Loading...
HomeMy WebLinkAbout14-0287 Supreme Court 0 _ Pennsylvania � ;` 20039161 C A Pit ABR Court of Common -Pleas vfl Cover,Sh For Prothomian- Use Only: ; C UMBERLAND+: County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing iling and sen4ce of pleadings or other papers as required by low or rules of court. Commencement of Action: S 13 Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction 13 Declaration of Takin C Lead Plaintiffs Name: Lead Defendant's Name: T MIDLAND FUNDING LLC JOHN COOPENS I 0 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 13 No Is this an NMJ Appeal? 13 Yes 12 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 X 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 E3 Product Liability (does not include 13 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 i THE X14 J, PENNSYLVANIA COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC QQ Plaintiff No: VS. COMPLAINT IN CIVIL ACTION JOHN COOPENS 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 20039161 C A Pit ABR auA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff vs. Civil Action No JOHN COOPENS 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 r r 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. Midland Credit Management, Inc. (hereinafter "MCM ") records show that the Defendant, JOHN COOPENS, is an individual residing at 62 E. KING STREET, 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 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 CHASE BANK USA, N.A. account XXXXXXXXXXXX7991 (hereinafter "the account "). MCM services the account on behalf of the Plaintiff. 5. MCM's records state that this action is based upon a credit agreement entered into between defendant and the original credit grantor. MCM's records further state that Defendant used or authorized the use of the credit account but failed to make the payments due pursuant to the agreement. 6. MCM's records show that the Defendant owed a balance of $1,844.07 as of December 30, 2011. 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 in the amount of $1,844.07, together with interest and costs. By Weltman, Weinb & Reis, Co., L.P.A. Attorney for Plaintiff WWR No. 20039161 Payment Due Date New Balance Past Due Amount Minimum Payment a 01/21/12 $1,844.07 $501.00 $597.00 Account number:111WININW991 Make your check payable to: Chase Card services. • Please write amount enclosed. New address or e-mail? Print on back. Ex D JOHN �Ilrlrll�llll 'IIIIIrIll�lllll���l ll�lll '�Ill��ltllltrltlll�lltlrl JOHN CO OPE OPENS 62 E KING ST SHIPPENSBURG PA 17257 -1344 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886 -5153 1u11ilurlulrlliJrindutllnlluiulriniltlulrinlulrl CHASE Manage your account online: Customer service Additional contact w .chase.comlcredkcards 1- 800- 945 -2000 information on back ACCOUNT SUMMARY I PAYMENT INFORMATION Account Number: 4185 5727 0790 7991 New Balance $1,844.07 Previous Balance $1,766.02 Payment Due Date 01121112 Payment, Credits $000 Minimum Payment Due $597.00 Purchases $0,00 Late Payment Warning: 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 $0.00 up to $35.00 and your APR's will be subject to Increase to a maximum Penalty APR of 29.99 %. Fees Charged +$35.00 Minimum Payment Warning: If you make only the minimum Interest Charged +$ payment each period, you will pay more in interest and it will take New Balance $1,84407 you longer to pay off your balance. For example: Opening /Closing Date 11/25/11 - 12/24111 If you make no You will pay off the And you will end up Total Credit Line $5 additional charges balance shown on paying an estimated using this card and this statement in total of Available Credit $3,155 each month you about... Cash Access Line $1 pay•• Available for Cash $0 Only the minimum 20 years $5,952 payment If you would like information about credit counseling services, call 1- 866.797 -2885. YOUR ACCOUNT MESSAGES 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. REWARDS SUMMARY Previous Points Balance 0 Thank you for using the credit card that eams Points Earned on Purchases This Period 0 rewards that can be used for travel, gift cards, Points Earned Through Chase Rewards Plus 0 cash, or merchandise. Remember, you can New Total Points Balance 0 earn points by using your Chase credit card for everyday purchases like groceries, gas, and drugstore purchases. Your Chase credit card eams 1 point for every $1 you spend on purchases. Add authorized users, and sign up to have your monthly bills charged to your card. Why not get rewards for all those purchases too? It's that simple. Simply go to chase.com /rewards to choose your reward today! ACCOUNT ACTIVITY Date of Transaction Merchant Name or Transaction Description $ Amount rr�` q'w, *v<;+x� i �r'r six^ m r :n t asz y. �'�e'.t�a''s,�a�q' i �� s ��� zt�`��•,� .��. • �� tt? �r�"t���kn 3 � ¢+i �e e �',tc�h�c�2i l�u�:.ek u.�3� . ' % �k r?m?N.1 .'aemrr ffe,.[h, fff. nzt F7.�� 2fitrtviYUe.n.fi' 11.t.�m. 4FraYi 12/21 LATE FEE 35.00 TOTAL FEES FO THIS PERIOD yct _ _ $35.00 { as "e alb 6 u l 34 3 m�Sli . S S _W""'Fr�OWN- 1*3;- ��'�,:��0��45� 12123 PURCHASE INTEREST CHARGE 43.05 TOTAL INTEREST FOR THIS PERIOD $43.05' MITp t �m,7s`fnttiu :. Pia? Total fees charged in 2011 $300.00 ` I Total interest charged in 2011 $304.20 Year -to -date totals reflect all charges minus any refunds applied to your account. This Statement is a Facsimile - Not an original 0000001 FIS33338 D 10 . 000 N Z 24 11/1224 Page 1 of 2 05008 MAMA 79870 35710000100007967001 �( 0050 Address Change Request Please provide information below only if the address information on front is incorrect. Street Address: — --------------- - - -- City: ------ - - - - -- State: -- Zip: 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. To contact us regarding your account: i © By Telephone: in U.S. 1-800- 945 -2000 Espallol 1- 888. 446.3306 Send Inquiries to: Mail Payments to: Visit Our Website: TOO 1- 800.955 -8060 Pay by phone l- 800436 -7958 P.O. Box 15298 P.O. Box 15153 wwuv chase comlcredtcerds m Outside U.S. cell collect Wilmington, DE 19850 -5298 Wilmington, DE 19986 -5153 1.302- 594.8200 Information About Your Account rates will vary with the market based on the Prime Rate or such Index described Crediting of Payments: You may make payments by any of tye options BSted below. i your Account Agreement. If any interest charge is due, to will charge cc u at >� least a minimum interest charge of SL60, or such amount stated in your Account ® The amount ofyow payment should be at eastyour minimum payment due, payable Ag�rmant. There is a transacfbn fee for each balance transfer, cash advance, or To U.& dollars and drawn or payable mmugh a U.S. firancief McMullan or the U. S. checktrensadion in the amount stated!nyola Account AgremeM.Thereralorelgn branch of a foreign financial institution. You car, pary down balances faster by paying transaction fee of 3% of the U.S. dollar amount at any foreign transaction for sons more than the mmimum payment a the total unpaid balance on your account. accounts. Pines, see your Account Agreement for information about these fees. You may ma payments by regular U.S. —if Seed your payment to the Payments We add transactions and tees to your daily balarvx ro earlier than: address shown on this statement. Your payments by mail must comply with the indnletiora on this daternrA. Do not send cash. Write your Account number on t) the date of the transaction - for new purchases, balance transfers, overdraft your check or money order. PaymeMS must be aecempanlad by the payment coupon odwricesoroashedvances: in the envelope provided with our address visible Nrough the envelope Window: the 2) the date the payee deposits the crack - for new cash chance checks or envelope cannot contain more than one payment or codon; and there an be no balance Imnsfer checks: staples. paper clips, tape or correspondence Included with your payment. If your payment is in accoNancewifh our payment instructions and is made available to us 3) the dialect a related transaction, the date they are postedte vour mount. or on any day by 6:00 p.m. beat imaat ourPayments address on ihisdatement wewill the lad 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. but is made available to us after 5:00 p.m local time Now to Avoid Paying Interest on Putchan es: Your due date will he a minimum 0121 at the Payments address on thin statement, we will credit in to your Account as of days after the class of each billing circle. it YOU pay your amount in full each billing The next calendar day. period by the dale and tune due, no interest is charged on May purchases month to month. Also, vie unfit not impose interest charges on any pardon of a Purchase You may make paymentseiectronic alit' through ourwebsite shown on this statement. balance you repay while that balance is subject to all, interest -ime period. Sullied if we receive your completed request on ourwabsns by 8 p.m. Eastern Time. we will to am` interest -grey paned for new purchases, 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 Imnsection (including any balance hander, cash advance or ovetdrafl Time, we will credit your payment as of the next calendar day. it you speedy a future advance), tee or interest charge is added to you &BY balance until your account date in your request world credN your payment as Of that day. is paid in full. Because we apply payments in excess of your rMr'mum payment Foray other paymnlog1tor any paynront type above Wrwhichyeu do milollowtur first to higher rate balances. you my not be able to avoid interest charges on new payment institutions, credAmg of your payments may M unit tot up to 5 days. Purchases if you have Brother Interim al a higher in hunt rala unless you pay your balance in full each -nth. Account Intonnattan Reported to Chae t Onreass We may hepml indmurallon about What To Do If You Think You Find A Mistake OR Your Statement your Account to credit bureaus. Late pa (Rms. missed payments or ether defaults on your Account may be reflected in your credit report. It you think we have reported It You think there is an error an your statement. Wrnt to us on a separate sheet inaccurate information to a credit bureau, you rrywntetousalihelnouiriesaddran at Customer Service. P.O. Box 15299 Wilmington. OE YOU may also shown on this statement contact us on the web at chase.com. To Semite, and Manage Any of Your Account(s): We, our rearesenialives. JPMorgan In your letter. give us the following informaliorc Chase repreedmativ, anther aVdiate, may rnmad yrou at any telephone rmmber you provide to Us. Please rater mvOUTCardmember Agreement for additional details • Account inEormatian. Your came and Account numbsr. about the use of your personal Information. . Dollar amount The dollar amount of the suspected error. Nogte About Eiedeama, Check conversion: When you Day by check you aMbOr¢e . Description of Problem Ill you think there's an error on your bill. describe I'd either to use information from your check to make a one -time electronic fund what you believe is wrong and wiry you bereve N is a mistake. transfer from your account Or to process the payment 0 a check transaction What we use information from your check to make an electronic turd transfer, fluids may You must contact us within 60 days after the error appeared ca your statenrent . be withdrawn Lon youraten -Ir ae soon de the same day we emly, your payment. You must notify us of any tialamial errors in writing or oe theweb at chase.com. You and you will not receive your check back from your fireteiat institution Call the may callus, but do we are not regairedto investigate any potential errors and Customer Service number on this statlandru if you rave questions about electronic you may have to pay the amount in question. check collection Or do not want your payments collected electmnicalty. Conditional Payments: Any payment checkor other form of payment that you sell While we Investigate whether or Trot there has been an eau, the following are true: us for less than the full balance duo that is marked 'paid in full" or contains a similar W carnal Try to colkd theanloure in question. m milortyru as deluxasnl On notation, or that you Uuw wise tender in full salsfaiioe of a disputed amount, that arrount. must be sent to Card Services. P.O. Box 15049, Wilmington. DE 19850.5049. We -The charge in question may remain on yow slateme l and we may continue reserve all au rights regarding these payments (e.0., 0 n is determined there is up in charge you Interest on that amount. Bur, 4 we determine that we made a valid dispute or if am mov such check Is reed at any other address, via mall moral mistake 9 you vAil not have to Day the amount in question or only interest or the check and you will still awe any renvining telam .lye may refuse to accept other fees related n o that amount. apt such payment by returning d to you, roll cashing d or destroying It. All other paynents that you make should be send to the regular Payment address shown on . White you do not have to pay the amount in question, you are responsible for this statement. the remainder of your palimm Annual Renewal Nollce: If your Acaoum Agreement has an annual membership fee . We can apply any unpaid onlouat against yaw credd time. grid or similar charge for issuance or swillali of your account. It will be billed each year or in monthly orgaou ly installments. This toand,'cr Charge are Owed whether Your Rlghls It You Ate Dissatisfied Wilh Your Credit Card Purchases or trot you use your Account. and you agree to pay them when billed. The annual It you are dissatisfied with the goods or services that you have pu ,.rased with your fair and charge are non•refurtdable uMess you Rally rls that you wish to close your cradf card, and you have tried in good faith to correct mepmblemrththe merchant account within 30 days or oral Tieing shale (whichever 1s lass) after win provide the yo may have the Nhl not to pay the remaining Omani i doe on ton purchase . statement on w h ic h The armtal lea or sharp rs biried and at the same time, yrou pay your outstanding balance in full. if you do the. fm a charge billed more often than To Red this right, lap of the fallowing must be true: annually such as a monthly earned charge. you will not ore the last billed charge: 1. Thin purchase most hay, been made in our humid state or within. log miles ha -ter, prior billed charges are non - refundable and must be paid as Dart of paying P Y your outstanding balance in full. Your payment of The annual fee or charge does not of your current mailing address. and the purchase prim must have been alit our rights to close your Awoure and to tune yew right to make transactions on more IN, $50 INOW Neither of dime and recassily if your purchase was your Account. 11 your Account is closed by you or us, we will continue to impose the based on an advertisement we mailed to you. Of IhvY own the COMIneY that annual fee and/or charge until you pay your ordetarrJirg balance in full and germinate sold you the goods or services.) your Account relationship. 2. You must have used your credit card for The Durchas -, Purchases Made wRh Calculation of Balance Subieel to Interest Rate: To figure your periodic interest cash advances from an ATM or whh a check INOT accesses your credit card charges for each bulling cycle when a daffy periodic mte(s) applies, we use the daily Accent do not quality. balance method (including current transactions), To figure your periodic Interest 3, You must not yet have fully paid for Ulf purchase. charges for each brunt cycle when a monthly parodic rald(s) applies. we Reel Ills average daily balance method (ncluding current transactions). For an explanation of It all of the criteria above are met and you are still dissatisfied wall the purchase. either metholt or questions about a particular interest charge calculation an your contact as in writing at Customer Se , P.O . Box 15299 Wilmkrgtoa BE stalem.M. please call us at the toll free custorrr service phone rm,,her listed above. 19850.5299 or on the web at chnscom. We calculate periodic interest charges senratery for each feature (for example. While we investigate. the same rules apply to The disputed amoaM as discReeed purchases. balance transfers, cash advances 01 Overdraft advances). These above. After we finish our investigation, wewillteff you our decision. At that point It calculations may combine different categories with the same periodic rates. Variable we think you owe an amount and you do not pay we may report you as delinquent. MAtIG42011 Statement Date: 11/25111 - 12124111 Account Number: 7991 Page 2 of 2 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 .� .. { >twsiZ. ✓,l.'r�,ts,aur�,usfts: +� +.r +ur.trskY ,��l c.Pc4 e.fcf r �,L'�s1.n sSY.: : ✓�.r 4S`;t h�t�f,.. m.�z��R,f�ir��l�t�i,3 °.¢ti4rd3il7 Purchases 29.24% (v) $1,791.36 $43.05 Cash advances 29.24% (v) 0 -0- z "A r�f,�4u ir1 WE" Balance transfers 29.24% (v) -0- -0- (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 rIS33338 0 10 000 N Z 24 11/12/24 Page 2 of 2 05686 MA MA 79670 35710000100007967002 • r a Verification ASHLEY LASHINSKI, 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 record maintained on plaintiffs behalf. I am authorized to make this verification on plaintiff's 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. DEC 18 2 013 Date ASHLEY LAS SKI OH 14 Weltman, Weinberg & Reis. Co., L.P.A. WWR No. 20039161 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff THE PR's THONa TeiR ��t3tr �� t':�r�fa�crtr Jody S Smith 44 2014 JAN 24 AM 5: 5 Chief Deputy o Richard W Stewart CUMilERLANO COUNTY Solicitor � E PENNSYLVANIA Midland Funding LLC Case Number vs. John Coopens 2014-287 SHERIFF'S RETURN OF SERVICE 01/15/2014 11:07 AM- Deputy Dennis Fry, 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: John Coopens at 62 E. King Street, Shippensburg Borough, Shippensburg, PA 17257. DENNrSFRY, DEP U SHERIFF COST: $50.60 SO ANSWERS, January 16, 2014 RbNW R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS °3 s t `E' R ( Q ' S• `2 CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION i„UMBE LANG COUNTY PENNSYLVANIA MIDLAND FUNDING LLC Plaintiff vs . Civil Action No. 14-287 CIVIL JOHN COOPENS PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant JOHN COOPENS above named, in the default of an Answer, in the amount of $1844 . 07 computed as follows : Amount claimed in Complaint $1844 . 07 Less payments / adjustments made $0 . 00 Attorney' s fees $0 . 00 TOTAL $1844 . 07 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R. C. P. 237 . 1 on the dates indicated on the Notices . WELTMAN, WEINBERG & REIS CO. , L.P.A. By: William T. M. cza X47437 Or 20039161 C A Pit SJS Plaintiff ' s address is : c/o WELTMAN, WEINBERG & REIS CO. , L.P.A. , 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 And that the last known address of the Defendant is : JOHN COOPENS 62 E KING ST SHIPPENSBURG, PA 17257 DIV(' 516,f=t\pd 111j 0 k_ 1 S.090-7Qa --)7(:)utou jjci, )`..k31C-41 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff Case No. 14-287 CIVIL vs. JOHN COOPENS Defendant IMPORTANT NOTICE TO: JOHN COOPENS 62 E KING ST SHIPPENSBURG, PA 17257 Date of Notice: 21 0 I ) 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, CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA.17013 (717)2493166 WELTMAN,WEINBERG & REIS CO., L.P.A. By: Matthew Urban P.A.I.D.#90963 WELTMAN,WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh, PA 15219 Phone: (412)434-7955 (412) 338-7130 20039161 A PIT A4S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff vs . Civil Action No. 14-287 CIVIL NON-MILITARY AFFIDAVIT JOHN COOPENS The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows : Affiant states that the within Affidavit is made pursuant to and in accordance with the Servicemembers ' Civil Relief Act (SCRA) , 50 U.S.C. App. 521 . Affiant further states that based upon investigation it is the affiant ' s belief that the Defendant, JOHN COOPENS is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC) , which states that the DMDC does not possess any information indicating that the below individual is in the military service: JOHN COOPENS 62 E KING ST SHIPPENSBURG, PA 17257 Affiant further states that the averments contained herein are true and correct to the best of Affiant ' s knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C. S .A. Section 4904 relating to unsworn falsification to authorities . AFFIANT Department of Defense Manpower Data Center Results as of:Feb-26-20140751:30 AM SCRA 3.0 art'„�w`*��a•-� �f Status Report Pursuant to Servicemembers Civil Relief Act Last Name: COOPENS First Name: JOHN Middle Name: Active Duty Status As Of: Feb-26-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual lett active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. filartit / `' 4111101e4*-11/,;enkiwr Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 37TBPOACHO62TFO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff vs . Civil Action No. 14-287 CIVIL JOHN COOPENS NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order of Judgment was entered against you on 3'lo\‘‘.( (xx) Assumpsit Judgment in the amount of $1844 . 07 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 (xx) Default ( ) Verdict ( ) Arbitration A rd Prothonotary 77) Ve By: PROTHONOTARY (OR DEPUTY) JOHN COOPENS 62 E KING ST SHIPPENSBURG, PA 17257 Plaintiff ' s address is : c/o WELTMAN, WEINBERG & REIS CO. , L.P.A. , 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 1;',„: fE F•RoTHC":40' TA 2011110 1 7 p 1: CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff VS. JOHN COOPENS No. 14-287 CIVIL STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. # 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 7th Ave Ste 1400 Pittsburgh, PA 15219 (412) 434-7955 WWR# 20039161 A PIT ABR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff vs. JOHN COOPENS Defendant Civil Action No. 14-287 CIVIL PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, JOHN COOPENS, in the amount of $1,844.07 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney for Plaintiff T COOPENS 6 KING ST SHIPPENSBURG, PA 17257 WWR# 20039161 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff vs. JOHN COOPENS Defendant Civil Action No 14 -287 CIVIL 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, JOHN COOPENS, above - named, - in the amount of $1,844.07 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 $1,844.07. 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, JOHN COOPENS, in the amount of $1,844.07 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 $150.00 commencing one, 13and each M4414 15 month thereafter until the balance is paid in full. 4. 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 Wellman, 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. All payments are to be made payable to the order of "MIDLAND FUNDING LLC." 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. 9. Intending to be legally bound, the parties set their hands and seals this / day of / 1'.f4c ,20 / 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# 20039161 A PIT ABR j • HN COOP n2E KING ST SHIPPENSBURG, PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff vs. JOHN COOPENS Defendant JOHN COOPENS 62 E KING STREET SHIPPENSBURG, PA 17257 Civil Action No. 14 -287 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or J dg ent was entered against you on 5)1'1 ki (xx) Assumpsit Judgment in the amount of $1,844.07 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 By: ../ PROTHONOTARY (OR DEPUTY) a CUMOCR 1 P titgS yL V,�j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC., No. 14-287-CIVIL Plaintiff, MOTION TO AMEND CAPTION, NUNC PRO TUNC, TO CORRECT THE NAME OF THE DEFENDANT vs. JOHN COOPENS, FILED ON BEHALF OF Plaintiff Defendants, COUNSEL OF RECORD OF THIS PARTY: Weltman, Weinberg& Reis Co., L.P.A. Matthew D. Urban, Esquire PA I.D. #90963 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#20039161 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC., No. 14-287-CIVIL Plaintiff, VS. JOHN COOPENS, Defendants, MOTION TO AMEND CAPTION,NUNC PRO TUNC, TO CORRECT THE NAME OF THE DEFENDANT AND NOW, comes Plaintiff, by its counsel, Weltman, Weinberg & Reis Co., L.P.A. and moves this Honorable Court to enter an Order pursuant to PA.R.C.P. 1033 Amending Plaintiff's Complaint, Nunc Pro Tunc, to correct the f name of the Defendant, from JOHN COOPENS to JOHN COPPENS on the following grounds: 1. On or about January 13, 2014, Plaintiff filed a civil action against the Defendant, John Coopens, seeking to recover a credit card debt. 2. On or about January 15, 2014, the Sheriff of Cumberland County properly served Defendant, John Coopens. 3. On or about March 17, 2014, Plaintiff filed a Default Judgment against the Defendant, John Coopens, in the amount of$1,844.07. 4. Defendant notified Plaintiff and advised that his last name is spelled incorrectly on the suit. 5. Plaintiff avers that the Defendant, John Coopens, will not be prejudiced by changing the caption to correct his name, as Defendant, John Coopens, was provided the correct account number and creditor information. 6. It is the policy of Pennsylvania Rules of Civil Procedure 1033 to freely allow the amendment of pleadings when justice so requires. WHEREFORE, Plaintiff moves this Honorable Court to enter an Order Amending the Caption, Nunc Pro Tunc, to correct the name of the Defendant from JOHN COOPENS to "JOHN COPPENS". WELTMAN, WEINBERG& REIS CO., L.P.A. Matthew D. Urban, Esquire PA I.D. #90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#20039161 CERTIFICATE OF SERVICE A true and correct copy of Plaintiff's Motion to Amend Caption, Nunc Pro Tunc, To Correct the Name of the Defendant has been served by U.S. Mail, on the 6 day of J uAa- , 2014, upon the following: JOHN COPPENS 62 E. KING ST., SHIPPENSBURG, PA 17257 By: Matthew D. Urban, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC., No. 14-287-CIVIL Plaintiff, z - cn r �- �. JOHN COOPENS, Defendant, - = ER OF COURT 13�4- AND NOW,to-wit, this day of 2014 upon consideration of Plaintiff's foregoing Motion to Amend Caption, Nunc Pro Tunc, to Correct the Name of the Defendant, JOHN COOPENS, it is hereby ORDERED, ADJUDGED and DECREED pursuant to PA.R.C.P. 1033, that Plaintiff s Complaint is Amended to correct the name of the Defendant from JOHN COOPENS to "JOHN COPPENS". Therefore, caption should read: MIDLAND FUNDING LLC., vs. JOHN COPPENS It is further ORDERED, that the Prothonotary of Cumberland County, Pennsylvania shall Amend the Docket entries and the Judgment Index to reflect the Amendments contained in this Order. BY THE C URT: Th as A. Racey ommon Pleas Judge OV