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HomeMy WebLinkAbout10-6803 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 2091460 ARBITRATION MATTER. OF DAMAGES HEARING REQUIRED. OF THFE PROTHONOTARY 2010 OCT 26 AM 8: 48 CUMBERLAND COUNTY PENNSYLVANIA LVNV FUNDING LLC 15 South Main Street, Greenville, NC 29601 VS. William Pendrak 1296 WARWICK RD CAMP HILL PA 17011 att.?Ill.. ! n COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. :10 -48a3 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, 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 ctK? 382,? 2? zsb?q? COMPLAINT IN CIVIL-ACTION 1. Plaintiff, LVNV FUNDING LLC a debt buyer and successor in interest to the original creditor, HSBC/Orchard Bank. 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 merchandise 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 or Affidavit 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 8/13/10 in the amount of $1,068.13. 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 3/14/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,068.13 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W NB RG, ESQUIRE UIRE JOEL M. FLINK Upintiff Attorney for P01P.DB 2091460 VERIFICATION I, Tobie Griffin, hereby verify that: I am employed by Resurgent Capital Services master servicer for LVNV Funding LLC with full authority to make this Verification on behalf of LVNV Funding LLC. LVNV Funding LLC is the successor in interest to HSBC/Orchard Bank. 2. For Account # 5155970001518469 I reviewed the following: ® Computerized Documents ? Hard Copy Documents; and ® Other: Business System of Records 3. The foregoing account was opened on 10/12/2005 in the name of William Pendrak . The documents that I reviewed were produced by HSBC/Orchard Bank, Platinum - MPL. 4. Based on my review of the foregoing documents, at the time of the sale and assignment of the said account by HSBC/Orchard Bank, there was due and owing the purchased balance of $ 915.14 and counsel has incorporated the facts by reference in the foregoing Complaint in Civil Action. The language in the Complaint is that of counsel and not of Plaintiff so to the extent that the contents of the Complaint are that of counsel, Plaintiff has relied upon counsel in making this verification. 5. Based on my review of the foregoing documents, there are no payments that have not been credited and the debtor named in paragraph 3 above has not asserted any counterclaims or setoffs. 6. The facts set forth in this Verification are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties for making an unsworn falsification to authorities in violation of 18 Pa. C.S. § 4904. Authorized Representative DATE: July 30, 2010 EXHIBIT "A" PLAINTIFF'S AFFIDAVIT OF INDEBTEDNESS AND OWNERSHIP OF ACCOUNT Now comes the undersigned affiant, who having first been duly sworn and cautioned according to law, depose and states as follows: I am an Authorized Representative for LVNV Funding LLC (hereafter the "Plaintiff'). I am authorized to make this affidavit on its behalf, and the information below is true and correct to the best of my information and belief based on the Plaintiffs business records. 2. I have personal knowledge regarding Plaintiffs creation and maintenance of its normal business books and records, including computer records of its accounts receivables. This information was regularly and contemporaneously maintained during the course of the Plaintiffs business. 3. In the ordinary course of business, Plaintiff regularly acquires revolving credit accounts, installment accounts, service accounts and/or other credit lines. The records provided to Plaintiff have been represented to include information provided by the original creditor or its successors in interest. Such information includes the debtor's name, social security number, account balance, the identity of the original creditor and the account number. 4. To the best of my knowledge and belief, the Defendant is not a minor or mentally incompetent person. 5. Based upon the business records maintained on account 5155970001518469 (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 William Pendrak by HSBC/Orchard Bank on or about 10/12/2005 (the "Date of Origination"). Said business records further indicate that Account was then owned by IDT Carmel, Inc, that IDT Carmel, Inc later sold and/or assigned Portfolio 12546 to Plaintiffs assignor which included the Defendant's Account on 1/30/2009 (the "Date of Assignment") and on the Date of Assignment, all ownership rights were assigned to, transferred to, and became vested in Plaintiff, including the right to collect the purchased balance owing of $ 915.14 plus any additional accrued interest. I affirm under penalty of perjury that the above facts are true and correct. . y4k:? ikki Foste July 30, 2010 The wit g affi da ' w signed to and subscribed before me this Friday, July 30, 2010 otary Public) Tobie Griffin 2091460 Notary Public State of South Carolina My Comm. Exp. 08-28-2018 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart ??„tp Solicitor OFFICE OF -H: $4ERtFF LVNV Funding, LLC vs. Case Number . William Pendrak 2010-6803 SHERIFF'S RETURN OF SERVICE 11/02/2010 07:47 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2010 at 1947 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William Pendrak, by making known unto himself personally, at 1296 Warwick Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. A A COBAG-GFT, DEPUTY SHERIFF COST: $41.50 November 04, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Co . CD c= (c) CountySuite Shenff. TeleosoR. Inc. s a C- S N ? .D n 209146ROZ _ ° GORDON & WEINBERG, P. C. zr" r°+3l rat- BY: FREDERIC I. WEINBERG, ESQUIRE --°J Identification No.: 41360 , JOEL M. FLINK ESQUIRE --4 Identification No.: 41200 -C 1001 E. Hector Street, Ste 220 ' rr; Conshohocken, PA 19428 "`{ 484/351-0500 -, °LVNV FUNDING LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. William Pendrak PRAECIPE FOR ENTRY OF JUDGNZNT BY AGR 7' TO THE PROTHONOTARY: Enter judgment by agreement fo defendant(s) William Pendrak above certified to be calculable as a sum as follows: r plaintiff and against named only and assess damages certain from the complaint, Principal Total: DOCKET NO. : 10-6803 $1,216.37 $1,216.37 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: LVNV FUNDING LLC and that the last known address of defendant, William Pendrak, 1296 WARWICK RD, CAMP HILL PA 17011. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. ?{,? We o?yt} ?ki?f bol > CL Y ? ?34? '- I The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. AND NOW, this _ day of 1iGl.[,Y11& , 2010 Judgment By Agreement is entered in favor of the plaintiff(s) and against defendant(s) at the sum of, $1,2 6. 7 as per the above certification. othonotary A MD GORDON & WEIN ERG, P.C. BY: FREDERIC WE NBERG, ESQUIRE JOEL M. F INK ESQUIRE Attorney Plaintiff I 2091460 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. : 10-6803 William Pendrak NOTICE Pursuant to Pa.R.Civ.P. 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. Judgment by Agreement $1,216.37 L_L Money Judgment $ L_L Judgment on Award of Arbitrators$ L_L Judgment on Verdiet$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, TELEPHONE NUMBER: 484/351- ?a 13 ?D PLEASE CALL ESQUIRES AT THIS i ? 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 2091460 LVNV FUNDING LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 10-6803 William Pendrak qq?? JUDC4TT BY AGRB?TT AND NOW, this1' day of 2010, it is hereby stipulated and agreed to by and between, William Pendrak, her successors and assigns and Frederic I. Weinberg, Esquire, counsel for LVNV FUNDING LLC that the Court enter a determination in the above-captioned case as follows: 1. Judgment shall be entered in the amount of One Thousand Two Hundred Sixteen and 37/100 ($1,216.37)plus 6% post judgment interest and court cost in favor of LVNV FUNDING LLC and against, William Pendrak, his successors and assigns; 2. Plaintiff, LVNV FUNDING LLC, will agree to accept the sum of $50.00 per month from, William Pendrak, his successors and assigns. The first payment of $50.00 per month shall become due and payable on December 1, 2010 and then on the 1st of every month thereafter until the Stipulated Judgment is paid in full; 3. In the event that William Pendrak, his successors and assigns do not make payments as prescribed in paragraph 2, they will be considered in default and the Plaintiff, LVNV FUNDING LLC shall be allowed to exercise any and all remedies available at law. 4. The Parties to this action have authorized their respective counsel and agent to enter into this agreement on their behalf and by doing so this agreement will be binding on both that William Pendrak, his successors and assigns and, LVNV FUNDING LLC its successors and assigns. Date: William Pendrak Defendant 12-1-lJ Date: FREDERIC WEINBERG, Esquire JOEL M F INK, Esquire Attorn;4 for Plaintiff I.D. #41360 I.D. #41200 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 484/351-0500 SSs SSS a SSS FILED-OF FiCc WE RROTHON04641460 GORDON & WEINBERG, P. C. 2012 FEB 21 PM 2* 34 BY: FREDERIC I. WEINBERG, ESQUMPIgERLAND COUNTY :Identification No.: 41360 PENNSYLVANIA 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. : 10-6803 William Pendrak ORDER TO SATISIry JUDt.60M TO THE PROTHONOTARY: Kindly mark the judgment entered December 13, 2010 in the above-captioned matter satisfied upon payment of your costs only. GORDON & WEINBERG, P.C. BY: P005 FREDER I. WEINBERG, ESQUIRE JOEL FLINK, ESQUIRE Attor ey for Plaintiff QUN %9.0 Pd at 0?lyr (D39 5195 P9 09 -71,30 (.0