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Home My WebLink About13-6707 i Supreme Court-,of-Pennsylvania wwR 0 20136631 C A Pit ABR Court °of Common Pleas ;CiviY Gover,Sheet ForProUtonotary Use M4-: C UMBERLAND r r, County Docket No: OD The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as rewired 6v law or rules of court. Commencement of Action: S 1$ Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Takin C Lead Plaintiff's Name: Lead Defendant's Name: T MIDLAND FUNDING LLC KATHY BROWNAWELL I 0 Are money damages requested? El Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits Is this a Class Action Suit? ❑ Yes 13 No Is this an MDJ Appeal? ❑ Yes W No A 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 13 J Malicious Prosecution ( 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 ❑ Product Liability (does not include ❑ 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 0 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 L.wi) "i "l "lt 3 N f;4 m-BIERLANO COUNTY PENNSYLVA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC G _` U l Plaintiff No: I 1.) -11�� VS. COMPLAINT IN CIVIL ACTION KATHY BROWNAWELL Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh PA 15219 -1827 (412) 434 -7955 FAX: 412- 338 -7130 20136631 C A Pit ABR IN THE COURT OF COMMON. -PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff VS. Civil Action No KATHY BROWNAWELL 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 . 1 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) KATHY BROWNAWELL is/ are individual(s) residing at 20 CORAL DR, CARLISLE, PA 17013 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 Defendant's GE MONEY BANK account XXXXXXXXXXXX7764 (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 $1553.68 as of 2011- 12 -25. 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 $1553.68, together with interest and costs of this action. By Weltman, Weinberg & Reis, Co., LPA Attorney for Plaintiff Page - 1 101111111 111111 II0INIII is 111111111 1111111111111111111111 8554184353 AFFINDEBTMEDIA 20136631 JCP rewards Gana 50 puntos de bonificaci6n con to primera compra que calif ique de las siguientes marcas exclusivas del 1 al 30 de junio de 2010: Traies de bano Traies de bairo ene Productos ra damas I S`�IOHNS&LY. I bona del Sal6n de pa Para caballeros para caballeros pare nin savings os Belleza inscribete h oy mismo en jcprewards • Todas fns pantos de trod' aciat ser6n sumados allomAticamente a to .. enla y aparecefan an to pr6ximo estodo de cuenta elecwico manual de JCP Revrards. Los puntos de bmriecacl6n est3n dispombles pars Ins miembros de JCP Rewards an W E.UU. y Puerto Rico. Las ountos de bonilicaci6n aplican sob a la primera comps de arlitulas clue no estdn on remate (clearance) realizada en coda categor(a mancionada ardba entre of 1 yy el 30 de junio de 2010. Este o(erta no es apCxable a mertanda canpr'ada ton anterioddad. Este ofena puede combinarse con otras ofenas. Nose requiere cbdigo promotional al momento de pagar.Ot as ofenas/deceuentos. mpueslos, ca gos, to jelas de regab, cargos por em io y manejo no calf ican pat punlos de bonftaci6n. KATHY J BROWNAWELL Visit us at jcp.com /credit Account Number: X76 41 Customer Service: 1-800 -527 -3369 PO Box 965009 Orlando FL 32896 -5009 Inf Summary of Account Activity Payment Previous Balance $1,553.68 New Balance $0.00 - Other Credits $1,553.68 Amount Past Due $0.00 New Balance $0.00 Total Minimum Payment Due $565.00 Payment Due Date 12282011 Credit Limit $1,200 Available Credit Noone ne Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late Statement Closing Date 12252011 fee up to $35.00. Days in Billing Cycle 28 Transaction Summary Tran Balance Date Reference Number Type Description of Transaction or Credit Amount 1225 F9119DOB700999990 R CHARGE OFF ACCOUNT- PRINCIPALS ($1,110.66) 1225 F9119DOB700999990 R CHARGE OFF ACCOUNT'FINANCE CHARGES' ($443.02) FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED 1225 INTEREST CHARGE ON PURCHASES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 r ■.• Total Fees Charged in 2011 $165.00 Total Interest Charged in 2011 $309.62 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance Expiration Percentage Subject To Interest Balance Type of Balance Date Rate Interest Rate Charged Method Current Transactions (Continued on next page) PLEASE NOTE YOUR MAILED PAYMENT MUST BE RECEIVED BY 5 P.M. (ET) OR YOUR IN-STORE PAYMENT MUST BE RECEIVED DURING STORE HOURS ON THE DUE DATE. NOTICE Your payment may be converted into an electronic debit. See reverse for details, Billing Rights Information and other Important information. PLEASE DETACH AND RETURN THIS STUB WITH YOUR CHECK PAYABLE TO GECRB. — I Account NumberINNINW6 41 Total Minimum Amount Past D ue Payment New Balance Payment Due Due D ate $565.00 $0.00 l 12/2812011 J 50.00 i■ I FILL IN TOTAL PAID � ❑ ❑ ❑ ❑ 11. ❑ ❑ 1'10�'lull ' New address or email? Print changes on the back. KATHY J BROWNAWELL EXH IT 20 CORAL DR CARLISLE PA 17013 -9401 P.O. Box 960090 Orlando FL 32896-0090 5433 H9H 1 5 25 111225 E X PAGE 1 of 3 9119 3400 M175 Ol EM5433 JEWELRY SPECTACULAR SALE! 1 I 5%0ff fine jewelry at regular, • clearance prices Plus special financing available See store for details Interest Charge Calculation (Continued) Annual Balance Expiration Percentage Subject To Interest Balance Type of Balance Date Rate Interest Rate Charged Method Regular NA 26.99% $0.00 $0.00 E Transactions on or before 1 011 312 01 0 Regular Purchases NA 23.99% $0.00 $0.00 E iOFERTA I 'r i AR DE JOYERIAI 15 %de DESCUENTO EXTRA en • . • - • - . • .- Ademas financiamiento especial disponible. 5433 x9H 1 5 Consulta los4etaHes en la9lienda.m175 0l Verification Christina Irving, 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 plaintiffs 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. OCT IS 20 Date Christina ng OH14 Weltman, Weinberg & Reis. Co., L.P.A Page - 2 I�II11111111111�1�10DI�111111111�11111�1� IN 1111111 oil alM111111111111111111111111111 I�IIIIIIII IIIIIIIII��llllllllllllll� 8554184353 AFFINDEBTMEDIA 20136631 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ( 5 Richard W Stewart Solicitor rw. { OUMBERLAND `ND C+ ANA '. PEW Midland Funding LLC Case Number vs. Kathy Jo Brownawell 2013-6707 SHERIFF'S RETURN OF SERVICE 11/19/2013 04:00 PM- Deputy Noah Cline, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Kathy Jo Brownawell at 20 Coral Dr., N. Middleton Twp., Carlisle, PA 17013. NOAH CLINE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, November 20, 2013 RONW R ANDERSON, SHERIFF c?•Jcu-t'rSuie S'?ard.T,�eosc`t.i!..,. w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff VS. Civil Action No. 13-6707 CIVIL KATHY BROWNAWELL Defendant PRA ECIPE FOR JUDQMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, KATHY BROWNAWELL, in the amount of$1,553.68 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG& REIS CO., L.P.A. By: Attorney for Plaintiff M (fir a TH BROWNAWELL -- _ 20 CORAL DR Cc7:t CARLISLE, PA 17013 ,. WWR#20136631 VIN ViAlkSNN"d �,j��o� a��w��a��;�: �► Ili �' ��.� �l j1d 9Z 33 '�i . �1 � �,�, 1 2a � N o OA �� IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff VS. Civil Action No 13-6707 CIVIL KATHY BROWNAWELL Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, KATHY BROWNAWELL, above-named, in the amount of$1,553.68 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of$1,553.68. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, KATHY BROWNAWELL, in the amount of $1,553.68 plus continuing interest thereon at the statutory rate of 6.00%per annum from the date of judgment, and costs. 3. Defendant shall pay monthly at a rate of$50.00 commencing on January 05, 2014 and each month thereafter until the balance is paid in full. 4. All payments are to be made payable to the order of"MIDLAND FUNDING LLC." 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 7th Ave Ste 1400, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fails to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. ding to be legally bound,the parties set their hands and seals this day i WELTMAN, WEINBERG& REIS CO., L.P.A. By. ,,._---- Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh, PA 15219 WWR#20136631 A PIT ABR KAT BROWNAWELL 20 CORAL DRIVE CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff vs. Civil Action No. 13-6707 CIVIL KATHY BROWNAWELL Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgm nt was entered against you on (xx) Assumpsit Judgment in the amount of$1,553.68 plus costs. ( ) Trespass Judgment in the amount of$ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary KATHY BROWNAWELL 20 CORAL DRIVE CARLISLE, PA 17013 By: PROTHONOTARY (OR DEPUTY)