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Home My WebLink About13-5039 Supreme C Pennsylvania Cou, f Qom* n Pleas , or 1 _1, 1 AMP CI Y eta t. w. cum Ftounty ',, The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of leadings or other a ers as required by law or rules of court. Commencement of Action: \\ ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC ALICIA MALLAR Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits (Check one) outside arbitration limits ` Is this a Class Action Suit? ❑ Yes ®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 1Pro Sel 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. 1\ � *` , 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 E] Board of Elections ❑ Nuisance El Debt Collection: Other Dept. of Transportation �� : ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not include mass tort) --- - - - - -- — -- - - - - - -- – ❑ Employment Dispute: ❑ Slander /Libel /Defamation Discrimination ❑ Zoning Board ❑ Other: ❑ Employment Dispute: Other ❑ Other: ❑ Other: MASS TORT ❑ Asbestos ��N ❑ Tobacco - 1 Toxic Tort -DES REAL PROPERTY MISCELLANEOUS 11 1 E] Toxic Tort - Implant El Ejectment ❑ Common Law /Statutory Arbitration `' ❑ Toxic Waste ❑Eminent Domain /Condemnation [I Declaratory Judgment r Other: E] Ground Rent E] Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations --- - - - - -— ❑ Mortgage Foreclosure: Residential Restraining Order ❑Mortgage Foreclosure: Commercial ❑Quo Warranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: Q ❑ Dental ❑ Other: — _ —_ —_ -- Leg "•'' ❑ Medical - - -- ` ❑ Other Professional: 13 -68090 f Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 "+ f'- ' ° - } t` F 10E Portfolio Recovery Associates, LLC 120 Corporate Blvd G 2 Y Norfolk, VA 23502 TELE: 1- 866 - 428 -8102 ('i(`i l:R( .,ANID COUNTY FAX: (757) 518 -0860 PEN 'SYLVANIA Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 12 120 CORPORATE BLVD No NORFOLK, VA 23502 Plaintiff, V. ALICIA MALLAR 417 ORCHARD LN MECHANICSBURG PA 17055 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 S' (717) 249 -3166 / 13 -68090 � � 03, This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 7 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. ALICIA MALLAR 417 ORCHARD LN MECHANICSBURG PA 17055 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 0 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 SERVICI0S LEGAL A PERSONAS ELGIBLE UN HONORARIO REDUCIDO 0 GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 13 -68090 Esta cointmicacion es de un cobrador de deudas y es un intent do cobrar una deuda. Cualquier i.nfromacion sera utilizada 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. ALICIA MALLAR 417 ORCHARD LN MECHANICSBURG PA 17055 Defendant. COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 120 Corporate Blvd, Norfolk, VA 23502. 2. Defendant, ALICIA MALLAR, is an adult individual with last known address of 417 ORCHARD LN, MECHANICSBURG PA 17055. 3. It is averred that Defendant was indebted to GE MONEY BANK,F.S.B. / SAM'S CLUB / SAM'S CLUB on May 22, 1999 with account number * * * * * * * * * ** *3576 (hereafter referred to as "Account "). A copy of the account history is attached here to and collectively marked as Exhibit 11 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. `I "his cot'ni nnication is fi°onn a debt collector and is an attempt to collect a debt. Any inforinatiorn. obtained will be used for tliat purpose. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. 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 30, 2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK,F.S.B. / SAM'S CLUB / SAM'S CLUB 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 $2,183.17. 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, ALICIA MALLAR , in the amount f$2,183.17, p 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 -68090 This communication is fi 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, Cynthia Clarke 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: JUI 2013 By: e �r Cynthia Clarke Custodian of Records 13 -68090 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 f 7 Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** * 3576 ALICIA MALLAR Account Holder: ALICIA MALLAR 417 ORCHARD LN MECHANICSBURG PA 17055 Consumer Account Product Code: PVT Issuer: GE MONEY BANK,F.S.B. / SAM'S CLUB / SAM'S CLUB Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *3576 Date Account Opened: May 22, 1999 Date of Last Payment: January 30, 2012 Date of Charge Off: October 11, 2010 Balance at Purchase: $2,522.43 Purchase Date: August 31, 2011 Balance at Charge -Off: $2,422.43 Less Payments: $339.26 Balance Due: $2,183.17 13 -68090 GECM23 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, Cynthia Clarke , 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. I 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 MONEY BANK,F.S.B. / SAM'S CLUB / SAM'S CLUB ( "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 August 31, 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 ALICIA MALLAR ( "Debtor ") to the Account Seller the sum of $2,522.43 with the respect to account number ending in * * * * * * * * * ** *3576, as of October 11, 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 $2,183.17 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 Associates, LLC 0 0 AAA D OQX42-Q— g y . Cynthia C larke , Custodian of Records ibe nd sworn t e e e on of JUL 31 2 9130 13 Kimberly R. Coles N tary blic commonwealth Commission No. h of Vi inia Notary Public 13 -68090 My Commission Expires 0313f120f 4 This coni riunication is from a debt collector and is ate. attempt to collect a debt. Any information obtained will be used for that purpose. GE Mone y Bank BILL of SALE PRA 120 -day Mid Prime — August 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 August 20, 2011, and as further described in the Agreement. GE Money Bank By: k Title: CFO Retailer Credit Services Inc By: Title: President General Electric Capital Corporation By: ��- Title: Vice President ......... . ..... ... .. ... . .... .......... ...................... GECM Z3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson IL'E' 1`��I--FT,E Sheriff U �..f (( ( 65+:11ti, b'iI(OP��jTa„ �-; t T�. �Iii U'' Jody S Smith Chief Deputy 2013 OCT -3 Fit 2: 42' �, .� Richard W Stewart ClIJ MBHLAND COUNTY Solicitor CIri; E Or TKU$kERIFF PENNSYLVANIA Portfolio Recorvery Associates, LLC Case Number vs. Alicia J. Mallar 2013-5039 SHERIFF'S RETURN OF SERVICE 09/27/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Alicia J. Mallar, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 417 Orchard Lane, Upper Allen Township, Mechanicsburg, PA 17055. Deputies were advised by Peter Mallar, Sr. that the defendant does not reside at this address and he does not have an address for her. To this date the Mechanicsburg Postmaster has not been able to provide an address for service for the defendant. SHERIFF COST: $44.30 SO ANSWERS, 6�,a7 xoloa�--, September 27, 2013 RON R ANDERSON, SHERIFF (c)CountySuRe Sheriff,Teleosoft.Inc. Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 aA f, F R O T H Ol OTA i.', Portfolio Recovery Associates, LLC 120 Corporate Blvd 2.013 OCT 23 AM 10 38 Norfolk, VA 23502 Attorneys for Plaintiff CUMBERLAND COUNTY' y PENNSYLVA BA 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. 13-5039 Civil v. ALICIA MALLAR 417 ORCHARD LN MECHANICSBURG PA 17055 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Re .��-' lly Submitted, A / 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 13-68090 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 Attorney ID # 94055/201259/312686 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 : No. 13-5039 Civil v. • • ALICIA MALLAR • 417 ORCHARD LN • MECHANICSBURG PA 17055 • Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon ALICIA MALLAR, by First Class Mail, Postage Pre-Paid, a copy thereof on this p2/ day of 6 L+ , 243,to: ALICIA MALLAR, 417 ORCHARD LN, MECHANI : :j PA 17055 13-68090 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 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.