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Home My WebLink About13-4216 T Supreme Co>i�' r n nsylvania r COUr f com O leas For Prothonotary Use Only: �! C' vWer` h Ll f S UK Docket No: l �1 G% fA County 1:3 -' �5�1 6 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the f ling and service of loadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint [3 Writ of Summons ® Petition ansfer from Another Jurisdiction J� Declaration of Taking E LP P1 iff s Na e' ! ad Defend is Name* t1jiliq T Do r Amount Requested: 12<thin arbitration limits I Are money damages requested? Yes ® No (check one) []outside arbitration limits O N Is this a Class Action Suit? ® Yes No Is this an MDJAppeal? WVe's ® No A Name of Plaintiff /Appellant's Attorney: K - 6 tJ Check here if you have no attorneylere a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional ® Beyer Plaintiff Administrative Agencies ® Malicious Prosecution ®'Debt Collection: Credit Card ® Board of Assessment 0 Motor Vehicle E3 Debt Collection: Other ® Board of Elections ® Nuisance rl Dept. of Transportation ® Premises Liability H Statutory Appeal: Other S Product Liability (does not include ® Employment Dispute: E mass tort) ® Slander/Libel /Defamation Discrimination C 13 Other: ® Employment Dispute: Other ® Zoning Board T [3 Other: I ® Other: O MASS TORT 0 Asbestos N E] Tobacco 0 Toxic Tort -DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste Other: [3 Ejectment ®Common Law /Statutory Arbitration B ® Eminent Domain /Condemnation 0 Declaratory Judgment ® Ground Rent 0 Mandamus ® Landlord/Tenant Dispute ® Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Warranto E3 Dental ® Partition 0 Replevin Legal ® Quiet Title ® Other: ® Medical ® Other: Other Professional: Updated 1/1/2011 COMMONWEALT1 OF P ENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL 9THJudlclel District, County Of CUMBERLAND FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 3 y�G NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST NO. NAME OF MDJ ANGELA M. ALIANIELLO 1 09 -3 -04 PAULA P. CORREAL ADDRESS OF APPELLANT CITY STATE ZIP CODE MECHANICSBURG 12A [��sz rrraT>aur.Fnt: DATE OF JUDGMENT Cn-T-T-P THE CASE OF (Plaintiff) (Defendant) MIDLAND FUNDING LLC V. ANGEL . ALIANIELLO DOCKET No. SIGNAT OF APPELLANT OR ATTORNEY O AGE MJ- 09304— CV0000174 -2013 AN NY T. MBCET 7 238 -3686 This block will be signed ONLY when this notation is required under Pa. If appellent was Claima t (se Pa. R.C.P.D. J. No. 1001(6) in action R.C.P.D. J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon MIDLAND FUNDING, LLC appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. �` �° ) within twenty (20) days after service of rule n 0. S )Ixiature &iippellant or attorney or agent RULE: To MIDLAND FUNDING, LLC appellee(s) Name of appellee(s) OWNER (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this u e l�f( c r r y8n�JMgp .date of the mailin . Dat J�t-, L 20 3 ! d 61 Signature of Prothonotary fDety YOU MUST INCLUDE A COPY OFTHE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312 -05 9-a 3 G �A COURT FILE TO BE FILED WITH PROTHONOTARY R�� -3 37�— COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND = x Notice of Judgment/Transcrip Civil Case [Address: ag. Dist.. Honorable 04 DJ Name: Honorable -Paula P. Corneal Midland Funding LLC c/o Midland Funding, LLC V. 5275 East Trindle Road Angela M Alianiello Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 Angela M Alianiello 478 Waterleaf Court Docket No: MJ- 09304 -CV- 0000174 -2013 Mechanicsburg, PA 17050 Case Filed: 5/22/2013 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ 09 304 -CV- 0000174 -2013 Midland Funding LLC c/o Midland Angela M Alianiello Default Judgment for Plaintiff Funding, LLC 07/08/2013 Judgment Summary Participant Joint /Several Liabilit v Individual Liabilit Angela M Alianiello Amount $0.00 $2,392.26 $2.392.26 Midland Funding LLC c/o Midland Funding, $0.00 $0.00 LLC S0.00 Judgment Detail ( `Post Judgment) In the matter of Midland Funding LLC c/o Midland Funding, LLC vs. Angela M Alianiello on 7/ follows: 08/2013 the judgment was awarded as Judgment Component Joint /Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,278.76 Filing Fees $0.00 $2.278.76 Costs $105.50 S105.50 $0.00 $8.00 $S.00 Grand Total: $2,392.26 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY /CLERK OF COURT OF COMMON PLEAS; CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT /TRANSCRIPT FORM WITH YOUR NOTICE_ OF APPEAL• EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES. OR OTHERWISE COMPLIES WITH THE JUDGMENT. ell r C , � / r� _ > Date Senior Magisterial District Judge Paula P. Correal I certify that this is a true and correct copy of the record o the proceedings contain I the judgment. .Date Magisterial District Judge f MDJS 315 Page 1 of 2 Printed 07/08/2013 t55:24PM Midland Funding LLC c/o Midland.Funding LLC Docket No.: MJ 09304 -CV- 0000174 -2013 V. y 1 Angela M Alianiello { t Participant List Private(s) Daniel Santucci, Esq. Midland Credit Management, Inc. P.O. Box 517 Essington, PA 19029 1 Plaintiff(s) I ' " Midland g LLC c/o N}idland.Ffdin , LLC ' ��....•..,.,,..�_�.r,,1 Internnal PFaza`r --�• �, � _ 5th Floor Philadelphia, PA 19113 7. ; Defendant(s) Angela M Alianiello 478 Waterleaf Court Mechanicsburg, PA 17050 , 1/ r i - ._ `�^ =�.Y z•+r�� :i —�i: .- - ..,:`,.,"„c, T : - _� .. , ' .. �� ?r��,.-- .- �: .._ ".� :;.�.:- .1 _�• . ,� =: �: to., x, �. ... ;... . MDJS 315 Page 2 of 2 9 Printed. 07/08/2013 1:55 24PM 4• , ) 1 ') 3 j1,.',1.. 26 P?1 2: 59 CUMBERLAND COUNTY PENNSYLVANIA .1;t0ffil&If mlitioini;IFfiertlipi •()L,CL( 4 13 ay' , 1 i o . , / pi S '' c9P/IVIONWEAL OF P1:1411SYLli(6 Notarial Seal cili Melissa S.Myers,Notary Pubic aw of Hatriri)ura,DamOhilt 0318141 Met.1:119 2,PENNSYLVANIA TIOr!101/17niale jitii il i tili t? 011 c .) 1.tifie (I 15 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT co (Domestic Mall Only;No Insurance Coverage Provided) • For delivery information visit our website at www.usps.coma RJ • Postage lT' Certified Fee r O r--1 • Post rk 1:3 Return Receipt Fee C1 (Endorsement Required) Here CI Restricted Delivery Fee as (Endorsement Required) 1 CI / u-I Total Postage&Fees r9 -Qant T f Q ti a Q Street,Apt.Nor v75 ^T_ant D/ I`, or PO Box No S.L• n yti City t. e,Z/P+4 r� P►�/� M PS Form 3800,August 2006 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT l7"' (Domestic Mail Only;No Insurance Coverage Provided) • For delivery information visit our website at www.usps.coma iT Postage $ •LI U, rr Certified Fee ®MI Jo9A-)-, r� Retum Receipt Fee p (Endorsement Required) as .� Restricted Delivery Fee cm (Endorsement Required) » Total Postage&Fees $ MI• 71.Toy • 1717; ♦ T ti er O Street, pt.No t N or PO Box No. •�• �K City,State, ////// �•/ +�+rf• 1 to : PS Form 3800,August 20i,u See Reverse for Instructions Supreme Co rtofiP,enns�lva n ia. �• .mow COU1.6i ccid22itti 2 leas For Prothonotary Use Only: G�>tt4CiQv;ei->si Ot � c,:•1 � Docket No: Cumberbn County — j d" The ii!fbi-m ltion collected on this-fat'?n is used soleljr for court administration putPoses. ?'Iris farm does not cagrlylemeral nr rel>lr�ce the ftlh: atrrlBert>ic=e u .leadiri rs ar aflter xr ers as re ttirecl6y lmtt or roles of court. Commencement or Action: S ® Complaint 0 Writ of Summons ❑ Petition [:] Transfer from Anolher Jurisdiction ❑ Declaration of Taking E C Lead Piaintill's Name: Lead 1)vlcndant"s Name: T MIDLAND FUNDING LLC ANGELA ALIANIELLO I Are money damages requested? ®Yes Q No Dollar Amount Requested: Mvithin arbitration limits U (check one") ❑outside arbitration limits N Is this a Class Action Suit? 0 Yes ® No is this an MW Appeal? ;Q Yes ® No A Name of Plaintiff/Appellant=s Attorney: Daniel.J. Santucci, ESQ. ❑ Check here if you have no attorney(are a Self-Represented (Pro Se] Litigant) — Nature of the Case: Place an"X"to the left of the ONE case category that most accurutely describes your PR/MARY fASE. iryou:are making more than one type of claim,check the one that you consider mist important. TORT(do tint inchrde,t asc 7brt) CONTRACT No trot iirclude Judgmen(s) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ® Debt Collection:Credit Card Q Motor Vehicle ❑ Debt Collection:Other ❑ Board ul'Elec(i ns ❑ Board u1'Glections ® Nuisance inept.of Transportation ❑Promises Liability Statutory Appeal:Other S ❑ Product Liability(tines not inehule )rrasx for{i © E'-mploymcnt Dispute: Q SlanderlLibeF Defamation Discrimination C ❑ Other: ❑ Employment Dispute:Other ❑ Zonin-g Board T ❑ Other T ❑ Other o MASS TORT �r ❑ Asbestos 1� ❑ Tobacco ❑ Toxic Tort-ICES ❑ Toxic Tort- implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: Ejectment ❑ Common LawlStatutory Arbitration Bi ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑Ground Rent 8 ,Mandamus ❑LandlordiTenant Dispute Non-Domestic Relations ❑Mortgage Foreclosure:Residential Restraining Order PROPESSIONA L LIA:RLITY Q Mortgage Foreclosure:Commercial Q Quo Warranto ® Dental Q partition ❑ ❑Replevin Legal Quiet Title 0 Other: ❑ Nledical Other: Other Professional: Updcite:t!I/1/2(!I1 113813 s Daniel J. Santucci,Esq. Attorney ID#92800 P.O.BOX 517 Essington,PA 19029-0517 866-626-5053 MIDLAND FUNDING LLC �, r•., IN THE COURT OF COMMON PLEAS � c� 8875 Aero Drive, Suite 200 CUMBERLAND COUNTY, PA - : ' San Diego, CA 92123 raj rn CIVIL ACTION Plaintiff, NO. 13-4216 c'rl C CD :+ 3 C � .CD.. 1""7 ANGELA ALIANIELLO y Defendant(s). PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above captioned matter on behalf of PLAINTIFF MIDLAND FUNDING LLC Papers may be served at the address set forth below: Daniel J. Santucci,Esquire P.O.BOX 517 Essington, PA 19029 Telephone Number 866-626-5053 Date: By: Daniel J. San cci Attorneys for Plaintiff MIDLAND FUNDING LLC 113813 Daniel J. Santucci,Esq. Attorney ID#92800 P.O.BOX 517 Essington,PA 19029-0517 866-626-5053 MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS 8875 Aero Drive, Suite 200 CUMBERLAND COUNTY,PA San Diego, CA 92123 CIVIL ACTION Plaintiff, NO. 13-4216 VS. r. I-J, C:)Cr ANGELA ALIANIELLO ic:� CD Defendant(s). NOTICE TO DEFEND 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 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE PROTHONOTARY I COURTHOUSE SQUARE CARLISLE,PA 17013 PHONE: (717)240-6195 113813 AVISO USTED HA SIDO DEMANDADOlA EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despues de ]a notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo par cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO,LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOME AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN 113813 Daniel J. Santucci,Esq. Attorney ID#92800 P.O.BOX.517 Essington,PA 19029-0517 866-626-5053 MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS 8875 Aero Drive, Suite 200 CUMBERLAND COUNTY, PA San Diego, CA 92123 CIVIL ACTION Plaintiff, NO. 13-4216 VS. ANGELA ALIANIELLO Defendant(s). COMPLAINT 1. Plaintiff, MIDLAND FUNDING LLC("Plaintiff"), is a limited liability company with an address of 8875 Aero Drive, Suite 200, San Diego, CA 92123, and is registered to do business in the Commonwealth of Pennsylvania 2. Defendant,ANGELA ALIANIELLO("Defendant"), is a resident of Cumberland County and has a last known address of 478 Waterleaf Ct Mechanicsburg,PA 17050. 3. By this complaint, Plaintiff seeks to recover amounts owed by Defendant. The underlying account that is the basis of this lawsuit is a credit account that Defendant held with creditor CHASE BANK USA,N.A. account no. XXXXXXXXXXXX2631 (the"Account"). Prior to filing this complaint, all right,title and interest to the Account were sold and assigned to Plaintiff. Plaintiff owns the Account and stands in the place of the original creditor and is entitled to collect on the Account as if it were the original creditor. To the extent that Plaintiff acts in its capacity as successor-in-interest to the original creditor or its assigns,references herein to Plaintiff may include Plaintiff's predecessor-in-interest. (Please see attached documents) 4. Defendant opened, used, and derived benefit from the Account through Defendant's own use of the Account or by another's use at Defendant's direction. By using the Account, Defendant expressly agreed or impliedly promised to repay Plaintiff. 113813 MIDLAND'S EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION 5. Plaintiff Midland Funding LLC owns portfolios of consumer receivables, which it attempts to collect. When working with individual consumers, Plaintiff Midland Funding LLC and its affiliates (collectively, "Midland") generally attempt to contact consumers like Defendant through several means, all in an effort to establish contact and to resolve the underlying obligation. In doing so,Midland attempts to assess each consumer's willingness to pay,through phone calls, letters or other means. Midland attempts to exclude consumers from its collection efforts, where Midland believes those consumers are facing extenuating circumstances or hardships that would prevent them from making any payments. 6. When Midland contacts consumers, it strives to treat consumers with respect, compassion and integrity. Midland works with consumers in an effort to find mutually-beneficial solutions,often offering discounts,hardship plans,and payment options. Midland's efforts are aimed at working with consumers to repay their obligations and to attain financial recovery. Midland strives to engage in dialogue that is honorable and constructive, and to play a positive role in consumers' lives. 7. Despite Midland's efforts to reach consumers and resolve the consumer's obligations, only a percentage of consumers choose to engage with Midland. Those who do are often offered discounts or payment plans that are intended to suit their needs. Midland would prefer to work with consumers to establish voluntary payment arrangements resulting in the resolution of any underlying obligations. 8. However, the majority of Midland's consumers ignore calls or letters, and some simply refuse to repay their obligations despite an apparent ability to do so. When this happens, Midland must decide then whether to pursue collection through legal channels, including litigation like the present action against Defendant. Although the Account is now in litigation, Plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible. 113813 FIRST CAUSE OF ACTION (Account Stated) 9. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 10. Within the last four(4) years, Defendant became indebted on the Account to Plaintiff in the sum of$2,278.76 on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff. 11. Plaintiff has made demand on Defendant for repayment of the account stated but Defendant has failed and refused to pay the balance due. 12. As of the date of this complaint, there is a total amount due and owing of$2,278.76 (Please see attached documents) WHEREFORE, Plaintiff demands Judgment in its favor and against the defendant(s) in the amount of $2,278.76 plus court costs and interest. Date: MIDLAND FUNDING LLC By: Daniel J. Sa ci Attorneys for Plaintiff MIDLAND FUNDING LLC Q 1 1 3 8 1 3 S C P 4 113813 Verification 1, Daniel Santucci, Attorney for the Plaintiff, am authorized to make this verification on plaintiffs behalf, as it is being filed in connection with a District Justice appeal and there are time limits. The facts set forth in the foregoing pleading are true and correct. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: a DANIEL SANTUCCI, ESQ. 113813 Daniel J. Santucci,Esq. Attorney ID#92800 P.O.BOX 517 Essington,PA 19029-0517 866-626-5053 MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS 8875 Aero Drive, Suite 200 CUMBERLAND COUNTY, PA San Diego, CA 92123 CIVIL ACTION Plaintiff, NO. 13-4216 VS. ANGELA ALIANIELLO Defendant(s). AFFIDAVIT OF NON-MILITARY SERVICE being duly sworn according to law,depose and say I am the attorney for the plaintiff and I am authorized to make this affidavit on Plaintiffs behalf I hereby certify that the defendant is at least 18 years of age and not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Service member's Civil Relief Act of 2004 and any amendments thereto. I also hereby certify that the statements made in the foregoing Affidavit of Non-Military Service are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date:— M FUNDING LLC By: Signatur 113813 i Daniel J. Santucci,Esq. Attorney ID#92800 P.O.BOX 517 Essington,PA 19029-0517 866-626-5053 MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS 8875 Aero Drive, Suite 200 CUMBERLAND COUNTY, PA San Diego, CA 92123 CIVIL ACTION Plaintiff, NO. 13-4216 VS. ANGELA ALIANIELLO Defendant(s). CERTIFICATE OF SERVICE I Daniel Santucci, Esquire, counsel for the plaintiff, do hereby certify that I sent a true and correct copy of this Complaint, filed in connect with Defendant's District Justice Appeal, to the Defendant's counsel at the below address on August 2nd, 2013. Anthony T. McBeth, Esq. 407 North Front Street 1st Floor Harrisburg, PA 17101 Daniel J. Santucci,Esq 113813 — I ICI Payment due Date New Balance Past Due Amount Minimum Payment 0111101 &2.278.?6 $653.00 $754.00 Accotmt Number 2631 Make your check payaule to: Chase Card Services. • Please—it&amours(enclosed, New addressor a-maV Print a,back. •r•,:;El-AMAUTA IrrrE�I.��,�trlrlrrlrr��u,Gl�tr��ririn.11ydd„rl�+r�lrrl At+NoEi,A 1W AL1ANtELlO 385 E 88TH ST APT 220 RDPAEMBER SERVICE YORK NY 10128-5293 C CAA BOX 15153 W1LA91WTON DE 19885-5153 I1'..nil.,,,,,It.,Lli„lr,l.Lulrll,l..,rnu,l�lrl„I„n.I CHASE1:1 f Manage your account online: Additional contact information 'n^x.chsse.comtcre'citea-ds can vnrendy located on rsvema e>de ACCOUNT SUMMARY �� PAYMENT INFORMATION Account Number 2631 Nex8alance S2r278.76 Previous Balance 52.200.18 Payment Dua Date 01.10.411 Fees Charged 4325.00 141inimum Payment Due 5754.00 Interest Charged +•$53.58 Late Payment Warn”:If we,do not receive your rnildmum New Balance $2 278 76 Payment by the date listed above,you may have to pay a!aye fee of UP to$35.00 and your APR's will be sulaect to increase to a Operdng!aosing Date 11,1114.1'10-110 11 0 maximum Penalty APR of 29.99146. Total Credit Line 82.000 Minimum Payment Warning:It you make only the minimum payment each period,you wig pay more in interest and!t till take Available Credit $0 you longer to pay oft your bawicm- For example: Cash Access line 5400 Available for Cash so If you make no Yotl.viii pay aft he And you will end up additional charges balance shrnvn on paying an estimated using this card and this statement in total of..- each mordh you about... pay... Only the minimum 22 years $7,4 78 payment If you,mold like information about credit counseling services,call 1.888-797.2885. The euisfanding balance on your credit card account is scheduled to be:MMan off as a bad debt shortly. As a result•your credit bureau'-MR be updated vAth a negative rating that could test for up to saven years.N!e can still neip,but you need to call us-now at 1.888-792-7547(collect i-302-594-820ft Important Message:You Are Overiimit! Your statement balance exceeds your credit line.You sho-uid make a Payment that includes the ovenimit amount to bring the balance under your credit tine. This account is closed and no longer available for use. IFyov have a balance remaining on the account,please continue to make m0nifft'y Payments by the due date. Thank you. FLEXIBLE REWARDS SUMMARY Previous Po nts Balance 0 Thank you for using the credit card that cams Points Earned on Purchases This Period 0 -awards that can be used for travel,gift cards. Points Earned Through Chase Rewards Plus 0 cash,or merchandise. Remember,you can New Total Points 8alanoe 0 earn points by using your Rexibie Rewards cre$4 card far evertatay purchases like groceries,gas,and drugstore purchases. Your Chase Fiexibiic Rewards credit card carps 1 point for every$i you spend on purchases. Earn up to an additonal 10 points white shopping online#miah,vra.chase.,:ofnl wardspius. Add authorized users;and sign up is have your monthly bills charged to your card.too. Why not get rewards V ali those purchases too? It's that simple. Simpry go chase.comYe wards to choose your reward.odayl Redeem your poi rds anytime,or just check out new others at v^,rx.chase.arn?rewards. ACCOUNT ACTIVITY Dale of Transaction Merchant Name or Transaction Description S Amount .Y r'3::°r'.•f1.r tf.-1'p.:;:r'lvt i% •..a :`I1' .r :xc{•:: •F::4 ArM1 f.:: r':�: .:""..". '".c' .:•>�.. ."."0:,1•.....�"" . . 0101,10401 .� .>."'••:::`-^.�.'" .n.k��. rv. .:"".�"".<:F:^':� ,.,."`: l,'.h�:". r"" �"..n.:n .;,�,i�<:�•�"�''.�:ti•,�f„��':w�{3,`�4r t2MD (ATE FEE 25,00 TOTAL FEES FOR THIS PERIOD $25.00 ls,`y:is'?i.^,f?it cYpe:.rtiTaa':'rwAi:tis'?if•?it - ::`!`:`.S+I.O i:.�[.:..A.,; ..i. 5'�''j:lw :%::+ � +.ir'� ?.•I••:!?ifl+,• •V.dTrl:wR•': .\:<. ...1'..;.,,`•..y. r.:. MIA ..• t 'r-� .may tt� �y�y��y. +!.r"}�:3... :tc�3i". ,1'!t.:, :.+Ptn"v< .t.;.e1'_� a}`Y.'... ^ ,�..r^ ,:.•.e....... :...:..n,LS"....r"�..?'it.r:x!i:n!:,-:wY.. .h...,..:..:.:.: n........1'r.;..s.,:!:•n1''.i.se..r..ri`>:1'a:a,:r..t.,7.'v"...".g:?:^h::rr>,fia"%�:",w:i�sr•.°.�rW:i:}" t2M3 PURCHASE INTEREST CHARGE ra358 TOTAL INTEREST FOR THIS PERIOD $53.58 This Statement is a Facsimile-Not an original 01JOU11 t!:iMWUu:r Lou N L 1.1 ta+tt'Ri F.g.rel2 Ulf]" 1-:"JA Jal•JJ JX1UWjJUa•JJ"ILXN? xD�nl Address Change Request Please PFOVIft information bebA,only if the address information on front is incorrect. Street Address: ...................... Slate: Home Phone: --- --- ---- Work phona; E-maif Address: ....----` -T-- To service mid manage any of your account(s),we,our JeWeser"W".•rMorgan Chase represeniatives.and/or affiliatim.ITMY contact you at any'oelephone number you provide to us. Please refer to your Cardmember Agreement for addiftnal details about the use of your Personal Informalion Landw visit ourwebsite shown below to Provide us with additional contact information. fT---contact us regarding Your account: Y elephone7— N, 4 -80D-94 ' In U.S. 11 S_2DCIG ? Esparto[ 1-81"46,33 1 02 sent[ulciffainea I*: -DD -SCO-9515-8060 Mail Payments tox. Visft OurrWell5ite: 'Pay O,P*rfQ 1800436-7958 P,0-Box 16296 P.O.Box 15153 -nix.U.S.A -1 celled Mmington,DE 19850-529S Mlmi�qbotr,09 11SM-SIS3 __M2 524-9200 loiatndaff Ablel Yolff JL--Ovnt fRk,-On, cromirg of 171111310ft b;Me off)l M1,W 5062 MCI%. 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Whel IMOD-Ma Illink voFFilfil A Mietake Oil i tv Ifini*Nn,is in Vol,lvc-wr.�.Ilni to s-na-au rtw. r d.t&NOW,$.L*,Morta-41. Wir-WAS nr V IVM'A':-.421 T17 al nifflealfof j-, wor.WOW.Ih.* 6Z-tK I,.I P.C,S-X 152r,-Arrnp,s it !nyw Ilomrwt ,:tw,� E'ohV rwu T'.!Pl--11 Or 9.s atau 1'"0 4•0 F.161 it:1,t' 491114 ahonr 9N.I.o1j,th.k "I d '(40 201:us.NJ P ,np vzc oil,ft*.:aotfiw wil: liuk filp•,'w!ievvk-inc;ltilar,chd I..l r-.'A m0.Or 719.'';A'j • 11469:it k•ll SoM.1401111.1 a(UP11M aekjw.. n4-.IQr:rdO04M 1C,X, t VAm.1 I- JIM:teii..ft 2 t.'Alp,be-Ir 1LJM: A IM,`011)111 If.",0)vrf t, 1:.11100,01 A'A,�A,Aj(I fr,"*Ir UK I!Pt,0� r�wj,! I . W-mv lz__JI -hOr 9OIIdtOk:.L 1. Inc r.Q7111111 bg•-1%n-i J,, 0Yiro 4 v.d-Vft,.,-6;K.All_h" r."".th.%te, Annual nfinewai milce,I ra;., lf-,39mov has an br-Jio nr frvw t.;too MY011AN 1141intiollatIMA IffilitCrIf Carl Poll-film be:I lljdufi V.."rwithil.11111 pir n:v I to wzhl� -tru mn ti-N. ',tr, M or that ,GiPaa ca,a CaM4*flOfl DI SWUNG 801601 be WOMIRVI 11,11W.To $v;h 3v kidie votfI 4'-,•-1v I.MhV-ovlt! 09ft WIT-00 r•pWo.AN U-.r- t rR.,, a.I,:-P i•+4:-a?Jr IV,*W It,*'ft.-ZV,,.,ri$S& b,la1 tud .-,z I,Jim.-X.,pkc*l;saran :hx�t I.,*,*-t lift;::%1!•vr.I 0.4,410*-111 A-04'5, ."Of ou'..;1'. LWhy.,ViMoa willf U:z,"A,..VK 9.11 turtoltlar.1,%F�, Et Aff._ tifl.,mo.l W, vlt, if-J,60�. 1.:;, "'0 V4,.v,'11-to".0ak Me-fr-fr-ev* :;kirwttd Liojh: 4itwxAb Mrkxq;inset brill"'Ar .)0,W.1 -_t Ld.,u'Noch 0,0e);!.-'wW0.t"'.fr'sm ke%r.Pa,cicr, 3 WAI in2M Statement Date: 11!14M-12/13110 Aeeovrlf Number M 2631 Page 2 of 2 Total(ees chergeo in 2010 S?95.00 Total interest charged in 2GiG $Sf0.36 Yeer•to date totals renect all charges minus any refunds applied to your account. INTEREST CHARGES Your Annual Percentage Rata(APR)is the annual Interest rate on your account. Annual Balance Accrued Balance Percentage Rate(APR) SuBJect To Interest Type 30 Days in Cycle Interest Rate interest % Charges Charges Purchases 29.24%(v) 52,229.26 553.58 Cash Advances 29.2445(v) $D.00 $0.00 $0.00 Balance Transfer 29.24%(v) $0.00 50.00 $O.DO (v}=Variable Rate $0.00 Please see Information About Your ACCOUnt section for the Calculation of Balance SL[b;&Ct O Interest Rate,Annual Rene-wall Notice,. How to Avoid Interest on Purchases.and other important information.as applicable. This Statement is a Facsimile-Not an original XUUwoul II f1S:UU MQ N 1 U -0,11:13 H42C2012 QWX PJAM 3Ci:U 1f1 UUGuUwUUM139U2 CHASE 0 BILL OF SALE Chase Book UISA, I.A. •Sellet"), for value revived and pursuant to the terins and conditions of Credit Card Account Purchase Agreement dated November 20.2009 l etwaen Seller and Hilco Receivables, LLJC ('Purchaser"), ins successors and assigns ("Credit Card Account Purchase Agreement"), hereby assigns effective as of the File Creation Dwo January 6.2011 all rights,title and intere'st of Seller in and to thus;: ctruin receivables,judgment3 at evicicnoos of debt described in Exhlbit I attached hereto and made part herrof for all. purpows.. The name�*.) of the Borrower(s), the Account Number imicgtied by Seller to tha Burrows r(WAv*)a an L.the Unpaid Balance as of tbt File Creation Date m,ferrncod in the Credit Card Nrchase Agreement for each and every Account, the Borrower(s)' Social Secwity Number, the Borrower(s)' Home, Address,the Borrower(s)'Phone Number znd other infrwmation related to the Borrowers and theAccou-nts as kept and maintained in.the business records of the Seller in.its ordim.-y course of business is contained in the File referenced in Exhibit C hereto and Exhibit D of,the CYedit Card Purchase Agroament and, tmngfi�tyed to Purchaser herevrith. Fwthc�rnwre,Seller attests and affies that documents(as that tmm in used in Sectioti 6 of ibis Credit Card Purchase Aarttineot)as maintained in the ordinary Course.of its lilwine:sq are available to Punch aw upon r%xiuca as het.forth it! Section 6 o this CTe&t Card t'urcW,se Agccmont, including,but not hink&d to applications by Borrower(s) whose,AiLcounts are being transferred hereby as well as statements reflecting-ar related.to the 11repaid Balance as of"the File Creation Date -is reflected in the Seller's bossiness records. Amounts due to Seller by Purchaser Ir.hereunder shall be,paid U.S, Dollars by a wire tramfer to be raceivud by Seller no later than January 12.2011 (the'Closing Milt-)by 2:0D p-in, Seller's tinve,w f"011awv This Rill of Sale is executed wiftut recourse except as stated in.the Credit Card Account Purchase Agreement to which this is an Exhibit.No other representation of or warranty of title or enforceability is expressed.or implied. Chase Onalk USA,N.A, BY. BY: Date: JgnUM 7,2011 Oate: 'Title Zen LAader, AFFMAVIT OF SALE OF ACCOUNT 'BY ORION.&L CREDITOR STATE OF, NEW YORK. C'OUTNTY OF NASSAU arrA�- �MCRW- being duly swoii4 deposes and says: 'I am over 18 and not a party to this action.I arn an officer of JPMorgan Chase Bank,N.A. and ain authorized on behalf of Chase Bank USA,N.A.to execute this affidavit In my position,I am aware of the proms of the sale and assignment of electronically stored business mcords. on or about 1116/2011, Chase Bank USA, N.A. sold a pool of ohnrged-off accounts (die Aex;ounts) by Purchasc and Sale Agreement and a .Rill of'Sale to Equable Ascent Financial., LLC fi ca Hiloo Receivables, LT.C. As part of the sate of fie Accounts, electronic records and other records were: vansterred on individual Accounts to the debt buyer.Those records were kept in ordinary course of business of Chase Bank LISA,N.A. I am not aware of any errors i i Mew accounts. The above statements are true to the best of my knowledge. Signed this day of martin r.It's 14- /bkre me,appeared....... (7erso.nally luiown to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose natne(s)is (am)subscribed to the within instrument and acknowledged to n-Ae that helsheilthey executed the same in his/her*lfbeir onpacity(ies),and that by his,"her/their'*Tnture(s)on.the instrument,the individual(s),or the person upon behalf of which the indi)oTC2Q(-s)acted,exectr(ed e in.wurnont. 7 / _)NN r _ AFFIDAVIT OF SALF OF ACCOUNTS BY D<!I3T SELLER State of Illinois.County of Lake. Jeff Hasentniller being duly sworn, deposes and says: I am over 18 and not a party to this action. I am the Legal Agency Network Manager of i=quahle Ascent Financial, LLC. in that capacity. I have access to certain books and records of Equable Ascent Financial, LLC:,and certain of its subsidiaries and affiliates(altogether,"Debt Seiler"),and am generally aware of the process relating to Debt Seller's electronically stared business records. Equable Ascent Financial, LLC owns certain accounts,and maintains and records information in the records as they relate to such accounts. I am authorized to make the statements and representations set forth in this affidavit on behalf of Equable Ascent Financial, LLC. The statements set forth herein are true and correct to the best of my knowledge, information,and beliet; basal oil either personal knowledge or review of the business records of the Debt Seller. My duties include having knowledge of,or access to,certain business records relating to the Accounts(as defined below). Thew records arc kept by Equable Ascent Financial, LLC in the regular course of business,and it was in the regular course of business of Equabic Ascent Financial,LLC for an employee or representative with personal knowledge of,or from information transmitted by Someone with personal knowledge of the act,event,condition,or opinion recorded to make memorandum or records thereon;and the mcniorandutn or records were ana+de at or twar the tine the information was received by the Seller or the time of the act,event,condition or opinion recorded,or reasonably soon thereafter. Ort May 14,2012, Equable Ascent Financial. LLC sold a pool of charged-o fT accounts(the "Accounts") by a purchase and Satc Agreement and a Bill of Sale to Midland Funding LLC. Equable Ascent Financial, LLC had previously bought the Accounts front Chase Batik USA, N.A. on or around Ul212011. The creditor was Chase Batik IJSA,N.A. Pursuant to the sale, Equable Ascent Financial, LLC sold,assigned and transl,rrcd to Bayer good and matrketahle title to the Accounts and any unpaid balance rrcoi and clear ofall liens,encumbrances,security interests and pledges of any kind. i am not aware cif any errors in the Accounts. In connection with the sale of the Accounts,electructic and other records were transferred to or utherwiw made available to the Royer(the"Transferred Records"). The Transferred Records arc kept by Equable Ascent Financial, LLC; in the regular course of business,and it was in the regular course of business of Equable Ascent Financial, LLC for an employee or representative with personal knowledge of,or from itifbrniation transmitted by someone with personal k.nowledee Of, the act,event,condition,or opinion recorded to Blake n}es»orandi►m or records thereof,and the trtcniorandurn or records vvere made at or near the time the information was received by the Seller or the time of the acct,event,condition or opinion recorded,or reasonably soon thereafter. To the extent that the Transferred Records include records that were preparcd by a third party, t$cy are records that were incorporated into the records of Equable Ascent Financial, LLC as at business record and the accuracy of'such records are relied upon by Equable Ascent Financial, LLC in the regular course of business. The above Statements are true to the best of my knowledge. .......... Signed this day of 2412. Sworn before me this day of 2012. OFFICIAL SEAL S. 111P MARYANNE SINITF-AN NOTARY PUBLIC•STATE OF ILLINO;$ MY COMISS10114 EXPIRES.03/24115 _GAO 3TAIE Ol, ILLIONIS [CERTIFICATE OF CONFORMITY1 CITY OF LAKF7 The undersigned does hereby cerlify that she is, ,10 attorney at 81,1(cofillillois find is aresidelli ofL)u8pIai1le.s, ,jj the State Orjlji,,o lawdulyadmittedlopractic . to ,take this certificate r"catc Of collrormity to tile is in the d'erne'll by Jeff I lusumniller flamed ill the 1b laws of the tilat s1le isl Person duly qualified regoill State of Ill inois, th.11 tile foregoing" a notary ill II)e State ol"ll"10is: was taken in the mallle, 'u,nstrument taken before Maryall being the State manner prescribed by sticl, laws oftjjcS Maryanne Sinitean and effective ill"' "'11'cll it Was taken; and that if duly conforms State of sucllstate. fornis witll .� tic low's t'W and is in ;e t, and is in all respects %,a' lid Bate Nidl Si ol,i, Attorney at-law for the State of f Illinois 2 BILL UT'"SALE THtS:1311,1,Or,SALr,,dated as of May 14,2012,is by and between Equable Ascent Financial, l..LC:,z Delaware limited liability company(the"Setter"),and Midland Punning LLC,a Delawares limited liability company(the"Buyer"). For value received,pursuunt to the terms and conditions of that c ertaitn Account Purchase and Sale Agreement,dated as of Ai-:ril 19.2412,between Sailer and Buyer(the"Agreement"),Seller does hereby sell,assign and transfer to Buyer,and Buyer does hereby purchase frorn Setter all ri ht title and a cscribed in that certain electronic file natraedi " Inless otherwise a in rerem,a 11 cap terms appearing in tilts Faill o"I'Sale—sh—all have t rs meanings defined for such terms in the Agreement. Seller represents and warrants that all of the information contained it)the Cutoff Pilo,the Purchased Accounts File,tire:Chain of title talc and any other information Seller provides to Buyer concerning the Accounts(collectively,"Seller's Accounts Information")(a)constitutes Seller's business records regarding the Accounts and(b)accurately reflects in all material respects the information about the Accounts in Seller's possession,including electronic data ot'the Original Creditors and Previous Sellers regarding the Recounts,which Seller relied upon and accurately Incorporated into its business records regarding the, Accounts. All of Seller's Accounts Ittformation has been kept in the regular course of Seller's business and(a)was made or compiled at or near the tune of the act,event,condition or opinion recorded and recorded by a person with kaaowledge of(or hotel itformation transmitted by a person with kniowled a of)the act,event,condition or opinion recorded or(b)was received from an Original Creditor or Previous Seller,and incorporated into its business records regarding the Accounts. It is fire regular practice,of Seller's businms to maintain and compile such data. This[sill of Safe wilt be binding on the parties and their respective successors and permitted assigns. Neither paa'ty may assign this Agreement without the prior written consent of the other patty. 'Ibis Bill of Sate and Assignment and Assumption Agreement shall he governed by the laws of the State ot'New York without}riving effect to its principles of conflict of laws. Buyer and Seller hereby irrevocably and unconditionally submit to the Jurisdiction of any State court sitting in Now York County and the United States District Court of the Southern District of New York. Each party hereby irrevocably .and une onditio►aally rvaaives any.oViection ta.the.taying of Yt<Iruc.in any.such cour4 and atny claim that such court is an inconvenient forum. SL+'LLEItc BUYER! EQUABLE ASCENT r,INANCIAL,LLC MIDLAND FUNDING LLC Naatae: tit "�, tl, Name_ pA.�fL CSR 6frRG Title: Title: TMASN�t� Approved by L%Jal Field Field Data CO—Amt Account 2278.76 originalcreditor 2631 Name Chase Bank USA, N.A(WAMU) Streetl ALIANIELLO,ANGELA M City 478 WATERLEAF CT State MECHANICSBURG zipcode PA SSN 17050 homephone *****2652 ContractDate 71 78380526 ChargeOffDate 2008-08-29 00:00:00 Sale Amount 2010-12-3100:00:00 Client Last Paid Date 2278-76 Client Last Paid Amount 2010-07-09 00'00'00 60 Data printed by Midland Credit Management, Inc.from electronic records provided by Equable Ascent LLC pursuant to the Bill of Sale/Assignment of Accounts transferred on or about 05/14/2012 in connection with t he e sale e of accounts from Equable Ascent Financial,,LLC to Midland Funding LLC. ILED- FF ICE Cif rl1E P O THONO rA�;Y o 2013 SEP 19 PH 2: 2 g CUMBERLAND COUNTY PENNSYLVANIA Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Defendant MIDLAND FUNDING, LLC; : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ANGELA ALIANIELLO, : NO. 13-4216 Civil Defendant - DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT COUNT 1 - MOTION TO STRIKE FOR INCLUSION OF IMPERTINENT MATTER PURSUANT TO PA.R.CIV.P. 1028(a)(2) 1 Plaintiff devotes a great deal of space in its Complaint to self-congratulatory narrative about its approach to its customers, implying that Defendant is somehow of questionable character or otherwise lacking in that Plaintiff felt that it had to bring the captioned action against Defendant. 2. That material (paragraphs 5-8) of Plaintiffs Complaint, is impertinent and renders the Complaint subject to striking pursuant to Pa.R.Civ.P. 1028(a)(2). WHEREFORE, Defendant requests this Honorable Court to strike Plaintiffs Complaint, and to provide any other relief the Court may deems appropriate. r COUNT II - LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) PURSUANT TO PA.R.CIV.P. 1028(a)(4) 4. Plaintiff begins to actually plead a cause of action in paragraph 9 of its Complaint. 5. Plaintiff purports to sue on the theory of account stated. 6. But, that cause of action requires affirmative assent by a Defendant as to the validity of a claim; Plaintiff has not pleaded such affirmative assent by Defendant. WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiff's Complaint for failure to state a claim upon which relief may be granted; Defendant also requests any other relief the Court deems appropriate A" r ate r3 An ony T. McBet Y. Attorney for Defe dan 407 North Front St., t Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. 53729 2 MIDLAND FUNDING, LLC; : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ANGELA ALIANIELLO, : NO. 13-4216 Civil Defendant CERTIFICATE OF SERVICE I, Anthony T. McBeth, Attorney for Defendant, hereby certify that I have served the attached document by placing same in the United States mail,first class, postage pre-paid addressed as follows: Daniel J. Santucci, Esquire Attorney for Plaintiff P.O. Box 517 Essington, PA 19029-0517 BAD at ' nthony T. Mc , Esq. Attorney for efe ant 407 North Fr St. First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 0i 1 f'iy , Q UO r ��'� Daniel J. Santucci,Esq. Attorney ID#92800 3 Q["T 2 4 PM 1: 2 � P.O.BOX 517 �� Essington,PA 19029-0517 PENNSYLVANIA 866-626-5053 MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS 8875 Aero Drive, Suite 200 CUMBERLAND COUNTY San Diego, CA 92123 CIVIL ACTION Plaintiff, NO. 2013-4216 VS. ANGELA ALIANIELLO Defendant(s). NOTICE TO DEFEND 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 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 PHONE: 800-990-9108 113813 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en ]as siguientes paginas, debe tomar accion dentro de los proximos veinte(20)dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, ]as demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO,LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO,ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN 113813 Daniel J. Santucci,Esq. Attorney ID#92800 P.O.BOX 517 Essington,PA 19029-0517 866-626-5053 x 61000 MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS 8875 Aero Drive, Suite 200 CUMBERLAND COUNTY San Diego, CA 92123 CIVIL ACTION Plaintiff, NO. 2013-4216 vs. ANGELA ALIANIELLO Defendant(s). AMENDED COMPLAINT 1. Plaintiff, MIDLAND FUNDING LLC, is a limited liability company with an address of 8875 Aero Drive, Suite 200, San Diego, CA 9212,and is registered to do business in the Commonwealth of Pennsylvania 2. Defendant, ANGELA ALIANIELLO ("Defendant"), is a resident of Cumberland County and has a last known address of 478 Waterleaf Ct Mechanicsburg,PA 17050. 3. By this amended complaint, Plaintiff seeks to recover amounts owed by Defendant. The underlying account that is the basis of this lawsuit is a credit account that Defendant held with creditor CHASE BANK USA, N.A. account no.XXXXXXXXXXXX2631 (the"Account"). 4. Prior to filing this amended complaint, all right,title and interest to the Account were sold and assigned to Plaintiff. Plaintiff owns the Account and stands in the place of the original creditor and is entitled to collect on the Account as if it were the original creditor. To the extent that Plaintiff acts in its capacity as successor-in- interest to the original creditor or its assigns,references herein to Plaintiff may include Plaintiff's predecessor-in- interest. (Please see attached documents) 5. Defendant opened,used, and derived benefit from the Account through Defendant's own use of the * 4 A S C 4 - 1 - 113813 Account or by another's use at Defendant's direction. By using the Account, Defendant expressly agreed or impliedly promised to repay Plaintiff. MIDLAND FUNDING LLCEFFORTS TO RESOLVE THE UNDERLYING OBLIGATION 6. Plaintiff Midland Funding Llc owns portfolios of consumer receivables, which it attempts to collect. When working with individual consumers, Midland Funding LLC and its affiliates (collectively, "Midland Funding LLC")generally attempt to contact consumers like Defendant through several means, all in an effort to establish contact and to resolve the underlying obligation. In doing so, MIDLAND FUNDING LLC attempts to assess each consumer's willingness to pay, through phone calls, letters or other means. MIDLAND FUNDING LLC attempts to exclude consumers from its collection efforts, where MIDLAND FUNDING LLC believes those consumers are facing extenuating circumstances or hardships that would prevent them from making any payments. 7. When MIDLAND FUNDING LLC contacts consumers, it strives to treat consumers with respect, compassion and integrity. MIDLAND FUNDING LLC works with consumers in an effort to find mutually-beneficial solutions, often offering discounts, hardship plans, and payment options. MIDLAND FUNDING LLC's efforts are aimed at working with consumers to repay their obligations and to attain financial recovery. MIDLAND FUNDING LLC strives to engage in dialogue that is honorable and constructive, and to play a positive role in consumers' lives. 8. Despite MIDLAND FUNDING LLC's efforts to reach consumers and resolve the consumer's obligations, only a percentage of consumers choose to engage with MIDLAND FUNDING LLC. Those who do are often offered discounts or payment plans that are intended to suit their needs. MIDLAND FUNDING LLC would prefer to work with consumers to establish voluntary payment arrangements resulting in the resolution of any underlying obligations. 9. However, the majority of MIDLAND FUNDING LLC's consumers ignore calls or letters, and some simply refuse to repay their obligations despite an apparent ability to do so. When this happens,MIDLAND FUNDING LLC must decide then whether to pursue collection through legal channels, including litigation like the present 113813 action against Defendant. Although the Account is now in litigation, Plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible. FIRST CAUSE OF ACTION (Account Stated) 10. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 11. Within the last four(4)years, Defendant became indebted on the Account to Plaintiff in the sum of$2,278.76 on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff. 12. Defendant used the account numerous times, and made numerous payments, as evidenced by the attached statements. 13. Defendant never made any objections to any charges, nor did the defendant dispute the amounts. 14. Plaintiff has made demand on Defendant for repayment of the account stated but Defendant has failed and refused to pay the balance due. 15. As of the date of this complaint, there is a total amount due and owing of $2,278.76 (Please see attached documents) WHEREFORE, Plaintiff demands Judgment in its favor and against the defendant(s) in the amount of$2,278.76 plus court costs and interest.. Date: ✓ � J 1 MIDLAND F LLC By: Daniel J. Santucci Attorneys for Plaintiff MIDLAND FUNDING LLC 113813 VERIHCATION !, f.)arliel Santucci, Attorney for the plaintiffan•1 authorized to make this verification oil plaintiffs behalf, due to the nature of the complaint, it,thg i1 is a Complaint tiled in connection with Defendant's :Preliminary Objections. Plaintiff will substitute verification. The facts set Iorth in the forgoing pleading are true and correct. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. `4104 relating to tlnsworn falsification to al.10101-ities. C)at.e Daniel .I. Santucci, .,sq. Daniel J. Santucci,Esq. Attorney ID#92800 P.O.BOX 517 Essington,PA 19029-0517 866-626-5053 x 61000 MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS 8875 Aero Drive, Suite 200 CUMBERLAND COUNTY San Diego, CA 92123 CIVIL ACTION Plaintiff, NO. 2013-4216 VS. ANGELA ALIANIELLO Defendant(s). AFFIDAVIT OF NON-NIILITARY SERVICE Commonwealth of Pennsylvania: County of Philadelphia 1, 0/�Iy ! d (_C/44I''jbeing duly sworn according to law, depose and say I am an employee of the plaintiff and I am authorized to make this affidavit on Plaintiff's behalf. I hereby certify that the defendant is at least 18 years of age and not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Service member's Civil Relief Act of 2004 and any amendments thereto. I also hereby certify that the statements made in the foregoing Affidavit of Non-Military Service are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: I l— [ �j MIDLAND FUNDING LLC By: Sr[gn'a Mre 113813 EXHIBITS 113813 Payment Due Date New Balance Past Due Amount Minimum Payment 01/10111 $2,278.76 $653.00 $751.00 Account number f 2631 Make your check payable to: WX Chase Card Services. • Please write amount enclosed. New address or e-mail? Print on back. 36139 BENZ 347100 1u�11111111nlelnlnllnrlllnnlielrinrllnlrinrllnllnl ANGELA M ALIANIELLO 369 E 89TH ST APT 22D CARDMEMBER SERVICE NEW YORK NY 10128-5293 PO BOX 15153 WILMINGTON DE 19886-5153 lurllllmurllulrllulnlrlullrllllurrlin111111nlullrl CHASEO I3 Manage your account online: Additional contact Information www.chase comlcredkcards conveniently located on reverse side ACCOUNT SUMMARY PAYMENT INFORMATION Account Number 2631 New Balance $2,278.76 Previous Balance $2,200.18 Payment Due Date 01/10/11 Fees Charged +$25.00 Minimum Payment Due $754.00 Interest Charged +$53.58 Late Payment Warning: If we do not receive your minimum New Balance $2,278.76 payment by the date listed above,you may have to pay a late fee of up to$35.00 and your APR's will be subject to increase to a Opening/Closing Date 11/14/10-12/13/10 maximum Penalty APR of 29.99%. Total Credit Line $2,000 Minimum Payment Warning:If you make only the minimum payment each period,you will pay more in interest and it will take Available Credit $0 you longer to pay off your balance. For example: Cash Access Line $400 Available for Cash $0 If you make no You w ll pay off the And you will end up additional charges balance shown on paying an estimated using this card and this statement in total of... each month you about... pay... Only the minimum 22 years $7,478 payment If you would like information about credit counseling services,call 1-866-797-2885. The outstanding balance on your credit card account is scheduled to be written off as a bad debt shortly. As a result,your credit bureau will be updated with a negative rating that could last for up to seven years. We can still help,but you need to call us now at 1-888-792-7547(collect s-302-594-8200). Important Message:You Are Overlimit! Your statement balance exceeds your credit line.You should make a payment that includes the overtimit amount to bring the balance under your credit line. This account is closed and no longer available for use. If you have a balance remaining on the account,please continue to make monthly payments by the due date. Thank you. FLEXIBLE REWARDS SUMMARY Previous Points Balance 0 Thank you for using the credit card that earns Points Eamed on Purchases This Period 0 rewards that can be used for travel,gift cards, Points Earned Through Chase Rewards Plus 0 cash,or merchandise. Remember,you can New Total Points Balance 0 earn points by using your Flexible Rewards credit card for everyday purchases like groceries,gas,and drugstore purchases. Your Chase Flexible Rewards credit card earns 1 point for every$1 you spend on purchases. Earn up to an additional 10 points while shopping online through www.chase,com/rewardsplus. Add authorized users,and sign up to have your monthly bills charged to your card,too. Why not get rewards for all those purchases too? Its that simple. Simply go chase.corn/rewards to choose your reward today! Redeem your points anytime,or just check out new offers at www.chase.corn/rewards. ACCOUNT ACTIVITY Date of Transaction Merchant Name or Transaction Description $Amount ..P MINIM .fr rwr }'e�.i r< L., h. s.t«' 'C.1'a:r�. u�r a�dnl�ei�7 MEN,71311121 e 12/10 LATE FEE 25.00 TOTAL FEES FOR THIS PERIOD $25.00 N' c r 51"'W" -�,�,r kxY` i��i.i}i nos r��r asr�fr5 A;�„�7'1,'dfSS,TLrdn?S�'EnF7�,:�r i;ti' e:'alb sr'r3NP. OWN' �r xr �a$✓ 12/13 PURCHASE INTEREST CHARGE 53.58 TOTAL INTEREST FOR THIS PERIOD $53.58 This Statement is a Facsimile-Not an original 0000001 FIS33338 D 9 000 N Z 13 10/12/13 Page 1 of 2 05686 MAMA 36139 34710DOOD90003013901 X 0050 Address Change Request Please provide information below only•ff the address information on front is incorrect. Street Address: — -------------------- City: — ------------ State: -- Zp: ----- --- Home Phone: --- --- ———— Work Phone: --- --- ———— E-mail Address: ---------------------------- To service and manage any of your account(s),we,our representatives,JPMorgan Chase representatives,and/or affiliates,may contact you at any telephone number you provide to us. Please refer to your Cardmember Agreement for additional details about the use of your personal information Land/or visit our website shown below to provide us with additional contact information. To contact us regarding your account: sm Telephone: In 9 V :rte In U.S. 1-B00-845-2000 >� Espaftof 1-888-446-3308 Send Inquiries to: Mail Payments to: Visit Our Website: TDD 1-800-955-8060 y Pay by phone 1-800-436-7958 P.O.Box 15288 P.O.Box 15153 —chase com/creditcerds Outside U.S.call collect Wilmington,DE 19650-5298 Wilmington,DE 19886.5153 1-302-594-8200 ate tnformallon About Your Aecmmt advances,prommional balances or overdrail adwnoes).These cakuiations may CttmNlag of Paymonla:You may make payments by any of the bettors rated below. combine dirlerem categories wllh the sema periodic ra?es.Variable vats will vary The amount efyourpaymenl should beat Mast your minimum payment due,payable with the market based on the Prime Rate for such index dsserihe l in vour Aecoum In U.S.dolhrsaM drawn or payeaw througha US.Brwndal itatttuaion or the U.S Agireement).Therefsaminimuminteresrcharg"Sf.50 ter such ameum described branch of ll foreign dranclal payable t in your Account Agreemenp in any piling cycle in wbleh you on any periodic Interest charges,and a Iner alion raw for each balance transfer,cash advance,or You may make payments by regular U.S,mug.Send pour payment to the Payments check transaction;in the amounts stated in your Abeam,Agreement,as tt may be address shown on this statenrem.Your payments by mail must comply with the amended 71are a x foreign transaction in of 3%of the U.S.dolor amount of any instrddia.on this statement.Orr not send cash.Wed.yew Amount number on foreign trareactbn(or such amoantdesedbed in your Accotml Agreement). your Cheek of money enter Payments mast be accompanied by IM payment oeuDoA How to Avom Paying Interest on Pumbaalse:We begin assansarrg perlodkc interest In the erwaki provided with our address dsibtethrough the arrvelope window;the chargesona transaction,fee,or hearestchargeholli dateft lsadiedlo yourdaiy envelope=ivot contain mom than i me payment Or coupon;end them an be no balance until ycar Account Is paid in fall;es described in your Account Agreement. staples,paper clips,tape or eorrespontlenee Included whir Your paynrerd.r your Your duedale 11111 be a minimum of 21 days following the else of each bglincyce. payment h in accordance with ova payment Mshectbrs aixl a made..liable to us You can amid periodic Interest charges on new purchases when they are first billed on arty dayby5:00D•m.Meal time al our Paynrsntsoddress oniha statement,we will to a statement as described below,bar iffe does not apply to balance transfers, credit the payment to your Accourifn of that day.Ifyour payment is in accomence ashadiancesoroverdraftedvancas ilymmeafveacurrent-nII statement!haf withour payment instructions,but is node avaihbiato Ib after5:00 p.m.bcaltime includesrrawpurclasesandrmkeepeymem that vw receive byttledateandtlmethe at the Payments address on this statement,wa who credit it to your Aceount as of Minimum Payoent Is doctor that camment,we will not charge periodic imereeton the next calendar day, any portion at those now purchases that we allocate such paymert to.so long as 1) You may make payments eledronicaly,though our webslle shown on tills statement your curremsiatemem alsesiaws that we received payment 0 free ending balance If we receive your completed request moor-bealte by 5 P.M.Eastern Time,we will foryour previous month's statement by the date and time is Minimum Paymnwas credit your payment es of that day.If we momma,your request after 5 p.m.Pasteur out OR 2)that the ending bohna far your previous mOrtth's stefeutem was zero.If Time.we will credit your payment as of the Pax',calendar day.If you specify a future yrou have a balance other than a purchase balance and that balance carries a higher date in your request we will credit your payment as of that day. periodic interest rate,you may not be able to avoid Mrloda dot sd charges on new p tire hases it you do not pay year balance in full each month,Haim we ge"rally For all other payments or for any Payment lypeabuve for whicIn you do not follow our allocate payments IIrst to the ha lance with the highest periodic Interest rate. payment in Mundane.cmcmfng at your payments may ba delayed for up to 5 days. What to 0 I 11 You think You IF Ind A Mttlate on Year statement Accrued letonnallon Reyadeo to Credit Bunsus:We may report barometric about your Account to credit bureaus.late payments,initiated payments or other defaults If you think thrn is an error on your statement,wraw to as on a separate sheet on your Account may be reflected in youraredt report.If youthinkvre have reported at Customer Service,P.O.Box 15299 Wilmtagton,OF 19850-5299.Your may also lit.werelraormatlonloa credit bureau.you may Where us at the lnquldesaddress contact us an the web at cluse.com. She-on this stalemem. In your Miter,give us the following information: To Service and Manage Anyof VaurAaaual(s);We.ourrapaesentallves,JPMorgan -Account information:Your name and Acooum number. Chase representatives,andror affHhtem,may contact you at arty telephone number you provlele tour.Please rarer to your Cardin nber Agleam.am foradditicreeal details •Oouar aurcun:The dollar amount of the suspected error, about the use of your personal Informail". •Description of Problem:II you think them a ao error on your bill,describe Notice About Elictmme Check Correlations When you pay by check,you methodize what you belF..is wrong and why you bell—If Ise maka lsl . to eilher to use information from your check to make a one-here electronic fund You most contact as within 60 days after the seer appeared enyour statement. transfer from your account c to PMOOSS The paYnem as a check traraaction When we use information from your check torraka an electronic hint transfer,funds may You most notify as ei any potential errors to vn king or on the web at chme.com.You be whhdrrvn from your account as soon as the same day-we receive your payment, may call us,but h you do we are not rnth ad to imastlgme any paternal errors and and you will ram recent your check back from year mans.institution.Call the you may nave to payihe amount hi question. Customer Service number on this statemem it you have questions about eleetroolu While we imrestigatorvhehher or not Ilrero has been an era,the fggovdng are ime: chtokcibHootion or do not want your payments petaled elesmmicaly. Conditional Payments:Any payment check or other renal payment(hat you send -Wecanret UytocoilscilbeempuntingMSIiM Orreeortyouasdebnairemon defer lessllanthe full balance duethatlsmarked'Paid in full'or contains a similar that—um. notation,or than you otherwise tender in full satisfaction of a disputed amount. .Thecharge,in question may renaln on yourstatsmeal,and we may cominue must be sent to Card Services,P.O.Box 15049,Wilmington,DE 198503049.We to large you Iraarest on that amount.But.If we determine Helm made a reserve all our rights reswrdi!lase payments(e-g.,If it Is determined there is me mistake,you will vat have to pay the ull In question or ary Interest or valid dispute or 9 any sal dmek is resolved at any other address,we may accept oche,fees related to that smmid, the check and you will still owe any remalnmg balance).We may refuse to accept any such payment by returning It to goal,not cas),ling it or destroying a.Ali other •White you do not lave to Day the amount In quafloa,you arc responsible for payments that you make should W win to the regular Payment address shown on the mmalridu of your he[.... this statement. •lye can apply any financed amour against your credit limit. An rwl RenewAccount al Notes:It year Acc Agn:ement has an,annual membership fee Your Rights H You Are Dlstalwited With Your Creole Cam PPmhUM and/or sbnilar charge for issuance or oveihbfffty of your account.It will be billed each year Or in mouthy or quartarlyirelaltments.Thisfee arrdorohargearegwed whether It you are disatlslledwbh the loots orse keelhatyou hive purctorwim,th your arnot yeuuseyotlrA=um,andyvuagmtlopay tirnwhenbilled.Theahalal credit card,and you havetned in good faith to caned the Probbmwith the mercre rat, tee and charge are non-refunoabb nrdess you n effl us that you wait to close your you may have me right not to pay the remaining amount due an the purchase. account within 30 days prone tilliing cycle(whichever Is Isee after we provide the smisawmi oa witch the annual fee or charge la billed and at the same tints,you pav Tome this rig Ind,at of t he following most be ime: your outstanding balance In tut.It you do this.for a charge Celled more often than 1.The Vu-chase mist have been made in your home state or wfmfn 100 miles annually Such as a monthly servfee charge,you will mx owe Itre ami billed charge, of yrour current mailing address,and the pgmiaae price must have been however,prior billed charges are nonrefundable and mustbe paid as part of paying amre than 550.(Note:Nohlar of these am neeessery If your pumiasa was your outstanding balance In full.Your payment of the annual fee or charge dome not based on an advertisement we nailed lo you.or 0 we owl compan ytreal affect our rights to ctoseyour Aceount endlo gmelyoarni maketrensoctions on sell you the goods or services.) your Account.If your Account Is closed by you of aa,we will cominue to impose the annual lee and/orcharge all you pay your oubriandlng babncele full and terminate 2.You null have and your credit card forilre purchase.Purchasanade with your Account relationship. Iasi advances from an ATM or with a check the acsasses your credit card Account do not quality. Cakalallon of Balarca Subject to Informal Rate:To lit your periodic Interest charges for each biping cycle when a dairy Perbdhc'stets)aPPrres.v+e use the daily 3.You must not yet have fully paid fertile purchase, balance method(Including current trxaea ens).To figure your periodic Interest If all of the criteria shove are reel and you are stir dhsa051kd with the purchase, charges for each billing oycla variant a 0aoml9y periodic reta(s)applies,vre use the contact as In writing at Customer Servke.P.O.Box 15299 yl8nimgtoo, DE average daily bahnre method(including current transactions).For an exPlanalion of 1985(}5299 or on the web at cl rac.—t. either method.or questions about a paitkuhr interest charge calculation an your statemenl,please cap deal the toll free cinema-service phone number Ilsadabove. Whie we irvestigate,the same rules apply 10 the disputed amount as discussed We calculate pmiodic informal charges,using the applicable periodic rates shown above.After wa finfebour investigation,wewfli you our dech im Albert Point,9 on this s[ataurronl,sepantety for acre!eafure(e.g.,balance transfer checks arxl vre think you owe an amount and you do rot pay we may report you as deHnquem. cesh advance checks(`check irinnefler i rumen es,balance transfers,cash MA11162010 Statement Date: 11114110-12113/10 Account Number: 2631 Page 2 of 2 Total fees charged in 2D10 $295.OD Total interest charged in 2010 $510.36 Year-to-date totals reflect all charges minus any refunds applied to your account. INTEREST CHARGES Your Annual Percentage Rate(APR)is the annual interest rate on your account. Annual Balance Accrued Balance Percentage Rate(APR) Subject To Interest Interest Type 30 Days In Cycle Interest Rate Charges Charges Purchases 29.24%(v) $2,229.26 $53.58 $0.00 Cash Advances 29.24%(v) $0.00 $0.00 $0.00 Balance Transfer 29.24%(v) $0.00 $0.00 $0.00 (v)=Variable Rate Please see Information About Your Account section for the Calculation of Balance Subject to Interest Rate,Annual Renewal Notice, How to Avoid Interest on Purchases,and other important Information,as applicable. This Statement is a Facsimile-Not an original X 0000001 FIS33338 0 8 000 N Z 13 10/12/13 PaW 2 0f 2 05686 MAMA 36139 34710000090003613902 CHASE 0 BILL OF SALE Chase Bank USA, N.A. ("Seller"), for value received and pursuant to the terms and conditions of Credit Card Account Purchase Agreement dated November 20,2009 between Seller and Hideo Receivables, LLC ( Purchaser"), its successors and assigns ("Credit Card Account Purchase Agreement"), hereby assigns effective as of the File Creation date January 6, 2011 all rights,title and interest of Seller in and to those certain receivables,judgments or evidences of debt described in Exhibit 1 attached hereto and made part hereof for all purposes. The names(s) of the Borrower(s), the Account Number assigned by Seller to the Borrowea(s)'Accounrt,the Unpaid Balance as of the File Creation Date referenced in the Credit Card Purchase Agreement for each and every Account, the Borrower(s)' Social Security Number, the Borrower(s)' Horne Address,the Borrower(s)'Phone Number and other information related to the Borrowers and the Accounts as kept and maintained in the business records of the Seller in its ordinary course of business is contained in the File referenced in Exhibit C hereto and Exhibit D of the Credit Card Purchase Agreement and transferred to Purchaser herewith. Furthennore,Seller attests and affies that documents(as that term in used in Section 6 of this Credit Card Purchase Agreement)as maintained in the ordinary course of its business are available to Purchaser upon request as set forth in Section 6 of this Credit Card Purchase Agreement, including but not limited to applications by Borrower(s) whose Accounts are being transferred hereby as well as statements reflecting or related to the Unpaid Balance as of the File Creation Dace as reflected in the Seller's business records. Amounts due to Seller by Purchaser in hereunder shall be paid U.S.Dollars by a wire transfer to be received by Seller no later than January 12,2011 (the"Closing Date )by 2:00 p.m.Seller's time,as follows: This Bill.of Sale is executed without recourse except as stated in the Credit Card Account Purchase Agreement to which this is an Exhibit.No other representation of or warranty of title or enforceability is expressed or implied. LL Chase.flank USA,N.A. °�fidrarFt By: � -�• By: Date: January 7.2011 Date: _ .� Title T-cam Loder Title Q �_ AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR STATE OF NEW YORK. ) )ss.; COUNTY OF NASSAU ) 4L'rj:t\) i• �MQW- being duly sworn, deposes and says: I am over 18 and not a party to this action.I am an officer of JIM.organ Chase Bank,N.A. and am authorized on behalf of Chase Bank USA,N.A.to execute this affidavit. In my position,I am aware of the process of the sale and assignment of electronically stored business records. On or about 116/2011, Chase Bank USA,,N.A. sold a pool of charged-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Equable Ascent Financial, LLC flea Hilco Receivables, LLC. As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in ordinary course of business of Chase Bank USA,N.A.. I am not aware of any errors in these accounts. The above statements are true to the best of my knowledge. 'Tw Signed this J day of e-VT Martin P.Ln rrgne C, K2W �1//� �y�fy�'/ p,qr ,y� �7 O ,before me appeared - personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their si nature(s)on the instrument,the individual(s), or the person upon behalf of which the indi ua(s)acted, exec t e instrument. ` t Notary ILL e f AFFIDAVIT OF SALE OF ACCOUNTS BY.DEBT SELLER State of Illinois, County of Lake. Jeff Hasenmiller being duly sworn,deposes and says: 1 am over 18 and not a party to this action. I am the Legal Agency Network Manager of Equable Ascent Financial, LLC. In that capacity, I have access to certain books and records of Equable Ascent Financial, LLC, and certain of its subsidiaries and affiliates(altogether,"Debt Seller"),and am generally aware of the process relating to Debt Seller's electronically stored business records. Equable Ascent Financial, LLC owns certain accounts,and maintains and records information in the records as they relate to such accounts. I am authorized to snake the statements and representations set forth in this affidavit on behalf of Equable Aseent Financial, LLC. The statements set forth herein are true and correct to the best of my knowledge, information,and belief, based on either personal knowledge or review of the business records of the Debt Seller. My duties include having knowledge of,or access to,certain business records relating to the Accounts(as defined below). These records are kept by Equable Ascent Financial, LLC in the regular course of business, and it was in the regular course of business of Equable Ascent Financial, LLC for an employee or representative with personal knowledge of,or from information transmitted by someone with personal knowledge of, the act,event, condition,or opinion recorded to make memorandum or records thereof,and the temorandum or records were made at or near the time the information was received by the Seller or the time of the act,event,condition or opinion recorded,or reasonably soon thereafter. On May 14, 2012, Equable Ascent Financial, LLC sold a pool of charged-off accounts(the "Accounts") by a Purchase and Sale Agreement and a Bill of Sale to Midland Funding LLC. Equable Ascent Financial, LLC had previously bought the Accounts from Chase Bank USA, N.A. on or around 1/[2/201 1. The creditor was Chase Bank USA,N.A. Pursuant to the sale, Equable Ascent Financial, LLC sold, assigned and transferred to Buyer good and marketable title to the Accounts and any unpaid balance free and clear of all liens,encumbrances, security interests and pledges of any kind. I am not aware of any errors in the Accounts. In connection with the sale of the Accounts,electronic and other records were transferred to or otherwise made available to the Buyer(the"Transferred Records"). The Transferred Records are kept by Equable Ascent Financial, LLC in the regular course of business,and it was in the regular course of business of Equable Ascent Financial, LLC for an employee or representative with personal knowledge of,or from information transmitted by someone with personal knowledge of,the act, event,condition, or opinion recorded to make memorandum or records thereof,and the memorandum or records were made at or near the time the information was received by the Seller or the time of the act,event, condition or opinion recorded,or reasonably soon thereafter. To the extent that the Transferred Records include records that were prepared by a third party,they are records that were incorporated into the records of Equable Ascent Financial, LLC as a business record and the accuracy oFsuelt records are relied upon by Equable Ascent Financial, LLC in the regular course of business. The above statements are true to the best of my knowledge. Ctu 6774295v.I ° r ' Signed tliis—j---2—day of—if T , 2012. filler Sworn before me this` �_ _clay of i ,20112. 1 [:Mj ,INO S ( o ry Sta p} 4115 [CERTIFICATE OF CONFORMITY[ STAT E OF ILLIONIS CITY OF LAKE The undersigned does hereby certify that she is an attorney at law duly admitted to practice in the State of Illinois and is a resident of Des Plaines, in the State of Illinois;that she is a person duly qualified to make this certificate of conformity pursuant to the laws of the State of Illinois;that the foregoing acknowledgment by Jeff Hasenmiller named in the foregoing instrument taken before Maryanne Sinitean a notary in the State of Illinois, was taken in the manner prescribed by such laws of the State of Illinois, being the State in which it was taken;and that it duly conforms with sue laws and is in all respects valid and effective in such state. Date Nidhi Soni, Attorney at law for the State of Illinois 2 BILL OF SALE THIS BILL OF SALE,dated as of May 14,2012,is by and between Equable Ascent Financial, LLC,a Delaware limited liability company(the"Seller"),and Midland Funding LLC,a Delaware limited liability company(the"Buyer"). For value received, pursuant to the terms and conditions of that certain Account Purchase and Sale Agreement,dated as of April 19,2012,between Seller and Buyer(the"Agreement"), Seller does hereby sell,assign and transfer to Buyer,and Buyer does hereby purchase from Seller all ri ht title and 4ZA16.r in and to the Acwunts described in that certain electronic.file named �� Unless otherwise defined herein,a capita ize terms appearing in this Bill of Sale sha Wavot a nings defined for such terms in the Agreement. Seller represents and warrants that all of the information contained in the Cutoff File,the Purchased Accounts File,the Chain of Title File and any other information Seller provides to Buyer concerning the Accounts(collectively,"Seller's Accounts Information")(a)constitutes Seller's business records regarding the Accounts and(b)accurately reflects in all material respects the information about the Accounts in Sol lei's possession, including electronic data of the Original Creditors and Previous Sellers regarding the Accounts,which Seller relied upon and accurately incorporated into its business records regarding the Accounts. All of Seller's Accounts Information has been kept in the regular course of Seller's business and(a)was made or compiled at or near the time of the act,event,condition or opinion recorded and recorded by a person with knowledge of(or from information transmitted by a person with knowledge of)the act,event,condition or opinion recorded or(b)was received from an Original Creditor or Previous Seller,and incorporated into its business records regarding the Accounts. It is the regular practice of Seller's business to maintain and compile such data. This Bill of Sale will be binding on the parties and their respective successors and permitted assigns. Neither party may assign this Agreement without the prior written consent of the other party. This Sill of Sale and Assignment and Assumption Agreement shall be governed by the laws of the State of New York without giving effect to its principles of conflict of laws. Buyer and Seller hereby irrevocably and unconditionally submit to the jurisdiction of any State court sitting in New York County and the United States District Court of the Southern District of New York. Each party hereby irrevocably ..............-and unconditionally.waives.any..objection.to.tlle.laying.of venue.III any_sucU court.and any claim that such . .......................................... court is an inconvenient forum. SEI LLR: BUYER: EQUABLE ASCENT FINANCIAL,LLC MIDLAND FUNDING LLC By: _ S Name: ♦t '�,—k f41%fi l Name: ?A-4L, 61Z KK& Title: C Title: TgEA9WV A Droved by Legal Field Field Data CO—Amt 2278.76 Account MEM2631 originaIcreditor Chase Bank USA, N.A(WAMU) Name ALIANIELLO,ANGELA M Streetl 478 WATERLEAF CT City MECHANICSBURG State PA zipcode 17050 SSN *****2652 homephone 7178380526 ContractDate 2008-08-29 00:00:00 Cha rge OffDate 2010-12-3100:00:00 Sale Amount 2278.76 Client Last Paid Date 2010-07-09 00:00:00 Client Last Paid Amount 60 Data printed by Midland Credit Management, Inc.from electronic records provided by Equable Ascent Financial, LLC pursuant to the Bill of Sale/Assignment of Accounts transferred on or about 05/14/2012 in connection with the sale of accounts from Equable Ascent Financial, LLC to Midland Funding LLC. !"H -OFF IC F fl-!E PROTHONOTAR)" 2R3 DEC I I PH I: 25 CUMBERLAND CONY PENNSYLVANIA Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Defendant MIDLAND FUNDING, LLC; : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ANGELA ALIANIELLO, : NO. 13-4216 Civil Defendant DEFENDANT'S PRELIMINARY OBJECTION'S TO PLAINTIFF'S "AMENDED COMPLAINT" COUNT I - MOTION TO STRIKE FOR INCLUSION OF IMPERTINENT MATTER PURSUANT TO PA.R.CIV.P. 1028(a)(2) 1 Plaintiff devotes a great deal of space in its Complaint to self-congratulatory narrative about its approach to its customers, implying that Defendant is somehow of questionable character or otherwise lacking in that Plaintiff felt that it had to bring the captioned action against Defendant. 2. That material in Plaintiff's Complaint, is impertinent and renders the Complaint subject to striking pursuant to Pa.R.Civ.P. 1028(a)(2). WHEREFORE, Defendant requests this Honorable Court to strike Plaintiff's Complaint, and to provide any other relief the Court may deem appropriate. COUNT II - MOTION TO STRIKE FOR LACK OF CONFORMITY TO LAW OR RULE OF COURT PURSUANT TO PA.R.CIV.P. 1028(a)(2) 3. Defendant filed preliminary objections to the Plaintiff's original Complaint, doing so by mailing on September 18, 2013; presumably, those preliminary objections actually reached the Prothonotary's Office on or about September 19, 2013. 4. In any event, as the Certificate of Service attached to those preliminary objections discloses, the undersigned served Plaintiff's counsel with a copy of said preliminary objections by first class mail, postage prepaid, on September 18, 2013. 5. Pa.R.Civ.P. 1028(c)(1) allows a party to file an amended pleading in response to preliminary objections, doing so as a matter of course, if the amended pleading is filed within twenty (20) days from the date of service of the preliminary objections. 6. The only other alternative available to one who seeks to amend a pleading is to do so by stipulation, or to procure an order of court allowing the amendment; see Pa.R.Civ.P. 1033. 7. Plaintiff never sought, and has not received a stipulation for amendment of its original Complaint; furthermore, there is no order of court of record permitting such an amendment. 8. Plaintiff filed and served what purported to be its amended Complaint in response to the original preliminary objections on or about October 21, 2013; the amendment probably arrived in the official file no earlier than October 22, 2013. 9. The "Amended Complaint" therefore fails to comply with law or rule of court in that the amendment was submitted beyond the time frame permitted by Pa.R.Civ.P. 1028, and 2 no order allowing amendment has been entered. WHEREFORE, Defendant requests this Honorable Court to enter an order striking Plaintiff's "Amended Complaint," and to provide any other relief the Court deems appropriate. I"I o ao�3 ate AWffiony T. McBe Es . Attorney for Defenbdnt 407 North Front St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. 53729 3 MIDLAND FUNDING, LLC; : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ANGELA ALIANIELLO, : NO. 13-4216 Civil Defendant CERTIFICATE OF SERVICE I, Anthony T. McBeth, Attorney for Defendant, hereby certify that I have served the attached document by placing same in the United States mail,first class, postage pre-paid addressed as follows: Daniel J. Santucci, Esquire Attorney for Plaintiff P.O. Box 517 Essington, PA 19029-0517 ka— 4'e"Ji qr..T- tAt. 0 to Anthony T. Mc h, Attorney for De dant 407 North Front t., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 Daniel J. Santucci,Esq. Attorney ID#92800 P.Q.BOX 517 Essington,PA 19029-0517 866-626-5053 x 61000 MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS 8875 Aero Drive, Suite 200 CUMBERLAND COUNTY, PA Gam,, , San Diego,CA 92123 ' ' CIVIL ACTION ci7 y, co Plaintiff, NO. 2013-4216 „ vs. ANGELA ALIANIELLO ' .-t co Defendant(s). ANSWER TO PRELIMINARY OBJECTIONS Plaintiff,MIDLAND FUNDING LLC,through its attorney, Daniel J. Santucci,does hereby answer defendant's preliminary objections to complaint, and states as follows: 1. Denied,plaintiff simply spells out the circumstances that has brought this action before the Court. 2.The matter is not imperteninet, it simply spells out the circumstances by which this case came to court. WHEREFORE,plaintiff request that the Objections be dismissed, and Defendant be made to file an Answer within 20 days. Respectfully sub• ttted Ad(' .."/ 1111:1 Pan antucci, Esq. 0 1111 II 111 I 1111 * Q 1 1 3 8 1 3 A N S 5 - 1 - * 113813 Daniel J: Santucci,Esq. Attorney ID#92800 P.O.BOX 517 Essington,PA 19029-0517 866-626-5053 MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS 8875 Aero Drive, Suite 200 CUMBERLAND COUNTY, PA San Diego, CA 92123 CIVIL ACTION Plaintiff, NO. 2013-4216 vs. ANGELA ALIANIELLO Defendant(s). BRIEF IN SUPPORT OF PLAINTIFF'S REQUEST TO OVER RULE DEFENDANT'S PRELIMINARY OBJECTIONS Statement of The Case Plaintiff MIDLAND FUNDING LLC, filed suit against the Defendant for the balance of a credit account that was due and owing. Defendant filed Preliminary Objections to said complaint. Argument Defendant argues that there is an impertinent matter attached to the complaint,but does not state what the impertinent matter is, or how it is an impertinent matter. The defendant only argues that it somehow calls into question the character of the defendant. It does not, it simply explains how this case came to Court. This case is for a small balance, as it is a District Justice appeal. Rule 126.Liberal Construction and Application of Rules. The rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable. The court at every stage of any such action or proceeding may disregard any error or defect of procedure which does not affect the substantial rights of the parties. "the rules of civil procedure are designed to achieve the ends of justice and are not to be accorded the status of substantive objectives, requiring rigid adherence ... Courts would not be astute in enforcing technicalities to defeat apparently meritorious claims"Lewis V. Erie Ins. Exchange, 281 Pa. Super 193,199 421 A.2d 1214.1217(1980) Conclusion Plaintff has created a complaint in connection with a District Justice appeal filed by the defendant,and that complaint spells out what the plaintiff is asking the defendant for. The Preliminary objections are meritless and should be denied. 113813 • Respectfully sub ed, „ � Daniel Santucci, Esq. 113813 Daniel J. Santucci,Esq. Attorney ID#92800 P.O.BOX 517 Essington,PA 19029-0517 866-626-5053 c ■ MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS -vts M 8875 Aero Drive, Suite 200 CUMBERLAND COUNTY, PA San Diego, CA 92123 CIVIL ACTION Plaintiff, NO. 2013-4216 Zp 3" ,)-f • G • VS. "J y ANGELA ALIANIELLO Defendant(s). CERTIFICATE OF SERVICE I Daniel Santucci, Esquire, counsel for the plaintiff, do hereby certify that I sent a true and correct copy of this Answer to Preliminary Objections,to the Defendant or if represented to the Defendant's attorney at the below listed address. i.1/ )/ DATE: izt (9 i P a Anthony T.Mcbeth Attorney for Defendant 407 N. Front Street First Floor Harrisburg, PA 17101 D..: 'antucci, Esq. 113813 PRAECIPE FOR LISTING CASE FORA GUMS T (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Mtd1owds.atnoi ,r�� LAG _Oa 4110inrello No. 4216 2013 r� _ •CP N mac: .-< -^t" -n 3;7 -3:7C N) —; 4T Term'! 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objection 2. Identify all counsel who will argue cases: (a) for plaintiffs: Daniel Santucci, Esq. P.O. Box 517, Essington, PA 19029 (Name and Address) (b) for defendants: Anthony T. McBeth, Esq. 407 North Front Street, l st FI, Harrisburg, PA 17101 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 15, 2014 Date: 6 gna re /9A/e gfYt Print your name 1. Attorney for F INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. s 1c4 —is e1,0 cool.[ba Li Llir- • [Wu 2.... 81/ 3 Pgillvis4rtY0' Co T IA Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Defendant MIDLAND FUNDING, LLC; : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ANGELA ALIANIELLO, NO. 13-4216 Civil Defendant PRAECIPE TO THE PROTHONOTARY: Please mark Defendant's Preliminary Objections to Plaintiff's "Amended Complaint" as withdrawn. Defendant will file a written Answer to Plaintiff's Amended Complaint within twenty (20) days of the date entere elow by the undersigned. hony T. Mc sq. Attorney for Dn 407 North Front ., First Floor Harrisburg, PA 17101 • (717) 238-3686 Supreme Court I.D. 53729 MIDLAND FUNDING, LLC; : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELA ALIANIELLO, Defendant : CIVIL ACTION - LAW : NO. 13-4216 Civil CERTIFICATE OF SERVICE I, Anthony T. McBeth, Attorney for Defendant, hereby certify that I have served the attached document by placing same in the United States mail, first class, postage pre -paid addressed as follows: Daniel J. Santucci, Esquire Attorney for Plaintiff P.O. Box 517 Essington, PA 19029-0517 ony T. McBersq. Attorney for De 407 North Front irst Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 ,IIJ jj''''�� l„tp rly r 4 ,;'��if� .. Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Defendant MIDLAND FUNDING, LLC; : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ANGELA ALIANIELLO, : NO. 13-4216 Civil Defendant NOTICE TO PLEAD TO: Midland Funding, LLC c/o its Attorney, Daniel J. Santucci, Esquire P. O. Box 517 Essington, PA 19029 You are hereby notified to plead to the New Matter raised herein within twenty (20 ays or judgment will be entered against you. to nthony T. M th, Es . Attorney forQof ndant 407 North Front St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. 53729 MIDLAND FUNDING, LLC; : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ANGELA ALIANIELLO, : NO. 13-4216 Civil Defendant DEFENDANT'S ANSWER AND NEW MATTER 1. Admitted, upon information and belief. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Plaintiff apparently seeks some sort of recovery. Any statement or implication to the effect that Plaintiff is entitled to such a recovery is denied. 4. Denied. After reasonable investigation, Defendant lacks information necessary to determine the truthfulness of this averment. If material, strict proof thereof is demanded. 5. Denied. This averment is a conclusion of law to which no response is required. 6. Denied. After reasonable investigation, Defendant lacks information necessary to determine the truthfulness of this averment. If material, (and it appears to not be material at all), strict proof thereof is demanded. 7. Denied. After reasonable investigation, Defendant lacks information necessary to determine the truthfulness of this averment. If material, (and it appears to not be material at all), strict proof thereof is demanded. 8. Denied. After reasonable investigation, Defendant lacks information necessary 2 to determine the truthfulness of this averment. If material, (and it appears to not be material at all), strict proof thereof is demanded. 9. Denied. After reasonable investigation, Defendant lacks information necessary to determine the truthfulness of this averment. If material, (and it appears to not be material at all), strict proof thereof is demanded. COUNT I -ACCOUNT STATED 10. The responses set forth above are incorporated herein by reference. 11. Denied. Defendant denies the "indebtedness." Further, there is no "writing" and no "writing" is attached to the amended complaint. 12. It is admitted that Defendant used the account from time to time. The remainder of the averment is denied as a conclusion of law to which no response is required. 13. Denied as stated. Defendant may not have contacted Plaintiff. But, Defendant did question the calculations to herself, including a usurious interest rate and confiscatory penalties. 14. Denied. Defendant does not recall receiving any "demands." Further, the amount Plaintiff claims is not due, in part for the reasons set forth in New Matter below. 15. Denied. This averment is a conclusion of law to which no response is required. To the extent that a response is required, the averment is denied in that the "amount due" is either not due at all or is grossly overstated. WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiff's amended complaint, entered judgment for Defendant and against Plaintiff, tax the costs 3 of this action against Plaintiff, and to provide any other relief this Court deems appropriate. NEW MATTER 16. Plaintiff's amended complaint fails to state a claim upon which relief may be granted. 17. Plaintiff's complaint is barred by the applicable statute of limitations. 18. Plaintiff charged an exorbitant rate of interest - and presumably continues to do so - making Plaintiff's purported balance artificially high; furthermore, the interest rate is usurious and unenforceable. 19. Plaintiff charged one or more exorbitant penalties which are unenforceable and, like the interest rate, makes Plaintiff's calculation of the "balance" artificially high. 20. Plaintiff has not given Defendant credit for all payments Defendant has made. WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiff's amended complaint, entered judgment for Defendant and against Plaintiff, tax the costs of this action against Plaintiff, and to provide any other relief this Court deems appropriate. ateVA A ony T. McBe , Esq. Attorney for Defe da t 407 North Front St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 4 VERIFICATION I, Anthony T. McBeth, am attorney for the Defendant in the captioned action. I am verifying the attached document forthe Defendant that she is outside the jurisdiction of this Court and her verification cannot be obtained by the time this document needs to be filed. I verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). � 3�'4 LL. - ate U APMony T. McB t Esqu MIDLAND FUNDING, LLC; : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ANGELA ALIANIELLO, : NO. 13-4216 Civil Defendant CERTIFICATE OF SERVICE I, Anthony T. McBeth, Attorney for Defendant, hereby certify that I have served the attached document by placing same in the United States mail, first class, postage pre-paid addressed as follows: Daniel J. Santucci, Esquire Attorney for Plaintiff P.O. Box 517 Essington, PA 19029-0517 ftafe A ony T. McBet , sq. Attorney for Defe 407 North Front St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 Daniel J. Santucci, Esq. Attorney ID # 92800 P.O. BOX 517 Essington, PA 19029-0517 866-626-5053 x 61000 MIDLAND FUNDING LLC 8875 Aero Drive, Suite 200 San Diego, CA 92123 vs. ANGELA ALIANIELLO Plaintiff, Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 2013-4216 ANSWER TO NEW MATTER 01 Plaintiff, MIDLAND FUNDING LLC, through its attorney, Daniel J. Santucci, does hereby Answer Defendant's New Matter, and states as follows: 1. Denied, Plaintiff is pursuing this action'on an account stated basis. 2. Denied, Plaintiff first filed its complaint on 5/22/2013 which was within the statute of limitations. 3. Denied, Plaintiff pursuing the charged off amount and filing fees, no additional amounts is being claimed. 4. Denied, Plaintiff pursuing the charged off amount and filing fees, no additional amounts is being claimed. 5. Denied, Plaintiff is pursuing the balance on the charge-off statement at the time the card was deactivated and no further payments was made. WHEREFORE, Plaintiff request that the Objections be dismissed, and Defendant be made to file an Answer within 20 days. 11 1, 1111 111 1 .*. 113813 1 3 A Respectfully sub dA Dalel Tr. 'cci, LW- Daniel J. Santucci, Esq. Attorney ID # 92800 P.O. BOX 517 Essington, PA 19029-0517 866-626-5053 MIDLAND FUNDING LLC 8875 Aero Drive, Suite 200 San Diego, CA 92123 vs. ANGELA ALIANIELLO Plaintiff, Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 2013-4216 CERTIFICATE OF SERVICE I Daniel Santucci, Esquire, counsel for the plaintiff, do hereby certify that I sent a true and correct copy of this Answer to New Matter, to the Defendant or if represented to the Defendant's attorney at the below listed address. DATE: Anthony T. Mcbeth Attorney for Defendant 407 N. Front Street First Floor Harrisburg, PA 17101 113813