HomeMy WebLinkAbout11-3073ONWEALTH OF PENNSYLVANIA t / QJ00
COURT OF COMMON PLEAS
Judicial District, County Of CUMBERLAND
NOTICE OF APPEAL
FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No. / f ?G7 O/1/) I
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.
NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ
MIDLAND FUNDING, LLC 09-2-02 HONORABLE JESSICA BREWBAKER
ADDRESS OF APPELLANT CITY STATE ZIP CODE
8875 AERO DR SANDIEGO CA 92123
DATE OF JUDGMENT IN THE CASE OF (Plaintift) (Defendant)'
2/14/11 MIDLAND FUNDING, LLC VS JOYCE SHEAFFER
DOCKET No. SIGNATURE APPEL T OR ATTO Y OR ENT
CV-300-10
This block will be signed ONLY when this notation is required under if ppe an w C/a eLALA (6) in action
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District JuT BE FILED
operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty
(20) days after filing the NOTICE 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 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 of judgment of non pros.
Signature of ap nt 0ZJttorngy or agent
Co --
RULE: To = `)<
appellee(s) F
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 2
of this rule upon you b (O)''`'kays aft the. l6te of service
y y 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'' OU:;--
(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.
P,l . 4U 175 Ag?
AOPC 312-05 Pie-0 (0,!S3
fol. ? ????7
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil Y_t
COUNTY OF CUMBERLAND
Case
Mag. Dist. No: MDJ-09-2-02
MDJ Name: Honorable Jessica Brewbaker
Address: 18 North Hanover Street, Suite 106
Carlisle, PA 17013
Telephone: 717-240-6564
Michael Ratchford, Esq.
120 N Keyser Ave
C/O E A Abrahamsen & Assoc P C
Scranton, PA 18504
Disposition Summary
Docket No Plaintiff Defendant
MJ-09202-CV-0000300-2010 Midland Funding Llc Joyce May Sheaffer
Midland Funding Llc
V.
Joyce May Sheaffer
Docket No: MJ-09202-CV-0000300-2010
Case Filed: 11/15/2010
Disposition Disposition Date
Judgment for Defendant 02/14/2011
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 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.
a14h
Date
Magisterial District Judge Jessica Brewbaker
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial -District Judge Jessica Brewbaker
MuJJ 1115
Page 1 of 1
Printed: 02/14/2011 11:12:38AM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC
8875 AERO DR
SAN DIEGO CA 92123
Plaintiff
VS.
JOYCE SHEAFFER
815 FACTORY ST
CARLISLE PA 17013
Defendant
CIVIL ACTION
NO: )I- 3673
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 to Defend 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 ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE.
MIDPENN LEGAL SERVICES
401 EAST LOUTHER STREET
CARLISLE, PA 17013
717-243-9400
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC
8875 AERO DR CIVIL ACTION
SAN DIEGO CA 92123
Plaintiff :
vs.
JOYCE SHEAFFER
815 FACTORY ST
CARLISLE PA 17013
NO:
Defendant
COMPLAINT
Plaintiff, MIDLAND FUNDING LLC, by and through its attorneys, Edwin A.
Abrahamsen & Associates, P.C., complains of the Defendant as follows:
1. Plaintiff, MIDLAND FUNDING LLC, (hereinafter "Plaintiff') is a
California corporation with a principal place of business located at 8875 AERO DR SAN
DIEGO CA 92123.
2. The Defendant JOYCE SHEAFFER (hereinafter "Defendant") is an adult
individual residing at 815 FACTORY ST CARLISLE PA 17013.
3. At all relevant times herein, Plaintiff was engaged in the business of debt
purchase and collection.
4. Defendant applied for and received a credit card issued by HSBC BANK
NEVADA, N.A. with the account number 5440455020547207.
5. The within account was sold by HSBC BANK NEVADA, N.A. to
MIDLAND FUNDING LLC for valuable consideration and all rights under said accounts
were assigned to MIDLAND FUNDING LLC. (See, Bill of Sale attached hereto as Exhibit
"A".)
6. Use of the HSBC BANK NEVADA, N.A. credit card was subject to the
terms and conditions of the Cardmember Agreement (hereinafter "Agreement"), a copy of
which was sent along to the Defendant with the credit card. A copy of this document has
been requested from HSBC BANK NEVADA, N.A., and will be provided upon receipt.
(See, Credit Card Agreement attached hereto as Exhibit "B")
7. Defendant used the HSBC BANK NEVADA, N.A. credit card with
account number, 5440455020547207, for purchases, cash advances and/or balance
transfers. Use of the card in this manner constituted acceptance of the terms and conditions
and subjects the Defendant to the terms and conditions contained therein. (See, Account
Statements attached hereto as Exhibit "C".)
8. The Defendant was mailed monthly account statements relative to the
Defendant's use of the subject credit card.
9. The Defendant defaulted under the terms of the Agreement by failing and
refusing to make monthly payments on the account as they became due.
10. The Defendant last made payment on October 5, 2009.
11. The total amount due and owing the Plaintiff including interest, is
$1,095.62.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in
the amount of $1,095.62 plus costs of suit and any other relief as the Court deems just and
appropriate.
Re
Edwin A. Abrahamsen &,
Michael F. Ratchford, Esqu' e
Heather K. Woodruff, Es ire
Attorney I.D. Nos.: 8628 1207805
120 North Keyser Ave.
Scranton, PA 18504
mratchford@eaa-law. om
hwoodruff@eaa-law. om
Phone: 570-558-5510
Fax: 570-558-5511
VERIFICATION
I, Michael F. Ratchford, attorney for Plaintiff,MIDLAND FUNDING LLC, am
fully familiar with the facts set forth in the within Complaint and am authorized to make
this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within
allegations are true and correct to the best of my knowledge, knowing that any false
statements are punishable by law pursuant to 18 C.S.A. 4904.
BILL OF SALE
HSHC Bank Nevada, N.A., HSBC CARD SERVICES (III) INC. ("Seller"), for
value recer?ed and pursuant to the terms erid conditions af" is ecer Ales Purchase
Agreement C Agteement'7 dated swebAw t6, 2ow between Seller and Midland Funding,
LLC ("Purchaser"}, does hereby sell, assign and convey to Purchaser, its sur cossor and
assigns, all tight, title and interest of Seller in and to those certain purchased receivables
listed on tho,Sale File attached as Exhibit A, without recourse and without representation
of, or warranty of, collectibi.lity, or otherwise, except to the extent provided for within the
Agreement.
EXECUTED this 2V' day of January, 2010.
HSBC CARD SERVICES (III) INC,
By:
N ale': san Solomon
Title: Vice President-Assistant S retary
HSBC B= D N. .
By.
Nam . Susan S gorp?
Title: Senior Vice President
F.
?i•
r"
K
--
cx?.:b;+ A
Closing Statement
HSBC CARD SERVICES (IJI) INC.
This transaction consists of Charged Off Receivables being purchased by Midland Funding, LLC
("Purchaser') from HSBC Bank Nevada, N.A., HSBC Card Services (111) Inc. ("Selke) pursuant to
a Receivables Purchase Agreement dated September 16, 200. For the purpose of this Closing
Statement the Sale File date shall be January 21, 2010.
M. On the Closing Date January 26, 2010. Purchaser shall pay to Seller, by wire transfer or
otherwise immediately available funds, an amount which equals
N. Seller agrees to transfer the Purchased Receivables, asset forth in Schedule 1, to
Purchaser on the Closing Date.
Funds must be wired as follows:
HSBC Buffalo, NY
ABA (Routing) Number
Credit Bank Account Name HCS Main Depository
Or HCS Custodian - IL
Credit Bank Account Number
Or Delivered on 01/26/2010 HSBC Card Services
111 I North Town Center Drive
Las Vegas, NV 89134
Atm. Stuart Austin
All funds must be oertifted, cashiers check, or wire transfer.
HSBC CARD SERVICES (III) INC. Midland Funding, LLC
By: ---
N : Susa,?j Natno:
__.. _ _. 75t1e::iFice{? t?Aasi Marv __ 1°etio: _ _. _ hrlttfdartE._.....
HSBC BA C ? A.
By:
Name:. a Solomon
_
Title: SeniorViee
AMENDMENT TO THE PURCHASE AGREEMENT
This AMENDMENT TO THE PURCHASE AGREEMENT, is made this 2Th day
of April, 2010, by and between HSBC Bank Nevada, N.A., HSBC Card Services (10) Inc.
(collectively, "Seller"), and Midland FundiAg LLC ("Buyer") with reference to the following
facts and circumstances:
RECITALS
A. Whereas Seller and Buyer entered into that certain forward flow Purchase
Agreement dated September 16, 2009; "Agreement";
B. Whereas Seller and Buyer desire to amend the Agreement; and,
NOW, THEREFORE. in consideration of the premises and the covenants
hereinafter set forth and for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, Seller and Buyer hereby agree as follows:
1. The following sections of the Agreement shall be amended and/or appended for any
and all Receivables that Buyer purchases under the Agreement as follows:
a) Exhibit A of the Agreement "Assignment and Bill of Sale" is hereby replaced in
its entirety as follows:
ASSIGNMENT AND BILL OF SALE
HSBC -Bank Nevada, N.A. and HSBC Card Services (Ill) Inc. (hereinafter collectively
called "Seller") have entered into that certain Purchase Agreement as of September 16, 2009
("Agreement") for the sale of Purchased Accounts, Purchased Receivables and Account
Documents described in Section I thereof to MIDLAND FUNDING LLC (hereinafter called
"Purchaser"), upon the terms and conditions set forth in. that Agreement.
NOW THEREFORE, for good and valuable consideration, Seller hereby sells, assigns,
and transfers to Purchaser, its successors and assigns, all of Seller's rights, title, and interest in
each newt every one of the Purchased Accounts, Purchased Receivables and Account Documents
described in the Agreement and in Schedule I attached hereto.
Purchaser and Seller agree that the purchase price shall be as stated in Section 3 of the
Agreement.
IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the
day of , 2010.
SELLER:
HSBC BANK NEVADA, N.A.
Its.
HSBC CARD SERVICES (III) INC.
By:
Its:
b) Schedule I to Bill of Sale "Account Summary" is hereby replaced in its entirety
as follows:
Schedule I to Bill of Sale
ACCOUNT SUMMARY
Pursuant to the Bill of Sale to which this Schedule.l is attaehed,.there are
accounts and associated Purchased Accounts and Purchased Receivables being transferred by
Seller to Purchaser with an aggregate unpaid principal balance of
. These accounts and unpaid principal balances are individually
listed on the digital data file named and delivered by Purchaser to Seller
on or before the date of the Bill of Sale.
All other terms and conditions in the Agreement shall retrain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment by their duly authorized
officers as of the date first shown above.
HSBC Bank Nevada. N.A.
By:
Title:
HSBC Card Services (111) Inc.
By:
Title:
Midland Funding LL {C
?? By: /
A Ma"M Mutt
f
Title: 00111111111101
2
2. Additionally, Seller and Buyer agree to the following; For forward-flow transactions
occurring under this Agreement beginning on the initial closing date of September 25,
2009 and continuing through the most recent closing date of March 23, 2010, Seller
agrees that the information contained in the below chart is correct and accurate:
HSBC Bank Nevada. N.A.
By:
Title: ?'?`n11a2 ?rtE 1?G3cAtr
HSBC Card Services (111) Inc
BY:
Title; Vtca Peimrtwvr- Al tsnwr
Midland Funding LLC
By: ,,/
tltntetltM we*
Title: itie0d.
AFFIDAVIT OF SALE
OF ACCOUNT
BY ORIGINAL CREDITOR
State of Nevada, County of Clark
Ashley Oku being duly sworn deposes and says:
I am over 18 and not a party to this action. I am a Business Analyst of HSBC Bank Nevada, N.A.
and HSBC Card Services (III) Inc. In that position I am a custodian of the creditor's books and
records, and am aware of the process of the sale and assignment of electronically stored business
records.
On or about January 26, 2010, HSBC Bank Nevada, N.A. and HSBC Card Services (III) Inc sold
a pool of charged-off accounts by a Purchase and Sale Agreement and Bill of Sale to Midland
Funding LLC. As part of the sale of the Accounts, electronic records and other records were
transferred on individual Accounts to the debt buyer. These records were kept in the ordinary
course of business of HSBC Bank Nevada, N.A. and HSBC Card Services (III) Inc.
I am not aware of any errors in these accounts.
The above statements are true to the best of my knowledge.
Signed this 20 day of April, 2010.
Ashley Ol
Business Analyst
State of Nevada
County of Clark
Signed and sworn before me this 20 day of April, 2010.
ARYpU9W. STArew NEVADF
ANT W 07-41177.1
LW Nry APP" r. 6, imB JULY 26 2011
CERTIFICATE OF CONFORMITY
1, Shelley Lanzkowsky, an attorney-at-law of the State of Nevada,
who resides in the State of Nevada and is fully acquainted with the laws
of the State of New York pertaining to the acknowledgement or proof
of deeds of real property to be recorded therein, do hereby certify that
I am duly qualified to make this certificate of conformity pursuant to
Section 299-a of the Real Property Law of the State of New York and
hereby certify that the acknowledgement or proof upon the foregoing
document was taken by Johnathan Hall, a notary public in the State of
Nevada, in the manner prescribed by the laws of the State of Nevada
and conforms to the laws thereof in all respects.
IN WITNESS WHEREOF, I have hereunto set my signature, this
20th day of July, 2010.
VAY-14-10 I D W
0
FROi4-
StCRETARY 4F STATE,
1.1 -Pp O.F Nts ?1Y
2,., All Wham These ,presents S1#4ft Game, Gre gjW:
KNOW YE, that I, Ross Miller, Secretary of State of Nevada, by the amthority vested in
nit by the laws thereof, do hereby appoint:
JOHNATHAN HALL Jt.
of CLARE, COUNTY
A NOTARY PUBLIC
IN AND FOR THG STATE OF NP. VADA
wider Chapter 240 of the Nevada Revised Statutes; and I authorke the appointee to
disebarge, according to law, the duties of said otlls % and to hold and enjoy the same,
together with all the powers, privileges hod emoluments thereunder appertaining, for the
term begin alag
duly 26, 2007, and expiring on .)Tiny 269,'2611
No: 074117-1
T-914 P.006/002 F-780
IN TESTXMONY WRTMOF, I have hereunto set
my hand and caused to be affixed the Great Seal of
the State of Nevada. Hone at Carson City, Nevada,
this dth day of Augus4 2007.
..••n•.1/wSy•pw....Y.,a??nrdl l o}...... .......... 11 ..••.•..........., ?•a...a .............nm?
Posst?7 Ey
Secretary of S'i U8
Notary Oark
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MC m OakB PA 19456
STATEMENT
MCM Account #: 8533565305 Previous Balance:
$1,001.12
Original Account #: 5440455020547207 Interest Rate:
6.00%
Statement Date: 06-16-2010 Due Date: 07-1.6-2010 Accrued Interest:
$26.94
Current Owner. Midland Funding
LLC Original Creddor:HSBC BANK NEVADA. N. A. Current Balance:
$1,028.06
Due Date Date Received Transactions Amount
07-16-201n 06-16-2010 The above-referenced account was purchased by $1,028.06
Midland Funding LLC and is serviced by Midland
Credit Management, Inc ("MCM"). The balance of
$1.028.06 is due now.
Please direct all correspondence to: Midland Credit
Management, Inc.
Current Balance:
$1,028.06
Please understand this communication is from a debt collector. This is an attempt to collect a debt. Any
information obtained will be used for that purpose.
mown-
6 Co..
Dept. 12421
PO Box 603
Oaks. PA 19456
NINI?I?IIIIINI?II?IINNII?InI?IINNII?IIIIIN111111111111N
06-16-2010
#B W N HLTH 15321.1584
#0000 0853 3565 3052#
JOYCE M SHEAFFER
815 FACTORY ST
CARLISLE, PA 17013-1352
Dear JOYCE SHEAFFER,
Midland Credit Management, Inc. has made several attempts to
contact you regarding this account. This letter is to inform you that we
are considering forwarding this account to an attorney with the intent 'goal last
to initiate legal action to satisfy the debt. Upon receipt of this notice brkwitn
f
,
please call immediately to discuss your options. ?eountgoe
goes
ay.
If we don't hear from you or receive payment by 07-16-2010
we may t report will
,
proceed with forwarding this account to an attorney. made the
What do you need to do to stop this process from continuing? Ke all of your
payment(s)
1) Mail in $250 and call to set up your remaining payments, or account,
sport will be
2) Call us today to see how to qualify for discounts and affordable ` aid in Full9*
payment plans.
u
LET US HELP YOU! Once the account goes to an attorney, our flexible
s?.
options may no longer be available to you. There is still an opportunity to
make arrangements with us. We encourage you to call us today: CALL US TODAY!
(800) 939-2353
(800) 939-2353
Midland Credit Management
(800) 939-2353
PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION AND Hours Operation:
ADDITIONAL DETAILS ABOUT YOUR ACCOUNT Ga am -
M-Th
. Fri 6
Fri Gam - Spm;
Your credit report will not be updated if the federal reporting period has expired. Sat 6am - 2:30pm PST
Please tear off and return lower portion with payment in the envelope provided
MCM Account No.: 8533565305
Current Balance: $1,028.06
Make check payable to: Midland Credit
Management, Inc.
Payment Due Date: 07-16-2010
Amount Enclosed:
mCmMidland Credit Management, Inc.
P.O. Box 60578
Los Angeles, CA 900600578
1111111111111?11111111111111?111111111?11111111111111111111..1
4
a
n
12 8533565305 2 0102806 071610 2
16321. 3A69 • 1564
_ Midland Credit
Management, Inc.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
MIDLAND FUNDING LLC
8875 AERO DR
SAN DIEGO CA 92123
CIVIALACTION 11-3073
Plaintiff
VS.
JOYCE SHEAFFER
815 FACTORY ST
CARLISLE PA 17013
defendant
NO: CV-300-10
DEFENDANT'S ANSWER
To Appeal of Magisterial District Judge Judgment
C)
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C5 C,
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1.As per court notice,Defendant appeared in District Court before the Honorable Jessica Brewbaker on
February 14, 2010 in order to defend against Plaintiffs suit against Defendant;
2.To Defendant's knowledge, Plaintiff received notice of the court date;
3.Plaintiff did not attend the hearing;
4.Plaintiff did not give Defendant notice that Plaintiff would not be in court;
5.The Honorable Jessica Brewbaker entered a judgment in Defendant's favor at the February 14, 2010
hearing;
6.The basis of Plaintiffs claim, that Defendant owes Plaintiff a debt,is untrue, the debt having been
paid in August 2009; (Attached Form);
7.Defendant appeared in court as ordered to defend against Plaintiffs allegations' talking time off from
work, and causing financial detriment to Defendant;
8. Plaintiff had the same obligations and opportunity to appear in court on February 14, and had
the benefit of an attorney to advise them to appear in court on the scheduled hearing date;
9. Defendant does not have an attorney;
10. Defendant requests the Plaintiffs appeal be denied for the above reasons.
Joyce May Sheaffer, Defendant Date
ARGO 22 NO. 6671
F, uc
-`'0--2008 ;UE 04:06 Pit WELLS FARGO FINANCIAL FAX N0. 7177839388
NOTE AND SECURITY AGREEMENT "loa» Agtesntent'?, the words
IbENTIF16AU M OF PAM M in this Note and Sepxint Agteant? d (ApMMWt" a and "our" mean the Lender and its
"you" and "youe" mean each Borrower who signs this Agro meet; the wards "war Interest in the
suecessors and asal m and the word "flwt a means someone other qw a Borrower who her, an awrolhIp
Cow d? 2 ? signs #0 ro p t AgreaMent on page 2.
t od vA they hind you In the
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same manner as if they were Whiled In the first part of this Agreement.
tts Fargo Finlmctai Pennsylvania, Inc.
4830 CAItUSM 101* ORIGINAL
HAnAPt]Erl t'TR 5TE E3
MCHAWCSBURG PA 17050 Aecalnl Number 502915ox11186901
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Pace I of 4
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Mag. Dist. No. MDJ-09-2-02
MDJ Name!
Address'.
Honorable Jessica Brewbaker
18 North Hanover Street, Suite 106
Carlisle. PA 17013
Telephone: 717-240-6564
Joyce May Sheaffer
815 Factory St
Carlisle. PA 17013
Disposition Summary
Docket No Plaintiff
MJ-09202-CV-0000300-2010 Midland Funding Lic
Notice of Judgment/Transcript Civil
Case
Midland Funding Llc
V.
Joyce May Sheaffer
Docket No: MJ-09202-CV-0000300-2010
Case Filed: 11/15/2010
Disposition Disposition Date
Defendant 02/14/201-
Joyce May Sheaffer Judgment for Defendant
I
ANY PARTY HAS THE RIGHT TO APPEAL WITHIM3301DPAL SS AF TER HD VISIONENTRY OYOU MUSTN BY FILtNA A NOTICE OF APPEAL OF
THE PROTHONOTgRYICLERK OF COURT OF COM
JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
EXCEPT AS OTHERWISE PROVIDED IN THE RTHE COURT CIVIL
HOLDER ELECTS ENTER THE JUDGMENT IN
COURT COMMON N PLEAS T AD NO NS NTEREDH NRTHPROCESS E COURT OF COMMON PLEAS, ANYONE IN ERESTED INJTHE JUDGMENT MAY FILE A
UNLESS THE JUDGMENT
REQUEST FOR ENTRY OF SATISFACTION WITH THE E MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN Fl3` L SETTLES.
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
rti A a t }S Al ^vir Cw
Date Magisterial District Judge Jessica Brewbaker
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge Jessica Brewbaker
Printed: 02/ 14/2011 11:12:38AM
Pa-'e ' of
MDJS 315
COMMONWEALTH OF PENNSYLVANIA Rescheduling Notice
COUNTY OF CUMBERLAND
Mag. Dist. No: MDJ-09-2-02
MDJ Name: Honorable Jessica Brewbaker
Address: 18 North Hanover Street, Suite 106
Carlisle, PA 17013
Telephone: 717-240-6564
Joyce May Sheaffer
815 Factory St
Carlisle. PA 17013
A c vii complaint has been filed against you in the above captioned case.
Midland Funding Lic
V.
Joyce May Sheaffer
Docket No: MJ-09202-CV-0000300-2010
Case Filed: 11/15/2010
A Civil Action Hearing was previously scheduled on January 6, 2011 / 9:00 AM. It has been rescheduled to be held on/at:
Date: Monday, February 14, 2011 Place: Magisterial District Court 09-2-02
18 North Hanover Street. Suite 106
Time: 9:00 AM Carlisle. PA 17013
717-240-6564
Continuance requested by Joyce May Sheaffer
Reason: Defendant Not Ready
Comments: defense entered
Notice To Defendant
If you intend to enter a defense to this complaint, you should so notify this office immediately at the above telephone number.
You must appear at the hearing and present your defense. Unless you do, judgment may be entered against you
by default.
if you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the
nearing, you must file it on a complaint form at this office at least five days before the sate set for tine hearing.
Pursuant to Pa.R.C.P.D.J. No. 342(B)(2), no claim by the defendant will be permitted in a supplementary action filed for failure of
judgment creditor to enter satisfaction.
Notice To Plaintiff
Pursuant to Pa.R.C.P.D.J. No. 318, you or your attorney will be notified if the defendant gives notice of his/her intention to defend.
If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services,
please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation.
fC#MMONWEALTH nF PFtiruevi tiwlkle.
COURT OF COMMON PLEAS
Judicial District, County Of CUMBERLAND
NOTICE OF APPEAL
FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No. it , -
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 Ma isterial
Judge on the date and in the case referenced below.
9 District
NAME OF APPELLANT
?MIDLAND FUNDING, LLC
ADDRFCR !lC eoee. ...?
8875 AERO DR
2/14/11
MIDLAND FUNDING, LLC
SANDIEGO
HONORABLE JESSICA BREWBAKER
STeTC
VS JOYCE SHEAFFER
CA
92123
JIUNA I UR / APPEL OR ATT Y oR ,ENT
CV'-300-10 ? i!
will oe signed ONLY when this notation is required under
R.C.P.D J. No. 1008B.
This Notice of Appeal, when received by the Magisterial District Judge, will
operate as a SUPERSEDEAS to the judgment for possession in this case.
Signature of Prothonotary or oBPuty
i
If ppe an w Cla ee a. . P.D.J. No. 1001(6) in action
before a Magisterial District Judge, A OMPLAINT MUST BE FILED
within
twenty
(20) days after filing the NOTICE of PPEALOMPLAWT MUST BE
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
(Common Pleas No.
Name of aPpe!!ee(s) - -w ° -inpiaini in this appeal
within twenty (20) days after service of rule or suffer entry of judgment of non pros.
RULE: To Slgnature of appellant or attorney or agent
Name of apmllee(s) appellee(s) -
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) da after
:)f this rule upon you by personal service or by certified or registered mail. ys the date of service
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE 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.
312-05
ueft
Prothonotag
~�'/�»m~��~?2[>�nrn
Office � the �'~~'~ ---/
Cum6erfand County, anza
/I
Solicitor
36 Z3 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2014AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
BY THE COURT,
DAVID D. BUELL