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HomeMy WebLinkAbout11-5101 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CuV\tlf4 LAN NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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 District Justice on the date and in the case referenced below. ._ _.._ ? .f?R?/ _ r >A ? ? Mme/ ?' ??' IMF oa? - 3 -031?1cu.S'? ? ? !1?Ay DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' `? t-\ N - k)u NG 1.V_. DOCKET No. SIGNAT E OF APPELLANT OR ATTORNEY OR AGENT 1 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after riling 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ?-t V Na I ?) a I c appellee(s), to file a complaint in this appeal Name or appellee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To r??L?9i`V r Iiv?) 1yG L L(! , 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 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: a20-? Signature of Proth ary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 nat of appellant affomey or agent V WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OFAPPEAL 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 ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 kil a C= C= rT1- m C 7 ' 3? N C3 *t.) ?"r! ' t M -{ CA C: COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No. MDJ-09-3-03 MDJ Name Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Mary Myers 40 Strayer Drive Carlisle. PA 17013 Midland Funding Llc V. Mary Myers Docket No: MJ-09303-CV-0000099-2011 Case Filed: 4/1!2011 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09303-CV-0000099-2011 Midland Funding Llc Mary Myers Judgment for Plaintiff 05/24/201' Judgment Summary Joint/Several Liability Individual Liability Amount Participant Mary Myers $0.00 $5,291.22 $5,291.22 Judgment Detail ('Post Judgment) In the matter of Midland Funding Llc vs. Mary Myers on 5/24/2011 the disposition is Judgment for Plaintiff and judgment was awarded as follows: _ Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Costs $000 $156.00 $156.00 Civil Judgment $0.00 $5,135.22 $5.135.22 Grand Total: $5,291.22 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??? ?_ . - _ -, r-- -- - -- --- -°^" Date Magisterial District Judge Susan K Day I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Susan K. Day MDJS 315 Page 1 of 1 Printed: 05/24/2011 2:52:26PM In the Court of Common Pleas of Cumberland County, Pennsysvania No. 11-5101 Civil MIDLAND FUNDING ?- 2rn c r--- -- r -0m r < > A ° o 3M- C 3 n _ MARY MYERS _r. PRAECIPE FOR ENTRY of JUDGMENT of NON PROS PURSUANT to RULE 1042.7 To the Prothonotary: Enter judgment of non pros in favor of the defendant Mary Myers and against Midland Funding. The plaintiff, Midland Funding, has failed to file a Complaint and was put on notice that a praecipe for entry of judgment of non pros would be filed. The 10 days for a response under Rules 1037(a) and 1659 has been satisfied. Attached is proof of service. David Wu?ir7y- natary 2011 M Attorney for Plaintiff Burton Neil & Assoc. 1060 Andrew Drive Suite 170 West Chester, PA 19380 03,,E s ly.wpd =*f eas'h 45 0010 MIDLAND FUNDING C/O BURTON NEIL & ASSOC. 1060 Andrew Dr. Suite 170 West Chester, PA 19380 Dear Sirs, In the Civil Action, Midland Funding v. Mary Jane Myers in the Commonwealth of PA, Court of Common Pleas, Common Pleas No. 11- 5101 no Complaint has been filed. You are now put on notice that a Praecipe for a Judgment of Non Pros pursuant to Rules 1037(a) and 1659 will be filed. Mary Jane Myer 40 Strayer Drive Carlisle, PA 17013 ¦ Comp10e items 1, 2, and 3. Also =Miele PK ? PP Y4 If our name amend addon the reverse Z that we can return the to you. ¦ Attach this card to the track of the maiipiece, or on the front if space permits. Ole to: I.8L ?V c, d gV DJ rN E l L C \o caa:v +??? w .? ? X10 vjvg Is delivery if YES, ern 3. Service Type L3"? Mail ? Registered E3 Insured mail different 0 No 13 Express Mail ? Retum Receipt for Merchandise ? C.O.D. 4. Restricted Delivery? (Ex! 'a Fee) 0 Yes 2. (rmArticle Number rWwfrom servlae label) 'x'011, 0470 0001 0904 2666 (T?ansfer from PS Form 3811, February 2004 Domestic Retum Receipt CERTIFICATE OF SERVICE In the Civil case 11-5101 Cumberland County Court of Common Pleas, Pennsylvania, I hereby certify that a copy of a notice to file a Praecipe for Judgment of Non Pros was mailed by first class mail to the Plaintiff, Midland Funding, c/o Burton Neil & Assoc. 1060 Andrew Dr. Stite 170, West Chester, Pa 19380 on 7/15/2011 Mary Myers 7/26/2011 40 Strayer Drive Carlisle, Pa 17013 Postal receipt is included.