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HomeMy WebLinkAbout14-1119 Supreme Court of Pennsylvania Caur,.t Com`m ion Pleas / {',- �" 3 y;� For Prothonotary Use Only: I 1\11.' ST NAH CiAl Sheet Docket No: CUMB r S �Count Y The information collected on this form is used solely court administration purposes. This form does not supplement or replace the and service ofpleadings or other a ers as req uired by law or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T PORTFOLIO RECOVERY ASSOCIATES, LLC DICK QUARLES I Dollar Amount Requested: _ Are money damages requested. ®Yes ❑ No q sted: X within arbitration limits O (Check one) outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A � Name of Plaintiff/Appellant's Attorney: Robert N. Polas, Jr./ Carrie Brown/ Mark R. Garvey ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections ❑ Nuisance ® Debt Collection: Other ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not include S mars tort) ❑ Employment Dispute: E ❑ Slander/Libel /Defamation Discrimination ❑ Zoning Board C C] Other: [I Employment Dispute: Other E] Other: T I MASS TORT E] Other: Q ❑ Asbestos N ❑ Tobacco F Toxic Tort -DES REAL PROPERTY MISCELLANEOUS E] Toxic Tort - Implant El Ejectment E] Common Law /Statutory Arbitration B [] Toxic Waste E] Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Other: ❑ Ground Rent E] Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations i ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ! ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: It i 14 -64320 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 %t� r its: #., _ Portfolio Recovery Associates, LLC 1wfQ 1t % %s, 120 Corporate Blvd 2 Norfolk, VA 23502 t -5 � ' TELE: 1- 866 - 428- 8102 CUp{rY FAX: (757) 518 -0860 PENNSYLVANIA Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC n 120 CORPORATE BLVD NORFOLK, VA 23502 No. Plaintiff, V. DICK QUARLES 925 BRANDYWINE WAY 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, 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 Cumberland County Bar Association 32 South Bedford Street S' Carlisle, PA 17013 (717) 249 -3166 14-64320 aW.A �� �barJgB 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. DICK QUARLES 925 BRANDYWINE WAY MECHANICSBURG PA 17050 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 accion dentro veinte (20) dial 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 1NFORMACION 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 14 -64320 Esta coinunicacion es de un cobrador de deudas y es un intent do cob.rar una delida. Cualqui.er infromacion sera uti_lizada 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. DICK QUARLES ; 925 BRANDYWINE WAY MECHANICSBURG PA 17050 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, DICK QUARLES, is an adult individual with last known address of 925 BRANDYWINE WAY, MECHANICSBURG PA 17050. 3. It is averred that Defendant was indebted to CITIBANK, N.A. / SEARS on March 1, 2000 with account number * * * * * * * * * ** *5946 (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 frorn a debt collector and is an attempt to collect a debt. Any infoi nation 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 August 28, 2012. 8. Plaintiff is the purchaser, assignee and /or successor in interest CITIBANK, N.A. / SEARS and Plaintiff is now the holder of the Account. A true and correct copy of the Plaintiffs Bill of Sale 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 $9,438.51. 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, DICK QUARLES &na. nt of $9,438.51, plus costs of this action and any other relief as the Court deems just and re Carrie A. Br own, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 14 -64320 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, Michael La Douceur 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: JA N 21 2014 BY: � r Michael La Douceur Custodian of Records 14 -64320 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: * * * * * * * * * ** *5946 DICK QUARLES Account Holder: DICK QUARLES 925 BRANDYWINE WAY MECHANICSBURG PA 17050 Consumer Account Product Code: MC Issuer: CITIBANK, N.A. / SEARS Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *5946 Date Account Opened: March 1, 2000 Date of Last Payment: August 28, 2012 Date of Charge Off: March 11, 2013 Balance at Purchase: $9,438.51 Purchase Date: June 27, 2013 Balance at Charge -Off: $9,438.51 Less Payments: $.00 Balance Due: $9,438.51 14 -64320 SRSS72 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 9 BILL OF SALE AND ASSIGNMENT THIS BII.L OF SALE AND ASSIGNMENT, dated June 27, 2013, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank ") to Portfolio Recovery Associates, LLC ( "Buyer "), organized under the laws of Delaware, with its headquarters /principal place of business at 130 Corporate Boulevard, Norfolk, VA 23502. For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated February 25, 2013, between Buyer and the Bank (the "Agreement "), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 and the final electronic file. Citibank, N.A. B (Signature) Title: n�►�Gt�( c# �� PRA 022513 ASSET SCHEDULE The individual Accounts: transferred are described in the final electronic file and delivered by the Bank to Buyer, the same deemed attached hereto by this reference..::: . # of Sale Cut-Off Lot Sale ID Accounts Rates Sale Balance Date Sears .Early 06 /10 /13 " Out MasterCard — Sears Early 06/10/13 Out Private Label PRA. 022513 .... . . 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 ndplglaw,com k THE PROTHONOTARY 2014 MAR 11 All 51' OEUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendant PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff v. DICK QUARLES, Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA • • • • • • • No: 14 -1119 — Civil Term NOTICE TO PLEAD To: Portfolio Recovery Associates, LLC c/o Carrie Brown, Esquire 120 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: j- tb Respectfully Submitt Michael J. ,7 k. h, 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 mpvkosh ndplglaw,com Attorney for Defendant PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff v. DICK QUARLES, Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA • • • • • • No: 14 -1119 — Civil Term DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Dick Quarles, by and through his 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 CitiBank, N.A. / Sears. Comp. ¶ 3. 2. The Complaint was filed on February 25, 2014. 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. Plaintiffs 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 511h (Ct. Com. PI. Centre County 2009). JMMM PC Company v Patricia Stillwagon 2011 Pa. D &C Dec. Lexis 24 (Ct. Com. PI. Luzerne County). CitiBank, N.A. v Heather B. Wadas, No. 2012 -1705 (Ct. Com. PI. Cumberland County, Peck J.). CitiBank (South Dakota), N.A. v Ross, 2010- 5668 (Ct. Com. PI. Cumberland County, 2010) (Masland J). 7. Plaintiff in pleading account stated cause of action is not permitted to escape pleading requirements otherwise applicable. CitiBank (South Dakota, N.A.) v Xenofon Skaboulos, No. 09 -8676 (Ct. Com. Pl. 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. 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(i). 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. Arrow Financial Services, LLC v Jodi A. Witmer, 59 Cumb. 154, 157 (2010). 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(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, 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 (Ct. Com. PI. 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 (Ct. Com. PI. 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. Arrow Financial Services, LLC v Jodi A. Witmer, 59 Cumb. 154, 157 (2010). 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. Arrow Financial Services, LLC v Jodi A. Witmer, 59 Cumb. 154, 157 (2010). 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. 19. 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. Respectfully Submitted, Date: 3- o-- [ Lf Mic ael J. Pykosh, 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 mpvkosh u(�dplglaw,com PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff v. DICK QUARLES, Defendant Attorney for Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 14 -1119 — Civil Term 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 Carrie Brown, Esquire 120 Corporate Blvd. Norfolk, VA 23502 Date: S— t Respectfully Submitted, Michael J. Itykosh, Esquire I.D. # 58851 Dethlefs - Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975 -9446 Attorney for Defendant Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 2014MAR UMBERL Attil) COW— I Yr t PENNS YLVANIA4 nt: PRO11-112t.i0-7,/, , AH 0: •;44,,44t OFFICE, OF THE EHERIEr etur*er4 Portfolio Recovery Associates, LLC vs. Dick Quarles Case Number 2014-1119 SHERIFF'S RETURN OF SERVICE 03/14/2014 05:51 PM - Deputy Jason Kinsler, 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: Dick Quarles at 925 Brandywine Way, Hempden Township, Mechanicsburg, PA 17050. JAS N INSL TY SHERIFF COST: $50.60 SO ANSWERS, March 18, 2014 (c) CountySuile Sheriff, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF PRAECIPE FOR LISTING CASE FOR RG UMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CUMBERLAND CAPTION OF CASE (entire caption must be stated in full) PORTFOLIO RECOVERY ASSOCIATES, LLC vs. DICK QUARLES No. 2014-1119 Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Carrie A. Brown, Esquire (Name and Address) 120 Corporate Blvd., Norfolk, VA 23502 (b) for defendants: Michael J. Pykosh, Esquire (Name and Address) 2132 Market Street, 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 19, 2014 Date: 10/29/2014 Signature \c&\. _3. PIk0,51, Print your name Defendant 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. aU^E 6 R"1S'&dtkI Qc_At-kOci 1,l3alo Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Gregory J. Babcock, Esquire Attorney ID # 94055/201259/312686/205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff RLED-OFFICE. CF THE PROTHONOTARY 2814 KV 1 PM 2: 1 9 CUMBERLAND COUNTY 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. DICK QUARLES 925 BRANDYWINE WAY MECHANICSBURG PA 17050 Defendant To the Prothonotary: No. 14-1119 Civil PRAECIPE TO DISCONTINUE Please mark the above -entitled case as discontinued without prejudice. ully Submit 14-64320 ert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Gregory J. Babcock, Esquire PA Bar # 205061 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. Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Gregory J. Babcock, Esquire Attorney ID # 94055/201259/312686/205061 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. DICK QUARLES 925 BRANDYWINE WAY MECHANICSBURG PA 17050 Defendant No. 14-1119 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 thiday of ,2014, to: MICHAEL J PYKOSH, 2132 MAR . CAMP HILL, PA 14-64320 obert N. Polas, Jr., Esquire PA Bar.# 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Gregory J. Babcock, Esquire PA Bar # 205061 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.