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HomeMy WebLinkAbout06-1444COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS ' 0505477 JUDICIAL DISTRICT NOTICE OF APPEAL FROM / ,&Ia(L l ' S' DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O t. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgement rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAU. DIJI. NO. UK NAML Ut U1. LVNV Funding LLC 09-1-01 ADDRESS OF APPELLANT u y 3INIL ur ?wc c/o David Apothaker, Esq., 2417 Welsh Road, Suite 21 #520, Phila. PA 19114 DATE OF JUDGEMENT IN THE CASE OF (Plainril J (Defendanq 2-15-06 LVNV Funding LLC v. Jason 7qpith CV 0000765-05 LT This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P No. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008B. 1001 (6) in action before District Judge, he MUST This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary or 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 , appellee(s), to file a complaint in this appeal Nome of appellees) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgement of non pros. RULE: To Name appelleels). Signature of appellant or his attorney or agent (11 You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (201 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 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: Signature of Prothonotary or Deputy AGENT AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY N C: COMMONWEALTH OF PENNS r-- i COUNTY OF: CUMBERLAND 09-1-01 MDJ Name. Hon. z' CHARLES A. CLEIS'ENT, JR Address' 400 BRIDGE ST OLDIE TOW" COMMONS -SUITE 3 NEW CUMBERLAND, PA Teiepnone (717) 774-5989 17070 ATTORNEY FOR PLAINTIFF : NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS fLVNV FUNDING LLC 7 1341 N DELAWARE AVE APT/STE 405 C/O DAVID APOTHASER ESQ LPHILADELPHIA, PA 19125 J VS DEFENDANT: NAME and ADDRESS FSMITH, JASON M 7 1711 LETCHWORTH RD CAMP HILL, PA 17011 APOTHA&ER & ASSOCIATES, P.C. L _I 1341 N. DELAWARE AVE APT/STE 405 Docket No.: CV-0000765-05 DAVID APOTHA&ER ESQ Date Filed: 12/15/05 PHILADELPHIA, PA 19125 898 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT ® Judgment was entered for: (Name) gNTTir, TAAnN N ® Judgment was entered against: (Name) LVNV FUNDING LLC! in the amount of $ on on: ? Defendants are jointly and severally liable. ? Damages will be assessed on: 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 of Judgment) 7,419101; (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs S uu 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 BYTHE 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 ADGMENT DEBT.QR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. FEB 15 2006 Date Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2008. SEAL AOPC 315-05 DATE PRINTED: 2/15/06 11:19:46 AN COMMONWEALTH OF PENNVaVAINIAti ..t __. -,Nair Et)F /kr'PE/fL - I COURT OF COMMON PLEAS "RCM JUDICIAL 61STRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgement rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT HAG. DIST. NO. OR NAME OF D I ADDRESS OF APPELLANT CITY STATE ZIP CODE DATE OF JUDGEMENT I IN THE CASE OF IiJe, ff) (Det'nHrM) l? CIAIM NO. OR HIS ATTORNEY OR AGENT LT LT ?- This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. This N This Notice of Appeal, when received by the District Justice, will operate as a 1001 (6) in action before District Judge, he MUST SUPERSEDEAS to the judgment for possession in this case. FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary or Deputy 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 , 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 judgement of non pres. Signature of appellant or his attorney or agent RULE: To , appellee(s). Nome 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 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: Signature of Prothonotary or Deputy AOPC 312-90 t pn; :Gdc.,? 3;awr'nr? k , g ^g t--MRRV EPMWd OW; "MY PUW S Pll? co, My cm""on Egg , 2B. j r r FYI k.U OJ LJ: G IN THE COURT COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG TOWNSHIP P.L.A.N., and HOWARD ALBRECHT Appellants Vs. CIVIL ACTION ZONING HEARING BOARD SHIPPENSBURG TOWNSHIP, and No. 2006-1544 Appellee Land Use Appeal EDUCATIONAL PROPERTY GROUP, INC Intervenor EDUCATIONAL PROPERTY GROUP. INC.'S NOTICE OF INTERVENTION PURSUANT TO SECTION 1004-A OF THE PENNSYLVANIA MUNICIPALITIES PLANNING CODE TO THE PROTHONOTARY: Kindly docket Educational Property Group, Inc.'s Notice of Intervention pursuant to Section 1004-A of the Pennsylvania Municipalities Planning in the above-captioned proceedings. Pursuant to a written agreement of sale dated March 7, 2005, Educational Property Group, Inc. is the equitable owner of a subdivided portion of the land which forms the subject matter of the appeal. KIEFEL Date: '3131 12?a6 BY: JOHN H. KLVEt 721 East L caster Avenue Downingtown, PA 19335 ID# 53185 Phone: 610-873-4140 Fax: 610-873-9942 Attorney for Intervenor, Educational Property Group, Inc. IN THE COURT COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG TOWNSHIP P.L.A.N., and HOWARD ALBRECHT Appellants Vs. CIVIL ACTION ZONING HEARING BOARD SHIPPENSBURG TOWNSHIP, and No. 2006-1544 Appellee Land Use Appeal EDUCATIONAL PROPERTY GROUP, INC Intervenor CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Notice of Intervention upon Counsel of Record this date by United States Postal Service first class mail, postage pre-paid, addressed as follows: Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 (Attorney for Appellants) Sally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 (Attorney for G&C Associates) Joel Zullinger, Esquire 14 North Main Street Chambersburg, PA 17201 (Attorney for Zoning Hearing Date: '3j SI 12o-& !? (`?1 1? ?- .?{ ? ? i ' J ? L? ' 'i ,. (_ t f„ ??] C_) IN THE COURT COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG TOWNSHIP P.L.A.N., and HOWARD ALBRECHT Appellants Vs. CIVIL ACTION ZONING HEARING BOARD SHIPPENSBURG TOWNSHIP, and No. 2006-1544 Appellee Land Use Appeal EDUCATIONAL PROPERTY GROUP, INC. Intervenor ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for Intervenor, Educational Property Group, Inc. in the above-captioned proceedings. LA OFFI OF J H. KIEFEL Date: 3(31 / Face, BY: 721 Eastkancaster Avenue Downingtown, PA 19335 1D# 53185 Phone: 610-873-4140 Fax: 610-873-9942 Attorney for Intervenor, Educational Property Group, Inc. IN THE COURT COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIPPENSBURG TOWNSHIP P.L.A.N., and HOWARD ALBRECHT Appellants Vs. CIVIL ACTION ZONING HEARING BOARD SHIPPENSBURG TOWNSHIP, and No. 2006-1544 Appellee Land Use Appeal EDUCATIONAL PROPERTY GROUP, INC. Intervenor CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Entry of Appearance upon Counsel of Record this date by United States Postal Service first class mail, postage pre-paid, addressed as follows: Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 (Attorney for Appellants) Sally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 (Attorney for G&C Associates) Joel Zullinger, Esquire 14 North Main Street Chambersburg, PA 17201 (Attorney for Zoning Hearing Board-Shippensburg Township) Date: -S "3I' 2?C?'s BY: ?. ?> - o -:, _? -,, ,' _..?, U ?.; - ;. _; .. ;, . -, ?:? APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC ) COURT OF COMMON PLEAS 15 S MAIN ST. SUITE 500 ) CUMBERLAND COUNTY GREENVILLE, SC 29601 ) Plaintiff, ) NO.: 06-1444 VS. ) JASON M SMITH ) 1711 LETCHWORTH RD ) CAMP HILL PA 17011 ) Defendant. ) 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 with 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 my 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 ONE. 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. CUMBER LAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le ban demandado a usted en la cone. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo at 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 Codas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u ones derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O Sl NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O 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 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC ) COURT OF COMMON PLEAS 15 S MAIN ST. SUITE 500 ) CUMBERLAND COUNTY GREENVILLE, SC 29601 ) Plaintiff, ) NO.: 06-1444 ) VS. JASON M SMITH ) 1711 LETCHWORTH RD ) CAMP HILL PA 17011 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT Plaintiff, LVNV FUNDING LLC , is a company with its principal place of business located at 15 S MAIN ST. SUITE 500 GREENVILLE, SC 29601. 2. Defendant is JASON M SMITH , an adult individual residing at 1711 LETCHWORTH RD CAMP HILL PA 17011. 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 $6,377.02 together with interest from June 30, 2002 in the amount of $1,428.79 for a total of $7,805.81. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is HOUSEHOLD- WOLF FURNITURE. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $6,377.02 together with interest from June 30, 2002 in the amount of $1,428.79 for a total of $7,805.81 plus costs, and reasonable attorney's fees. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff BY: q?'? Davi J. Apothaker Dated: March 24, 2006 Our File No.: 0505477 VERIFICATION David I Apothaker, Esc. 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 I A aker, Esq. Attorney for Plaintiff DATE: March 24, 2006 LVNV FUNDING LLC 15 S MAIN ST. SUITE 500 GREENVILLE, SC, 29601 JASON M SMITH 1711 LETCHWORTH RD CAMP HILL PA 17011 STATEMENT OF ACCOUNT Debtor's Name: JASON M SMITH Account Number: 0499601100025603 Original Creditor: HOUSEHOLD- WOLF FURNITURE Date of Debt: June 30, 2002 Principal Balance: $6,377.02 Balance Due: $6,377.02 Our File No.: 0505477 EXHIBIT "A" 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. JASON M SMITH NO.: 06-1444 Defendant. CERTIFICATION OF SERVICE .30 I, David J. Apothaker, Esquire, attorney for Plaintiff, certify that on March $3, 2006, 1 mailed a copy of the Complaint by Regular mail to JASON M SMITH 1711 LETCHWORTH RD CAMP HILL PA 17011 Date: March 24, 2006 David J. Apotha sq. Attorney for Plaintiff Our File No.: 0505477 ?, .. 4 ", ?..'"` ._ ? : ??: APOTHAKER & ASSOCIATES, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff David J. Apothaker, Esquire Attorney ID #38423 LVNV FUNDING LLC Plaintiff, VS. JASON M SMITH Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 06-1444 Civil Action PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, LVNV FUNDING LLC and against Defendant, JASON M SMITH, for failure to answer or otherwise respond to the Complaint - Civil Action. The Complaint was served upon the defendants on March 30, 2006 by our office by regular mail. Copies of the proofs of service are attached hereto as Exhibit "A". I certify, a copy of the Notice of Intention To Take Default was mailed on May 18, 2006, and also attached hereto. Assess damages in the amount of: (a) Balance: $6,377.02 (b) Interest from June 30, 2002 to July 14, 2006: $1,428.74 TOTAL $7,805.81 APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff By: (Z'-?--- David J. othaker Dated: July 14, 2006 Our File No.: 55686 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: JASON M SMITH 1711 LETCHWORTH RD CAMP HILL, PA 17011 LVNV FUNDING LLC Plaintiff, VS. JASON M SMITH Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 06-1444 Civil Action NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION _ JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT _ JUDGMENT ON COURT FINDINGS _ JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker. Esq. at this telephone number: 215-634-8920 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. ) JASON M SMITH ) Defendant. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 06-1444 Civil Action AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 1711 LETCHWORTH RD CAMP HILL, PA 17011; and that Defendant(s) is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and amendments thereto. Attorney for Plaintiff The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. APOTHAKER & ASSOCIATES, P,C. BY: David J. Apothaker Attorney I.D.08423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8910 Attorney for Plaintiff LVNV FUNDING LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. JASON M SMITH NO.: 06-1444 Defendant. CERTIFICATION OF SERVICE 3a 1R 1, David J. Apothaker, Esquire, attorney for Plaintiff certify that on March $4, 2006, I mailed a copy of the Complaint by Regular mail to JASON M SMITH 1711 LETCHWORTH RD CAMP HILL PA 17011 Date: March 24, 2006 - 01-"? David 1. A sq. Attorney for Plaintiff Our File No.: 0505477 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 15 SOUTH MAIN STREET, SUITE 500 GREENVILLE, SC, 29601 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. JASON M SMITH 1711 LETCHWORTH RD CAMP HILL, PA 17011 Defendant. NO. 06-1444 NOTICE OF INTENTION TO TAKE DEFAULT TO: JASON M SMITH DATE OF NOTICE: May 18, 2006 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice as set forth above, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 6 DAVID J. APOTHAKER, ESQUIRE 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID #38423 Our File No.: 55686 ? C o- 0 PRAECIPE FOR WRIT OF EXECUITONI - (MONEY JUDGMNETS) P.R.C.P. 3101 to 3149 LVNV FUNDING LLC IN THE COURT OF COMMON P LEAS OF C/O DAVID J APOTHAKER, ESQ. CUMBERLAND COUNTY, PENNSYLVANIA 2417 WELSH RD, STE. 21 #520 PHILADELPHIA, PA 19114 vs. NO.: 06-1444 JASON M SMITH 1711 LETCHWORTH RD CAMP HILL, PA 17011 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Directed to the Sheriff of CUMBERLAND County, PA; (2) against JASON M SMITH, Defendant(s) (3) and against COMMERCE BANK 100 SENATE AVE.CAMP HILL, PA 17011, Garnishee(s) (4) and index this writ (a) against , Defendant(s) and (b) against , Defendant(s) and as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s). Specifically describe property per attached property description: (5) AMOUNT DUE: $7805.81 Signature of Attorney INTEREST FROMJuly 24,2006: $ David J. Anothaker Total: $ Print Name Plus costs $ #38423 ID Number NO. 06-1444 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC C/O DAVID J APOTHAKER, ESQ. 2417 WELSH RD, STE. 21 #520 PHILADELPHIA, PA 19114 v JASON M SMITH 1711 LETCHWORTH RD CAMP HILL, PA 17011 PRAECIPE FOR WRIT OF EXECUTION (Money Judgments) P.R.C.P. 3101 to 3149 etc. Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19110 (215) 634-8920 Attorneys for Plaintiff Address of Defendants: 1711 LETCHWORTH RD CAMP HILL, PA 17011 Where papers may be served. C13 V ? n 64 ? o C c 1 qD 1 o r? oc?'o 1 w 1 ?l C?J i n WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1444 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LVNV FUNDING LLC, C/O DAVID J. APOTHAKER, ESQ., Plaintiff (s) From JASON M. SMITH, 1711 LETCHWORTH RD., CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 100 SENATE AVE., CAMP HILL, PA 17011 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $7805.81 Interest FROM 7/24/06 Atty's Comm % Atty Paid $81.75 Plaintiff Paid Date: DECEMBER 20, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs C is R. Long, P otary By: REQUESTING PARTY: Name DAVID J. APOTHAKER, ESQUIRE Address: APOTHAKER & ASSOCIATES, P.C. 2417 WELSH ROAD, SUITE 21 #520 PHILADELPHIA, PA 19110 Attorney for: PLAINTIFF Telephone: 215-634-8920 Supreme Court ID No. 38423 Deputy LVNV FLNDING'LLC Plaintiff vs. JASON M SMITH Defendant(s) and COMMERCE BANK Garnishee NO. 06-1444 Amixps 4a INTERROGATORIES IN ATTACHMENT TO: COMMERCE BANK, Garnishee: You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to him (her/them) on any negotiable or other written instrument, or did he (she/they) claim that you owed him (her/them) any money or were liable to him (her/them) for any reason? 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more persons any property of any nature owned solely or in part by the defendant? 3. At the time you were served or any subsequent time did you hold legal title to any property of any natured owed solely or in part by the defendant or in which the defendant held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had any interest? 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his (her/their) direction or otherwise discharge any claim of the defendant(s) against you? 7. How much is the value of any property in your possessio onging to the defendant(s)? Dated: November 29, 2006 Attorney for Plaintiff(s) 1. Defendant had accounts 513206078 with a balance of $0.29 and 536669609 with a balance of $2.54 at time served. Both accounts are jointly awned with Heidi M Smith of 1711 Letchworth Rd, Camp Hill. 'Ihe accounts have been released due to marriage certificate on file. 2. See answer to question 1. 3. See answer to question 1. 4. Iio 5. Defendant made deposits into the above referenced accounts in the ordinary course prio to service, none of which were at the direction of Commerce Bank. 6. No 7. See answer to question 1. CammerCe Bank 3801 Paxton Street Harrisburg, PA 17111 1 / 717-412-6134 V L? Date s. J 9 A SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-01444 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND LVNV FUNDING LLC VS SMITH JASON M And now STEVEN L. BENDER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0012:30 Hours, on the 31st day of January , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT PtART ITITT TT n^? T AN hands, possession, or control of the within named Garnishee COMMERCE BANK 100 SENATE AVE CAMP HILL, PA 17011 Cumberland County, Pennsylvania, by handing to JONATHAN CARBAUGH (CSR personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to His . in the true and made Sheriff's Costs: So answers; Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 . 0 0 02/01/2007 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D R. Thomas Kline, Sheriff, who being duly sworn according 6fa; states this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 18.00 1.84 .50 1.00 23.20 30.00 20.00 Advance` Mg: 150.00 Sheriff's Costs: 103.54 $ 46.46 Refunded to Atty on 02/28/07 9.00 103.54 Y-`So Answers; i R. Thomas Kline, Sheriff IND By Claudia A. Brewbaker t ??7C? ?i Xinda4 ------ :gig ?,i, X_I>' gwld `i?uoZ . spin) f? j• SsoDiagl0 00* IS Xtilozd anQ OS'S T-j £Z78£ 'ON GI i-Ino') auia.zdnS OZ68-17£9-SIZ :auogdala I, 3311NIV"Id :10J XatuoIIV 01161 Vd `dIHd'130 IIHd OZS# IZ d.LIfIS `(IVOH HS'I:IM L 117Z '7'd `S? 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O.I. MW"T - NOfIDV 1IAID (QNV"RI1fl1Nf1J JO A.LN110:) MNOWWO ) I?AID bbtb1-90 ON (dINVA-1ASNNgd JO LL AV APOTHAKER & ASSOCIATES, P.C. David J. Apothaker, Esquire Attorney ID# 3,8423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff LVNV FUNDING LLC Plaintiff, VS. JASON M SMITH Defendant. TO THE PROTHONOTARY: Please enter the following: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 06-1444 Civil Action order to Mark Judgment Satisfied, Upon Payment of Your Costs. Order to Settle, Discontinue and End. Order to Satisfy Judgment Against the Garnishee Upon Payment of Your Costs. XXX Order to Dissolve the Attachment Against the Garnishee, Commerce Bank, PO Box 4999, 3801 Paxton Street, Harrisburg, PA 17111, Upo? meny6f Your Costs. David J. Apo aker, Esquire Attorney for Plaintiff A Law Firm Engaged in Debt Collection Date: 7/3/2008 I depose and say that the facts set forth in this filing are true and correct and acknowledge that I am subject to the penalties of 18 PS 4904 relating to Unsworn Falsification to Authorities. Our File No.: 55686 ? ? ? ? ?? ? ? 4 r ? ? ? c ? `'? W `?v, ? ? ., ..,.?