HomeMy WebLinkAbout11-0889IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Midland Funding LLC ( -
assignee of CHASE ' ==
Chl ???t;?
aO
All-"q
N3
,
Plaintiff NO.
?`
V. CIVIL ACTION - LAW CD -r!
MARTHA MOFFITT
Defendant(s)
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the following pages,
you must take action within twenty (20) days after this Complaint and Notice are served, by entering a
written appearance personally or by an attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do so, the case may
proceed without you and a judgment may be entered against you by the Court without further notice
for any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or
property rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S BEDFORD ST.
CARLSILE, PA 17013
(717) 249-3166
FFG File # 273395
i Ilill IIII IINI IINI IINI IIII IIIiI IIMIII NII IIII IIII IIIII IIII
PA/PA_NTCDE
044
?7a
t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Midland Funding LLC
assignee of CHASE
Plaintiff
V.
MARTHA MOFFITT
Defendant(s)
NO.
CIVIL ACTION - LAW
NOTICIA
USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda
puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que
esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un
abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en
esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un
juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado
en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder
dinero o propiedad o otros derechos importante para usted.
UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO.
ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A
PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S BEDFORD ST.
CARLSILE, PA 17013
(717) 249-3166
FFG File#: 273395
PA/PA_NTCDE
COURT OF COMMON PLEAS OF CCQ,,,V ? jLk' Ca fwd COUNTY
MIDLAND FUNDING LLC, as Assignee of
CHASE
Plaintiff
-vs-
MARTHA MOFFITT,
Defendant(s).
No:
CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes Plaintiff, by and through its attorneys, Fulton, Friedman, & Gullace,
LLP, and files this Complaint and in support avers as follows:
1. Plaintiff is the current owner of, and/or successor to, the obligation sued upon,
and was assigned all the rights, title and interest to defendant's CHASE account
XXXXXXXXXXXX0759 (MCM Number 8535848171) (hereinafter "the account").
2. Upon information and belief, Defendant(s) has a last known address of 51 MOUNTAIN
ST LOT 7, MT HOLLY SPGS, PA 17065.
3. Upon information and belief, this action is based upon a written credit agreement
entered into between defendant(s) and the original credit grantor.
4. Upon information and belief, defendant(s) used or authorized the use of the account
to obtain loans from the original credit grantor for the purpose of obtaining goods and/or
services and/or cash advances.
5. Defendant(s) failed to make full payment of the amount owed on the account.
6. MCM's records indicate that the last payment posted to the account on 2007-03-29.
7. The account shows that the defendant(s) owe(s) a balance of $8986.62.
8. Attached hereto, upon information and belief, is a copy of the credit agreement
provided to plaintiff as either the actual agreement applicable to defendant, or an exemplar of
such agreement applicable to accounts issued by CHASE.
IINIl 11 1¦1111I1111I
8535848171 AFFINDEBT
273395
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter Judgment
in favor of Plaintiff and against Defendant(s) in the amount of $8986.62, plus costs of this
action and any other relief as this Court deems just and reasonable.
By
David R. G al way
Attorney I. 87326
Fulton Frie an & Gullace, LLP
130B Get sburg Pike
Mechanics urg, PA 17055
Tel: (866) 563-0809
8535848171 AFFINDEBT 273395
Verification
Susan Rasmussen, being duly sworn (or affirmed) according to law deposes and says that
I am employed as a Legal Specialist for Midland Credit Management, Inc. ("MCM"),
servicer of this account on behalf of plaintiff. I am authorized to make this verification
on plaintiffs behalf. The facts set forth in the foregoing pleading are true and correct
upon information and belief.
Nnv On 2010
Date
Susan Rasmussen
STATE OF MINNESOTA
COUNTY OF STEARNS
Signed and sworn to (or affirmed) before me on
CARINA JEAN BOWMAN
Notary Pui'Minneww
MYCommisslon E?esJm- 31, 2016
AZ 16
Fulton, Friedman, & Gullace, LLP
NOV 03 2010
by Susan Rasmussen.
gof5iry Public
My commission expires:
8535848171 AFFINDEBT 273395
CMA18103
Cardmember Agreement
ACCEPTANCE OF THIS AGREEMENT
This agreement governs your credit card account with us referenced on the card carrier
containing the card for this account Any use of your accountis covered by this agreement.
Please read the entire agreement and keep it for your records. You authorize us to pay
for and charge your account for all transactions made on your account You promise to
pay us for all transactions made on your account, u well as any fees or finance charges.
If this is a joint account, each of you, together and individually, is responsible for paying
all amounts owed, oven if the account is used by only one of you. We may require that
you pay the full amount owed without first asking the other parson(s) to pay.
Please dgnthe back of your card when you receive it. You will be bound bythis agreement
it you or anyone authorized by you use your account for any purpose, even if you don't
sign your card. Whether you use your account or not, you will be bound bythis agreement
unless you cancel your account within 30 days after receiving your card and you have
not used your account for any purpose.
Throughout this agreement, the words vw','ue and *eve mean Chose Bank USA, N.A..
the issuer of your credit card and account The words W, ymrr and 'poW mean all
persons responsible for complying with this agreement, including the person who applied
for the account and the person to whom we address billing statements, as well as any
person who agrees to be liable on the account The word'canr means one or more cards
or other access devices, such as account numbers, that we have issued to permit you
to obtain credit under this agreement
USING YOUR ACCOUNT
Your account Is a consumer account and shall be used only for personal, family or
household purposes. Unless we agree or it is required by law, we will not be responsible
for merchandise or services purchased or leased through use of your account You
promise to use your account only for valid and lawful transactions. For example, i nternet
gambling may be !Nagel in some places. It is not our responsibility to make sure that you
use your account only for permissible transactions, and you will remain responsible for
paying for a transaction even it it is not permissible or contemplated underthis agreement
Types of Transactions:
• Purchase: You may use your card to pay for goods or services.
• Cbecka: We may provide you cash advance checks or balance transfer checks as a
wayto use your account We also refortothen in this agreementes a check or checks.
You may use a check to pay for goods or services, to transfer balances to your account,
or for other uses we allow. But you may not use these checks to transfer balances to
this account from other accounts with us or any of our related companies. Only the
person whose name is printed on the check may sign the check. Cash advance checks
are treated as cash advances and balance transfer checks are treated as balance
transfers except as noted in this agreement or any offerwe make to you. We may treat
checksthotwe call convenience checks as belancetronsfer checks. However, checks
that we call convenience checks and thatwe indicated to you are subject to the terms
for cash advances, may be treated as cash advances and assessed cash advance rates
and fees.
• Balance Travelers: You may transfer balances from other accounts or loans with other
credit card issuers or other lenders to this account or other balance transfers we allow.
But you may not transfer balances to this account from other accounts with us or any
of our related companies. If a portion of a requested balance transfer will exceed your
available credit line, we may process a partial balance transfer up to your available
credit line.
• Cub Advances: You may use your card to get cash from automatic lager machines, or
from financial institutions accepting the card, or to obtain travelers checks, foreign
currency, money orders, wiretransfers or similar cash-like charges,, or to obtain lottery
tickets, casino getting chips, race track wagers or for similar betting transactions. You
may also uses third party service to make a psymenton your behalf and bill the payment
to this account
• Overdraft Adsaacaa: It you have an eligible checking account with one of our related
banks, you may link this account to your checking account with our related bank to
cover an overdraft on that checking account under the terms of this agreement and
your checking account agreement
Billing Cycle: In order to manage your account we divide time into periods called'billing
cycles'. Each billing cycle is approximately one month in length. Foruch calendermonth,
your account will have a billing cycle that ends in that month. Your account will have a
biding cycle ending in each calendar month whether or not there is a billing statement
for that billing cycle.
Authorized Users: If you allow someone to use your account that person will be an
authorized user. You may request an additional card for use by an authorized user on
your account If you do so,this account may appear onthe credit reportofthat authorized
user. You should think carefully before allowing anyone to become an authorized user
because you are allowing that person to use the account as you can. You will remake
responsible for the use of your account and each card issued on your account according
to the terms of this agrewnent This includes your responsibility for paying all charges
on your account made by an authorized user.
You must notify us to tormmate an authorized user's permission to use your account if
you notify us,we may close the account and/or issue a now card or cards with a different
account number. You should also recover and destroy any cards, checks or any other
means of access to your account from that authorized user.
Credit Uno: Your credit line appears on your billing statements. We may also refer to the
credit line as a credit limit. Your billing statement may also show that only a portion of
your credit line maybe used for cash advances. Cash advances, including cash advance
checks, are charged against the cash advance portion of your credit line, and all other
transactions ere charged against your credit line. You are responsible for keeping track
of your account balance, including any fees and finance charges, and making sure it
remains below your credit line. It your account balance is over your credit line for any
resson,we may charge you an ovedmitfea as described In this agreement We may, but
are not required to, authorize charges that go over your credit line. You must pay any
amount over your credit line, and you must pay us immediately it are ask you to. This
agreement applies to any balance on your account, including any balance over your
credit line.
At our discretion, we may increase, reduce, or cancel your credit line, orthe cash advance
portion of your credit line, at any time. However, if you have asked us not to do so, we
will not increase your credit line. A changeto your credit line will not offectyour obligation
to pay us.
Irrlernatioul'Prountions: International transactions include any transaction that you
make in a foreign currency orthatyou make outside ofthe United States of America even
If it Is made in U.S. dollars. If you make a transaction in a foreign currency, Visa
International or MasterCard International, Inc., will convert the transaction into U.S.
dollars by using its respective currency conversion procedures. The exchange rate each
entity uses to convert currency is a rate that It selects either from the range of rates
available in the wholesale currency markets for the applicable processing date (which
rate may vary from the rate the respective entity itself receives), or the
government-mandated rate in effect on the applicable processing date. The rate in effect
on the applicable processing data maydi for from the rate on the date you used your card
or account We reserve the rightto charge you an additional 3% of the U.S. dollar amount
of any international transaction, whether that transaction was originally made in U.S.
dollars or was made in another currency and converted to U.S. dollars by Visa or
MasterCard. In either case, the 3% will be calcolated on the U.S. dollar amount provided
to us by that entity. The same process and charges may apply if any international
transaction is reversed.
Refusal to Aotheriza Traaseatimns: We may, but are not required to, decline a transaction
on your account for any of the following reasons:
• because of operational considerations,
• because your account is in default
• if we suspect fraudulent or unlawful activity or,
• in our discretion, for any other reason.
We are not responsible for any losses N a transaction on your account is declined for
any reason, either by us or a third party, even 0 you have sufficient credit available.
For online transactions, we may require that you register your account with an
authorization system that we select We will notify you if we want you to register. It you
do not register, we may decline your online transactions.
Rehnul to Pay Chula: Each check you write Is your requestfor funds. When we receive
a chock for payment, we may review your account to decide whether to authorize that
check. We may, but are not required to, reject and return unpaid a check for any reason,
including the following examples-
• We or one of our related companies is the payee on the check.
• Your credit firm or cash advance portion of your credit line has been exceeded, or would
be exceeded if we paid the check.
• The check Is post-dated. If a post-dated check is paid, resulting in another check being
returned or not paid, we are not responsible.
• You have used the check after the date specified on it
• You are in default orwould be if we paid the chock.
Lost or Stolen Cards, Checks or Account NumMam: If any card, check, account number
or other manna to access your account is lost or stolen, or you think someone used or
may use them without your permission, you must notify us at once by calling the
Cerdmember Service telephone number shown on your card or billing statement Do not
we your account after you notify us, even if your card, chick, account number or other
means to access your account is found or returned. We may terminate or suspend your
credit privileges when you notify us of any loss, theft or unauthorized use related to your
secant
You may be liable if there is unauthorized use of your account from which you receive
no benefit but you will not be Noble for more than $50.00 of such transactions, and you
will not be liable for any such transactions made after you notify us of the loss, theft or
unauthorized use. However, you must identily for us the unauthorized charges from which
you received no benefit.
We may requireyou to provide us information in writing to help us find out what happened.
We may also require you to comply with certain procedures in connection with our
investigation.
PAYMENTS
Payment Inst actions: Your billing statement and accompanying envelope include
instructions you must follow for making payments and sets forth the date and time by
which we must receive the payment
You agree to pay us amounts you owe in U.S. dollars drawn on funds on deposit in a U.S.
financial institution or the U.S, branch of a forelign financial institution using a payment
check, moray order or automatic debitthatwill be processed or honored by yourfinancial
institution. We will not accept cash payments. Your total available credit may not be
restored for up to 15 days after we receive your payment
Any payment chock or other form of payment which you send to us for less than the full
balance thatis marked 'paid in fug' orwith a similar notation orthatyou otherwise tender
in full satisfaction of a disputed amount (conditionsI psymentsh must be srmtto us atthe
conditional payments address listed on Your modthly statement We reserve all our rights
regarding such payments. For example, if it is determined there is no valid dispute or it
any such payment is received at any other address, we may acceptthe paymentand you
will still owe any remaining balance. We may refuse to accept any such payment by
returning it to you, not cashing it or by destroying It All other payments that you make
should be sent to the regular payment address shown on your monthly statements.
Page 1 of 6
We reserve the right to electronically collect your eligible payment checks, at first
presentment and any representinent, from the bank account on which the check is
drawn. Our receipt of your payment checks is your authorization for us to collect
the amount of the check electronically, or, if needed, by a draft drawn against the
bank account Payment checks will be collected electronically by sending the check
amount along with the check, routing and account numbers to your bank. Your bank
account may be debited as early as the same day we receive your payment. The
original payment check will be destroyed and an image will be maintained in our
records.
Minimum Payment You agree to pay at Nast the minimum payment due, as shown
on your billing statement, to that we receive it by the date and tine payment is due.
You may pay more than the minimum payment due and may pay the full amount you
owe us at any tire. 0 you have a balance that is subject to finance charges, the
sooneryou pay us,the loseyou will pay in finance charges because finance charges
accrue on your balance each day.
Your billing statement shows your beginning balance and your ending balance (the
'New Balance' on your billing statement). If the New Balance is $10.00 or less, your
minimum payment due will be the New Belance. Otherwise, it will be the largest of
the following: 51000; 2%ofthe New Balance; or the sum of 1% of the New Balance,
total billed periodic rate finance charges, and any billed late and overfimit fees. As
part of the minidnum payment due, we also add any amountpast due and any amount
over your credit line.
Payment Allocation: You agree that we are authorized to allocate your payments
and credits in a way that is most favorable to or comromientfor us. For example, you
authorize us to apply your payments and credits to balances with tower APRs (such
as promotional APRs) before balances with higher APRs.
Credit Balapcee: You may request a refund of a credit balance at any time. We may
reduce the amount of any credit balance by the amount of new charges or fees billed
to your account
Automatic Charging: You may authorize a third party to automatically charge your
a ccountfor repeat transactions (for example, monthly utility charges, memberships
and insurance promiumsj. If automatic charges are stopped for any reason (including
because your account is closed or suspended fa any reason) or your account
number changes, you are responsible for notifying the biller and paying these charges
directly. If your account number changes, we may, bid are not required to, pay from
your now account number charges thatyou authorizedto be billed to your old account
number.
Promo hoar. From time to time we may offer special terms for your account II we
do, we will notify you about the terms of the offer and how long they will be in effect
Any promotion is subject to the terms of this agreement, as modified by the
promotional offer.
FINANCE CHARGES
Daily Periedle Rates and Anneal Percentage Rates: Your assured percentage rates
!'APRs') and the corresponding daily periodic rates are listed on the Rates and Fees
Table that is at the and of this document or provided separately. To get the daily
periodic rate we divide the APR by 36% and in effect always round up at the fifth
place to the right of the decimal point
Variable Robs: One or amts APRs that applyto your account may vary with changes
to the Prime Rate. Wham you have an APR that varies with changes to the Prime
Rate, we calculate the APR by adding a margin to the Prime Rate published in The
Wale StrsWJoumal two business days before the Closing Date shown ern your billing
statement The'Prime Rate' la the highest (U.S.) Prime Rate published in the Money
Rates section of The WaNSHootJownel If The Well StreetJournalstops publishing
the Prime Rate, we will select a similar reference rate and inform you on your billing
statement or through a separate notice.
A'margin' is the percentage we add to the Prime Rate to calculate the APR. A
'business day' is any day that is not a weekend or federal holiday. The Rates and
Fees Table shows which rates, il any, ere variable rates. it also lists the margin for
each variable rate and any minimum daily periodic rate and corresponding APR.
Two business days before the Closing Date shown on your billing statement, we see
what the Prime Rate is. We then add the applicable margin to that Prime Rate to get
the APR. The daily periodic rate is calculated as described above.
It our calculation results in a change to a daily periodic rate from the previous billing
cycle because the Prime Rate has changed, the new rate will apply as of the first
day of your billing cycle that ends in the calendar month in which we made the
calculation. If the daily periodic tab increases, you will have to pays higher periodic
finance charge and may have to pay a higher minimum payment
Default Bata: Your APRs also may very if you are in default under this agreement
or any other agreement you have with us or any of our related companies for any of
the following reasons:
• We do not receive, for any payment that is owed on this account or any other
account or loan with us, at leastthe minimum payment due by the date and time
due.
• You exceed your credit line on this account
• You make a paymertto us that is not honored by your bank
If any ofthese events occurs, we mayincrease the APRs (including any promotional
APR) on all balances (excluding overdraft advances) up to a maximum of the default
rate stated in the Rates and Fees Table. We may consider the following factors to
determine your default rate: the length of time your account has been open, the
existence, seriousness oWtiming of the defaults on your account other indications
of your account usage and performance, information aboutyour other relationships
with us or any of our related companies; and information we obtain from consumer
credit reports obtained train credit bureaus. The default rate will take effect as of
the first day of the billing cycle in which the debuft occurs.
If we decide not to increase your APR even though there is a default or if we do not
increase your APR up to the maximum default no stated lathe Rates and Fees
Table, we reserve our right to increase your APR in the went of any future default
We may in our discretion determine to charge reduced default rates or reinstate
standard rates for all or selected balances on your account
Finance Charge Calculation - Average Daily Balance me" (Including New
Trasactionsk We calculate periodic finance charges separately for each balance
associated with a different category oftraneacSons (for example, purchases, balance
transfers, balance transfer checks, cash advances, cash advance checks, overdraft
advances, and each promotion). These calculations may combine different categories
with the some daily periodic rates. This is how it works:
We calculate periodic finance charges for purchases, balance transfers, balance
transfer checks, cash advances, cash advance checks, and overdraft advances by
multiplying the daily balance for each of those categories by the daily periodic rate
for each of those categories, each day. You may have overdraft advances only 0
you have finked this account to a checking accokmt with one of our related banks.
We calculate the periodic finance charges for purchases, balance transfers, balance
transfer checks, cash advances, and cash advance checks subjectto a promotional
rate the same way, but we use the promotional rate.
To get the daily balance for each day for each category:
• We take the beginning balance for that day.
• We add to that balance any new transactions, foes, other charges, and debit
adjustments that apply to that category. We add a new purchase, cash advance,
balance transfer or overdraft advance, if applicable, to the daily balance as of the
transaction date, or a laterdate of out choice. We Odd a new cash advance check
or balance transfer check to the daily balance as of the date the cash advance
check or balance transfer check is deposited by a payee, or a later date of our
choice.
• We subtract from that balance any payments, credits, or credit adjustments that
apply to that category and that are credited as of that day.
• We treat a credit balance as a balance of zero.
To got the beginning balance for each category for the next day, we add the deity
periodic finance charge to the daily balance. If more then one daily periodic rate
could apply to a category because the rate fox the category may very based on the
amount of its average daily balance, we will use the daily periodic rate that applies
for the average daily balance amount at the and of the billing cycle to calculate the
daily periodic finance charge each day. This agreement provides for daily
compounding of finance charges.
To get the total periodic finance charge for the billing cycle, we add all of the daily
periodic finance charges for each category for each day during that billing cycle.
However, it any periodic finance charge is due, we will charge you at Nast the
minimum periodic finance charge stated In the Rates and Fees Table. If ltis necessary
to add an additional amount to reach the minimum' finance charge, we add that
amountto the balance for purchases made during the billing cycle.
The total finance charge on your account for a billing cycle will be the sum of the
periodic finance charges plus any transaction foe finance charges.
For each cstegorywo calculate on everagodeily balance Oncluding nowtransactans)
for the billing cycle by adding all your daily balances and dividing that amount by
the number of days in the billing cycle. If you multiply the average daily balance for
a category byte applicable daily periodic rate, and multipiythe result bythe number
of days in the billing cycle, the total will equal the periodic finance charges for that
balance attributebleto that billing cycle, exceptior minor variations due to rounding.
Grace Period and Aeential of Fiosanso Charge: We accrue periodic finance charges
on a transaction, fee, or finance charge komtho date it is added to your deify balance
until psymentin fell is received on your account However, we do not charge periodic
finance charges on new purchases bailed during a billing cycle if we receive payment
of your New Balance by the date and time your mhmlmumt payment is due and we
received payment of your Now Balance on your previous billing statement by the
date and time your payment was due. This exception; or *grace period' applies only
to purchases and does not applyte balance transfers, balance transfer checks, cash
advances, cash advance checks or overdraft advances, if applicable.
Transaten Fees for Cab Advances: We may charge you a cash advance fee in
the amount stated in the Rates and Fees Table for cash advance checks and cash
advances.
In addition, if you use a third party service to make a payment on your behalf and
the service charges the payment to this account, we may charge a transaction fro
for the payment
These transaction fees are Senate charges. We add the fee to the balance for the
related category as of to transaction date of the cash advance. For example, a
transaction fee for a cash advance would be added to your cash advance balance.
TrsmscOos Free for Balance 11 auslrrs: We may charge you a belancetransferfee
In the amount stated in the Rates and Fees Table ter balance transfer checks and
balance transfers.
These transaction fees we finance eharges. We add the fee to the balance for the
rotated category as of the transaction date of the balance transfer. For example, a
transaction fee for a balance transfer would be added to your balance transfer
balance.
OTHER FEES AND CHARGES
We may charge the foilowin g fees. The amounts of these fees are hated in the Rates
and Fees Table. These fees will be added to the balance for purchases made during
the billing cycle.
Annual Membership Fe : If your account has an annual membership fee, it will be
billed each year or in monthly installments (as stood in the Rates and Fees Table),
whether or not you use your account, and you agree to pay itwhan billed. The annual
Page 2 of 6 CMA18103
membership fee is non-refundable wdusyou notify usthetyouwishto close youraccount
within 30 days of the date we mailyourbilling statement an which the annual membership
fee is charged and atthe some time, you payyruroutstonding balance infull, Your payment
of the annual membership fee doer not affactour right to close your account or limit your
right to make transactions on your account. H your account is closed by you or us, we
will continue to charge the annual membership fee until you pay your outstanding balance
in full and terminate your account relationship.
Late Fse If we do not receive at least the required minimum payment by the date and
time it is due as shown on your billing statement for any billing cycle, we may charge the
late fee shown in the Rates and Fees Table. If the Into tee is based on a balance, we
calculate the lets fee using the Previous Balance on the current month's statement that
shows the late fee. This balance is the some as the Now Balance shown on the prior
month's statement for which we did not receive at least the required minimum payment
by the date and time it was dire.
Overlimit Fee: If your account balance is war your credit line at any time during a billing
cycle, even if only for a day, we may charge an averimit fee. We may charge this fee
even 1 your balance is over the credit line because of s finance charge or fee we imposed
or a transaction we authorized. We will not charge more then one overfimit fee for any
billing cycle. But we may charge an ovedimit fee in subsequent billing cycles, even if no
new transactions are made on your account H your account balance still is over your
credit line at anytime during the subsequent billing cycles.
Return Paymeat Fee: If Is) your payment clack or similar instrument is not honored, (b)
an automatic debit or other electronic payment is returned unpaid, or (cI we must return
a payment check because it is not signed or cannot be processed, we may charge a
return payment fee.
Return Cback Fee: If (a) we stop payment on a cash advance check or balance transfer
check at your request, or (b) we refuse to pay a cash advance check or balance transfer
check, we may charge a return check fee.
Administrative Few. It you request a copy of a billing statement sales draft or other
record of your account or N you request two or more cards or any special services (for
example, obtaining cards on an expedited basis), we may charge you for these services.
However, we will not charge you for copies of billing statomerrts, sales drafts or similar
documents thetyou fewestfor a billing disputeyou mayassertagainst us under applicable
law. We may charge, for any services listed above and other services we provide, the
fees from time to time in effect when we offer the service.
DEFAULT/COLLECTION
We may consider you to be in default if any of these occurs:
• We do not receive atlaaatthe minimum amount due by the time and time due as shown
on your billing statemerdt
• You exceed your credit line.
• You fail to comply with the terms of this agreement or any agreement with one of our
related companies.
• We obtain information that causes us to believe that you may be unwihling or unable to
pay your debts to us or to others on time.
• You file for bankruptcy.
• You become incapacitated or in the event of your death.
If we consider your account to be in default we may close your account without notice
and require you to payyour unpaid balance immediately. We also may require you to pay
interest at the rate of two percent (2%) a month on the unpaid balance when we deem
your account to be six or more billing cycles past due.
To the extent permitted by law, if you ore in default because you have failed to pay us,
you will pay our collection costs, attorneys' fees, court costs, and all other expenses of
enforcing our rights underthis agreement.
CLOSING YOUR ACCOUNT
You may close your account at any time. If you call us to close your account, we may
require that you confirm your request in writing.
We may close your account at anytime or suspend your credit privileges at any time for
any reason without prior notice except as required by applicable law. If we close your
account, we will not be Eablo to you for any consequences resulting from closing your
account or suspending your credit privileges.
If you or we close your account, you and any authorized users must immediately stop
using your account and destroy ail cards, checks or other means to access your account
or return them to us upon request You will continue to be responsible for charges to your
account even I they are made or processed after your account is closed and you will
be required to pay the outstanding balance on your account according to the terms of
this agreemem In additions, to the extent allowed by law, we may require you to pay the
outstanding balance immediately or at any time after your account is closed.
ARBITRATION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY
BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO
TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER
REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN
ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL
NOT BE ABLE TO BE PART OFANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION
BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER
REPRESENTATIVE ACTION. IN THE ABSENCE OFTHIS ARBITRATION AGREEMENi, YOU
AND WE MAY OTHERWISE HAVE HAD A MONT OR OPPORTUNITY TO BRING CLAIMS
N A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED
IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER
REPRESENTATIVE ACTIONSI. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT
TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE
MORE LIMITED.IXCEPTAS OTHERWISE PROVIDED BELOW, THOSE RIGHTS AREWAIVED.
BindingArbltmdon. This Arbitration Agreementis made pursuantto a transaction involving
interstate commerce, and shall be governed by and be enforceable under the Federal
Arbitrati nAct(the'FAA'j,9U.S.C.11.16asitmaybeamended.ThisArbitrationAgreement
sets forth the circumstances and procedures under which claims las defined below) may
be resolved by arbitration instead of being fidgeted in court.
Pardo Covered. Forth e purposes of this Arbitrelion Agreement, NW, "u: , and 'our' also
includes our permit subsidiaries, affiliates, licemaess, predecessors, successors, assigns,
any purchaser of your Account and all of their officers, directors, employees, agents,
and assigrs or any and All of them. Additionally, ewe ;'us' and'oue shall include any third
party providing benefits, sarvioss, or products in connection with ft Account (including
but not limited to credit bureaus, merchants that accept any credit device issued under
the Account, rewards programs and enrollment services, credit insurance companies.
debt collectors, and all of their officers, directors, employees, agents and representatives)
if, and only I, such a third party is named by you as a co-defendant in any Claim you assert
against us.
Claims Covered. Either you or we may, without the other's consent elect mandatory,
binding arbitration of any claim, dispute or controversy by either you or us against the
other, or againstthe employees, parents, subsidiaries, affiliates, beneficiaries, agents or
assigns of the other, arising from or relating in Any way to the Cordmember Agreement,
any prior Cardmenber/groement your creditcard Account orth a advertising, application
or approval of your Account ('Claim'). This Arbitration Agreement governs all Claims,
whether such Claims are based on low, swum, contract, regulation, ordinance, tort,
common law, constitutional provision, or any legal theory of law such as respondent
superior, cr ony othe legel orequhabie grand and whether such Clams seek as remedies
money damages, penalties, injunctions, or deep rmory or equitable relief. Claims subject
to this Arbitration Agreement include Claims regarding the applicabilityof this Arbitration
Agreamentorthe validity of the entire Cardmerr¢er Agreement or any prior Cardmember
Agreement. This Arbitration Agreement Includes Claims that arose in the past or arise
in the present or the future. As used in this Arbitration Agreement, the term Claim is to
be given the brosdost possible meaning.
Claims subjectto arbitration include Claims that are mode as counterclaims, cross clams,
third party claims, interpleaders or otherwise, and a party who initiates a proceeding in
court may elect arbitration with respect to any such Claims advanced in the lawsuit by
any parry or parties.
As an exception to this Arbitration Agreement you retain the right to pursue in a small
claims court any Claim that is within that court's jprisdiction and proceeds on an individual
basis. If a party elects to arbitrate a Claim, the Arbitration will be conducted as an individual
action. Neither you nor we agree to any arbitration on a class or representative basis,
and the arbitrator shall have no authorkyto proceed on such basis. This means that even
9 a class action lowsukar other representative action, such as that in the form of a private
attorney general action, is filed, any Claim betwo&n us related to the issues raised In such
lawsuits will be subject to an individual arbitration claim if either you or we so sect
No arbitration will be consolidated with any other arbitration proceeding without the
consent of all parties. The only Claims that may be joined in an individual action under
this Arbitration Agreement are lt) those brought by us against you and any co-applicant,
joint cardmember, or authorized user of your Account or your heirs or your trustee in
bankruptcy or (2) those brought by you and any co-apptaant joint cardmember, or
authorized user of your Account or your heirs or your trustee In bankruptcy against us.
Initialfoa of Arlduasion. The parry filing a Claim in arbitration must choose one of the
following two arbitration administrators: American Arbitration !association; or National
Arbitration Forum. Those administrators are ind"rulentfrom us. The administrator does
not conduct the arbitration. Arbitration is conducted under the rules of the selected
arbitration administrator by an impartial third party chosen in accordance with the rules
of the selected arbitration administrator and as may be provided in this Arbitration
Agreement Any arbitration hearing that you atland shall be held at a place chosen by
the arbitrator or arbitration adminlstrator withinith a federal judicial district in which you
reside at the time the Claim is filed, or at some other place to which you and we ague in
writing. You may obtain copies of the currerit rules of each of the two arbitration
administrators, information about arbitration and arbitration fees, and instructions for
initiating arbitration by contacting the arbitration administrators as follows:
Amaricw Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY
10017.4605, Web site: www.edrorg, 800-771.71179; or
Nodo ml Arbitration Farrum, P.O. Box 50191, Minneapolis, MN 55405, Web site:
www.arbitration-forum.com, SW474-2371.
Procedures and law applicable in srl ibrWoo. A single, neutral arbitrator will resolve
Claims. The arbitrator tell sither be a lawyer with atleastten years experience or a refired
or former judge. The arbitration will be conducted under the applicable procedures and
rides of the arbitration administrator that are in affect on ft deco the arbitration is filed
unless those procedures and roles are inconsistent with this Arbitration Agreement in
which case this Agreement will prevail. These Procedures and rules may limitthe amount
of discovery available to you or us. The arbitrator will apply eppicabie substantive law
consistent with the FAA end applicable statutes of limitations, and will honor claims of
privilege recognized at law. YYou may choose to have a hearing and be represented by
counsel. The arbitratorwilltake reasonable stepgto protect customo rAccount information
and other confidential information, including the use of protective orders to prohibit
disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will
have the power to award to a party any damages or other relief provided for under
applicable raw, and will not have the power to award regal to, against or for the benefit
of any person who is not a party to the proceeding. If the law Authorizes such relief, the
arbitrator may award punitive damages or attorney fees. The arbitrator will make any
award in ww hing bast need notprovide a statement of reasons unless requested by a party.
Upon a request by you or us, the arbitrator will provide a brief statement of the reasons
for the award.
Costa. We will reimburse you for the initial arbitration filing fee paid by you up to the
amount of $600 upon receipt of proof of payment Additionally, I there is a hearing, we
Page 3 of 6 CMA18103
will pay anyfess of the arbitrator and arbitration administrator for the first two days
of that hearing. The payment of any such hearing fees by us will be made directly
to the arbitration administrator selected by you or us pursuant to this Arbitration
Agreement. All otherfeaswN be allocated in keeping with the rules of the arbitration
administrator and applicable bow. However, wowill advance or reimburse fling lees
and other fees If the arbitration administrator or arbitrator determines there is good
reason for requiting us to do so or you ask us and we determine there is good cause
for doing to. Each party will bear the expense of the fees and costs of that parry's
attorneys, experts, witnesses, documents and other expenses, regardless of which
parry prevails, for arbitration and arny appeal (as permitted below), except that the
arbitrator shell apply any applicable law in determining whether a party should
recover any or all fees and costs from another party.
Enforcement finslity? appeals. Failure or any delay in enforcing this Arbitration
Agreementat anytime, or in connection with any particular Claims, will not constitute
a waiver of any rights to require arbitration at a later time or in couuction with any
other Claims. Any decision rendered in such arbitration proceeding will be final and
binding on the parties, unless a party appeals inwriting to the arbitration organization
within 30 days of issuance of the award. The appeal must request a now arbitration
before a panel of three neutral arbitrators designated by the same arbitration
organization. The panoi win reconsider of factual and legal issues anew, follow the
some rules that apply to a proceeding using a single arbitrator, and make decisions
based on the vote of the majority. Each party will bear their own fees, costs and
expenses for any appeal, but a parry may recover any or all fees, costs and expenses
from another party, if the majority of the panel of arbitrators, applying applicable
low, so determines. An award in arbitration will be enforceable as provided by the
FAA or other applicable low by any court having jurisdiction.
Severabiliry, sar rliml. This Arbitration Agreement shall survive: li) termination or
c hangas in the Cardrtember Agreement the Account and the relationship between
you and us concerning the Account, such as the issuing of a now account number
or the transferring of the balance in the Account to another account; (ii) the
bankruptcy of any party or any similar proceeding initiated byyou or of your behalf
and (iii) payment of the debt in full by you or by a third party. If any portion of this
Arbitration Agreement is deemed invalid or unenforceable, the remaining portions
shall nevertheless remain in force.
CHANGES TO THIS AGREEMENT
We can change this agreement at anytime, regardless of whether you have access
to your account by adding. deleting, or modifying any provision. Our right to add,
delete, or mommy provisions includes financial terms, such as the APRs and fees,
and other terms such as the nature, extent and enforcement of the rights and
obligations you orwe may have relating to this agreement Modifications, additions,
or deletions are caNed'Changes' or o'Change'.
We will notify you of any Change if required by applicable law. These Changes may
be effective with notice only. at the Slime stated in our notice, in accordance with
applicable law. Unless we state otherwise, any Change will apply to the unpaid
balances an your account and to now transactions.
The notice will describe any rights you may have with respect to any Change, and
the consequences l you do or do not exercise those rights. For example, the notice
may state that you may notify us in writing by a specified date if you do not want to
accept certain Changes we are making. If you notify as in writing that you do not
acceptthe Changes, your account say be closed (j{ it is rot already closed) and you
will be obligated to pay your outsanding balance under the applicable terms of the
agreement if you do not notify us in writing by the dew stated in the notice, or If you
notify us but then use your account after the date stated in the notice, you will be
deemed to accept all Changes in the notice and to accept and confirm all terms of
your agreement and oil Changes in prior notices we have sent you regardless of
whether you have access to vow account
CREDIT INFORMATION
We may periodically review your credit history by obtaining information from credit
bureaus and others.
We may report information about you and your account to credit bureaus, including
your failure to pay us on time. If you request additional cards on your account for
others, we may report account information in your name as well as in the names of
those other people.
If you think we have reported inaccurate information to a credit bureau, you may
write to us at the Cardmomber Service address fisted on your Wiling statement
Please include your name, address, account number, telephone number and a brief
description of the problem. If available, please provide a copy of the credit bureau
repot in question. We will promptly investigate the matter end, l our Investigation
shows that you are right we will contact each credit bureau to which we reported
the information and will request they correcttie report [two disagree with you after
our investigation, we wit tell you in writing or by telephone. We will also notify the
credit bureau that you dispute the information unless you let us know that you no
longer dispute the information.
NOTICESMHANGE OF PERSONAL INFORMATION
We will send cards, billing state nonts and other notices to you atthe address shown
in our riles. Or, if this Is a joint account we can send billing statements and noticas
to any joint account holder. Notice to one of you will be considered notice to all of
you and all of you will remain obligated on the account If you change your name,
address, or hone, cellular or business telephone number or small address (if you
elect to receive billing statements or other notices iodine), you must notify us
immediately in writing at the address shown on your billing statement We may, at
our option, acceptrnaifing address corrections Irom the United States Postal Service.
We may conwctyou aboutyour account, including for customer service or collection,
at any address or telephone number as well as any cellular telephone number you
provide us.
TELEPHONE MONITORING AND RECORDING
We, and It applicable, our agents, may listen to and record your telephone calla with
us. You agree that wo, and if applicable, our agents, may do so, whether you or we
Mate the telephone CON.
INFORMATMN SNARING
You authorize us to share certain information about you and your accoumwithin our
family of companies, and with others outside our family of companies including any
company or organization whose name or mark may appear on the cards, as permitted
by law. Our Privacy Policy, which is provided to you when you first receive an
agreement and atleast once each cdanderyeartore", describes our Information
sharing practicss and the choices you have and directions you may give us about
our sharing of information about you and your account with companies or
organizations within and outside of our family of companies.
KMON CMOMEMIMRS
Illinois law provides that we may not share information about you with companies
or other organizations outside of our family of companies unless you authorize the
disclosure or unless the disclosure falls under another exception in the law Isuch
as sharing information to process yourtransactions or in response to a subpoena).
You hereby agree that, if you choose notto exercise the applicable opt out described
in our Privacy Policy, you will be deemed to have authorized us to share personal
information we have sboutyou (including information related to any of the products
or services you may have with any of our companies) with companies or other
organizations outside of our family of companies.
ENFORCING THIS AGREEMENT
We can delay enforcing or not enforce any of our rights under this agreamentwidwut
losing our right to enforce them in tha future. If any of the terms of this agreement
era farad to be unenforceable, all other terms will remain In full force.
ASSIGNMENT
We may assign your account any amounts you owe us, or any of our rights and
obligations under this agresmantto a third party. The person to whom we make the
assignmentwill be entitled to any of our rights that we assign to that person.
GOVERNING SAW
THE TERMSAND ENFORCEMENT OFTHIS AGREEMENTANOYOURACCOUNT SHALL
BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO
THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD
TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND
YOUR ACCOUNT ARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE
THE ACCOUNT.
FOR INFORMATION
Please call the Cardmember Service telephone number on your card or billing
statement if you have any questions about your account or this agreement
YOUR BILLING RIGHTS
Keep This Nodes Tyr Future Use
This notice contains important information about your rights and our responsibilities
under the Fair Credit Billing Act
Notify Us M Cue Of Erma Or OueNions About Your Bill
If you think your big is wrong, or if you need more information about a transaction
on your blll,wrhe us on a separate shoutetthe CardmemberService address shown
on your Wiling statement Write to us as soon as possible. We must hear from you
no later then 80 days afar we sent you the fast bill an which the error or problem
appeared. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the following information:
• Your name and account number.
• The dollar amount of the suspected error.
• Describe the error and explain, l you can, why you behove there is an error. if you
need more information, describe the item you are not sure about
If you have authorized us to payyourcrodit card bill automatically from your savings
or checking account, you can stop the payment on any amount you think is wrong.
To stop the payment your latter must reach us at loastthree business days before
the automatic payment Is scheduled to occur.
Your Mob And Our Responsibi lilies After We Recedes Yew Wriften Nodes
We must acknowledge your Wwr within 30 days, unless we have corrected the
error by then. Within 80 days, we must either correct the error or explain why we
believe the bill was correct
After we receive your letter, we cannot try to collect any amount you question, or
report you as delinquent We can continue to big you for the amount you question,
including finance charges, and we can apply any unpaid amount against your credit
line. You do not have to pay any questioned amount while we are investigating, but
you are still obligated to pay the parts of your big that are not in question.
If we find that we made a mistake on your big, you will not have to pay any finance
charges related to any questioned amount If we didn't make a mistake, you may
have to pay finance charges, and you will have to melds up any missed payments on
the questioned amount in either case, we will send you a statement of the amount
you owe and the date that it is due.
If you failto paythe amountthatwo think you owe,we may reportyou as delinquent
However, 0 our explanation does not satisfy you and you write to us within 10 days
telling us that you still refuse to pay, we must tell anyone we report you to that you
have a question aboutyour NIL And,we musttell you the name of anyone we reported
you to. We musttell anyone we reportyou tothatthe matter has been settled between
us when it finally it
if we don't follow these rules, we can't collect the first $50.00 of the questioned
amount even if your big was correct
Special Rules for Credit Card Purchases
Page 4 of 6 CMA18103
If you have a problem with the quality of property or services that you purchased with a
credit card, and you have tried In good faith to correct the problem with the merchant,
you may have the right motto pay the remaining amount due on the property or services,
This right does not apply to check transactions. There are two limitations on this right
(a) You mast have made the purchase in your hone state or, N not whhin your home state,
within 100 miles of your current mailing address, and
(b) The purchase price must have been more than 55000.
Th ese limitations do not apply it we own or operate the merchant, or it we mailed you the
advertisement for the property or services.
Copyright OW JPMorgan Chase & Co. All rights reserved.
Page 5 of 8 CMA18103
RATES AND FEES TABLE
{This table may also he referred to as the Table of Interest Charges)
Rams (APR rases Annual Parcaiann Rea)
IntroductoryAPR
0% fixed APR 10% daily periodic rate) on balance transfers and balance transfer checks
for the first 3 billing cycles following the opening of your account (the Introductory
Period')
Purchase APR
The Prime Rate' plus 14.99%, currently 23.24% (0.06366% daily periodic rate)
Balance Transfer/Balance Transfer Check APR after ft Introductory Period
The Prime Rata' plus 14.99%, currently 23.24% (046368% daily periodic rate)
Cash Advance/Cssh Advance Check APR
The Prime Rate` plus 19.99%, currently 26.24% (0.07737% daily periodic rata)
Default APR
The Prime Rate" plus up to 23.99%, currently 32.24%10.08833% daily periodic rate)
Overdraft Advance APR
13.99% fixed APR (0.03833% daily periodic rate)
• Estimated variable APRs above are based on the 8.25% Prime Rate as of March 22,2001.
Fees and Finance Chargss
ATM Cash Advance Fee -- Finance Charge
3% of transaction Iminanum fee of $10.001
Non-ATM Cash Advance / Cash Advance Check Fee -- Finance Charge
3% of transaction (minimum fee of $10.00)
Balance Transfer Fee -- Finance Charge
3% of transaction (minanum fee of $5.00 and ma)anum of $75.00)
Balance Transfer Check Fee •- Fence Charge
3% of transaction (minimum fee of 55.00 and maximum of $75.00)
Minimum Periodic Finance Charge $1.00
(if any periodic finance charge is payable for a billing cycle)
Annual Membership Fee None
Lea Fees:
51540 it the balance is up to, but not including $100.00;
$29.00 if the balance is $100.00 up to, but not including 5250.00;
$39.00 if the balance is $250.00 and over
BverRatit Fee $39.00
Return Payment Fee $39.00
Return Chock Fee $39.00
Administrative Fees:
Copy of BIIWV Statement or other record $5.00
Page 6 of 6 CMA18103
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ,r
Sheriff 7 FILED-OFFICE
1tVt='' tai ?3l?r?lre? ;r, , iFF 1 r: ?rtE 'A, Jody S Smith
Chief Deputy 2011 FEB 14 AM IO' 03
Richard W Stewart
?-
Solicitor iUMBL
P ERLAQ C
P 65?e
E N S_ v!.?ttAaa
Midland Funding LLC
vs. Case Number
.
Martha Moffitt 2011-889
SHERIFF'S RETURN OF SERVICE
02/10/2011 08:37 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February
10, 2011 at 2037 hours, she served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Martha Moffitt, by making known unto herself personally, at 51 Mountain Street, Lot 7,
Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing
to her personally the said true and correct copy of the same.
VAL IE WEARY, DEPOTY
SHERIFF COST: $46.90
February 11, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Midland Funding LLC
assignee of CHASE, °r
Plaintiff NO. 2011-889Civilterm = ...
vs. CIVIL ACTION - LAW r4i `
u'
MARTHA MOFFITT
Defendant T' C-)
= =Y= = c--
C)
C N ,
'
PRAECIPE FOR DEFAULT JUDGMENT w
To the Prothonotary:
Please enter Default Judgment in favor of Plaintiff and against Defendant(s), MARTHA MOFFITT for failure to file a
written response to Plaintiffs Complaint.
( X) Principal in Complaint $8986.62
Less payments received $0.00
Interest in Complaint $ -0-
Attorneys' Fees $ -0-
TOTAL $8986.62, plus court costs
(X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint
and is calculable as a sum certain from the complaint.
(X) Pursuant to Pa.R.C.P. 237, I certify that a copy of this praecipe has been mailed to each other party who has
appeared in the action or to his/her Attorney of Record.
(X) Pursuant to Pa.R.C.P. 237. 1, I certify that written notice of the intention to file this praecipe was mailed or
delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default
occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached.
FULTON, FRIEDMAN, &-1
Signature:
David R. Galloway #87326
130B Gettysburg Pike
Mechanicsburg, PA 17055
(866) 563-0809
Counsel for Plaintiff
Attorneys in the Practice of
LLP
bt Collection
FFG File # 273395
PA/PA_PRAEJD
4 a5 ? gas
00h'cf fW&led
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Midland Funding LLC
assignee of CHASE
Plaintiff
V.
MARTHA MOFFITT
Defendant(s)
NO. 2011-889Civilterm
CIVIL ACTION - LAW
NOTICE OF JUDGMENT
Notice is hereby given that a Judgment in the above-captioned matter has been entered against you as follows:
Principal in Complaint
Less payments received
interest in Complaint
Attorneys' Fees
TOTAL
$8986.62
$0.00
$ -0-
$ -0-
$8986.62, plus court costs
NOW, It-rO1n (a 20j?_, JUDGMENT I ENTERED AS ABOVE.
Prothonota , ivil Di ision
By:
Deputy
I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is:
MARTHA MOFFITT
51 MOUNTAIN ST LOT 7
MT HOLLY SPGS PA 17065
FULTON,
Signature:
David R. Galloway
130B Gettysburg P
Mechanicsburg, P
(866) 563-0809
Counsel for Plai i1
Attorneys in the ,
FFG file #: 273395
1111111111111111 I IN11111111 I INI IINI 111111111111111111111111111 IN
OAN & GULLACE LLP
147326
.e
17055
tice of Debt Collection
PAPA NTCOH
FU LTON FRI EDMAN & GU LLACE LLP
Collections, Consulting & Litigation
Licensed in Arizona, California, District of Columbia, Maryland, New York, Pennsylvania, Tennessee & Texas
NEW YORK PENNSYLVANIA
28 E. MAIN STREET, SUITE 500 Telephone 13oB GETTYSBURG PIKE
0-hccfcr Na%ni VnrlltAA1A (8oo) 869-2331 MECHANICSBURG, pa 17055
Please direct all calls to Tom McCarthv
March 16, 2011
MARTHA MOFFITT
51 MOUNTAIN ST LOT 7
MT HOLLY SPGS PA 17065
Re: Midland Funding LLC assignee of CHASE vs. MARTHA MOFFITT
Docket No. 2011-889Civilterm
Dear Defendant:
Enclosed herein please find a 10-Day notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil
Procedure.
Sincerely,
FULTON, FRIEDMAN, & GULLACE LLP
David R. Galloway #87326
130B Gettysburg Pike
Mechanicsburg, PA 17055
(800) 869-2331
Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
Enclosure
CC:
THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR AND ANY
INFORMATION WILL BE USED FOR THAT PURPOSE.
FFG File # 273395
PA/PA 10DAYNT('
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
t
Midland Funding LLC
assignee of CHASE
Plaintiff
V.
MARTHA MOFFITT
Defendant(s)
To:
MARTHA MOFFITT
51 MOUNTAIN ST LOT 7
MT HOLLY SPGS PA 17065
DATE OF NOTICE: 03/16/2011
NO. 2011-889Civilterm
CIVIL ACTION - LAW
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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.
FFG File # 273395
CUMBERLAND COUNTY BAR ASSOCIATION
32 S BEDFORD ST.
CARLSILE, PA 17013
(717) 249-3166
FULTON, FRIEDMAN, & GULLACE LLP
By:
David R. Galloway #87326
130B Gettysburg Pike
Mechanicsburg, PA 17055
(800) 869-2331
Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
PAPA IODAYN W