HomeMy WebLinkAbout08-6496116/
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC.
ASSIGNEE OF WELLS FARGO BANK
8875 AERO DRIVE
SAN DIEGO CA 92123
Plaintiff
VS.
ROBERT M ASTRELLA
333 WHISKEY RUN RD
NEWVILLE PA 17241
Defendant (s)
Dat e : ?0 d 3
Civil Complaint
Filed on behalf of:
NO. dg- toy4to O'IYOTerlk
: CIVIL ACTION - LAW
Plaintiff, MIDLAND FUNDING LLC.
Counsel of record for this party.
David R. Gallowayff't87326 lip C. Warholic _JL863+4
Sarah E. Ehasz V#86469/Robert N. Polas, Jr. #201259
Amy F. Doyle #87062
Mann Bracken LLC / Counsel for Plaintiff
The Successor by Merger to Wolpoff & Abramson, LLP
and Eskanos & Adler, P. C.
4660 Trindle Road, Suite 300, Camp Hill, PA 17011
Telephone: (717) 303-6700 Fax: (717) 737-9051
Telephone: (717) 303-6700
Counsel for Plaintiff
Cover - General
PACVR/PACVR FILE # 180063441
8 fi d I E 100 8001
3JIM3WS 3N1 30 331JAO
1158
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC. NO.
ASSIGNEE OF WELLS FARGO BANK
8875 AERO DRIVE
SAN DIEGO CA 92123
Plaintiff
VS. CIVIL ACTION - LAW
ROBERT M ASTRELLA
333 WHISKEY RUN RD
NEWVILLE PA 17241
Defendant (s)
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 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 for 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 Assn.
32 S. Bedford St.
Carlisle PA 17013
800-990-9108
CVRNOT/PACP3 FILE # 180063441
1169
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
MIDLAND FUNDING LLC. NO.
COUNTY, PENNSYLVANIA
ASSIGNEE OF WELLS FARGO BANK
8875 AERO DRIVE
SAN DIEGO CA 92123
Plaintiff
VS. CIVIL ACTION - LAW
ROBERT M ASTRELLA
333 WHISKEY RUN RD
NEWVILLE PA 17241
Defendant (s)
NOTICIA
Le han demandado a used en la corte. Si used quarere defensas de esas demandas
expuestas en las paginas, siguientes, used tiene viente (20) dias de plazo al partir
de la fecha de lademanda y la notifiation. Used debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus
defensas o sus objeciones a last demandas en corta de su persona. Sea avisado que
si used no se defienda, la corte tomara medidas y psedido entrar una orden contra
used sin previo aviso o notificacion y por cualquier queja o alivio que es pedido
en la peticion de demanda. Used puede perder dinero o sus propledades o otros
derechos importantes para used.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE
EL DINERO SUFFICIENTE 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 ASSITANCIA LEGAL.
Lawyer Referral Service
Cumberland County Bar Assn.
32 S. Bedford St.
Carlisle PA 17013
800-990-9108
CVRNOS/PACP3 FILE # 180063441
1170
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC. NO. 0 8 . 4 4 9G C6.r-j -ea
ASSIGNEE OF WELLS FARGO BANK
8875 AERO DRIVE
SAN DIEGO CA 92123
Plaintiff
VS. CIVIL ACTION - LAW
ROBERT M ASTRELLA
333 WHISKEY RUN RD
NEWVILLE PA 17241
Defendant (s)
COMPLAINT
AND NOW, comes the Plaintiff, by and through its attorneys and the law firm
of Mann Bracken LLC, and files this Complaint and in support avers as follows
1. Plaintiff, MIDLAND FUNDING LLC.
ASSIGNEE OF WELLS FARGO BANK
8875 AERO DRIVE
SAN DIEGO CA 92123
2. Defendants, ROBERT M ASTRELLA
is/are an adult individual(s) with last known address(es) of
333 WHISKEY RUN RD
NEWVILLE PA 17241
COUNTY OF CUMBERLAND
3. An installment loan was issued to the Defendant(s) for the purchase of
an automobile.
4. The Defendant(s) agreed to be responsible for payment of interest and
all court and collection costs incurred by Plaintiff in the event of default.
5. That the Defendant(s) defaulted under the terms of the loan.
6. As of the date of this Complaint, the remaining balance due, owing and
unpaid on Defendant's loan balance with Plaintiff is the sum of $ 10622.39. A true
and correct copy of a Statement of Account identifying the balance due and owing
to Plaintiff is attached hereto, incorporated herein, and marked as Exhibit "A".
1
1171
7. Pursuant to the applicable Pennsylvania law, any unpaid or delinquent
balance on said account shall continue to bear interest at the rate of 6.00%.
8. As of the date of the within Complaint, the amount of interest which
has accrued is the sum of $ 1112.30 .
9. Despite reasonable and repeated demands for payment, Defendant(s) has/have
refused and continues to refuse to pay all sums due and owing on the aforementioned
account balance, all to the damage and detriment of the Plaintiff.
10. Any and all conditions precedent to the bringing of this action have been
performed by Plaintiff.
11. The amount in controversy is within the jurisdictional amount requiring
compulsory arbitration.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgmen
in favor of the Plaintiff and against Defendant(s) in the amount of $ 10622.39,
plus interest in the amount of $ 1112.30 , plus costs of this action and any other
relief as this Court deems just and reasonable.
Respectfully Submitted,
David R. Galloway (87326 ilk C. Warholic 6863f4'
Sarah E. Ehas2 #86469 Robert N. Polas, Jr. #201259
Amy F. Doyle #87062
MANN BRACKEN LLC / Counsel for Plaintiff
The Successor by Merger to Wolpoff & Abramson, LLP
and Eskanos & Adler, P. C.
4660 Trindle Road, Suite 300, Camp Hill, PA 17011 / (717) 303-6700
2
1172
VERIFICATION
The undersigned hereby states that he/she is the attorney for the Plaintiff
who is located outside of this jurisdicition and in order to file the within document
in an expedient and timely manner, 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.
C 41A
David R. Galloway #87 arholic #86
t86 69 o as, r. 201259
Sarah E. Ehasz 1
Amy F. Doyle #87062
Mann Bracken LLC / Counsel for Plaintiff
The Successor by Merger to Wolpoff & Abramson, LLP
and Eskanos & Adler, P. C.
4660 Trindle Road, Suite 300, Camp Hill, PA 17011
Telephone: (717) 303-6700 Fax: (717) 737-9051
PAVERF/PACP3 FILE # 180063441
1173
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-06496 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MIDLAND FUNDING LLC
VS
ASTRELLA ROBERT M
MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
ASTRELLA ROBERT M
the
DEFENDANT
, at 1526:00 HOURS, on the 7th day of November , 2008
at 347 BAHAMA CIRCLE
CARLISLE, PA 17013 by handing to
TONYA SHOOK, ROOMMATE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
11/aju " 1?- ?
Sworn and Subscibed to
before me this
So Answers:
18.00
22.00
.59
10.00 R. Thomas Kline
.00
50.59 11/12/2008
MANN BRACKEN
By:
.r
day Deputy Sheriff
of A. D.
639
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC NO. 08-6496
ASSIGNEE OF WELLS FARGO BANK
8875 AERO DRIVE CIVIL ACTION - LAW
SAN DIEGO CA 92123
Plaintiff
VS.
ROBERT M ASTRELLA
Defendant (s)
PRAECIPE FOR JUDGMENT
Please enter Judgment in favor of Plaintiff and against Defendant(s),
ROBERT M ASTRELLA and ,
for failure to answer the Complaint.
( X ) Amount due
TOTAL
$ 11734.69
$ 11734.69 , plus interest and costs
( X ) I certify that the foregoing assessment of damages is for specified
amounts alleged to be due in the complaint and is calculable as a sum certain from
the complaint.
( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or
decree), I certify that a copy of this praecipe has been mailed to each other party
who has appeared in the action or to his/her Attorney of Record.
( X ) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the
intention to file this praecipe was mailed or delivered to the party against whom
judgment is to be entered and to his/her Attorney of Record, if any, after the
default occurred and at least ten days prior to the date of the filing of this
praecipe and a copy of the notice is attached.
DATE: a Signature:
David R. Gallow #87326/ ili . Warholic
Sarah E. Ehasz #86469/Robert N. Polas, Jr.
Amy F. Doyle #87062
Mann Bracken LLP / Counsel for Plaintiff
The Successor by Merger to Wolpoff & Abramson, LLP
and Eskanos & Adler, P. C.
4660 Trindle Road, Suite 300, Camp Hill, PA 17011
Telephone: (717) 303-6700 Fax: (717) 737-9051
NOW, JW, 21o 2009, JUDGMENT IS EN ERED AS AB E.
Pro onotar erk, ivil Division
By:
Deputy
PRAECJ/PACPDJ FILE # 180063441
REQICNAL OFFICES
TEMPE, AZ
AGOURA HILLS, CA
CONCORD, CA
GREENWOOD VILLAGE, CO
WILMINGTON, DE
SOCA RATON, FL
ATLANTA, GA
ROCKVILLE. MD
NOVI, AM
CHIAMPLIN, MN
ALE, NC
CARBON CITY, NV
ROCHIESTEFL NY
LAW OFFICES
MANN BRACKEN LLP
Atton»ys in tho PrwWo of D*U GoMpWon
(A National Collection Attorney Network Firm)
4060 TRINDLE ROAD
SUITE 300
CAMP HILL PA 17011
THE SUCCESSOR BY MERGER TO WOLPOFF 6 ABRAMSON. LLP AND ESKANOS E ADLER, P.C.
(TOLL FREE)
1-600-830.2793
FACSIMILE (804) 281A028
PLEASE DIRECT CORRESPOND84CE TO CAMP HILL OFFICE
180063441
ROBERT M ASTRELLA
333 WHISKEY RUN RD
NEWVILLE PA 17241
Re: MIDLAND FUNDING LLC, WELLS FARGO BANK
vs. ROBERT M ASTRELLA
Docket No. 08-6498
Dear ROBERT M ASTRELLA
REGIONAL OFFICES
INDEPENDENCE, OH
PORTLAND, OR
CAMP HILL, PA
PITTSBURGH, PA
CUNTON,TN
NASHVILLE, TN
HOLWM TX
IRVING, TX
SAN ANTONIO, TX
FAIRFAX VA
RICHMOND, VA
VIRGINIA BEACH, VA
F
F ile No. 180063441
Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the
Pennsylvania Rules of Civil Procedure.
Sincerely,
Enclosure
4AFMSWIFRobert DPhilip C. Warholic #86341
N. Poles, Jr. #201259
r^? Amy F. Doyle #87062
Mann Bracken LLP / Counsel for Plaintiff
U The Successor by Merger to Wolpoff & Abramson, LLP
and Eskanos & Adler, P. C.
4660 Trindle Road, Suite 300, Camp Hill, PA 17011
Telephone: (717) 303-6700 Fax: (717) 737-9051
CC: ROBERT M ASTRELLA
This is an attempt by a debt collector to collect a debt and any information obtained
will be used for that purpose.
VOT 10D/PANOTC
12/22/08
LTRMDi )1110109)
642
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC
ASSIGNEE OF WELLS FARGO BANK
8875 AERO DRIVE
SAN DIEGO CA 92123
Plaintiff
No. 08-6496
CIVIL ACTION - LAW
VS.
ROBERT M ASTRELLA
Defendant (s)
CERTIFICATE OF RESIDENCE
PA. R.C.P. 236
I hereby certify that the precise residence of Plaintiff is:
MIDLAND FUNDING LLC
ASSIGNEE OF WELLS FARGO BANK
8875 AERO DRIVE
SAN DIEGO CA 92123
and certify that the last known address of the within Defendant(s) is:
ROBERT M ASTRELLA
333 WHISKEY RUN RD
NEWVILLE PA 17241
David R. Galloway 487326/ i ip . War o ic 1/86-5
Sarah E. Ehasz 86469/Robert N. o as, r.
Amy F. Doyle #87062
Mann Bracken LLP / Counsel for Plaintiff
The Successor by Merger to Wolpoff & Abramson, LLP
and Eskanos & Adler, P. C.
4660 Trindle Road, Suite 300, Camp Hill, PA 17011
Telephone: (717) 303-6700 Fax: (717) 737-9051
PCRES/PACPDJ FILE # 180063441
2038396
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 81894
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
IDT Carmel Assignee of HSBC
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
KEITH S MILLS
DOCKET NO. : 08-6497
PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER. ASSESSMENT
OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE
TO THE PROTHONOTARY:
Enter judgment for want of an answer for plaintiff and
against defendant(s) above named only and assess damages
certified to be calculable as a sum certain from the complaint,
as follows:
Principal
Total:
$2,300.55
$2,300.55
Understanding the false statements made herein are subject to
penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to
Authorities, I verify that:
1. The last known addresses of the parties are: IDT Carmel
Assignee ofHSBC and that the last known address of defendant, KEITH
S MILLS, 3919 ROSEMONT AVE, CAMP HILL PA 17011-7814.
2. The annexed notice(s) of intention to file this
praecipe was (were) mailed to all parties, defendant and to their
record attorneys, if any, after default occurred, and at least
ten days prior to the date of filing of this praecipe.
3. The said defendant(s) is (are) not in the military
service of the United States or otherwise within the coverage of
the Soldiers and Sailors Civil Relief Act and is (are) over 18
'the Soldiers and Sailors
years of age.
AND NOW, this _
is entered in favor of the
default for want of an ans,
$2,300.55 as per the above
Prota
Civil Relief Act and is (are) over 18
_ day of ?anUOLQ( , 2009 Judgment
plaintiff(s) and again At defendant(s) by
aer and damages assessed at the sum of ,
q?rtificat' n.
onotar
GORDON & WEINBE , P.C.
BY:
FREDER C . WEINBERG, ESQUIRE
JOEL M. INK, ESQUIRE
Attorney for Plaintiff
y ? + w^
2038396
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
IDT Carmel Assignee of HSBC
Vs.
KEITH S MILLS
TO/PARA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-6497
NOTICE OF INTENTION TO TAKE DEFAULT
KEITH S MILLS
3919 ROSEMONT AVE
CAMP HILL PA 17011-7814
DATE OF NOTICE/FECHA DEL AVISO: December 2, 2008
IMPORTANT NOTICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
GORDON & WEINBERG, P.C.
BY: FREDERI' I..WEINBERG, ESQUIRE
JOEL M.;/FLINK, ESQUIRE
PLOD-2 v
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES
OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN
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 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.
t..
? ,+rt
k ??.,
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S ?s "0
T,}
" 2038396
1
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
IDT Carmel Assignee of HSBC COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS. DOCKET NO. : 08-6497
KEITH S MILLS
NOTICE
Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania,
you are hereby notified that a judgment has been entered against
you in the above proceeding as indicated below.
/X/ Judgment by Default $2,300.55
L1 Money Judgment $
Judgment on Award of Arbitrators$
Judgment on Verdict$
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL
ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS
TELEPHONE NUMBER: 484/351-0500
PRO ONOTARY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Midland Funding LLC
V.
ROBERT M ASTRELLA
Plaintiff
NO. 08-6496
CIVIL ACTION - LAW
Defendant(s)
C _
ENTRY OF APPEARANCE - ?'
7-0
-
TO THE PROTHONOTARY:
I
0
-T
J
Kindly enter the undersigned as counsel for Plaintiff in the captioned matter
.
Respectfully Submitted,
By
David R. Galloway #87326
Fulton Friedman & Gullace, LLP
Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
130B Gettysburg Pike
Mechanicsburg, PA 17055
Tel: (866) 563-0809 Fax: (585) 546-4241
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office,
first class mail, postage prepaid, addressed as follows:
ROBERT M ASTRELLA
1261 RITNER HWY AP 2
SHIPPENSBURG PA 17257
wff?
By
FFG File #: 135534
David R. Galloway
Attorney ID #87326
PA/PA_EOA
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-6496 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MIDLAND FUNDING LLC ASSIGNEE OF WELLS
FARGO BANK Plaintiff (s)
From ROBERT M. ASTRELLA, 100 TIPTOE CIRCLE, CARLISLE, PA 17015
(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:
WOODFOREST NATIONAL BANK, 6520 CARLISLE PIKE, #500, MECHANICSBURG, PA
17050 - ALL ACCOUNTS, INCLUDING BUT NOT LIMITED TO, ALL SAVINGS, CHECKING
AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES,
COLLATERAL, PLEDGES, DOCUMENTS OF TITLE, SECURITIES, COUPONS AND ALL
OTHER PROPERTY OF THE DEFENDANT(S) IN THE POSSESSION, CUSTODY OR
CONTROL OF GARNISHEE
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 $11,734.69 L.L.$.50
Interest $2,192.67
Atty's Comm % Due Prothy $2.25
Atty Paid $174.59 Other Costs
Plaintiff Paid
Date: 2/29/12
David D. Buell, Prothonotary
(Seal)
Deputy
REQUESTING PARTY:
Name DAVID GALLOWAY
Address: FULTON FRIEDMAN & GULLACE LLP
130 B GETTYSBURG PIKE
MECHANICSBURG, PA 17055
Attorney for: PLAINTIFF
Telephone: 866-563-0809
Supreme Court ID No. 87326
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC ? Confessed Judgment
assignee of WELLS FARGO BANK x? Other
Docket No. 08-6496
v Judgment Amount
Less Payments
ROBERT M ASTRELLA Interest:
100 TIPTOE CIR Total:
CARLISLE PA 17015 Atty's Comm:
Costs:
PRAECIPE FOR ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
$11734.69
$(0.00)
01 92-47
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The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract or
account based on a confession of judgment, but if it does , it is based on the appropriate original proceeding filed
pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of attachment in the above matter to the Sheriff of Cumberland County, for debt, interest and
costs, directing attachment against Woodforest National Bank , as Garnishee, for the following property of the
defendant(s):
All accounts, including but not limited to, all savings, checking and other accounts, certificates of
deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and all other property of
the defe dan s) in the possession, custody or control of Garnishee.
Date 2 )Z Signature:
Print name: David Gall4wu
Address: 130B Gettvsbuk Pike
Attorney for: MIDLAND FUNDING LLC
Telephone: (866) 563-0809
Supreme Court ID No:#87326
FFG File # 135534
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INTERROGATORIES TO GARNISHEE •
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DEFENDANT(S) - ROBERT M ASTRELLA
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1. At the time you were served or at any subsequent time did you owe the defendant(s) any money
or were you liable to the defendant(s) on any negotiable or other written instrument, or did the
defendant(s) claim that you owed the defendant(s) any money or were liable to the defendant(s) for any
reason?
rA0 acCOl)ILt
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 owned solely or in part by the defendant(s)?
NR
3. 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(s) or in which the defendant(s) held or claimed any
interest?
4. At the time you were served or at any subsequent time did you hold as fiduciary any property in
which the defendant(s) had an interest?
'R/P?
5. At any time before or after you were served did the defendant(s) transfer or deliver any property
to you or to any person or place pursuant to your direction or consent and if so what was the consideration
therefor?
n/R
6. At any time after you were served did you pay, transfer or deliver any money or property to the
defendant(s) or to any person or place pursuant to the defendant's direction or otherwise discharge any
claim of the defendant(s) against you?
NA
7. If you are a bank or other financial institution, at the time you were served or at any subsequent
time did the defendant(s) have funds on deposit in an account in which funds are deposited electronically
in execution,
on a recurring basis and which are identified as being funds that upon deposit are exempt fro
levy or attachment under Pennsylvania or federal law? If so, identify each account number and state the
amount of funds in each account, and the entity electronically depositing those funds on a recurring basis.
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DEFENDANT(S) - ROBERT M ASTRELLA
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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 the 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.
Nr\
9. Please identify all accounts not listed in your answer to Interrogatory No. 7, the amount of funds
in each account, whether the funds are deposited electronically on a recurring basis and the entity
electronically depositing those funds. If the defendant(s) maintains any of these accounts jointly with
any other person, or persons, give their name, address and relationship to defendant.
R/A
10. Are there any attorney's fees or processing fees charged by you against the defendant(s) or
account(s) of the defendant(s) for the completion of this answer? If yes, outline the exact amount of any
fees due and owing to the garnishee or the attorney for the garnishee for the preparation of the Answer.
h/A
11 . Please provide the name, business address and business telephone of the person answering these
interrogatories.
12. Please provide the address and telephone number where future court documents pertaining to this
case can be served on Garnishee. A
FULTON, FRIEDMAN, & GULLACE LLP
David R. Galloway #87326
(866) 563-0809
Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
Please return your Answer to Interrogatories to counsel for Plaintiff at: 28 E. Main Street, Suite 500,
Rochester NY 14614.
FFG File #: 135534
PATA_BANKINfERROGS
COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY
PENNSYLVANIA - CIVIL DIVISION
Midland Funding LLC Assignee of Wells Fargo Bank Plaintiff
'VS.
Robert M Astrella
Case No. 086496 Civil
Defendant
VERIFICATION
I, _ Jessica Black , hereby state that the :facts above set
forth are true and correct to the best of my knowledge, information and belief and that I
expect to be able to prove the same at a hearing held in this matter. I understand that the
statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to
unsworn falsification to authorities).
Date: March 8, 2012
v ° (U y.,?
By: Bryan Abraham, AVP
Jessica Black, AVP
Cedrick Frazier, AVP
Woodforest National Bank
25231 Grogan's Mill Rd., Suite 100
The Woodlands, TX 77380
832-375-2898 - Phone
832-375-3071 -Fax
STATE OF TEXAS
COUNTY OF MONTGOMERY
Before me, the undersigned authority, personally appeared Jessica Black on the
8th day of March, 2012 and stated that the foregoing is of their personal knowledge
and is true and correct.
°?i"??ye •,, MELISSA BROMLEY
Notary Public, State of Texas
My Commission Expires
January 18, 2015 NOTARY PUBLIC IN AND FOR THE
ryI1/111111,
STATE OF TEXAS
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
R Anderson
,lf
,ody S Smith
Chief Deputy
Richard W Stewart
Solicitor
2 .
4 Fy
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Midland Funding LLC Assignee of Wells Fargo Bank Case Number
vs.
Robert M Astrella 2008-6496
SHERIFF'S RETURN OF SERVICE
03/07/2012 11:30 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 7,
2012, at 1126 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and
monies of the within named defendant, to wit: Robert M. Astrella, in the hands, possession, or control of
the within named garnishee, Woodforest National Bank, 60 Noble Boulevard, Carlisle, Cumberland
County, Pennsylvania 17013, by handing to Kevin Duffy, Retail Banker, 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 him.
The writ of execution and notice to defendant was mailed on March 8, 2012 to Robert M. Astrella at 100
Tip Top Circle, Carlisle, PA 17015.
10/19/2012 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: $87.92 SO ANSWERS,
October 19, 2012 RON y R ANDERSON, SHERIFF
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