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Home My WebLink About11-8946IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding, LLC, Plaintiff V. Michael Black, Defendant 11-8946 Jury Trial Demanded DEFENDANT'S PRELIMINARY OBJECTIONS FAILURE TO COMPLY WITH RULE 1019 Cn ev C 4 xm 330 cn - r x CO =p >z -G w 1. Plaintiff has failed to comply with Pennsylvania Rule of Civil Procedure 1019, and has not attached a copy of the writing for the alleged debt. 2. Plaintiff has not attached a copy of the alleged card holder agreement referred to in the Complaint Wherefore, Defendant prays for an ORDER directing Plaintiff to amend its complaint within 20 days in lieu of these preliminary objections. Otherwise the complaint should be stricken with prejudice. Vicki Piontek, Esquire Date Attorney For Defendant Bar ID No. 83559 951 Allentown Road Lansdale, PA 19446 877-737-8617 nalaw0 justice.com Fax: 866-408-6735 CD ao ? z wry 1 D ?v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding, LLC, Plaintiff 11-8946 V. Michael Black, Jury Trial Demanded Defendant CERTIFICATE OF SERVICE Vicki Piontek affirms that she is the attorney for the above captioned Defendant. On the 13th day of January, 2012, she sent a copy of the attached preliminary objections by First Class, U.S. Mail, postage pre-paid to the Plaintiff at the following address: Burton Neil & Associates, P.C. Trenton Farmer, Esquire 1060 Andrew Drive, Suite 170 West Chester, PA 19380 LJ,,,5-1-? 1-13-Q, C,iZ Vicki Piontek Date Attorney For Defendant Bar ID No 83559 951 Allemown Road Lansdale, PA 19446 877-737-8617 palaw@justice.com Fax: 866-408-6735 (HE A-E-)t?-TOFFIC?'1E n 2Fu 12 FE_ B -2 AM S: 36 CU,111DERLAND COUNTY PENNSYLVANIA Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff MIDLAND FUNDING LLC 8875 Aero Drive Suite 200 San Diego CA 92123 Plaintiff V. MICHAEL BLACK 140 Kline Road Shippensburg PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-8946 : CIVIL ACTION - LAW Amended Complaint - 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 (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claim 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 in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other 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 LEGAL 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 REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 150480 /314 BURTON NEIL & ASSOCIATES, P.C. By: Trenton A. Farmer, Esquire; ID No: 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff MIDLAND FUNDING, LLC : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA V. MICHAEL BLACK : NO. 1259-2011 Defendant CIVIL ACTION - LAW Amended Complaint 1. The plaintiff is Midland Funding, LLC with place of business located at 8875 Aero Drive Suite 200 San Diego, CA. 2. The defendant is Michael Black, who resides at 140 Kline Road, Shippensburg, Cumberland County, Pennsylvania. 3. A HSBC BANK NEVADA, N.A. credit card was issued to defendant with account number ending in 6856 hereinafter referred to as the credit card account. 4. Defendant accepted the credit card by making purchases, balance transfers and/or cash advances on the credit card account. 5. Monthly statements were provided to defendant which detailed the charges and credits made to the credit card account including the billing statement attached hereto as Exhibit A. 6. Defendant, upon receipt of the monthly billing statements, made payments on the account and eventually retained the statement without payment. 7. As Exhibit A reflects, the balance due on the credit card account is $3,177.46. 8. Defendant did not pay the balance due on the credit card account in full upon receipt of the monthly billing statements and also did not make the required minimum monthly payment set forth in the monthly billing statement. As such, defendant is in default on the credit card account. 9. Plaintiff purchased the defendant's account and is now the holder and owner of the account. A true and correct copy of a Affidavit of sale are attached, hereto marked Exhibit B, and incorporated herein by reference. 10. Although demand has been made by plaintiff upon defendant to pay the sum of $3,177.46, the defendant failed and refused to pay all or any part thereof. Wherefore, plaintiff demands judgment against the defendant in the sum of $3,177.46 and the costs of this action. BURTON NEIL & ASSOCIATES, P.C. By: Trenton . Farmer, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P. C. is a debt collector. Account Number New Balance Minimum Payment Due Payment Due Date Amount Enclosed 6856 $3,177.46 $808.00* 11109!2009 $????? EJE1 *To avoid additional late and/or ovedimit fees, you must pay $987.46 (which includes the Minimum Payment Due and any Past Due and/or Ovedimit Amounts). E] Do we have your current mailing and email address? Please check and provide on the reverse side. MICHAEL W BLACK 914 140 KLINERD SHIPPENSBURGPA 17257-9007 II"lIII'rllll'Ifl'11111'I'IIIII1111'1'IIIII'll"IPIIII'Ilfll"1 Make check payable to: HSBC Card Services Send Payment To: PAYMENT CENTER PO BOX 17313 BALTIMORE MD 21297-1313 illflr'III""111"rhlln111'1"Ii'lllill'lhl"'(IP'lhil"' Detach and insert this top portion in the enclosed envelope. Be sure the Payment Center address shows in the envelope window. 5994 T7G 1 7 10 091015 0 E X PAGE 1 of 3 1 0 ):800 1500 T096 01BN5994 ZL I 0? Pay your bill anytime at AccountCentralOnline.com YOUR HSBC ACCOUNT SUMMARY Statement Date ........................ .... n,'-, tr, 2009 Account Number ................... 6856 Total Credit Limit ...................... ...................$2,300.00 Total Available Credit ............ ..........................$0.00 Cash Advance Credit Limit ..... .............. $575.00 Cash Advance Available Credit .........................$0.00 Minimum Payment Due .......... ......................$808.00 ` Payment Due Date ................... ....November 9, 2009 Past Due Amount .................... ......................$698.00 Overtimit Amount .............. ..... .................... ..$877.46 *To avoid additional late and/or overlimit fees, you must pay $987.46 (which includes the Minimum Payment Due and any Past Due and/or Overlimit Amounts). YOUR BALANCE DETAILS Previous Balance ...................... .................. $3,100.14 Purchases .............. ....... .._...._.. ................... ....+ $0.00 Cash Advances ........................ .......................+ $0.00 Payments & Other Credits ...... ....................... - $0.00 Fees/Other ................................. .......................+$0.00 Finance Charges ....................... .....................+ $77.32: New Balance ............................. .................. $3,17746 Notice: See reverse side for important information IMPORTANT ACCOUNT INFORMATION YOUR ACCOUNT IS SERIOUSLY PAST DUE. IT IS IMPERATIVE THAT YOU PAY THE AMOUNT DUE TO AVOID FURTHER DAMAGE TO YOUR CREDIT. YOU MAY CONTACT AN ACCOUNT SPECIALIST AT 1-800-435-1415 TO CUSTOMIZE A REPAYMENT PLAN. YOUR ACCOUNT IS CURRENTLY CLOSED. 00. YOUR TRANSACTIONS PURCHASES, CASH ADVANCES, & FEES Trans. Post Reference # Description (-) Credits (+) Charges Date Date 10!15 10115 *FINANCE CHARGE* PURCHASES $69.96 CASH ADVANCE $7.36 $77.32 'ZXHIBIT A Change your address online instantly at AccountCentralOnline.com YOUR CONTACT INFORMATION Please note o Address changes may take up to two (2) weeks to process. Please print clearly. Address tf Street Name Apt # and Other Address Info II ? II I E] City Slate Zip Code 1 m J-? Your Home Phone Number (area code) Your Business Phone Number (aura code) Print Email Address' I I Emaii ad&ess is optional. We will communicate with you via emit regarding your account and occasionally send you special otfors from our internal and eztemaf marketing partners. N you previously opted out Iran; receiving emaffs, prov/atfng your email address will cancel that efecdon. 'About Your Payment: • You agree to pay at least the Minimum Payment in, time to be credited to your Account as of the Payment Due Date. If your Account is delinquent, you can avoid an additional Late Payment Fee by paying at least the Minimum Payment Due, which includes any past due amount, in time to be posted as of the Payment Due Date. You may pay more than the Yfinitntmt Payment Durand you may pay the entire New Balance at any time. • Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement. Payments must be mace by a single check or money order payable in U. S. dollars and drawn on a U. S. Institution. • Payments received at the payment address try 5:00 pin Eastern time, on any day, w-i 11 be. credited to your Ace(wnt as of the date of receipt; otherwise payment w ill be credited as of the next day. • Crediting payments to your Account may be delayed up to five days if the payment is not tTuvk as described :tune; is not received -.it the address pro, idcd for remittance; is not. accompanied by the payment coupon. is received in an envelope other than the envelope pro ided for remittance; is stapled folded or paper clipped; or includlcs multiple payment coupons or cheelm. • If your New Balance is a credit balance, it will be applied to future purchases or cash advances, or refunded to you at your writterh request. Requests should be mailed to the inquiry address shown on the front of your billitu{ statement. By sending its a check for payment on your Account, yon authorize its to rake a one time electronic finds transfer (EFT) from your bank account or to process (lie payment as a cheek transaction. When we use information from your check to make an EFT funds may be withdrawn from your :recount as soon is the same clay we receive your payment, and you will not receive your check back from your Financial institution. If you do not want van checks to be cotwerted to an EFT please call cuslortter servio.v at the phone number on the back of your card P21 menu By Phone: When you use om optional p aymenl by phone service, yew authorize us to initiate an electronic funds h:arufer fmm your designated bank account or to process the payment as a check transaction. You must authorize the amount and timing of each payment. Please retain this authoriz Lion for your records. Card Renewal: An Annual Fee ray app ly to your Account If your Annual Fee is bi 11ed, avmtrally, you can avoid paying the fez if you call and close your Account within 30 days of being billed You may continue to use your Card doing the. 30 day period without paying the fee. If your fee is billed monthly, when you calf and close your Account date to the Annual Fee chance. that moth's fee will be credited back to vour Account _.. - how We Calculate Finance Charges: We calculate the periodic Finance Charge on your Account by multiph•ing the applicable Daily Periodic Rate by the Average Daily Balance for each category of transactions shown on vote billing statement (e.g., purchases, balance transfers, cash advances); the results are then multiplied by the number of days in the billing cycle - Determiningthe Daily Balance: We. take the beginning balance for each category of transactions each day, add any new transactions, any previous day's periodic Finance Charges, any assessed feeg and charges, and subtract any payments andror credits. I f a transaction posts after the beginning of the billing cycle, the applicable Daily Balance and any related Finance Charge calculations will be adjusted retroactively to me [title the transaction amount as of the day it was posted- Calculating the Average Daffy Balance: For cash transaction category, we add all the Daily Balances for the bitting cycle together and divide the total by the number of days in the billing cycle. If the balance for any day is less than zero, we treat it as zero. This is the Averagc D;Aily Balance (including new purchases) method Grace Periods: For credit card purchases, periodic Finance Charges begin to a crue on the dais of the tmnsac6on and continue to accrue until payment in full is credited to your Account. However, you have a berate Period of at least 20 days from the statement date if no periodic. Finance Charge was billed to the Account in the current billing period; otherwise the Payment Due Date will be 25 days from the statement date. That means, if you paid the Nev Balance shown on your last billing statement by the Payment Due Dale for that billing statement, you have until the Payment Due Date for your current billing cycle to pay your New Balance in full to avoid the imposition of periodic Finance Charges on new credit. card purchases Periodic Finance Charges that accrue after the statement date will appear on the next billing statement. These is no Grace Period feu cash advances and balatue hursfers., including credit card checks. That means, periodic Finance Charges begin to accrue on the date of the transaction and continue to ace rue until payment in full is credited to yore Account. Daily Periodic RaulAunual Percentage Rate: The Annual Percnentage Rates on your billing statement reflect the anntulizcd equivalent of tie. Daily Periodic Rates actually applied during a particular billing cycle. The Annual Percentage [tales may differ from the Nominal Annual Percentage Rates becattse of die iricfusion of any Finance Charge. other than a periodic Finance Charge. Your Annual Percentage Rates and Daily Periodic Rates may vary. Minimum Ffnunce Charge. A Minimum FlINANCE CHARGE of S 1.00 will be charged in each billing cycle in which periodic Finance Charges arc payable. Billing Rights Summary: In case of errors or questions about your billing statement: If you think your billing. statement is wrung, nr if you need more information about a transaction on your billing statement, write us as soon as possible, on a separate street of paper, at Ctrdmember Service Center, P.O. Box 5251, Carol Stream, Q. 60197-9642, We muse bear fiom you no later than 60 days after we sent you the fast billing statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In _rom letter, p lease include the following information: • Your name and accotmt number • The atoll w amount of the .-taspecied enor • A description of the error. Explain, if you caw, why you believe there is an error and any steps you have taken to resolve the error. You do not lovo to pray any amount in question while we are investigating, but you arc obligated to pay the pans of your bill that we not in question. While we investigate yon- question, we cannot report you as delinquent or take any action to collect the amount your question Special Rule for Credit Card Purchases: If you have a problem with the quality of goods or services that you purclnased with a credit card grit you have tried in good faith to correct the problem with the merchant, you may not have to pay the remain* amount due on the goods or services. This protection applies only utim the purchase price was more than S50 and the purchase has made in your home state or within 100 miles of your mailing address. If we own or operate the merchant or if we mailed you the advertisement for the property or services, all purchases are mn cml regardless of atttomtt or hncatiou of purchase. Debt Collation: We are required by law, when applicable, to notify you that we are attempting to collect a debt' and any information obtained will be used for that purpose. Negative Credit Bureau Reporting: NW may report information abort your Account to credit bureaus. Late payments, muted payments, or other defaults on your Account may be reflected in your credit report. 0 16'45994. 1 1- 0211:2009 YOUR FINANCE CHARGES Average Daily Daily Days in FINANCE ANNUAL NOMINAL ANNUAL Balance Periodic Rate Billing Cycle CHARGES PERCENTAGERATE PERCENTAGERATE Purchases $2,838.85 0.08215%(v) 30 $69.96 29.99% 29.99%(v) Cash Advances $298.50 0.082159/6(v) 30 $7.36 29.99% 29.99%(v) J PERIODICRATE(S) MAY VARY. (v) indicates variable rate. HOW TO REACH US Cardmember Service Center: .... .............................. ....................... .... ............................................... ..................................... 800-379-7999 Pay by Phone : .................... ..................................... .......................................... ............... ........... ...................................... ..877-2 PAY-CARD Pay by Phone outside the U.S. (Call Collect): .... Hearing Impaired-TDD: ....................... Mail Payments to : .............................. Mail Inquiries to: ........................ Online Account Management: ........... ......... ..................... 904-997-4997 ...................... 677-902-0967 ............................. Payment Center, PO Box 17313, Baltimore, MD 21297-1313 .................. Cardmember Services, PO Box 5250, Carol Stream, IL 60197-5250 ................................................................................ AccountCentralOn I ine. com AFFIDAVIT OF BULK SALE OF ACCOUNTS STATE OF DELAWARE § COUNTY OF NEW CASTLE § On 7 d G1("" , Michael Poczynek stated: I. My name is Michael Poczynek. I am Assistant Vice President and Assistant Secretary, Administrative Services Division of HSBC Bank Nevada, N.A. (HORN) and Vice President and Assistant Secretary, Administrative Services Division of HSBC Card Services (III) Inc. (HCS), HSBC Receivables Acquisition Company 1, HSBC Receivables Acquisition Corporation (USA) 111, HSBC Receivables Acquisition Corporation (USA) IV (collectively identified in this Affidavit as "HSBC"). As part of my regular job duties, I have access to and routinely review the account records of HSBC. I am authorized to make this Affidavit on behalf of HSBC. The facts stated in this Affidavit are within my personal knowledge and are true and correct. 2. On or about 11/17/2olo, HSBC sold a pool of accounts (identified in this Affidavit as the "Sold Accounts") by a Purchase and Sale Agreement and a Bill of Sale to Midland Funding LLC (identified in this Affidavit as the "Debt Buyer"). As part of the sale of the Sold Accounts, records relating to individual Sold Accounts were transferred to the Debt Buyer. Because of the Sale of the Sold Accounts, HSBC acknowledges that Debt Buyer became the owner he Sold Accounts on the date of sale. Michael Po-czy-neck SiTA ed and sworn to (or Affirmed) before me on by Michael Poczynek. 111110/l/ ( ignature of Notarial Offisg RIE &4 1//? CV, 1 ?kk C) i ?` • G M ry EXP1 _ AC O T RES Z, Z 1.241, O y Pula,-. VKNO'\\N ,rf`?ll1111\\\\ 5997820v.24 EXHIBIT CERTIFICATE OF CONFORMITY I, Kevin T. Peck, an attorney-at-law admitted to practice in the State of Delaware, certify that the foregoing document was notarized by Valerie McCoy, a notary public in the State of Delaware, in conformity with the laws of the State of Delaware. I W TNESS WHEREOF, I have hereunto set my signature, on 1 _ evin T. Peck 6016742v.5 Verification Trenton A. Farmer, Esquire, attorney for plaintiff, MIDLAND FUNDING LLC , makes this statement on its behalf as to the truthfulness of the facts set forth in the foregoing Amended Complaint subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Counsel, rather than an officer or other representative of plaintiff is verifying the foregoing Amended Complaint because plaintiff's officers and/or representatives are outside the jurisdiction of the court and the verification of none of them could be obtained within the time required to file this pleading. Plaintiff's counsel is verifying plaintiff's Amended Complaint based upon information and belief from information in his file. f I r _ Date: Trento A. Farmer, Esquire Burton Neil & Associates, P.C. By: Trenton A. Farmer Esquire ID. NO. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attornev for Plaintiff MIDLAND FUNDING LLC Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-8946 Michael Black Defendant CIVIL ACTION -• LAW Certificate of Service I, Trenton A. Farmer, Esquire do hereby certify that I served a true and correct copy of the within Amended Complaint on defendant's counsel, Vicki A. Piontek, Esquire at her address of record via first class mail, postage prepaid on the date set forth below. Date: Z ? [ Burton Neil & Associates, P.C. Trent 6n A. Farmer, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 150480 IN THE COURT OF COMMON PLEAS C- 2f CUMBERLAND COUNTY, PENNSYLVANIA rq Midland Funding, LLC cn *> r ? CD Plaintiff - 2" r `4 , vs. Michael Black 11-8946 _ Defendant F5 NJ DEFENDANT'S PRELIMINARY OBJECTIONS FAILURE "TO COMPLY WITH RULE 1019 1. Plaintiff has failed to comply with Pennsylvania Rule of Civil Procedure 1019, and has not attached a copy of the writing for the alleged debt. 2. Plaintiff has not attached a copy of the alleged card holder agreement referred to in the Complaint FAILURE TO COMPLY WITH PA RCP 1024 3. Plaintiff has not attached a verification signed by the Plaintiff or an agent of the Plaintiff pursuant to Pennsylvania Rule of Civil Procedure 1024. Wherefore, Defendant prays for an ORDER directing Plaintiff to amend its complaint within 20 days in lieu of these preliminary objections. Otherwise the complaint should be stricken with prejudice. U fu-al 1 Cl Vicki Piontek, Esquire Attorney For Defendant Bar ID No. 83559 951 Allentown Road Lansdale, PA 19446 877-737-8617 palaw(crtiustice.com Fax: 866408-6735 Date IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding, LLC Vs. Michael Black Plaintiff, 11-8946 Defendant CERTIFICATE OF SERVICE Vicki Piontek affirms that she is the attorney for the above captioned Defendant. On the 29th day of February, 2012, she sent a copy of the attached preliminary objections by First Class, U.S. Mail, postage pre-paid to the Plaintiff at the following address: BURTON NEIL & ASSOCIATES, P.C. Trenton Farmer, Esquire 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PENNSYLVANIA 19380 '? i w?i ?? (1 Y\4 ,L\ Vicki Piontek Attorney For Defendant Bar ID No 83559 951 Allentown Road Lansdale, PA 19446 877-737-8617 palawpa)justicc com Fax: 866-408-6735 aT c?q -Jo Date 1 Eii --J`r iLis TXE Pi, rIONOTA;'% 2012 APR -3 PN 3: 07 'CUMBERLAND COUNT`` PENNSYLVANIA BURTON NEIL & ASSOCIATES, P.C. By: Trenton A. Farmer, Esquire Id # 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff MIDLAND FUNDING, LLC IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL BLACK : NO. 11-8946 Defendant : CIVIL ACTION - LAW PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS FAILURE TO COMPLY WITH RULE 1019 1. Denied. Plaintiff's cause of action is based upon an account stated. Plaintiff attached the last monthly billing statement provided to the defendant which is the basis of its cause of action. This is the only document required to be attached when pleading an account stated cause of action. See Citibank (South Dakota, N.A. v. King, 2 Pa. D. & C.5th 60, 63 (2007); Rush's Service Center, Inc. v. Genareo, 10 Pa. D. & CAth 445, 447 (1991). 2. Denied. To the contrary, plaintiff s complaint does not refer to a cardholder agreement. By way of further response, when pleading an account stated, the only document required to be attached is the last monthly billing statement. This document reflects the total balance due, the account number, the type of account, the debtor and the creditor's identity. In I pleading an account stated, a cardholder agreement is not required. FAILURE TO COMPLY WITH Pa.R.C.P. 1024 3. Denied. Plaintiff complies with Pa.R.C.P. 1024 (c)(2) as the plaintiff is outside the jurisdiction and could not be obtained in the time allowed for filing the pleading. WHEREFORE, for all of the above reasons, plaintiff requests that this Court overrule defendant's preliminary objections. BURTON NEIL & ASSOCIATES, P.C. By: Trenton Farmer, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS Plaintiff V. CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-8946 Michael Black Defendant : CIVIL ACTION - LAW Certificate of Service I, Trenton A. Farmer, Esquire do hereby certify that I served a true and correct copy of the within Response to Preliminary Objections and proposed Order on defendant's counsel, Vicki A. Piontek, Esquire at her address of record via first class mail, postage prepaid on the date set forth below. Date: (°l I v Burton Neil & Associates, P.C. By: renton A. er, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 150480 is FILE Praecipe for Listing Case for Argument (Must be typewritten and submitted in duplicate) i '! 8 PM 2* 3 -4 D TO THE PROTHONOTARY OF CUMBERLAND COUNTY: I E 3 ]- +? / [? Q ?i? ?l MIDLAND FUNDING LLC Plaintiff Please list the within matter for the next Argument Court. v. Michael Black Defendant NO. 11-8946 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Trenton A. Farmer, Esquire c/o Burton Neil & Associates, P.C. address: 1060 Andrew Drive, Suite 170, West Chester, PA 19380 b) for defendant: Vicki A. Piontek, Esquire address: 951 Allentown Road Lansdale, PA 19446-5207 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: June 1, 2012 Trenton Ayfar?rier, Esquire Attorney for the Plaintiff The law firm of Burton Neil & Associates is a debt collector. l <a 19. 25 rx1 I O.M ckl r7l?IP Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS Plaintiff V. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-8946 MICHAEL BLACK Defendant : CIVIL ACTION - LAW Certificate of Service I, Trenton A. Farmer, Esquire do hereby certify that I served a true and correct copy of the within Praecipe for Listing Case for Oral Argument on defendant's counsel, Vicki A. Piontek, Esquire at her address of record via first class mail, postage prepaid on the date set forth below. Burton Neil & Associates, P.C. Date: By: --?. Trenton A. Farmer, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 150480 Coen ? ?, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding, LLC vs. Micha6l Black Plaintiff, 11-8946 Defendant PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS f ?t ?1T 0D Fi, i IEa` i" D C0UNI r .-V aril Kindly withdraw Defendant's Preliminary Objections in the above captioned matter. Thank you. Vicki Pio tek, Esquire Attorney for Defendant 951 Allentown Road Lansdale, l'A 19446 877-737-8617 palaw(diuitice.com 57- Date Fax: 866-408-6735 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding, LLC Plaintiff, vs. Michael Black 11-8946 Defendant CERTIFICATE OF SERVICE I sent by First Class U.S. Mail, postage prepaid, a true and correct copy of the attached PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS on Plaintiff's attorney at the foll8wing address: BURTON NEIL & ASSOCIATES, P.C. Trenton Farmer, Esquire 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PENNSYLVANIA 19380 Cumberland County Courthouse Court Administrator One Courthouse Square Carlisle,PA 17013 Cumberland County Courthouse Prothonotary One Courthouse Square Carlisle,'PA 17013 Vicki PionWk, Esquire Date of Service Attorney fop Defendant 951 Allentown Road Lansdale, PA 19446 877-737-8617 palaw(&iustice.com Fax: 866-408-6735 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding, LLC Plaintiff, -v vs. ' - -? Michael Black 11-8946 i75 Defendant V sa DEFENDANT'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT 1. The plaintiff is Midland Funding, LLC with place of business located at 8875 Aero Drive Suite 200 San Diego, CA. Admitted. 2. The defendant is Michael Black, who resides at 140 Kline Road, Shippensburg, Cumberland County, Pennsylvania. Admitted. 3. A HSBC BANK NEVADA, N.A. credit card was issued to defendant with account number ending in 6856 hereinafter referred to as the credit card account. Defendant is without sufficient knowledge to confirm to deny that Plaintiff has identified the correct account. To the extent that an answer is required, the averment is denied. Strict proof is required at trial. 4. Defendant accepted the credit card by making purchases, balance transfers and / or cash advances on the credit card account. Defendant is without sufficient knowledge to confirm to deny that Plaintiff has identified the correct account. To the extent that an answer is required, the averment is denied. Strict proof is required at trial. 5. Monthly statements were provided to defendant which detailed the charges and credits made to the credit card account including the billing statement attached hereto as Exhibit A. Defendant is without sufficient knowledge to admit or deny the averment. 'To the extent that an answer is required, the averment is denied. Strict proof is required at trial. Defendant demands to see such statements and that the statements be properly authenticated. 6. Defendant, upon receipt of the monthly billing statements, made payments on the account and eventually retained the statement without payment. Denied as to the authenticity of the statements. Defendant demands to see such statements and that the statements be properly authenticated. 7. As Exhibit A reflects, the balance due on the credit card account is $3,177.46. Denied. States legal and factual conclusions. Strict proof is required at trial. 8. Defendant did not pay the balance due on the credit card account in full upon receipt of the monthly billing statements and also did not make the required minimum monthly payment set forth in the monthly billing statement. As such, defendant is in default on the credit card account. Denied. States legal and factual conclusions. Strict proof is required at trial. 9. Plaintiff purchased the defendant's account and is now the holder and owner of the account. A true and correct copy of a Affidavit of sale are attached, hereto marked Exhibit B, and incorporated herein by reference. Denied. States legal and factual conclusions. Strict proof is required at trial. 10. Although demand has been made by plaintiff upon defendant to pay the sum of $3,177.46,'the defendant failed and refused to pay all or any part thereof. Admitted as to non payment. Denied as to the alleged balance being owed. Strict proof is required at trial. Vicki Piontek, Esquire Attorney for Defendant 951 Allentown Road Lansdale, PA 19446 877-737-8617 palaw@iustice.com Fax: 866-408-613S 15 3o ?A,,o(Z Date of Service IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding, LLC Plaintiff, vs. Michael Black 11-8946 Defendant CERTIFICATE OF SERVICE I sent by First Class U.S. Mail, postage prepaid, a true and correct copy of the attached answer on Plaintiffs attorney at the following address: BURTON NEIL & ASSOCIATES, P.C. Trenton Farmer, Esquire 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PENNSYLVANIA 19380 Vicki Piontek, Esquire Attorney for Defendant 951 Allentown Road Lansdale, PA 19446 877-737-8617 palawAustlce.com Fax: 866-408-6735 5-30-?? Date of Service IN THE COURT OF COMMON PLEAS -i T` CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding, LLC F 1"l { D t;OUT r_ Plaintiff, vs. Michael Black 11-8946 Defendant DEFENDANT'S AMENDED ANSWER TO PLAINTIFF'S AMENDED COMPLAINT 1. The plaintiff is Midland Funding, LLC with place of business located at 8875 Aero Drive Suite 200 San Diego, CA. Admitted. 2. The defendant is Michael Black, who resides at 140 Kline Road, Shippensburg, Cumberland County, Pennsylvania. Admitted. 3. A HSBC BANK NEVADA, N.A. credit card was issued to defendant with account number ending in 6856 hereinafter referred to as the credit card account. Defendant is without sufficient knowledge to confirm to deny that Plaintiff has identified the correct account. To the extent that an answer is required, the averment is denied. Strict proof is required at trial. 4. Defendant accepted the credit card by making purchases, balance transfers and / or cash advances on the credit card account. Defendant is without sufficient knowledge to confirm to deny that Plaintiff has identified the correct account. To the extent that an answer is required, the averment is denied. Strict proof is required at trial. 5. Monthly statements were provided to defendant which detailed the charges and credits made to the credit card account including the billing statement attached hereto as Exhibit A. Defendant is without sufficient knowledge to admit or deny the averment. To the extent that an answer is required, the averment is denied. Strict proof is required at trial. Defendant demands to see such statements and that the statements be properly authenticated. 6. Defendant, upon receipt of the monthly billing statements, made payments on the account and eventually retained the statement without payment. Denied as to the authenticity of the statements. Defendant demands to see such statements and that the statements be properly authenticated. 7. As Exhibit A reflects, the balance due on the credit card account is $3,177.46. Denied. States legal and factual conclusions. Strict proof is required at trial. 8. Defendant did not pay the balance due on the credit card account in full upon receipt of the monthly billing statements and also did not make the required minimum monthly payment set forth in the monthly billing statement. As such, defendant is in default on the credit card account. Denied. States legal and factual conclusions. Strict proof is required at teal. 9. Plaintiff purchased the defendant's account and is now the holder and owner of the account. A true and correct copy of a Affidavit of sale are attached, hereto marked Exhibit B, and incorporated herein by reference. Denied. States legal and factual conclusions. Strict proof is required at trial. 10. Although demand has been made by plaintiff upon defendant to pay the sum of $3,177.46, the defendant failed and refused to pay all or any part thereof. Admitted as to non payment. Denied as to the alleged balance being owed. Strict proof is required at trial. Vicki Piontek, Esquire Attorney for Defendant 951 Allentown Road Lansdale, PA 19446 877-737-8617 palawPoustice.com Fax: 866-408-6735 o?c7100? Date of Service IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding, LLC Plaintiff, vs. Michael Black 11-8946 Defendant CERTIFICATE OF SERVICE I sent by First Class U.S. Mail, postage prepaid, a true and correct copy of the attached amended answer on Plaintiff's attorney at the following address: BURTON NEIL & ASSOCIATES, P.C. Trenton Farmer, Esquire 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PENNSYLVANIA 19380 ? ad t a-- C Vicki Piontek, Esquire Date of Service Attorney for Defendant 951 Allentown Road Lansdale, PA 19446 877-737-8617 palawCDiustice.com Fax: 866-408-6735 JUN-1-2012 07:16A FROM:AMERICOM TELEPHONE 5 7175649738 TO:18664086735 P.2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Midland Funding, LLC Plaintiff, VS. Michael Black 11-8946 Defendant VERIFICATION I, Michael Black, have read the attached answer. The facts stated therein are true and correct to the best of my knowledge, understanding and belief. t Michael Black Date