HomeMy WebLinkAbout08-1645r
2042410
THIS IS AN ARBITRATION MATTER. ASSESSMENT OF
DAMAGES HEARING REQUIRED.
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
LVNV FUNDING LLC ASSIGNEE OF
LOWES CONSUMER
15 SOUTH MAIN ST, STE 700
GREENVILLE, SC 29601
VS.
TRACIE M GARDNER
5 POCONO DR
MECHANICSBURG, PA
and
JOSHUA GARDNER
5 POCONO
MECHANICSBURG, PA
17055-5570
17055-5570
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO . : 01- IV E C ivil -FC -rte
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 WITHIN 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 MAY PROCEED WITHOUT YOU AND A JUDGEMENT 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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT IN CIVIL-ACTION
1. Plaintiff is a debt buyer and successor in interest to
the original creditor as set forth in the caption of this
Complaint.
2. At all times relevant hereto, the defendant (s) was the
holder of a credit card, which at the request of the defendant(s)
was issued to the defendant(s) by the plaintiff under the terms of
which the plaintiff agreed to extend to defendant(s)the use of
plaintiffs credit facilities.
3. Defendant (s) accepted and used the aforesaid credit card
so issued and by so doing agreed to perform the terms and
conditions prescribed by the plaintiff for the use of said credit
card.
4. The defendant (s) received and accepted goods and merchand-
ise and/or accepted services or cash advances through the use of
the credit card issued by the Plaintiff. A true and correct copy
of the Statement of Account, if available, is attached hereto as
Exhibit "A".
5. All the credits to which the defendant (s) is entitled have
been applied and there remains a balance due in the amount of
$2,861.90.
6. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $2,861.90 but the defendant(s)has
failed and refused and still refuses to pay the same or any part
Account #: C81923391079680
C 'dmeMber Name: Tracie M Gardner
Balance; Due: 2808.15
Date Balance Due: 10/19/2007
State f South Carolina
County of Greenville
T,Dondrea Robinson , being duly served sworn according to law,
depose and say that:
1. I am an authorized representative for LVNV Funding LLC, and
I have custody and control of the files relating to this account;
2. I have personal knowledge of the facts and circumstances in
connection with this case;
3. Plaintiff's files are maintained in the usual and ordinary
courselof business;
41. This action is based on a claim for breach of contract and
that dimages are sought as a direct result of said breach;
5. After allowing for all offsets and credits, a balance
remain on the subject account having account number in the amount of
$2808.15.
6,. If called upon, affiant can testify at trial as to the
facts pertaining to this matter.
T?e above facts are true and correct to the best of my knowledge,
informi.tion and belief.
Authorized Representative
Sworn o and Subscribed
before me this 23rd day
of Oct ber, 2007 tlelfer eitz
Notary Pu bilr
State of South Carolina
Notary Public MY Co""•E;P. 10-2-17
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01645 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LVNV FUNDING LLC
VS
GARDNER TRACIE M ET AL
STEPHEN BENDER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
GARDNER TRACIE M the
DEFENDANT
, at 1900:00 HOURS, on the 26th day of March , 2008
at 5 POCONO DRIVE
MECHANICSBURG, PA 17055
TRACIE M GARDNER
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 10.56
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
38.563/27/2008
Sworn and Subscibed to By:
before me this day Dep ty Sheriff
of A.D.
.31-2$/6£8GORD" WEINBERG
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01645 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LVNV FUNDING LLC
VS
GARDNER TRACIE M ET AL
STEPHEN BENDER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
GARDNER JOSHUA
the
DEFENDANT
at 1900:00 HOURS, on the 26th day of March , 2008
at 5 POCONO DRIVE
MECHANICSBURG. PA 17055
by handing to
TRACIE M GARDNER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00 f?
Service .00 ?°
y .r
Affidavit 00 e.5,
.'?'sr -
Surcharge 10.00 R. Thomas Kline
16.00 ?03/27/2008
GORDON & WEINBERG
31aslas -'-rrvi
Sworn and Subscibed to By:
before me this day Deputy S eriff
of A. D.
A
2042410
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GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
LVNV Funding LLC Assignee of
LOWES CONSUMER
VS.
Tracie M Gardner
and
Joshua Gardner
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-1645 CIVIL
TERM
ORDER TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter settled, discontinued
and ended upon payment of your costs only.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. WE BERG, ESQUIRE
JOEL M. FLI , ESQUIRE
Attorney for Plaintiff
P003