HomeMy WebLinkAbout13-2858 Supr eme Court:,of Rennsylvania WWR# 20062329 C A Pit ABR
Co Aa Common•Meas
"' '' � `k'r.1 For Prothonotan' Use Onh•: �
� t GoverS
C UMBERLAND � County Docket No:
O O
The information collected on this form is used solehy for court administration purposes. This form does not
supplement or replace the filing ling and service of pleadings or other papers as required by low or rules of court.
Commencement of Action:
S 1$ Complaint ❑ Writ of Summons ❑ Petition
E Transfer from Another Jurisdiction 13 Declaration of Takin
C Lead Plaintiff's Name: Lead Defendant's Name:
T MIDLAND FUNDING LLC MATTHEW BOWEN
I
O Are money damages requested? El Yes ❑ No Dollar Amount Requested: ® within arbitration limits
N (check one) ❑ outside arbitration limits
A Is this a Class Action Suit? ❑ Yes 113 No Is this an NWJ Appeal? 13 Yes 0 No
Name of Plaintiff /Appellant's Attorney: William T. Molczan,47437
❑ 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 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 ❑ Buyer Protection Administrative Agencies
• Malicious Prosecution M Debt Collection: Credit Card ❑ Board of Assessment
• Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
S ❑ Premises Liability ❑ Statutory Appeal: Other
E
[3 Product Liability (does not include [3 Employment Dispute
Mass tort) Discrimination
C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board
T ❑ Other: ❑ Other:
I ❑ Other:
O
N MASS TORT
❑ Asbestos
B ❑ Tobacco REAL PROPERTY MISCELLANEOUS
❑ Toxic Tort - DES ❑ Ejectment ❑ Common Law /Statutory Arbitration
• Toxic Tort — Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
• Toxic Waste ❑ Ground Rent ❑ Mandamus
❑ Other: ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
❑ Mortgage Foreclosure: Residential Retraining Order
❑ Mortgage Foreclosure: Commercial ❑ Quo Waranto
❑ Partition ❑ Replevin
PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other:
❑ Dental ❑ Other:
❑ Legal
❑ Medical
❑ Other Professional:
Updated 1/1/2011
Fil M OFFICE
OF TIDE PROTHONO TAR'S
?_013 AY 2Q PV 1:00
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
MIDLAND FUNDING LLC
Plaintiff No:
vs.
COMPLAINT IN CIVIL ACTION
MATTHEW BOWEN
Defendant FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan,47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434 -7955
FAX: 412- 338 -7130
20062329 C A Pit ABR
J
�Ib37Si��lt
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
MIDLAND FUNDING LLC
Plaintiff
VS. Civil Action No
MATTHEW BOWEN
Defendant
COMPLAINT AND 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 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 in the complaint or
for any other claim or relief requested by the plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249 -3166
CIVIL ACTION
1. Plaintiff, MIDLAND FUNDING LLC, is a business entity with offices located at 8875
Aero Drive, Suite 200, San Diego, CA 92123. -
2. MCM§ records show that the Defendant(s) MATTHEW BOWEN is/ are individual(s)
residing at 205 PIKE CT, SHIPPENSBURG, PA 17257
3. As set forth in records maintained on behalf of Plaintiff, this action is based upon a
credit agreement entered into between Defendant(s) and the original credit grantor.
4. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was
assigned all the rights, title and interest to Defendants CHASE BANK USA, N.A. account
XXXXXXXXXXYX2176 (hereinafter "the account "). Midland Credit Management, Inc.
(hereinafter "MCM ") services the account on behalf of Plaintiff.
5. MCM§ records state that this action is based upon a credit agreement entered into
between defendant(s) and the original credit grantor. MCM� records further state that
defendant(s) used or authorized the use of the credit account but failed to make the payments
due pursuant to the agreement.
6. MCM' records show that the defendant(s) owed a balance of $1403.69 as of
2011- 12 -30.
7. Attached hereto are records regarding the account and/or payment(s) received.
WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of Plaintiff
and against Defendant(s) in the amount of $1403.69, togethe with interest and costs.
By
Weltman, Weinberg & eis, Co., LPA
Attorney for Plaintiff
Page - 1
8545834197 AFFINDEBTMEDIA 20062329
Payment Due Date New Balance Past Due Amount Minimum Payment
01/07/12 $1,403.69 $462.00 $544.00
Account number: 2176
Make your check payable to:
Chase Card Services.
• Please write amount enclosed.
New address or e-mail? Print on back.
72092 nE
MAT mull du II dill b 1111 I l l l l l l h l
OWEN
205 PI
MAT r Lnl L r u 1 II L rl 11 r 111 I l,l dl
205 PIKE CT
SHIPPENSBURG PA 17257 -9046 CARDMEMBER SERVICE
PO BOX 15153
WILMINGTON DE 19886 -5153
Inrlilnrlulrlrlrlrlurllrlullunlulrliuuuulri
CHASE Manage your account online: Customer Service Additional contact
www.chase.com/creditcards 1- 800 -945 -2000 information on back p
ACCOUNT SUMMARY I PAYMENT INFORMATION
Account Number. X2176 New Balance $1,403.69
Previous Balance $1,335.27 Payment Due Date 01/07/12
Payment, Credits $000 Minimum Payment Due $544.00
Purchases $0.00 Late Payment blaming: if we do not receive your minimum
Cash Advances $0.00 payment by the date listed above, you may have to pay a late fee of
Balance Transfers $0 up to $35.00 and your APRs will be subject to increase to a
maximum Penalty APR of 29.99 %.
Fees Charged +$35.00 Minimum Payment Warning: If you make only the minimum
Interest Charged +$ 33.42 payment each period, you will pay more in interest and it will take
New Balance $1,403.69 you longer to payoff your balance. For example:
Opening /Closing Date 11/11/11 - 12110/11 If you make no You will pay off the And you will end up
Total Credit Line $1 000 additional charges balance shown on paying an estimated
using this card and this statement in total of...
Available Credit $0 each month you about...
Cash Access Line $200 pay...
Available for Cash $0 Only the minimum 10 years $3,669
payment
If you would like information about credit counseling services, call
1 -B66 -797 -2885.
YOUR ACCOUNT MESSAGES
Important Message: You Are Overlimt!
Your statement balance exceeds your credit line. You should make a payment that includes the ovedimit 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.
ACCOUNT ACTMTY
Date of
Transaction Merchant Name or Transaction Description $- Amount
12/07 LATE
A I 35 00
.
� � � � TO FEES FOR THIS PERIOD $35.0
12/09 PURCHASE INTEREST CHARGE 27 47
12/09 CASH ADVANCE INTEREST CHARGE 5.95
TOTAL INTEREST FOR THIS PERIOD $33.42
1t ttut�Cl� "'Yta>, ev x ti k �, t. 3�xivat a cv ��Au � a
Total fees charged in 2011 $225.00
Total interest charged in 2011 $325.88
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
Balance Percentage Subject To Interest
Type Rate (APR) Interest Rate Charges
Purchases 29.99 %(v) $1,114.56
$27.47
This Statement is a Facsimile - Not an original
X
0000001 FIS33338 D 8 000 N Z 10 11/12110 Page 1 of 2 05880 MAMA 72092 3431000006x007209201
Address Change Request
Please provide information below only if the address information on front is incorrect.
Street Address: — ------------- - - - - -_
City: — ------ - - - - --
State: -- Zip: - - - -- - -- T
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
L and/or visit our website shown below to provide us with additional contact information.
a ,
To contact us regarding your account:
>� By Telephone:
ism ® In U.S. 1- 800 -945 -2000 I
Espafiol 1- 888-046 -3306 Y
TDD 1.800.955 -6060 Send Inquiries to: Mail Payments to: Visit Our Webslte:
!�
Pay by phone 1.800436 -7958 P.O. Box 15298 P.O. Box 15153 www.chase-com/creditcards
Outside U.S. call collect Wilmington, DE 19850.5298 Wilmington, DE 19886 -5153
1.302 - 594.8200
i�
Imormallon Aboul Yeuf Account rates will vary with the market based on the Prime Rate or such index described
Crediting of Payments: You may make payments by arcs of the option Rated beli in your Account Agreement. If any interest charge is due. we will charge you at
The amount pf your payment should beat least your minimum payment date payable least a minimum interest charge of 51 .60, or such amount stated in your Account
Agreement There is a transaction fee for each balanrn transfer. cash advance. or
in U.S. dollars and drawn or payable through a U.S. financial institution or the U.S.
branch of afomign firul institution. You can cry dawn bah, —msterb D n check transaction in the amount stated In your Account Agreamsnt. Thereisaforeign
y ry" g trambn am fee of 3% of the U.S. dollar amount of any foreign transaction for some
more than the minimum payment der the total unpaid balance on vour accmnt. accounts. Please see your AtGpant Agreement for imomaAon about these lees.
You may make payments by regular U.S. rreil. Send your payment to the Payments
address shown on this statement . your payments by mail must comply with the We add Transactions and fees to your daily balance no earlier than
instruction on this statement. Do Ira send cash. Wrte your Account number on t) the date of the transaction -for new purchases, balance transfers, overdraft
your check or moray order. Payments must be accompanied by the payment coupon advances or ash advances:
in the envelope provided with our address visible through the envelope window: the
envelope annot contain mom Iran one Whom or Coupon; and mere an be no 2'1 the date the payee deposits the shack - for new cash advance checks or
staples, paper clips, tape or correspondents Included with your payment. It your bahnce tranafer checks;
payment is in accordance with our payment instructions and Is made available to us 3) the date of a related transaction. the dale they ere posted to your amount or
an any day by 5:00 D IR local fimeat Our Patent' its address on this statement. vie will the last day of the billing cycle. whichever we may choose - for fees
credit the Payment to your Account as of that day. if your payment is in accordance
with our payment Instructions. bid is made available to us after 5:00 p.m. local time How to Akrold Paying Internet on Pumbases: Your due data wil be a minimum of 21
at the Payments address on this statement, we will credit it to your Account a$ of days after the close of each billing cycle. It you pay your amount fit fug each billing
the next calendar day, period by the ate and lime due, no interest is charged an new Durcheses month
to month. Also. we will not impose imemst charges on any Dehieh of a purchase
You may make payments electronkallymrottgh ourwebate showrnon lhisstatemem. balance you repay while that balance a subject to an interest -iree period. Subject
If we receive your ompided request on our wabshe by 8 p.m. Eastern Time. we will to art, interest -fro period for new purobasse, we will begin charging interest from
credit your payment as of that day- If we receive your request after 8 p.m. Eastern the date a transaction (inekdbg any balance transfer, cash advance or overdraft
Tone, vie will credit your payment as of the next calendar day. If you specify a future advance), fee or Interest charge is added to your daily balance until your amount
date In your request wewlr credftyour payment riot that day. is paid in full. Because we apply Payments in excess of your minimum payment
For all other payments art" any payment type &bow forwhLh you do not follow Our first to higher rate balances. you may rot be able to avoid interest charges on new
payment InshucHone, Crediting of your payments may its delayed for up to 5 days, purchases it you have another balance at a higher int erest rate mile. you pay your
balanee in full each month.
Account Information Reported to Credit Bumaur. We may mport imonmtion about What To Do If You Think Yon Find A Mistake On Ye Statement
Amount to credit bureaus. Late payments. missed payments or other defaults
on your Amount may be reflected in your credit report. It you think we have reported II you think there is an error on your summers, unite to us on a separate sheet
unamurataimormahontoo Credit bureau. you may writato us atihelnquiries address at Customer Service. P.D. Box 15299 Wilmington, DE 198$0 -5290. You may also
shown on this statement contact us on the web at chase.Com
To Service and Manage Any of You,Accoant(s): We, our representatives. JPMorgan In your letter. give us the following information:
Chase mpnaenlatives andior affiliates, may ccmact you at any telephone oumber
YOU provide to as Please refer to your Ca!dmember Agreement for additional details •Account irtormation YournameaMAwmanumben
about the use of your personal intormalian, • Dollar amil The dollar amount of fin suspected amen.
Rofice About Elect reRic check Comrurchm: When you Day by check you authorize . Description of Problem: It you think them is on error an your bill describe
m either to ma information from your check to make a one-rime eleclronk furl what you believe is wrong and wary you Oekew t ism mistake.
Harmer from your account orto process the payment as a cunktmneactbn. When
vie use Intonation from your check to make an eiectmnk fund transfer, funds may You must contact us, within 60 days after the error appeared on your statement .
be withdrawn from your account as soon as the same ay we receive your payment,
and you will not motive your check back from your finamial institution . Can the You must notify us M any potential errom in wining or on ms web at chase.om. You
Customer Service number on this statement if you have Questions about electronic may all us, but 0you do we are nor required to investigate any polemist snare and
check collection or do no want your Payments calla -ted electronically,. you may have to pay the amount in question.
Conditional Payments: Any payment chni,or other form. of Daymem that you send While via investigate whether or Trot there has been an era „. the following are two
us for less than the full balance due mail is marked 'poll In full” or contains a similar • We Cannot try to collect the a mount ill question, or report you as delinquent on
notation, or that you otherwise tender in full satisfaction of a disputed amount, that amount.
must be sent to Card Services. P0. Box 15049, Wilmington. DE 19850 -5049. We
reserve an our nights regarding these poynnelds seq., If ft is determined there is no • The charge in question may remain on your statement and we may ominue
valid dispute or d airy such check is recnivad at any other address. we may accept to charge you Interest on that amoum. Bb, B we determine that we made a
the check and you will son owe any relremmill balance) We may refuse to accept mistake. you will not have to pay the amount h question or any interest or
any such payment by returning t t. to you, rot coshing t or destroying All other other fees related to that amount.
payments that you make shout M sent to the regular Payment address shown on
this ment • While you do not have to pay the amount in question, you are responsible for
state the remainder of your balance.
Annual Renewal Notice: if your Account Agreement has an annual membership fee . We an apply any unpaid amount against your Credit limit.
and/or similar charge for issuance or availability of you account, it will be billed each
year or in monthly or quarterly insalimems. This I"andier charge are Owed whether Your Rights ll You Am 0Instialled With Your Crain Cam Purc
or not you use your Amount, and you agree to pay them when billed. The annual
in aid charge are non-refundaba unless you notify m that you wish to close your If you are dissainfied with the goods or services Hat you have purchased with your
account within 30 days or one billing cycle (wfuthever is less) after we provide the credit card. and you have tried In god faith to Correct the pmbfem with the merchant,
statement on which the amnal In o charge is billed and at the same tlme, you pay you may have the right not to pay the remaining amoum due on the purchase.
your outstanding balance in full. If you do this, for a charge billed more often than To use this right, an or the following must be true:
annually such as a monthly service charge, you will not owe the last billed charge;
however. prior billed charges am non- miuMable and must be paid as part Of paying /. The purchase must have been made in your home state or within 100 miles
your outstanding balance in full. Yom payment of the annual fee o charge does rat of your current mailing address. and the purchase prim mrai have been
affect our rights Lock —yvm Account andto itmt ycurrgM to make transactions on moue than MOT (Note: Neither of these are necessary it your purchase was
your Am um. If your Account is closed by you or us. we will cont inue to impose the based on an advertisemantwe mailed to you. or b' we own the oomarry that
annual lee all charge untilyou pay your outstanding balance in full and terminate said you the goods or servioes.)
your Account relationship. 2. You must have used your credit card for the purchase. Purchases trade with
Calculation of Balance Subject to Interest Rate: To figum your periodic Interest cash advarms from an ATM or with a check that aoesses your credit Ord
charges far each biting cycle when a daily Periodic mta(s) applies, we use the daily Account do nut qualify.
balance method (including current transactions). To figure your periodic interest 3. You must not yet have h0i paid for the purchase.
charges for each billing cycle when a mombly periodic rare(s) applies. we use the
M daily balance method (including current transactions). For an explanation of II all at the criteria shove are met and you am still dissatisfied with the purchase.
either method, or questions aboul a particular interest charge calculation an your cameo us in writing at Cialamer Service, PO, Box 15299 Wnkningtou, DE
statenwnl. please all us at the tog tree a6omr service phone number listed above f9BSD -5259 or on the web at chase.com.
We calcuhte periodic interest Charges separately for each feature (for example. While we Investigate, the amp rules apply to the disputed amount as dis nosed
purchases. balance transfers, cash advances or owidrah advances). Those above. After we finish our investigation, we will tell you our de 6km. Al that point. It
calculations may combine different categories with the came Periodic rates . Variable we think you owe an amount and you do not pay we may report you as delmuent.
M17t042011
Statement Date: 11/11/11 - 12110/11
Account Number: X176
Page 2 of 2
n
INTEREST CHARGES CONTINUED
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Annual Balance
Balance Percentage Subject To Interest
Type Rate (APR) Interest Rate Charges
��+ii te�.a tJr xPi£ J��' x s�� � y�dl♦, s#�G�� tut x�,r�'��.:1' ' .� tffr E',�'6��.. Cdr l {.�uf����
Cash advances
29.99% (v) $241.40 $5.95
Balance transfers 29 99% (v)
(v) = Variable Rate
30 Days in Billing Period
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 F1633338 D 6 000 N Z 10 11/12/10 Page 2 of 2 05686 MA MA 72092 34310000060007209202
Verification
Mycah Struck, 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 a competent person over eighteen
years of age, and make these statements herein based upon personal knowledge of
those account records maintained on plaintiff's behalf. I am authorized to make this verification
on plaintiffs behalf. 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 unsworn falsification to authorities.
APR 3 0 2013
Date
Mycah Struck
OH 14
Weltman, Weinberg & Reis. Co., L.P.A
Page - 2
I�IIIIIIIIIIII II854583II III IIIIOI�� I�IIII�II II II I�BI IIIII IIQ Ilillllll I�IIIIII 2 00623 29 III
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy t '� � 31 Ali iO.
Richard W Stewart
Solicitor +rr r „ s r CUMBERLAHO COUNTY
PENNSYLVANIA
Midland Funding, LLC Case Number
V&
Matthew Bowen 2013-2858
SHERIFF'S RETURN OF SERVICE
0512412013 07:55 PM-Deputy William Cline, being duly sworn according to law, served the requested Complaint&
Notice by handing a true copy to a person representing themselves to be Kathy Bowen, Wife,who
accepted as"Adult Person in Charge"for Matthew Bowen at 205 Pike Court, Southampton Township,
Shippensburg, PA.
ILL AM CLINE, DEPUTY
SHERIFF COST: $50.60 SO ANSWERS,
�r
a�
May 29, 2013 R-ONW R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft,laic.
F101V0 T�r,
1013 kc 1' P11 .
WELTMAN,WEINBERG &REIS CO.,L.P.A. CtIN QE I'
BY: William T. Molczan Attorney for PIK C0ut, y
I.D.No.47437 APB/
436 Seventh Avenue, 1400 Koppers Bldg
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File#20062329
MIDLAND FUNDING,LLC
CUMBERLAND County
Court of Common Pleas
VS.
No.: 13-2858 CIVIL
MATTHEW BOWEN
PRAECIPE TO DISMISS WITHOUT PREJUDICE TO REFILE
i
TO THE PROTHONOTARY:
Kindly dismiss the above matter without prejudice to refile.
WELTMAN, WEINBERG&REIS CO.,L.P.A.
By-L)4 j T
William T.Molcza
Attorney for Plain ff