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Home My WebLink About14-4494 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the flling and service of pleadings or other papers as required by law or rules of court. Commencement of Action- [Z Complaint ❑ Writ of Summons ❑ Petition S ElTransfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: DOUGLAS K WAGNER JR C PORTFOLIO RECOVERY ASSOCIATES LLC Are money damages requested? ® Yes El No Dollar Amount Requested: ® within arbitration limits (Check one) ❑ outside arbitration limits 0 M Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑Yes ® No A Name of Plaintiff/Appellant's Attorney: Syretta Martin, Frank Janello, Beth Arnold Howell/Greg Dye ❑ 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 Ido not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution IE�Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E ❑ Product Liability (does not include mass tort) ❑Employment Dispute: C ❑ Slander/Libel/Defamation Discrimination T ❑ Other: ❑Employment Dispute: Other ❑ Zoning Board ❑ Other: 0 N ElOther: MASS TORT ❑ Asbestos ❑ Tobacco B ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL,PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partion ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 111/20_ 2932730 PPTXCPRI(05/06/2014) 11111111111111 IN 11111111111111111111111111111111111111111111111111111 IN Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plain tif {{ �£, a 1835 Market Street, Suite 501 PORTFOLIO RECO tfiV'A99 ATESYLC`'�y Philadelphia, PA 19103 800-850-1079 20A JUL 30 PH 2: 30'- CUMBERLAND 0CUMBERLAND COUNTY PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTIONJJ////�� CF vs. No. — 'T7`l� �dc�--Fem DOUGLAS K WAGNER JR 601 WAYNE DR MECHANICSBURG PA 17055 Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 800-990-9108 X113. '75 Pro ATH �,� 3o919y 2932730 PPTNPRAI (04/24/2014) 1111111111111 IIII 11111111111111 VIII VIII VIII VIII VIII VIII 1111111 11 IIII AVISO Le han demandado a usted en la corte. Si usted quiere defen derse de estas demandas expuestas en las paginas siguientes, usted tiene veinte dias de plazo al partir de la fecha de la demanda y la notificacion. Hase falta ascentar una comparencia escrita o en persona o con un aboga do y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisa do que si usted no se de fiende la corte tomara medidas y puede continuar la demanda en contra suva sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propieda des u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAIL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 800-990-9108 Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Greg Dye, Esq_ PA Bar #205316 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 800-850-1079 FAX: (215) 564-3818 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. DOUGLAS K WAGNER JR 601 WAYNE DR MECHANICSBURG PA 17055 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(s), DOUGLAS K WAGNER JR, is/are an adult individual with last known address of 601 WAYNE DR MECHANICSBURG PA 17055. 3. It is averred that Defendants) opened an account on 04-01-12 with account number XXXXXXXXXXXX5313 (hereafter referred to as "Account"). A copy of the charge-off statement is attached hereto and collectively marked as Exhibit "A". 4. By using the Account, Defendant(s) agreed to repay any incurred balances, charges and/or cash advances made to the Account. Failure to pay Defendant(s) incurred charges on the Account is considered a default. 2932730 PPTCPRAI (05/27/2014) 111111111111 IN 11111111111111 VIII VIII VIII VIII VIII VIII 111111111 IN 5. At all relevant times material hereto, Defendant(s) has used said Account for the purchase of products, goods, and/or for obtaining services. 6. Defendant(s) was provided with copies of Account statements showing debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant(s). 7. Defendant(s) was in default with respect to that debt for failure to make the required payments on the Account. The last payment date on this Account was on or about 10-23-2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest of U.S. BANK NATIONAL ASSOCIATION ND and Plaintiff is now the holder of the Account. A true and correct copy of Plaintiff's Verification is attached hereto. 9. As of the date within the Complaint, the remaining balance due, owing and unpaid of Defendant(s) Account, as a result of Defendant(s) and/or any authorized user's of said Account is in the sum of $1255.62. 10. Despite reasonable and repeated demands for payment, Defendant(s) has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all of the damage and detriment of the Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of Plaintiff and against Defendant(s) DOUGLAS K WAGNER JR, in the amount of $1255.62, plus costs of this action and any other relief as the Court deems just and reasonable. Respectfully Submitt , -�� Dated: � Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Greg Dye, Esq. PA Bar #205316 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 800-850-1079 FAX: (215) 564-3818 Attorneys For Plaintiff BHLM REF #: 2932730 VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Anita Bray 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. JUN 2 5 2014 Date: By: Custodian of Records Anita Bray BHLM REF #: 2932730 PPTXPVRI (05/27/2014) Exhibit " A " 2932730 PPTXEXAI ( 04/17/2014 ) Susquehanna Bank July 2013 Statement Page 1 of 2 Open Date: 06/08/2013 Closing Date: 07/09/2013 Account: 5313 Select Rewards Visa®Platinum Card Cardmember Service 1-800-558-3424 DOUGLAS K WAGNER JR ELN 5 New Balance $899.53 Activity Summary Minimum Payment Due $0.00 Previous Balance + $899.53 Payment Due Hate 08/04/2013 Payments $0.00 Other Credits $899.53CR Late Payment Warning: If we do not receive your Purchases $0.00 minimum payment by the date listed above,you may have Balance Transfers $0.00 to pay up to a$35.00 Late Fee. Advances $0.00 Other Debits $0.00 Fees Charged - $210.00CR Interest Charged - $146.09CR New Balance = $899.53 Past Due $0.00 Minimum Payment Due $0.00 Credit Line None Available Credit None Days in Billing Period 32 Mail payment coupon Pay online at Pay by phone Payment Options: With a check myaccountaccess.com C 1-800-558-3424 Please detach and send coupon with check payable to:Cardmember Service 5313 Susquehanna Ban4k Account Number 5313 Payment Due Date 8/04/2013 24-Hour Cardmember Service: 1-800-558-3424 New Balance $899.53 . topay a bYphone Minimum Payment Due $0.00 i .to change your address Amount Enclosed $ Cardmember Service DOUGLAS K WAGNER JR P.O. Box 790408 601 WAYNE DR St. Louis, MO 63179-0408 MECHANICSBURG PA 17055-4987 "1111'11141'll'I'll'I'lllllllllllll'lllllll'I'I"'llll'I'llllll 'lllllllll'llllllJill llllll111111111"'lllll11llllllll'll'lllllll What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement,please call us at the telephone number on the front of this statement,or write to us at: Cardmember Service,P.O.Box 6335,Fargo,ND 58125-6335. In your letter or call,give us the following information: ►Account information:Your name and account number. ►Dollar amount:The dollar amount of the suspected error. 10-Description of Problem:If you think there is an error on your bill,describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement.While we investigate whether or not there has been an error,the following are true: ►We cannot try to collect the amount in question,or report you as delinquent on that amount. ►The charge in question may remain on your statement,and we may continue to charge you interest on that amount.But,if we determine that we made a mistake,you will not have to pay the amount in question or any interest or other fees related to that amount. ►While you do not have to pay the amount in question,you are responsible for the remainder of your balance. ►We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card,and you have tried in good faith to correct the problem with the merchant,you may have the right not to pay the remaining amount due on the purchase. To use this right,all of the following must be true: 1.The purchase must have been made in your home state or within 100 miles of your current mailing address,and the purchase price must have been more than$50.(Note:Neither of these are necessary if your purchase was based on an advertisement we mailed to you,or if we own the company that sold you the goods or services.) 2.You must have used your credit card for the purchase.Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3.You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase,contact us in writing at Cardmember Service,P.O.Box 6335, Fargo,ND 58125-6335.While we investigate,the same rules apply to the disputed amount as discussed above.After we finish our investigation, we will tell you our decision.At that point,if we think you owe an amount and you do not pay we may report you as delinquent. Important Information Regarding Your Account 1.INTEREST CHARGE:Method of Computing Balance Subject to Interest Rate:We calculate the periodic rate or interest portion of the INTEREST CHARGE by multiplying the applicable Daily Periodic Rate("DPR")by the Average Daily Balance("ADB")(including new transactions)of the Purchase,Advance and Balance Transfer categories subject to interest,and then adding together the resulting interest from each category.We determine the ADB separately for the Purchases,Advances and Balance Transfer categories.To get the ADB in each category,we add together the daily balances in those categories for the billing cycle and divide the result by the number of days in the billing cycle.We determine the daily balances each day by taking the beginning balance of those Account categories(including any billed but unpaid interest,fees,credit insurance and other charges),adding any new interest,fees,and charges,and subtracting any payments or credits applied against your Account balances that day.We add a Purchase,Advance or Balance Transfer to the appropriate balances for those categories on the later of the transaction date or the first day of the statement period.Billed but unpaid interest on Purchases,Advances and Balance Transfers is added to the appropriate balances for those categories each month on the statement date.Billed but unpaid Advance Transaction Fees are added to the Advance balance of your Account on the date they are charged to your Account.Any billed but unpaid fees on Purchases,credit insurance charges,and other charges are added to the Purchase balance of the Account on the date they are charged to the Account.Billed but unpaid fees on Balance Transfers are added to the Balance Transfer balance of the Account on the date they are charged to the Account.In other words,billed and unpaid interest,fees,and charges will be included in the ADB of your Account that accrues interest and will reduce the amount of credit available to you.Credit insurance charges are not included in the ADB calculation for Purchases until the first day of the billing cycle following the date the credit insurance premium is charged to the Account.Prior statement balances subject to an interest-free period that have been paid on or before the payment due date in the current billing cycle are not included in the ADB calculation. 2. Payment Information:You must pay us in U.S.Dollars with checks or similar payment instruments drawn on a financial institution located in the United States. We will also accept payment in U.S.Dollars via the Internet or phone or previously established automatic payment transaction. We may,at our option,choose to accept a payment drawn on a foreign financial institution. However,you will be charged and agree to pay any collection fees required in connection with such a transaction. The date you mail a payment is different than the date we receive that payment. The payment date is the day we receive your check or money order at Cardmember Service,P.O.Box 790408,St.Louis, MO 63179-0408 or the day we receive your electronic or phone payment.All payments by check or money order accompanied by a payment coupon and received at this payment address will be credited to your Account on the day of receipt if received by 5:00 p.m.CT on any banking day. Mailed payments that do not include the payment coupon and/or are mailed to a different address will be processed within 5 banking days of receipt and credited to your Account on the day of receipt.In addition,if you mail your payment without a payment coupon or to an incorrect address,it may result in a delayed credit to your Account,additional INTEREST CHARGES,fees,and possible suspension of your Account. Internet and telephone payment options are available,and crediting times vary(but generally must be made before 5:00 p.m.CT to 8 p.m.CT depending on what day and how the payment is made). If you are making an internet or telephone payment,please contact Cardmember Service for times specific to your Account and your payment option. Banking days are all calendar days except Saturday,Sunday and federal holidays.Payments due on a Saturday,Sunday or federal holiday and received on those days will be credited on the day of receipt.There is no prepayment penalty if you pay your balance at any time prior to your payment due date. 3.Credit Reporting:We may report information on your Account to Credit Bureaus.Late payments,missed payments or other defaults on your Account may be reflected in your credit report. Susquehanna Bank July 2013 Statement 06/08/2013-07/09/2013 Page 2 of 2 DOUGLAS K WAGNER JR Cardmember Service `1 1-800-558-3424 Important Messages Each time you or a third party on your behalf, pays your bill by personal check, you authorize us to convert that payment into an electronic debit. If the check is processed electronically, the checking account will be debited for the amount on the check and the debit will appear on your account statement. If you have any questions, please contact us at the Inquiries phone number located on this statement. Transactions . Payments and Other Credits Post Trans Date Date Ref# Transaction Description Amount 06/28 CHARGE OFF $899.53CR TOTAL THIS PERIOD $899.53CR Fees Post Trans Date Date Ref# Transaction Description Amount 06/28 REVERSAL OF LATE PAYMENT FEE $210.00CR TOTAL FEES THIS PERIOD $210.00CR Interest Charged Post Date Transaction Description Amount 06/28 INTEREST REVERSAL $146.09CR TOTAL INTEREST THIS PERIOD $146.09CR 2013 Totals Year-to-Date Total Fees Charged in 2013 $35.00CR Total Interest Charged in 2013 $30.83CR Interest Charge Calculation Your Annual Percentage Rate(APR)is the annual interest rate on your account. **APR for current and future transactions. Balance Annual Expires Balance Subject to Interest Percentage with Interest Balance Type By Type Interest Rate Variable Charge Rate Statement Free Period —BALANCE TRANSFER $0.00 $0.00 $0.00 0.00% NO "PURCHASES $1,255.62 $0.00 $0.00 0.00% YES —ADVANCES $0.00 $0.00 $0.00 0.00% NO End of Statement i�»� � � �y h` � „ '� K&,� y „.,_�s�«_& Ste;' - �� ' a.;r _ ��'-.-- �� W #� m � 1;"` $d s �i � t ' t k. ,. .. :._ ., .� ;. u .. c ^� ,, .. �s �� 'z , �. �i,, 1�+ ;�: ^� ti _ <�, `' ,�: -,�: :: i, r+ � .._ �. �..., .:. q ` _ �' - '.: r. .. _ .F.` .. - _ �. .._ - ;A � - .. �; ,. ._ ,. �� - ,. 4 ..� -, �. v � .. { c N ,a _ _ - $: i .,� ... �,: 3' - �. ', _. _ � :� _ ,. �� .. .�� .w � - T� . .: � .�; t lh n. ... �: a. � _ �. c5i .. �: T,;.. a�: �� , .. Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 sL -J"'-0F i-1Ct Greg Dye, Esq. PA Bar #205316 i i' Tk-IE FR0TE10NO TAR Blatt, Hasenmiller, Leibsker & Moore, LLC �r y JUL3� 2 1835 Market Street, Suite 501 Philadelphia, PA 19103 UMQERLAIND COUNTY TELE: 215-564-1567 FAX: 215-564-3818 PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION VS. No. DOUGLAS K WAGNER JR 601 WAYNE DR MECHANICSBURG PA 17055 Defendant(s). PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTIFF PORTFOLIO RECOVERY ASSOCIATES LLC. Papers may be served at the address set forth below: Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Telephone Number: 1-215-564-1567 BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated: Kr Syretti rtin, sq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Greg Dye, Esq. PA Bar #205316 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 215-564-1567 FAX: 215-564-3818 Attorneys For Plaintiff 2932730 PPTXPEAI (05/12/2014) 111111111111111111111111 111111111111111111111111111111111111111111111 I I IN Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED -OFFICE OF THE PROTHONOTARY otv of CuoraLr,....rrs 20I4 AUG -8 AM I f : 02 -..' CUMBERLAND COUNTY OFFICE OF THE SHERIFF PENNSYLVANIA Portfolio Recorvery Associates, LLC Case Number vs. Douglas K Wagner, Jr 2014-4494 SHERIFF'S RETURN OF SERVICE 08/04/2014 06:02 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Douglas K Wagner, Jr, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 601 Wayne Drive, Upper Allen, Mechanicsburg, PA 17055. Deputies were advised that the defendant now resides at 612 Range End Road, Lot 19, Dillsburg, PA 17019 which is located in York County. SHERIFF COST: $39.30 SO ANSWERS, August 05, 2014 RONNY R ANDERSON, SHERIFF (c) CountySulte Sheriff, Teleosoft. Inc.