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Home My WebLink About15-0248 Supreme Couftafk'Pennsylvania cou , r�&W' n Pleas For Prothonotary Use Oidy: TIMESTAMP C; ,vef Docket No:G C oUnty L L The infortnation collected on this form is used solely for court administration purposes. This form does not supplement or replace the lin and service q/pleadings or other papers as required by law or rules ofcourt. Commencement of Action: S N Complaint n Writ of Summons nPetition E C] Transfer from Another Jurisdiction E]Declaraiion of Taking C Lead Plaintflfs Name: Lead Defendant's Name. PORTFOLIO RECOVERY ASSOCIATES,LLC KATHERINE A HILL T I Are money damages requested? 0 Yes 0 No Dollar Amount Requested: X within arbitration limits 0 (Check one) outside arbitration limits DIsthis a Class Action Suit? 0 Yes 9 No Is this an MDJAppeal? 0 Yes 0 No Name of Plaintiff/Appellant's Attorney:Robert N.Polas,Jr./Carrie Brown/Mark R.Garvey/Grejgory J.Babcock 0 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 E3 Intentional E] Buyer Plaintiff Administrative Agencies n Malicious Prosecution C] Board of Assessment ❑ Motor Vehicle 13 Debt Collection:Credit Card E] Board of Elections ❑ Nuisance 0 Debt Collection:Other n Dept.of Transportation n Premises Liability M Statutory Appeal:Other 0 Product liability(does not include S mass tort) El Employment Dispute: E n Slander/libel/Defamation Discrimination n Zoning Board C 0 Other: 0 Employment Dispute:Other n Other: T I MASS TORT 0 Other: 0 F1 Asbestos N n Tobacco REAL PROPERTY MISCELLANEOUS n To)dc Tort-DES El Ejectment F1 Common Law/Statutory Arbitration El To*Tort-Implant E]Eminent Domain/Condemnation El Declaratory Judgment B F-1 Toxic Waste E] Ground Rent n Mandamus r-1 Other: E] Landlord/Tenant Dispute n Non-Domestic Relations • Mortgage Foreclosure:Residential Restraining Order • Mortgage Foreclosure:Commercial F-1 Quo Warranto [] Partition n Replevin PROFESSIONAL LIABILITY El Quiet Title f-1 Other: Fl Dental E] Other: r-1 Legal M Medical M Other Professional: 14-69064 Robert N. Polas, Jr., Esquire PA Bar#201259 Carrie Brown, Esquire PA Bar#94055 Mark R Garvey, Esquire PA Bar#312686 T t f r_ 'Gregory J. Babcock, Esquire PA Bar#205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd 13 [11.4 IQ. 18 Norfolk, VA 23502 G `,i_ . .. TELE: 1-866-428-8102 r; ;4t ,`;�) e,-qll i, FAX:(757) 518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LA W PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD �O ' / O�� - / NORFOLK, VA 23502 No. J Plaintiff, V. KATHERINE A HILL 573 BRIGHTON PL MECHANICSBURG PA 17055-5471 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 C 14-69064 (717) 249-3166 da Qn% 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 Gregory J. Babcock, Esquire PA Bar#205061 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. KATHERINE A HILL 573 BRIGHTON PL MECHANICSBURG PA 17055-5471 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, KATHERINE A HILL, is an adult individual with last known address of 573 BRIGHTON PL, MECHANICSBURG PA 17055-5471. 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 23, 2002 with account number ************2135 (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 communication is from a debt collector and is an attempt to collect a debt. Any information obtained willbe 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. 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 September 15, 2012. 8. Plaintiff is the purchaser, assignee and/or successorin interest HSBC BANKNEVADA, N.A. / CAPITAL ONE BANK(USA), N.A/ARBOR- ORCHARDAND HB and Plaintiff is now the holder of the Account. A true and.correct copy of the Plaintiff s 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$1,519.26. 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, KATHERINE A HILL, in the amount of$1,519.26, plus costs of this action and-any other relief as the Court deems just and r o le. ie A Brown, Esquire, #94055 Robert N. Polas, Jr., Esquire, #201259 Mark R Garvey, Esquire, #312686 Gregory J. Babcock, Esquire, #205061 Attorneys for Plaintiff 14-69064 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, Tracy 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. Date: DEC 17 2014 By. Tracy N.Parket Custodian ofRecords 14-69064 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. . 0 Exhibit 1 Forward Flow Receivable Sale Agreement dated 04/10/2013 BILL OF SALE Closing Date: 05/17/2013 Capital One, National Association ("Seller"), in consideration of a Purchase Price of and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right,title and interest in the Accounts identified in the Sale File entitledwhich may be in electronic form) to Portfolio Recovery Associates, ( Ruyer�, w!out recourse or representation except as expressly 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 Flow Receivable Sale Agreement, dated as of 04/10/2013, by and between Seller and Buyer (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 05/14/2013. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was CAPITAL ONE,NATIONAL ASSOCIATION By:f Name: John H. Maurer Title: Vice President ' Exhibit 2 Forward Flow Receivable Sale Agreement dated 04/10/2013 BILL OF SALE Closing Date: 05/17/2013 Ca ital One Bank (USA), National Association("Seller"), in consideration of a Purchase Price of and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File entitled _ (which may be in electronic form) to Portfolio Recovery Associates, LLC ("Buyer"), without recourse or representation except as expressly 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 Flow Receivable Sale Agreement, dated as of 04/10/2013, by and between Seller and Buyer (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 05/14/2013. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was CAPITAL ONE BANK(USA),NATIONAL ASSOCIATION By: Name: John H. Maurer Title: Vice President IiVUNtMULD BANK MAJ I EKI;AKI) KATHERINE A HILL Household Bank MasterC en' Account Numbe ,135 Page 1 of 2 Froro March 24 2013 $ ' . ..bf Account` I - Previous Balance $1,534.26 New Balance ' Payments - $0.00 Minimum Payment Due $1$387.600 Other Credits $0.00 Payment Due Date May 18,2013 Purchases/Debits + $0.00 y Balance Transfers + $0.00 Late Payment Warning:If we do not receive your minimum payment by the Cash Advances + $0.00 date listed above,you may have to pay a late fee of up to $35.00 and your Past Due Amount $334.00 APRs may be increased to the Penalty APR of 29.40%. Fees Charged + $0.00 Interest Cha ed + $34.40 Minimum Payment Waming:If you make only the minimum payment each New Balance $1,568.66 period,you will pay more in interest and it will take you longer to pay off your Credit Limit $1,250.00 balance.For example: Credit Available $0.00 Cash Advance Limit t $1,250.00 If you make no additional You will pay off the And you will end up paying Cash Advance Available $0.00 charges using this card balance shown on an estimated total of.. Statement Closing Date April 23,2013 and each month you Ibis statement in Days in Billing Cycle 30 pay... about... tCash Advance Limit is a portion of Total Credit Limit. Only the minimum 12 Years $3,580 Payment $64 3 Years $2,305 (Savings-$1.275) If you would like information about credit counseling services call 1-866-569-2227. Questions? Payment Address:HSBC Card Services,PO Box 60501,City Of Industry,CA 24-Hour Automated Account Information 1-503-293-4037 91716-0501 Espaliol 1-503-293-4834 Billing Inquiries:HSBC Card Services,PO Box 80084,Salinas,CA Lost or Stolen Card 1-800-366-7817 93912-0084 Outside USA Collect 1-503-245-9280 Manage Your account online at www.householdbank.com TDD/liearing Impaired 1-800-655-9392 The HEXAGON DESIGN®(AND VARIATIONS),HSBC®,THE WORLD'S LOCAL BANK®,HOUSEHOLD®(AND DESIGN)°and HOUSEHOLD BANK® are registered trademarks of HSBC Holdings plc or HSBC Finance Corporation and are used by Capital One by permission.Capital One is the issuer of this account. IMPORTANT INFORMATION:As part of your transition to Capital One,your payment cutoff time is changing.Beginning May 15,2013, payments made online or by phone by 5:00 p.m.ET,Monday through Saturday,will be credited to your account as of that day.Payments received after 5:00 p.m.ET or anytime on Sunday,Thanksgiving,Christmas or New Year's Day may not be credited on the same day.However, if your payment due date falls on a Sunday or one of those holidays then payments made that day will still be considered on time.Please note that there is no change to the way we process mail payments. If you choose Over the Credit Limit coverage,an Over the Credit Limit Fee of up to$25.00 may be assessed if the account balance exceeds the total credit limit at any time during a billing cycle. As a reminder,you may pay your credit card bill online or through our automated phone system for no fee. ITr:risi�c!$otiit Fans Trans Date Post Date Description of Fees Reference Number Amount Total Fees For This Period $0.00 InterastCharged Description of Interest Charge Amount INTEREST CHARGE ON CASH ADVANCES $0.00 INTEREST CHARGE ON PURCHASES $34.40 Detach RW tenuu bottom portion with yma payment 110246 5 E 23 0000000508 STMr08 D 4 51598 Host See mverse side for important information ------------------------------------------------------------------------------------------------------------------------------------------ Account Number: 135 New Balance 8.66 Minimum Payment Due $387.00 Payment Due Date 05/18/2013 Include account number on check to HSBC Card Services. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. 110 AMOUNT ENCLOSED HSBC CARD SERVICES PO BOX 60501 15164 WALNUT ST CITY OF INDUSTRY CA 917160501 HESPERIA CA 923453351 �'IIIII�I'II"�III�II'�I'1III�I"II�I�I"'�'lllllll�'11111�111111 213 HUL)NEHULU BANK MAS I tRUAKU KATHERINE A HILL Household Bank MasterC ent Account Numbe �135 Pnec 2 oC2 From March 2 201; INTEREST CHARGE ON BALANCE • TRANSFERS $0.00 Total Interest For This Period $34.40 Total fees charged in 2013 $0.00 Total interest charged in 2013 $133.14 1fA — T rgeClilcufatioh -- Your Annual Percentage Rate(APR)is the annual interest rate on your account. Type of Balance Annual Percentage Rate(APR) Balance Subject to Interest Rate Interest Charge PURCHASES 00002 26.99%(v) $1,550.81 $34.40 CASH ADVANCES 80002 24.90%(v) $0.00 $0.00 BALANCE TRANSFER 26.99%(v) $0.00 71111 $0.00 v=Varlahle Rale , Register for Online Account Access to monitor activity,setup Email Alerts,enroll in paperless statements and update your personal infonnation anytime Get started: h ouseholdbank.com/register 110246 5 E 23 0000000508 STMT08 D 4 51598 HIM I _____________________________________