HomeMy WebLinkAbout13-4844 Supreme C.omrt of,Pennsylvania
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Cour "' f vom on Pleas
r ' '<:, For Prothonotary Use Only: T 000 STA M P
Ci Ii t o be
ve et Docket No:
CUMB ' County r
The information collected on this form is used solely for court administration purposes. This form does not
supp lement or replace the filing and service of pleadin s or other pa ers as required by law or rules of court.
Commencement of Action:
S ® Complaint ❑ Writ of Summons ❑ Petition
j E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiffs Name: Lead Defendant's Name:
PORTFOLIO RECOVERY ASSOCIATES, LLC JENNIFER RAMOS
T
I Are money damages requested? ® 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 E] Board of Elections
C] Nuisance ebt 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 ❑ Other: ❑ Employment Dispute: Other ❑ Other:
T ❑Other:
I MASS TORT
Q ❑ Asbestos
N ❑ Tobacco
F] Toxic Tort -DES REAL PROPERTY MISCELLANEOUS
[] Toxic Tort - Implant E) Ejectment ❑ Common Law /Statutory Arbitration
B ❑ Toxic Waste E) Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Other: ❑ Ground Rent E] Mandamus
❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations
❑ Mortgage Foreclosure: Residential Restraining Order
k ❑ Mortgage Foreclosure: Commercial ❑ Quo W arranto
!! ❑ Partition ❑ Replevin
PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other:
❑ Dental ❑ Other:
❑ Legal
❑ Medical
❑ Other Professional:
13 -49584
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 a r T <<
120 Corporate Blvd �`:': ;, , J -:.� r
Norfolk, VA 23502
TELE: 1- 866 - 428 -8102 �,
FAX: (757) 518 -0860 1 ivy fi (,f-i,6�; i
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.
JENNIFER RAMOS
817 HAMILTON ST
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
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
13 -49584 S
(717) 249 -3166
•� (a�j , � ,
0� a
C,r 33b7 U
This communication is from a debt collector and is an attempt to collect a debt. Ll
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.
JENNIFER RAMOS
817 HAMILTON ST
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 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 -49584
Esta coniunicacion es de un cobrador de deudas y es un intent do cobrar ana deuda.
Cualquier .inf:romacion 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.
JENNIFER RAMOS
817 HAMILTON ST
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, JENNIFER RAMOS, is an adult individual with last known address of 817
HAMILTON ST, CARLISLE PA 17013.
3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / OLD NAVY on
November 6, 2007 with account number ************2913 (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.
Tbis conim.un:icat.ion is from. a debt 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 October 28, 2011.
8. Plaintiff is the purchaser, assignee and/or successor in interest GE CAPITAL RETAIL BANK /
OLD NAVY 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
$833.30.
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, JENNIFER RAMOS , in the amount of $833.30, plus costs of this action
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 -49584
This communication is from. a debt collector and is an attenipt to collect a debt.
Any in.fonnation obtained will be used for that purpose.
VERIFICATION
The undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
!rAm ra 13811d 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 1 0 2013 By:
'samara Band
Custodian of Records
13 -49584
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
X 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 * * * * * * * * * * * *2913
JENNIFER RAMOS
Account Holder:
JENNIFER RAMOS
817 HAMILTON ST
CARLISLE PA 17013
Consumer Account Product Code: PVT
Issuer: GE CAPITAL RETAIL BANK / OLD NAVY
Assignee: Portfolio Recovery Associates, LLC
Account Number: * * * * * * * * * ** *2913
Date Account Opened: November 6, 2007
Date of Last Payment: October 28, 2011
Date of Charge Off: June 3, 2012
Balance at Purchase: $833.30
Purchase Date: June 28, 2012
Balance at Charge -Off: $833.30
Less Payments: $.00
Balance Due: $833.30
13 -49584
GECPO4
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.
iJ_fi Lii� f : r� r
I, the undersigned, , 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 / OLD NAVY ( "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 June 28, 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 JENNIFER RAMOS ( "Debtor ") to
the Account Seller the sum of $833.30 with the respect to account number ending in * * * * * * * * * ** *2913, as of June 3,
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 $833.30 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 Recove so c tes, C
By: , Custodian of Records
JUL 10 2013
scri and sworn to before me on of , 2013
u lic
13 -49584
This communication is from. a debt collector and is an a.ttern.pt to collect a debt.
Y'vny infortmation obtained will be used for that purpose.
GECPO4
GE Capita!
BILL of SALE
PRA Fresh — ,Tune 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 June 19, 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: �.. a .�_ _ By:
Title: Glenn Marino -EVP Title: Glenn Marino- President
RFS Holding, L.L.C. GEM Holdina, L.L.C.
By: By:
Title: Vishal Gulati -CFO Title: Vishal Gulati -CFO
GE Capital
BILL of SALE
PRA, Fresh — June 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 June 19, 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: B
Title: Vishal Gulati -CFO Title: Vishal Gulati -CFO
i t
GE Capital
BILL of SALE
PRA Fresh —,Tune 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 June 19, 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
By: By:
Title: �j� L�CI� — Title:
1
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson r-ILE-0-OF 4'ICE
Jody S Smith
ce Q SEP -6 AM 11
Chief Deputy
Richard W Stewart r ,~° CUMBERLAND COU114TY
Solicitor OMCF.OF THE SKRIF" PENNSYLVANIA
Portfolio Recovery Associates, LLC
Case Number
vs.
Jennifer Ramos 2013-4844
SHERIFF'S RETURN OF SERVICE
08/29/2013 05:18 PM- Deputy Ryan Burgett, 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: Jennifer Ramos at 817 Hamilton Street, Carlisle Borough, Carlisle, PA 17013.
RYAN BURGETT, Y
SHERIFF COST: $34.78 SO ANSWERS,
C✓
August 30, 2013 RON ~ R ANDERSON, SHERIFF
(c)CountySuito Sheriff,Teleosoft.Inc.
Carrie A. Brown, Esquire
Robert N. Polas Jr, Esquire
Mar Z R. Garvey, Esquire
Gregory J. Babcock, Esquire
Attorney ID # 94055/201259/312686/205061
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
Attorneys for Plaintiff
0.7ICE
CiF F:37.1-:ONOTAR'r
2214 t!0': 10 10: 59
C'X':31./R1.,1.:`,D COUNTY
PS-1.NSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD
NORFOLK, VA 23502
Plaintiff
v.
JENNIFER RAMOS
817 HAMILTON ST
CARLISLE PA 17013
Defendant
No. 13-4844 CIVIL
PRAECIPE TO SETTLE DISCONTINUE AND END
PLEASE MARK THE ABOVE -CAPTIONED ACTION AS SETTLED,
DISCONTINUED AND ENDED.
13-49584
Rrr/p
o.ert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055
Mark R. Garvey, Esquire PA Bar # 312686
Gregory J. Babcock, Esquire PA Bar # 205061
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
TELE: 1-866-428-8102
FAX: (757) 518-0860
Attorneys for Plaintiff
ly submit
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
Came A. Brown, Esquire
Robert N. Polas Jr, Esquire
Mark R. Garvey, Esquire
Gregory J. Babcock, Esquire
Attorney'1D # 94055/201259/312686/205061
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
v.
JENNIFER RAMOS
817 HAMILTON ST
CARLISLE PA 17013
Defendant
: No. 13-4844 CIVIL
CERTINCATE OF SERVICE
The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle
Discontinue and End upon ENNIFER RAMOS by First Class Mail, Postage Pre -Paid, a copy thereof on
this day of
13-49584
, 2014, to:
JENNIFER RAMOS 817 HAM
T, CARL
SLE P
1 0S
ert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055
Mark R. Garvey, Esquire PA Bar # 312686
Gregory J. Babcock, Esquire PA Bar # 205061
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.