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HomeMy WebLinkAbout13-4338 Supreme Cora gret Pennsylvania C'ouf Hof GpIn' ' n Pleas 1 For Prothonotary Use Only TIME 51 A M P CI i�OVC,� _het Docket No: � CUMB 'County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the fi ling and service of pleadings or other a ers as required by law or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition E i ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC KAYLA ROMANOSKIE T I Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits O 1 (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 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 ❑ 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 mass tort) ❑ Employment Dispute: E E] Slander/Libel/Defamation Discrimination ❑ Zoning Board ❑ Other: ❑ Employment Dispute: Other ❑ Other: C T I ❑Other: MASS TORT Q ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort -DES REAL PROPERTY MISCELLANEOUS E] Toxic Tort - Implant ❑ Ejectment E] Common Law /Statutory Arbitration B ❑ Toxic Waste ❑ Eminent Domain /Condemnation E] Declaratory Judgment ❑ Other: [] 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 -18218 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 it r4- Portfolio Recovery Associates, LLC 120 Corporate Blvd 1 JUL c 4 Norfolk, VA 23502 �+ �� � �' � 0 TELE: 1- 866 - 428 -8102 pf D LL , }, Ct�fl���' f FAX: (757) 518 -0860 ANIA Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD y�jU// NORFOLK, VA 23502 N O 3 " l ✓ Plaintiff, V. KAYLA ROMANOSKIE 1402 BRADLEY DR APT 314 CARLISLE PA 17013 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 -18218 (800) 692 -7375 V' This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. F. 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. KAYLA ROMANOSKIE 1402 BRADLEY DR APT 314 CARLISLE PA 17013 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, V AYA 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 -18218 Esta comunicacion es de un cobrador de deudas y es un intent do cobras ima deuda. Cualquier .i.nfromaci.on sera utilizada 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. KAYLA ROMANOSKIE 1402 BRADLEY DR APT 314 CARLISLE PA 17013 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, KAYLA ROMANOSKIE, is an adult individual with last known address of 1402 BRADLEY DR APT 314, CARLISLE PA 17013. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / JC PENNEY on June 7, 2010 with account number * * * * * * * * * ** *8631 (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 coi.nmunication is from a debt collector and is an attempt to collect a debt. Any infortnation 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 August 29, 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 $884.47. 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, KAYLA ROMANOSKIE , in the amount of $884.47, plus costs of this action and any other relief as the Court deems just and rea n e. Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 13 -18218 This communication is from a debt collector and is an attempt to collect a debt. Any informadon 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. Date: JUN 2 8 2013 B Anita Bray 6 1 Custodian of Records 13 -18218 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 Telephone: 1- 866 - 428 -8102 Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** *8631 KAYLA ROMANOSKIE Account Holder: KAYLA ROMANOSKIE 1402 BRADLEY DR APT 314 CARLISLE PA 17013 Consumer Account Product Code: PVT Issuer: GE CAPITAL RETAIL BANK / JC PENNEY Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *8631 Date Account Opened: June 7, 2010 Date of Last Payment: August 29, 2011 Date of Charge Off: March 18, 2012 Balance at Purchase: $884.47 Purchase Date: April 30, 2012 Balance at Charge -Off: $884.47 Less Payments: $.00 Balance Due: $884.47 13 -18218 GEC041 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. 1, the undersigned, , Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as f 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. 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 April 30, 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 KAYLA ROMANOSKIE ( "Debtor ") to the Account Seller the sum of $884.47 with the respect to account number ending in * * * * * * * * * ** *8631, as of March 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 $884.47 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 s ciates, LLC BY Anita Bra ,Custodian cords scribed and swo t b foe e on o 2 g 2013, 2013 Notary Public ,► ��r��• Uzzle QoFnm @riw@P1lh of Virginia lNglary Public 13 -18218 Cprvirrllggl ©n No. 3 02460 My commission Expires 1131/2017 This communication is from a dent collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. GEC041 GE Capital BILL of SALE PRA Fresh — April 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 April 19, 2012, and as further described in the Agreement. General Electric Capital Corporation GEMB Lending, Inc. By: 1' By: Title: Glenn Marino -Vice President Title: Stephen Motta- Director GE Capital Retail Bank Monogram Credit Services, L.L.C. 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 Gulati -CFO GE Capital BILL of SALE PRA Fresh— April 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 April 19, 2012, and as further described in the Agreement. General Electric Capital Corporation GEMB Lending, Inc. By: By ' � V 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: Vishal Gulati -CFO Title: Vishal Gulati -CFO GE Capital BILL of SALE PRA Fresh — April 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 April 1.9, 2012, 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. By: By: Title: Glenn Marino -EVP Title: Glenn Marino - President RFS Holding, L.L.C. GEM Holding, L.L.C: By: 1z By: Rt Aaw L Title: `�"� v P Title: - v SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson yy. �«if...L.0~v�Fl{{ i✓4. Sheriff 7 Ht PRO THONG Tp, Jody S Smith ° Chief Deputy r„ 2013 AUG 28 AN 10: 3 7 Richard W Stewart Solicitor €PFICEQrWEWt RJFP CUMBERLAND COUNTY PENNSYLVANIA Portfolio Recovery Associates, LLC Case Number vs. Kayla Romanoskie 2013-4338 SHERIFF'S RETURN OF SERVICE 08/26/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kayla Romanoskie, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 1402 Bradley Drive, Apt. 314, North Middleton, Carlisle, PA 17013. Per the current resident the defendant does not reside at this address. To date the Carlisle Postmaster has been unable to provide a forwarding address for the defendant and the Complaint has expired. SHERIFF COST: $39.78 SO ANSWERS, August 26, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Telzosoft,Inc. N arrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 I ,1� J Portfolio Associates, LLC Q J Si` PRO 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff rJUr�$at Y_V. ��r IN THE COURT OF COMMON PLEAS OF CUMBERLAND CON ', PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff No. 13-4338 CIVIL V. KAYLA ROMANOSKIE 1402 BRADLEY DR APT 314 CARLISLE PA 17013 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respe Submitted, - Wert 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 13-18218 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Barrie 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. 13-4338 CIVIL V. KAYLA ROMANOSKIE 1402 BRADLEY DR APT 314 CARLISLE PA 17013 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon KAYLA ROMANOSKIE, by First Class Mail, Postage Pre-Paid, a copy thereof on thisl � day of , 20/--I?to: KAYLA ROMANOSKIE, 1402 BRADLEY DR APT 314, CARLISLE PA j�01_ 13-18218 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.