The URL can be used to link to this page

Home My WebLink About10-1492RLEQ?FICE OF THE PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC AS ASSIGNEE OF Capital One 15 South Main Street Greenville, SC 29601 CIVIL ACTION 2010 MAR -3 PM 3: 03 .ate: t:.l dv' ? CUMBE?I ??JVTY PENN 'i I!J INS? Plaintiff VS. NO: /6 lqQ;k% Ruth E Hoon 4712 E TRINDLE RD MECHANICSBURG PA 17050-3615 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 s 4W-o6 rte(. ,4?j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC AS ASSIGNEE OF Capital One 15 South Main Street Greenville, SC 29601 Plaintiff VS. Ruth E Hoon 4712 E TRINDLE RD MECHANICSBURG PA 17050-3615 Defendant CIVIL ACTION NO: 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 Ruth E Hoon (hereinafter "Defendant") is an adult individual residing at 4712 E TRINDLE RD MECHANICSBURG PA 17050-3615. 3. At all relevant times herein, Plaintiff was engaged in the business of debt pruchase and collection. 4. Defendant applied for and received a credit card issued by Capital One with the account number 5291492338915040. 5. The within account was sold by Capital One to LVNV Funding LLC for valueable consideration and all rights under said accounts were assigned to Capital One 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. A copy of this document has been requested from LVNV FUNDING LLC and will be provided upon receipt. 7. Defendant used the Capital One credit card with account number, 5291492338915040, 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. 8. 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 account became delinquent on August 20, 2007. 11. The principal amount was $$10,659.62 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 total amount due and owing the Plaintiff including interest, is $11,819.62. 14. Pursuant to the terms of the Agreement, Defendant is liable for Plaintiffs court costs and reasonable attorney's fees. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $11,819.62 plus costs of suit and any other relief as the Court deems just and appropriate. y Edwin (A. Abrah en Assoc. Michael F. Ratc or d, quire Heather K. W druff, Esquire Attorney I.D os.: 86285/207805 120 North eyser Ave. Scranton A 18504 mraicni raUweaa-iaw.com hwood ff@eaa-law.com 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. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor vl "'F Tl ` P'" 1 p ? TAR i 2610 MAR 10 P1 2: 24 LVNV Funding, LLC Case Number vs. Ruth E. Hoon 2010-1492 SHERIFF'S RETURN OF SERVICE 03/08/2010 08:49 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 8, 2010 at 2045 hours, he served a true copy of the within Complaint and Notice, u on the within named defendant, to wit: Ruth E. Hoon, by making known unto herself personally, at 47 E. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents nd at a ame time handing to her personally the said true and correct copy of the same. i /) SHERIFF COST: $37.00 March 09, 2010 SF;K*N HARRISON, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor 4~~rti~p ai' ~iiii~t~r~,~ X~M1 y V ,!!4 ~~ 2010 Vii, ~ ~ `. ~ ' (, : ~ ~ ~, ~: Discover Bank Case Number vs. 2009-1492 Frances M. Price SHERIFF'S RETURN OF SERVICE 03/19/2010 04:24 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2010 at 1624 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Frances M. Price, by making known unto himself personally, at 335 Wesley Drive Apartment 116, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. AM NDA COBAUGH, DEPU SHERIFF COST: $37.00 March 22, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ;cY Coi.irtySuita ;~~erdT'. TE:Iro::ofl liL LVNV FUNDING LLC vs. In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division NO: 10-1492 Ruth E Hoon Praecipe to Settle, Discontinue and End Defendant ; To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Settle, Discontinue and End. Thank you, Michael F. Ratchford, E uire - _" Edwin A. Abrahamsen Associat s, P.C. ' •' Lawyer ID # 86285 120 N. Keyser Aven e Scranton, PA 1850 Subscribed before me this i I day of 2011 %LL.0 C Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Michael C. Sowa, Notary Public Plains Twp., Luzeme County My Commission Expires ]an. 24, 2014 Member, Pennsylvania Association of Notaries