Loading...
HomeMy WebLinkAbout13-5064 Supreme C ,Pennsylvania Cour f qpm on Pleas Ci �oY'r� et CLIMB ` l ; 'Countys The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the sling and service of leadin s or other a ers as required by law or rules of court. Hem Commencement of Action: � ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC AMY GRAYBILL Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits Y g 9 — (Check one) outside arbitration limits 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 ❑ 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. 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 mass tort) ❑Employment Dispute: _--- - - -_ -- �\\\ , ❑ Slander /Libel /Defamation Discrimination ❑ Zoning Board ❑ Other: ❑ Employment Dispute: Other ❑ Other: ❑ Other: { MASS TORT "f ❑ Asbestos �S ❑ Tobacco E] Toxic Tort -DES REAL PROPERTY MISCELLANEOUS [I Ejectment ❑ Toxic Tort - Implant E] Common Law /Statutory Arbitration °s ❑ Toxic Waste C] Eminent Domain /Condemnation El Declaratory Judgment �\ ❑ Ground Rent ❑ Mandamus ❑ Other: El Landlord /Tenant Dispute E] Non -Domestic Relations - -- — �„ ❑Mortgage Foreclosure: Residential Restraining Order y ---- _--- - - - - -- ❑ Mortgage Foreclosure: Commercial E] Quo Warranto H ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: _— __ - -_— - -_ E] Legal \\ ❑ Medical - -__ - -- — - -- `, ❑ Other Professional: 13 -61630 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 ``J t +'I E7 TELE: 1- 866 - 428 -8102 FAX: (757) 518 -0860 Attorneys for Plaintiff ' kiS YL M N, e 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD C /� Co ld NORFOLK, VA 23502 No. J (JCQ� Plaintiff, V. AMY GRAYBILL 335 W PERRY ST ENOLA PA 17025 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 ICE, 7 a ! 13 -61630 al, t-(, � 4 n 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. AMY GRAYBILL 335 W PERRY ST ENOLA PA 17025 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) dial 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 -61630 Esta comunicacion es de un cobrador de d.eudas y es wi intent do cobras una deuda. Cuaiquier infromaci.on sera utilizada pare 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. AMY GRAYBILL 335 W PERRY ST ENOLA PA 17025 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, AMY GRAYBILL, is an adult individual with last known address of 335 W PERRY ST, ENOLA PA 17025. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / LOWES on November 25, 2008 with account number * * * * * * * * * ** *8786 (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. 'Phis cotmm is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that. puij -)ose. 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 February 20, 2010. 8. Plaintiff is the purchaser, assignee and /or successor in interest GE CAPITAL RETAIL BANK / LOWES 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 $1,038.72. 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, AMY GRAYBILL , in the amount of 038.72, plu s 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 -61630 " his corninUnication. is from a cleft collector and is an attempt to collect a debt. Any inforinat:ion obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, D WRYv e E. Davis 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. AUG 22013 Date: B � �-- Z„� -• --- Dwayne E. Davis Custodian of Records 13 -61630 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 r Norfolk, VA 23502 Telephone: 1- 866 - 428 -8102 Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** *8786 AMY GRAYBILL Account Holder: AMY GRAYBILL 335 W PERRY ST ENOLA PA 17025 Consumer Account Product Code: PVT Issuer: GE CAPITAL RETAIL BANK / LOWES Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *8786 Date Account Opened: November 25, 2008 Date of Last Payment: February 20, 2010 Date of Charge Off: September 27, 2010 Balance at Purchase: $1,038.72 Purchase Date: November 3, 2011 Balance at Charge -Off: $1,038.72 Less Payments: $.00 Balance Due: $1,038.72. 13 -61630 GECM77 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, Dwayne E. Davis , 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 CAPITAL RETAIL BANK / LOWES ( "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 November 3, 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 AMY GRAYBILL ( "Debtor ") to the Account Seller the sum of $1,038.72 with the respect to account number ending in * * * * * * * * * ** *8786, as of September 27, 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 $1,038.72 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 A, ciates, LLC By: Dwayn E DRAS , Custodian of Records scribed and swo on befor a on AO G 0 2 20 1 2 om , 2013 Notary Public -- .�. TOT a, Uzzle Commonwaslth of Virginia 13- 61630 Notary Public +1;� f•��� Commission No. 302460 ,' My Commission Expires 1/31/2017 VY This connnuni.cation is from a debt collector and is an. attempt to collect a debt. Any information obtained will. be used .for that pur -pose. r GB Money Bank BILL of SALE PRA 180 -day Mid Prime — October 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 20 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 October 19, 2011, and as further described in the Agreement. GE Money Bank GE Money Bank (Now GE Capital Retail Bank) By: Title: Manager Finance Retailer Credit Services Inc By: Title: President General Electric Capital Corporation By: Title: Vice President GLCM7 lof Z GE Money Bank BILL of SALE PRA 180 -day Mid Prime — October 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 20' 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 October 19, 2011, and as further described in the Agreement. GE Money Bank GE Money Bank (Now GE Capital Retail Bank) By: Title: CFO Retailer Credit Services Inc By. Title: President General Electric Capital Corporation By: `��1. t 1✓ Title: Vice President G EC X177 Z�2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson �', of nc Sheriff tl.F a �t4a CAS t Jody S Smith tiro ' 25 Z• Chief Deputy J,p 3 SEP Richard W Stewart " Solicitor OFFJCSOF THE SHERIFF �U� Rts`�L�AP�1A Portfolio Recovery Associates, LLC vs. Case Number Amy Graybill 2013-5064 SHERIFF'S RETURN OF SERVICE 09/23/2013 05:35 PM- Deputy Stephen Bender, 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:Amy Graybill at 335 West Perry Street, East Pennsboro, Enola, PA 17025. STEPHEK BENDER, DEPUTY SHERIFF COST: $79.31 SO ANSWERS, September 24, 2013 RONW R ANDERSON, SHERIFF (c)County5uite Shenff,Teleosoft,Inc.