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Home My WebLink About09-7641 THIS IS AN ASSESSMENT 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 2068952 ARBITRATION MATTER. OF DAMAGES HEARING REQUIRED. LVNV FUNDING LLC 600 Broadhollow Road Melville, NY 11747 VS. Kathleen Wickert 153 BLACKSMITH RD CAMP HILL PA 17011 NOTICE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : eq - rl(..4I Civil -Em 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 1 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, LVNV FUNDING LLC a debt buyer and successor in interest to the original creditor, GE Capital. 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 original creditor under the terms of which the original creditor agreed to extend to defendant(s)the use of original creditor's 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 original creditor 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 original creditor. 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 as of September 3, 2009 in the amount of $1,276.14. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on 2/26/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,276.14 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE BERG, ESQUIRE JOEL M. FLI , ESQUIRE Attorney for Plaintiff POIP.DB STATE OF SOUTH CAROLINA )SS. l./ U COUNTY OF GREENVILLE ) VERIFIED STATEMENT OF ACCOUNT I, the undersigned, upon being duly sworn, state that I am an Authorized Representative for LVNV Funding LLC as assignee of GE Capital, Lowe's Consumer and I am familiar with and have access to the system records pertaining to the account of Kathleen Wickert, bearing account number of 7981923391791904. After reviewing the computerized business system records for this account, I verify that the amount due on said account, over and above all set-offs and counterclaims, if any, is $1,081.93 as of the date of this statement. The facts set forth in this Verification are true and correct to the best of my knowledge information and belief. DATE: August 19, 2009 Sworn to N r+&f 5::?? Nikki Foster Authorized Representative i ed day, August 19, 2009. G. Argentieri tary Public ESta:teof South Carolina m. Exp. 8-15-2015 EXHIBIT "A" PLAEWnW'S AFFIDAVIT OF INDEBTEDNESS AND OWNERSHIP OF ACCOUNT I am an Authorized Representative for LVNV Funding LLC (hereafter the "Plaintiff') and hereby certify as follows: 1. I have personal knowledge regarding Plaintiff's creation and maintenance of its normal business records, including computer records of its accounts receivables. This information was regularly and contemporaneously maintained during the course of the Plaintiff's business. I am authorized to execute this affidavit on behalf of Plaintiff and the information below is true and correct to the best of my knowledge, information and belief based on the Plaintiffs business records. 2. The records provided to Plaintiff have been represented to include information provided by the original creditor. Such information includes the debtor's name, social security number, account balance, the identity of the original creditor and the account number. 3. Based on the business records maintained on account 7981923391791904 (hereafter "Account") which are a compilation of the information provided upon acquisition and information obtained since acquisition, the Account is the result of the extension of credit to Kathleen Wickert by GE Capital, on or about 6/9/2003 (the "Date of Origination"). Said business records further indicate that the Account was then owned by GE Capital. GE Capital later sold and/or assigned Portfolio 9071 to Plaintiff's assignor which included the Defendant's Account on 12/28/2007 (the "Date of Assignment"). Thereafter, all ownership rights were assigned to, transferred to and became vested in Plaintiff, including the right to collect the purchased balance owing of $1,081.93 plus any additional accrued interest. 4. To the best of my knowledge and belief, the Defendant is not a minor or mentally incompetent person. 5. Based on the business records maintained in regard to the Account, the above stated amount is justly and duly owed by the Defendant to the Plaintiff and that all just and lawful offsets, payments and credits to the account have been allowed. Demand for payment was made more than thirty days ago. I affirm under penalty of perjury that the above facts are true and correct. bt:z Nikki Foster August 19, 2009 The f "ego g )d94 vassigrtW to aX subscribed before me this Wednesday, August 19, 2009. otary Firm File # 2068952 Susan G. Argentieri Notary Public State of South Carolina My Comm. Exp. 8-15-2015 0 FILED nr THE IrI; 1's.J?llf i 2004 NOV -5 Pi I 12: 4 4 PcI ` ;i'k ' i LLAMA $7s.5o pa ATT-4 c v-0 gostq e olaw4l 2068952 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS . DOCKET NO. 09-7641 w rn Kathleen Wickert x� '.r T'C� - 13Y PRAECIPE TO WITHDRAW COMPLAINT -;r-(:3 . TO THE PROTHONOTARY: < Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P. C. BY: FREDERIC I . WA_NBERd, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P00.6 I CERTIFICATION OF SERVICE I, FREDERIC I . WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Withdraw Complaint to Pa.R.C. P. 1028 (c) (1) , via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I. WEINBERG, ESQUIRE Dated