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Home My WebLink About12-6367 Attorney for Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC PORTFOLIO RECOVERY ASSOCIATES LLC c%o Bl?tt, Hasenmilier, Leibsker & Moore, LLC 1835 arket Street, Suite 501 Philadelphia, PA 19103 Plaintiff, vs. THELMA KING 3215 SPRING RD CARLIISLE PA 17013-8741 Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA c.'?7 ^' CIVIL ACTION ° i 2 ?U(? ?? `. ? -+ -a No. \ -lg ? C N ) z CD C = --a M -41 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 writte appearance personally or by attorney and filing in writing with the court your defenses or obj ions to the claims set forth against you. You are warned that if you fail to do so the case may pr without you and a judgment may be entered against you by the court without further notice for any oney claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose phoney or property or other rights important to you. YOU HOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAW ER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PRO IDE 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 ELIGI LE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 2648235 PPTCPADI Blatt, Hasenmiller, Leibsker & Moore, LLC Morn Scott Attorney I.D. #83587 1835 ?il at Street, Suite 501 Phi phle, PA 19103 1079 ?? ?1?3?5 '?? ??. 781?t? ?? ??ta is AVISO Le han demandado a usted an la corte. Si usted quiere defen derse de estas demandas expuestas an [as 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 an persona o con un aboga do y entregar a la corte an forma escrits sus defensas o sus objeciones a las demandas on contra de su persona. Sea avisa do qua si usted no se dejfiende la corte tomara medidas y puede continuar la demanda an contra suva sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere qua usted cumpla con todas?las provisions de esta demanda. Usted puede perder dinero o sus propieda des u otros derechos impo antes para usted. LLEV ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO T ENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAM POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARAI AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 267-2032 Blatt, lHasenmiiler, Leibsker & Moore, LLC Mori! Scott Attorney I.D. #83587 1835 =91: Street, Suite 501 PhiqmIlielphla, PA 19103 800.850-1079 Attorney for Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC Plaintiff, vs. THELMA KING 3215 SPRING RD CARLI SLE PA 17013-8741 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. COMPLAINT Plaintiff PORTFOLIO RECOVERY ASSOCIATES LLC, claims as follows: 1. The Defendant(s), THELMA KING, 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 $1816.35. 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. 26482301 PPTCDIBCI WHEREFORE, the Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC, prays for judgment in its favor and against Defendant(s), THELMA KING in the amount of $1816.35, plus costs. Respectfully submitted, PORTFOLIO RECOVERY ASSOCIATES LLC ne of its Attorneys M1bq Scott Attorney I. D. #83587 Blatt, FNSQQM filler, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 (800) 850-1079 Dated:' September 11, 2012 Blatt, IHasenmiller, Leibsker & Moore, LLC Morrl? Scott Attorney I.D. #83587 1835 Market Street, Suite 501 Attorney for Plaintiff, PORTFOUO RECOVERY ASSOCIATES LLC Phl phla, PA 19103 800-860-1079 PORTF LIO RECOVERY ASSOCIATES LLC C/o BI tt , Hasenmiller, Leibsker & Moore, LLC 1835 arket Street, Suite 501 Philad Iphia, PA 19103 Plaintiff, VS. THELMA KING IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 3215 SPRING RD CARLISLE PA 17013-8741 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 unsworln falsification to authorities. Dated: September 11, 2012 28482355 PPTJC MI BLATT, HASENMILLER, LEIBSKER & MOORE, LLC By: 100_? Mo Scott 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 Exhibit "A" PPTXEXAI ",a VERIFICATION ?q- 8z3S (To be used by a person associated with the present creditor) I, David D. $age , 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 DE MONEY BANK, F. S. B. /WAL-MART. 2. 1 reviewed the following [ ](a) computerized documents; [ ](b) hard copy documents; and [x] (c) other (speclMAccount Records relating to Account number: ending in 8436. The foregoing Account of t3E MONEY' BANK, F. S. B. /WAL-MART was opened on 10/23/2002 in the name of THELMA K=NG. The accounts/documents that I reviewed were produced by GE MONEY BANK, F. S. B:0 /WAL-MART. 3. Based on my review of the foregoing documents, there is due and payable the principal sum of $1,8105. This sum includes the following (check all that are appropriate): [x] interest; [x] late fees; [ ] collection fees; and [x] any other additional fees permitted under the terms of the agreement with the debtor named in paragraph 2 above and aE MONEY BANx, F. S. B. /WAL-MART. This sum does not include the following (check all that are appropriate): [ ] interest; [ ] late fees; [x] collection fees; and [ ] any other additional fees permitted under the terms of the agreement with the debtor named in paragraph 2 above and Q8 MONEY BANK, F. S. B. /WAL-MART. 4. Based on my review of the foregoing documents, there are no payments that have not been credited. 5. The facts set forth in this Verification are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties for making an unsworn falsification to authoriiles in violation of 18 Pa. C.S. §4904. AU G 13 2012 DATE David D. Sage , CUSTODIAN Blatt, Hasenmiller, Leibsker & Moore, LLC Morrio Scott Attorney I.D. #83587 1835 Market Street, Suite 501 Philadelphia, PA 19103 215-564-1567 Attorney for Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC PORTFOLIO RECOVERY ASSOCIATES LLC c/o BI tt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, VS. THELMA KING 3215 SPRING RD CARLISLE PA 17013-8741 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION c , c. r No rnrn -0 rr, . tv --4c+ C- ) PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTIFF PORTFOLIO RECOVERY ASSOCIATES LLC. Papers may be served at the address set forth below: Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Telephone Number: 1-215-564-1567 Dated: September 11, 2012 264823$ PPTXPtAI 1 BLATT, HASENMWLLER, LEIBSKER & MOORE, LLC By: e-"? Morris Scott Attorney SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor .F ~~~,,~ ~t ~az3k,`f~ef~a,r,~ ,T r~, , >, 2?i2 ACT 2~ A#9 ~'~ I C6fMBERLuNU CUUi~' PEt~NSY~.V.AN1A Portfolio Recovery Associates, LLC Case Number vs. Thelma King 2012-6367 SHERIFF'S RETURN OF SERVICE 10/22/2012 04:16 PM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Octot~er 22, 2012 at 1616 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thelma King, by making known unto George Eutzy, Power of Attorney for Thelma King at 3215 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of he same. s GUT ALL, DEPUTY SHERIFF COST: $34.00 October 23. 2012 SO ANSWERS, RON R ANDERSON, SHERIFF F.\FILES`.Clients\13994 Pro Bono\1399440 King\13994.40.PreliminaryObjections.wpd c~ ~..- N e ^TS T7 ~ ~ ~ N ~^ `-i ~ -^ry George B. Faller, Jr., Esquire ~ ~i „~C ~l-- MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER "' ~ rn ~ ~ MARTSON LAW OFFICES , ,~ r~--~" , I.D. 49813 D `~ ~. =" 10 East High Street ._ ` , Carlisle, PA 17013 ~} t~ ~_' o •• , ~3 ,-~rz} (717) 243-3341 ~:' ~ ";~. NOx~rFOL10 RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC, : 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 2012-6367 THELMA KING, 3215 Spring Road Carlisle, PA 17013 Defendant CIVIL TERM PRELIMINARY OBJECTIONS AND NOW, comes Defendant, Thelma King , by her attorneys, Martson Law Offices, who sets forth the following Preliminary Objections in response to the Complaint filed in the above matter: 1. The Plaintiff's Complaint was filed on or about October 12, 2012. (a copy of Plaintiff s Complaint is attached hereto and marked Exhibit `A'). 2. The Plaintiff's Complaint is deficient and not in compliance with the Pennsylvania Rules of Civil Procedure and Pennsylvania Law in the following respects: a. The Complaint fails to identify the type of entity that the Plaintiff is and an address for Plaintiff; b. The Complaint fails to attach the credit card agreement; and c. The Complaint fails to attach a statement of account showing how the balance allegedly due and owing was calculated. 3. The Plaintiff claims it is the successor in interest having purchased the account without attaching a copy of the agreement and purchase. 4. The Complaint fails to attach a valid verification. WHEREFORE, the Defendant requests your Honorable Court strike Plaintiff s Complaint or grant Demurrer for the Plaintiff s failure to state a claim upon which relief can be granted. MARTSO W OFFICES i By George $. Faller; Jr., Esquire I.D. Number 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: November 2, 2012 ~~ a~rrcnu r~i.ru Re~K~anie 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 c/o Blatt, Hasenmiller, Leibsker & Moore, LLC Plaintiff, vs. THELMA KING 3215 SPRING RD CARLISLE PA 17013-8741 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. COMPLAINT Plaintiff PORTFOLIO RECOVERY ASSOCIATES LLC, claims as follows: 1. The Defendant(s), THELMA KING , 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 $1816.35. 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. 2648235 PPTCDBCI Exhibit "A" WHEREFORE, the Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC, prays for judgment in its favor and against Defendant(s), THELMA KING in the amount of $1816.35, plus costs. Respectfully submitted, PORTFOLIO RECOVERY ASSOCIATES LLC ne of its Attorneys 's Scott Attorney I.D. #83587 Blatt, filler, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 (800) 850-1079 Dated: September 11, 2012 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. THELMA KING 3215 SPRING RD CARLISLE PA 17013-8741 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 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 unsworn falsification to authorities. BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated: September 11, 2012 2648235 PPTJCAMI I IIIIIII IIIIII ~' VIII III IIIIII IIIN VIII VIII VIII VIII VIII IIII II~II IIII By: Mo Scott 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 fife 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 Exhibit "A" PPTXEXAI VERIFICATION (To tie used by a person associated with the present creditor) I, David D. Sage ,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 GE MONEY BANK, F . s . B . /WAL-MART. 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 8436. The foregoing Account of GE MONEY BANK, F.3. B. /WAL-MART was opened on 10/23/2002 in the name of THELMA KING. The accounts/documents that I reviewed were produced by GE MONEY BANK, F.s.B./WAL-MART. 3. Based on my review of the foregoing documents, there is due and payable the principal sum of $1,816.35. 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 HANK, F.S.B. /WAL-MART. 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 GB MONEY BANK, F . S . B . /WAL-MART. 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. au~ i 3 zo]z DATE Q~~r tJ David D. Sage ,CUSTODIAN .T . ~ 1. 'yllliT CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of t:he foregoing Preliminary Objections was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Morris Scott, Esquire Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street Suite 501 Philadelphia, PA 19103 MARTSON LAW OFFICES By J i~.~~ ._~,-- ~ ~A ,,. Nichole L. Myers ~~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 2, 2012