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Home My WebLink About12-2911Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC - 7 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 F Attorneys for Plaintiff ?;l f t :t ?r +?l Cr. tt 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. HEATHER KNIGHT TRAVIS BINNER 327 16TH ST NEW CUMBERLAND PA 17070 Defendant NOTICE No. r4 1( ON11 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. v atwt elo3.7Spla? CILA W .)q9 y9s? ?4 a7 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 9,4055 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, HEATHER KNIGHT 327 16TH ST NEW CUMBERLAND PA 17070 TRAVIS BIN(`lER 1027 DREXEL HILLS BLVD NEW CUMBERLAND PA 17070 Defendants 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 HONORAR.IO 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:mmnuiiicGati{art is i'ro n a debt collcoor afid is an 11tterllpt to collcct :a klcht. n.v tirf«rnnation obtained will be uscd t6r that puipo se. 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. HEATHER KNIGHT 327 16TH ST NEW CUMBERLAND PA 17070 TRAVIS BINNER 1027 DREXEL HILLS BLVD NEW CUMBERLAND PA 17070 Defendants COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. Defendants, HEATHER KNIGHT and TRAVIS BINNER, are an adult individuals with last known address of 327 16TH ST, NEW CUMBERLAND PA 17070. It is averred that Defendants were indebted to GENERAL ELECTRIC CAPITAL CORP / HH GREGG on November 10, 2010 with account number ************8425 (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, Defendants 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. ?'0111VT1 1111CAJofi is tt-o m zt, debt col(e for and 1a1 all attetnl?t to collect a "ic hl. Any infiormation obtained will be used fcjr that purpw.k , 5. At all relevant times material hereto, Defendants have used said Account for the purchase of products, goods and/or for obtaining services. 6. Defendants were 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 Defendants. 7. Defendants were in default with respect to that debt for failure to make the required payments on the Account. 8. Plaintiff is the purchaser, assignee and/or successor in interest GENERAL ELECTRIC CAPITAL CORP / HH GREGG 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 $1,838.31. 10. Despite reasonable and repeated demands for payment. Defendants have 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 Defendants, HEATHER KNIGHT,andTRAVIS BINNER, in the amount of $1,838.31, plus costs of this action and any other relief as th Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-74897 Vhi ? C0111t11unic° ition is ti-oni a debt col lwor «uid is Mi ztttclllpt to collect ,') dbl. :\c-tt- Hifio nation obtained will be w;cd fior that purpwe. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, itina SpeUn= 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 unworn falsification to authorities. Date : APR 112012 By: tuna S Custodian of Records 11-74897 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: ************8425 HEATHER KNIGHT TRAVIS BINNER Account Holders: HEATHER KNIGHT 327 16TH ST NEW CUMBERLAND PA 17070 TRAVIS BINNER 1027 DREXEL HILLS BLVD NEW CUMBERLAND PA 17070 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 GENERAL ELECTRIC CAPITAL CORP / HH GREGG Portfolio Recovery Associates, LLC ************8425 November 10, 2010 N/A June: 13, 2011 $1,838.31 June 27, 2011 Balance at Charge-Off: $1,838.31 Less Payments: $.00 Balance Due: $1,838.31 11-74897 GESL42 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, Itina Spellman 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 GENERAL ELECTRIC CAPITAL, CORP / HH GREGG ("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 27, 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 HEATHER KNIGHT and TRAVIS BINNER ("Debtor and Co-Debtor") to the Account Seller the sum of $1,838.31 with the respect to account number (************8425), as of June 13, 2011 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 $1,838.31 as due and owing as of the date of this affidavit. Portfolio Rec ery Associates, LLC B , Custodian of Records Subscribed and sworn to before me on Notary Public 11-74897 o1APR 12012 2012 Dionne E. Le6oy f Commonwealth of Vlrginla Notary Public Commission No. 7572855 My Commission Expires 1213112015 i°1ii,,; r:omrnumc atjoii is from a. debt collector awd is an <Ittelnpt tO Wilect a dept. u irt9'rrmrt loci oNamcd will be used ]or that [)urpw e. 86642013'2 09:25:39 06-30-2011 2/2 EXHIBIT A BILL OF SALE For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement (the "Purchase Agreement"), dated as of October 19, 2010 by and between GE Capital Corp. (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 Purchase Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Purchase Agreement), delivered by Seller to Buyer on each Transfer Date, and as further described in the Purchase Agreement. GE Capital Corp. By: Glenn Marino Title: VP Date: Cut-off Date Face Value # of Accounts Purchase Purchase Price Price Factor I $ } $ GkSL4Z SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?g?,uxr of ?u?brr??? C: OFFICE OF THE ?,iEPIFF ;? ;` OFF P , '!2 MAY 24 PM 1: S5 CnMBERLA140 CJU i , PENNSYLVANIA Portfolio Recovery Associates, LLC vs. Heather R. Knight (et al.) Case Number 2012-2911 SHERIFF'S RETURN OF SERVICE 05/18/2012 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Travis Binner, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Travis Binner. Request for service at 1027 Drexel Hills Boulevard, New Cumberland, Pennsylvania 17070 the Defendant was not found. The New Cumberland Postmaster has confirmed, Travis Binner has moved and left no forwarding address. 05/22/2012 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: Heather R. Knight, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Heather R. Knight. Request for service at 32716th Street, New Cumberland, Pennsylvania 17070 the Defendant was not found. Deputies were advised, Heather R. Knight has not resided at this address in over a year. However, The New Cumberland Postmaster is still delivering her mail to this address. SHERIFF COST: $88.00 May 22, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuae Shenff, Teleosoft. Inc. FILED-OFFICE Carrie A. Brown, Esquire T;fiflTllNOTAI?' iY_ Robert N. Polas Jr, Esquire Attorney ID # 94055/201259 2012 JUN 28 AM 10: 13 Portfolio Recovery Associates, LLC 140 Corporate Blvd. aU WRLAID COUNTY Norfolk, VA 23502 PENNSYLVANIA 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 v. HEATHER KNIGHT TRAVIS BINNER 327 16TH ST NEW CUMBERLAND PA 17070 Defendant No. 12-2911 CIVIL PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. 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 11-74897 This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. I 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 Plaintiff No. 12-2911 CIVIL V. HEATHER KNIGHT TRAVIS BINNER 327 16TH ST NEW CUMBERLAND PA 17070 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Dismiss upon HEATHER KNIGHT? b First Class Mail, Postage Pre-Paid, a copy thereof on this zz_- day of 20A, to: HEATHER KNIGHT 327 16TH ST, NEW CUMBERLAND PA 17070 Date: 11-74897 C e 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 Plaintiff No. 12-2911 CIVIL V. HEATHER KNIGHT TRAVIS BINNER 1027 DREXEL HILLS BLVD NEW CUMBERLAND PA 17070 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Dismiss upon TRAVIS BINNER, by First Class Mail, Postage Pre-Paid, a copy thereof on thisC,,JL_ day of , A?/? , 20? to: TRAVIS BINNER 1027 DREXEL HILLS BLVD, NEW CUMBERLAND PA 17070 Date: 11-74897 a G/ Carne 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.