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Home My WebLink About13-4801 Supreme C Pennsylvania COUr� f CoII � Il Pleas For Prothonotary Use Only: I I M 1� ti "I 4.1.11' Cl IOV� et Docket No: CU MB - 'Coun ty 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 leadin s or other a ers as required by law or rules of court. S Commencement of Action: E [N Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T PORTFOLIO RECOVERY ASSOCIATES, LLC HEATHER JANKO i O Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits N (Check one) outside arbitration limits A Is this a ClassAction 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 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 S ❑ Product Liability (does not include E mass tort) ❑ Employment Dispute: F1 Slander/Libel/Defamation Discrimination E] Zoning Board C ❑ Other: ❑ Employment Dispute: Other ❑ Other: T I ❑ Other: 0 MASS TORT N ❑ Asbestos ❑ Tobacco REAL PROPERTY MISCELLANEOUS [3 Toxic Tort - DES B ❑ Toxic Tort - Implant C] Ejectment ❑ Common Law /Statutory Arbitration E] Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment r Other: E] 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: � ❑ Dental ❑ Other: ❑ Legal ❑ Medical l ❑ Other Professional: WWI 13 -59732 Robert N. Polas, Jr., Esquire PA Bar # 201259 'Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 C- Portfolio Recovery Associates, LLC � :. 120 Corporate Blvd f,, h }t ` ` }!'-'ifi Norfolk, VA 23502 ` 6 ° J '� 1 3 o • ! rz TELE: 1- 866 - 428 -8102 p ;, ��fi�`�L �� C) FAX: (757) 518 -0860 c COdl Attorneys for Plaintiff P YL VA 1 Q d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD No. I y ?O' NORFOLK, VA 23502 �J Plaintiff, V. HEATHERJANKO 32 CENTER ST LOT 30 MOUNT HOLLY SPRING PA 17065 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 S' 13 -59732 OLWA C, 3L/09Z� 1 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. : HEATHER JANKO 32 CENTER ST LOT 30 MOUNT HOLLY SPRING PA 17065 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. 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 -59732 Esta coinu:nicacion es de un cobrador de deudas y es Lun ilitent do cobras una deuda. Cualquier infrornacion 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. HEATHER JANKO 32 CENTER ST LOT 30 MOUNT HOLLY SPRING PA 17065 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, HEATHER JANKO, is an adult individual with last known address of 32 CENTER ST LOT 30, MOUNT HOLLY SPRING PA 17065. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / AMERICAN EAGLE OUTFITTERS on April 7, 2005 with account number * * * * * * * * * ** *5839 (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. This comITIwaication is from a debt collector and is an attempt to collect a debt. Any i..n:fomiation obtained will be used :for that puilpose. 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 November 15, 2011. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE CAPITAL RETAIL BANK / AMERICAN EAGLE OUTFITTERS 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 " 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 $870.22. 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, HEATHER JANKO , in the amount of $870.22, plus 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 -59732 17his communication is from a dent collector and i.s an. attempt to collect a cleft. Any inlformatiob obtained will be used for that, purlaose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Yvette M Stephen 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: JUL 3 O 2013 By: ' " Yvette M. Stephen Custodian of Records 13 -59732 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 i Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** *5839 HEATHER JANKO Account Holder: HEATHER JANKO 32 CENTER ST LOT 30 MOUNT HOLLY SPRING PA 17065 Consumer Account Product Code: PVT Issuer: GE CAPITAL RETAIL BANK / AMERICAN EAGLE OUTFITTERS Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *5839 Date Account Opened: April 7, 2005 Date of Last Payment: November 15, 2011 Date of Charge Off: December 16, 2011 Balance at Purchase: $870.22 Purchase Date: January 31, 2012 Balance at Charge -Off: $870.22 Less Payments: $.00 Balance Due: $870.22 13 -59732 GECN51 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 Yvette M. Stephen , 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. 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 GE CAPITAL RETAIL BANK / AMERICAN EAGLE OUTFITTERS ( "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 January 31, 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 HEATHER JANKO ( "Debtor ") to the Account Seller the sum of $870.22 with the respect to account number ending in * * * * * * * * * ** *5839, as of December 16, 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 $870.22 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 Associates, LLC M, —� "- nr By: v vefte M StV , Custodian of Records JUL 30 2013 scribed and sworn o efore in n of , 2013 •,, _ vo� rl C. Uzzle (� Vlornrnonwesith of Virginia Notary Public Tm Notary Public 13 -59732 10 +' , Commission No. 302460 My Commission Expires 1/31/2017 This cornuxrrmication is from a debt collector and is an afttetnpt to collect a cleft. Any infiar nation obtained will be used for that purpose. 330 GE MOKY t 8 p.m. 01 -30 -2012 3112 GBQ751 GB Money Bank BILL of SALE PRA Fresh — January 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 2& day of December, 2011, by and between General Electric Capital Corporation, GB Capital Retail Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.0 (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. GE Capital Retail Bank By: Title: General Electric Capital Corporation By: w Title: GEMS Lending, Inc. By: Title: Monogram Credit Services, L.L.C. By: Title: 1 �2 01/31/2012 16:39 67867+. GwML SOU}TMO PAGE 15/15 0 GE Money Bank BILL o1SALE For value received and In Aulber consideration of the mutual covenants and conditions set forth to the'POPward Flow Receivables Purchase Agreement (the "Agmerneht'), dated as of the 20 day of December, 2011 by and between General Electric Capital Corporation, GE Capital EtAtall-Bwk, GBMB bending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and OEM Holding, I;,.L.0 (collectively "Scilej and Portfolio Recovery Associates, LLC. ("Buyer '), Seller hfAvby transfem, 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 ownetlp. the Receivables as set forth in the Notification Files (as dofsned in the Agreement), delive+ed by Seller to Buyer on each Tmsfar Hate, and as fitrtber described in the Agreement. i GL's Capital Retail Bank Title: _ General Electric Capital Corporation By= - - Title: GEMB Lending, Inc, By: 1 tle: -- V\J(A R1 gstlh Monol ram Credit Services, L.L.C. By: Title: to^") SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ' ' Richard W Stewart ` Solicitor Or CE Or TI-E V'MF"- Portfolio Recovery Associates, LLC Case Number vs. 2013-4801 Heather Janko SHERIFF'S RETURN OF SERVICE 08/13/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Heather Janko, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found" at 32 Center Street, Lot 30, Mt. Holly Borough, Mt. Holly Springs, PA 17065. Per current resident Judy Wagner, current resident, defendant never lived at this address. Defendant called into the office and provided her address as 25360-1 Virginia Smith Drive, Calcium, New York, 13616. SHERIFF COST: $35.91 SO ANSWERS, August 14, 2013 RbNIV R ANDERSON, SHERIFF (c)CountySui!e Sheriff,Tel=_oso?t!nc. Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/.312686 :;'- � i'L hi- }; , Portfolio Recovery Associates, LLC ' Ro rt"N10 TA T4.j 120 Corporate Blvd 1813 SFP Norfolk, VA 23502 zs Attorneys for Plaintiff t UNBt RL AND Vk �0-01w fip- NtV -__ 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. 13-4801-CIVIL v. HEATHER JANKO 32 CENTER ST LOT 30 MOUNT HOLLY SPRING PA 17065 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Resp tf 1 Submitted, 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 13-59732 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. 13-4801-CIVIL V. HEATHER JANKO 32 CENTER ST LOT 30 MOUNT HOLLY SPRING PA 17065 Defendant CER'TIFIC'ATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue y upon HEATHER JANKO, by First Class Mail, Postage Pre-Paid, a cop thereof on this/o� day of 20Ato: HEATHER JANKO, 32 CENTER ST LOT 30, MOB OLLY SPRING 1 065 13-59732 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: (75 7) 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.