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Home My WebLink About13-6428 tr I Supreme C 'µ Pennsylvania Cou>r f � r . m n Pleas �� , 1 �� 1 S 1 M> .. 1 01 G Ow l et z t a . cum The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadin gs or other papers as required by law or rules of court. Commencement of Action: M Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC TERRY THOMAS y Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits V ' (Check one) outside arbitration limits Is this a Class Action Suit? ❑ Yes N 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. w�a >; n 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 k . ❑ Premises Liability _ ❑ Statutory Appeal: Other ❑ Product Liability (does not include —_ -- -- mass tort) p Employment Dispute: ❑ Slander /Libel /Defamation Discrimination ❑ Zoning Board ❑ Other: ❑ Employment Dispute: Other ❑ Other: p Other: MASS TORT —_— —_ ❑ Asbestos ❑ Tobacco REAL PROPERTY MISCELLANEOUS �\ \ ❑ Toxic Tort - DES. ❑ Ejectment ❑ Common Law /Statutory Arbitration v \ ❑ Toxic Tort - Implant ❑ 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 p Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: =A ❑ Dental ❑ Other: _- - - - - -_ \ ❑ Legal - - -- -- - -- — �_ - - -- �� \, ❑ Medical _ - -_— _ - -_ ❑ Other Professional: 13 -92264 Robert Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC E 120 Corporate Blvd Norfolk, VA 23502 J 4Q TELE: 1- 866 - 428 -8102 tiI4 �EERLAND COUNTY FAX: (757) 518 -0860 PENNSYLVANIA 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. TERRY THOMAS 4902 CARLISLE PIKE UNIT 397 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, 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 ( d 1 — 'P (717) 249 -3166 13 -92264 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. TERRY THOMAS 4902 CARLISLE PIKE UNIT 397 MECHANICSBURG PA 17050 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 -92264 l✓sta comunicacion es de un col radon de deudas y es un. intent do cobras una deuda. Cualquier infrotmacion 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. TERRY THOMAS 4902 CARLISLE PIKE UNIT 397 MECHANICSBURG PA 17050 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, TERRY THOMAS, is an adult individual with last known address of 4902 CARLISLE PIKE UNIT 397, MECHANICSBURG PA 17050. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / JC PENNEY on September 20, 2009 with account number * * * * * * * * * ** *6749 (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 cocninuni.cation is from a debt collector wid is an attempt 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 August 25, 2011. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE CAPITAL RETAIL BANK / JC PENNEY 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 $883.87. 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, TERRY THOMAS, in the amount o 3.87, plus 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 -92264 This communicati.01) 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, jfjna Spellman 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. OCT 0 8 206 Date: By: ltina Spellman Custodian of Records 13 -92264 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 Norfolk, VA 23502 s � z Telephone: 1- 866- 428 -8102 Fax: (757) 518 -0860 Statement of Account Account * * * * * * * * * ** *6749 TERRY THOMAS Account Holder: TERRY THOMAS 4902 CARLISLE PIKE UNIT 397 MECHANICSBURG PA 17050 Consumer Account Product Code: PVT Issuer: GE CAPITAL RETAIL BANK / JC PENNEY Assignee: Portfolio Recovery Associates, LLC Account Number: ************6749 Date Account Opened: September 20, 2009 Date of ]Last Payment: August 25, 2011 Date of Charge Off: March 28, 2012 Balance at Purchase: $883.87 Purchase Date: April 30, 2012 Balance at Charge -Off: $883.87 Less Payments: $.00 Balance Due: $883.87 13 -92264 GEC041 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. GEC041 UO GE Capital BILL of SALE PRA Fresh — April 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 20` day of December, 2011 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 April 19, 2012, and as further described in the Agreement. General Electric Capital Corporation GEMB Lending, Inc. By: � By: Title: Glenn Marino -Vice President Title: Stephen Motta- Director GE Capital Retail 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 Capital BILL of SALE PRA Fresh — April 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 20 day of December, 2011 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 April 19, 2012, and as further described in the Agreement. General Electric Capital Corporation GEMB Lending, Inc. By: By: °�— Title: Glenn Marino -Vice President Title: Stephen Motta- Director GE Capital Retail 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 Capital BILL of SALE PRA Fresh — April 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 20' day of December, 2011 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 April 19, 2012, and as further described in the Agreement. General Electric Capital Corporation GEMB Lending, Inc. By: By: Title: Glenn Marino -Vice President Title: Stephen Motta- Director GE Capital Retail 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: Title: pmo' L 4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff !; Jody S Smith Chief Deputy a 2313 NO'S 22 Ati 1 Richard W Stewart UMBE LA D GOO Solicitor O5 IFTk4E PEMSYLVANIA Portfolio Recovery Associates, LLC Case Number s. Tervry Thomas 2013-6428 SHERIFF'S RETURN OF SERVICE 11/07/2013 03:18 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Terry Thomas, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 4902 Carlisle Pike, Unit 397, Hampden Township, Mechanicsburg, PA 17050.This address is a UPS Store, per the store manager the last address they had for the defendant is 6344 Galleon Drive, Mechanicsburg, PA. 11/12/2013 06:24 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:Terry Thomas, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 6344 GALLEON DR, Mechanicsburg, PA 17050. Per the current tenants they have resided at this address for four years and do not know the defendant. SHERIFF COST: $50.60 SO ANSWERS, November 14, 2013 RbNW R ANDERSON, SHERIFF ;ci 'r,stnt,Sti:�;�PrarE+-,re'=„scr+ e±c. rri e rt A. was n, Esquire f.. Ro}Ca e N Bro . Pol 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. 13-6428 -' G / ✓,F TERRY THOMAS , 6<� 4902 CARLISLE PIKE UNIT 397 < -t, MECHANICSBURG PA 17050 _:7 �:t • Defendant ; PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Resp: tfu Submitted, Ro•ert 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 13-92264 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. 13-6428 v. • TERRY THOMAS • 4902 CARLISLE PIKE UNIT 397 • MECHANICSBURG PA 17050 Defendant • CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upo TERRY THOMAS, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of 20Z-_-?, to: TERRY THOMAS, 4902 CARLISLE PIKE UNIT 397, M ICSBURG PA 1 i 'I 13-92264 Ro!&t !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.