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Home My WebLink About15-0282 Supreme Court,of-PennsylvaniaAN"WRN 20187207 C A Pit~ ABR Cout f Common Pleas ' CU�;eP� ForProtharraran'Use Only i She 1... CUMBERLAND ' /�' C4Untl- Docket No: � f ocS pa .,f The information collected on this fibrin is used soler:for court administration purposes. This form does not supplement or'replace the filing and service of'pleadings or other papers as rewired by law or rules of court. Commencement of Action: S 13 Complaint ❑ Writ of Summons ❑ Petition E 13 Transfer from Another Jurisdiction E3 eclaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T MIDLAND FUNDING LLC EARL MIXELL I 0 Are money damages requested? @ Yes ❑ No Dollar Amount Requested: 67 within arbitration limits N (check one) outside arbitration limits A Is this a Class Action Suit? 13 Yes Cad No Is this an MDJ Appeal? 13 Yes Q No � 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 j 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 113 Dept.of Transportation S ❑ Premises Liability ❑ Statutory Appeal:Other E (3 Product Liability(does not include 13 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 ❑ 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: Undated 1/1/2011 - t .j. / Ty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff No: VS. COMPLAINT IN CIVIL ACTION EARL MIXELL 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: 412-434-7959 20187207 C A Pit ABR 7 S - 3 � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MIDLAND FUNDING LLC Plaintiff vs. Civil Action No EARL MIXELL 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 y � 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. MCMC records show that the Defendant(s) EARL MIXELL is/are individual(s)residing at 171 N ENOLA RD, 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(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 MetaBank account XXX 9671 (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. 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. MCM§records show that the defendant(s) owed a balance of$1152.17 as of 2014-11-14. 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$1152.17,together with interest and costs of this action. Weltman,Weinberg & R s Co., LPA Attorney for Plaintiff Page- 1 8558161275 AFFINDEBTMEDIA 20187207 ` 1 i v � Your account Is past due.To keep your account in good standing, ,. F'IONGERHUT please mail$459.93 today. Account Summary Payment Information Previous Balance 1,177.73 New Balance 1,202.17 Payments&Credits 0.00 Minimum Payment Due 459.93 Purchases&Debits 0.00 Mail Payment By 05/26/12 Fees Charged 0.00 Payment Due Date 06/02/12 Interest Charged 24.44 Late Payment Warning:R we do not receive your minimum payment by New Balance 1,202.17 the date listed above,you may have to pay a late fee of up to$30.00. Credit Limit 0.00 Minimum Payment Warning:If you make only the minimum payment Available Credit 0.00 each period,you will pay more in interest and it will take you longer to pay off Billing Date 05/06/12 your balance.For example: Days in Cycle 30 If you make no additional You will pay off the And you will end up Past Due Amount 389.94 charges using this card balance shown on this paying an estimated Total Amount Due 459.93 and each month you pay: statement in about: total of: Only the minimum 5 years 1,705 Interest Charge Calculation payment Type of Annual Percentage Balance Subject Interest Balance Rate(APR) to Interest Rate Charge Nondeferred 24.90% 1,177.73 24.44 If you would like information about credit counseling services call 1-888.364-2268 To avoid additional interest charges,pay the New Balance by the Payment Due Date. Date Order Number Description Amount TOTAL FEES FOR THIS PERIOD 0.00 Interest Charged 05/06/12 Interest Charges 24.44 TOTAL INTEREST THIS PERIOD 24.44 TOTAL FEES YTD 2012 72.42 TOTAL INTEREST YTD 2012 115.37 Inquiries Regarding Your Fingerhul Credd Account issued by Metaeank: I ':Ir; 1':...-.-. "V:71 --------------------------------------- FiNGERHUT -�ake payments online at fingerhut.com/MyAccount Or tear off and return with your payment by mail.Make your check payable to Fingerhut. Account Number MAIL PAYMENT BY MINIMUM DUE New Balance Amount Enclosed XXXX-X)00(-XXXX-9671 Customer Number 05/26/12 $459.93 $1,202.17 2166898839 #BWNHJFS 46961 Make your check payable to Fingertiut and mail to: _ #2166898839 0# 71 171 N ENOLA RD III I I I I I I I I I I I I i t I I I I I I I I I ENOLA PA 17026-2410 n l n l III u u l l Ilan I Ili n r u l u l a EA PO Box 166 f B Il lr 1111 111 111 11 11 1111 11 llrrl 1111111 11 ill llr 111 11 11111 11111 111 Newark,NJ 07101-0166 IIILIIIIIIrIIIIILIJIIIJIIIIIIIIiJIILIIIliII11JIIIILdIIIIIIILII -- — S21668988396276456041999671050612004599300119984 IMPORTANT NOTICE If all of the criers above are mel and you are slit dmadsfed wren the purchase,contact us Your payment will be credited to your account on the same day we receive it it the bottom in wiring at Fingerhut Credit Accent Services,P.O.Box 1250,St.Cloud,MN 56305.1250. portion of this statement and your check are received by us on processing day by 590 pm WfIle we investigate,the sane rules apply to the disputed amounl as discussed above. in the enclosed envelope at our processing center.Payments received after 5.00 pm wit be After we finish our investigation we will tet you our decision.At that point if we think you aedted on the next processing day.Please allow at least seven M days for postal delivery. owe an amount and you do not pay we may report you as detnquent. Payments received at any other location in another form or with other documents may not be credited the sane day we receive the payment.Our processing days are Monday CREDIT BUREAU DISPUTES through Sunday,excluding holidays for payments received by mail Payments received on holidays will be credited as of IN previous process ng day.When you send us a check asa ft you believe we inaccurately reported credit history information about you of you Account payment,youauthotzeLis touseinfmnationfmmyarMetictomake aone-fine electronic to a credit reporting agency,cal us et 1 66-734-0342 a write to us al:Credit fund traisfet from your deposit account,or to Process the payment as a chea transaction, Reporting Services,6250 Ridgewood Road,St.Clad,MN 56303.Please provide the When we use information from your check to make an dedronic hid transfer,funds may Fingerhut Credi Account number along with a copy of your credit bureau report reflecting be withdrawn ken you deposit account as soon as the same day we receive payment,and the information that you believe is Inaccurate. you wig not receive your check back ham your firanclal fisttution.if your,check 3 retuned HOW WE CALCULATE INTEREST CHARGES to us due to non-sufficient funds we may also re-depos8 it through a one-firm electronic To calculate the interest charge payable each month,we mutlipty the average tatty balance fund transfer.You may also make a payment at anytime on your Fingerhut Account at times the month odic rate and,it fingerhut.comMyAcdount or via an automated phone payment at 1.800-208.2500,Nine I per asubie t t add any defaced interest chafe(see and automated phone paymentsvvillbeedasofIhesame DEFERRAL PEPoODSj Your Aramis interest t to a min our interest chane d$1.the post klaytmadehefore 1190pm. Average Dai Balance:We figure the interest chzrge on your Account by applying the PAYMENTS monthly periodic rete to the'average daffy balance'of your Account,Including current transactions.To get the"average daily balance"we take the begin ng balance of your Make checks payable to Fngefiut and met to: Account,each day,add any new purchases,charges end other teas,and subtract any Fngerhul Credit Account Services,P.O.Box 166,Newark,NJ 07101.0166 payments or credits.Purchases subject to Deferral Periods described below are excluded from our calculation of the"overage daily balance'ufil the day following the expiration of Please write your Fingerhut account number on your cock.Do not send correspondence the Dermal Period.This gives us the daily balance.Then,wo add up at the daily balances to this address Mail your payment in the enclosed envelope with the payment coupon at for that billing cycle and divide the total by the number of days in the billing cycle.Thisgives the bottom of you statement. us the"average daffy balance'. WHAT TO DO IF YOU THINK YOU FIND A MISTAKE ON YOUR STATEMENT Interest charges begin to accrue on each purchase on the date of One purchase.However,if If you think there Is an era on your statement,write ce at you paid the new balance on free previous Statement by the payment due date shown on Fingerhut Credit Account Services,P.O.Box 125D,SC Cloud,MN 56395-1250. payment statement,there(1)ft you pay the new balance m your current billng statement by the payment due date shown,we impose no interest charges on pushases during the current In your letter,give us the following information: bitrg cycle,and(2i if you rake a payment by the payment due date shown on your current •Account Infarraion:Your name and Fingerhut Credit Account number. biting statement that is less than the new balance,we will credi that payment as of the first day in your current tyting cycle.In addition,if far Statement reflected a new balance and •fk.4arAmounf:The delar amount of the suspected error. you rid not pay that new balance in M try the payment date on that previous statement, •Oesc*ffm of Problem,If you think there is an error on your bill describe what you believe then we will not impose interest charges on any purchases dung the current billing cycle 's wrap and wiry you believe it is a mistake. 9 you pay the balance shown on you current Statement by the payment due dale reflected You runt contact us within 60 after the era on that current statement days appealed on your statement.You must notify us of any potenfiai mors in writing.You my call us,but 9 you do we are not required to investigate any potenfial arocs end you may have to pay the amount in question. DEFERRAL PERIODS WNte we Investigate whether or riot there has been an encu,the blowing are true: MetaBank may offer Accounts Promotional credit offers.These diem include,but are not • Wed to,deferred interest offers or reduced payments with deferred interest offers.Special We cannot ley to collect the amount in question,a repot you as delinquent. nBes apply to these Promotional cWh offers,which are described at the time d the offer. •The charge un question may rernain on your statement,and we may continue to charge .The date,aunt and description of each purchase are identified on your periodic you interest on that amount SA if we determine that we made a mistake,you will rot statement for the period wtie you make the purchase. have to pay the amourf n question or arty inlenest or otter fees related to that amount. •Farm parodic statement mMans a summary of all active delated offers,including unpaid •While you do not have to Pay the amount in question,you are responsible for the principal balancers,any accrued Merest chargaFind the date which the principal balance remainder of your balance. (New Balance)of each plan must be paid in full to avoid Merest charges in connection •We can apply any unpaid amen against your credit limit. with your purchase. •For offers with deferred interest,if you pay the deferred portion on or before the last YOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR CREDIT PURCHASES day of the applicable deferred period you pay no interest charges in connection with If you use you card to make a purchase and you are dissatisfied with IN goods or your purchase.Otherwise,we add a Varied Merest charge to your Account on the services that you receive,you may have the right not to pay the remaining want due erphatbn date. on the purdrase. •We figure accrued interest charges each month by multiplying the average dally balance To rse this right,a0 of the folowing must be true: of each deferred balance by the monthly periodic rte. 1.The purchase must have been made in your home State or within 100 miles of your •We do consider all deferred purchases for purposes of determining your available credit current ma!log address,and the purchase price must have been moue than$50.(Note: Nether of these are necessary if your purdsse was based on an advertisement we mated QUESTIONS ABOUT YOUR STATEMENT to you,OF t we awn the company that sold you the goods or services) E-mail us at customerserviceOfrgerAut com 2.You must have used your cant for the purchase. or call 1 ADO.208.2500(English)1 X00356.3208(En EspakQ 3.You must have not yet fully paid for the purchase. pFingerhul 5-060505-000 ----------------------------------------------------------------------------------------------------- IMPORTANT!Has your address, phone number,or e-mail address changed? If so,please fill in any NEW information in the spaces below and we will update your account. Account Phone Name Address City State Zip E-Mail Address Please provide your e-mail address for business transactions. (We will not send promotional material without your permissicn.) 0 Check here it you'd like to receive e-mails about Fingerhut special deals and events. Verification Taylor Madison, 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 plaintiff§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. Dec 4 X014 Date ylMadi n OH 14 Weltman, Weinberg & Reis. ., L.P.A Page-2 III 11191III 11111III1111II 111111111111111 milli 111111111111111111111111111111111111111111 1111111111111111111 ull IIIII 1111 11111111111 8558161275 AFFINDEBTMEDIA 20187207