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Home My WebLink About13-4682 . GOI1,MONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of CUMBERLAND FROM MAGISTERIAL DISTRICT JUDGE JUDGME COMMON PLEAS No. DUI 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. NAME OF MDJ LVNV FUNDING LLC 09 -3 -04 HONORABLE PAULA P CORREAL ADDRESS OF APPELLANT CITY STATE ZIP CODE 15 SOUTH MAIN ST GREENVILLE Sc 29601 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 7/10/13 LVNV FUNDING LLC VS SAMANTHA BROWN / DOCKET No. SIGNATURE OF PPELLANT OR TTORNEY R CV- 116 -13 This block will be signed ONLY when this notation is required under Pa. f appella t was &aimant (see Pa. C.P.D No. 1001(6) in actior R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judg , A COMPLAINT MUST BE FILEL operate as a SUPERSEDEAS to the judgment for possession in this case. within twent (20) days after filing the NOTIC 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 ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial Distric Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. 6 Signature of appellant or attorney or agent RULE: To appellee(s) 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 servic; 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 de he mailing. C1 Date: .20 �- t (�� Q�'�� ,..r -- ` Signature of Prothonotary or Deput YOU MUST INCLUDE A COPY OF THE NOTICEp0JF,, WjfHRbNSCRIPT FORM WITH THIS NOTICE OF APPEAL. I ..1 AOPC 312 -05 e 0 ji�Uts�3 a u a� �tcg COMMONWEALTH OF PENNSYLVANIA'' Notice of Judgment /Transcript Civil COUNTY OF CUMBERLAND ..._ y Case Mag. Dist. No: MDJ- 09 -3 -04 LNVN Funding LLC MDJ Name: Honorable Paula P. Correal v. Address: 5275 East Trindle Road Samantha Brown Suite 110 Mechanicsburg, PA 17050 Telephone: 717- 697 -2201 Attorney Michael F. Ratchford, Esq. Docket No: MJ- 09304 -CV- 0000116 -2013 Edwin Abrahamsen & Associates, P.C. Case Filed: 4/8/2013 120 North Keyser Ave. Scranton, PA 18504 Disposition Details Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ- 09304 -CV- 0000116 -2013 LNVN Funding LLC Samantha Brown Judgment for Defendant 07/10/2013 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 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. Date Senior Magisterial District Judge Paula P. Correal I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge 2 l L -o U MDJS 315 Page 1 of 2 Printed: 07/10/2013 9:34:04AM r. LNVN Funding LLC Docket No.: MJ- 09304 -CV- 0000116 -2013 V. Samantha Brown Participant List Private(s) Attorney Michael F. Ratchford, Esq. Edwin Abrahamsen & Associates, P.C. 120 North Keyser Ave. Scranton, PA 18504 Plaintiff(s) LNVN Funding LLG 15 South Main Street Greenville, SC 29601 Defendant(s) Samantha Brown 61 Lori Circle i Mechanicsburg, PA 17050 MDJS 315 Page 2 of 2 Printed: 07/10/2013 9:34:04AM Supreme Co ,o ennsylvania COU �bf�COi11m tV1eas For Prothonotary Use Only: Co�er s ;. _ a 1 � Docket No: 1� 'C` CUIJ18 R ANiS ,l� County d lY The information collected on this form is used solely for court administration purposes. This fortn does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S ® Complaint ® Writ of Summons ® Petition ® Transfer from Another Jurisdiction r] Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: LVNV FUNDING LLC SAMANTHA BROWN T Dollar Amount Requested: Swithin arbitration limits I Are money damages requested? El Yes ® No (check one) ®outside arbitration limits 0 N Is this a Class Action Suit? ® Yes 0 No Is this an MDJAppeal? El Yes ® No A Name of Plaintiff/Appellant's Attorney: MICHAEL RATCHFORD t.� ® Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional [3 Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card E3 Board of Assessment Motor Vehicle ® Debt Collection: Other ® Board of Elections ® Nuisance ® Dept. of Transportation Premises Liability Statutory Appeal: Other S ® Product Liability (does not include ' E mass tort) [3 Employment Dispute: I® Slander/LibeU Defamation Discrimination C ® Other: n Employment Dispute: Other ® Zoning Board Other: , ' rA Other: O MASS TORT E] Asbestos N ® Tobacco Toxic Tort - DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Other: 13 Ejectment ®Common Law /Statutory Arbitration B O Eminent Domain/Condemnation E3 Declaratory Judgment O Ground Rent ® Mandamus ® Landlord/Tenant Dispute Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Warranto ® Dental ® Partition ® Replevin ® Legal ® Quiet Title ® Other: Medical [3 Other: ® Other Professional: I Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLCM 15 South Main Street CIVIL ACTION - T Greenville, SC 29601'_`' Plaintiff vs. NO: � - Samantha S Brown 61 Lori Circle Mechanicsburg, PA 17050 -3665 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 i R1214096 L% 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: Samantha S Brown 61 Lori Circle Mechanicsburg, PA 17050 -3665 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 corporation with a principal place of business located at 15 South Main Street Greenville, SC 29601. 2. The Defendant Samantha S Brown (hereinafter "Defendant ") is an adult individual residing at 61 Lori Circle Mechanicsburg, PA 17050 -3665. 3. Defendant applied for and received a credit card issued by Citibank (South Dakota), N.A. with the account number ending in 6266. 4. The within account was sold by Citibank (South Dakota), N.A. to LVNV Funding LLC for valuable consideration and all rights under said accounts were assigned to LVNV Funding LLC. 5. Use of the Citibank (South Dakota), N.A. credit card was subject to the terms and considerations of the Cardmember Agreement (hereinafter "Agreement "), a copy of which was sent to the Defendant along with the credit card. 6. Defendant used the Citibank (South Dakota), N.A. credit card account number ending in 6266, for purchases, cash advances and/or balance transfers. 7. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 8. The Defendant last made payment on November 18, 2009. 9. The total amount due and owing the Plaintiff, including interest, is $5,909.95. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $5,909.95 plus costs of suit and any other relief as the Court deems just and appropriate. Res ctfully submitted ich IF . Ra� h rd squire Attorney I.D. .: 6285 120 N. Keyser ve Scranton, PA 8504 mratchford@ aa- law.com Phone: 800 -5 3 -1665 Fax: 570 - 558 -5511 i 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. A F. Raror , Esquire S tIFCWN 02624 000232 032008 14 4 Y 82 unit Date Associate Number Seats Gold asterCard card Application Ask Customer To Read And Sign Top Portion Prior To Application Being Processed By signing below, you certify that you have read and agree to the Sears Gold MasterCard card terms disclosed below which apply to your account and the terms of the Agreement that will be provided to you with your card(s) if credit is granted and you agree to pay all charges incurred under such terms. I, the undersigned, understand and agree by submitting this application, I am also giving my name, address, telephone number and e-mail address to Sears Holdings Corporation and its affiliates ( "Sears") for their use in marketing products and services to me. I also provide my social security number to Sears so that if for any reason Citibank (South Dakota), N.A. cannot act immediately on my request, Sears can use my name, address, telephone number, e-mail address and social security number to see if there may be another credit opportunity immediately available to me. ?- o 1 sip Last Name (please print) Fl ame (p ase print) a � Middle Inklal Signal \ — Date: "'' 7 AccountCare* Enrollment (Optional) "Yes, I want to protect my account by enrolling in the optional AccountCare debt cancellation program. By signing below, I acknowledge that I have received, read and understand the AccountCare program Summary on the back of this application and I elect to enroll in AccountCare. (That Program Summary and this enrollment authorization are disclosures of Citibank (South Dakota), NA-) I authorize the AccountCare fees, currently 96 cents per S100 of my Account Balance shown on my tilling statement each billing period as described In the AccountCare Program Summary. If I cancel within 30 days of receiving the membership materials. I will receive a full refund of any fees billed. l understand that your evaluation of my Sears Gold MasterCard application will not be Influenced by whether I choose to enroll in AccountCare and I am free to cancel at any time:" • Acoa ntCare Is optional and the purchase of AcoountCar* MR not affect your seam Gold MasterCard Applicatiorc • You wM be given additional Information before ar you e required to pay for AooamtCare, In ludim a copy of the AccountCare Terms & Corrditlons • Them are eligibl8ty requirements Corr 1- Wts, andraadusherts that cold prevent you from reodvhV benefits under AccountCare and you should carefully reulew the AccountCare Terms & CondItkms Signature: Date: Sears Choice Rewards (Optional - Sears Gold MasterCard Only) Yes! 1 would like to enroll in the optional Sears Choice Rewards Program with no annual membership fee. I have read and agree to the Sears Choice Rewards information on the back Initial h Retain Top Portion And Place With Credit Detail k�3 L' f9 Fra 2: dr? C(tr�PENNSYLVAaNIA�� I 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 13-4682 CIVIL upon the Magisterial District Judge designated therein on (date of service) , 08/15,2013, by personal service ® by(certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name)Samantha S Brown ,.on 08/15, 2013, by personal service ® by(certified) (registered) mail, sender's receipt attached hereto. SWORN(AFFIRMED)AND SUBSCRIBED BEFORE ME THIS 15 TH DAY OF August,2013 Signature of official before whom affidavit was made Signature of affiant CCsiliMOIVViIFALiFe OF PENNSYLVANIA Notarial Seal Michael C.Sowa,Notary Public plains Twp.,Luzeme County My commission rx iros)an.24,2014 Memher.Ppn�64X,v ;,As=hciation of Notaries Title of official My commission expires on 12014 AOPC 312A-05 I CERTIFIED MAIL. RECEIPT U.S. Postal S rvice-r. I.S. Postal Service-r. i CERTIFIED MAIL-rm RECEIPT P- (Domestic Mail Only;No Insurance Coverage Provided) M (Domestic Mail Only;No Insurance Coverage Provided) fu C] N For delivery Information visit our website at www.usps.come f1J For delivery Information visit our website at-www.usps.corn9 o 0- C3 Postage $ r3 Postage '$ Certified Fee Certified Fee O Postmark C3 Postmark p Return Receipt Fee Here O Return Receipt Fee Here n (Endorsement Required) p (Endorsement Required) O Restricted Delivery Fee Restricted Delivery Fee (Endorsement Required) 0 (Endorsement Required) - C3 r� fu Total Postage&Fees $ f1J Total Postage,&Fees $. Sent To Sent To 0 Street,Apt.No; SL C3 Street,Apt.No., or PO Box No. of S .Tn v�de R ' - 1 C� or PO Box No. ! + �j City 3fafe.ZIP+4 ----------------------------- - ----State,ZIP----"' --� 11 --•�1_!lr ttCflav1icsL L �� 1?u5`� �I�GGtiav>iC,a buJ� )7D`� See Reverse for Instructions PS Form 3800,August 2006 See Reverse tor Instructio PS Form 3800,August 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MM -11 LVNV FUNDING LLC cz)-0 (,n .-M CIVIL ACTION '- TM Plaintiff = cc:)� C: CO vs. NO: 13-4682 CIVIL Samantha S Brown Defendant CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire,hereby certify that on August 19, 2013 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 09-3-04 Honorable Paula P. Correal District Justice 5275 E Trindle Rd. Suite 110 Mechanicsburg,PA 17050 Edwin A. Abrahamsen& Associates, P.C. B/. ichael F. h ' ARatc ord, squire ' Attorney I.D. No.: 86 120 N Keyser Aven Scranton, PA 1 850 (570) 558-5510 SENDER: COMPLETE THIS SECTION • Complete items 1,2,and 3.Also complete ign u'r item 4 if Restricted Delivery is desired. X gent • Print your name and address on the reverse so that we can return the card to you. eived by f�rinted Name) C Date of Delivery • Attach this card to the back of the mailpiece, l/J1 I or on the front if space permits. M Ile, 21-11143 D. is delivery address different from item I? 11 Yes 1. Article Addressed to: If YES,enter delivery address below: I6 No b,5t 1c,+ cal(t 69 -3--o ff P►V) 3..Service Type ,Certified Mail ❑Express Mail (,( l ✓� J r`C,J�i ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 2 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number -i , (Transfer from service labeq 7 012 � 8210; 0-000' 610 0' 3227 I PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540; A - SENDER: • •N COMPLETE THIS SECTION ON • Complete items 1,2,and 3.Also complete A. Signat item 4 if Restricted Delivery is desired. X ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. ce' ed by( of me C. Date of Delivery • Attach this card to the back of the mailpiece, �. or on the front if space permits. D. Is delivery address different from item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Soma► za S� � m �,�G R-� �' �r T`/�'C.C��G►��GJ ��"1 ) � 3. Se ice Type 7'.��'We {��3 Certified Mail ❑Express Ma❑Registered ❑Return Receip end ❑Insured Mail ❑C.O.D. '21 09 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 4 7 012 :2210 0 0 0 0 610 0 3 2 0 3 (Transfer from'servlce labeq PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA LVNV FUNDING LLC - CIVIL ACTION MW M -c Fir CD Plaintiff wL , • .�c� ZW Ca-r= • Ica VS. : NO: 13-4682 CIVIL Zo _ Samantha S Brown Defendant CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire,hereby certify that on August 17, 2013 the below named Defendant received and signed for the certified mail containing the Plaintiff's Notice of Appeal of the District Justice Judgment and Complaint. Samantha S Brown 61 LORI CIRCLE MECHANICSBURG PA 17050-3665 Edwin A. Abrahamsen& Associates, P.C. B ichael F. Ratchford Esquire Attorney I.D.No.: 8 85 120 N Keyser Aven e Scranton, PA 1850 (570) 558-5510