HomeMy WebLinkAbout14-5030 i.l• 3
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Supreme Court;of Pennsylvania NI'WR# 20280685 C A Pit ABR
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CUMBERLANi ,��:,, '4=��/`� C011lltl' Docket No: )q
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The information collected on this form is used solely for court administration puaposes. 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 a Complaint [3 . Writ of Summons ❑ Petition
E Transfer from Another Jurisdiction Declaration of Taking
C Lead Plaintiffs Name: Lead Defendant's Name:
T MIDLAND FUNDING LLC TAMAR STEWARD
� I
C Are money damages requested? El Yes ❑ No Dollar Amount Requested: ® within arbitration limits
N (check one) c3outside arbitration limits
Is this a Class Action Suit? ❑ Yes IR No Is this an MW Appeal? ❑ Yes Gd No
A
William T. Molczan, 47437
Name of Plaintiff/Appellant's Attorney:
❑ 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 ❑ Premises Liability ❑ Statutory Appeal: Other
E ❑ Product Liability(does not include [3 Employment Dispute
Mass tort) Discrimination
C ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board
T ❑ Other: ❑ Other:
I
O 13 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
Et
c� 4UC�7 �l7
SER I H
PCN�s(L V'4 OUN
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
MIDLAND FUNDING LLC
Plaintiff No: 1 -530 1l!
VS .
COMPLAINT IN CIVIL ACTION
TAMAR STEWARD
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
20280685 C A Pit ABR
} As lls.�S�d
D� a�
1 -721q y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
MIDLAND FUNDING LLC
Plaintiff
vs . Civil Action No
TAMAR STEWARD
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. Midland Credit Management, Inc. (hereinafter"MCM")records show that the Defendant,
TAMAR STEWARD, is an individual residing at, 120 S. 2ND STREET, #1, 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 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 Defendant's HSBC BANK NEVADA,N.A. account
XXXXXXXXXXXX2331 (hereinafter"the account"). MCM services the account on behalf of the
Plaintiff.
5. MCM's records state that this action is based upon a credit agreement entered into between
defendant and the original credit grantor. MCM's records further state that Defendant used or
authorized the use of the credit account but failed to make the payments due pursuant to the
agreement.
6. MCM's records show that the Defendant owed a balance of$3,917.48 as of July 21, 2014.
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 in the amount of$3,917.48, together with interest and costs.
By � � l �j
Weltman, Weinberg eis, Co., L.P.A.
Attorney for Plaintif
WWR No. 20280685
Boscov Account Statement
Account Numbe 2331
Pae 1 of 6 From September 5 2071 to October 4 2011
m tPayment
Previous Balance $3,815.27 New Balance Information $3.917.48
I Payments - $0.00 !Minimum Payment Due $812.00
i Other Credits - $0.00 Payment Due Date October 27,2011 i
Purchases/Oebits + $0.00
Past Due Amount $670.00 'Late Payment Warning:it we do not receive your minimum i
;payment by the date listed above,you may have to pay a fate
Fees Charged + $35.00 I fee of up to$35.00 and your APRs may be increased to the I
i Interest Charged + $67.21 Penalty APR of 29.99%.
i New Balance $3,917.48 I
I Credit Limit $3.400.00 :Minimum Payment Warning: If you make only the minimum
I Credit Available $0.00 ;payment each period,you will pay more In interest and it will
take you longer to pay off your balance.For exempla:
I Statement Closing Date October 4,2011
i Days in Billing Cycle 30
if you make no You will pay off And you will end
additional charges the balance up paying an IIIc
i using this card !shown on this estimated total
! I and each month i statement in at...
you pay... about...
Only the minimum 16 Years $9.569
I
J
payment......._.
i l $158 l 3 Years $5,674
(savings=
! S3,915)
[ I
If you would like information about credit counseling services, i
i call 1.865-569-2227. I7
Questions? Payment Address: Boscovs,PO Box 17642,Baltimore,MD
Customer Service 1-800-755-3177 21297-1642
TDD/Hearing Impaired 1-800,365-0186 Billing Inquiries: Retail Services,PO Box 15521,
Wilmington,DE 19850 -5521
Manage Your account online at
www.hrsa ccount.comlboscovs
i Important Information
Thank-you for As a reminder,you may pay your credit card bill online or through our automated phone system for no fee.
being a valued ARE YOU AWARE YOU'RE OVER YOUR CREDIT LIMIT?PLEASE CONSIDER MAKING A PAYMENT TODAY TO
BoscovrS REDUCE YOUR CURRENT BALANCE.
customer! YOU CAN TAKE ADVANTAGE OF OUR PAY BY PHONE PROGRAM.AVOID FURTHER COLLECTION ACTIVITY,CALL
1-800-755-3177 k
•,; I � I� i ( jlIflli i l'll i VIII I�il il� i Iiil�i CIS�'�I���'i`I�!�l�'l I•'li'�I'I i�'!I;il f
Trans Date Post Date Description of Fees Reference Number Amount
09/27/11 09/27/11 LATE CHARGE Reg-Purch 1000001012092799885 $35.00
ASSESSMENT 4410
Total Fees For This Period $35.00
Description of Interest Charge Amount
INTEREST CHARGE ON $57,21
PURCHASES
Total Interest For This Period $67.21
Detach and return bottom portion with your payment. 3006015 E D4 STMTAD D CXXX 67155 See reverse sine for important inf rfi n
____.._____________________________________________________________________________________________________________________________________
�� Account Number: 331
"J��� New Balance $3,917.48
Minimum Payment Due $812.00
IIIIIIIIIIIIIII I IIIII II I IIDII III(�III Payment Due Date 10/2712011
Include account numberan check to Boscovs.Do not send cash.
Please send your payment 7 to 10 days prior to the payment due
date to ensure timely delivery.
300 AMOUNT s ❑❑❑❑� ❑❑
ENCLOSED
BEXHIBIT
TAMAR STEWARD PO BOX 17642
5 RICHLAND LN APT 208 BALTIMOALTIMO RE MD 21297-1642
CAMP HILL PA 17011-2497 Il I IID 11� I I�III III I I
hiilhilhhililliPllPi��Idildi�IIII�11ii�IdlPulllilluh �II I l i m II li II Iddddll II idlm u I d
, . �..
❑New enter
or Phone Numon o Please check the box 00391748000812000003006010103412331003007
end enter your new information on reverse side
BOSCOV Account Statement
r, Account Numbers-2331
Page 2 of 6 From Se tember 5.2011 to October 4.2011
What To Do if You Think You Find a Mistake on Your Statement.
If you think there is an error on your Statement,writeto us on a separate sheet at the billing inquiries address on the front of this bi Ili ng statement,
I n your letter,give us the following information:
• Accent Information:Your name and account number.
• Dollar amount:The dollar amount d the suspected error.
• Desulptionof Problem If you think there ism error on your bill,describewhat you believe iswrong and why you believe it isa mistake.
You must contact us within 60 days after the error appeared on your statement.
You must ratify us at any potential errors in writing You may cal I us,but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.
While we inve i igatewhelher or not there has been an error,thefoltowing we true
• We cannot try to collect the amount in question,or report you as delinqumt on that amount.
• The dhage in question may remain onyour statement, and we may continue to charge you interest on that amount.But,if we detmnine that we nnale a ntstakA you wil I not have to pay the
annum in questim or cry i nterest or other fees related to that anout.
• While you do not haveto pay the anout in question,you we responsible for the remainder d your balance
• Wecm apply any unpaid amount against your credit limit.
Your Rights if You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied withthe goods or service that you have purchased with your credit tad,and you have tried in good faith to correct the problem with the merchant,you may have the right not
to pay the remaining amount clue an the purchase.
To use this right,ail of the following must be true:
1. The purchase must have been male in your home Sate or withinlDD miles of your current mailing address, and the purchase price must have been more that$50.(Note:Neither of these are
necessary if you purchasewm based anon advertisement we mailed to you,or if we own the company that add you the goods or services)
2. You must have used your credit cad for the purchase.Purchases madewith cash advances from an ATM or with a check that a your credit card amount do not qualify.
3. You must not yet havefuly paid for the purchase
Ifall ofthe criteria above ere met and you are still dissatisfied with the purchase, contact us In writingat the billinginquiri saddres on the front of this billingstatenett. Whilewe investigate,the
sane rules soy to the disputed amount as discussed above Afterwe finish our investigation,we will tell you our decision.At that point,ifwe think you owe an anount and you do rat pay we may
report you as delirque t.
How to Avoid Paying Interest(Grace Period):
To avoid additional interest charges,pay by the Payment Due Date indicated on the front of you billingstatenmt: 1)the New Bala ces of you Regularand Reduced Rate Credit Rand plus 2)the
Nen,Balance of any Sane As Cash Credit Ran with an expiration date withinthe next three billingcyde Payment Due Dates,plus 3)the New Bal ace of any Waived Interest Charge Credit Ran
that is aspiring in the curet bil I ing cycle,plus4)cry M inimum Payments Due on other Same As Cash or Waived I ntereat Charge Credit Raps
Balance subject to I ntere4 Rate:
(a) Interest Changes are calculded separately for each Promotional Credit Ran and each Regular Credit Ran(each a"CreditRen").Promotional Credit Rats withdifferent promotional due dates or
term we treated as different Credit Rahsfor this purpose The Balance Subject to Interest Rate an a Credit Ran is the Average Daly Balance
(b) The"DailyBslacei of a Credit Ran is detemvned by taking the opening balance of the Credit Ran for that day,and adding 1)my nen purchases made onthe Credit Ran that day,2)the
previous den's Interest Charges.3)any credit insurance premiums or debt cancellation fees(if applicable)incurred on that day and 4)my late fess,overthe credit limitfees,returned check
fee or other fees incurred on that day and subtracting any psyments or credits applied to the Credit Ran that day.try=Account is subject to a grace period during the billingryde,payments
made durirgthet cycle willbe subtracted from ail Daly Balances in the current cycle.For any Sane As Cath Credit Ran,credit insurance premium a debt cancel lstion fees(if applicable)are
not included in the Daily Belarhce of that Credit Ran dying the promotiond period If a trahsadion fora returned payment or a dispute resolved in our favor posts after the beginning of the billing
cycle,the applicable daily balance and my related Interest Charge calculations will be a§usted retroactively to include the transaction amount as of the date of the original transaction.
(c) An Average Daly Balance is determined by adding the Daily Balances fora Credit Ran end dividugby the number of days in the applicable blllingcyde.Periodic Interest Chagas fora Credit
Ran may be determined by applying the Daily Periodic Rate tom amount equal to the Average Daily Balance of the Credit Ran times fire number of days in the bil lingcyde.You can determine
your Daily Periodic Rate by dividing the APR by 365.
Annual Percentage Rate If you Account hasavaieblereM you Annual percentage Rate may very.
About Your Payment:You agree to pay at feast the MinimumPaymeht Due in time to be credited to you Account as of the Payment Due Date You my pay more than the MinimumPaymant
Due,end you may pay the entire New Balance at any time.Payments should be mated with a single coupon to the payment address shown on the from of this billingstatement. Payments must be
made by a single check or money order payable in U.S.dollars and drawn on a U.S.Institution,Payments may also be made using our optional payment by phone or onlineservices using the phone
number or Web address listed on the frit of this bil I ingstatemeht. Payments received on any day at the payment address elown on the front by 5:00 p.m.in the time nine of such payment address
willbe credited to your Account as of the date of receipt. Payments submitted by phone or online by 5:00 p.m.Pacific Time will be credited to you Account as of the date of receipt. Allpayments
received atter 5:00 p.m.of the time zone indicated will be credited the next day.A processing fee may apply to agent assisted phone payments Crediting payments to you Account maybe delayed
up to fivedays if the payment is not male as described above,or,is not mailed to"received at the address provided for remittance;is not accompanied by the payment coupon;is received in an
envelope other then the envelope provided for rerun tang is stapled,folded,or paper dipped;or includes multiplepayment coupons or checks Requests forcredit balance refundsshould be mailed
to the inquiry adder shhowrt on the front of you billing staternet.
By sending us a check for payment on your Account,you authorize us to make a onetime electronic funds transfer(EFT)from your bank account orto process the payment as a
check transactim.When we use informationfrom your d>edk to make an EFT,funds may be withdrawn from your account as soon as the same day we receive you payment,and you will not
receive you check back from your financial institution.If you do not want you checks to be converted to an EFT,please call customer service at the phone number on the back of your card,
Payment by Phone When you use our optimal payment by phone service,you authorize us to initiate an electronic furls transfer from your designated bank account or to process the payment as
acnedk transaction.You must athorizethe anaut end,ming of each payment.Rema retain this authorization for you records
Hear ing Impaired:If you are hearing impaired,erg I Teleeanmututio ns Deeiemfor the Def(TDD/TTY)at the phone number listed on the front of this billing statement.
Negative Credit Bureau Reporting:We may report information about your Account to credit bureaus Late payments,missed payments,or other defaults m your Account may be rsflected inyay
credit report.If cry specific irformation related to your Account,transactions a credit esperiece with us is inaccurate,you may notify us and request us to correct the Inaccurate information(Ater
mnfirmadion of the alleged arra)reported to arty credit reporting agency by writing to us A P.O.Box 5253,Cad Stream,I L 60197-5253.
Debt Collection:We ere required by law,if applicable,to notify you that we ere attempting to collect adebt,and my i nformation obtained will be used for that purpose.
®2010 Cad Servlom inc, STMT219K("10)
300601 5 E 04 STMTAD D CXXX 67155
-______________________________________________________________________________________________________________________________________
To ensure accuracy,please print neatly using upper-case letters and numbers only!
I If you've Ili I I ed i n a ne v address,phone number or anal,be sure to check the box on the reverse side of thi s payment
Street Number(if my) Street Nene or thewords"PO Box" Unit or PO Box Number
❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑❑❑I❑_❑❑ ❑❑❑❑❑
City Sete Zip
Email
❑❑❑❑❑_,�❑E D D 0 DEJ D 01❑❑❑❑!�
Homophone Work Rune _
Boscov Account Statement
Account Number-2331
Page 3 of 6 From September 5,2011 to October 4,2011
2011 Totals Year to
ate
Total fees Charged m 2011 $200.00 -
Total interest charged In $419.44
2011
�rll�������� �Id��)Imr n���l�l�,������p��lll ill II III i 11.111 61111111'.66!1 V !!III !16 .IIIlilili�fl Iliu�llf lili!Iu�6!illlll!'.Ilill!lil iii6i!Il�lil!L�6���1 illllfilll!II!illil!:!6!III!il�!ulil!IIVI�!!!!i!II
Your Annual Percentage Rate(APR) is the annual interest rate on your account.
Type of Balance Annual Percentage Rate(APR) Balance Subject to Interest Rate Interest Charge
Regular Purchase 25.90% $2,335.08 $49.71
00007-01
Regular Purchase 25.90% $581.18 $12.37
00108-02
Regular Purchase 25.90% $241.22 $5.13
00107-03
Regular Purchase 25.90% $0.00 $0.00
00108-04
REGULAR PURCHASE 25.90% $0.00 $0.00
00007
v=Vanable Rate
M.
Credit Plan/Promotion Purchase Promotional Previous New Minimum Deferred Promotional
Type Date Expiration Balance Balance Payment Interest Payoff
Date Amount
Regular Purchase NIA N/A $2,301.89 $2.386.60 $630.47 $0.00 $2,386.60
00007-01
Regular Purchase N/A N/A $575.23 $567.60 $89.67 $0.00 $587.60
00108-02
Regular Purchase N/A N/A $236.76 $243.69 $42.93 $0.00 $243.89
00107-03
Regular Purchase N/A N/A $699.39 $699.39 $48.93 $0.00 5699.39
00108-04
REGULAR NIA NIA $0.00 $0.00 NIA $0.00 $0.00
PURCHASE 00007
Customer News
October Is Comfort 8 Walking Month at Boscov'sl Stop by our Shoe Department for great deals on the best brands!
300601 5 E 04 STMTAD D CXXX 67155
__________________________________________________________________________________________________________________________________________
BOSCOV Account Statement
Account Numbed-2331
Page 4 of 6 From September 5,2011 to October 4,2011
This Space Intentionally Left Blank
3006015 E 04 STMTAD D CXXX 67155
__________________________________________________________________________________________________________________________________________
Congratulations! You are now a mamba of the Charman'sClub! You tave$6.05inavailable
rebates You can DOUBLE your Rewards to 2 points for every dollar you spend using your
Boscov's Credit Card if you purchase$1452.73 more at Boscov's Spend$1000 or more and
receive exclusive savings coupons for Premier Club members!Watch for Double Point Days,
Double Discount Events and other Special Discounts that are only a�ailable for Bosoov'sCreiit
Card Customers
10/0412011 ...
60900ve Revards Total Points Available prints
points level points Redeemed
earned multiplier earned
605 1 605 0 605
Verification ",wx
I
Ashley Lashinski
being duly sworn (or affirmed) according to law deposes and says
that I am employed as a Legal Specialist for Midland Credit Management,
Of this account on behalf of plaintiff. I am a competent g nt, Inc. ("MCM"), servicer
p t person over eighteen years of age, and make
these statements herein based upon personal knowledge of those account
plaintiff's behalf. I am authorized to make this verification record maintained on
non plaintiff's behalf. The facts set forth
in the foregoing pleading are true and correct. The undersigned understands
therein are made subject to the penalties of 18 pa,C that the statements
S. §4904 relating to unsworn falsification to
authorities.
AUG 112014
Date
Ashley Lashinski
OH14
Weltman, Weinberg&Reis. Co., L.P.A.
WWR No. 20280685
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
E PROT HO
/Oh SEP 30 PM 3: 142
CUMBERLAND COUNTY
PENNSYLVANIA
QFFQF Ti4E sHEWF
Midland Funding LLC.
vs.
Tamar Steward
Case Number
2014-5030
SHERIFF'S RETURN OF SERVICE
09/19/2014 07:20 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint &
Notice by handing a true copy to a person representing themselves to be Aaron Steward, Son, who
accepted as "Adult Person in Charge" for Tamar Steward at 120 S. Second Street #1, Wormleysburg
Borough, Lemoyne, PA 17043.
JAiZAVK NSLER, DEPUTY
SHERIFF COST: $46.08 SO ANSWERS,
September 22, 2014 RON R ANDERSON, SHERIFF
(c) CountyS.uhe Sheriff, Teleosoft, Inc.