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HomeMy WebLinkAbout08-01381"475258 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Qty' • 1-33, CC(.k't'o NOTICE OF APPEAL r led o. I tR 1(?>S- 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. NAME OF APPELLANT MAG. HST. NO. OR NAME OF D.J. LVNV Funding, LLC 09-1-03 ADDRESS OF APPELLANT CITY STATE ZIP CODE c/o A othaker & Associates P.C. 2417 Welsh Road Suite 21_#520 Philadelphia, PA 19114 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant) 12-11-07 LVNV Funding, LLC VS. r'sto her Castellani CLAIM NO. SIGNATURE OF APPELLANT His ATTORNEY O NT TA 20 CV-0000294-07 LT 20 This block will be signed ONLY when this notation is required under Pa. R.C.P.K.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy Da 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. 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.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 Enter rule upon Name of apps/lee(s) , appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To , appellee(s) Name of appellees) (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 JUDGEMENT OF NON PROS WILL BE 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 Deputy AOPC 312-8 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (this proof of service MUST BE FILED WITHIN FIVE (5) DAYS filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNYLVANIA COUNTY OF AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. , 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. ? 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 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 - Signature of affiam Signature of official before whom affidavit was made Title of official My commission expired on , 20 \I Y Ie, r"a N r rs t`? 1 J L. A . Q COMMONWEALTH OF PENNSYLVANIA COUNTY OF: 'CUlI®BRLAND Mag. Dist No:: ?? 09-1-03 i NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME an FLVNV F UNDING, LLC D. APO' ,*ER 2417 WELSH RD,ST8 21 # 2 LPHILADELPHIA, PA 19114 r J VS . DEFENDANT: NAME an - r CASTELLANI, CHRISTOPH 817 LEE COURT BNOLA PA 17025-1559 MDJ Name: Hon. RICHARD S. DOUGHERTY Address: 98 S ZKOLA DR ST8 1 ENOLA, PA Telephone: (717 ) 728-2805 17025 ATTORNEY FOR PLAINTIFF : APOTHAEER 8e ASSOCIATES, P.C. DAVID APOTHAEER 2417 WELSH RD STE 21 *520 PHILADELPHIA, PA 19114 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDG 39NT DEF. un o Judgment was entered for: (Name) CASTELLANI, CHRISTOPHER ® Judgment was entered against: (Name) LVNV FUNDING, LLC in the amo t f $ • 0 Defendants are jointly and severally liable. 1-1 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 $ .06 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 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. DEC 11 2007 r ? - Date Magisterial District Judge I certify that this is a true and co ect copy 5v-of te p edings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED: 12/11/07 1:26:00 PM L J Docket No.: CV-0000294-07 Date Filed: 10/01/07 (Date of Judgment)' 12/11/07 1 Our File No.: 115268 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff LVNV FUNDING LLC Plaintiff, vs. CHRISTOPHER CASTELLANI Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2008-00138 ) CERTIFICATION OF SERVICE I, David J. Apothaker, Esquire, attorney for Plaintiff, certify that on January 17, 2008, I mailed a copy of the Complaint by Regular mail to CHRISTOPHER CASTELLANI 817 LEE CT ENOLA, PA 17025-1559 Date: January 17, 2008 P David J. Apothaker, Esq. Attorney for Plaintiff `7' ::i: _a Our File No.: 41526-8 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. CHRISTOPHER CASTELLANI 817 LEE CT ENOLA, PA 17025-1559 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2008-00138 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 twenty (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 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a] partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 w APOTHAKE'2 & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. CHRISTOPHER CASTELLANI 817 LEE CT ENOLA, PA 17025-1559 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2008-00138 CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, LVNV FUNDING LLC, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is CHRISTOPHER CASTELLANI, an adult individual residing at 817 LEE CT ENOLA, PA 17025-1559. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiffs records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $1,404.80. 8.. Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is LOWE'S CREDIT CARD. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,404.80 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection (2?- BY: David J. Apothaker Dated: January 17, 2008 Our File No.: 115268 VERIFICATION David J. Apothaker, Esq. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. David J. pothaker Attorney for Plaintiff DATE: January 17, 2008 CHRISTOPHER CASTELLANI 817 LEE CT ENOLA, PA 17025-1559 STATEMENT OF ACCOUNT LVNV FUNDING LLC c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Debtor's Name: CHRISTOPHER CASTELLANI Account Number: C82222390477986 Original Creditor: LOWE'S CREDIT CARD Balance Due: $1,404.80 Our File No.: 115268 EXHIBIT "A" CID k jt, U.S. Postal Service,,.? CERTIFIED MAIL,,., RECEIPT D. Mail Only; No Insurance Coverage Provided) O M For deqvery information visit our website at www.usps.comD ul ..A Postage $ u-I Certified Fee r-1 O Return Receipt Fee O (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Required) U.S. Postal Service CERTIFIED MAIL,.., RECEIPT J[F(Dornesfic Mai/ Only; No Insnce Coverage provided) or delivery information visit eur we?_:._ _. "D Postage $ VI r1 Certified Fee Postmark C3 Return Receipt Fee O (Endorsement Required) Here C3 Restricted Delivery Fee E3 (Endorsement Required) Postmark Here C3 M1 r--- --j rq O N ° r- Christopher Castellani District Court 09-1-03 817 Lee Court 0 98 S Enola Dr. Ste. 1 ----`------°°------------------ Enola, PA 17025 j Enola, PA 17025 PROOF OF EEMROE OF NOTICE OF APPEAL AND RULE TO FILE: COMPLAINT (Phis proof of service MUST.BB FILED WITHIN FIVE (5) DAYS filing the notice of appeal Check applicable boxes) ' COMMONWEA COUNTY OF N L ss AFFIDAVIT. I hereby swear or affirm that I served ? a copy of the Notice of eal, Common leas aNga ©?/ (date of service) 20 by, nal irvi0 attached horeto, and upon t pellee,,(name) /'112 , 20 4 ? by personal service by certified) U0 fhe District Justice designated therein on e b (registered) mail, sender's receipt on (registered) mail, sender's receipt attachedhereto. ? 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 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN IRMED) ANDS SCRIBE BEFORE ME THIS DAY OF , 202& Signature of affiant Signature of official before whom affidavit was made me of official My commission expired on ,20 115268 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDG 1111 T COMMON PLEAS No. 3 81 NOTICE OF APPEAL l,•1ed 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. NAME OF APPELLANT I MAO. INST. NO OR NAME OF D.J. LVNV Funding, LLC 09-1-03 ADDRESS OF APPELLANT CITY STATE LP CODE c/o A othaker & Associates P.C. 2417 Welsh Road Suite 21_#520 Philadelphia, FA 19114 DATE OF JUDGMENT IN THE CASE OF F &h" (Defendant) 12-11-07 LVNV Funding, LLC vs. ir' to her Castellani CLAIM NO. SIGNATURE OF APPELLANT TTORNEY HT TA 20 CV-0000294-07 LT 20 Da A othaker, Esq. This block will be signed ONLY when this notation is required under Pa. R.C.P.K.P. 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. or PRAECIPE TO ENTER RULE TI (This section of form to be used ONLY when appellant was DE IF NOT USED, detach from copy of notice of appeal to be served PRAECIPE: To Prothonotary 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. E OMPLAINT AND RULE TO FILE {see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. appellee). Enter rule upon , appellee(s), to file a complaint in this appeal Name of Appellee(s) C°'} 3 (Common Pleas No. ) within twenty (20) days after service of rule or suffer., ry ofL%dgrriMt of non pros. .71? Signature of appe11e6 ' rhis aft~ or RULE: To appellee(s) Name of appe0ee(s) Z7 . (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty°( day"fter date of service of this rule upon you by personal service or by certified or registered mail. r°. .< (2) If you do not file a complaint within this time, a JUDGEMENT OF NON PROS WILL BE 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 Deputy