HomeMy WebLinkAbout14-1772 Supreme C Pennsylvania
Cour�� f Ciom n Pleas
�� 5Y Ve �r r, For Prothonotary Use Only: TI ML ST:I V91'
C1 r�- et Docket No:
CLIMB° "Count 1
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 a ers as required by law or rules of court.
S Commencement of Action:
® Complaint ❑ Writ of Summons ❑ Petition
I+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C I Lead Plaintiffs Name: Lead Defendant's Name:
'I` PORTFOLIO RECOVERY ASSOCIATES, LLC CAREY MULLINS
I �
0 Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits
N (Check one) outside arbitration limits
A 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 [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 ❑ 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 ❑ Other: ❑ Employment Dispute: Other ❑ Other:
T
I i ❑Other:
MASS TORT
0 ❑ Asbestos
N ❑Tobacco
❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS
❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration
B ❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ 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:
15 -19887
6
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055 (i( J5(,
Mark R. Garvey, Esquire PA Bar# 312686 Y g = OI NOTARY
Portfolio Recovery Associates, LLC
120 Corporate Blvd 2014 MAR 26 AN N: 54
Norfolk, VA 23502
TELE: 1- 866 -428 -8102 C'UTME ERJ A N0 COUNT Y
FAX: (757) 518 -0860 PENNSYLVANIA
ANIA
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION: - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD 1 Cu L
NORFOLK, VA 23502 No. 1
Plaintiff,
V.
CAREY MULLINS
3514 WALNUT ST APT C
CAMP HILL PA 17011
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
15 -19887
This communication is from a debt collector and is an attempt to collect a deb 3 T r
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
v.
CAREY MULLINS
3514 WALNUT ST APT C
CAMP HILL PA 17011
Demandante, No.
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 SERVICIOS 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
15 -19887
Esta comunicacion es de un cobrador de deud.as 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.
CAREY MULLINS
3514 WALNUT ST APT C
CAMP HILL PA 17011
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, CAREY MULLINS, is an adult individual with last known address of 3514 WALNUT
ST APT C, CAMP HILL PA 17011.
3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / GENERAL
ELECTRIC CAPITAL CORP / HH GREGG on September 7, 2011 with account number
* * * * * * * * * ** *2861 (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 communication. is from a debt collector and is an attempt to collect a debt.
Atty iltforniat:ion. obtained. will. be Wised for that pt rpose.
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 April 13, 2012.
8. Plaintiff is the purchaser, assignee and /or successor in interest GE CAPITAL RETAIL BANK /
GENERAL ELECTRIC CAPITAL CORP / HH GREGG 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
$853.07.
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.
I I .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, CAREY MULLINS , in the a o t of $853.07, pl c sts of this action
and any other relief as the Court deems just and reasonab e.
e A. Brown, Esquire, # 94055
Robert N. Polas, Jr., Esquire, # 201259
Mark R. Garvey, Esquire, # 312686
Attorneys for Plaintiff
15 -19887
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,
Itina Cullman 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.
MAR 0 5 2014
Date: tiIOZ 5 0 M By: \
Itim Spellman
Custodian of Records
15 -19887
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.
GE Capita!
BILL of SALE
PRA PSCC Fresh — December 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 December 21, 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 Motta Joseph Ressa
Title: Director Title: _CFO
Date: Date:
1 �
GE Capita!
BILL of SALE
PRA PSCC Fresh — December 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 December 21, 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: B
Stephe otta Joseph Ressa
Title: _Director Title: CFO
Date: _�_ Date:
{sW,:..
♦ ,; GE Capita!
-�> BILL of. ALE
h
�'. — December 2012
PR
PSCC_:Crea
For value''i-4 d in Tfuither ,consideratioii'of the mutual covenants and conditions
sei forth n`4h&Forward Flow Receivables, P:u rct► ase Agreement (the "Agreement "), dated
as`'of the 2;5.<: of�June, 2012 by,and betweea.General El ectric Capital Corporation, GE
�. -';�.-
Money Banli;.GEMB Lendipg, lnc.; :Monogram Credit Sery ices, L.L.C., RFS Holding,
L.L.C., and. GEM °L.L,C::' (collectively "Seller "} and Portfolio Recovery
Associates LLC ( 'Buyer "), Sellei:hereby'tranders, sells,•:conveys, grants, and delivers to
r..:
Buyer, its�successors and assigns, without recourse except as set forth in the Agreement,
to the eztent':of;its ownership, the �Ri�eivables as set forth in the Notification tales (as
defined ifi ttie: :Agreement), delivered :by Seller to Buyer : on December 21, 2012, and as
further described iri •the Agreement.
GE Capifi Retail Bank Monogram Credit Services, L.L.C.
By, . .By:
Glenn Marino`
Glenn Marino
Title: EVR ' Title: _President
Date: :. Date:
General
.E1.ectric'Gapital Corporation : lding, L.L.
.` .
Glenn Marino;:. . Joseph a sa
Title: Vic ;President : Title: _ F
Date: ate•
[ • : °D l
"" •`' L.I C
GEM oIding, ..
GEMS Ceriding Inc::.:.y..:` :''
By: ;;.,::. y :
Stephen IVtotta " : Joseph R
Title: _Director ' 'title: C .p
Date: z; "° :: Date: _ . _
Carey R. Mullins
3514 Walnut Street APT C
Camp Hill, PA 17011
570-305-1788
717-635-9585
4/11/2014
To whom it may concern:
l~0�8�A |� PM 1: 20
..."." .` ... .`�°
CUMBERLAND COUNTY
PENNSYLVANIA
| am writing to i (within the twenty day allowed period) to the Docket
(Civil) P rtfmUoRecoVeryAssociates,LL[VS.CareyR.KxuUins.|haveoontactedtheconnpanyondnoxv
am making payments to the debt incurred to pay off the balance of the debt mentioned in Docket # 14-
1772. I have attached a document they sent me verifying that payments are now being made. There
legal office told me to send this information to your courts to verify to them payments is being made.
There attorneys will review and confirm that the payments are being made. If you have any questions or
I must do anything else please contact me at the above address and /or phone numbers.
Thank you,
Carey R. Mullins
7M/P/
April 1, 2014
CAREY MULLINS,
This letter is to confirm your authorization on 03/31/2014
of recurring transfers from your bank account. The
payments detailed on the back of this letter will be
electronically debited from the following account:
Bank Name: SUSQUEHANNA BANK
Bank Routing Number: 031309123
Account Number: XXXXXXXX4132
PRA903A-0401-461338136-01860-720
EOM"
Seller: GENERAL ELECTRIC CAPITAL CORP
Merchant: HH GREGG
Original Creditor: GE CAPITAL RETAIL BANK
Creditor to Whom Debt is Owed: Portfolio Recovery Associates, LLC.
Account Number: 6019170225182861
Balance: $710.21
Your payments will be drafted until the final agreed upon payment is received unless you've authorized any other
arrangements. Your payment schedule is detailed on the back of this page.
***PLEASE NOTE: Any changes to the authorized arrangements must be made at least 72 hours prior to the scheduled
date by contacting one of our representatives by phone at 1-800-772-1413 during our hours of operation.***
Portfolio Recovery Associates, LLC
We'reqhnnq dthtcoUtction goodmIne.
HOURS OF OPERATION (EST) 8 AM to 11 PM Mon.-Fri., 8 AM to 5 PM Sat., 2 PM to 9 PM Sun.
EMAIL: help@ portfoliorecovery.com
COMPANY ADDRESS: Portfolio Recovery Associates, LLC, 120 Corporate Boulevard, Norfolk, VA 23502
DEBIT CARD TRANSACTION FEES: Third party vendors may charge a transaction fee for processing payments made by
debit card; however, Portfolio Recovery Associates, LLC does not charge or accept any fees. Please discuss this option with
our staff if you have any questions.
MAKE ALL CHECKS PAYABLE TO: Portifolio Recovery Associates, LLC
SEND ALL PAYMENTS TO: Portfolio Recovery Associates, LLC, P.O. Box 12914, Norfolk, VA 23541
DISPUTES CORRESPONDENCE ADDRESS: Portfolio Recovery Associates, LLC Disputes Department, 140 Corporate
Boulevard, Norfolk, VA 23502
DISPUTES DEPARTMENT E-MAIL ADDRESS: PRA_Disputes@portfoliorecovery.com
QUALITY SERVICE SPECIALISTS AVAILABLE Mon. - Fri. 8 AM to 5 PM (EST)
Not happy with _the way you were treated? Our company strives to provide professional and courteous service to all our
customers. Contact one of our staff to discuss issues related to our quality of service to you by phone at (866) 925-7109 or
by e-mail at qualityservice@portfoliorecovery.com.
PRIVACY NOTICE: We collect certain personal information about you from the following sources: (a) information we
received from you; (b) information about your transactions with our affiliates, others, or us; (c) information we receive from
consumer reporting agencies. We do not disclose any nonpublic personal information about our customers or former
customers to anyone, except as permitted by law. We restrict access to nonpublic information about you to those employees
and entities that need to know that information in order to collect your account. We maintain physical, electronic and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
If this authorization was provided in error, please call us at 1-800-772-1413
immediately. Federal law gives you the right to stop payments by contacting the
financial institution that holds the account you are using to make payments. Please
contact the institution to exercise this right.
This letter is from a debt collector and is an attempt to collect a debt.
Anv information obtaineld will
ho I lend few +hot 114 grn."ce.
pnA903^-04 ,'m,u38`o6-nu60-7e
~,� ^
Thepaymegts detailed below are in reference to the following bank authorization only:Bank Name: SUSQUEHANNA BANK,
Bank Routing Number: 031309123, Account Number: XXXXXXXX4132
PAYMENT DRAFT DATE
PAYMENT AMOUNT
04/25/2014
$143.80
05/23/2014
$142.86
06/20/2014
$142.86
07/18/2014
$142.86
08/16/2014
$142.86
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
r-, t
;!0:10 TAR
.2014 OCT 21 11:1 10:
`' TILVA NIA
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.
CAREY MULLINS
3514 WALNUT ST APT C
CAMP HILL PA 17011
Defendant
No. 14-1772
PRAECIPE TO SETTLE DISCONTINUE AND END
PLEASE MARK THE ABOVE -CAPTIONED ACTION AS SETTLED,
DISCONTINUED AND ENDED.
15-19887
Resp - fu1 submitted,
. 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 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 : No. 14-1772
v.
CAREY MULLINS
3514 WALNUT ST APT C
CAMP HILL PA 17011
Defendant
CERTIFICATE OF SERVICE
The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle
Discon ' e and End on C/ REY MULLINS by First Class Mail, Postage Pre -Paid, a copy thereof on
this day of , 2014, to:
15-19887
CAREY MULLINS 3514 WALNUT APT C, CA P HI
obert 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 nurnose