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HomeMy WebLinkAbout12-1194IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC 15 South Main Street Greenville, SC 29601 Plaintiff : vs. Mark W. Stone 82 Linda Dr LOT 46 Mechanicsburg PA 17050-1549 Defendant CIVIL ACTION : NO: la? llgq r 't rn -? ,- z co ?r i!) N 7:? CD CD r- C±v i [Tem 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 MAYBE 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 Gs 4io3.75 Pp ATE 0 fas(03 e a,71897 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC 15 South Main Street CIVIL ACTION Greenville, SC 29601 Plaintiff : VS. Mark W. Stone NO: 82 Linda Dr LOT 46 Mechanicsburg PA 17050-1549 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 Mark W. Stone (hereinafter "Defendant") is an adult individual residing at 82 Linda Dr LOT 46 Mechanicsburg PA 17050-1549. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by Citibank with the account number ending in 3689. 5. The within account was sold by Citibank to LVNV Funding LLC for valuable consideration and all rights under said accounts were assigned to LVNV Funding LLC. 6. Use of the Citibank 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 Citibank, and will be provided upon receipt. 7. Defendant used the Citibank credit card with account number ending in 3689, 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 Defendant last made payment on July 10, 2008. 11. The principal amount was $27,501.19 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 $27,501.19 at the time it was received by Plaintiff. 14. The total amount due and owing the Plaintiff including interest, is $32,392.63. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $32,392.63 plus costs of suit and any other relief as the Court deems just and appropriate. tted, Edwina brahamsen & Michael F. Ratchford, Esc Attorney I.D. Nos.: 86285 120 North Keyser Ave. Scranton, PA 18504 mratchford(& -law.com ,eaa 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. FIN 2: 5 JMB? ;LAND COUNTY VYLVAN!I1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, LLC, Plaintiff, CIVIL DIVISION NO.: 12-1194 V. MARK W. STONE, PRELIMINARY OBJECTIONS Defendant Filed on behalf of: MARK W. STONE, Defendant Counsel of Record For This Party: GREGORY T. ARTIM, ESQUIRE PA I.D. # 80886 MORROW & ARTIM, P.C. 1751 Lincoln Highway North Versailles, PA 15137 (412) 823-8003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, LLC, Plaintiff, V. MARK W. STONE, Defendant CIVIL DIVISION NO.: 12-1194 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days of service hereof or a Judgment may be entered against you. 910 Gregory T. A im, Esquire Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, LLC, Plaintiff, CIVIL DIVISION NO.: 12-1194 V. MARK W. STONE, Defendant TO: LVNV Funding, LLC c/o Michael F. Ratchford, Esquire Edwin A. Abrahamsen & Associates North Keyser Avenue Scranton, PA 18504 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Preliminary Objections has been served by first class mail to counsel for the above named party on the,-to h ein below set forth. DATE: GREGORY . RTIM, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, LLC, V. MARK W. STONE, Plaintiff, Defendant CIVIL DIVISION NO.: 12-1194 PRELIMINARY OBJECTIONS AND NOW, comes the Defendant, Mark W. Stone, by and through his attorneys, Gregory T. Artim, Esquire, and MORROW & ARTIM, P.C., and files the following Preliminary Objections to Plaintiff's Complaint: 1. Plaintiff filed a Complaint in Civil Action against Defendant demanding damages in the amount $32,392.63. A copy of said Complaint is attached hereto, marked as Exhibit "A" and is incorporated by reference. 2. Plaintiff has failed to attach any documentation regarding the credit account in violation of Pa. R. C. P. 1019. 3. Plaintiff has failed to attach any writing indicating that Defendant has agreed to the terms and conditions of the purported agreement between Defendant and the original creditor in violation of Pa..R.C.P. 1019. 4. Plaintiff has failed to attach a copy of all/any of the terms and conditions that applied to this alleged account. 5. Plaintiff has failed to attach to the Complaint a complete written assignment from Citibank to LVNV Funding, LLC indicating that Defendant's account was included in the lot sale(s) in violation of Pa. R.C.P. 1019. 6. The Complaint contains claims for money allegedly owed and fails to specifically account for the purported sums outstanding and for the amounts in dispute and payments made in violation of Pa.. R.C.P. 1019. 7. Plaintiff has failed to attach any of the monthly account statements for the alleged account. 8. The Plaintiff s Complaint fails to set forth the dates and types of notices that were given to Defendant concerning Defendant's alleged default prior to the commencement of the instant lawsuit. 9. The Plaintiff's Complaint fails to set forth the date that the account was allegedly opened and also fails to set forth the date of the alleged default on the alleged account 10. Plaintiff s Complaint is not verified by a party in violation of the PA Rules of Civil Procedure. WHEREFORE, the Defendant, Mark W. Stone prays that the Plaintiff's Complaint be dismissed with prejudice and any other relief this Honorable Court deems just and proper. Respectfully submitted, By: Gregory T. Artim, Esquire Attorney for Defendant Pa. I.D. 80886 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC 15 South Main Street CIVIL ACTION Greenville, SC 29601 . Plaintiff VS. NO: ?a - ?14y Mark W. Stone 82 Linda Dr LOT 46 Mechanicsburg PA 17050-1549 Defendant NOTICE TO DEFEND n C © fl-1 =r5 rnw _ -n x ??cr cv -vm r ?n z® _ x -- crr'' --t a? 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 TRUE COPY FROM RECORD M Testimony whWW. I hM wft ad nW MW and tl» of sal¢ at omft* P'a. Tbb drl PnDlhonOdl„ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC 15 South Main Street Greenville, SC 29601 VS. Plaintiff CIVIL ACTION Mark W. Stone 82 Linda Dr LOT 46 Mechanicsburg PA 17050-1549 Defendant 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 Mark W. Stone (hereinafter "Defendant") is an adult individual residing at 82 Linda Dr LOT 46 Mechanicsburg PA 17050-1549. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by Citibank with the account number ending in 3689. 5. The within account was sold by Citibank to LVNV Funding LLC for valuable consideration and all rights under said accounts were assigned to LVNV Funding LLC. 6. Use of the Citibank 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 Citibank, and will be provided upon receipt. 7. Defendant used the Citibank credit card with account number ending in 3689, 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 Defendant last made payment on July 10, 2008. 11. The principal amount was $27,501.19 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 $27,501.19 at the time it was received by Plaintiff. 14. The total amount due and owing the Plaintiff including interest, is $32,392.63. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $32,392.63 plus costs of suit and any other relief as the Court deems just and appropriate. Edwinbrahamsen &. Mich F. Ratchford, Esq Attorney I.D. Nos.: 86285 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law.com Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plamtiff,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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, LLC, CIVIL DIVISION NO.: 12-1194 Plaintiff, V. MARK W. STONE, Defendant AND NOW, this ORDER OF COURT day of 2012, upon presentation of the within Motion in the above captioned case, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff's Complaint is Dismissed with Prejudice. By the Court, J. a PRO (f,(a??dDiEa,t 2 '2 M AIR 2-0 PM 2: 55 CUMBERLAND COUNT"- PENNS ;'LVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, LLC, Plaintiff, CIVIL DIVISION NO.: 12-1194 v. MARK W. STONE, PRAECIPE TO ENTER APPEARANCE Defendant Filed on behalf of: MARK W. STONE, Defendant Counsel of Record For This Party: GREGORY T. ARTIM, ESQUIRE PA I.D. # 80886 MORROW & ARTIM, P.C. 1751 Lincoln Highway North Versailles, PA 15137 (412) 823-8003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LVNV FUNDING, LLC, CIVIL DIVISION NO.: 12-1194 Plaintiff, v. MARK W. STONE, Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of GREGORY T. ARTIM, ESQUIRE and the MORROW & ARTIM, P.C., on behalf of MARK W. STONE, Defendant in the above captioned matter. DATE By: ge - Grego im, Esquire Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within PRAECIPE TO ENTER APPEARANCE was served by U.S. Mail, first class, postage prepaid, upon the following: LVNV FUNDING, LLC c/o Michael F. Ratchford, Esquire Edwin A. Abrahamsen & Associates North Keyser Avenue Scranton, PA 18504 (Attorney for Plaintiff) ?-Z SP DATE Gregory t-Aftiirr?, squire LVNV FUNDING LLC In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Plaintiff Civil Division vs. Mca NO: 12-1194 - _ . Mark W. Stone Praecipe to Withdraw Civil Complaint, Z; - C= Defendant PRAECIPE TO WITHDRAW To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Withdraw the Civil Complaint. Thank you, Michael F. Ratchford, Esquire Edwin A. Abrahamsen & Ass iates, P.C. Lawyer ID # 86285 120 N. Keyser Avenue Scranton, PA 18504 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC Plaintiff VS. Mark W. Stone Defendant CIVIL DIVISION NO: 12-1194 CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served a copy of the Praecipe to Withdraw in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as.follows: Gregory Artim Esquire 1751 Lincoln Highway North Versailles PA 15137 Edwin A. Abrahamsen & Associates, P.C. dz Date: April 4, 2012 $w:/'?f Michael F.. Ratchford, Esquire Attorney I.D. No.: 86285 120 N. Keyser Avenue Scranton, PA 18504 (570) 558-5510