The URL can be used to link to this page

Home My WebLink About13-5094 Supreme C, Pennsylvania Cour f Com ~ on Pleas y For Prothonotary Use Only: 1111 I STr114 f Cil oveS et Docket Nor CLIMB County The information collected on this form is used solely for court administration put-poses. This form does not supplement or replace the filing 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 VIDA FRANKLIN T I Are money damages requested? ® Yes 11 No Dollar Amount Requested: X within arbitration limits O (Check one) outside arbitration limits N Is this a Class Action Suit? ❑ Yes N 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 Cl 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: El Employment Dispute: Other C] Other: _ T I C3 Other: MASS TORT Q [1 Asbestos N ❑ Tobacco y C] Toxic Tort - DES REAL PROPERTY MISCELLANEOUS I ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Toxic Waste [I Eminent Domain /Condemnation El 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 -54412 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 (. I _OFFICE Portfolio Recovery Associates, LLC OF T t`M* P �a l `P�lf1 120 Corporate Blvd Norfolk, VA 23502 X13 AUG 29 AIM to; 26 TELE: 1- 866 - 428 -8102 ND �DU CUMBERLAND (757) 518 -0860 PEN NSY L V ANIA 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 No. Plaintiff, V. VIDA FRANKLIN 9 E GREEN 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 -54412 CL1 I j 13 va, 7 S C� 3ya��y 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. VIDA FRANKLIN 9 E GREEN 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 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 ENSGUJDA. 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 -54412 Esta c.omunicacion es de. L111 col rador de deudas v es un intent do cobrar una deuda. Cualquier .infi-oMacion 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. VIDA FRANKLIN 9 E GREEN 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, VIDA FRANKLIN, is an adult individual with last known address of 9 E GREEN ST, CAMP HILL PA 17011. 3. It is averred that Defendant was indebted to GE MONEY BANK, F.S.B. / JC PENNEY on August 24, 2004 with account number * * * * * * * * * ** *2876 (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 cominuiiication is from a debt collector and is an attempt to collect a debt. Any information obtained w-itl 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 January 18, 2010. 8. Plaintiff is the purchaser, assignee and /or successor in interest GE MONEY BANK, F.S.B. / 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 $1,060.01. 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, VIDA FRANKLIN, in the amount of $1,060.01 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 -54412 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for t:h.at purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Rosie V. McNeal 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. JUL 2 9 2013 Date: By: Rosie V. M cNeal Custodian of Records 13 -54412 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. IBI 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: * * * * * * * * * ** *2876 VIDA FRANKLIN Account Holder: VIDA FRANKLIN 9 E GREEN ST CAMP HILL PA 17011 Consumer Account Product Code: PVT Issuer: GE MONEY BANK, F.S.B. / JC PENNEY Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *2876 Date Account Opened: August 24, 2004 Date of Last Payment: January 18, 2010 Date of Charge Off: April 29, 2010 Balance at Purchase: $1,060.01 Purchase Date: March 31, 2011 Balance at Charge -Off: $1,060.01 Less Payments: $.00 Balance Due: $1,060.01 13 -54412 GECK76 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, Ftosie V. McNeal , 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 MONEY BANK, F.S.B. / 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 March 31, 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 VIDA FRANKLIN ( "Debtor ") to the Account Seller the sum of $1,060.01 with the respect to account number ending in * * * * * * * * * ** *2876, as of April 29, 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 $1,060.01 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 By: Rosle V. McNeal Custodian of Records JUL 310 2013 O cribed and sworn to efore eon of , 2013 btary Public ( � Tavana C. Uzzle Commonwealth of Virginia Notary Public 13 -54412 Commission No. 302460 y!t My Commission Expires 1/31/2017 This c€ n.ir tunication is I. - roan a debt collector and is an attempt to collect a debt. Any information obtained will be tised for that puil)ose. y , A t GE Money Bank BILL of SALE PRA 120 -day Mid Prime — March 2011 For value received and in firrther consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement "), dated the 20th 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 March 19, 2011, and as further described in the Agreement. GE Money Bank t By: --e=- Michael rage► Title: CFO Retailer Credit . ices Inc By: Brent Wallace Title: President General Electric Cap' al qprporation By: Title: Vice resid tit G SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - ,,..•-i - ! ! ?G Sheriff : Jody S Smith Chief Deputy 2.5i3OCT 4 2 Richard W Stewart , . q COUNTY Solicitor CUMBERLAND 0FFjC� OF TkE ^RaRjr9 t-E N N S 1 L N I A Portfolio Recovery Associates, LLC vs. Case Number Vida Anastasia Franklin 2013-5094 SHERIFF'S RETURN OF SERVICE 09/27/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Vida Anastasia Franklin, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 9 E. Green Street, Shiremanstown Borough, Shiremanstown, PA 17011. Deputies were advised by the defendant's former roommate that the defendant moved out this past summer and they do not have an address for her, the Complaint has since expired. SHERIFF COST: $49.95 SO ANSWERS, September P 27, 2013 RON R ANDERSON, SHERIFF (C)CountySuite Sheriff,Teleosoft,Inc. Carrie A. Brown, Esquire 'Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 Portfolio Recovery Associates, LLC '` �`�Ui � 120 Corporate Blvd n1]OCT 23 0110:}p: 39 Norfolk, VA 23502 Attorneys for Plaintiff ';IMBERLANO COUNT PENNSYLVANIA 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. 13-5094 Civil v. VIDA FRANKLIN 9EGREENST CAMP HILL PA 17011 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Re ect ly Submitte•, ' rert 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 13-54412 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. 13-5094 Civil v. • VIDA FRANKLIN • 9 E GREEN ST CAMP HILL PA 17011 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon VIDA FRANKLIN, by First Class Mail, Postage Pre-Paid, a copy thereof on this)1 day of /CY-- , 20o: VIDA FRANKLIN, 9 E GREEN ST, CAMP HILL PA 17! 1 13-54412 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.