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Home My WebLink About09-3883141 IN THE COURT OF COMMON PLEAS OF CUMBERLAND MIDLAND FUNDING LLC ASSIGNEE OF ASSOCIATES 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CHRISTY J STARR 125 N 17TH ST CAMP HILL PA 17011 Defendant (s) COUNTY, PENNSYLVANIA N0 . q- 3883 Liy i l l P.r' w CIVIL ACTION - LAW Civil Complaint Filed on behalf of: Plaintiff, MIDLAND FUNDING LLC Counsel of record for this party. Date: U/0/ f/u/J00 6 David R. Galloway 7326 11* Sarah E. Ehasz 86469 o ert N. Polas, Jr. #201259 Any F. Doyle IJ87062 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 # 182653204 MIDLAND FUNDING LLC ASSIGNEE OF ASSOCIATES 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CHRISTY J STARR 125 N 17TH ST CAMP HILL PA 17011 Defendant (s) NO. COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CVRNOT/PACP7 FILE # 182653204 MIDLAND FUNDING LLC ASSIGNEE OF ASSOCIATES 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CHRISTY J STARR 125 N 17TH ST CAMP HILL PA 17011 Defendant (s) NO. COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 Is 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 demanders 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CVRNOS/PACP7 FILE # 182653204 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. 09- 3$93 C,,?- r.1-- ASSIGNEE OF ASSOCIATES 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CIVIL ACTION - LAW CHRISTY J STARR 125 N 17TH ST CAMP HILL PA 17011 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 ASSOCIATES located at, 8875 AERO DRIVE SAN DIEGO CA 92123 2. Defendants, CHRISTY J STARR is/are adult individual(s) with last known address(es) of 125 N 17TH ST CAMP HILL PA 17011 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". 1 PAC1M1/PACP7 FILE # 182653204 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 $ 6724.91. 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 $ 6724.91, plus costs of this action, and any other relief as this Court deems just and reasonable. Respectfully StAmitted, David R. Galloway 8 26/ i ip . Warholic Sarah E. Ehasz x{86469 o er o as, 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 / 866-253-0128 2 PAC1M2/PACP7 FILE # 182653204 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. ? ZV, /I David R. Galloway #873 /P ip C. Warholic 11863 Sarah E. Ehasz #86469/Robe-ro adsr 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: 866-253-0128 Fax: (717) 737-9051 PAVERF/PACP7 FILE # 182653204 EXHIBIT "A" EXHA (10,09yo8) * * * r * to * V q * r o n n n N n ??yI n ° vi n N N N N ,?7 N O r r n tys?] C0+7 r pdj ''nA? ld?1 I„ H o ? 90a :u H H H H C m t*yJ a m t+7 z ''s] x 'b? U] z [+1 O I o yr o?? n ti H o * y ? n M I N \ O\ N n u r 0 r to I to N N m \ H O O m N to Z z * e ? n N H * d N * n o w ? * ro n * ?+ n M N 0 bii ° n N t" H N ??H•++ ro A z INn ? yy cf) y O Rl n H t" 3 t7 e lu 111 N N m H r I J H O r y K A ttj v t] to * H ?. o n l7 N ai O1 N m u y to * r t7 0 t° ? N 0 6 t-I O ;C O O to w H H x A zOz t•] O O O O O 01 n 0 \ N m co w 0 3 o `Q n n° n ro ro n -li a n o n r A n a r r r o r m (p a I C a n zHz ??7 ? H z z M d H E 3 HC13 y H 3 a ?S d a 9 40, tD H a H o n m t: n\i L" O * \ I P- O O * N 01 N r ttl O (+7 O * N \ O M m ZZO O O m o ;v O m w co H * * IP n E * n n : ? n r * Iri N * * n H m * M ?? x r 3 ti H w H r• n ''» o tri ' o f? a A O W r ?j ?-+ r x1 .r. m ry 1 d a z n O1 0 M o 3 X N H d C N x * a nn H O ~ n n? Y z o ty r ri) b A O H ) H n Cl) 03 ??ll ??d++ C M CO H H Q \ H A M H M C n r * o zd n I {p * 'r(?] rn n n m m H° M ln v K 10 IP O C1 'A o t+ z H ;CI fn E In 1Q H r I K r A C r m to H H to C H * H ? * P] s O M * * cb m m O o n W H IP H H ro q h! r 0 OF THE P'R"O HDINOTARY 2099 J,l j I I P11 I: 0 L, liNly P NNSYLlVAN A. $-M.5o Po An'%I Clc,# a9 0908 12TH` u(o So Sheriffs Office of Cumberland County R Thomas Kline 4ti??,tr of t?rrrr, rr n? Edward LSc oitop Sheriff Ronny R Anderson Jody S Smith Chief Deputy 0M U Civil Process Sergeant Midland Funding LLC vs. Christy J. Starr Case Number 2009-3883 SHERIFF'S RETURN OF SERVICE 06/30/2009 05:35 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2009 at 1735 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Christy J. Starr, by making known unto herself personally, defendant at 125 N. 17th Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $55.00 July 01, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 00 Depu y Sheriff n ° o C C= -rt ?f UT _ d. ?.:'... r.r. rn P . { ? , ,- t 7 N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC ^ Confessed Judgment assignee of ASSOCIATES ® Other :Docket No. 09-3883 v CHRISTY J STARR 125 N 17TH ST CAMP HILL PA 17011 6~ra~.q i - !?00 . Do 3oa ~ 9 Judgment Amount Less Payments Interest: Total: Atty's Comm: Costs: PRAECIPE FOR ATTACHMENT EXECUTION TO THE PROTHONOTARY: $6724.91 $ci7oo.o0> $251.93 $5276.84 The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract or account based on a confession of judgment, but if it does , it is based on the appropriate original proceeding filed pursuant to act 7 of 196b as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of attachment in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, directing attachment against METRO BANK , as Garnishee, for the following property of the defendant(s): All accounts, including but not limited to, all savings, checking and other accounts, certificates of deposit, notes r ceivables, collateral, pledges, documents of title, securities, coupons, safe deposit boxes and all other prope y o the defendant(s) in the possession, cult r control of Garnishee. Date 1 ~ l~ ~ o Signature: Print name: David lows Address: 130B Ge sbur Pike MC' ~.O ~e ~1` a~lwucu ~. vau . ~a .....,.. ~ ~'Q~ AIK° Attorney for: MIDL FUNDING LLC COrli9le PR 17013 Telephone: (866) 563-0809 Supreme Court ID No:#8732b ~ ~ ~ ~ ~ ?= ' ~ = --a ' ~ rn ~ FFG File # 166811 ~~ ~ ~ .~ IIIIIIIINIIINIIIIIIINIIIIIIIIIVIIIVIIIII~NIIIIII~ ~° p n ~ ~. n~ ~"' ~ a~.5o PA arry 3s. oo CSF' 7$.50 ~ ~ 1.00 " a.so 171.50 - PD A`tTy ~a. oo due ~, So Ll. ~'~ p ~i~Tl L ~ ~' ~_ ~ . , ~~ ~~r lea Q~~sooo~{ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-3883 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDLAND FUNDING LLC, assignee of ASSOCIATES Plaintiff (s) From CHRISTY J. STARK, 125 N 17`h St, Camp Hill, PA 17011 (1) You are directed to lery 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: METRO BANK, 65 Ashland Avenue, Carlisle, PA 17013 All accounts, including but not limited to, all savings, checking and other accounts, certifiecates 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 $5024.91 Interest -- $251.93 Atty's Comm Atty Paid $174.50 Plaintiff Paid Date: 10/21/10 • (Seal) L.L. $.50 Due Prothy $2.00 Other Costs David rothon By: Deputy REQUESTING PARTY: Name DAVID GALLOWAY, ESQUIRE Address: FULTON FREIDMAN & GULLACE LLP 130B GETTYSBURG PIKE MECHANICSBURG, PA 17055 Attorney for: PLAINTIFF Telephone: 866-563-0809 Supreme Court ID No. 87326 SHERIFF'S OFFICE OF CUMBERLAND COUNT~1f Ronny R Anderson Sl7e/'lff ~ s~'~t1t4' ~f "~iuubrr„r~i Jody S Smith `~ Chief Deputy ``, - _ 1, Richard W Stewart Solicitor `~~ = .~~ ~`` ~~~~:~~~ Midland Funding LLC Assignee of Platinum Select vs. Christy J. Starr SHERIFF'S RETURN OF SERVICE 11/02/2010 09:50 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states th ton November 2, 2010 at 0950 hours, attached as herein commanded all goods, chattels, rights, debts, cr dits, and monies of the within named defendant, to wit: Christy J. Starr, in the hands, possession, or contr I of the within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Penn yivania, 17013, by handing to Maureen Rosado, Head Teller, personally three copies of interrogatories tog her with three true and attested copies of the writ of execution and made the contents there of known to her ase Number 2009-3883 The writ of execution and notice to defendant was mailed on November 3, 2010 to Christ J. Starr at 125 N 17th Street, Camp Hill, PA 17011. ~ November 03, 2010 SO ANSWERS, t~ • t~ RON R ANDf ~! ` +~' `( Noah Cline, '. SHERIFF ty t~:-. ..~- :.. ~.` c~ ,~ d a .,_. +-~ ' - ~-- --~ `w.~ ~ E ~:: ---, ..v . ~ r ~° ,s «y~ ' ~r~ ~Y~ ~.x +~. ~ ~:: .. ,~ c CnuniySuite SheriYf. Teieoseft, inc. EN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of ASSOCIATES Plaintiff vs. CHRISTY J STARR Defendant(s) To: METRO BANK 65 Ashland Avenue CARLISLE PA 17013 CIVIL ACTION - LAW No.09-3883 Rnwxm do INTERROGATORIES TO GARNISHEE .., D ; PURSUANT TO RULE 3253. OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). MTORTANT NOTICES AND INSTRUCTIONS TO 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 Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property 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 information 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 requested, such request includes knowledge of the party's agents, representatives, and attorneys. FFG file #: 166811 1111111111111 IN 11111 IN IN IN 11111111111111111111 PA/PA_BANKINTERROGS INTERROGATORIES TO GARNISHEE DEFENDANT(S) - CHRISTY J STARR SS# - ***-**-2720 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? Defendant has account xxxxx1456 with a balance of $1952.55. 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 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? no 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? no 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 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 number and state the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. no PA/PA_BANKINTERROGS , DEFENDANT(S) - CHRISTY J STARR SS# - ***-**-2720 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. no 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. See answer to question 1 10. At the time you were served or at any subsequent time, state 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 also 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. no 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 for the preparation of the Answer. no 12. Please provide the name, business address and business telephone of the person answering these interrogatories. Jennifer Hilbish - Levy Specialist Metro Bank 3501 Paxton St, H isburg PA 17111 13. Please provide the a ress and telephone number where future court documents pertaining to this case can be served on Garnishee. See answer to question 12 ON7 FRMDMAN, & GULLACE LLP 74 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 #: 166811 PA/PA_BANKINTERROGS VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unswom falsifications to authorities, that he/she is Jennifer Hilbish (Name) Leyy SQecialist 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. Jb 4(SI(JkATUkE) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of ASSOCIATES v Plaintiff NO. 09-3883 CIVIL ACTION - LAW CHRISTY J STARR r-1:- Q Defendant(s)., cM r- --? cnr- -) " PRAECIPE TO DISCONTINUE ATTACHMENT o TO THE PROTHONOTARY: c° r 3 C-- Please release the Writ of Execution filed against Garnishee in the referenced matter without prejudices rV j Respectfully Submitted, By: / Y David R. Gal way #87326 Fulton Fri an & Gullace, LLP Counsel f r Plaintiff Attorneys in 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: CHRISTY J STARR 125 N 17TH ST CAMP HILL PA 17011 METRO BANK 65 Ashland Avenue CARLISLE PA 17013 FFG file #: 166811 David R. Ga Attorney ID 111111 IINI IINI IINI IINI IINI ICI I?III NII INII I?IiI N IIII PA/PA_PRAEDISATT ??p otIL'Oal3?