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HomeMy WebLinkAbout13-4344 Supreme C. Pennsylvania Cour f Cam n Pleas W , �t ! tfi ©nn a se 4n7y 1 [ L31, S "IA 1%41' CI t ove et�,p i r,,.. ✓mom k xkt 4 CUMB` . 'County.. The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. M r. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition 6 F1 Transfer from Another Jurisdiction ❑Declaration of Taking 1 Lead Plaintiffs Name: Lead Defendant's Name: ' PORTFOLIO RECOVERY ASSOCIATES, LLC ALLYSON HART mm Are money damages requested? ®Yes 13 No Dollar Amount Requested: X within arbitration limits (Check one) outside arbitration limits Is this a Class Action Suit? ❑ Yes ®No Is this an MDJAppeal? ❑ Yes ®No Name of Plaintiff /Appellant's Attorney: Robert N. Polas, Jr./ Carrie Brown/ Mark R. Garvey n ' E] Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) x Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS R "? ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution E:] Board of Assessment v ❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections " ❑ Nuisance ® Debt Collection: Other El Dept. of Transportation a ❑ Premises Liability — — — ❑ Statutory Appeal: Other ❑ Product Liability (does not include — — — mass tort) ❑ Employment Dispute: ❑ Slander /Libel /Defamation Discrimination ❑Zoning Board ❑ Other: ❑ Employment Dispute: Other ❑ Other: ❑ Other: MASS TORT ` ❑ Asbestos ❑ Tobacco F1 Toxic Tort -DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration F1 Toxic Waste E] Eminent Domain /Condemnation E] Declaratory Judgment ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations -- ❑ Mortgage Foreclosure: Residential Restraining Order Al � — - -- ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title E] Other: ❑ Dental ❑ Other: - - - -- ❑ Legal Medical ❑ Other Professional: 13 -58094 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown Esquire PA Bar # 94055 F Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC IA 120 Corporate Blvd + i ,jaw 2 4} �, Norfolk, VA 23502 ,� TELE: 1- 866 - 428 -8102 CU+`1F3ERL,C ND COUNTY FAX: (757) 518 -0860 P ENNSYLVANIA Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD " V / t NORFOLK, VA 23502 No. Plaintiff, V. ALLYSON HART 408 ORCHARD LN MECHANICSBURG PA 17055 Defendant. NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action withing twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by an attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 Pennsylvania Lawyer Referral Service l � I 13 -58094 (800) 692 -7375 0�l 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 Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1- 866 - 428 -8102 FAX: (757) 518 -0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Demandante, No. V. ALLYSON HART 408 ORCHARD LN MECHANICSBURG PA 17055 Demandado. NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar action dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o obejciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA 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 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 13 -58094 Esta comunicacion es de un cobrad.or de deudas y es un intent do cobras urea deuda. Cualquier infronr.acion sera util_izada Para ese proposito. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1- 866 - 428 -8102 FAX: (757) 518 -0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff, No. V. ALLYSON HART 408 ORCHARD LN MECHANICSBURG PA 17055 Defendant. COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 120 Corporate Blvd, Norfolk, VA 23502. 2. Defendant, ALLYSON HART, is an adult individual with last known address of 408 ORCHARD LN, MECHANICSBURG PA 17055. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK/ WAL -MART on December 5, 2010 with account number * * * * * * * * * ** *4802 (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 communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 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 February 14, 2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE CAPITAL RETAIL BANK / WAL -MART and Plaintiff is now the holder of the Account. A true and correct copy of the Plaintiffs verification 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 $710.03. 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, ALLYSON HART, in the amount o 10.03, plus co of this action and any other relief as the Court deems just and reasonable. Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 13 -58094 This communication is from a debt collector and is an attempt to collect a debt. Any .information obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, LarrY J. AndMM 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: ��1N 25 2013 By: Lary J. And rews Custodian of Records 13 -58094 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. X IBIT 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 120 Corporate Blvd Norfolk, VA 23502 Telephone: 1- 866 - 428 -8102 Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** *4802 ALLYSON HART Account Holder: ALLYSON HART 408 ORCHARD LN MECHANICSBURG PA 17055 Consumer Account Product Code: PVT Issuer: GE CAPITAL RETAIL BANK / WAL -MART Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *4802 Date Account Opened: December 5, 2010 Date of Last Payment: February 14, 2012 Date of Charge Off: October 3, 2012 Balance at Purchase: $710.03 Purchase Date: October 22, 2012 Balance at Charge -Off: $710.03 Less Payments: $.00 Balance Due: $710.03 13 -58094 GECQ44 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, WRY J. , Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: 1. 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, 120 Corporate Blvd, Norfolk, VA 23502. 1 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 GE CAPITAL RETAIL BANK / WAL -MART ( "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 October 22, 2012. 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 ALLYSON HART ( "Debtor ") to the Account Seller the sum of $710.03 with the respect to account number ending in * * * * * * * * * ** *4802, as of October 3, 2012 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 $710.03 as due and owing as of the date of this affidavit. 6. Plaintiff believes that the defendant is not a minor or an incompetent individual, and declares that the Defendant is not o ctive military service of the United States. Portfolio ecovery Associates, LL By: J. d��ustodian of Records IJUN x 0 3 Sulibod and sworn to before me on of 5 2013 Notary Public To vai.a , U7,zIe 13 -58094 f� '� OwnrrjomwPAlth W Virginia � , Notnry Public CofTiMief ' w lon No, 302460 2� My Commis Expires 1/31/2017 Tbis cor1:111 is from. a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. GE Capital BILL of SALE PRA PLCC Fresh — October 2012 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement "), dated as of the 25 day of June, 2012 by and between General Electric Capital Corporation, GE Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. (collectively "Seller ") and Portfolio Recovery Associates, LLC ( "Buyer "), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on October 22, 2012, and as further described in the Agreement. GE Capital Retail Bank Monogram Credit Services, L.L.C. B By: Glenn Marino Glenn Marino Title: EVP Title: _President Date: Date: General Electric Capital Corporation RFS Holding, L.L.0 B y : - 1- By: Glenn Marino Joseph Ressa Title: Vice President Title: _CFO Date: Date: GEMB Lending, Inc. GEM Holding, L.L.0 By: By: Stephen Motta Joseph Ressa Title: Director Title: _CFO Date: Date: GE Capital RILL of SALE PRA PLCC Fresh — October 2012 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement "), dated as of the 25"' day of Jame, 2012 by and between General Electric Capital Corporation, GE Money Bank GEMB Lending, Inc., Monogram. Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. (collectively "Seller ") and Portfolio Recovery Associates, LLC (`Buyer "), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on October 22, 2012, and as further described in the Agreement. GE Capital. Retail Bank Monogram Credit Services, L.L.C. By: By: Gleam Marino Glenn Marino Title: EVP Title: _President Date: Date: General Electric Capital Corporation RFS Holding, L.L.0 By: By: Glenn.Marino Joseph Ressa Title: Vice President Title: CFO Date: Date: GEMB Lending Inc. GEM Holding, L.L.0 By: By: Stephen Motta Joseph Ressa Title: Director Title: CFO Date: Date: GE Capita! BILL of SALE PRA PLCC Fresh — October 2012 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement "), dated as of the 25 day of June, 2012 by and between General Electric Capital Corporation, GE Money Bank, GEMB Lending, hic., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. (collectively "Seller ") and Portfolio Recovery Associates, LLC ( "Buyer "), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and, assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on October 22, 2012, and as further described in the Agreement. GE Capital Retail Bank Monogram Credit Services, L.L.C. By: By: Glenn Marino Glenn Marino Title: EVP Title: President Date: Date: General Electric Capital Corporation RFS Holding, L.L.0 By: By Glenn Marino Joseph sa Title: Vice President Title: _CFO Date: Date: GEMB Lending, Inc. GEM Holding, L.L.0 By: . By: Stephen Motta Joseph es)a Title: Director Title: _CFO Date: Date: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 'i Jody S Smith � tt,of �rar�tacr�g Chief Deputy 40 COW4,T Richard W Stewart ' ; 'i` Solicitor ENNSYLM IA Portfolio Recovery Associates, LLC vs. Case Number Allyson Hart 2013-4344 SHERIFF'S RETURN OF SERVICE 07/29/2013 02:19 PM-Deputy Jeff Kolodzi, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit:Allyson Hart at 408 Orchard Lane, Upper Allen, Mechanicsburg, PA 17055, JEF K ODZ1, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, July 30, 2013 RONW R ANDERSON, SHERIFF (c)County&uite Shodtf Tdeosofi,fnc. 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 mpykosh(a)-dplglaw,com Attorney for Defendant PORTFOLIO RECOVERY : COURT OF COMMON PLEAS ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 13-4344— Civil Term ALLYSON HART, Defendant NOTICE TO PLEAD = r- �� .fie To: Portfolio Recovery Associates, LLC ca,, c/o Robert N. Polas, Jr., Esquire 120 Corporate Blvd. "' Norfolk, VA 23502 You are hereby notified to plead to the enclosed Preliminary Objections within cz twenty (20) days from the date of service hereof or a default judgment may be entered against you. . "Res ectfully S miffed, Date: Michael J. ykos , squire 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 2.132 Market Street Camp Hill, Pennsylvania 17011 Telephone_' (717)975-9446 Fax—(717)975-2309 mpvkosh@Ap!gLaw,com Attorney for Defendant PORTFOLIO RECOVERY : COURT OF COMMON PLEAS ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 13-43"—Civil Term ALLYSON HART, Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Allyson Hart, by and through her attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files his Preliminary Objections to the Plaintiffs 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 GE CAPITAL RETAIL BANK WALMART. Comp. ¶ 3. 2. The-Complaint was filed on July 24, 2013. First Preliminary Objection - Pa. R.C.P. 1028(a)(2) Failure to Conform to Law or Rule of Court 3. Pursuant to Pa. R.C.P. 1028(a)(2), a party may file a Preliminary Objection based upon the failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter. 4. Plaintiff's Complaint is based upon a contract. 5. Plaintiff asserts a cause of action based upon an account stated theory of recovery. 6. An account stated theory of recovery is not applicable in credit card cases. Capital One Bank (USA) NA v Cleverstine, 7 Pa. D&C 5th (Ct. Com. Pl. Centre County 2009). JMMM PC Company v Patricia Stillwagon 2011 Pa. D&C Dec. Lexis 24 (Luzeme County). 7. Plaintiff in pleading account stated cause of action is not permitted to escape pleading requirements otherwise applicable. CitiBank(South Dakota, N.A.) vXenofon Skaboulds, No. 09-8676 (Cumberland County). 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. Am. Comp. %3 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 Complaint, pursuant to Pa. R.C.P. 1019(1). 9. By failing to attach a complete copy of the assignment and bill of sale 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). 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. 1028(a)(2) Failure to Conform to Law or Rule of Court 10.The Complaint avers the existence of some type of contract pertaining to a credit card between the parties. 11.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. 12.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, including both original and amended terms and conditions applicable to the credit card agreement. Asset Acceptance, LLC v Margaret Madden dated March 18, 2009, No. 2912 of 2008 GD (Fayette County 2009) citing Atlantic Credit & Finance, Inc. v Gluiliana, 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). Plaintiff has failed to explain the absence of the written agreement and has failed to set forth the substance of the agreement. Fourth Preliminary Objection - Pa. R.C.P. No. 1028(a)(3) Insufficient Specificity in a Pleading 13.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. 14.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. 15.By not including the requisite detail of the account, the Complaint fails to conform to an express rule of Court. Fifth Preliminary Objection - Pa. R.C.P. 1028(a)(5) Lack of Capacity to Sue 16.Pa. R.C.P. 2002(a) required that an action be brought by the real party in interest. 17.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. 18.Plaintiff has not shown standing or capacity to sue Defendant. .9.Since this matter was not brought by the real party in interest it must be dismissed. WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiffs Complaint be dismissed with prejudice. Respectf ubmitted, Date:— Lq- Midhael I P �, 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 mmpykosh dplglaw.com Attorney for Defendant PORTFOLIO RECOVERY : COURT OF COMMON PLEAS ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff , V. No: 13-4344— Civil Term ALLYSON HART, , Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Preliminary Objections to Plaintiff's 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 120 Corporate Blvd. Norfolk, VA 23502 Res ectful y Submitted, Date: 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 PRAECIPE FOR LISTING CASE FO A GUMENT (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 Allyson Hart rn :i r IND 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants Preliminary Objections filed August 15, 2013 No. 13 -4344 2. Identify all counsel who will argue cases: (a) for plaintiffs: Robert N. Polas, ESQ. 120 CORPORATE BLVD. NORFOLK VA 23502 (Name and Address) MICHAEL J. PYKOSH, ESQ. 2132 MARKET STREET 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: - •-��- �(1ma CL Ant "P`a' Date: MAR 112014 Sign Print yo 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. svol ttLIZ E, i2-*%21 t, PORTFOLIO RECOVERY ASSOCIATES, LLC, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ALLYSON HART, DEFENDANT : 13-4344 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE GUIDO, J., MASLAND, J. AND PLACEY, J. �RDER OF COURT AND NOW, this /.3 ay of May, 2014, upon consideration of the Preliminary Objections filed by Defendant, Allyson Hart, to the Complaint filed by Plaintiff, Portfolio Recovery Associates, LLC, and following briefing and argument by Defendant, those Objections are SUSTAINED and the Complaint is DISMISSED. Plaintiff is GRANTED leave to file an Amended Complaint within twenty (20) days of the entry of this order.' By the Court, Albert H. Masland, J. ✓ Robert N. Polas, Jr., Esquire 120 Corporate Blvd. Norfolk, VA 23502 For Plaintiff Michael J. Pykosh, Esquire 2123 Market Street Camp Hill, PA 17011 For Defendant 1 Plaintiff has failed to attach a cardholder agreement or an adequate statement of the account to its Complaint. Atlantic Credit and Finance, Inc. v. Giuliana, 829 A.2d 340 (Pa. Super. 2003). ac) -01.0 ria;L L Michael J. Pykosh, Esquire ID # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 MPykosh andololaw.com PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff v. ALLYSON HART, Defendant It i HE PRO HONi: T 2 (4 JUN -3 PH 3: L CUMBERLAND !!COUNTY P E N N S Y LV9attblr y for Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 13-4344 — Civil Term MOTION FOR JUDGMENT AND NOW, comes the Defendant, Allyson Hart, by and through her counsel the Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who avers the following in support of for Judgment pursuant to Pa. R.C.P. 1037(c): 1. On July 24, 2013, Plaintiff filed a Complaint alleging that Defendant owed Plaintiff money arising from a credit card account. 2. On August 20, 2013, Defendant filed Preliminary Objections to Plaintiff's Complaint. 3. On March 19, 2014, Plaintiff filed a Praecipe to List Case for Argument. Argument was scheduled for May 9, 2014. 4. On May 13, 2014, an Order of Court was executed by Albert H. Masland, J (attached hereto as "Exhibit "A" and made apart hereof). Plaintiff was ordered to file an Amended Complaint within twenty (20) days from the date of said Order. 5. More than twenty (20) days from the date of said Order have lapsed and Plaintiff has failed to file an Amended Complaint. 6. Plaintiff has failed to comply with the aforesaid Order of Court. 7. Plaintiff's counsel, Robert N. Polas, Jr., has been contacted and no response has been received, therefore it is assumed that he does not concur with this Motion. WHEREFORE, Defendant, Allyson Hart, respectfully requests that this Honorable Court dismiss the Plaintiff's Complaint with Prejudice. Date: l(31iq Respectfully Submitted, Michael J. P9kosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant PORTFOLIO RECOVERY ASSOCIATES, LLC, PLAINTIFF V. ALLYSON HART, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 13-4344 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE GUIDO, J., MASLAND, J. AND PLACEY, J. /2 RDER OF COURT AND NOW, this ! day of May, 2014, upon consideration of the Preliminary Objections filed by Defendant, Allyson Hart, to the Complaint filed by Plaintiff, Portfolio Recovery Associates, LLC, and following briefing and argument by Defendant, those Objections are SUSTAINED and the Complaint is DISMISSED. Plaintiff is GRANTED leave to file an Amended Complaint within twenty (20) days of the entry of this order.' By the Court, Albert H. Masland, J. c= Robert N. Polas, Jr., Esquire mCO = ,, 120 Corporate Blvd. ?z1 rri .� ▪ r -- Norfolk, VA 23502 �D � cam; For Plaintiff r -z -+� Michael J. Pykosh, Esquire :c-.) .-. c T 2123 Market Street _ - , o Camp Hill, PA 17011 -' ''' For Defendant 1 Plaintiff has failed to attach a cardholder agreement or an adequate statement of the account to its Complaint. Atlantic Credit and Finance, Inc. v. Giuliana, 829 A.2d 340 (Pa. Super. 2003). EXHIBIT a Michael J. Pykosh, Esquire ID # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 MPvkosh(cildolglaw.com Attorney for Defendant PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff v. ALLYSON HART, Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA • • • • No: 13-4344 — Civil Term CERTIFICATE OF SERVICE hereby certify that a copy of the foregoing Defendant's Motion for Judgment pursuant to Pa. R.C.P. 1037(c), 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 120 Corporate Blvd. Norfolk, VA 23502 Date: W..3/ /4/ Respe miffed, Michael J. ykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant PORTFOLIO RECOVERY : COURT OF COMMON PLEAS ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSTLVVNI Plaintiff -pa �1 cn 2- C) c v. No: 13-4344 - Civil Term ALLYSON HART, Defendant ORDER CFI -o AND NOW, this day of , 2014, in consideration of the Order of Court, dated May 13, 2014, executed by Albert H. Masland, J., and no Amended Complaint filed within twenty (20) days from the date of said Order of Court, it is hereby ORDERED and DECREED that the Prothonotary enter Judgment in favor of Defendant and against Plaintiff and that Plaintiff's Complaint hereby be DISMISSED with Prejudice. Pursuant to the requirements of Pa. R.C.P. 236(a)(2), (b), (d), the Prothonotary shall immediately give written notices of entry of the Order, including a copy of this Order, to each party's attorney of record, or if unrepresented, to each party; and shall note in the docket the giving of such notices and time and manner thereof. BY CO T: J. Distribution Legend: bert N. Polas, Jr., Esquire 120 Corporate Blvd. Norfolk, VA 23502 (866) 428-8102 e0 I•es fiteWki, LAP( Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 0 Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff -PILED-CT:F.10E C," THE PROTHONOTAV 20R JUN -9 AM 10: 1 0 CUMRER AND roliNTy PENNSYLVANIA 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. ALLYSON HART 408 ORCHARD LN MECHANICSBURG PA 17055 Defendant No. 13-4344 CIVIL PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above -entitled case as discontinued without prejudice. Respectfully Submitted, Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 13-58094 Attorneys for Plaintiff This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff v. ALLYSON HART 408 ORCHARD LN MECHANICSBURG PA 17055 Defendant : No. 13-4344 CIVIL CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon MICHAEL J PYKOSH, by First Class Mail, Postage Pre -Paid, a copy thereof on this / day of AWE. 2014, to: MICHAEL J PYKOSH, 2132 MARKET ST, CAMP HILL, PA 17011 13-58094 2� Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.