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Home My WebLink About14-1560 Supreme Cou- r-,t;;of Pennsylvania X.. 1. Clour6of Com Pleas �/ {?� "1 For Prothono lary. Use Only: TIME STAMP G Cove �Sl et Docket No: 1` CUMBERLAA County J 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 leadin s or other pa ers as required by law or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC HARLEY MONNINGER T 1 Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits O (Check one) _ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ®No Is this an MDJAppeal? []Yes ®No A 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 includeJudginents) 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 ❑ Product Liability (does not include _ _ -- S mass tort) ❑ Employment Dispute: _ E ❑ Slander /Libel /Defamation Discrimination ❑ Zoning Board C C] Other: ❑ Employment Dispute: Other C] Other: I ' ❑Other: MASS TORT ---- - - - - -- - - - - -- Q ❑ Asbestos ❑ Tobacco N REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES E] Toxic Tort - Implant ❑ Ejectment E] Common Law /Statutory Arbitration B F1 Toxic Waste E] Eminent Domain /Condemnation ❑ Declaratory Judgment [3 Other: [3 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: C] Legal Legal -- _— — ❑ Medical ❑ Other Professional: 15 -19628 Robert N. Polas, Jr., Esquire PA Bar # 201259 . Carrie Brown, Esquire PA Bar # 94055 YEsquire ` Mark R. Garvey, PA Bar # 312686 Portfolio Recovery Associates, LLC 0 120 Corporate Blvd Cl lr + 19 Norfolk, VA 23502 1 ' 0 ' A ND FAX (758 2 ) 518 -0860 f' Itla5YLVAi��' Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD , L� , S C tv ( L NORFOLK, VA 23502 No. Plaintiff, V. HARLEY MONNINGER 3310 DEERFIELD CMNS 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 I b2 I � s 15 -19628 0 7 G This communication is from a debt collector and is an attempt to colle ?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. HARLEY MONNINGER 3310 DEERFIELD CMNS SHIPPENSBURG PA 17257 Demandado. o 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 15 -19628 Esta coinunicacion es de un cobrador de deudas y es un intent do cobrar una deuda. Cualquier infroinacion 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. HARLEY MONNINGER 3310 DEERFIELD CMNS 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, HARLEY MONNINGER, is an adult individual with last known address of 3310 DEERFIELD CMNS, SHIPPENSBURG PA 17257. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / AMAZON on May 26, 2011 with account number * * * * * * * * * ** *0975 (hereafter referred to as "Account "). 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 coynmunication is from a debt collector and 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 May 15, 2012. 8. Plaintiff is the purchaser, assignee and /or successor in interest GE CAPITAL RETAIL BANK / AMAZON and Plaintiff is now the holder of the Account. A true and correct copy of the Plaintiffs Bill of Sale 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 $946.19. 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, HARLEY MONNINGER , in t mount of $946.19, pl c is of this action and any other relief as the Court deems just and rea n n, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 15 -19628 This coirununication 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, althia 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: FEB 2 8 2014 By: Cynthia Clarke Custodian of Records 15 -19628 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. G��o6 GE Capita! BILL of SALE PRA PLCC Fresh — December 2012 -F/E 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 13'' day of December, 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 December 27, 2012, and as further described in the Agreement. GE Capital Retail Bank Monogram Credit Services, L.L.C. B Y: 7 By: ee � Glenn Marino Glenn Marino Title: EVP Title: _President Date: Date: General Electric Capital Corporation RFS Holding, L.L.0 . B : 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: 1 � GE Capital BILL of SALE PRA PLCC Fresh — December 2012 -FIE 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 13 day of December, 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 December 27, 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 B By: Glenn Marino Joseph Ressa Title: Vice President Title: _CFO Date: Date:. GEMB Lending, Inc. GEM Holding, L.L.0 B By: Stephe a Joseph Ressa Title: Director `` Title: _CFO Date: �Q 1 i 2, Date: 1 GE Ca hal ` BILL of SALE ^} . ' PRA'?Wt Fr esh -- December 2012 -F/E For value1receiyed and ; in fuither consideration of the mutual covenants and conditions set foitli.in ttie Forward' Receivables Purchase Agreement (the "Agreement "), dated as of the J3' day of ' December, 2012 • by and between General Electric Capital Corporation; C Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding; L.L.C., and GEM Holdin L.L.C. g, (collectively "Seller ") and Portfolio Recover y ;Associates, LLC. ( "Buyer '); Seler hereby transfers, sells, conveys, grants, and delivers q!- uyer, its successors and assigns, recourse except as set forth in the Agreertient; 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 December 27, 2012, and as fuither described in the Agreement. GE CapitatRetail Bank ':.Monogram Credit Services, L.L.C. Meririb' By: Glenn Glenn Marino Title: _EVP ° -Title: President Date: Date: General Electric Capital Corporation RFS ng,1,.L.0 Glenn Marina' : By: .Joseph Res Title: _Vice"president Title: _CPO Date: Y ' ' � _ •� � Date: GEMB Lending ;Jnc. GEM ing, L.L.0 . Y:. By: .. Stephen Motte Joseph Ress Title: _Director 'Title: CFO Date: Date: 54, t r EXHIBIT A BILL - 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 this 13th day of December, 2012 by and between General Electric Capital Cotporation,GE Capital Retail Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holdnig, L.L.C. (collectively "Seiler ") 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 Seiler to Buyer on each Transfer Date, and as further described in the Agreement. GE Capital Retail Bank By: Glenn Marino r Title: EVP General Electric Capital Corporation By: Glenn Marino Title: Vice President GEMB Lending, Inc. By: Stephen Motta Title: Director Monogram Credit Services, L.L.C., By: ' Glenn Marino Title: President 31 EXHIBIT A BILL of SAT E 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 this 13th day of December, 2012 by and between General Electric Capital Corporation,GE Capital Retail 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 each Transfer Date, and as further described in the Agreement. GE Capital Retail Bank By: Glenn Marino Title: EVP General Electric Capital Corporation By: Glenn Marino Title: - Vice President GEMB Lending, Inc. By: Step en Vlotta Title: Director Monogram Credit Services, L.L.C., By: Glenn Marino Title: President 31 r RFS olding, L.L.C. By: Josep essa Title: F GEM Holding, L.L.C. By: _A\-,e� Joseph Assa Title: C 0 32 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLI RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 V. HARLEY MONNINGER 3310 DEERFIELD CMNS SHIPPENSBURG, PA 17257 ANSWER AND NEW MATTER NO. —14 -1560 And now, comes the Defendant, Harley Monninger, pro se, who answers Plaintiff's Complaint as follows: 1. After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 1, which is therefore denied 2. Paragraph 2 is admitted. 3. Paragraph 3 is admitted. 4. Paragraph 4 is admitted. 5. Paragraph 5 is admitted. 6. Paragraph 6 is admitted. 7. Paragraph 7 is admitted with respect to the first sentence and after reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of the second sentence. 8. After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 9,which is therefore denied 8 9. After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 9, which is therefore denied 10. After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 10, which is therefore denied 11. Paragraph 11 is a conclusion of law. NEW MATTER AFFIRMATIVE DEFENSES 12. Failure to state a claim upon which relief can be granted. Plaintiff fails to state the legal basis for their claims. 13. Plaintiffs lack standing to bring this suit. Plaintiff avers, but has not provided documentation showing an interest in the instrument in question. WHEREFORE, the defendant requests that judgment be entered against the plaintiff. Respectfully submitted, Harley Monninger 3310 Deerfield Cmns Shippensburg, PA 17257 717 - 218 -4232 Defendant I verify that the statements made in this Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. April 22, 2014 Harley Monninger IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLI RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 V. HARLEY MONNINGER 3310 DEERFIELD CMNS SHIPPENSBURG, PA 17257 CERTIFICATE OF SERVICE NO. —14 -1560 I, Harley Monninger, hereby certify that I have mailed by U.S. mail, first class, postage prepaid on this day of April, 2014, a true and correct copy of the Answer and New Matter with Notice to Plead to the person(s) at the address indicated: PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Date: April 22, 2014 Harley Monninger 3310 Deerfield Cmns Shippensburg, PA 17257 717 -218 -4232