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Home My WebLink About10-68671 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of CITIBANK n Plaintiff NO. (b - (p8(o7 CIYIITGT'h'? V. CIVIL ACTION - LAW NANCY HAHN 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. FFG File # 171933 CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD ST. CARLSILE, PA 17013 (717) 249-3166 cs m rv r u? r _ C:) r,. ca v r 'TJ M -TJ 0 on -irn D O 49100 PO FiTN 2* asa37a PA/PA_NTCDE A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of CITIBANK Plaintiff V. NANCY HAHN Defendant(s) NO. CIVIL ACTION - LAW NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) digs despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para. usted. UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD ST. CARLSILE, PA 17013 (717) 249-3166 FFG File#: 171933 PA/PA_NTCDE COURT OF COMMON PLEAS OF Cjarv-%berl Gn e-A COUNTY MIDLAND FUNDING LLC, as Assignee of CITIBANK Plaintiff -vs- No: CIVIL ACTION - LAW NANCY HAHN, Defendant(s). COMPLAINT AND NOW, comes Plaintiff, by and through its attorneys, Fulton, Friedman, & Gullace, LLP, and files this Complaint and in support avers as follows: 1. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to defendant's CITIBANK account XXXXXXXXXXXX2026 (MCM Number 8530974330) (hereinafter "the account"). 2. Upon information and belief, Defendant(s) has a last known address of 41 ARMY HERITAGE DR, CARLISLE, PA 17013. 3. Upon information and belief, this action is based upon a written credit agreement entered into between defendant(s) and the original credit grantor. 4. Upon information and belief, defendant(s) used or authorized the use of the account to obtain loans from the original credit grantor for the purpose of obtaining goods and/or services and/or cash advances. 5. Defendant(s) failed to make full payment of the amount owed on the account. 6. Upon information and belief, the last payment posted to the account on 2007-07-24. 7. The account shows that the defendant(s) owe(s) a balance of $4824.74. 8. The original instrument creating the account was not provided to plaintiff and, upon information and belief, is unavailable. 1111111111111 11111111 111111 8530974330 AFFLI 171933 9. Upon information and belief, Defendant(s) breached the terms of the agreement by failing to make full payment on the amount owed on the account. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter Judgment in favor of Plaintiff and against Defendant(s) in the amount of $4824.74, plus costs of this action and any other relief as this Court deems just and reasonable. By?L David R. Fulton Frie an & Gullace, LLP 130B Gettysburg Pike Mechanicsburg, PA 17055 Tel: (866) 563-0809 I?1?1111?1111 I?IIIIMI I?IIII 8530974330 AFFLI 171933 Verification Cynthia Schaefer, being duly sworn (or affirmed) according to law deposes and says that I am employed as a Legal Specialist for Midland Credit Management, Inc. ("MCM"), servicer of this account on behalf of plaintiff. I am authorized to make this verification on plaintiffs behalf. The facts set forth in the foregoing pleading are true and correct upon information and belief. SEP 25 2010 Date Cynthia STATE OF MINNESOTA COUNTY OF STEARNS SEP 25 2010 Signed and sworn to (or affirmed) before me on (Seal) KELLY J ELLSWORTH Notary puuk-Minnesota ?EzpitesJan.31,2015 AZ 16 Fulton, Friedman, & Gullace, LLP by Cynthia Schaefer. AA)) 411j?lw Notary Public My commission expires: 1111111111 11111111 (1111 8530974330 AFFLI 171933 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ???rakrrl, tti,,r Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF!C,E i T!-F 5rERIFF Midland Funding LLC vs. Nancy Hahn Case Number 2010-6867 SHERIFF'S RETURN OF SERVICE 11/04/2010 06:45 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 4, 2010 at 1845 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Nancy Hahn, by making known unto James Hahn, Husband of defendant at 41 Army Heritage Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 November 05, 2010 --- RYAN BURGETT, DEPUTY SO ANSWER' Ste, RON R ANDERSON, SHERIFF * wEr -T4 , + 7Z fCi COUn? fSU1tG Sheriff. Teleoloft, Inc. OF THE PROTHONOTARY Mil NOV 24 AM 11: 44 C?Y6VANIANTY Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 MIDLAND FUNDING, LLC, as Assignee of CITIBANK NANCY HAHN To The Prothonotary: IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - IN LAW NO. 10-6867 Defendant CIVIL TERM PRAECIPE TO ENTER APPEARANCE Kindly enter my appearance as attorney for the Defendant in the above captioned matter. Date: November 24, 2010 4 ' DOUGLAS C. LOVELACE, JR., Esquire Attorney for Defendant FILED-OFFICE OF THE PROTHONOTARY 2010%OV 24 AM 11:44 CU PENNSYLVICOUNTY Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - INLAW NO. 10-6867 : CIVIL TERM NOTICE TO PLEAD Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 MIDLAND FUNDING, LLC, as Assignee of CI TIBANK V. NANCY HAHN To: Midland Funding, LLC, through its attorney, David R. Galloway, Esquire, Fulton, Friedman & Gullace, LLP, 130 B Gettysbirg Pike, Mechanicsburg, PA 17055. You are hereby notified to plead to the within New Matter, within twenty days from service hereof, or a default judgment may be entered against you Very respectfully, ?r Date: November 24, 2010 DOU LAS C. LACE, JR., Esquire Attorney for Defendant Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 MIDLAND FUNDING, LLC, as Assignee of CITIBANK IN THE COURT OF COMMON PLEAS Plaintiff V. NANCY HAHN Defendant : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - IN LAW NO. 10-6867 CIVIL TERM DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, November 24, 2010, Defendant, by her attorney, Douglas C. Lovelace, Jr., files this Answer with New Matter to Plaintiff s Complaint and avers as follows: ANSWER 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and demands proof thereof at trial, if relevant. 2. Admitted. 3. Denied. Defendant denies having entered into a written agreement with Plaintiff and demands proof of such a written agreement at trial, if relevant. 4. Denied as stated. Defendant denies use of the account Plaintiff alleges, for the purpose of obtaining loans and demands proof thereof at trial, if relevant. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and demands proof thereof at trial, if relevant. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and demands proof thereof at trial, if relevant. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and demands proof thereof at trial, if relevant. 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and demands proof thereof at trial, if relevant. 9. Denied. Plaintiffs averment is an incorrect conclusion of law for which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant respectfully requests this Honorable Court dismiss Plaintiff's Complaint with prejudice, assess all costs against Plaintiff, and grant such other relief as the Court deems just and proper. NEW MATTER 10. Defendant incorporates by reference her responses in paragraphs 1 through 9, inclusive, as though fully stated and set forth herein. 11. Plaintiff's Complaint fails to state a cause of action, upon which relief may be granted. 2 12. Plaintiffs alleged cause of action is barred or limited by the applicable Statute of Limitations. 13. Plaintiff's alleged cause of action is barred or limited by the doctrine of laches. 14. Plaintiff's alleged cause of action is barred or limited by the doctrine of estoppel. 15. Plaintiff s alleged cause of action is barred or limited by the doctrine of unclean hands. 16. Plaintiff's alleged cause of action is barred or limited by the doctrine of duress. 17. Plaintiff's alleged cause of action is barred or limited by the doctrine of waiver. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice, assess all costs against Plaintiff, and grant such other relief as the Court deems just and proper. Respectfully submitted, Dated: November 24„ 2010 A?r ee 4 f f Douglas C. Lovelace, Jr., Esq. Attorney and Counselor at Law 36 Donegal Drive Carlisle, Pennsylvania 17013 (717) 385-1866 Attorney for Defendant 3 MIDLAND FUNDING, LLC, as Assignee of IN THE COURT OF COMMON CITIBANK PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - INLAW NANCY HAHN NO. 10-6867 Defendant CIVIL TERM VERIFICATION The undersigned does hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, that the facts and circumstances set forth in the foregoing Answer with New Matter are true and correct to the best of her knowledge, information, and belief. Date: November 24, 2010 Nancy Hahn Defendant MIDLAND FUNDING, LLC, as Assignee of CITIBANK Plaintiff V. NANCY HAHN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW NO. 10-6867 CIVIL TERM CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for the Defendant, hereby certify that on November 24, 2010, I served a true and correct copy of the foregoing Answer with New Matter upon the below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: David R. Galloway, Esquire Fulton, Friedman & Gullace, LLP 130B Gettysburg Pike Mechanicsburg, PA, 17055 Attorney for Plaintiff tq?xl yp. Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 David R. Galloway Attorney I.D. 87326 FULTON FRIEDMAN & GULLACE, LLP 130B Gettysburg Pike Mechanicsburg, PA 17055 Direct Dial: 717-610-3337 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF Q CUMBERLAND COUNTY, PENNSYLVANIA rn z? z? C/)r-- MIDLAND FUNDING, LLC, NO. 10-6867 - > ASSIGNEE OF CITIBANK, r d Plaintiff z z v. CIVIL ACTION -LAW NANCY HAHN, Defendant REPLY TO NEW MATTER c? w S> ctt rV AND NOW, comes Plaintiff Midland Funding, LLC, Assignee of Citibank, by and through its attorneys, Fulton Friedman & Gullace, LLP, and files the following Reply to New Matter: 10. Plaintiff hereby incorporates by reference Paragraphs 1 through 9 of the Complaint as if set forth in full herein. 11-17. The allegations contained in these Paragraphs are conclusions of law to which no response is necessary. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter and enter judgment in favor of Plaintiff and against Defendant, along with the allowable costs of this action, and such further relief as the Court deems appropriate. Respectfully submitted, FULTON, FRIEDMAN & GULLACE, LLP By: David R Gallows , #87326 Counsel for Plai iff rz) -s r- ?' ca CD , --4(Z (M n --s rr; David R. Galloway Attorney I.D. 87326 Counsel for Plaintiff FULTON FRIEDMAN & GULLACE, LLP 130B Gettysburg Pike Mechanicsburg, PA 17055 Direct Dial: 717-610-3337 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING, LLC, NO. 10-6867 ASSIGNEE OF CITIBANK, Plaintiff V. CIVIL ACTION - LAW NANCY HAHN, Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Reply to New Matter upon counsel for the Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on this I day of eCr , 2010: Douglas C. Lovelace, Jr., Esquire 36 Donegal Dr. Carlisle, PA 17013 Respectfully submitted, FULTON, FRIEDMAN & GULLACE, LLP By: David R Gall ay, #87326 Counsel for aintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of CITIBANK Plaintiff v NANCY HAHN Defendant(s) NO. 10-6867 CIVIL ACTION - LAW PRAECIPE TO SETTLE DISCONTINUE & END TO THE PROTHONOTARY: Please mark the above captioned action as settled, discontinued and ended. Resnect€udly Submitted, Ila ,? co Ful& Gullace, LLP By:7ettysbburg Day #87326 Cotiff Attractice of Debt Collection 130Pike Mechanicsburg, PA 17055 (866) 563-0809 CERT IFICATE OF SERVICE r rn -v .x 4E.? cz? ?a 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: DOUGLAS C. LOVELACE, JR 36 DONEGAL DR CARLISLE PA 17013 FFG File #: 171933 David R. G oway Attorney 1 #87326 PAPA PRAESDE