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Home My WebLink About11-42052107265 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 15 South Main Street, Greenville, NC 29601 VS. Mark W Scheller 1059 COLUMBUS AVE LEMOYNE PA 17043 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. NOTICE `_3 10 = c CD c 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 am g9a.oo Pd aH? C?? iaa93 ? ?. ass 9 ?s COMPLAINT IN CIVIL-ACTION 1. Plaintiff, LVNV FUNDING LLC a debt buyer and successor in interest to the original creditor, Citibank. 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 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 April 8, 2011 in the amount of $5,447.26. 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 11/20/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $5,447.26 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: { FREDERIC I. WE NBERG, ESQUIRE JOEL M. LI ESQUIRE Attorney for Plaintiff POIP.DB 2107265 VERIFICATION I, Matt Sowell, 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 Citibank. 2. For Account # 5121071726470176 I reviewed the following: ® Computerized Documents ? Hard Copy Documents; and Other: Business System of Records 3. The foregoing account was opened on 9/1/1997 in the name of Mark Scheller . The documents that I reviewed were produced by Citibank, SEARS GOLD MASTERCARD. 4. Based on my review of the foregoing documents, at the time of the sale and assignment of the said account by Citibank, there was due and owing the purchased balance of $4,933.87 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. 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. VI d Authorized Representative DATE: March 21, 2011 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: 1. 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 Plaintiff's 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 5121071726470176 (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 Mark W Scheller by Citibank on or about 09/01/1997 (the "Date of Origination"). Said business records further indicate that Account was then owned by Citibank, that Citibank later sold and/or assigned Portfolio 13317 to Plaintiff's assignor which included the Defendant's Account on 07/22/2009 (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 $4,933.87 plus any additional accrued interest. I affirm under penalty of perjury that the above facts are true and correct. ikki os er March 18, 2011 The foregoing affidavit was signed to and subscribed before me this Friday, March 18, 2011. i (Notary P lic) Mary T. Gaines Notary Public 2107265 State of South Carolina My Comm. Exp. 2-1-2021 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ????,tn ct ?"ttinberf?tt? FILED-OH I'll . PRA ???J 0 2011 JUN -7 Aid 10: 2 ("UMBEBLAND OUN'I Y PENNSYLVANIA LVNV Funding, LLC vs. Mark W. Scheller Case Number 2011-4205 SHERIFF'S RETURN OF SERVICE 05/26/2011 05:05 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 26, 2011 at 1705 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mark W. Scheller, by making known unto himself personally, at 1059 Columbus Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. ROB T BITNER, DEPUTY SHERIFF COST: $44.00 May 31, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF lo: CoomySuilo ShenfT. Tealoosoft , Inc. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2107265 Jr-iLED-OFFICE t HE PROTHONOTARY "0I I JUL I I PSI 2: 5 2 !UMBERLANO COUNTY PENNSYLVANIA LVNV FUNDING LLC VS. Mark W Scheller COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-4205-CIVIL PRAECIPE FOR ENTRY OF JTJDG Mu FOR WANT OF AN ANSWER ASSESSMENT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $5,447.26 Less: Payments on Account ( $.00) Total: $5,447.26 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, Mark W Scheller, 1059 COLUMBUS AVE, LEMOYNE PA 17043. 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. 3. 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. Q,NIk *14001Pd 0441 e,t*lasl8 V 14t ,a?tvgo AND NOW, this ---AL day of ? , 2011 Judgment is entered in favor of the plaintiff(s) and agai st defendan s) by default for want of an answer and dama s ess t the s f , $5,447.26 as per the above certificati . w Prothonota GORDON & WEINBERG, P.C. BY: FREDERW I.JWEINBERG, ESQUIRE JOEL M F NK, ESQUIRE Attorney for Plaintiff 2107265 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. : 11-4205-CIVIL Mark W Scheller 1059 COLUMBUS AVE LEMOYNE PA 17043 NOTICE Pursuant to Pa.R.Civ.P. you are hereby notified you in the above procee L-L L-L L-L 236 of the Supreme Court of Pennsylvania, that a judgment has been entered against ling as indicated below. Judgment by Default $4,933.87 Money Judgment $ Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT IS TELEPHONE NUMBER: 484/351-0500 f `? PROTHONCLUPf" 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 2107265 LVNV FUNDING LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. : 11-4205-CIVIL Mark W Scheller NOTICE OF INTENTION TO TAKE DEFAULT TO/PAR- Mark W Scheller 1059 COLUMBUS AVE LEMOYNE PA 17043 DATE OF NOTICE/FECHA DEL AVISO: June 16, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 GORDON & WEINBERG, P.C. n BY: Y?? r FREDERIC I:/WEINBERG, ESQUIRE JOEL M. FLY K, ESQUIRE P10D-2