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Home My WebLink About13-4198 Supreme C '`; ,,Pennsylvania Cou , f 01,9m ' n Pleas CIOj'£ et ocketvts ` CLIMB 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 leadings or other papers as required by law or rules of court. Es Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition [\ ][',i F Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC KATRINA GORNIK ' Dollar Amount j Are money damages requested. ®Yes ❑ N Requested: X within arbitration limits 9 (Check one) _ outside arbitration limits .j 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 a ❑ 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. Y p 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 El Statutory Appeal: Other ❑ Product Liability (does not include _ - -__ _ - -- - -- — S mass tort) ❑ Employment Dispute: ❑ SIander/Libel /Defamation Discrimination ❑ Zoning Board ❑ Other: ❑ Employment Dispute: Other ❑ Other: ` ❑ Other: MASS TORT —_– _ -- -- ❑ Asbestos ❑ Tobacco �? REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain /Condemnation El Declaratory Judgment F Other: ❑ Ground Rent El Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations --------- - - - - -- ❑ Mortgage Foreclosure: Residential Restraining Order �``:° --- - - - - -- -- ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: \R. ❑ Dental ❑ Other: ' ❑ Legal ❑ Medical ❑ Other Professional: -------- - - - - -- 13 -31983 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 r" '� ( HE PRA;' 'fl 120 Corporate Blvd �b� Norfolk, VA 23502 : �{ TELE: 1- 866 - 428 -8102 U 8ERLA1A Coui j•y FAX: (757) 518 -0860 PENN SYLVANIA Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD No. NORFOLK, VA 23502 Plaintiff, V. KATRINA GORNIK 6 JEFFREY RD 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 / a3, 7S ,pd n (717) 249 -3166 Pennsylvania Lawyer Referral Service C #3074 (800) 692 -7375 13 -31983 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. KATRINA GORNIK 6 JEFFREY RD 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 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. S1 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 -31983 Esta comunicacion es de un cobrador de deudas y es un intent do cobrar una deuda. Cualquier infromacion. sera utilizada pars 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. KATRINA GORNIK 6 JEFFREY RD 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, KATRINA GORNIK, is an adult individual with last known address of 6 JEFFREY RD, MECHANICSBURG PA 17050. 3. It is averred that Defendant was indebted to GE MONEY BANK, F.S.B. / THE GAP on May 8, 2006 with account number * * * * * * * * * ** *4835 (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 cominu:iii.cation is from a debt collector and is an attempt to collect a debt. Any informut:ion 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 March 2, 2010. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK, F.S.B. / THE GAP 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 $650.67. 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, KATRINA GORNIK , in the a Zuof$650.67, us cos s of this action r ' and any other relief as the Court deems just and reasonabl Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 13 -31983 This communication is from a debt collector and is an attempt to collect a cleft. Any information obtained will be used for ghat puilaose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, 7IMM $6nd 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 unswom falsification to authorities. Date: JUN 13 2013 B a BOt1�9 Custodian of Records 13 -31983 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: * * * * * * * * * * * 4835 KATRINA GORNIK Account Holder: KATRINA GORNIK 6 JEFFREY RD MECHANICSBURG PA 17050 Consumer Account Product Code: PVT Issuer: GE MONEY BANK, F.S.B. / THE GAP Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *4835 Date Account Opened: May 8, 2006 Date of Last Payment: March 2, 2010 Date of Charge Off: October 8, 2010 Balance at Purchase: $650.67 Purchase Date: August 31, 2011 Balance at Charge -Off: $650.67 Less Payments: $.00 Balance Due: $650.67 13 -31983 GECM23 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, Tjfffla'11 ,il el , 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 MONEY BANK, F.S.B. / THE GAP ( "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 31, 2011. 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 KATRINA GORNIK ( "Debtor ") to the Account Seller the sum of $650.67 with the respect to account number ending in * * * * * * * * * ** *4835, as of October 8, 2010 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 $650.67 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 milit se ice of the United States. Portfolio Recove ssociate , L By: Tamara $ nd , Custodian of Records JUN 13 2013 Subscribed and sw o before me on of , 2013 Tracy Nicole Parker otary P lic Commonwealth of Virginia Notary Public • Commission No. 7509731 13 -31983 MY Commission Expires 212812015 This communication is from a debt collector and is an attempt to collect a dent. Any inforination obtained will he ii.sed for that purpose. ' GE Mon Bank BILL of SALE PRA 120 -day Mid Prime — August 2011 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 the 20th day of December 2010 by and between General Electric Capital Corporation, a Delaware corporation, GE Money Bank, a federal savings bank, and Retailer Credit Services Inc, a Delaware corporation (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 20, 2011, and as further described in the Agreement. GE Money Bank f By:� Title: CFO Retailer Credit Services Inc By: Title: President General Electric Capital Corporation By. l -T Title: Vice President GECM?.3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F,L LL) UF Sheriff Jody S Smith 2,0(3 AUG -1 AM10: 34 Chief Deputy Richard W Stewart C.L I MIS&1-7fiLAJNO COL:44TY Solicitor OFD ICE OFTOCSKPIFF PENNSYL4IANIA Portfolio Recovery Associates, LLC Case Number vs. Katrina Gomik 2013-4198 I SHERIFF'S RETURN OF SERVICE 0712912013 04:23 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Katrina Gornik, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 6 Jeffrey Road, Hampden Township, Mechanicsburg, PA 17050. Deputies were advised that the defendant now resides at 25 Collonwood Building, Middletown, PA 17057. SHERIFF COST: $39.30 SO ANSWERS, July 30, 2013 RbNW R ANDERSON, SHERIFF fc)Countv-100,Sheriff,Tdec,Soft,hic Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 F[L f"G,-0FFJ E Portfolio Recovery Associates, LLC O� THE PRO THOno TA�� 120 Corporate Blvd Norfolk, VA 23502 2013 SEP 23 AH jp: 41, Attorneys for Plaintiff PENN'S�yllu �i TY IN THE COURT OF COMMON PLEAS OF 1�I'�ERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff No. 13-4198 CIVIL V. KATRINA GORNIK 6 JEFFREY RD MECHANICSBURG PA 17050 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respect 1 Subm' ed, i 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 13-31983 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. 13-4198 CIVIL V. KATRINA GORNIK 6 JEFFREY RD MECHANICSBURG PA 17050 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to iscontinue re-Paid a co thereof on this day of upon KATRINA GORNIK,by First Class Mail, Postage P copy y 4 , 2�)to: KATRINA GORNIK, 6 JEFFREY RD, MECHANICSBURG PA 17 13-31983 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 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.