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Home My WebLink About06-2995 COM_WEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland JUDICIAL DISTRICT IT I NOTICE OF APPEAL FROM 5/;)'l//~ DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0L.0 - ;;(99-5' ell It ~/2..~ 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 mentioned below. NAMIl a.. ....,.,.IlLi,.....NT Midland Funding LLC MAt)~!.!l~'lOI1 ""AMIl 0.. D.J. ADDII... 0.. ........"LANT 8875 Aero Drive, San Diego, CA "::ITY STAT. ZIP CODIl o47t4!ODCMIlNT IN THIl C..... 0" /Plaiftllffl Midland Funding LLC John De""S'lttI'to Jr CLAIM NO. CV-123-06 TA 20 LT 20 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate a SUPERSEDEAS to the judgment for possession in this case. If appellant was Claimant (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his 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 ONL Y when appellant was DEFENDANT (see Pa. R.C.P.J.P. 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 (Common Pleas No. Name of appelleefs) ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ,appellee(s), to file a complaint in this appeal Enter rule upon Signature of appellllnt or his attorney or agent RULE: To Name of appelleefs) . 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 WI LL 8E ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: 20 Signature of Prothonotary or Otlputy AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY , , .... -J , PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT IThis proof of service MUST BE FILED WfTHIN FIVE (5) DA YS AFTER filing the notice of appeal. Check appliCable boxes) COMMONW~ALTH OF PENNSYLVANIA COUNTY OF ; 55 AFFIDAVIT: I hereby swear or affirm that I served D a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on Idate of servfee) , 20 0 by personal SlOrvice 0 by (certified) (registered) mail. sender's receipt attached hereto, and upon the appellee, (name) , on , 20~ 0 by personal service D by (certified) (registered) mail, sender's receipt attached hereto. o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 20 0 by personai service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of 'Wffmnt Signature of official before whom affidavit was made Title of official My commission expires on ,20_ A:J (:) {Q tt- \ U( ~ ....... tv ?v ~ f0 ~ ~ p:! ~ " D- ~ ~ ~ o ~ ~:r c ~ .:;1 "" = = a- ::1l: ~" -,;;.:: o " ~., ltlr_ "'[II :PT '?L} :)1- .=--H ~.2("') 15m .-,,1 55 '-< N r- ".. ::JJ: 9 .r:- +' .~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUllBBIlLAJID \ Mag. Dist. No.: 09-1-0L MDJ Name: Hon t"II:t.DT.1!:S A. CLBIDDIT, J1l Addee", 4 0 0 BRIDGB ST OLDB TOWRB CONKORS -SUITB 3 RBW CUllBBRLARD, PA Telepho,e (717) 774-5989 17070 KIDLARD PURDIRG LLC 1060 ARDRBW DR APT/STB 170 C/O BUIlTOR "IL . ASSOC WEST CHESTBR, PA 19380 THIS IS TO NOTIFY YOU THAT: Judgment: NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'MIDLAJID PURDIRG LLC ., 1060 ARDRBW DR APT/STE 170 C/O BUIlTOR "IL . ASSOC i!'BST CBBSTD, PA 19380 -.J VS. DEFENDANT: IDB SARTO J1l, JOB 1814 CBATBAK DRIVE CAMP HILL, PA 17011 L NAME and ADDRESS ., -.J . Docket No.: CV-0000123-06 Date Filed: 3/14/06 Judgment was entered for: (Name) POll DEPI!9IDAlII'I' n'R aa.....n .TV I .Tn'IIW [i] [i] Judgment was entered against: (Name) in the amount of $ 00 on: IITnT.:aun lPDIIDTWa '.TI~ (Date of Judgment) 4/24/01; . D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. D Amount of Judgment Subject to Attachment/42 Pa.C.S. 9 8127 $ o Portion of Judgment for physical damages arising out of residential iease $ (Date & Time) Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MA If BE ISSUED BY TH,E.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 J);/DGMENTDEBTOR PAYS IN FULL, SETTLES, OR OTHERWiSE COMPLIES WITH THE JUDGMENT. APR 2 It 2006 Date .~- , Magisterial District Judge Date I certify that this is a true and correct copy of the record of the proce~dings containing the judgment , Magisteriai District Judge My commission expires first Monday of January, 2008 . Aope 315.05 DATB PRIRTED: 4/24/06 SEAL 5:10:42 PH m ~ RECEIPT Coverage Provided} " " o ./e " .1.:', '. _-1 Postmark He.. c:::J Remriclec i: 3:jl' 'I' U1 (EndOfSl]m,~,! 11; 1: .-'l m S,)&.VLf Total F'OS~il N 1 I ~ ru CI CI l'- ~ l :'.., .i; ~L ru ; .\ " ~>\) C1(E< CI R, "'(& .-'I m P:l )1 (TillS p, JC' ;C' ;r:HVICE OF NOTICE OF APPEAL ~ r BE FILED WITHIN F/VE (5/ DA YS AFT! COMMONWEA L T/" ~ f b-l:rI.J:, .; L., ,l\NIA , t\;.r{,# '- ,> ~L-- . \.. L,'._ ____ ;ss COUNTY OF _____ ~""~ , , ) ';~a'l€li .j; reo r" p :ti"o(J f, ':J;,'ed) ii"-l'Fee n. -'ir,~d) Paslmwk He.. '1\ ;~ ,': FOnes 5.J4.0lf 'j RULE TO FILE COMPLAINT I tile notice of appeal. Check applicdble boxes) AFFIDAVIT. I ,,' ""If Dr affirm that I served M ;; c:' \ (If t ',;CI'ir:el9i At~F~I, Common Pleas Np. O~ '-,2 ~~f, th istrict Justice designated therein on ~ {da'If!) ~1"',' :) __::>, Olft I Ul(,"20 ' , 0 by. :I~, J';, I servic trV AceilLGed_lwgistered) mail, sender's WC"'I_ 'l,a:\1 ,'J E eta. and upon the appeilee, tnamelr:sl:h:; I., U ~(f(),1 Uu fL.' ,on ._~._.~' '..:1:',,~{ __' 20k 0 by personal service r by (', r'i'dl (registered) mail, sender's receipt attached'hereto. I-I and 1 \ r ')wl ]- \ sdrved the Rule to File a Complaint accom~ 'I i ill!' the above Notice of Appeal upon the appellee(sj to Wl0-" tiE F, Vl.',':IS addressed on 120_ [J b ersonal service 0 by (certified) (registered) rr, :Iii, e Ie I~' i"eC,'I\ipt attached hereto. SWORN ~AFFIF:'Ai:I I ,o,~ l;;l""B,SCRIBED BEFOREG,ME ~:;~\jl:'~'i:,,;':):~~;1O . Signature official ')e/:, 1 ,,'/ ,)( '/idaV'u was mC'Jde f.J:J:<.i::.. L .)",)",l:.s Title of official \ My commission "JI";Il' lc.:j~, 2oL. NOWlW. SfAI. I.WISHA.A. fUNIl NoIary PImIc WEll CMESlElIOllOUGlIl, atIS1EltCClUNlY My 0oll"-' '''I bpM Jul14, 20lll , I~ (") ~-;;; ':-;-.. -ocr:: m{,' i~}:," ~ t~? ~~~~ :;:;.: ::;! Signature of affiant ,..., = = ""' % :l:>' -< c..> o -n ~-r'\ r-n~ -orn .'J'1' -3 C) :...,,--., 1.--e"\ ;~~(~ ""'.In. S ~ -<::J % <.f! U1 &" ," COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CU1Ilber land JUDICIAL DISTRICT ,.", ,,.. ,. NOTICE 0'" ADDEA'- FFIOM 5/~l/ldD DISTRICT JUSTICE .JUDGMENT COMMON PLEI\!:~~~:)k,::::..d99J'; (!fOlL~ "'I NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of 9ommon Pleas an appe;~l fr,)m tl"e judgment rendered by the District Justice on the date and in the case mentioned below. ...DQ..... 0" ........,,1....,.'" ':ITY _~=J~:.(J~:~:.bf..m 0.0.'- .1"'T& NAllfe Dr "~,..L.I..A"T Midland Funding LLC ZI" C:ODK 8875 Aero Drive. San Diego. CA S,GI\lATU". 0.. /\ f' 331m r.~"'~ax;,to Jr YO. om .~ i mo..." 0:":' / ~~ -~ DA,..- (I" luCtGMa",,. 4/24/06 IN T)tK C....IE 0". /PM/nlJ1f) Midland Funding LLC ca......'" "0. TA 20 LT 20 CV-123-06 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate a SUPERSEDEAS to the judgment for possession in this case. II' appe/l.nt was Claimant lsee Pa. R.C.P.J.P. No. 1001/'6) in i,ction before District Justice~ he MI/ST FILE )\ COMPLAINT witJrin twenty (20) days after filinB' his NOTICE of APPEAL. Signature of Prothonotary Of Deputy "Pt:lA~CIPE TO ENTER ijULE 1'0 FILE COMI'LA,j;JT AND RULE TO FILE (This section of form to be used ONL Y when appe/lant was DEFENDANTIse,fPa. R.C.P.J.P.' No. 1001171 in action before District Justice. IF NOT USED, detach.from cqpY, of notiCe of-appeal to be served upon appe/leeJ.' PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. Name of appelfee{s) ) within twenty (20) days after s"rvice of rule or suffer entry of judgment of non pros. _, appellee{s), to file a complaint in this appeal .~ign~(Uti of 8Pf)6/Jant Of hi~attci(nflY or lffJ<<nt RULE: To Name of appellee(sJ , 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\>ls afler the date of service of this rule upon you by personal service or by certified or registered mail. :;;, (~) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE l:NTERED AGAINST YOU. // (~) The date of service of this rule if service was by maii is the date of mailing. J Date: ,.,......... ,20 - .1A!Il. .....A 1\1_..,.", of Pre :lilI~ vlIlIoM 'IlI4UQ:) llII8IO .1IilUOIOI.........lUW IllOS ..,,"'........ . . "".lIO '1M onat.ry or Deput~ --. - --- ".-.." COURT FILE t .... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . MIDLAND FUNDING LLC, Plaintiff, v. No.: 06-2995 - Civil Term JOHN DE SANTO, JR., Defendant. CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW COMES, Defendant, John DeSanto, Jr., and files this Answer to Plaintiff's Complaint and in support thereof hereby states the following: 1. Admitted. 2. Admitted. 3. Denied. It is specifically Denied that Defendant received an Aspire Visa bearing the account number of 4146850000416714 and strict proof of same is demanded. 4. Denied. It is specifically Denied that Defendant made a purchase, balance transfer and/or cash advance and strict proof of same is demanded. 5. Denied. It is specifically Denied that monthly statements detailing charges and credits were sent to Defendant and strict proof of same is demanded. 6. Denied. By way of further response, Defendant does not have sufficient knowledge to form a belief of the account balance. 7. Admitted in part and Denied in part. It is Admitted only that Defendant did not pay the credit card balance and/or make monthly payments. It is specifically c _ Denied that Defendant received monthly billing statements and strict proof of same is demanded. 8. Denied. By way of further response, Defendant does not have sufficient' . knowledge to fonn a belief that Midland Funding LLC purchased the account from Aspire Visa. 9. Admitted. It is Admitted only that Plaintiff has demanded payment from Defendant. WHEREFORE, Defendant prays this Honorable Court enter judgment in favor of Defendant and against Plaintiff. Respectfully submitted, Date: ~"'j\) to:> cI..:> By: 11 ohn DeSanto, r. 14 Chatham rive Camp Hill, P A 17011 Defendant Pro Se 2 " ... . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Defendant's Answer to Plaintiffs Complaint was served via first-class, United States mail, postage prepaid, upon the following counselor of record: Yale D. Weinstein, Esquire BURTON NEIL & ASSOCIATES, P .C. r 060 Andrew Drive, Suite 170 West Chester, PA 19380 Dated: ~ ~~ 0<:.0 By: .' 0 ....., 0 = C C;:J -n o~ I~- ; '-- -I -r;- c:.: :r: .....n [1) " ...,- rnr= I '"'?~ '-0 ~ :.~ 2~~:~ . "" ,~~ - :'~~ C) 0:> -::5ITI ,-~l )> "" ~ \.0 . - t MIDb\ND FUNDING LLC Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-2995 Civil JOHN DE SANTO JR Defendant : CNIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA SS COUNTY OF CHESTER Yale D. Weinstein, ESQUIRE, being duly sworn according to law, deposes and says: 1. That he is attorney for Plaintiff in the above captioned action in the Cumberland County Court of Common Pleas; 2. That on May 26,2006 he served Plaintiff's complaint on Defendant by certified mail, return receipt requested; 3. That attached hereto marked Exhibit 1 and incorporated herein by reference is a true and correct copy of the return receipt card; 4. That this Affidavit is made subject to the penalties falsification to DATED: ( In making this communication, we advise that this office is a debt collector. . t SENDER: COr,1PLETE IN/S SECTION · Comp/efe items 1, 2, and 3. Also COmplete item 4 If Restricted ~ Is d8Sir&d. · Print YDur name and lIddress on the reverse so that we can retum the C8ItI to YOU. · Attach this C8rd to the bacJc: of the mailPhlce, or on the front If SPace P&nnlts. 1. ArtIcle AdcIressed to: , dvhn ft-So.1 tvJil. I ~H C hllthcVl1 Df1/f. CC(rtJp +Ii III f It-'tm 2. ArtICle Number fThlnstertrwnSlWWceIBbel) PS Form 3811, Febru8l)t 2004 = 7002 Domestic Rerum RElCeJpt 11l2S95-02'M-lf COt. 'P!.E ""Hi', WeriO:, (W DE UVE/IV --- A (e ; ----:' : ~ "'...... i (-"'''-~'\ -.' -' S. R VlId by ( Prtnteci Name) o~ OAe C. Date of -. fc O. Is delIIIery 8ddI8ss dIIrerant from Item 1? 0 Yel: If YES, Ilt1ter delivery ~ below: 0 ND ?iJf!j 3'~~rYPe CertItied ~ ~ Mall ~ ja.,Retun, ReceIpt for MllrChan o '1'I8unId Mall 0 C.O.D. 4. R8Strtcted DetIveiy? (EXf1a Fee) 0 Yes 3150 0002 2630 3543 _ ... '" r:.:::;:; c.::.> c:-, o ,1 --;-i rli :::!J [~ -C N :''J r, C) c,::, 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. JOHN DE SANTO JR Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2995 Civil CIVIL ACTION -LAW Statement of Intention to Proceed To the Court: Plaintiff, Midland Funding LLC, intends to proceed with the above captioned matter. Associates, P.C. Date: September 1, 2009 Weinstein, Esquire for Plaintiff In making this communication, we advise our firm is a debt collector. ~~ OF ~ , ~ ~~+V~TARY 2~~9 SAP - 4 PN 3~ 0 2 CUM~.~~~~~ ~~Ui~l1'Y i~1f~SY1.11,~