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Home My WebLink About12-3268Blatt, Hasenmiller, Leibsker & mparJ,14.?. Morris Scott Attorney I.D. #83587 1835 Market Street, Suite 001, Philadelphia, PA 19103 800-850-1079 Attorney for Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, vs. SHARON MYERS 211 CHESTER RD ENOLA PA 17025-2614 Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. Ja •3a6 ?Vl) NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and 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 for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 S-tA a 2648411 PPTCPADI C`L{ 7?I AVISO Le han demandado a usted en la corte. Si usted quiere defen derse de estas demandas expuestas en las paginas siguientes, usted tiene veinte dias de plazo al partir de la fecha de la demanda y la notificacion. Hase falta ascentar una comparencia escrita o en persona o con un aboga do y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisa do que si usted no se de fiende la corte tomara medidas y puede continuar la demanda en contra suva sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propieda des u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAIL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 267-2032 Blatt, Hasenmiller, Leibsker & Moore, LLC Morris Scott Attorney I.D. #83587 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 Attorney for Plaintiff, Vill 12, 1?'s YI..VA14IA PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC vs. SHARON MYERS 211 CHESTER RD ENOLA PA 17025-2614 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION No. Defendant(s). COMPLAINT Plaintiff PORTFOLIO RECOVERY ASSOCIATES LLC, claims as follows: 1. The Defendant(s), SHARON MYERS, is a resident of Cumberland County, Pennsylvania. 2. The Defendant(s) obtained extensions of credit with GE MONEY BANK, (Original Credit Grantor) agreeing to make monthly payments as required by the terms of the account, for purchases charged to the account. 3. The Defendant(s) did make purchases and charged same to the account but failed to make the monthly payments called for on the account. There is a balance due and owing of $1600.07. 4. Plaintiff is the successor in interest of said account having purchased the account in the regular course of business in good faith and value. 5. Plaintiff declared Defendant(s) to be in default and demands payment of the balance. 2648411 PPTCDBCI WHEREFORE, the Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC, prays for judgment in its favor and against Defendant(s), SHARON MYERS in the amount of $1600.07, plus costs. Respectfully submitted, PORTFOLIO RECOVERY ASSOCIATES LLC a??p O of its Attorneys Morris cott Attorney I.D. #83587 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 (800) 850-1079 Dated: May 10, 2012 VERIFICATION the undersigned attorney for the Plaintiff, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief, based upon information provided by the Plaintiff, that the Plaintiff is presently located outside of this jurisdiction, and that in order to file the within document in an expedient and timely manner I am authorized to sign this verification on behalf of the Plaintiff. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. PPTXVERI Blatt, Hasenmiller, Leibsker & Moore, LLC Morris Scott Attorney I.D. #83587 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 Attorney for Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, vs. SHARON MYERS 211 CHESTER RD ENOLA PA 17025-2614 Defendant(s). AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: County of Chester: I, Morris Scott, being duly sworn according to law, depose and say I am the attorney for Plaintiff and I am authorzied to make this affidavit on Plaintiff's behalf. I hereby certify that the Defendant is at least 18 years of age and not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Servicemembers' Civil Relief Act of 2004 and any amendments thereto. I also herby certify that the statements made in the foregoing Affidavit of Non-Military Service are true and correct to the best of my information, knowledge, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. unsworn falsification to authorities. Dated: May 10, 2012 By: BLATT, HASENMILLER, LEIBSKER & MOORE, LLC 6? - Morris Scott 2648411 PPTJCAMI 11111111111111111111111111 111111111IIIIIVIIIVIIIVIII IIII IIII Exhibit "A" PPTXEXAI D 64S 411 VERIFICATION (To be used by a person associated with the present creditor) I, Lfflile- 1 02hv , hereby verify that: 1. 1 am employed by Portfolio Recovery Associates, LLC as Custodian of Records and am authorized to make this Verification on behalf of Portfolio Recovery Associates, LLC. Portfolio Recovery Associates, LLC is the successor in interest to GE MONEY BANK, F.S.B./SAMS CLUB. 2. 1 reviewed the following [ ](a) computerized documents; [ ](b) hard copy documents; and [x] (c) other (specify)Account Records relating to Account number: ending in 3719. The foregoing Account of Seiler/Merchant was opened on 6/9/2006 in the name of SHARON MYERS. The accounts/documents that I reviewed were produced by GE MONEY BANK, F.S.B./SAMS CLUB. 3. Based on my review of the foregoing documents, there is due and payable the principal sum of $1,600.07. This sum includes the following (check all that are appropriate): [x] interest; [x] late fees; [ ] collection fees; and [x] any other additional fees permitted under the terms of the agreement with the debtor named in paragraph 2 above and GE MONEY BANK, F.S.B./SAMS CLUB. This sum does not include the following (check all that are appropriate): [ ] interest; [ ] late fees; [x] collection fees; and [ ] any other additional fees permitted under the terms of the agreement with the debtor named in paragraph 2 above and GE MONEY BANK, F.S.134SAMS CLUB. 4. Based on my review of the foregoing documents, there are no payments that have not been credited. 5. The facts set forth in this Verification are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties for making an unsworn falsification to authorities in violation of 18 Pa. C.S. §4904. DATE No e, CUSTODIAN 'i Blatt, Hasenmiller, Leibsker & Moore, LLC Morris Scott Attorney I.D. #83587 1835 Market Street, Suite 501 Philadelphia, PA 19103 215-564-1567 Attorney for Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, VS. SHARON MYERS 211 CHESTER RD ENOLA PA 17025-2614 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION `°, No. PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTIFF PORTFOLIO RECOVERY ASSOCIATES LLC. Papers may be served at the address set forth below: Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Telephone Number: 1-215-564-1567 Dated: May 10, 2012 BLATT, HASENMILLER, LEIBSKER & MOORE, LLC By: 6? Morris Scott Attorney 2648411 PPTXPEAI 11111N1N11111NIN11111Nil 111111111111111111111111IIII SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson J , Sheriff f r ; Jody S Smith 4t??tr t?i ?attrbrrr ^µ • t Chief Deputy Richard W Stewart " Ur DERLA `;D LOU'*,' Solicitor Et-, N S ?1 LVA N Portfolio Recovery Associates, LLC vs. Case Number Sharon B. Myers 2012-3268 SHERIFF'S RETURN OF SERVICE 05/31/2012 07:00 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 31, 2012 at 1900 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sharon B. Myers, by making known unto Shawn Myers, Son of Defendant at 211 Chester Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.00 June 04, 2012 STEPHEN BENDER,DEPLITY SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, TeleosoR, Inc. SHARON MYERS 2 11 Chester Road Enola, PA 17025 (717) 576-4983 Defendant in Proper Person S I IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA -a3 IN AND FOR CUMBERLAND COUNTY t*1 1 CIVIL DIVISION PORTFOLIO RECOVERY ASSOCIATES, LLC., c/o BLATT, HASENMILLER, LEBISKER & MOORE, LLC. V. Plaintiff. SHARON MYERS. Defendant, ?r -C D? =o Docket Number: 12-3268 Clvlt ANSWER OF DEFENDANT ?nlf N 1 C- N ?fib tD CD , --t r., p N ' Defendant SHARON MYERS answers the Complaint of PORTFOLIO RECOVERY ASSOCIATES, LLC. as follows: L The Defendant admits the allegations of paragraph 1 of the Complaint. 2. The Defendant admits the allegations of paragraph 2 of the Complaint. 3. Answering Paragraph 3, the Defendant denies that she failed to make all monthly payments as she made some of the monthly payments. Further, the Defendant requires proof of the alleged agreement upon which the Plaintiff is relying, as the Defendant does not recall agreeing to the fees that the Plaintiff is trying to collect. 4. The allegations made in Paragraph 4 are beyond the purview or reasonable knowledge of the Defendant. The Plaintiff has the obligation of proving that they are the rightful owners of the alleged debt. 5. The allegations made in Paragraph 5 are beyond the purview or reasonable knowledge of the Defendant. Further answering: 6. The Plaintiff has an affirmative duty to prove the ownership of the account and the alleged debt. If the Plaintiff cannot prove such ownership, then this matter should be dismissed with prejudice. 7. The Plaintiff has an affirmative duty to prove the amount of the debt. If the Plaintiff cannot prove the amount of the debt, this matter should be dismissed with prejudice. 8. The answering Defendant alleges that the amount claimed by Plaintiff has been inflated to include improper over-limit charges, finance charges and late payment fees inappropriately charged by Plaintiff. Defendant submits that these charges are unconscionable and to allow Plaintiff to collect these amounts would be inequitable, and that the extra fees and costs applied by Plaintiff created an impossibility ofperfbrmance. 9. Defendant denies that Plaintiff is entitled to collect these sums under any contract with Plaintiff. 10. Defendant contends that Plaintiff has charged excessive interest, late fees and penalties, and that there is no enforceable contract between the parties that would allow Plaintiff to recover the amounts already Pagel of 3 charged. 11. Defendant contends that the above referenced fees should be discharged in their entirety. Defendant denies Plaintiff is entitled to recover the interest that was rolled into the amount sought by Plaintiff, and demands an accounting of how it came to the amounts prayed for in the complaint. WHEREFORE the Defendant requests: I . That Plaintiff take nothing by way of the complaint: 2. That Defendant(s) recover costs, and reasonable attorney fees, if incurred; 3. That Plaintiff be required to specifically prove all allegations in this action, including ownership of the alleged debt, the existence of an enforceable contract containing the interest rate and fees applied to this account, and the amount of the alleged debt; 4. That the Plaintiff be awarded no attorney's fees or cost of suit; 5. That no derogatory information appear on the Defendant's credit record as a result of this law suit; and, 6. That the Court award such other and further relief as the nature of this case may require. VERIFICATION The Defendant verifies that the statements made herein are true and correct based upon her knowledge, information and belief. The statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. r )11),q I SHARON MYERS 211 Chester Road Enola, PA 17025 (717) 576-4983 Defendant in Proper Person Page 2 of 3 CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFY that on this A/ day of 2012, a copy of the foregoing pleading was mailed, first-class, postage pre-paid to: Morris Scott, Esq. BLATT, HASENMILLER, LEBISKER & MOORE, LLC. 1835 Market Street, Suite 501 Philadelphia, PA 19103 Attorneys for Plaintiff SHARON MYERS This document was prepared by, or with, the assistance of Daniel S. Harris, Esq., an attorney licensed in PA and NV and employed by Consumer Law Associates, LLC / Consumer Law Associates, LLP (CA MI) / Consumer Law Associates, PLLC (NC) - 972-239-4804, and acting in an unbundled capacity. This client is representing themself pro se in this litigation, and the Court and opposing counsel should mail copies of all litigation documents and correspondence, including notices of rescheduled hearings, to the pro se party. Page 3 of 3 Blatt, Hasenmiller, Leibsker & Moore, LLC Morri Scott Attorney I.D. #83587 1835 (Market Street, Suite 501 Phila Iphia, PA 19103 800-890-1079 Attorney for Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC PORTFOLIO RECOVERY ASSOCIATES LLC c/o BI 'tt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, vs. SHARON MYERS 211 CHESTER RD ENOLA PA 17025-2614 Defendant(s). IN THE COURT OF COMMON P 4S? CUMBERLAND COUNTY PA 7) -° }? , r-- n CIVIL ACTION C:) C - c? No. 12-3268-CIVIL ? = , - PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly WITHDRAW the Complaint filed in the above-captioned matter, WITHOUT prejudice. Dated: August 29, 2012 264 411 PP JPWCI III Nil IININIIIIIIIIIIIIIINIlI?IIININNIIIIIIIII Respectfully submitted, BLATT, HASENMILLER, LEIBSKER & MOORE, LLC 1 By: Morris Scott