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HomeMy WebLinkAbout12-1645Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. #92800 Gregory R. Dye Attorney LD #205316 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 Attorney for Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, vs. SYEDA R ALI 112 OLD MILL DR CAMP HILL PA 17011-8201 Defendant. IN THE COURT OF COMMON PLQK o -v CUMBERLAND COUNTY, PA :z © = -'- CIVIL ACTION c^ ;I 90 t No. 4 c.? -ar; C) C) NOTICE TO DEFEND 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 2657096 PPTCPADI 0?, 65 7-?? 60? C,? ? loGa7/ 12 a ?PVb-7 AVISO 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 (717) 267-2032 Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. #92800 Gregory R. Dye Attorney I.D. #205316 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 Attorney for Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC Plaintiff, VS. SYEDA R ALI 112 OLD MILL DR CAMP HILL PA 17011-8201 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. COMPLAINT Plaintiff PORTFOLIO RECOVERY ASSOCIATES LLC, claims as follows: 1. The Defendant(s), SYEDA R ALI , is a resident of Cumberland County, Pennsylvania. 2. The Defendant(s) obtained extensions of credit with HSBC BANK NEVADA, N.A, (Original Credit Grantor) agreeing to make monthly payments as required by the terms of the account, for purchases charged to the account. 3. The Defendant(s) did make purchases and charged same to the account but failed to make the monthly payments called for on the account. There is a balance due and owing of $3915.27. 4. Plaintiff is the successor in interest of said account having purchased the account in the regular course of business in good faith and value. 5. Plaintiff declared Defendant(s) to be in default and demands payment of the balance. 2657096 PPTCDBCI WHEREFORE, the Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC, prays for judgment in its favor and against Defendant(s), SYEDA R ALI in the amount of $3915.27, plus costs. Respectfully submit d, PORTFOLIO REClRY ASSO ATES LLC One of-its Attorney Daniel Santucci, Attorney No. 92800 Gregory R. Dye Attorney No. #205316 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 (800) 850-1079 Dated: March 6, 2012 VERIFICATION the undersigned attorney for the Plaintiff, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief, based upon information provided by the Plaintiff, that the Plaintiff is presently located outside of this jurisdiction, and that in order to file the within document in an expedient and timely manner I am authorized to sign this verification on behalf of the Plaintiff. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to aui PPTXVERI Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Daniel Santucci, Attorney I.D. #92800 PORTFOLIO RECOVERY ASSOCIATES LLC Gregory R. Dye, Attorney I.D. #205316 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, vs. SYEDA R ALI 112 OLD MILL DR CAMP HILL PA 17011-8201 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: County of Chester: I, Daniel Santucci/Gregory R. Dye, being duly sworn according to law, depose and say I am the attorney for Plaintiff and I am authorzied to make this affidavit on Plaintiff's behalf. I hereby certify that the Defendant is at least 18 years of age and not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Servicemembers' Civil Relief Act of 2004 and any amendments thereto. I also herby certify that the statements made in the foregoing Affidavit of Non-Military Service are true and correct to the best of my information, knowledge, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. BLATT, HASEN & MOORE, LLC, Dated: March 6, 2012 By: Gregory R. Dye ER, LEIRSKER 2657096 PPTJCAMI IN 11111 I III Bonn Exhibit "A" PPTXEXAI ?) Gs-7 G9 6 VERIFICATION (To be used by a gersan associated with the present creditor) I, JaWeDWAJMLAMOft , hereby verify that: 1. 1 am employed by Portfolio Recovery Associates, LLC as Legal Specialist and am authorized to make this Verification on behalf of Portfolio Recovery Associates, LLC. Portfolio Recovery Associates, LLC is the successor in interest to HSBC BANK NEVADA, N.A./METRIS. I reviewed the following [ ](a) computerized documents; [ ](b) hard copy documents; and [x] (c) other (specify)Account Records relating to Account number: ending in 6852. The foregoing Account of Seiler/Merchant was opened on 6/5/2000 in the name of SYEDA R ALI. The accounts/documents that I reviewed were produced by HSBC BANK NEVADA, N.A./METRIS. 3. Based on my review of the foregoing documents, there is due and payable the principal sum of $3,915.27. This sum includes the following (check all that are appropriate): [x] interest; [x] late fees; j ] collection fees; and [x] any other additional fees permitted under the terms of the agreement with the debtor named in paragraph 2 above and HSBC BANK NEVADA, N.A./METRIS. This sum does not include the following (check a]] that are appropriate): [ ] interest; ,[ ] late fees; [x] collection fees; and j ] any other additional fees permitted under the terms of the agreement with the debtor named in paragraph 2 above and HSBC BANK NEVADA, N.A./METRIS. 4. Based on my review of the foregoing documents, there are no payments that have not been credited. 5. The facts set forth in this Verification are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties for making an unsworn falsification to authorities in violation of 18 Pa. C.S. §4904. .30 1.22012 DATE 4E LEGAL SPECIALIST Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. # 92800 Gregory R. Dye Attorney I.D #205316 1835 Market Street, Suite 501 Philadelphia, PA 19103 215-564-1567 Attorney for Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, VS. SYEDA R ALI 112 OLD MILL DR CAMP HILL PA 17011-8201 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 9C)1,9- 1645 Cl' l 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 Dated: March 6, 2012 By: BLATT, HASEN & MOORE, LL¢ Gregory R. Dye ER, L 2657096 PPTXPEAI 111011111111 1111111111111111111111111 IN SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 2 8 PE?NSYLVAHIA Portfolio Recovery Associates, LLC vs. Syeda R. Ali Case Number 2012-1645 SHERIFF'S RETURN OF SERVICE 03/21/2012 02:53 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2012 at 1453 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Syeda R. Ali, by making known unto themselves personally, at 112 Old Mill Drive, Camp Hill Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him/her personally the said true and correct copy of the same. SHERIFF COST: $43.00 March 22, 2012 t - .,?e. 70 TIM B CK, DEPUTY ' SO ANSWERS, RON R ANDERSON, SHERIFF C;- Crn.n'`i Sui to Slw'If T812o=oft l..,,;. PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff V. SYEDA R ALI Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 12-1645 - Civil Term Civil Action - Law NOTICE TO PLEAD - C _ To: Portfolio Recovery Associates, LLC Leibsker & Moore, LLC Hasenmiller c/o Blatt , , Daniel Santucci, Esquire r p ?? Gregory R. Dye, Esquire v d 1835 Market Street, Suite 501 . r? %C- ? Philadelphia, PA 19103 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. Date:--416'11 2- Respectfully Submitted, "/ 1 C2 Michael J. Py osh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 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 movkosh44dnlelaw,com Attorney for Defendant PORTFOLIO RECOVERY : COURT OF COMMON PLEAS ASSOCIATES, LLC : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 12-1645 - Civil Term SYEDA R ALI Civil Action - Law Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Syeda R. Ali, by and through her attorneys Dethlefs- Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files Preliminary Objections to the Plaintiff s 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 Bank Nevada, N.A. Comp. ¶ 2. 2. The Complaint was filed on March 14, 2012. First Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (failure to state whether agreements is oral or written, state its terms, and/or attach written contract upon which the claim is based) 3. The 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. The Complaint does not indicate if the agreement was oral or written. 6. Pursuant to Pa. R.C.P. 1019(i), 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. The 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)(4)- Demurrer 8. The Plaintiff has failed to allege facts sufficient to maintain a cause of action for Breach of Contract. Third Preliminary Objection- Pa. R.C.P. No. 1028(a)(3) 9. The 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(s) 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. 10. Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in a Complaint of this type. 11. By not including the requisite detail of the account, the Complaint fails to conform to an express rule of Court. Fourth Preliminary Objection- Pa. R.C.P. 1028(a)(5) Plaintiff is stranger to Defendant 12. Pa. R.C.P. 2002(a) required that an action be brought by the real party in interest. 13. 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. 14. Plaintiff has not shown standing or capacity to sue Defendant. 15. Since this matter was not brought by the real party in interest it must be dismissed. Fifth Preliminary Objection- Pa.R.C.P. No. 1028(a)(2)-Failure to conform to rule of court (failure to attach written assignments of debt) 16. The Plaintiff is not the original creditor, but rather assignee of the original creditor. Comp. ¶ 1 and 5. Since the Plaintiff's right to maintain an action as an assignee is predicted upon written assignment or agency agreement, that writing must be attached to the Complaint, pursuant to Pa. R.C.P. 1019(i). 17. By failing to attach a copy of the assignment of the debt to the Plaintiff, the 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. Sixth Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (Improper Verification) 18. Pa. R.C.P. 1024 required that every Complaint be verified by a Party, unless the party is without sufficient knowledge or information with which to verify, or, alternatively, that the party is outside the jurisdiction of the court and its verification cannot be obtained within the time allowed for pleading. Pa. R.C.P. 1024(c)(1) and (2). 19. The Complaint is verified by the attorney of record with no mention that the Complaint cannot be verified with in the time allotted for the. WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiffs Complaint be dismissed with prejudice. Date: S? Respectfully S omitted, ichael J. Pykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant PORTFOLIO RECOVERY : COURT OF COMMON PLEAS ASSOCIATES, LLC : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 12-1645 - Civil Term SYEDA R ALI Civil Action - Law Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant, Syeda R. Ali's, Preliminary Objections to Plaintiffs 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 Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci, Esquire Gregory R. Dye, Esquire 1835 Market Street, Suite 501 Philadelphia, PA 19103 Date: Respectfully Submitted, Michael J. Pykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant