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Home My WebLink About14-3357 U#reme Couftro Pennsylvania Cou f Common Pleas �� For Prothonotary Use Only: TIM E STA MP Cl_ l��O EI'3e�t Docket No: CUMB ounty The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service o leadin s or other papers as required bylaw or rules o court. S Commencement of Action: E N Complaint ❑ Writ ofSurnmons []Petition C ❑ Transfer from Another Jurisdiction []Declaration of Taking T Lead Plaintiffs Name: Lead Delendant's Name: PORTFOLIO RECOVERY ASSOCIATES,LLC TRAVIS J NOLEN I O Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits N I .(Check one) outside arbitration limits A Is this a Class Action Suit? ❑Yes R No Is this an MDJAppeal? ❑ Yes ® No Name of Plaintiff/Appellant's Attorney:Robert N.Polas,Jr./Came Brown/Mark R Garvey ❑ 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 ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Credit Card ❑ Board of Elections ❑ Nuisance ® Debt Collection:Other ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include E mass tort) ❑ Employment Dispute: ❑ Slander/Libel/Defamation Discrimination E] Zoning Board C ❑ Other: ❑ Employment Dispute:Other ❑ Other: T I Cl Other: Q MASS TORT N ❑ Asbestos ❑ Tobacco ❑ To)dc Tort-DES REAL PROPERTY MISCE LANEOUS B ❑ Twdc Tort-Implant ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ To:ac Waste ❑ Eminent Domain/Condemnation p Declaratory Judgment ❑ 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: 15-66254 v 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 F ; TELE: 1-866-428-8102 ` FAX:(757) 518-0860 �` l'e`i i!$},(� Attorneys for Plaintiff c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CMI,ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES, LLC C U/ 120 CORPORATE BLVD lel �j7 NORFOLK, VA 23502 No. J f Plaintiff, V. TRAVIS J NOLEN 139 RED TANK RD BOILING SPRGS PA 17007 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 AWYERIF 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 15-66254 p,4 J CO-f U 513gv 0/,&---7 / � 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. TRAVIS J NOLEN 139 RED TANK RD BOILING SPRGS PA 17007 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 15-66254 Esta connulicacion es de un cobrador de deudas y es un intent do cobras Lum deuda. Cualquier infronTcion 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 TIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff, No. V. TRAVIS J NOLEN 139 RED TANK RD BOILING SPRGS PA 17007 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, TRAVIS J NOLEN, is an adult individual with last known address of 139 RED TANK RD, BOILING SPRGS PA 17007. 3. It is averred that Defendant was indebted to CITIBANK, N.A. /THE HOME DEPOT on July 21, 2011 with account number ************6579 (hereafter referred to as "Account"). 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 conrnnunication is fixnn a debt collector and is an.atteinl)t to collect a debt. Any information obtained will be used for that prose. 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. A copy of the charge off statement is attached hereto and collectively marked as Exhibit "A" 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 20, 2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest CITIBANK, N.A. /THE HOME DEPOT and Plaintiff is now the holder of the Account. Atrue and correct copy of the Plaintiffs Bill of Sale 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$977.59. 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, TRAVIS J NOLEN, in the a5wr @ of$977.59, plus costs of a ion and any other relief as the Court deems just and reasonle 1 own, Esquire, #94055 Robert N. Polas, Jr., Esquire, #201259 Mark R Garvey, Esquire, #312686 Attorneys for Plaintiff 15-66254 This corr1111onication is from a debt collector and is an.attetrpt to collect a debt. Any infol7rotion obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Tmey N.Parker 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. MAY 0 12014 Date: By: Tracy N.Pad= Custodian of Records 15-66254 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. i tract 1D:PRITHIMM082213 Document 1D: 101013PR ITH I MMB 1 BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT dated October 29, 2013, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank") to Portfolio Recovery Associates, LLC ("Buyer"), organized under the laws of Delaware, with its headquarters/principal place of business at 130 Corporate Boulevard,Norfolk, VA 23502. For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated August 22, 2013, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns,the Accounts described in Exhibit 1 and the final electronic file. Citibank,N.A. By: 4-r/-- l/ (Signature) Name: Patricia Hall Title: Financial Account Manager PRA 082213.docx Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: �99 Customer Service: HOME DEPOT CREDIT SERVICES PO Box 790328 St Louis MO 63179 SIGN Uig FOR SAVIWAS. myhomedepotaccount.com ` homedepot.com/signup Account Inquiries: . 1-866-458-7683 Acrrot�Y Number° d 5 a! Summaty of Account Activity Payment Information Previous Balance $923.95 New Balance $977,59 Payments -$0.00 Minimum Payment Due $432.00 Other Credits -$0.00 Payment Due Date March 20, 2013 Purchases +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$35.00 date listed above,you may have to pay a late fee up to$35. Interest Charged +$18.64 Minimum Payment Warning: If you make only the minimum payment each New Balance $977,59 period,you will pay more in interest and it will take you longer to pay off your Past Due Amount $368.00 balance For example r�;;�tlar�e�F�lsln'g�Ctt�s�catd«�'�b�e stiv�n Ylr�ttt�s{ �nnd't1pv,, �`fri�`�n Credit Limit $0.00adhtohty` a„` saternial#rbaut k s x�ia�OtM� Available Credit $0.00 Only the minimum payment 3 years $1,217 Statement Closing Date 02/21/2013 It you would like information about credit counseling services,call 1-877-337-8188. Next Statement Closing Date 03/24/2013 Das in.Billing Cycle 28 Your minimum payment due is$432.00.To avoid interest charges on your non-promotional(revolving)balance and any expiring promotions,pay $977.59 by March 20,2013. If you pay your non-promotional balance in full every month,no additional billed interest charges will apply. Interest accrues daily from your statement closing date until we receive your payment,so please check your next statement for any additional interest you may have incurred. TRANSACTIONS Trans Date Description Reference# Amount FEES 02/20 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD $ 35.00 INTEREST CHARGED 02/21 INTEREST CHARGE ON PURCHASES $ 18.64 TOTAL INTEREST FOR THIS PERIOD $ 18.64 See at-a-glance exactly when your payment is due,any new transactions,your �� new balance and minimum payment due. It's all right here. t�� ePlease see page 5 for additional information. AHn iS PLEASE SEE IMPORTANT INFORMATION ON PAGES 2 AND 4 Page 1 of 6 This Account is Issued by Citibank,N.A. ---------------y _ Please detach and return lower portion with your payment to insure proper credit. Retain upper portion for your records. y Your Account Number is —6579 P.O. Box 790393 St. Louis, MO 63179 :. , Payment Due Date March 20,2013 New Balance $977.59 Past Due Amountt $368.00 Minimum Payment Due $432.00 Statement Enclosed ' Atnoun#�nt;lrssed ; tPast Due Amount is included in the Minimum Payment Due Print address changes on the reverse side Make Checks Payable to HOME DEPOT CREDIT SERVICES TRAVIS J NOLEN PO BOX 182676 139 RED TANK RD COLUMBUS,OH 43218-2676 BOILING SPRINGS,PA 17007-9508 6579 - Information About Your Account. Proper Form.For a payment sent by mail or courier to be in proper form, Mow to Avoid Paying Interest on Purchases.Your payment due date you must: is at least 25 days after the close of each billing cycle.We will not charge Enclose a valid check or money order made payable to Flame Depot you any interest on purchases if you pay your New Balance by the Credit Services.No cash,gift cards,or foreign currency please. payment due date each month.This is called a grace period on purchases. include your name and account number on the front of your check If you do not pay the New Balance in full by the payment due date,you or money order, will not get a grace period on purchases until you pay the New Balance in if you send an eligible check with this payment coupon,you authorize full for two billing cycles in a row. us to complete your payment by electronic debit.If we do,the If you have a balance subject to a deferred interest or 09b APR promotion checking account will be debited In the amount on the check.We and that promotion does not expire before the payment due date,that may do this as soon as the day we receive the check.Also,the check balance(the"excluded balance")is excluded from the amount you will be destroyed. must pay in full to get a grace period.However,you must still pay any Copy Fee.We charge$5 for each copy of a billing statement that dates in which payments are allocateedd to deferred interest balances f separately required payment the excluded balance.In ices f cyclesirst,the back 3 months or more.We add the fee to a balance of our choosing.We deferred interest balance will be reduced before any other balance on the reserve the right to add this fee to balances subject to a higher annual account.However,you will continue to get a grace period on purchases so percentage rate.We waive the fee if your request for the copy relates long as you pay the New Balance less any excluded balances in full by the to a trilling error or disputed purchase. payment due date each billing cycle.We may refer to deferred interest Payment Options Other Than Regular Mail. promotions as No Interest promotions. • Online Payments.Visit myhomedepotaccount.com and sign up for In addition,certain promotional offers may take away the grace period on free online payments.Enrollment may take a few days.If we receive purchases.Other promotional offers not described above may also allow your request to make an online payment by 5 p.m.Eastern tirne,we you to have a grace period on purchases without having to pay will credit your payment as of that day and it will post within three all or a portion of the promotional balance by the payment due date. business days.If we receive your request to make an online payment If either is the case,the promotional offer will describe what happens. after that time,we will credit your payment as of the next day and it How We Calculate Your Balance Subject to Interest Rate.For each will post within three business days.For security reasons,you may be balance,the letter following the Annual Percentage Rate in the Interest unable to pay your entire New Balance with your first online payment. Charge Calculation section on the front of the statement indicates the AutoPay Service.If you are enrolled in this service,your payment method we use to calculate interest charges.For Methods C,H and M, amount will be deducted automatically each month on your due crate we use a daily balance rnethod(including current transactions)to from the bank account you select. calculate interest charges.For Methods I and L,we use an average Pay by Phone Service.You may use this service any time to make daily balance method(including current transactions)to calculate a payment by phone,if your account is eligible.You will be charged interest charges.For Method I(,we use an average daily balance method $14.95 to use this service if a representative of ours helps expedite (excluding current transactions)to calculate interest charges.To find your payment.Call by 5 p.m.Eastern time to have your payment out more information about the balance computation method that credited as of that day and posted within three business days.If you applies to your account and how the resulting interest charges were call after that time,your payment will be credited as of the next day determined,contact us at Customer Service number on the front. and posted within three business days.We may process your payment Important Payment Instructions. electronically after we verify your identity. Right to Prepay Your Account.You may pay all or part of your account Express Payments.You can send payment by courier or express balance at any time.However,you rnust pay,by the payment due date,at mail to the Express Payments Address.This address is:Customer least the rnininnurn payment due. Service Center,Attention:Payment Mail Opening,1500 Boltonfield St., Crediting Payments.If we receive your mailed payment in proper form Columbus,OH 43228.Payment must be received in proper form at the proper address by 5 p.m.Eastern time to be credited as of that day. at our processing facility by 5 p.m.local time there,it will be credited as All payments received in proper form at the proper address after that of that day.A payment received there in proper form after that time will time will be credited as of the next day. be credited as of the next day.Allow 5 to 7 days for payments by regular In-Store Payments.For your added convenience,payments can be mail to reach us.There may be a delay of, upto 5 days in crediting a made at The Home Depot stores,with no service fee.Any payment payment we receive that is not in proper+orm or is not sent to the correct In proper form accepted in-store will be credited as of that day. address.The correct address for regular mail is the address on the front However,credit availability may be subject to verification of funds. of the payment coupon.The correct address for courier or express mail is the Express Payments Address in the Express Payments section. PLEASE_SEE IMPORTANT INFORMATION ON PAGE.4 HD-2 JAN13 Page 2 of 6 Change of Address Print address changes in blue or black ink. S > D TREi Register now for Paperless Statements and more at myhornedepotaocoount.com Account: **** **** **** 6579 Total Fees Charged in 2013 $70.00 Total Interest Charged in 2013 $38.16 _� aT F B r N y y k Percentage Rate(APR)is the annual interest rate on your account INTEREST CHARGE CALCULATION Your Annual u { .v�� :5� v # F'R Ironse y�T an ayy� ..� .S,j _.� �� rF d� C��Cr' T+._t.. i�y� �S 94 it ij � r�i��"y��lri(��a00 A ow •Z�#',�?fl'Iil .. '}" PURCHASES Revolving Balance 25.99% M $935.38 $18.64 i I i i i i i I i I i i Page3d6 Ur news.. e Glear. Cq cisee �arsy to read. Clear.::.. Statements are written in.everyday language that you II be able to'read and;undersfand They show you:exactly how rctuch you ve spent,how much you owei when:.ou:owe'It and`.h'ow.lon it ma take ou to a it'off y.. 9 ..... Y: :. Y. ..Y concise The Information:is 'bucketed into sections that make It easy to ffnd'What you're looking for and Is written In normal everyday language >. I !; Easy 40,read.: Not Drily are the wordstfiemselves easier o understand tYiey're in a larger;and easier to teat)type face. AUM 45W. armor MW MW am nof aw a as .Tlw' Raw Apm MW Aso a , Account Number/ Contact Information Account Statement Summa of Account Activity xxwax.. a ea�.� � Customer servk.e s' Summary ty • cem PO eox e➢a0a,Cf l 8r YYW iYW Monthly account ®AcoouMlnqulrh>s: t-e8Ga99 sett 1 on 2"Sees activity-payments, credits, fees, and ' /lcccyridP�Ar,�ttrrtt .. Prevlpls l3aleRdp f_. 59.899599-99 New Balance �e R99 ese.99 interest charged Paylie.3 $8999.999.99 MUinnum Payment Dere . 999989.99 P ,ehd pay�gm a»Dau .... _ ....Momh DD.YYYY SDBB9.�-1f8 '' Lw Raymem WambM 111w do na moeNe you mlldrman peymem by Payment Information a;•ro•a �� ... eN dab Babd abnw,you my lam to pry a bib be up to$3S. 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Register now for PaP,AN D TREE perless Statements and mora :NI®P9 8avj ' nnyhomada)DfaccnuT t.ror11 HD/EX JAN 13 Page 5 of 6 I i � A , f 1 t { i f f 1 f 1 1 f 1 f t r Page 6 of 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriffs . . c ; r}` Jody S Smith # `� Chief Deputy -r- ''r aJU!120 F ` 2: r Richard W Stewart CUMBERLAND C,r 3I Solicitor PENNSYLVANIA Portfolio Recorvery Associates, LLC Case Number vs. 2014-3357 Travis J Nolen SHERIFF'S RETURN OF SERVICE 06/11/2014 08:07 PM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Kaila Nolen, wife, who accepted as"Adult Person in Charge"for Travis J Nolen at 139 Red Tank Road, South Middleton, Boiling Springs, PA 17007. d i t i t i it t AMANDA EBERSOLE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, June 12, 2014 RON R ANDERSON, SHERIFF Ceur u c.,sa