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HomeMy WebLinkAbout09-2679552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND MIDLAND FUNDING LLC ASSIGNEE OF OF FCNB/SPIEGEL 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. TERESA C STEIGLEMAN 1 SGRIGNOLI LN ENOLA PA 17025 Defendant (s) Civil Complaint Filed on behalf of: COUNTY, PENNSYLVANIA NO. oq - 011079 (21,v 11 lam CIVIL ACTION - LAW Plaintiff, MIDLAND FUNDING LLC Counsel of record for this party. Date: "t Id" A( /-?& Dav d R. Ga lowa #87326/-Phil ip C. Warholic #86341 S" E. Ehasz 486469/Robert N. Polas, Jr. #201259 ,,-ffimY 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: 866-253-0128 Fax: (717) 737-9051 Counsel for Plaintiff Cover - General PACVR/PACVR FILE # 182782767 561 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. ASSIGNEE OF OF FCNB/SPIEGEL 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CIVIL ACTION - LAW TERESA C STEIGLEMAN 1 SGRIGNOLI LN ENOLA PA 17025 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 # 182782767 564 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. ASSIGNEE OF OF FCNB/SPIEGEL 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CIVIL ACTION - LAW TERESA C STEIGLEMAN . 1 SGRIGNOLI LN ENOLA PA 17025 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 # 182782767 567 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC ASSIGNEE OF OF FCNB/SPIEGEL 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. TERESA C STEIGLEMAN 1 SGRIGNOLI LN ENOLA PA 17025 Defendant (s) NO. 09- .24.79 el?j- 7Z., CIVIL ACTION - LAW 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 OF FCNB/SPIEGEL located at, 8875 AERO DRIVE SAN DIEGO CA 92123 2. Defendants, TERESA C STEIGLEMAN , is/are adult individual(s) with last known address(es) of 1 SGRIGNOLI LN ENOLA PA 17025 COUNTY OF CUMBERLAND 3. It is averred that Defendant(s) was/were issued an open end credit card account. 4. At all relevant times material hereto, Defendant(s) has/have used said charge card 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". PAC1M1/PACP7 FILE # 182782767 1 570 6. 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 in the sum of $ 5041.47. 7. 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. 8. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. 9. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant(s) in the amount of $ 5041.47, plus costs of this action, and any other relief as this Court deems just and reasonable. Respe/-fitfully 4o4ittjed, David R. Galloway 7326/Philip C. Warholic 1186341 Saa E. Ehasz 186469/Robert N. Polas, Jr. 11201259 4,, my F. Doyle 1187062 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 / 866-253-0128 PAC1M2/PACP7 FILE # 182782767 2 573 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 A. Galioway it 7326/Philip C. Warholic #86341 Sarah E. Ehasz 86469/Robert N. Polas, Jr. #201259 --' y 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: 866-253-0128 Fax: (717) 737-9051 PAVERF/PACP7 FILE # 182782767 568 EXHIBIT "All EXHA (10/09/09) O f N f O ( ((r]] r r mr?? {" +1 r o 7 IJ N 9 (( 2 ? I d H d d H p o' ? i? 1f ,h?o ? H? d o l i x ddn n w ?? I ? ? y o u I ? r o? I 01 to I z r • 7D H C 1 ? ?A]] {?dt?J ?+ ?0 ?' ? { MM/I 1 y m ?J+ I M' I ( odo (n? I i r p6d7J err N 1 N ti n'? O r I ? vi o 1 d J (? < o d Pi O tp ?N' H ? r i n o ( O O 1 3 v i a r r J t 1 1 ;2f N 1 N I o I o i i D r ? o r o n r tlr of ? ? Io' ? ? a ? a ? n a n ?y7 P (Ip] Iy? 8 ??p (pp] d + W x H Z d ' M ? H iR r ? O. i? 10 }y 61 N H COC r ? • A w ((r?? p H i r 3 7 O \ V H • n ('? e \ 0 m tJ 7 y !r N r U n 'f7 H t+ o r \ N i r r r N J m r N r ( , J m hzyl W Y 17 Cr o W 04 R 'J O E r : O ( w m J 3 » » 1 n ? ? n n ~ = A H to In p H o ? C N yd z O N Y ? ~ ysy H O ( pl .?. s w x z N m g 0 ?rr+ A (7 o o n r (] v o ?Hg dH H M r O ? 7 r ? H r i4 p H Y r r N UI ?• (] (r] (? (o \ sn to zM O 3 ? r ? \ ? Q rt ? [? r ? 70 E °w r ? x J ? 3y r H d J IIA?? H H M r C H r r i lrJ r O +1 • r \ (!1 q H N N 01 m r 0 vY -f,7&. go Po Al'rY cw'* a(*CAga iU* aa44i.3 Sheriffs Office of Cumberland County R Thomas Kline 0111" of `? rrbrrf Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF T SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/30/2009 10:05 AM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 30, 2009 at 1005 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Teresa C. Steigleman, by making known unto Ken Steigleman, husband of defendant at 1 Sprignoli Lane Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 May 04, 2009 2009-2679 Midland Funding, LLC VS Teresa C. Steigleman SO ANSWERS, R THOMAS KLINE, SHERIFF By Z- Deputy Sheriff N =" . = 00 eT J, .? (p A cy, -C LAW OFFICES OF ROBERT M. WALKER, LLC Robert M. Walker, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 Attorney for Defendant MIDLAND FUNDING, LLC, Plaintiff V. TERESA C. STEIGLEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-2679 Civil Action - Law PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Teresa C. Stegleman, Defendant in the above matter. Papers may be served at the address set forth below. Robert M. alker, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 (717) 761-1201 (Fax) Attorney for Defendant 0 , fi'a 24 Pr' 'I i s 3ID LAW OFFICES OF ROBERT M. WALKER, LLC Robert M. Walker, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 Attorney for Defendant MIDLAND FUNDING, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 09-2679 TERESA C. STEIGLEMAN, Civil Action - Law Defendant DEFENDANT'S ANSWER TO COMPLAINT AND NEW MATTER AND NOW, Defendant, Teresa C. Steigleman, by and through her undersigned attorney, Robert M. Walker, submits the following Answer and New Matter to Plaintiffs Complaint and in support thereof avers the following: 1. Admitted in part, denied in part. It is admitted, based on information and belief, that the Plaintiff is Midland Funding, LLC with an address of 8875 Aero Drive, San Diego, California, 92123. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to whether or not the Plaintiff is the assignee of FCNB/Spiegel and therefore said allegation is denied. 2. Admitted. 3. Admitted in part, denied in part. Paragraph 3 makes reference to "an open end credit card account" and therefore Defendant has some uncertainty as to the specific credit card in question, although Defendant was previously contacted by Plaintiff in regards to a credit card issued by Spiegel. For the purposes of this Answer is admitted that Defendant was issued a credit card by Spiegel. 4. Admitted. It is admitted that Defendant used a Spiegel credit card for purchase of products, good and for obtaining services. 5. Admitted in part, denied in part. It is admitted that Defendant was provided monthly statements for a period of time showing debits and credits for transactions on her Spiegel credit card account. It is denied that there were no bona fide objections by Defendant as to said statements. By way of further answer, the document referred to in Paragraph 5 is a written document that speaks for itself and any characterization thereof by Plaintiff is denied. 6. Denied. After reasonable investigation, Defendant is without knowledge as to the precise amount or balance allegedly due on Defendant's Spiegel credit card account. 7. Admitted in part, denied in part. It is admitted that Plaintiff has, from time to time, made demands upon Defendant for payment of alleged balances due against Defendant's Spiegel credit card account. It is denied that Defendant has failed and refused to pay the same or any part thereof. 8. Paragraph 8 is a legal conclusion to which no responsive pleading is required. 9. Admitted. NEW MATTER 10. Defendant hereby demands that this dispute be referred to a Board of Arbitrators pursuant to the Cumberland County Rules of Procedure. WHEREFORE, Defendant demands dismissal of Plaintiffs Complaint, at Plaintiffs cost. Respectfully submitted, Date: ? llf-/ By: Ro M. Walker uire Court I.D. No. 8 340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 Attorney for Defendant CERTIFICATE OF SERVICE I certify that on this day I served a copy of the foregoing document via first-class U.S. mail, postage prepaid, which service satisfies the Pennsylvania Rules of Civil Procedure, addressed to: David R. Galloway, Esquire Mann Bracken LLP 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Ro rt M. Walk squire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 (717) 761-1201 (Fax) Attorney for Defendant VERIFICATION I, Teresa C. Steigleman, hereby verify that all the averments of fact contained in the foregoing Defendant's Answer with New Matter to Plaintiffs Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Da e: -Lev Teresa C. Stei man 2U709 C» ?-} i' f { ti .i ir, y ;: MIDLAND FUNDING, LLC, Plaintiff VS. TERESA C. STEIGLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-2679 CIVIL ORDER AND NOW, this 11' day of August, 2010, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. William C. Costopoulos., Esquire, Chairman, shall be paid the sum of $50.00. -' William C. CostoPoulos, Esquire Court Administrator -QL I rim BY THE COURT, __? 1?14 Kev' A. Hess, P. J. 0 1 b ~~- 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY n PENNSYLVANIA MIDLAND FUNDING, LLC, ASSIGNEE OF FCNB/SPIEGEL, Plaintiff V. TERESA C STEIGLEMAN, Defendant ~~ rn rn ~~ cn r' --~ ~_' N0.09-2679 ~ ;~' n ~= c, CIVIL ACTION -~~V ~~ ST1Q'ULATION AND AGREEMENT FOR ENTRY OF JUDGMENT N d a c-7 --~ tv c~ xs• ~: q .~ --.J AND NOW, .comes Plaintiff MIDLAND FUNDING, LLC, by and through its attorneys, FULTON FRIEDMAN & GULLACE, LLP, and Defendant who stipulate and agree as follows: Pa. R.C.P. 1037(c) provides that in all cases, the Court, on motion of a party, may enter an appropriate judgment against a party upon admission. 2. Defendant agrees and admits that Judgment should be entered against her and in favor of Plaintiff in the amount of $5,041.47, plus costs of suit. 3. The parties agree that the Court, upon motion of Plaintiff, may enter Judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without further proceedings or notice. By BY Robert M. Wa cer, Esq. David R Gall ay 3461 Market St., Ste 103 Attorney I.D No. 87326 Camp Hill, PA 17011 130B Gettysburg Pike Attorney for Defendant Mechanicsburg, PA 17055 Attorney for. 1 intiff Date: Date: ~ ~~ ~I+~.00 Po ~cr-M ~# ~{u3o E~ oZ503r/3 0 -n ~~ mr ^° rn ~} O cJ , --o 0 ~ -n o -~ ~~ c~ ~ N~~ ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC, Civil Action ASSIGNEE OF FCNB/SPIEGEL, Plaintiff v. No. 09-2679 TERESA C STEIGLEMAN, Defendant CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of the foregoing Stipulation and Agreement for Judgment was served this date by depositing same in the Post Office, first class mail, postage paid, addressed as follows: Robert M Walker, Esquire 3461 Mazket St., Ste 103 Camp Hill, PA 17011 Date: I Res fully submitted, By: _ David R 1 ay, Esquire #87326 Fulton, Fried & Gullace, LLP 130B Gettysburg Pike Mechanicsburg, PA 17055 t •. ffi OCT 2 9 2010 der 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MIDLAND FUNDING, LLC, ASSIGNEE OF FCNB/SPIEGEL, Plaintiff N0.09-2679 v. CIVIL ACTION -LAW TERESA C STEIGLEMAN, Defendant ORDER AND NOW, this ~ ~ day of /~Jbvc..~Gv- , 2010, upon consideration of the attached Stipulation and Agreement for Entry of Judgment, Judgment is hereby entered in favor of Plaintiffand against Defendant in the amount of 55,041.47, plus costs of suit. The Prothonotary is directed to enter and index this Judgment accordingly. BY THE COURT: ~~ J. Far Pla' David R Galloway, Esquire FULTON FRIEDMAN & GULLACE, LLP 130B Gettysburg Pike Mechanicsburg, PA 17055 . Walker, Esquire 3461 Market St., Ste 103 Camp Hill, PA 17011 ~ ~ -ta -~ ~ o -r "~ ~~~,~~ v r ~~ ~ ~© ~ <~ ~ - ~ -~a ~ x ~ Q ~~ _ .. ~ a~ c~ D -~ coo ~ -C For Def ant: Robert M