HomeMy WebLinkAbout14-1774 . Supyeme C a .t O,Pennsylvania
foul` >df Comm Pleas
.- -v Al. For Prothonotary Use Only: f 1 bt E ST M 1'
CI Cover :get
Docket No:
CLIM ounty q
The information collected on this form is used solely for court administration purposes. This form does not
Supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
S Commencement of Action:
® Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction
E] Declaration of Taking
C Lead Plaintiffs Name: Lead Defendant's Name:
T PORTFOLIO RECOVERY ASSOCIATES, LLC DEB YOUNGBLOOD
I i
U Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits
N (Check one) outside arbitration limits
i
A Is this a Class Action Suit? ❑ Yes ®No Is this an MDJAppeal? ❑ Yes ®No
i
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
E] Premises Liability El Dept. of Transportation
❑ Statutory Appeal: Other
❑ Product Liability (does not include
S mass tort) [I Employment Dispute:
❑ Slander/Libel /Defamation Discrimination
E E] Other: ❑Zoning Board
C ❑ Employment Dispute: Other ❑ Other:
T
I ❑ Other:
MASS TORT
0 ❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS
❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration
B ❑ 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
❑ Other Professional:
15 -24196
Robert N. Polas, Jr.; Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055 _; �4�•,�y.
Mark R. Garvey, Esquire PA Bar # 312686 j a t , , H01 i` j Tt
Portfolio Recovery Associates, LLC
120 Corporate Blvd slMt "14� �:�
Norfolk, VA 23502
TELE: 1- 866 - 428 -8102 +'(i IBER AND COUNTY
FAX: (757) 518 -0860 P
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. 11
'Plaintiff,
V.
DEB YOUNGBLOOD
810 CHARLOTTE WAY APT 201
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
15 -24196
(717) 249 -3166
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that puipose: qA
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.
DEB YOUNGBLOOD
810 CHARLOTTE WAY APT 201
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) 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 AQUTABAJO. 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 -24196
Esta cornunicacion. es de un cob.rador de dcudas y es un intent do cobrar una deuda.
Cualquier in.fromacion 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.
DEB YOUNGBLOOD
810 CHARLOTTE WAY APT 201
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, DEB YOUNGBLOOD, is an adult individual with last known address of 810
CHARLOTTE WAY APT 201, ENOLA PA 17025.
3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / SAM'S CLUB on
April 13, 2007 with account number * * * * * * * * * ** *6115 (hereafter referred to as "Account ").
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 communication is from a dent collector and. is an attempt to collect a debt.
Any infonnat:ion. 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 August 1, 2012.
8. Plaintiff is the purchaser, assignee and /or successor in interest GE CAPITAL RETAIL BANK /
SAM'S CLUB 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
$4,950.88.
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.
I I. 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, DEB YOUNGBLOOD , in the amount of $4,950.88, p osts of this
action and any other relief as the Court deems just and reas ab
Ca rown, Esquire, # 94055
Robert N. Polas, Jr., Esquire, # 201259
Mark R. Garvey, Esquire, # 312686
Attorneys for Plaintiff
15 -24196
This communication is from a debt collector and is an attempt to collect a debt.
Any inforniat:ion obtained. will be used .for that purpose.
VERIFICATION
The undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
Spel lm an ereby 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: ILA An A K 9niA By: . , 4
It111A $�fimyg
Custodian of Records
15 -24196
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.
f t
GE Capital
BILL of SALE
PRA PLCCI+'resh — November 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 25 day of June, 2012 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 November 20, 2012, and as
further described in the Agreement.
GE Capital Retail Bank Monogram Credit Services, L.L.C.
By: Glenn-Marino Glenn Marino
Title: _EVP Title: _President
Date: (2.� t3 IZ_ Date: I- 4w4Pz_
General Electric Capital Corporation RFS Holding, L.L.0
By: �
Glenn Marino Joseph Ressa
Title: _Vice President Title: —CFO
Date: �3��2� Date:
GEMB Lending, Inc. GEM Holding, L.L.0
By: By:
Stephen Motta Joseph Ressa
Title: _Director. Title: _CFO
Date: Date:
GE Capital
BILL of SALE
PRA PLCC Fresh —.November 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 25"' day of June, 2012 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 November 20, 2012, and as
fin described in the Agreement.
GE Capital Retail Bank Monogram Credit Services, L.L.C.
By: By:
Glenn Marino Glenn Marino
Title: _EVP Title: President
Date:
Date:
General Electric Capital Corporation RFS Holding, L.L.0
By: By:
Glenn Marino Joseph Ressa
Title: _Vice President Title: CFO
Date: Date:
GEMB Lending, Inc. GEM Holding, L.L.0
By: By:
Stephen otta Joseph Ressa
Title: __Director Title: CFO
Date: '
Date:
GE Capital
BILL of SALE
PRA PLCC Fresh November 201.2
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 25` day of June, 2012 by and between General Electric Capital Corporation, GE
:Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.I..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 November 20, 2012, and as
further described in the Agreement.
GE Capital Retail Bank Monogram Credit Services, L.L.C.
B y : - Bv:
Gleam Marino w Glenn Marino
Title: _EVP Title: President
Date: Date:
General Electric Capital Corporation RFS ding, L.L. .
By- - By: >_
Glenn Marino Joseph R s a
Title: _Vice President_ Title: CFO
Date: Date:
GEMB Lending, Inc. GE olding, L.L. ,
By: _ -- By:
Stephen Motta. Joseph es r
Title: _Director Title: CFO
Date: _ -- �` Date:—
Deborah K. Youngblood
810 Charlotte Way, Suite 201
Eno la, Pa 17025
Tel: 717-728-9727
Deb Youngblood
810 Charlotte Way, Suite 201
Enola, Pa. 17025 Defendant
V
Portfolio recovery Associates, LLC.
120 Corporate Blvd.
Norfolk, Va. 23502
Plaintiff
flit PRO fiiGNO TAR
2014 APR 16 At1 9:31
GUMERL ANO
COUNTY
PENNSYLVANIA
COUNTER COMPLAINT
)711
1 Defendant does not dispute owing GE Capital retail Bank/Sam's money for the Account number
ending in *6115.
2. If you look at my past history with this carded, you will see that I have been on time and even
have paid-off this card several time since receiving it.
3 Upon my last payment on August 1, 2012, I have since adopted my nephew ( who was 6
months) and my niece ( who was 2 months)
4. My monthly bills have doubled since the adoption, with daycare, food and clothing for the kids.
5. I have tried to settle this account once I had all the adoption issues done, but when I called Sam's
I was told they no longer had the account, that is was giving to a collection agency.
6. I have not heard anything from this or any collection agency referencing this account. It wasn't
until April 3, 2013 when a sheriff came to my door. NO phone calls or letters.
7. Upon my receipt from the sheriff, I call Portfolio to try and work something out. I talked with a
Dean ID# 450, he told me the only thing they could do was for me to pay $1000.00 NOW and
then $85.00 per month for 47 months. I told him there was no way I could come up with that
kind of money, was there anything else...I was told NO and that I need to give them $1000.00
NOW and take this payment plan....I told him I can't do this.
8. On April 4 or 5 I called again to Portfolio after talking with the Cumberland County
Prothonotary office. I call Portfolio again and talked with a lady. The lady from Portfolio said
they could do $500.00 NOW and 74.18 per month for 35 months. I told her again I could not put
anything down...I could do $50.00 to $60.00 a month.
9. The lady at Portfolio than asked me what I was paying in month bills...I gave her all the
information, but she was still going at me to put up $500.00 NOW. Then when thing were not
going the way she wanted to go, she said Portfolio could offer you 20% one -time payment of
$3960.00 instead of $4950.88..Again I told them I can't...Then she said how about 3 payment,
again I told them I can't.
10. The defendant is requesting the Honorable Court to enter a favor of the defendant against
Portfolio recovery Assoc.
11. The following page has a list of monthly (Est.) bills.
Monthly (EST.) Bills
1. Daycare ----$692.00
2.. PP&L----$200.00 to $400.00
3. Cable---$150.00
4. Mortgage & Equity Loans----$796.00
5. Sig. Loan---$200.00
6. Condo Fees---$164.00
7. Water----$45.00 - $55.00
8. Trash & Sewer---$138.00 / every 3 months
9. PSECU Credit Card----$200.00
10.Car Insurance---$68.00
TOTAL $2653.00 to $2863
Monthly Pay Check $2268.98
Carrie A. Brown, Esquire
, , Roiert 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
I HE PRO THONG 1,;2014AUG 19 ANN: 42
r,
CUMBEBL ND
CO
PENNS 'LVANIAN T Y
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.
DEB YOUNGBLOOD
810 CHARLOTTE WAY APT 201
ENOLA PA 17025
No. 14-1774
Defendant
PRAECIPE TO DISCONTINUE
To the Prothonotary:
Please mark the above -entitled case as discontinued without prejudice.
15-24196
' es r ctfully Submit ed
41'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
Rooert 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.
DEB YOUNGBLOOD
810 CHARLOTTE WAY APT 201
ENOLA PA 17025
Defendant
: No. 14-1774
CERTIFICATE OF SERVICE
The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue
upoADEB YOUNGBLOOD, by First Class Mail, Postage Pre -Paid, a copy thereof on this day of
, 2014, to:
DEB YOUNGBLOOD, 810 CHARLOTTE AY APT 201, ENOL 17025
15-24196
ert 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.