30th day of June 2011. HSBC Bank Nevada, N.A. HSBC B SA, N.A. Signed By: By: David Nauman Title: Vice President NSOL39 I of P 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 May 16, 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 30th day of June 2011. HSBC Receivables Acquisition Company I, HSBC Receivables Acquisition Corporation (USA) III, and HSBC Receivables Acquisition Corporati USA) IV Signed By: -. By: David Nauman Title: Vice President 14S Bt39 2 ff 2 HOUSEHOLD BANK MASTERC.ARD \IAE C RYAN Household Bank MasterC%AA&6Wiig.%M;ment Accotmt Number006 Page 1 of 2 From November 8. 2010 to December 9 2010 Previous Balance $2,822,79 Payments - $0.00 Other Credits $0,00 Purchases/Debits + $0.00 Balance Tiansfers + $0.00 Cash Advances + $0.00 Past Due Amount $614.00 Fees Charged * $0.00 Interest Charaed * 879 An Credit Limit $2.300,00 Credit Available $0,00 Cash Limit t $2,300.00 Cash Available $0,00 Statement Closing Date December 9, 2010 Days in Billing Cycle 31 tCash Limit is a portion of Total Credit Limit. New Balance $2,895.59 Minummi Payment Due $719.00 Payment Due Date January 3, 2011 Late Payment Warning If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35.00 and your APRs may be increased to the Penalty APR of 29.99%. Minimum Payment Warning: If you make only the minimum 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 j 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 18 Years $7.696 --- Payment $123 3 Years $4.424 (Smings = 53.1721 If you would like information about credit counseling services call 1-866-569-2227. QuestIons7 24-Hour Automated Account hnfonnation 1-503-293-4037 Espanol 1-503-293-4834 Lost or Stolen Card 1-800-366-7817 Outside USA Collect 1-503-245-9280 TDD/Heering Impaired €-800-655-9392 Payment Address: HSBC Card Services, PO Box 1705 t. Baltimore. MD 21297-1051 Billing Inquiries: HSBC Card Services, PO Box 80084, Salinas. CA 93912-0084 Manage Your account online at www.householdbank.com Your account has been placed with a collection agency. Please contact them directly, or call us at 1-800-388-5333. 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 Fees Reference Number Amount Description of Interest Charge Amount INTEREST CHARGE ON CASH ADVANCES $000 INTEREST CHARGE ON PURCHASES 572.80 INTEREST CHARGE ON BALANCE $000 TRANSFERS Total Interest For This Period $72.80 Total fees charged in 2010 $214.00 Total interest charged in 2010 $626.78 Your Annual Percentage Rate (APR) is the animal interest rate on your account. DeWh uxi rerun bottom portico wah y-pemrent. 110¢46 5 t 08 0000000508 G Slrv11`08 D 1 25063 tmSI See reverse sine for important info metim _____________________________________________________________________________________________________________________________________. Account Number 006 New Balance $2,895.59 Minimum Payment Due $719.00 Payment Due Date 01/0312011 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 ensue timely delivery. 110 AMOUNT ENCLOSED #BWNHYTS #317013159007# HSBC CARD SERVICES MAE C RYAN PO BOX 17051 1210 MUSKET LN BALTIMORE MD 21297-1051 MECHANICSBURG PA 17050-2095 iuil111ditii111191uiII111111iiPI1?IIIluuiII111P11?64?i1 i l i i i l l h h II i Ihlhu ii mh I I i I di cos HOUSEHOLD BANK MASTERCARD M. AE C RYAN Household Bank MasterCard Account Statement Account Number 5407-9150-1315-9006 Page 2 of 2 From November 8 2010 to December 9 2010 Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge PURCHASES 10002 29.99% (v) $2,857.86 572.80 CASH ADVANCES 20002 29.99% (v) $0.00 5000 BALANCE: TRANSFER 29.99% (v) $0.00 $0.00 41111 v=Varkbie Rate Online Account Access lets you take control of your Account anytime, anywhere. Registration is easy, secure and waiting for you at go.householdbank.com. 110246 51 08 0000000508 0 StMr08 D 1 25063 HDS I ------------------------------------ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 'LED-- 7 } f 012 JUL 17 AM 9: 'WMBERLANU OFFICE FTt-- :.rERIFF PENNS 1 LMAINIA, ''.. Portfolio Recovery Associates, LLC vs. Mae Cha Ryan Case Numb, 2012-4080 SHERIFF'S RETURN OF SERVICE 07/09/2012 07:00 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 9 2012 at 1900 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mae Cha Ryan, by making known unto Jay Ryan, Son of Defendant at 1210 Musket 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. RYAN BURGETT, DE SHERIFF COST: $38.00 July 11, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF f ?i .i?pSut ^anff 7 G?Cfl hn;