Loading...
HomeMy WebLinkAbout11-7544Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC ( LL - ' :"" 140 Corporate Blvd. (' € j V i i u i 4 , , Norfolk, VA 23502 TELE: 1-866-428-8102 ^• r rGCS '3 { (i r7' , t FAX: 757-518-0860 Attorneys for Plaintiff C U M 8 E i L A D C0 U PC NSYLVA' 91A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. 7&107 Norfolk, VA 23502 Plaintiff V. DENNIS R ROSENBERG 1801 HUNTER DR 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, an 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 Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 C #990 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 Portfolio Recovery Associates, LLC 140 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 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. V. DENNIS R ROSENBERG 1801 HUNTER DR MECHANICSBURG PA 17050 Defendant 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 esate 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 AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 This contniunicatio?n is kroin a debt Mlec for ai?itl is ait atteinpt to3 sect a debt. Any irltc>r?xiatic?n cfbtai?ted ??;-il1 tie ?ES?a1 l:?r t'hat 1?LZrh Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 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 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. V. DENNIS R ROSENBERG 1801 HUNTER DR MECHANICSBURG PA 17050 Defendant COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant DENNIS R ROSENBERG, is an adult individual with last known address of 1801 HUNTER DR, MECHANICSBURG PA 17050. 3. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / BEST BUY on March 22, 2007 with account number ************7958 (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 i,omnwnication is from a debt collector and is a-- 1 _ , to collect a d6t. Ajiv inl ?rination obtained will be w ed for tt PLJTI ose°. 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 December 30, 2009. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA, N.A. / BEST BUY and Plaintiff is now the holder of the Account. A true and correct copy of the affidavit 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 $7,935.67. 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, DENNIS R ROSENBERG, in the amount of $7,935.67, plus costs of this action and any other relief as the Court deems just and (t; Iv Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 10-93001 This co mmunication is froth a debt colleclor and is an atiempt to collect a debt. My information obtained will be iised for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, (,ktela Wise 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 : SC-o'irC-*r )cC)c LD 2U\ By: C? ? t 1 ?? Chela Wise Custodian of Records 10-93001 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. EXHIBIT A PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************7958 DENNIS R ROSENBERG Account Holder: DENNIS R ROSENBERG 1801 HUNTER DR MECHANICSBURG PA 17050 Consumer Account Product Code: MC Issuer: HSBC BANK NEVADA, N.A. / BEST BUY Assignee: Portfolio Recovery Associates, LLC Account Number: ************7958 Date Account Opened: March 22, 2007 Date of Last Payment: December 30, 2009 Date of Charge Off: August 31, 2010 Balance at Purchase: $7,935.67 Purchase Date: February 18, 2011 Balance at Charge-Off: $7,935.67 Less Payments: $.00 Balance Due: $7,935.67 10-93001 HSBK40 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AFFIDAVIT State of Virginia City of Norfolk ss. I, the undersigned, Chela Wise , Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's records, including a review of the business records transferred to Account Assignee from HSBC BANK NEVADA, N.A. / BEST BUY ("Account Seller"), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on February 18, 2011. Further, the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from DENNIS R ROSENBERG ("Debtor") to the Account Seller the sum of $7,935.67 with the respect to account number (************7958), as of August 31, 2010 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $7,935.67 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC By: Chela M , Custodian of Records Subscribed and sworn to before me on 1 (n(n of 2011 N ub is 10-93001 r c?. I his conununication is from a debt collector and is hn attempt t?, _ tMcc? a debt, Anv information obtained will be used (,)r that p€j°, Michael J.Pykosh, Esquire I D#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 mDAkMh@AV'Wlaw.com Attorney for Defendant MI �� PORTFOLIO RECOVERY : COURT OF COMMON PLEAS ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-7544 DENNIS R. ROSENBERG, CIVIL TERM ? e Defendant - - '�°.»T; NOTICE TO PLEAD co C? To: Portfolio Recovery Associates, LLC = -� c/o Robert N. Polas, Jr., Esquire -< --' Carrie Brown, Esquire 140 Corporate Blvd. Norfolk, VA 23502 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Respectfully Submitted, Date: 13 Michael J. sh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant Michael J. Pykosh, Esquire ID#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone-(717)975-9446 Fax-(717)975-2309 Attorney for Defendant PORTFOLIO RECOVERY . COURT OF COMMON PLEAS ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-7544 DENNIS R. ROSENBERG, CIVIL TERM Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes the Defendant, Dennis R. Rosenberg, by and through his attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files his Preliminary Objections to the Plaintiffs Amended Complaint, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by HSBC Nevada, N.A. / Best Buy. Comp. 13. 2. The Amended Complaint was filed on February 25, 2013. First Preliminary Objection - Pa. R.C.P. 1028(x)(2) Failure to Conform to Law or Rule of Court 3. The Amended Complaint avers the existence of some type of credit account between the Defendant and an original creditor. 4. Pursuant to Pa. R.C.P. 1019(h), where a claim asserted is based upon an agreement, the pleading must state whether the agreement is oral or written. 5. The Amended Complaint does not indicate whether the agreement is oral or written. 6. Pursuant to Pa. R.C.P. 1019(1), if the agreement is written, it must be attached to the pleading or, if not, the pleader must explain its absence and set forth the substance of the agreement. More specifically, Plaintiff has failed to attach the original Loan/Credit Agreement signed and dated, including both original and amended terms and conditions applicable to the credit card agreement. Asset Acceptance, LLC v Margaret Madden Order dated March 18, 2009, No. 2912 of 2008 GD (Fayette County 2009) citing Atlantic Credit& Finance, Inc. v Guiliana, 829 A.2d 340 (Pa. Super. 2003). Plaintiff has also failed to attach "other periodic mailings detailing changes to the terms of the contract Remit Corporation v Miller, 5 Pa. D&C 5th 43, 45 (Centre Cty., 2008) 7. Plaintiff has failed to describe the terms of the agreement, nor has it attached a copy of a written agreement or explained its absence. Second Preliminary Objection - Pa. R.C.P. No. 1028(a)(2) Failure to Conform to Law or Rule of Court 8. Plaintiff is not the original creditor, but rather assignee of the original creditor. Comp. 13 and 8. Since the Plaintiffs right to maintain an action as an assignee is predicted upon written assignment or agency agreement, that writing must be attached to the Amended Complaint, pursuant to Pa. R.C.P. 1019(i). 9. By failing to attach a copy of the assignment of the debt to the Plaintiff; the Amended Complaint does not comply with an express rule of court, in violation of Pa. R.C.P. 1028(a)(2). See Remit Corporation v Miller 5 Pa. D&C 5th 43 and Capital One Bank v. Clevenstine, 7 Pa. D&C 5th 153. Third Preliminary Objection - Pa. R.C.P. No. 1028(a)(2) Failure to Conform to Law or Rule of Court 10.On October 18, 2011, Defendant filed Preliminary Objections to Plaintiff's Complaint. 11.The Preliminary Objections filed on October 18, 2011, remain outstanding. 12.Plaintiff is unable to amend its Complaint without leave of Court which has not been obtained. 13.Plaintiff failed to attach a Notice to Defend to its Amended Complaint pursuant to Pa. R.C.P. No. 1018.1(a). Fourth Preliminary Objection -Pa. R.C.P. No. 1028(x)(3) Insufficient Specificity in a Pleading 14.The Amended Complaint contains only a general assertion of the amount the Plaintiff claims is owed by the Defendant. It provided no detail as to the date(t) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrual and amounts of interest charges and other fees. 15.Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the abovel detail be included in a Amended Complaint of this type. 16.By not including the requisite detail of the account, the Amended Complaint fails to conform to an express rule of Court. Fifth Preliminary Objection - Pa. R.G.P. No. 1028(a)(4) Demurrer 17.Plaintiff has failed to allege facts sufficient to maintain a cause of action for Breach of Contract. Sixth Preliminary Objection - Pa. R.C.P. 1028(a)(5) Lack of Capacity to Sue 17.Pa. R.C.P. 2002(a) required that an action be brought by the real party in interest. 18.By failing to attach a copy of the necessary writing by which the Plaintiff would become the assignee of the account and thus the real party in interest or an agency agreement, the Plaintiff has failed to conform with the requirements of the aforesaid rule. 19.Plaintiff has not shown standing or capacity to sue Defendant. 20.Since this matter was not brought by the real party in interest it must be dismissed. WHEREFORE, the Defendant respectfully requests that his Preliminary Objections be sustained, and that Plaintiff's Amended Complaint be dismissed with prejudice. ResDe ubmitted, Dater -- ael J. Pykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant Michael J. Pykosh,Esquire ID#58851 Dethlefs-Pykosh Law Group,LLC 2132 Market Street Camp Hill,Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 A#=for Defendant PORTFOLIO RECOVERY : COURT OF C N PLEAS ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff , V. No: 11-7544 DENNIS R. ROSENBERG, CIVIL TERM Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Preliminary i Objections to Plaintiffs Amended Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Portfolio Recovery Associates, LLC c/o Robert N. Polas, Jr., Esquire Carrie Brown, Esquire 140 Corporate Blvd. Norfolk, VA 23502 Resp+e�%tfull Su fitted, Date: lj3 � Mi hael J. Pykosh, Esquire I.D. #58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant FILED-OFFICE Carrie A. Brown, Esquire PA Bar*94055 CF THE PROTHONOTARY Robert N. Polas,Jr, Esquire PA Bar#: 201259 2013 APR I I AM 11: 03 Portfolio Recovery Associates, LLC 120 Corporate Blvd. CUMBERLAND COUNTY Norfolk,VA 23502 PENNSYLVANIA TELE: 1-866-428-4102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES,LLC 140 Corporate Blvd Norfolk,VA 23502 Plaintiff No. 11-7544-CIVIL TERM V. DENNIS R. ROSENBERG Defendant PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, TO WIT, this_day of , 2013, comes the Plaintiff, Portfolio Recovery Associates,LLC,by and through its attorneys, and files the following Response to Preliminary Objections as a statement herein: 1. Admitted 2. Admitted 3. Denied. The allegations contained in Paragraph 3 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Bill of Sale, Load Data, Affidavit of Assignment Application, Copy of Payment and Statements of Account. Plaintiff s Amended Complaint is a written document which speaks for itself. 4. Denied. The allegations contained in Paragraph 4 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of ftu-ther response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A",which contains the,Bill of Sale, Load Data,Affidavit of Assignment Application,Copy of Payment and Statements of Account. Plaintiff s Amended Complaint is a written document which speaks for itself. 5. Denied. The allegations contained in Paragraph 5 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of fin-ther response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A",which contains the, Bill of Sale, Load Data, Affidavit of Assignment Application, Copy of Payment and Statements of Account. Plaintiff's Amended Complaint is a written document which speaks for itself. 6. Denied. The allegations contained in Paragraph 6 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary,same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A",which contains the, Bill of Sale, Load Data,Affidavit of Assignment Application,Copy of Payment and Statements of Account. Plaintiff s Amended Complaint is a written document which speaks for itself. 7. Denied. The allegations contained in Paragraph 7 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Bill of Sale, Load Data, Affidavit of Assignment Application, Copy of Payment and Statements of Account. Plaintiff's Amended Complaint is a written document which speaks for itself. 8. Denied. The allegations contained in Paragraph 8 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Bill of Sale, Load Data, Affidavit of Assignment Application, Copy of Payment and Statements of Account. Plaintiffs Amended Complaint is a written document which speaks for itself. 9. Denied. The allegations contained in Paragraph 9 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Bill of Sale, Load Data, Affidavit of Assignment Application, Copy of Payment and Statements of Account. Plaintiffs Amended Complaint is a written document which speaks for itself. 10. Denied. The allegations contained in Paragraph 10 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A",which contains the, Bill of Sale, Load Data, Affidavit of Assignment Application, Copy of Payment and Statements of Account. Plaintiffs Amended Complaint is a written document which speaks for itself. 11. Denied. The allegations contained in Paragraph 11 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Bill of Sale, Load Data,Affidavit of Assignment Application, Copy of Payment and Statements of Account. Plaintiff s Amended Complaint is a written document which speaks for itself. 12. Denied. The allegations contained in Paragraph 12 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Bill of Sale, Load Data,Affidavit of Assignment Application, Copy of Payment and Statements of Account. Plaintiff's Amended Complaint is a written document which speaks for itself. 13. Denied. The allegations contained in Paragraph 13 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Bill of Sale, Load Data, Affidavit of Assignment Application, Copy of Payment and Statements of Account. Plaintiff's Amended Complaint is a written document which speaks for itself. 14. Denied. The allegations contained in Paragraph 14 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Bill of Sale, Load Data,Affidavit of Assignment Application, Copy of Payment and Statements of Account. Plaintiff's Amended Complaint is a written document which speaks for itself. 15. Denied. The allegations contained in Paragraph 15 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Bill of Sale, Load Data,Affidavit of Assignment Application, Copy of Payment and Statements of Account. Plaintiff's Amended Complaint is a written document which speaks for itself. 16. Denied. The allegations contained in Paragraph 16 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Bill of Sale, Load Data, Affidavit of Assignment Application, Copy of Payment and Statements of Account. Plaintiff's Amended Complaint is a written document which speaks for itself. 17. Denied. The allegations contained in Paragraph 17 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Bill of Sale, Load Data, Affidavit of Assignment Application, Copy of Payment and Statements of Account. Plaintiff's Amended Complaint is a written document which speaks for itself. 18. Denied. The allegations contained in Paragraph 18 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Bill of Sale, Load Data, Affidavit of Assignment Application, Copy of Payment and Statements of Account. Plaintiff's Amended Complaint is a written document which speaks for itself. 19. Denied. The allegations contained in Paragraph 19 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Bill of Sale, Load Data, Affidavit of Assignment Application, Copy of Payment and Statements of Account. Plaintiff's Amended Complaint is a written document which speaks for itself. 20. Denied. The allegations contained in Paragraph 20 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the,Bill of Sale, Load Data, Affidavit of Assignment Application, Copy of Payment and Statements of Account. Plaintiff's Amended Complaint is a written document which speaks for itself. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's Preliminary Objections with prejudice, and deny the relief requested therein. Respectfully submitted, Carrie A. Brown,tsquire#94055 Robert N. Polas Jr.,Esquire#201259 / Attorneys for Plaintiff VERIFICATION The undersigned hereby states that he/she is the attorney for the Plaintiff, Portfolio Recovery Associates, LLC, who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, 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 Response to Preliminary Objections 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: By: Carrie A. Brown,Esquire#94055 Robert N. Polas Jr., Esquire#201259 Carrie A. Brown, Esquire PA Bar#:94055 Robert N. Polas, Jr, Esquire PA Bar#: 201259 Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk,VA 23502 TELE: 14866-4284102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES,LLC 140 Corporate Blvd Norfolk,VA 23502 Plaintiff No. 11-7544-CIVIL TERM V. DENNIS R. ROSENBERG Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing Response to Preliminary Objections was served upon the Counsel for Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of , 2013,to: Michael J. Pykosh,Esq 2132 Market Street Camp Hill, PA 17011 Respectfully Submitted, By: Carrie A. Brown,Esquire#94055 1 Robert N. Polas Jr.,Esquire#201259 C A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,'PA CIVIL ACTION - LAW PORTFOLIO CORPORATE BLVD ASSOCIATES, LLC : ie 0 �� NORFOLK, VPlaintOf ,14�` VS V. NO. 11-7544 DENNIS R ROSENBERG 1801 HUNTER DR MECHANICSBURG PA 17050 Defendant PRAECIPE FOR ARGUMENT TO THE PROTHONOTARY OF SAID COURT: Kindly place this case on the next argument list. This case is to be tried by and notices sent to the following: (List names, addresses, telephone numbers, facsimile numbers and email addresses) MICHAEL J PYKOSH Carrie A. Brown, Esquire, # 94055 2132 MARKET ST Robert N. Polas, Jr., Esquire, #201259 CAMP HILL, PA 17011 Mark R. Garvey, Esquire, #312686 (T) 7179759446 Portfolio Recovery Associates, LLC (F) 7179752309 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plainti Estimated Time for Hearing: 15 minutes Date: Carrie A. Brown, Esquire, #94055 Robert N. Polas, Jr., Esquire, #201259 Mark R. Garvey, Esquire, #312686 Attorneys for Plaintiff 10-93001 Maw C �Y34f y This communication is from a debt collector and is an attempt to collect a de t. OR- Any information obtained will be used for that purpose. 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. NO. 11-7544 DENNIS R ROSENBERG 1801 HUNTER DR MECHANICSBURG PA 17050 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe for Argument upon MICHAEL J PYKOSH,by First Class Mail, Postage Pre-Paid, a copy thereof on this day of , 201y,to: MICHAEL J PYKOSH 2132 MARKET ST CAMP HILL, PA 170 Date: Carrie A. Brown, Esquire, #94055 Robert N. Polas, Jr., Esquire, #201259 Mark R. Garvey, Esquire, #312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 10-93001 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Portfolio Recovery Associates, LLC vs. Dennis R. Rosenberg GA AA- 11 -7544 • 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrers - complaint, etc.): Defendant's Preliminary Objections to Amended Complaint riled March 15, 2013 2. Identify all counsel who will argue cases: (a) for plaintiffs: Robert Polas, ESQ. 120 Corporate Blvd. Norfolk VA 23502 (Name and Address) Michael J. Pykosh, ESQ. 2132 Market St. Camp Hill PA 17011 (b) for defendants: (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: April 4, 2014 Date: MAR 112014 Signet e) er:r Print ybOJname I Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Si4.7s ?LaI - CK�yYLyg3 ,3aa97y PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff VS. DENNIS R. ROSENBERG, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO. 11-7544 IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS, P.J., AND MASLAND, J. ORDER -‹ AND NOW, this itot day of April, 2014, following argument thereon, the Preliminary Objections of the defendant are OVERRULED and DISMISSED. BY THE COURT, Carrie A. Brown, Esquire Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23402 For the Plaintiff hichael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 For the Defendant :rim Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 mpvkosh cni.dolglaw.com OF THE PROTHONOTARY 1O111 MAY -5 AM 8 3 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendant PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff v. DENNIS R. ROSENBERG, Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA • • • • No: 11-7544 • • CIVIL TERM NOTICE TO PLEAD To: Portfolio Recovery Associates, LLC do Robert N. Polas, Jr., Esquire 120 Corporate Blvd. Norfolk, VA 23502 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Michael J. kosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendant Michael J. Pykosh, Esquire ID#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 mpykoshdplglaw.com Attorney for Defendant PORTFOLIO RECOVERY : COURT OF COMMON PLEAS ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. DENNIS R. ROSENBERG, Defendant • • • No: 11-7544 • • CIVIL TERM DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes the Defendant, Dennis R. Rosenberg, by and through his Attorney, Michael J. Pykosh, of the Dethlefs-Pykosh Law Group, who responds to Plaintiffs Amended Complaint as follows: 1. Denied. After reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 1 of Plaintiff's Amended Complaint. 2. Admitted. 3. Admitted in part and Denied in part. It is Admitted that the Defendant had a credit card with HSBC Nevada, N.A. / Best Buy. After reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the remaining averments set forth in Paragraph 3 of Plaintiff's Amended Complaint. By way of further answer, Defendant did not retain copies of the application, original credit card agreement, agreements, and / or account statements and is unable to determine if Exhibit "A" of the Plaintiff's Amended Complaint contains a true and correct copy of the application. By way of further answer whether Defendant is indebted and indicated constitutes a conclusion of law to which a response is not required and therefore the same is denied. 4. Denied. The averments as set forth in Paragraph 4 contain conclusions of law to which no response is required. 5. Admitted in part and Denied in part. It is Admitted that the Defendant used a credit card issued by HSBC Nevada, N.A. / Best Buy and used the account for the purchase of products, good and/or for obtaining services. After reasonable investigation, Defendant is without sufficient knowledge as to determine whether or not Defendant used said account at all relevant times material hereto for the purchase of products, goods and / or for obtaining services. By way of further answer, Defendant did not retain copies of the application, original credit card agreement, agreements, and / or account statements and is unable to determine if Exhibit "A" of the Plaintiffs Amended Complaint contains true and correct copies of the account statements. 6. Denied. After reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 6 of Plaintiff's Amended Complaint. Plaintiff avers in Paragraph 6 that it has attached the account statements. All of the account statements were not attached. By way of further answer, Defendant did not retain copies of the application, original credit card agreement, agreements, and / or account statements and is unable to determine if Exhibit "A" of the Plaintiff's Amended Complaint contains true and correct copies of the account statements. 7. Denied. The averments as set forth in Paragraph 7 contain conclusions of law to which no response is required. By the way of further answer and after reasonable investigation, Defendant is without sufficient knowledge as to whether the last payment made on the account was December 30, 2009. 8. Denied. After reasonable investigation, Defendant is without sufficient knowledge as to the truth or veracity of the averments set forth in Paragraph 8 of Plaintiff's Amended Complaint. Said information being in the possession of Plaintiff if it exists. 9. Denied. The averments as set forth in Paragraph 9 contain conclusions of law to which no response is required. 10. Denied. The averments as set forth in Paragraph 10 contain conclusions of law to which no response is required. 11. Admitted. COUNT I — BREACH OF CONTRACT 12. The answers to the averments of Plaintiff's Amended Complaint contained in Paragraphs 1-11 herein are incorporated herein by reference thereto as though herein set forth at length. 13.,Denied. T.he.averments;as set forth in Paragraph 13 contain conclusions of law to which no.;response is required. • 14. Denied. The averments.as set_forth in Paragraph114 contain conclusions of law •to which,no response is required.,_, , 15. Denied. The,averments as set -forth in Paragraph 15;.contain,conclusions of law to,which no. response is required. WHEREFORE, the Defendant, Dennis R. Rosenberg, respectfully request judgment in his favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just and to dismiss Plaintiff's A .mended Complaint with Prejudice. , COUNT 2 - ACCOUNT STATED (In .the alternative to Counts 1 and .3) 16. The answers to the ,averments of, Plaintiffs Amended Complaint contained in Paragraphs 1-15 ;hereinare incorporated herein} by,.reference,thereto as though herein set forth at•length.� ` v 17.Admittedlin partand,Denied in part. It is Admitted that the Defendant used the credit ,card [to charge various items to the account. It is.Den,iedthat the assignor kept accurate records of.all debits and credits to the account for the billing period. Plaintiff did.. not attach all, account. statements to their Amended Complaint: By way of further Yanswer and after reasonable investigation, Defendant is without sufficient ?knowledge as to determine •whetheri or, not ,assignor. kept accurate records of all debits and credits. Plaintiff also denies that he never made . . payments on the account. 18.Admitted in part and Denied in part. It is Admitted that Defendant had made payments on the account. After reasonable investigation, Defendant is without WHEREFORE, the Defendant, Dennis R. Rosenberg„ respectfully request judgment in his favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just and to dismiss Plaintiff's Amended Complaint with Prejudice. DEFENDANT'S NEW MATTER The Defendant, Dennis R. Rosenberg, sets forth the following New Matter: 26. The answers to the averments of Plaintiff's Amended Complaint contained in Paragraphs 1-25 herein are incorporated herein by reference thereto as though herein set forth at length. 27. The claims made by Plaintiff are barred by the applicable Statute of Limitations. 28. The claims made by Plaintiff are barred by the Doctrine of Accord and Satisfaction. 29. Plaintiff's actions may be barred by the Doctrine of Estoppel. 30. Plaintiff's actions may be barred by the Doctrine of Unclean Hands. 31. Plaintiff does not have privity of contract with Defendant. 32. Plaintiff lacks standing to sue Defendant. 33. Count 2 of Plaintiff's Amended Complaint, which is based on an Account Stated cause of action is not a permitted cause of action in credit card cases. See CitiBank (South Dakota), N.A. v Ross, 2010-5668 (Cumb Cty, 2010) (Masland J). 34. Count 3 of Plaintiffs Complaint, which is based on an Unjust Enrichment cause of action is not a permitted. See Wilson Area School Dist. v. Skepton, 586 Pa. 513, 521, 895 A.2d 1250, 1254 (2006). WHEREFORE, the Defendant, Dennis R. Rosenberg, respectfully request judgment in his favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just and to dismiss Plaintiff's Amended Complaint with Prejudice. Respectfully Submitted, Dated: 6/2 6 ) / By: Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendant VERIFICATION I, Dennis:R. Rosenberg, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: L Z- 264 Dennis R. Rosenberg Michael J. Pykosh, Esquire ID#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 mpvkosh a( ..dplglaw.com PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff v. s DENNIS R. ROSENBERG, Defendant Attorney for Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 11-7544 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing DEFENDANT'S ANSWER and NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT, was hereby served by depositing the same withinFl the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Portfolio Recovery Associates, LLC c/o Robert N. Polas, Jr., Esquire 120 Corporate Blvd. Norfolk, VA 23502 c Respectfully Submitted, Dated:5) ..) I B Mic ae J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Defendant Robert N. Polas, Jr, Esquire PA Bar #: 201259 Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-4102 FAX: 757-518-0860 Attorneys for Plaintiff Or F!ONO 20ili JUL Cup 24110:Ja PENRLACOON 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. DENNIS R. ROSENBERG Defendant . No. 11-7544 REPLY TO NEW MATTER AND NOW, this day of , 2014, comes the Plaintiff, Portfolio Recovery Associates, LLC, by and through its attorneys, and files the within Reply to New Matter and in support avers as follows: The allegations and averments contained within paragraphs 1 through 20 of Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 26. The allegations contained in Paragraph 26 of Defendant's New Matter are an incorporation paragraph to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 27. The allegations contained in Paragraph 27 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, the complaint clearly says that the last payment date on this account occurred on December 30, 2009. This account has been filed within the applicable statute of limitations. 28. The allegations contained in Paragraph 28 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 29. The allegations contained in Paragraph 29 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 30. The allegations contained in Paragraph 30 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 31. The allegations contained in Paragraph 31 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 32. The allegations contained in Paragraph 32of Defendant's New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 33. The allegations contained in Paragraph 33 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 34. The allegations contained in Paragraph 34 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss Defendant's New Matter, and enter judgment in favor of Plaintiff and against Defendant, along with the allowable costs of this action and such further relief as is appropriate. Respec submitted Rob rt N. Polas Jr., Esquire #201259 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. 11-7544 v. DENNIS R. ROSENBERG Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Reply to New Matter upon Counsel for Defendant, by First Class Mail, Postage Pre -Paid, a copy thereof on this day of , 2014, to: I1-) Michael J. Pykosh, Esq 2132 Market Street Camphill, Pennsylvania 17011 Robert N. Polas Jr., Esquire #201259 Attorneys for Plaintiff VERIFICATION The undersigned hereby states that he is the attorney for the Plaintiff, Portfolio Recovery Associates, LLC, who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, he is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Reply to New Matter are true and correct to the best of his 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. Robert N. Polas Jr., Esquire • 201259 Attorneys for Plaintiff Mark R. Garvey, Esquire PA Bar #312686 Carrie A. Brown, Esquire PA Bar #:94055 Robert N. Polas, Jr, Esquire PA Bar #:201259 Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-4102 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. 11-7544 v. DENNIS R. ROSENBERG Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Petition for Appointment of Arbitrators upon Counsel for defendant, by First Class Mail, Postage Pre -Paid, a copy thereof on this day of Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 , to: OCT 1 4 2014 NOV 262014 By: Mar R. Garvey, Esquire #312686 Carrie A. Brown, Esquire #94055 Robert N. Polas Jr., Esquire #201259 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Portfolio Recovery Associates, LLC: Plaintiff NO. 11-7544 CIVIL TERM VS f -GG RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the .4-- ; U c• following form:' -57 Dennis R. Rosenberg Defendant THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert N. Poles, Jr., Esquire , counsel for th plaintiff/efendant in the above action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 7,935.67 The counterclaim of the defendant in the action is there is no counterclaim filed at this time The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: ,.. ^, WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators0t whom the case shall be submitted. rn co au ("r1 -1-1 Nr-- �� .1 . CI7 T CD -n c)2--_ ctfully subm. ORDER OF COURT AND NOW, ;i �iiL`'A petition, _Ai_ ' 4; -761.4412 , 20/11 , in consideration of the foregoing Esq., and Esq., and Esq., are appoi ed ar.itrators in the above captioned action (or actions) as prayed for. a Po bs. Cop;es jvta .%ed ctitti sa? ,s04 Coin )39y6( r21=t 3)(1v33