HomeMy WebLinkAbout13-4349 Supreme C,ttt,of Pennsylvania
Cour ' f Gem n Pleas
-fir ,_ t For Prothonotary se Only: TIME STAMP
Cl !�()V£I et Docket No:
CLIMB 'Count V ?q l
y
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the cling and service ofpleadings or other a ers as required by law or rules of court.
Commencement of Action:
S ® Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiffs Name: Lead Defendant's Name:
T PORTFOLIO RECOVERY ASSOCIATES, LLC RACHEL L TRAXLER
�
I
Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits
O (Check one) outside arbitration limits
N
{ Is this a ClassAction Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ®No
A Name of Plaintiff /Appellant's Attorney: Robert N. Polas, Jr./ Carrie Brown/ Mark R. Garvey
❑ Check here if you have no attorney (are a Self- Represented [Pro Sel 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 ❑ Buyer Plaintiff Administrative Agencies
p Malicious Prosecution ❑ Board of Assessment
❑ Motor Vehicle o Debt Collection: Credit Card ❑ Board of Elections
❑ Nuisance ® Debt Collection: Other ❑ Dept. of Transportation
• Premises Liability ❑ Statutory Appeal: Other
• Product Liability (does not include
,S mass tort) ❑ Employment Dispute:
El Slander /Libel/Defamation Discrimination
E ❑ Other: E) Zoning Board
C [3 Employment Dispute: Other ❑ Other:
T
I E] Other:
MASS TORT
0 ❑ Asbestos
N ❑Tobacco
❑ Toxic Tort -DES REAL PROPERTY MISCELLANEOUS
E] Toxic Tort - Implant ❑ Ejectment E] Common Law /Statutory Arbitration
B ❑ Toxic Waste E] Eminent Domain /Condemnation C3 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:
WM
13 -52387
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055 17 p: I
Mark R. Garvey, Esquire PA Bar # 312686 TH LE P I O I - (0 ?4 1 r ,
Portfolio Recovery Associates, LLC
120 Corporate Blvd "� � J JUL 24 Pt ' 3 ; 56
Norfolk, VA 23502
TELE: 1- 866 - 428 -8102 Ct1=1BERLANO C OUNTY
FAX: (757) 518 -0860 PENNSYLVANIA
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 No.
Plaintiff,
V.
RACHEL L TRAXLER
801 SAND BANK RD UNIT 15
MT HOLLY SPRING PA 17065
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 0�s
Carlisle, PA 17013
(717) 249 -3166
Pennsylvania Lawyer Referral Service
(800) 692 -7375
13 -52387
y
�
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. :
RACHEL L TRAXLER
801 SAND BANK RD UNIT 15
MT HOLLY SPRING PA 17065
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 -52387
Esta coniunicacion es de un cobrador de deudas y es un. intent do cobras una deuda.
Cualquier i.n.from.a.cion sera utilizada para ese proposit:o.
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.
RACHEL L TRAXLER
801 SAND BANK RD UNIT 15
MT HOLLY SPRING PA 17065
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, RACHEL L TRAXLER, is an adult individual with last known address of 801 SAND
BANK RD UNIT 15, MT HOLLY SPRING PA 17065.
3. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / SEARS on
December 3, 2008 with account number * * * * * * * * * ** *6585 (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 cleft collector and is an attempt to collect a debt.
Any in.forniation obtained will be used far 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 December 31, 2010.
8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA, N.A. /
SEARS 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
$670.95.
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, RACHEL L TRAXLER , in the amou If $670.95, plus osts of this
action and any other relief as the Court deems just and reasonable
Carrie A. Brown, Esquire, # 94055
Robert N. Polas, Jr., Esquire, # 201259 ""-
Mark R. Garvey, Esquire, # 312686
Attorneys for Plaintiff
13 -52387
This communication is from a debt collector and is an AtCMpt to collect a debt..
Any information obtained will be used for that purpose.
VERIFICATION
The undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
Larry J. Andrews
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: JUN B
La" J. Andrews
Custodian of Records
13 -52387
This communication is from a debt collector and is an attempt to collect a debt.
Any'information obtained will be used for that purpose.
XHIBI 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
kf Norfolk, VA 23502
Telephone: 1- 866 - 428 -8102
Fax: (757) 518 -0860
Statement of Account
Account: * * * * * * * * * ** *6585
RACHEL L TRAXLER
Account Holder:
RACHEL L TRAXLER
801 SAND BANK RD UNIT 15
MT HOLLY SPRING PA 17065
Consumer Account Product Code: MC
Issuer: HSBC BANK NEVADA, N.A. / SEARS
Assignee: Portfolio Recovery Associates, LLC
Account Number: * * * * * * * * * ** *6585
Date Account Opened: December 3, 2008
Date of Last Payment: December 31, 2010
Date of Charge Off. April 30, 2010
Balance at Purchase: $670.95
Purchase Date: March 18, 2011
Balance at Purchase: $670.95
Less Payments: $.00
Balance Due: $670.95
13 -52387
HSBK66
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, LaRY J. Andrews , 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 HSBC BANK
NEVADA, N.A. / SEARS ( "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 March 18, 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 RACHEL L TRAXLER
( "Debtor ") to the Account Seller the sum of $670.95 with the respect to account number ending in * * * * * * * * * ** *6585,
as of March 18, 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 $670.95 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.
Portfoli Recovery ociates, LLC
By:
ar r y J. Andrews Custodian of Records
S9crib94 and sworn to before me on of 'JUN 21 2 OA13
otary Public. w _ Twenei.�C, Uzzle
11iY /
w. Commonwealth of Virginia
13 -52387 ' Notary Public
a Commission No. 302460
My Commission Expires 1/31/2017
This communicatio.tt 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
HSBC Bank Nevada, N.A. and HSBC Bank USA, N.A., (hereinafter called
"Seller ") has entered into a Purchase and Sale Agreement as of February 7,
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 21 day of March, 2011.
HSBC Bank Nevada, N.A.
HSBC Bank USA, N.A.
Signed By: _
By: Paul Stanborough
Title: Senior Vice President
h
�ti ��� t n� • � h r- �l -
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 February 7, 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 21 day of March, 2011.
HSBC Receivables Acquisition
Company 1, HSBC Receivables
Acquisition Corporation (USA) III, and
HSBC Receivables Acquisition
Corporation (USA) IV
1.
Signed By:
By` Paul Stanborouc h
Title: Senior Vice President
�' \X l t n
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson 1j -" r!r it L
Sheriff .;; H rk`'"1'1 `Tfs ;
Jody S Smith ` _
Chief Deputys 211113 we —' `'� 9
Richard W Stewart "D MBE R L A N 0 CQU 11 j .t
Solicitor OFFICE`FTHIES4EMw P E,INSYLVANIA
Portfolio Recovery Associates, LLC
Case Number
vs.
Rachel L Traxler 2013-4349
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: Rachel L Traxler, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 801
Sandbank Road, #15, Dickinson Township, Mt. Holly Springs, PA 17065. Deputies spoke to the current
resident and were told that the defendant does not live at this address and were provided a second
address of 201 Hill Street, Apt. 2, Mt. Holly Springs but it was found that the defendant never resided at
this address per the landlord. Per the Mt. Holly Springs Postmaster, mail is delivered to the 801
Sandbank Road#15, Mt. Holly Springs address.
SHERIFF COST: $48.82 SO ANSWERS,
August 05, 2013 RbNW R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft,Inc.
Carrie A. Brown, Esquire
Robert N. 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. 13-4349 CIVIL
V.
RACHEL L TRAXLER
801 SAND BANK RD UNIT 15
MT HOLLY SPRING PA 17065
c�+
Defendant c `
M co
PRAECIPE TO DISCONTINUE =�Q v
< w CD
To the Prothonotary: < --i
Please mark the above-entitled case as discontinued without prejudice. vc=
Respec ly Sub ' ted
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
13-52387
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
R obert N. Polas Jr, Esquire
a4drk`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. 13-4349 CIVIL
V.
RACHEL L TRAXLER
801 SAND BANK RD UNIT 15
MT HOLLY SPRING PA 17065
Defendant
CERTIFICATE OF SERVICE
The undersigned does hereby certify that I served a copy of the foregoing Praecipe to
Discontinue upon RACHEL L TRAXLER,by First Class Mail, Postage Pre-Paid, a copy thereof on this 41f K day of , 2� to:
RACHEL L TRAXLER, 801 SAND BANK RD UNIT 15, MT HO LY SPR A 17065
13-52387 Robert . 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.