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Home My WebLink About14-1385 20292970 C A Pit ABR Supreme Court-,of-,Pennsylvania �v�vR� ,{_1 : . � Courfof Common Pleas ivifG ver,+Sh ForProthonotarr G'se Ontr: C tJMBERLAND',� ,,h C011nt}; Docket No: f , � The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S (2f Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction 13 Declaration of Takin C Lead Plaintiff's Name: Lead Defendant's Name: T MIDLAND FUNDING LLC STEPHEN FRANK 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 12 No Is this an MDJ 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 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 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 C3 Product Liability (does not include (3 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 T 1 1 'T F i "J 1 it 0 ' 1 5 CUMBERLAND COUNT Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff No: VS. COMPLAINT IN CIVIL ACTION STEPHEN FRANK 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 20292970 C A Pit ABR 3oQ sso IN THE COURT OF COMMON;PLEAS OF .CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff VS. Civil Action No STEPHEN FRANK 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. 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. MCMS records show that the Defendant(s) STEPHEN FRANK is/ are individual(s) residing at 1178 W TRINDLE RD, MECHANICSBURG, PA 17055 . 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 XXXXXXXXXXXX1895 (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. MCMS records show that the defendant(s) owed a balance of $1944.53 as of 2014- 02 -11. 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 $1944.53, togeth r with costs o�ction. By � I Weltman, Weinb rg & Reis, Co., LPA Attorney for Plaintiff Page - 1 I�IpIIII�III�IQIII��I01QI�I�nll� iiiiiiiiiiIIIIIIlligilIIlII11111111111111 111111011111111N11111IN11 8559477129 AFFINDEBTMEDIA 20292970 ` r STEPHEN P FRANK Visit us at jcp.com /credit Account Ending: "" "' 189 51 Customer Service: 1-800- 527 -3369 PO Box 965009 Odando FL 32896 -5009 Summary of Account Activity Payment Information Previous Balance $1,944.53 New Balance $0.00 - Other Credits $1,944.53 Amount Past Due $0.0D New Balance $0.00 Total Minimum Payment Due $643.00 Payment Due Date 10/22/2012 Credit Limit $1,691.00 Available Credit None Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late Statement Closing Date 10/21/2012 fee up to $35.00. Days in Billing Cycle 30 Transaction Summary Tran Balance Date Reference Number Type Description of Transaction or Credit Amount 10121 F91190OMP00999990 R CHARGE OFF ACCOUNT- PRINCIPALS ($1,469.40) 10/21 F911900MP00999990 R CHARGE OFF ACCOUNT *FINANCE CHARGES" ($475.13) FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED 10121 INTEREST CHARGE ON PURCHASES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 r Year-to-Date Total Fees Charged in 2012 $245.00 Total Interest Charged in 2012 $382.98 Total Interest Paid in 2012 $169.35 PLEASE NOTE YOUR MAILED PAYMENT MUST BE RECEIVED BY 5 P.M. (ET) OR YOUR 1"TORE PAYMENT MUST BE RECEIVED DURING STORE HOURS ON THE DUE DATE. NOTICE Your payment may be converted into an electronic debit. See reverse for details, Billing Rights Information and other important information. _I PLEASE DETACH AND RETURN THIS STUB WITH YOUR CHECK PAYABLE TO GECRB. Account Ending: " "" 189 51 Total Minimum Amount Past Due Payment New Balance Due Da P ayment ■ $643.00 $O.DO 10/2212012 FILL IN TOTAL PAID $ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ Bf'IIIII' II I �III1 �II� I "' New address or email? Print changes on the back. STEPHEN P FRANK 1178 W TRINDLE RD MECHANICSBURG PA 170554507 GECRB ! jcp EXHIBifi P.O. Box 960080 Orlando FL 32896-0090 5433 H9H 1 3 19 121021 Z X PAGE 1 of 3 9119 3400 D175 OlFC5433 I nterest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance Expiration Percentage Subject To Interest Balance Type of Balance Date Rate Interest Rate Charged Method Regular NA 29.99% $0.00 $0.00 E 5433 H9H 1 3 19 1.1021 E X PAGE 2 of 3 9119 3400 D175 OIFC5433 Verification Emily Walker, 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. FEB 18 2014 Date OH 14 Emily Walker Weltman, Weinberg & Reis. Co., L.P.A Page - 2 III�I�II�II�I�I��Oall�l�l��ll 1�1�11�1�11�11�II�1�1�1��III911��1�1�1101�1�11 I�III�II��IIn�II�01IiIa101�11 8559477129 AFFINDEBTMEDIA 20292970 SHERIFF'S OFFICE OF CUMBERLAND COUNTY 1-....1 -- Ronny R Anderson Sheriff ...70 J....' ...„... - -- Jody S Smith -<:▪ :— —4 CD Chief Deputy Richard W Stewart c! - Solicitor > co -,.., --.i ..'<: OFFICE OF THE t.i'HENFF Midland Funding LLC vs. Stephen Paul Frank Case Number 2014-1385 SHERIFF'S RETURN OF SERVICE 03/07/2014 02:29 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Tracey Noll, who accepted as "Adult Person in Charge" for Stephen Paul Frank at 1178 West Trindle Road, Silver Spring, Mechanicsburg, PA 17055. pa, ro • GUTSHALL, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, March 10, 2014 R*ONO R ANDERSON, SHERIFF CountySuite Sheriff: To!eosoft, MIDLAND FUNDING LLC Plaintiff vs. STEPHEN FRANK TO THE PROTHONTARY: fiE PR THO O IN THE COURT OF COMMON PLEAS 21114HA' J CUMBERLAND COUNTY, PENNSYLVANIA CUMBERL NI T CIVIL DIVISION PENNS YL AND Civil Action No. 14-1385 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant STEPHEN FRANK above named, in the default of an Answer, in the amount of $1944.53 computed as follows: Amount claimed in Complaint Less payments / adjustments made Attorney's fees TOTAL $1944.53 $0.00 $0.00 $1944.53 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 20292970 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 : STEPHEN FRANK 1178 W TRINDLE RD MECHANICSBURG, PA 17055 at,47-1 61)a�s� Rif 36SST3 Nol\Le fYla:74 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff Case No. 14-1385 CIVIL vs. STEPHEN FRANK Defendant TO: STEPHEN FRANK 1178 W TRINDLE RD MECHANICSBURG, PA 17 Date of Notice: 5 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 20292970 A PIT A4S MIDLAND FUNDING LLC Plaintiff vs. STEPHEN FRANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14-1385 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, STEPHEN FRANK 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: STEPHEN FRANK 1178 W TRINDLE RD MECHANICSBURG, PA 17055 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 10:21:33 AM SCRA 3.0 Status Report Pursuant to Servicernembers Civil Relief Act Last Name: FRANK First Name: STEPHEN 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 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 NANA 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, NOAH, 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/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: M9H24B4230F8FD0 MIDLAND FUNDING LLC Plaintiff vs. STEPHEN FRANK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 14-1385 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the follow ng Order of Judgment was entered against you on SII//i ict (xx) Assumpsit Judgment in the amount of $1944.53 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,,(OR DEPUTY) STEPHEN FRANK 1178 W TRINDLE RD MECHANICSBURG, PA 17055 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