On March 20, 2020 a
Party Statement
was filed
involving a dispute between
Portfolio Recovery Associates,Llc,
and
Joseph Barnes,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Franklin County.
Preview
FILED: FRANKLIN COUNTY CLERK 07/06/2021 10:59 AM INDEX NO. E2020-213
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/06/2021
AFF1DAVIT OF FACTS AND PURCHASE OF ACCOUNf
BY DEBT BUYER PLAINI1FF (Debt Buyer Actions)
The undersigned. being duly sworn. deposes and says:
1. I am a/an employee of PortfolioRecovery Associates. LLC (Phintiff) and I have access to Plaintiffsbooks and
records (Basiness Records), inchiding electronic records, rehting to the account (Account) of JOSEPH BARNES.
The lastfour digitsof the Account number are 5165. In my posiion, I alsohave personal knowledge of Plai1tiffs
procedures for creating and néntaining itsBusiness Records, including is procedures relatingto the purchase and
assignment of consumer credit accounts. Phintiffs Risiness Records were made inthe regular course of business
and k was the regular course of such business to make the Risiness Records. The Risiness Records were made at or
near the time of the events recorded. Based on my knowledge of Plaintiffs Risiness Records, I have personal
knowledge of the facts set forth in thisaffidavit.
2. On or about 11/19/2017 purchased
Plaintiff or was assigned the Account from SYNCHRONY BANK (the
Purchase). At that tine. SYNCHRONY BANK assigned allof itsinterest in theAccount. including the rightto
any proceeds from the Account. to Plaintiff.As part of the Purchase, Business Records relating to theAccount
were transferred to Plaintiff.Following the Purchase, those Risiness Records were maintained in theordinary
course of Plaintiff'sbusiness.
3. As setforth in theaffxlavit(s)of SYNCHRONY BANK submitted herewth. the complete chahi of tile.with
the date of each sale or assignment of the Account. as folbws:
a. SYNCHRONY BANK on 11/19/2017.
4. At this time. Defendant(s) owes S2,120.44 on the Account. This amount includes the clmrge-off balance of
$2,155.44, post-charge-off interestof $0.00, and post-charge-off fees and charges of
$0.00, less post-charge-off creditsor payments made by or on behalf of the Defendant(s) of S 35.00.
WHEREFORE. deponent demands judgment against Defendant(s) for S2,120.44, together wth the costs and
distmrsements of thisaction. The above statements are true and correct to the best of my personal knowledge.
Commonwealth of Virginia
City of Norfolk ss.
Portfoli c Associates, LLC
By: Stapleton , Custodian of Records
A11thony
JUN 0 9 9021
Subscribed and sworn to before me on
Notafy Public
Larsen%clance •
Karen
commonweanh or virginia
*********5165 Notary Public
ComrnissionNo. 7867557
commissionExpiresg520N
My
V6
1 of 2
FILED: FRANKLIN COUNTY CLERK 07/06/2021 10:59 AM INDEX NO. E2020-213
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/06/2021
CERTiFICATE OF CONFORMITY
The undersigned does hereby certifythat he/she isan attorney at law duly admitted to practice in
the State of Virginia and isa resident of Virginia Beach, in the State of Virginia;that he/she isa
person duly qualified to make this certificate of conformity pursuant to Section 299a of the Real
Property Law of the State of New York; that the foregoing acknowisdgment by Anthony Stapleton
named in the foregaing instrument taken before Karen Sciance, a Notary in the State of Virginia
was taken in the manner prescribed by such laws of the State of Virginia, being the State in which it
was taken; and that itduly conforms with such laws and isin allrespects valid and effective in such
state.
June 9, 2021
David Spruill,Esq.
Attorney at Law
THIS DOCUMENT IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A
DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
2 of 2
Document Filed Date
July 06, 2021
Case Filing Date
March 20, 2020
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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Preview
FILED: FRANKLIN COUNTY CLERK 07/06/2021 10:59 AM INDEX NO. E2020-213 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/06/2021 AFF1DAVIT OF FACTS AND PURCHASE OF ACCOUNf BY DEBT BUYER PLAINI1FF (Debt Buyer Actions) The undersigned. being duly sworn. deposes and says: 1. I am a/an employee of PortfolioRecovery Associates. LLC (Phintiff) and I have access to Plaintiffsbooks and records (Basiness Records), inchiding electronic records, rehting to the account (Account) of JOSEPH BARNES. The lastfour digitsof the Account number are 5165. In my posiion, I alsohave personal knowledge of Plai1tiffs procedures for creating and néntaining itsBusiness Records, including is procedures relatingto the purchase and assignment of consumer credit accounts. Phintiffs Risiness Records were made inthe regular course of business and k was the regular course of such business to make the Risiness Records. The Risiness Records were made at or near the time of the events recorded. Based on my knowledge of Plaintiffs Risiness Records, I have personal knowledge of the facts set forth in thisaffidavit. 2. On or about 11/19/2017 purchased Plaintiff or was assigned the Account from SYNCHRONY BANK (the Purchase). At that tine. SYNCHRONY BANK assigned allof itsinterest in theAccount. including the rightto any proceeds from the Account. to Plaintiff.As part of the Purchase, Business Records relating to theAccount were transferred to Plaintiff.Following the Purchase, those Risiness Records were maintained in theordinary course of Plaintiff'sbusiness. 3. As setforth in theaffxlavit(s)of SYNCHRONY BANK submitted herewth. the complete chahi of tile.with the date of each sale or assignment of the Account. as folbws: a. SYNCHRONY BANK on 11/19/2017. 4. At this time. Defendant(s) owes S2,120.44 on the Account. This amount includes the clmrge-off balance of $2,155.44, post-charge-off interestof $0.00, and post-charge-off fees and charges of $0.00, less post-charge-off creditsor payments made by or on behalf of the Defendant(s) of S 35.00. WHEREFORE. deponent demands judgment against Defendant(s) for S2,120.44, together wth the costs and distmrsements of thisaction. The above statements are true and correct to the best of my personal knowledge. Commonwealth of Virginia City of Norfolk ss. Portfoli c Associates, LLC By: Stapleton , Custodian of Records A11thony JUN 0 9 9021 Subscribed and sworn to before me on Notafy Public Larsen%clance • Karen commonweanh or virginia *********5165 Notary Public ComrnissionNo. 7867557 commissionExpiresg520N My V6 1 of 2 FILED: FRANKLIN COUNTY CLERK 07/06/2021 10:59 AM INDEX NO. E2020-213 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/06/2021 CERTiFICATE OF CONFORMITY The undersigned does hereby certifythat he/she isan attorney at law duly admitted to practice in the State of Virginia and isa resident of Virginia Beach, in the State of Virginia;that he/she isa person duly qualified to make this certificate of conformity pursuant to Section 299a of the Real Property Law of the State of New York; that the foregoing acknowisdgment by Anthony Stapleton named in the foregaing instrument taken before Karen Sciance, a Notary in the State of Virginia was taken in the manner prescribed by such laws of the State of Virginia, being the State in which it was taken; and that itduly conforms with such laws and isin allrespects valid and effective in such state. June 9, 2021 David Spruill,Esq. Attorney at Law THIS DOCUMENT IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 2 of 2