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HomeMy WebLinkAbout10-27657 ,WEALTH OF PENNSYLVANIA .F COMMON PLEAS Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. !d 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. Y C V I?rrGll !i Y 1 MAG. DIST. NO. NAME OF MDJ Harvest Credit Management, VII LLC 09-2-02 Jessica Brewbaker it- VUC 58 Lincoln Street, Suite 600 Denver CO 80203 1- Ur knarnrlu) (Defendant)' March 30, 2010 Harvest Credit Management, VII LLC V. Anthony J Mira CV-12-10 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. If appellant wa3i"15-laimant (see Pa. R. C. P. D. J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy 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 NOTICE OF APPEAL appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry ot.?dgrwVt of non pros. Z7 C= 73 t 3o. Signature of llant ttorF{q r agent r 0" z? RULE: To appellee(s) *s R° r 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) d?s aft the to of service of this rule upon you by personal service or by certified or registered mail. Co -? (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 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 N, -9vakrA, e K=im o. afl/J?x C O'dIVONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND F- Wg D?- No. 09-2-02 MW (Jame: Hon. JESSICA BREWBAKER Address: 18 N HANOVER ST STE 106 CARLISLE, PA NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE l -300foZ, NAME and ADDRESS HARVEST CREDIT MANAGEMENT VII, 1060 ANDREW DRIVE APT/STE 170 C/O BURTON NEIL & ASSOC. [WEST CHESTER, PA 19380 DEFENDANT: VS. Telephone: (717 ) 240 - 6564 17013 NAME and ADDRESS 41RA, ANTHONY J 1312 BOSLER PLACE CARLISLE, PA 17013-4284 I HARVEST CREDIT MANAGEMENT VII, LLC L- J 1060 ANDREW DRIVE APT/STE 170 C/O BURTON NEIL & ASSOC. Docket CV- 0000012 -10 WEST CHESTER, PA 19380 Date Filed: d: 1/21/10 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT 3/30 (Date of Judgment) /10 ® Judgment was entered for: (Name) MIRA, ANTHONY J Judgment was entered against: (Name) HARVEST CREDIT MANAGEMENT VII in the amount of $ - 0 ' 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 Portion of Judgment for physical damages arising out of residential lease $-- Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ Attorney Fees $ ;gyp 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. > ? r 0 Date 13, Magisterial District Judge I certify that this is a true and c r ct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2012 AOPC 315-07 SEAL LLCM DATE PRINTED: 3/31/10 9:38:00 AM i~ OF 7H~ P~ OTAf?Y 20 t 0 Mk 1' t 2 PM ~: 01 PE~IivS'~'LVA"~i~ Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610)696-2120 Attorney for Plaintiff HARVEST CREDIT MANAGEMENT VII, LLC Plaintiff v. ANTHONY J MIRA 1312 Bosler Place, Carlisle PA 17013-4284 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2765 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 130092 Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff HARVEST CREDIT MANAGEMENT VII, LLC 1N THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10-2765 Civi] ANTHONY J MiRA 1312 Bosler Place, Carlisle PA 1 70 1 3-4284 Defendant CIVIL ACTION -LAW Complaint 1. The plaintiff is HARVEST CREDIT MANAGEMENT VII, LLC, with place of business located at , 2. The defendant is Anthony J Mira, who resides at 1312 Bosler Place, Carlisle, Cumberland County, Pennsylvania. 3. A Barclays JUNIPER credit card was issued to the defendant with account number ending in 8894 hereinafter referred to as the credit card account. 4. Defendant accepted the credit card by making purchases, balance transfers and/or cash advances. 5. Monthly statements were sent to defendant each month which detailed the charges and credits made to the credit card account for the prior month. 6. The balance due on the credit card account is $6,632.74. 7. Defendant did not pay the balance due on the credit card account in full upon receipt of the monthly billing statements and also did not make the required minimum monthly payment set forth in the monthly billing statement. As such, defendant is in default on the credit card account. 8. Plaintiff purchased defendant's account and is now the holder and owner of the account. 9. Although demand was made by plaintiff upon defendant to pay the sum of $6,632.74, defendant failed and refused to pay all or any part thereof. Wherefore, plaintiff demands judgment against defendant in the sum of $6,632.74 and the costs of this action. Burton Neil & Associates, P By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. Verification Neil Sarker, Esquire, attorney for plaintiff, HARVEST CREDIT MANAGEMENT VII, 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 unsworn 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: 5 ~ ( l ~ Neil Sarker, Esquire HARVEST CREDIT MANAGEMENT VII,LLC: IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-2765 Civil C N a =n ANTHONY J MIRA ~- 1312 Bosler Place `~ u~ ~ ni ~ Carlisle PA 17013-4284 ~ _ ~ N ~ -~~ Defendant :CIVIL ACTION -LAW _ ~`3 Praecipe for Default Judgment ~ ~ N m To the Prothonotary: ;~ rt~ a 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 $6,632.74 $6,632.74 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 UNDER PA.R.CIV.P. 236 Pro Prothonotary Burton Neil & Associat P.C. By: Neil Sarker, Esquire Attorney for Plaintiff I.D. N0.203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. ¢i~}.o0 Pp ATT/ a~ s`79 cv'7 130092 ~~` aq~1358 1V~0~ ~u~t~ HARVEST CREDIT MANAGEMENT VII, LLC Plaintiff v. ANTHONY J M1RA Defendant TO: Anthony J Mira 1312 Bosler Place Carlisle PA 17013-4284 DATE OF NOTICE: June 08, 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 30-2765 Civil CIVIL ACTION -LAW IMPORTANT NOTICE 130092 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 paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office below. 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 In making this communication, we advise our office is a debt collector. Burton Neil & Associates, P.C. By:_ Neil Sarker, Esquire Attorney for Flaintiff Identification No. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610}696-2120 Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. N0.203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff HARVEST CREDIT MANAGEMENT VII, LLC Plaintiff v. ANTHONY J MIRA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2765 Civil CTi~IL 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_ to l,~ A l jn Prothon By: 1 Deputy If you have any questions concerning the above, please contact: Neil Sarker, 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. 2165399 ' { , a�;aa�t� Ir I1 Ei ,ii 28 P ] •I' y GORDON & WEINBERG, P. C. BY: FREDERIC I . WEINBERG, ESQUIRE ,,i'fbr_RL;AND COWar4 Identification No. : 41360 �YLfN IA JOEL M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 HARVEST CREDIT MANAGEMENT VII, COURT OF COMMON PLEAS LLC CUMBERLAND COUNTY vs . DOCKET NO. : 10-2765 Civil ANTHONY J MIRA ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the plaintiff in the above-captioned matter. GORDON & WEINBERG, P. C. BY: FREDERIC . WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P012 CERTIFICATION OF SERVICE I, FREDERIC I . WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Substitution of Attorney and Entry of Appearance Pursuant to Pa. R. C. P. 1028 (c) (1) , via First Class Mail, postage pre-paid, to all other parties or their counsel of record. 1 WEINBERG, ESQUIRE Dated: *2-,1/0(