Loading...
HomeMy WebLinkAbout13-7000 Supreme Court of Pennsylvania Col>1 Fleas K � >'erer F eet For Frrsttrouotax use Clrrlt1: C A D C!UllIilly Docket No: r . F Tile infoi- oration collected on this faun is used solely for coatrt administration purposes. dais forarz doe's not supplement or replace the filing and seriaice cif pleadings or other papers as required by lmv or rules of court. ...................... S Commencement of Action: E ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: Lead Defendant's Name: T LVNV FUNDING, LLC LINDA L BARNHART Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits Q (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes E No A Name of Plaintiff /Appellant's Attorney: Apothaker and Associates, P.C. ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that i you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ® Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not ❑Employment Dispute: S include mass tort) E El Slander/Libel/ Defamation Discrimination El Other: El Employment Dispute: Other E] Zoning Board T T El Other: ❑ Other: Q MASS TORT N El Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration El Toxic Waste ❑Eminent Domain/Condemnation ❑ Declaratory Judgment $ ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ❑Partition El Replevin LIABLITY El Quiet Title El Other: ❑ Dental ❑Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 Our File No.: 365428 APOTHAKER & ASSOCIATES, P.C. ; BY: David J. Apothaker, Esquire`! Attorney I.D. #38423 CUMiDE R A 520 Fellowship Road C306 PE NNS YL �OV NT Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff LVNV FUNDING, LLC ) COURT OF COMMON PLEAS - 55 - BEATTIE PLACE SUITE 110 ) CUMBERLAND COUNTY GREENVILLE, SC 29601 2 I NO.: J . b®C) (flU L Plaintiff, ) VS. ) LINDA L BARNHART ) 247 MARSHALL RDG ) CARLISLE, PA 17013 -5139 ) Defendant. ) 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 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 ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717 - 249 -3166 Our File No.: 365428 o a APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. 938423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff LVNV FUNDING, LLC ) COURT OF COMMON PLEAS 55 BEATTIE PLACE SUITE 110 ) CUMBERLAND COUNTY GREENVILLE, SC 29601 ) NO.. Plaintiff, ) vs. ) LINDA L BARNHART ) 247 MARSHALL RDG ) CARLISLE, PA 17013 -5139 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC, 55 BEATTIE PLACE SUITE 110, GREENVILLE, SC 29601. 2. Defendant(s) is /are LINDA L BARNHART ( "Defendant "), an adult individual residing at 247 MARSHALL RDG CARLISLE, PA 17013 -5139. 3. Plaintiff is the Assignee and Successor in Interest of a credit account ( "Account "). 4. The Account number ends in 4382. 5. The Account was issued to Defendant by CITIBANK (SOUTH DAKOTA), N.A./MASTERCARD, the original creditor. 6. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 7. The account is in default due to Defendant's failure to make timely payments. 8. Although demand has been made, Defendant has failed to make payment of the amount due. 9. The amount due as of this date is $16,213.80. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant for the sum of $16,213.80 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & SSO IATES, P.C. Attorne for PI ntiff A Law Firm Enga ed in ebt Collection BY: David J. Apot r, uire Our File No.: 365428 � n VERIFICATION I, David J. Apothaker, Esquire hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that I am counsel for Plaintiff in this action, that I make this Verification based upon the facts as supplied to me by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court, and that facts set forth in the foregoing Civil Action Complaint are true and accurate to the best of my knowledge, information, and belief. APOTHA Vnga SOCIATES, P.C. A Plaintiff A Law Firin Debt Collect ion BY: David J. aker, Esquire This is an account summary. It is not a credit card statement from the originating creditor and has not previously been provided to the consumer. Account Number: XXXXXXXXXXXX4382 Internal Account Identifier:- 410975939 Portfolio ID: 16034 Current Owner: LVNV Funding LLC Original Creditor: Citibank (South Dakota), N.A. Previous Owner: Citibank, N.A. Summary Closing Date: 07/18/2013 Acquisition Date: 03/28/2011 Account Origination Date: 03/09/2004 Last Payment Date: 03/19/2010 Account number XXXXXXXXXXX Owing Collected Balance LINDA BARNHART Principal $ 16,213.80 $ $ 16,213.80 "" " - "*-8231 Interest $ - $ $ - Atty Fee $ $ $ 247 Marshall Rdg Misc Cost $ $ $ - Carlisle, PA 17013 New Balance $ 16,213.80 $ - $ 16,213.80 PAYMENT TRANSACTIONS Transaction Date Description Amount ........... ...._. . ..... .,,, ............... ...................... ......................... ..... ............................. ....... ,................ , . ....... .............. ........... This is not from the original creditor and has not been previously provided to the customer. This is an account summary. It is not a credit card statement. This summary has been generated on behalf of LVNV Funding LLC, account owner. This communication is from a debt collector and this is an attempt to collect a debt. Any information obtained will be used for that purpose. El objeto de la presente notificaci6n es gestionar el cobro de la deuda, y toda informaci6n obtenida sera utilizada a tal fin. La presente comunicaci6n proviene de un agente de cobro de deudas. Because interest, payments, credits, fees, and / or other permissible charges can continue to cause your account balance to vary from day to day, please contact us at 1- 888 - 665 -0374 to obtain up -to -date balance information. J BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT, dated March 28, 2011, is between Citibank (South Dakota), National Association, a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank ") and Sherman Originator 111, LLC, located at Sherman Capital Markets, LLC, 200 Meeting Street, Suite 206, Charles, SC 29401 ( "Buyer "). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated June 28, 2010, between Buyer and the Bank (the "Agreement "), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts listed in Exhibit 1 and the final electronic file. Citibank (South Dakota), N.A. By: (Signature) Name: Patricia Hall Title: Financial Account Manajzer Shemian CBSD 062810.doc Declaration of Account Transfer Sherman Originator III LLC ( "SOLLC III"), without recourse, to the extent permitted by applicable law, transferred, sold, assigned, conveyed, granted and delivered to Sherman Originator LLC ( "SOLLC ") all of its right, title and interest in and to the receivables and other assets (the "Assets ") identified on Exhibit A, in the Receivable File dated March 21, 2011 delivered by Citibank (South Dakota), N.A. on March 28, 2011 for purchase by SOLLC III on March 28, 2011. The transfer of the Assets included electronically stored business records. SOLLC, subsequent to the above mentioned transfer, transferred, sold, assigned, conveyed, " granted and delivered to LVNV Funding LLC ( "LVNV "), the above mentioned Assets. The transfer of the Assets included electronically stored business records. Sherman Originator III LLC a Delaware 'Limited Liability C mpany By: Na : Jon Maz Ttl : Director Sherman Originator LLC a Delaware Limited Liability Company By; am . evi ranigan Title: - Authorized Representative LVNV Funding LLC a Delaware Limited Liability Company By; Name: Les Gutierrez Title. .Authorized Representative Exhibit A Receivables File 03.28.11 Transfer Group Portfolio Transfer Batch 187515 16034 N/A SHERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAnderson i_ Y`t'" ` /��� Sheriff 1 tit ii k, -i.i }i t•. op of Cumber/ Jody S Smith , 2013 DEC -6 PH 12: 02 Chief Deputy Richard W Stewart 'y c,,,,6,;.,,,,,,,, CUMBERLAND COUNTY Solicitor SFr° 0Y H:7,P4=R_F,-- PENNSYLVANIA LVNV Funding, LLC Case Number vs. 2013-7000 Linda L Barnhart SHERIFF'S RETURN OF SERVICE 12/03/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Linda L Barnhart, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found" at 247 Marshall RDG, Carlisle, PA 17013. This address is located on the Army War College grounds and per Detective Shephard the defendant now lives in Texas, he is unaware of her current addess. SHERIFF COST: $28.00 SO ANSWERS, December 03, 2013 RON�R ANDERSON, SHERIFF (c)CountySuite Sheriff,7eleosof*„!n c.