The URL can be used to link to this page

Home My WebLink About14-1449 Supreme Court.of Pennsylvania Court -of Com fton Pleas Cl 6 ovel , t -�' et For Prothonotary use only: [ tti; E. 5 I lu Docket No: CU MBE�� ,.f~ 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. i S Commencement of Action: E ® Complaint ❑ Writ of Summons ❑ Petition C E] Transfer from Another Jurisdiction C] Declaration of Taking I , Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC GEORGE F DEYO JR I 0 Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits N (Check one) outside arbitration limits C A Is this a Class Action Suit? ❑ Yes ®No Is this an MDJAppeal? ❑ Yes GI No I ! Name of Plaintiff /Appellant's Attorney: Robert N. Polas, Jr./ Carrie Brown/ Mark R. Garve ❑ Check here if you have no attorney (are a Self - Represented IPro Sel Litigant) M Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your I` PRIMARY CASE. If you are making more than one type of claim, check the one that { you consider most important. 'III TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Board of Assessment i ❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections I ❑ Nuisance ® Debt Collection: Other ❑ Dept. of Transportation ❑ Premises Liability __ __ El Statutory Appeal: Other j S ❑ Product Liability (does not include I E mass tort) E3 Employment Dispute: ❑ Slander /Libel /Defamation Discrimination C E3 Other: E] Zoning Board ❑ Employment Dispute: Other ❑ Other: T 1. E] Other: - -- - -- – Q MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS B ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration I ❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ 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 -- i ❑ Other Professional: 15 -01800 3 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 ', "; �; 0 TELE: 1- 866- 428- 8102 �'F�f` � , FAX: (757) 518 -0860 Ettt { SYL AI TTY 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. GEORGE F DEYO JR 112 CAVE HL DR 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 (717) 249 -3166 15 -01800 CS k. LLAUaa 2kk 30�D 9!&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. : GEORGE F DEYO JR 112 CAVE HL DR 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 15 -01800 Esta cornunicacion es de un cobrador de deudas y es un intent do cobrar una deuda. Cua].qu.ie.r 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. GEORGE F DEYO JR 112 CAVE HL DR 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, GEORGE F DEYO JR, is an adult individual with last known address of 112 CAVE HL DR, CARLISLE PA 17013. 3. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / CAPITAL ONE BANK (USA), N.A / ORCHARD BANK on October 27, 2007 with account number * * * * * * * * * ** *7955 (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 cominunicati.on is from a debt collector and is an attempt to collect a debt. Any information obtained will be used. for that purpose. 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 10, 2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA, N.A. / CAPITAL ONE BANK (USA), N.A / ORCHARD BANK and Plaintiff is now the holder of the Account. A true and correct copy of the Plaintiffs Bill of Sale 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 $1,299.83. 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, GEORGE F DEYO JR , in mount of $1,299.83 us costs of this action and any other relief as the Court deems just an rea n arrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 15 -01800 This communication is from a debt collector and is an attempt to collect a debt. Any infonn.ation. obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, IfM Spellman 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: FM 2 5 2014 By: Itina Spellman Custodian of Records 15 -01800 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 Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** *7955 GEORGE F DEYO JR Account Holder: GEORGE F DEYO JR 112 CAVE HL DR CARLISLE PA 17013 Consumer Account Product Code: MC Issuer: HSBC BANK NEVADA, N.A. / CAPITAL ONE BANK (USA), N.A / ORCHARD BANK Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *7955 Date Account Opened: October 27, 2007 Date of Last Payment: November 10, 2012 Date of Charge Off: June 29, 2013 Balance at Purchase: $1,299.83 Purchase Date: July 18, 2013 Balance at Charge -Off: $1,299.83 Less Payments: $.00 Balance Due: $1,299.83 15 -01800 HSBS91 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Exhibit 2 Forward Flow Receivable Sale Agreement dated 04/10/2013 BILL OF SALE Closing Date: 07/18/2013 Capital One Bank (USA), National Association ( "Seller "), in consideration of a Purchase Price of and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File entitled which may be in electronic form) to Portfolio Recovery Associates, LLC ( "Buyer "), without recourse or representation except as expressly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of 04/10/2013, by and between Seller and Buyer (the "Agreement'). All capitalized terms used, but not defined in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Cutoff Date for the Sale File was 07/15/2013. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION By: Name: John H. Maurer Title: Vice President Exhibit 1 Forward Flow Receivable Sale Agreement dated 04/10/2013 BILL OF SALE Closing Date: 07/18/2013 Capital One, National Association ( "Seller "), in consideration of a Purchase Price of . -and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File entitled which may be in electronic form) to Portfolio Recovery Associates, LLC ( "Buyer ), wit out recourse or representation except as expressly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of 04/10/2013, by and between Seller and Buyer (the "Agreement "). All capitalized terms used, but not defined in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Cutoff Date for the Sale File was 07/15/2013. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was CAPITAL ONE, NATIONAL ASSOCIATION By: Name: John H. Maurer Title: Vice President PORTFOLIO RECOVERY ASSOCIATES, : IN THE COURT OF COMMON PLEAS OF LLC : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. No. 14 -1449 GEORGE F. DEYO, JR., Defendant CIVIL TERM rr NOTICE TO PLEAD 2 TO: Carrie A. Brown, Esquire Portfolio Recovery Associates 120 Corporate Boulevard Norfolk, VA 23502 :Z -73 co r i� -', You are hereby notified to file a written response to the enclosed within twenty (20) days from service hereof or a judgment may be entered against you. Date: 3 / 7-3-11 Respectfully submitted, DEYO & KULLING Drew . Deyo, Esquire 50 East High Street Carlisle, PA 17013 (717) 386 -5639 Supreme Court ID # 308857 Attorney for Defendant, George F. Deyo, Jr. PORTFOLIO RECOVERY ASSOCIATES, : IN THE COURT OF COMMON PLEAS OF LLC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. No. 14 -1449 GEORGE F. DEYO, JR., Defendant CIVIL TERM DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, George F. Deyo, Jr., by and through his counsel, Drew F. Deyo, Esquire, and in support of these Preliminary Objections to Plaintiff's Complaint, avers as follows: I. Insufficient Specificity in Pleading 1. Plaintiff alleges that Defendant has defaulted on making required payments to an Account ending with 7955. 2. Plaintiff provides no proof that Defendant owes any debt, and to that effect, has failed to attach a cardholder agreement, or another other document with Defendant's signature. 3. In addition, Plaintiff provides no details as to what payments were not made, when said payments were supposed to me made, and ultimately, how Plaintiff is arriving at the total it alleges Defendant owes. 4. Defendant cannot raise a defense against Plaintiff's claim without the above information. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice. herein. when. II. Legal Demurrer pursuant to Rule 1028(a)(4) of Civil Procedure All previous paragraphs are incorporated by reference as though fully set forth 6. Plaintiff alleges that it is the owner of a debt established by Defendant. 7. Plaintiff alleges that said debt was assigned to it, but fails to give a date as to 8. Plaintiff's Complaint fails to attach any proof of assignment. 9. Plaintiff s Complaint fails to establish that Plaintiff is the owner of the alleged debt at issue. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice. Date: 7 I Respectfully submitted, DEYO & KULLING . Deyo, Esquire 50 East High Street Carlisle, PA 17013 (717) 386-5639 Supreme Court ID # 308857 Attorney for Defendant, George F. Deyo, Jr. PORTFOLIO RECOVERY ASSOCIATES, : IN THE COURT OF COMMON PLEAS OF LLC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. No. 14-1449 GEORGE F. DEYO, JR., Defendant CIVIL TERM CERTIFICATE OF SERVICE I, Drew F. Deyo, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of these Preliminary Objections upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Date: kl Carrie A. Brown, Esquire Portfolio Recovery Associates 120 Corporate Boulevard Norfolk, VA 23502 Respectfully submitted, DEW & 'CULLING Dre . Deyo, .quire 50 East High Street Carlisle, PA 17013 (717) 386-5639 Supreme Court ID # 308857 Attorney for Defendant, George F. Deyo, Jr. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff PRC THONG 201ii MIR 214 Ail 23 Jody S Smith Chief Deputy Richard W Stewart Solicitor op C111460, ON, OFFICE Q .TPF: Z+4 ER1FF CUMBERLAND CCU; ;TY PENNSYLVANIA Portfolio Recovery Associates, LLC vs. George Francis Deyo Case Number 2014-1449 SHERIFFS RETURN OF SERVICE 03/14/2014 08:57 PM - Deputy Jason Kinsler, 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: George Francis Deyo at 112 Cave Hill Drive, North Middleton, Carlisle, PA 17013. Ii JASON KINSERDEPUTY SHERIFF COST: $41.56 SO ANSWERS, March 18, 2014 RONIV R ANDERSON, SHERIFF f,c) CounWSuite Sh3riff, Teieosoft, Inc. 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 THE PROTHONO-T lA;t 2014 AUG 19 /1141.111+5 CUMBERLAND tninqv 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 v. GEORGE F DEYO JR 112 CAVE HL DR CARLISLE PA 17013 No. 14-1449 CIVIL Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above -entitled case as discontinued without prejudice. 15-01800 pectfu Sub i i 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: (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. 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 v. GEORGE F DEYO JR 112 CAVE HL DR CARLISLE PA 17013 Defendant : No. 14-1449 CIVIL CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon D W DEYO, ESQUIRE, by First Class Mail, Postage Pre -Paid, a copy thereof on this/2 day of , 2014, to: DREW DEYO, ESQUIRE, 50 E HIG TR T, CARLISLE P- t 13 15-01800 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.