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Home My WebLink About13-1681 Supreme C Pennsylvania Coitr C4. In n Pleas Ci et CUMB County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other a ers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction []Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC SUSAN OTT Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits (Check one) outside arbitration limits Is this a Class Action Suit? []Yes ®No Is this an MDJAppeal? D Yes ®No Name of Plaintiff /Appellant's Attorney: Robert N. Polas Jr./ Carrie Brown/ Mark R. Garvey ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Board of Assessment ❑ Motor Vehicle o Debt Collection: Credit Card ❑ Board of Elections ❑ Nuisance ® Debt Collection: Other ❑ Dept. of Transportation ❑ Premises Liability -- _ —_____ ❑ Statutory Appeal: Other ❑ Product Liability (does not include --------------- - - -- mass tort) ❑ Employment Dispute: ------------- — ------- -- ❑ Slander /Libel /Defamation Discrimination ❑ Zoning Board ❑ Other: ❑ Employment Dispute: Other ❑ Other: ------ — --- ---- ---------- ❑ Other: MASS TORT ----- --- ----- — --- ------ ❑ Asbestos ❑ Tobacco ❑ Toxic Tort -DES REAL PROPERTY MISCELLANEOUS E] Toxic Tort - Implant ❑ Ejectment L] Common Law /Statutory Arbitration F Toxic Waste ❑ Eminent Domain /Condemnation El Declaratory Judgment ❑ ❑ Ground Rent El Mandamus Other: ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations -------- El Mortgage Foreclosure: Residential Restraining Order ------------ - - - - -- ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ----- — — — ------------ ------------- ------- — --- ❑ Medical ----- --- ----------- ------ ❑ Other Professional: 12 -86054 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 P 120 Corporate Blvd ri „ s Norfolk, VA 23502 r TEL 1- 5 48 08602 � ��W�'��.. ✓�i�df•1��,�' 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 No. Plaintiff, V. SUSAN OTT 1099 KESSLER DR SHIPPENSBURG PA 17257 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, 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 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 _ a (800) 692 -7375 I�3, 12 -86054 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 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 D em andante, No. V. SUSAN OTT 1099 KESSLER DR SHIPPENSBURG PA 17257 Demandado. 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) 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 esta 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 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 -86054 F° -,ia coniunicaciori cs de tin c:ohracior tic: d udas ?; es un intc ni do c obra r u na £::lei dad Cualquier ittf'romacimi sera utiliza(ia Para ese proposito. 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 Plaintiff, No. V. SUSAN OTT 1099 KESSLER DR SHIPPENSBURG PA 17257 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, SUSAN OTT, is an adult individual with last known address of 1099 KESSLER DR, SHIPPENSBURG PA 17257. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / JC PENNEY on April 15, 2007 with account number * * * * * * * * * ** *3686 (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 his communication is from a debt collector and is an attempt try collecl a deb l. Any iril'6rination (.)blamed will be used tor that purpose, 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 March 25, 2011. 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 $1,644.90. 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, SUSAN OTT , in the amoun of 1,644.90 plu costs of this action and any other relief as the Court deems just and reasonable. Carr'e A. Brown, Esquire, # 94055 / Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 12 -86054 This conirn un i cation is from a debt collector and is an attempt to collect a dcbt.. Any information obtained will be used for that purpose. • VERIFICATION Oi anna D. Wlirl u d igned Custodian of Records for Portfolio Recovery Associates, LLC, _______ 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 unsworn falsification to authorities. S . `--) k Dale: BY MAR 12 2013 Dianna D. V41k r>g Custodian of Records 12 -86054 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. XHIBIT 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 120 Corporate Blvd Norfolk, VA 23502 Telephone: 1- 866 - 428 -8102 Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** * 3686 SUSAN OTT Account Holder: SUSAN OTT 1099 KESSLER DR SHIPPENSBURG PA 17257 Consumer Account Product Code: PVT Issuer: GE CAPITAL RETAIL BANK / JC PENNEY Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *3686 Date Account Opened: April 15, 2007 Date of Last Payment: March 25, 2011 Date of Charge Off: September 22, 2011 Balance at Purchase: $1,644.90 Purchase Date: June 27, 2012 Balance at Charge -Off: $1,644.90 Less Payments: $.00 Balance Due: $1,644.90 12 -86054 GECP 18 This communication is from a debt 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. Dianna D. Williams I, the undersigned, , 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, 120 Corporate Blvd, Norfolk, VA 23502. 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 CAPITAL RETAIL BANK / JC PENNEY ( "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, 2012. 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 SUSAN OTT ( "Debtor ") to the Account Seller the sum of $1,644.90 with the respect to account number ending in * * * * * * * * * ** *3686, as of September 22, 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 $1,644.90 as due and owing as of the date of this affidavit. 6. Plaintiff believes that the defendant is not a minor or an incompetent individual, and declares that the Defendant is not on active military service of the United States. P lio Recovery Assoc LLC Dianna D. Williams By: _----------- — ---- , Custodian of Records Subs ' ed an wor fore me on — M�F 1 2013 __, 2013 RETHA Y GRAY f of Virginia Notary — -Notary Public Commission No. 7203884 12 -86054 M' EXPIM 1/31016 M` This c<kmmunic.ation is from lit debt collector and is an attempt to collect a debt_ Anv information obtained will be used for that purpose. GESP17 GECP18 GECP19 EXHIBIT A BILL of SALE For value received and in further consideration of the mutual covenants and conditions set forth in the Receivables Purchase Agreement (the "Agreement "), dated as June 20.201L by and between General Electric Capital Corporation, GE Capital Retail 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 File (as defined in the Agreement), delivered by Seller to Buyer prior to such Purchase Date, and as further described in the Agreement. GE Capital Retail Bank + ) By: J / Title: Glenn Marino- Executive Vice President General Electric Capital Corporation By Title: Glenn Marino -Vice President GEMB Lending, Inc. By: Title: Monogram Credit Services, L.L.C., 0 By: r Title: Glenn Marino - President 28 EXHIBIT A BILL of SALE For value received and in further consideration of the mutual covenants and conditions set forth in the Receivables Purchase Agreement (the "Agreement "), dated as June 20, 20 11 by and between General Electric Capital Corporation, GE Capital Retail 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 File (as defined in the Agreement), delivered by Seller to Buyer prior to such Purchase Date, and as further described in the Agreement. GE Capital Retail Bank By: Title: General Electric Capital Corporation By: Title: GEMB Lending, Inc. By: Title: iZfc v r, Monogram Credit Services, L.L.C., By: Title: 28 RFS Holding, L.L.C. Bv: ' ` Title: Vishal Gulati -CFO G M '7 L.L.C. By: Title: Vishal Gulati -CFO 29 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F t ,tr NOV,Sheriff 05��f�n� Jody s smith 2113 APR 29 Chief Deputy Richard W Stewart `" ��= CUMBERLAW) C00jq.j'y Solicitor OFBiCc, �FTkES�EFIF= PENNSYLVANIA Portfolio Recovery Associates, LLC Case Number vs. Susan Ott 2013-1681 SHERIFF'S RETURN OF SERVICE 04/03/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Susan Ott, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Complaint& Notice according to law. 04/08/2013 12:26 PM -The requested Complaint& Notice served by the Sheriff of Franklin County upon Amer Ott, daughter of defendant, who accepted for Susan Ott, at 1099 Kessler Drive, Southampton, Shippensburg, PA 17257. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, April 25, 2013 RONNY R ANDERSON, SHERIFF (c)CounlySuito Shoriff,Teleosof,,Inc. SHERIFF' S RETURN - REGULAR CASE NO: 2013-00090 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN PORTFOLIO RECOVERY ASSOCIATES VS SUSAN OTT ANGEL L LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon OTT SUSAN the DEFENDANT at 1226 : 00 Hour, on the 8th day of April 2013 at 1099 KESSLER DRIVE SOUTHAMPTON TOWNSHIP SHIPPENSBURG, PA 17257 by handing to AMBER OTT DAUGHTER a true and attested copy of COMPLAINT together with and at the same time directing Her attention to the contents thereof . Sheriff ' s Costs : So Answers : Docketing . 00 Service . 00 ANGEL L LA A Affidavit . 00 Surcharge . 00 By . 00 puty Sheriff . 00 04/17/2013 ROBERT N POLAS JR ESQ Sworn and iSsu�bscribed to before / me this / Pvday of COMMONWEALTH OF PENNSYLVANIA NOTARIAL SE;4L RICHARD D. McCARTY, Notary Public A.D. Chambemburg 6oro,, F' nklin County i My Commisslon Irea Jan,�9, 2016 Notar Carrie A. Brown, Esquire * Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 Portfolio Recovery Associates, LLC }l i�" 120 Corporate Blvd ' Norfolk, VA 23502 2 1' 3EC 100:161,� 1:5'r Attorneys for Plaintiff � "r Y i}�`'1�Clii A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 No. 13-1681 CIVIL Plaintiff v. SUSAN OTT 1099 KESSLER DR SHIPPENSBURG PA 17257 Defendant PRAECIPE TO SETTLE DISCONTINUE AND END PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, DISCONTINUED AND ENDED. Resp*, 'y mitted, .e . 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 12-86054 This communication 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 Mark R. Garvey, Esquire Attorney ID #94055/201259/312686 Portfolio Recovery Associates, LLC 120 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 • 120 CORPORATE BLVD NORFOLK, VA 23502 • Plaintiff : No. 13-1681 CIVIL v. • SUSAN OTT 1099 KESSLER DR • SHIPPENSBURG PA 17257 • Defendant • CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle Discontinue and End upon SUSAN OTT, by First Class Mail, Postage Pre-Paid, a copy thereof on this 7day of , 2013, to: SUSAN • 1099 KESSLER DR, SH 'P,.'' SB RG PA 17 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 12-86054 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for this purpose.