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Home My WebLink About11-7675Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. 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 140 Corporate Blvd. Norfolk, VA 23502 V. NATASHA STRINE 1158 CENTERVILLE RD NEWVILLE PA 17241 ASSOCIATES, LLC Plaintiff Defendant NOTICE G°7 r.a 7 C7) i - (-+-1 c-) ?i C"7 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 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 Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. No. /- (7 ! [ , ir J-5 0 old At ?' # / 0044 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. NATASHA STRINE 1158 CENTERVILLE RD NEWVILLE PA 17241 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 ELGI13LE 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 c onitnt>nication is from :a debt collector and is an atte€Ytpt to collect a debt. Any information obtaisied 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. NATASHA STRIKE 1158 CENTERVILLE RD NEWVILLE PA 17241 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant NATASHA STRIKE, is an adult individual with last known address of 1158 CENTERVILLE RD, NEWVILLE PA 17241. It is averred that Defendant was indebted to WORLD FINANCIAL NETWORK NATL BANK / FASHION BUG on October 4, 2004 with account number ************2818 (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 communication is from <, debt collector and is an attc tn}u to collect a deht, Any information obtained skill lie tise.i tor that PturP0se. 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 February 19, 2008. Plaintiff is the purchaser, assignee and/or successor in interest WORLD FINANCIAL NETWORK NATL BANK / FASHION BUG 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." 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 $936.28. 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, NATASHA STRIKE, in the amount of $936.28, plus costs of this action and any other relief as the Court deems just and reaso 1 . Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-02137 I'h.is conuaunicatioffl i5 frOm a debt collector and is an i to collect a debi, Any inf0mn3ti0D obtained Wiii Le used f«r that l?cWpOse. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Cristina Patterson 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 auth rities. Date : By ?Adco?? r,rjntina Patterson Custodian of Records 11-02137 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 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: ************2818 NATASHA STRINE Account Holder: NATASHA STRINE 1158 CENTERVILLE RD NEWVILLE PA 17241 Consumer Account Product Code: PVT Issuer: WORLD FINANCIAL NETWORK NATL BANK / FASHION BUG Assignee: Portfolio Recovery Associates, LLC Account Number: ************2818 Date Account Opened: October 4, 2004 Date of Last Payment: February 19, 2008 Date of Charge Off: February 23, 2007 Balance at Purchase: $936.28 Purchase Date: April 29, 2010 Balance at Purchase: $936.28 Less Payments: $.00 Balance Due: $936.28 11-02137 ADSI11 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, Cristina Patterson , Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: 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. I 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 WORLD FINANCIAL NETWORK NATL BANK / FASHION BUG ("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 April 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 NATASHA STRINE ("Debtor") to the Account Seller the sum of $936.28 with the respect to account number (************2818), as of April 29, 2010 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 $936.28 as due and owing as of the date of this affidavit. o folio covery ASSQciates, LLC By: C:rigtina Patterso , ustodian of Records Subscribed and sworn to before me on ZO t Pu c 11-02137 of )2011 Victoria Gray Commonwealth of Virginia Notary Public Commission No. 7372000 My Commission Expires 11/301014 J his collinfullicuticn7 it from a debt collector and is ari attempt to collect a debt, An irlt rl`rnation obtained will be used Jor that ptiq)ose. EM BIT A BILL OF SATE WORLD FINANCIAL NETWORK NATIONAL BANK ("Seller"), for value received and pursuant to the terms and conditions of Credit Crd Account Purchase Agreement elated April 29, 2010 between Seller and Portfolio Recover successors and assigns {"Credit Card Account Purahaso Agreement"), hereby assigns effective as of the File Creation Date of April 27, 2010 all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described h! Exhibit 1 attached hereto and made part hereof for all purposes, Munber of Accounts Total Unpaid Balances Premium Due Seller Amounts clue to Seller by Purchaser in hereunder shall be paid U.S. Dollars by a wire transfer to be received by Seller on (the "Closing Date") April 29,20 10 by 5:00 p.m. Seller's time, as follows: WORLD FINANCIAL NETWORK NA T MAL BANIC ABA ## Beneficiary Name: Beneficiary Account: ## This Bi11 of Sale is executed without recourse except as stated in the Credit Card A.cwunt Purchase Agreement to which tli s is an Exhibit. No other representation of or warrairty of title or enforceability is expressed or implied. WORLD FINANCIAL NFTWORIC NATIONAL BANK Date: Title: L?? Portfolio Recovery A, ooia s, LLC By: Date, G ? F ) U _ Title f ci?lo/1 ANSI // SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r Sheriff ?Q?,tr of ?u?ra6rr???0 1011 Jody S Smith,_ .? dr (r3 Chief Deputy `j 15 ???t? Richard W Stewart Solicitor OFPcF OF tr.E,?ERtF= Portfolio Recovery Associates, LLC Case Number vs. 2011-7675 Natasha Strine SHERIFF'S RETURN OF SERVICE 10/11/2011 02:09 PM - William Cline, Corporal, who being duly sworn according to law, states that on October 11, 2011 at 1409 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Natasha Strine, by making known unto herself personally, at 1158 Centerville Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same ti a handing to her personally the said true and correct copy of the same. WILLIAM CLINE, DEPUTY SHERIFF COST: $40.00 October 13, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CouotYSuite Shenti ieiecSott Inc. PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011-7675 CIVIL TERM NATASHA STRIKE , Defendant = ?= r cr PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: - -r, ? -.... t - - . r.? Please enter my appearance on behalf of the Defendant, Natasha Strine in the aN190- ' captioned matter. Respectfully submitted, Date: October 25, 2011 BARIC SCHERER LLC Y David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on October 25, 2011, I, David A. Baric, Esquire of Baric Scherer LLC, did serve a copy of the Praecipe For Entry Of Appearance, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Robert N. Polas, Jr., Esquire Portfolio Recovery Associates, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 David A. Baric, Esquire ¦ . PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff V. NATASHA STRINE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-7675 CIVIL TERM CIVIL ACTION-LAW NOTICE TO PLEAD To: Robert N. Polas, Jr. Esquire Carrie A. Brown, Esquire Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, Virginia 23502 n ? c3 •C ? 'Z7 ?' n Z -C W v? -c--1 -Ij ;IU p O CJ -n D 7U YOU ARE HEREBY DIRECTED TO PLEAD TO THE ATTACHED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS OF SERVICE THEREOF, OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 PORTFOLIO RECOVERY ASSOCIATES. LLC Plaintiff V. NATASHA STRINE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-7675 CIVIL TERM CIVIL ACTION-LAW PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT NOW, comes Defendant, Natasha Strine by and through her attorneys, BARIC SCHERER LLC, and files the within Preliminary Objections and, in support thereof, set forth the following: I. FAILURE TO CONFORM TO LAW OR RULE OF COURT UNDER Pa.R.C.P 1028(a)(2) 1. Pa.R.C.P. 1019(h) requires that "[w]hen any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written." 2. Pa.R.C.P. 1019(i) requires that "... when any claim or defense is based upon a writing, the pleader shall attach a copy of the writing ...." or state the substance of the writing and why it is not attached. 3. Plaintiff states in paragraph 4 of its complaint that "... Defendant agreed to repay any incurred balances and/or charges made to the Account pursuant to the terms and conditions governing said Account." 4. Plaintiff failed to state whether the agreement was oral or written and failed to attach a copy of any agreement upon which its claim is based. 5. Plaintiff states in paragraph 3 of its complaint that "... [a] copy of the account history is attached ..." to the complaint. 6. No account history showing debits and credits was attached to the complaint. 7. Plaintiff states in paragraph 9 of its complaint that the remaining balance of the Account is $936.28. Plaintiff failed to include any writing showing the debits and credits made to the Account in order to arrive at the $936.28 figure. WHEREFORE, Defendant requests her objections be sustained and Plaintiff's complaint be dismissed in its entirety for failure to conform to law or rule of court. II. LEGAL INSUFFICIENT SPECIFICITY UNDER Pa.R.C.P. 1028(a)(3) 9. Plaintiff incorporates by reference paragraphs one through eight as though set forth at length. 10. Pa.R.C.P. 1019(f) requires a party to aver specifically items of time, place and special damage. 11. Plaintiff states in paragraph 9 of its complaint that the remaining balance of the Account is $936.28. 12. Plaintiff failed to include any writing showing the debits and credits made to the Account in order to arrive at the $936.28 figure. WHEREFORE, Defendant requests her objections be sustained and Plaintiff's complaint be dismissed in its entirety for insufficient specificity. III. LEGAL INSUFFICIENCY OF PLEADING UNDER Pa.R.C.P. 1028(a)(4) 13. Plaintiff incorporates by reference paragraphs one through twelve as though set forth at length. 14. Pa.R.C.P. 1019(1) requires that "... when any claim or defense is based upon a writing, the pleader shall attach a copy of the writing ...." 15. Plaintiff contends, in paragraph 8 of its complaint, that it is the Assignee and/or successor in interest to World Financial Network Nad Bank/Fashion Bug. 16. Plaintiff failed to attach documents which identify the specific accounts that were assigned to Plaintiff and therefore fails to establish itself as a real party in interest. WHEREFORE, Defendant requests her objections be sustained and Plaintiffs complaint be dismissed in its entirety for insufficiency of a pleading. Respectfully submitted, BARIC SCHERER Date: David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. Dated: ?f 10 1 David A. Baric, Esquire CERTIFICATE OF SERVICE I hereby certify that on November /a, 2011, 1, David A. Baric, Esquire of Baric Scherer LLC, did serve a copy of the Preliminary Objections Of Defendant, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Robert N. Polas, Jr. Esquire Carrie A. Brown, Esquire Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, Virginia 23502 1AA4)Id David A. Baric, Esquire