Loading...
HomeMy WebLinkAbout11-5481COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of 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. M 7Si -03-6? 14 - .- _ M-S -cA-?3 -GY -C?0©c32 (. - 2ol 1 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 District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. sow- or Rom-otary-D*P* vs -)(3l If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon I ! , ( CA C_ appellee(s), to file a complaint in this appeal Name of apW"(fj (Common Pleas No. A S 0 )within twenty (20) days after se ice of rule or suffer entry of judgment of non pros. , -, ,L,,p Signature o/ appellant oretbmey or agent RULE: To M"I ` appellee(s) Name of appe#es(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: 20// QIo7C? ' ? Slgrwfure of or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WI H THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE FIL -pFFICE Of THE ?OTHONOTARY 2411 JUL -6 PM 2: 59 CUM%RLAN0 COUNTY Qua - 49 1• -I5 FA ?S b,{ DeT eC-eC.u- 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 ; 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 official before whom affidavit was made Title Of official 4 Signature of affiant My commission expires on 20 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 Trina Garcia 65 Sunnyside Drve Carlisle. PA 17015 Disposition Summary Midland Funding Llc V. Trina Garcia Docket No: MJ-09303-CV-0000026-2011 Case Filed: 2/2/2011 Docket No Plaintiff Defendant Disposition Disposition Date M.1-09303-CV-0000026-2011 Midland Funding Lic Trina Garcia Default Judgment for Plaintiff 06/14/2011 Judgment Summary JoinVSeveral Liability Individual Liability Amount Participant Tnna Garcia $0.00 $1,511.81 $1,511.81 Judgment Detail (*Post Judgment) In the matter of Midland Funding Lic vs. Trina Garcia on 6/14/2011 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows. Judgment Component JoinVSeveral Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $1,377.06 $1,377.06 Filing Fees $0.00 $101.50 $101.50 Server Fees $0.00 $33.25 $33.25 Grand Total: $1,511.81 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UN6ESS COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUE TFFO T EN f UDO S TI AENTERED I$ ED' ITHT HE A 1 RIA ' [FIST TJ 1 TRE'JUCYGMERYDESTOR'PAYS' IN L SETTEES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. -14 , Date Magisterial District Judge Susan K. Day certify that this is a true and correct copy o the recor o the proceedings containing the judgment. Date Magisterial District Judge Susan K Day MDJS 315 Page 1 of 2 Printed: 06/22/2011 10:42:19AM "I 4? l ? V ? b+?il?'a eJ8 ',flp ------------- n ON xoa Od a -'7-v,• ,?1 ?y ?"??, ?. ----: oN 'Jdy'laejJS ------------------------..---: -- -------------- n ,.1 -e'----? p? 8, F t ( 1 r `c? ?-l = Y? ^ e Xl-, ? V ti) or hies L? I ? ILO $ 998-4'R a6elsod IelOL E-' Ln 0 C (pannbaa luawasJopu3) (? aed kanliaa PaJOUlsay (pannbaa luoweslopua) O a? ) eu eed adleoaa wnlaa O O P q • Z; aed pelJlueo L? E TOO i? rOf $ ee6elsod C3 • _ • • _ r • _ • • 1 I!epv • I O • I CIAHIIH30 as 1 me-we /o ainleups ?. ! J C"Y" OZ ` uo sa3idxa uomslwum Aw 0110WO10 ONL Til 7 apeW seM Jnep?Ige urogn. alo{aq fo aunjeu&g ?' ?j s?? t?7vr TOZ ' !n JO AV(] ?.? SIHI 3W 3210338 o38wose s C7Nv (03W??IJ:A (N?IOMS) -o;alaq payoepe ;dlaoai pap as `flew (Pa.la 16ai) (pagluao) Aq amies leuosiad Aq -T- ' "{ U0, (oweu) 'ealladde ay; uodn pue 'o;aaay pagOe a ;dhow s,japuas `flew (pa.ialsl6aj) (paylpao) AqA7f aolnias leuosied Aq '?-OZ ' aolnias ?o a;ep) uo ulaiay; pa;euOisep aol;snp;owsla ay; uodn ' seald uowwo3 'leaddylo aol;oN ay;;o hdoo e in pan.las I ;eql (wnl}e) (jeams) Agajaq I -'IIAVa1=13b' ss 30 AlNfl00 VIN` A-lAS N3d JO HYlb3MNOWW00 (-saxog algealldde -Joego -leadde so aollou ay;.*o Bugy 8313y SAVCI (00 N31 N1H11M 03713 381SnPV aalwas jo poid sly!) 1NIVIdW00 371-401 37nd ONV 7b'3ddV-40 30110N -40 30UIM3S -40 -4008d 6+dlZ 'a7eJ5 --------------------------------------------.......... ' -k ' 'ON xo8 ( l l _-- t- ----------- ---- ------------ ? ON ' 7 -? r' _ of t , Jmno $ seed V 96elsod 11 YIN AIA,SNN3d ' ae?I?aaauuawmi AiNnoo aNjvlv]8wn3 (paj!nbaa luawesi G I 7 ei 8666 f aed 3dlaoaa wnlat 6S `E wd 9- ?(? IfH I IOZ )Pewlso of •Z: aadPe lUS? AHVIONQWIM 3Hi 30 £too trosi $ 06elsod 30l3b•01 ?- I4d6 I1"19N COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of 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. 'wvncaaur ww' .r'•\ CITY STATE ZIP CODE DA OF JUDGMENT IN THE CASE OF (PNWoff) ! (pay l' MDOCKET No. SIGNATURE APPELLANT OR ATTORNEY AGENT 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 filing the NOTICE of APPEAL. Siyns - o(Profnonohry or Dsp* 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 appellee(s), to file a complaint in this appeal Name or (Common Pleas No. t' within twenty (20) days after se ice of rule or suffer entry of judgment of non pros. % ?} Signattir>9 0J brwWh nt o,r _wk- or agent RULE: To r 1 : cx-NA f,.. n i(...\ r-< b c , appellee(s) Name of appef"(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. e 11 (2) If you do not a`corn plaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST l it h"' (3) The dia a of s"cfilbf this rule if service was by mail is the date of the mailing. :µ(` r w? !(?'iU?CtC ?? Date: uve o/P or Deputy a r' YOU MUit- LUI&E-A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM W H THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE FILED-OFFICE OFF THE PROTHONOTARY 2011 JUL 18 AM 10: 4 I CUMBERLAND COUNTY PENNSYLVANiPi 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. TRINA GARCIA 65 Sunnyside Drive, Carlisle PA 17015 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5481 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 143077 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. 11-5481 TRINA GARCIA 65 Sunnyside Drive, Carlisle PA 17015 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 Trina Garcia, who resides at 65 Sunnyside Drive, Carlisle, Cumberland County, Pennsylvania. 3. A GE MONEY BANK credit card was issued to the defendant with account number ending in 9324 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 $1,377.06. 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 $1,377.06, defendant failed and refused to pay all or any part thereof. Wherefore, plaintiff demands judgment against defendant in the sum of $1,377.06 and the costs of this action. Burton Neil & Ass9elat s, P.C. By: Yal D. e ni stein, Esquire A o v 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: 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 V. TRINA GARCIA Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5481 : CIVIL ACTION -LAW Certificate of Service I, Yale D. Weinstein, Esquire do hereby certify that I served a true and correct copy of the within complaint on pro se defendant, Trina Garcia at her address of record via first class mail, postage prepaid on the date set forth below. Date: Burton Neil & s, P.C. By: Yal . Weinstein, Esquire A rnev for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 143077 MIDLAND FUNDING LLC 8875 Aero Drive Suite 200 San Diego CA 92123 Plaintiff V. Trina Garcia 65 Sunnyside Drive Carlisle PA 17015 Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-5481 z " ?" t ar pro ?Z ? QO CIVIL ACTION - LAW ?n = o ` Praecipe for Default Judgment y --t 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 $1,377.06 $1,377.06 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. NOTIC IV UN PA.R.CIV. 236 WiD A Pr ro By: The law firm of Burton Neil & Associates is a debt collector. 143077 NeJyA Associates, P.C. Nhte'D. Weinstein, Esquire Attorney for Plaintiff I.D. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 $14.00 PQ A77-( C? 338 MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS i Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-5481 TR1NA GARCIA Defendant : CIVIL ACTION - LAW TO: Trina Garcia 65 Sunnyside Drive Carlisle PA 17015 DATE OF NOTICE: August 04, 2011 IMPORTANT NOTICE 143077 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 Burton NeiIX AsbUiates, P.C. By: Yale . Wein in Esqu' Attorney for inti o. 89678 IdentificatiotiO 1060 Andre rive, Suite 170 West ChestA 19380 In making this communication, we advise our office is a (610) 696-2 debt c ollector. 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 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Trina Garcia NO. 11-5481 Defendant : CIVIL ACTION -LAW Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on 814 ,l/ Prothonot By: j?,A- ep If you have any questions concerning the above, please contact: Yale D. Weinstein, Esquire Attorney for Parry 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.