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Home My WebLink About14-6313 YSuprme C - f.Pennsylvania Cou A Gom on Pleas For Prothonotary Use Only: T'lME STAMP Cf �Ovexet Docket No: CLIMB -County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiliqg and service o leadin s or other a ers as re uired b law or rules o court. S Commencement of Action: [N Corrplaint ❑ Writ of SummonsE]Petition E E ❑ Transfer from Another Jurisdiction ❑Declaration of Taking T Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERYASSOCIATES,LLC AVERY)WEBSTER I 0 Are money damages requested? ®Yes ❑ No Dollar Amount Requested: X within arbitration limits N (Check one) outside arbitration linits r A Is this a Class Action Suit? ❑Yes N No Is this anAMJAppeal? ❑Yes ®No Name of Plaintiff/Appellant's Attorney.Robert N.Polas,Jr./Carrie Brown/Mark R Garvey/Gregory J.Babcock ❑ Check here if you have no attorney(are a Self-Represented[Pro Sel Litigant) i Nature of the Case: Place an "X" to the left of the ONE case category that most accurately descnbes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. I TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 4 ❑ Intentional p Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution I ❑ Board of Assessment ❑ Motor Vehicle o Debt Collection:Credit Card ❑ Board of Elections ❑ Nuisance 0 Debt Collection:Other ❑ Dept.of Transportation ❑ Premises Liability ❑ StahrtoryAppea-Other S t ❑ Product Liability(does not include E mass tort) El Employment Dispute: t ❑ Slander/LbeVDe&ration Discrimination C El Zoning Board ❑ Other: ❑ Employment Dispute:Other ❑ Other: I ❑ Other: Q MASS TORT N f ❑ Asbestos ❑ Tobacco ❑ Toxic Tort-DESS PROPERTY MISCELLANEOUS B ❑ Toxic Tort-Implant ❑ Ejectment ❑ Common Law/Statutory Arbitration C3 Toxic Waste E] Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Other: ❑ Ground Rent ❑ Mandamus Q Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order ❑ Mortgage Foreclosure:Commercial ❑ Quo War-anto j Q Partition ❑ Replevin PROFESSIONAL LIABILITY Q Quiet Title ❑ Other. ❑ Dental ❑ Other: ❑ Legal } ❑ Medical ❑ Other Professional:- 17-01040 f Robert N. Polas, Jr., Esquire PA Bar#201259 Carrie Brown, Esquire PA Bar# 94055 Mark R. Garvey, Esquire PA Bar# 312686 - Gregory J. Babcock, Esquire PA Bar#205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd ' t (' Norfolk, VA 23502 f `f 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. J"� Plaintiff, V. AVERY J WEBSTER 438 FACTORY ST 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 115 (717) 249-3166 O, +A P61 }�f 17-01040 W " ' l�? This communication is from a debt collector and is an attempt to collect a debt. Ariv;nfnrmal-inn nh+amara will ha-oaA 4}.r+k, + 'Robert N. Polas, Jr., Esquire PA Bar#201259 Carrie Brown, Esquire PA Bar#94055 Mark R. Garvey, Esquire PA Bar#312686 Gregory J. Babcock, Esquire PA Bar#205061 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. AVERY J WEBSTER 438 FACTORY ST 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 17-01040 Esta comm icacion es de un cobrador de deudas y es tui intent do cobrar una deuda. �yi�i�nn ar ��x•��n ny n„r. n� n ri.�..>n.-�n ,-.n«n ....,.,t...-.,-....,;4.. o Robert N. Polas, Jr., Esquire PA Bar#201259 Carrie Brown, Esquire PA Bar#94055 Mark R. Garvey, Esquire PA Bar#312686 Gregory J. Babcock, Esquire PA Bar#205061 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. : AVERY J WEBSTER 438 FACTORY ST 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, AVERY J WEBSTER, is an adult individual with last known address of 438 FACTORY ST, CARLISLE PA 17013. 3. It is averred that Defendant was indebted to U.S. BANK NATIONAL ASSOCIATION on July 1, 2009 with account number ************6710(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 conununication is from a debt collector and is an attempt to collect a debt. A ...:1'1 1— ..—A 4'-- 41-4 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. A copy of the charge off statement is attached hereto and collectively marked as Exhibit "A." 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 October 8, 2013. 8. Plaintiff is the purchaser, assignee and/or successor in interest U.S. BANK NATIONAL ASSOCIATION 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$1,079.49. 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, AVERY J WEBSTER, in the amount of$1,079.49, p cost of this action and any other relief as the Court deems just and rea nabl Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Mark R. Garvey, Esquire, #312686 Gregory J. Babcock, Esquire, #205061 Attorneys for Plaintiff 17-01040 This communication is from a debt collector and is an attempt to collect a debt. A —1,tn4--A —.11 1-.c. .,n.-.A r- 4-4 ....,....... „� VERIFICATION The„undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Elaine Freeman-Lark 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. r v Date: By:SEP 3 0 2014 �-EJ Elaine Freeman-lark Custodian of Records 17-01040 This communication is from a debt collector and is an attempt to collect a debt. X IBIT A This communication is from a debt collector and is an attempt to collect a debt. Anv infnrmatinn nhtnined will he ncerl fnr that nnrnnce EXHIBIT B BILL OF SALE AND ASSIGNMENT OF ASSETS The undersigned Assignor ("Assignor") hereby absolutely -'sells, transfers, assigns, sets-over, quitclaims and conveys to Portfolio Recovery Associates, LLC, a limited liability company organized under the laws of Delaware ("Assignee") on an "AS IS" and "WITH ALL FAULTS" basis, without recourse and without representations or warranties of any type, kind, character or nature,express or implied, all of Assignor's right,title and interest in and to each of the assets identified in the Asset Schedule ("Asset Schedule") attached hereto as Exhibit A (the "Assets"), together with the right to collect all principal, interest or other proceeds of any kind with respect to the Assets remaining due and owing as of the date hereof(including but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Assets into cash or other liquidated property, including, without limitation, insurance proceeds and condemnation awards),from and after the date of this Bill of Sale and Assignment of Assets. DATED: March 1 S,2014 Lot Number Account Typs Number of Assets Balance BUYER: Portfolio Recovery Associates, LLC By: Name(prin : er—A� •�•C�•/ Title: ASSIGNOR: U.S. Bank National Association By: _...._ Name(p n): Joel G. ebmann Title: Sr. ice President By: ice' Name(pri&fpNichael Dorgan Title: SVP--Manager USB FRESH APPROVED 1/282014 Riltm Bank... LISTENING IS JUST THE BEGINNING.sm February 2014 Statement Page 1 of 2 v F.•a Open Date: 01/23/2014 Closing Date: 02/21/2014 Account: 710 Select Rewards Visa®Platinum Card Cardmember Service C 1-866-794-2137 AVERY J WEBSTER ELN 14 N0 v 0:1460 $1,0 9x4 3 Activity Summary Minimum Fymeillt Dui: $53 04 Previous Balance + $1,061.83 Payment C ri ba#e 03f'�9.14 Payments $0.00 ... Other Credits $0.00 Payment lilfarntng .If we do notrecetve your Purchases $0.00 mltttmum payrnentbythedata Itsted move yo"may Katie: Balance Transfers $0.00 to day up to a$35 00 Late Fee Advances $0.00 _..................._....__............................._...I.......................... ......._. Minimum Payment Warning: If you make only the Other Debits $0.00 minimum payment each period,you will pay more in Fees Charged $0.00 interest and it will take you longer to pay off your balance. Interest Charged + $17.66 For example: New Balance = $1,079.49 If you make no You will pay off And you will Past Due $483.00 additional charges the balance shown end up paying Minimum Payment Due $531.00 using this card and on this statement an estimated Credit Line $800.00 each month you in about... total of... pay.- Available Credit None Only the minimum 20 months $1,190 Days in Billing Period 30 payment Reward Points If you would like information about credit counseling Earned This Statement 0 services, call 866-951-1391. For details, see your rewards summary. POST Mail payment coupon Pay online at f Pay by phone Payment Options: with a check www.ftiltonbank.com \I 1-866-794-2137 Make a payment online OR Please print out and send this portion of statement with payment to the address listed FW B_Y'_NA. 710 LISTENING IS JUST THE BEGINNING.sm Account Number 6710 Payment Due Date 3/19/2014 24-Hour Cardmember Service: 1-866-794-2137 New Balance $1,079.49 .toY a bYP hone Minimum Payment Due $531.00 P . to change your address Amount Enclosed $ 000003957 1 SP 000638132807122 E Cardmember Service AVERY J WEBSTER P.O. Box 790408 607 EMILY LN APT 8208 St. Louis, MO 63179-0408 PIEDMONT SC 29673-6642 I I I I I� i ISI i�ll�ul �IIII �I� iii I �I IIILIJ'III'1'lllllllllll'll'llllllllllllllll"1111'1""llllJill II 111111 I I I I Inl I IIIII I IIII I III I m icit 1 V UV it 1 Vu I mim i vu r111U m IYII,Iam:VII 1 VUI OLOU 1 MIL 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: Ca(dmember 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. ► 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. • Riltm Bank., LISTENING IS JUST THE BEGINNING.sM February2014 Statement 01/23/2014 -02/21/2014 Page 2 of 2 AVERY J WEBSTER Cardmember Service 1-866-794-2137 Visa ................................................... 2 Sect.lwards This Year Rewards Earned Statement . to Date Points Earned on Net Purchases 0 0 Total Earned 0 0 For rewards program inquiries and redemption information call 800-657-8308 24 hours a day, 7 days a week or visit us at www.fultonbank.com to access your account. rrpv-tntiae ....... ......... ***THERE IS A BETTER WAY TO FIX THIS PROBLEM *** Your account is scheduled to be charged-off as a bad debt and we will be forced to report it to the national credit bureaus, which can stay on your credit report for as long as 7 years. We really don't want that to happen. PLEASE CALL US IMMEDIATELY to discuss your options at 1-866-951-3862 or VISIT US ONLINE at WWW.MYACCOUNTACCESS.COM. 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. ransactlons Interest Charged Post Date Transaction Description Amount 02/21 INTEREST CHARGE ON PURCHASES $17.66 TOTAL INTEREST THIS PERIOD $17.66 ................ . :::::.:.::::::: ::: :.:::::::.::. ; .....2# .Totals_ ............ Total Fees Charged in 2014 $35.00 Total Interest Charged in 2014 $36.15 nr ChIrge 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 YES $0.00 20.24% NO —PURCHASES $1,079.49 $1,061.83 YES $17.66 20.24% YES —ADVANCES $0.00 $0.00 YES $0.00 20.24% NO End of Statement Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY WOO 11 PM 3.00 cUt;aEus ��+,A'PEN`{ t Cnlhrrf OFFICE OF FN:. u.P,IhF Portfolio Recovery Associates, LLC vs. Avery J Webster Case Number 2014-6313 SHERIFF'S RETURN OF SERVICE 11/03/2014 03:27 PM - Deputy Shawn Gutshall, 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: Avery J Webster at 438 Factory Street, Carlisle Borough, Carlisle, P 17013. GU ALL, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, November 05, 2014 RON2-R ANDERSON, SHERIFF (c) CountySuite Shont:, teleosoft, Inc.