Loading...
HomeMy WebLinkAbout11-7955. y Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 0 f c= 0N 0 T P, 140 Corporate Blvd. T Norfolk, VA 23502 TELE: 1-866-428-8102?(' 19 FAX: 757-518-0860 Attorneys for Plaintiff A Q cm, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 No. I V l Plaintiff V. RACHEL M GARTNER 279 TEXACO RD MECHANICSBURG PA 17050 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 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. a?$Qa•°°pd l CL W?a S71 S /P 9- aWlu a 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. RACHEL M GARTNER 279 TEXACO RD MECHANICSBURG PA 17050 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 Demands 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 falls 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 k conlinnnication is from a debt collector and is aa? , ti: { : ! t, colt, any infornnatiou obtained ??i11 be used for th"li PUFF) 'k'. 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. RACHEL M GARTNER 279 TEXACO RD MECHANICSBURG PA 17050 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 RACHEL M GARTNER, is an adult individual with last known address of 279 TEXACO RD, MECHANICSBURG PA 17050. 3. It is averred that Defendant was indebted to WORLD FINANCIAL NETWORK NATL BANK / VALUE CITY FURNITURE on May 10, 2008 with account number **************7489 (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, (.,,oktnwiicza6o a i4 from a clef}t collector and is an atte,r111A tO collect a dc-ht, gaze- inf€?nuation obtalned 5t ill be kised fc,€ tlt<at fay€rpoc: e;, 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 March 20, 2009. Plaintiff is the purchaser, assignee and/or successor in interest WORLD FINANCIAL NETWORK NATL BANK / VALUE CITY FURNITURE 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 $962.82. 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, RACHEL M GARTNER, in the amount of $962.82, plus costs of this action and any other relief as the Court deems just and reason 1 . Robert N. Polas Jr., Esquire # 201259 ?- Carrie A. Brown, Esquire # 94055 10-96049 l b ti o nttr unic;ation is from a debt collec:to(, nd i MI atterirpt !o c ollect) debt, Arnv information obtained e;611 he used for that purpose, VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, T=m Holllenhel?ereby 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 : By; n-b Custodi of ecords 10-96049 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: **************7489 RACHEL M GARTNER Account Holder: RACHEL M GARTNER 279 TEXACO RD MECHANICSBURG PA 17050 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 WORLD FINANCIAL NETWORK NATL BANK / VALUE CITY FURNITURE Portfolio Recovery Associates, LLC **************7489 May 10, 2008 March 20, 2009 November 5, 2009 $962.82 November 25, 2009 Balance at Charge-Off: $962.82 Less Payments: $.00 Balance Due: $962.82 10-96049 ADSG61 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, Tanya Hollenbeck 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. 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 / VALUE CITY FURNITURE ("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 November 25, 2009. 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 RACHEL M GARTNER ("Debtor") to the Account Seller the sum of $962.82 with the respect to account number (**************7489), as of November 5, 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 $962.82 as due and owing as of the date of this affidavit. Portfolio Recovery Ass ciates, LLC By: H , Custodian of Records Subscribed and sworn to before me on of , 2011 U - W-4 Nota Public e Beyer ith of View Public 10-96049 No 7500443 0:2 pires 6/30/2015 I hi ci, ii is ftom a debt collector and is an attertipt to collect a debt. All pined will be used for that purpose, .1- 0 , - - BUL OF SALE WORLD FINANCIAL CAPITAL BANK ("Sella"}, for value received and p waa t to the teens and condibm of Credit Card Account Amchaee Apreemag dated November 20, 2009 between Seller mad PORTFOLIO RECOVERY ASSOCIATES, LI.C("Putchead), its awcaeeom and weig n C Credit Card Acwmt Purchase Agteeme nn, hereby assigns effective as of the Me Creation Date of November 20, 2009 all rights, title and inunat of Seals in and to those certain receivables, judgm uts or ovidences of debt descdW in Itch bit 1 attached hav to and made part baeof for alt purposes. Number ofAcoaunb Total Unpaid Balances s Premium Due Seller s Amowle due to Sella by P=hwa in hereunder shall be paid U.S. Doliars by a wire transfer to be received by Seller on (the "Closing DsW) November 25, 2009 by 5:00 p.m. Seller's time, M follows: WORLD vnvAN -TAL CAPITAL BANK AM t .. Bl dkWy Naara WM D MAMMAL CAMAL sauna BmeaNa" ACCWM : # - This Bill of Sale is acecuted without recourse except as stated in the Credit Card Account Purchase Agreemed to which this is an Exhibit No other represnotation of or wammty of We or a>foreeability is expressed or implied. WORLD FINANCIAL CAPITAL BANK Br. Dxc- Date: ti (2,24101 PORTFOLIO RICO LLC Date: / 3 0 Title: GF' b Title ?U? 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 21 13 MAR 18 AM 10; j Norfolk, VA 23502 °�flMBEf��.A,'�D C�9.UN1'�' Attorneys for Plaintiff F'zr � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 No. 11-7955CIVIL Plaintiff V. RACHEL M GARTNER 279 TEXACO RD MECHANICSBURG PA 17050 Defendant PRAECIPE TO SETTLE DISCONTINUE AND END PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, DISCONTINUED AND ENDED. Respectfully submi , J PI—N 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 10-96049 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Carne 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. 11-7955CML V. RACHEL M GARTNER 279 TEXACO RD MECHANICSBURG PA 17050 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle Discontinue and End upon RACHEL M GARTNER,by First Class Mail, Postage Pre-Paid, a copy thereof on this day of , 2013, to: RACHEL M GARTNER 279 TEXACO RD, MECHANICSBU tA 17 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 10-96049 Attorneys for Plaintiff This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for this purpose.