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HomeMy WebLinkAbout13-7618 ..Y:.,. ,; s s ... t' �, .'M )�`7I �. '�' < - -: 3t L .`; '.�, ,. f• .i.`; .IFY��l: - -, . �3:f ..i �,�i, -wt.. . .1� s ....�.:4 .. . -�' -` }4 T• J . r : a �. "� [t �'i Supreme Co. t of P:etinsyIvania 01 -1 Cour f CEom on Pleas or Prothonntar Use 71 t41: S Cl set m� Fy DIY '1'AM f ' Docket N.o:U The information collected on this form is used solely for court administration purposes. This form does not supplenigi or're lace the filing and service ofpleadings or other papers as`re wired Ai daffy bri"rules -of court. S Commencement- of,Action: ® Complaint p `Writ of Summons O Petition E� ❑ Transfer from Another Jurisdiction, ,t. �r,p, ❑j?eclarationrofTaking Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC a ILLIAM J'STROHM F Are money damages requested? ®Yes ❑ No Dollar Amount Requested: X within arbitration limits (Check, one) ;outside arbitrahonaimits: Is this a Class Action Suit ?`4...:o: ® No Is this an MDJAppeal? ❑ Yes ®No 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 Se] Litigant) w^ y t Nature of the * Case Place, an "X" to the left of the ONE case category that most accurately describes your PWMARY.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 E.. ❑ Board of Assessment ❑ Motor Vehicle a Debt Collection: Credit Card ❑ Board of Elections Nuisance [i ; : ®. Deb'"t•Collectiori: Other ,:` u ' =t - p?.Dept. of Transportation ,❑ Premises I n • L El, ; Statutory Appeal: Other iS r ❑ L Rroduet Liability,(does not include i. ' �masstort) ❑ Employment Dispute: ❑ Slander/Libel /Defamation' Discrimination Zonin Board . L ❑' Other: r: o � g.,, ❑Employment Dispute, ❑Other. Other: 1 . Asbestos t 4 N .x .•p Tobacco '` , i ..J;. 2: ai.' t:! . -... n F "• -y.•. .: Y ✓ •t'.. , +' REAL:P_ROPERTY t MISCELLANEOUS p` Toxic Tort- DES' • - ,• B }� ❑Toxic Tort - ImplantEl Ejectment ❑ Common Law /Statutory Arbitration El toxic Was te li' • i. i p EminentD`omainlCOnde`mnafi`on ❑`t.Declarator, ;v J,udgm'enf "p Other 4i _ ❑,!Grouad'Rerit ;.. ,.': ;i: . :'.' O', Mandamus , ' Landlord /Tenant Dis ute jO'l ,' „ 1 p ❑ Non- Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ' c:❑;; Mortgage ;F,oreclosure:;Commereial ? ilL- ElliQ,uo- Warranto _ ar ❑ .Partition 1 j ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title, ❑ Q'ther: •, a •'' ;- ❑ Dental ❑ Other ❑ Legal ❑ Medical ❑ ,Other Professional: 14' -40526 L - 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. WILLIAM J STROHM 317 SANDERSON DR MECHANICSBURG PA 17055 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, WILLIAM J STROHM, is an adult individual with last known address of 317 SANDERSON DR, MECHANICSBURG PA 17055. 3. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / CAPITAL ONE BANK (USA), N.A / ARBOR - ORCHARD AND HB on May 16, 2002 with account number * * * * * * * * * ** *0431 (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. This com�inu:taication is from a debt collector and is an. attempt to collect a debt. Any information obtained will be used for that purpose. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and /or for obtaining services. 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 27, 2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA, N.A. / CAPITAL ONE BANK (USA), N.A / ARBOR - ORCHARD AND HB 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 $2,303.64. 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, WILLIAM J STROHM , in the a t of $2,303.64, plus costs of this action and any other relief as the Court deems just and rea ab Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 14 -40526 This comnuuication is from a debt col.lecto:e 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, Samaria Braswell 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: DEC 0 2 2013 B y : auP- Samaria Braswell Custodian of Records 14 -40526 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. r 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: * * * * * * * * * ** *0431 WILLIAM 3 STROHM Account Holder: WILLIAM J STROHM 317 SANDERSON DR MECHANICSBURG PA 17055 Consumer Account Product Code: MC Issuer: HSBC BANK NEVADA, N.A. / CAPITAL ONE BANK (USA), N.A / ARBOR - ORCHARD AND HB Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *0431 Date Account Opened: May 16, 2002 Date of Last Payment: July 27, 2012 Date of Charge Off: March 30, 2013 Balance at Purchase: $2,303.64 Purchase Date: April 15, 2013 Balance at Charge -Off: $2,303.64 Less Payments: $.00 Balance Due: $2,303.64 14 -40526 HSBS03 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. ......................... ............................... ....... .................... ............................... Exhibit 1 . Forward Flow Receivable Sale Agreement dated 04/10/20,13 ... BILL OF SALE Closing Date: 04/15!2013 .. . Capital : One National Association (`.`.Seller"), in consideration . of a Purchase Price of and . other: valuable consideration the : receipt of which is .hereby acknowledged;:. : hereb .. sells assigns and transfers all : ri y gn ght; title and interest.in the Accounts identified in the Sale..: . File entitled (which ma be in electronic :form to Portfolio Y Recov Associates U.0 "Bu er" without recourse ar r epresentati on ex t as ex ressl Y ( Y )� rep cep..: p y provided herein, .or on the terms, and subject to the: conditions, set forth in the Agreement (as defined:below) . This Bill of Sale is delivered 'pursuant to : that certain Forward F1ow Receivable Sale Agreement,: dated as of 04/10/2013, : by and between Seller and Buffer (the "Agreement"). All capitalized terms. used, but not: defined in this :Bill of Sale shall. have the meanings assigned to such terms in the Agreement. The Cutoff Date for the Sale File was 04/10/2013. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was .... CAPITAL ONE NATIONAL ASSOCIATION By: N e: John H :.Maurer Title.- Vice President . SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,�xtr t *44, Jody Jody S Smith to Chief Deputy !r 'i Richard W Stewart Solicitor (?Pr,CE : ERIF'- bLh1 PtIit PENNSYLVANIA I NNSYLVANIA Portfolio Recorvery Associates, LLC Case Number vs. William J Strohm 2013-7618 SHERIFF'S RETURN OF SERVICE 01/06/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: William J Strohm, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found" at 317 Sanderson Drive, Monroe Township, Mechanicsburg, PA 17055. Current residents Mr. &Mrs. Burgard moved in in July 2013 and do not know defendant and per the Mechanicsburg Postmaster mail is still delivered to the address provided. SHERIFF COST: $33.00 SO ANSWERS, January 06, 2014 RONW R ANDERSON, SHERIFF al f i Carrie A. Brown, Esquire RC� HQ*OT Robert N. Polas Jr, Esquire 2G B 4 FEB 25 PM 2: 57 Mark R. Garvey, Esquire Attorney ID#94055/201259/312686 CUMBERLAND COUNT Y Portfolio Recovery Associates, LLC PENNSYLVANIA 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. 13-7618 v. WILLIAM J STROHM 317 SANDERSON DR MECHANICSBURG PA 17055 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as disconti i d without prejudice. -.13; lly Submitty " /// 1 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 14-40526 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. 13-7618 v. • WILLIAM J STROHM • 317 SANDERSON DR • MECHANICSBURG PA 17055 • Defendant • CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon WILLIAM J STROHM, by First Class Mail, Postage Pre-Paid, a copy thereof on thi4/6 day of peb , 2014, to: WILLIAM J STROHM, 317 SANDERSON DR, ME 'A /SBURG PA 171 14-40526 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 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.