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HomeMy WebLinkAbout10-2380A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC AS ASSIGNEE OF CitiFinancial, Inc. 15 South Main Street Greenville, SC 29601 Plaintiff VS. Bonnie Kimble 111 MAPLE DRIVE MECHANICSBURG PA 17050 Defendant CIVIL ACTION NO: 10 - d380 (1 -c co 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 CS) 49a.0o PO Arr/ GG11 6lµ8 p*- a4oaso IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC AS ASSIGNEE OF CitiFinancial, Inc. CIVIL ACTION 15 South Main Street Greenville, SC 29601 Plaintiff VS. NO: Bonnie Kimble 111 MAPLE DRIVE MECHANICSBURG PA 17050 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 Delaware corporation with a principal place of business located at 15 South Main Street Greenville, SC 29601. 2. The Defendant Bonnie Kimble (hereinafter "Defendant") is an adult individual residing at 111 MAPLE DRIVE MECHANICSBURG PA 17050. 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 CitiFinancial, Inc. with the account number 2009080350153. 5. The within account was sold by CitiFinancial, Inc. to LVNV Funding LLC for valueable consideration and all rights under said accounts were assigned to CitiFinancial, Inc. 6. Use of the CitiFinancial, Inc. 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 CitiFinancial, Inc., and will be provided upon receipt. 7. Defendant used the CitiFinancial, Inc. credit card with account number, 2009080350153, 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 February 29, 2008. 11. The principal amount was $$10,079.41 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 principal amount was $10,079.41 at the time it was received by Plaintiff. 14. The total amount due and owing the Plaintiff including interest, is $11,002.30. 15. 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 $11,002.30 plus costs of suit and any other relief as the Court deems just and appropriate. A. Abrahamsen . Michael F. Ratchford, squire Heather K. Woodruf Esquire Attorney I.D. Nos.: 6285/207805 120 North Keyser ve. Scranton, PA 185 4 mratchford@e law.com hwoodruff@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. LVNV FUNDING LLC In the Court of Common Pleas of Plaintiff CUMBERLAND County,Pennsylvania Civil Division VS. NO: 10-2380 Bonnie Kimble Praecipe to Withdraw Civil Complaint Defendant PRAECIPE TO WITHDRAW To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Withdraw the Civil Complaint. r�,w Thank you, Pri .3 f-- coc rcs? ZZ G Michael F. Ratchfor , E quire cr; '° Edwin A. Abrah en& Associates, P.C. E°3 Lawyer ID# 86 5 120 N. Keyse Avenue Scranton, PA 18504