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Home My WebLink About13-5022 Supreme Coyof,Pennsylvania Cour� f Cnm n Pleas f .' '" 1 For Prothonotary Use Only: TI Ni E STAMP Cl Ii Z VI , t Docket No: CLIMB County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. s Commencement of Action: E ® Complaint E] Writ of Summons E) Petition C E] Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: T PORTFOLIO RECOVERY ASSOCIATES, LLC IAN HOWARD I O Are money damages requested? ® Yes O No Dollar Amount Requested: X within arbitration limits N (Check one) outside arbitration limits A Is this a Class Action Suit? ❑ Yes ®No ris 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 Sel Litigant) I Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections ❑ Nuisance ® Debt Collection: Other ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include E mass tort) El Employment Dispute: ❑ Slander/Libel/Defamation Discrimination ❑ Zoning Board C ❑ Other: ❑ Employment Dispute: Other ❑ Other: T I ❑ Other: 0 MASS TORT _ N ❑ Asbestos ❑ Tobacco I Toxic Tort -DES REAL PROPERTY MISCELLANEOUS B ❑ Toxic Tort - Implant [] Ejectment ❑ Common Law /Statutory Arbitration E) Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Toxic Waste E] Other: ❑Ground Rent ❑Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations • Mortgage Foreclosure: Residential Restraining Order • Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: 13 -44585 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 Gr t n , e f, 120 Corporate Blvd Norfolk, VA 23502 �`(;a r. � r t TELE: 1- 866- 428 -8102 'c:' r+ C0� 114 FAX: (757) 518 -0860 Y l VANIA 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. Plaintiff, V. IAN HOWARD 333 5TH ST NEW CUMBERLND PA 17070 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 (717) 249 -3166 13-44585 R ( 337le Wl 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. IAN HOWARD 333 5TH ST NEW CUMBERLND PA 17070 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 13 -44585 Esta comunicacion es de un cobrador de deudas y es un. intent do cobrar ima deuda. C;ua.lquier .infroniacion sera utilizada Para ese p.roposito. 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. : IAN HOWARD 333 5TH ST NEW CUMBERLND PA 17070 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, IAN HOWARD, is an adult individual with last known address of 333 5TH ST, NEW CUMBERLND PA 17070. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / WAL -MART on September 21, 2010 with account number ************3909 (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 communication is from a debt collector and is an atteliapt to collect a debt. An.y 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 June 27, 2011. 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 $996.56. 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, IAN HOWARD, in the amount of $996.56, plus costs of this action and any other relief as the Court deems just and reasonable. Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 13 -44585 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Cristina Patterson 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 unworn falsification to authorities. JUL 2 5 2 01 1 V^� -A Date: Cristina Patterson Custodian of Records 13 -44585 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. XHIBIT A This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd j ' Norfolk, VA 23502 Telephone: 1- 866 - 428 -8102 j' Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** * 3909 IAN HOWARD Account Holder: IAN HOWARD 333 5TH ST NEW CUMBERLND PA 17070 Consumer Account Product Code: PVT Issuer: GE CAPITAL RETAIL BANK / WAL -MART Assignee: Portfolio Recovery Associates, LLC Account Number: ************3909 Date Account Opened: September 21, 2010 Date of Last Payment: June 27, 2011 Date of Charge Off: January 1, 2012 Balance at Purchase: $996.56 Purchase Date: January 31, 2012 Balance at Charge -Off: $996.56 Less Payments: $.00 Balance Due: $996.56 13 -44585 GECN51 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. Cristina Patterson I, the undersigned, , Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: 1. 1 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. 1 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 January 31, 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 IAN HOWARD ( "Debtor ") to the Account Seller the sum of $996.56 with the respect to account number ending in * * * * * * * * * ** *3909, as of January 1, 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 $996.56 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. 0 folio covery As ci tes, C Cristina Patterson By: , Custodian of Records JUL 2 512013 ubscrib n sworn to before me on of , 2013 Notary ublic KIMBERLY ROCHELLE COLES -MOOR' NOTARY PUBLIC REGISTRATION # 7369515 k 13 -44585 COMP,4ONWEAL'H OF XIRGGINI MY This corntnunication is fro.rn. a debt collector and is an attempt to collect a delft. Airy information obtained will be used for that purpose. 330 GEMONEY ap.m. 01 -30 -2012 3N2 GBQi51 ' ' GB Money Bank BILL of SAI.R PRA Fresh — ranuary 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 2& day of December, 2411, by and between General Electric Capital Corporation, GE Capital Retail Bank, GEMS Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L,L.0 (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 each Transfer Date, and as further described in the Agreement. GE Capital Retail Bank By: Title: General Electric Capital Corporation By: Title: GEMB Lending, Inc. By: Title: Monogram Credit Services, L.L.C. By: Title: GoEcon6l 01/31/2012 18:39 67857 GLMAL. SOLUTMO PAGE 15/15 0 GE Mo j9 an k BALL of SALE PRA Fresh -- J UNU 2012 Por value received and in f urtber consideration of the mutual covenants and conditions set forth inn the Flow Receivables Purchase Agreement (the " A8 m=eb ), dated as of the 26 day of December, 2011, by and between General Eiectrie Capital CoToration, GE Capital RAtali->3s1dC, GEU B Lending. Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and OW Holding, L L.0 (collectively "Salta i and Portfolio Recovery Associates, LLC. ("Buyer "), Seller heMby ttawfc", sells, aanvcys, gw% and delivers to Buyer, its successors and awlgna, without recourse except as set Forth in the Agreement, to the extent of Its ovunership. the Receivables as set forth* in the Notification Filos (as defined in the A.grmement), delivered by Seller to Buyer on each Transfer Date, and as further described in the Agreement. OR Capital Retail 131n1c Title: z General Electric Capital Coxpommtion - Title: Gl~MB Lending, Inc. By: _ —._.�...�— Tithe: \ RV;St,� Monogram Credit 5ervice3, 1,14. By: r rttlE: f /�t/11 La�±yIJJ S SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff f � .1 -O I�'" Jody S Smith ��k+�tixtr ci�et�ratr�;r,�xf� OF Chief Deputy ° 3• '36 �t3 SEP -6 PM Richard W Stewart " " Solicitor CUMSERL00l COUNTY pE�NSI'LVA�IA Portfolio Recovery Associates, LLC Case Number vs. Ian Howard 2013-5022 SHERIFF'S RETURN OF SERVICE 08/30/2013 05:50 PM - Deputy Shawn Harrison, being duly sworn according to lawjed req ested Complaint & Notice by handing a true copy to a person representing themselves t Mill r, roommate, who accepted as"Adult Person in Charge"for Ian Howard at 333 Fifth Streeberl nd Borough, New Cumberland, PA 17070. SHAWN H RRIS DEPUTY SHERIFF COST: $47.21 SO ANSWERS, September 04, 2013 RbNW R ANDERSON, SHERIFF (c)CeuntySuite Sheriff,Tdeosoft.Inc. Carrie. l3r3wn, Esquire Robert N. Polas Jr, Esquire Mark R. -Garvey, Esquire Gregory J. Babcock, Esquire Attorney ID # 94055/201259/312686/205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff CF';� j,'j Efit':O�(j7 TAW!' 20/4 DEC _9 Pi -1 3: 02 CUil2ER PEi`,',`�'S'YL gr�A'!T¥ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff v. IAN HOWARD 333 5TH ST NEW CUMBERLND PA 17070 Defendant No. 13-5022 Civil PRAECIPE TO SETTLE DISCONTINUE AND END PLEASE MARK THE ABOVE -CAPTIONED ACTION AS SETTLED, DISCONTINUED AND ENDED. 13-44585 fully submitted, obert . Po as, 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 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. - Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Gregory J. Babcock, Esquire Attorney ID # 94055/201259/312686/205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff v. IAN HOWARD 333 5TH ST NEW CUMBERLND PA 17070 Defendant : No. 13-5022 Civil CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle Discontinue arEnd upon IAN HOWARD by First Class Mail, Postage Pre -Paid, a copy thereof on this day of 13-44585 , 2014, to: IAN HOWARD 333 5TH ST, NE o.ert 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 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will he used for this nmmose