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Home My WebLink About12-0266SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ¢+?rttr ri -1 Jody S Smith ug 4' Chief Deputy Richard W Stewart p?SYL??N?Q Solicitor Portfolio Recovery Associates, LLC Case Number vs. 2012-266 Christine Beaston SHERIFF'S RETURN OF SERVICE 02/02/2012 08:56 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2012 at 2056 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Christine Beaston, by making known unto herself personally, at 127 Tower Circle, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. DEN KS FRY, DEPU SHERIFF COST: $34.00 February 03, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF p GeuntySuite Sheriff. I elecsuft, l11c COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION --LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff Z Z ; ;Z; t V. No. 12-266 CHRISTINE L. BEASTON .Z: cu N r 127 Tower Circle Carlisle, PA 17013 Defendant C- -- Notice to Plead To: Portfolio Recovery Associates, LLC You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment main entered against you,. Christine L. Beaton Answer and New Matter 1. 2. 3. 4. 5. 6- 7. Defendant, Christine L. Beaston, answers the Complaint filed in this action as follows: Defendant admits everything is true. Defendant admits everything is true. Deny. Defendant is as of this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof thereof. Deny. Defendant states the following in response: Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Deny. Defendant states the following in response: Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Deny. Defendant states the following in response: Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Deny. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Answer and New Matter Page 1 of 3 8. Deny. Defendant states the following in response: Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Defendant doesn't know if the rest of the information in paragraph 8 of the Complaint is true or false. Defendant has no way to figure out if the rest of the information is true or false. Since she doesn't know if it is true or false, she denies that the rest of the information is true. She demands that Portfolio Recovery Associates, LLC should be required to prove the rest of the information is true at a hearing. 9. Deny. Defendant states the following in response: Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 10. Deny. Defendant states the following in response: Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 11. Deny. Defendant states the following in response: Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. WHEREFORE, Defendant, Christine L. Beaston, requests this Court to enter a judgment in her favor and against Portfolio Recovery Associates, LLC. New Matter First Defense: Lack of Standing 12. Defendant repeats all the statements in the previous paragraphs as if typed in full here. 13. Defendant never signed a contract or other papers with Portfolio Recovery Associates, LLC in which agreed or promised to pay Portfolio Recovery Associates, LLC for any debt. 14. Unless Portfolio Recovery Associates, LLC can show how it became the owner of Defendant's account, and show the legal paperwork to prove it, the court must dismiss this case against the Defendant. WHEREFORE, Defendant, Christine L. Beaston, asks the Court to: Enter a judgment in her favor and against Portfolio Recovery Associates, LLC; and Grant: any other relief as the Court deems just and proper. Second Defense: Disputed amount 15. Defendant repeats all the statements in the previous paragraphs as if typed in full here. Answer and New Matter Page 2 of 3 16. Defendant disputes the amount that Portfolio Recovery Associates, Ll-C says Defendant owes. 17. Defendant believes the amount is wrong because: a) the fees (like late and over-limit fees) are too much or should riot have been added; b) the amount of interest, or the rate of interest, is too high; C) there are no calculations or enough information to prove how much Defendant owes 18. Portfolio Recovery Associates, LLC must provide proof of the exact amount Defendant owes by presenting evidence of what charges were made and how the amount was calculated. WHEREFORE, Defendant, Christine L. Beaston, asks the Court to: Enter a judgment in her favor and against Portfolio Recovery Associates, LLC; and Grant any other relief as the Court deems just and proper. Verification I verify that the facts stated in this Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements in this Motion are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. J, Date: Christine L. Beasto 127 Tower Circle Carlisle, PA 17013 Answer and New Matter Page 3 of 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA'? " _. . P?€ 1• P PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff NO: 12-C=26 ?t., ,al, vs. CHRISTINE L. BEASTON, Defendant CIVIL ACTION - LAW REPLY TO NEW MATTER AND NOW, TO WIT, this ,A day of 11y' , 2012, comes the ,I Plaintiff, Portfolio Recovery Associates, LLC, by and through its attorneys, and files the following Reply to New Matter as a statement herein: 12. Paragraph 12 is an inclusion paragraph to which no response is necessary. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 13. Denied. The allegations contained in Paragraph 13 are a conclusion of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 14. Denied. The allegations contained in Paragraph 14 are a conclusion of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 15. Paragraph 15 is an inclusion paragraph to which no response is necessary. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 16. Denied. The allegations contained in Paragraph 16 are a conclusion of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 17. Denied. The allegations contained in Paragraph 17 are a conclusion of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 18. Denied. The allegations contained in Paragraph 18 are a conclusion of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter and enter judgment in favor of Plaintiff and against Defendant, along with the allowable costs of this action, and such further relief as the Court deems appropriate. Respectfully submitted, i' By. Carrie A. Brown PAID 94055 Portfolio Recovery Associates, LLC w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff : NO: 12-C-266 VS. : CIVIL ACTION - LAW CHRISTINE L. BEASTON, Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Reply to New Matter upon counsel for the Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on this _L day of ?9 2012: Christine L Beaston 127 Tower Circle Carlisle, PA 17013 'S7 By: Carrie A. Brown PA.ID 94055 Portfolio Recovery Associates, LLC 140 Corporate Drive Norfolk, Va 23502 1-888-772-7326 ext 18382