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Home My WebLink About14-4233 Supreme Court-of-Pennsylvania WWRN 20286055 C A Pit ABR Cou of Como 'Pleas r sl ForProllaonorarf Use Onty: CUMBERLAND:. % Docket No: � r ' County- l H D 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 ba%lain or rules of court. Commencement of Action: S M Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff s Name: Lead Defendant's Name: T MIDLAND FUNDING LLC SCOTT ESPENSHADE 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 MIDJ Appeal? ❑ Yes Q No A William T. Molczan, 47437 Name of Plaintiff/Appellant's Attorney: a ❑ 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 X Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation S [3Premises Liability [3Statutory Appeal: Other E 13 Product Liability(does not include [3 Employment Dispute Mass tort) Discrimination C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: ❑ Other: I ❑ Other: O N MASS TORT ❑ Asbestos $ ❑ 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 PRO F I f0;'/c TA t ! j j, �l �; . C �E14 t�s�g�`�D COU V�FJIq N TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff No: 14— vs . COMPLAINT IN CIVIL ACTION SCOTT ESPENSHADE 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 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-338-7130 20286055 C A Pit ABR OMA 114073 (/o/ Qlf S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff VS. Civil Action No SCOTT ESPENSHADE 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. MCMC records show that the Defendant(s) SCOTT ESPENSHADE is/are individual(s) residing at 114 S 2ND ST, WORMLEYSBURG, 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 HSBC BANK NEVADA,N.A. account XXXXXXXXXXXX5939 (hereinafter "the account"). Midland Credit Management, Inc. (hereinafter "MCM") services the account on behalf of Plaintiff. 5. MCMC records state that this action is based upon a credit agreement entered into between defendant(s) and the original credit grantor. MCMC 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. MCMC records show that the defendant(s) owed a balance of$1758.31 as of 2014-06-06. 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$1758.31, togethe with costs of this action. By Weltman, Weinberg Reis, Co., LPA Attorney for Plaintiff Page- 1 IIID��I��IDIII�IIIIIIIII°IIII��I 0III��II111111111111111111111111111111 lip 1111III II III 111111111111111111 1111111111111111111 HOUSEHOLD BANK PLATINUM MASTERCARD 'SCOTT E ESPENSHADE Household Bank platinum MasterCard Account Aocount Num Page 1 of 2 From January 27 2012 to February 24 2012 WeviousBalance $1,729.05 NcwBalaoe $1,758.31 1 Payments $0.00 1 Minimum Payment Due $368.00 Other Credits $0.00 Payment Due Date March 21,2012 PUranases(Debits + $0.00 f BelanceTrarders + $0.00 . tate Payment Warning:If wedo not receive your minimum payment by the Cash Advances + 00 date listed above,you may have to pay a late fee of up to$35.00 and your APRs Past Due Amount $321.00i i may be increased to the malty APR of 29.99%. Fees Charged + $0.00 Interest Char ed + $29.26 j Nev Balace $1,758.31 f Minimum Payment Warning:If you make only the mini mum payment each j CreditLimit $1,450.00 E (period,you will pay more i n interest and it will take you longer to pay off your Credit Available $0.00 E Ibalance.For example: Statement Closing Date February 24,2012 Days in Billing Cycle 28) M If you make noadditiorid You will pay off the lArid you will end uppaying ; cnargesusingthiscard balarroeshown on ianestimated total of.... j ( and each month you thisstatement in Pei... about... EOnlytheminimum 10Years — $3,816 Payment I C $67 3 Years ` $2,414-- — 4 (Savings"--$1,402) i � I j If you would like information about credit counseling servicescall 1-866569-2227. Questions? Payment Address:HSBC Cad Services,PO Box 17051,Baltimore,MD 24-Hour Customer Service 1-800-462-2016 21297-1051 Lost or Stolen Card 1-800-395.4500 Wiling Inquiries:HSBC Card Services,PO Box 81622,Salinas,CA Outside USA Collect 1-757-523-3880 93912-1622 TDD/Hearing Impaired 1-800-3959020 Manage Your account online at www.householdbank.Com As a reminder,you may pay your credit card bill online or through our automated phone system for no fee. Trans Date Post Date Description of Fees Reference Number Amount Total Fees For This Period $0.00 6 e Description of Interest Charge Amount INTEREST CHARGE ON CASH ADVANCES $8.15. ' INTEREST CHARGE ON PURCHASES $21,11 r INTEREST CHARGE ON BALANCE. $0.00 TRANSFERS Total Interest For This Period $29.2g `yy j Total fees charged in 2012 $0.00 Total interest charged in 2012.' $61.07 Detach ab raum Wit=portico with you peymnl. 09075041 26.0000000103 SIMTOB D Q M98 HDPt - See reverse side for important info-st— ______________________________________________________________________________________________________________________________ Account Number: -5939 New Balance $1,758.31 Minimum Payment Due $368.00 Payment Due Date 03/21/2012 Include account number on check to HSBC Cad Services. Do riot send cash. please sand your payment 7 to 10 days prior to the payment due date to ensure timely del ivey. AMOUNT 090 ENCLOSED EXHIBIT #BWNHYTS #303022025934# HSBC CARD SERVICES SCOTT E ESPENSHADE PO BOX 17051 114 S 2ND ST BALTIMORE MD 21297-1051 WORMLEYSBURG PA 170431312 IIIIIIIIIIIIIIIIItIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIiII s • " _HOUSEHOLD BANK PLATINUM MASTERCARD SCOTT E ESPENSHADE Household Bank Platinum MasterCardAocount Account Num 5939 Page 2 of 2 From January 27 2012 to �+y 24 2012 d Your Annual Percentage Rate(APR)is the annual iMaeNNst rate on your account. Type of Balance Annual Percentage Rate(APR) Balance Subject to Interest Rate Interest Charge PURCHASES00001 19.99%(v) $1,376.50 $21.11 CASH ADVANCES 80001 28.99%(v) $366.58 $615 BALANCE TRANSFER 19.99%(v) $0.00 $0.00 71111 v=Variable Rate mmm Avoid beingavictimof identity theft.Manage your account online and enroll inpaWemstatwwft Sign Upat householdbank.conVregister. } 1 09075041 20 000M103 STMT08 D O 8398 HDPI Verification Grace Wieczorek,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. JUN 2 3 2014 Date Grace Wieczorek OH 14 Weltman, Weinberg & Reis. Co., L.EA Page-2 I�IIIIIIIIIIIIIIDI0111�01111111111111�11�� IMI1111111111111�1IN11111111111111111111111111111111111ISI I II II II02III6II511�I IIIII�I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i= ;LED-OFFIC` Sheriff a " THE PROTHOHU`I Jody S Smith Chief Deputy Richard W Stewart Solicitor 201'i AUG 22 PH 3.1 1 CUMBERLAND COUNTY. OFF" CS4FTHE SHERIFF PENNSYLVANIA, Midland Funding, LLC vs. Scott Espenshade Case Number 2014-4233 SHERIFF'S RETURN OF SERVICE 08/19/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Scott Espenshade, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 114 S. Second Street, Wormleysburg Borough, Wormleyburg, PA 17043. Deputies were advised by the current tenant that the defendant moved out and to Virginia approximately a month ago. SHERIFF COST: $51.08 SO ANSWERS, August 19, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosofi, Inc.