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HomeMy WebLinkAbout12-2900Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC - 140 Corporate Blvd. L ry Norfolk, VA 23502 TELE: 1-866-428-8102 v 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. TERESA ANDERSON 28 CEDAR CLIFF DR CAMP HILL PA 17011 ASSOCIATES, LLC Plaintiff Defendant NOTICE No. ?. a-l o Lt 1,9". 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. 6? aM ?1p3a? Ck-tk I ?os?a ?a 7 y 9y9 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. TERESA ANDERSON 28 CEDAR CLIFF DR CAMP HILL PA 17011 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 elate 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 "l"HS c017111ILinication is from a debt collector and is at! attempt to collect a Anv information obtained Nvilfbc 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. TERESA ANDERSON 28 CEDAR CLIFF DR CAMP HILL PA 17011 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 TERESA ANDERSON, is an adult individual with last known address of 28 CEDAR CLIFF DR, CAMP HILL PA 17011. 3. It is averred that Defendant was indebted to GE MONEY BANK F.S.B. / JC PENNEY on March 19, 1996 with account number ************4876 (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. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. "14 i COMMLIMCill.I Oil is (i E ni z alt bt collector and is an f ti:crttpi t o collect ;_ e h?. / Ilv infarination oblaMed will bC Used 1'or 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 March 16, 2010. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK F.S.B. / JC PENNEY 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 $4,541.47. 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, TERESA ANDERSON, in the amount of $4,541.47, plus costs of this action and any other relief as the Court deems just and reaso r? Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-61574 Thi-, coin nunicatioti is from a debt eolleetor and is an attempt to cotlect a deb!. a ny information_ obtained x?ill be used fo - that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Mary L. Moore 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 : APR A A 2Q92 11-61574 MarY L. Moore Custodian of Records 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 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************4876 TERESA ANDERSON Account Holder: TERESA ANDERSON 28 CEDAR CLIFF DR CAMP HILL PA 17011 Consumer Account Product Code: PVT Issuer: GE MONEY BANK F.S.B. / JC PENNEY Assignee: Portfolio Recovery Associates, LLC Account Number: ************4876 Date Account Opened: March 19, 1996 Date of Last Payment: March 16, 2010 Date of Charge Off: August 19, 2010 Balance at Purchase: $4,541.47 Purchase Date: June 30, 2011 Balance at Charge-Off: $4,541.47 Less Payments: $.00 Balance Due: $4,541.47 11-61574 GECL51 This communication is from a 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, Mary L. Moore 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 GE MONEY BANK F.S.B. / JC PENNEY ("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 June 30, 2011. 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 TERESA ANDERSON ("Debtor") to the Account Seller the sum of $4,541.47 with the respect to account number (************4876), as of August 19, 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 $4,541.47 as due and owing as of the date of this affidavit. Portf io Recovery Associates, LLC By: - I Mary , Custodian of Records 16 z0112012 Subs(,,,, ed d swoof d r11-61574 ?- Erin L. Carr commonwealth of Vfr9inia Notary Public Commission No. 7509898 My Commission Expires 713112015 ['his communication is From a debt collector and is are. attempt to collect a debi. i,y in"ormatioi, obtained will be used `()r that ptirpose. text =s CR10 , get coupons sent to your phone, to52 , quick, easy. paperless. t.; <- may include ads and alerts. standard text message fees from your carrier may apply. XPenney Previous Balance $4,541.47 New Balance $0.00 - Other Credits $4,541.47 Minimum Payment This Period $1,153.00 New Balance $0.00 Amount Past Due $O. DO Total Minimum Payment Due $1,153.00 Credit Limit $5,500.00 Payment Due Date 08!22!2010 Available Credit None Late Payment Waming:llwe do not receive your minimum Statement Closing Date 08/19!2010 payment by the date listed above, you may have to pay a late Days in Billing Cycle 28 fee up to $35.00. TERESA M ANDERSON Visit us at jcp.com/credit Account Nunibe?7 61 Customer Service: 1-800-527-3369 P.O. Box 981131 El Paso TX 79996-1131 Tran Balance Date Reference Number Type Description of Transaction or Credit Amount D8119 F91190OKP00999990 R CHARGE OFF ACCOUNT-PRINCIPALS ($4,078.52) 08119 F9119DDKP00999990 R CHARGE OFF ACCOUNT -FINANCE CHARGES' ($462.95) FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED D8/19 INTEREST CHARGE ON PURCHASES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2010 Totals Year-to-Date Total Fees Charged in 2010 $70.00 Total Interest Charged in 2010 $684.82 Merest Charge Calculation our Annual Percentage Rate (APR) is the annual interest rate on your account Annual Balance Expiration Percentage Subject To Interest Balance ype of Balance Date Rate Interest Rate Charged Method 'egular NA 26.99% $0.00 $0.00 E PLEASE NOTE YOUR MAILED PAYMENT MUST BE RECEIVED BY 5 P.M. (ET) OR YOUR IN-STORE PAYMENT MUST BE RECEIVED DURING STORE HOURS ON THE DUE DATE. NOTICE: Your payment may be converted into an electronic debit. See reverse for details, Billing Rights Information and other important information- _.I PLEASE DETACH AND RETURN THIS STUB WITH YOUR CHECK PAYABLE TO GEMB. Account Numbe?7 61 Total Mlnlmum Amount Past Due Payment - New Balance - Payment Due Due Date $1,153.00 $0.00 08/22/2010 $0.00 N'I r FILL IN TOTAL PAID $ ? ? ? ? ? . ? ? III'?I'lII'If I??II ?'"" f NI New address or email? Print changes on the back. TERESA M ANDERSON 28 CEDAR CLIFF DR CAMP HILL PA 17011-7601 P.O. Box 960090 Orlando FL 32896-0090 5431 A1H 1 5 19 100819 Z DPAGE I of 1 9119 0800 D165 CIDS5433 GE Money Bank BILL of SALE PRA 120-day Mid Prime - June 2011 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 20th day of December 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 June 19, 2011, and as further described in the Agreement. GE Money Bank By: 1 G?2? --- Title: CFO Retailer Cred' Services Inc By: Title: President General Electric Capital Corporation By: Title: Vice President GEWC LW51 Iff 9 BILL of SALE PRA 120-day Mid Prime - June 2011 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 20th day of December 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 June 19, 2011, and as further described in the Agreement. GE Money Bank By: Title: CFO Retailer Credit Services Inc By: Title: President General Electric Cap By: _ \A ?) ?, Title: Vic Presi ent GE Money Bank Corporation GEC45/ 2-st 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor iy ?11 !' PENNSYL'4'ANIA Portfolio Recovery Associates, LLC vs. Teresa Anderson Case Number 2012-2900 SHERIFF'S RETURN OF SERVICE 05/15/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Teresa Anderson, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Teresa Anderson. Request for service at 28 Cedar Cliff Drive, Camp Hill, Pennsylvania 17011 the Defendant was not found. Deputies were advised, Teresa Anderson is thought to be residing at 1740 Rock Cliff Drive, Martinsburg, West Virginia 25401. SHERIFF COST: $48.00 SO ANSWERS, May 17, 2012 RON R ANDERSON, SHERIFF (c) CcuntySuite ShenN, Teleosoft. Inc. Carrie A. Brown, Esquire I E OTHONOT R ,, Robert N. Polas Jr, Esquire Attorney ID # 94055/201259 Portfolio Recovery Associates, LLC 2012 JUN Zg AM 10. 14 140 or Corporate Blvd. N VA 23502 Norfolk 0 RAND COUNTY , Attorneys for Plaintiff f'?N1?$YLVAt?iA -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff v. TERESA ANDERSON 28 CEDAR CLIFF DR CAMP HILL PA 17011 Defendant No. 12-2900 CIVIL PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. 11-61574 Respectfully Submitted, Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff This letter 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 Attorney ID # 94055/201259 Portfolio Recovery Associates, LLC 140 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 140 CORPORATE BLVD NORFOLK, VA 23502 V. TERESA ANDERSON 28 CEDAR CLIFF DR CAMP HILL PA 17011. Plaintiff No. 12-2900 CIVIL Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Dismiss upon TERESA ANDERSON, by First Class Mail, Postage Pre-Paid, a copy thereof on this Z day of 0Wv< 2-6/;,to: TERESA ANDERSON 28 CEDAR CLIFF DR, CAMP HILL PA 17011 Date: 11-61574 Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.