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Home My WebLink About12-4674Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. 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 140 Corporate Blvd. Norfolk, VA 23502 ASSOCIATES, LLC `''?L t"r4 No. -7 y Lcv?' I t`j ra c<- rT -r Vl e c V. Plaintiff DENNIS 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 d( (717) 249-3166 $ (Q 3. 7 Pennsylvania Lawyer Referral Service (800) 692-7375 Gk? JSJ-7Y3 X44-- ?- 7$ Y?l 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 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 pu.ede 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 l,laiw c011irrrunication is iirom xa dcht collco.or and is are anciTipt to collect a dQ11t. Any in orination obtal.ned will be used t(,)r d at 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 ROSENBERG 1801 HUNTER DR MECHANICSBURG PA 17050 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. Defendant DENNIS ROSENBERG, is an adult individual with last known address of 1801 HUNTER DR, MECHANICSBURG PA 17050. It is averred that Defendant was indebted to CHASE BANK USA N.A.1 HERITAGE BANK ONE on November 23, 2005 with account number ************3429 (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. Hiss communication is From a cleft collector and is an attempt to Collect a debt. Any into+rrnation oblAMCd Will he LISCd l?0r iltat PLIF OSC. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. 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 13, 2009. Plaintiff is the purchaser, assignee and/or successor in interest CHASE BANK USA N.A. / HERITAGE ' :SANK ONE 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 $9,515.87. 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 ROSENBERG, in the amount of $9,515.87, other relief as the Court deems just and reasonable costs of this action and any Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 12-20652 Flits communication is t om a debt collector and is an attempt to collect a tlcbt. : ATIV in?Iot xiGiti?? i t?bUtilMl Will be LISW ii ).r iliac, hLirposc. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Anita Bray 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 unswom falsification to authorities. Date : JUN 2 8 2012 t _ By: ni a ray Custodian of Records 12-20652 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 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************3429 DENNIS ROSENBERG Account Holder: DENNIS ROSENBERG 1801 HUNTER DR MECHANICSBURG PA 17050 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase: Purchase Date: Product Code: VISA CHASE BANK USA N.A. / HERITAGE BANK ONE Portfolio Recovery Associates, LLC ************3429 November 23, 2005 December 13, 2009 July 30, 2010 $9,515.87 February 16, 2011 Balance at Charge-Off: $9,515.87 Less Payments: $.00 Balance Due: $9,515.87 12-20652 CHSK36 This communication is from a 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. 1, the undersigned, Anita Bray , 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 CHASE BANK USA N.A. / HERITAGE BANK ONE ("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 16, 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 ROSENBERG ("Debtor") to the Account Seller the sum of $9,515.87 with the respect to account number (************3429), as of July 30, 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 $9,515.87 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC By: Anita ay , Custodian'o cords A%F Subscribed and sworn to before me on dU$f , 2012 Wul I& _ Dionfle F. L.a o? Cot-, imon v a !1i 'sr rginia Notary Public ao Corn 75'2855 12-20652 13„'05 [ITS c ?rz?? tai :tttic>i? IS firo n a debt collector and is aii attempt to collect a debt. fiv Mt6rmation obtained will be used for that purpose. CHASE O BILL OF SALE Chase Bank USA, N.A. ("Seller"), for value received and pursuant to the terms and conditions of Credit Card Account Purchase Agreement dated December 10, 2010 between Seller and Portfolio Recovery Associates, LLC ("Purchaser"), its successors and assigns ("Credit Card Account Purchase Agreement"), hereby assigns effective as of the File Creation Date of February 11, 2011 all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described in Exhibit 1 attached hereto and made part hereof for all purposes. Amounts due to Seller by Purchaser in hereunder shall be paid U.S. Dollars by a wire transfer to be received by Seller no later than February 16, 2011 by 2:00 p.m. Seller's time, as follows: Chase Bank USA, N.A. Beneflclarv Name: Chase Bank USA, N.A. This Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase Agreement to which this is an Exhibit. No other representation of or warranty of title or enforceability is expressed or implied. Chase Bank USA, N.A. By: Date: February 11. 2011 Title Authorized Si agn t21y Portfolio Recove oci es, L.L.C By: Date: 2 ?1 ?l Title Ay 41 gz, 0 6dl c,., CF4V5 K3(p ozV...pn!"1•.v^ _ .-.,"?'2^_ c35`. 1pa A^'__ M?Tpt'Jm v?y.^`.,.. -- . ?'?" -1 --- 08119110 59,515 37 1 51,756 00 a2 !°,t .87 4F U N I T E D .__._ ____ __.__.. Account number 3429 III Mileage Plus' + Make your check payable to: c l; Chase Card Services. W please msite amount encored ?_.?._._ ..?. New address ore-,nafl-, Print on back- 429 08484 BEX Z 20310C Ill rllll'1ll/rll llflll'Iplllll ll rllllllf ll ?ll rI1I I11IlI IIIIII EST OF DENNIS R ROSENBERG 1801 HUNTER DR CARDMEMBER SERVICE MECHANICSBURG PA 17050-1606 PO BOX 15153 WILMINGTON DE 19886-5153 ?url?lnrl??nnll?tllnun?ltl?ul?un??u??unul?n??r? 429¦ ,UNITED -- Manage your account online: Additional contact information Mileage Plus* _rhv..chase. com/united conveniently located on reverse side ACCOUNT SUMMARY Account Number: 3429 Previous Balance $9,246.11 Fees Charged +$39.00 Interest Charged +$230.76 New Balance $9,515.87 Opening/Closing Date 06/23/10 - 07/22/10 Credit Access Line $8,900 Available Credit $0 Cash Access Line $1,760 Available for Cash $0 PAYMENT INFORMATION New Balance $9,515.87 Payment Due Date 08/19/10 Minimum Payment Due $364.00 Balance Over Credit Access Line $615.87 Past Due Amount $1,756.00 Total Minimum Payment Due $2,735.87 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay up to a $39.00 late fee and your APRs will be subject to increase to a maximum Penalty APR of 29.99%. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no You will pay off the And you will end up additional charges balance shown an paying an estimated using this card and this statement in total of... each month you about... pay... Only the minimum 34 years $32,844 payment $406 3 years $14,610 (Savings=$18,234) If you would like information about credit counseling services, call 1-866-797-2885. The outstanding balance on your credit card account is scheduled to be written off as a bad debt shortly. As a result, your credit bureau will be updated with a negative rating that could last for up to seven years. We can still help, but you need to call us now at 1.888-792-7547 (collect 1-302-594-8200). This account is dosed and not available for new transactions. If there is a balance please continue to make payments by the due date. MILEAGE PLUS MILES EARNED Miles earned this statement from purchases 0 Thank you for choosing the United Mileage Plus Total miles transferred to United 0 Visa! Please visit www.united.conVchase to see all of your redemption options! 1-800-421-4655 (Mileage Plus) 1-800-241-6522(Reservations) Your United Mileage Plus Visa allows you to earn unlimited miles for your everyday spend! You earn 1 mile for every $1 you spend on purchases. Add authorized users, and sign up to have your monthly bills charged to your card- why not get miles for all those purchases too? ACCOUNT ACTIVITY Date of Transaction Merchant Name or Transaction Description $ Amount 10111011011100110MMEMM 1 A AWAS IN 07/19 . 1 DATE FEE 39.00 TOTAL FEES FOR THIS PERIOD $39.00 ?qt 07/22 PURCHASE INTEREST CHARGE 230.76 TOTAL INTEREST FOR THIS PERIOD $230.76 This Statement is a Facsimile - Not an original 0000001 FIS33334 C 2 000 N Z 22 10/07122 Pe9. 1 of 2 05050 MA MA 08484 20310000020000048401 X 0109 Address Change Request Please provide information below only it' the address information on front is incorrect. Street Address: -- City: State: Home Phone: --------------- -- Zip: ----- ---- --- --- - - - - Work Phone: --- E-mail Address: To service and manage any of your account(s), we, our representatives, JPMorgan Chase representatives, and/or affiliates, may contact you at any telephone number you provide to us. Please refer to your Cardmember Agreement for additional details about the use of your personal information L and/or visit our website shown below to provide us with additional contact information. To contact us regarding your account: ® In Telephone: ' `...... - In U. 1-800-537-7783 Espanol 1-8-3308 TDD 1-80000--955955-8060 Send inquiries to: Mall Payments to: Visit Our Website: Pay by phone 1-800436-7958 P.O. Box 15298 P.O. Box 15153 www.ch..a_ee comyun ted Outside U.S. call collect Wilmington, DE 19850-5298 Wilmington, DE 19886-5153 1-847-888-6600 Information About Your Account Criminal of Parini YOU may make payments, by am Of the cal lOns listed below The amount of your payment S.hmd 0 as at least your minimum payl6M due, payable In U.S. del am and drawn cr payable thrcugh a U.S. financial trial Judah o, the O.fi. cril CIA foreign f Neutral itiSittnion. YO) may make Payee is by reg-er U.S. mail. send y^ur payment to [h¢ Payments address shown an this valement your paymanis by mail mLSI Comply wlh'he instructions on tills siatermint Da not ourdi cash. Wrile your Account number on vour check or money order. Paymems most beat^Ompanmd by the payment coupon in the envelope provided with Our address visible thmuph lye covel,p r window, the envelope cannot contain mom than One payment or Coupon; and INN can b! no Sta Mes, paper -.apps, tape or Carfesaandreme Included with yrin payment It year payment is Ir accordance will our payment'iSVurhoPs ar,d is made N liable to us ..n any day fry 5:00 p, m. I" time at our Payments address an this s'lalerill ue wail -.:edit ire payment to your Account as of tNt day. if your payment. le in accar a cola with our payment Inevurtans, but is marls ateril . Islas offers 00 p.m. local title al the Payments address an this shim nd. we isle credit it !c your Account as of me Ill calendar day. you may make aaymen7seledromcat'ythreigh earwebsheshowm on thisstatemeat. I' we mail your computed rrgce=tan CurwereShe I l p M. Eastern Time, va yd!I c'etl'I your payment as of that Coy. if wo meaty- YOU, mcaeat alto, 5 p.m. Fastem Time, we rvi'.I credit your payment as of the marl ca real day. f you specify a Tatum Ill in your request wes will creme you• payment as of qLA day for all of-S r payments, or for any payment type above 10, 11 you do nor -oil a* obr payment inshucduns. crediting di your Payments may oh. delayed for up to 5 days. Account Information Reported to Credit 8ureaua We Ire, report Information about your Account to credit boo.. Lot Paymoril missal payments or other defaults On your Account may as repected in your creel report food Think we have rationed ioaOCu@te infor Tia'im t0 a Credit bureau, you may wets, in u5 al fN'. nouines adtlr856 shown on this statefrert To Service end Manage Any Of Yeur Ac...N k we. our reems;ntalNes, JPMorgan Chase mpresen•W vas, wrdhx affiliates, may contact you at any !2ruphme nUmmr y.: Aral to us. Please refer to Your Caufneruber Abeam l for adoitional details about the use or year personal informodon. Notice About Electronic Chalk Coevanion: When you pay by uhel you authodm us either it, use Inbrmadon tram your cheek to make a one-TIM e'lectron:c turd nanstef fill your account or 10 IN"Ass fN Payal as a check transaction. Wren Via use infonnat'Oa from year crack to make ar sal c fund lrarsM, funds may be withNawr from your account as soon as the same day we ,idw omerht. and you will not 'Mill your meek back hone your finarc l inshifYulionur . paYCall the Cus!amar Service number on this satemert if you have districts about electronic check collection of do not want your payments collechid:electr.lieally. Conditional Payments: Any payment check or oll form-. at payment: that you send as for less [ban Ire lull Mottle due Thal is marked-pad in lull, rat e la as a Al mnotation, or mat you otherwise lame, in tail salisfall of a disauted amount. mind he sent to Card services, ton. Box 15459 Wilmington. DE 19850-5049. We reserve all oar rights regarding three payments has . If i a determined there is no veld dispute or I ary such check 6 recoal at any Other address.. we may accept the deck arm you wait bull owe any remaining balaneel. We may refuse to accept any sj.h payment by notarial IT to you, mat lashing it or destral i1. All Orion far,menn mat you make should be sea! 10 fN regular Payment address shown on th is stlarii. Annual lienewel NStee: It year A.:Na t Agna l Ihas an amruat mumboreNt, fee andlor simian dnarge IN—.- nr a.;IaO" of youraccount. IT, will be milled each year arm na flay or quarterly insali.nrenn This fee andlor charge are owed inferrer a' Iwl YOU ate your Account. I you agree to pay there when bileu. The annual fee and charge a-e non-refundable aness you rally us hat you wisb to close yep, awouni Vdmn 30 days Or One NJ 1119 CyC a iwhi¢hevar is less) after we provide die statemem on which rile annual fee or charge is billed and at the same Gina, you pay your outstanding balaece m fall. P YOU do titl fax a charge billed more site, Rae annually such As a monthly service charge. YOU wad Net son, the last billed cia.•ge; le"a y' an or billed Charges are re n-retundal and must be paid as part of paying Your outatenaling haannce ?n full. Your payment of tnamoral fee or charge dons not 21hetl nor ridrls to -.lees your Accnnrt lent to omit yau:• right ro nuke tmnsaesbre do y'.n Ac-)um. If rou' ACCnUnt is, Stool 5y yon. us, we veN cortnde Io impose the annual rise ardvor charge until you pay your cafsanding balance a lull and Terminate your Account relarionship. Calculation o1 Balance Beblad 10 lateral Rata: io hgnre your periodic interest charges I. each billing cycle when a dally Periodic aare(s; applies, we use Ire dairy ka!ance method (including rvnent [raknadlorus). TO fig_ your periodic interest chargas to' earn billing cyckf when a monthly periodic rate(s) applies, Us use le average. daily balance method gmctetlmg Camara t@ksaCSll nor an explanation of anise method, 0' Ouemare about a particular interest charge caleulaton on your retam,nt please Call us at the 1011 has custohe-er Service phone number listed above. VYV caloulate periodic Inif-eii changt using ire epplat Ae Parodic rates sNwn on Ih.s statement, Separately to, all -Uature fag_ Oehoo, transfer checks Aral east) advance -.becks (`check tanwcfico'), pu la,au, balance ha:rslers, lush adv-aces, pramationai Warren or nverdraif advances) . -Tvm alsolimns may culttne different I:aiagones svllh as same Cariddlc rates. Variable let's will Vary, with the market based on the Prime Rate for such index described in Vow Account Agreemill. There is a minimum interest charge 0:•$1.50 tor Smn aide Lm d86Crined in your Account Agreement) kn any filing cycle in which Vol awe any periodic interest CNrges. And a Transaction ale far el aw'ante tramsrul cash A mfe, or check larisacfiml, in Ice atrounls stated in your Account Ag-mani as !i :nay be amended TImre in o fmaign hansadian lee of 1% of the 114. dollar Aa,rmnm of any foreign Iransannon IN such "ounl described in you Account Aprourri. How to Avoid Paying !Merest on Purchases; We begin assessing periodic maresl charges on a transaction, In, or rnterast charge front the dots it is added to your dairy bAa ll a until your Account is paid in full. AS descdoed in your Account Agrel Your due data will be It rninrnum of 21 days mllewdug the 1_ of-h billing Cycle. You ran avoid Parodic interest charges on rel postal when they are rim billed to a satearent as described below, but this does mot apply to balance Ira stem, cash advances Now draft advances it you rpcNw a current monthly statement Thad itdutle6 rew purchases and make a payment that we receive by the tla:e and filter the Minimum Payment Is due for that statement, you will not charge periodic interest on any POrimn 01 those new purchases that we, alkr.*,, such payroll id. s0 long as 1) your current slatemard also slaws full we received paymend of the anding balarre for your provimis month's statement by the care and tittle its Minimum Pay+l was duo OR 21 mat the ending Oalance tar your Normas month's statement was ni II you have a balance ather than a purchase balance ant teat balance urrias a higher periodic mtarrst rant,, you may not be ante to avoid Periodic interest charges on new purchases it you do not pay your balance in full salt merth, because we generally alm.fe paynumis firs[ ra the balance with the nigher[ arndic -forest rate. What TO DO If You think year Find A Mistake On Year Stafemeet i you Think there is an error on your statement, write to us cr a sepa@le Sheet al Customer Service. P.O. Box 15299 Wilnufa n OF 19650-5293 '.n yOl.: later give us the followlnp information: • ACr0Un1 Ir`Ormaril YOU' name and Amount numhan. • Dnlar amnurt.'I,^. !Orion amnun: of the sO,peC.,,d snarl • DOMINION of PrO'Jlam' 11 you think meta is an emw on Your To if, describe what you believe is wrong one why You, believe it to a mtsaka. You must -)-fact us w.lhiv 60 days its, tha error appaared on your shamert You must III us of any poll crnre in muntia You MY call 0. tan d, you do we are net required to irw,dipate any potential errors and you may have to ply the amount In ojestion. While, we I,Yrrolgale whether. It there 116 heed an arl the, imld,i 0". true • We Ni try to collect the AnI In OU,etkm, of tonal as adhal on thatilli • Tha drugs, iii cumuli., may remain or. your salerm:ol, and we may ucr8nuc lO charge- you :merest on that arm all But, f we a-tromine that we made A mistake, you yvih not have to pay it, amount in question ar any Inie,est or Stier fees related to that amount. • WMIe You do not have to pay the amount in postlon, you are responsible hr the remainder Of your balance. • We Can apply any unpa!it award against your credit lilt. Your RI9Ma If You An Dhcefialisd With Your Credit Card Ifforchaturs It you are dlsuallerled wlm the goods or services That you have pilfarsed'who your credit card, and you lave tried in good faith to correct the problem with tNnarghan!. you may have the rlgnt not to pay to monahing amount due on due oumhl to use this, lil 1. all 01 me tonal must he true: 1 The purchase must fill. Nan made in yule homn state ar wnhin 100 mule a' Your cl,funt nailing address, and :N purchase prim Ml a" been more than Sul (Note : Neither Of meal, are deccil if your purchase was based on an adVaftil aril we mailed to you: or it we own IN COMMry teal sold you the goods or rerymi ly 2 YOU must nave used yaur oldie card for the pumhasa. Patches- made v.?ith cash advances from an ATM or with a check thar accesses Yen' credit card Actual it. not qualify. 3. You must not yet hays ic'.ly paid tar tee purchase It all of Ire chief a -hove are mot end YOU am Sim dasmisfatl with coo purcraue. -.lead Us in writing at Customer senli P0. ihz 15799 WimnOption . OF 19850-5299: Write ive Investgift the Sille rules apply to the itspfted amoum as discussed above. After we firish Our inustigahon, we will fell you out decision. At that paint, it we think you we an arnounl amt you do rat Pay we may •op.t you As deilnpuent. MA6292010 Statement Date: 06123/10 - 07/22/10 Account Number: age 429 of 2 /_010 Totals Year-to-Date Total fetes charged in 2010 $234.00 Total interest charged in 2010 ease 19 Year-!o-date totals reflect all charges minus any refunds applied to your account on or after January 31, 2010. INTEREST CHARGES Your Annual Percentage Rate (APR) is the annual inte rest rate on your account. Annual Balance Percentage Rate (APR) Balance Subject To Accrued Type 30 Days In C./cle Interest Rate Interest Charges Interest Ch Purchases 29.99/o vl $9,362.31 $230 76 arges Cash Advances 29.99% (vi $0.00 . $0 00 $0 00 Balance transfer 29.99% (v i $0 00 . $0'00 , . $0.00 $0.00 (v) = Variable Rate Please see information About Your Account section for the Calculation of Balance Subject to Interest Rate, Annual Renewal Notice, How to Avoid Interest on Purchases, and other important information, as applicable. This Statement is a Facsimile - Not an original X 0000001 FIS33334 C 2 000 N Z 22 10107/22 Page 2 of 2 05056 MAMA 08484 20310000020000848402 PORTFOLIO RECOVERY ASSOCIATES, LLC Litigation Department 140 Corporate Boulevard Norfolk, VA 23502 Telephone 1 (866) 428-8102 Fax: (757) 518-0860 Hours of Operation: Monday through Friday 8 AM to 9 PM (EST) COURT OF THE COMMON PLEAS COUNTY OF ERIE WEST STREET 4th FLOOR ERIE PA 16501 Re: Portfolio Recovery Associates. LLC Dear Clerk: I am enclosing original Complaints along with the required number of corresponding copies to be filed in your Court. I have also enclosed checks in the applicable amount to cover your filing/service fee for each defendant.Please return a time stamped copy of the complaint in the envelope provided. Thank you for your kind cooperation, and should you have any questions please do not hesitate to contact me. Sincerely, Litigation Department Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 PH: 888-772-7326 ext. 11963 Enclosures *May apply for this filing. This communication is from a debt collector is an attempt to collect a debt. Any information obtained vvill be used for that purpose. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor »r t H PP 4' 12 AUG -3 AM 10- 5 CUMBERLAND COON Y POWY LAMA 014111 ,"I'14-0 Portfolio Recovery Associates, LLC Case Numbei vs. Dennis R. Rosenberg 2012-4674 SHERIFF'S RETURN OF SERVICE 07/30/2012 08:51 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 2012 at 2051 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dennis R. Rosenberg, by making known unto himself personally, at 1801 Hunter Dri Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing him personally the said true and correct copy of the same. RYAN BURGETT, SHERIFF COST: $38.00 August 01, 2012 SO ANSWERS, /?z ? R ANDERSON, SHERIFF lc) CounlySuite Shenff Teleosoft, Irc PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff V. DENNIS ROSENBERG Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANI No: 12-4674 Civil Action - Law NOTICE TO PLEAD To: Robert N. Polas, Jr., Esquire Carrie Brown, Esquire Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Date: ele/ 17 Respectfully Submitted, Michael J. Py cosh, Esquire I. D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant Michael J. Pykosh, Esquire I D # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff V. DENNIS ROSENBERG Defendant MCC x$ G'7 -G > O - r-= C1 x- Attorney for Defe'rVarr : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV No: 12-4674 Civil Action - Law DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Dennis Rosenberg, by and through his 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 Chase Bank USA, N.A. / H Bank One. Comp. ¶ 3. 2. The Complaint was filed on July 26, 2012. First Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule 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 Defendant and an original creditor. 4. Pursuant to Pa. R.C.P. 1019(h), where a claim asserted is based upon an q agreement, the pleading must state whether the agreement is oral or written. 5. The Complaint does not indicate if the agreement was oral or written. 6. Pursuant to Pa. R.C.P. 1019(1), if the agreement is written, it must be to the pleading or, if not, the pleader must explain its absence and set forth substance of the agreement. More specifically, Plaintiff has failed to attach original Loan/Credit Agreement signed and dated, including both original and amended terms and conditions applicable to the credit card agreement. 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 cha 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 woul 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 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 rul 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. 11 and 8. Since the Plaintiff's right to maintain an action as assignee is predicted upon written assignment or agency agreement, that writing must be attached to the Complaint, pursuant to Pa. R.C.P. 1019(1). 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. WHEREFORE, the Defendant respectfully requests that his Preliminary Objections be sustained, and that Plaintiff's Complaint be dismissed with prejudice. Date: Respee#L IIy,SubMiffed, 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 PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff V. DENNIS ROSENBERG Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANI No: 12-4674 Civil Action - Law CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant, Dennis Rosenberg'o, Preliminary Objections to Plaintiffs Complaint, was hereby served by depositing tlje same within the custody of the United States Postal Service, First Class, prepaid, addressed as follows: Robert N. Polas, Jr., Esquire Carrie Brown, Esquire Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 Respectfully Submitted, Date:' 1 ? I 1 -2 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 ~~ ~ 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 ruext ~-=" Argument Court.) ;-, CAPTION OF CASE `--~' ° (entire caption must be stated in full) ~ h.~ ~ ~ _ . ~ ,~, _ PORTFOLIO RECOVERY ASSOCIATES, LLC ~~' u, c-> _~. vs. °~ ~ ~: ~~~ DENNIS ROSENBERG ... w - No. 4674 2012 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): PRELIMINARY OBJECTIONS 2. Identify all counsel who will argue cases: (a) for plaintiffs: ROBERT N. POLAS, JR, ESQ. (Name and Address) 120 CORPORATE BLVD. NORFOLK, VA 23502 (b) for defendants: MICHAEL J. PYKOSH, ESQ. (Name and Address) 2132 MARKET ST. CAMP HILL, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: DECEMBER 21, 2012 Jlg~~-~~ ~fi ;~-~1h_,~ Print your n, ~` ~ ~ , Attorney for Date. 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. aru~ ~1°I,~~ed a~ ~~- a3~s77 ~~ a831v~ PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff V. DENNIS ROSENBERG Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 12-4674 : Civil Action - Law ORDER AND NOW, this _ day of 2012, upon consideration of the Preliminary Objections filed by the Defendant, Dennis Rosenberg, and execution of the stipulation of counsel, the Defendant's Preliminary Objections are SUSTAINED. Plaintiff's Complaint is hereby DISMISSED without prejudice with the Plaintiff having the right to file an Amended Complaint within thirty-five (35) days of the entry of this Order. If Plaintiff fails to file an Amended Complaint within thirty-five (35) days of the entry of this Order, this action shall be DISMISSED with prejudice and without the need of the issuance of a Rule to show cause. Y T T: J. Distribution Legend: ? Robert N. Polas, Jr., Esquire 140 Corporate Blvd. Norfolk, VA 23502 (866) 428-8102 Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 rj 41)"e:5 /o/ . ?pl ?. i, 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 mpykosh@dplglaw,com Attorney for Defendant PORTFOLIO RECOVERY COURT OF COMMON PLEAS ASSOCIATES, LLC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 12-4674 DENNIS ROSENBERG, Civil Action - Law Defendant JOINT STIPULATION AND NOW, comes the Defendant, Dennis Rosenberg, by and through his attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files this Joint Stipulation entered into by both parties to resolve the Defendant's Preliminary Objections, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by a Predecessor in interest. Comp. ¶ 1 & 3. 2. The Complaint was filed on October 3, 2011. 3. Defendant filed Preliminary Objections on October 18, 2011. 4. The Parties agree to the disposition of the Preliminary Objections in this matter in accordance with the proposed Order, attached hereto. 5. facsimile of signature(s) shall be treated as an original signature(s?, Datee >Ichael lly drn€ c. y sh, sgt ulre L D, # 58851 Dethlefs-Pykosh Law Group, LI-C, 2132 Market Street Camp Hill, Pennsylvania 17011 (171:) 975-9446 Attorney for Defendant l espectully Submitted. r Date, Robert N, Polas, jr., Esquire !.D. 201259 Portfolio Recovery Associates. L, 140 orpora#f. Norfolk, V 2859 (866) 428 8102 Attorney for Plaintiff