Loading...
HomeMy WebLinkAbout09-1958rnMMnNWEALTH OF PENNSYLVANIA COAT OF COMMON PLEAS Judicial District, County Of Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 64-116r( 01 Vj I T.-aIA 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. Midland Funding LLC 8875 Aero Drive, Ste 600 2/26/09 Midland Funding LLC Thomas Placey VS Gary NOTICE OF APPEAL FROM CA 92237 CV-909-08 This block will be signed ONLY when this notation is required under Pa. If apps R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the Magisterial District Judge, will before operate as a SUPERSEDEAS to the judgment for possession in this case. within (20) Signature of Prothonotary or Deputy Claimant (godPa. R. C. P. D. J. No. 1 Judge, A COMPLAINT MUST BE FILED twenty after filing the NOTICE of APPEAL. 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 Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To appellee(s) Name of appellee(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 MAYBE ENTERED AGAINST'YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 9S1 &rh/?'/(Celli A ! ' ' ' ?'/''wJ ??7? '3ignatL#e of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. San Diego AOPC 312-05 V• - . T# t-- _ 5 D c r- .9- rt re) ce ,? v V ? f I . COMMONWEALTH OF PENNSYLVANIA C 'COUNTY OF Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD KKCHANICSBURG, PA Telephone: (717 j 761-8230 17050 MIDLAND FUNDING LLC 1060 ANDREW DRIVE APT/STE 170 C/O BURTON NEIL & ASSOC. NEST CHESTER, PA 19380 T NOTICE OF JUDGMENT/TRANSCRIP CIVIL CASE PLAINTIFF: NAME and ADDRESS riIDLAND FUNDING LLC 1060 ANDREW DRIVE APT/STS 170 C/O BURTON NEIL & ASSOC. LNEST CHESTER, PA 19380 J VS. DEFENDANT: NAME and ADDRESS UFZRY, GARY C. 7 ,JOHNS DRIVE MECHANICSBURG, PA 17050 L J Docket No.: CV-0000909-08 Date Filed: 12/31/08 THIS IS TO NOTIFY YOU THAT: Judgment: - °(DateotJudgment) 2/,26/09 - rX1 Judgment was entered for: (Name) ALFERY, GARY C. ® Judgment was entered against: (Name) MIDLAND FUNDING LLC in the amount of $ Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case. dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F] Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENUTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXSEPT AS, 01THE SE PROVIDED IN THE RULES-OF CIVIL-PROCEDURE ' FOR,, MAGISTERIAL DIS.TRICT:JUDGES,.IF THE_ . _ :_ {"B=AS; lttt FU&THER FROC6SS MUST COME FROM TIHE C UR ,OF CO ONA PLEAS AND NO FURTHER PR04'ESS MAY BE IS$Ue QY THE MAcAST MAL'bigfRIDT BUDGE-. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Ar 3glstei 1) Ss Judg-e certify that this orrect copy of a ecor o ed ngs containing"41lt j ldtgrtik it. Date Magisterial Dlstridt Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-07 0q-1958 Gvi'l -re r- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service 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 on ® a copy of the Notice of Appeal, Common Pleas No. 09-1958 Civil, upon the Magisterial District Judge designated therein (date of service) April 2, 2009, ? by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Gary C Alfery, on April 2, 2009 ? by personal service H by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of official before whom affidavit was made Sig ure affiant Yaliftit W nstein, Esquire makes this statement on its behalf as to the truthfulness of the facts set forth in the foregoing sub to he penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities Title of official My commission expires on 20 .1i'k1L, RECEIPT ° (Dornestic Mail Only ; No insurance Coverage Provided co ) M 1 OFFI CIAL U'L Ln rU Postage $ E r-91 CaMfied Fee ° Q Retum Receipt Fee (Endorsement Required) Postmark Here C3 Reatrbted Delivery Fee (Endorsement Required) ru O M Total Postage & Fees $ r1- ° o ent o -- - ? 0 ? r-- - - - -3 N tee or PO BorNo... ------ --..... ?'ll ?( _---- _--- AOPC 312A - 05 RL --f OF THE PWJW OTARY 2009 APR -6 PM 2: 3 7 NN MIA C 'r l 0 F ICIAL US m a Ln Postage $ nJ Certified Fee r-q P k O Retum Receipt Fee ostmar Here O (Endorsement Required) O Restricted Delhrery Fee O (Endorsement Required) ru O Total Postage & Fees M r-- O Sent TO ?^ ------------------------------ G......_. l r? 1- C3 - Miwf- .1 or PO Box No. /'. . UP!IF - .............. ------- ............ 0 Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff Midland Funding LLC 8875 Aero Drive Suite 200 San Diego CA 92123 Plaintiff V. GARY C ALFERY 7 Johns Drive, Mechanicsburg PA 17050 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1958 Civil CIVIL ACTION - LAW Complaint - Notice 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 (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 claim 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. 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. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 91538 f I Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff Midland Funding LLC IN THE COURT OF COMMON PLEAS 8875 Aero Drive Suite 200 San Diego CA 92123 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-1958 Civil GARY C ALFERY 7 Johns Drive, Mechanicsburg PA 17050 Defendant CIVIL ACTION - LAW Complaint 1. The plaintiff is Midland Funding LLC with place of business located at 8875 Aero Drive Suite 200, San Diego CA. 2. The defendant is Gary C Alfery, who resides at 7 Johns Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. A Emerge Mastercard credit card was issued to the defendant with account number ending in 0030 hereinafter referred to as the credit card account. 4. Defendant made purchases, balance transfers and/or cash advances on the credit card account. 5. The balance due on the credit card account is $3,633.94. 6. Defendant did not pay the balance due on the credit card account as required by the credit card agreement. As such, defendant is in default on the credit card account. 7. Plaintiff purchased defendant's account and is now the holder and owner of the account. 8. Although demand has been made by plaintiff upon defendant to pay the sum of $3,633.94, defendant failed and refused to pay all or any part thereof. Wherefore, plaintiff demands judgment against the defendant in the sum of $3,633.94 and the costs of this action. Burton Dail & lkssMates, P.C. By: Yalg . VV'Vnstein, Esquire AtI ey for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt Verification Yale D. Weinstein, Esquire, attorney for plaintiff, Midland Funding LLC , makes this statement on its behalf as to the truthfulness of the facts set forth in the foregoing complaint subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Counsel, rather than an officer or other representative of plaintiff is verifying the foregoing complaint because plaintiff's officers and/or representatives are outside the jurisdiction of the court and the verification of none of them could be obtained within the time required to file this pleading. Plaintiff's counsel is verifying plaintiff s complaint based upon information and belief from information in his file. Date: nF ?J GARY C ALFERY Midland Funding LLC IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENN YLVANIA V. NO. 09-1958 Civil Defendant : CIVIL ACTION - LAW Affidavit of Service COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CHESTER Yale D. Weinstein, ESQUIRE, being duly sworn according to law, deposeE 1. That he is attorney for Plaintiff in the above captioned action in the Cun County Court of Common Pleas; 2. That on April 24, 2009 he served Plaintiffs complaint on Defendant by return receipt requested; 3. That attached hereto marked Exhibit 1 and incorporated herein by refer and correct copy of the return receipt card; 4. That this Affidavit is made subject to the penalties of 18 Pa.C.S. ectiol to unworn fals* ication to authorities. DATED: In making this communication, we advise that this o la says: mail, is a true relating ¦ Conrplate Poems 1. 2. and 3. Abo conlosw A. Item 4 M Resdicted Dellmy Is desired. X O Apmt ¦ Print your rams and address on the reaeree O ME so that w can return the eard to you. s { Prbrted NI .& .rns} c. ¦ Attach this card to the beck of the maApls ^ or on the front K epaoe permb. D. to address dM mwrtfrom _ 17 1. A tlele Addrew d to: K YES, order dWNwy address • IF 0~ mo RIO' ?I 11yr1Awar.rr>re. ?eratics ?. - o f ? d+wred M@M CI c.o.e. 4. Pas~ DeMnar Okba Fb? O vo 2. ArticisN mbar 7007 3020 0001 2563 4385 (nwre?br Itom aendar NeaeO _ _ ... _ .. PS Form 3811 Fetwuary 2004 w "MW Rstum Receipt 171dee 0?M4t610 EXHIBIT FILED-OFFICE OF THE FO T WONOTARY 2009 JUN 10 Pry 1: 2 7 13?,? _ra : :a:;?NTY PENNSYLVANA Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff IN THE COURT OF COMMON CUMBERLAND COUNTY, PE NO. 09-1958 Civil CIVIL ACTION - LAW VANIA Midland Funding LLC Plaintiff V. GARY C ALFERY Defendant Praecipe to Substitute Verification To the Prothonotary: Kindly substitute the attached verification for the attorney verification fill plaintiff s complaint. Burton Neff & AsWiates, P. l rney for Plaintiff In making this communication, we advise that our firm i debt collector. 91538 Y Verification I, Shelly Ludwig, am an employee of Midland Credit Management, Inc., service projvider for plaintiff Midland Funding,_LLC. I am authorized to make this verification on its behalf. The foregoing averments of fact in the within pleading are true and correct upon information and belief. APR 16 2009 Date: J/, N" , ?/' I/, ?? Signature Sworn to and subscribed before me this day of APR 16 2009 200 91538 Gary C Alfery Account number ending in 0030 1124 w . 1 JIMENEZ - lq6t')a?ry Public-Minnesota My Commission Expires Jafr31, 2013 RLED--OFFICE 4F THE E C, l0TARY 2009 JUN 10 PM 1: 2 7 CU" - :v TY EEI?iv ~??` n? :" ? LV r.?t i Midland Funding LLC 8875 Aero Drive Suite 200, San Diego CA 92123 Plaintiff v. GARY C ALFERY 7 Johns Drive Mechanicsburg PA 17050 Defendant To the Prothonotary: NO. 09-1958 Civil CIVIL ACTION -LAW Praecipe for Default Judgment Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: TOTAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA $3,633.94 $3,633.94 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment debtor and creditor. 2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA), the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense website. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN U1~ER PA.R.CIV.P. 236 Pfo Protho 7/~/0~ Burton 1'~eil &~~sociates, P.C. By: Yale' einstein, Esquire At rney for Plaintiff I. . NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. 91538 4 . MIDLAND FUNDING LLC Plaintiff v. GARY C ALFERY Defendant IN TIDE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1958 Civil CIVIL ACTION -LAW Notice of Intention to File Praecipe for Default 3ndgment TO: Gary C Alfery 7 Johns Drive Mechanicsburg PA 17050 ANPORTANT NOTICE 91538 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford ane, go to, or telephone the following office to find out where you can get legal help. 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. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-316b or 800-990-9108 DATE OF NOTICE: June 15, 2009 In making this communication, we advise our office is a debt collector. Burton l~i & As~ciates, P.C. sy: Yaffe D. Wei ,e Es uire Attorney for aintifl" Identificatio 0.8467$ 1060 Andre rive, Suite i 70 West Cheste , PA 193 80 (610) 696-2120 cc: Craig Black, Esquire C~t~vi~r .'- ~~ . ~ _ ,.zn $i~.oo Pp wi'r`I e~ * apt gs3 a~r# aaT~3s ~J~ 1~~,1.t1 Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff Midland Funding LLC Plaintiff PENNSYLVANIA v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. 09-1958 Civil GARY C ALFERY Defendant CIVIL ACTION -LAW Rule of Civil Procedure N0.236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on_ 71~~09 rothonota By: Deputy If you have any questions concerning the above, please contact: Yale D. Weinstein, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 The law firm of Burton Neil & Associates is a debt collector. ..i. ' - ' ' ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~~ Sheriff ~ '~ p,~.,~an~QTAAY ~~~~~4i 0'~ -4It 7td~~p~~ ~ Jody S Smith ~" Chief Deputy ~ ,-~~:, ,~ 10 AUG 3 - aM 8~ 51 Richard W Stewart '~ ~~ Solicitor ~~~Fe~ ~,F - ~ _,~~Rf~~ ~~~v~~ Midland Funding LLC Case Number vs. Gary C Alfery 2009-1958 SHERIFF'S RETURN OF SERVICE 01/13/2010 01:49 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2010 at 1349 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Gary C. Alfery, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Mary Ellen Ballew, Customer Service Representative personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on January 15, 2010 to Gary C. Alfery at 7 Johns Drive, Mechanicsburg, PA 17050. 08/30/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.94 SO ANSWERS, ~:~'~~ August 30, 2010 RON R ANDERSON, SHERIFF B Sharon R. Lantz ~a.,ao P`~G6 ~-~ -sa ~3~ ~ ~ ~~~~ ~ ~~ ~- (c) CountySuite Sheriff. Teleosoft, Inc.