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HomeMy WebLinkAbout14-1574 Supreme Cou ; t�f . -\ Pennsylvania Conrt Common Pleas For Prothonotary Use Only: TIME; STAMP CI1OVeI}, et Docket No: CUMB Count - Y The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition I E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC WANDA L BOYLES T i Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits f O (Check one) outside arbitration limits I N { - -- Is this a Class Action Suit? ❑ Yes ®No Is this an MDJAppeal? ❑ Yes ®No A I 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 Sel 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 mass tort) ❑ Employment Dispute: E ❑ Slander /Libel /Defamation Discrimination ❑ Zoning Board C ❑ Other: ❑ Employment Dispute: Other C] Other: _ -- --- - - - - -- T--------- - - - - -- I E] Other: MASS TORT _ _ Q ❑ Asbestos NN ❑ Tobacco E] Toxic Tort -DES REAL PROPERTY MISCELLANEOUS ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Tort - Implant B ❑Toxic Waste ❑Eminent Domain /Condemnation ❑Declaratory Judgment ❑ Other: ❑ Ground Rent E] Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations — — ❑ Mortgage Foreclosure: Residential Restraining Order -- ❑ Mortgage Foreclosure: Commercial ❑ Quo W arranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: -- — ❑ Legal - - - - - -- - - - - -- ❑ Medical — -- ❑ Other Professional: 15 -19349 Robert N. Polas, Jr., Esquire PA Bar # 201.259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 C't= Th Portfolio Recovery Associates, LLC ` f nflTy flPr' j , 120 Corporate Blvd Norfolk, VA 23502 fl �R P11 !; QQ TELE: 1- 866 - 428 -8102 U� t?ER t�Q FAX: (757) 518 -0860 Pt 1S Y� , �� C O UNT Y 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 No. ' Plaintiff, V. WANDA L BOYLES 134 S EAST ST CARLISLE PA 17013 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 S (717) 249 -3166 15 -19349 a z This communication is from a debt collector and is an attempt to collect a deb�� 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 # 31.2686 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. ; WANDA L BOYLES 134 S EAST ST CARLISLE PA 17013 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 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 15 -19349 Esta comunicacion es de un cobrador de deudas y es un intent do cobras una deuda. Cualquier infromacion sera utilizada 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) 51.8 -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. WANDA L BOYLES 134 S EAST ST CARLISLE PA 17013 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, WANDA L BOYLES, is an adult individual with last known address of 134 S EAST ST, CARLISLE PA 17013. 3. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / CAPITAL ONE BANK (USA), N.A. / ORCHARD BANK on July 7, 2010 with account number * * * * * * * * * ** *4728 (hereafter referred to as "Account "). 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. A.ny 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 July 31, 2011. 8. Plaintiff is the purchaser, assignee and /or successor in interest HSBC BANK NEVADA, N.A. / CAPITAL ONE BANK (USA), N.A. / ORCHARD BANK 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 $2,042.09. 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, WANDA L BOI'LE4ert nt of $2,042.09 us osts of this action and any other relief as the Court deems just an own, Esquire, # 94055 olas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 15 -19349 This communication is from a debt collector and is an attempt to collect a debt. Any inforination obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Cynthia Clarke 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. FEB 2 s zota Date: B Cynthia Clarke Custodian of Records 15 -19349 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. t S� P3 o ASSIGNMENT AND BILL OF SALE P. 07/11/2012 Reference is made to that certain Purchase and Sale Agreement: as of 03/28/2012 ( "Agreement") for the sale of Accounts and Account Documents described therein to Portfolio Recovery Associates, LLC, (hereinafter called "Purchaser"), upon the terms and conditions set forth in that Agreement. WHEREAS, HSBC Bank Nevada, N.A., HSBC Bank USA, N.A., 'HSBC Receivables Acquisition Company I, HSBC Receivables Acquisition Corporation (USA) III, and HSBC Receivables Acquisition Corporation (USA) IV (collectively, "HSBC ") sold the Accounts described in Schedule 1 attached hereto to Capital One Bank (USA), National. Association ( "Seller) in connection with the transactions contemplated under that certain Purchase and Assumption Agreement among HSBC Finance Corporation, HSBC USA Inc., HSBC Technology and Services (USA) Inc. and Capital One Financial Corporation, dated August 10, 2011, as amended from time to time. NOW THEREFORE, for good and valuable consideration, Seller hereby sells, assigns, and. transfers to Purchaser, its successors and assigns, all of Seller's rights, titre, and interest in 'each and every one of the Accounts described in the Agreement and in Schedule 1 attached hereto, as of the date first written above. Purchaser and Seller agree that the Purchase Price shall be as stated in Section 3 of the Agreement. f ' Purchaser acknowledges and agrees that (i) Seller did not originate any of the Accounts and, prior to May 1, 2012, did not service any of the Accounts, and (ii) Seller's internal policies and procedures for servicing accounts including, but not limited to, charge -off, credit bureau reporting, fraud, and billing disputes policies may be different than the charge -off policies and procedures of HSBC. s Purchaser acknowledges and agrees that Seller may deliver an Affidavit of Sale of Accounts by Creditor in lieu of an Affidavit of Sale of Accounts by Original Creditor. This Assignment and Bill of Sale may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. RESTRICTED i IN WITNESS WHEREOF, the parties have signed and delivered this instrument on 07131/2012. Capital One Bank (USA), National Association Signed By.,._..— — By: JohWR Maurer Title: Vice President Portfolio Recovery Associates, LLC Signed By� By: Title: ANOWAU S — j cj ,�•': i; RESTRICTED Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OF.Fi ;F OF ?K F. 4FRIFF 111 APR -3 Pry : 05 y PErNSYLVAN1A Portfolio Recovery Associates, LLC vs. Wanda L Boyles Case Number 2014 -1574 SHERIFF'S RETURN OF SERVICE 03/21/2014 11:00 AM - Deputy Stephen Bender, 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: Wanda L Boyles at 134 S. East Street, Carlisle Borough, Carlisle, PA 17013. 6TEPHEN BENDER, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, March 24, 2014 (c) CountySeile Sheriff, Te ease( , RONN R ANDERSON, SHERIFF FAFILES \Clients \ 13994 Pro Bono \ 13994.62 Boyles 13994.62.pol Revised: 4/29/14 2:01PM George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant LE -OFFICE' OF THE PROTHONOTARY 2014 APR 29 Pti 2: .0- CUMBERLAND COUNTY PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, INC., Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-1574 : CIVIL ACTION - LAW WANDA L. BOYLES, Defendant : JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT TO: PORTFOLIO RECOVERY ASSOCIATES, INC., and their attorney, CARRIE A. BROWN, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes the Defendant, Wanda L. Boyles, by and through her attorneys, MARTSON LAW OFFICES, and hereby preliminary objects as follows: 1. Plaintiff s Complaint alleges that Defendant has failed to make payments apparently under a credit card agreement. First Preliminary Objection — Pa. R.C.P. 1028(a)(2) Failure to Conform to Rule of Court (Failure to attach written agreements) 2. Plaintiff's complaint references a credit card agreement with HSBC Bank Nevada, N.A./Capital One Bank and gives an account number, but does not attach a copy of the credit card agreement. 3. The Complaint alleges that the debt was assigned but does not attach a copy of the original agreement or basis of the underlying debt. 4. The Complaint fails to attach a copy of the written sales agreement or written assignment that references any account allegedly owned or for which Defendant was responsible for. 5. Pa. R.C.P. 2002 (a) requires that an action be brought by the real party and interest. 6. By failing to attach a copy of the necessary writing by which the Plaintiff would become the assignee of the account — and this is the real party in interest — the Plaintiff has failed to confirm with the requirements of the aforesaid rule 7. Since this matter was not brought by the real party in interest, it must be dismissed. Second Preliminary Objection —Violation of Pa. R.C.P. 1028(a)(2) and (3) Failure to Conform to Rule of Court and Insufficient Specificity 8. The Complaint contains only a bald assertion of the amount the Plaintiff claims is owed by the Defendant. 9. The Complaint provides no detail as to the date or dates as to which the debts were incurred and the amounts incurred on each date, the dates or amount of payments, nor dates of accrual on amounts of interest and other charges or fees. 10. Without the aforesaid allegations, Defendant would have no way of determining if this suit is properly brought or is one in which collection of the debt is being sought after the expiration of the statute of limitations in violation of the Fair Debt Collection Practices Act. 11. Pa.R.C.P. 1019 and Pa. R.C.P. 1028 (a)(3) require that these special damages be specifically stated. By not including the requisite detail of the alleged account, the Complaint fails to conform to an express Rule of Court. WHEREFORE, Defendant demands that Plaintiff s Preliminary Objections be sustained and Plaintiffs Complaint be dismissed with prejudice. In the alternative, Defendant requests that the Plaintiff be required to file an amended Complaint correcting the violations mentioned herein. Respectfully Submitted, MARTSON LAW OFFICES By Date: April 29, 2014 George B. Fa , Jr., Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Preliminary Objections were served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Carrie A. Brown, Esquire PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd. Norfolk, VA 23502 MART ON LAW C7.F ES . Thu ma 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 29, 2014 Carrie A Brown, Esquire Robert N. Polas Jr, Esquire Matte R. Garvey, Esquire C Attorney ID # 94055/201259/312686 tyf:` j PRO -U- 1 rid,., Portfolio Recovery Associates, LLC2Q/ R©TN(I ►�� TA J� 120 Corporate Blvd 4 JUL Norfolk, VA 23502�/,� �2 �s Attorneys for Plaintiff �� FO i r 4hli.a 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. WANDA L BOYLES 134 S EAST ST CARLISLE PA 17013 No. 14-1574 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above -entitled case as discontinued without prejudice. 15-19349 Res Submitted, 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. Carrie A. Brown, Esquire Rol', Oat N. Polas Jr, Esquire Ma IZ. Carvey, 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. WANDA L BOYLES 134 S EAST ST CARLISLE PA 17013 Defendant : No. 14-1574 CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon WANDA L BOYLES, by First Class Mail, Postage Pre -Paid, a copy thereof on thi--day of , 2014, to: WANDA L BOYLES, 134 S EAST ST ' ',RLISLE PA 17013 15-19349 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.