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Home My WebLink About04-3495NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is gh,e~ that the appellant has flied in the above Court of Comman Pleas an czpped from the judgment rendmed by the District Justice on the date ond in the cma me.doted bek~. Brian Robert Lobel 09-1-01 4 Elmhurst Rd. Camp Hill. PA 17070 cu~&/25/04~6 Commonwealth Financial w Brian Robert Lobel This block w/~ be s/gned ONLY when this no~'ation is m~:d b,..~. Po. K.C./~.r. ~-~G 1008B. This Notice of Appel, when received by the District Justice, will operate as a SUPERSEDE/kS to the judgment for possession in this cas~ Skjneture of Prot~y (w Deputy ff appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 (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 fon-n to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in act/on before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee), PRAECIPE: To Prothonotary Era~ nde upan Commonwealth Financial SYstems , oppe~ee(s), to Na~e of appelleef s) ICo~mon Pieos N~ ~/~ ~/~ ~ )w~thintwe~ty(2~daysafterses.v~f~uje~"s~f~r`"``e~t~try~f/~J/~dg~Tt~fnanpms~ :ULE: ToCommnnw¢alfh Winanoial .qy,qf~mR ,appe~s). (1) You om notified that a rule is hereby eflte~KI up¢~ you to file a complaint in ~ appeal within twenty (20) days after the date of .vice of this rule upon you by personal seevice or by ce~fied or registeeed mail (2) If you do not file a cornp~aint w;thin this time, a JUDC. M~NT O~ NON PROS WILL BE ENTERED AGAINST YOU. (3) The dale of service of this rule if servk:e was by mall is the date of mc~linG COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT (This proof o! servic~ ~,z~b'gT BE FILED W~TH!N ~£E'N , ~,.I ~ ,~ S A, ~ ~ ~? ,'~.,n:~,, ~he not~ce of ~£:,pea,: Check app!icabb boxes! COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: t hereby swear or affirm that I serveo ~ a copy el the Net~ce (date of serwce) ~ by pemonal servi~;c~ [] bt~ (certified} ~reglaered) rna~ sender's receigt attached hereto, and upon the appellee, (name~ on ~ by persona~ service ~j by (certified) ([egJstemd) ~'ai senders mceip~ at~acned hereto. ~ and far~hef that I served the Rule to Fib a Cemplaint accompanying ~he ~bove No~ice o~ Appea~ upor lh~ appellee(s) to whom the Rule was addressed on ~] b persons serv ce [~] by ce~tffed', ?egis~ered~ na~ senders rece{pt attached hereto SWORN (AFFIRMED) AND SUBSC[dBED BEFORE ME THIS pity OF COMMONWEALTH OF PENNSY \NIA COUNTY OF: CUM~E~ Mag Dist. NO.: 09-1-01 DJ Name: Hon. CHAR~S A. CLEMENT, OR. Address: 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA re~.pho.~(717) 774-5989 17070 BRIAN R. LOBEL 4 ELM~UKST ROAD CAMP HILL, PA 17011 T~S IS TO NO'~IFY YOU THAT: Judgment: E~ Judgment was entered for: (Name) Judgment was entered against: (Name) NOTICE 01, UDGMENT/TRANSCRIF CIVIL CASE PLAINTIFF: NAME and ADDRESS FCOMMONWEALTH FINANCIAL SYST~S IN~ 120 NORTH KEYSER AV SCRANTON, PA 18504 VS. DEFENDANT: NAME and ADDRESS FLOBEL, BRIAN ROBERT 4 ELMHT/RST ROAD CAMP HILL, PA 17011 Docket No.: CV- 0000259- 04 Date Filed: 5/26/04 DEFAULT JUDC-,N'I~N-T PLTF ~.('IMM(')h]W'~AT.TT.I' *I;'TNA'I%TO.T~.T, RY,CiqI'I;~4R T,~BF, T,, ~RTAN ROR~'R? in the amount of $ ~,4qq.04 on: (Date of Judgment) D Defendants are jointly and severally liable. ~-~ Damages will be assessed on: E~ 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 $ (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total $ 6,359.54 $ 133.50 $ .oo $ .oo $ 6,493.04 $ $ ANY PARTY NAa 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 DISTRICT JUSTICES, 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 DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERE$'(E~'I~I'TBE-,~DGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMEN~iBaTOR< PAYs IFI'~'ULT SETI'LES OR OTHERWISE COMPLIES WITH THE JUDGMENT. .-~ ' , JUN 2 5 200~ Date · ' " District OuCtice I certify that this is a true and correct copy of the record of the proceedings cont'hi8 ng the judgment. Date , District Justice My commission expires first Monday of January, 2008 . AOPC315-O3 DATE PRINTED: 6/28/04 5.'57=17 PM SEAL COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL : SYSTEMS, INC. : Plaintiff : No. 04-3495 Civil Term VS. BRIAN ROBERT LOBEL, Defendant CIVIL ACTION NOTICE ::~ ~ YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN ~ FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AETER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITI~N APPEARANCE PERSONALLY OR BY ATTORNEYS 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 NY 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 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717 ) 249- 3166 Alan R. IVl~'~q. Attorney ID No. 81288 Attorney for Plaintiff Law Offices of Alan R. M~ge, Esq. P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL : SYSTEMS, INC. : Plaintiff : No. 04-3495 Civil Term VS. CIVIL ACTION BRIAN ROBERT LOBEL, : Defendant : COMPLAINT 1. The Plaintiff is Commonwealth Financial Systems, Inc. ("CFSI"), a corporation with an address of 120 North Keyser Avenue, Scranton, PA 18504. 2. The Defendant is Brian Robert Lobel ("Lobel"), an individual with an address of 4 Elmhurst Road, Camp Hill, PA 17011. Count I - Breach of Contract 3. Defendant applied for and received a Discover Private Issue credit card, account number 6011-0026-9020-7519. 4. Use of the Discover Private Issue credit card was subject to the terms °f the Private Issue by Discover Cardmember Agreement ("Agreement"), a copy of which was sent to the Defendant along with the credit card. A tree and correct copy of the Agreement is attached hereto, made a part hereof and marked as Exhibit "A". 5. Defendant used the Discover Private Issue credit card acc°unt number 6011-0026- 9020-7519 for purchases, cash advances, and/or balance transfers. 6. Defendant was mailed account statements relative to his use of the Discover Private Issue credit card. 7. The Defendant has defaulted under the terms of th~ Agro~'n-~'nt by failing to make monthly payments as they became due and owing. 8. The within account was sold by Discover to Unifund CCR Partners ("Unifund") for valuable consideration and all rights under said account were assigned to Unifund, whereupon Unifund sold the within account for valuable consideration to Plaintiff CFSI and all rights under said account were assigned to CFSI. A true and correct copy of the Bill Of Sale are attached hereto, made a part hereof and marked as Exhibit "B". 9. Pursuant to the terms of the Agreement, Plaintiff, upon default in payment, may declare the entire unpaid balance immediately due and payable without notice or demand. 10. Pursuant to the terms of the Agreement, Defcmdant, is liable for interest on the unpaid balance. 11. Pursuant to the terms of the Agreement, Defendant, is liable for Plaintiff's court costs and reasonable attorneys fees. 12. As of July 22, 2004, the balance due and owing to Plaintiff from Defendant was $6,550.68. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $6,550.68 plus costs and interest at the rate of 19.99 % per annum from July 22, 2004 as well as reasonable attorneys fees of $2,161.73 and such other and further relief as the Court may deem just and appropriate. Count II - Account Stated 13. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 14. The within account was an account in writing and expressly or impliedly accepted by both parties. 15. The amounts due and owing to Plaintiff by Defendant are based on a subsisting debt and arise from a preexisting account or course of dealing between the parties. 16. This account is an Account Stated, thereby ,operating to foreclose any dispute over the amounts due. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $6,550.68 plus costs and interest at the rate of 19.99 % per annum from July 22, 2004 as well as reasonable attorneys fees of $2,161.73 and such other and further relief as the Court may deem just and appropriate. Count III - Quantum Meruit 17. plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 18. The services provided by Plaintiff, described above, were received by the Defendant, and the Defendant received and accepted the benefit of said services provided by Plaintiff. 19. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 20. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide the aforementioned services and incur damages. 21. At all time material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff fair and reasonable compensation. 22. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the value of the services described above and in the exhibits attached hereto, in the amount of $6,550.68 plus costs and interest from July 22, 2004. WHEREFORE, Plaintiff, requests judgment in i~:s favor and against the Defendant, in the amount of $6,550.68 plus costs and interest at the rate of' 19.99 % per annum from July 22, 2004 as well as reasonable attorneys fees of $2,161.73 and such other and further relief as the Court may deem just and appropriate. ~a~n R. Mege, ~re Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 4 · *' ~y DISC~fl~R CARDMEMBER AGREEMENT Account. It contalm fie ~ and comliUons of your/~¢aunt, some which may have change~ fi'em eadlm' materials ~ovided to yoe. In event of any diffm'~ces, Uli~ Agreement mall com~. We re~ your ~rtvac/, See t~e P~'acy SecUo~ on page 7 additional infomat~ The Atflltr~ of DIsi~te SecUoa on Page 9 Includes a waiver of numllm' of rlglCm, including the rigM la a ~ trial I'~LE OF CON'ENT~i Agreement Terms ......................................... Acceptanca of Agreement ...... · Use of Your Accoum... i ................... [~Use ......................................... Credit Urnlt.Avail~le Credit .................................. Promise to Pay ........................................... Minimum ~ ~ ........................ Credit Balances ..................................... Balance Tran~ ......................................... Finan C ,ge .... Perio¢~ Rnance Charga ,.. ' ............... Minimum P, nance (~ ................................. Pe~mecl Cl,,eck Fee: .............. RalaTI~ Pfivat~ Is.a~e Checl( Fee ............................. Lat~ Fee ........................ :.,.. ..................... Resea:fl Fee ............................................ (:~mlir~ F~e ............................................. Repta:enlent Ca l ...................................... De'ault-Accelmal~Callec~n Costs ........................... Cancella~ .............................................. Aullx~zatt~m ...... Chenge of Terms ............... ' A.8ofl e of Address ......................................... merit o~ Account ...................................... of DI.si~ms ...................................... Compliance ~ Interest Rat~ !Jm~tJa~s ..................... Govern n<j Law ........................................... 10 .] , J uniFund Unifund CCR Partners BILL OF SALE Unifund CCR Partners, for value received and in accordance with the terms of the Accounts Receivable Purchase Agreement by and among Unifund CCR Partners and Commonwealth Financial Systems, Inc. ("Purchaser"), dated as of December 30, 2003 (the "Agreemenf'), does hereby sell, assign and transfer to Purchaser all of its good and marketable title, free and clean of all liens, claims and encumbrances in and to the Accounts listed in the Account Schedule attached as Appendix A to the Agreement, without recourse and without representation or warranty of eollectibility, or otherwise, except to the extent stated in the Agreement. Executedon ' UNIFUND CCR PARTNERS By Credit Card Receivables Fund, Inc. Its Gcncral/~~ .. David Rose~b~rg President For Unifund Use ONLY Client # CID # VERIFICATION I, Patrieia Cobb, Esquire, of Commonwealth Financial Systems, Inc., Plaintiff herein, do hereby verify that I am the keeper of records of the Plaintiff in the foregoing civil action and that I am fully authorized to make this verification and that the facts set forth in the Complaint are true and correct to the best of my knowledge, information and belief. Verifier understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unswo:m falsification to authorities. Date: PATRICIA COBB CFSI File No. /f.f/?~'~e COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. No. 04-3495 Civil Term CIVIL ACTION BRIAN ROBERT LOBEL, Defendant C.__ERTIFICATE OF SERVIC_E_ I, Alan R. M~ge, Esquire, hereby certify that on August 10, 2004, a true and correct copy of Plaintiff's Complaint was sent to the Defendant via regular and certified mail, postage prepaid at 4 Elmhurst Road, Camp Hill, PA 17011. Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff BRIAN ROBERT LOBEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION'- LAW : : NO. 04-3495 CIVIL TERM _AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERD, kND AND NOW, this 30th day of August, 2004, I, Richard R. Gan, Esquire, attorney for Brian Lobel, Defendant, in the above, captioned action, hereby swear that I have served a true copy of the Morion for Appeal, executed by the Defendant in the above-captioned matter, npon District Justice Charles Clement, Jr. by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested. The original return receipt card signed by L. Frank on Jnly 21, 2004 indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. Dated: / LAW OFFICES OF PAUL BRADFORD ORR Attorney for Defendant 50 East High Street Carlisle, PA 17013 (717) 258-8558 EXHIBIT "A" COMMONWEALTH FINANCIAL SYSTEMS, INC., Plaintiff BRIAN ROBERT LOBEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 04-3495 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 30th day of Angust, 2004, I, Richard R. Gan, Esquire, attorney for Brian Lobel, Defendant, in the above-captioned action, hereby swear that I have served a true copy of the Motion for Appeal, executed by the Defendant in the above-captioned matter, upon the Plaintiffby depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested. Tihe original return receipt card signed by C. McGurgan on July 22, 2004 indicating service was effected, is marked Exhibit "A', attached hereto and made a part hereof. Dated: LAW OFFICES OF PAUL BRADFORD ORR Attorney for Defendant 50 East High Street Carlisle, PA 1 ;7013 (717) 258-8558 EXHIBIT "A" COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. BRIAN ROBERT LOBEL, Defendant No. 04-3495 Civil Term CIVIL ACTION PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: You are hereby authorized, empowered, and directed to enter the following on the records thereof against Defendant Brian Robert Lobel: The within suit is Settled, Discontinued, Ended with costs paid. XXX The within suit is Settled, Discontinued, Ended WITH Prejudiice and costs paid. The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid. Satisfaction of the Award in the within suit is acknowledged. Satisfaction of Judgment, with interest and costs, in the within matter is acknowledged. Other: WITNESS (if signer is other than a registered attorney): Attorney or Notary 'g ~- e of Aut~g Party Alan R. M~.qe, Esq Type or print name of above signer COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL CO~I'S HAVE BEEN INCLUDING SHERIFF'S COSTS; AND Ht:~,-bY VERIFY THAT ALL COSTS HAVE BEEN PAID. I UNDERSTAND THAT FA[_ STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA C.S. ,~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. .6'~inatu re ~