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HomeMy WebLinkAbout11-5066Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 'JI=,; ; TELE: 1-866-428-8102 LQI ??? f r v, FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 No. / - SU-6 Plaintiff l.' V. MATTHEW RUTTER 2433 ROLLING HILLS DR MECHANICSBURG PA 17055 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, an 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 maybe 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 Court Administrator 32 South Bedford Street S' Carlisle, PA 17013 ( 66 ?? •? ??/ (? Pennsylvania a Lawyer yer Referral Service (800) 692-7375 Cb?'' 7?YSg This communication is from a debt collector and is an attempt to collect a debt. Q- L61`7 Any information obtained will be used for that purpose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 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 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. V. MATTHEW RUTTER 2433 ROLLING HILLS DR MECHANICSBURG PA 17055 Defendant 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 esate 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 AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 I his communication is from a debt collector and is an attempt to collect a debt. Any information obtained Nvill be tised l'or that propose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. V. MATTHEW RUTTER 2433 ROLLING HILLS DR MECHANICSBURG PA 17055 Defendant COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant MATTHEW RUTTER, is an adult individual with last known address of 2433 ROLLING HILLS DR, MECHANICSBURG PA 17055. 3. It is averred that Defendant was indebted to GE MONEY BANK F.S.B. / LOWES on August 11, 2005 with account number ************6196 (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. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. 1 his coy intinication is from a debt cc)llectot and is an aitcnipt Io collect a cleft. AnY information obtained will he used l6i 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 December 21, 2008. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK F.S.B. / LOWES and Plaintiff is now the holder of the Account. A true and correct copy of the affidavit 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 $2,264.88. 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, MATTHEW RUTTER, in the amount of $2,264.88, plus costs of this action and any other relief as the Court deems just and re s nable. Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 10-79671 it;r}ic ation is from a debt collector and i an attempt to collect a debt. Iny ittfonuation obtained will be used plot, that purpose, VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Meryl Dreano 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 authprities. Date 10-79671 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Custodian of Records EXHIBIT A PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************6196 MATTHEW RUTTER Account Holder: MATTHEW RUTTER 2433 ROLLING HILLS DR MECHANICSBURG PA 17055 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase: Purchase Date: Product Code: PVT GE MONEY BANK F.S.B. / LOWES Portfolio Recovery Associates, LLC August 11, 2005 December 21, 2008 July 26, 2009 $2,264.88 March 29, 2010 Balance at Charge-Off: $2,264.88 Less Payments: $.00 Balance Due: $2,264.88 10-79671 GECH68 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, Meryl Dreano depose, affirm and state as follows: Custodian of Records, for Portfolio Recovery Associates, LLC hereby I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. 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 GE MONEY BANK F.S.B. / LOWES ("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 29, 2010. 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 MATTHEW RUTTER ("Debtor") to the Account Seller the sum of $2,264.88 with the respect to account number (************6196), as of July 26, 2009 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 $2,264.88 as due and owing as of the date of this affidavit. rPo olio Recovery so iat LC Me M usto ian of Records Subscribed and sworn to before me on f , 2011 ublic 10-79671 m N nlw aakia A/st o h of on My iss?on Aubii n!I?}i?io NO• ?3 n F?Oires t? 14 I leis communication is from a debt collector and is an attempt to collect ?i (lebt. Any inforination obtained M11 be used for that purpose. ,??--- GE Money Bank BILL of SALE 180dav Mid Prime -March 2010 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement (the "Agreemenfl, dated this 28`h day of August, 2009 by and between General Electric Capital Corporation, a Delaware corporation, GE Money Bank, a federal savings bank, and Retailer Credit Services Inc, a Delaware corporation (collectively "Seller") and Portfolio Recovery Associates, LLC ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on March 20, 2010, and as further described in the Agreement. GE Money ank By: -/ Title: CFO Retailer Credit Services Inc &ji, By- Title: President General Electric C ital rporation By: Title: Vi "Si nt SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Loll,"r Jody S Smith #, _ o r-- Chief Deputy -[ - rj 70- te c? Richard W Stewart r -- ` Solicitor ' Portfolio Recovery Associates, LLC vs. Matthew Rutter Case Number 2011-5066 SHERIFF'S RETURN OF SERVICE 06/21/2011 07:25 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2011 at 1925 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: Matthew Rutter, by making known unto Joe Rutter, Father of Defendant at 2433 Rolling Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same.'45?ff?r MICHELLE GUTSHALL, DEPUTY SHERIFF COST: $38.00 June 22, 2011 SO ANSWERS, .-? RON ~ R ANDERSON, SHERIFF !c Coun*y5uite5he.rft. Teeosott in-;. Rutter E? HIL D OFD ? ?T", '. 2433 Rolling Hills Drive '`" Mechanicsburg, PA 17055 201 JUN 24 PM 2: 4-" June 24, 2011 WWI Court of C;non leas Cumberland County Re: Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 VS. Docket No.: 11-5066 Civil Term Matthew Rutter 2433 Rolling Hills Drive Mechanicsburg, PA 17055 ANSWER: By way of this response I am acknowledging that this is in fact my debt. I would also like to take this opportunity to explain the primary reason for my financial hardship, as well as the steps I am taking to resolve my debt. I am a Sales Account Executive with three components to my income which include salary, commissions, and annual bonus. It was announced in late 2008 that all Account Executives would no longer be receiving their Annual Bonus ... based off of my personal scenario that was a dramatic $27,500 loss of income, potentially every year moving forward. Formal reinstatement of the bonus component to our/my compensation package has not been made. As a result of the above stated situation, I am presently enrolled in a Debt Solution Program with Alliance 8 working to resolve my debt. Sincerely, Matthew J utter Rutter 2433 Rolling Hills Drive Mechanicsburg, PA 17055 Court of Common Pleas Cumberland County October 16, 2012 Re: Portfolio Recovery Associates, LLC Plaintiff V `~. iVlatthew Rurier Defendant ~-- ~ a -ea N _< --~ ~ Q `~` ~ ~_ r ~~, z -n mac, ~ ~~' ~~` _ =' ~ ,~ r..~ ~ r `-r .~ .. L_!1 Y-, ANSWER: B~~ way of this response I a~n acknowledging that this is in fact my debt. 1 would also like to take this opportunity to summarize the primary reason for my financial har~ciship. as well as the steps I am taking to resolve my debt. I am a Sales Account Executive with three components to my income which include salary, commissions., and annual bonus. It was announ.eed in late 2008 that Account Executives ~~ould nc~ longer be receiving their Annual Bonus...based off of my personal scenario that. was a devastating $27,500 loss of income. It was at this time that I felt the need, tinancYally, to seek assistance managing my credit card debt moving forward. t~,s a result of the above stated situation, I enrolled in a L)ebt Solution Pragrani, now being managed by All-State National (888.443.3648), working to resolve my rf~maining debt. Originally, thru Beacon Debt Solutiions, the Program was to be completed in ?6 months. I have successf~~lly resolved much of my Credit Card debt, unfortunately howeve~•, clot. all debts were resolved in that time frame. I have since extended my Program (thn~ All-State Nat'll .and hope to have ai] remainin ebts resolved in the immediate future. Sincerel~~. , Matthev,~ Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 FILED-OF FIC;: Portfolio Recovery Associates, LLC OF THE Pt3OTHON6 4 120 Corporate Blvd R, Norfolk, VA 23502 ""MAY29 AH11: 03 Attorneys for Plaintiff CUNBER14W rjr PENNS YLg ftm I y VA N IN THE COURT OF COMMON PLI CUMBERLAND COUNTY, PA CIVIL ACTION -LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK. VA 23502 No*. 11-5066 Plaintiff V. MATTHEW RUTTER 2433 ROLLING HILLS DR MECHANICSBURG PA 17055 Defendant PRAECIPE TO SETTLE DISCONTINUE AND END PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, DISCONTINUED AND ENDED. Respect submitted, 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 10-79671 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. 11-5066 V. MATTHEW RUTTER 2433 ROLLING HILLS DR MECHANICSBURG PA 17055 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle Discontinue and End upon MATTHEW RUTTER, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of , 2013, to: MATTHEW RUTTER 2433 ROLLING HILLS DR, MECH BURG PA 17055 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 10-79671 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for this purpose.