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Home My WebLink About14-4275 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland County I V_ The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filingand service of pleadings or other papers as required bylaw or rules of court. Commencement of Action: Complaint F1 Writ of Summons 171 Petition ❑ Transfer from Another Jurisdiction E] Declaration of Taking S E Lead Plaintiff's Name: Lead Defendant's Name: CRAIG CYPHERS C PORTFOLIO RECOVERY ASSOCIATES LLC T Dollar Amount Requested: J@ within arbitration limits I Are money damages requested? I'M Yes No (Check one) D outside arbitration limits 0 N Is this a Class Action Suit? ❑ Yes No Is this an MDJ Appeal? El Yes N No A Name of Plaintiff/Appellant's Attorney: Syretta Martin, Frank Janello, Beth Arnold Howell/Greg Dye F1 Check here if you have no attorney(are a Self-Represented [Pro Se]Litigant) Nature of the Cam: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 El Intentional 0 Buyer Plaintiff Administrative Agencies 1:1 Malicious Prosecution DQ Debt Collection: Credit Card 0 Board of Assessment El Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept.of Transportation s El Premises Liability ED Statutory Appeal: Other E 0 Product Liability tdoes not include El Employment Dispute: mass tort) C 0 Slander/Libel/Defamation Discrimination T 13 Other: 0 Employment Dispute: Other 0 Zoning Board 1 171 Other: 0 N El Other: MASS TORT M Asbestos M Tobacco B 0 Toxic Tort-DES C3 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS El Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration El Other: M Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus El Landlord/Tenant Dispute El Non-Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY E-1 Mortgage Foreclosure: Commercial 0 Quo Warranto El Dental 0 Partion 0 Replevin 0 Legal 0 Quiet Title 0 Other: 13 Medical 0 Other: E3 Other Professional: Updated 111120 2932480 PPTXCPRI(05/06/2014) 11111111111111 IN 111111111111111111111111111111111111111111111111111111111 Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, 1835 Market Street, Suite 501 PORTFOLIO RECOVERY ASSOCIATES LLC Philadelphia, PA 19103 800-850-1079 PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION VS. ` No. � ' j C C-� �j� �J vt CRAIG CYPHERS $�r� 31 GREENMONT DR _ z ' ENOLA PA 17025 Defendant. _rs ) l C-) - :lv—'M. c`:: r -4 j'r'a NOTICE TO DEFEND ' =t' You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 800-990-9108 2932480 bi PPTNPRAI (04/24/2014) ' 1 ) ` / 2 r^�(�►� 11111111111111111111111II1111111111111111111111111111111111111111111II�� AVS Le han demandado a usted en la corte. Si usted quiere defen derse de estas demandas expuestas en las paginas siguientes, usted tiene veinte dias de plazo al partir de la fecha de la demanda y la notificacion. Hase falta ascentar una comparencia escrita o en persona o con un aboga do y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisa do que si usted no se de fiende la corte tomara medidas y puede continuar la demanda en contra suva sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propieda des u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 800-990-9108 4 Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Greg Dye, Esq. PA Bar #205316 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 800-850-1079 FAX: (215) 564-3818 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. CRAIG CYPHERS 31 GREENMONT DR ENOLA PA 17025 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(s), CRAIG CYPHERS, is/are an adult individual with last known address of 31 GREENMONT DR ENOLA PA 17025. 3. It is averred that Defendant(s) opened an account on 05-08-10 with account number XXXXXXXXXXXX2427 (hereafter referred to as "Account"). A copy of the charge-off statement is attached hereto and collectively marked as Exhibit "A". 4. By using the Account, Defendant(s) agreed to repay any incurred balances, charges and/or cash advances made to the Account. Failure to pay Defendant(s) incurred charges on the Account is considered a default. 2932480 PPTCPRAI (05/27/2014) 1111111111111 IN 1111111111111111111 VIII VIII VIII VIII VIII 111111111 IN 5. At all relevant times material hereto, Defendant(s) has used said Account for the purchase of products, goods, and/or for obtaining services. 6. Defendant(s) was provided with copies of Account statements showing debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant(s). 7. Defendant(s) was in default with respect to that debt for failure to make the required payments on the Account. The last payment date on this Account was on or about 07-31-2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest of CITIBANK, N.A./SEARS and Plaintiff is now the holder of the Account. A true and correct copy of Plaintiff's Verification is attached hereto. 9. As of the date within the Complaint, the remaining balance due, owing and unpaid of Defendant(s) Account, as a result of Defendant(s) and/or any authorized user's of said Account is in the sum of $2656.44. 10. Despite reasonable and repeated demands for payment, Defendant(s) has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all of the damage and detriment of the Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of Plaintiff and against Defendant(s) CRAIG CYPHERS, in the amount of $2656.44, plus costs of this action and any other relief as the Court deems just and reasonable. Respectfully Sub ted, Dated: yretta Marti sq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Greg Dye, Esq. PA Bar #205316 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 800-850-1079 FAX: (215) 564-3818 Attorneys For Plaintiff BHLM REF #: 2932480 VERIFICATION The undersigned Custodian of Records.for Portfolio Recovery Associates, LLC, Elonda Shermm 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. Elonda Sherman Date: n iii A 7 2014 By: Custodian of Records BHLM REF #: 2932480 PPTXPVRI (05/27/2014) I Exhibit " A " 2932480 PPTXEXAI ( 04/17/2014 ) Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: Customer Service: SEARS CREDIT CARDS sears Sears Card* 6 searscard.com PO Box 6283 Sioux Falls SD 57117-6283 ffall Account Inquiries: 1 Accdt�nt Nurrtbel 242 1-800-917-7700 Summary of Account Act"y Payment Information Previous Balance $2,563.98 New Balance $2,656.44 Payments -$0.00 Minimum Payment Due $826.11 Other Credits -$0.00 Payment Due Date April 8,2013 Purchases +$0.00 Cash Advances +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$35.00 date listed above,you may have to pay a late fee up to$35. Interest Charged +$57.46 Minimum Payment Warning: If you make only the minimum payment each New Balance $2,656.44 period,you will pay more in interest and it will take you longer to pay off your balance For example Past Due Amount $706.65 tf you make rte adcHtlpnal Yost will pay: ff fbe And ynu wlll; charges using tht6 c2rd balance shown on ttfts.'- end up paylrig'an and each month yoG pay .`" statemehtp-," estitriifed fotli o} Credit Limit $0.00 Only the minimum payment 18 years $5,950 Available Credit $0.00 $106 3 years $3,814 Amount Over Credit Limit $156.44 1 (Savings=52,136) Statement Closing Date 03/12/2013 If you would like information about credit counseling services,call 1-877-337-8188. Next Statement Closing Date 04/11/2013 Das in Billing Cycle 32 Your account is seriously past due. Amount past due is shown above. Arrangements for future payments should be made immediately. TRANSACTIONS Trans Date Description Reference# Amount FEES 03/08 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD $ 86.00 INTEREST CHARGED 03/12 INTEREST CHARGE ON PURCHASES $ 57.46 TOTAL INTEREST FOR THIS PERIOD $ 57.46 8SE6 NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued by Citibank,N.A. ----------------------------------------------------------------------------------------------------------------------------- +Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records.T Sears Card® 1Past Due Amount is included In the Minimum Payment Due. Your.Accourtt Number ? Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed APRIL 8,2013 $2,656.44 $706.65 $826.11 $ '2427 Make Checks Payable to: SEARS CREDIT CARDS PO BOX 183081 CRAIG CYPHERS COLUMBUS,OH 43218-3081 31 GREENMONT DR ENOLA,PA 17025-2644 Print address changes above in blue or black ink. Information About Your Account. What Will Happen After We Receive Your Letter How to Avoid Paying Interest on Purchases.Your payment due date is at least When we receive your letter,we must do two things: 25 days after the close of each billing cycle. We will not charge you any interest on 1. Within 30 days of receiving your letter,we must tell you that we received purchases if you pay your New Balance by the payment due date each month. your letter.We will also tell you if we have already corrected the error. This is called a grace period on purchases. If you do not pay the New Balance in 2.Within 90 days of receiving your letter,we must either correct the error or full by the payment due date,you will not get a grace period on purchases until explain to you why we believe the bill is correct. you pay the New Balance in full for two billing cycles in a row. We will begin charging interest on cash advances and balance transfers(if available on your While we investigate whether or not there has been an error: account)on the transaction date. • We cannot try to collect the amount in question,or report you as delinquent on If you have a balance subject to a deferred interest promotion and that promotion that amount. does not expire before the payment due date,that balance(the"excluded The charge in question may remain on your statement,and we may promotional balance")is excluded from the amount you must pay in full to get a continue to charge you interest on that amount. grace period. However,you must still pay any separately required payment on the While you do not have to pay the amount in question,you are responsible excluded promotion.In billing cycles in which payments are allocated to deferred for the remainder of your balance. interest balances first,the deferred interest balance will be reduced before any We can apply any unpaid amount against your credit limit. other balance on the account.However,you will continue to get a grace period on After we finish our investigation,one of two things will happen: purchases so long as you pay the New Balance less any excluded promotional balances in full by the payment due date each billing cycle. if we made a mistake.You will not have to pay the amount in question or any In addition,certain promotional offers may take away the grace period on interest or other fees related to that amount. purchases. Other promotional offers not described above may also allow you to if we st not believe there was a mistake:You will have w pay the amount y in question,along with applicable interest and fees.We will send you a have a grace period on purchases without having to pay all or a portion of the statement of the amount you owe and the date payment is due.We may then promotional balance by the payment due date. If either is the case,the report you as delinquent if you do not pay the amount we think you owe. promotional offer will describe what happens. You receive our explanation but still believe your bill is wrong,you must write to How We Calculate Your Balance Subject to Interest Rate.We use a daily u balance method(including current transactions)to calculate interest charges.To within 10 days telling us that you still refuse to pay.If you do cannot st on re find out more information about the balance computation method and how the report you as delinquent without also reporting that you are questioning your ball. We must tell you the name of anyone to whom we reported you as delinquent,and resulting interest charges were determined,contact us at the Account Inquiries number on the front. we must let those organizations know when the matter has been settled between US. Balance Transfers.Balance transfer amounts are included in the"Purchases"line If we do not follow all of the rules above,you do not have to pay the first$50 of in the Summary of Account Activity(if balance transfers are available on your the amount you question even IF our bill is correct. account). y Transaction Date.The Transaction Date shown on the statement is also the Sale Your Rights It You Are Dissatisfied With Your Credit Card Purchases Date. If you are dissatisfied with the goods or services that you have purchased with Credit Reporting Disputes.If you think we reported inaccurate information to a your credit card,and you have tried in good faith to correct the problem with the credit bureau write us at the Customer Service address shown on the front. merchant,you may have the right not to pay the remaining amount due on the Report a Lost or Stolen Card Immediately.Call the Account Inquiries number purchase. shown on the front. To use this right,all of the following must be true: 1. The purchase must have been made in your home state or within 100 What 7b Do It You Find A Mistake On Your Statement miles of your current mailing address,and the purchase price must have If you think there is an error on your statement,write to us at the address for been more than$50.(Note:Neither of these are necessary if your billing inquiries and correspondence shown on the front of your statement. purchase was based on an advertisement we mailed to you,or if we own In your letter,give us the following information: the company that sold you the goods or services.) 2.You must have used your credit card for the purchase.Purchases made with • Account information:Your name and account number. cash advances from an ATM or with a check that accesses your credit card Dollar amount:The dollar amount of the suspected error. account do not qualify. • Descriot-i-ion of problem:If you think there is an error on your bill, 3. You must not yet have fully paid for the purchase. describe what you believe is wrong and why you believe it is a mistake. If all of the criteria above are met and you are still dissatisfied with the purchase, You must contact us: contact us in writing at the address for billing inquiries and correspondence shown Within 60 days after the error appeared on your statement. on the front of your statement. • At least 3 business days before an automated payment is scheduled,if you want While we investigate,the same rules apply to the disputed amount as discussed to stop payment on the amount you think is wrong. above.After we finish our investigation,we will tell you our decision.At that point, You must notify us of any potential errors in writing.You may call us,but if you do if we think you owe an amount and you do not pay, we may report you as we are not required to investigate any potential errors and you may have to pay delinquent. the amount in question. EM SMC-TGI-SCC-SCP-HIPs 07/12 T02388-9351-5000-0021-9-E-9-X--05/01/10-53--P-E-0-7-402-0-0---02/09/13-PLOB-February 8,2013-0-0-V N--- Important Payment Instructions. Payment Options Other Than Regular Mail. Right to Prepay Your Account.You may pay all or part of your account balance In-Store Payments(Where Available).Any payment in proper form accepted at any time.However,you must pay,by the payment due date,at least the in-store will be credited as of that day.However,credit availability may be minimum payment due. subject to verification of funds.Not all stores accept payments.Contact your Crediting Payments.If we receive your payment in proper form at our processing local store to see if in-store payments are accepted at that location. facility by 5 p.m.local time there,it will be credited as of that day. A payment Online Payments.Visit the web address on the front and sign up for online received there in proper form after that time will be credited as of the next day. payments. Enrollment may take a few days. If we receive your request to make Allow 5 to 7 days for payments by regular mail to reach us.There may be a delay an online payment by 5 p.m.Eastern time,we will credit your payment as of of up to 5 days in crediting a payment we receive that is not in proper form or is that day.If we receive your request to make an online payment after that time, not sent to the correct address. The correct address for regular mail is the we will credit your payment as of the next day.For security reasons,you may be address on the front of the payment coupon.The correct address for courier or unable to pay your entire New Balance with your first online payment. express mail is the Express Payments Address shown below. AutoPay Service.If you are enrolled in this service,your payment amount will be deducted automatically each month on your due date from the bank account Proper Form.For a payment sent by mail or courier to be in proper form,you must: you select. • Enclose a valid check or money order.No cash,gift cards,or foreign Pay by Phone Service.You may use this service any time to make a payment currency please. by phone.You will be charged$14.95 if a representative of ours helps expedite Include your name and account number on the front of your check or money your payment,Call by 5 p.m.Eastern time to have your payment credited as of order. that day.If you call after that time,your payment will be credited as of the next If you send an eligible check with this payment coupon,you authorize us to day.We may process your payment electronically after we verify your identity. complete your payment by electronic debit.If we doi the checking account will Express Payments.You can send payment by courier or express mail to the be debited in the amount on the check.We may do this as soon as the day we Express Payments Address.This address is: Payments Department,1500 receive the check.Also,the check will be destroyed. Boltonfield Street,Columbus,OH 43228. Payment must be received in proper Copy Fee.We charge$3 for each copy of a billing statement that dates back 3 form at the proper address by 5 p.m.Eastern time to be credited as of that day. months or more.We add the fee to the regular purchase balance.We waive the fee All payments received in proper form at the proper address after that time will be credited as of the next day. if your request for the copy relates to a billing error or disputed purchase. Page 2 of 4 Account: **** **** **** 2427 2013' ntal$Yeah to date Total Fees Charged in 2013 $105.00 Total Interest Charged in 2013 $156.24 INTEREST CHARGE CALCULATION Your Annual Percentage Rate(APR)isthe annual interest rate on your account. 7Xpe o`f.Balanoe AnnuatPcent�ge,Rate(JFP k t} IEa[anoe subject=to tritere4t1�t4tp , ttfte8tlilrge. PURCHASES REGULAR 25.24%(D)M $2,597.12 $57.46 =Variable Rate D =Daily Page 3 of 4 Account: **** **** **** 2427 Page 4 of 4 Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 ;,._ Beth Arnold Howell, Esq. PA Bar #203606 Gr., Greg Dye, Esq. PA Bar #205316 /C � ' ��3• Blatt, Hasenmiller, Leibsker & Moore, LLC `0/4'f j 1835 Market Street, Suite 501 3 Philadelphia, PA 19103 olfq 1 ('jl TELE: 215-564-1567 FAX: 215-564-3818 � I'D PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL AC VS. 1 TT No. CRAIG CYPHERS 31 GREENMONT DR ENOLA PA 17025 Defendant(s). PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTIFF PORTFOLIO RECOVERY ASSOCIATES LLC. Papers may be served at the address set forth below: Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Telephone Number: 1-215-564-1567 BLATT, HASENMILLER, LEIBSKER & MOORE, L Dated: -� Syrett in, Esq. PA Bar #309370 Frank J nell n, Esq. PA Bar #315643 Beth Ar old owell, Esq. PA Bar #203606 Greg Dye, sq. PA Bar #205316 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 215-564-1567 FAX: 215-564-3818 Attorneys For Plaintiff 2932480 PPTXPEAI (05/12/2014) 11111111111111 IIII 111111111111111111111111111111111111111111111111111111111 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r ;j EU -Cid r Sheriff r THE PROTHO( �l l%'st `, of C.0 all Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OOFflE$ RIFF 2014 AUG 19 AM 10= 20 CUMBERLAND COUNTY PENNSYLVANIA Portfolio Recorvery Associates, LLC vs. Craig Cyphers Case Number 2014-4275 SHERIFF'S RETURN OF SERVICE 08/11/2014 07:37 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Craig Cyphers at 31 Greenmont Drive, East Pennsboro, Enola, PA 17025. IJQMi216-42) SHERIFF COST: $44.95 August 12, 2014 (c) CountySuito Sheriff, feleosoft, Inc. IE DIMARTLE, DEPUTY SO ANSWERS, RON�R ANDERSON, SHERIFF