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HomeMy WebLinkAbout14-2840 S_ hpreme Co:u�=af Pennsylvania Cour.,�t of�mo.n.Pleas n" ::"`t9' Mat For Prothonotary Use Only: TIME STAMP G , 4C r h, Docket No: F C ;;.County . The information collected on this form is used solely for court administration purposes. This form does not supplement or re lace the I filingand service ofpleadings or other a ers as required by law or rules o court. S Commencement,of Action: E ®Complaint ❑ Writ of Summons ❑Petition C ❑ Transfer from Another Jurisdiction E)Declaration,ofTaking Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES,LLC KATHRYN GERTLER I O Are money damages 'requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits N (Check one) outside arbitration limits A Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑Yes . ® No Name of Plaintiff/Appellant's Attorney:Robert N.Polas,Jr./Came 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 tj Debt Collection:Credit Card ❑ Board of Elections ❑ Nuisance ® Debt Collection:Other ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include E mass tort) ❑ Employment Dispute: ❑ Slander/Libel/Defamation Discrimination ❑ Zoning Board C ❑ Other: p Employment Dispute:Other ❑ Other: T ❑ Other: Q MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort-DES REAL PROPERTY NUSCFLLANUOUS B ❑ Toxic Tort-Implant ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ 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 ❑ Other Professional: 15-62539 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 '�,U 120 Corporate Blvd ; Norfolk, VA23502 TELE: 1-866-428-8102U� Ls �tk7 FAX:(757) 518-0860 PEt"44S'- ''D COUN ,� Attorneys for Plaintiff YLVA qiA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD q, dFq6NORFOLK,VA23502 No. 1 (V 1 Plaintiff, V. KATHRYN GERTLER 1502 MARKET ST CAMP HILL PA 17011 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, personalty 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 15-62539 (717) 249-3166 1()3• Q 12-* %6 s�So This conmRmication is from a debt collector and is an attempt to collect a debt. Any infommtion 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. KATHRYN GERTLER 1502 MARKET ST CAMP HILL PA 17011 Demandado. NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demands 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 LISTED 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 15-62539 Esta coniunicacion es de un cobrador de deudas y es un intent do cobrar ma deuda. Cualquier infrornacion 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 TIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION- LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff, No. V. KATHRYN GERTLER 1502 MARKET ST CAMP HILL PA 17011 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, KATHRYN GERTLER, is an adult individual with last known address of 1502 MARKET ST, CAMP HILL PA 17011. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK/ SLEEPY'S on October 7, 2007 with account number ************6352 (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 frorn a debt collector and is an.atte.rnpt to collect a debt. Any inforiwition 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 December 20, 2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE CAPITAL RETAIL BANK/ SLEEPY'S 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 $1,994.96. 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, KATHRYN GERTLER, in th ount of$1,994.96, plus costs of this action and any other relief as the Court deems just and as ab arrie A Brown, Esquire, #94055 Robert N. Polas, Jr., Esquire, #201259 Mark R Garvey, Esquire, #312686 Attorneys for Plaintiff 15-62539 `Ibis connnunication is 6-om a debt collector and is an attempt to collect a debt. Anv information obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Tracy N.Parker 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: APR 0 9 2014 BY: Tlracy N.Parker Custodian of Records 15-62539 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. . . sr �► / .. ... ... .... I C 1 i GF up a BILL of SALE PRA PSCC Fresh —September 2013 For value received and in further consideration of the mutual Covenants andconditions set forth in the Forward Flow Receivables Purchase Agreement the°° jp Agreement ,dated:as of this 9;h day of July, 2.013 by and between General Electric Ca iW Co. p rporation,GE Capital Retail Bank,GE.... Lending,Inc.;Nanogram Credit Services L•L.C; RFS Holding,L.L:C.,and GEM Holdin :L.L.C. collective) "Selle ' ( and Portfolio � y � Recovery Associates,.LLC("Buyer"},Seller hereby transfers;sells,conveys,grants;and delivers to Buyer;its successors and assigns,without recourse.except set forth in the Agreement,to the extent of its ownership,the Receivables as:set forth in the Notification Files(as.defined is the;agreement),deliverer)by Seller to BuYer on September 19;2013,:and as further described inane Agreement: G. E Capital Retail Bank Monogram Credit Services;;L.L;C.. : By: t B cik : Ken Wq• — Y 1 Attorney in F t Ken Wojcik Title; EVP Collections&Recovery Date:_( Date: (Q-2.(7 _ .. _ . RFS General Electric Caprtal:Corpgratian By: � By; . Attorney in F t Ken Wojcik Attorney in Fac en Wojcik Date: -`- Bate: ��-L• f3 GE1V[Holding L L C :GEMB Lending;Inc: By: r r ttorney in.Fa Ken:Wojcik:. By: A Attorney in F t Ken Wojcik Date::: 721 13 Dated .Portfolio aces. LLC Itecuvery Associ By cr :Title: i r"> SLEEPY'S(GECRB Cardholder Name: KATHRYNUERTLER Account Number: -6352 GE Capital Retail Bank Statement Closing Date: 08/16'2013 7,N,e�Bal=� #+tt +#+#+;+#+#+#+ance $1,959.96 New Balance $0.00 rchases $0,00 Total Minimum Pay men t Doe $697.00 ts $0.00 Payment Due Date 08/1&2013 Fees&Adjustments(net) $1,959.96- PAYMENT DUE BY 5 P.M.EASTERN ON THE DUE DATE. Chu (net) $OAO We may convert Yom payment into an electronic debit. See $0.00 reverse side. Credit Limit $1,80000 Available Credit $0.00 Late Payment Warning: If we do not receive your Total Days in Billing Period 30 Minimum Payment Due by the Payment Due Date listed above, you may have to pay a late fee up to$35.00. Pay online for free at:gogecapital.com For GE Capital Retail Bank customer service or to report Yom card lost or stolen,call 1-86&396-8254. Best times to call are Wednesday-Friday. Moi#oMtB}#t +#+#+#+#+#+#+;+;+#+;+#+;+#+#+;+#+#+t Tran Date Post Date Reference Number Description Amount 08/16/2013 08/16/2013 F9073097400999990 CHARGE OFF ACCOUNT-PRINCIPALS $899.99CR 08/16/2013 08/16/2013 F9073007400999990 CHARGE OFF ACCOUNT-FINANCE $1,094.97 CR CHARGES* FEES 08/10/2013 08/10/2013 LATEFEE $35.00 TOTAL FEES FOR THISPERIOD $35.00 INTERESTCHARGED 08/16/2013 08/16/2013 INTEREST CHARGE ON PURCHASES $0.00 TOTAL INT EREST FOR THIS PERIOD $0.00 Total Fees Charged in 2013 $245.00 Total Interest Charged in 2013 $292,59 Total Interest Paid in 2013 $0,00 Expiration Date Annual Balance%bject to Interest Charge Type of Balance Percentage Interest Rate Rate(APR) Purchases NA 29.99%(v) $0.00 $0,00 (v).Variable rate 'NOTICE:See reverse side andadditional pages(if any)for important information cuncerningyour account. 5302 CXR 1 3 15 130816 ZX PAGE I of 1 9073 1000 XR92 OIEJ5302 Pay online at gogecapital.com orenclose this coupon with your check.Please use blue or black ink. t t A Payment Enclosed: $ .... . .. . New address ore-mail? Payment due includes$0.00 past due.Please pay the past due amount PROMPTLY. Check the box at left and print changes on back KATHRYNGERTLER AATA DDTFADADFFDDDTDDDDTAAFTTATTADDFAADTTTADAAADTATDFFATFADDTFFTAD 1502 MARKET Sr#2 CAMP HILL PA 1 701 1-48 15 Make Payment to: CE CAPITAL RETAIL BANK PO BOX 960061 ORLANDO,FL 32896-0061 DATFFFAAFDDAADDFDFTADAAADAFDDATFTDFADTDFDTTATFDDAFFFAADTTATDFAAAF Customer Service/Questions:For account information,please call the toll free number on the front of this statement.Unless your name is listed on this statement,your access to information on the account maybe limited.You may also mail questions (but notpayments)to:P.O.Box 965033,Orlando,FL 32896-5033.Please include your account number on any correspondence you sendd to us. Payments:Send payments to the address listed on the remittance coupon portion of this statement or pay online at www. gogecapital.com. Overnight Payments:Payments cannot be made in person,mail payments to GE Capital Retail Bank,140 Wekiva Springs Road,Longwood,FL 32779. Notice:See belowforyour Billing Rights and other important information.Telephoning about billing errors will not preserve your rights under federal law.To preserveyour rights,please write to our Billing Inquiries Address,P.O.Box 965035,Orlando, FL 32896-5035. Purchases,returns and payments made just prior to billing date may not appear until next month's statement.When you provide a check as payment,you authorize us either to use information from your check to make a one-time electronic fund transferfromyouraccountortoprocessthepaymentasachecktransaction.When we use information from your check to make an electronic fund transfer,funds may be withdrawn from your account as soon as the some day we receive your payment and you will not receive yourcheck back from your financial institution.You may choose not to haveyour payment collected electronically by sending your payment(with the remittance coupon),in your own envelope-not the enclosed remittance envelope,addressed to:PO Box 530960,Atlanta,GA 30353-0960 and not the payment address. What To Do If You Think You Find A Mistake On Your Statement: Ifyou think there is an error on your statement,write to us at GE Capital Retail Bank,P.O.Box 965035,Orlando,FL 32896-5035. In your letter give us the following information: •Account information:Your name and account number •Dollar amount:The dollar amount of the suspected error •Description of problem:Ifyou think there is an error on your bill,describe what you believe is wrong and why you be- lieve it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing,You may call us,but ffyoudoweare not required toinvestigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error,the following are true: •We cannot try to collect the amount in question or report you as delinquent on that amount. •The charge in question may remain on your statement and we may continue to charge you interest on that amount. But,If we determine that we made a mistake,you will not have to pay the amount in question or any interest or other fees - related to that amount. •While you do not have to pay the amount in question,you are responsible for the remainder of your balance. •Wecan apply any unpaid amount against your credit limit. Information About Payments:You may at anytime pay,in whole or in part,the total unpaid balance without any additional charge for prepayment. Payments received after 5:00 PM(ET)on any day will be credited as of the next day.Credit to your account may be delayed up to five days if payment(al is not received at the payment address,IN is not made in U.S.dollars drawn on a U.S.financial institution located in the U.S.,fc)is not accompanied by the remittance coupon attached to your statement,(d)contains more than one payment or remittance coupon,(e)is not received in the remittance envelope provided or If)includes staples,paper clips,tape,a folded check or correspondence of any type.Conditional Payments All written communications concerning disputed amounts,including any check or other payment instrumentthat(i)indicates that the payment constitutes"payment in full"or is tendered as full satisfaction of a disputed amount,or Pil is tendered with other conditions or limitations I"Disputed Payments"),must be mailed or delivered to us at P.O.Box 965035,Orlando,FL 32896-5035. Credits to Your Account:An amount shown in parenthesis is a credit or credit balance unless otherwise indicated.Credits will be applied to your previous balance immediately upon receipt,but will not satisfy any required payment that may be due. Credit Reports and Account Information:Ifyou believe that we may have reported inaccurate information about you to a consumer-reporting agency,please contact us at P.O.Box 965036,Orlando,FL 32896-5036.In doing so,please identify the inaccurate information and tell us why you believe it is incorrect.Ifyou have a copy of the credit reportthat includes the inac- curate information,please include a copy of that report.We may report information about your account to credit bureaus. Late payments,missed payments,or other defaults on your account may be reflected in your credit report. How We Calculate Interest:We figure the interest charge on your account by applying the periodic rate to the"daily bal- - ance"of your account for each day in the billing cycle. We then add the interest to the daily balance. To get the"daily bal- ance"we take the beginning balance of your account each day(which includes unpaid interest),add any new charges,and applicable fees,and subtract any payments orcredits.This gives us the daily balance.Any daily balance of less than zero will be treated as zero.A separate daily balance will be calculated for each balance type on your account.The balance(s)shown in the Interest Charges section of this statement is the sum of the daily balances for each day in the billing cycle divided by the number of days in the billing cycle. Bankruptcy Notice:Ifyou file bankruptcy you must send us notice,including account number and all information related to the proceeding to the following address:GE Capital Retail Bank,Attn:Bankruptcy Dept.,P.O.Box 103106,Roswell,GA 30076. Your account is owned and serviced by GE Capital Retail Bank, Hearing Impaired:TDD users call 1-877-448-8512 Use of Information About You and Your Account:Our Privacy Policy describes our collection and disclosure of information aboutyou and your Account.Ifyou would like another copy of the Privacy Policy,please call us at the customer service tele- phone number indicated on the front of this statement. This is an attempt to collect a debt and any information obtained will be used for that purpose. OIEJ5302-12-03/05/12 By providing a telephone number on your account,you consent to GE Capital Retail Bank and any other owner or servicer of your account contacting you oboutyouraccount,including using any contact information orcellphone numbersyou provide, and you consent to the use of any automatic telephone dialing system and/or an artificial or rerecorded voice when contact- ing you,even ifyou are charged for the call under your phone plan. For changes of address or phone number,please check the box and print the changes below. Retail EN-OlEJ5302 Name ❑ Street Address city State Zip Code Home Phone# Business Phone# Cell#or other phone#we can use to contact you Email Address Remember,you can update the above information as well as your e-mail address online at www.gogecapital.com Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY {�..�.J'}f fir✓', PR`.i i HO fOTAp R i %OfdMAY 23 AM10: 16 OFnC.vOPT ES!?C FF CUMBERLAND COUNTY PENNSYLVANIA Portfolio Recovery Associates, LLC vs. Kathryn Gertler Case Number 2014-2840 SHERIFF'S RETURN OF SERVICE 05/15/2014 08:17 PM - Deputy Dawn Kell, 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: Kathryn Gertler at 1502 Market Street, Camp Hill Borough, Camp Hill, PA 17011. CiS0,LL."n VLIL DAWN KELL, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, May 16, 2014 RONR ANDERSON, SHERIFF (c) CountySuite Sharif', Teleoset� Dnp Herschel Lock, Esquire 3107 N. Front St. Harrisburg, PA 17110 Tele: (717) 238-6661 E-mail; hlockesq@verizon.net Sup. Ct. Id. No.: 22691 Attorney for Defendant 2311i MAI 30 PH 12: 147 CUMBERLAND CUNT' PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, : IN THE COURT OF COMMON PLEAS LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. KATHRYN GERTLER, Defendant : NO. 14 - 2840 CIVIL NOTICE TO PLEAD TO: Carrie A. Brown, Esquire Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgement may be entered against you. r/( Herschel Lock. Attorney for Defendant PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant Kathryn Gertler, by her attorney Herschel Lock, Esquire, and raises the following Preliminary Objections to Plaintiff's Complaint: Preliminary Objections in the Nature of a Motion to Strike Plaintiff's Complaint for Failing to Conform to Law or Rules of Court. I. FAILURE TO ATTACH PROOF OF PURCHASE OF ACCOUNT 1. Plaintiff's Complaint attempts to recover a balance allegedly due on a credit card account allegedly issued to Defendant by GE Capital Retail Bank/Sleepy's. 2. Plaintiff alleges that it is the owner of this account having purchased it from GE Capital Retail Bank and five (5) other entities and attached to the Complaint a Bill of Sale allegedly evidencing the purchase. 3. The Bill of Sale references a related Receivables Purchase Agreement previously entered into by the parties to the Bill of Sale but Plaintiff failed to attach a copy of it to the Complaint, this in violation of Pa. R.C.P. 1019(i) which requires a pleader to attach to a complaint any writing on which a claim is based. WHEREFORE, Defendant requests you Honorable Court to strike Plaintiff's Complaint. II, FAILURE TO ATTACH CREDIT CARD AGREEMENT 4. Plaintiff alleges that Defendant was issued a credit card account pursuant to an agreement with terms and conditions allowing her to make purchases and requiring Defendant to make payments therefore. 5. Plaintiff has failed to attach this agreement to the Complaint in violation of Pa. R.C.P. 1019(i) which requires a copy of any writing on which a claim is based to be attached to a complaint. WHEREFORE, Defendant requests your Honorable Court to strike Plaintiff's Complaint. III. FAILURE TO ATTACH DOCUMENTATION SUPPORTING AMOUNT CLAIMED 6. Plaintiff alleges that Defendant is indebted to Plaintiff in the amount of $1,994.96 and alleges further that Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the account. 7. Despite this allegation, Plaintiff provided only a single account statement, this dated August 16, 2013, showing a balance allegedly owing of $1,959.96. 8. Pa R.C.P. 1019 requires Plaintiff to attach documentation to the Complaint that contains (a) the charges that are part of the claim, (b) the dates of the charges, (c) the credits for payments, (d) the dates and amounts of interest charges, and (e) the dates and amounts of other charges. WHEREFORE, Defendant requests your Honorable Court to strike Plaintiff's Complaint. Resp ctfully submitted. ;0/Li Cl/ DATE: Herschel Lock, Attorney for Defendant 3107 N. Front St. Harrisburg, PA 17110 Tele: (717) 238-6661 E-mail: hlockesq@verizon.net Sup. Ct. Id. No.: 22691 Herschel Lock, Esquire 3107 N. Front St. Harrisburg, PA 17110 Tele: (717) 238-6661 E-mail; hlockesq(a)verizon.nct Sup. Ct. Id. No.: 22691 Attorney for Defendant PORTFOLIO RECOVERY ASSOCIATES, : IN THE COURT OF COMMON PLEAS LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO. 14 - 2840 CIVIL KATHRYN GERTLER, Defendant CERTIFICATE OF SERVICE I hereby certify that on June 2, 2014, service of Defendant's Preliminary Objections was made upon Plaintiff by First Class United States mail, postage paid, mailed from Harrisburg, PA to: DATE: Carrie A. Brown, Esquire Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 Herschel Lock, Attorney for Defendant Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Nvey, Esquire Gregory J. Babcock, Esquire Attorney ID # 94055/201259/312686/205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff rp- •',rt 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. KATHRYN GERTLER 1502 MARKET ST CAMP HILL PA 17011 Defendant To the Prothonotary: No. 14-2840 CIVIL PRAECIPE TO DISCONTINUE Please mark the above -entitled case as discontinued without prejudice. 15-62539 Robert 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 NiPolas Jr, Esquire Mark`i 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. KATHRYN GERTLER 1502 MARKET ST CAMP HILL PA 17011 Defendant : No. 14-2840 CIVIL CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon HERSCHEL LOCK, ESQ, by First Class Mail, Postage Pre -Paid, a copy thereof on th day of 15-62539 , 2014, to: HERSCHEL LOCK, ESQ, 3107 N. FRONT T, HARRISBP 17110 Robert 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.