HomeMy WebLinkAbout13-4200 Supreme C, ,, _ —' ; Pennsylvania
Cour f Com n Pleas
I tbl ttp p! Jss Q li \\ l ] \9 ?; S] 1 i•1 f'
CI vae et
CUMB °County.
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of Pleadings or other a ers as required by law or rules of court.
l
Commencement of Action:
® Complaint ❑ Writ of Summons ❑ Petition
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
\ Lead Plaintiff s Name: Lead Defendant's Name:
\a
PORTFOLIO RECOVERY ASSOCIATES, LLC ASHLEY L EVANS
�= Are money damages requested? ®Yes ❑ No Dollar Amount Requested: X within arbitration limits
(Check one) outside arbitration limits
Is this a Class Action Suit? ❑Yes 0 N 71s this an MDJAppeal? ❑Yes 0 N
` Name of Plaintiff /Appellant's Attorney: Robert N. Polas, Jr./ Carrie Brown/ Mark R. Garvey
\ v ❑ Check here if you have no attorney (are a Self- Represented (Pro Se] Litigant)
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 E] Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution
❑ Board of Assessment
❑ Motor Vehicle 11 Debt Collection: Credit Card E] Board of Elections
❑ Nuisance ® Debt Collection: Other ❑ Dept. of Transportation
u s
❑ Premises Liability __ —_ - -_ _ ❑ Statutory Appeal: Other
❑ Product Liability (does not include - _ --
v mass tort) ❑ Employment Dispute:
❑ Slander/Libel /Defamation Discrimination
vvo�� �� ❑Zoning Board
❑ Other: ❑ Employment Dispute: Other ❑ Other:
IM
\
❑ Other:
Y \F MASS TORT
❑ Asbestos -- - - - - --
`��
- 1 Tobacco
\ REAL PROPERTY MISCELLANEOUS
❑ Toxic Tort -DES
❑
F1 Toxic Waste Toxic Tort - Implant
❑ Ejectment E] Common Law /Statutory Arbitration
El Eminent Domain /Condemnation El Declaratory Judgment
\ Other: El Ground Rent ❑Mandamus
�\ ❑
\ ----- _ —_ - -- ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations
❑ Mortgage Foreclosure: Residential Restraining Order
v` "s` ���' — - - - -- ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
` ❑ Partition ❑ Replevin
`s ❑ Quiet Title
PROFESSIONAL LIABILITY ❑Other:
€ ❑ Dental ❑ Other:
\?� ❑ Legal
y �\ ❑ Medical — __ —
`� v�v 1 Other Professional:
13 -49356
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 _- , `� v
120 Corporate Blvd
Norfolk, VA 23502�
TELE: 1- 866 - 428 -8102
FAX: (757) 518 -0860 P DNS D A A *�
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD No. I q 2oc)
NORFOLK, VA 23502
Plaintiff,
V.
ASHLEY L EVANS
103 E MAIN ST APT 2
CAMP HILL 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, 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 S
(717) 249 -3166 � / 03-
Pennsylvania Lawyer Referral Service f
13 -49356 (800) 692 -7375
iZ #a 9 33 � 3
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
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.
ASHLEY L EVANS
103 E MAIN ST APT 2
CAMP HILL PA 17011
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
13 -49356
Esta comunicacion es de un cobrador de deudas y es uti hitent do cobrar una deuda.
Cualquier infromacion sera utilizada para ese 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.
ASHLEY L EVANS
103 E MAIN ST APT 2
CAMP HILL PA 17011
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, ASHLEY L EVANS, is an adult individual with last known address of 103 E MAIN
ST APT 2, CAMP HILL PA 17011.
3. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / HHB / AMERITECH
on July 7, 2006 with account number * * * * * * * * * ** *7079 (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 atte i pt to collect a debt.
Any information obtained 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 July 23, 2010.
8. Plaintiff is the purchaser, assignee and /or successor in interest HSBC BANK NEVADA, N.A. /
HHB / AMERITECH 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
$899.26.
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, ASHLEY L EVANS , m the a ount of $899. , plu costs of this action
and any other relief as the Court deems just and reasonabl
Ca 'e A. Brown, Esquire, # 94055
Robert N. Polas, Jr., Esquire, # 201259
Mark R. Garvey, Esquire, # 312686
Attorneys for Plaintiff
13 -49356
This communication is from a debt collector and is an attempt to collect a debt.
Any infot obtained will be used for that purpose.
VERIFICATION
The undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
Tamara Bona 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 falsificatiCtthorities.
Date: JUN 1 3 2013 By.
Tae�ara Solid
Custodian of Records
13 -49356
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
' \ `L Norfolk, VA 23502
Telephone: 1- 866 - 428 -8102
Fax: (757) 518 -0860
Statement of Account
Account: * * * * * * * * * ** *7079
ASHLEY L EVANS
Account Holder:
ASHLEY L EVANS
103 E MAIN ST APT 2
CAMP HILL PA 17011
Consumer Account Product Code: VISA
Issuer: HSBC BANK NEVADA, N.A. / HHB / AMERITECH
Assignee: Portfolio Recovery Associates, LLC
Account Number: * * * * * * * * * ** *7079
Date Account Opened: July 7, 2006
Date of Last Payment: July 23, 2010
Date of Charge Off March 31, 2011
Balance at Purchase: $899.26
Purchase Date: September 27, 2011
Balance at Charge -Off: $899.26
Less Payments: $.00
Balance Due: $899.26
13 -49356
HSBM3 8
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, Tamara Bond , 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. 1 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 HSBC BANK
NEVADA, N.A. / HHB / AMERITECH ( "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 September 27, 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 ASHLEY L EVANS ( "Debtor ") to
the Account Seller the sum of $899.26 with the respect to account number ending in * * * * * * * * * ** *7079, as of March
31, 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 $899.26 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 ervi e of the United States.
Portfolio Recovery ciates, C
By: Tamara Bo , Custodian of Records
JUN 1a Z013
Subscribed and to before me on of 5 2013
its Tracy Nicole Parker
Nota ub Commonwealth of Virginia
Notary Public
Commission No. 7509731
13 -49356 My Commission Expires 2128/2015
This communication. is from a debt collector and i.s an. atterript to collect a debt.
Any information obtained will be used for that ptiB)ose.
EXHIBIT B
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 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 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 27 of September, 2011.
HSBC Bank Nevada, N.A.
Signed By:
By: Stuad Austin
Title: Assistant Vice President
HSBC Bank USA, N.A.
Signed By:
By: Stuart Austin
Title: Vice President
HS8 If 3 /
� �' 2
EXHIBIT B (Continued)
ASSIGNMENT AND BILL OF SALE
HSBC Receivables Acquisition Company I, HSBC Receivables Acquisition
Corporation (USA) III, 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 Receivables
described therein 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 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 27 of September, 2011.
HSBC Receivables Acquisition
Company I, HSBC Receivables
Acquisition Corporation (USA) III, and
HSBC Receivables Acquisition
Corporation (USA) IV
Signed By: j
By: Stuart Austin
Title: Assistant Vice President
AI S 84M 3A ��
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
�yrrtjv 01
Jody S Smith M D-- r -�
Chief Deputy
dir
a-) r
Richard W Stewart `
Solicitorr ,rr � r b ,}
—0
CD r,;1
-.a C.n
W Portfolio Recovery Associates, LLC
vs. Case Number
Ashley Evans 2013-4200
SHERIFF'S RETURN OF SERVICE
07/31/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit:Ashley Evans, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found" at 103 E.
Main Street, Apt. 2, Shiremanstown Borough, Shiremanstown, PA 17011. This is a locked apartment
building, the defendant's name is not listed on the mailboxes and per the Shiremanstown Postmaster the
defendant is not known at the addresses given.
SHERIFF COST: $35.91 SO ANSWERS,
August 07, 2013 RON R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft,Inc.
Carrie A. Brown, Esquire
4obert.t N. Polas Jr,, Esquire
Mark R. Garvey, Esquire
Attorney ID # 94055/201259/312686 <,
Portfolio Recovery Associates, LLC t e �' PIR0 i
120 Corporate Blvd 2013 SEP 25 AM 11 2
Norfolk, VA 23502
Attorneys for Plaintiff 2UMB
NNS YLWCN t
IN TTIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD
NORFOLK, VA 23502
Plaintiff No. 13-4200 CIVIL,
V.
ASHLEY L EVANS
103 E MAIN ST APT 2
CAMP HILL PA. 17011
Defendant
PRAECIPE TO DISCONTINUE
To the Prothonotary:
Please mark the above-entitled case as discontinued without prejudice.
Respe ful 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
13-49356
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 4 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. 13-4200 CIVIL
V.
ASHLEY L EVANS
103 E MAIN ST APT 2
CAMP HILL PA 17011
Defendant
CERTIFICATE OF SERVICE
The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue
upon ASHLEY L, EVANS, by First Class Mail, Postage Pre-Paid, a copy thereof on this Zp�day of
, 2V� to:
ASHLEY L EVANS, 103 E MAIN ST APT 2, CAMP HI P 17011
13-49356 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
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.