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Home My WebLink About07-5362i .. Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. N0.89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610)696-2120 Attorney for Plaintiff MIDLAND FUNDING LLC 8875 Aero Drive, Suite 200, San Diego, CA Plaintiff v. RICHARD STARK 1435 Hillcrest Court Apt 107, Camp Hill, PA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0~j - 53(oa Civi ~ Tefn'~ CIVIL ACTION -LAW Complaint -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 within (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 claim 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE.OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL 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 REFERENCE AND INFORMATION SERVICE Cumberland County Baz Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 90377 Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff MIDLAND FUNDING LLC 8875 Aero Drive, Suite 200, San Diego, CA Plaintiff v. RICHARD STARK 1435 Hillcrest Court Apt 107, Camp Hill, PA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW Complaint 1. The plaintiff is Midland Funding LLC with place of business located at 8875 Aero Drive Suite 200, San Diego CA. 2. The defendant is Richard Stark, who resides at 1435 Hillcrest Court Apt 107, Camp Hill, Cumberland County, Pennsylvania. 3. First North American National Bank furnished consumer credit to defendant bearing account number 4146820004021851 hereinafter referred to as the credit card account. 4. Defendant made purchases, balance transfers and/or cash advances on the credit card account. 5. The balance due on the credit card account is $4,208.40. 6. Defendant did not pay the balance due on the credit card account as required by the credit card agreement. As such, defendant is in default on the credit card account. 7. Plaintiff purchased defendant's account and is now the holder and owner of the account. 8. Although demand has been made by plaintiff upon defendant to pay the sum of $4,208.40, defendant failed and refused to pay all or any part thereof. Wherefore, plaintiff demands judgment against the defendant in the sum of $4,208.40 and the costs of this action. & AsisoEat6s, P.C. Yee D. Weinstein, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P. C. is a debt collector. ~ h V rification I, (W am an employee of Midland Credit Management, Inc. which is by contract the servicer for plaintiff Midland Funding LLC retained to collect delinquent debt. I am authorized to make this verification pursuant to a servicing agreement from plaintiff to Midland Credit Management, Inc. The foregoing averments of fact in the within pleading aze true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to the authorities. Date: Richazd Stark Name 4146820004021851 ~ * ~ J get O ~ v 2s SHERIFF'S RETURN - REGULAR CASE N0: 2007-05362 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDLAND FUNDING LLC VS STARK RICHARD RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STARK RICHARD the DEFENDANT at 2014:00 HOURS, on the 17th day of September, 2007 at 1435 HILLCREST COURT APT 107 CAMP HILL, PA 17011 _ _ by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.44 Affidavit .00 Surcharge 10.00 .00 q J1 y'b 7 ~, 4 Sworn and Subscibed to before me this day So Answers: ~,~ =f,~'...P R. Thomas Kline 09/18/2007 BURTON NEIL & ASSOCIATES By: Deputy eriff of A.D. ~ ~ MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS ~ 8875 Aero Drive Suite 200, San Diego CA 92123 Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-5362 RICHARD STARK 1435 Hillcrest Court Apt 107 Camp Hill PA 17011 Defendant : CNIL ACTION -LAW Praecipe for Default Judgment To the Prothonotary: Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: TOTAL $4,208.40 $4,208.40 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment debtor and creditor. 2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA), the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense website. /} JUDGMENT BY DEFAULT ENTERED Bur AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER PA.R. V.P. 236 By: ro Prothonotary The law firm of Burton Neil & Associates is a debt collector. 90377 & Associates, P.C. Y en~nstein, Esquire 0 or Plaintiff I . NO. 89678 1 60 Andrew Drive, Suite 170 West Chester, PA 19380 I~~~~~~ ~~~~~ ~~~~~ I~~II I~~ ~~~~~~~I ~~~~~ ~I ~I~~~~~ ~~~ ~~~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~~~ ~~~~~ ~~ ~~~~ 90377 ~ MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS ' Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA N0.07-5362 RICHARD STARK Defendant CIVIL ACTION -LAW Notice of Intention to File Praecipe for Default Judgment TO: Richard Stark 1435 Hillcrest Court Apt 107 Camp Hill PA 17011 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth. against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal 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 REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-244-3166 or 800-990-9108 DATE Ol~ NOTICE: October 9, 2007 In making this communication, we advise our office is a debt collector. Burton Neil & J9(ss¢ciates, P.C. By: Yale . We stet , Esqui Attorney f Plain Identification No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 f~ll~i~l~~lMflflil~~lf~ IIIN~~1f~f11~l~~lllllf~lll~Il~I~iN~~l~~~ . ~.~,.__.r~_ _. Z ~' ~`-' art, ~ ~= ~. _ Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff MIDLAND FUNDING LLC Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD STARK IN THE COURT OF COMMON PLEAS CIVIL, ACTION -LAW N0.07-5362 Defendant Rule of Civil Procedure N0.236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on~~~ 029 ~ IX17 Prothonotary By: If you have any questions concerning the above, please contact: Yale D. Weinstein, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 The law firm of Burton Neil & Associates is a debt collector. c~ ~ C,~ ~- ~.~~' --r-1 - c'3 .--~ -__ ~ r~ .. r~ ~ry l iJ .~ l ~~_... ~ _ 7 . '" (~. ~ ~ .~ LJ " ~ ` PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 MIDLAND FUNDING LLC 8875 Aero Drive Suite 200, San Diego CA 92123 Plaintiff v. RICHARD STARK 1435 Hillcrest Court Apt 107, Camp Hill PA 17011 Defendant(s) COMMERCE BANK 100 SENATE AVE., CAMPHILL, PA 17011 Garnishee(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5362 CIVIL ACTION -LAW To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER 1. Directed to the Sheriff of Cumberland County, Pennsylvania 2. against RICHARD STARK ,Defendant(s) 3. and against COMMERCE BANK ,Garnishee(s) 4. and index this writ (a) against Defendant(s) (b) against Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (specifically describe property) NO LEVY -GARNISHMENT ONLY Serve interrogatories on garnishee at: 100 SENATE AVE., CAMPHILL, PA 17011 5. Amount Due $4,208.40 Interest from 10/29/2007 $ 421.15 Total $4,629.55* *Plus writ costs Dated: June 10, 2009 _ Yal D Weinstein, Esquire A v for Plaintiff NOTE: Under paragraph 1 when the writ is directed to sheriff of anothe unty as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment be directed only to the sheriff of the county in which issued. Pazagraph 3 above should be completed only if indexing of the ecution in the county of issuance is desired as authorized by Rule 3104(a). When the writ issued to another county indexing is required as of course in that county. See Rule 3104(b). Paragraph 4(b) should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). The firm of Burton Neil & Associates, P.C. is attempting to collect a debt. 90377 r n t~ ~" 23 11 I ~ i ~ U :.J l~~C"ti .',l~ 1 `1`~_ ~ it .,, ~ ~~4~ A-rn e~ ~ F '18.so ~, I~.oo ~~ a, ~ ., _ I (00 . R ~ - PD A'~Ty ~a .oo ~..co 60 U- ~'~ o'~~F51a Rx* aaloy~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5362 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDLAND FUNDING LLC, Plaintiff (s) From RICHARD STARK, 1435 Hillcrest Court, Apt 107, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: COMMERCE BANK, 100 Senate Avenue, Camp Hitl, PA 17011 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,208.40 Interest from 10/29/07 -- $421.15 Atty's Comm Atty Paid $160.94 Plaintiff Paid Date: 6/23/09 L.L. $.50 Due Prothy $2.00 Other Costs :~l..I.~CS l~ R. Long, Protl; (Seal) By: REQUESTING PARTY: Deputy Name YALE D. WEINSTEIN, ESQUIRE Address: LAW OFFICES OF BURTON NEIL & ASSOCIATES, P.C. 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PA 19380 Attorney for: PLAINTIFF Telephone: 610-696-2120 Supreme Court ID No. 89678 Sheriffs Office of Cumberland County R Thomas Kline ~#~~,,,~r ~~ ~p~'~r~tr~,f~~~~ Edward LSoli~'top Sheriff -, Ronny R Anderson Jody S Smith Chief Deputy --'~ ~ Civil Process Sergeant Midland Funding LLC Case Number vs. Richard Stark 2007-5362 SHERIFF'S RETURN OF SERVICE 06/25/2009 10:06 AM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2009 at 1005 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Richard Stark, in the hands, possession, or control of the within named garnishee, Commerce Bank, now known as Metro Bank, 65 Ashland Drive, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Deneen Raudabaugh, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on June 29, 2009 to Richard Stark, 1435 Hillcrest Court, Apartment 107, Camp Hill, PA 17011. 2007-5362 So .Answers, ~, Midland Funding LLC '~~/ vs ! ~ Richard Stark R. mas Kline, eriff By Deputy Sheriff N W ~ rT" f_: ~ ~'?'t f"' . - W ~~ ~ , ~~ ~_ ~ ~. I"~rl '~ ~ C`3 ;~ N •,.J -C Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO.89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff MIDLAND FUNDING LLC Plaintiff v. RICHARD STARK 1435 Hillcrest Court Apt 107, Camp Hill PA 17011 Defendant(s) COMMERCE BANK Garnishee To: COMMERCE BANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5362 CIVIL ACTION -LAW 100 SENATE AVE., CAMPHILL, PA 17011 An: Interrogatories to Garnishee You are required to file answers to the following interrogatories withing twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant or any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? Defendant has account 512004144 held individually with a balance of $19.40. Defendant did not receive $300 exemption. 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owed solely or in part by the defendant? See answer to question 1 3. If the answer to 1 and/or 2 is yes, please specify the nature of the property and, if money, the amount? See answer to question 1 4. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? See answer to question 1 5. At the time you were served or at any subsequent time did you hold as fiduciary any property in which defendant had an interest? NO 6. At any time before or after you were served did the defendant transfer or deliver any property to you or any person or place pursuant to your direction or consent and if so what was the consideration therefor? No 7. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? No 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. See answer to question 1 9. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. See answer to question 1 Burton Neil,,~i A,~~iates, P.C. By: Yal~~b. Weinstein, Esquire The firm of Burton Neil & Associates, P.C. is attempting to c611ect a debt. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) _ Levv Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. CT Ts-;E~~~'; `r ~~~,,i~RY Z0~9.~;Ja -g ~l~ ~~ 23 -~ `J,~, . r._ r. I J1 ~~ `~`' S 1 L. V .w~,'', Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff Midland Funding LLC TN THE COURT OF COMMON PLEAS Plaintiff v. RICHARD STARK Defendant and COMMERCE BANK Garnishee CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5362 CIVIL ACTION -LAW Praecipe to Dissolve Attachment To the Prothonotary: Dissolve the attachment against COMMERCE BANK, garnishee. B Y A The law firm of Burton Neil & Associates is a debt collector. s,,P.C. Weinstein, Esquire for Plaintiff 90377 FII.E~-a~FM~:~ 1009 JUL 20 P~9 ! ~ 0 9 P~t~1IV'S`E'i..Vf~f~A $ 8. oo ~ Q A'r'il ~ 01444 t ~~' aa8 i47 • - SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ; ~,; r „~ , Sheriff ~~ ., .i"•':l •1 ~, kti~,;° .~ ~. ~ n, Jody S Smith ~~'~~ ~~~`~~ Chief Deputy _ Lull ~,~:.. _ ~ ~`~ ~.• ~~ Edward L Schorpp ~~: ~- Solicitor ~~ ~, ~, . .. . Midland Funding LLC, Assignee of Household vs. Case Number Richard Stark 2007-5362 SHERIFF'S RETURN OF SERVICE 06/25/2009 10:06 AM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2009 at 1005 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Richard Stark, in the hands, possession, or control of the within named garnishee, Commerce Bank, now known as Metro Bank, 65 Ashland Drive, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Deneen Raudabaugh, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on June 29, 2009 to Richard Stark, 1435 Hillcrest Court, Apartment 107, Camp Hill, PA 17011. 03/31/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.94 SO ANSWERS, March 31, 2010 RON R ANDERSON, SHERIFF ., B Sharon R. Lantz ~-,J. L'~~L..~ . ~c~, 5~; ~ ~~1` ~-3 ~~ ~