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HomeMy WebLinkAbout09-5981IN THE COURT OF COMMON PLEAS OF CUMBERLAND MIDLAND FUNDING LLC ASSIGNEE OF HOUSEHOLD 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. DWAYNE M DRISCOLL 1245 GOODYEAR RD GARDNERS PA 17324 Defendant (s) Civil Complaint Filed on behalf of: COUNTY, PENNSYLVANIA NO. 09- 5981 0'iv t t-Form CIVIL ACTION - LAW Plaintiff, MIDLAND FUNDING LLC Counsel of record for this party. Date: David R. Ga o a 8732 ilip C. Warholic #86341 ara E. Eh sz #864 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 # 193962290 6472 IN THE COURT OF COMMON PLEAS OF CUMBERLAND MIDLAND FUNDING LLC NO. ASSIGNEE OF HOUSEHOLD 8875 AERO DRIVE SAN DIEGO CA 92123 . Plaintiff COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DWAYNE M DRISCOLL 1245 GOODYEAR RD GARDNERS PA 17324 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 # 193962290 6475 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. ASSIGNEE OF HOUSEHOLD 8875 AERO DRIVE SAN DIEGO CA 92123 - Plaintiff VS. CIVIL ACTION - LAW DWAYNE M DRISCOLL 1245 GOODYEAR RD GARDNERS PA 17324 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 # 193962290 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. ASSIGNEE OF HOUSEHOLD 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CIVIL ACTION - LAW DWAYNE M DRISCOLL 1245 GOODYEAR RD . GARDNERS PA 17324 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 HOUSEHOLD located at, 8875 AERO DRIVE SAN DIEGO CA 92123 2. Defendants, DWAYNE M DRISCOLL , is/are adult individual(s) with last known address(es) of 1245 GOODYEAR RD GARDNERS PA 17324 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 # 193962290 6481 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 $ 4743.47. 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 $ 4743.47, plus costs of this action, and any other relief as this Court deems just and reasonable. Respectfully Submitted, David R. Gatloway #8,7326/Phi'Tip C. Warholic #86341 Sarah E. Eh&sz 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 PAC1M2/PACP7 FILE # 193962290 2 6484 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. ttp i C. Warholis #86341 David ballkway-#87326/Phi- Sarah E. Ehasz 864 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 # 193962290 J ? 6 477 EXHIBIT "All EXHA (10/09/08) H w a a ri O ?o x o w ? w t o O i x t s W i i t C7 Y H O • ? I E+ F rL F ., W A a F a a c7 a r "? ? r ?0 3 1 A 41 z M w H I H p I Ory U - a ,? Y U w u U I k H O H j V w I P ?i V I E ? V U o a 1 I V ? l - ? .I U « tlT m a A x t ? A ?+ a E a w a+ b , o `° awa o U b u cao U W IO W V Y +i f I ?I H w « F F U IC ..i o x H U o 3 Y Y k [ q M a 1 FC [j 1 Y m ? w (zzz? t U aaa H A « : a H ?, ? o a w o o \ O p' O \ N - '?-I V' ?y Z W r W I U -I N a? U Hw 1. M i O I m 1 1n J q « 0 V r O a o I w ? w O ? I z b z H H Q V H V O U b ' j , i « o « « « ? a a a .? yr H U r w w a O O 0 0 0 O a H a N F ? u1 P A OD I ED H H v a ? t r F q f/ ? N O a H F N Q F I w i4 q U ? E N a F N P F ?I W ri a r A u a w ° t N F - a ? p i n W U « .7 i z V « o z V) W ?o ?o o I F r In o \ m .n \ VI W ,'. I n O \ rl 0 E N c 4 H w A a « kj A Qa ?S w ? ? " ? F [ ? F ro o 0 .7 {q co H \ O A O A O A d V I 0 V V H U a U U P O 0 H 0 0 CF THE - -OT RY 2009 SEP - I p ll I.4 6 CUM;" -+ x1&50 PO A-IroH C4. -' 39(p o4a R.T * 43©0740 Sheriffs Office of Cumberland County R Thomas Kline Sheriff - r' f?FFi?E':c`rr rRI?? FILED -O iCE OF THE M-OTE?ON,*TARY Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Midland Funding LLC vs. Dwayne M. Driscoll 2009 SEP -8 AM 10: 36 (L3MBLi•-LA, -• L; -.J,) UNTY EMI ANA Case Number 2009-5981 SHERIFF'S RETURN OF SERVICE 09/03/2009 03:19 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 3, 2009 at 1519 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dwayne M. Driscoll, by making known unto himself personally, at 1245 Goodyear Road Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.90 September 04, 2009 SO ANSWER , R THOMAS KLINE, SHERIFF Deputy Sheriff MIDLAND FUNDING LLC ASSIGNEE OF HOUSEHOLD 8875 AERO DRIVE SAN DIEGO, CA 92123 Plaintiff VS. DWAYNE M DRISCOLL 1245 GOODYEAR ROAD GARDNERS, PA 17324 Defendant NO. 09-5981 CIVIL TERM CIVIL ACTION-LAW MIDLAND FUNDING LLC ASSIGNEE OF HOUSEHOLD 8875 AERO DRIVE NO. 09-5981 CIVIL TERM CIVIL ACTION-LAW SAN DIEGO, CA 92123 Plaintiff VS. DWAYNE M DRISCOLL 1245 GOODYEAR ROAD GARDNERS, PA 17324 Defendant ANSWER AND NOW, comes the defendant. 1. Admit 2. Admit 3. Deny 4. Deny 5. Deny 6. Deny 7. Deny, never received any written communication from Midland Funding LLC and responded to letter received from Mann Bracken LLP in July of this year, requesting written verification of said account. Have not received any written verification to date. In said response, also requested that Mann Bracken cease and desist from calling my residence due to the fact that I work night shift and do not answer the phone during the day. Said law firm did not comply with the request and continuously called my place of residence starting at 8:00am, even on the weekend. 8. Deny 9. Deny Wherefore, Defendant respectfully requests this Honorable Court?dismiss this judgment due to the Plaintiff not supplying the requested written verification and not complying with the do not call request made in writing. f-ILEC}_. OF 1111E Rrll-T,)'?OTAPY 2009 SEP 22 A 9: 36 i i ?A r hN ( x'11 "Lin -4 (C.1?} T Ct-?J vJ /i„y 7f t i 1? 7 e of -i t tiL p , 5f h C L'-??.? L. ¦ David R. Galloway Attorney I.D. 87326 Counsel for Plaintiff FULTON FRIEDMAN & GULLACE, LLP 130B Gettysburg Pike Mechanicsburg, PA 17055 Telephone: 717-610-3337 Facsimile: 717-620-8706 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c~ c ~ ;:.~, -;, MIDLAND FUNDING, LLC, , , <~. ~ ~ ~ ~r ASSIGNEE OF HOUSEHOLD, ~~; ~ : ~~' Plaintiff NO. 09-5981 CIVIL {p '3;;^ o -n ??l .;,t -! , . ~ v. . ~ CIVIL ACTION -LAW ~ { DWAYNE M DRISCOLL, ..>t ". N y Defendant PLAINTIFF'S MOTION FOR TUDGMENT ON THE PLEADINGS. AND NOW, comes Plaintiff Midland Funding, LLC, Assignee of Household, by and through its attorneys, Fulton, Friedman & Gullace, LLP, files the within Motion for Judgment on the Pleadings, of which the following is a statement: 1. On or about September 1, 2009, Plaintiff filed a Complaint against Defendant seeking to recover monies due Plaintiff. A true and correct copy of said Complaint is attached hereto, incorporated herein and marked as Plaintiff s Exhibit "A." 2. On or about September 22, 2009, Defendant filed an Answer in response to said Complaint. A true and correct copy of said Answer is attached hereto, incorporated herein and marked as Plaintiff's Exhibit "B." 3. Defendant's Answer did not contain new matter that required a response. 4. Although Defendant specifically addresses each numbered paragraph of the Complaint, Defendant denies none of the allegations with the requisite level of specificity. See Exhibit "B" as previously identified and incorporated herein. 5. Pennsylvania Rule of Civil Procedure 1029(b) states, "averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication." FFG No. 137167 6. Pennsylvania Rule of Civil Procedure 1029(b) further states, "a general denial or a demand for proof, except as provided by subdivisions (c) and (e) of this rule, shall have the effect of an admission." Neither 1029(c) nor 1029(e) is applicable to this matter. 7. The pleadings are closed and time exists within which to dispose of this motion without delaying trial. 8. The pleadings filed of record show that no genuine issue of material fact exists to be tried. 9. Plaintiff is entitled to judgment on the pleadings as a matter of law. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendant in the amount of $4,743.47, plus the costs of this action and such other relief as this Honorable Court deems proper and just. ~~ By David R Ga Counsel for y #87326 FFG No. 137167 EXHIBIT "A" FFG No. 137167 IN THE COURT OF COMMON PLEAS OF CUMBERLAND MIDLAND FUNDING LLC ASSIGNEE OF HOUSEHOLD 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. DWAYNE M DRISCOLL 1245 GOODYEAR RD GARDNERS PA 17324 Defendant(s) Civil Complaint Filed on behalf of: COUNTY, PENNSYLVANIA No. 09- 5981 Civil~rr'm CIVIL ACTION - LAW Plaintiff, MIDLAND FUNDING LLC Counsel of record for this party. ~ Zg o~ Date: David R. Ga o a 8732 ilip C. Warholic X86341 ra E. Eh sz 864 obert N. Polas, Jr. X201259 Amy F. Doyle X87062 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 ~ 193962290 6472 ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HIDLAND FUNDING LLC N0. ASSIGNEE OF HOUSEHOLD 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CIVIL ACTION - LAW DWAYNE M DRISCOLL 1245 GOODYEAR RD . GARDNERS PA 17324 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 ~~ 193962290 6475 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC N0. ASSIGNEE OF HOUSEHOLD 8875 AERO DRIVE . SAN DIEGO CA 92123 . Plaintiff VS. CIVIL ACTION - LAW DWAYNE M DRISCOLL 1245 GOODYEAR RD GARDNERS PA 17324 Defendant(s) NOTICIA Le han demandado a used en la Corte. Si used quarere defensas de eras demandas expueatas 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 torts de su persona. Sea avisado que si used no se defienda, la torte tomara medidas y psedido entrar una Orden contra used sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demands. Used puede perder dinero o sus propledades o otros derechos importantes pars 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 ~~ 193962290 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO . ~ ~ ~ ~~ ~~ C Nom` I / C!i'~l ASSIGNEE OF HOUSEHOLD 8875 AERO DRIVE SAN DIEGO CA 92123 j Plaintiff VS. DWAYNE M DRISCOLL 1245 GOODYEAR RD GARDNERS PA 17324 CIVIL ACTION - LAW 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 HOUSEHOLD located at, 8875 AERO DRIVE SAN DIEGO CA 92123 2. Defendants, DWAYNE M DRISCOLL is/are adult individual(s) with last known address(es) of 1245 GOODYEAR RD GARDNERS PA 17324 COUNTY OF CUMBERLAND 3. It is averred that Defendant(s) was/were issued an open end credit card account. 4. At all relevant times aaterial 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 ~~ 193962290 648]. 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 $ 4743.47. 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 $ 4743.47, plus costs of this action, and any other relief as this Court deems just and reasonable. Respec'b,€ully Submitted, David R. Ga loway ~87326/Phi~p C. Warholic ~~86341 Sarah E. Eh 86469 Robert N. Polas, Jr. ~~201259 Amy F. Doyle X87062 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 ~ 193962290 6484 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. fGall wa ` ~~87326/Phi C. Warholic X86341 Sarah E. Ehasz 8 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 ~/ 193962290 5477 EXHIBIT " A" E74SA f 1Or09A181 .~ a ~ .~ S s Y i pl a s H • M D O 4 M ' rl ' 6 r. ~ O D ~ + " ~ ' ~ w u ~- , •~ o ~. a n ~ V s ~ i ~ vi i U i (.~ ill U • Q~ GI y , J p U ~ Op1 [/~ O m ~ U STS U • N (,~ ~ ~(yy p q ~ M 4 l ~ 01 ~ Q x N ~ m o ~ ~ ~ H U O M M W i fFq E~-~ C7 .7 U • ~ p a N ~o ~o ~ o \ O ~o o .a m N m .-i \ a ~ ri ~ i ~a .+ .~ n N b R : O \ W M m O1 ~ U i \ N o i . o 4 . , ° : u ~ u ~ ~ `" . . ~ O i o ~ >a y r ~ ~ w a a ~ YY.. p ~ Q E ~ [.~ Q M U ~ ~ ~ [ ~ ~ p 7 z ~ w ~ a ( ~ `-' q ~I y o . o C~ '{.. ~ .7 i o f q Q i ai i O N r w 0 O 0 0 0 Z O U a { `rl N b V a ~ F ~q N N s O ~ Q ~M 1 4 m hl N N r~ p q fa t ri F V ® a i q H N ~ ~ ~ ~ a Z i ~ C9 ~ ~Fp „ ~p p ~ Q ~ ~ h a ~ ~ ~ ~ u i U U + U s ~ ~ v o a o \ Q n \ a ~ a ° ~ n O o ~ .-1 F H a u a ~ ~ a ~ o c~t ~ :~ ~°a g a°~ ~ O Q ~ A FJ Q ~ o u m u ~ u n u ., ~ a ~ .l « O .i u ° 0 FIIEa-~:~r OF Tt-Ic F'f"~~ ^' ~~~TAf?Y 2009 SkP - I ~ t4 l~ 4 6 ~ '78.5o P o A~'N ~,~ 39looQa RT ~` a,3pp1(o EXHIBIT "B" FFG No. 137167 +- • ~ MIDLAND FUNDING LLC ASSIGNEE OF HOUSEHOLD 8875 AERO DRIVE SAN DIEGO, CA 92123 Plaintiff VS. DWAYNE M DRISCOLL 1245 GOODYEAR ROAD GARDNERS, PA 17324 Defendant N0.09-5981 CIVIL TERM CIVIL ACTION-LAW ~. • ~ I~ MIDLAND FUNDING LLC ASSIGNEE OF HOUSEHOLD 8875 AERO DRIVE N0.09-5981 CIVIL TERM CNIL ACTION-LAW SAN DIEGO, CA 92123 Plaintiff VS. DWAYNE M DRISCOLL 1245 GOODYEAR ROAD GARDNERS, PA 17324 Defendant ANSWER AND NOW, comes the defendant. 1. Admit 2. Admit 3. Deny 4. Deny 5. Deny 6. Deny 7. Deny, never received any written communication from Midland Funding LLC and responded to letter received from Mann Bracken LLP in July of this year, requesting written verification of said account. Have not received any written verification to date. In said response, also requested that Mann Bracken cease and desist from calling my residence due to the fact that I work night shift and do not answer the phone during the day. Said law firm did not comply with the request and continuously called my place of residence starting at 8:OOam, even on the weekend. 8. Deny 9. Deny Wherefore, Defendant respectfully requests this Honorable Court~dismiss this judgment due to the Plaintiff not supplying the requested written verification and not complying with the do not call request made in writing. u/~'7u- 1 ~~o~/Ur'1 F(L4Ll~ ~iTi-E{iC OF ?~-!E pFi~r-'r'~rTMY Z0~9 SEP 22 AP9 9~ 36 ~, 'Ui'~r~c; ~~'~:~dviY David R. Galloway Attorney I.D. 87326 Counsel for Plaintiff FULTON FRIEDMAN & GULLACE, LLP 130B Gettysburg Pike Mechanicsburg, PA 17055 Telephone: 717-610-3337 Facsimile: 717-620-8706 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC, ASSIGNEE OF HOUSEHOLD, : Plaintiff NO. 09-5981 CIVIL v• CIVIL ACTION -LAW DWAYNE M DRISCOLL, Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Motion for Judgment on the Pleadings was served this date by Regular Mail, Postage Pre-Paid, on this ~ day of ~~ , 2010. Mr. Dwayne M Driscoll 1245 Goodyear Rd Gardners, PA 17324 By: ti ~ David R Ga Counsel for ay #87326 FFG No. 137167 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC, ASSIGNEE OF HOUSEHOLD, Plaintiff NO. 09-5981 CIVIL v CIVIL ACTION -LAW DWAYNE M DRISCOLL, Defendant ORDER AND NOW, this day of , 2010, upon consideration of Plaintiff s Motion for Judgment on the Pleadings, it is hereby ORDERED said Motion is GRANTED. The Prothonotary is directed to enter and index this Judgment in favor of Plaintiff and against Defendant in the amount of $4,743.47, as prayed for in the Complaint, plus costs of this action. BY THE COURT: J. For Plaintiff: David R Galloway, Esquire Fulton, Friedman & Gullace, LLP 130B Gettysburg Pike Mechanicsburg, PA 17055 Pro Se for Defendant: Dwayne M Driscoll 1245 Goodyear Rd Gardners, PA 17324 FFG No. 137167 2/19 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC, ASSIGNEE OF HOUSEHOLD, Plaintiff Y. DWAYNE M DRISCOLL, Defendant NO. 09-5981 CIVIL CIVIL ACTION - LAW AND NOW, this ?. day of , 2010, upon consideration of Plaintiffs Motion for Judgment on the Pleadings, it is hereby ORDERED said motion is GRANTED. The Prothonotary is directed to enter and index this Judgment in favor of Plaintiff and against Defendant in the amount of $4,743A7, as prayed for in the Complaint, plus costs of this action. ?: v , id R Galloway, Empire Fulton, Friedman & Gullac e, UP 1308 Gettysburg Pike Mechanicsburg, PA 17055 So for Def Ri Dwayne M Driscoll 1243 Goodyear Rd Gardners, PA 17324 P.+s ?Yta1 fL4 1? _ . 3 7 FT-G No. 137167 BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of HOUSEHOLD Plaintiff v. DWAYNE M DRISCOLL Defendant(s) NO. 09-5981 CIVIL ACTION -LAW PRAECIPE FOR JUDGMENT ON ORDER OF COURT TO THE PROTHONOTARY: Enter Judgment on Order entered in these proceedings in favor of Plaintiff and against Defendant in the amount of $4,743.47 less payments of $0.00 for a total Judgment of $4743.47 with interest of six percent (6% ) from 08/18/2 010 and costs. ___~ ~.> r_, .., ~ X:'~l ~ Fulton Friedm n &Gullace, LLP --~ -= rn ~ ~ i -~-~ David R. Gal oway ` ~ `"-f Attorney ID #87326 2= ~ --3 ~ ~ 130B Gettysburg Pike ~'.~ ~ ~ Mechanicsburg, PA 17055 .;;~ - ;-~ (866) 563-0809 '-~ ;-a .~ `-„~'rtt Counsel for Plaintiff ~-_~ ~' - ~~ Attorneys in the Practice of Debt Collection -"" ~~ =~- ",~ :.~ CERTIFICATE OF SERVICE I, David R. Galloway, an authorized agent of Fulton Friedman &Gullace, LLP, and 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: DWAYNE M DRISCOLL 1245 GOODYEAR RD GARDNERS PA 17324 File # 137167 ~~ David R. Gall ay Attorney ID #87326 ~I~.Op pt~ 14Ti~ +~~'~L 5(o t l ~,~ a~4aa.7 PA/PA_PRAEJDARS ~o't"~Ce 2/2 2/19 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FCINDING, LLC, : ASSIGNEE OF HOUSEHOLD, Plaintiff NO. 09-59$1 CIVIL v. CIVIL ACTION -LAW DWAYNE M DRISCOLL, Defendant ORDER ~- ~~~ AND NOW, this __ day of L~~ -~ ,~ _~ ~, ~ , 201Q upon consideration of Plaintiffs Motion for Judgment on the Pleadings, it is hereby ORDERED said Motion is GRANTED. The Prothonotary is directed to enter and index this Judgment in favor of Plaintiff and against Defendant in the amount of $4,743.47, as prayed for in the Complaint, plus costs of this action. Fran Plaintiff; David R Galloway, Esquire upon, Friedman & Gultace. LLP 130B Gettysburg Pike Mechanicsburg, PA 17Q55 Fro Se for Defendant: Dwayne M Dri~oll 1.245 Goodyear Rd Gardners, PA ! 7324 F'~`-Cr i~iCl. f i"~t67 BY THE COURT: IN THE COURT OF COMMON PLEAS OF CiIMBERLAND COUNTY, PENI~'SYI.VANIA MIDLAND FUNDING LLC assignee of HOUSEHOLD Plaintiff v. DWAYNE M DRISCOLL Defendant(s) NO. 09-5981 CNIL ACTION -LAW NOTICE OF JUDGMENT Notice is hereby given that a Judgment in the above-captioned matter has been entered against you as follows: Principal in Complaint Less payments received Interest in Complaint Attorneys' Fees TOTAL $4743.47 $0.00 $ -0- $ -0- $4743.47, plus court costs and statutory interest from date of judgment NOW, (~,+ (o'~ , 20 ID ,JUDGMENT IS ENTERED AS ABOVE. Prothonotary/Clerk, lull ivision By: Deputy I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: DWAYNE M DRISCOLL 1245 GOODYEAR RD GARDNERS PA 17324 FFG file #: 137167 FULTON, F MAN, & GULLACE LLP Signature: _ / David R. Galloway 7326 130B Gettysburg ~ e Mechanicsburg, A 17055 (866)563-0809 Counsel for Plaintiff Attorneys in the Practice of Debt Collection PAPA NTCOF.I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC ❑ Confessed Judgment assignee of HOUSEHOLD 19 Other Docket No. 09-5981 v Judgment Amount $4743.47 Less Payments $(0.00) Interest: $1052.66 DWAYNE M DRISCOLL Total: $5796.13: Atty's 1245 GOODYEAR RD Comm: $ GARDNERS PA 17324 Costs: $ C= --; .2" lrvr fir-- tV C) PRAECIPE FOR ATTACHMENT EXECUTION - ai ;-- TO THE PROTHONOTARY: =C CDS" z o c� The undersigned hereby certifies that the below does not arise out of a retail ins 1in46nt 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 Susquehanna Bank , as Garnishee, for the following property of the defendant(s): All accounts, including but not limited to, all savings, checki n Cher accounts,certificates of deposit, notes receivables, collateral,pledges, documents of title, sec s oupons and all other property of the defendant(s) in the possession, custody or control of Garnishee. Date Signature: Print name: Michael B.Volk,Esq. Address: 6 Kacey Court, Suite 203 Mechanicsburg, PA 17055 Attorney for: MIDLAND FUNDING LLC rb dp�� O Telephone: (866)563-0809 Supreme Court ID No:#88553 X8. 5 11,4 (Xr Lt � —FF T File # 137167 1111 C) � a. PA BANKPWRITC o F C t/,yt 2 THE COURT OF COMMON PLEAS Z) z CUMBERLAND COUNTY PA DAVID D. BUELL,PROTHONOTARY One Courthouse Square - Suite 100 - Carlisle, PA - 17013 1750 (717)240-6195 www.ccpa.net MIDLAND FUNDING LLC,assignee of HOUSEHOLD Vs. NO 09-5981 Civil Term CIVIL ACTION—LAW DWAYNE M. DRISCOLL WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against DWAYNE M.DRISCOLL, 1245 GOODYEAR ROAD, GARDNERS,PA 17324 Defendant(s) (1) you are directed to levy upon the property of the defendant(s)and to sell the defendant(s)interest therein; (2) you are also directed to attach the property of the defendant(s) not levied upon in the possession of SUSQUEHANNA BANKGARNISHEE(S), as garnishee, 1196 WALNUT BOTTOM ROAD, CARLISLE, PA 17015 - 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 AND ALL OTHER PROPERTY OF THE DEFENDANT(S) IN THE POSSESSION, CUSTODY OR CONTROL OF GARNISHEE. (Specifically describe property)and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first$10,000 of each account of the defendant(s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant(s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution,levy or attachment under Pennsylvania or federal law. 1 (iii) any funds in an account of the defendant(s)with a bank or other financial institution that total$300 or less. If multiple accounts are attached,a total of$300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant(s) general exemption provided in 42 Pa.C.S. § 8123, (3) if property of the defendant(s)not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $4,743.47 Plaintiff Paid Interest $1,052.66 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $159.40 Other Costs Date: 6/26/14 David D. Buell, Prothonotary e:z Deputy REQUESTING PARTY: Name : MICHAEL B.VOLK,ESQUIRE Address: 6 KACEY COURT,SUITE 203 MECHANICSBURG,PA 17055 Attorney for: PLAINTIFF Telephone: 866-563-0809 Supreme Court ID No. 88553 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW I. $300 statutory exemption 2. Bibles,school books, sewing machines,uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY E: EJ-CI-FiC- i HE PRO 1 HONOIA \ a[III�Ibrr�r�,d Orf ICE OF'NE SHERIFF 25I4 JUL -2 NI 9: 42 CUMBERLANDPENNSYLVANIA COUNTY Midland Funding LLC Assignee of Platinum Select Case Number vs. Dwayne M. Driscoll 2009-5981 SHERIFF'S RETURN OF SERVICE 06/30/2014 02:09 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, South Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to Rachel Boone, Teller, 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. July 01, 2014 The writ of execution and notice to defendant was mailed on July 1, 2014 to D yne M. Driscoll, 1245 Goodyear Road, Gardners, PA 17324. (C) CountySuite Shenff. Teleosoft. Inc. %V LIAM CLINE, DEPUTY SO ANSWERS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of HOUSEHOLD vs. Plaintiff CIVIL ACTION - LAW No.09-5981 DWAYNE M DRISCOLL Defendant(s) 4i)s u..e rs ... , INTERROGATORIES TO GARNISHEE To: Susquehanna Bank 1196 Walnut Bottom Road Carlisle PA 17015 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). IMPORTANT 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 #: 137167 11111111111111111111111111111111111111111111111111111111111111111 PA/PA_BANKINTERROGS INTERROGATORIES TO GARNISHEE DEFENDANT(S) - DWAYNE M DRISCOLL SS# - ***-**-3545 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? No. 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) - DWAYNE M DRISCOLL SS# - ***-**-3545 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. N/A 10. 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. 11 . Please provide the name, business address and business telephone of the person answering these interrogatories. William H. Finlay, 26 N. Cedar St., PO Box 1000, Lititz, PA 17543 phone: 717-625-6554 12. Please provide the address and telephone number where future court documents pertaining to this case can be served on Garnishee. Same as answer to interrogatory,no. above. Fulton, Fried '` G llace, LLP Michael B. Volk, Esq. #88553 (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, New York 14614. FFG File #: 137167 PA/PA_BANKINTERROGS VERIFICATION I, William H. Finlay, verify that the facts set forth in these Garnishee's Answers to Interrogatories are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) related to unsworn falsification to authorities. Dated: July 2, 2014 William H. Finlay, Associate Counsel Susquehanna Bank 26 North Cedar Street Lititz, Pa 17543 (717) 625-6554 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of HOUSEHOLD Plaintiff NO. 09-5981 v. DWAYNE M DRISCOLL Defendant(s) TO THE PROTHONOTARY: CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ATTACHMENT Please discontinue the Writ of Execution filed against Garnishee Susquehanna Bank in the referenced matter without prejudice. Respectfully S By: Michael B. Volk, Esq. #88553 Fulton, Friedman & Gullace, LLP Counsel for Plaintiff 6 Kacey Court, Suite 203 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: DWAYNE M DRISCOLL 1245 GOODYEAR RD GARDNERS PA 17324 Susquehanna Bank 1196 Walnut Bottom Road Carlisle PA 17015 FFG file #: 137167 PA/PAPRAEDISATT Michael B. Volk, Esq. Attorney ID #88553 111111111111 11111 111111111111111111111111111111111111 1111 1111 1111 01 meq. SDpdalkt R*- 30964(0 aa�� y