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Home My WebLink About14-0850 n s Supreme Court,ofP.ennsylvania WWR;# 20260558 C A Pit ABR Courfof Common'Tleas Cover,,Sheet For Prorhormtag Use On11•: fFr. C UMBERLAND. ',,, -- f. 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 and service of pleadings or other papers as required by low or rules of court. Commencement of Action: S L'S 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 RANDY MCALLISTER I 0 Are money damages requested? El Yes ❑ No Dollar Amount Requested: El 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 W No Name of Plaintiff /Appellant's Attorney: William T. Molczan,47437 ❑ Check here if you have no attorney (are a Self- Represented [Pro Sel 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 J4 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 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 L A t a FEB 14 p CU' 1�3ERLA D PE"S Y01 ' y� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC �V l Plaintiff No: ICA 7 VS. COMPLAINT IN CIVIL ACTION RANDY MCALLISTER 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 20260558 C A Pit ABR v 2 d--- 261 (oa8 IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION . MIDLAND FUNDING LLC Plaintiff vs. Civil Action No RANDY MCALLISTER 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) RANDY MCALLISTER is/ are individual(s) residing at 1117 COLUMBUS AVE APT 4, LEMOYNE, PA 17043. 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 YXXXXYXXYXXX8745 (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 $3070.37 as of 2013- 12 -04. 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 $3070.37, together with interest and costs of this action. / By Weltman, Weinberg & eis, Co., LPA Attorney for Plaintiff Page - 1 IIII�II�II�I��IIII��I�I��IIIiII� InII�0�l�ll�l�lllll�l�ll�l�llllll�pl�l��ll�l�l�l II�II�IIIII�II�IIDI�a�Q��ll�l 8544097292 AFFINDEBTMEDIA 20260558 i Payment Due Date New Balance Past Due Amount Minimum Payment 12/08/11 $3,070.37 $677.00 $817.00 Account number: X8745 - Make your check payable to: Chase Card Services. Please write amount anclosed. New address or e-mail? Print on back. 60140 BEX RANDY MC drlrrllllrlPlllld{ riltlIII I I II llhr Ji ll III III III nll rrpllr 1117 COLUMBUS AVE APT 4 LEMOYNE PA 17043 -1724 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886 -5153 IrrdUrtdlltw6drdlrtrdllrrdn6lr6dllrrrr [oil llull CHASE Manage your account online: Customer Service Additional contact www.chase.com/creditcards 1 -800- 945 -2000 information on back ACCOUNT SUMMARY PAYMENT INFORMATION Account Number. 8745 New Balance $3,070.37 Previous Balance $2,960.64 Payment Due Date 12/08/11 Payment, Credits $0.00 Minimum Payment Due $817.00 Purchases $0.00 Late Payment Wanting: 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 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 +$74.53 payment each period, you will pay more in interest and it will take New Balance $3,070.37 you longer to pay off your balance. For example: Opening /Closing Date 10/12/11 - 11/11/11 If you make no You will pay off the And you will end up Total Credit Line $2 additional charges balance shown on paying an estimated 5flfl using this card and this statement in total of Available Credit $0 each month you about... Cash Access Line $500 p Available for Cash $0 Only the minimum 16 years $9,374 payment If you would like information about credit counseling services, call 1-866 -797 -2885. YOUR ACCOUNT MESSAGES Important Message: You Are Overlimitl Your statement balance exceeds your credit line. You should make a payment that includes the ovedimit amount to !ring 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 ACTIVITY Date of Transaction Merchant Name or Transaction Description $ Amount 11/08 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD $35.00 �LT sil, A�sx 'r�St?7}n n x�n 11111 PURCHASE INTEREST CHARGE �� a 74.53 TOTAL INTEREST FOR THIS PE RIOD $74.53 Total fees charged in 2011 $215.00 EXH I B IT Total interest charged in 2011 $516.92 Year -to -date totals reflect ail charges minus any refunds applied to your account INTEREST CHARGES I 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 Cha 3, }�lfi� :(.��f' 3 ' � ,+• of � �t 3��r�[T 9 t. 5 �£��117e4�i�ibT{� r�t' 7n i Fltb�i�'Yk Purchases 29.24% (v) $3,001.21 $74.53 This Statement is a Facsimile - Not an original 0000881 FIS33338 0 8 1180 N Z 11 "11111 11111 Page 1 of 2 05686 MAMA 60140 31510000080806014001 X Address Change Request Please provide Information below only it the address information on front is Incorrect Street Address: -- ------- - - - - -- City: — - -- - - - - -- State: -- DID: - - -- -- Htm1e 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 end /or visit our website shown below to provide us with additional contact information. To contact us regarding your account: Telephone: In 7 o In U.S. 1-800 -945 -2000 Espeflof 1488-446-3308 ' e TOD 1- 800 - 955.8060 Send Inquiries to: Mal) Payments to: Visit Our WeDStte: Pay by phonel- 800 -036.7958 P.O. Box 15298 P.O. Box 15153 www.chese comYC OW&AE p, Outside U.S. call tolled Wilmington, OE 19850.5298 Wilmington, DE 19886 -5153 1. 302 - 594-8200 i Information About Yaw Account advances, promotional balances a overdraft adwrces). These calculations may Crediting Yen ry make of Pa ante: You m o combine alftererl categories with the same periodic rates, Variable rates will vary Payments by airy of the ooUons Rated Maw. wil h the market based on Ihe Prime Ram (or such Index described to u Account The anouMMyour payment Stoup be at least your minimum Payment due ,payable Age) There is a minimum Interest charge of $1.50 far such amount described In U.S. dollars and dramm or payable through a US. flancit Institution or IM U.S. In your Account Agreement) In any billing cycle In which you owe any ptbdk branch of a foreign financial Institution. (Merest charges, and a transaction foe for each balance tramper, ash advance, or You may make Payments by regular U.S. MR. Send your payment to the Payments check transaction, In the amounts stated in your AOCOWA Apsernmt, as A may be address shwon on this statement. Your orymem by mall must amply with th amended There is a foreign transaction lee of 3% of the U.S. dollar amount of arty Inslmetions on this sluemem. Do riot send cash. Write yaw Aoaum number on foreign transaction for such amount described In your Account Agreement). your check or money order. Payments must be accompanied by the payment own Now to Avoid Paying Interest as Pbmhates: We begin tssesshg Poo In In envelope provided! o our addles visible through tut emeioPaa•1ndwr, ,the chargerona tmrreacdon,fee,«Irterest cbergetromthedote0 lsaddedto yowdaly envebd Onrrot contain nnm than one DayrlYm or coupon; and them an be no balance until Vow Account is act in full, ss described In row Amount Agreement. st aples. Paper clips, tape a correspondence Inch" %YAh your Payment. II your Your due date will be a minimum of 21 days following the close of each ogling cycle. Payment Is in amordmce with oar Payment Instructions and Is made available to us You on amp periodic interest charges on now Purchases when they we first blood on orryday by 5:00 Pm. but llme at oar Payments adlmss onthisstatermem, wealth to a statement as.described below, bill this does put apply to balance ministers. credit the payment to you a a Out ut day, it your peymem is in accordance ash advances a overdraft advances. II you recent a current monthly statement that with our payment instructions, but Is made avallabit to us after 5:00 p.m local t me includes new purchases and make a Parrett that we neeehee by thedate and thnetfe at the Payments address on this statement, we will credit It to your Account as of Minimum Payment Is don for that statement, we will tot charge periodic interest on the next calendar day any portion of thou new area sta that we allocate such payment to, so long as 1) You may make payments electrorinly through our webste shown on thisstatemeM. your current allotment also shows that we received prymsnt of the ending ball Pop If we realm yorm competed request on our websim by 5 P.m Eastern Time, we will la your prevails month's statement by lie date and time its Minimum Payment ohs m credit yaw payment of that day. if we receive you request alter 5 inn. Eastern due ON 2) that the ending balance tar your previous rhromhr's statement was Otto, 11 Time, we will credit your payment n of the next aleMar day. If you specify a future you have a balance other than a purchase balance and that balance carries s higher dale In your request we will credit your poyrtntm as of that (ry. Periodic interest um. you may net be able to amid ptbdb Interest charges on rwV purchases 1 you do not PaY your balara in full each mouth, bemuse we generally For all other payments at ter any payment type atom for whkh you do now follow our tlbcale DaYpeMS first to the balance with the highest Periodic Merest rate. Payment InshuMore, cradling of your Payments may be delayed tar up to 5 days. [ghat To Do R You Think Yos FMd A Mistake On Your SbtemaM Account Inform effort Reported to Credit 9mrean r, We may report Us--ion aepd your Account to credit bureaus. Late payments, missed payments or other defaults If you think there Is an error on your statencm, vile to m on a separate sheet onyourAcaut may be reflected M your credit report. P youthlnk we ham reported arastamt Service. P.O. Box 15299 Wilmington, 0E 19050-5200. You may also Inaccurate information to a credit bureau, you may write to us at the Inquiries address annular us on the web at chase com. shown on this statement. In your letter, give m the Ingwving into Hon: to Sella and Manna Asyof Year Acc000ts):We, our representatives, JIMoran . Amount Information Your name and Account number. Chase representatives, andvor afflures, may contact you at any telephone number you Provide to us. Please infer to your Cadmember Agreement for additional debfls • Dollar amount The dollar amount Of the suspected error. about the use of your Poncho ImomMbn. • Description of Problem: It you think them is an error on your b01, describe Nathe Abut Vaelmnle cheek Conetaoit When you ay by theck you awhorim what yon believe is wrong and why you begun it is a mistake. US eilher to use imormotion from you check to =it a one-tine ekctmmc fund You muslamaa awilhin GD days alit theiotom appeared on your statement. tnnsfer from your ocaut a to Process the Payment as a check transition. When we use information from your oneckto take an oleelmnk land tenser, funds may You must notify us of any pterrial errors in willog or on the comb at cromemn. You be w1mch awn tram your 40ODUM as soon as the same day one mart" your payment, may all us, bur P you do we are not required to Investigate any Potential errors end and you will nor recent you check back from your f rciall Institution. Ca1 the you may haw to oaythe amount In question. gnstoner $01000 number on this sttemcm 11 YOU have question about electronic check collection or do nod wim your paymenis collected elearonicaly. Wide we Investigate whether or not them has been an ema, the following we true: Cordlbaal Payments: Any payment check a other form of aymenl that you send • We cannot try to Collet the unewil in auction. of report you as delnoluell on as for less than the fail balance out the Is marked 'Paid In hrP a amain a similar that amount. notation, or that you otherwise tender In fed satisfaction of a disputed amount, The charge In question may remain on must be sent to Card Services, P.O. Box 15049, Wilmington, DE 198503049. We to Charge you trtemt m that amotM, But, s e wn Odem#ro we made o reserve an au rights rear" these payrmems (e.g., P D is determined them Is M mistake. wn You will not have to pay the wild dispute or P any such ehack b received t arty other soulless, we may accept otherfees relsted to that amt. amount b question or airy Interest a the check and you wit sort we any remumkg balwa). We may reuse to accept any such Payment by retuning If to you, al coshing k or destroying ft. As other • while you do at ham to pay the amount In question. you are responsible for paymas that you nuke should be sent to the regular payment address Sham on the remainder M you balance. Misstatement. • We can apply any Unpaid amount agabat your credit limit. Annual Removal Naha: N your Aaoum Agmemerat has in annual membership foe year R,QM, ht Yon Are oiitatlined With you Caudill card Purchases ancYor similar charge tot Issuance Of availability t your apaum. twill be bllbd each year a In monthly a Quarterly installments. Thsfee andfor charge are mood whether it you am dissatisfied with the goods or services that you haw pwclused with your or not you use your Account, and you agree to pry them when bored TM annual credit and, and you have tried in good Faith to amed the probimwlth the mwr chard. Ix and charge am namielurdable ur I you ally as that you wish to close your you may ha" the right not to ay the remaining amount due on the purchase. acaunl within 30 days or one billing cycle (whkhe er is less) after we provide the statement on which the tonal fee a d rargt Is b led and at the same time, you ay To use this right, al of the following rued be tme: your OutsFandlrg balance In full. It you do tuts, for a charge billed me often than 1. The Purchase must haw been made In your Mme state a within 10D mills annually such as a monthly service charge, you we not owe the last billed charge; of Your artert mallkg address, and the purchase price roust haw been however, Prior hired charges are rortttundabh and mast be aid as art t aNtg mare than SM. (Note: Neither of these are necessary N your Purchase was your outstanding balance In full. Yom prymerA or the va ual fee or Charge don tot based an an admrtisemed we mtled to affect our rights to Close your Account and to gmk yaw rbMto make tnratt sa p lons on Ya.mram own the company let your Account. If your Account Is closed by you a a us, we will minue to Impose the You the goods a services.) ann full" and /orcharge unto you payymr outstanding balance In full and temriam 2. You must hawused youraadit card for the purchase. Putharsesmadewith your Account relationship. ash advances tram an ATM Of with a oMek the sea= your aedt Ord CakmaUm of Bakace SpiritualSpiritual to IMeretl Rate: TO figure your periodic Interest Aaourd do W Quality. charges for each billing cycle when a deny poniDto rate(s) applies, we use fie daily 3. You must not yet have fully act for the pachase. Wilms method (Including current mammalians), To figure your PVWIC Imtesl II all of the cents above are met and are iota r1✓sso ?istkd with the purchase. charges for inch billrq fiche when a mouthy pentacle fam(s) applies, we use the am etlz balance method includ current transactions). FOr an amact is b writing at Customer Sen6ce, P.O. Box 15299 Wlmkginn, DE elt o,9 PaY C io0 ) exiFa on your , IMO-5299 or m the web at chose.com. hr nettod, at queshre tboabout a Portraitist Interest Interest charge calculation on you statement Please as US at the toll tree adomer service phone number listed above. While won Investigate, the amt rules apply to the disputed amount as discussed We calculate Periodic Merest charges, using the applicable periodic rates shown above. After we finish ourimesligallon , wevt9 tell you our cadsion. At that Point. If on this statement sedately fa inch holds, (e.p., alma transfer checks and we think you a we to amount and you do nol pay we may report you as delhqumt. ash advance checks ('near translelon - ), Dumhasm balance transfers, ash MA111B2010 Statement Date: 16!11111 - 11111111 Account Number: STMOWM08745 Page 2 of 2 INTEREST CHARGES CONTINUED Your Annual Percentage Rate (APR) Is the annual interest rate on your a000unt. Annual Balance Balance Percentage a Subject To Interest Type Rate (APR) Interest Rate Charges III 5P 1 vu .i.,,...s .ar - N I MM11:1 :! 1: 1 M: i 1;l 1 : � 1: t , JU �-" '52:1:! Q, Maio Abillnudm did n Cash advances 29.24 %(v) -0- -0- "� »,.., F1 Balance transfers 29.24% (v) 0 (v) = Variable Rate 31 Days In Wiling Period Please see Infomhation About Your Account section for the Calculation of Balance Subject to Interest Rate, Annual Renewal Notice, How to Avoid Interest an Purchases, and other important information, as applicable. This Statement is a Facsimile - Not an original X 0000001 FIS33338 D 8 000 N Z 11 11/11/11 Page 2 012 05686 MAMA 80140 31510DOOOB000SO14002 w• Verification Paige Duncan, 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. 'JAN 27P014 Date qZ Pa ge Duncan OH 14 Weltman, Weinberg & Reis. Co., L.P.A Page - 2 IIIQII�II�I��III ®1�0�1��11�1� I111111111111 oil 11111111111111111111111111111 1IN111111111111 oil 111111111 8544097292 AFFINDEBTMEDIA 20260558 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson m _ ,' ;y Sheriff R O THO? ,„„ 09 at�rtt� r ray Jody S Smith , ' Chief Deputy j ° Richard W Stewart CUMBERLAND COUNTY Solicitor (7E E PENNSYLVANIA Midland Funding, LLC vs. Case Number Randy McAllister 2014-850 SHERIFF'S RETURN OF SERVICE 02/24/2014 03:04 PM- Deputy Shawn Gutshall, 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: Randy McAllister at 1117 Columbus Avenue, Apt. 4, Lower Allen, Lem• •- PA 17043. 1elv - ..._Jaw---- - "''GUT'ALL, DEPUTY SHERIFF COST: $46.08 SO ANSWERS, February 25, 2014 RONINIS'R ANDERSON, SHERIFF )se. MIDLAND FUNDING LLC Plaintiff vs. RANDY MCALLISTER TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION rO .rr_ t..� r1ICI ?CHI 111Y -7 P! 2: ?2 CUMBERLAND LAND COU PENNSYLVANIA 1 Civil Action No. 14-850 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant RANDY MCALLISTER above named, in the default of an Answer, in the amount of $3070.37 computed as follows: Amount claimed in Complaint $3070.37 Less payments / adjustments made $0.00 Attorney's fees $0.00 TOTAL $3070.37 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. Molczan,L'7437 20260558 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 : RANDY MCALLISTER 1117 COLUMBUS AVE APT 4 LEMOYNE, PA 17043 Nas Ilo.supd at66 CAA sFou,s(i -�# 3ds--)ti �b�1C4)cLtd IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff vs. RANDY MCALLISTER Defendant TO: RANDY MCALLISTER 1117 COLUMBUS AVE APT 4 LEMOYNE, PA 17043 • (//q Date of Notice: Case No. 14-850 CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 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 20260558 A PIT A4S MIDLAND FUNDING LLC Plaintiff vs. RANDY MCALLISTER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14-850 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 (SORA), 50 U.S.C. App. 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, RANDY MCALLISTER 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: RANDY MCALLISTER 1117 COLUMBUS AVE APT 4 LEMOYNE, PA 17043 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 : Apr -28-2014 10:20:53 AM SCRA 3.0 Status Report Pursuant to Servicernembers Civil Relief Act. Last Name: MCALLISTER First Name: RANDY Middle Name: Active Duty Status As Of: Apr -28-2014 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 Das 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 HisMer 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. 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 NationalOceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broade?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 thiecertificate. 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 makeui'e 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: V9D2QB72SOECTOO MIDLAND FUNDING LLC Plaintiff vs. RANDY MCALLISTER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14-850 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the folioir g Order of Judgment was entered against you on 11 11f . (xx) Assumpsit Judgment in the amount lof $3070.37 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 Award Prothonotary By: PROTHONOTARY RANDY MCALLISTER 1117 COLUMBUS AVE APT 4 LEMOYNE, PA 17043 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