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HomeMy WebLinkAbout11-42062107271 THIS IS AN ARBITRATION ASSESSMENT OF DAMAGES 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. BILL J PICKREN 2761 SPRING RD CARLISLE PA 17013 MATTER. HEARING REQUIRED. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO NOTICE am Cat 0 ` ' '- -y Y (n - r , 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 0 anA+ ?9a oo Pd, &a lo.3oq a "j` ?24 a58°??h 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 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 April 8, 2011 in the amount of $1,494.48. 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 6/26/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,494.48 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC INBERG, ESQUIRE JOEL M. FL K, ESQUIRE Attorney for Plaintiff POIP.DB 2107271 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 # 5121071853980716 I reviewed the following: ® Computerized Documents ? Hard Copy Documents; and F-I Other: Business System of Records 3. The foregoing account was opened on 9/1/1997 in the name of Bill Pickren . The documents that I reviewed were produced by Citibank, Sears. 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 $1,110.83 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. _vie 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 Plaintiff's business records. 2. I have personal knowledge regarding Plaintiff's 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 5121071853980716 (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 Bill J Pickren 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 5378 to Plaintiffs assignor which included the Defendant's Account on 07/14/2005 (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 $1,110.83 plus any additional accrued interest. I affirm under penalty of perjury that the above facts are true and correct. a,?? Ni Foster 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 2107271 Et,-?t-, ate of South Carolina Co mm. Exp. 2-1-2021 2107271 Iii 2 12 NA - 3 N to: u GORDON & WEINBERG, P.C. BY : FREDERIC I. WEINBERG, ESQUI?B RLAN'D COUNT',` Identification No.: 41360 A?q,1A. JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 LVNV FUNDING LLC VS. BILL J PICKREN 36 REGENCY WOODS N CARLISLE PA 17015-9063 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-4206-CIVIL PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter for an additional thirty (30) days. GORDON & WEINBERG, P.C. BY: FREDERIC I. BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff(s) ab? Q M4 % 11. ?Spd c 1? t X)? 0 a? 45 r'a -41 , SHERIFF'S OFFICE OF CUMBERLAND COUNTI(0a Z - ;, Ronny RAnderson M r -? M-. Sheriff ? M 2 Jody S Smith } Chief Deputy -f Richard W Stewart itor li S ?i- -? ? "` ' 'Fr - ?- o c LVNV Funding, LLC Case Numbe r vs. 2011-4206 Bill J. Pickren SHERIFF'S RETURN OF SERVICE 05/08/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Bill J. Pickren, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Bill J. Pickren. Request for service at 36 Regency Woods, Carlisle, Pennsylvania 17015 the Defendant was not found. Deputies were advised, Bill J. Pickren has not resided at this address for over three years. SHERIFF COST: $39.00 SO ANSWERS, May 09, 2012 R-ON01 R ANDERSON, SHERIFF (cj ,c U"?'yjjite Snpr'..ff. Te''e-os,^,fl. i r. • l9,,,r fry 2107271 7 i Ii}. d1 tlfuf GORDON & WEINBERG, P. C. 21113 JUL 19 PK 3' 101 BY: FREDERIC I . WEINBERG, ESQUIRE CUMBERLAND 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. : 11-4206-CIVIL BILL J PICKREN °— PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I . BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P006 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 �(6 �!