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Home My WebLink About09-4989a IN THE COURT OF COMMON PLEAS OF CUMBERLAND MIDLAND FUNDING LLC ASSIGNEE OF PLATINUM SELECT 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CHARLES BITNER JR 429 N EAST ST CARLISLE PA 17013 Defendant (s) Civil Complaint Filed on behalf of: COUNTY, PENNSYLVANIA NO. OQ-'40q alvi l 10-M CIVIL ACTION - LAW Plaintiff, MIDLAND FUNDING LLC Counsel of record for this party. Date: 010 David R. Gallow #87326/Philip C. Warholic ??86341 Sarah E. Ehasz #86469/Robert N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 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 # 184384123 /691 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. ASSIGNEE OF PLATINUM SELECT . 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CIVIL ACTION - LAW CHARLES BITNER 7R 429 N EAST ST 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 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/PACP7 FILE # 184384123 7696 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. ASSIGNEE OF PLATINUM SELECT 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CIVIL ACTION - LAW CHARLES BITNER JR . 429 N EAST ST . 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 # 184384123 7697 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. D q_ g 9 Jf 9 ASSIGNEE OF PLATINUM SELECT . 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CIVIL ACTION - LAW CHARLES BITNER JR 429 N EAST ST 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 PLATINUM SELECT located at, 8875 AERO DRIVE SAN DIEGO CA 92123 2. Defendants, CHARLES BITNER JR is/are adult individual(s) with last known address(es) of 429 N EAST ST CARLISLE PA 17013 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 # 184384123 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 $ 6064.99. 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 $ 6064.99, plus costs of this action, and any other relief as this Court deems just and reasonable. Respect"lly Submitted, David R. Galld4ay #87326/Philip C. Warholic #86341 Sarah E. Ehasz #86469/Robert N. Polas, Jr. #201259 Amy F. Doyle #87062 MANN BRACKEN LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 866-253-0128 2 PAC1M2/PACP7 FILE # 184384123 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: Gallokaay #87326/Philip C. Warholic #86341 Sarah E. Ehasz #86469/Robert N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 PAVERF/PACP7 FILE # 184384123 EXHIBIT "A" EXHA (10/09/08) n N (7 M f) ro N ('1 .n AA o n n n ?o n H n 4C H n\ r N N N x N Z N HH H O 4 I ti I to %D n tyxy Vdii baf rw? t0i H 7, .Oro o ? to E . 03 H H H HO H X H to -ro•I t ? 2 yy ?1yyJ A 7. bC7 ?y y ri 01 A G ?xxxC » H .ro H H tj E O? H % n M r C 1H3. m c N n t* 1 N V] \ 3 'A N F ?' ? ? adi m doo ? i fA N J H O Rl J C ?OO 1r•1 m rn H tl+l ZH Z h 1 r O S7 0 S? » N h H [r1 C7 A ?N•I G • 'r0 n f • n N M ?W R? N? C n IA O N N tHr ? yN two w M Q i M H C Q `o < 1 1 m e o ? ? ? rn m n ? O to on H Ca?i ? H ? f two n O (7 < rRl N IFl r"? N ? H < g o n J M Rl b I C? W ? H u4 1 0 n do b? o ? N H H O » 1 I yi o N H J p W ? d v A r M. N I? () N to W J H 1 ? 1 fH1 Z I O o r 4 o r ? O 4 0 o 1 o t 1 O\ O I ? I b '? C I c N t N ' o r o h 1 a n ~ r O 1 j a 0 1 'l d ? i p. qZ3 1 1 tQ N 1 O to I N O •J 1 4 3 E r 1 t N 0 h i ? ? q F Y ; M ',1 1+ n e [tJ f• 4(1? 7 W 70 f 'h OMM? F ty O ti O F t E c h n (r H c ?If ? l? O h 1 A C H ' i H r ?° ro ? ? n 1 ? ? ri o A C 1 K » N 1 En h4 N '? r m i 4 n to r » a J I+7 O » W F+ H \ » m I A C" r • I> I J O O W W I O\ N I r ? to » n ? ? r m • O h •I r z a :0 L, N H HH f s Q I ri • ? n H O 3 1 N O h' b' R1 OD fp H N t7 A M i H 01 o 1O ? H 0 O IP n ty w o ri 4 -I n H d o 1 N n IiJ W ? ? ? n n 3 N ? ? ro n I I M ?' ? ~ ?Oyy H IO ? R I ? O4 N p O E• N O R I N 1 tD fAA] 1 ? ?o n I ? K H • I g • to i • ti] • • i i • W M N Z 39 r Q to N 0 a. OF THE F""' 2G09 JU!" 23 Ali 11; 48 Vtll'ti% j J???f $18.50 PO ATrY co 33(o9 64 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ?gtt?ttiP tit 4n+raGrrf???9 CfFfil E _;.' .-_I ?,- RIFF F1 LEE; - L", OF THE" Pi"", 2009 JJt- 28 PH 3: 20" Edward L Schorpp Solicitor Midland Funding LLC I Case Number vs. 2009-4989 Charles Bitner, Jr. SHERIFF'S RETURN OF SERVICE 07/24/2009 09:10 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on July 24, 2009 at 2110 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Charles Bitner, Jr., by making known unto himself personally, defendant at 429 N. East Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to hirr personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS, July 27, 2009 R THOMAS KLINE.AHE51FF uty Sher oul IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. 09-4989 ASSIGNEE OF PLATINUM SELECT 8875 AERO DRIVE CIVIL ACTION - LAW SAN DIEGO CA 92123 Plaintiff VS. CHARLES BITNER JR Defendant (s) PRAECIPE FOR JUDGMENT Please enter Judgment in favor of Plaintiff and against Defendant(s), CHARLES BITNER JR and , for failure to answer the Complaint. ( X ) Amount due $ 6064.99 TOTAL $ 6064.99 , plus costs and statutory interest from the date of Judgment. ( 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 an copy of the notice i atta ed. DATE: Signature Davi R. G 11 wa 8732 ilip C. Warholic #86341 Sarah E. E asz #86469 Robert N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 NOW, 2009, JUDGMENT IS EN RED AS AB . Pro 0notary/C1 vil Division By: Deputy .PRAECJ/PACPDJ FILE # 184384123 REGIONAL OFFICES TEMPI- AZ AGOURA HILLS, CA CONCORD,CA GREENWOOD VILLAGE. 00 WILMINGTON, DE BOCARATON, FL ATLANTA, GA ROCKVNiE,MO NOVI, MI CHAMPLIN, MN HUNTERSVILLE. NC CARSON CITY, NV ROCHESTER, NY 184384123 CHARLES BITNER JR 429 N EAST ST CARLISLE PA 17013 LAW OFFICES MANN BRACKEN LLP Attorneys in the Practice of Debt Collection to National Collection Attorney Network Firm) 4660 TRINDLE ROAD SUITE 300 CAMP HILL. PA 17011 (TOLL FREE) 1-800.745-7303 FACSIMILE (866) 281-9028 PLEASE DIRECT CORRESPONDENCE TC CAMP HILL OFFICE 08/17/09 REGIONAL OFFICES INDEPENDENCE, OH PORTLAND, OR CAMP HILL, PA PITTSBURGH, PA CLINTON, TN NASHVILLE TN HOUSTON,TX IRVING, TX SAN ANTONIO, TX FAIRFAX, VA RICHMOND, VA VIRGINIA BEACH, VA Hours otoperation: 8 a.m. 9 p.m. EST M-F I File No. 184384123 Re: MIDLAND FUNDING LLC, ASSIGNEE OF PLATINUM SELECT vs. CHARLES BITNER JR Docket No. 09-4989 Dear CHARLES BITNER JR Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, David R. Gdlloway #8732 ?lip C. Warholic #86341 Sara . #86AM7FT o ert N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 Enclosure CC: CHARLES BITNER JR This is an attempt by a debt collector to collect a debt and any information obtained will be used for that purpose. NOT 10D/PANOTC LTRH01 IG: rt?v9 +.rv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. 09-4989 ASSIGNEE OF PLATINUM SELECT 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CHARLES BITNER JR Defendant(s) TO: CHARLES BITNER JR 429 N EAST ST CARLISLE PA 17013 DATE OF NOTICE: 08/17/09 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY 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. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle PA 17013 David R. Gal way #87 clip C. Warholic #86341 saran-fir z- $bl+i rt N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253•-0128 Fax: (717) 737-9051 IMPNOT/PANOTC FILE # 184384123 613 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC ASSIGNEE OF PLATINUM SELECT 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff No. 09-4989 CIVIL ACTION - LAW VS. CHARLES BITNER JR Defendant (s) CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I hereby certify that the precise residence of Plaintiff is: MIDLAND FUNDING LLC ASSIGNEE OF PLATINUM SELECT 8875 AERO DRIVE SAN DIEGO CA 92123 and certify that the last known address of the within Defendant(s) is: CHARLES BITNER JR 429 N EAST ST CARLISLE PA 17013 David R. Galjo4ay #871%kPhilip C. Warholic #86341 Sarah E. Eha z obert N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 PCRES/PACPDJ FILE # 184384123 OF THE P,r?1',MTARY 2009 SEP -8 PM 1: 48 M}{-, p$??iL?:_[t?1/i1`lrpp{?,fgIJS 1t Vk.ov;?4- A4? eta '4ot V2--) NO?ILC, Milt 6( 605 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. 09-4989 Plaintiff VS. CIVIL ACTION - LAW CHARLES BITNER JR Defendant (s) NOTICE OF JUDGMENT ( x ) Notice is hereby given that a Judgment in the above-c Tone matter has been entered against you in the amount of $ 6064.99, on 2009, plus costs and statutory interest from the date of Judgment. ( x ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are attached. By: If you have any questions regarding this Notice, please contact the filing party. ?_...,? David R. Ga l'daay hilip C. Warholic #86341 ara E. E z N. Polas, Jr. #201259 Amy F. Doyle #87062 Mann Bracken LLP / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: 866-253-0128 Fax: (717) 737-9051 (This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: CHARLES BITNER JR 429 N EAST ST CARLISLE PA 17013 STNTCI/PACPDJ FILE #_1843.84123 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding LLC assignee of PLATINUM SELECT v CHARLES BTTNER, Jr. 429 N EAST ST CARLISLE PA 17013 ~~~~rl~~ Confessed Judgment t~~ ~F p~~-~R...~,~~~~~ Other Docket No. 09-4989 2a i 0 Jt1~l ~ 4 are 1~zl~nt Amount $6064.99 Less Payments $0.00 CU~1I~:;-,~,~,`~~ E:.~::r t: $288.00 P~Ni~SYf..VAt't! o a : 6352.99 tty's Comm: $ Costs: $ PRAECIPE FOR ATTACHMENT EXECUTION TO THE PROTHONOTARY: 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. ~ (or fEsl.la.~c AJC+~JG) C~ rl~sl ~ , oA- l,6~3 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 receivables, collateral, pledges, documents of title, securities, coupons, safe deposit boxes and all other prope y the defendant(s) in the possession, cu r ontrol of Garnishee. Date Z~ ~ ° Signature: Print name: Davi Gallowa Address: 130B Ge sbur Pike -Mechanicsburg, PA 17055 Attorney for: Midland Funding LLC Telephone: (866) 563-0809 Supreme Court ID No:#87326 FFG File # 153828 111111111111 IIII (IIII IIIN IIII iilll IIII INI IINI IIIN IIII IIII g ~,;~ ~ ~, ~y ~,~ 3~»~ /t r~;i~}N ~l 6' 7 Ff ~ d cos~"s ~ ~ S ry DO ~~ u g33.N0 <~ 4ts'~.. 90 p~- ar~~ 0 . ~0 ~u.t l.C, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4989 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY; To satisfy the debt, interest and costs due MIDLAND FUNDING LLC ASSIGNEE OF PLATINUM SELECT Plaintiff (s) From CHARLES BITNER, JR., 429 N. EAST ST., 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: METRO BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013 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$6064.99 L.L.$.50 Interest $288.00 Atty's Comm % Due Prothy $2.00 Atty Paid $152.90 Other Costs Plaintiff Paid Date: June 24, 2010 ~--~ Davell, Prothonot (Seal) 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 COUNTY Ronny R Anderson Sheriff ~~~tiitic~ at ~~t,u~,~,~,~~~~~ ,~~ ; ~•~ ... ~ ,- , f..~,.~t,~a ..,tii,~ J Jody S Smith Chief Deputy Richard W Stewart Solicitor Midland Funding LLC Assignee of Platinum Select Case Number vs. Charles Bitner, Jr. 2009-4989 SHERIFF'S RETURN OF SERVICE 06/25/2010 01:08 PM -Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2010 at 1308 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Charles Bitner, Jr., in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Jackie George, Customer Service Representative 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 her. The writ of execution and notice to defendant was mailed on June 28, 2010 to Charles Bitner, Jr., at 429 N East Street, Carlisle, PA 17013. SO ANSWERS, June 28, 2010 RON R ANDERSON, SHERIFF iq CountySuite St;er+ff. TeVeosoft. b?r,. Ti o y R. •B al ck, Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding LLC assignee of PLATINUM SELECT Plaintiff CIVIL ACTION -LAW vs. No.09-4989 c~ ~ c ~:,~ _ ~ CHARLES BITNER, Jr. ; c ._ ~ ~~ t _ _r Defendant(s) ~~~~~,~ ~ , . ~ 7 INTERROGATORIES TO GARNISHEE r;'r , -~ ~ r; ;;' -~ .. ~. ~'` ; c..~ . ~= ..~~ . E Lr. To: METRO BANK -~ ..~ { 65 Ashland Avenue CARLISLE PA 17013 PURSUANT TO RULE 3253 OF THE RULES OF CNIL 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). IlVIPORTANT 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 #: 153828 IIIIIIIVIIIVIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIII'IIIIIIIIII IIII PA/PA_BANKINTERROGS INTERROGATORIES TO GARNISHEE DEFENDANT(S) -CHARLES BTTNER, Jr. 1. DEPOSITORY ACCOUNTS: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any checking, savings, lines of credit, certificate of deposits or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant(s) has in each account. If the Defendant(s) maintains any of these jointly with any other person, or persons, give their name and address. Defendant has account 536220213 with a balance of $1569.27. Defendant has account 626513642 with a balance of $0.00. Defendant did not receive $300 exemption. lA. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the identification numbers of those accounts. 2. 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 and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. no 3. 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 on deposit, not including any otherwise exempt funds, did not exceed the amount of general monetary exemption under 42 Pa.C.S. 8123? If so, identify each account. no 4. TRANSFER OF PROPERTY: 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 5. SAFE DEPOSIT BOX: 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 6. REAL OR PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or not the Defendant(s) own any personal property that was in your possession and/or control. If so, include a full description of all personal property giving full value and present location. State whether or not there are any encumbrances or liens holders, and the present balance of the encumbrances. State where and when encumbrances or liens were recorded. If the Defendant(s) owns any personal property jointly with any person or persons, give full names and addresses. no PA/PA_BANKINTERROGS 7. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existence of any other asset(s) of the Defendant(s) which are not disclosed in the preceding Interrogatories. If so, please set forth all details concerning those asset(s). no 8. PROPERTY HELD AS A FIDUCIARY: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which any Defendant had an interest? If so, please describe for each Defendant the nature of the property including its value and the interest of Defendant(s). no 9. FEES OUTSTANDING TO GARNISHEE: 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 FULTON, FRIEDMAN, & GULLACE LLP ~2 David R. Galloway #87326 130B Gettysburg Pike Mechanicsburg, PA 17055 (866)563-0809 Counsel for Plaintiff Attorneys in the Practice of Debt Collection FFG file #: 153828 PA/PA_BANKINTERROGS VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist 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. ( IGN ,URE) MIDLAND FUNDING LLC., Assignee of: PLATINUM SELECT, PLAINTIFF V. CHARLES BITNER, DEFENDANT V. BITNER BROTHERS CONSTRUCTION, INC., THIRD-PARTY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-4989 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2010, upon consideration of a third-party claim for exemption filed by Bitner Brothers Construction, Inc., a hearing is set for Monday, July 19, 2010, at 11:30 a.m., in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania, at which time the court will determine the propriety of the claim. David Galloway, Esquire For Midland Funding LLC. Daniel Pollock, Esquire For Bitner Brothers Construction, Inc Charles Bitner 429 N. East Street Carlisle, PA 17013 Metro Bank 65 Ashland Avenue Carlisle, PA 17013 Cumberland County Sheriff `Cod ~ N~ 7-/Y'/U CoP~~s µw,iGd 7-iy.-l~ y9[ By the Court, Albert H. Masland, J. sal c-n ~ _ ~ ~. ~ ~ ,~ _ __ - d . ~.. ;~i `n ~_.. -~~rr, ,:._:: ;, -~-- e, ~ _ -- ; c.~ : ~, : _ . _.~ ~ ~ ~ RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 July 13, 2010 Cumberland County Court Administration 1 Courthouse Square Carlisle, PA 17013 JUL .i 3 2010 Enclosed please find a Third Party Claim for Exemption, pertaining to Civil Case Number 2009-4989, filed by Attorney Daniel Pollock, which was received in the Cumberland County Sheriff's Office on July 13, 2010. Please forward a copy of the Notice of Hearing to my attention in the Sheriff s office, however it is the Court's responsibility to notify all parties involved. Thank you for your consideration to this matter. Sharon R. Lantz Staff Assistant s IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY MIDLAND FUNDING LLC., Assignee of: PLATINUM SELECT Civil Action- Law Plaintiff V. Docket No. 09-4989 CHARLES BITNER Writ of Execution 429 N. East Street Carlisle Pa. 17013 Defendant BITNER BROTHERS CONSTRUCTION INC. 429 N. East Street Carlisle Pa. 17013 Third party Defendant Third Party Claim of property seized Here Comes the Third Parry Defendant, Bitner Brothers Construction Inc., by and through its attorney, Daniel Pollock Esq. to claim the property attached by Writ of Execution for the Plaintiff, Midland Funding LLC., to satisfy personal debts owed by Charles H. Bitner Jr. 1. On or about June 24, 2010, a request for a writ of execution was made by the plaintiff against the Defendant Charles H. Bitner Jr. for a bank account with Metro Bank located at 65 Ashland Avenue, Carlisle, Pa. 17013 2. The account attached at Metro Bank belongs to Bitner Brothers Construction Inc, a duly recognized corporation under the laws of the Commonwealth of Pennsylvania. Wherefore Bitner Brothers Construction Inc. prays that the levy issued against its bank account with Metro Bank at 65 Ashland Avenue, Carlisle Pa. 17013 be released. Re ectfully miffed l' aniel o ock, Esq. Attorney for Bitner Brothers Construction Inc. Daniel Pollock, Esq. 801 Sandbank Road #18 Mount Holly Springs, Pa. 17065 Super Ct. Id. 70315 (717) 486-0030 BI7'NER BROTHERS CONSTRUCTION INC. 429 N EAST STREET CARLISLE, PA 17013 PAY'O THE OR(J~R OF '~ETRO BANK ~:03i30L846~: 53 62202E 1041 80-184!313 18 0.4~ ~ Vi~~ F..~la~ni -DOLLARS ' w<.n... 1/I ~ ~ 3~' LO4 L s VERIFICATION I verify that the statements made in this Petition are true and correct to the best of my knowledge. I understand that false statements knowingly made herein are subject to the penalties of 18 Pa. C.S. 4904 regarding unsworn falsifications to Authorities. DATE Charles H. Bitner For Bitner Brothers Construction Inc. IN THE COURT OF ~OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding LLC assignee of PLATINUM Plaintiff NO. 09-4989 v. C1VIL, ACTION -LAW N o `~1 CHARLES BITNER, Jr. r ..~ Defendant O -- . - ~' _; ~, ~_~ ~-, _ RAECIPE TO DISCONTINUE ATTACHMENT l ~- ~„ _ a- , TO THE PROTHONOTARY: _.-. c~„ ,N~ '` _- ~, `:~ -~ ~+ ,~ `~ ~-.. Please release the Writ of Exe ution filed against Garnishee in the referenced matter without prejud~e. ~ Respectfully Submitted, David R. Galloway #87 6 Fulton Friedman & G ace, LLP Counsel for Plainti 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, ddressed as follows: CHARLES BITNER Jr. _~.. 429 N EAST ST CARLISLE PA 17013 METRO BANK CUMBERLAND -PA 65 Ashland Avenue CARLISLE PA 17013 ~ ` David R. Galloway .l Attorney ID #8732 FFG file #: 153828 IIINI Ilnl IINI IIIII III Ilpl Ilill IINII 111111 MI 1111111 N IIII g OD pd , d.~ ~ ~~ a ~~3i~ PA/PA_PRAEDISATT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of PLATINUM SELECT Plaintiff V. CHARLES BITNER, Jr. Defendant(s) NO. 09-4989 CIVIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in the above captioned action as paid and satisfied. Rq,4) ly Submitted, By: David R. Gall ay #87326 Fulton Frie an & Gullace, LLP Counsel for Plaintiff Attorneys in the Practice of Debt Collection 130B Gettysburg Pike Mechanicsburg, PA 17055 (866) 563-0809 CERTIFICATE OF SERVICE rnco -- n , cll? CZ CD C?k 1 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: DANIEL POLLOCK 801 SANDBANK RD. # 18 MOUNT HOLLY SPRINGS PA 17065 FFG file # 153828 IIIII Ii?l IINI Ii?l ill IIII II81 IINIII II IIINI iilll III IIII PA/PA_PRAESAT C??asa?3b . r_.. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-Or FIB C: Sheriff ?a?r?ti, Rt 4itrrr(err?i '?:" ?-I'd? ???T H ?.}' f r?kt.{, Jody S Smith Chief Deputy "I I JAN -6 AM 9:28 Richard W Stewart "IMBERLAN Solicitor Midland Funding LLC Assignee of Platinum Select Case Number vs. Charles Bitner, Jr. 2009-4989 SHERIFF'S RETURN OF SERVICE 06/25/2010 01:08 PM - Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2010 at 1308 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Charles Bitner, Jr., in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Jackie George, Customer Service Representative 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 her. The writ of execution and notice to defendant was mailed on June 28, 2010 to Charles Bitner, Jr., at 429 N East Street, Carlisle, PA 17013. 07/13/2010 Third Party Claim of property seized filed this date by Daniel Pollock, Esquire. Claim form taken to Court Administration to schedule hearing. 07/19/2010 Exemption hearing scheduled this date cancelled - parties settled out of court. 01/05/2011 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 January 05, 2011 SO ANSWERS, RON + R ANDERSON, SHERIFF '%-Z. -?-o ?4 cst-d 7493 P -9- a2.53368 :i CountySuite Snenti. t-eleos„fl. Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4989 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDLAND FUNDING LLC ASSIGNEE OF PLATINUM SELECT Plaintiff (s) From CHARLES BITNER, JR., 429 N. EAST ST., CARLISLE, PA 17013 (l) 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: METRO BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013 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. (Seal) REQUESTING PARTY: Name David Galloway, Esquire Amount Due$6064.99 Interest $288.00 Atty's Comm % Atty Paid $152.90 Plaintiff Paid Date: June 24, 2010 L.L.$.50 Due Prothy $2.00 Other Costs Dav' 1, Prothonotary By: Deputy Address: Fulton, Freidman, & Gullace LLP, 130B Gettysburg Pike, Mechanicsburg, PA 17055 Attorney for: Plaintiff Telephone: 866-563-0809 Supreme Court ID No. 87326