HomeMy WebLinkAbout13-3268 • Supreme C: Pennsylvania
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Cour f G. n Pleas ms`s
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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 of pleadings or other papers 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 AMANDA CRAWFORD
Are money damages requested? ® Yes ❑, No Dollar Amount Requested: X within arbitration limits
(Check one) outside arbitration limits
w Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ 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
h 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
E] Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Credit Card
E] 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:
fl MASS TORT
❑ Asbestos
❑ Tobacco
❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS
❑ Ejectment ❑ Common Law /Statuto Arbitration
Toxic Tort - Implant D
❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
Fl Other:
❑ Ground Rent ❑ Mandamus
❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations
— - -_ ❑ -Mortgage Foreclosure: Residential Restraining,Order
�` -- ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
E] Partition ❑ Replevin
PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other:
k ❑ Dental ❑ Other:
❑ Legal -- —
❑ Medical
❑ Other Professional:
.12 -32591
Robert N. Polas, Jr., Esquire PA Bar # 201259 F ILED-OFF
Carrie Brown, Esquire PA Bar # 94055 , ; : x , 1 c F
Mark R. Gar Esquire PA Bar # 312686
' #' ,c r RGTHON- � TA-t,
Portfolio Recovery Associates, LLC 2013 JUN _ 7 AM to. 13
120 Corporate Blvd
Norfolk, VA 23502 LUM MERLAND COUNTY
TELE: 1- 866 - 428 -8102 PENN
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 4 � I 014
NORFOLK, VA 23502 No /
Plaintiff,
V.
AMANDA CRAWFORD
511 JACOB LN
MECHANICSBURG PA 17050
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
12 -32591
�
(800) 692 -7375 4 It O� 7S a
— # /3icpr,
This communication is from a debt collector and is an attempt to collect a debt D9
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
Demandante, No.
V.
AMANDA CRAWFORD
511 JACOB LN
MECHANICSBURG PA 17050
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 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 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 -32591
Esta cotnunicacion es de un cobrador de deudas y es un intent do cobras una deu.da.
C.;ualquier .infrornaci.on sera utilizada para ese p.roposito.
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.
AMANDA CRAWFORD
511 JACOB LN
MECHANICSBURG PA 17050
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, AMANDA CRAWFORD, is an adult individual with last known address of 511
JACOB LN, MECHANICSBURG PA 17050.
3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / JC PENNEY on
September 21, 2004 with account number * * * * * * * * * ** *6564 (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.
This commulii.cation is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for 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 July 20, 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
$4,367.96.
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, AMANDA CRAWFORD , in the amount of $4,367.96, plus costs of this
action and any other relief as the Court deems just and reasonable.
llt"� X
Carrie A. Brown, Esquire, # 94055
Robert N. Polas, Jr., Esquire, # 201259
Mark R. Garvey, Esquire, # 312686
Attorneys for Plaintiff
12 -32591
This communication is from a debt collector and is an attempt to collect a debt.
Any .in#ormati.on obtained will be used for that purpose.
VERIFICATION
The undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
-qua 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.
Date: MAY 2 4 2013 By:
A nita Bray
Custodian of Records
12 -32591
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
X 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
Telephone: 1- 866 - 428 -8102
.
Fax: (757) 518 -0860
Statement of Account
Account: * * * * * * * * * ** *6564
AMANDA CRAWFORD
Account Holder:
AMANDA CRAWFORD
511 JACOB LN
MECHANICSBURG PA 17050
Consumer Account Product Code: PVT
Issuer: GE CAPITAL RETAIL BANK / JC PENNEY
Assignee: Portfolio Recovery Associates, LLC
Account Number: * * * * * * * * * ** *6564
Date Account Opened: September 21, 2004
Date of Last Payment: July 20, 2011
Date of Charge Off. January 18, 2012
Balance at Purchase: $4,367.96
Purchase Date: February 29, 2012
Balance at Charge -Off: $4,367.96
Less Payments: $.00
Balance Due: $4,367.96
12 -32591
GECN78
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 Bray , 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 February 29, 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 AMANDA CRAWFORD
( "Debtor ") to the Account Seller the sum of $4,367.96 with the respect to account number ending in * * * * * * * * * ** *6564,
as of January 18, 2012 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 $4,367.96 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 Recove sociates, LLC
By: n „it Bray , Custodian of rds
Subscribed and sworn to before . me on O Y U 2 4 2013 2013
Lucretia Ann Etheridge
Commonwealth of Virginia
Notary Public Notary Public
U r Commission No. 7042513
” " "'" My Commission Expires 9/30/2014
12 -32591
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
GECN78
GE Money Bank
BILL of SALE
PRA Fresh — 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"' 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.
By:
Title: Glenn Marino -Vice President Title: Stephen Motta- Director
GE Capital Retail Bank Monogram Credit Seri ices, L.L.C.
Title: Glenn Nlarino -EVP Title: Glenn Marino- President
RFS Holding. L.L.C. GEM Holding, L.L.C.
By: B
Title: Vishal Gulati -CFO Title: Vishal Gulati -CFO
. . .......
. ................. . . . . ... ...
.. . .... . .
... . . .. ................ .
. . ..... . . . ...... .
GE Money Bank
BILL of SALE
PRA Fresh — 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` 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.
By: _
B
Title: Glenn Marino -Vice President Title: Stephen Motta- Director
GE Capital Retail Bank Monogram Credit Services, L.L.C.
By:
B
Title: Glenn Marino -EVP Title: Glenn Marino - President
RFS Holding, L.L.C. GEM Holding, L.L.C.
By:
By:
Title: Vishal Gulati -CFO Title: Vishal Galati -CFO
GE Money Bank
BILL of SALE
PRA Fresh — February 2012
For value received and in fin consideration of the mutual covenants and
conditions set forth in the Forward Flow Receivables Purchase Agreement (the
"Agreement "), dated as of the 20` 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.
By:
By:
Title: Glenn Marino -Vice President
Title: Stephen Motta- Director
GE Capital Retail Bank Monogram Credit Services, L.L.C.
B
By:
Title: Glenn Marino -EVP Title: Glenn Marino - President
RFS Holding, L.L.C. GEM Holding, L.L.C.
By: -
By:
Title: �.11G+a —
�- Title: �`w C4 r?
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson _�.
Sheriff �`HE�;i._�'�'1`y�(�;`�`�!{r����^��
i� i , Flt. �i o 0 TA a t
Jody S Smith
Chief Deputy
7013 JUL IS AM 9` 59
Richard W Stewart 7°
Solicitor Qrric OF TPE$p'ExIrr CU MBI-i R L N D COUNTY
POMSYLVANIA
Portfolio Recovery Associates, LLC
Case Number
vs.
Amanda Crawford 2013-3268
SHERIFF'S RETURN OF SERVICE
07115/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit:Amanda Crawford, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 511
Jacob Lane, Hampden Township, Mechanicsburg, PA 17050. Deputies were advised by the current
residents that they moved in two months ago, as of this date the Mechanicsburg Postmaster has not
been able to provide a forwarding address.
SHERIFF COST: $44.30 SO ANSWERS,
r
July 15,2013 RON , R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft,Inc.
Carrie A. Brown, Esquire
'Robert N. Polas Jr, Esquire
Mark R. Garvey, Esquire
Attorney ID#94055/201259/312686 n
Tllir.%,,� Us"
Portfolio Recovery Associates, LLC ij�
120 Corporate Blvd 11100 Til 1,
Norfolk,VA 23502 3 27 Arai lo: 27
Attorneys for Plaintiff
FIE
WITY
IN THE COURT OF COMMON PLEAS OF CUMBERL VOUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD
NORFOLK,VA 23502
Plaintiff No. 13-3268 CIVIL
V.
AMANDA CRAWFORD
511 JACOB IN
MECHANICSBURG PA 17050
Defendant
PRAECIPE TO DISCONTINUE
To the Prothonotary:
Please mark the above-entitled case as discontinued without prejudice.
Respe ly Subm ed,
Rdbert N. Polas, Jr., Esquire PA Bar#20125
Carrie Brown, Esquire PA Bar# 94055
Mark R. Garvey, Esquire PA Bar#312686
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
TELES 1-866-428-8102
FAX: (757) 518-0860
Attorneys for Plaintiff
12-32591
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. 13-3268 CIVIL
V.
AMANDA CRAWFORD
511 JACOB LN
MECHANICSBURG PA 17050
Defendant
CERTIFICATE OF SERVICE
The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue
upon AMANDA CRAWFORD,by First Class Mail, Postage Pre-Paid, a copy thereof on this L5 day
of , 203,to:
AMANDA CRAWFORD, 511 JACOB IN, MECHANICSBUR PA 1705
12-32591 Robert N. Polas, Jr., Esquire PA Bar#2012597—/'
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.