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HomeMy WebLinkAbout14-4107 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM CUMBERLAND MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. " y/Q� 6vl TG/wa NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG.DIST.NO. NAME OF MDJ Dianna Shutt, by Michael J. Pykosh, Esquire 09-1-03 Hon. Richard S. Dougherty ADDRESS OF APPELLANT CITY STATE ZIP CODE 2132 Market Street Camp Hill PA 17011 DATE OF JUDGMENT IN THE CASE OF(Plaintiff) (Defendant)' 06/17/2014 Midland Funding LLC vs Dianna Shutt DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT M DJ-09103-CV-0000068-2014 Ma This block will be signed ONLY when this notation is required under Pa. If appellant was'( (see a. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20)days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Midland Funding LLC appellee(s),to file a complaint in this appeal //11 Name ofappellee(s) (Common Pleas No. �q- q`U7 e,1 / )within twenty(20)days after service of rule or su r entry of judgment of non pros. S' nature of appellant or attorney or agent RULE: To Midland Funding LLC appellee(s) Name of appelfee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time,a JUDGMENT OF NON PROS MAY BEE ERED AGAIPS �OU. (3) The date of service of this rule if service wa a he d to f the mailing. 1 Date: 07/15,-2014 ):;t4(�b Jt `�1? 31�Ifi 3)C4-ViA D. i6at( Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OKi JGbdM�,NTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. ...( � AOPC 312-05 2�'3o�soy COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript CMI COUNTY OF CUMBERLAND Case Mag.Dist.No: MDJ-09-1-03 Midland Funding LLC MDJ Name: Honorable Richard S.Dougherty V. Address: 98 South Enola Drive,Suite 1 Dianna Shutt Enola,PA 17025 Telephone: 717-728-2805 Dianna Shutt Docket No: MJ-09103-CV-0000068-2014 1 Altoona Avenue Case Filed: 5/6/2014 Enola, PA 17025 _ _ _....... .__ Disposition Summary (cc-cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09103-CV-0000068-2014 Midland Funding LLC Dianna Shutt Default Judgment for Plaintiff 06/17/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Dianna Shutt $0.00 $2,472.87 $2.472.87 Midland Funding LLC $0.00 $0.00 $0.00 Judgment Finding (•PostJudgment) In the matter of Midland Funding LLC vs. Dianna Shutt on MJ-09103-CV-0000068-2014, on 6/17/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liabilltv Deposit Applied Amount Civil Judgment $0.00 $2,355.87 $2,355.87 Costs $0.00 $117.00 $117.00 Grand Total: $2,472.87 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. U al t i '�f!-0" -� l... .06 tr , e�Z i. y} Date Magisterial District Judge Richard S.Dougherty ;=^ 3 certi at t is is a true and correct copy 57 the record of the proceedings containi-n-g-the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed:06/18/2014 8:59:22AM Midland Funding LLC Docket No.: MJ-09103-CV-0000068-2014 V. Dianna Shutt Participant List Plaintiff(s) Midland Funding LLC 8875 Aero Drive,Suite 200 San Diego,CA 92123 Defendant(s) Dianna Shutt 1 Altoona Avenue Enola,PA 17025 Complainants Attorney(s) Daniel Joseph Santucci,Esq. Midland Credit Management,Inc. PO Box 517 Essington, PA 19029 MDJS 315 Page 2 of 2 Printed:06/18/2014 8:59:22AM i°1 r K ONO JUL I8 Ni CUMBERLAND COUNTY PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of se►vice MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas No. 14-4107 upon the Magisterial District Judge designated therein on (date of service) July 15 , 20 14 ❑ by personal service E by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) July 15 2014 Eby personal serviceW sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 16th DAY OF July 20 14 Midland NM( on by (certified) (registered) mail, natur o o ficial before who affidavit was ade COM$OMWEALTH OF PENNSYL IA 'NINotarial Seal Crystal L. Mahoney, Notary Public Comp Hip dao, Cumberland County Commission Expires March 20, 201E mom Perfoinviinu AssocZ& le I+ a ko1W, jes c rc iDO 1 Li ( Title of official My commission expires on 3/20 , 20 18 AOPC 312A - 05 Signature o ffia Sent To Street, Apt. No. or PO Box No. 12- CAV rd QOU4er 5. E,01)l4 Oc., S-} 7 City, Stafe,ZIP+4 m rN (A - p t%'ba5 PS Form 3846, August 2006 See Reverse for Instructions arrell C. Dethlefs* lichael J. Pykosh* ryan W. Shook eather N. Orisko harks J. Hartwell ichard D. Hollingworth, Jr. latthew R. Seeley icole L. Javitt atherine L. McDonald DETHLEFS-PYKOSH LAW GROUP, LLC 2132 Market Street Camp Hill, PA 17011 Phone: (717) 975-9446 Poll Free: (800) 287- 1202 Fax: (717) 975-2309 mail: ddethlcls@ aoLeom http://www.dplulaw.cont July 15, 2014 Hon. Richard S. Dougherty District Court 09-1-03 98 South Enola Drive, Suite I Enola, PA 17025 VIA CERTIFIED MAIL: 7012 1640 0001 9930 7990 RE: Midland Funding LLC v Dianna Shutt MDJ Judgment Appeal — Civil Action Cumberland County Docket No.: 14-4107 A Dear Hon. Dougherty: Legal Staff Sherry L. Deckman" Crystal I.. Mahoney Melissa C. Foreman Kathryn S. Foule *1.ue,,.,.'d1 l r,rir.lir,, Enclosed and served upon you please find the Notice of Appeal regarding the above - referenced matter that was filed at the Cumberland County Prothonotary's Office. If you have any questions please feel free to contact me. y�Yo rs, Michael J. " osh MJP/clm Enclosure 0001 9930 D r9 ru ra D 1ti U.S.• Postal Servicemi CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.come Postage Certified Fee Return Receipt Fee (Endorsement Required Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 14 138 East Market Street, 31d Floor York. PA 17401 A Debt Relief Agency The Derhle/s-Pvkosh tow Croon, 1,1,C "Your Full ,4ervice tow Firm 550 Cleveland Avenue, Suite 204 Chambersburg, PA 17201 Sent To ()Gni4 S05eQr'- $ar 'Jt c ; 6,/ Street, Apt. No.; or PO Box No. I .• x 5 1 City, State, ZIP+4 551 for, {P ia0a9 PS Form 3600,August 2006 See Reverse for lnstri ctions. arrell C. Dethlefs* ichael J. Pykosh* ryan W. Shook eathcr N. Orisko harks J. Hartwell ichard D. Hollingworth, Jr. atthew R. Seeley icole L. Javitt atherinc L. McDonald DETHLEFS-PYKOSH LAW GROUP, LLC 2132 Market Street Camp Hill. PA 1701 I Phone: (717) 975-9446 Toll Free: (800) 287- 1202 Pax: (717) 975-2309 E-mail: ddclhlefs(ri!aoLcom http://www.dplglaw,eoin Legal Staff Sherry I.. I)cckman* Crystal I.. Mahoney Melissa C. Foreman Kathryn S. l'oglc 'Licensed (' 1 Ts ii,. :Ittcnr July 15, 2014 Daniel Joseph Santucci, Esquire Midland Credit Management, Inc. P.O. Box 517 Essington, PA 19029 VIA CERTIFIED MAIL: 7012 1640 0001 9930 8003 RE: Midland Funding LLC v Dianna Shutt MDJ Judgment Appeal — Civil Action Cumberland County Docket No.: 14-4107 Dear Mr. Santucci: Enclosed and served upon you please find the Notice of Appeal regarding the above - referenced matter that was filed at the Cumberland County Prothonotary's Office. If you have any questions please feel free to contact me. Yours, c ael J. Pykosh MJP/clm Enclosure m 0 0 cc •m Q' U.S. Postal Service. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.como ;i�it{ia� Postage Certified Fee Return Receipt Fee © (Endorsement Required) O Restricted Delivery Foe (Endorsement Required C7 -D nJ rH O N Total Postage & Fees 38 East Market Street, 3rd Floor 'ork, PA 17401 A Debt Relief Agency The Deihle%s-Pykosh Law Group. LLC — "Your Fall Service Law Firm" 550 Cleveland Avenue, Suite 204 Chambersburg, PA 17201 Daniel J. Santucci, Esq. Attorney ID # 92800 P.O. BOX'517 Essington, PA 19029-0517 866-626-5053 MIDLAND FUNDING LLC 8875 Aero Drive, Suite 200 San Diego, CA 92123 vs. DIANNA SHUTT Plaintiff, Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 14-4107 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above captioned matter on behalf of PLAINTIFF MIDLAND FUNDING LLC Papers may be served at the address set forth below: Date: Daniel J. Santucci, Esquire P.O. BOX 517 Essington, PA 19029 Telephone Number 866-626-5053 Bv: 308118 I' Dan ',411P177tucei Attorneys for Plaintiff MIDLAND FUNDING LLC Daniel J. Santucci, Esq. Attorney ID # 92800 P.O. BOX 517 Essington, PA 19029-0517 866-626-5053 MIDLAND FUNDING LLC 8875 Aero Drive, Suite 200 San Diego, CA 92123 vs. DIANNA SHUTT Plaintiff, Defendant(s). OF -C1FFICE r: 21711, JUL 23 PH l: 37 WIREI j F, r1 f�EN SvLVACOillr'i 1• IN THEACOURT OF COMMON PLEAS CUMBERLND COUNTY CIVIL ACTION NO. 14-4107 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 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, 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 PHONE: 800-990-9108 308118 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN 308118 Daniel J. Santucci, Esq. Attorney ID # 92800 P.O. BOX 517 Essington, PA 19029-0517 866-626-5053 MIDLAND FUNDING LLC 8875 Aero Drive, Suite 200 San Diego, CA 92123 vs. DIANNA SHUTT Plaintiff, Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 14-4107 COMPLAINT 1. Plaintiff, MIDLAND FUNDING LLC ("Plaintiff'), is a limited liability company with an address of 8875 Aero Drive, Suite 200, San Diego, CA 92123, and is registered to do business in the Commonwealth of Pennsylvania 2. Defendant, DIANNA SHUTT ("Defendant"), has a last known address of 1 Altoona Ave Enola, PA 17025. 3. By this complaint, Plaintiff seeks to recover amounts owed by Defendant. The underlying account that is the basis of this lawsuit is a credit account that Defendant held with creditor GE CAPITAL RETAIL BANK account no. XXXXXXXXXXXX7902 (the "Account"). Prior to filing this complaint, all right, title and interest to the Account were sold and assigned to Plaintiff. Plaintiff owns the Account and stands in the place of the original creditor and is entitled to collect on the Account as if it were the original creditor. To the extent that Plaintiff acts in its capacity as successor -in -interest to the original creditor or its assigns, references herein to Plaintiff may include Plaintiff's predecessor -in -interest. (Please see attached documents) 4. Defendant opened, used, and derived benefit from the Account through Defendant's own use of the Account or by another's use at Defendant's direction. By using the Account, Defendant expressly agreed or impliedly promised to repay Plaintiff. 308118 MIDLAND'S EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION 5. Plaintiff MIDLAND FUNDING LLC owns portfolios of consumer receivables, which it attempts to collect. When working with individual consumers, Plaintiff MIDLAND FUNDING LLC and its affiliates (collectively, "MIDLAND FUNDING LLC") generally attempt to contact consumers like Defendant through several means, all in an effort to establish contact and to resolve the underlying obligation. In doing so, MIDLAND FUNDING LLC attempts to assess each consumer's willingness to pay, through phone calls, letters or other means. MIDLAND FUNDING LLC attempts to exclude consumers from its collection efforts, where MIDLAND FUNDING LLC believes those consumers are facing extenuating circumstances or hardships that would prevent them from making any payments. 6. When MIDLAND FUNDING LLC contacts consumers, it strives to treat consumers with respect, compassion and integrity. MIDLAND FUNDING LLC works with consumers in an effort to find mutually -beneficial solutions, often offering discounts, hardship plans, and payment options. MIDLAND FUNDING LLC's efforts are aimed at working with consumers to repay their obligations and to attain financial recovery. MIDLAND FUNDING LLC strives to engage in dialogue that is honorable and constructive, and to play a positive role in consumers' lives. 7. Despite MIDLAND FUNDING LLC's efforts to reach consumers and resolve the consumer's obligations, only a percentage of consumers choose to engage with MIDLAND FUNDING LLC. Those who do are often offered discounts or payment plans that are intended to suit their needs. MIDLAND FUNDING LLC would prefer to work with consumers to establish voluntary payment arrangements resulting in the resolution of any underlying obligations. 8. However, the majority of MIDLAND FUNDING LLC's consumers ignore calls or letters, and some simply refuse to repay their obligations despite an apparent ability to do so. When this happens, MIDLAND FUNDING LLC must decide then whether to pursue collection through legal channels, including litigation like the present action against Defendant. Although the Account is now in litigation, Plaintiff remains willing to explore a mutually -beneficial solution through voluntary payment arrangements, if possible. 308118 FIRST CAUSE OF ACTION (Account Stated) 9. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 10. Within the last four (4) years, Defendant became indebted on the Account to Plaintiff in the sum of $952.37 on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff. 11. Plaintiff has made demand on Defendant for repayment of the account stated but Defendant has failed and refused to pay the balance due. 12. As of the date of this complaint, there is a total amount due and owing of $952.37 (Please see attached documents) WHEREFORE, Plaintiff demands Judgment in its favor and against the defendant(s) in the amount of $952.37 plus court costs and interest. Date: MID . D F . 1 ING LLC By: Daniel J. Santucci Attorneys for Plaintiff MIDLAND FUNDING LLC 11111 I 1II 111111 111111111111 308118 Verification I, Daniel Santucci, Attorney for the Plaintiff, am authorized to make this verification on plaintiffs behalf, as it is being filed in connection with a District Justice appeal and there are time limits. 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. Date: 308118 DANIE SANTUCCI, ESQ. Daniel J. Santucci, Esq. Attorney ID # 92800 P.O. BOX 517 Essington, PA 19029-0517 866-626-5053 MIDLAND FUNDING LLC 8875 Aero Drive, Suite 200 San Diego, CA 92123 vs. DIANNA SHUTT Plaintiff, Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 14-4107 AFFIDAVIT OF NON-MILITARY SERVICE , being duly sworn according to law, depose and say I am the attorney for the plaintiff and I am authorized to make this affidavit on Plaintiff's behalf. I hereby certify that the defendant is at least 18 years of age and not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Service member's Civil Relief Act of 2004 and any amendments thereto. I also hereby certify that the statements made in the foregoing Affidavit of Non -Military Service are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date:/'�)" t( 308118 By: BILL of SALE Midland PLCC 120 MP — October 2013 GE Capital For value received and in further consideration of the mutual covenants and conditions set forth in the r .,<Z "t tfi"Ss< Receivables Purchase Agreement (the "Agreement"), dated as of this 30th day of July, 2013 by and between General Electric Capital Corporation. GE Capital Retail Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., 12 FS Holding, L.L.C., and GEM Holding, L.L.C. (collectively "Seller") and Midland Funding. LLC ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on October 22, 2013, and as further described in the Agreement. GE Capital Retail Bank Monogram Credit Services, L.L.C. By: Ken Wojcik Title: _EVP Collections & Recovery Date: (d - ?a • ( 3 General Electric'Capital Corporation BY: l(itit tea/ Attorney in Fact'Ken Wojcik Date: (b -30 GEMB Lending, Inc. By: Attorney in Fact en Wojcik Date: (0 -7a0 - 13 By: Attorney in Fa en Wojcik Date: (0 - 90 f3 RFS Holding, L.L.0 By: L' Af Attorney in Fail Ken Wojcik Date: (b -30 - ! 3 GEM Holding, L.L. BY: ritrA Attorney in Fact Igen Wojcik Date: (d Purchase Price Reconciliation/Funding Instructions October 22, 2013 To: Midland tl�4iy ri`f.;.1 ,: it•30th This . _ .._ . ECEIVABLES PURCHASE AGREEMENT, is made this day of July, 2013 and between Gener Electric Capital Corporation, GE Capital Retail Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Hold L.L.C., and GEM Holding, L.L.0 (collectively "Seller") and Midland Funding LLC ("Buyer") with reference to the follow facts and circumstances: Portfolio Agcy_Atty Code Total Number of Accounts Outstanding Balances on Transfer Date Cut -Off Date Transfer Date Purchase Price Factor Purchase Price 0% Holdout Amount of Wire transfer Date of Funding: Bank: ABA No. Account No: Account Holder: Location: October 19, 2013 October 22, 2013 October 31, 2013 AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of Minnesota County of Ramsey Diane Stone being duly sworn, deposes and says: I am over 18 and not a party of this action. I am a Collections Operations Representative of GE Capital Retail Bank. In that position I have access to creditor's books and records, and am aware of the process of the sale and assignment of electronically stored business records. On or about 10/22/2013 GE Capital Retail Bank (formally known as GE Money Bank) sold a pool of charge-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Midland Funding LLC. As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of GE Capital Retail Bank. The Creditor has a process to detect and correct errors on these accounts. The above statements are true to the best of my knowledge. Signed this 12th day of November, 2013 Signed and sworn to before me this 12th day of November, 2013 by Evelyn Ocana. (Notary Stamp) EVELYN OCANA Notary Public -Minnesota My Commission Expiros Jan 31, 2016 'axr V 1' .1c !c {. t. h 2S I.! Si Paul BLANKET CERTIFICATE OF CONFORMITY FOR NOTARY EVELYN OCANA I, Brett Rouleau, an attorney-at-law admitted to practice in the State of Minnesota and fully acquainted with the laws of the State of Minnesota do hereby certify that I am duly qualified to make this certificate of conformity and that the acknowledgement or proof upon the affidavits of merit were taken by Evelyn Ocana, a notary public in the State of Minnesota, in the manner prescribed by the laws of the State of Minnesota and confirms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set my signature, November 12, 2013. ifee ,,,,itei Brett Rouleau Attorney at Law, State of Minnesota Walmart Save money. Uve better. Waimart® Credit Card DIANNA L SHUTT Account Number: 6032 2014 5028 7902 Summary of Account Activity Previous Balance - Other Credits $952.37 $952.37 New Balance Credit Limit Available Credit Cash Advance/Quick Cash Limit Available Cash Statement Closing Date Days in Billing Cycle $0.00 $800 $0.00 $160 $0.00 12/17/2012 29 Visit us at walmart.com/credit Customer Service: 1-800-641-4526 Payment Information New Balance $0.00 Amount Past Due $0.00 Total Minimum Payment Due $360.00 Payment Due Date 12/19/2012 Late Payment Warning:If we do not receive your minimum 'payment by the date listed above, you may have to pay a late fee up to $35.00. Transaction Summary Tran Date Post Date Reference Number 12/17 12/17 F911200PG00999990 Description of Transaction or Credit CHARGE OFF ACCOUNT -PRINCIPALS 12/17 12/17 F911200PG00999990 CHARGE OFF ACCOUNT *FINANCE CHARGES' FEES TOTAL FEES FOR THIS PERIOD INTEREST CHARGED 12/17 12/17 INTEREST CHARGE ON PURCHASES 12/17 12/17 INTEREST CHARGE ON CASH ADVANCES TOTAL INTEREST FOR THIS PERIOD Plan Type Amount ($665.00) ($287.37) $0.00 $0.00 $0.00 $0.00 2012 Totals Year -To -Date Total Fees charged in 2012 Total Interest charged in 2012 Total Interest Paid in 2012 $277.00 $171.62 $90.19 Interest Charge Calculation Your Annual Percentage Rate (APR)is the annual interest rate on your account. Type of Balance Expiration Plan Annual Percentage Balance Subject to Interest Charge Interest Rate $0.00 Regular Purchases & Cash Advances (v) = Variable rate Date Type Rate NA REG 22.90%(v) $0.00 Cardholder News and information If your account has a deferred interest promotion and you would like us to apply a payment on your account to a specific balance, please call Customer Service to discuss 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 and other important information. 5409 BFH 1 3 16 121217 ZX PAGE 1 of 1 9112 1400 0203 01E05409 Detach and mail this portion with your check. Do not include any correspondence with your check. —I Walmart . Save money. Uve better. 111111111 I II IAII 1111111111111 DIANNA L SHUTT 1 ALTOONA AVE ENOLA PA 17025-2504 111 Account Number:6032 2014 5028 7902 Total Minimum Payment Due . Amount Past Due Payment Due Date Overlimit Amount New Balance $360.00 $0.00 12/19/2012 $0.00 $0.00 Payment Enclosed: Please use blue or black ink. 1111011 ■ New address or email' Print changes on back. Make Payment To: WALMART/GECRB P.O. BOX 530927 ATLANTA, GA 30353-0927 Walmart1.4a Save money. Live better. Stay in the know .nd in centre)/ lt:s easier than . .h nk to kec p tabs Oft your .`%cin aft aid itC; i'.i .Ent..11,?st set UP ACCOtint AiE'.tt e-mail Of text message', :ge'. an we'll :five you a leads-upwhen: Your balance exceeds $XX Your balance is within $XX of your credit line • Your account is past due "Standard text message rates moy apply. A payment is posted to your account A payment is due within XX days Sign up today at bit wwmal m+ art0 om/creth . Walmart® Credit Card DIANNA L SHUTT Account Number: 6032 2014 5028 7902 Summary of Account Activity Previous Balance $763.93 - Payments $98.93 + Fees Charged $35.00 + Interest Charges $14.44 New Balance $714.44 Credit Limit $800 Available Credit $85 Cash Advance/Quick Cash Limit $160 Available Cash $85 Statement Closing Date 05/18/2012 Days in Billing Cycle 30 Visit us at walmart.com/credit Customer Service: 1-877-294-7880 Payment Information New Balance $714.44 Total Minimum Payment Due $57.00 Payment Due Date 06/11/2012 Late Payment Warning:tf we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $35.00. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay .... You will pay off the balance shown on this statement in about ... And you will end up paying an estimated total of ... Only the minimum payment 2 years $900.00 If you would like information about credit counseling services, call 1-877-302-8775. Transaction Summary Tran Date Post Date Reference Number 05/15 05/15 P911200GTOOXTMJG9 Description of Transaction or Credit PAYMENT- THANK YOU FEES 05/11 05/11 LATE FEE TOTAL FEES FOR THIS PERIOD INTEREST CHARGED 05/18 05/18 INTEREST CHARGE ON PURCHASES 05/18 05/18 INTEREST CHARGE ON CASH ADVANCES (Continued on next page) Plan Type Amount ($98.93) $35.00 $35.00 $14.44 $0.00 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 and other important information. 5409 BFH 1 7 16 120518 PAGE 1 of 3 9112 1900 0203 010D5909 ' Detach and mail this portion with your check. Do not include any correspondence with your check. —I Walmart 44..0 Save money. Live better. 1111111 11111 111111 1111 DIANNA L SHUTT 1 ALTOONA AVE ENOLA PA 17025-2504 VIII Account Numbe18032 2014 5028 7902 Total Minimum Payment Due Payment Due Date New Balance $57.00 06/11/2012 $714.44 Payment Enclosed: it Please use blue or black ink. IIIIII ■ New address or email/ Print changes on back. Make Payment To: WALMART/GECRB P.O. BOX 530927 ATLANTA, GA 30353-0927 Walmart Save money. Live better. Transaction Summary (Continued) Tran Date Post Date Reference Number Description of Transaction or Credit Plan Type Amount TOTAL INTEREST FOR THIS PERIOD 2012 Totals Year -To -Date Total Fees charged in 2012 Total Interest charged in 2012 Total Interest Paid in 2012 $137.00 $73.69 $90.19 $14.44 Interest Charge Calculation Your Annual Percentage Rate (APR)is the annual interest rate on your account. Type of Balance Expiration Plan Annual Percentage Balance Subject to Interest Charge Interest Rate $767.06 Regular Purchases & Cash Advances (v) = Variable rate Date Type Rate NA REG 22.90%(v) $14.44 Cardholder News and Information Eligible card purchases may be billed under one of the following promotions: No Interest if Paid in Full within 6, 12, 18 or 24 months. Under each of these promotions, if the promotional balance is not paid in full within the promotional period, interest will be imposed from the date of purchase at a variable rate of 22.90%. APR will vary with the market based on the Prime Rate. Minimum monthly payments are required. See promotional advertising for further details. If your account has a deferred interest promotion and you would like us to apply a payment on your account to a specific balance, please call Customer Service to discuss options that may be available. • 5404 IFN 1 7 16 120518 PAGE 2 of 3 9112 1400 0203 01005404 Important Disclosure Information: Please understand this is a communication from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. Calls to and/or from this company may be monitored or recorded. The records associated with the GE Capital Retail Bank amount purchased by Midland Funding LLC, reflect that you are obligated on this amount, which is in default. For further information, please call one of our Account Managers at (800) 265-8825. As the owner of this account, but subject to the rights described below, Midland Funding LLC is entitled to payment of this account. All communication regarding this account should be addressed to MCM and not the previous owner. Unless you notify MCM within thirty (30) days after receiving this notice that you dispute the validity of the debt, or any portion thereof, MCM will assume this debt to be valid. If you notify MCM, in writing, within thirty (30) days after receiving this notice that the debt, or any portion thereof, is disputed. MCM will obtain verification of the debt or a copy of a judgment (if there is a judgment) and MCM will mail you a copy of such verification or judgment. If you request, in writing, within thirty (30) days after receiving this notice, MCM will provide you with the name and address of the original creditor. If an attomey represents you with regard to this debt, please refer this letter to your attorney. Likewise, if you are involved in an active bankruptcy case, or if this debt has been discharged in a bankruptcy case, please refer this letter to your bankruptcy attomey so that we may be notified. Please remember, even if you make a payment within thirty (30) days after receiving this notice, you still have the remainder of the thirty (30) days to exercise the rights described above. You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. fo&TAIN THE FOLLOWING ADDRESS INFORMATION FOR YOUR RECORDS' Communications concerning disputed debts, including an Instrument tendered as full satisfaction of a debt, are to be sent to: 8875 Aero Drive, Suite 200, San Diego, CA 92123; Attn: Consumer Support Services. MAIL PAYMENTS TO: P.O. Box 60578, Los Angeles, CA 90060-0578 MAIL CORRESPONDENCE BUT NO PAYMENTS TO: 8875Aero Drive, Suite 200, San Diego, CA 92123 MAIL CREDIT REPORTING CORRESPONDENCE TO: MCM CREDIT REPORTING DEPARTMENT, 8875 Aero Drive, Suite 200, San Diego, CA, 92123 We are required under state law to notify consumers of the following rights. This list does not contain a complete list of the rights consumers have under state and federal law: IF YOU LtVE IN COLORADO, THIS APPLIES TO YOU: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.COLORADOATTORNEYGENERAL.GOVICA A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt. Midland Credit Management has a Colorado office with the following address and telephone number: 80 Garden Center, Suite 3, Broomfield, CO 80020. Telephone number. (303) 920-4763. Only physical in-person payments may be accepted at this office location. All payments made via mall should be sent to the following address: P.O. Box 60578, Los Angeles, CA 90060-0578 IF YOU LIVE IN MASSACHUSETTS, THIS APPLIES TO YOU: NOTICE OF IMPORTANT RIGHTS: YOU HAVE THE RIGHT TO MAKE A WRITTEN OR ORAL REQUEST THAT TELEPHONE CALLS REGARDING YOUR DEBT NOT BE MADE TO YOU AT YOUR PLACE OF EMPLOYMENT. ANY SUCH ORAL REQUEST WILL BE VALID FOR ONLY TEN (10) DAYS UNLESS YOU PROVIDE WRITTEN CONFIRMATION OF THE REQUEST POST MARKED OR DELIVERED WITHIN SEVEN (7) DAYS OF SUCH REQUEST. YOU MAY TERMINATE THIS REQUEST BY WRITING TO MIDLAND CREDIT MANAGEMENT, INC. IF YOU LIVE IN NEW YORK CITY, THIS APPLIES TO YOU: New York City Department of Consumer Affairs License Number 1140603, 1207829, 1207820, 1227728 IF YOU LIVE IN NORTH CAROLINA, THIS APPLIES TO YOU: North Carolina Department of Insurance Permit #101659, #4182, 44250, and #3777. Midland Credit Management, Inc. 8875 Aero Drive, Suite 200, San Diego, CA 92123 IF YOU LIVE IN TENNESSEE, THIS APPLIES TO YOU: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. IF YOU LIVE IN CALIFORNIA, THIS APPLIES TO YOU: The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attomey or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1 -877 -FTC -HELP or hltujle ww.ftc.00v. "Nonprofit credit counseling services may be available in the area." As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit-reporting agency if you fail to fulfill the terms of your credo obligations. IF YOU LIVE IN UTAH, THIS APPLIES TO YOU: As required by Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. IF YOU LIVE IN WYOMING, THIS APPLIES TO YOU: As required by law, you are hereby notified that a negative credit report on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. Field Field Data ACCTNUM 6032201450287902 MKR_FN DIANNA MKR_LN SHUTE' MKR_TAXID *****1405 MKR_AD1 1 ALTOONA AVE MKR_CITY ENOLA MKR_ST PA MKR_ZIP 17025-2504 MKR_HP 7173295512 MKR_WP 7173023875 OPENDATE 20110601 CHGOFF_DATE 20121217 RMSLASTPMT 20120515 LASTPMTAMT 98.93 LOSSAMT 952.37 Sale Amount ' 952.37 OFF_DESC Walmart Credit Card LASTP U RCH DT 20110704 Data printed by Midland Credit Management, Inc. from electronic records provided by General Electric Capital Corporation, GE Capital Retail Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C. and GEM Holding, L.L.C. pursuant to the Bill of Sale / Assignment of Accounts transferred on or about 10/31/2013 in connection with the sale of accounts from General Electric Capital Corporation, GE Capital Retail Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. to Midland Funding, LLC. Daniel J. Santucci, Esq. Attorney ID # 92800 P.O. BOX 517 Essington, PA 19029-0517 866-626-5053 MIDLAND FUNDING LLC 8875 Aero Drive, Suite 200 San Diego, CA 92123 vs. DIANNA SHUTT Plaintiff, Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 14-4107 CERTIFICATE OF SERVICE I, Daniel Santucci, Esquire, counsel for the plaintiff, do hereby certify that I sent a true and correct copy of this Complaint, filed in connect with Defendant's District Justice Appeal, to the Defendant's counsel at the below address on 07/21/2014. DETHLEFS-PYKOSH LAW GROUP, LLC Michael J. Pykosh, Esq Attorney for Defendant 2132 Market Street Camp Hill, PA 17011 308118 Daniel . Santuc Esq