HomeMy WebLinkAbout08-7361IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Midland Funding LLC as assignee of
Bank of America CIVIL ACTION
8875 AERO DRIVE
SAN DIEGO, CA 92123
Plaintiff
vs. NO: G? - `T3lo l 0 iv l l (er"
JESSICA D WARREN
43 W KELLER ST
MECHANICSBURG PA 17055
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 to
Defend 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 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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE.
MIDPENN LEGAL SERVICES
401 EAST LOUTHER STREET
CARLISLE, PA 17013
717-243-9400
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Midland Funding LLC
8875 AERO DRIVE CIVIL ACTION
SAN DIEGO, CA 92123
Plaintiff
vs.
NO: 0k, 7 3W
JESSICA D WARREN
43 W KELLER ST
MECHANICSBURG PA 17055
Defendant
COMPLAINT
7-",
Plaintiff, Midland Funding LLC as assignee of Bank of America, by and through its
attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows:
1. Plaintiff, Midland Funding LLC as assignee of Bank of America, (hereinafter
"Plaintiff') is a corporation with a principal place of business located at 8875 AERO DRIVE SAN
DIEGO, CA 92123.
2. The Defendant JESSICA D WARREN (hereinafter "Defendant") is an adult
individual residing at 43 W KELLER ST MECHANICSBURG PA 17055.
3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase
and collection.
4. Defendant applied for and received a credit card issued by MIDLAND CREDIT
MANAGEMENT with the account number 4888930316453072.
5. Use of the MIDLAND CREDIT MANAGEMENT credit card was subject to the
terms and considerations of the Cardmember Agreement (hereinafter "Agreement"), a copy of
which was sent to the Defendant along with the credit card.
6. Defendant used the MIDLAND CREDIT MANAGEMENT credit card account
number4888930316453072, for purchases, cash advances and/or balance transfers.
7. The Defendant was mailed account statements relative to the Defendant's use of the
subject credit card.
8. The Defendant defaulted under the terms of the Agreement by failing and refusing
to make monthly payments on the account as they became due. (See, Cardmember Agreement
attached hereto as Exhibit "A.")
9. The account became delinquent January 30, 2007.
10. The principal amount was $17,680.87 at the time it was received by Plaintiff.
11. Pursuant to the account agreement, any unpaid balance accrues interest at the rate
of 0.
12. The total amount due and owing the Plaintiff including interest, is $18,026.74.
13. Pursuant to the terms of the Agreement, Defendant is liable to Plaintiff for court
costs and reasonable attorney's fees.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the
amount of $18,026.74 plus costs of suit, reasonable attorneys' fees and any other relief as the
Court deems just and appropriate.
submitted,
Edwin A. A/Ratchfo ssoc.
Michael F. uire
Heather K. uire
AttorneyI./207805
1729 Pittsto Scranton, P mratchford@eaa-law.com
hwoodruff@eaa-law.com
4b
VERIFICATION
I, Michael F. Ratchford, attorney for Plaintiff, Midland Funding LLC as assignee of Bank
of America, am fully familiar with the facts set forth in the within Complaint and am authorized
to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within
allegations are true and correct to the best of my knowledge, knowing that any false statements
are punishable by law pursuant to 18 C.S.A. 4904.
FTI M
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Q; co -:e
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-07361 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MIDLAND FUNDING LLC
VS
WARREN JESSICA D
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
WARREN JESSICA D the
DEFENDANT
at 0930:00 HOURS, on the 3rd day of January , 2009
at 43 W KELLER ST
MECHANICSBURG, PA 17055 by handing to
JESSICA WARREN
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 18.00
Service 9.00
Affidavit .00
Surcharge 10.00
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
01/05/2009
EDWIN ABRAHAMSEN & ASSOC TES
1
By.
eputy She if
of A. D.
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