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Home My WebLink About09-2806 VUMMVNWEAL 1 h VP PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT //-- COMMON PLEAS No. 6 R- z V 0& Gfrr, 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. NAME OF APPELLANT MAG. DIST. No. OF D.J. GRAY L-- 7?4c <saw ^ C,9-/-D3 1c4A" S ?o?GH??er-y ADDRESS OF APPELLANT CITY STATE ZIP C?ODE 10::5?ys SToN€ brt . 'e '0 A DATE OF EC wle--o.. G 1 70 Co J DGME IN THE CASE OF (Rains l) (De/endant)' z 0 9 L Vi?/v ?40,iv6-" LLC. v. :rArlecow G L G V-6) 0040 3G S'-a8' This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. 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. in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Sly W- of Prdhonaery ar 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 VNV r v Nr)l AIG. LLC appellee(s), to file a complaint in this appeal Name o appellaaw (Common Pleas No. 091- 0"'06 /"within twenty (20) days after service of rule or suffer entry of judgment of non pros. 00, natwe of appellant or attorney or agent 41, RULE: To L V/IV )r-/AlbHlG LL[ appellees) 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. -y--r p Date: , 20 Q CJ !S/ ?GGt?•?- ?. ??I,,.i -V r , Signature of P ary or De'uty '9 YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 NOTICE OF APPEAL 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 w- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service RUST 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 U ') h T .C -Vj s? IV/ o Z .8 WV S= Ow 6002 1+ rs ?; I -%:.Id 31 i Jai 3 j,X-r 0D- 0313 •COMMONWEALTH OF PENNSYLVANIA C:nl INTY nF• CMMZt_ *JM Mag. Dist. No.: 09-1-03 MDJ Name: Hon. RICSA>RD S. DOUGBERTY Address: 9 8 S ENOLA DR STE 1 ENOLA, PA Telephone: (717 ) 728-2805 17025 GARY L. JACKSON 24 FIELD STONE DR MECHANICSBURG, PA 17050 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r ? LVNV FUMING, LLC 1729 PITTSTON AVENUE EDWIN ABRAR MSEN is ASSOC LSCZtANTON, PA 18505 J VS. DEFENDANT: NAME and ADDRESS rJACKSON GARY L , 24 FIELD STONE DR MECHANICSBURG, PA 17050 L J Docket No.: CV-0000365-08 Date Filed: 10/28/08 THIS IS TO NOTIFY YOU THAT: -- Judgment: DZPAULT JUDfiMEM117 PLTF (Date of Judgment) 4/21/09 ® Judgment was entered for: (Name) LVNV FUNDING, LLC Fx1 Judgment was entered against: (Name) JACKSON, GARY L in the amount of $ 3,373.3.4 F -1 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. F1 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 Judgment Costs Interest on Judgment Attorney Fees Total $ 3,174.04 $ 199.15 $ .00 $ • $ 3,373.14 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 REOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. APR 2 1 LUUy Date A I certify that this is a true and co Date copy of t?? of My commission expires first Monday of January, 2012, _ , Magisterial District Ju containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 nAyrN PgTNTRDt 4/21/09 10:44x00 AM • Postal CERTIFIED MAIL,. RE CEIPT • D MAI 1 L RECEIPT M insurance pw?tjc Mail Only, No Coverage Provided) C3 Er (Domestic Mail Only; No I nsurance Coverage Provided) , C3 F d li O _ or e very information visit our " u I Postage $ u7 nJ hostage $ -7/ C:wtitied Fee e Certified Fee tt p IU C3 Return Receipt Fee (Endorsement Required) C3 Pos Her B ? ry L ? O C3 C3 Return Receipt Fee (Endorsement Required) , ?P, ^tl1e J Q 1 ? C3 Restricted Delivery Fee (Endorsement Required) 4 r ` p Restricted Delivery Fee (Endorsement Required) ?L> / C3 ` M M rU Total Postage & Fees n..t m Total Postage & Fees $ .r Sq M Tent TO co p ent To -V/v//. ---- N i - f°--------•------------- --•------•- Sheet. Apt: N. 1-72-9 r?T - ?( or PO Box No. s' (?- .. CO C3 p N L •4vt freer, ApCNo:i 9? Py ---°--......... or PO Box No. /._Q._.................. E? •::....V ?? ...... --_?.. .. City State ZI15+4 Y, State, :F1P+4 Wt• v { /?/L4 yygrvS? nr ^r d Sa G ?d / G ?J 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 ?w,,gsjt 4.4,,,,D ; ss AFFIDAVIT: I hereby (swear) (affirm) that l served { a copy of the Notice of Appeal, Common Pleas j f upon the District Justice designated therein on (date of service) -A , 20 v 9 ? by personal service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) L VA"V 1-' A/At,^ 6• LLC , on I' Y` j4-7 r 20 o_ ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. Title of of al My commission dxpires-an BEFOE ,20 Signature of ~t • , s . COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. U,61-.2. r D fo t h+ # 1 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. .•?* MAU. GIST. NO. Xe- F D.J . UA' 44? SAN 04? 14 AA . ?, ADDRESS OF E T CITY /? STATE ZIP CODE L,% S7-"Z bot. /?t IIiFAN/cf 8?? * ig / 7 Q S"o DATE OF DGME 7 IN THE CASE OF ( fltl) (DehndenQ• z 1 a 9 L vd le '.Vl.?rrvFr L.. t,.G, AC a? GA?R L DOCKET ,?+1o SIGNATURE OF OR ATTORNEY AGENT This block will be signed ONLY when this notation is required under Pa. If appeilent WAR Claima see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.M.I. 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. Stmit a of Pm Moratery or Deputy j 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 1,, ?/,/V ? ,?/??NGI-,(?? appellee(s), to, file a complaint in this appeal Name orappeyee(s) (Common Pleas No. ®91 .. d"''o 6 C p t; Jwithin twenty (20) days after service of rule or suffer entry of judgment of non pros. Oak" ?! Ofappwttantoraftmey or owl RULE: To 1t tt.,. MVO A;4Cw LLC; , appellee(s) Name of SA"fts(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 d ?s?I ?? .?f f A- Signature of ry or Deputy YOU MUST iNCLUpE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC 15 South Main Street CIVIL ACTION Greenville, SC 29601 Plaintiff 0q- a8a(o vs. GARY L JACKSON 24 FIELD STONE DR Mechanicsburg PA 17050 : N 8 Defendant 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 LVNV FUNDING LLC 15 South Main Street CIVIL ACTION Greenville, SC 29601 Plaintiff vs. GARY L JACKSON NO: CV-365-08 24 FIELD STONE DR Mechanicsburg PA 17050 Defendant COMPLAINT Plaintiff, LVNV FUNDING LLC, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, LVNV FUNDING LLC, (hereinafter "Plaintiff") is a Delaware corporation with a principal place of business located at 15 South Main Street Greenville, SC 29601. 2. The Defendant GARY L JACKSON (hereinafter "Defendant") is an adult individual residing at 24 FIELD STONE DR Mechanicsburg PA 17050. 3. At all relevant times herein, Plaintiff was engaged in the business of debt pruchase and collection. 4. Defendant applied for and received a credit card issued by Plaintiff with the account number 4480868472432. 5. Use of the LVNV FUNDING credit card was subject to the terms and conditions of C3 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 SEARS, and will be provided upon receipt. 6. Defendant used the LVNV FUNDING credit card with account number, 4480868472432, 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. 7. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 9. The account became delinquent on March 6, 2005. 10. The principal amount was $$2,686.72 at the time of charge-off. 11. Pursuant to the account agreement, any unpaid balance accrues interest at the contract rate of 6%. 12. The principal amount was $2,686.72 at the time it was received by Plaintiff. 13. The total amount due and owing the Plaintiff including interest, is $3,385.14. 14. Pursuant to the terms of the Agreement, Defendant is liable for Plaintiffs court costs and reasonable attorney's fees. J WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $3,385.14 plus costs of suit and any other relief as the Court deems just and appropriate. Rgof*ctfully submitted, H#Girf?A. Abrahfa Assoc. Michael F. Ratcquire Heather K. Wo quire Attorney I.D. 5/2078( 1729 Pittsto A Scranton, P 8505 mratchford@eaa-law.com hwoodruff@eaa-law.com .? VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff,LVNV 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. TI, CvJi I?Yi! ?y 1: J3 LVNC FUNDING LLC Plaintiff V. GARY JACKSON Defendant. :COURT OF COMMON PLEAS :CUMBERLAND COUNTY :Docket No. 09-2806-CIVIL PRELIMINARY OBJECTIONS FILED BY DEFENDANT AND NOW COMES Defendant, by and through counsel, Lawrence J. Rosen, Esquire and files these Preliminary Objections pursuant to Pa.R.C.P. 1019, Pa.R.C.P. 1024, and 'the following: 1. INTRODUCTION 1. Plaintiff commenced the above-captioned action in this Honorable Court by filing a civil Complaint on or about May 4, 2009. 2. Plaintiff seeks damages pursuant to a credit card agreement. However, a complete copy of the signed contract is not attached to the Complaint. 3. Plaintiff disputes the alleged debt as he has no record of ever having an LVN V credit card. 4. Plaintiff demands the amount of $3,385.14 which includes Plaintiff's calculation of interest. Plaintiff also seeks reasonable attorney's fees and costs. which includes interest, fees and costs. 5. The alleged consumer debt in question involves a credit card agreement between Defendant and some unidentified third party. (Hereinafter Agreement) 6. There is no copy of the Agreement, executed by Defendant, attached to Plaintiff's Agreement. 7. Plaintiff has failed to provide documentation as to the last payment made by Defendant t and Defendant believes that this action is time barred. 8. Pennsylvania Law requires that Plaintiff have a valid assignment of the alleged debt prior to having authority to collect same. 18 Pa.C.S. Section 731l(a)(1)and(2) 9. Pennsylvania law requires Plaintiff to have proper documentation in order to collect interest, fees and/or costs. 18 Pa.C.S. Section 7311)b)(1). 10. Plaintiff has filed to attach any written document(s) to its Complaint that would show it has authority to collect interest, fees and/or costs. 11. Plaintiff has failed to afford Defendant the opportunity to dispute the alleged debt in violation of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692 et seq. 12. Plaintiff s Complaint is likely time barred as Plaintiff has no current debts that are past due. 13. Plaintiff has failed to afford Defendant any rights in the collection of the alleged debt, pursuant to 15 U.S.C. Section 1692 et seq., as well as the Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. Section 2270 et seq. 14. Plaintiff s Complaint should be dismissed because Plaintiff s Complaint is biased on various written documents, not attached to the Complaint. 15. Plaintiff s Complaint fails to conform to Pa. R.C.P. 1024 16. Plaintiff s Complaint fails to conform to Pa.R.C.P. 1019 17. Plaintiff failed to provide sufficient information to verify its Complaint. 18. Damages alleged by Plaintiff are inaccurate and unlawful and not owed by the Defendant because Plaintiff suffered no ascertainable loss of money or property. 19. Plaintiff has no standing to bring this Action. 20. Plaintiff is not entitled to recover counsel fees and costs. 21. Plaintiff is time barred from bringing this action. 22. Defendant demands that Plaintiff provide proof as to how the alleged debt was calculated. WHEREFORE, Defendant respectfully requests that Your Honorable Courvdismiss Plaintiff's Complaint with prejudice. Respectfully submitted, Krevsky & Rosen, P.C. 6 ? b? By: awr ce J. Rosen, Esquire A1 North Front Street Harrisburg, PA 17102 Telephone 717-234-4583 Fax 717-234-3650 ID# 10625 Email: lrosen@krevskyandroseh.com f IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC, Plaintiff :Docket No. 090-2806 V. GARY L. JACKSON, : CIVIL - AT LAW Defendant Certificate of Service: I Lawrence J. Rosen, Esquire, hereby certify that a true and correct copy of the foregoing was served on Michael Ratchford, Esquire, counsel for Plaintiff by first class mail on Monday, June 8, 2009, as follows: Mailed to: Edwin A. Abrahamsen & Associates Attention: Michael F. Ratchford, Esquire 1729 Pittston, Avenue Scranton, PA 18505 Dated: 6/8/2009 By: ' 6-4-' gisburg, osen, Esquire ront Street a 17102 ID# 10625 (717) 234-4583 FILED-OFi-ICE OF THE E ;OT`r"NOTARY 2009 JUN 12 Pf i 2; 13 LVNV FUNDING LLC In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Plaintiff Civil Division vs. NO: 09-2806-CIVIL -4n C r., ra < "T7 GARY L JACKSON Praecipe to Withdraw Civil Comp °' ! z " r7l rn Defendant cnr 7-06 • a XF3 ca ? --f w PRAECIPE TO WITHDRAW To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Withdraw the Civil Complaint. Thank you, Michael F. Ratchford, hamse Edwin A. AbZ6285, Lawyer ID # 120 N. Keyser enu Scranton, PA 504 P.C. yy Subscribed before me this 1 5 day of - E)eer?rylb-B'L?0 Not ublic ICONE ublic =SCRANTON SEAL KAWANN 2 CZU TY pires Ap IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC Plaintiff vs. GARY L JACKSON Defendant CIVIL DIVISION NO: 09-2806-CIVIL CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served a copy of the Praecipe to Withdraw in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: Lawrence J. Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102 Date: December 1, 2010 Edwin A. Abrahamsen & Associates, P.C. By: Michael F. Ratchford, Esquire Attorney I.D. No.: 86285 120 N. Keyser Avenue Scranton, PA 18504 (570) 558-5510