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Home My WebLink About13-2773 Supreme CourL�of Pennsylvania Cour..V. C "om on Pleas '1 r+ r�'' For Prothonotary Use Only: TINT SIAM P Ci Al Clive et Docket No: M CUMB ounty The information collected on this form is used solely for court administration purposes. This form does not supp lement or replace the filing and service ofpleadings or other a ers as required by law or rules o court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC MIRIAM FEBLES T 11 Dollar Amount Requested: X within arbitration limits O � Are money damages requested. ®Yes ❑ No 9 (Check one) outside arbitration limits N Is this a Class Action Suit? ❑ Yes ®No Is this an MDJAppeal? ❑ Yes ®No A 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 Sel 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 ❑ Debt Collection: Credit Card ❑ Board of Elections ❑ Nuisance ® Debt Collection: Other ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not include S ,Hass tort) ❑ Employment Dispute: — _-- -_ - - -_ E ❑ Slander /Libel /Defamation Discrimination ❑ Zoning Board C Fl Other: ❑ Employment Dispute: Other E] Other: I ❑Other: MASS TORT Q ❑ Asbestos N ❑ Tobacco C] Toxic Tort -DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant [I Ejectment ❑ Common Law /Statutory Arbitration B ❑ Toxic Waste E] Eminent Domain /Condemnation Cl Declaratory Judgment Fl Other: E] Ground Rent C] Mandamus ❑ Landlord /Tenant Dispute ❑ Non- Domestic Relations - - - - -- ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal - - - -- ❑ Medical ❑ Other Professional: 13 -15135 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 O l.. Eri _ Mark R. Garvey, Esquire PA Bar # 3 h� . Portfolio Recovery Associates, LLC t '4 t� y 13 120 Corporate Blvd `� My 1 Norfolk, VA 23502 CU:°'�'B �� " �� TELE: 1- 866 - 428 -8102 ��.�1I��, FAX: (757) 518 -0860 S YLVA N!A Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD l U I NORFOLK, VA 23502 No. (�j ' D — ) Plaintiff, V. MIRIAM FEBLES 409 ROSS AVE APT 6 NEW CUMBERLAND PA 17070 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 13 -15135 (800) 692 -7375 C l 3(0�� This communication is from a debt collector and is an attempt to collect a debt. n b U3( Any information obtained will be used for that purpose. " NAU' �h . 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 Demandante, No. V. MIRIAM FEBLES 409 ROSS AVE APT 6 NEW CUMBERLAND PA 17070 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) 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 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 13 -15135 Esta co.m.unicacion es de un cobrador de deudas y es un intent do c€ brar u.na deuda.. Cualgiiier infrom.acion. sera util.izada parry 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. MIRIAM FEBLES 409 ROSS AVE APT 6 NEW CUMBERLAND PA 17070 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, MIRIAM FEBLES, is an adult individual with last known address of 409 ROSS AVE APT 6, NEW CUMBERLAND PA 17070. 3. It is averred that Defendant was indebted to CAPITAL ONE BANK (USA), N.A. / CAPITAL ONE BANK, N.A. on May 8, 2003 with account number * * * * * * * * * ** *9104 (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. ".Fhis communication is from. a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 5. 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 March 16, 2011. 8. Plaintiff is the purchaser, assignee and/or successor in interest CAPITAL ONE BANK (USA), N.A. / CAPITAL ONE BANK, N.A. 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 " 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 $926.24. 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, MIRIAM FEBLES , in the amount of $926.24, plus costs of this action and any other relief as the Court deems just and reasonable. Carrie . Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 20125 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 13 -15135 l"l�is cc»nmunicat.i€ n is from. a debt c ollector mid is an attempt to collect a debt. Any inf €>rn.- ati.on obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Anita Bray 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. MAY 0 2 2013 Date: By: Anita Bray Custodian of Records 13 -15135 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. IBIT 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 k Telephone: 1- 866 - 428 -8102 Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** *9104 MIRIAM FEBLES Account Holder: MIRIAM FEBLES 409 ROSS AVE APT 6 NEW CUMBERLAND PA 17070 Consumer Account Product Code: MC, Issuer: CAPITAL ONE BANK (USA), N.A. / CAPITAL ONE BANK, N.A. Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *9104 Date Account Opened: May 8, 2003 Date of Last Payment: March 16, 2011 Date of Charge Off. October 2, 2009 Balance at Purchase: $958.94 Purchase Date: July 24, 2012 Balance at Charge -Off: ' $926.24 Less Payments: $.00 Balance Due: $926.24 13 -15135 CAPP43 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. I, the undersigned, Anita_ Rray 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. 1 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 CAPITAL ONE BANK (USA), N.A. / CAPITAL ONE BANK, N.A. ( "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 24, 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 MHUAM FEBLES ( "Debtor ") to the Account Seller the sum of $926.24 with the respect to account number ending in * * * * * * * * * ** *9104, as of October 2, 2009 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 $926.24 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. Portfolio Recovery 7A . 7ates, LLC r By: Anita Bray , Custodian of LIS MAY 0 7 2013 Subscri and sworn ob�f re me on of , 2013 Saundra L Bethea•Pegues Commonwealth of Virginia otary Public Notary Public Commission No. 349865 My Commisslon Expires 01 /31/2017 13 -15135 T his communication is fi•o.m a debt collector and is a.n attempt to collect a debt. Any information obtained will be used for that purpose. Exhibit 1 to Forward Flow Receivable Sale Agreement dated June 13, 2012 BILL OF SALE Closing Date: July 24, 2012 Capital One Bank (USA), National Association ( "Seller "), in consideration of a and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File entitled 20120719.PS67QP.SLDFLEI.TXT (which may be in electronic form) to Portfolio Recovery Associates, LLC (`Buyer'), without recourse or representation except as expressly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of June 13, 2012, by and between Seller and Buyer (the "Agreement"). All capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Cutoff Date for the Sale File was July 20, 2012. CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION Maine: John H. Maurer Title: Vice President n a?? X13 {L E -OFFICE Carrie A. Brown, Esquire 0' "I•HE PROTHGNOTARY Robert N. Polas Jr, Esquire 20 13 BUG 29 AM -10: 05 Mark R. Garvey, Esquire Attorney ID# 94055/201259/312686 CUMBERLAND COU14TY Portfolio Recovery Associates, LLC PENNSYLVANIA 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. 13-2773 V. MIRIAM FEBLES 409 ROSS AVE APT 6 NEW CUMBERLAND PA 17070 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respec 1 Submitte , Rob 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 13-15135 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. 13-2773 V. MIRIAM FEBLES 409 ROSS AVE APT 6 NEW CUMBERLAND PA 17070 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upo IRIAM FEBLES, by First Class Mail,Postage Pre-Paid, a copy thereof on this day of 20/0 to: MIRIAM FEBLES, 409 ROSS AVE APT 6,NEW CUMBE D PA 1707 13-15135 Rob 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 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.