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Home My WebLink About14-4049 aSyreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: / - j / ^ Cumberland County (_!//J The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the ftling and service of pleadings or other papers as required by law or rules of court. Commencement of Action_ ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ElDeclaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: TABITHA SHIRLEY C PORTFOLIO RECOVERY ASSOCIATES LLC Are money damages requested? ® Yes ❑No Dollar Amount Requested: ® within arbitration limits (Check one) ❑ outside arbitration limits 0 N Is this a Class Action Suit? ElYes ® No Is this an MDJ Appeal? ❑Yes No A Name of Plaintiff/Appellant's Attorney: Syretta Martin, Frank Janello, Beth Arnold Howell/Greg Dye ❑ 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 Koebt uyer Plaintiff Administrative Agencies El Malicious Prosecution ebt Collection: Credit Card ❑ Board of Assessment El Motor Vehicle Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E ❑ Product Liability (does not include ❑Employment Dispute: mass tort) C ❑ Slander/Libel/Defamation Discrimination T ❑ Other: ❑Employment Dispute: Other ❑ Zoning Board 1 ❑ Other: 0 N ElOther: MASS TORT ❑ Asbestos ❑ Tobacco B ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partion ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 111120 2931989 PPTXCPRI(05/06/2014) 111111111 ILII 111111111111111111 VIII VIII 11111 ILII VIII VIII IIII VIII IIII • s Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, ° 1835 Market Street, Suite 501 PORTFOLIO RECOVERY ASSOCIATES LLC Philadelphia, PA 19103 800-850-1079 G � - PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLrAA�O' Q 1835 Market Street, Suite 501 -ALP " p Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION 9 / COG No. Iq „t. TABITHA SHIRLEY 66 SCHOOL HOUSE RD GARDNERS PA 17324 Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 800-990-9108 0 � 11/0- 2931989 �^� ` ' b�v V PTNPRAI (04/24/2014 IIIIIIII IIIII IIII 111111 II 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIII IIII _ 3�3 AVISO Le han demandado a usted en la corte. Si usted quiere defen derse de estas demandas expuestas en las paginas siguientes, usted tiene veinte dias de plazo al partir de la fecha de la demanda y la notificacion. Hase falta ascentar una comparencia escrita o en persona o con un aboga do y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisa do que si usted no se de fiende la corte tomara medidas y puede continuar la demanda en contra suva sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propieda des u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 800-990-9108 Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Greg Dye, Esq. PA Bar #205316 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 800-850-1079 FAX: (215) 564-3818 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. TABITHA SHIRLEY 66 SCHOOL HOUSE RD GARDNERS PA 1.7324 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(s), TABITHA SHIRLEY, is/are an adult individual with last known address of 66 SCHOOL HOUSE RD GARDNERS PA 17324. 3. It is averred that Defendants) opened an account on 06-01-1 1 with account number XXXXXXXXXXXX9769 (hereafter referred to as "Account"). A copy of the charge-off statement is attached hereto and collectively marked as Exhibit "A". 4. By using the Account, Defendant(s) agreed to repay any incurred balances, charges and/or cash advances made to the Account. Failure to pay Defendant(s) incurred charges on the Account is considered a default. 2931989 PPTCPRAI (05/27/2014) 1111111111111 IN 111111 I 11111111111111111111111111111111111111111111111111 5. At all relevant times material hereto, Defendant(s) has used said Account for the purchase of products, goods, and/or for obtaining services. 6. Defendants) was provided with copies of Account statements showing debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant(s). 7. Defendant(s) was in default with respect to that debt for failure to make the required payments on the Account. The last payment date on this Account was on or about 10-16-2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest of GE CAPITAL RETAIL BANK and Plaintiff is now the holder of the Account. A true and correct copy of Plaintiff's Verification is attached hereto. 9. As of the date within the Complaint, the remaining balance due, owing and unpaid of Defendant(s) Account, as a result of Defendant(s) and/or any authorized user's of said Account is in the sum of $1825.60. 10. Despite reasonable and repeated demands for payment, Defendant(s) has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all of the damage and detriment of the Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of Plaintiff and against Defendant(s) TABITHA SHIRLEY, in the amount of $1825.60, plus costs of this action and any other relief as the Court deems just and reasonable. Respectfully Submitt ' S Dated: ✓ yretta Marti , Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Greg Dye, Esq. PA Bar #205316 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 800-850-1079 FAX: (215) 564-3818 Attorneys For Plaintiff BHLM REF #: 2931989 VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Lecinda Shinmon-Walke 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: JUN -R 2n94 By: Leci S ' mon-Wal ker Custodia o ecords BHLM REF #: 2931989 PPTXPVRI (05/27/2014) Exhibit " A " 2931989 PPTXEXAI ( 04/17/2014 ) HOME DESIGN-NHFA/GECRB Cardholder Name: TABITHA N SHIRLEY GE Mone Account Number: 9769 Money - Statement Closing Date: 05/21/2013 Summary of Account Activity Payment Information Previous Balance $1,790.60 New Balance $0.00 + New Purchases $0.00 Total Minimum Payment Due $689.00 Payments $0.00 Payment Due Date 05/23/2013 +!- Credits,Fees 8 Adjustments(net) $1,790.60- PAYMENT DUE BY 6 P.M.EASTERN ON THE DUE DATE. +/- Interest Charge(net) $0.00 We may convert your payment into an electronic debit. See New Balance $0.00 reverse side. Credit Limit $1,500.00 Available Credit $0.00 Late Payment Warning:If we do not receive your Total Days in Billing Period 29 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 your card lost or stolen,call 1-866-396-8254. Best times to call are Wednesday-Friday. Transaction Summary Tran Date Post Date Reference Number Description Amount 05/21/2013 05/21/2013 F9073004DO0999990 CHARGE OFF ACCOUNT-PRINCIPALS $1,013.04 CR 05/21/2013 05/21/2013 F9073004DO0999990 CHARGE OFF ACCOUNT'FINANCE $812.56 CR CHARGES` FEES 05/15/2013 05/15/2013 LATE FEE $35.00 TOTAL FEES FOR THIS PERIOD $35.00 INTEREST CHARGED 05/21/2013 05/21/2013 INTEREST CHARGE ON PURCHASES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2013 Totals Year-to-Date Total Fees Charged in 2013 $175.00 Total Interest Charged in 2013 $163.06 Total Interest Paid in 2013 $0.00 Interest Charge Calculation Expiration Date Annual Balance Subject to Interest Charge Type of Balance Percentage Interest Rate Rate(APR) Purchases NA 29.99% $0.00 $0.00 NOTICE: See reverse side and additional pages(if any)for important information concerning your account. 5302 CXn 1 3 20 130521 ZX PAGE 1 of 1 9073 3100 XP68 OlEJ5302 Pay online at gogecapital.com or enclose this coupon with your check.Please use blue or black ink. —I Total Minimum Past Due Payment New Account Number Payment Due Amount Due Date Balance $689.00 $0.00 05/2312013 $0.00 9769 Payment Enclosed: $ ❑❑❑❑ ■ ❑❑ New address or e-mail? Payment due includes$0.00 past due.Please pay the past due amount PROMPTLY. Check the box at left and print changes on back TABITHA N SHIRLEY 5 STRAWBERRY LN CARLISLE PA 17013-1064 Make Payment to: GE CAPITAL RETAIL BANK PO BOX 960061 ORLANDO,FL 32896-0061 Cratpmer ServlcarQuestfons:For account informatkxy please cab the td/free number on the front of this statement.Unless your name is listed on this stitement,your access to information on the account may be limited You may also mail questions(bur not payments)to.,P.Q Box 981127,BPaso,7X79998-1127.Please include youraccountnumberanany eortespondence yousendtous Payments Send payments to the adaless listed on the remittance coupon portion of this statement or pay online at www.gemoneu.com. Overnight Fhyments:payments cannot be made in person,malIpayments to.,GEMoney Beni;140 Weldva Springslaad Longwoc4 8-32779 Notice:See below foryourHBmg Rghis andother lmpatant information.Telephoningabout bilfingenors will not preserve your rights under federallaw.Topreserve your dght.please wrttetoour B111ngInquiries Addmss,P.Q$rx981438,BResg7X79998-1438. Purchases retumsandpaymentsmade)ustprlortobllftdatemay not appear until nenextmonth'sstalenient.Wereserve the right to obtain payment electmnkafly for any check or other instrument that you send to us by Inllatng an ACH(electronk)debit in the amount of your check or instrument to yo raccount.lbw check orirstnrment will not be retumed to you by us or your bank lour bank account maybe debited as early as the same day we receive your payment.Ybu may choose not to have your payment collected electronically by sending your payment(with the remittance coupon),in your own envelope-not the enclosed remittance envelope,addressedto.,POBox530960,Atlanta,6430353-0960 andnot the payment address What To Do If You Think You Rnd A Mistake On Your Statement If you think there is an error on your statement,write to us at:GE Money Bank PQ Box 981438,B Paso,7X79998-1438.In your letter give us the following I formation:.Account information:Your name and account number.Dollaranourrt:fie dodaramwM ofthesuspectedermr.Dewdpton d problem:t youthfnkthereisan enoron yanbill,describe what youbefievu fswroWarhd why you be8eve k a a mistake.1bu must oontact us within 60 daysafterthe error appeared on your statement.You must notty us of any potential errors in wntind You may cad us but t you do we aro not required to Investigate any potential errors and you may have to pay the amount in question.WMIe we Investigate whether or not there hasbeen an error,the to/bwirg are true: .We cannot try to collect the amount in question ormport you as delinquent on that amount..Rhe charge in question may remain onyourstatement andwe may continue to chargeyouintereston thatanxxinf.But,IF we determine ttat we made a mistake,you will not have to pay the amount in question orany(merest or other fees related to that amount..While you db not have to pay the amount in qursbxn,you are reeposfble for the remainder of your balance..We can app/yanyunpaldamoumagairsl youraedalimrt. iour Rights If You Are Dissatisfied With NwrCredit Card Purchaseslfyou are dissatisfied with the goodsorservkes that you have puachasedwith youraedd car%and youhave Inedin goodfaith tocorrect theprobktn with the mer chant,youmay have theright not to pay the remaining amount due on the purchase.To use t isright,ad of the followingmkst be true.1)The purchase must have been made in yourhome state orwithin 100 mdesof yowcurrem mailing address,and the prurohase price must have been more than$50. #Note:Neither of these are necessary if your purchase wasbased on an advertisement we mailed to you,tuff we own the company that sokl you the goofs orservfces)2)Nur must have used your audit card for the purchase.Purchases made with cash advances from anATMorwitha checkthat accessesyouraedt cardaocountdonot qualify.3)loumust not yet have fully paldforthe pum-base. tad df the criteria above are met and you are still dissatefied with the purchase,contact uusin wrfthg at.PO.Box981438,B Fes%7X 79998-1438.While we Irhvesffgate,the same rulesappy to the disputedanwWas dsaussedabove.Afterwe finish o rimestgation, we wdltedyouowdwldon.At that pent,twetNrikyouoweanamowKandyoudo not pay v.emayreport youasdelimryem. InfornationAbont Payments You may pay more than the Total Minimum Payment at anytime.Paymentsmceived after6A0 FM (E7)onanydaywdlbeaeditedasofthenext day.CMM toyanaeeountmaybedelayeduptofivedaysifpaymem(a)isnotmceledat the paymemaddmee;(D)isnotmade in U.S d o larsdrawn on U.S finandalirutitutoniocated in the U.S,(c)isnotaccompanledby the remittance coupon attached to your statement,(d)cdntai smae than one payment ortemittance carport(e)Is not recelved in the remittance envelope provided or(T)includes staples,paper cops tape,a folded check or correspondence of arty type.Gbnditional payments Al written commuMcatkrrs concerning dkptrted amounts,Inducing any check or other payment Istrumem that:() Indicates that the payment eohsttmes')3aymem in fust"oristendered as full satisfaakm ofa d4xded amaum,or(i)is tenderedwith othercmftb sodmdations(DaputedPayments l must be madedordelivered tousat PQ 11ar981438,BPaso,7X79998-1438. Credits to Your Account:An amount shown with a CRnext to the amort is a credit orcredit balance unless otherwise Indicated Oeditswldbe applied toyo rprevio usbalance immeciat*irpahrecelpt,but wdinotsatiely any required payment thatmay be due. Telephone Monitoring:For quality controlpurposea,you permit us to listen to orrecord tekphore ca/6 between you and urs Qecit Reports andAeownt information:lfyoubeileve that we mayhavereportedinaccwate Idornatlonabout youtoa consumer- rep rtingagency,pleasecontactusatP.QBdx981439,BPas%7X79998-1439.Indoingso,pleasekiemifythe Inaccurate Information andteduswhyyouberieveitisk=tred.tyouhaveacopy oftheaeditmIxi tthatindudesthelnaccuratefnformaton please/nchde a copy of that report.We may report information abort youraecoum to credit bureaus Late payment;missed payments,or other defaultsam yo raeoourd mayberefkced in yo rcreditreport. Variable We Information:Karry ol yourAPRs are variable,that APRwdi vary with the market based an the Atme/tate. How Long Wi11theFenaltytbteAppyT tyourARaarL-kxveasedberauseyatmadealatepaymem,thePnaltyAPRwNapplyum8 youmakesbroaseartiveminimum paymemswhendue. How We Calculateinterest:We usea metrodcaffed'dfally balance':During bddngcydesln whkh lmemaischarge%foreach balance type on your account we figure the(merest charge on your account by applying the pedodlc rate to the'flatly balanoe"of yon account for each day in the billing cycle.A separate daily balance will be calculated for the fo/bwing balance types as applicable: purchases,balance transfers,cash advances and other balances that are subject to different Interest rates plans or special promotions First,we detemikre the`datybalarce".Todetermine the clafybalance,we take thebeginningbalance each day,addany new charges and fees pasted that day,and subtract any payments and credits pasted that day.This gives us the daily balance. Second we calculate the amount offntemst charged To dN this,we mLdt4*the applicable daily rate by each daily balance on your account.Thin%we add the interest amount to the delybabno%and the sum will become the beginning balance for the following day. Nwrinterest charge for the biting cycle is the sum of the Interest a moun is t is t were charged ea ch day during the billing cycle for each be la nee type.We charge a minimum of$2ofinterest inany Wring cycle in which you owe Interest. Paying Interest:Yourdue date is a t lea st 23 days afterthe dose death bddngcycle.We will not charge you any interest on purchases tyoupayyourentim balanceby the due date each month We wNbegin charginginterest on cash advancesandbalance transfers If applkabk,on the transaction date. Bankruptcy Notice.If you file bankruptcy you must send us notice,Inducing account number and ail imamatlon related to the proceeding to the following addiea:GEMany SankAtin:B3nkruptcyDept,PQ BOX 103106,Rrsveq 6430076. Yanaccount isownedandservkxdbyGEMoney Bank. For complete terms arid conditions,ofyaoaccount,corsudyourOwN QrdAgmemem. Hearing Impaired:TDDuserscall 1-877-448-8512 OIEJ5302-8-06122110 Use of In for;nation About You andYour Account:Our PiftcyFbficy dasaffiesour collection anddisclosure of/mamatbnabout you and your Account.If you would IRe another copy of the Alvacy Policy,please cad us at the customer service telephone number indica tedon the from of thissia tement. This Is an attempt to coiled a debt and any frdamaton obtained will be used for that purpose. By provid ng a telephone numb" onmy account,I consent to GEMoney Bank and any other owner or servicer of my account ahmactngmeaboutmy account,Irhdudlrgustnganyco tad imamation orcell phone numbersl prw/de,andiconsent tothe used myautomatic telephone dialing system andforanartificial or rerecorded voice when contacting me,even IF/amchargedfor the call undermyphone an For changes of addmss phone number andror email,please check the box and prim the changes below or vied us online at www.gemoneycom. Name Street Andress cad St. BO Pone# EmaY rM.�kb.a e. srr kahp.n.orm..pan.r hm.raar� .em",aeronvrt ryo. BYPROWDING iOURSWLADDR=YOUAGfd£7O R EBWBNNL OOYY W NYICRMAMUTYOURAOQDUNTANDA MGG FERWISS/ON FORUS7URWWDEYOURBNNLADDIESS MTHEDEALERNRCHANDFRO1r DEWIEMLB2ALCEFtNG YDURC4RD Syrgtta Martin, Esq. PA Bar #309370 - Frank Janello, Esq. PA Bar #315643 ,: Beth Arnold Howell, Esq. PA Bar #203606f, � 0 Greg Dye, Esq. PA Bar #205316 �Q Blatt, Hasenmiller, Leibsker & Moore, LLC Mf(�JJJL 1835 Market Street, Suite 501 e '0 Ptj �! Philadelphia, PA 19103 UI�EE�C�N v TELE: 215-564-1567 FAX: 215-564-3818 PEE IV. }.N COU. PORTFOLIO RECOVERY ASSOCIATES LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION -� 04 No. vs. 'ILA. LAU-Pi TABITHA SHIRLEY 66 SCHOOL HOUSE RD GARDNERS PA 17324 Defendant(s). PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTIFF PORTFOLIO RECOVERY ASSOCIATES LLC. Papers may be served at the address set forth below: Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Telephone Number: 1-215-564-1567 BLATT, HASENMILLER, LEIBSKER & MOOREi 5 Dated: `— By: Syrett . PA Bar #309370 Fra Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Greg Dye, Esq. PA Bar #205316 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 215-564-1567 FAX: 215-564-3818 Attorneys For Plaintiff 2931989 PPTXPEAI (05/12/2014) 11111111111111 IN 111111 11111111111111111111111111111111111111111111111 IN SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson F' LEO -OF lC E Sheriff 3FTHE PROTHONOTAR lc, r 2014 JUL 31 AM 10: 38 CUMBERLAND COUNTY PENNSYLVANIA Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF T14E $''_RIFF Portfolio Rocovery Associates LLC do Blatt, Hasenmiller, Leibsker & M vs. Tabitha Shirley Case Number 2014-4049 SHERIFF'S RETURN OF SERVICE 07/22/2014 06:49 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: Tabitha Shirley at 66 School House Road, South Middleton, Garnders, PA 17324. 16 -01 - DAWN nnDAWN KELL, DEP SHERIFF COST: $40.43 SO ANSWERS, July 28, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RONIVR ANDERSON, SHERIFF Portfolio Recovery Associates, LLC Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA C � v. : Docket No. 14-4049 co rn Tabitha Shirley • cri Defendant : CIVIL ACTION c:)- -, • nt — DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT (Si --a NOW COMES the Defendant, Tabitha Shirley, by and through her attorneyJaime M. Haley, Esquire and MidPenn Legal Services, and. files these Preliminary Objections to Plaintiff's Complaint and in support thereof avers the following: 1. Portfolio Recovery Associates, LLC (hereinafter "Plaintiff") filed a complaint in this Honorable Court against Tabitha Shirley (hereinafter "Defendant") on July 10, 2014. 2. Said Complaint alleges that Defendant is liable to Plaintiff in the amount of $1,825.60 in addition to an unspecified amount in costs. 3. The cause of action is based on a past -due balance on a credit card account allegedly issued to Defendant by GE CAPITAL RETAIL BANK. MOTION TO STRIKE/ INSUFFICIENT SPECIFICITY OF PLEADING 4. The preceding paragraphs are incorporated herein as if fully set forth below. 5. "The law recognizes a lawsuit based on an account stated where the complaint describes discussions between the parties or other back and forth communications as to the amount that is due." Target. National Bank/Target Visa v. Samanez, Court of Common Pleas of Allegheny County, Pennsylvania, docket number AR07-009777; Target National Bank/Target Visa v. Celesti, Court of Common Pleas of Allegheny County, Pennsylvania, docket number AR06-009418, at 5 (December 19, 2007) . 6. "There cannot be an account stated without evidence showing an agreement (either express or implied) that the defendant owes the amount set forth in the account." Target National Bank/Target Visa v. Samanez, Court of Common Pleas of Allegheny County, Pennsylvania, docket number AR07-009777; Target National Bank/Target Visa v. Celesti, Court of Common Pleas of Allegheny County, Pennsylvania, docket number AR06-009418, at 9 (December 19, 2007) 7. Plaintiff did not allege any back and forth communications between the parties relative to the alleged amount due even though Pa. R.C.P. No. 1029(a) requires that the "material facts" upon which a cause of action is based shall be stated in a concise and summary form. 8. In Paragraph (6) Plaintiff avers that "Defendant was provided with copies of Account statements showing debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant(s)." 9. Plaintiff does not attach any of the statements Plaintiff alleges Defendant received as required by Pa.R.C.P Rule 1019(i). 10. Plaintiff does not aver how, when, or by whom Defendant was allegedly provided with these statements. 11. Plaintiff implies that a Statement of Account exists because Defendant failed to object upon alleged receipt of these statements in paragraph (6) of the Complaint. 12. "The failure to object cannot be construed as assent to pay the amount set forth in the statement unless the creditor can plead facts in addition to the failure to object to the invoice which show an express or implied agreement to pay the amount set forth in the invoice. "Target National Bank/Target Visa v. Samanez, Court of Common Pleas of Allegheny County, Pennsylvania, docket number AR07-009777; Target National Bank/Target Visa v. Celesti, Court of Common Pleas of Allegheny County, Pennsylvania, docket number AR06-009418, at 6 (December 19, 2007). 13. Plaintiff did not set forth additional facts to show an express or implied agreement to pay the alleged amount due after Defendant received Account statements. 14. Plaintiff has not established an account stated cause of action nor did Plaintiff attach documentation establishing the method by which the amount Plaintiff seeks to recover has been calculated. 15. Plaintiff in "Exhibit A" has attached a document Plaintiff refers to as a "charge-off statement" but does not aver that the document was ever sent to Defendant. 16. A defendant is entitled to know the dates and amounts of specific transactions, which support the plaintiff's claim. Moreover, a defendant is entitled to know the dates and amounts of all charges, payments received, interest charged and fees charged so that a determination can be made about how the alleged amount owed was arrived at. 17. The charge-off statement does not detail any debits or credits that allegedly lead to the balance that Plaintiff claims is due. There is not a single purchase listed on the statement only a blanket assertion of the amount due with included fees. 18. Defendant, therefore, is unable to formulate a meaningful response to the Complaint or assert any applicable defenses. ti 19. Without a written account and an express or implied agreement between the parties to pay that account, Plaintiff cannot maintain an action based upon the account stated theory. WHEREFORE, Defendant respectfully requests this Honorable Court to sustain her preliminary objections and dismiss Plaintiff's Complaint. MOTION TO STRIKE/FAILURE OF PLEADING TO CONFORM TO LAW AND RULE OF COURT -FAILURE TO ATTATCH A COPY OF A REQUIRED WRITING 20. The preceding paragraphs are incorporated herein as if fully set forth below. 21. Pa.R.C.P. No. 1019(h) requires that "[w]hen any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written." 22. Plaintiff fails to aver whether the alleged agreement between Plaintiff and Defendant was oral or written. 23. Pennsylvania Rule of Civil Procedure 1019(i) requires that when a claim or defense is based upon a writing, a copy of the writing shall be attached to the complaint. The Rule goes on to state that "...if the writing is not accessible to the pleader, it is sufficient to so state, together with the reason, and to set forth the substance in writing." Pa. R.C.P. 1019(i). 24. A Plaintiff seeking to recover on a passed due credit card account must produce several documents or preliminary objections will be sustained; "failure to produce a card holder agreement and statement of account, as well as evidence of the assignment, establishes a meritorious defense." Atlantic Credit and Finance, Inc. v. Giuliana, 829 A.2d 340, 345 (Pa. Super. 2003). 25. Plaintiff fails to attach a true and accurate copy of the complete card member agreement that forms the basis of the contract on which Plaintiff is attempting to collect. The card member agreements absence is not explained as required by Pa.R.C.P. No. 1019 (i). 26. Plaintiff fails to attach a true and accurate copy of any statements of account that demonstrate the charges, debits and credits that entitle Plaintiff to relief. The statements of accounts' absences are not explained as required by Pa.R.C.P. No. 1019 (i). 27. Paragraph (8) of the Complaint avers that Plaintiff is "the purchaser, assignee and/or successor in interest of GE CAPITAL RETAIL BANK and Plaintiff is now the holder of the Account." 28. Plaintiff fails to attach a true and accurate copy of the documents evidencing a valid assignment between Plaintiff and GE CAPITAL RETAIL BANK. The evidence of assignment's absence is not explained as required by Pa.R.C.P. No. 1019 (i). WHEREFORE, Defendant respectfully requests this Honorable Court to sustain his preliminary objections and dismiss Plaintiff s Complaint. Og (Os- fot c-1 BY0 aut4,(Q Jjci( Date Ja me M. Haley, Esq. Attorney I.D. No. 205255 MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 ext. 2513 Attorney for Defendant Portfolio Recovery Associates, LLC Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA v. : Docket No. 14-4049 Tabitha Shirley Defendant : CIVIL ACTION CERTIFICATE OF SERVICE I, Jaime M. Haley, Esquire, counsel for Tabitha Shirley, hereby certify that I served a true and correct copy of Defendant's Preliminary Objections, via regular first-class mail, postage pre -paid to Plaintiff's counsel addressed as follows: o f oS Date Syretta Martin, Esq Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Respectfully submitted, BY: al -A t f0(velf3Li., Jaime M. Haley, Esq. Attorney I.D. No. 205255 MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 ext. 2513 Attorney for Defendant