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Home My WebLink About12-4677Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LI_C 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 V. JOSEPH L HITCHINGS 2413 COPE DR MECHANICSBURG PA 17055 Defendant NOTICE r, No -7 c r > --A 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 14 3 , 7 ?4' 6766> R,dt ?78Y$`l This communication is from a debt collector and is an attempt to collect a debt. Any information 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. 11. 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 puestas en las siguientes paginas, usted tienen que tomar action 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 ] i1s 4:c>mmunication is t?rom a debt collector a?xl is all attelrrpt to C()llect a oleb . .'kriy m?Eomiation obtained will be used (i?r that purpose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LI.C 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. Defendant JOSEPH L HITCHINGS, is an adult individual with last known address of 2413 COPE DR, MECHANICSBUR.G PA 17055. It is averred that Defendant was indebted to CHASE BANK USA N.A. / HERITAGE BANK ONE on August 1, 1995 with account number ************4007 (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. T"his :011111)Hrric rtfon is from a debt collector and is ai) attempt to collect i (lebt. yny irrfi>nrration f.biained ? ill be used for drat hL1rl10Se. 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. 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 24, 2010. Plaintiff is the purchaser, assignee and/or successor in interest CHASE BANK USA N.A. / HERITAGE BANK ONE 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 $29,313.62. 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, JOSEPH L HITCHINGS, in the Wount of $2 any other relief as the Court deems just and f this action and Robert N. Polas Jr., Esquire # 201259 -? Carrie A. Brown, Esquire # 94055 12-18921 l"S C0111111 till is from a debt collector and is an attempt to collect a debt. An ini 1-1-nafiort obtained will be used ['of, dint purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Larry E. Whitaker 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 Date :JUN 292012, _ 12-18921 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: ************4007 JOSEPH L HITCHINGS Account Holder: JOSEPH L HITCHINGS 2413 COPE DR MECHANICSBURG PA 17055 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase: Purchase Date: Product Code: VISA CHASE BANK USA N.A. / HERITAGE BANK ONE Portfolio Recovery Associates, LLC ************4007 August 1, 1995 May 24, 2010 April 30, 2009 $29,313.62 June 28, 2011 Balance at Purchase: $29,313.62 Less Payments: $.00 Balance Due: $29,313.62 12-18921 CHSL53 THIS COMMUNICATION IS FROM A DEBT 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, Larry E. Whitaker , Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia, and I am authorized to make the statements, representations and averments herein, and do so based upon personal knowledge and a review of the business records of the Account Assignee and those account records transferred to Account Assignee from CHASE BANK USA N.A. / HERITAGE BANK ONE ("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 28, 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 JOSEPH L HITCHINGS ("Debtor") to the Account Seller the sum of $29,313.62 with the respect to account number (************4007), as of June 28, 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 $29,313.62 as due and owing as of the date of this affidavit. Portfolio By: Wfta4 stodian of Records Ind sw,drn to before me on JUN (f 2 O 1 2012 12-18921 Jason We inia pommonweplth Olic Notary Commission No.. 503710 My Commission ExOr8s P ?l?s cc?? ?i?r sort. tL :! ii'= in a dcht collector and is an allempt to collect a &b[. r??r ;.1Corrratic,,? ?? ,? ,sill 1>e used tt)rthat purpose. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~ ~' ~~ ~~ PR t~'~ h'~ l~ ~"f~. ~'f ~~tiia~r ~t ~ruu~,,~~{~~ ~~~~' Atli 2 ~ ~M ~~~ 14 Portfolio Recovery Associates, LLC vs. Joseph L. Hitchings Case Number 2012-4677 SHERIFF'S RETURN OF SERVICE 08/17!2012 05:34 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on August 17, 2012 at 1734 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joseph L. Hitchings, by making known unto himself personally, at 241 Cope Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same t handing to him personally the said true and correct copy of the same. AMANDA COBAUGH, DE SHERIFF COST: $38.00 August 20, 2012 SO ANSWERS, ,//~~,JJ~~ RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 No. 2012 4677 Plaintiff rn rn r rti V. CIVIL ACTION - LAW N Cl .cz' CD JOSEPH L HITCHINGS 2413 COPE DR z 3 MECHANICSBURG PA 17055 T' 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 informational 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 mitted, By: 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 12-18921 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 thi ay of August, 2013 by depositing same in the Post Office, first class mail, postage prepaid, a dressed as follows: JOSEPH L. HITCHINGS, ESQ. 5000 RITTER ROAD, STE 200 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 12-18921 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 DISPUTIN DEPARTMENT E-MAIL ADDRESS: PRA—Disputes@portfoliorecovei-y.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 a judgment. 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. Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID#94055/201259/312686 r+ 4 -4 C,-;w Portfolio Recovery Associates, LLC ' j'E z' rt O T'HObi O TAf fi 120 Corporate Blvd 2014 JAN —2 Arl o Norfolk, VA 23502 Attorneys for Plaintiff CUMBERLAND coutsrry PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION- LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff No. 2012 4677 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 wi hout prejudice. Re .ec0■1 1 Submitted, 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 12-18921 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 RobertN. 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. 2012 4677 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 upo JOSEPH L HITCHINGS, ESQ.,by First Class Mail, Postage Pre-Paid, a copy thereof on this D____day of li" 29go: JOSEPH L. HITCHINGS, ESQ., 5000 RITTER ROAD, f 00, MECHA ' :URG, PA 17055 ./ , 12-18921 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.