HomeMy WebLinkAbout11-7957Robert 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.
AMY RUSSELL
11 SCHOOLHOUSE RD
NEWVILLE PA 17241
ASSOCIATES, LLC
Plaintiff
Defendant
NOTICE
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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.
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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.
AMY RUSSELL
11 SCHOOLHOUSE 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 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 lei,, communication is front a debt collector and i5 an attempt: (o collect z) debt.
Any information obtained will he uNed 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.
AMY RUSSELL
11 SCHOOLHOUSE 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 AMY RUSSELL, is an adult individual with last known address of 11
SCHOOLHOUSE RD, NEWVILLE PA 17241.
It is averred that Defendant was indebted to GE MONEY BANK, F.S.B. / THE GAP on December
17, 2002 with account number ************1181 (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.
l i . ,.:ommimication is from a debt collector and is art atternpt tip C{-)Ile
A.nv iitfonuation d+tained gill be used tat fliat 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.
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 16, 2010.
Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK, F.S.B. / THE
GAP 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
$1,284.85.
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, AMY RUSSELL, in the amount of $1,284.85, plus costs of this action
and any other relief as the Court deems just and reasonab .
Robert N. Polas Jr., Esquire # 201259
Carrie A. Brown, Esquire # 94055
11-00565
)lulr unicatiot is 1roni a debt collector and is kill attennt)t collect a debt.
Ain, information c;btaitted will be used f6j, that ,_
VERIFICATION
The undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
AWHollenbeck 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 : By:
Custod an Records
11-00565
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: ************1181
AMY RUSSELL
Account Holder:
AMY RUSSELL
11 SCHOOLHOUSE RD
NEWVILLE PA 17241
Consumer Account Product Code: PVT
Issuer: GE MONEY BANK, F.S.B. / THE GAP
Assignee: Portfolio Recovery Associates, LLC
Account Number: ************1181
Date Account Opened: December 17, 2002
Date of Last Payment: February 16, 2010
Date of Charge Off: September 24, 2010
Balance at Purchase: $1,284.85
Purchase Date: October 28, 2010
Balance at Charge-Off: $1,284.85
Less Payments: $.00
Balance Due: $1,284.85
11-00565
GECJ42
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, TanyaHollenbe& , 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 GE MONEY BANK, F.S.B. /
THE GAP ("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 October 28, 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 AMY RUSSELL ("Debtor") to the Account
Seller the sum of $1,284.85 with the respect to account number (************1181), as of September 24, 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 $1,284.85 as due and owing as of the date of
this affidavit.
Portfolio Recovery Associates, LLC
4A
By: T , Custodian of Records
Subscribe nd sworn to before me ont of , 2011
tary Public Rochelle Beyer
Commonwealth of Virginia
Notary Public
11-00565 Commission No. 7500443
My Commission Expires 6/30/2015
ll „g, t, is f oi)i a debt collector and is an attempt to Collect a debt,
to r its c=t<< , i C, it I will be used for that purpo e°.
0 •
0 GE Money Bank
BILL of SALE
PRA Fresh - October 2010
For value received and in further consideration of the mutual covenants and conditions
set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement"), dated
the 10th day of June, 2010 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 October 19, 2010, and as
further described in the Agreement.
GE Money Bank
f
By:
Title: CFO
Retailer Credit Services Inc
By:
Title: President
General Electric Capital Corporation
By:
Title: Vice President
0 GE Money Bank
BILL of SALE
PRA Fresh - October 2010
For value received and in further consideration of the mutual covenants and conditions
set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement'), dated
the 10`h day of June, 2010 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 October 19, 2010, and as
further described in the Agreement.
GE Money Bank
By:
Title: CFO
Retailer Credit Services Inc
By:
Title: President
General
By:
Title:
DDavidED. (Buell
Prothonotary
Office of the Trothonotoy
Cum6er[and County, Pennsy[vania
CirkS. Sofionage, ESQ
Solicitor
79S7 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHO NOTARY
One courthouse Square 0 Suite100®CarlisCe, 2hone 717 240-6195 0 rfax 717 240-6573