Loading...
HomeMy WebLinkAbout14-3667 Supreme Court off COu sof Comnnon Pleas (' ��� For Prothonotary Use Only: 'MMESTAMP Ci"-* 4 ver,,9'&t Docket No: cum °County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefing and 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 Juris diction E]Declaration of Taking T, Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES,LLC SONJA OTTO I O Are money damages requested? N Yes ❑ No Dollar Amount Requested: X within arbitration limits N (Checkone) outside arbitration limits A Is this a Class Action Suit? ❑Yes N No Is this an MDJAppeal? ❑ Yes N No Name of Plaintiff/Appellant's Attorney:Robert N.Polas,Jr./Carrie Brown/Mark R Garvey ❑ Check here if you haw no attorney(area Self-Represented[Pro Se]Litigant) I 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.APPFAIS ❑ 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 S ❑ Product Liability(does not include E mass tort) ❑ Employment Dispute: ❑ Slander/IabetlDefamation Discrimination ❑ Zoning Board C ❑ Other: ❑ Employment Dispute:Other ❑ Other: T I ❑ Other: Q MASS TORT N ❑ Asbestos ❑ Tobacco ❑ To)ac Tort-DES REAL PROPERTY MLSCF LLANI@OUS Bi ❑ Toadc Tort-Implant ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ To)ac Waste ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Other: ❑ hound 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: 15-65174 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 i 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 n 120 CORPORATE BLVD NORFOLK, VA 23502 No. Plaintiff, V. SONJA OTTO 760 PETERSBURG 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 S 32 South Bedford Street Carlisle, PA 17013 � (717) 249-3166 l� 15-65174 pd C� This conmim ication 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. SONJA OTTO 760 PETERSBURG 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 faffa 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 LAMNIE 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 15-65174 Esta cornur icacion es d.e un cobrador de deudas y es un intent do cobrar Ma deuda. Cualquier infron-ac.ion sera utilizida para csc 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 COUNIY, PA CIVIL ACTION- LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff, No. V. SONJA OTTO 760 PETERSBURG 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, SONJA OTTO, is an adult individual with last known address of 760 PETERSBURG RD, CARLISLE PA 17015. 3. It is averred that Defendant was indebted to U.S. BANKNATIONAL ASSOCIATION on February 1, 2004 with account number ************8829(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 corTnnunication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. A copy of the charge off statement is attached hereto and collectively marked as Exhibit "A" 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 June 25, 2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest U.S. BANKNATIONAL ASSOCIATION 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$10,221.37. 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, SONJA OTTO, in the amount . 0,221.37, plus costs of is a ion and any other relief as the Court deems just and reasona Brown, Esquire, #94055 Robert N. Polas, Jr., Esquire, #201259 Mark R. Garvey, Esquire, #312686 Attorneys for Plaintiff 15-65174 17his communication is fiom a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. VERIFICATION The undersigned Custodian ofRecords for Portfolio Recovery Associates, LLC, Joann F.Cuffee 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: MAY Q 1. 2014 By: Joann F. Cuffee Custodian of Records 15-65174 This coma unication 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. EXHIBIT B BILL OF SALE AND ASSIGNMENT OF ASSETS The undersigned Assignor ("Assignor') hereby absolutely sells, transfers, assigns, sets-over, quitclaims and conveys to Portfolio Recovery Associates, LLC, a limited liability company organized under the laws of Delaware ("Assi nee") on an "AS IS" and "WITH ALL FAULTS" basis, without recourse and without representations or warranties of any type, kind, character or nature, express or implied, all of Assignor's right, title and interest in and to each of the assets identified in the Asset Schedule ("Asset Schedule") attached hereto as Exhibit A (the "Assets"),together with the right to collect all principal, interest or other proceeds of any kind with respect to the Assets remaining due and owing as of the date hereof(including but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Assets into cash or other liquidated property, including, without limitation, insurance proceeds and condemnation awards),from and after the date of this Bill of Sale and Assignment of Assets. DATED: October 25, 2013 ASSIGNOR: U.S. Bauk National Association By: 0 A au" Name(p n : oel G. R bmann Title: Sr. i e President By: NaKe(print): C1 CIu eI Title: USD PRIME APPROVED 10/10/2013 bank. December 2012 Statement Page 1 of 2 Open Date: 11/06/2012 Closing Date: 12/31/2012 Account: 8829 REI Visa®Signature Card Cardmember Service C 1-877-734-6060 SONJA OTTO BNK 35 New Balance . Activity Summary Minimum Payment Due $d;0l1 Previous Balance + $9,778.59 Payment Due I71ete X11 /ZQ13 Payments $0.00 Other Credits - $9,586.65CR Lite Payment Warning if yve do not reserve:your Purchases $0.00 m,nmum payment try the date Itsted'above,you may haue Balance Transfers $0.00 to ply up to a$35 00 Late Fee Advances $0.00 Other Debits $0.00 Fees Charged - $130.00CR Interest Charged - $504.72CR New Balance = $9,586.65 Past Due $0.00 Minimum Payment Due $0.00 Revolving Line of Credit None Revolving Line Available None Days in Billing Period 56 Mail payment coupon Pay online at Pay by phone Payment Options: with a check reivisa.com �� 1-877-734-6060 Please detach and send coupon with check payable to:U.S.Bank bank. 8829 Account Number 8829 Payment Due Date 1/25/2013 24-Hour Cardmember Service: 1-877-734-6060 New Balance $9,586.65 .f to a b hone Minimum Payment Due $0.00 pay YP to change your address Amount Enclosed $ 000000422 1 SP 106481941203202 S U.S. Bank SONJA OTTO P.O. Box 790408 760 PETERSBURG RD CARLISLE PA 17015-9231 St.Louis, MO 63179-0408 �I����I�Ir�ll��lllll�ldl�l������l�lhll'�IIII'��Ill�l���lll�h�l �"'I�'I�'II�������i111111�1ih1��nhIIJIiJu'll�li�ll�nl�lll What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement,please call us at the telephone number on the front of this statement,or write to us at: Cardmember Service,P.O.Box 6335,Fargo,ND 58125-6335. In your letter or call,give us the following information: ►Account information:Your name and account number. ►Dollar amount:The dollar amount of the suspected error. ►Description of Problem:If you think there is an error on your bill,describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement.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. ►We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card,and you have tried in good faith to correct the problem with the merchant,you may have the right not to pay the remaining amount due on the purchase. To use this right,all of the following must be true: 1.The purchase must have been made in your home state or within 100 miles of your current mailing address,and the purchase price must have been more than$50.(Note:Neither of these are necessary if your purchase was based on an advertisement we mailed to you,or if we own the company that sold you the goods or services.) 2.You must have used your credit card for the purchase.Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3.You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase,contact us in writing at:Cardmember Service,P.O.Box 6335, Fargo,ND 58125-6335 While we investigate,the same rules apply to the disputed amount as discussed above.After we finish our investigation,we will tell you our decision.At that point,if we think you owe an amount and you do not pay we may report you as delinquent. Important Information Regarding Your Account 1.INTEREST CHARGE:Method of Computing Amount Subject to Interest:We calculate the periodic rate or interest portion of the INTEREST CHARGE by multiplying the applicable Daily Periodic Rate("DPR")by the Average Daily Balance("ADB")(including new transactions)of the Purchase,Advance and Balance Transfer categories subject to interest,and then adding together the resulting interest from each category.We determine the ADB separately for the Purchases,Advances and Balance Transfer categories.To get the ADB in each category,we add together the daily balances in those categories for the billing cycle and divide the result by the number of days in the billing cycle.We determine the daily balances each day by taking the beginning balance of those Account categories(including any billed but unpaid interest,fees,credit insurance and other charges),adding any new interest,fees,and charges,and subtracting any payments or credits applied against your Account balances that day.We add a Purchase,Advance or Balance Transfer to the appropriate balances for those categories on the later of the transaction date or the first day of the statement period.Billed but unpaid interest on Purchases,Advances and Balance Transfers is added to the appropriate balances for those categories each month on the statement date.Billed but unpaid Advance Transaction Fees are added to the Advance balance of your Account on the date they are charged to your Account.Any billed but unpaid fees on Purchases,credit insurance charges,and other charges are added to the Purchase balance of the Account on the date they are charged to the Account.Billed but unpaid fees on Balance Transfers are added to the Balance Transfer balance of the Account on the date they are charged to the Account.In other words,billed and unpaid interest,fees,and charges will be included in the ADB of your Account that accrues interest and will reduce the amount of credit available to you.Credit insurance charges are not included in the ADB calculation for Purchases until the first day of the billing cycle following the date the credit insurance premium is charged to the Account.Prior statement balances subject to an interest-free period that have been paid on or before the payment due date in the current billing cycle are not included in the ADB calculation. 2. Payment Information: You must pay us in U.S.Dollars with checks or similar payment instruments drawn on a financial institution located in the United States. We will also accept payment in U.S.Dollars via the Internet or phone or previously established automatic payment transaction. We may,at our option,choose to accept a payment drawn on a foreign financial institution. However,you will be charged and agree to pay any collection fees required in connection with such a transaction. The date you mail a payment is different than the date we receive that payment. The payment date is the day we receive your check or money order at U.S.Bank National Association ND,P.O.Box 790408,St.Louis,MO 63179-0408 or the day we receive your electronic or phone payment.All payments by check or money order accompanied by a payment coupon and received at this payment address will be credited to your Account on the day of receipt if received by 5:00 p.m.CT on any banking day.Mailed payments that do not include the payment coupon and/or are mailed to a different address will be processed within 5 banking days of receipt and credited to your Account on the day of receipt.In addition,if you mail your payment without a payment coupon or to an incorrect address,it may result in a delayed credit to your Account,additional INTEREST CHARGES,fees,and possible suspension of your Account.Internet and telephone payment options are available,and crediting times vary(but generally must be made before 5:00 p.m.CT to 8 p.m.CT depending on what day and how the payment is made). If you are making an internet or telephone payment,please contact Cardmember Service for times specific to your Account and your payment option. Banking days are all calendar days except Saturday,Sunday and federal holidays.Payments due on a Saturday,Sunday or federal holiday and received on those days will be credited on the day of receipt. 3.Credit Reporting:We may report information on your Account to Credit Bureaus.Late payments,missed payments or other defaults on your Account may be reflected in your credit report. embank. December2012 Statement 1110612012- 12/31/2012 Page 2 of 2 SONJA OTTO Cardmember Service t� 1-877-734-6060 important Ntessages Each time you or a third party on your behalf, pays your bill by personal check, you authorize us to convert that payment into an electronic debit. If the check is processed electronically, the checking account will be debited for the amount on the check and the debit will appear on your account statement. If you have any questions, please contact us at the Inquiries phone number.located on this statement. Transactions >> Payments and Other Credits Post Trans Date . Date Ref# Transaction Description Amount 12/31 CHARGE OFF $9,586.65CR TOTAL THIS PERIOD $9,586.65CR Fees Post Trans Date Date Ref# Transaction Description Amount 12/31 REVERSAL OF LATE PAYMENT FEE $95.00CR 12/31 REVERSAL OF OTHER FEES AT CHARGE OFF $35.000R TOTAL FEES THIS PERIOD $130.000R Interest Charged Post Date Transaction Description Amount 12/31 INTEREST REVERSAL $504.72CR TOTAL INTEREST THIS PERIOD $504.72CR 042"totals Year_to-Date ................. Total Fees Charged in 2012 $25.00 Total Interest Charged in 2012 $583.31 1nfgrest Chalrge Calcination .. ._................................................... . ... ..... .._ . ._. _. . .. ... ... Your Annual Percentage Rate(APR)is the annual interest rate on your account. APR for current and future transactions. Balance Annual Expires Balance Subject to Interest Percentage with Interest Balance Type By Type Interest Rate Variable Charge Rate Statement Free Period "BALANCE TRANSFER $0.00 $0.00 YES $0.00 12.24% NO "PURCHASES $10,221.37 $10,221.37 YES $191.94 12.24% YES "ADVANCES $0.00 $0.00 YES $0.00 23.99% NO To'reduce or avoid paying additional fees and interest charges on your purchase balance,pay the total new balance of $9,586.65 by 01/25/13.Any cash balance or balance transfer balance will continue to accrue daily interest until the date your payment is received. End of Statement 7. 14 JIM_ - 7 CUMBERLAND COUNT ` PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, v. : NO: 14-3667 SONJA OTTO, DEFENDANT : CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Sonja Otto, by and through her attorney, Paul C. Primrose, Esquire, who files Preliminary Objections to the Plaintiffs Complaint, and avers as follows: First Preliminary Objection — Pa. R.C.P. § 1028 (a)(5) — lack of capacity to sue 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by U.S. Bank National Association. 2. Plaintiff claims to be the purchaser, assignee and/or successor in interest of the account from U.S. Bank National Association. 3. Plaintiff attached to complaint what it purported to be a true and correct copy of the Plaintiffs Bill of Sale to the Complaint as Exhibit A. 4. The Bill of Sale does not reference defendant in any way. 5. The Bill of Sale was not signed by the Plaintiff. 6. The forgoing amounts to a violation of Pa. R.C.P § 1019(i) in that Plaintiff has not included the material portion of the contract that Plaintiff relies on for capacity to sue. 7. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. § 1028 (a)(5) lack of capacity to sue . Second Preliminary Objection — Pa. R.C.P. No. 1028(a)(4) — Demurrer 8. Plaintiff alleges in the Complaint that Defendants failure to make objection to copies of Statements of Accounts constitutes an account stated cause of action in this case. 9. Plaintiff did not plead any other fact beyond the alleged failure of Defendant to object to the amount alleged in the billing statement in support of Plaintiffs account stated cause of action. 10. Without any fact in support of mutual assent beyond mere failure to object, Plaintiff cannot proceed on an account stated cause of action. 11. Plaintiff has failed to sufficiently plead a cause of action for account stated. 12. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P § 1028 (a)(4). Third Preliminary Objection — Rule 1028 (a)(3) — Insufficient specificity in a pleading. 13. The Complaint alleges damages in the amount of $10,221.37. 14. A copy of the charge of statement is attached to the complaint as Exhibit A and lists an alleged balance of $9,586.65. 15. Plaintiff has failed to provide any detail related to the amount claimed. 16. Plaintiff has failed to provide any detail related to dates of debts incurred, amounts incurred on each date, amounts of payments, or dates of accrual and amounts of interest charges and fees. 17. Plaintiffs complaint fails to conform to the requirements of Pa.R.C.P. 1019 and Pa.R.C.P. 1028(a)(3). Fourth Preliminary Objection Pa.R.C.P. 1028 (a)(2) — failure of pleading to conform to law or rule of court 18. Plaintiffs claim is based on some sort of agreement. 19. Pa.R.C.P. 1019(h) indicates that when a claim is based on an agreement, the pleading shall state specifically if the agreement is oral or written. 20. Plaintiffs pleading failed to state specifically if the agreement was oral or written. 21. Insofar as Plaintiff is claiming special damages, Plaintiff has failed to include a copy of the written agreement which would allow for collection of special damages, in violation of Pa.R.C.P. 1019(i) 22. Accordingly, Plaintiffs complaint fails to conform to the requirements of Pa.R.C.P. 1028(a)(2) WHEREFORE, Defendant demands that these preliminary objections be sustained,and the Court dismiss this action with prejudice. Date: —1 ) Respectfully submitted, Paul C. Primrose, Esquire I.D.#315016 325 South Hanover Street Carlisle, PA 17013 (717)623-3104 (phone) Attorney for Defendant PORTFOLIO RECOVERY ASSOCIATES, LLC, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, v. : NO: 14-3667 SONJA OTTO, DEFENDANT : CIVIL ACTION — LAW CERTIFICATE OF SERVICE AND NOW, this 7th day of July, 2014, I, Paul Primrose, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United State Mail, First-class mail, postage prepaid addressed to the following: Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 Respectfully submitted, Paul Primrose, Esquire ID No. 315016 325 South Hanover Street Carlisle, PA 17013 717-623-3104 (phone) Attorney for Defendant Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY iPROT IC, t ti JUL -9 H C,. 37 CUkPENNSYLVA COUNTYBERLAND A Portfolio Recorvery Associates, LLC vs. Sonja Otto Case Number 2014-3667 SHERIFF'S RETURN OF SERVICE 06/20/2014 03:19 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be David Redin, Family friend, who accepted as "Adult Person in Charge" for Sonja Otto at 760 Petersburg Road, South Middleton, Carlisle, PA 17013. CHRISTO E SHARPE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, June 26, 2014 RONNY R ANDERSON, SHERIFF icj CountySuite Sheriff, Teleoseft inc.