HomeMy WebLinkAbout11-5637COMMONWEALTH OF PENNSYLVANIA J (tD,'7C?4..JI.,J
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of CUMBERLAND FROM
I MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No.// ,S-cp 3 u J '
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 Magisterial District
Judge on the date and in the case referenced below.
NAME OF APPELLANT MAG. DIST. NO NAMt OF Mug
LVNV FUNDING, LLC 09-2-02 HONORABLE JESSICA BREWBAKER
ADDRESS OF APPELLANT CITY STATE ZIP CODE
15 S. MAIN ST GREENVILLE SC 29601
DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)'
6/13/11 LVNV FUNDING, LLC 5 JASON A. GR SS
DOCKET No. SIGNA OF APP NT OR ATT EY OR T
CV-67-11
This block will be signed ONLY when this notation is required under a. If appufliant aSrC (see Pa. R.
R.C.P.D.J. No. 10088. ?y
This Notice of Appeal, when received by the Magisterial District Jud e, will before a M gisterial District Judge, A
operate as a SUPERSEDEAS to the judgment for possession in this case. within
(20) days after filing the NOTICE of AF,
Signature of Prothonotary or Deputy
action
MUST BE FILED
twenty
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 Magisterial District
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
Name of appellee(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 attomey or agent
RULE: To
Name of appellee (s)
, 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.
Date: 20
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-05
FUD-OFFICE
OF THE PROTHONOTAR`:
2011 JUL 13 AM 11: 54
CU PENNSYLVA A T'
C
('t /
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ-09-2-02
MDJ Name: Honorable Jessica Brewbaker
Address: 18 North Hanover Street, Suite 106
Carlisle, PA 17013
Telephone: 717-240-6564
Lvnv Funding Llc
C/O Edwin A. Abrahamsen & Associates, P.C.
120 North Keyser Ave
Scranton, PA 18504
Disposition Summary
Docket No Plaintiff Defendant
MJ-09202-CV-0000067-2011 Lvnv Funding Llc Jason A Gross
Lvnv Funding LIc
V.
Jason A Gross
Docket No: MJ-09202-CV-0000067-2011
Case Filed: 4/27/2011
Disposition Disposition Date
Judgment for Defendant 06113/2011
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
JUDGMENTITRANSCRIPT 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.
Date Magisterial District Judge Jessica Brewbaker
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge Jessica Brewbaker
MDJS 315
Page 1 of 1
Printed: 06/13/2011 2:32:28PM
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PROS FF?C,?
I' HONOT4,?v
?0ll JUL 13 AM l/: 54
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LVNV Funding LLC
15 South Main Street
Greenville, SC 29601
CIVIL ACTION
Plaintiff :
vs.
Jason A Gross
80 E POMFRET ST APT 1
CARLISLE PA 17013
Defendant
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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.
NO:
Jason A Gross
80 E POMFRET ST APT 1
CARLISLE PA 17013
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 Jason A Gross (hereinafter "Defendant") is an adult
individual residing at 80 E POMFRET ST APT 1 CARLISLE PA 17013.
3. At all relevant times herein, Plaintiff was engaged in the business of debt
purchase and collection.
4. Defendant applied for and received a credit card issued by Capital One with
the account number 4862362426575661.
5. The within account was sold by Capital One to LVNV Funding LLC for
valuable consideration and all rights under said accounts were assigned to LVNV Funding
LLC.
6. Use of the Capital One credit card was subject to the terms and conditions of
the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent along to
the Defendant with the credit card. (See, Cardmember Agreement attached hereto as
Exhibit "A".)
7. Defendant used the Capital One credit card with account number,
4862362426575661, 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.
The Defendant was mailed monthly account statements relative to the
Defendant's use of the subject credit card.
9. The Defendant defaulted under the terms of the Agreement by failing and
refusing to make monthly payments on the account as they became due.
10. The Defendant last made payment on August 11, 2007.
11. The principal amount was $$1,058.72 at the time of charge-off.
12. Pursuant to the account agreement, any unpaid balance accrues interest at
the contract rate of 6%.
13. The principal amount was $1,058.72 at the time it was received by Plaintiff.
14. The total amount due and owing the Plaintiff including interest, is
$1,331.87.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in
the amount of $1,331.87 plus costs of suit and any other relief as the Court deems just and
appropriate.
Edwin 4r Abrahamsen &
Michael F. Ratchford, Esc
Attorney I.D. Nos.: 86285
120 North Keyser Ave.
Scranton, PA 18504
mratchford@eaa-law.co
Phone: 570-558-5510
Fax: 570-558-5511
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.
• rVV?eko w t,?ojC?a?RA?ow'One ......»»,:........_....».».....•.....,a..-.......1 '
/Sorn?..D i?,?1 y w.w•..•.•••»...»ww.....*...•.w•..»»......»••..ww•r.L1 • , -
....»».......»...:.._.»».._......:...»....p....» ..........:.....2; _
New Offers
Account lnlonnation ..»..».........»........»..» .............•.._...........2 .
Credit LWds ..._.....» ........... .....................»......_._..........».._.2
- + Using Your Card ..» .............»...................................»..........3
_.........3
Rewards ... ............... ............»..........................
Using Your Access Cyhedm......:.»...»..._..... ....................?•3-4
M....w..N•••... ..... -....4
Stoppbg Payment of ammess amft
:_»..................._..»?.._»?....4
Using a PIN.. .............. ».........
Audw iced Users » ..............»....:................»...: ...» .-...-5
Removirg&n Audwized User...--* ..-- ................»......._..S
, financet7sarges... »_.»................»..:.M......._._._.....5 .
Your Pmn*e to Pay...».:......» ...:............?..........»........_5
Sc ...........»....»»...»»...»_..»_...» _ 6
imputed Transactions ....»..w..........»..-...».-.......».»._........w6
Trareuc trs Made In foreign Oxrendes.»......._..-7 .
No VAnTa ntles 7
Metdm* Paftmds »..w...»?..-»....w.. 7
Mininvim 12
,....»...»....»._.w..w...».
Meted Papvmts »».»...»».»..._..»...... -
ras?er Payn?errt sev6oe?s .......» ................:..:•..........?.........._.&9
Payrrrerttt Rocessing ....»»...»............ •_•.9
How We A"Ybur Pftwm s.._.».... -9
' ttxens with Restricdve UVonis, Conditions, a< h?trrrdiotts.._..9 -
Crsdit Badss......_ ...:.............._......... 10
Ac wx* Defacdt....».......... ......w,...?........10
C.orttmtmkations ................_........».? ..___._»..11 -
C180 pApcrtS...»..»».........»»..?... w.....w11
CbnbV orSuspendngYburAmount ........»-.»...w..........11-12 .
Lost cur Stolen Cmd».....»...».».»..........._,...». -12 ,
• Omwxles tm Ybur Agreement .............».. .....12
Gov&nbg Law .»12
Wager 12-13
_.._.---1?..............».». .......?._.w.13
Provtstor?...._. 13:18
. SpftW Derv ida a for this Arbitration 13-14 .
.. ..15 ??• • •
EbcGm and b idagott of Arbitration is-is
hood a and UwAppSmW in ArbrVMbn ._.....•17.
Gosfs ... .....17
No Cmwoftdon or Joinder of Parties . - •18 -
• • • Judi tdotoemeK end Append 18 -
•:Nl19ae?necrg VMxK Semabi 18 •
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FILED-OFFICE
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,, THE PROTHONOTArs';
2011 JUL 22 PM 2: 52
(CUM
PENNSYLVAN A
k IMM
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 CUMBERLAND ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
® a copy of the Notice of Appeal, Common Pleas No.11-5637 CIVIL, upon the Magisterial District Judge designated
therein on
(date of service) 7/20, 2011, ? by personal service ® by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) JASON A GROSS, on
7/20,2011 ?by personal service- ® by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS 20 DAY OF JULY- 2011
Signature of official before whom affidavit was made
Title of official
My commission expires on APRIL 2ND, 2011
AOPC 312A - 05
-•D (Domestic Only; No Insurance • •- Provided)
I'
ED i For delivery information visit our Tebsite at www.usps.com,
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1711
...0 Postage $
17-
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M Return Receipt Fee
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(Endorsement Required)
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FICE
IN THE COURT OF COMMON PLEAS OF 07HONOT
CUMBERLAND COUNTY, PENNSYLVANIA 10 t . 50
LVNV FUNDING LLC
CIVIL ACTION
Plaintiff
vs.
Jason A Gross NO: 11-5637 CIVIL
Defendant
CERTIFICATE OF SERVICE
:'0 -DEFLAND COUN
?'-NNS YLVANIA
I, Michael F. Ratchford, Esquire, hereby certify that on July 21, 2011 the below named
District Justice received and signed for the certified mail containing the Plaintiff s Notice of
Appeal of the District Justice Judgment.
DISTRICT COURT 09-2-02
Honorable JESSICA BREWBAKER District Justice
18 NORTH HANOVER STREET
Carlisle, PA 17013
Edwin A. Abrahamsen & Associates, P.C.
J5 Y : " 1/ r / L'
Michael F. Ratchford, Esquire
Attorney I.D. No.: 86285
120 N Keyser Avenue
Scranton, PA 18504
(570) 558-5510
If
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
DISTRICT COURT 09-2-02
18 NORTH HANOVER ST
SUITE 106
CARLISLE PA 17013
A. Signature
X &1,4d El Agent
? Addressee
B. ive ?(Printed Nam . Date of Delivery
D. Is delivery address different from ill5m 1? ? Yes
If YES, enter delivery address below: ? No
3. pace Type
.Certified Mail ? Express Mail
? Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? yes
2. Article Number
Crransferfrom service label) 7011 0470 0002 7627 9889
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
David D. Buell
'rothonotasy
Office of the Prothonotary
Cum6er[and County, Qennsy[vania
rkS. Sofionage, ESQ
Solicitor
i/"51.mo 3 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 0 Suite100 Q Carlisle, TA ® (hong 717 240-6195 0 Fax 717 240-6573