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Home My WebLink About13-4567 Supreme C,o:ufta:£ Pennsylvania fourbf Cmmn Pleas CI jI o i� eet FbrPr'otho,notary UseOrily: TILIE STAMP ^f >, Docket No cum B °Coun C N Co ? The information collected on this form is used solely for court administration purposes. This form does not sup lenient or re lace the filing and service of leadings or other p ' a ers as re uired bjl law or rules of court. i Commencement of Action: S IN Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C f Lead Plaintiffs Name: Lead Defendant's Name: T j PORTFOLIO RECOVERY ASSOCIATES, LLC DEBRA L KIRSCH I � O Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits N Y (Check one) outside arbitration limits Is this a Class Action Suit? ❑ Yes No Is this an MDJAppeal? ❑Yes ®No A Name of Plaintiff /Appellant's Attorney: Robert N. Polas Jr./ Carrie Brown/ Mark R. Garve 1 ❑ 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 ❑ Malicious Prosecution ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Credit Card • Nuisance ® Debt Collection: Other ❑ Board of Elections • Premises Liability O Dept. of Transportation ❑ Statutory Appeal: Other S C] Product Liability (does not include _ mass tort) ❑ Employment Dispute: ❑ Slander/Libel /Defamation E Discrimination C ❑ Other: ❑ Employment Dispute: Other ❑ Other: g Board T i MASS TORT ❑ Other: U ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY FC01M NEOUS ❑ Toxic Tort - Implant ❑ Ejectment Law /Statutory Arbitration B ❑ Toxic Waste ❑ Eminent Domain /Condemnation ory Judgment [I Other: ❑ Ground Rent us ❑ Landlord /Tenant Dispu te ❑Non- Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL LIABILITY ❑ Partition ❑ Replevin ❑ Dental ❑ Quiet Title ❑ Other: ❑ Other: t ❑ Legal ❑ Medical f ❑ Other Professional: 13 -52076 '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 Tf10 M � 120 Corporate Blvd i, Norfolk, VA 23502 TELE: 1- 866 - 428 -8102 FAX: (757) 518- 0860�J. �/j vrr Attorneys for Plaintiff a'� � 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. DEBRA L KIRSCH 1294 LOWTHER RD 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 13 -52076 (� \" ) an4f � lb� 75�� This communication is from a debt collector and is an attempt to collect a debt. 01-7 D 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. DEBRA L KIRSCH 1294 LOWTHER RD 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 13 -52076 Esta colilunicacion es de un cobrador de deudas y es un. intent do cobras una deuda.. Cualquier infroxnacion sera utilizada Para ese propos..1to. 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. DEBRA L KIRSCH 1294 LOWTHER RD 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, DEBRA L KIRSCH, is an adult individual with last known address of 1294 LOWTHER RD, CAMP HILL PA 17011. 3. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / SEARS on August 19, 2009 with account number * * * * * * * * * ** *2314 (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 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 June 21, 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 $803.49. 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, DEBRA L KIRSCH, in the amo t of $803.49, plus costs 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 13 -52076 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. 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. JUL 18 201 Date: By: —(4� L J. Andrews Custodian of Records 13 -52076 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 Norfolk, VA 23502 Telephone: 1 -866- 428 -8102 Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** *2314 DEBRA L KIRSCH Account Holder: DEBRA L KIRSCH 1294 LOWTHER RD CAMP HILL PA 17011 Consumer Account Product Code: MC Issuer: HSBC BANK NEVADA, N.A. / SEARS Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *2314 Date Account Opened: August 19, 2009 Date of Last Payment: June 21, 2010 Date of Charge Off- January 31, 2011 Balance at Purchase: $803.49 Purchase Date: July 22, 2011 Balance at Charge -Off: $803.49 Less Payments: $.00 Balance Due: $803.49 13 -52076 HSBL70 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, dra`!s , 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. 1 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 July 22, 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 DEBRA L KIRSCH ( "Debtor ") to the Account Seller the sum of $803.49 with the respect to account number ending in * * * * * * * * * ** *2314, as of January 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 $803.49 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. ortfo 'o Recovery Associ s, L Larry J. Andrews By. , Custodian of Records Su ribed a d sworn to before n o f �U� 2 P d� o ary bhc 13 -52076 - �- �C: adV r kiL �7Ps'��e ��l This comma - — - -_ - nrcatran is from a de bt collector and is an atternpt to collect a debt. Air.y 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 May 16, 2011 ( "Agreement ") for the sale of Accounts and Account Documents described therein to Portfolio Recovery Associates, LLC, (hereinafter called "Purch upon the terms and conditions set forth in that Agreement. aser"), NOW THEREFORE, for good and valuable consideration, Seller hereb y 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 st Paragraph 3 of the Agreement. ated in IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 22 nd day of July 2011. HSBC Bank Nevada, N.A. HSBC Ba USA, N.A. Signed By: By: David Nauman Title: Vice President $L 70 /a F� 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 May 16, 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 22 " day of July 2011. HSBC Receivables Acquisition Company I, HSBC Receivables Acquisition Corporation (USA) III, and HSBC Receivables Acquisition Corporatio USA) IV b 1 � - Signed By: By: David Nauman Title: Vice President 2 0 0 H 5 84 7 Z f SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith tit C C, T t i E P f 0*F Chief Deputy A- 3 ' "1 3 p V 711 13 AUG 15 Pt - 4 Richard W Stewart Solicitor OF-';C�:F,F THE CU11BERLM@ COUN , Y Hr-IN14SYLVAHIA Portfolio Recovery Associates, LLC Case Number vs. Deborah L Kirsch 1 2013-4567 SHERIFF'S RETURN OF SERVICE 08/13/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Deborah L Kirsch, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint and Notice as"Not Found"at 1294 Lowther Road, Lower Allen, Camp Hill, PA 17011. Deputies were advised by defendant's mother that the defendant does not reside at this address but does use it as a mailing address, she did not provide a residential address for the defendant. SHERIFF COST: $49.95 SO ANSWERS, August 14, 2013 RbNW R ANDERSON, SHERIFF (6 CountySuRe Sheriff,Teleosoft, Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire r Attorney ID# 94055/201259/312686 [ r THE PEr7t_i-T(;"0F N G C T'4 ii ; Portfolio Recovery Associates, LLC 2;0-13 NOV AH 1! � 120 Corporate Blvd lri Norfolk, VA 23502 CUMBERLAND C Attorneys for Plaintiff PENNSYLVANIA �`Y 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. 13-4567 V. DEBRA L KIRSCH 1294 LOWTHER RD CAMP HILL PA 17011 Defendant PRAECIPE TO REINSTATE To the Prothonotary: Kindly reinstate the complaint in the above-referenced matter. Resp t y Sub ed, Ro ert 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 13-52076 -7�*da This communication if from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. r ji Carrie A. Brown, Esquire ''* HE' 0 Robert N. Polas Jr, Esquire Z /y 1I'°,/0/ Nx.f Mark R. Garvey, Esquire J4141~2 4m Attorney ID #94055/201259/312686 '�Uj 13 18 26 Portfolio Recovery Associates, LLC PLANS Ylip COUNT , 120 Corporate Blvd ANIA 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. 13-4567 v. DEBRA L KIRSCH 1294 LOWTHER RD CAMP HILL PA 17011 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Re e lly Submitted, ./(re,„/ 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 13-52076 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 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. 13-4567 v. . DEBRA L KIRSCH : 1294 LOWTHER RD : CAMP HILL PA 17011 : Defendant : CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue u DEBRA L KIRSCH,by First Class Mail, Postage Pre-Paid, a copy thereof on thiT- �day of p: f 2/ to: DEBRA L KIRSCH, 1294 LOWTHER RD, CAMP HILL i 7011 / , 13-52076 •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.