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Home My WebLink About14-6370 Supreme Cour t of-Rennsylvania WWR 9 20280731 C A Pit ABR r - - Co ,fof CommA Pleas For Use Ontr: C��il Co�aer.`She�et J.<<, CUMBERLAND � } - � Count}- Docket No: The h? rination collected on chis form is used solely'for court administration purposes. This font? does not supplement or replace the filing and service ofpleodings or oilier•papers cis required b.v low or rules of court. Commencement of Action: S a Complaint ❑ Writ of Summons ❑ Petition E Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: r T MIDLAND FUNDING LLC JUDY FRY i I 0 Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ❑ within arbitration limits N (check one) ❑ outside arbitration limits. Is this a Class Action Suit? ❑ Yes Q No Is this an MDJ Appeal? ❑ Yes tl No A William T. Molczan, 47437 Name of Plaintiff/Appellant's Attorney: i ❑ 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 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 ❑ 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 [3Toxic Tort—Implant [3Eminent 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 j ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 +;. ""y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLCc *L M Plaintiff NO: I�" D V VS . COMPLAINT IN CIVIL ACTION JUDY FRY 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 20280731 C A Pit ABR ( IS.-7S air aL4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff vs . Civil Action No JUDY FRY 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, JUDY FRY, is an individual residing at, 500 Sample Bridge Road, Enola, PA 17025. 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 XXXXXXXXXXXX1719 (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$1,238.32 as of October 13, 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$1,238.32, together with interest and costs. By _ Weltman, Weinberg & Reis, , L.P.A. Attorney for Plaintiff WWR No. 20280731 ORCHARD BANK GOLD MASTERCARD • JJDY A FRY Orchard Bank Gold MasterCard A t Statement Account Number 1719 Page 1 of 2 From January 25 2012 to February 23 2012 Previous Balance $1,299.95 New Balance $1,330.75 i Payments $0.00 Minimum Payment Due $364.00 Other Credits $0.00 Payment Due Date March 19,2012 i PurchasaUDebts + $0.00 I j Balance Transfers + Late $0.00 � ! Payment Warning:If we do not receive your minimum payment by the Cash Advances + $0.00 f date listed above,you may have to pay a late feeof up to$35.00 aid your Past Due Amount $314.00 f [APRs may be increased to the Penalty APR of 29.49eA. Fees Charged + $0.00 Interest Charged + $30.80 f Minimum Payment Warning:lf you makeonly the minimum payment each New Balance $1,330.75 (period, ouwll i I y pay more in interest and it will take you longer to payoff your Credit Limit $900.00 I i balance.For ecample: i CreditAvailable $D.OD j Cash Lin-it t $900-00 ` If you make no additional You will pay off the And you will end up paying i Cash Available $0.0o charges us ngthiscard balanceslwwnon 1 an estimated total of 3 Statement Closirg Date February 23,2012 E and each month you this statement in Daysin Billing Cycle 291 j pay... about-.. i tCash Limit isa portion of Total Credit Limit. f I Only theminimum 11 Years $3,032 Paymenti [ $56 3Years 1$2,020 f (Si$1,012) i If you would like information about credit counseling services call 11-866-569-2227. Questions? Payment Address:HSBC Cad Services,PO Box 17051,Baltimore,MD 24-Hour Automated Account Information 14800-216.1013 21297-1051 Espefiol 1-WD-950-3390 Billing Inquiries:HSBC Cad Services,PO Box 80084,Salinas,CA Lost or Stolen Cad 14WO-366-7817 93912-0084 OutsideUS4 Collect 1-503-245-9280 Manage Your account online at www.orchardbank.com TDD/Hearing Impaired 1-8006559392 Your account has been placed with a col lection agency.Reese contact then directly,or call us at 1-800-388-5333- As a reminder,you may pay your credit card bill online or through our automated phone system for no fee. Your account isover the credit limit.Pipe pay your total due of$480.75,which includes any additional over thecredt limit amount and your Minimum Payment Due,mints any Past Due amount. ITranate Post Date Description of Fees Reference Number Amount Total Fees For This Period $0.00 Description of Interest Charge Amount INTEREST CHARGE ON CASH ADVANCES $0.00 INTEREST CHARGE ON PURCHASES $30.80 INTEREST CHARGE ON BALANCE $0.00 TRANSFERS Total Interest For This Period $30.80 Dairen acrd=bottom portion vmtft your panre9. 1105014124 000000MM STMT07 DJ432400 1 See reverse side for important information __________________________________________________________________________________________________________________________________________ Account Number: 1719 New Balance $1,330.75 Minimum Payment Due $364.00 Payment Due Date 03/19/2012 I nc ude account number on check to HSBC Cad Services. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensnare timely delivery. EXHIBIT 110 AMOUNT ENCLOSED #BWNHYTS #258037431719# HSBC CARD SERVICES JUDY A FRY PO BOX 17051 500 SAMPLE BRIDGE RD BALTIMORE MD 21297-1051 ENOLA PA 170251028 ��II�III'I�IIIIIIIIIIIIIII�I��I��I�I'lll'I�II�I�II,IIIIIIIII�� ORCHARD BANK GOLD MASTERCARD ' JUDY A FRY Orchard Bank Gold MasterCard Account Stefenelt Account Numbs 1719 Page 2 of 2 From krluary 25 2012 to ruary 2012 .,��.+, s ::At3. : its .. 4 .,.a.=;.• Total fees charged i n 2012 $0.00 Total interest charged in 2012 $6294 Y our Annual Percentage Rate(APR)i s the annual i nterest rate on your account. a,. 'fir * rr' �'t"y ,%SiR3,r: ,r:., ..s- .;jai? `", f y ''+w iz�s a'a+ 'c;. r�' ��„f'� .'•''z r 'z 'x a i�i':'�� Type of Balance Annual Percentage Rate(APR) Balance Subject to Interest Rate Interest Charge PURCHASES00002 29.49%(v) $1,314.75 $30.60 CASH ADVANCES 80002 29.49%(v) $0.00 $D.00 BALANCETRANSFER 29.49%(v) $0.00 $0.00 71111 v--Variable Rate y.� i I I a' ffi .':". �T".,''-'• 4;y"` •': y�,' "•tel. r,�. •• Z... Avoid being avictim of identity theft.Manage your account online and enroll in paperless statements,Sign Up at orchardbank.com/reglster. i 410`,11141 24 0000M0508 SrMT07 0 J 4324 OnSt Verification 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, 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 record maintained on plaintiff's behalf. I am authorized to make this verification on plaintiff's 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. OCT 14 2014 Date t NN A Ashley Lashinski OH 14 Weltman, Weinberg & Reis. Co., L.P.A. WWR No. 20280731 Ronny R Anderson Sheriff Jody S Smith Chief Deputy, Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY '44,4 OFF)CE OF THE SHERIFF THE PRO THONG T. 2014 NOV 17 PH 3:Q5 CUMBERLAND COUNTY PENNSYLVANIA Midland Funding LLC. vs. Judy Fry Case Number 2014-6370 SHERIFF'S RETURN OF SERVICE 11/05/2014 07:45 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Linda McClintock, Aunt, who accepted as "Adult Person in Charge" for Judy Fry at 500 Sample Bridge Road, Silver Spring Township, Enola, PA 17025. CHRlSTOI SHARPE, SHERIFF COST: $44.95 SO ANSWERS, November 06, 2014 RONY R ANDERSON, SHERIFF (c..) CouniSuite Sheriff, Teleocaft.