HomeMy WebLinkAbout12-6104Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055 t s t. 'A, , _ 5 -
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Mark R. Garvey, Esquire PA Bar # 312686
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FAX: (757) 518-0860 L~{
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Attorneys for Plaintiff ~~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION -LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD
NORFOLK, VA 23502
Plaintiff,
v.
LUANN DOUGHERTY
911 OHIO AVE
LEMOYNE PA 17043
Defendant.
NOTICE
No, 1~-~ I ~~ ,U~ I
You have been sued in Court. If you wish to defend against the claims set forth in the following pages,
you must take action wihing 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
12-31881
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This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055
Mark R. Garvey, Esquire PA Bar # 312686
Portfolio Recovery Associates, LLC
120 Corporate Bivd
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
120 CORPORATE BLVD
NORFOLK, VA 23502
Plaintiff, No.
v.
LUANN DOUGHERTY
911 OHIO AVE
LEMOYNE PA 17043
Defendant.
NOTICIA
LISTED 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) dial 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.
LISTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI LISTED 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
12-31881
This communication is from a debt collector aa~d is an attempt to collect a debt.
r'~ny infol•mation obtained ~~-i11 be used for that pur~ase,
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055
Mark R. Garvey, Esquire PA Bar # 312686
Portfolio Recovery Associates, LLC
120 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
120 CORPORATE BLVD
NORFOLK, VA 23502
v.
LUANN DOUGHERTY
911 OHIO AVE
LEMOYNE PA 17043
Plaintiff, No.
Defendant.
COMPLAINT
1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with
offices located at 120 Corporate Blvd, Norfolk, VA 23502.
2. Defendant, LUANN DOUGHERTY, is an adult individual with last known address of 911 OHIO
AVE, LEMOYNE PA 17043.
3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / JC PENNEY on
December 13, 1978 with account number ************6519 (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.
'l:'lz.is comntuttication .is :t:ron~ a debt collector anti is an attempt to collect a c-Eebt.
~1ny information obtained ~~~ill be used for that pur~aose.
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 October 15, 2010.
8. Plaintiff is the purchaser, assignee and/or successor in interest GE CAPITAL RETAIL BANK / JC
PENNEY and Plaintiff is now the holder of the Account. A true and correct copy of the Plaintiffs
verification 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
$1,225.97.
l0.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 vo of
Plaintiff and against Defendant, LUANN DOUGHERTY , in the a ount f $1,225.97, p s cos of this
action and any other relief as the Court deems just and reasonabl .
Carrie A. Brown, Esquire, # 94055
Robert N. Polas, Jr., Esquire, #201259 ~-
Attorneys for Plaintiff
12-31881
"phis eom.nzttitication is lron~ a debt eol.lector and is an attempt to collect a debt.
tiny inf~~rmation obtained ti3"i11 be used fo~° that purpose.
VERIFICATION
(To be used by a person associated with the present creditorl
I~ Leanda Shipmon-Walker ,hereby verify that:
1. I am employed by Portfolio Recovery Associates, LLC as Custodian of Records and am authorized to
make this Verification on behalf of Portfolio Recovery Associates, LLC. Portfolio Recovery Associates,
LLC is the successor in interest to GS CAPITAL RETAIL HANK/JC PLNNLY.
2. I reviewed the following [ ](a) computerized documents; [ ](b) hard copy documents; and [x] (c) other
(specify)Account Records relating to Account number: ending in 6519. The foregoing Account of GE
CAPITAL RETAIL HANK/JC PENNSY was opened on 12/13/1978 in the name of LIIANN
DOIIGHERTY. The accounts/documents that I reviewed were produced by G$ CAPITAL RETAIL
BANK/JC PENNEY.
3. Based on my review of the foregoing documents, there is due and payable the principal sum of
$1,225.97. This sum includes the following (check all that are appropriate): [x] interest; [x] late fees; [
] collection fees; and [x] any other additional fees permitted under the terms of the agreement with
the debtor named in paragraph 2 above and GS CAPITAL RETAIL BANK/JC PENNEY. This sum
does not include the following (check all that are appropriate): [ ]interest; [ ]late fees; [x] collection
fees; and [ ]any other additional fees permitted under the terms of the agreement with the debtor
named in paragraph 2 above and G$ CAPITAL RETAIL BANK/JC PENN'EY.
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.
SEP 0 5 2012
DATE
. -
12-31881-5326
~ "'~ ~Cef CUSTODIAN
EXHIBIT A
"~f'Iris eomniun.ication is :Crone a debt collector and is an attempt to eol.teet a debt.
_!lnv information obtained r~-il1 be lased for that purpose.
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 Corporate Blvd
Norfolk, VA 23502
Telephone: 1-866-428-8102
Fax: (757) 518-0860
Statement of Account
Account: ************6519
LUANN DOUGHERTY
Account Holder:
LUANN DOUGHERTY
911 OHIO AVE
LEMOYNE PA 17043
Consumer Account Product Code: PVT
Issuer: GE CAPITAL RETAIL BANK / JC PENNEY
Assignee: Portfolio Recovery Associates, LLC
Account Number: ************6519
Date Account Opened: December 13, 1978
Date of Last Payment: October 15, 2010
Date of Charge Off: April 19, 2011
Balance at Purchase: $1,225.97
Purchase Date: February 29, 2012
Balance at Charge-Off: $1,225.97
Less Payments: $.00
Balance Due: $1,225.97
12-31881
GECN77
This communication is from a collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
GECN77
i r
GE Mone y Bank
BILL of SALE
PRA 120-day Mid Prime - February 2012
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 as of the 20`h day of December, 2011 by and between General
Electric Capital Corporation, GE Money Bank, GEMB Lending, Inc., Monogram Credit
Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. (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 each Transfer Date, and as further described in the Agreement.
General Electric Capital Corporation
GEMB Lending. Inc.
13y:
Title: Glenn Marino-Vice President
GE Capital Retail Bank
By: -~~ r
Title: Glenn Marino-EVP
RFS Holding. L.L.C.
By:
Title: Stephen Motta-Director
Munogram Credit SCr~ ices. L.L.C.
l.~
Title: Glenn Marino-President
GEM Holding, L.L.C.
By:
Title: Vishal Gulari-CFO Title: Vishal Gulati-CFO
i ~
' GE Money Bank
BILL of SALE
PRA 120-day Mid Prime - February 2012
For value received and in further consideration of the muriial covenants and
conditions set forth in the Forward Flow Receivables Purchase Agreement (the
"Agreement"), dated as of the 20`x' day of December, 2011 by and between General
Electric Capital Corporation, GE Money Bank, GEMB Lending, Inc., Monogram Credit
Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. (collectively "Seller")
and Portfolio Recovery Associates, LLC ("Buyer"), Seller hereby transfers, sells,
conveys, grants, and delivers to Buyer, its successors and assigns, tivithout 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 each Transfer Date, and as further described in the Agreement.
General Electric Capital Corporation
By:
Title: Glenn Marino-Vice President
GE Capital Retail Bank
By:
Title: Glenn Marino-EVP
RFS Holding, L.L.C.
By:
Title: Vishal Gt~lati-CFO
GEMB Lending, Inc.
By:
Title: Stephen Motta-Director
Monogram Credit Services, L.L.C.
By:
Title: Glenn Mari-to-President
GEM Holding, L.L.C.
By:
Title: Vishal Gulati-CFO
GE Money Bank
BILL of SALE
PRA 120-day Mid Prime - February 2012
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 as of the 20`x' day of December, ?011 by and between General
Electric Capital Corporation, GE Money Bank, GEMB Lending, Inc., Monogram Credit
Set-vices, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. (collectively "Seller")
anal 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 each Transfer Date, and as further described in the Agreement.
General Electric Capital Corporation
By;
Title: Glenn Marina-Vice President
GE Capital Retail Bank '
By:
Title: Glenn Marino-EVP
r
RF5 Holding, L.L.C.
By:
--~--- -
Title: ~~;~~ ~C~G~.~~ - ~1
GEMB Lending, [nc.
Sy:
Title: Stephen Motta-Director
Monogran~ Credit Services, L.L.C.
By:
Title: Glenn Marino-President
GEM Holding, L.L.C.
i
``
Title: ~~,{, , G~ ~jtCt,u ~ Z - ji ~''~
JCPenne~
Summary of Account Activity Payment Information
Previous Balance $1,225.97 New Balance $0.00
- Other Credits $1,225.97 Minimum Payment This Pedod $314.00
New Balance $0.00 Amount Past Due $p.pp
Total Mirrimum Payment Due $314.00
Credd limit $1,175.00 Payment Due Date 04121/2071
Available Credit None
Late Pa ment Wamin It we do not receive
y g' your minimum
Statement Closing Date 04!198011 payment by the date listed above, you may have to pay a late
Days in Billing Cycla 28 fee up to $35.170.
LUANN DOUGHERTY Visit us at jcp.com/credit
Acceunt Number: _851 9~ Customer Service: 1-800-527-3369
PO Box 985009 Orlando FL 32898-5009
Transaction Summary
Tran Balance
Date Reference Number Type Description of Transactan or Cred@ Amount
04!19 F9119003D00999990 R CHARGE OFF ACCOUNT-PRINCIPALS ($931.91)
04/19 F9119003D00999990 R CHARGE OFF ACCOUNT'FINANCE CHARGES' ($294.06)
FEES
TOTAL FEES FOR THIS PERIOD $0.00
INTEREST CHARGED
04119 INTEREST CHARGE ON PURCHASES $0.00
TOTAL INTEREST FOR THIS PERIOD $O.OD
201 t Totals Year-to-Data
Total Fees Charged in 2011 $35.00
Total Interest Charged in 2011 $73.97
Interest Charge Calculation
Your Annual Percentage Rate (APR) Is the annual interest rate on your account.
Annual Balance
Expiration Percentage Subject To Interest Balance
Type of Balance Date Rate Interest Rate Charged Method
Current Transactions
(Continued on next page)
PLEASE NOTE YOUR MAILED PAYMENT MUST BE RECEIVED BY 5 P.M. (ET) OR YOUR INSTORE PAYMENT MUST BE
RECEIVED DURING STORE HOURS ON THE DUE DATE.
NOTICE Your payment may be converted into an eiectroNc debit. See reverse for details. BNlinq Rights Information and other
important information. -I
PLEASE DETACH AND RETURN THIS STUB WITH YOUR CHECK PAYABLE TO GEMB.
Account Number: 1
Total Minimum Amount Past Due Payment New B
P ment Due Due Date
$314.00 $0.00 0481/2011 $0.00
FILL fN TOTAL PAID ~ ^ ^ ^ ^ ^ ' ^ ^
~I'I~I~~II N1~I ~M®'~~ ~ New address a emati? Print changes on the bade.
LUANN DOUGHERTY
911 OHIO AVE
LEMOYNE PA 17043-1422
P.O. Box 980090
Orlando FL 32898-0090
5433 A1N 1 5 19 130919 Z X PAGE 1 of 3 9119 0100 M775 a1EA5933
Interest Charge Calculation (Continued)
Annual Balance
Expiratbn Percentage SutHed To Interest Balance
Type of Balance Date Rate Interest Rate Charged Method
Regular tJA 29.99% $0.00 $0.00 E
Transactions on or before 115105J2010
ft ular Purchases tJA 23.99% $0.00 $0.00 E
5433 A1N 1 5 19 310419 Z X PAGE 2 of 3 9115 0100 N775 OlEA5433
5433 A1H 1 5 14 110415 Z X PAGE 3 of 3 9119 0700 N175 GSEA5433
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith /4/10
Chief Deputy d; j
17 AM
Richard W Stewart
Solicitor OF , ,.. - $a
Portfolio Recovery Associates, LLC Case Number
vs.
Luann K. Dougherty 2012-6104
SHERIFF'S RETURN OF SERVICE
10/08/2012 04:39 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October
8, 2012 at 1639 hours, she served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Luann K. Dougherty, by making known unto herself personally, at 911 Ohio Avenue,
Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her
personally the said true and correct copy of the same.
VALERIE WEARY, DEPUTY
SHERIFF COST: $44.00
October 10, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
" countySuite 91e'ift, 1"eLrrcea: Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC :
120 CORPORATE BLVD
NORFOLK, VA 23502
V.
LUANN DOUGHERTY
911 OHIO AVE
LEMOYNE PA 17043
Plaintiff : No. 12-6104 CIVIL
Defendant.
PRAECIPE TO SETTLE AND SATISFY
PLEASE MARK THE JUDGMENT IN THE ABOVE -ENTITLED CAUSE AS
SETTLED AND SATISFIFD.
12-31881
Robert N. Polas, Jr., Esquire # 201259
Carrie A. Brown, Esquire, # 94055
Mark R. Garvey, Esquire # 312686
Gregory J. Babcock, Esquire # 205061
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T) 1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
sq,sopod cJAI
OkAi 7Sd2Sc7
Or 3/ in,
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC :
120 CORPORATE BLVD
NORFOLK, VA 23502
V.
LUANN DOUGHERTY
911 OHIO AVE
LEMOYNE PA 17043
Plaintiff : No. 12-6104 CIVII,
Defendant.
CERTIFICATE OF SERVICE
The undersigned does hereby certify that I served a copy of the foregoing Praecipe to
Settle and Satisfy upon LUANN DOUGHERTY by First Class Mail, Postage Pre -Paid, a copy
thereof on this 77 day of
12-31881
, 2014, to:
LUANN DOUGHERTY
911 OHIO.
LEMOY Y 7043
Robert N. Polas, Jr., Esquire # 201259
Carrie A. Brown, Esquire, # 94055
Mark R. Garvey, Esquire # 312686
Gregory J. Babcock, Esquire # 205061
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T) 1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.