The URL can be used to link to this page

Home My WebLink About12-4096Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attornevs for Plaintiff T PR?7H'ofjtor? f012JUN29 PM l: 12 WANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 No. Plaintiff v. NEAL SWILER 3916 SILVER BROOK DR MECHANICSBURG PA 17050 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, an 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 MAYBE 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 Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 S ? /o-3. 75fd/? C-# noo63 ?Ar, I --02?73 97 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 Portfolio Recovery Associates, LLC 140 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 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. V. NEAL SWILER 3916 SILVER BROOK DR MECHANICSBURG PA 17050 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demands puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) Bias 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 esate 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 AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 F5 i s communication is firc m cleht: collector a rd is al') . tlenlpi: to collect a'Acht, env intormation obtained will be u,c i'Or that purpose, Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 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 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. V. NEAL SWILER 3916 SILVER BROOK DR MECHANICSBURG PA 17050 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. Defendant NEAL SWILER, is an adult individual with last known address of 3916 SILVER BROOK DR, MECHANICSBURG PA 17050. It is averred that Defendant was indebted to GE MONEY BANK F.S.B. / OLD NAVY on February 26, 2009 with account number ************2538 (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.. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. T!i s coin uriication is front a debt collector l)d is an attempt to collco a (1,"N' Nriy information obtaiiied wi11 be u.,11cd 1'or that purpc)se. 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. 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 May 2, 2010. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK F.S.B. / OLD NAVY and Plaintiff is now the holder of the Account, A true and correct copy of the affidavit is attached hereto and collectively marked as Exhibit "A." 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 $1,840.08. 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, NEAL SWILER, in the amount of $1,840.08, plus costs of this action and any other relief as the Court deems just and reasonable. i Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-91433 l )Ii : commu€iication is from a debt collector,iii i is fill a CIT111t t« c011W A .lChl, ` n Hillormation obtaMed will lie os?,d I'or ghat pt.arl ose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Mary L. Moore 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 13 2012 Date : 11-91433 4 B_ ary Moore Custodian of Records 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 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 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************2538 NEAL SWILER Account Holder: NEAL SWIER 3916 SILVER BROOK DR MECHANICSBURG PA 17050 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase: Purchase Date: Product Code: PVT GE MONEY BANK F.S.B. / OLD NAVY Portfolio Recovery Associates, LLC ************2538 February 26, 2009 May 2, 2010 December 10, 2010 $1,840.08 September 29, 2011 Balance at Charge-Off: $1,840.08 Less Payments: $.00 Balance Due: $1,840.08 11-91433 GECM49 This communication is from a 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, Mary L. Moore depose, affirm and state as follows: Custodian of Records, for Portfolio Recovery Associates, LLC hereby 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, 140 Corporate Boulevard, Norfolk, Virginia. 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 MONEY BANK F.S.B. / OLD NAVY ("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 September 29, 2011. 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 NEAL SWILER ("Debtor") to the Account Seller the sum of $1,840.08 with the respect to account number (************2538), as of December 10, 2010 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 $1,840.08 as due and owing as of the date of this affidavit. Po oh Recovery ssociates, LLC By: ary L. Moore , Custodian of Records Subscribed and sworn to before me on Notary 11-91433 JUN 13 2012 of 2012 Jason Vita Commonwealth of Virginia Notary Public Commission No. 7509710 My Commissicr Expires 1 10 112015 C111T1Ut1icati«n is lit r e a debt colle4ic>r and is an ttte ??l?t to collect t cleft, y",)v !111, s1-r ration a}Nalned will he used f«r drat purpo c. BILL of SALE GE Money Bank PRA 120-day Mid Prime - September 2011 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 the 20th day of December 2010 by and between General Electric Capital Corporation, a Delaware corporation, GE Money Bank, a federal savings bank, and Retailer Credit Services Inc, a Delaware corporation (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 September 20, 2011, and as further described in the Agreement. GE Money Bank t By: ?,,2?---- Title: CFO Retailer Credit Services Inc By: .la?G?/ Lll? Title: President General Electric Capital Corporation By: Title: Vice President Gf.cM 4 9 1 or 2 BILL of SALE GE Money Bank PRA 120-day Mid Prime - September 2011 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 the 20th day of December 2010 by and between General Electric Capital Corporation, a Delaware corporation, GE Money Bank, a federal savings bank, and Retailer Credit Services Inc, a Delaware corporation (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 September 20, 2011, and as further described in the Agreement. GE Money Bank By: Title: CFO Retailer Credit Services Inc By: Title: President General Electric Capital Corporation By: Title: Vice President GEcA*M9 2 w 2 L NATY + S?N r, NEAL SWILER Visit us at eservice.oldnavy.com Account Number X538 Customer Service: 1-866-450-5294 Summary of Account Activity Payment Information Previous Balance $1,714.59 New Balance $1,71120 - Payments $20.00 Total Minimum Payment Due $20.OD - Other Credits $18.62 Ovedim8 Amount $113.20 + Interest Charged $37.23 Payment Due Date 06/0612010 New Balance $1,713.20 Late Payment Waming:lt we do not receive your minimum payment by the date listed above, you may have to pay a late Credit Limit $1,600.00 fee up to $39.00 and your APRs may be increased up to a Available Credit $0.00 Penalty APR of 26.24%. Cash Limit $320.00 Available Cash $0.00 Minimum Payment Warning: Even if you make no more charges using this card, if you make only the minimum Statement Closing Date OSl1120t0 payment each month we estimate you will never pay off the Days in Billing Cycle 30 balance shown on this statement because your payment will be less than the interest charged each month. If you make more than the minimum payment each period, you will pay less in interest and pay off your balance sooner. For example, if you instead paid $69.00 per month, you would pay off the balance shown on this statement in around 3 years. If you would like information about credit counseling services, call 1-877-302-8775. Your Rewards Summary Your Account News Beginning Points Balance 680 Each purchase leads to rewards. Enjoy a $10 Reward Card Points Earned in Our Stores' 0 for every 1,000 points earned. You're only 320 Total Points 680 points away from earning your next Reward Card. POINTS TO NEXT REWARD 320 Transaction Summary Tran Date Post Date Reference Number Description of Transaction or Credit Amount 'Purchases In Our Stores (Gap, Old Navy, Banana Republic, Piperlime and Athlete) Other Transactions (gas, groceries, etc.) 05102 D5102 7447994GBOOXS6HOZ ONLINE PAYMENT THANK YOU ALPHARETTA GA ($20.00) 05111 05/11 INTEREST CHARGE ADJUSTMENT ($18.82) Fees TOTAL FEES FOR THIS PERIOD $0.00 Interest Charged D5111 05/11 interest Charge on Purchases $3723 D5111 05111 Interest Charge on Cash Advances $0.00 TOTAL INTEREST FOR THIS PERIOD $37.23 2010 Totals Year-To-Date Total Fees charged in 2010 $35.00 Total Interest charged in 2010 $185.12 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. - Annual Balance Expiration Percentage Subject To Interest Type of Balance Date Rate Interest Rate Charge Purchases WA 26.24% $1,725.89 $37.23 Cash Advances N/A 1:6.24% $0.00 $0.00 PAYMENT DUE BY 5 P.M. (ETI ON THE DUE DATE. NOTICE: We may convert your payment into an electronic debit. See Statement Disclosures link below for details, Billing Rights and other important information. 6544 BYH 1 7 11 100511 E O PAGE 1 of 1 3175 1600 0153 Ol EW6544 Account Number: 538 MT 1 a L Total Minimum Payment Overilmit te Payment Due Due Date Amount $20.00 06/06/2010 $113.20 7$1,71732 Save a stamp, pay on-line. $ 11 ? ? ? ? a ? ? We currently do not accept payments in our stores. NEAL SWILER 3916 SILVER BROOK DR MECHANICSBURG PA 17050.5009 Make Payment To: OLD NAVY VISA/GEMB PO BOX 960017 ORLANDO, FL 32896-0017 CustomwServlce/Quesftons: For account information, please call the toll tree number on the front of this statement. Unlessyour name's listed on this statement, your access to information on the account may be limned. You may also mail quest ions (bul not payments) to RO. Box 981064, El Paso, TX 79998.1064. Please indudeyouraocounl numberor any correspondenceyou send to us. Payments: Send payments to the address listed on the remit portion of this statement or pay online. Notice: See belowforyonrB9lingRightsandother important information Telephoning about billing errors will no(preserve your rights under federal law To erve ur Ms. Billing Inquiries Address, POBoxg81401 El Paso, TX 79998-1401. Purchases. returns, and payments made just prior to billing date may not appear until next month's statement. We reserve the right to obtain payment electronically forany check or other instrument that you send to us by Initiating an ACH (electronic) debit In the amount of your check or instrument to your account. Your check or Instrument will not be returned to you by us or your bank. Your bank account maybe debited as early asthe sameday we receive your payment You may choose not to haves your payment eo6eetod okcbonkWN by sending your payment (with tbs payment stub), In your own onvoloti notthsaxlosed windowslwslopa, addressed to: PA. Box530993AtIaft GA 30353-011 and not#* Payment Address. What To Do If You Think You FlrndA Mistake On YourSteroment: If you think there is an error on your statement, write to us at: GE Money Bank, P.O. Box 981401, El Paso, TX 79888-1401 or you may also contact us on the Web indicated on the front of this statement. In your letter, give us the following informal& - Account Information: Your name and account number . Dollar Amount. The dollar amount of the suspected error . Description of the problem: If you think there is an error on your bill. describe what you believe is wrong and wiry you believe it's a mistake. You must contact us within 60 days aflertheerror appeared onyourstalenient. You must notify us of any potential errors in writing(oreadronically) Ywmayrallus,but ifyoudowe are riot required to investigate arty potential errors and you may have to pay the amount in question. 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 conlinceto 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 o- other fees related to that amount.. While you do not have to pay the amount in question, you are responsible for the remainderof your balance. • We can apply any unpaid amount againsl your credit limit. YourRights If YourAns Dissatisfied With Your Credit CardParchases: If you are dissatisfied with thegoods orservices that you have purchased with your credit card, and you have tried in good faith IDCOrrect the problem with the merchant, you may have the right not to pay the remaining amours due on the purchase. To use this right, all of the following must be true: l) The purchase must have been made in your home state or within 100 miles of your current mailing address. and the purchase I must have been more than $50. (Note Neither of these are necessary if yourpurchasewas based on an advertisement we mailed to you, or ifmown thecomparrylhalsold yonthegoods orsei ices.),2)Youmusthaveusedyourcredil cardforthepurchase Purchases made with cash advances from an ATM or with a check that accesses ouyour credit card account do not quality: 3) You must not yet have fully paid for the purchase. If all of the critena above are met and you are at in dissatsfied with the purchase contact us in whim (or electronically) at: GE Money Bank, PD. Box 981401, El Paso, TX 79998-1401(Web indicated on the front of this statement). 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 Oman amount and you do not pair we may report you as delinquent. InformatiortAbouf Payments: You meypsy more than the Total Minimum Payment! any tine. Payments received after 5:00 PM (ET) on any day will be credited as of the next day. Credit to your Account maybe delayed up to fine days if payment (a) is rat received at the Payment Address, (b) is not made in US. dollars draw on a US. financial institulbn located in the U.S., (c) is not accompanied by the remittance coupon attached to yourstatement, (d) contains more than one payment orremslance coupon, (et is not received in the remittance envelope provided or (f) includes staples, paper clips, tape, a folded check, or correspondence of any" Cons/tbnallivrnerds All written communications concerning disputed amounts, including any check or other payment instrument that (i)indicates that thepayment constilules'paymentinfultoristendered asfull satisfaction ofadiepputedamount or(ii)a tendered with other conditions or limitations ('Disputed Payments), must be malted or delivered to us at PO Box 981401, EI Paso, ?X 79996-1401. Credits to Your Account: An amount shown in parenthesis is a creditor credit balance unless otherwise indicated. Credits will be applied to your previous balance immediately upon receipt, but will not satisfy arty required payment that maybe due. Telephone Montiodag: To ensure that you receive accurate and courteous customer service, your telephone calls with us may be monitored by our employees or agents and you agree to this monitoring. Credit Reports and Accountlnlormation: If you believe that we may have reported inaccurate information about you to a consumer reporting agency, please contact us at P.O. Box 981400, El Paso. TX 79986-1400. In doing so, please identify the inaccurate information and tell us why you believe it is incorrect. If you have a copy of the credit report that includes the inaccurate intimation, please include a copy of that report. We may report information aboutyouraccount to credft bureaus. latepayments, missedpayments, orothar defaults on youraccountmayberellectedinyour credltreport. Information About intense( Charges: The balance subject to a periodic Interest Charge is calculated separately for Purchases (excluding Balance Transfers), Cash Advances and Balance Transfers You can calculate the Interest Charge by (1) multiplying a 21: of the average daily balances for Purchases. Cash Advances and Balance Transfers by the number of days in the billing cycle, (2) multiplying each of the results by the applicable daily periodic rate; and (3) adding these products together A. Purchases. The Purchase Balance subject to a periodic Interest Charge is the Purchase Daily Balance of ltce Account. However, Purchases are not included in the Purchase Balance subject Ida periodic Interest Charge fora billing cycle if there is no previous balance on your Account at the beginning of the billing cycle, including ary promotional and Special Payment Plan balances ('Previous Balance'), or the sum of your payments and credits posted to your Account by the Payment Due Date is at least equal to the Previous Balance. To determine the Purchase Balance subject to a periodic Interest Charge, we take the prior day's Purchase Balance of your Account, which includes any unpaid periodic Interest Charge on your Purchase Balance and add any new Purchases and dherdebits charged to yourAccount that day. and subtract any payments and other credits applied to your Purchase Balance that day. Each day we also add ary periodic Interest Charges on your Purchase Balance and other Interest Charges and fees (other than Transaction Fees for Cash Advances and Balance Transfers), including any debt cancellation fees, assessed that day on your Account. This gives usthe'PurchaseDaily Balance' oftheAccount. Arty Purchase Daily Balance of less than zero will be treated as zero. If there is no Previous Balance forthe billing cycle orthe sum of your payments and credits posted toyourAccount bythe Payment Due Dale is at least equal tothe Previous Balance, new Purchases and other related charges inthat billing cyclewill begin to accrue a periodic Interest Charge as of the first dayof the next billing cycle if a periodic Interest Charge is imposed in the next billing cycle. If there is a Previous Balance for the billing cycle, including any balance of Purchases made under any Special Payment Plan, and the sum of your payments and credits posted to your Account by the Payment Due Date is riot at least equal to that Previous Balance, new Purchases and otherrekMed charges will begin to accrue a periodic Interest Charge from the later of the date of the transaction or Ihetirst day of the billing cycle in which the transaction is posted to your Account. B. Cash Advances. The Cash Advance Balance subject to a periodic Interest Charge is the Cash Advance Daily Balance of the Account. To determine the Cash Advance Balance subject to a periodic Interest Charge, we take the prior day's Cash Advance Balance of your Account, which includes any unpaid periodic Interest Charges on your Cash Advance Balance, and add any new Cash Advances, Transaction Fees for Cash Advances and periodic Interest Charges on your Cash Advance Balance forthatdayandsubtract anypayments andother credits applied toyourCash AdvarceBalencethatday. This gives usthe"Cash Advance Daily Balance" of the Account. Any Cash Advance Daily Balance of less than zero will be treated as zero. C.Balance Transfers.The Balance Transfer Balance subject to a periodic interest Charge stheBalance Transfer Daily Balance of the Account. To determine the Balance Transfer Balance subject to a periodic Interest Charge, we take the prior day's Balance Transfer Balance of your Account, which includes arty unpaid periodic Interest Charges on your Balance Transfer Balance and add any new Balance Transfers Transaction Fees for Balance Transfers and periodic Interest Charges on your Balance Transfer Balance forthat day and subtract any payments and other credits applied to your Balance Transfer Balancethat day Thsgives us the'Balance Transfer Daily Balance" of the Account. Any Balance Transfer Daily Balance of less than zero will be treated as zero . Cash Advances, Transaction Fees for Cash Advances Balance Transfers, Transaction Fees for Balance Transfers and other related charges will accrue a penodic Interest Charge hom the later of the transaction date ohthe first day of the billing cycle in which the Cash Advance or Balance Transfer is posted to your Account. There is no cycle wshinwhich you can avoid periodic interest Charges on Cash Advances or Balance Transfers. Bankruptcy Notice: If you file bankruptcy you must send us notice, Including account number and all information related to the proceeding to the following address GE Money Bank, Alin. Bankruptcy Dept, P0. Box 103104, Roswell, GA 30076. Youraccountis ownnedand serviedby GE Money Bank. For complete terms and conditions of youraccount, consult your Credit Card Agreement. Hewing Impaired' TOO users call 1.600-444.1732 01 EW6544 - 3 - 12/14009 Use of knformation About You and Your Account: Our Privacy Policy describes our collection and disclosure of information about you and your Account. If you would like another copy of the Prvacy Policy.. please call us at the customer service telephone number indicated on the front of this statement. This is an attempt to collect a debt and any information obtained will be used to rthat purpose. By providing a telephone number on my account, I consent to GE Money Bank and any other owneror servicef of my account contacting me about my account, including using any contact information or cell phone numbers I provide and I consent to the use of my automatic telephone dialing system and/or an artificial or prerecorded voice when contacting me. even if I am charged forthe call under my phone plan. For charges of address, phone number and/or email, please check the box and print the changes below. Name Street Address City, S F7 Zip Phone # E-mail Home Phone # Business Phone # Cell # or other phone # we Email Address can useto contact you BY PROVIDING YOUR EMAIL ADDRESS, YOU AGREE TO RECEIVE EMAIL COMMUNICATION ABOUT YOUR ACCOUNT AND ALSO GIVE PERMISSION FOR US TO PROVIDE YOUR EMAIL ADDRESS TO THE GAP, INC Nk =,- DO OLD E ?? !!' 3` . j NEAL SWILER Visit us at eservice.oldnavycorn Account Number 538 Customer Service:/-866-450-2324 Summary of Account Activity Previous Balance - Other Credits $1.840.08 $1.840.08 New Balance $0.00 Credit Limit $1,600.00 Available Credit $0.00 Cash Limit $320.00 Available Cash $0.00 Statement Closing Date 12110/2010 Days in Billing Cycle 29 New Balance $0.00 Minimum Payment this Period $140.00 Amount Past Due $0.00 Total Minimum Payment Due $140.00 Payment Due Date 1211412010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $35.00. Minimum Payment Warning: Even if you make no more charges using this card, if you make only the minimum payment each month we estimate you will never pay off the balance shown on this statement because your payment will be less than the interest charged each month. If you make more than the minimum payment each period, you will pay less in interest and pay off your balance sooner. For example, if you instead paid $51.00 per month, you would pay off the balance shown on this statement in around 3 years. If you would like information about credit counseling services, call 1-877-302-8775. Your Rewards Summary Your Account News Beginning Points Balance 1,180 Each purchase leads to rewards. Enjoy a $10 Reward Car Points Earned in Our Stores- 0 for every 1,000 points earned. You're only 1,000 Total Points 0 points away from earning your next Reward Card. POINTS TO NEXT REWARD 1,000 Tran Date Post Date Reference Number Description of Transaction or Credit Amount 'Purchases In Our Stores (Gap, Old Navy, Banana Republic, Pipedime and Athleta) Other Transactions (gas, groceries, etc.) 12/10 12110 F31790OP800999990 CHARGE OFF ACCOUNT-PRINCIPALS ($1,561.22) 12/10 12110 F317900P800999990 CHARGE OFF ACCOUNT *FINANCE CHARGES` ($278.86) FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED 12!10 12/10 INTEREST CHARGE ON PURCHASES $0.00 12110 12110 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2010 Totals Year-To-Date Total Fees Charged in 2010 $35.00 Total Interest Charged in 2010 $410.32 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance Expiration Percentage Subject To Interest Type of Balance Date Rate Interest Rate Charge Purchases WA 26.24% $0.00 $i0.00 (Continued on next NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights and other important information. 6544 BYN 1 5 1J. 101210 Z X PAGE 1 of 3 3179 1600 0153 01FA6544 Detach and mail this portion with your check. Do not include any correspondence with your check. -I Account Number: 538 3 Total Minimum Past Due Payment Due OveNImR New Balance Payment Due Amount Date Amount $140.00 $0.00 12/14/2010 $0.00 $0.00 Please use blue or blan ck link. $ F1 ? ? ? 0. ? ? OR pay on-line at We currently do not accept eservioe.oldnavy.com New address or email? Print changes on back. payments in our stores. NEAL SWILER 3916 SILVER BROOK DR MECHANICSBURG PA 17050-5009 Make Payment To: OLD NAVY VISA/GEMB PO BOX 960017 ORLANDO, FL 32896-0017 Customer service/Questions: For account information, please call the toll free number on the front of this statement. unless your name isosiec on this statement, your access to information on the account maybe limited. You may als o mail questions (but not payments) to: P.O. Box 981064, El Paso,TX 79998.1064. Please include youraccount num beron any correspondence you send to us. Payments: Send payments tothe address listed on the remit portion of this statement or pay online. Notice:See below for your BillingRights and other important information Telephoning about billing errors will not preserve your rights under federal law. To preserve your rights, please wdletoourBilling Inquiries Address, P0. Box 981401, El Paso, TX 7999&1401. Purchases, returns, and payments made just prier to billing date may not appear until next month's statement. When you provide a check as payment, you authorize us eitherto use Information from yourcheckto make a one-tlmee lectronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds maybe withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution You may choose not to have your payment collected electronically by sending your paymerH (with the payment stub). in your own envelope- not What To Do It You Think 1buFhVAarM80 Un rour Nu mmem If you think there san error onyour statement, write to us at: GE Money Bank P.O. Boo 981401, El Paso, TX 79998-1401 In your letter, 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 cahtad is within 60 days after the error appeared on your statement You must notty usof any potential errors in writing You maycall us. but If you do we are not required to investigate any pderrhal errors and you may haveto paythe amount in question While we investigate whether or not there has been an error, the following aretrue: • 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 orotherfees related to that amount. • While you do not have to pay the amount n question, you are responsible forthe remainder of your balance • We canappyanyunpaid amount againstyourcredtlimit. Your Rfghtsff YouAroDimWisfled MM YourCred tCardPumhases 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 usethis right, all of the following nest be true: 1. The purchase must have been made in your home state or within 100 miles of your current maid address, and the purchase price must have been more than $50. (Note: Neither of these are necessary it your purchase was based on an advertisement we mailed to you, or ft we own thecompany that sold you thegoods 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 quality. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are sill dissatisfied with the purchase, contact us in writingat: GE Money Bank P0. Boo 981401, El Paso, TX 79996-1401 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. information About Payments: You may pay more than the Total Minimum Payments( anytime. Payments received after 5:00 PM (ET) on any day will be credited as of the next day. Credit to your Account may be delayed up to five days if payment (a) is not received at the Payment Address, (b) is not made in U.S. dollars drawn on a US. financial institution located in the U.S. (c) is not accompanied by the remittance coupon attached to your statement, (d) contains more than one payment or remittance coupon, (e) is not received in the remittance envelope provided or (f) includes staples paper clips, tape.. a folded check, or correspondence of any type. Conditional Payments: All written communications concerning disputed amounts, including any check or other payment instrument that. (i) indicates that the payment constitutes 'payment in full' or is tendered as full satisfaction of a disputed amount ' or (ii) is tendered with other conditions or limitations CDisputed Payments"), must be mailed or delivered to us at P0. Box 981401 EI F'asc, TX79998.1401. Credits To YourAccount: An amount shown in parenthesis or preceded by a minus i sign is a credit or credit balance unless otherwise indicated. Credits will be applied to your previous balance immediately upon receipt, but will not satisfy any required payment that may be due. Credit Reports And Account Information: If you believe that we have reported Inaccurate information about you to a consumer-reporting agency please contact is at P.O. Box 981400 El Paso, TX 79998-1400.1 n doing so, please identify the inaccurate information and tell us why you believe it is incorrect. If you have a copy of the credit report that includes the inaccurate information, please include a copy of that report. We may report information about your account to credit bureaus. Laiepayments, missed payments, or other defaults on your account maybe reflected in your credit report Balance Subject to Interest Charge Calculation Dairy Balance method: We figure the interest charge on your account by appying the periodic rate to the 'daily balance* of your account for each day in the billing cycle. We then add the interest to the dairy balance. To gel the "daily balance" we tale the beginning balance of your account each day (which includes unpaid interest), add any newcharges, and applicable fees, and subtract any payments or credits. This g1wsus the daily balance Anydailybalance of less than zero will be treated as zero. A separate daily balance will be calculated for each balance type on your account. The balance(s) showr in the Interest Charges sedion of this statement is the sum of the daily balances for each day in the billing cycle divided by the number of days ir thebtling cycle Bankruptcy Notice: If you file bankruptcy you must send us notice, including account number and all information related to the proceeding to the following address: GE Money Bank, Attn: Bankruptcy Dept., P0. Box 103164, Roswell, GA 30076. Youraccountis ownedad servkedby GE Money Bank. Nearing Impaired: TDD users call 1-810-444-1732. 01FA6544-6-06/282010 This is an attempt to collect a debt and arry information obtained Al be used for that purpose. 'By providing a telephone number on my account, I consent to GE Money Bank and any other owner or servicer of my account contacting me about my account, including using any contact information orcell phone numbers I provide, and I consent tothe use of my automatic telephone dialing system andior an artificial or prerecorded voicewhen contacting me, even If I am charged forthe call under my phone plan. For changes of address, phone number and/or snail, please check the box and print the changes below. Name Street ? Address City, St Zip Phone # E-mail Home Phone # Business Phone # 'Cell # or other phone # we Email Address can use to contact you By providing your email address, you agree to receive email communications about your account and also give permission for us to share your email address to GAP, Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?-,L' Sheriff Hr ?' f ONib Jody S Smith Loll,rLi' Chief Deputy 2012 JUL. 23 AM 8 36 Richard W Stewart SOU T° solicitor CUMBERLAND PENNSYLVANIA 1 Portfolio Recovery Associates, LLC vs. Case Numbe Neal Swiler 2012-4096 SHERIFF'S RETURN OF SERVICE 07/16/2012 04:44 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 16, 2012 at 1644 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Neal Swiler, by making known unto Lee Swiler, Mother of Defendant at 3916 Silver Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same ti handing to her personally the said true and correct copy of the same. DENN46FRY, DE SHERIFF COST: $38.00 July 17, 2012 SO ANSWERS, RONWY- R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff CIVIL ACTION - LAW V. NO. 12-4096 Civil Term NEAL SWILER Defendant ?oia ?u? -? PM 1: 5? PENN Petition to Enter Appearance Please enter my appearance as the attorney representing the Defendant, Neal Swiler, in the above captioned case. submitted, J ° s'Vincent Natale, Esquire #208790 'Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 (814) 444-0500 Attorney for Defendant FILED-OFFICE ter" PROTHONOTARY ?MAB -6 PM 1: 57 T7UM3, ERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff CIVIL ACTION - LAW V. NO. 12-4096 Civil Term NEAL SWILER Defendant DEFENDANT'S PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P.1028 AND NOW COMES the Defendant, Neal Swiler, by and through his attorney, James Vincent Natale, Esquire, and makes this Defendant's Preliminary Objections pursuant to Pa.R.C.P. 1028 as follows: COUNTI 1. Plaintiff claims that Defendant used the alleged credit card. 2. Plaintiff failed to specifically state the dates of the alleged purchases 3. Plaintiff failed to specifically state the place where the alleged purchases were 4. Plaintiff failed to specifically state what items were allegedly purchased. 5. Plaintiff failed to specifically state the amount purchased for each item. 6. Plaintiff failed to specifically state the dates of any alleged cash advances. 7. Plaintiff failed to specifically state the amounts of each alleged cash advance. 8. Plaintiff failed to specifically state the dates of all but one of the payments allegedl, made by the Defendant. 9. Plaintiff failed to specifically state the amounts of all but one of the payments that Plaintiff alleges were made by Defendant. 10. Plaintiff has failed to provide sufficient documentation and allegations to permit Defendant to calculate the total amount of damages that are allegedly due, and there for Plaintiff's complaint fails to conform with the requirements of Pa.R.C.P. 1019(a) and Pa.R. 1019(f). 11. Plaintiff complaint contains insufficient specificity of its pleadings, PA.R.C.P. 1028(a)(3). WHEREFORE, Defendant demands that the Court order Plaintiff to file an Amended Complaint or dismiss this action with prejudice. COUNT 11 1. Plaintiff basis its claim on an alleged agreement between Defendant and GE Money Bank F.S.B.IOld Navy ("GEMB"), the alleged original creditor of the alleged account. 2. Plaintiff failed to specify whether the agreement is oral or written as required by Pa.R.C.P. 1019(h). 3. Plaintiff complaint contains insufficient specificity of its pleadings, PA.R.C.P. 1028(a)(3). WHEREFORE, Defendant demands that the Court order Plaintiff to file an Amended Complaint or dismiss this action with prejudice. COUNT III 1. If the alleged agreement between Defendant and GEMB is written, Plaintiff has to attach a copy of the original agreement and all amendments to said agreement. 2. Plaintiff's complaint fails to conform with the requirements of Pa.R.C.P. 1019(1). 3. Plaintiff complaint contains insufficient specificity of its pleadings, PA.R.C.P. 1028(a)(3). WHEREFORE, Defendant demands that the Court order Plaintiff to file an Amended Complaint or dismiss this action with prejudice. COUNT IV 1. Plaintiff basis its claim against the Defendant upon the allegation that GEMB assigned its interest in the account to Plaintiff. 2. Plaintiff failed to specify whether the assignment is oral or written as required by Pa.R.C.P. 1019(h). 3. Plaintiff complaint contains insufficient specificity of its pleadings, PA.R.C.P. 1028(a)(3). WHEREFORE, Defendant demands that the Court order Plaintiff to file an Amended Complaint or dismiss this action with prejudice. COUNT V 1. Plaintiff basis its claim against the Defendant upon the allegation that GEMB assigned its interest in the account to Plaintiff. 2. The Bill of Sale attached to Plaintiff's complaint fails to indicate that the alleged account was in fact purchased by Plaintiff. 3. Plaintiff has failed to attach a complete copy of the purchase instrument in that Plaintiff has failed to attach a copy of Notification Files of the Bill of Sale. 4. Plaintiff's complaint fails to conform with the requirements of Pa.R.C.P. 1019(1). 5. Plaintiff's complaint fails to conform to law or rule of court, Pa.R.C.P. 1028(a)(2). WHEREFORE, Defendant demands that the Court order Plaintiff to file an Amended Complaint or dismiss this action with prejudice. Respectfully submitted, Vincent fatale; Esquire ID #208790 Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 (814) 444-0500 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff CIVIL ACTION - LAW v : NO. 12-4096 Civil Term NEAL SWILER Defendant CERTIFICATE OF SERVICE I served this Petition to Enter Appearance, Defendant's Preliminary Objections, and Brief by U.S. Mail, postage prepaid, 140 Corporate Blvd., Norfolk, VA 23502 on Robert N. Polas, Esq., the attorney for the Plaintiff, Portfolio Recovery Associates, LLC on August 2, 2012. I declare under penalty of perjury that this information is true. Date: Server's Signature Printed Name and T Harold Shepley & Assoc., LLC 209 West Patriot St. Somerset, PA 15501 Server's Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY : ASSOCIATES, LLC Plaintiff CIVIL ACTION - LAW NO. 12-4096 Civil Term V. NEAL SWILER Defendant ORDER AND NOW, this day of August, 2012, it is hereby ORDERED and DECREED that Argument is to be held on Defendant's Preliminary Objections pursuant to Pa.R.C.P. 1028, on day of October, 2012. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff CIVIL ACTION - LAW V. NO. 12-4096 Civil Term NEAL SWILER Defendant ORDER AND NOW, this day of October, 2012, it is hereby ORDERED and DECREED that Defendant's Preliminary Objections pursuant to Pa.R.C.P. 1028 is GRANTED. Plaintiff is hereby directed to file an Amended Complaint within twenty (20) days of this Order. BY THE COURT: J. a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES Plaintiff CIVIL ACTION-LAW C V. NO: 2012-4096 - • =M -v r MOTION TO DISMISS ' m NEAL SWILER %0 Defendant :z C:) a C: rni Filed on Behalf of Defendant: NEAL SWILER Counsel of Record: Robert D. Klingensmith, Esquire PA I.D. #313960 HAROLD SHEPLEY &ASSOCIATES, LLC 209 West Patriot Street Somerset, PA 15501 (814)444-0500 (814) 445-0600 (fax) rklin,ensmith @shepleylaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES Plaintiff CIVIL ACTION-LAW V. NO: 12-4096 NEAL SWILER Defendant NOTICE OF PRESENTATION TO: Portfolio Recovery Associates c/o Robert N. Polas, Esquire 140 Corporate Blvd Norfolk, VA 23502 PLEASE TAKE NOTICE that the within Motion to Dismiss will be presented for argument before the Court pursuant at AM/PM on the day of 2013, or as soon thereafter as suits the convenience of the Court. c., Robert D. Klingensmith,Esquire Attorney for the Defendant Harold Shepley and Associates, LLC 209 West Patriot Street Somerset, PA 15501 (814) 444-0500 (814) 445-0600 (fax) rlingensmith @ shepleylaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES Plaintiff CIVIL ACTION-LAW V. NO: 12-4096 NEAL SWILER Defendant CERTIFICATE OF SERVICE I served this Motion to Dismiss by U.S. Mail, postage prepaid, at 140 Corporate Blvd., Norfolk, VA 23502 on Robert N. Polas,Esq., the attorney for the Plaintiff, Portfolio Recovery Associates, LLC on April 25, 2013. I declare under penalty of perjury that this information is true. Date: April 25, 2013 Server's Signature Rachel Rhodes—Legal Assistant Printed Name and Title Harold Shepley & Associates, LLC 209 West Patriot St. Somerset, PA 15501 Server's Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES Plaintiff CIVIL ACTION-LAW V. NO: 12-4096 NEAL SWILER Defendant DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT WITH PREJUDICE FOR FAILURETO FILE AN AMENDED COMPLAINT AND NOW COMES the Defendant, Neal Swiler, by and through his attorney, Robert D. Klingensmith, Esquire, and makes this Defendant's Motion to Dismiss Plaintiff's Complaint with Prejudice for Failure to File an Amended Complaint: 1. On January 24h, 2013, the Court issued an Order sustaining Defendant's Preliminary Objection, and granting Plaintiff ninety(90) days to Amend its Complaint, see Defendant's Exhibit"A." 2. As of April 25`h, 2013, Plaintiff has failed to file an Amended Complaint in the above captioned complaint as directed by the Court. 3. Defendant requests that Plaintiff's complaint be dismissed with prejudice for Plaintiff's failure to file an amended complaint. WHEREFORE, Defendant respectfully requests that this Honorable Court grant the Defendant's Motion to Dismiss Plaintiff's Complaint with Prejudice for Failure to File an Amended Complaint. Respectfully submitted, — W447, vl,14�� Robert D. Klingensmith,Esquire Attorney for the Defendant Harold Shepley and Associates, LLC 209 West Patriot Street Somerset, PA 15501 (814)444-0500 (814) 445-0600 (fax) rklingensmith@shepleylaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd Norfolk, VA 23502 Plaintiff No. 2012-4096 V. NEAL SWILER Defendant ORDER OF COURT On This ��f Day of A`za — ' `tea�/. ' Upon consent of all 1/ counsel involved, it is hereby ORDERED that Plaintiff's complaint is stricken. Plaintiff may file an Amended Complaint within 90 days. If the Plaintiff fails to file the Amended Complaint within the time set forth above, upon Praecipe of either party, the Prothonotary shall havb the case dismissed with prejudice. ; J. James Vin erlt Natalff;Esq 209 West Ptatriot Street Somerset,P 415501 W r r�r— Plaintiff Counsel Robert N.Polas Jr,Esq 'CD Portfolio Recovery Associates,LLC C CD-11 140 Corporate Boulevard C'3 ;—— C-)Norfolk,VA 23502 Toll Free:888-772-7326 ext.18382 r Fax:757-518-0860 CD %�o EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES Plaintiff CIVIL ACTION-LAW MUD =z V. NO: 12-4096 M 23P =:* --< NEAL SWILER CD-77 C-) Defendant r_C-) 70 Order of Court Ao-1 On this l day of &*t 2013,upon consideration of Defendant(s)' Motion to Dismiss, it is hereby ORDERED AND DECREED that Defendant(s)' Motion to Dismiss Plaintiff's Complaint with Prejudice for Failure to File an Amended Complaint is GRANTED. The Court hereby directs that the above captioned case is dismissed with prejudice and the Prothonotary shall mark the case as such. BY THE COURT 0000 J. 444p,t SIQ//3