HomeMy WebLinkAbout13-4196 Supreme C ..,,,Pennsylvania
Cour ` f Gam n Pleas
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County
The information collected on this form is used solely 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 LINDA FENICLE
O 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? ❑ 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 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
_ [3 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
❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration
❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Other: Cl Ground Rent ❑ 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 -16565
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 °' ' 0 T
120 Corporate Blvd
Norfolk, VA 23502 20 JUL 19 4N p: 4
TELE: 1 -866- 428 -8102 r ,.
FAX: (757) 518 -0860 i'UMBERLAND CoUjg7�y
Attorneys for Plain P ENNSYLVAN - 1A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD
NORFOLK, VA 23502 No. 3 C I Ut
Plaintiff,
V.
LINDA FENICLE
108 N FREDERICK ST
MECHANICSBURG PA 17055
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 Q
Carlisle, PA 17013 L
(717) 249 -3166 03 , '7 S (2 / �
Pennsylvania Lawyer Referral Service
13 -16565 31398
(800) 692 -7375 C
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
Demandante, No.
V.
LINDA FENICLE
108 N FREDERICK ST
MECHANICSBURG PA 17055
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 1NFORMACION 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
13 -16565 (800) 692 -7375
Esta cotnunicacim es de un cobrador de deudas y es ua itatent do cobrar una deuda.
Cualcluier infromacion sera utilizada Para ese proposito.
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carne 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.
LINDA FENICLE
108 N FREDERICK ST
MECHANICSBURG PA 17055
Defendant.
COMPLAINT
I. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with
offices located at 120 Corporate Blvd, Norfolk, VA 23502.
2. Defendant, LINDA FENICLE, is an adult individual with last known address of 108 N
FREDERICK ST, MECHANICSBURG PA 17055.
3. It is averred that Defendant was indebted to GENERAL ELECTRIC CAPITAL CORP / CARE
CREDIT on October 11, 2010 with account number * * * * * * * * * ** *2378 (hereafter referred to as
"Account "). A copy of the account history is attached here to and collectively marked as Exhibit
"
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.
This 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 December 8, 2011.
8. Plaintiff is the purchaser, assignee and/or successor in interest GENERAL ELECTRIC CAPITAL
CORP / CARE CREDIT 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
$659.15.
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, LINDA FENICLE , in the amount of $659.15 us c Sts of this action
and any other relief as the Court deems just and reasonabl .
Ca ie A. Brown, Es ire, # 94055
Robert N. Polas, Jr., Esquire, # 201259
Mark R. Garvey, Esquire, # 312686
13 -16565 Attorneys for Plaintiff
This coMznUrlication is from a debt collector and is an. attempt to collect a debt.
Any inforination obtained will be used for that purll-ose.
VERIFICATION
The undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
Tamara Bond 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 falsificatio o a horities.
JUN 13 2013
Date: By:
P am , ='Flond
Custodian of Records
13 -16565
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
3 Norfolk, VA 23502
77 Telephone: 1- 866 - 428 -8102
Fax: (757) 518 -0860
Statement of Account
Account: * * * * * * * * * ** *2378
LINDA FENICLE
Account Holder:
LINDA FENICLE
108 N FREDERICK ST
MECHANICSBURG PA 17055
Consumer Account Product Code: PVT
Issuer: GENERAL ELECTRIC CAPITAL CORP / CARE CREDIT
Assignee: Portfolio Recovery Associates, LLC
Account Number: * * * * * * * * * ** *2378
Date Account Opened: October 11, 2010
Date of Last Payment: December 8, 2011
Date of Charge Off: July 23, 2012
Balance at Purchase: $659.15
Purchase Date: August 21, 2012
Balance at Charge -Off: $659.15
Less Payments: $.00
Balance Due: $659.15
13 -16565
GESP75
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, a�a a Custodian of Records, for Portfolio Recovery Associates, LLC hereby
depose, affirm and state as foll ` s:
1. I am competent to testify to the matters contained herein.
2. 1 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 GENERAL
ELECTRIC CAPITAL CORP / CARE CREDIT ( "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 August 21, 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 LINDA FENICLE ( "Debtor ") to
the Account Seller the sum of $659.15 with the respect to account number ending in * * * * * * * * * ** *2378, as of July 23,
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 $659.15 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 milita ce of the United tates.
Portfolio Recovery ciat ,
Tamara Igo
, Custodian of Records
Subscribed and s to before me on JU N 1 013 2013
Nota Pu is Tracy Nicole Parker
Commonwealth of Virginia
Notary Public
13 -16565 i Commission No. 7509731
My Commission Expires 2/2812015
This Communication is frorn a debt collector and i.s an attern.pt to cotlect a debt.
Any in.fion nation obtained will be used for ghat pttrpose.
GESP75
GE.Capital
BILL of SALE
PRA PSCC Fresh — August 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 25` day of June, 2012 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 August 21, 2012, and as
further described in the Agreement.
GE Capital Retail Bank Monogram Credit Services, L.L.C.
By: ►+l' —' By:. -T� 7 _
Glenn Marino Glenn Marino
Title: _EVP Title: _President
Date: Date:
General Electric Capital Corporation RFS Holding, L.L.0
By: By:
Glenn Marino Joseph Ressa
Title: _Vice President Title: CFO
Date: Date:
GEMB Lending, Inc. GEM Holding, L.L.0
By: By .
Stephen Motta Joseph Ressa
Title: _General Manager Title: _CFO
Date: Date:
� r
GE Capital
BILL of SALE
PRA PSCC Fresh — August 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 25`" day of June, 2012 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 August 21, 2012, and as
further described in the Agreement.
GE Capital Retail Bank Monogram Credit Services, L.L.C.
By: By .
Glenn Marino Glenn Marino
Title: _EVP Title: President
Date: Date:
General Electric Capital Corporation RFS Holding, L.L.0
By: By .
Glenn Marino Joseph Ressa
Title: — Vice President Title: CFO
Date: Date:
GEMB Lending, / Inc.
___ GEM Holding, L.L.0
By: � / Ct� _ By:
Stephen Motta V Joseph Ressa
Title: — General Manager Title: _CFO
Date: ���` Z Date:
1
GE Capital
BILL of SALE
PRA PSCC Fresh — August 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 25 day of June, 2012 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 August 21, 2012, and as
further described in the Agreement.
GE Capital Retail Bank Monogram Credit Services, L.L.C.
By: By:
Glenn Marino Glenn Marino
Title: _EVP Title: President
Date: Date:
General Electric Capital Corporation RFS Holding, L.L.0
By. By - -,I Glenn Marino Joseph sa
Title: _Vice President Title: CFO
Date:
Date: �--
GEMB Lending, Inc. GEM Holding, L.L.0
By: By
Stephen Motta Joseph Re
Title: _General Manager Title: CFO
Date: Date:
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Andersona =
e-
Sheriff - }
CQ0%jj at Lupo ra 7} ` r f -
Jody S Smith r
Chief Deputy
Richard W Stewart
Solicitor OFFICE O,FTticSk_rRIFr
i
Portfolio Recovery Associates, LLC Case Number
vs.
Linda Fenicle 2013-4196
SHERIFF'S RETURN OF SERVICE
08/05/2013 04:19 PM - Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Complaint&
Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Linda Fenicle at 108 N. Frederick Street, Mechanicsburg Borough, Mechanicsburg, PA 17055.
J,,W K ODZI,bEPLITY
SHERIFF COST: $39.30 SO ANSWERS,
✓✓//����
August 06, 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 r - r +,,
Portfolio Recovery Associates, LLC l' "LI 3 TAR
120 Corporate Blvd 2014 j4N _2
Norfolk, VA 23502 All 10: 39
Attorneys for Plaintiff CimBERL4 ,
PENNsVLYA►vr rtry
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. 13-4196-CIVIL
v.
LINDA FENICLE
108 N FREDERICK ST
MECHANICSBURG PA 17055
Defendant
PRAECIPE TO DISCONTINUE
To the Prothonotary:
Please mark the above-entitled case as discontinued without prejudice.
Re 1 Submitted,
obert 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
13-16565
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
Rdbert 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. 13-4196-CIVIL
v. .
•
LINDA FENICLE :
108 N FREDERICK ST :
MECHANICSBURG PA 17055 :
Defendant :
CERTIFICATE OF SERVICE
The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue
up
o INDA FENICLE, by First Class Mail, Postage Pre-Paid, a copy thereof on this O ?day of
�' , 20/4.1 :
LINDA FENICLE, 108 N FREDERICK ST, MECHANIC :OG PA 17055
/ /
/ ,fril
13-16565 ' . .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
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.