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HomeMy WebLinkAbout13-3859 Supreme Co -of, Pennsylvania Cour 1` Com" on Pleas For Prothonotary Use Only: TIM E S TA M P CiN ` bY.B' - et Docket No: CUMBf RLAN C ounty The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the Cling and service of pleadings or other papers as required by law or rules of court. S I Commencement of Action: E ® Complaint C3 Writ of Summons C3 Petition i C C3 [S from Another Jurisdiction C3 Declaration of Taking j Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC SUSAN R WITTER I ' O Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits N (Check one) outside arbitration limits A Is this a ClassAction Suit? ❑ Yes ®No Is this an MDJAppeal? ❑ Yes ®No Name of Plaintiff /Appellant's Attorney: Robert N. Polas, Jr./ Carrie Brown/ Mark R. Garvey iii ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) I Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections ❑ Nuisance ® Debt Collection: Other ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include E mass tort) ❑ Employment Dispute: ❑ Slander/Libel/Defamation Discrimination C E3 Zoning Board ❑ Other: ❑ Employment Dispute: Other ❑ Other: T 1 ❑ Other: O MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑Toxic Tort - Implant n' ❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment p Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: it 12 -88651 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 1„ r 4D - 0 j= F I w Mark R. Garvey, Esquire PA Bar # 312686 .s i ! T! 1: P R L 1 i 0 T A �R Portfolio Recovery Associates, LLC 120 Corporate Blvd 26 13 JUL -- S k� l 10: 3 0 Norfolk, VA 23502 r� COUNTY TELE: 1- 866 - 428 -8102 P E `��� S Y �`VA ii A FAX: (757) 518 -0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD 2, 3(J , J9 I V l NORFOLK, VA 23502 No. ✓✓ Plaintiff, V. SUSAN R WITTER 237 E KING ST UNIT 2 SHIPPENSBURG PA 17257 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, and 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 at $� t3.75 12 -88651 Ql pd This communication is from a debt collector and is an attempt to collect a debt. � #« q o�1 10 Any information obtained will be used for that purpose. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA . CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Demandante, No. V. SUSAN R WITTER 237 E KING ST UNIT 2 SHIPPENSBURG PA 17257 Demandado. 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 esta 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 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 12 -88651 Esta cornunicacion es de un. cobrador de deudas y es un intent do cobrar una deuda. Cualqui.er infromacion.. sera util..izada para use proposito. 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 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. V. SUSAN R WITTER 237 E KING ST UNIT 2 SHIPPENSBURG PA 17257 Defendant. COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 120 Corporate Blvd, Norfolk, VA 23502. 2. Defendant, SUSAN R WITTER, is an adult individual with last known address of 237 E KING ST UNIT 2, SHIPPENSBURG PA 17257. 3. It is averred that Defendant was indebted to CAPITAL ONE, N.A. / GM on November 15, 1993 with account number ************7009 (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 from. a debt collector and is an attempt to collect a debt. Any information obtai -ned will be used for that purpose. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on March 15, 2013. 8. Plaintiff is the purchaser, assignee and/or successor in interest CAPITAL ONE, N.A. / GM and Plaintiff is now the holder of the Account. A true and correct copy of the Plaintiffs verification 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 $4,549.57. 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, SUSAN R WITTER , in the amount $4,549.57 lus c is of this action and any other relief as the Court deems just and reaso ab . Carrie . Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 12 -88651 This communication is frorn. a dent collector and is an attempt to collect a. debt. Any information obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Dianna D. Williams 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. Date: MA 3121 By : ' ti ' Dianna D. Williams Custodian of Records 12 -88651 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. XHIBIT 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 120 Corporate Blvd Norfolk, VA 23502 Telephone: 1- 866 - 428 -8102 Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** *7009 SUSAN R WITTER Account Holder: SUSAN R WITTER 237 E KING ST UNIT 2 SHIPPENSBURG PA 17257 Consumer Account Product Code: MC Issuer: CAPITAL ONE, N.A. / GM Assignee: Portfolio Recovery Associates, LLC Account Number: ************7009 Date Account Opened: November 15, 1993 Date of Last Payment: March 15, 2013 Date of Charge Off: July 31, 2012 Balance at Purchase: $4,649.57 Purchase Date: August 15, 2012 Balance at Charge -Off: $4,649.57 Less Payments: $100.00 Balance Due: $4,549.57 12 -88651 HSBP61 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. Dianna D. Williams I, the undersigned, , 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, 120 Corporate Blvd, Norfolk, VA 23502. 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 CAPITAL ONE, N.A. / GM ( "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 August 15, 2012. 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 SUSAN R WITTER ( "Debtor ") to the Account Seller the sum of $4,649.57 with the respect to account number ending in * * * * * * * * * ** *7009, as of July 31, 2012 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 $4,549.57 as due and owing as of the date of this affidavit. 6. Plaintiff believes that the defendant is not a minor or an incompetent individual, and declares that the Defendant is not on active military service of the United States. Po lio Recovery Ass oci s, LLC - 12�- Q. WlIIiaMS By: , Custodian of Records M A Y S 1 2 013 Subs ed d swgrn re ' me on of , 2013 Notary Public Tavana C. Uzzle rn� Commonwealth of Virginia 12 -88651 Notary Public +. Commission No. 302460 My COMMIsslon Expires 1/31/2017 This communication is from. a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. ASSIGNMENT AND BILL OF SALE 08/10/2012 Reference is made to that certain Purchase and Sale Agreement as of 03/28/2012 ("Agreement") for the sale of Accounts and Account Documents described therein to Portfolio Recovery Associates, LLC, (hereinafter called "Purchaser"), upon the terms and conditions set forth in that Agreement. WHEREAS, HSBC Bank Nevada, N.A., HSBC Bank USA, N.A., HSBC Receivables Acquisition Company I, HSBC Receivables Acquisition Corporation (USA) III, and HSBC Receivables Acquisition Corporation (USA) IV (collectively, "HSBC") sold the Accounts described in Schedule 1 attached hereto to Capital One, National Association ("Seller") in connection with the transactions contemplated under that certain Purchase and Assumption Agreement among HSBC Finance Corporation, HSBC USA Inc., HSBC Technology and Services (USA) Inc. and Capital One Financial Corporation, dated August 10, 2011, as amended from time to time. NOW THEREFORE, for good and valuable consideration, Seller hereby sells, assigns, and transfers to Purchaser, its successors and assigns, all of Seller's rights, title, and interest in each and every one of the Accounts described in the Agreement and in Schedule 1 attached hereto, as of the date first written above. Purchaser and Seller agree that the Purchase Price shall be as stated in Section 3 of the Agreement. Purchaser acknowledges and agrees that (i) Seller did not originate any of the Accounts and, prior to May 1, 2012, did not service any of the Accounts, and (ii) Seller's internal policies and procedures for servicing accounts including, but not limited to, charge -off, credit bureau reporting, fraud, and billing disputes policies may be different than the charge -off policies and procedures of HSBC. Purchaser acknowledges and agrees that Seller may deliver an Affidavit of Sale of Accounts by Creditor in lieu of an Affidavit of Sale of Accounts by Original Creditor. This Assignment and Bill of Sale may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. RESTRICTED IN WITNESS WHEREOF, the parties have signed and delivered this instrument on 08127/2012. Capital One, National Association Signed By: J B . H Maurer Title: Vice President Portfolio Recovery ,A, ssoociates, LLC Signed By: �.r By: ? Title: RESTRICTED SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILE] #fit Sheriff ' 7'I �`R€ FNC ; Jody S Smith �s � Chief Deputy 2013 JUL 26 AM 10: 3 Richard W Stewart CCUMBERL ND CGIUNTY Solicitor d ,,. or ra ,1 PENtgSYLVANIA Portfolio Recovery Associates, LLC Case Number vs. Susan R Witter 2013-3859 SHERIFF'S RETURN OF SERVICE 07/22/2013 02:20 PM-Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Susan R Witter at 237 E. King Street,Apt.2, Shippensburg BXIAM n�urg, PA 17257.Yz�_ NE, DEPUTY SH ERIFF COST: $73.20 SO ANSWERS, 6 July 24,2013 RON 'Y R ANDERSON, SHERIFF (c)CcuntySuite Sheriff,Teleosoft,Inc.