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Home My WebLink About13-4566 Supreme C a of ,Pennsylvania Court f Csom'~ on Pleas �!'1 For Prothonotary Use Only: TtMF, STAMP CI �rOv e�S 1 et Docket No: CUMB County The information collected on this form is used solely for court administration purposes. This form does not supp lement or replace the fi ling and service ofpleadings or other a ers as required by law or rules of 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 KEVIN M FISHER T I Are money damages requested? Z Yes ❑ No Dollar Amount Requested: X within arbitration limits O (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 ❑ Slander/Libel/Defamation Discrimination ❑ Zoning Board C E] Other: ❑ Employment Dispute: Other C] Other: T — I ❑Other: MASS TORT Q ❑ Asbestos N ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES C] Toxic Tort - Implant ❑Ejectment [I Common Law /Statutory Arbitration B ❑ Toxic Waste E] Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Other: C] 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 -50786 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 r` Mark R. Garvey, Esquire PA Bar # 312686 i , ;'rs' � Portfolio Recovery Associates, LLC 120 Corporate Blvd 1 ND Norfolk i f 10: , VA 23502 'k11 °•��- 29 FAX• (75 518-0860 2 p o 3 �'(� ��OLINj ?° 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 NQ Plaintiff, V. KEVIN M FISHER 108 S 36TH ST CAMP HILL PA 17011 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 13 -50786 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. KEVIN M FISHER 108 S 36TH ST CAMP HILL PA 17011 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 personahnente 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 pars 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 13 -50786 Esta cotnunicacion es de un cobrador de deudas y es un. intent do cobrar una deuda. Cualqui.er i.n.fromaci.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. KEVIN M FISHER 108 S 36TH ST CAMP HILL PA 17011 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, KEVIN M FISHER, is an adult individual with last known address of 108 S 36TH ST, CAMP HILL PA 17011. 3. It is averred that Defendant was indebted to CITIBANK,N.A. / SEARS on October 23, 2001 with account number * * * * * * * * * ** *1295 (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 communication is from a cleft 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 December 12, 2010. 8. Plaintiff is the purchaser, assignee and/or successor in interest CITIBANK,N.A. / SEARS 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 $675.45. 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, KEVIN M FISHER, in the amo nt of $675.45 s costs of this action and any other relief as the Court deems just and reasonable. Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 13 -50786 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Lany J. Andrews 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: JUL 2013 By: Larry J. Andrews Custodian of Records 13 -50786 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: * * * * * * * * * ** *1295 KEVIN M FISHER Account Holder: KEVIN M FISHER 108 S 36TH ST CAMP HILL PA 17011 Consumer Account Product Code: PVT Issuer: CITIBANK,N.A. / SEARS Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *1295 Date Account Opened: October 23, 2001 Date of Last Payment: December 12, 2010 Date of Charge Off: July 25, 2011 Balance at Purchase: $675.45 Purchase Date: October 18, 2011 Balance at Charge -Off: $675.45 Less Payments:, $.00 Balance Due: $675.45 13 -50786 SRSM61 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, I Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as of ows: 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 CITIBANK,N.A. / SEARS ( "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 October 18, 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 KEVIN M FISHER ( "Debtor ") to the Account Seller the sum of $675.45 with the respect to account number ending in * * * * * * * * * ** *1295, as of July 25, 2011 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 $675.45 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. Port f li Recovery Assoc' es, LLC O By: Larry I Andrew sCustodian of Records JUL 19 2013 Subsc 'bed nd sworn to before me on of ' 2013 ry he 13 -50786 This communication is from a debt collector and is an attempt to collect a dent, A-n information obtained will be used for that purpose, Contract ID: PRISPIEM082511 Document ID: 101011 PRI SP 1 EMB 1 BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT, dated October 18, 2011, is by Citibank, N:A., a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank ") to Portfolio Recovery Associates, LLC, organized under the laws of the Delaware, with its headquarters /principal place of business at 130 Corporate Boulevard, Norfolk, VA 23502 ( "Buyer "). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated August 25, 2011, between Buyer and the Bank (the "Agreement "), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 and the final electronic file. Citibank, N.A. By: (Signature) Name: Patricia Hall Title: Financial Account Manager PRA 082511.doc SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson �k _ - rc' ;. Sheriff t Jody S Smith ' Chief Deputy 2013 AUG 23 PM 2: 25 Richard W Stewart �` � °Y Solicitor a>:rlCmt�rTHE SHERtF:r CUMBERLAND COUNTY PENNSYLVANIA Portfolio Recovery Associates, LLC Case Number vs. Kevin M Fisher 2013-4566 SHERIFF'S RETURN OF SERVICE 08/15/2013 05:32 PM- Deputy Amanda Cobaugh, 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: Kevin M Fisher at 108 South 36 Street, Camp Hill Borough, Camp Hill, PA 17011. W AMANDA COBAUGH, DEPUT SHERIFF COST: $44.95 SO ANSWERS, August 20, 2013 RbNPrY R ANDERSON, SHERIFF (c)SountySuito Sheriff,TdFosoft,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA � b PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 No. 13-4566 CIVIL c Plaintiff rn CO �rn rn r-- v. CIVIL ACTION - LAW KEVIN M FISHER 108 S 36TH ST CAMP HILL PA 17011 ry Defendant SUGGIESTION OF BANKRUPTCY AND NOW, comes Plaintiff by and through,its attorney, Robert N. Polas, Jr., and would show the Court: 1. A petition has been filed for relief under Title 11, United States Code, in the United States Bankruptcy Court which bears the case number 1304358. 2. Relief was ordered on August 25, 2013. 3. This action is founded on a claim from which a discharge would be a release or that seeks to impose a charge on the property of the estate. 4. This is for informational purposes only, and does not constitute a Notice of Appearance by the undersigned. WHEREFORE, Plaintiff suggests that this action has been stayed by operation of 11 U.S.C. § 362. Respect m.itted, By: Robert N. Polas, Jr., Esquire# 201259 Carrie A. Brown, Esquire, #94055 Mark R. Garvey,Esquire#312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk,VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 13-50786 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Pra.ecipe was served this/�day of September, 2013 by depositing same in the Post Office, first class mail, postage prepaid, addressed as follows: KEVIN M FISHER 108 S 36TH ST CAMP HILL PA 170 Robert N. Polas, Jr., Esquire# 201259 Carrie A. Brown, Esquire, #94055 Mark R. Garvey, Esquire #31.2686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 13-50786 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. MAKE ALL CHECKS PAYABLE TO: Portfolio Recovery Auandatco LLC SEND ALL PAYMENTS TO:Portfolio Recovery Associates,LLC,P.O.Box 12914,Norfolk,VA 23541 ~. COMPANY ADDRESS: Portfolio Recovery Associates,LLC, (2O Corporate Blvd,Norfolk,VA235O2 DISPUTES CORRESPONDENCE ADDRESS:PRA Disputes Department, 140 Corporate Boulevard,Norfolk,VA 23502 DISPUTES DEPARTMENT E-MAIL ADDRESS- PRA_Dixputeu@pwrtfoliorocover/.com DEBIT CARD TRANSACTION FEES: Third party vendors may charge a transaction fee for processing payments made hydebit card;however,PRA does not charge o,accept any fees. Please discuss this option with our staff if you have any questions. QUALITY SERVICE SPECIALISTS AVAILABLE Mon.—Fri.8/&M tnSPM(0ST) Not happy with the way you were treated?Our company sh*ives to provide professional mid courteous service to all out customers. Contact one of our staff to discuss issues related to our quality of service to you by phone at(866)925-7109 or by e-mail at quo\kyxerv]oe@portfb6omecovery.umn PRIVACY NOTICE: We collect certain personal information about you from the following sources: (a)information we received Dnm you;(b)iofonnuboo about your transactions with our utfi!iatem'others,or us;(u)information wo receive&om consumer reporting o800uico. We do not disclose any nonpublic personal information about our customers or former customers to anyone,except as permitted bylaw. We restrict access to nonpublic information about you to those employees and entities that need to know that information iu order to collect your account. We maintain physical,electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. NOTICE: W*are required under state law tu notify consumers of the following rights. This list does not include ucomplete list of rights consumers have under state and federal laws: CALIFORNIA: The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that,except under unusual circumstances,collectors may not contact you before 8 a.m.or after 9 p.m. They may not harass you bv using threats of violence or arrest orhy using obscene language. Collectors may not use false or misleading statements or call you a1 work if they know or have reason to know that you may not receive personal calls at work. For the most part,collectors may not tell another person, other than your attorney or opouou, about your debt. Collectors may contact another person to confirm your location orenforce ajudQroeot For more informa1ion about debt collection activities,you may contact the Federal Trade Commission u$ l-877-F7C'BELPorvmwv.ftc.gnv. Nonprofit credit counseling services may bm available 6o the area. COLORADO: Dffiw*located ut46O0 South Syracuse Street,Suite 93#,Denver,CO8O237.Telephone l-806-5O8-475l.FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.COLORADOATTORNEYGENERALGOV/CA.A consumer has the right to request iowriting that adebt collector or collection agency cease forther communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt. MAINE: Telephone number ao licensed location ix(80O)772~]4]3. Hours of operation ut licensed location are 7:]DAM tml] 9M EST Monday through Friday,0/&Mto 59M EST Saturday,and 2yM tu9P&4 EST Sunday. MASSACHUSETTS: Office located a14PWinter St,Weymouth,MA 02188. Telephone(0OU)772'}4l3. Hours nfoperation are 9A&4m6 pk4 EST Monday through Thursday.NOTICE CF IMPORTANT RIGHTS: YOU HAVE THE RIGHT TO MAKE A WRITTEN DR ORAL REQUEST THAT TELEPHONE CALLS REGARDING YOUR DEBT NOT BG MADE TD YOU ATYOUR PLACE OFEMPLOYMENT. ANY SUCH ORAL REQUEST WILL BB VALID FOR ONLY TEN DAYS UNLESS YOU PROVIDE WRITTEN CONFIRMATION 0FTHE REQUEST POSTMARKED OR DELIVERED WITHIN SEVEN DAYS OF SUCH REQUEST. YOU MAY TERMINATE THIS REQUEST BY WRITING TO THE DEBT COLLECTOR. NEW YORK CITY: City of New York License Numbers \O96094, !394G95, l3g46A7' l394696, }]94698~ lJ047OO. l394649. 1394694. NORTH CAROLINA:Collection Agency Permit No.4l32. � TENNESSEE: This collection agency is licensed by the Tennessee Collection Service Board of the Department of Commerce and ! Insurance.(400000770) This communication is from a debt collector and i8 an attempt to collect a debt.' Any information obtained will be used for that purpose.