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HomeMy WebLinkAbout12-4324Robert 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 41c PRD Hit NOTARY 101? JUL 12 AM 10: 54 Vt?gNSYLVANiA- . 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. JOSEPH L HITCHINGS 2413 COPE DR MECHANICSBURG PA 17055 Defendant NOTICE No. l Oq- LlJo' t i ud 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 WI 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. S phrl- 13.'2S? aly Q,k # I S7'! ? ? &90 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 Attornevs 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. JOSEPH L HITCHINGS 2413 COPE DR MECHANICSBURG PA 17055 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda pues en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demau y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando 1 escrito con la Corte sus defensas o obejciones a las demandas puestas en esate contra usted. usted es adverti que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted I la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo o ali, solicitado por Demandante. usted puede perder dinero o propiedad o otros derechos importante para ust USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFIC PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEE. INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSON. 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 t'lils communicatiori is from a cleft collector and is ?m atternol to collect a debt, frv in_fonnation. 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. JOSEPH L HITCHINGS 2413 COPE 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 JOSEPH L HITCHINGS, is an adult individual with last known address of 2413 DR, MECHANICSBURG PA 17055. It is averred that Defendant was indebted to CHASE BANK USA N.A. / DISNEY on July 6, with account number ************4676 (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 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 COIII zatatricatiorl is From a debt collector and is aii attempt to collect a debt. Any in.16ri-nation obtained will be used for that, pUrposc. 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 Account. The last payment made on this Account was on December 30, 2009. Plaintiff is the purchaser, assignee and/or successor in interest CHASE BANK USA N.A. / DISNEY and Plaintiff is now the holder of the Account. A true and correct copy of the affidavit i 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 $10,048.66. 10. Despite reasonable and repeated demands for payment. Defendant has refused and continues to to pay all sums due and owing on the aforementioned Account, all to the damage and detriment of 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 Plaint; i and against Defendant, JOSEPH L HITCHINGS, in the amount of $10,048.66, plus costs of this action any other relief as the Court deems just and reasonable. Robert N. Polas Jr., Esquire 201259 Carrie A. Brown, Esquire # 94055 12-15432 111is cell-1nlLtrlication is froti-1 a debt collector and is ati attempt to collect it debt. Any inl6rt-nation obtM.11Cd Will he Uscrl ibl- that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Larry E. Whitaker 'r hereby states that he/she is authorized to take this verification on behalf of Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true correct to the best of his/her knowledge, information, and belief, based upon information provided by 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 : JUN 2 9 g12 By: of Records 12-15432 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: 1-866x428-8102 Fax: 1-7571-518-0860 Statement of Account Account: ************4676 JOSEPH L HITCHINGS Account Holder: JOSEPH L HITCHINGS 2413 COPE DR MECHANICSBURG PA 17055 Consumer Account Product Code: VISA Issuer: CHASE BANK USA N.A. / DISNEY Assignee: Portfolio Recovery Associates, LLC Account Number: ************4676 Date Account Opened: July 6, 2004 Date of Last Payment: December 30, 2009 Date of Charge Off: August 31, 2010 Balance at Purchase: $10,048.66 Purchase Date: February 16, 2011 Balance at Charge-Off: $10,048.66 Less Payments: $.00 Balance Due: $10,048.66 12-15432 CHSK36 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. Larry E. Whitaker I, the undersigned, , Custodian of Records, for Portfolio Recovery Associates, LLC 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 do' g business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the poli ies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This of tdavit is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Ass gnee's records, including a review of the business records transferred to Account Assignee from CHASE BANK USA .A. / DISNEY ("Account Seller"), which have become a part of and have integrated into Account Assignee's busines records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, d 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 February 16, 2011. Further, the Account As ignee 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 furthe 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 th ordinary course of business by the Account Assignee, there was due and payable from JOSEPH L HITCHINGS ("Debtor') to the Account Seller the sum of $10,048.66 with the respect to account number (************4676), as of August 31, 2010 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date oft a sale. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or set ffs occurring subsequent to the date of sale, Account Assignee claims the sum of $10,048.66 as due and owing as o the date of this affidavit. Portfolio By: l? marry r,. w niiai `Tustodian of Records JUN 2 9 2012 and sworn to before me on of , 2012 Jason Vita 1W Commonwealth of Virginia No tic Notary Public Commission No. 7509710 12-1 2 My Bemmissien Expires 1/3112015 This cotnmUllication is from a debt collector and. is an attempt to collect a dent. Any int,orination obtained will be used for that purpose. CHASE BILL OF SALE Chase Bank USA, N.A. ("Seller"), for value received and pursuant to the terms and conditions of Credit Card Account Purchase Agreement dated December 10, 2010 between Seller and Portfolio Recovery Associates, LLC ("Purchaser'), its successors and assigns ("Credit Card Account Purchase Agreement"), hereby assigns effective as of the File Creation Date of February 11, 2011 all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described in Exhibit 1 attached hereto and made part hereof for all purposes. Amounts due to Seller by Purchaser in hereunder shall be paid U.S. Dollars by a wire transfer to be received by Seller no later than February 16, 2011 by 2:00 p.m. Seller's time, as follows: Chase Bank. USA, N.A. Beneficiarv Name: Chase dank USA, N.A. This Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase Agreement to which this is an Exhibit. No other representation of or warranty of title or enforceability is expressed or implied. Chase Bank USA, N.A. By: --- Date: February 11. 2011 Title Authorized Signatory Portfolio By: L.L.C Date: Title 14 (` 4.4% LO% SHERIF'F'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED 011 Sheriff Jody $ mi stly?tr of ?up??pr? Vii" ?Hv PROTH???? ?. Chief Depuh G, 2012 JUL 30 AM 9: 02 AN iTl Richard W Stewart CA Solicitor` SUM D OFF" OF THE 8l+ERIFF T? ??? Portfolio Recovery Associates, LLC VS. Joseph L. Hitchings Case Numb 2012-4324 SHERIFF'S RETURN OF SERVICE 07/18/2012 06:19 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, 2012 at 1819 hours, he served a true copy of the within Complaint and Notice, upon the e Within named defendent, to wit: Joseph L. Hitchings, by making known unto himself personally, at 2413 Cope Drive, Mechanicsburg, Cumberland County, Pennsylvania 17456 its contents and at the same tine handing 1 him personally the said true and correct copy of the same, SHERIFF COST: $38.00 July 23, 2012 SO ANSWERS, RON ` R ANDS (C) CountySuite Shenff. Teleosoft. Inc. PORTFOLIO RECOVERY ASSOCIATES, LLC V. JOSEPH L. HITCHINGS Defendant To: Portfolio Recovery Associates, LLC C/o: Robert N. Polas Jr., Esquire Portfolio Recovery Associates, LLC 140 Corporate Blvd . Norfolk, VA 23502 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO: 2012-4324 CIVIL TERM CIVIL ACTION -LAW NOTICE TO PLEAD .°~ .~ V N ~ ~{ "t'3 p N ~- "'t 7~"' ~~ r ~ w ~ ~-~. { ~ -o ~ ~~ ~G ~ ~ ~Ij~ ~ Q cA -' ~: -- You are hereby notified to file a written response to the enclosed New Matter within twenty(20) days from service hereof or a default judgment may be entered against you. Respectfully Submitted, HITCHINGS LAW OFFICE Date: ~r - /C " 1 ~ l gy; `_~ i °r Joseph L. Hitchin s, Esquire ~~ Supreme Court ID# 65551 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 Telephone: (717) 458-8123 Fax: (717)790-6019 PORTFOLIO RECOVERY IN THE COURT OF COMMON PLEAS, ASSOCIATES, LLC :CUMBERLAND COUNTY, PENNSYLVANIA V, NO: 2012-4324 CIVIL TERM JOSEPH I.. HITCHINGS :CIVIL ACTION -LAW Defendant ANSWER WITH NEW MATTER AND NOW, this ~r~ day of August 2012, comes the Defendant, Joseph L. Hitchings and Answers Plaintiff's Complaint with New Matter and avers in support thereof follows: 1. Defendant is without sufficient knowledge to admit or deny the averments of Paragraph 1, so the same are denied and strict proof thereof is demanded at time trial. 2. Admitted. 3. Denied. It is denied Defendant is indebted to Plaintiff for the amount reflected on Exhibit "A". By way of further answer, it is denied that Exhibit "A" is an account history as described paragraph 3 of the Complaint. 4. Admitted in part, denied in part. It is admitted Defendant used the account. The remaining averments of paragraph 4 are denied. 5. Admitted in part, denied in part. It is admitted Defendant used the account. The remaining averments of paragraph 5 are denied Denied. 6. Denied. Defendant does not believe that he was provided with copies of the Statements of Account showing all debits and credits, so the averments of this paragraph are denied, and strict proof thereof is demanded at time of trial. 7. The averments of paragraph 7 constitute coclusions of law to which no responsive pleading is required. To the extent they are deemed factual in nature, the same are denied, and strict proof thereof is demanded at time of trial. 8. Defendant is without sufficient knowledge to admit or deny the averments of Paragraph 8, so the same are denied and strict proof thereof is demanded at time trial. 9. Denied. It is denied that Defendant owes the sum stated in paragraph 9. 10. Denied. See answer to paragraph 9 above. 1 1. Admitted. WHEREFORE, Defendant respectfully requests that the Court enter judgment in his favor and against the Plaintiff on its Complaint. NEW MATTER 12. Paragraph 1 through 11 hereof are incorporated by reference as if the same were fully set forth at length herein. 13. Plaintiff s claims are barred by the applicable Statute of Limitations. 14. Plaintiff s claims are barred by the Statute of Frauds. 15. Plaintiff's claims are barred by the Doctrine of Accord and Satisfaction. 16. Plaintiff has failed to attach any information or documentation showing that the account in question was specifically purchased by the Plaintiff. 17. Plaintiff lacks standing to bring this action. WHEREFORE, the Defendant, Joseph L. Hitchings, respectfully requests that the C enter judgment in his favor and against the Plaintiff on its Complaint. Respectfully Submitted, HITCHINGS LAW OFFICE 1 __ ,~ Date: ~• / ~ _ / ~ By: _!~~ '' Joseph L. Hitchings, Esq ire /frr, Supreme Court ID# 6555 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 Telephone: (717) 458-8123 Fax: (717)790-6019 VERIFICATION I, Joseph L. Hitchings, verify that the statements made in this Answer with New Matter, are true and correct to the best of my knowledge information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to uns falsification to authorities. `~-IG - i ~ Date n ~':Toseph L. Hitchings, lndant PORTFOLIO RECOVERY IN THE COURT OF COMMON PLEAS, ASSOCIATES, LLC :CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 2012-4324 CIVIL TERM JOSEPH L. HITCHINGS :CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I, Joseph L. Hitchings, Defendant, do hereby certify that I served a true and correct of the attached Answer with New Matter, by United States Mail, First Class, postage upon the counsel listed below: Robert N. Polas Jr., Esquire Portfolio Recovery Associates, LLC 140 Corporate Blvd Norfolk, VA 23502 Respectfully Submitted, HITCHINGS LAW OFFICE Date: ~,~ -/~' -/1. B ~~ ............. Y~ Joseph L. itchingsr,~~quire Supreme Court ID# 6~5~5'Sl 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 Telephone: (717) 458-8123 Fax: (717) 790-6019 c ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff VS. JOSEPH L HITCHINGS Defendant ' NO: 2012-4324 N CIVIL ACTION - cn ?? aT z c:) - c vC- C' REPLY TO NEW MATTER AND NOW, TO WIT, this ?'day of 2012, comes the Plaintiff, Portfolio Recovery Associates, LLC, by and through its attorneys, and files the following Reply to New Matter as a statement herein: 12. Paragraph 12 is an inclusion paragraph to which no response is necessary. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 13. Denied. The allegations contained in Paragraph 13 are a conclusion of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, the last payment date on this account occurred on December 30, 2009. This case has clearly been filed within the applicable statute of limitations. 14. Denied. The allegations contained in Paragraph 14 are a conclusion of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 15. Denied. The allegations contained in Paragraph 15 are a conclusion of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. f C ° ; 16. Denied. The allegations contained in Paragraph 16 are a conclusion of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 17. Denied. The allegations contained in Paragraph 17 are a conclusion of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter and enter judgment in favor of Plaintiff and against Defendant, along with the allowable costs of this action, and such further relief as the Court deems appropriate. Respectfully submitted, B. Carrie A. Brown PAID 94055 Portfolio Recovery Associates, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff NO: 2012-4324 VS. JOSEPH L HITCHINGS Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Reply to New Matter upon counsel for the Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on this?Aay oX?fZ, 2012: Joseph L Hitchings, Esq. Rossmoyne Business Center 5000 Ritter Rd, Suite 202 Mechanicsburg, PA 17055 By: Carrie A. Brown PA.ID 94055 Portfolio Recovery Associates, LLC 140 Corporate Drive Norfolk, Va 23502 1-888-772-7326 ext 18382 p IN THE COURT OF COMMON PLEAS OF �~ CUMBERLAND COUNTY, PENNSYLVANIA -<> N C) PORTFOLIO RECOVERY ASSOCIATES,LLC, f-= 4C) Plaintiff e NO: 2012-4324 �� z VS. CIVIL ACTION-�A En- -c JOSEPH L HITCHINGS Defendant REPLY TO NEW MATTER AND NOW, TO WIT,this day of , 2013, comes the Plaintiff, Portfolio Recovery Associates, LLC, by and through its attorneys, and files the following Reply to New Matter as a statement herein: 12. Paragraph 12 is an inclusion paragraph to which no response is necessary. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 13. Denied. The allegations contained in Paragraph 13 are a conclusion of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, the last payment date on this account occurred on December 30, 2009. This case has clearly been filed within the applicable statute of limitations. 14. Denied. The allegations contained in Paragraph 14 are a conclusion of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 15. Denied. The allegations contained in Paragraph 15 are a conclusion of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 16. Denied. The allegations contained in Paragraph 16 are a conclusion of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 17. Denied. The allegations contained in Paragraph 17 are a conclusion of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. WHEREFORE,Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter and enter judgment in favor of Plaintiff and against Defendant, along with the allowable costs of this action,and such further relief as the Court deems appropriate. Respectfully submitted, By: Carrie A. Brown PAID 94055 Robert N. Polas PAID 201259 Mark R. Garvey PAID 312686 Portfolio Recovery Associates, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff NO: 2012-4324 VS. CIVIL ACTION—LAW JOSEPH L HITCHINGS Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Reply to New Matter upon counsel for the Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on this'V`Jday of 2013: Joseph L Hitchings, Esq. Rossmoyne Business Center 5000 Ritter Rd, Suite 202 Mechanicsburg, PA 17055 By: Carrie A. Brown PAID 94055 Robert N. Polas PA.ID 201259 Mark R. Garvey PA.ID 312686 Portfolio Recovery Associates, LLC 120 Corporate Drive Norfolk, Va 23502 1-866-428-8102 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 No. 12-4324 CIVIL C) Plaintiff -� V. CIVIL ACTION - LAW z co JOSEPH L HITCHINGS 2413 COPE DR =C) c� r- MECHANICSBURG PA 17055 Defendant SUGGESTION OF BANKRUPTCY AND NOW, comes Plaintiff by and through its attorney, Carrie A. Brown, and would show the Court: 1. A petition has been filed for relief under Title 11, United States Code, in the United States Bankruptcy Court which bears the case number 1304108. 2. Relief was ordered on August 8, 2013. 3. This action is founded on a claim from which a discharge would be a release or that seeks to impose a charge on the property of the estate. 4. This is for infonnational purposes only, and does not constitute a Notice of Appearance by the undersigned. WHEREFORE, Plaintiff suggests that this action has been stayed by operation of 11 U.S.C. § 362. Respectfully itted, By: Robert N. as, Jr., Esquire # 201.259 Carrie A. Brown, Esquire, #94055 Mark R. Garvey, Esquire#312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 12-15432 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe was served this ay of August, 2013 by depositing same in the Post Office, first class mail, postage prepaid, addressed as follows: JOSEPH L HITCHINGS 2413 COPE DR MECHANICSBURG PA 1705 Robert N. Polas, Jr., Esquire# 201259 Carrie A. Brown, Esquire, #94055 Mark R. Garvey, Esquire #312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 12-15432 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. MAKE ALL CHECKS PAYABLE TO:Portfolio Recovery Associates,LLC SEND ALL PAYMENTS TO: Portfolio Recovery Associates,LLC,P.O.Box 12914,Norfolk,VA 23541 COMPANY ADDRESS:Portfolio Recovery Associates,LLC, 120 Corporate Blvd,Norfolk,VA 23502 DISPUTES CORRESPONDENCE ADDRESS: PRA Disputes Department, 140 Corporate Boulevard,Norfolk,VA 23502 DISPUTES DEPARTMENT E-MAIL ADDRESS: PRA—Disputes@portfolio.recovery.com DEBIT CARD TRANSACTION FEES: Third party vendors may charge a transaction fee for processing payments made by debit card;however,PRA does not charge or accept any fees. Please discuss this option with our staff if you have any questions. QUALITY SERVICE SPECIALISTS AVAILABLE Mon.—Fri.8 AM to 5 PM(EST) Not happy with the way you were treated?Our company strives to provide professional and courteous service to all our customers. Contact one of our staff to discuss issues related to our quality of service to you by phone at(866)925-7109 or by e-mail at qualityservice@portfoliorecovery.com PRIVACY NOTICE: We collect certain personal information about you from the following sources: (a)information we received from you;(b)information about your transactions with our affiliates,others,or us;(c)information we receive from consumer reporting agencies. We do not disclose any nonpublic personal information about our customers or former customers to anyone,except as permitted by law. We restrict access to nonpublic information about you to those employees and entities that need to know that information in order to collect your account. We maintain physical,electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. NOTICE: We are required under state law to notify consumers of the following rights. This list does not include a complete list of rights consumers have under state and federal laws: CALIFORNIA: The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that,except under unusual circumstances,collectors may not contact you before 8 a.m.or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part,collectors may not tell another person,other than your attorney or spouse,about your debt. Collectors may contact another person to confirm your location or enforce ajudgment. For more information about debt collection activities,you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov, Nonprofit credit counseling services may be available in the area. COLORADO: Office located at 4600 South Syracuse Street,Suite 938,Denver,CO 80237.Telephone 1-866-508-4751.FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.COLORADOATTORNEYGENERAL.GOV/CA.A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt. MAINE: Telephone number at licensed location is(800)772-1413. Hours of operation at licensed location are 7:30 AM to I I PM EST Monday through Friday,8 AM to 5 PM EST Saturday,and 2 PM to 9 PM EST Sunday. MASSACHUSETTS: Office located at 49 Winter St.,Weymouth,MA 02188. Telephone(800)772-1413. Hours of operation are 9 AM to 6 PM EST Monday through Thursday.NOTICE OF IMPORTANT RIGHTS: YOU HAVE THE RIGHT TO MAKE A WRITTEN OR ORAL REQUEST THAT TELEPHONE CALLS REGARDING YOUR DEBT NOT BE MADE TO YOU AT YOUR PLACE OF EMPLOYMENT. ANY SUCH ORAL,REQUEST WILL BE VALID FOR ONLY TEN DAYS UNLESS YOU PROVIDE WRITTEN CONFIRMATION OF THE REQUEST POSTMARKED OR DELIVERED WITHIN SEVEN DAYS OF SUCH REQUEST. YOU MAY TERMINATE THIS REQUEST BY WRITING TO THE DEBT COLLECTOR. NEW YORK CITY: City of New York License Numbers 1096994, 1394695, 1394697, 1394696, 1394698, 1394700, 1394699, 1394694. NORTH CAROLINA: Collection Agency Permit No.4132. TENNESSEE: This collection agency is licensed by the Tennessee Collection Service Board of the Department of Commerce and Insurance.(#00000770) 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 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) August 15, 2013 COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary Office 1 COURTHOUSE SQ 3RD FLR CARLISLE PA 17013 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC v. JOSEPH L HITCHINGS Case No.: 12-4324 CIVIL PRA Account/Reference Number: 12-15432 Dear Clerk: Enclosed please find the Suggestions of Bankruptcy in reference to the above case to be filed in your Court. A copy of the same has been mailed to the Defendant as required. Sincerely, Carrie A. Brown Attorney at Law cc: JOSEPH L HITCHINGS 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 ti Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID#94055/201259/312686 Portfolio Recovery Associates, LLC t= � r F l ,,�. 120 Corporate Blvd NO TAt Norfolk, VA 23502 C I1#JA r Attorneys for Plaintiff :;Irpt�qt? _2 10: 35 PENNS r'{t ,„ N T y IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO-MIT,PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff No. 12-4324 CIVIL v. JOSEPH L HITCHINGS 2413 COPE DR MECHANICSBURG PA 17055 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Res• -ct y ubmitted, '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 12-15432 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. Po las 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. 12-4324 CIVIL v. • JOSEPH L HITCHINGS • 2413 COPE DR MECHANICSBURG PA 17055 • Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon I SEPH L HITCHINGS,by First Class Mail, Postage Pre-Paid, a copy thereof on this Ci_J)day of 0' 20jto: JOSEPH L HITCHINGS, 2413 COPE DR, MECHANICSB : 'A 17055 I/Ai 12-15432 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.