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HomeMy WebLinkAbout08-746518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND MIDLAND FUNDING LLC ASSIGNEE OF BENEFICIAL 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. JOANN E PIERCE 350 OLD MILL RD CARLISLE PA 17013 Defendant (s) Civil Complaint Filed on behalf of: COUNTY, PENNSYLVANIA NO. Og' r7U5 ClVi i lew4 : CIVIL ACTION - LAW Plaintiff, MIDLAND FUNDING LLC Counsel of record for this party. Date: -[4w0-V- rU AW David R. G llowa #87326/Philip C. Warholic #86341 /Sarah E. Ehasz #86469/Robert N. Polas, Jr. #201259 V 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 Telephone: (717) 303-6700 Counsel for Plaintiff Cover - General PACVR/PACVR FILE # 182659342 19 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. ASSIGNEE OF BENEFICIAL 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CIVIL ACTION - LAW JOANN E PIERCE 350 OLD MILL RD CARLISLE PA 17013 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 TARE 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/PACP7 FILE # 182659342 20 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. ASSIGNEE OF BENEFICIAL 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CIVIL ACTION - LAW JOANN E PIERCE 350 OLD MILL RD CARLISLE PA 17013 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/PACP7 FILE # 182659342 M 21 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. 0 ? - 77 G S Crtu?.? ? ASSIGNEE OF BENEFICIAL 8875 AERO DRIVE SAN DIEGO CA 92123 - Plaintiff VS. CIVIL ACTION - LAW JOANN E PIERCE 350 OLD MILL RD CARLISLE PA 17013 Defendant(s) COMPLAINT AND NOW, comes the Plaintiff, by and through its attorneys and the law firm of Mann Bracken LLP, and files this Complaint and in support avers as follows: 1. Plaintiff, MIDLAND FUNDING LLC ASSIGNEE OF BENEFICIAL located at, 8875 AERO DRIVE SAN DIEGO CA 92123 2. Defendants, JOANN E PIERCE is/are adult individual(s) with last known address(es) of 350 OLD MILL RD CARLISLE PA 17013 COUNTY OF CUMBERLAND 3. It is averred that Defendant(s) was/were issued an open end credit card account (hereinafter - Account). 4. At all relevant times material hereto, Defendant(s) has/have been a regular user(s) of said Account for the purchase of products, goods, and/or for obtaining services. 5. Defendant(s) was/were provided with monthly statements showing all debits and credits for transactions on the Account to which there was no bona fide objection by Defendant(s). A Statement of Account summarizing the Account is attached hereto as Exhibit "A". 1 PAC101/PACP7 FILE # 182659342 M 22 6. Defendant(s) did not object to the above-mentioned statements submitted by Plaintiff and/or its assignors to Defendant(s). 7. As of the date of this Complaint, the remaining balance due, owing and unpaid on Defendant's credit card account as a result of the charges made by said Defendant(s) and/or any authorized users is the sum of $ 7583.57. 8. Interest has accrued on the aforementioned balance at that rate of 6.00% per annum. 9. As of the date of the filing of this Complaint, the amount of interest which has accrued is the sum of $ 1143.15. 10. Despite reasonable and repeated demands for payment, Defendant(s) has/have refused and continue to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 11. Plaintiff performed any and all conditions precedent to the bringing of the this action. 12. 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 $ 7583.57, plus interest in the amount of $ 1143.15 , plus costs of this action and any other relief as this Court deems just and reasonable. Respectfully Submitted, David R. Galloway #87326/Philip C. Warholic #86341 arah E. Ehasz #86469/Robert N. Polas, Jr. #201259 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 / (717) 303-6700 2 PACl02/PACP7 FILE # 182659342 s? 23 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. David R. Galloway 87326/Philip C. Warholic #86341 arah E. Ehasz #86469/Robert N. Polas, Jr. #201259 /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 PAVERF/PACP7 FILE # 182659342 1 EXHIBIT "All EXHA (10/09/08) O c N I O 1 >t w s ro* Cry? k o i n o m m ? K z n N N 'jJ N 3 d1 r r F d b [n?J b H H O i m e ?1 \ ?1 H n ;u o n ] H 3 HH y0 H w y a? 1 T? t' b Z ? M r x1 a n t7 H O ] I N m O \ i , b7 \ O 00 H o m N i N En i tz z i n n v, d . ro n i N In 1 x7 H N I to G M ro I O w ttJ ? H y n b H z] w ] m H (Cn 4) to K H [C'1 n ? r i n < N ] H H IF ] n 0 t O H N W ? 3 tr*J w ? H n t? 'ty? 1 N y 1••I O 4 1 I Uyl O > ro H J i o v n R7 N N H IP I ;u m b1 In to H N I'' ro H x n zz m I O ' O t O I ° F 0 o 1 O J to W w I ? I J c 1 F t 1 o i 1 H t N O o r 3 r (n . 3 : o s t, C > 11 H. (-) . n t7 n r n ro ro n ?- a n o n r n n K K n r o r m I 3 y O N M A H . I t H £ ? 77 n H d [+1 3 U H M d H , C b H ?< C * D Q $ C % M . b H r + 1 [ + I N- 3 o n ao * tj [+ 7 y 1 LID N C, O H N n # W n n H o \ * w I r O r b7 N to OD N W Z \ \ O M m O o m N H 0 to m i O £ » n n r n r 1 H n a I H I H r : ° z H P » £ ° 'c 1 + H z r N ]a H N H O M O I 3 I a tl G m [?] n m ? I ? r d z m N ? y ? A 3 ,Iy . n H '1 t 0 00 U M b O r xl 3 N G p 0 r) H - 3 3 n z Y ?' G o LRT7J 3 M Z w L, t ? ] C 7 n a) b H I r o n Fn n 3 1 n o r n 1-I 47 H 0 O [ -I y H n tJ • n m d H tq n m r [l ? r o a ? n 7 n ° r -4 N n In H C M ° ° b I , p M a w r d m z o \ w 6 x o In r+ z H £ m -j t4 I H VI H n 13 -j O K y b rJ yy (D ? to 3 In H H (n H M O G1 s c z . H M » M » a O + M w s bd [+1 ) 'L m M v H n H ro cqi H ? ?91 Y W 00 00 or ' C -, "t T ° n? ? f iI { Qi V SHERIFF'S RETURN - REGULAR CASE NO: 2008-07165 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDLAND FUNDING LLC VS PIERCE JOANN E MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PIERCE JOANN E the DEFENDANT , at 0936:00 HOURS, on the 3rd day of January , 2009 at 350 OLD MILL ROAD CARLISLE, PA 17013 JOANN PIERCE by handing to 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 Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 4.50 .00 10.00 R. Thomas Kline .00 32.50 01/05/2009 MANN BRACKEN By: day Deputy Sheriff A. D. t• ?.. mow - C q v? . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. 08-7165-CIVIL TERM ASSIGNEE OF BENEFICIAL 8875 AERO DRIVE CIVIL ACTION - LAW SAN DIEGO CA 92123 Plaintiff VS. JOANN E PIERCE Defendant (s) Please enter Judgment in favor of Plaintiff and against Defendant(s), JOANN E PIERCE and , for failure to answer the Complaint. ( X ) Amount due TOTAL ( 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. PRAECIPE FOR JUDGMENT $ 8726.72 $ 8726.72 , plus interest and costs ( 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: 0 O Signature: David R.-Galloway 873 /Philip C. Warholic #86341 Sarah E. Ehasz /Robert N. Polas, Jr. #201259 69 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, 2009, JUDGMENT IS ENT ED AS ABOVE. r thonotary Clerk, Civil ivisi By: Deputy PRAECJ/PACPDJ FILE # 182659342 IN THE COURT.OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC ASSIGNEE OF BENEFICIAL 8875 AERO DRIVE SAN DIEGO, CA 92123 Plaintiff vs. JOANN E PIERCE Defendant (s) TO: JOANN E PIERCE 350 OLD MILL RD CARLISLE PA 17013 DATE OF NOTICE: 01/26/09 NO. 08-7y65-CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN. THIS CASE. 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 A 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. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle PA 17013 800=-6 -9108 DVV' ?owa ? y 87326 hilip C. Warholic #86341 Sarah E. Ehasz 469/Robert N. Polas, Jr. #201259 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 IMPNOT/PANOTC FILE # 182659342 REGIONAL OFFICES LAW OFFICES REGIONAL OFFICES TEMPE, Az MANN BRACKEN LLP INIDEPENDENtI" OH AGOURA HILLS, CA AMomeys rh the Practice of Debt Collection PORTLAND, OR PA CAMP HILL CONCORD, CA CO GREENWOOD VILLAGE (A National Collection Attorney Network Firm) , PITTSBURGH, PA , DE WILMINGTON 4880 TRINDLE ROAD TN , BOCA RATON, FL SUITE 300 NASHVILLE, TN T ATLANTA GA CAMP HILL, PA 17011 HOUSTON, TX ROCKVILLE, MD IRVING, Tx NOVI. Ml THE SUCCESSOR BY MERGER TO WOLPOFF & ABRAMSON, L.LP AND ESKANOS & ADLER, P.C. SAN ANTONIO, TX CHAMPUN, MN (TOLL FREE) FAIRFAK VA HUNTERSVILLE, NC CARSON CITY, NV 1-800-830.2793 RICHMOND, VA VIRGINIA BEACH, VA ROCHESTER, NY FACSIMILE (888) 281-9028 PLEASE DIRECT CORRESPONDENCE TO CAMP HILL OFFICE 01126/09 182659342 JOANN E PIERCE 350 OLD MILL RD CARLISLE PA 17013 File No. 182659342 Re: MIDLAND FUNDING LLC, ASSIGNEE OF BENEFICIAL vs. JOANN E PIQICE Docket No. 08-7765-CIVIL TERM Dear JOANN E PIERCE Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, oway #871ip C. Warholic #86341 IT--"y1 art N. Polar, Jr. #201259 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 For. (717) 737-9051 Enclosure CC: JOANN E PIERCE This is an attempt by a debt collector to collect a debt and any information obtained will be used for that purpose. NOT 10DIPANOTC IIR-01 01MI'A' 40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC ASSIGNEE OF BENEFICIAL 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff No. 08-7V65-CIVIL TERM CIVIL ACTION - LAW Vs. JOANN E PIERCE 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 BENEFICIAL 8875 AERO DRIVE SAN DIEGO CA 92123 and certify that the last known address of the within Defendant(s) is: JOANN E PIERCE 350 OLD MILL RD CARLISLE PA 17013 _David R. Galloway #87 Philip C. Warholic #86341 Sarah E. Eh-a-k-z---yR16"W/ Robert N. Polas, Jr. #201259 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 # 182659342 39 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC No. 08-7165-CIVIL TERM ASSIGNEE OF BENEFICIAL 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. JOANN E PIERCE Defendant (s) CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . The undersigned counsel, being duly sworn according to law, depose and say that I am the Attorney for, the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and be Defendant, JOANN E PIERCE above-named, is over 21 years of age; is last known to reside at 350 OLD MILL RD CARLISLE PA 17013 County of CUMBERLAND Pennsylvania; is not in the military service of the United States or its Allies, or otherwise'within the provisions of the Servicemembers Civil Relief Act and its Amendments. COONWF.AL.TH pF PENNSYLVANIA NoWal Sea) IQmbedy L. EWN* w, Notary Public Hampden Twp., Cumbedand County My Commission E*m Nov. 17, 2009 Member, Permsvlvania Assodation of Notaries David R.`G411oway #8 /Philip C. Warholic #86341 Sarah E. Ehasz 9/Robert N. Polas, Jr. #201259 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 SWORN and SUBSCRIBED to before me this 10 day of , 2009. 4?? LAA-A- Notary Public PNMAFF/PACPDJ FILE #: 182659342 -a ^ -,rr -7f -- 38 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. 08-7V65-CIVIL TERM Plaintiff VS. CIVIL ACTION - LAW JOANN E PIERCE Defendant (s) . NOTICE OF JUDGMENT ( x ) Notice is hereby given that a Judgment in the above-captioned matter has een entered against you in the amount of $ 8726.72, plus interest, on 2009. ( x ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are attached. de, By: If you have any questions regarding this Notice, please contact the filing party. avid R, alloway #8 /Philip C. Warholic #86341 SaraT_r.--E1 s 9/Robert N. Polas, Jr. #201259 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 (This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: JOANN E PIERCE 350 OLD MILL RD CARLISLE PA 17013 STNTCI/PACPDJ FILE # 182659342 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding LLC assignee of BENEFICIAL ? ?/Lt Sr Plaintiff NO. 08-5-CIVIL T V. CIVIL ACTION - LAW JOANN E PIERCE Defendant(s) o ENTRY OF APPEARANCE C M TO THE PROTHONOTARY: ON Kindly enter the undersigned as counsel for Plaintiff in the captioned matter. Respectfully Submitted, By: qth David R. y #87326 Fu lton Fr& Gullace, LLP Counsel fiff Attorneys ractice 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: JOANN E PIERCE 350 OLD MILL RD CARLISLE PA 17013 FFG File #: 169132 1111111111111111 IN III INI 111111111111111111111111 S x-15.10 David R. Gallow y Date Attorney ID #8 26 PAPA EOA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC R ,CMS assignee of BENEFICIAL SEP S 0 210 Plaintiff CIVIL ACTION - LAW VS. No.08-7465-CIVIL T JOANN E PIERCE Defendant(s) Aneces -b INTERROGATORIES TO GARNISHEE To: MEMBERS 1 ST FCU 1000 BRYN MAWR RD CARLISLE PA 17013-1588 PURSUANT TO RULE 3253 OF THE RULES OF CIVIL PRC INTERROGATORIES HAVE BEEN SERVED UPON YOUR IN; REQUIRED TO ANSWER EACH OF THE FOLLOWING INTEF FULLY. PLEASE COMPLETE THE FOLLOWING INTERROG. EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE IMPORTANT NOTICES AND INSTRUCTIONS C? C -0Z Xrn x? enD 3 C) C) C N Q `M 0 FV rv -v w C.r.a a° z° c`?3 V M -73 W.? RE, THE FOLLOWING 'ION. GARNISHEE IS HEREBY .TORIES SEPARATELY AND ES TO ASSIST THE CREDITOR'S E REFERENCED DEBTOR(S). GARNISHEE A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) or entity against (whom the Writ Execution was issued. C. "You" means the main office and all branch offices, representatives, employees and agents of your organization. D. By service of the Writ of Execution upon you, all property of the e ndant(s) subject to attachment which is in your possession, custody or control is attached, including all ?ef operty of the Defendant(s) which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated informati n is to be supplied. When an estimate is to be used, it should be identified as such, an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information in possession of a party is reque?ted, such request includes knowledge of the party's agents, representatives, and attorneys. FFG file #: 169132 11111111111111111111111111111111111111111 IIII IIII IIIII III IIII PA/PA_BANKINTERROGS 'r INTERROGATORIES TO GARNISHEE DEFENDANT(S) - JOANN E PIERCE SS# - ***-**-7852 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? k) O 2. At the time you were served or at any subsequent time was I 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)? No 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? NO 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? NO 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. 0 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 irection or otherwise discharge any claim of the defendant(s) against you? N0 7. If you are a bank or other financial institution, at the time yqu were served or at any subsequent time did the defendant(s) have funds on deposit in an account in whi h funds are deposited electronically on a recurring basis and which are identified as being funds that upo deposit are exempt from execution, 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 deposit ng those funds on a recurring basis. PA/PA_BANKINTERROGS DEFENDANT(S) - JOANN E PIERCE ' SS# - ***-**-7852 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. 9. Please identify all accounts not listed in your answer to Inte ogatory No. 7, the amount of funds in each account, whether the funds are deposited electronically n a recurring basis and the entity electronically depositing those funds. If the defendant(s) maintai s any of these accounts jointly with any other person, or persons, give their name, address and relationsh p to defendant. N(? 10. At the time you were served or at any subsequent time, s ',ate whether or not the defendant(s) maintains any safe deposit box or boxes. If so, include the identification number or other designation of the box or boxes. Include a full description of the contents and a so the amount of cash among those contents. If the defendant(s) maintains any of these jointly with any other person or persons give their full name and address. WAO 11. 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 or the preparation of the Answer. 12. Please provide the name, business address and business telephone of the person answering these interrogatories. f 13. Please provide the address and telephone number where futu?e court documents pertaining to this case can be served on Garnishee. A- & OULLACE LLP David Gall ay #87326 (866) 56-0 9 Counsel f .Plaintiff Attorneys in the Practice of Debt Collection Please return your Answer to Interrogatories to counsel for Plaintiff at: 2 E. Main Street, Suite 500, Rochester NY 14614. FFG File #: 169132 PA/PA_BANKINTERROGS • A I I@ MEMBERS 1st FEDERAL CREDIT UNION September 21, 2010 Joann E Sjoberg 350 Old Mill Rd Carlisle, Pa 17015 Account Number: XX597 Name on Account: Kenneth Sjoberg Joann E Sjoberg (joint) Savings: $5.00 -5.00 (Membership Fee) $0.00 Checking: $647.88 50.00 (Processing Fee) $597.88 Kenneth Sjoberg has funds electronically deposited every two weeks from DFAS-CLEVELAND. No other funds are electronically deposited into this account. $300.00 Statutory Exemption was not taken out. Jod Burkholder, Deposit Operations Analyst 717-800-283-2328 ext. 6353 Members 1 st FCU 5000 Louise Drive Mechanicsburg, Pa 17055 5000 Louise Drive - P.O. Box 40 - Mechanicsburg, Pennsylvania 17055 - (800) 283-2328 - www.memberslst.org IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC ? Confessed Judgment assignee of BENEFICIAL : © other Docket No. 08-7465-CIVIL T v JOANN E PIERCE 350 OLD MILL RD CARLISLE PA 17013 cut pa"K i Judgment Amount Less Payments Interest: Total: Atty's Comm: Costs: PRAECIPE FOR ATTACHMENT EXECUTION TO THE PROTHONOTARY: $8726.72 $2750.00 $427.38 $6404.10 z J y rn _4 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 MEMBERS 1ST FCU , as Garnishee, for the following property of the defendant(s): tt4" lu - All accounts, including but not limited o, 1 sa rings, ?ecOngg and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securities, coupons, safe deposit boxes and all other pro ert y f the defendant(s) in the possession, custod37o_r_`cNtroI of Garnishee. Date 6 Signature: Print name: Davididallowgy Address: 130B Godvsbum Pike Attorney for: MIDLAND FUNDING LLC Telephone: (866) 563-0809 Supreme Court ID No:#87326 0 FFG File # 169132 *vzo PO AT '/ 32.50 C15F IIINI IINI IN I111 IN IN IN 11111111111111111111111 ?4 : od a? A -so $15A .00 - P© A`rN a. 00 ?Ued'o '50 LL PAfPA_CCSAL C,*375gto 0,083W WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 098-7465 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDLAND FUNDING LLC, assignee of BENEFICIAL, Plaintiff (s) From JOANN E. PIERCE, 350 Old Mill Rd, Carlisle, PA 17013 (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: MEMBERS 1sT FCU, 1000 Bryn Mawr Road, Carlisle, PA 17013-1588 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, safe deposit boxes and all other property of the defendant 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 $5976.72 L.L.$.50 Interest -- $427.38 Atty's Comm % Due Prothy $2.00 Atty Paid $152.00 Other Costs Plaintiff Paid Date: 9/15/10 Da . Buell, Prothonotary (Seal) By: REQUESTING PARTY: Name DAVID GALLOWAY, ESQUIRE Address: FULTON FRIEDMAN & GULLACE, LLP 130B GETTYSBURG PIKE MECHANICSBURG, PA 17055 Attorney for: PLAINTIFF Telephone: 866-563-0809 Supreme Court ID No. 87326 Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILED-OF I= ICE OF T? f--- PROTHO OTAP Y 2010 SEP 21 P? 2: 26 Richard W Stewart Solicitor C.UMBE \LAQ LOli i Midland Funding LLC, assignee of Beneficial Case Number vs. 2008-7465 Joann E Pierce SHERIFF'S RETURN OF SERVICE 09/20/2010 09:40 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2010 at 0940 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Joann E. Pierce, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Denise Harman, Assistant Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of xecution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on September 21, 2010 to Joann E. Pierce at 350 Old Mill Road, Carlisle, PA 17013. SO ANSWERS, September 21, 2010 RON R ANDERSON, SHERIFF i ael rrick, Deputy (c Crunty5uite Sherff. Ieleos;ft 4cc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of BENEFICIAL v Plaintiff NO. 08-7465-CIVIL T CIVIL ACTION - LAW JOANN E PIERCE C7 ) . Defendant(s) rrI Ca ° =-n r*? c-) Mr=- PRAECIPE TO DISCONTINUE ATTACHMENT J) r --D CD TO THE PROTHONOTARY: -0 a Please release the Writ of Execution filed against Garnishee in the referenced matter without prejudi?5= C) "z n C)m -- W 1:13 .;- 73 Respectfully Submitted, 73 By: David R. Gallo ay #87326 Fulton Fried n & Gullace, LLP Counsel fo laintiff Attorneys i the Practice of Debt Collection 130B Gettysburg Pike Mechanicsburg, PA 17055 (866) 563-0809 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: JOANN E PIERCE 350 OLD MILL RD CARLISLE PA 17013 MEMBERS 1ST FCU 5000 LOUISE DR MECHANICSBURG, PA 17055 David R. alloway Attorne ID #87326 FFG file #: 169132 (IINI IINI 1111 IIIII IINI IINI ICI IINII INiI 1111 IN IIIN IIII $' fir. 00 P dff`1 tof#6 ?V6 P?-gY9(,y3 PAIPA_PRAEDISATT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of BENEFICIAL Plaintiff v. JOANN E PIERCE Defendant(s) NO. 08-7465-CIVIL T CIVIL ACTION -LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in the above captioned action as paid and satisfied. Respec ubmitted, By: David R. Gallov y #87326 Fulton Frieda ri & Gullace, LLP Counsel for aintiff Attorneys in the Practice of Debt Collection 130B Gettysburg Pike Mechanicsburg, PA 17055 (866)563-0809 CERTIFICATE OF SERVICE -~ r-- ~, -±~ -- ~! t ~ ~ -c~ rn`;~ t r~ ~ C7 ~~ -v o~ ~ ~ ~ c=~ ~L N 0 prn ~ ~ - ~ ~ ~ I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office, first class mail, postage prepaid, addressed as follows: JOANN E PIERCE 350 OLD MILL RD CARLISLE PA 17013 ~~~ David R. alloway Attorney #87326 FFG file # 169132 ~$.00 PQA~TJ ~~ ~ga7q ~# a5o7o ~ PA/PA_PRAESAT r Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY TH?'LPROTHO OTA2 y 2011 APR 15 PM 1, 10 CUMBERLAND COUNTY PENNSYLVANIA Midland Funding LLC, assignee of Beneficial I vs. Case Number Joann E Pierce 2008-7465 SHERIFF'S RETURN OF SERVICE 09/20/2010 09:40 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2010 at 0940 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Joann E. Pierce, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Denise Harman, Assistant Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of xecution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on September 21, 2010 to Joann E. Pierce at 350 Old Mill Road, Carlisle, PA 17013. 04/14/2011 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: $87.05 SO ANSWERS, April 14, 2011 RON R ANDERSON, SHERIFF A r7 aron R. Lantz 0. C)o P'?(. (?4, ,aS?a7/ is C.;runtyiuite Shertf, ieiecso t. Irv;.