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Home My WebLink About13-3202 Supreme Co,urtof Pennsylvania Court; Common Pleas r ` ^ For Prothonotary Use Only: T I NI F_ S TA Mt P Ci .et Docket No: CUMB RAN County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other a ers as required by law or rules of court. s f Commencement of Action: E 1 ® Complaint ❑ Writ of Summons ❑ Petition C ` ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking , Lead Plaintiffs Name: Lead Defendants Name: PORTFOLIO RECOVERY ASSOCIATES, LLC AMY SAYRE Il O Are money damages requested? ®Yes ❑ No Dollar Amount Requested: X within arbitration limits N (Check one) outside arbitration limits A Is this a Class Action Suit? ❑ Yes S No Is this an MDJAppeal? ❑ Yes ®No { Name of Plaintiff/Appellant's Attorney: Robert N. Polas, Jr./ Carrie Brown/ Mark R. Garvey ❑ Check here if you have no attorney (are a Self- Represented [Pro 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. I TORT (do not include Mass Ton) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections ! ❑ Nuisance ® Debt Collection: Other ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include E mass tort) ❑ Employment Dispute: l ❑ Sander /Libel /Defamation t Discrimination ❑Zoning Board C ❑ Other: ❑ Employment Dispute: Other ❑ Other: T R � { ❑ Other: U MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort -DES REAL PROPERTY MISCELLANEOUS B ❑ Toxic Tort - Implant C3 El C] Common Law /Statutory Arbitration [I Toxic Waste El Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Other: ❑ Ground Rent C] Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ^ ❑ Other Professional: 13 -17096 Robert N. Polas, Jr., Esquire PA Bar # 201259 FILED- OF[- Carrie Brown, Esquire PA Bar # 94055 OF THE t':ROT6;Qp�p Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC 20 JUH —F 120 Corporate Blvd Norfolk, VA 23502 CUMBERLAND COUNTY TELE: 1- 866 - 428 -8102 P 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 .� � { vt Plaintiff, V. AMY SAYRE 14 BUNKER HILL DR NEWVILLE PA 17241 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 Court Administrator 32 South Bedford Street Carlisle, PA 17013 (7 2 La Pennsylvania Lawyer yer Referral Referral Service �� 13 -17096 (800) 692 -7375 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1- 866 - 428 -8102 FAX: (757) 518 -0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Demandante, No. V. AMY SAYRE 14 BUNKER HILL DR NEWVILLE PA 17241 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 action 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 1NFORMACION 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 Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 Pennsylvania Lawyer Referral Service 13 -17096 (800) 692 -7375 rsta co.municac.ion es de un. cobrador de detidas y es un. intent do cobrar un.a deuda. Cualqu.ier infromacion sera ut.ilizada Para ese proposito. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1- 866 - 428 -8102 FAX: (757) 518 -0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff, No. V. AMY SAYRE 14 BUNKER HILL DR NEWVILLE PA 17241 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, AMY SAYRE, is an adult individual with last known address of 14 BUNKER HILL DR, NEWVILLE PA 17241. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / WAL -MART on December 13, 2010 with account number * * * * * * * * * ** *0560 (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. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. This co.rn.mun.icatio.n is froni a debt collector and is aia atten.a:pt to collect a debt. Any information obtained will be used for that purpose. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on January 6, 2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE CAPITAL RETAIL BANK / WAL -MART and Plaintiff is now the holder of the Account. A true and correct copy of the Plaintiffs verification 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 $992.13. 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, AMY SAYRE , in the amount o $992.13, pl osts of this action and any other relief as the Court deems just and reasonable. Carfie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 13 -17096 This communication .is fron.a..a debt collector and is ait atterlrpt to collect a debt. Any information obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, David D Sage hereby states that he /she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: MAY 16 2013 By: David D. Sage Custodian of Records 13 -17096 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. XHIBI A This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 Telephone: 1- 866 - 428 -8102 Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** *0560 AMY SAYRE Account Holder: AMY SAYRE 14 BUNKER HILL DR NEWVILLE PA 17241 Consumer Account Product Code: PVT Issuer: GE CAPITAL RETAIL BANK / WAL -MART Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *0560 Date Account Opened: December 13, 2010 Date of Last Payment: January 6, 2012 Date of Charge Off: February 14, 2012 Balance at Purchase: $992.13 Purchase Date: March 29, 2012 Balance at Charge -Off: $992.13 Less Payments: $.00 Balance Due: $992.13 13 -17096 GECO04 This communication is from a debt 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 David D . Sa4e , Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: 1. I am competent to testify to the matters contained herein. 2. 1 am an authorized employee of Portfolio Recovery Associates, LLC, ( "Account Assignee ") which is doing business at Riverside Commerce Center, 120 Corporate Blvd, Norfolk, VA 23502. 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 CAPITAL RETAIL BANK / WAL -MART ( "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 March 29, 2012. 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 AMY SAYRE ( "Debtor ") to the Account Seller the sum of $992.13 with the respect to account number ending in * * * * * * ** "0560, as of February 14, 2012 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 $992.13 as due and owing as of the date of this affidavit. 6. Plaintiff believes that the defendant is not a minor or an incompetent individual, and declares that the Defendant is not on active military service of the United States. Portfolio Recovery Associ P es, LLC � L —O s — By: David D. Sae , Custodian of Records 4s otary 'be d m before me on of AY 17 2013 2013 ublic v Saundra L Bethea- Peg 13 -17096 Commonwealth of Virginla Notary public ., Commission No. 349ssS My COMMIGOlon Expires 01/31/2017 This communication is front a debt Collector and is an attempt to collect a debt. Any .inforination obtained will be used for that purpose. GECO04 GE Cap p ar BILL of SALE PRA Fresh — March 2012 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement "), dated as of the 6"' day of January, 2012 by and between General Electric Capital Corporation, GE Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. (collectively "Seller ") and Portfolio Recovery Associates, LLC ( "Buyer "), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on March 20, 2012, and as further described in the Agreement. General Electric Capital Corporation GEMB Lending, Inc. By: °ri _ _ ,_ By: Title: Glenn Marino -Vice President Title: Stephen , � ^, ;;tta- Director G1: Capital Retail Bank Monogram Credit Services, Title: Glenn Marino -EVP Title: Glenn Marino - President RFS Holcling. L.L.C. GEM Holding, L.L.C. BY: ---- By: Title: ViFfuii t_iulati - CFO ..Title: Vishal Gulati -CFO GE Capital BILL of SALE PRA Fresh — March 2012 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement "), dated as of the O h day of January, 2012 by and between General Electric Capital Coiporation, GE Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. (collectively "Seller ") and Portfolio Recovery Associates, LLC ( "Buyer "), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on March 20, 2012, and as further described in the Agreement. General Electric Capital Corporation GLMB Lending, Inc. B By: Z . Title: Glenn Marino -Vice President Title: Stephen Motta- Director GE Capital Retaii Bank Monogram Credit Services, L.L.C. by: By: Title: Glenn. Marino -EVP Title: Glenn Marino- President RFS Holding, L.L.C. GEM Holding, L.L.C. By: By: Title: Vishal Gulati -CFO Title: Vishal Gulati -CFO GE Capi pital BILL of SALE PRA Fresh — March 2012 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement "), dated as of the 6th day of January, 2012 by and between General Electric Capital Corporation, GE Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., - RFS Holding, L.L.C., and GEM Holding, L.L.C. (collectively "Seller ") and Portfolio Recovery Associates, LLC ( "Buyer "), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set fort h 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 March 20, 2012, and ac fiirther described in the Agreement. General Electric Capital Corporation GEN1B Lending, Inc. By: By: Ttle: Glenn Marino -Vice President Title: Stephen Motta- Director GE Capital Retail Bank- Monogram Credit Services, L.L.C. 3 By: Title: Glenn riarino EVP Titlr:: Glenn Marino- President RFS Holding, L.L.C. GEM Holding, L.7—C. By: /i� /-\,-_ By: Title: l�1lt�tr;t� �!C �.� Tide: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheri6 1 HOtiu `000�n 01 u'u,ner,.��F Jody D Smith ° cnleroePury 2513 JUN 14 AM 8: 59 Richard w Stewart CUMBERLAND COUNT)' Solicitor PENNSYLVANIA Portfolio Recovery Associates, LLC Case Number vs Amy Sayre 2013-3202 SHERIFF'S RETURN OF SERVICE 06/10/2013 01:21 PM - Deputy Tim Black, 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 Amy Sayre at 14 Bunker Hill Drive, Upper Mifflin, Newburg, PA 117_2440�,��(�/ TIM BLACK, DEPUTY SHERIFF COST: $63.96 SO ANSWEER'SS,, N p'`, June 12, 2013 RONNY R ANDERSON, SHERIFF