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Home My WebLink About13-5114 Supreme C, . Pennsylvania Coul r -M f��m ' n Pleas R . \ .. Ci O�Q et v n o a ems, n 1; i S l A .i\4 P CUMB County 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 pleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction y � ❑ Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC KAROLYN SHAMBAUGH Dollar Amount Are money damages requested. ®Yes El No Requested: X within arbitration limits q (Check one) outside arbitration limits o\ 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 ❑ L] Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Board of Assessment �\ . \ � � ❑ Motor Vehicle 11 Debt Collection: Credit Card E] Board of Elections y: ❑ Nuisance ® Debt Collection: Other – ❑Dept. of Transportation \ ❑ Premises Liability —_ ❑ Statutory Appeal: Other ------- - - - - -- ' ❑ Product Liability (does not include v ------- - - - - - mass tort) — Employment Dispute: me _ r \ � ❑ Slander /Libel /Defamation - - -- -- - - - - -- Discrimination E3 Zoning Board v v ❑ Other: ❑ mpoym Employment Dispute: Other - - -- ❑ Other: ?� ❑ Other: MASS TORT ---- — ------- — E] Asbestos Asbestos ❑ Tobacco \` ❑Toxic Tort -DES REAL PROPERTY MISCELLANEOUS ° jec \\; E] Toxic Ejectment Toxic Tort - Implant � ❑ Common Law /Statutory Arbitration y ❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment \ El Other: [3 Ground Rent El Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ----------- - - - - -- ❑ Mortgage Foreclosure: Residential Restraining Order �` a - - - - - -- - - - - -- \ ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑Partition ❑ Replevin \t \\ PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑Dental E] Other: E] Legal ---------------- ��\ \, ❑Medical E] Other Professional: —– \ \ Y 13 -13287 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 : No. Plaintiff, �^', g' w --� V. KAROLYN SHAMBAUGH� 1736 MAIN ST r--X —44n MECHANICSBURG PA 17055 C:) � Defendant. p �. 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 -13287 C k (�{ 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. KAROLYN SHAMBAUGH 1736 MAIN ST MECHANICSBURG PA 17055 Demandado. NOTICIA LISTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en ]as 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 i usted. mportante para 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 -13287 Esta 00 municacion es de un cobrador de deudas y es tm intent do cohrar una deuda. Cualquier nfi-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. KAROLYNSHAMBAUGH 1736 MAIN ST MECHANICSBURG PA 17055 Defendant. COMPLAINT I. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 120 Corporate Blvd, Norfolk, VA 23502. 2. Defendant, KAROLYN SHAMBAUGH, is an adult individual with last known address of 1736 MAIN ST, MECHANICSBURG PA 17055. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / WAL -MART on August 22, 2010 with account number * * * * * * * * * ** *8297 (hereafter referred to as "Account "). A copy of the account history is attached here to and collectively marked as "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 cominunication. is - oni a dent collector and is an attenipt to collect a debt. Any inlorznation 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 November 2, 2011. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE CAPITAL RETAIL BANK / WAL -MART 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 $672.72. 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, KAROLYN SHAMBAUGH , in the o nt of $672.7 plus costs of this action and any other relief as the Court deems just and reaso able Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 13 -13287 This cominuaication. is from a debt collector wid is an attempt to collect a debt. Any information obtained will be used for dint puil)ose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Cynthia Clarke 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 2 9 2013 By: Cynthia Clarke Custodian of Records 13 -13287 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. XHIBI 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: * * * * * * * * * ** *8297 KAROLYN SHAMBAUGH Account Holder: KAROLYN SHAMBAUGH 1736 MAIN ST MECHANICSBURG PA 17055 Consumer Account Product Code: PVT Issuer: GE CAPITAL RETAIL BANK / WAL -MART Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *8297 Date Account Opened: August 22, 2010 Date of Last Payment: November 2, 2011 Date of Charge Off. March 7, 2012 Balance at Purchase: $672.72 Purchase Date: March 29, 2012 Balance at Charge -Off: $672.72 Less Payments: $.00 Balance Due: $672.72 13 -13287 GECO03 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, Cynthia Clark , 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 / WAL -MART ( "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 29, 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 KAROLYN SHAMBAUGH ( "Debtor ") to the Account Seller the sum of $672.72 with the respect to account number ending in **** ** * * * ** *8297 as of March 7, 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 $672.72 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 Associates, LLC By: 911 hia Me e , Custodian of Records Subscribe and swo o befo me on JU1 2 9 2013 o ' 2013 otary blic Kimberly R. Coles Commonwealth of Virginia 13 -13287 Commisson No. 5ft My Commission Expires 03/3112014 This comma iication is frorn a debt collector wid is an. attempt to collect a dent. Any information obtained will be used f W treat purpose. . . ....... ....... .. . ... . . .. .. . .... . .... . .. ...... ..... ... ..... ......... . . . .... . . ..... ?` GECO03 GE Money Bank BILL of SALE PRA Fresh — March 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 each Transfer Date, and as further described in the Agreement. General Electric Capital Corporation GEMB Lending, Inc. By: __4` �� .- ---- - - By: Title: Glenn Marino -Vice President Title: Stephen Motta- Director GE Capital Retail Bank Monogram Credit Ser\ ices, L.L.C. By By:Y.� Title: Glenn ivlarino -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 GECO03 GE Money Bank BILL of SALE PRA Fresh — March 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 each Transfer Date, and as further described in the Agreement. General Electric Capital Corporation GEMS Lending, Inc.. By: B Title: Glenn Marino -Vice President Title: Stephen Motta- Director GE Capital Retail Bank Monogram Credit Services, L.L.C. B By: Title: Glenn Marino -EVP Title: Glenn Marino- President RFS Holding, L.L.C. GEM Holding, L.L.C. By: By. Title: Vishal Gulati -CFO Title: Vishal Gulati -CFO GECO03 „ GE Money Bank BILL of SALE PRA Fresh — March 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 s 1 ) 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 Bu er on each Transfer Date, and as further described in the Agreement. y General Electric Capital Corporation GEMB Lending, Inc. B By: Title: Glenn Marino -Vice President Title: Stephen Motta- Director GE Capital Retail Bank ' By: Monogram Credit Services, L.L.C. B Title: Glenn Marino -EVP Title: Glenn Marino - President r RFS Holding, L.L.C. By: GEM Holding, L.L.C. / By: Title: � Title: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson �., -OFFIG Sheriff c,yt�rtta 1 -sr raic,r yx �. r RiL F'`tWMNO TAP, Jody S Smith ' Chief Deputy ` 2b 13 Sp 25 PM 2: Richard W Stewart " C&BRLANO COMATY Solicitor : P THE S ��= E. PENNSYDIAMA Portfolio Recovery Associates, LLC Case Number vs. Karolyn Shambaugh 2013-5114 SHERIFF'S RETURN OF SERVICE 09/23/2013 06:55 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Coral Shambaugh, mother of defendant, who accepted as"Adult Person in Charge"for Karolyn Shambaugh at 1736 Main Street, Lower Allen, Mechanicsburg, PA 17055. STEPHEN ENDER, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, 6z C. September 24, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosott Inc. Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID #9405512012591312686 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. 13-5114 Civil v. KAROLYN SHAMBAUGH = et _ 1736 MAIN ST MECHANICSBURG PA 17055 < „r Defendant PRAECIPE TO SETTLE DISCONTINUE AND END PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, DISCONTINUED AND ENDED. R, p<, lly subm' • obvert 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 13-13287 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. 13-5114 Civil v. . • KAROLYN SHAMBAUGH : 1736 MAIN ST : MECHANICSBURG PA 17055 . Defendant : CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle Discontinue and End upon KAROLYN SHAMBAUGH by First Class Mail, Postage Pre-Paid, a copy thereof on this /3 day oL`i , 2014, to: KAROLYN SHAMBAUGH 1736 MAIN :T;° ; HANIC : _ PA 17055 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 13-13287 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will he„QPd f�,*u:,. ---