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HomeMy WebLinkAbout14-1129 Supreme Court,.of Pennsylvania Court =of Common Pleas , ,1 For Prothonotary Use Only: i I %I F S I' k1\1 P Civil Coverj,�Sheet Docket No- /I CUMBE + Coun t 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. Commencement of Action: S [N Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC ROBERT A BROWNEWELL T I Dollar Amount Requested: _ O Are money damages requested. ®Yes ❑ No q sted: X within arbitration limits N (Check one) outside arbitration limits 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) r _ 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 inchide 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 mass tort) ❑ Employment Dispute: E ❑ Slander/LibeUDefamation Discrimination ❑ Zoning Board C ❑ Other: ❑ Employment Dispute: Other ❑ Other: T ❑ I MASS TORT Other: i Q ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Toxic Waste ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical i ❑ Other Professional: 0 2 14 -58515 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 ?0/4 Norfolk, VA 23502 r TELE: 1 -866- 428 -8102 �� 1 / j} 3 : ` Attorneys s f r Plaintiff � Y� f ' IN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 No Plaintiff, V. ROBERT A BROWNEWELL 259 HORSESHOE RD CARLISLE PA 17015 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 Carlisle, PA 17013 (717) 249 -3166 14 -58515 20D I 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. ROBERT A BROWNEWELL 259 HORSESHOE RD CARLISLE PA 17015 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) 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 pars 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 INFORMACIONACERCA 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 -58515 Esta comunicacion es de un cobrador do deudas y es un intent do cobrar una deuda. Cualquie.r infromacion sera utilizada 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. ROBERT A BROWNEWELL 259 HORSESHOE RD CARLISLE PA 17015 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, ROBERT A BROWNEWELL, is an adult individual with last known address of 259 HORSESHOE RD, CARLISLE PA 17015. 3. It is averred that Defendant was indebted to MBNA / FIA CARD SERVICES, N.A. / * * * * * * * * * ** *5988 on February 20, 1997 with account number * * * * * * * * * ** *8055 (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. This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used. for that purpose. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. 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 October 6, 2012. 8. Plaintiff is the purchaser, assignee and /or successor in interest MBNA / FIA CARD SERVICES, N.A. / * * * * * * * * * ** *5988 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 $3,686.40. 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, ROBERT A BROWNEWE , in the amount o 686.40, plus costs of this action and any other relief as the Court deems just nd I arrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 14 -58515 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: JAN 2 1 2014 B Michael La D Custodian of Records 14 -58515 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. XHIBIT 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: * * * * * * * * * ** *8055 ROBERT A BROWNEWELL Account Holder: ROBERT A BROWNEWELL 259 HORSESHOE RD CARLISLE PA 17015 Consumer Account Product Code: VISA Issuer: MBNA / FIA CARD SERVICES, N.A. / * * * * * * * * * ** *5988 Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *8055 Date Account Opened: February 20, 1997 Date of Last Payment: October 6, 2012 Date of Charge Off: May 31, 2013 Balance at Purchase: $3,686.40 Purchase Date: June 27, 2013 Balance at Charge -Off: $3,686.40 Less Payments: $.00 Balance Due: $3,686.40 14 -58515 BOAS76 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Bankof America . Ex1111BIT C BILL OF SALE AND ASSIGNMENT OF LOANS THIS BILL OF SALE AND ASSIGNMENT OF LOANS is made and entered into between PORTFOLIO RECOVERY ASSOCIATES, LLC (" urghgj : and FLA CARD SERVICES, N.A. C'-Se r"), pursuant to the Loan Sale Agreement dated June 25, 2013 (the " Agreement '') entered into .between Purchaser and Seller. Capitalized terms not defined herein shall have the same meaning as defined in the Agreement. (a) In consideration of the payments made. pursuant to the Agreement and such other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Seller does hereby sell, transfer, convey, assign and. deliver to Purchaser all of Seller's right, title and interest in and to each and all of the Leans, as, included on the electronic file referenced in Schedule 1 of the Loan Agreement as Nithout recourse and without representation or warranty of any type, kind, character or nature,. express or implied, except as -specifically provided in the Agreement, and subject to Buyer's and Seller's repurchase rights as set forth in the Agreement. (b) Purchaser hereby :accepts such sale,, transfer, conveyance, assignment, and delivery, of the Loans, including without limitation the right to all" principal, interest or other proceeds. of any kind with respect to the Loans remaining due and owing as of the Cut -Off Date applicable to such Loans. (c) Nothing in this Bill of Sale and Assignment of Loans shall be deemed to modify, limit or amend any of the rights or obligations of Purchaser or Seiler under the Agreement. This Bill of Sale and Assignment of Loans shall inure to the benefit of, and be binding upon, the respective, permitted successors and assigns of Seller and Purchaser and shall be governed by and construed and interpreted in accordance with the Agreement and the laws of the State of Delaware, without regard to such state's principles of conflicts of law. (d) This Bill of Sale and..Assignment of Loans maybe executed by facsimile or electronic transmission in ,multiple counterparts, each of which shall be an original, but together shall constitute one and the same instrument.. IN WITNESS WHEREOF, each party, through its duly authorized officer, has caused this Bill of Sale and Assignment of Loans to be executed in their name this 27 day of June, 2013, . SELLER)ASSIGNOR: BUYER/ASSIGNIEE-, FU CARD SERVICES N.A. PORTFOLIO RECOVERY ASSOCIATES, LLC Name: Debra L Pellicciaro Name: Title: Vice President Title: .,/.jz f Fresh 6/25/13 Bank 4 America, Asset Sates Deerfield III, 865 paper Mill Read, Newwk. DTs 19711 w Paw SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ` ,�.:_a " �'- Sheriff b � ( �1 h t 1 ti , of tatxt #�i Jody S Smith Chief Deputy Q,,,, . : 2B14 MAR 12 Fri 2' 43 Richard W Stewart CUMBERLAND CQUN 1'i Solicitor -,F '.F- 3 . .11 PENNSYLVANIA Portfolio Recorvery Associates, LLC Case Number vs. Robert Brownewell 2014 1129 SHERIFF'S RETURN OF SERVICE 03/06/2014 02:55 PM- Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be a Defendant, to wit: Robert Brownewell at 259 Horseshoe Road, Lower Frankford Township, C isle, A 17015. WIL M CLINE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, 9- ''C'd:f March 07, 2014 RONNY ANDERSON, SHERIFF ,, , is•os nc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PORTFLOLIO RECOVERY ASSOCIATES, Plaintiff(s) Docket No.: 2014 -1129 v. ROBERT BROWNEWELL, Defendant(s) PRAECIPE FOR APPEARANCE Filed on Behalf of Defendant Counsel: The J. Murphy Firm The Grant Building, 33rd Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 (412)521 -2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 ra• • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PORTFLOLIO RECOVERY ASSOCIATES, Plaintiff(s) Docket No.: 2014 -1129 v. ROBERT BROWNEWELL, Defendant(s) TO THE PROTHONOTARY: Kindly accept my appearance on behalf of The Defendant. Res 'ectfull , / J Joseph P. Murphy 83120 The "Murphy Firm The rant Building, 33rd Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PORTFLOLIO RECOVERY ASSOCIATES, Plaintiff(s) Docket No.: 2014 -1129 v. ROBERT BROWNEWELL, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm The Grant Building, 33rd Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 (412)521 -2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PORTFLOLIO RECOVERY ASSOCIATES, Plaintiff(s) Docket No.: 2014 -1129 v. ROBERT BROWNEWELL, Defendant(s) CERTIFICATE OF SERVICE I, Joseph P. Murphy, counsel for the Defendant in the above captioned matter, do solemnly swear that the foregoing 1PPEARANCE IAAELIMINARY OBJECTIONS TO COMPLAINT IAA BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO COMPLAINT ❑ MOTION /REQUEST /PRAECIPIE FOR ARGUMENT were delivered by First Class, U.S. Mail, Postage Pre -Paid to the Below: Robert Polas Robert N. Polas, Esq Portfolio Recovery 140 Corporate Blvd Norfolk, Va 23502 Jos -f'. Murphy Fr y, March 21, 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PORTFLOLIO RECOVERY ASSOCIATES, Plaintiff(s) Docket No.: 2014 -1129 v. ROBERT BROWNEWELL, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Now comes the Defendant, by and through counsel, the J. Murphy Firm, and Joseph P. Murphy, Esquire and bring(s) and file(s) the within Preliminary Objections to Complaint, averring in support thereof as follows: OBJECTIONS TO CONTRACT CLAIMS 1. The Complaint references a credit agreement or contract. 2. Although the Complaint references a credit agreement or contract, no copy of the agreement or contract is attached thereto. 3. The foregoing amounts to a violation of Pa. R.C.P. §1019(i). 4. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. §1028(a)(2) for failure to conform to Rule of Court 1019(i). OBJECTIONS TO ASSIGNMENT OR DEBT BUYING ARRANGEMENT 5. The Complaint references an assignment, succession of interest, debt buying arrangement, or the like. 6. This assignment, succession of interest, debt buying arrangement, or the like, is a "writing," upon which Plaintiff's "claim" of the right to sue Defendant is based. 7. Prior to November 28, 2000, Plaintiffs were only required to plead these assignments.' 8. As of November 28, 2000, the Rules committee adopted the new rule 1019(i), which requires that, "When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing..." (emphasis mine) 9. That is to say, the complaint claims a right to sue on an account which plaintiff did not create. This "claim" is based on a "writing," and that actual "writing" is not attached.2 10. The foregoing is the proper subject or preliminary objections, Pursuant to Pa. R.C.P. §1028(a)(2) for failure to conform to rule of court 1019(i), as adopted 11/28/2000/ OBJECTIONS DIRECTED TOWARD LACK OF SPECIFICITY 11. These objections arise under Rule 1028(a)(3). 12. Pa. R.C.P. 1028(a)(3) provides for the filing of preliminary objections where the complaint is insufficiently specific. The procedural rules changes adopted on this date modified the old rule 1019(h), which, up until then, only required that the pleader state whether an agreement is in writing. The 2000 rule changes required that the pleader specifically plead whether the agreement is oral or written, and added a new rule, Rule 1019(i), requiring that if the agreement is written it must be attached. All the cases still floating around that seem to relieve, mysteriously, credit plaintiffs only, from the attachment requirement are either pre 2000, or based on other cases that were decided pre 2000, for example, the oft cited case of Brown v. Esposito, decided in 1945, some 55 years before there even was a rule 1019(i). Of course these cases and their progeny are thoroughly inapplicable to ruling on a 1019(i) objection, because 1019(i) didn't exist yet. 2 Of course Plaintiffs will commonly attach "bills of sale," "affidavits" and the like. These are not the writing, just a writing that says the writing exists. In this case the "Bills of Sale" simultaneously prove that a writing exists and that it is not attached. 13. Rule 1028(a)(3) is commonly understood to require that the complaint be sufficiently specific as to allow the Defendant to formulate an answer, admitting or denying the averments in the complaint. 14. Specifically, Plaintiff pleads that a specific sum certain is due from Defendant. 15. Defendant is required to admit or deny this averment by our rules. 16. Plaintiff has not provided enough information, in the way of documentation of the calculations underlying its demand to enable Defendant to formulate a response. 17. This renders the Complaint the proper subject of preliminary objections, pursuant to Pa.R.C.P. 1028(a)(3). for insufficient specificity. WHEREFORE, Defendant respectfully prays that the Complaint filed by the Plaintiff be dismissed with prejudice, or, in the alternative that the complaint be stricken, and the Plaintiff be required to plead over in accord with the Rules of Court. Respe r + bnhitte l Joseph R. " urphy a. PRAECIPE FOR LISTING CASE FOR ARGUMENT - 173 71---C7 -ID 5) rn ..... (Must be typewritten and submitted in triplicate) , ----- --ic.-. < ..) — ...._ —0 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the n'e-xt----.1 Argument Court.) c-: -- — -- CAPTION OF CASE —1, .7D (entire caption must be stated in full) -< C., --‹ PO f-N-\-- --'6I 'I 6 CO y'l Assoc ('0L-)-6 Vs. brnui ne(A) No. 11A , )4 Term 1. State matter to be argued (i,e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): n eiv.I4c)vr).1 0 rutcmi,ociai otei ecsLi.cfris 2. Identify all counsel who will argue cases: (a) for plaintiffs: 12C1Ct IO 4 Ja OA if • L - ame and Address (b) for defendants: 6 gm44- S-1-54,0 cp.( (P4 11 (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: Date: 3-9(--(4- Print your n me afivy.,06, Attorney for INSTRUCTIONS: 1. 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 12 days prior to argument. 3. The responding party shall file their brief 5 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. 1.19 15- Pa ATT e p,#,..3a5g(03 #6 PORTFOLIO RECOVERY : IN THE COURT OF COMMON PLEAS OF ASSOCIATES, : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT BROWNEWELL : NO. 2014 —1129 CIVIL ORDER OF COURT AND NOW, this 9TH day of MAY, 2014, by agreement of the parties, it is hereby ordered that Plaintiff's Complaint is STRICKEN. Plaintiff may file an amended complaint within 120 days. If Plaintiff fails to file an amended complaint within the time set forth above, the Prothonotary, upon Praecipe of the Defendant, shall dismiss this case with prejudice. By the Court, Edward E. Guido, J. ,Robert N. Polas, Jr., Esquire Carrie Brown, Esquire Mark R. Garvey, Esquire 120 Corporate Blvd. Norfolk, Virginia 23502 Joseph Murphy, Esquire The Grant Building 310 Grant Street, #3309 Pittsburgh, Pa. 15219 Court Administrator :sld Cries ALL sibyl --c CA) CJI Carrie A. Brown, Esquire "«' Rotgrt 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 C42:111:1:c 8-6'°r4'1,4°411° :7-1:1:13f'i or IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO1tP�AY CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff v. ROBERT A BROWNEWELL 259 HORSESHOE RD CARLISLE PA 17015 No. 2014-1129 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above -entitled case as discontinued without prejudice. R= pew d lly Submitted, 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 14-58515 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. ROBERT A BROWNEWELL 259 HORSESHOE RD CARLISLE PA 17015 Defendant : No. 2014-1129 CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon JI`.. EPH P MURPHY, by First Class Mail, Postage Pre -Paid, a copy thereof on this 114 , 2014, to: 14-58515 JOSEPH P MURPHY, 310 GRANT ST ITTSBURGH, P day of ert 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.