HomeMy WebLinkAbout11-0335IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Midland Funding LLC
assignee of CAPITAL ONE BANK _
Plaintiff NO. I -? ?IV ° ?ftL?,
V. CIVIL ACTION - LAW
KATHLEEN GUSSLER
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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S BEDFORD ST.
CARLSILE, PA 17013
(717) 249-3166
FFG File # 272062
III II IIN1 IINi IINI NII IINI IIIII IIIII I III 111111111111111
PA/PA_NTCDE
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Midland Funding LLC
assignee of CAPITAL ONE BANK
Plaintiff
V.
KATHLEEN GUSSLER
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 acci6n dentro veinte (20) dias 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 par 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#: 272062
PA/PA_NTCDE
COURT OF COMMON PLEAS OF CU OACI 1 COUNTY
MIDLAND FUNDING LLC, as Assignee of
CAPITAL ONE BANK
Plaintiff
-vs-
KATHLEEN GUSSLER,
Defendant(s).
No:
CIVIL ACTION - LAW
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 CAPITAL ONE BANK account
XXXXXXXXXXXX4474 (MCM Number 8534016424) (hereinafter "the account").
2. Upon information and belief, Defendant(s) has a last known address of 26 ROYAL DR,
CARLISLE, PA 17015.
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. MCM's records indicate that the last payment posted to the account on 2009-07-08.
7. The account shows that the defendant(s) owe(s) a balance of $1158.44.
8. Attached hereto, upon information and belief, is a copy of the credit agreement
provided to plaintiff as either the actual agreement applicable to defendant, or an exemplar of
such agreement applicable to accounts issued by CAPITAL ONE BANK.
11 10111IM111 11MMI
8534016424 AFFINDEBT 272062
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter Judgment
in favor of Plaintiff and against Defendant(s) in the amount of $1158.44, plus costs of this
action and any other relief as this Court deems just and reasonable. <:::?)I
By
David R. Gall ay
Attorney I.D. 7326
Fulton Friedm & Gullace, LLP
130B Gettysburg Pike
Mechanicsburg, PA 17055
Tel: (866) 563-0809
1 INIMMIN IIMMI
8534016424 AFFINDEBT 272062
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.
NUv 082010
Date
STATE OF MINNESOTA
COUNTY OF STEARNS
Signed and sworn to (or affirmed) before me on
PAULA E HANSEN
Notary Public-Minnesota
My Com lion Eom J80112015
AZ 16
Fulton, Friedman, & Gullace, LLP
NOV 082010
by Cynthia Schaefer.
i
Notary Public
My commission expires:
IN?1 1/111/11
85340] 6424 AFFINDEBT
272062
Exhibit A
CM~
Welcome to Capital One ........... ............:................................1
Some Definitions .:.......................................................... ........1
Account Agreement .................:...................................... ........1
New Offers ............................................:......................... ........2
Account Information ............:......................................... ........2 .
Credit Limits .................................................................... ........2
Using Your Card .............. ................... ... ............. ........3
Rewards ....... ..:....................................... .,....................... ........3
Using Your Access Checks ................................................ ....3-4
Stopping Payment of Access Checks .............................. ........4
Using a PIN ...............................:...................................... ........4
Authorized Users ......................:......................:.............. ........5
Removing an Authorized User ........................................ ........5
Finance Charges .............................................................. ........5
Your Promise to Pay ................................................................5
Statements ..............................................................................6
Disputed Transactions ..................................................... .......6
Fees .................................................................................. ....6-7
Transactions Made in Foreign Currencies ......................... .......7
No Warranties ........................................................................7
Merchant Refunds ........................
Minimum Payment ..................................................................8
Making Payments ..................................................................8
Mailed Payments ............................................................. .......8
Faster Payment Services ..................
Payment Processing
How We Apply Your Payments ................................................9
Items with Restrictive Words, Conditions, or instructions ...... 9
Credit Balances ......................................................................10
Account Default ....................................................................10
Communications ..................................................................11
Credit Reports ........................................................................11
Closing or Suspending Your Account .............................. 11-12
Lost or Stolen Card ................................................................12
Changes to Your Agreement ................................................12
Governing Law ......................................................................12
Waiver .............................................................................. 12-13
Assignment ....................................................................... .....13
Arbitration Provision ........................................................ 13-18
Special Definitions for this Arbitration Provision ................ 13-14
Arbitration Administrators ................................................ . ..... 15
Election and Initiation of Arbitration ................................ 15-16
Procedures and Law Applicable in Arbitration ................... .....17.
Costs ............................................. ...............17
No Consolidation or Joinder of Parties ............................. ....:18
Judgment, Enforcement, Finality and Appeal ........................18
Miscellaneous, Waiver, Severability, Survival ....................... .....18
Glossary ............................... ..............:....................... 18-19
Your Credit Card Aareentent
1. Weioome to Capital One. Thank you for opening a credit card Account with us. This Agreement contains the terms for your Capital One
credit card.
1. Some Definitions. The meanings of the terns you see in italics appear in the Glossary Section. To make the Agreement easy to
understand, we will also use the following personal pronouns:
"You", "your" and "yourself mean each applicant and co-applicant for the Account, any person responsible for paying the Account: and anyone they
authorize to use, access or service the Account It also includes an Authorized User as defined in the Glossary Section and as the language allows.
"We," "us," "our" and 'Capital One' mean Capital One Bank (USA), National Association; and its agents, authorized representatives, successors,
and assignees.
1. Account Agreement. Your Agreement ("Agreement") with us includes the following things:
(1) this document;
(2) all Statements,,
(3) all rewards information and documentation If your Account has rewards;
(4) our Privacy Notices unless you are not entitled to one; these describe our limitations on sharing information about you with others;
(5) your Card benefits brochure which describes benefits provided by the Card Association for your Card and Account. The most current version
of your Card benefits brochure will replace all prior versions.
(6) the 'Small Business Credit Card Addendum" if you have a small business Card;
(7) all disclosures and materials provided to you before or when you opened your Account, including some Truth in Lending Disclosures;
(8) all other documents and disclosures relating to your Account including those provided online; and
(9) any future changes we make to any of the above things.
Please read these carefully and keep than for future reference. An Image of any of these can be used instead of the original.
2. New OffOrs. We might make new offers to you or forward offers from others that we think you might be interested in. The terms and
documentation for these offers will be provided when we make you the offer. If you accept the offer, this Agreement will still apply except as modified
by the offer.
2. Account hlformation. We need information about you to manage your Account. The Information we need includes:
(1) your legal name;
(2) a valid U.S. mailing address and residential address (if differerft
(3) your date of birth;
(4) your social security number or other government identification number,
(5) your telephone number(s); and
(6) your employment information.
You must tell us when this information changes. Please mail these changes to us at the address provided on our Statement. You may also update
some of this information by logging onto your Account on our website or by calling one of our representatives at the telephone number provided on
your Statement or on the back of your Card. We may require you to provide additional documents that are acceptable to us to verify these changes.
2. Credit Limits. When you open your Account you will receive your creelt limits. These will also appear on your Statements. We might also
refer to your credit limit as your credit Iine. We may give you different credit limits for the different Segments of your Account For example, you might
have a different credit limit for purchases than for Cash Advances.
You are responsible for loping track of your Amount balances and your available credit limits. Do not allow your Account to over any credit limit.
If you do, we may still honor the transactions and charge you fees. But, our honoring the transaction will not increase your credit limit.
We may also increase, decrease, restrict or cancel your credit limit on any Segment at any time. This will not affect your obligation to pay us.
3. Using Your Card. When you activate and use your Card, you promise to follow the tame of this Agreement Please sign the Card
Immediately when you receive It The Card is valid during the defies provided on the front. The Card is our property, and you will return it to us or
destroy It if we ask. You will take reasonable steps to prevent the unauthorized use of your Card and Account.
You may use your Card wherever it Is accepted We are not responsible if anyone refuses to accept your Card for any reason. Also, we may reject
and not accept any transaction for any reason. Unless we tell you otherwise, we will bill each transaction to the applicable Segment of your Account
and apply it against your available credit limit for that Segment in each SiOng Cycle.
You may also obtain Cash Advances and Transfers if they are permitted for your Account. Unless we agree, you may not use a Transfer to transfer
amounts from other amounts with us or any other company within the Capital One organization. If we do permit a transfer to this Account, the terms
of this Account will apply once the Transfer is completed.
You must not use, or try to use, the Card for any Internet gambling transactions or transactions that are illegal or not permitted by us. You will still be
responsible if you do. In addition, these transactions will be subject to this Agreement, and you might have to reimburse the Card Association and us
for all damages and expenses.
From time to time, due to clrecunstances beyond our control (such as system failures, fires, floods, natural disasters or other unpredictable events)
our services might be unavailable. When this happens, you might be unable to use your Card or obtain information about your Account We will not
be responsible or liable If this happens.
3. Rewards. Your Account might provide you with the opportunity to earn rewards. If it does, we will separately provide you with all Information
and terms about your rewards. We will include on your Statements all rewards you have earned. It might take up to two BUihV Cycles for your
earned rewards to appear on your Statement.
3-4. Using Your Assess Checks. When we provide you with Access Checks, we will tai you whether we will treat them as purchases,
Balance Transfers, Cash Advances, or Special Transfers. Ordinarily, we treat Access Checks as Cash Advances.
Only the person we designate may use Access Checks. Access Checks may not be used to pay any amount you owe us or any other company
within the Capital One organization. We may reject and not pay any Access Check for any reason. Any liability for our wrongful dishonor ofpan
Access Check will be limited to your actual damages and will not exceed the amount of the Access Check.
When you use an Access Check, you will have fewer rights to dispute merchant transactions than with other uses of your Card. Please see the
"Billing Rights Summary' part of your Statement and your other Truth in Lenc7ng Disclosures for more information.
4. Stopping Payment of Access Checks. You may request a stop payment on any Access Check by contacting us as provided on your
Statement. We may charge you a fee to stop payment as described In the Fees Section. If you call us to stop payment, you must also send to us a
written request within 14 calendar days.
We will have a reasonable amount of time after your stop payment request to research the situation and complete it We will not be responsible if we
cannot complete the stop payment because the Access Check was already paid, you do not give us the information we asked for or the information
you gave us was incorrect If we cannot stop payment for these reasons, we may still keep the stop payment fee.
Once we complete a stop payment, we do not have to release the stop payment order unless the same person asks us to. If we re-credit your
Account after paying an Access Check folloN a valid stop payment order, you give us all of your rights against the payee or other holder of the
paid Access Check. You also agree to help us as we request in any actions we might later take against that person.
4. Using a PIN. We may give you a personal identification number (PIN). For security reasons, you might have to provide the PIN before you
are able to complete some transactions using the Card.
With a PIN, you may use your Card to: (1) obtain cash from certain automated teller machines (ATM) or (2) make purchases at certain merchant or
retailer paint-of-sale devices (POS). You may do these things if the ATM or POS requires entry of a PIN and displays the logo of the Card
Association on your Card We will treat all ATM transactions as Cash Advances and all POS transactions as purchases.
You should keep your PIN secure and not write it down, give it to anyone, or keep it with your Card. If you lose your Card or believe that someone
has gained unauthorized access to your PIN, you must contact us immediately.
5. Authorized Users. You may ask us to add one or more Authorized Users with additional Carols on your Account. If we agree to your
request, we will need certain Information about the Aufhartzed User to manage your Account. This will be the same information you provided about
yourself as described in the Account Information Section. We may limit an Aug orized Umes ability to Initiate certain transactions. If we do, we will
tell you about these limitations before adding any new Authorized User on your Account.
Once we add an Authorized User to your Account, we may discuss your Account with them and provide them with Account information. You will be
responsible for their use of the Card and your Account as well as anyone else they allow to use your Card or Account. This will be true even if you
did not want or agree to, their use.
5. Removing an Authorized User. If you want to remove an AtWWzed User from the Account, you must contact us as provided on your
Statement and request their removal. We will have a reasonable amount of time after your request to research the situation and remove them. You
also must immediately destroy all Cards in their possession and cancel all of their billing arrangements to the Account. We will not do this for you.
During this time, you still will be responsible for all amounts they charge to the Account. You will be responsible even if these amounts do not appear
on the Account until laser.
We may does your existing Account and/or issue a new Card with a new Account number.
5. Finance Charges. We will charge Finance Charges to your Account as disclosed to you in your Statements and other Truffi in Lending
Disckrsurw. In some instances, we will not charge Finance Charges for some period of time for certain transactions or balances.
5. Your Promise to Pay. You promise Individually and jointly to pay us all amounts due on your Account. This includes amounts where you
did not sign a purchase slip or other documents for the transaction. If you use your Card number without presenting your actual Card (such as for
mail, telephone or Internet purchases), this will be treated the same way as if you used the Card in person. If you let someone else use your Card,
you are responsible for all transactions that person makes.
6. Statements. We will send you one Statement for all Cards on your Account unless the law does not require or permit us to send a
Statement. Statements will be sent at the and of each BEng Cycle when your Account has a positive credit balance or a negative debit balance of
more than $1.00 or if we have ehaged a Finance Charge to your Account Your Statement will show all transactions billed to your Account during
the Bring Cyde along with other Important Account information.
6. Disputed Transactions. You must inspect each Statement you receive and tell us about any errors or questions you have as described in
the •BH1Ing Rights Summary' part of your Statement and other Truth in Lending Disclosures. If you do not notify us as provided In those disclosures,
we may assume that all Information In the Statement is correct
If you dispute a transaction made by you or someone else on your Account, and we later credit your Account for ati or part of the disputed amount,
you give us all of your rights against that other person. You also will;
(1) give us any merchandise or other purchases you received in connection with the disputed amount if we ask;
(2) not pursue any claim or reimbursement from the merchant and that other person; and
(3) help us pursue and get reimbursement from the merchant and that other person; your help includes giving us documents that we ask for and
that are acceptable to us.
8-7. Fees. We will treat the following fees as purchases. These fees apply to your Account only if they are provided in your Tnith in Lending
Disclosures. Remember, paying the fees charged in connection with a default as described in the Account Default Section will not by itself cure the
default
• Membership Fee We may start ctna you this fee In your first Billing Cycle or later. If it is an annual fee, we may then charge it
approximately once per year during the Cycle that includes the anniversary date of your Account opening. If it is a monthly fee, we may
then charge it once per month in each BDng ode. This fee is payable in advance even if you do not use your Account.
• rt .ant Fee. We may charge you a fee If we do not receive your payment in time for us to credit it by the due date shown on your
Cement
• OverliMit Fee. We may charge you a fee if a transaction, Finance Charge, or other fee, charge or balance causes you to go over or remain over
any your credit limits during any Bfift Cycle.
• &% TX Fee. We may charge you a fee each time any payment you make to us is not paid by your financial Institution, even if that
i wiltubon ater pays it.
•
Check ?oe. We may charge you a fee if we do not pay an Access Check for any reason, including when your Account is in
ult overlimit suspended or dosed.
• ftment Fee We may charge you a fee each time you request us to stop payment on an Access Check or you renew an existing stop
payment order provided in the Stopping Payment of Access Checks Section.
• Ggindilp F We may charge you a per-page fee for copies of transaction documents or Statements unless they are required in resolving a
bi ins iaputa.
The following fees are Finance Charges. We will treat them as Cash Advances. These fees apply to your Account only If they are provided In your
Truth In Lending Disclosures.
• Cash Advance Fee. We may charge you a fee each time you obtain a Cash Advance.
• Transfer Fee. We may charge you a fee each time you obtain a Transfer.
7. Transactions Made in Foreign Currencies. If you make a transaction in a foreign currency, the Card Association will convert it into a
U.S. dollar amount. The Card Association will use its currency conversion procedures in effect when it processes the transaction. Currently, It uses
either a rate selected from the range available in a wholesale currency market or a government Imposed rate. The conversion rate in effect on the
processing date might differ from the rate in effect on the transaction or posting date. We do not currently adjust the currency exchange rate or
charge any additional currency conversion fines.
7. No Warranties. Except as otherwise provided in the "Billing Rights Summary" part of your Statements, we are not responsible for any claim
you might have regarding the purchases of goods or services made with your Card.
7. Merchant Refunds. If you are entitled to a refund for goods or services purchased with your Cam, you will accept these refunds as credits
to the purchase Segment of your Account We do not control when a merchant sends us your refund. We will also have a reasonable mount of time
after we receive your refund to process it
8. Minimum Payment. Your Statement will provide instructions for making payments, including the amounts due and the due date for
receiving your payment. Your Statement we also include a minimum payment amount. To avoid a late payment fee, you must pay us at least this
minimum payment amount by the due date provided in the Statement If you exceed your credit limit we may request a higher minimum payment
from you. a aware that paying only the minimum payment amount might not be enough to avoid an overlimit fee.
In addition to the minhnurn payment, you may pay all or part of the total balances on your Account. If you pay more than the minimum nt, you
still must pay at Most the mWmdxn payment amount shown on each Statement we send you. We will continue to charge Finance Cyme during
Billing Cycles when you carry a balance regardless of whether your Statement includes a minimum payment that is due.
8. Making Paymm ts. Your payments must be in U.S. dollars from a U.S deposit account end otherwise be acceptable to us. We do not
accept cash payments through the mail. You may not make payments with funds from your Account or any other credit account with us or any other
company within the Capital One organization.
8. Mailed Pa nte. You must mail payments to us at the address provided on your Statement. If we receive your payment on Monday
through Saturday ? ding bank holidays), we will credit it to your Account on the day we receive it, if:
(1) you send the remittance coupon included with your Statement in the some envelope with your payment;
(2) you include your Account number on your payment; and
(3) your payment arrives at our processing center by the time indicated on your Statement.
Please allow at least 5 business days for postal delivery. Payments received at any other location or in any other form might not be credited for up to
5 calendar days. This might cause you to be charged late payment fees and additional Finance Charges.
8-9. Faster Payment Services. We may make services available that allow you to make faster payments using a telephone, the Internet or
other payment system. We will describe the terms for using these services before you use then. You do not have to use these other payment
services, and we may charge you a fee for using them. If we do, we will tai you the amount of the fee at the time you request the service. We are
not responsible if a payment made using or payment services is rejected or not paid. Even if it is, we may still keep the fee.
If you give your Account number or other Account information to someone else to make a payment for you, we may provide Account Information to
them and process their payment as if you made it. We may refuse to accept any payment made by someone else for your Account If we accept a
payment made by someone else for your Account you will be responsible for the payment made even if that payment is rejected or not paid.
9. Paymorit ProcessinWe may accept and process payments without losing any of our rights. Even if we credit your payment to your
Account, we may delay the availability of credit until we confirm that your payment has cleared. We may resubmit and electronically collect returned
payments. We may also adjust you Account as necessary to correct errors, to process returned and reversed payments, and to handle similar
issues.
When you provide an item as payment, you authorize us either to use information from your Item to make a one time electronic fund transfer from
your deposit account or to the payment as an Item. We will provide additional information about this process on your Statement or other
documents we send you boor payment. You may contact us and ask that we not process your future Items in this way.
When you provide an Item as payment, it might also be converted into an electronic image and collected and returned electronically. These
electronic images may also be converted to substitute checks. We will not be responsible if an Item you provide has physical features that when
imaged result in it not being processed as you intended.
9. How We Apply Your Payments. We generally apply your payment to lower Annual Percentage Rate balances before higher ones.
Please refer to your ndh in Lending Disdosures for duds on how we may apply your payments.
9. Items with Restrictive Words, Conditions or Instructions. AN trams that have restrictive words, conditions, limitations or
special instructions added (including Itams marked with the words "Paid in Full' or similar le uage) must be mailed to and received at Capital One,
P.O. Box 30285, Salt Lake City, UT 84130-0285. If you make your payment to any other address, we may accept and pro cess the payment without
losing any of our rights.
10. Credit Balances. We may reject and return to you any payment that creates a credit balance on your Account. Any credit balance we
allow will not be available until we confirm that your payment has cleared. We may reduce the amount of any credit balance by any new amounts
billed to your Account. You may contact us as provided on your Statement and request a refund of any available credit balance. If you contact us in
writing, we will refund your credit balance within 7 business days from our receipt of your written request
10. Account Default. You will be In default of your Agreement with us M
(1) you do not. make any payment when it is due;
(2) any payment you make is rejected, not paid or cannot be processed;
(3) you exceed a credit limit;
(4) a bankruptcy or other insolvency proceeding is filed by or against you;
(5) you die or are legally declared incompetent or incapacitated;
(6) we determine that you made a false, incomplete or misleading statement on any of your Account documentation, or you otherwise tried to
defraud us; or
(7) you do not comply with any tern of this Agreement or any other agreement with us.
For certain actions, including changing the rates and fees on your Account, our options appear in our original offer materials when you opened your
Account In addition, if you are in default, we may take the following actions without nottying you, unless the law says that we must notify you:
(1) close or suspend your Account;
(2) kmw your credit limits;
(3) increase your minimum payment
(4) demand that you Immediately pay the entire balances owing on your Account;
(5) continue to charge you Finance Charges as long as your balances remain outstanding; and/or
(6) pursue any other action against you that the law allows, which includes the ling of a lawsuit against you or our requiring arbitration as
described in the Arbitration Provision Section.
You must pay us all of our actual collection expenses, attorneys' fees and court costs unless the law does not allow us to collect these amounts. In
any action against you, we may choose the Virginia statute of limitations period or the period provided by the law of the state where you live.
11. Communications. We may contact you from time to time regarding your Account. We may contact you in any manner we choose unless
the law says that we cannot For example, we may:
(1) contact you by mail, telephone, email, fax, recorded massage, text message or personal visit;
(2) contact you at your home and at your place of employment;
(3) conted you on your mobile telephone;
(4) contact you at any time, including weekends and holidays;
(5) contact you with any frequency;
(6) leave messages on your answering machine/service and with others; and
(7) identify ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it
Our contacts with you about you Account are not unsolicited and might result from Information we obtain from you or others. We may monitor or
record any conversation with you, modify or suppress caller ID services and use automated dialing and announcing devices (autodialers). We may
do these things whether are call you or you call us.
If you ask us to discuss your Account with someone else, you must provide us with documents that we ask for and that are acceptable to us.
11. Credit Reports. We may provide information about you and the Account to consumer (credit) reporting agencies and others as provided in
our Privacy Notices. Information we provide might appear on your and the Authadze Users' credit reports. This could Include negative Information if
you do not comply with the terms of this Agreement. We may obtain and use Information about you from consumer (credit) reporting agencies and
others as the law allows.
11-12. Closing or Suspending Your Account. You may ask us to close you Account by calling or writing us as described on your
Statement. Your STatormen will provide additional information about this process, and we may also separately provide you with additional details
after your request. This might include payment information. If you use your Card or charges post to your Account after you ask us to dose it, we may
keep It open or reopen it
We may dose or suspend your Account and your right to obtain credit We may do this at any time and for any reason, even if you are not in default
A suspension of your Account might be permanent or temporary.
If your Account is dosed or suspended for any reason, you must stop using your Card. You must also cancel all billing arrangements to the Account.
We we not do this for you. If we dose or permanently suspend your Account, you must also destroy all Cards. You must still pay us all amounts you
owe on the Account, even if they are charged after your Account is dosed or suspended.
12. Lost or Stolen Card. You will take reasonable steps to prevent the unauthorized use of your Card and Account. If your Carol is lost or
stolen or if someone else might be using it without your permission, you must tell us at once. You may tell us by calling the telephone number on the
back of your Card or on your Statement or by writing us at the address on your Statement. You will not be responsible for charges made to your
Account that are found by us to be unauthorized. If we reimburse your Account for unauthorized charges made using your Card, you will help us
investigate, pursue and get reimbursement from the wrongdoer. Your help includes giving us documents that we ask for and that are acceptable to
us.
12. Changes to Your Agreement. At arty time, we may add, delete or change any term of this Agreement unless we told you that we
would not We will give you notice of any changes unless we previously told you that we may make certain changes without notice. If we do notify
you of changes, we will send you a separate notice or Inform you on your Statement. Our notice will tell you when and how the changes will take
effect and describe any rights you have in connection with the changes. Unless we tell you otherwise, all changes will apply to both unpaid balances
on your Account and new transactions.
12. Governing Law. This Agreement and your Account will be governed by federal law that applies to them and, if federal law does not apply,
than by Virginia law. This will be true regardless of where you live or where you use the Card. We are located In Virginia. We make the decisions to
open and hold your Account, Issue your Card and extend credit to you from our offices in Virginia. If any part of this Agreement is found to be not
enforceable, this Agreement will be read as if the unenforceable part were not there.
12-13. Waiver. We will not lose any of our rights if we delay taking any action for any reason or if we do not notify you. For example, we may
waive or reduce your Finance Charges or fees without notifying you anal without losing our right to charge them in the future. We may always
enforce our rights later and may take other actions not listed in this Agreement if the law allows them. You do not have to receive notice from us of
any waiver, delay, demand or dishonor. We may proceed against you before proceeding against someone else.
13. Assignment. This Agreement will be binding on, and benefit, any of your and our successors and assigns.
You may not transfer your Account or your Agreement to someone else without our written permission.
We may transfer your Account and this Agreement to another company or person without your permission and without prior notice to you. They will
take our place under this Agreement. You must pay them and perform an of your obligations to then and not us. If you pay us after you are informed
or loam that we have transferred your Account or this Agreement, we can handle your payment in any way we think is reasonable. This includes
returning the payment to you or forwarding the payment to the other company or person.
18-19. Glossary.
• "Access ChwX means any check we send to you to access your Account. We may also refer to an Access Check as a 'convenience check'
or a 'purchase check."
• "Account' means your Card account with us.
• AuBraired t/asr' means one or more persons who may use the Card but is not responsible for the repayment of the Account.
• "Bdancor TranslW means a Transfer posted to the purchase Segment of your Account unless otherwise described in your Truth in Lending
Disclosures.
• 'BAirue means a period of time that might vary in length but is approximately 30 days. The specific period of time is described on each
Stat6nd. HoHowever, you will have a Billing Cycle even if a Statement is not required. We will often specify a a" Cycle by the month in
which its dosing data occurs as provided on the Statement For example, a "March Bing (yde" will have a dosing date In i?roh. We may
also refer to a Baling Cycle as a "Billing Period."
• 'Card' means any Capital One credit card associated with your Account, which includes all renewals and substitutions. It also means any other
access device for your Aecountwe give you that allows you to obtain credit, including any Account number and any Access Check.
• "Card Association" means Visa Inc., MasterCard International Incorporated, or any other network provider displayed on the Card.
• `Cash Advance" means using the Card to obtain loans in cash or things we consider knish equivalents. Cash equivalents include wire
transfers, travelers' checks, money orders, foreign currency, lottery tickets, gaming chips and wagers. Cash Advances are posted to the cash
advance Segment of your Account and not to your purchase Segment.
• "Fhramm Charyes" means certain charges that are your cost of credit expressed as a dollar amount These charges include the interest you
pay on your balances and certain types of fees. Please refer to your Truth in Lending Disclosures for more information.
• 'fawn' means a check, draft, money order or other negotiable instrument you use to pay your Account This includes any image of these
instruments. This does not include an Access Check
• "Segmarts" means the different parts of your Account we may establish that are subject to unique pricing, grace periods or other terms. We
create these parts of your Account for such things as your purchases, Balance Transfers, Cash Advances and Special Transfers.
• "Special Transfer" means a Transfer posted to the Special Transfer Segment of your Account and not to your purchase Segment.
• 'Statemenf means a document or Information we provide to you showing Account Information Including, among other things, transactions
made to your Account during a BAGng Cycle. We might also refer to your Statement as a "Periodic Statement or a "Billing Statement'
• 'Transfers" means balances transferred from other accounts to this Account and Includes Balance Transfers and Special Transfers.
• 'Truth In LendAW Dlsefos~ means any Account information we provide to you that is required by the federal Truth in Lending Act and
Regulation Z. This Includes your solicitation disclosures, account opening disclosures, Statements and change in terms notices.
13-18. Arbitration Provision.
You and we agree that either you or we may, at either partys sale election, require that any Claim (as defined below) be resolved by binding
arbitration.
IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT
OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE
PROCEEDING. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU
WOULD HAVE IF YOU WENT TO COURT, INCLUDING THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL. MAY BE LIMITED OR
UNAVAILABLE IN ARBITRATION. THE FEES ASSOCIATED WITH ARBITRATION MAY BE HIGHER THAN THE FEES ASSOCIATED WITH
COURT PROCEEDINGS.
13-14. SpaI Dell MD for Phis Arbitration Provision. For the purposes of this arbitration provision ("Arbitration Provision"), the following definition
snau apply in aeomon oo RM aennrtions set in m this Agreement
"Claim" means any claim, controversy or dispute of any kind or nature between you and us.
A. This definition includes, without lknltation, any Claim that in any way arises from or relates to
• the Agreement and any of its terms (including any prior agreements between you and us or between you and any other entity from which we
acquired your Account)
• this Arbitration Provision (Including whether any Claim is subject to arbitration)
• the establishment, operation or termination of your Account
• any disclosures, advertisements, promotions or other communications relating to your Account, whether they occurred before or after your Account
was opened
• any transactions or attempted transactions involving your Account
• any billing or collections matters relating to your Account
• any pasting of transactions (including payments or credits) to your Account
• any goods or services charged to your Account
• any fees, Interest or other charges assessed to your Account, or their calculation
• any products, services or benefits programs related to or offered In connection with your Account (including any insurance, debt cancellation or
extended service contacts and any programs, rebates, rewards, sweepstakes, memberships, discounts or coupons) whether or not we offered,
Introduced, sold or provided them
• our receipt, use or disclosure of any information about you or your Account
• any other matters relating to your Account or your relationship with us.
B. This definlfion also includes, wfflmd llmitallon, any Calm:
• regardless of how or when it Is brought (for example, as an initial claim, counterclaim, cross-claim, interpleading or third-party claim)
• based on any theory of relief or damages (Including money damages and any form of specific performance or injunctive, declaratory or
• based on any theory of law or equity (including contract, tort, fraud, constitution, statute, regulation, ordinance or wrongful acts or omissions of any
type, whether negligent, reckless or intentional)
• made by you or by anyone connected with you or claiming through or for you (Including a oo-appkent or Authorized User of your Account, your
agent, your representative, your heirs or a trustee in bankruptcy)
• for which we may be directly or indirectly liable under any theory, including respondent superior or agency (even if we are not properly named at
the time the Claim is made)
- now in existence or that may anise in the future, regardless of when the facts and circumstances that give rise to the Claim occurred or when the
Claim accrued
• made as part of a class action, private attomay general action, or other representative or collective action which Claim shall proceed on an
individual basis as set forth more fully in this Arbitration Provision.
n Administrators . One of the following arbitration administrators ("Administrator' or, collectively, 'Administrators") will administer the
a rtra n:
JAMS
1920 Main St, Ste. 300
Irvine. CA 92614
www.bmeadr oc
American Arbitration Assn
335 Madison Ave., Floor 10
New York, NY 10017-4605
National Arbitration Forum
P.O. Box 50191
Minneapolis, MN 55405
www.arvitrown-mmm.com
You may contact any of the Administrators to obtain Information about arbitration, arbitration rules and procedures, fee schedules and claim forms.
1§:10, You or we may elect arbitration under this Arbitration Provision with respect to any Claim, even if the
aim is part a brought lewsuit In cott.You or we may make a motion or request in court to compel arbitration of any Claim brought as part of any
lawsuit. We will not elect or Initiate arbitration of any Claim brought In a small claims court (or the equivalent), so tong as the Clain remains in that
court, is made solely on behalf of an indlvkluai or joint sooount holder and is not made as part of a class action, private attomey general action or
other representative or collective action. You and we must follow the rules of the Adminin a rim to initiate arbitration. If you initiate arbitration, you
M choose one of the Administrators, and you must mail us any notice required by the Admirdstrator to P.O. Box 85550, Riclnmond, VA 23285-
. If we ini lets arbitration, we will choose one of the AdminMrators, and we will mail you any notice required by the Administrator to your last-
known bang address. If we have initiated arbitration, we will change the Administrator at your request If you notify us In writing at the above initiation
of arbitration.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and
9o era enroroesore under the Federal Arbiiatfon Act (the'FAA'?. Questions about whether arty Claim is subject to afiriretlon shall
tie resolved by Interpreting tole Arbitration Provision in the txoadeat way fl may be enforced, conaleterrt with the FAA and the farms of this Arbitration
Provision. The arbitrator will appy atrbataniNe taw consistent with the FAA and applicable statutes of llmitstlans, but the vaildity and enforcement of
any clamors action vreiver is a queafbn for a court of competent jurbdk3ion, not an arbitrator, to declde. The arbitrator may award any damages or
Consolidatlor?ro Jotnd? of t??artlea,ebelow , but,the award shall determine theme ' tD review the enforceability ar severabiliiy of the paragraph 'No
nghts and ob8gattona of only the named parties and only with respect
to the Claims in arbitration. The rubs and procedures of the Administrate, which you may oMairt from the Administrator. ahati govern the arbitration
unless they conflict with this Arbitration Provision, in which c?a this Arbitration Provision writ apply. The arbitrator w1fl not be bound by, and this
Arbitration Provision shall not be subject to, the federal, state or local rules of procedure and evidsnoe that would apply In any court, or to state or
local laws that relate to arbitration proceedings You or we may have a heerfig in arbitration. Any arbitration hearing that you attend in person will
take place at a location in the federal judicbl district that includes your last-known billing address or at some other place upon which you and we
agree. You or we may be represented by counsel. If you or we request, the arbitrator will honor claims of privilege recognized under applicable law
and will use best efforts to protect confidential information (including through the use of protective orders). The arbitrator will make any award in
writing and, at the tansy request of either party, will provide a written statement of reasons for the award.
17, The ply initialing arbitration will pay the initial filing fee. You may seek a waiver of the Initial fling fee or any of the Adrninbtratoes other
core (coffiectiv -AdmkYsprator's Fees") under any applicable rules of the Administrator. If you seek, but do not qualify for, a waiver, we will
consider any written request by you for us to pay or reimburse you for all or part of the Administrator's Fees. We also will pay or reimburse you for all
or part of the Administrator's Fees if the arbitrator determines two is good reason for us to do so. We will pay any fees and costs we are required to
pay by law. Otherwise, arid except as provided In this Agreement, you and we will beer all of our respective fees and costs (including the
Administrator's Fees and the fees and costs relating to attorneys, experts and witnesses), regardless of who prevails. Allocation of fees and costs
relating to appeals in arbitration will be handled in the same manner.
Parties. 1A Ido or Joinder of The arbitration of any Claim must proceed on an individual basis, even if the Clain has been asserted In ConliM
a nowt does adas a [on. private attorney general action or other representative or collective action. Unless all parties consent, neither you nor we
may join, coneolidats or otherwise bring Claims related to two or more accouKs, Individuals or accountholders in the same arbitration. Also, unless
all parties consent, neither you nor we may pursue a class action, private attorney general action or other representative or collective action in
arbitration. nor may you or we pursue such actions in Court if any party has elected arbitration. You will not have the runt to act as a class
representative or participate as a member of a dares of claimants with respect to any Claim as to which arbitration has been elected.
18. J ent E en], Flne( and Aaosai. The arbitrator's decision will be final and binding after fifteen days unless you or we seek an
appear or the award by making a written request to the Administrator. The appeal panel, which will oossW of three arbitrators, will consider all factual
and legal issues anew, will conduct the appeal in the same manner as the initial arbitration and will make decslons based on the vote of the
ma ty. The panel's decision will be final and binding Any final decision of the arbitrator or of the appeal panel is subject to judicial review only as
set forth under the FAA. An a w a r d I n a rbitration will be errforoeable under the FAA by any court having jurisdiction.
If you or we do not elect arbitration or otherwise enforce this Arbitration Provision in connection
w1tn any particular Claim. you or we will not waive any rights to require arbitration in connection with that or any other Claim. This Arbitration
Provision shell survive: 0) suspension, termination, revocation, closure or changes of this Agreement, your Account and your relationship with us; (11)
the bankruptcy or insolvency of any party; and (lit) any transfer of your Account, or any amounts owed on your Account, to any other person or
entity. If any portion of this Arbitration Provision is deemed Invalid or unenforceable, the remaining portions of this Arbitration Provision shall
nevertheless remain valid and In force. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this
Agreement or any prior agreement, tole Arbitration Provision shelf govern. A photocopy or other image of this Agreement and related documents
may be used in place of the originals for all purposes including litigation.
C 2008 Capital One
Capital One is a federally registered service mark.
All rights reserved
M-43465 COF Customer Agreement 005
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson VII-EIDO.?HpNajpjc?
Sheriff ??E Q? rt
??tiir??a at tu,r,br?f??tO V
Jody S Smith
I?h
Chief Deputy
Richard W Stewart
AN
CUMBE ?5Y D p?1 A
Solicitor
P
Midland Funding LLC
vs.
Kathleen Gussler
Case Number
2011-335
SHERIFF'S RETURN OF SERVICE
01/19/2011 08:25 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Januan/
19, 2011 at 2025 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Kathleen Gussler, by making known unto herself personally, at 79 Clay Road, Carlisle,
Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the
said true and correct copy of the same.
&TSHALL,:DEPLUTY
SHERIFF COST: $38.80
January 20, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
;', r„ ;;oun'Vjuite shefltt. Teleos"t H?:;.
MIDLAND FUNDING LLC
ASSIGNEE OF CAPITAL ONE BANK,
Plaintiff
V.
KATHLEEN GUSSLER,
Defendant
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No: 11-335-- CIVIL TERM
Civil Action - Law
NOTICE TO PLEAD
CJ
C
:
To: Midland Funding LLC M rn rrn
c/o David R. Galloway, Esquire =';D CO
Fulton, Friedman, & Gullace, LLP ,
130B Gettysburg Pike x?• o-n
Mechanicsburg, PA 17055 v (n
x c =X
- =i5
(=)
v ,
? cam
r
You are hereby notified to plead to the enclosed Prelimin ary Objections within twenty
(20) days from the date of service hereof or a default judgment may be entered against you.
Respectfully Submi ,
Date: 24-10-0
Michael J. P sh, Esquire
I.D. # 58851
2132 Market Street
Camp Hill, Pennsylvania 17011
Attorney for Defendant, Kathleen Gussler
Michael J. Pykosh, Esquire
ID # 58851
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone - (717) 975-9446
Fax - (717) 975-2309
mpykoshAdplglaw.com Attorney for Defendant
MIDLAND FUNDING LLC : COURT OF COMMON PLEAS
ASSIGNEE OF CAPITAL ONE BANK, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
No: 11-335- CIVIL TERM
KATHLEEN GUSSLER, Civil Action - Law
Defendant
DEFENDANT'S PRELIMINARY OBJECTIONS TO
PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant, Kathleen Gussler, by and through her attorneys
Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files her Preliminary
Objections to the Plaintiff's Complaint, and avers as follows:
Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff
arising out of a "written credit agreement' 'entered into between Defendant and the original
creditor Capital One Bank, N.A.. Comp. T 1 and 3.
2. The Complaint was filed on January 14, 2011.
First Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court
(failure to state whether agreements is oral or written, state its terms, and/or attach
written contract upon which the claim is based)
3. The Complaint avers the existence of a written contract between the parties.
4. Pursuant to Pa. R.C.P. 1019(h), where a claim asserted is based upon an agreement, the
pleading must state whether the agreement is oral or written.
5. The Complaint does indicate that the contract is written.
6. Pursuant to Pa. R.C.P. 1019(i), if the agreement is written, it must be attached to the
pleading or, if not, the pleader must explain its absence and set forth the substance of the
agreement. Plaintiff has attached as Exhibit A what plaintiff explains in Paragraph 8 of its
Complaint to be, "Attached hereto, upon information and belief, is a copy of the credit
agreement provided to Plaintiff as either the actual agreement applicable to Defendant, or
an exemplar of such agreement applicable to accounts issued by CAPITAL ONE BANK".
Plaintiff has failed to identify the Exhibit A as the original Loan/Credit Agreement signed
and dated, including both original and amended terms and conditions applicable to the
credit card agreement. Asset Acceptance, LLC v Margaret Madden Order dated March 18,
2009, No. 2912 of 2008 GD (Fayette County 2009) citing Atlantic Credit & Finance, Inc. v
Guiliana, 829 A.2d 340 (Pa. Super. 2003). Plaintiff has also failed to attach "other periodic
mailings detailing changes to the terms of the contract Remit Corporation v Miller, 5 Pa.
D&C 5th 43, 45 (Centre Cty., 2008)
7. The Plaintiff has failed to describe the terms of the agreement, nor has it attached a copy
of a written agreement or explained its absence.
Second Preliminary Objection- Pa. R.C.P. No. 1028(a)(4)- Demurrer
The Plaintiff has failed to allege facts sufficient to maintain a cause of action for Breach
of Contract.
Third Preliminary Objection- Pa. R.C.P. No. 1028(a)(3)
9. The Complaint contains only a general assertion of the amount the Plaintiff claims is
owed by the Defendant. It provided no detail as to the date(s) on which the debts were
incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of
accrual and amounts of interest charges and other fees.
10. Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included
in a Complaint of this type.
11. By not including the requisite detail of the account, the Complaint fails to conform to an
express rule of Court.
Fourth Preliminary Objection- Pa. R.C.P.1028(a)(5) Plaintiff is stranger to Defendant
12. Pa. R.C.P. 2002(a) requires that an action be brought by the real parry in interest.
13. By failing to attach a copy of the necessary writing by which the Plaintiff would become
the assignee of the account and thus the real party in interest or an agency agreement, the
Plaintiff has failed to conform with the requirements of the aforesaid rule.
14. Plaintiff has not shown standing or capacity to sue Defendant.
15. Since this matter was not brought by the real party in interest it must be dismissed.
Fifth Preliminary Objection- Pa.R.C.P. No. 1028(a)(2)-Failure to conform to rule of court
(failure to attach written assignments of debt)
16. The Plaintiff is not the original creditor, but rather assignee of the original creditor.
Comp. ¶ 1. Since the Plaintiffs right to maintain an action as an assignee is predicted upon
written assignment or agency agreement, that writing must be attached to the Complaint,
pursuant to Pa. R.C.P. 1019(i).
17. By failing to attach a copy of the assignment of the debt to the Plaintiff, the Complaint
does not comply with an express rule of court, in violation of Pa. R.C.P. 1028(a)(2). See Remit
Corporation v Miller 5 Pa. D&C 5th 43 and Capital One Bank v. Clevenstine, 7 Pa. D&C 5th
153
Second Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court
(Improper Verification)
Second Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court
(Improper Verification)
18. Pa. R.C.P. 1024 required that every Complaint be verified by a Party, unless the party is
without sufficient knowledge or information with which to verify, or, alternatively, that the
party is outside the jurisdiction of the court and its verification cannot be obtained within the
time allowed for pleading. Pa. R.C.P. 1024(c)(1) and (2).
19. The Complaint is verified by an individual identified as a legal specialist for Midland
Credit Management, Inc. This company is not referred to in the complaint nor is it a party to
the action.
20. The Verification does not state that the party was unable to sign it "within the time
allowed for pleading," nor the reason why the Verification is not made by a party, as required
by Pa. R.C.P. 1024(c).
WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be
sustained, and that Plaintiff's Complaint be dismissed with prejudice.
Date: ?21 Wo
!V/Sub fitted,
Michael J. ykosh, Esquire
I.D. # 58851
2132 Market Street
Camp Hill, Pennsylvania 17011
(717)975-9446
MIDLAND FUNDING LLC
ASSIGNEE OF CAPITAL ONE BANK,
Plaintiff
V.
KATHLEEN GUSSLER,
Defendant
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No: 11-335- CIVIL TERM
Civil Action - Law
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Defendant, Kathleen Gussler's,
Preliminary Objections to Plaintiffs Complaint, was hereby served by depositing the same
within the custody of the United States Postal Service, First Class, postage prepaid, addressed as
follows:
Midland Funding LLC
c/o David R. Galloway, Esquire
Fulton, Friedman, & Gullace, LLP
130B Gettysburg Pike
Mechanicsburg, PA 17055
Date:
Respectfully mitted,
/)h
Michael J. Pykosh, Esquire
I.D. # 58851
2132 Market Street
Camp Hill, Pennsylvania 17011
Attorney for Defendant
VERIFICATION
I, Kathleen Gussler, hereby verify that the statements of fact made in the foregoing
documents are true and correct to the best of my personal knowledge, information and belief. I
understand that any false statements therein are subject to the criminal penalties contained in 18
Pa C. S. Section 4904, relating to unworn falsification to authorities.
Date: a \ \p? \
Kathleen Gussler