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HomeMy WebLinkAbout09-66151JV- ? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC ASSIGNEE OF HSBC BANK NEVADA N.A. 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. ILONKA WEAVER 17 PINE HILL AVE MECHANICSBURG PA 17050 Defendant (s) NO. 04 - (v(vl5 CIvi I Ie rpA CIVIL ACTION - LAW Civil Complaint Filed on behalf of: Plaintiff, MIDLAND FUNDING LLC Counsel of record for this party. Date: IO f U _ ?? David R. Galloway # 326 1p . Warholic 8 Sarah E. Ehasz #816 469r. 01259 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 # 195633531 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. ASSIGNEE OF HSBC BANK NEVADA N.A. 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CIVIL ACTION - LAW ILONKA WEAVER 17 PINE HILL AVE - MECHANICSBURG PA 17050 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 # 195633531 1315 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. ASSIGNEE OF HSBC BANK NEVADA N.A. 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CIVIL ACTION - LAW ILONKA WEAVER 17 PINE HILL AVE MECHANICSBURG PA 17050 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 # 195633531 1318 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC NO. 0 9- 4 (1 /S &,;a ASSIGNEE OF HSBC BANK NEVADA N.A. 8875 AERO DRIVE SAN DIEGO CA 92123 Plaintiff VS. CIVIL ACTION - LAW ILONKA WEAVER 17 PINE HILL AVE MECHANICSBURG PA 17050 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 HSBC BANK NEVADA N.A. located at, 8875 AERO DRIVE SAN DIEGO CA 92123 2. Defendants, ILONKA WEAVER , is/are adult individual(s) with last known address(es) of 17 PINE HILL AVE MECHANICSBURG PA 17050 COUNTY OF CUMBERLAND 3. It is averred that Defendant(s) was/were issued an open end credit card account. 4. At all relevant times material hereto, Defendant(s) has/have used said charge card for the purchase of products, goods, and/or for obtaining services. 5. Defendant(s) was/were provided with monthly statements showing all debits and credits for transactions on the Account to which there was no bona fide objection by Defendant(s). A Statement of Account summarizing the Account is attached hereto as Exhibit "A". PAC1M1/PACP7 FILE # 195633531 1 1321 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 $ 3189.18. 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 $ 3189.18, plus costs of this action, and any other relief as this Court deems just and reasonable. u Respectfully S minted, David R. Galloway ##732 ilip C. Warholic Sarah E. Ehasz Amy F. Doyle MANN BRACKEN LLP Attorneys in the 4660 Trindle Roa 866-253-0128 PAC1M2/PACP7 FILE # 195633531 #86469 o er . Polas, Jr. #201259 #87062 / Counsel for Plaintiff Practice of Debt Collection d, Suite 300, Camp Hill, PA 17011 2 1324 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. ?Ivdl ? 1-1111Zz.J4 - David R. Galloway #873/ ip Warholic #86341 Sarah E. Ehasz #864 9 o er 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 # 195633531 EXHIBIT "A" EXHA (10/09108) H w Q a I Q o pq m N U # Gl # V] + x # « w + o * « w « H Z U) o u U ) a l4 < ? I? w y A H r ? a r a rl H rl H U ? w O a A y o z d o a; O m ° Q W i co W ' U W G 2 ~ o ` U Q q v w z U : i 134 U r O Q v i , a w ro a l Q W U Q w C) a d o ii W # o H E. N « H O W H W U a E W A U x O Ul U E" o pOOq F U i r £ U z ~ ° a W q W V o q a m Q U ° a E-a A U H W H a N Q A w * Q , N F * M U z W U v> W pl L' a N U !rJ W a a p p A H C.) . 1 N p a a f A N a U W 04 N H A vl x U « z b C a W O H E + H £ w £ W o N a £ a A W A a H U m q N U W O d, P4 F4 U w U) 4 ix 14 L) Q z H U q A U 0 a O V F a z o * « Q m ti z w a o m o U ° b W U # W H a W '` W E' U V U7 w ° F U W ?n W U ti '?' H q a U p H (7 N a z o w c? H t £ H w m a [ as w U E u p 114 H -' W * w H U i ? U g U ) Wi P O W (d ; 0 U o 3 s a Q * . H U O U >j a : q H U U* ; w d W U * a U £ ° U * w : u z 5 u L) u a 0 r- 3: 9 8 z m e s o a FF? 'A H `j ?] W W x "? o O m w p o \ ? m A tq r H a a z H p , p o w W m W rl nl O ° \ CQ S N U .l 10 * \ H o o U c U o ° z ° A U rv £ o u` m A ° . 7 a H r n o \ X X W E. m m t .-, i m F o U o U U \ o * U N m a H « E U N U O N w ° H Q •-i W U X F w * u i G 0 o W q > U , y O O U ti A W m + o b H a W Q Q Q ?sy % Q A H SW Aa AO *a r z a v t p m H Q z N ' A U z r4 D z z "QQ' a-l w 2 A ? + z q Q O H a fF '+ Q '? i q p, A w L. O H {H W W N Q a z F A H W H U a ° H a Q H W \ . W O a a a a a a a W U O \ O a0 A a W W W A z £ £ ££ £ £ O m ti O ,y H Io C" W A H x W W W W W W W "1 U a s U .i U U \ Um 'N U U a U N N W d' w d' V' W Q a s * O t £ i t? * ° C * # k x a k * rl # U U U U U U U C ) U * * * t # * . V O OF THE P Cfi--jr,^s0TARY 2009 QGT -5 PM 12: 4 5 ;,.,UN t $'18.50 Pb AT"*' ?-r a?ac69 P4a.314q I Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ???,rn of 41t?rrbra?,? c } dCFCJ' 1-, S4ERSFF FILED--'rTf uE OF THE P. -,,OTAPY Midland Funding LLC vs. Ilonka Weaver 2609 OCT 15 All 9. 12 <?Ei` ?f?? ? ?l t{rF Case Number 2009-6615 SHERIFF'S RETURN OF SERVICE 10/09/2009 08:05 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 9 2009 at 2005 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ilonka Weaver, by making known unto herself personally, at 17 Pine Hill Avenue Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, ?00019404e 400. -'0 October 13, 2009 R THOMAS KLINE, SHERIFF 24put Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding LLC assignee of HSBC BANK NEVADA, N.A., Plaintiff vs. NO. 09-6615 CIVII. ACTION -LAW n c; ^~, ,, ~.. -; .. N C~ :~ rJ rv N c.,i --n ~~ -~, rn c:~ ~.. iy II.ONKA WEAVER Defendant PRAECIPE FOR DEFAULT .TUDGMENT .r r .~ i ="= -c~ __~. tt? .a: cn -~~ :,. )' ''t _~ ~} Please enter Default Judgment in favor of Plaintiff and against Defendant(s), ILONKA WEAVER for failure to file a written response to Plaintiffs Complaint. (X) Principal in Complaint $3039.18 Interest in Complaint $ -0- Attorneys' Fees $ -0- TOTAL $3039.18, plus court costs and statutory interest from 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, 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 and a copy of the notice is attached. FULTON,~I;RIE~II~AN, & GULLACE LLP Signature: '~ David R. Galloway 87326 130B Gettysburg ike Mechanicsburg, PA 17055 (866)563-0809 Counsel for Plaintiff Attorneys in the Practice of Debt Collection FFG File # 137391 ~i~.oa~i<_L (~~ y t~~- a4~lo~ /Vo~-f'~,nat sr.l, PA/PA_PRAEJD REGIONAL OFFICES PHOENIX, AZ AGOURA HILLS, CA CONCORD, CA GREENWOOD VILLAGE, CO WILMINGTdN, DE BOCA BATON, FL ATLANTA, GA ROCKVILLE, MD NOVI, MI CHAMPLIN, MN HUNTERSVILLE, NC LAS VEGAS, NV ROCHESTER, NY 195633531 ILONKA WEAVER LAW OFFICES MANN BRACKEN LLP Attorneys in the Practice of Debt CoNection (A National Collection Attorney Network Firm} TWO IRVINGTON CENTRE 702 KING FARM BLVD. ROCKVILLE, MD 20850-5775 (TOLL FREE) t-800-745-7303 PLEASE DIRECT CORRESPONDENCE TO ROCKVILLE OFFICE 17 PINE HILL AVE MECHANICSBURG PA 17050 11 /02/09 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 of operation: 8 am. 8 p.m. EST M-F File No. 195633531 -~ Re: MIDLAND FUNDING LLC, ASSIGNEE OF HSBC BANK NEVADA N.A. vs. ILONKA WEAVER Docket No. 09-6615 Dear ILONKA WEAVER Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, ~2.~~ Enclosure CC: ILONKA WEAVER David R. Galloway #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: 86fi-253-0128 Fax: (717} 737-9051 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 LTRMDI to9,21,1M) ~. - - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC N0. 09-6615 ASSIGNEE OF HSBC BANK NEVADA N.A. 8875 AERO DRIVE , SAN DIEGO CA 92123 , vs. Plaintiff , ILONKA WEAVER Defendant (s) , T0: ILONK.4 WEAVER 17 PINE HILL AVE MECHANICSBURG PA 17050 DATE OF NOTICE: 11/02/09 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 JUDGHENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TARE 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 ~2 . By David R. Galloway ~~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 IMPNOT/PANOTC FILE ~~ 195633531 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding LLC assignee of HSBC BANK NEVADA, N.A. Plaintiff v. ILONKA WEAVER Defendant(s) NO. 09-6615 CIVIL ACTION -LAW NOTICE OF .TUDGMENT Notice is hereby given that a Judgment in the above-captioned matter has been entered against you as follows: Principal in Complaint $3039.18 Interest in Complaint $ -0- Attorneys' Fees $ -0- TOTAL $3039.18, plus court costs and statutory interest from date of judgment NOW, , 20 , JUDG IS ENTERS AS ABOVE. Prothonotary/Clerk, Civ Division 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: ILONKA WEAVER 17 PINE HII.L AVE MECHANICSBURG PA 17050 FULTOI~~R~IAN, & GULLACE LLP Signature: 'J David R. Galloway 326 130B Gettysburg e Mechanicsburg, 17055 (866)563-0809 Counsel for Plaintiff Attorneys in the Practice of Debt Collection FFG file #: 137391 PA/PA_NTCOFJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of HSBC BANK NEVADA, N.A. v ILONKA WEAVER 17 PINE HILL AVE MECHANICSBURG PA 17050 ^ Confessed Judgment © Other Docket No. 09-6615 Judgment Amo unt $3039.18 Less Payments $(0.00) Interest: $85.93 Total: $3125.11 . Atty'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. Issue writ of attachment in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, directing attachment against MEMBERS 1ST FCU , as Garnishee, for the following property of the defendant(s): All accounts, including but not limited to, all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securities, coupons, safe deposit boxes and all other property f the defendant(s) in the possession, Gusto control of Garnishee. Date ~~ ~ b Signature: V Print name: David allowa Address: 130B Ge sbur Pike Memhers !~ FL'U Mech icsburg;. PA 17055 1 Do0 &'Yn ~~' ~ Attorney for: MIDLAND FUNDING LLC (~Mlisle PA -?fli3'i~ Telephone: (866) 563-0809 Supreme Court ID No:#87326 c ~ ~ FFG File # 137391 m ~ _ ° ~ `i R I IIINI IINI IIIf IINI IINI IINI IINI IINII INIII VIII IIIII N IIII :,Trrr ~ ~' ~~- c -~ ~' r ~ ~" ~ ~o ® ~ ~' --,a ~~ ~ ° ~ ~ 37. oo C.BF ~ 78.so ~~ ~- -+ i~}. 00 '' --C ~ ~ a.so u -~ s 15(0.50 - Pp an'/ ~~ ~'118~ n ~~ a5o3~5 ~a . ~ ~ ~a ~ri~ aP ~c.~8uoo~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6615 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDLAND FUNDING LLC, assignee of HSBC BANK NEVADA, N.A., Plaintiff (s) From ILONKA WEAVER, 17 Pine Hill Ave, Mechancisburg, PA 17050 (I) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS 1sT FCU, 1000 Bryn Mawr Road, Carlisle, PA 17013-1588 All accounts, including but not limited to, all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledgesm, 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 $3,039.18 Interest -- $85.93 L.L. $.50 Atty's Comm Atty Paid $156.50 Plaintiff Paid Date: 10/28/10 ~. (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs David D. Buell, Prothonotary By: Deputy Name DAVID GALLOWAY, ESQUIRE Address: FULTON FRIEDMAN & GULLACE LLP 130B GETTYSBURG PIKE MECHANICSBURG, PA 17055 Attorney for: PLAINTIFF Telephone: 866-563-0809 Supreme Court ID No. 87326 IN THE COURT OF COMMON PLEAS CUMBERLAND MIDLAND FUNDING LLC assignee of HSBC BANK NEVADA, N.A. Plaintiff vs. ILONKA WEAVER Defendant(s) CIVIL ACT No.09-6615 i--? INTERROGATORIES TO GARNISHEE To: MEMBERS 1 ST FCU 1000 BRYN MAWR RD CARLISLE PA 17013-1588 PURSUANT TO RULE 3253 OF THE RULES OF CIVIL PROCEDURE, T INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATOR] FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES T( EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE RE IMPORTANT NOTICES AND INSTRUCTIONS TO A. You are required to file answers to the following interrogatories within 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 C. "You" means the main office and all branch offices, representatives, organization. D. By service of the Writ of Execution upon you, all property of the which is in your possession, custody or control is attached, including all comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore as you receive further or additional information. PENNSYLVANIA OCT 0120% - LAW F-? w, , -71 CD v 3E FOLLOWING GARNISHEE IS HEREBY ES SEPARATELY AND ASSIST THE CREDITOR'S FERENCED DEBTOR(S). (20) days after service Writ Execution was issued. and agents of your it(s) subject to attachment of the Defendant(s) which be modified or supplemented F. Where exact information cannot be furnished, estimated information is t be supplied. When an estimate is to be used, it should be identified as such, an explanation should be given as o 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, of the party's agents, representatives, and attorneys. FFG filet 137391 ? 111111 VIII 1111111111 VIII VIII VIII 111111 IIIIIN Ilill VIII II IIII request includes knowledge PA/PA_BANKINTERROGS INTERROGATORIES TO GARNISHEE IDEFENDANT(S) - ILONKA WEAVER SS# ***-**-5557 1. At the time you were served or at any subsequent time did you owe or were you liable to the defendant(s) on any negotiable or other writ defendant(s) claim that you owed the defendant(s) any money or were liabl( reason? the defendant(s) any money ten instrument, or did the to the defendant(s) for any 2. At the time you were served or at any subsequent time was there i your possession, custody or control or in the joint possession, custody or control of yourself and on or more other persons any property of any nature owned solely or in part by the defendant(s)? N 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? 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? 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 o what was the consideration therefor? 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? 7. If you are a bank or other financial institution, at the time you wet time did the defendant(s) have funds on deposit in an account in which fun, on a recurring basis and which are identified as being funds that upon depoa levy or attachment under Pennsylvania or federal law? If so, identify each amount of funds in each account, and the entity electronically depositing the \0.1? served or at any subsequent are deposited electronically are exempt from execution, .count number and state the funds on a recurring basis„ PARA_BANKINTERROGS DEFENDANT(S) - ILONKA WEAVER SS# - ***-**-5557 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, (lid not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. „t 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 def ndant. A 10. At the time you were served or at any subsequent time, state wh ther 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 mount 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. 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 reparation of the Answer. \\?-\o 12. Please provide the name, business address and business telephone Of the person answering these interrogatories. ?JAs 13. Please provide the address and telephone number where future case can be served on Garnishee. s FULTON, FRIEDMAN, & G David R. lloway #87326 (866) 56 0809 Counse or Plaintiff Attorn s in the Practice of Debt Please return your Answer to Interrogatories to counsel for Plaintiff at: 28 E. Rochester NY 14614. FFG File #: 137391 documents pertaining to this LLP Street, Suite 500, PA/PA_BANKINTERROGS A b(I - MEMBERS 1St FEDERAL CREDIT UNION November 2, 2010 Ilonka C Weaver 17 Pine Hill Ave Mechanicsburg Pa 17050 Account Number: XXX725 Name on Account: Ilonka C Weaver Savings: $5.51 -5.00 (Membership Fee) - .51 (Processing Fee) $0.00 Checking: Account Number: XXX333 Name on Account: $ 0.00 Derek M Weaver Ilonka C Weaver (Joint) Savings: $119.48 -5.00 (Membership Fee) $114.48 $300.00 Statutory Exemption was not taken out. Jody L Burkholder Deposit Operations Analyst 5000 Louise Drive • P.O. Box 40 ° Mechanicsburg, Pennsylvania 17055 • (8000 283-2328 • www.memberslst.org 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 Jody . Burkholder (Na ne) Deposit Operations Analyst of Members 1st Fe eral Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verifi forth in the foregoing Answer to Interrogatories are true and knowledge, information and belief and the facts set to the best of his/her r? !l GN ATURE) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of HSBC BANK NEVADA, N.A. v Plaintiff NO. 09-6615 CIVIL ACTION - LAW n c -v3 MW zm z? cn r ..cD rz <C:) zo DC z -G C3 x,n rnr- -n rn av0 0 xrn z°=? o r-) -- ern D ILONKA WEAVER Defendant(s) PRAECIPE TO DISCONTINUE ATTACHMENT TO THE PROTHONOTARY: Please release the Writ of Execution filed against Garnishee in the referenced matter without prejudice. Respectfully Submitted, t David R. Gal way #87326 Fulton Friedman & Gullace, LLP Counsel for 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: ILONKA WEAVER 17 PINE HILL AVE MECHANICSBURG PA 17050 MEMBERS 1ST FCU CUMBERLAND-PA 1000 BRYN MAWR RD CARLISLE PA 17013-1588 FFG file #: 137391 David R. Gallows Attorney ID #87A6 IIN?II?il?1l?I?II? ?I??I f 9.00 PA/PA PRAEDISATT???? " 4 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FILED-OFFICE JI. THE PROTHONOTARY SHERIFF'S OFFICE OF CUMBERLAND COUNTY 2011 MAY 27 AM 9: 37 10t 11" ut u?ng?rf OFFICE QF" `SHERIFF Midland Funding LLC Assignee of Platinum Select Case Number vs. 2009-6615 Ilonka Weaver SHERIFF'S RETURN OF SERVICE 11/0212010 10:07 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2010 at 1007 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Ilonka Weaver, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 321 York Road, Carlisle, Cumberland County, Pennsylvania, 17013, by handing to Connie Waggoner, 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. The writ of execution and notice to defendant was mailed on November 3, 2010 to Ilonka Weaver at 17 Pine Hill Avenue, Mechanicsburg, PA 17050. 05/26/2011 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. CUMBERLAND COUNTY, PENNSYLVANIA SHERIFF COST: $87.05 May 26, 2011 RON R ANDERSON, SHERIFF B A Ae-C?2 ? , I a9tfa-ron R. Lantz 11 .? .DD P'[ . Ca. SO ANSWERS, ,570 ?Pe - 4C,4 ;c GouniySuite Shenft_ Tedeosoft. Inc.