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Home My WebLink About12-3440Rbbert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC i! - , 140 Corporate Blvd. - r i • _ ?'` ' `.: "''t , _ Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff g ''F RI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. (? 23502 No. 1 ?. 3 L Norfolk, VA l5 t Plaintiff V. LYNN BRETT 115 CHARLOTTE WAY APT 301 ENOLA PA 17025 Defendant NOTICE 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 a,?? 1b3. ?S?,d a This communication is from a debt collector and is an attempt to collect a debt. ?k. 11(p R ?O`;' Any information obtained will be used for that purpose. 17 R -) O 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: 757-5 l 8-0860 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. LYNN BRE'T'T 115 CHARLOTTE WAY APT 301 ENOLA PA 17025 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 action 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 11his communication is from a debt collector anti is an attempt to collect ?t dcbt. Ti infor nation obtaiticd will be used f-or 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. LYNN BRETT 115 CHARLOTTE WAY APT 301 ENOLA PA 17025 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. Defendant LYNN BRETT, is an adult individual with last known address of 115 CHARLOTTE WAY APT 301, ENOLA PA 17025. It is averred that Defendant was indebted to GE MONEY BANK F.S.B. / QVC RECEIVABLES on September 13, 2004 with account number ************3963 (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. This, c0ti1ttauxtication is from a debt collector and is an attempt to collect a debt. Any in:lbrination ohtaMcd will be used fir tltat pugiose. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. 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 November 17, 2009. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK F.S.B. / QVC RECEIVABLES 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 $1,374.27. 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, LYNN BRETT, in the amount of $1,374.27, plus costs of this action and any other relief as the Court deems just and reasonable. i Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-79116 This C????MMUllication is from a debt collector and is at7 attempt to collect a debt, any in6onnation obtaiiicd tivlll be Usecl for flat purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Mar 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 unswom falsification to authorities. Date APR 2 Q 2017 C? a,---x, Iry L. Moore Custodian of Records 11-79116 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: ************3963 LYNN BRETT Account Holder: LYNN BRETT 115 CHARLOTTE WAY APT 301 ENOLA PA 17025 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 GE MONEY BANK F.S.B. / QVC RECEIVABLES Portfolio Recovery Associates, LLC ************3963 September 13, 2004 November 17, 2009 June 21, 2010 $1,374.27 July 29, 2011 Balance at Charge-Off., $1,374.27 Less Payments: $.00 Balance Due: $1,374.27 11-79116 GECL92 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 , Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: 1. 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. / QVC RECEIVABLES ("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 July 29, 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 LYNN BRETT ("Debtor") to the Account Seller the sum of $1,374.27 with the respect to account number (************3963), as of June 21, 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 $1,374.27 as due and owing as of the date of this affidavit. folio Recovery Associates, LLC C? V r?? Mary L. Moore , Custodian of Records to before me on AP "(# 2012 , 2012 Notary Public 11-79116 \ Ayiesha N. King J Commonwealth of Virginia !JJ Notary Public Commission No. 7509711 My Commission Expires 0513112015 This colnznunication is from a debt collector and. is an attempt to collect a debt. Any intonnation obtained will be used fior that purpose. GE Money Bank BILL of SALE PRA 120-day Mid Prime - July 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 July 19, 2011, and as further described in the Agreement. GE Money Bank t BY Title: CFO Retailer Credit Services Inc By: 7* ml Title: President General Electric Capital Corporation By: Title: Vice President GErw/W 94Z 1.c 2 GE Money Bank BILL of SALE PRA 120-day Mid Prime - July 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 July 19, 2011, and as further described in the Agreement. GE Money Bank By: Title: CFO Retailer Credit Services Inc By: Title: President General Electric Capital Corporation By. ?- Title: Vice President GECL9Z Z of 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??a?lh c1 ?Urrr??rf??? OFXICE i?P THE 9.4EVFF P, ?r? r? ?., ,., 25 I' ;'LtA Portfolio Recovery Associates, LLC vs. Case Number Lynn Brett 2012-3440 SHERIFF'S RETURN OF SERVICE 06/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on June 21, 2012 at 0810 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lynn Brett. After several attempts an adult male representing himself to be the Defendant's brother advised Deputies Lynn Brett was just released from the hospital, she is filing bankruptcy and he would not open the door for service. SHERIFF COST: $73.00 SO ANSWERS, June 21, 2012 RON R ANDERSON, SHERIFF ,;G Countysuile Shentt, Teleosett, Inc ND. O IN THE COURT OF COMMON PLEAS OF CUMBERLAVANIA ;,i 2? j AtIG -2 AM 1?? 40 PORTFOLIO RECOVERY ASSOCIATES, LLC Gtl Y v??A 120 Corporate Blvd Norfolk, VA 23502 NO. 12-3440 Plaintiff V. CIVIL ACTION - LAW Lynn Brett 115 Charlotte Way Apt 301 Enola, PA 17025 Defendant(s) SUGGESTION OF BANKRUPTCY AND NOW, comes Plaintiff by and through its attorney, Robert N. Polas, Jr., and would show Court: 1. A petition has been filed for relief under Title 11, United States Code, in the United Bankruptcy Court which bears the case number 12-03706. 2. Relief was ordered on June 22, 2012. 3. This action is founded on a claim from which a discharge would be a release or that seeks impose a charge on the property of the estate. 4. This is for informational purposes only, and does not constitute a notice of appearance by 1 undersigned. WHEREFORE, Plaintiff suggests that this action has been stayed by operation of 11 U.S.C. § 362. Respectfully Submitt Bv: Carrie A. Brown, Esquire, ID # 94055 Mark R. Garvey, Esq. #312686 Robert N. Polas, Jr., Esquire, ID # 201259 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, Va 23502 1-866-428-8102 Fax: 757-518-0860 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe was served this day of July, 2012 by same in the Post Office, first class mail, postage prepaid, addressed as follows: Dorothy L. Mott, ESQ. 125 State St Harrisburg, PA 17101, Carrie A. Brown, Esquire, ID # 94055 Mark R. Garvey, Esq. #312686 Robert N. Polas, Jr., Esquire, ID # 201259 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, Va 23502 1-866-428-8102 Fax: 757-518-0860 11-79116