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Home My WebLink About13-6081 Supreme C " .-Pennsylvania Court f tom n Pleas a �� et CLIMB '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 papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons [I Petition I E] Transfer from Another Jurisdiction El Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC BRENT MALLEK Are money damages requested? ® Yes El 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 m s 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) 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 X Debt Collection: Credit Card ❑ Board of Elections ❑ Nuisance Debt Collection: Other ❑ Dept. of Transportation ❑ Premises Liability ____ _ ____ _ ❑ Statutory Appeal: Other [3 Product Liability (does not include \ mass tort) ❑ Employment Dispute _ — �� *� ❑ Slander/Libel /Defamation Discrimination E] Other: E] Zoning Board [I Employment Dispute: Other ❑ Other: \00 ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS L ❑Toxic Tort - Implant El E] Common Law /Statutory Arbitration ❑ Eminent Domain /Condemnation El Toxic Waste El Declaratory Judgment ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non- Domestic Relations UK ❑ Mortgage Foreclosure: Residential Restraining Order t �� -- -- - - - - -- Mortgage Foreclosure: Commercial ❑ ❑ Quo W arranto E] Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal --------- - - - - -- - - - - -- - -- �� ti ❑ Medical ❑ Other Professional: 13- 81181 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 O �� ;;; �r c{ Portfolio Recovery Associates, LLC �'- r ? ,(] Iq r Ii I , 120 Corporate Blvd � � � � �r Norfolk VA 23502 1 16 i (, . 0 7 TELE: 1- 866 -428 -8102 CUMD ERLAND COUNTY FAX: (757) 518 -0860 PEMSYLYAtflA 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• ) ✓' �0�� Plaintiff, V. BRENT MALLEK 1332 RITNER HWY UNIT 2 SHIPPENSBURG PA 17257 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 0 13 -81181 Ck l* 3733 DR This communication is from a debt collector and is an attempt to collect a debtr —" a (O ko3 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. BRENT MALLEK 1332 RITNER HWY UNIT 2 SHIPPENSBURG PA 17257 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) dial 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 -81181 Esta cotnunicacion es de Dui cohrador de deudas y es un intent do cobrar una deuda. Cualquier infromacion 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. BRENT MALLEK 1332 RITNER HWY UNIT 2 SHIPPENSBURG PA 17257 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, BRENT MALLEK, is an adult individual with last known address of 1332 RITNER HWY UNIT 2, SHIPPENSBURG PA 17257. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / GENERAL ELECTRIC CAPITAL CORP / HH GREGG on November 6, 2011 with account number - * * * * * * * * * ** *9464 (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. This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for ghat 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 31, 2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE CAPITAL RETAIL BANK 1 GENERAL ELECTRIC CAPITAL CORP / HH GREGG 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 $1,095.98. 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, BRENT MALLEK , in the amount of $1,095.98, plus co of this action and any other relief as the Court deems just and reasonable. Came A. Bro 6n, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 r-- Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 13 -81181 This cozninwii.cation is from a debt collector and is an attempt to collect a debt. Any inforination obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Larry J. Andrews 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. Date: OCT — 3 2013 By: Larry J. Andrews Custodian of Records 13 -81181 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. X IBIT 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 7l i t Telephone: 1- 866 - 428 -8102 j Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** *9464 BRENT MALLEK Account Holder: BRENT MALLEK 1332 RITNER HWY UNIT 2 SHIPPENSBURG PA 17257 Consumer Account Product Code: PVT Issuer: _ GE CAPITAL RETAIL BANK / GENERAL ELECTRIC CAPITAL CORP / HH GREGG Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *9464 Date Account Opened: November 6, 2011 Date of Last Payment: January 31, 2012 Date of Charge Off: September 19, 2012 Balance at Purchase: $1,095.98 Purchase Date: October 23, 2012 Balance at Charge -Off: $1,095.98 Less Payments: $.00 Balance Due: $1,095.98 13 -81181 GESQ45 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. GE Capital BILL of SALE PRA PSCC Fresh — October 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 25 day of June, 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 October 23, 2012, and as further described in the Agreement. GE Capital Retail Bank Monogram Credit Services, L.L.C. By: _ By: ,Nt " Glenn Marino Glenn Marino Title: _EVP Title: _President Date: Date: General Electric Capital Corporation RFS Holding, L.L.0 By: ' A5 1 0 ''' /I By: Glenn Marino Joseph Ressa Title: Vice President Title: _CFO Date: Date: GEMB Lending, Inc. GEM Holding, L.L.0 By: By: Stephen Motta Joseph Ressa Title: _Director Title: _CFO Date: Date: • lX f � GE Capital BILL of SALE PRA PSCC Fresh — October 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 25 day of June, 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 October 23, 2012, and as further described in the Agreement. GE Capital Retail Bank Monogram Credit Services, L.L.C. By: By: Glenn Marino Glenn Marino Title: EVP Title: President Date: Date: General Electric Capital Corporation RFS Holding, L.L.0 By: By: Glenn Marino Joseph Ressa Title: Vice President Title: CFO Date: Date: GEMB Lending, Inc. GEM Holding, L.L.0 By: By: Stephen Mo a Joseph Ressa Title: Director Title: CFO Date: �� ; l + Date: r S GE Capita! BILL of SALE PRA PSCC Fresh — October 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 25 day of June, 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 October 23, 2012, and as further described in the Agreement. GE Capital Retail Bank ; Monogram Credit Services, L.L.C. By: By: Glenn Marino Glenn Marino Title: EVP Title: President Date: Date: General Electric Capital Corporation RFS Holding, L.L.0 By: By Glenn Marino Joseph Rdssa Title: Vice President Title: CFO Date: Date: GEMB Lending, Inc. GEM Holding, L.L.0 By: By <�� Stephen Motta Joseph s Title: Director Title: CFO Date: Date: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy I �•„ Richard W Stewart �. Solicitor + ry L) : 1 Portfolio Recovery Associates, LLC vs. Case Number Brent Mallek 2013-6081 SHERIFF'S RETURN OF SERVICE 10/18/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Brent Mallek, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 1332 Ritner Highway, Unit 2, Southampton, Shippensburg, PA 17257. Deputies were informed by a neighbor that the person who previously resided at Unit 2 moved out earlier this year and per the Shippensburg Postmaster the defendant is not known at address provided. SHERIFF COST: $55.60 SO ANSWERS, October 24, 2013 RON ~ R ANDERSON, SHERIFF (,c}i ou:^:tySui e Sheriff,releosoft 111C. 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 ,_ 2 Attorneys for Plaintiff VO4 (IUU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN . PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff No. 13-6081 Civil V. BRENT MALLEK 1332 RITNER HWY UNIT 2 SHIPPENSBURG PA 17257 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Resp ubmitted obert 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 13-81181 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. 13-6081 Civil V. BRENT MALLEK 1332 RITNER HWY UNIT 2 SHIPPENSBURG PA 17257 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon BRENT MALLEK,by First Class Mail, Postage Pre-Paid, a copy thereof on this day of , 20 �to: BRENT MALLEK, 1332 RITNER HWY UNIT 2, SHIPP S RG PA 17 13-81181 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.