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Home My WebLink About14-0388 t Supreme C,,,,o��''urt o; Pennsylvania `}; 20272970 C A Pit ABR Courflof Common'leas t . � ± • �'rl Civif Gower Sh W t For Prothomlan• Use On4y: C UMBERLANII�r, COUnty Docket No: The information collected on this form is used soleh: for court administration proposes. Tlris form does not supplement or replace the filing and service of pleadings or other papers as required bi% low or rules of court. Commencement of Action: S 13 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 MICHAEL KITNER 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 NMJ Appeal? ❑ Yes Q 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 ❑ Malicious Prosecution 1K 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 13 Product Liability (does not include 13 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: I 0 ❑ Other: 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 1 RLA� 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC ..� Iq Plaintiff No: VS. COMPLAINT IN CIVIL ACTION MICHAEL KITNER 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 20272970 C A Pit ABR D3.7S pj �1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff VS. Civil Action No MICHAEL KITNER 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 z 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) MICHAEL KITNER is/ are individual(s) residing at 1419 S PHEASANT 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 Defendants GE CAPITAL RETAIL BANK account XXXXXXXXXXXX4564 (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!s records show that the defendant(s) owed a balance of $2651.96 as of 2013- 12 -09. 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 $2651.96, together . th costs of this action. By Weltman, Weinberg eis, Co., LPA Attorney for Plaintiff Page - I 8559206687 AFFINDEBTMEDIA 20272970 Lowe'e Credit MICHAEL V KITNER Card Account Account Number 0.564 Visit us at www.lowes.com /credit Customer Service: 1 -800 - 568 -0156 Summary of Account Activity Payment Information Previous Balance $2,651.96 New Balance $0.00 - Payments $0.00 Amount Past Due $0.00 - Other Credits $2,651.96 Total Minimum Payment Due $663.00 • Purchases/Debits $0.00 Payment Due Date 04/03/2012 • Fees Charged $0.00 Late Payment Warning:lf we do not receive your • Interest Charged $0.00 minimum payment by the date listed above, you may have New Balance $0.00 to pay a late fee up to $35.00. Credit Limit $2,200.00 Available Credit $0.00 Statement Closing Date 04101 /2012 Days in Billing Cycle 30 Transaction Summary Trion Date Post Date Reference Number/ Invoice Number Description of Transaction or Credit Amount 04101 04101 CHARGE OFF ACCOUNT- PRINCIPALS ($2,016.17) D4 /01 04/01 CHARGE OFF ACCOUNT *FINANCE CHARGES' ($635.79) FEES TOTAL FEES FOR THIS PERIOD $6.00 INTEREST CHARGED 04/01 D4 /01 INTEREST CHARGE ON PURCHASES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2012 Totals Year -to -Date Total Fees Charged in 2012 $35.00 Total Interest Charged in 2012 $171.94 Total Interest Paid in 2012 $0.D0 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Expiration Annual Balance Subject Interest Balance Type of Balance Date Percentage Rate To Interest Rate Charge Method Regular Purchases NA 26.99% $0.00 $0.00 2D Important Account Information Please Note: Enclosed is the Privacy Policy for this account. Please take a moment to read it, then keep if with other financial documents. If you have previously opted -out, you do not need to do so again. If your account has a deferred interest promotion and you would like us to apply a payment on your account In a different way, please call Customer Service to discuss other options that may be available. PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE, NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights Information and other important information. 7009 X5G 1 5 3 120401 Z X PAGE 1 of 1 9294 0010 D002 OICX7009 Detach and mail this portion with your check. Do not include any correspondence with your check. — I Account NumbowliONOWINW56 4 Total Minimum Amount Payment New Balance Pa ment Due Past Due Due Date $663.00 $0.00 04/0312012 $0.00 Payment Enclosed: s ❑ [1 [1 ❑ Fl . F1 F1 I�� II�II�II I I I �II I II�II� �B II� II� Please use blue or black ink. New address or email? Print changes on back. MICHAEL V KITNER EXHIBIT 1419 PHEASANT DR S CARLISLE PA 17013 -1260 Make Payment to: LOWE'S /GECRB P.O. BOX 530914 ATLANTA, GA 30353-0914 - ,a Verification Rhonda Schubloom, 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§ behalf. I am authorized to make this verification on plaintiff§ 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. JAN 0 3 2014 Date Rhonda Schubloom OH 14 Weltman, Weinberg & Reis. Co., L.P.A Page - 2 8559206687 AFFINDEBTMEDIA 20272970 SHERIFF'S OFFICE OF CUMBERLAND COUNTY c _k Ronny R Anderson -03 -i Sheriff meta '+1 0, 'tt !¢Sit t+ r"t� rri Jody S Smith ` �r�- ct T r; Chief Deputy Richard W Stewart <11:= --' Solicitor =CD 1 ..., ra7 f} -c ca Midland Funding LLC vs. Case Number Michael Vance Kitner 2014-388 SHERIFF'S RETURN OF SERVICE 01/27/2014 07:55 PM- 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: Michael Vance Kitner at 1419 Pheasant Drive South, North Middleton Township, Carlisle, PA 17013. DE IS FRY, U� SHERIFF COST: $35.27 SO ANSWERS, January 28, 2014 RONI4c' R ANDERSON, SHERIFF MIDLAND FUNDING LLC Plaintiff VS. MICHAEL KITNER TO THE PROTHONTARY: rILPD-OFFICE THE PROTHONOTAR-1 IN THE COURT OF COMMON PLEANAAPRII PM 3:31. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CUMBERLAND COUNTY PENNSYLVANIA Civil Action No. 14-388 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant MICHAEL KITNER above named, in the default of an Answer, in the amount of $2651.96 computed as follows: Amount claimed in Complaint $2651.96 Less payments / adjustments made $0.00 Attorney's fees $0.00 TOTAL $2651.96 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. Molcza 47437 r- 20272970 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 : MICHAEL KITNER 1419 S PHEASANT DR CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff vs. MICHAEL KITNER Defendant Case No. 14 -388 CIVIL IMPORTANT NOTICE TO: MICHAEL KITNER 1419 S PHEASANT DR CARLISLE, PA 17013 j Date of 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, CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249 -3166 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 20272970 A PIT A4S MIDLAND FUNDING LLC Plaintiff VS. MICHAEL KITNER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14-388 CIVIL NON-MILITARY AFFIDAVIT 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, MICHAEL KITNER 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: MICHAEL KITNER 1419 S PHEASANT DR CARLISLE, PA 17013 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. Department of Defense Manpower Data Center Results as of : Mar -31 -2014 10:40:55 AM SCRA 3.0 Status Report Pursuant to ,Sereicctnembers Civil IellefAct Last Name: KITNER First Name: MICHAEL Middle Name: Active Duty Status As Of: Mar -31 -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 left 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. Y�- 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 /PCO9SLDR.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: E8L11308B04EADO MIDLAND FUNDING LLC Plaintiff vs. MICHAEL KITNER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14 -388 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the fol pw'ng Order of Judgment was entered against you on //, �cr (xx) Assumpsit Judgment in the amount of $2651.96 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 Awa MICHAEL KITNER 1419 S PHEASANT DR CARLISLE, PA 17013 Prothonotary PROTHONOTARY (OR DEPUTY) 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