HomeMy WebLinkAbout13-4846 Supreme C: o; ,Pennsylvania
Cou ' ' f �m ' Pleas g �
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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 papers as required by law or rules of court.
S
Commencement of Action:
WR
® Complaint ❑ Writ of Summons ❑ Petition
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
Lead Plaintiffs Name: Lead Defendant's Name:
TAM PORTFOLIO RECOVERY ASSOCIATES, LLC SHANNON T RASY
I
Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits
(Check one) outside arbitration limits
x : Is this a Class Action Suit? ❑ Yes ®No Is this an MDJAppeal? ❑Yes ®No
3 Name of Plaintiff /Appellant's Attorney: Robert N. Polas, Jr./ Carrie Brown/ Mark R. Garvey
- A
❑Check here if you have no attorney (are a Self-Rep resented [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 /pebt Collection: Credit Card ❑ Board of Elections
❑ Nuisance ® Debt Collection: Other ❑ Dept. of Transportation
❑ Premises Liability -- — — ❑ Statutory Appeal: Other
❑ Product Liability (does not include
mass tort) [I Employment Dispute:
❑ Slander /Libel /Defamation Discrimination
❑ Other: ❑Zoning Board
El Employment Dispute: Other ❑ Other:
... ❑Other –
- - - -_ - - - - — —
MASS TORT
❑ Asbestos
❑ Tobacco
❑Toxic Tort -DES REAL PROPERTY MISCELLANEOUS
❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration
b:. E] Eminent Domain /Condemnation Declarator Ju d g ment
❑Toxic Waste ❑ y g
❑ Other: ❑ Ground Rent ❑ Mandamus
❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations
— ❑ Mortgage Foreclosure: Residential Restraining Order
i - - -- ❑ Mortgage Foreclosure: Commercial
❑ Quo Warranto
❑ Partition ❑ Replevin
PROFESSIONAL LIABILITY
El Quiet Title
❑ Other:
❑ Dental ❑ Other:
❑ Legal _
❑ Medical
s° ❑ Other Professional:
13 -53673
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055 t +±
Mark R. Garvey, Esquire PA Bar # 312686
Portfolio Recovery Associates, LLC
120 Corporate Blvd , 'P I
Norfolk, VA 23502 � (�' #,, ry
TELE:1- 866 - 428 - 8102 ( t', r
FAX: (757) 518 -0860 ' E t [ � Y CU"k Ty
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.
SHANNON T RASY
210 ROXBURY RD
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
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249 -3166 ns
13 -53673
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.
SHANNON T RASY
210 ROXBURY RD
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
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249 -3166
13 -53673
Esta conlunicacion es de tin cobrador de deudas y es w). intent do cobrar una de-uda.
Cualquicr infromacion sera utilizada para ese propos.ito.
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.
SHANNON T RASY
210 ROXBURY RD
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, SHANNON T RASY, is an adult individual with last known address of 210
ROXBURY RD, SHIPPENSBURG PA 17257.
3. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / AMERITECH on
April 24, 2007 with account number * * * * * * * * * ** *8494 (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.
'Fleis coy u- nun.i.cat.io.n is frorn a debt collector and is an attempt: to collect a debt.
Any information obtained wi11 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 2, 2010.
8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA, N.A. /
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
$930.28.
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, SHANNON T RASY , in the amount of $930.28, plus costs of this
action and any other relief as the Court deems just and reas a
Carrie A. Brown, Esquire, # 94055
Robert N. Polas, Jr., Esquire, # 201259
Mark R. Garvey, Esquire, # 312686
Attorneys for Plaintiff
13 -53673
'..['his con.imun.icat.io.n is from. a debt collector and is an atteD..pt to collect a debt.
Any information obtained will be used for that purpose.
VERIFICATION
The undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
Tamara Bond 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 10 2013
Date: - By:
Tamara Bond
Custodian of Records
13 -53673
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
1 Telephone: 1- 866 - 428 -8102
Fax: (757) 518 -0860
Statement of Account
Account: * * * * * * * * * ** *8494
SHANNON T RASY
Account Holder:
SHANNON T RASY
210 ROXBURY RD
SHIPPENSBURG PA 17257
Consumer Account Product Code: MC
Issuer: HSBC BANK NEVADA, N.A. / AMERITECH
Assignee: Portfolio Recovery Associates, LLC
Account Number: * * * * * * * * * ** *8494
Date Account Opened: April 24, 2007
Date of Last Payment: July 2, 2010
Date of Charge Off: February 28, 2011
Balance at Purchase: $930.28
Purchase Date: March 18, 2011
Balance at Charge -Off: $930.28
Less Payments: $.00
Balance Due: $930.28
13 -53673
HSBK65
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, iii <[ r_ `" C,, , 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. 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. / 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 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 SHANNON T RASY ( "Debtor ")
to the Account Seller the sum of $930.28 with the respect to account number ending in * * * * * * * * * ** *8494, as of
February 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 $930.28 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.
Portfolio Rec e ss ci tes, C
By: Custodian of Records
4-4
'JUL 10 2013
ubsc ' ed and sworn to before me on of , 2013
Public
13 -53673
MAMA
' - - nom D6'e
This communication is from a debt collector anal is an attempt to collect a debt.
Asiy 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
"Seiler") 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 Stanborouah
Title: Senior Vice President
1.1�cet V 1.►� 1 nr- n
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 Prime Fresh 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 Prime Fresh
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 St day of March, 2011.
HSBC Receivables Acquisition
Company I, HSBC Receivables
Acquisition Corporation (USA) III, and
HSBC Receivables Acquisition
Corporation (USA) IV
Signed By: Z
By: Paul Stanborouc h
Title: Senior Vice President
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson Fit..ED-0FffC`E
Sheriff THE PROTNONOTARf
Jody S Smith w
Chief Deputy 2013 AUG 2$ An 10: 3 7
Richard W Stewart "
.T�.
Solicitor CUMBERLAND COUNTY
err l�� €����'���'�ry
PENNSYLVANIA
Portfolio Recovery Associates, LLC
Case Number
vs. 2013-4846
Shannon Rasy
SHERIFF'S RETURN OF SERVICE
08/22/2013 06:18 PM- Deputy Shawn Harrison, being duly sworn according to law, served uested Complaint
& Notice by"personally" handing a true copy to a person representing t.9,
be the Defendant,
to wit: Shannon Rasy at 210 Roxbury Road, Shippensburg Borough, ShA 17257.
SH HA ON, DEPUTY
SHERIFF COST: $50.60 SO ANSWERS,
4"
August 23, 2013 RbNI`4Y R ANDERSON, SHERIFF
ec}CountySuile Shoriff.Tel_-osoft.Inc.
Carrie A. Brown, Esquire
_ Rvbert N. Polas Jr, Esquire
Mark R. Garvey, Esquire
Attorney ID #94055/201259/312686
Portfolio Recovery Associates, LLC "
120 Corporate Blvd MI, .' # Ati
((• r
Norfolk, VA 23502
Attorneys for Plaintiff Pt PS YLVA NIA
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. 13-4846 CIVIL
v.
SHANNON T RASY
210 ROXBURY RD
SHIPPENSBURG PA 17257
Defendant
PRAECIPE TO DISCONTINUE
To the Prothonotary:
Please mark the above-entitled case as discontinued • ithout prejudice.
Res%e j
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
13-53673
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. 13-4846 CIVIL
v. .
SHANNON T RASY :
210 ROXBURY RD :
SHIPPENSBURG PA 17257 .
Defendant .
CERTIFICATE OF SERVICE
The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue
upon SHANNON T RASY, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of
P---e6 , 2014, to:
SHANNON T RASY, 210 ROXBURY RD, SHIPPENSB .1 PA 17257
`j/, /
13-53673 • ..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
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.