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HomeMy WebLinkAbout06-1584 GREGG 1. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE,PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 P A ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA L VNV FUNDING, L.L.c. Plaintiff, ) ) ) NO. 00 - /51fY ) ) ) ) ) ) ) tdJ v. JOANNE CROUMER , Defendant(s). COMPLAINT IN CIVIL ACTION Filed on behalf of: L VNV FUNDING, L.L.c., Plaintiff Counsel of Record for This Party: Gregg 1. Morris, Esquire Pa LD. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, P A 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant. ) ) ) NO. ) ) ) ) ) ) ) LVNV FUNDING, L.L.C., Plaintiff, v. JOANNE CROUMER , 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 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, 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S, BEDFORD STREET CARLISLE, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA L VNV FUNDING, L.L.C., Plaintiff ) ~ NO. (7(p- /5,/'/ G-....t. ~I.u--. ) ) ) ) ) ) ) v. JOANNE CROUMER , Defendant COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, L VNV FUNDING, L.L.C., above named, the purchaser and assignee of the obligation under suit, by and through its attomey,GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, L VNV FUNDING, L.L.C., (hereinafter L VNV) is a limited partnership, the assignee of Shennan Originator, LLC, maintaining a place of business at 15 South Main Street, Greenville, SC 29601. 2. Plaintiff, LVNV, is the successor in interest of the obligation under suit from Shennan Originator, LLC. 3. Defendant is JOANNE CROUMER , an adult individual, believed to currently reside at 228 E GARFIELD ST , SHIPPENSBURG, P A 17257. 4. Defendant obtained extensions of credit, purchases or cash advances on the following open ended credit card account number 1150021338449 issued by SEARS, ROEBUCK AND COMPANY. 5. The Defendant made payments, but has refused to pay, and now refuses to pay the balance due and owing on the aforesaid account in the sum of $3,284. 70, plus interest and costs. 6. The Defendant has received monthly billing statements setting forth the nature and amount of all charges made by Defendant, and the transactions give rise to an account stated, upon which Plaintiff has relied. 7. By failing to object or dispute the amounts on the statements, Defendant has assented to and agreed to the correctness of the balance due on the aforesaid credit card account so as to constitute and account stated. 8. Despite repeated demands, Defendant has failed to make the required installment payments when due and therefore the full amount of the account is now due and payable. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in the amount of$3,284.70 with continuing interest thereon at the legal rate from the date of Judgment plus costs. The aforesaid amount is within the jurisdictional amount requiring compulsory arbitration. Respectfully Submitted' ORRIS, SQUIRE 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 ... VERIFICATION AND NOW, GREGG 1. MORRIS, verifies the statements made in this Complaint that are true and correct to the best of his knowledge, information and belief. I understand that false statements herein are made subject to the penalties ofPa.C.S. Section 4904, relating to unsworn falsification to authorities. By virtue of the fact that the Plaintiff is outside the jurisdiction of the Court and the verification cannot be obtained within the time al10wed for the filing of this pleading, the pleading is submitted by counsel having sufficient knowledge, infornlation and belief based upon the information provided to him by the Plaintiff. The verification of the party will be provided if requested. Date: March 15, 2006 ~ \~ ~ --~ '- ~ '" '-J\.~ -,.J V \) \J-- V OJ ,,\ V\ ,\ \J' ~ ~ ~\ ~) ~ ''-' \; ?\ " ~' ~ ,,~ \.t. o (~.: " ,'" ,-.._::1 ~; ot..:l' -;.;:;.. '};; \,j o .-0 :>-~ "N .' ~--- ~ ~) o .-n .""" ?1;.,7~, -":.~""::_) " ) {'. J.-:- (r" .~{~~ ,) -,~::: "::j -~~ - GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 P A ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA L VNV FUNDING, L.L.C. Defendant(s). ) ) ) NO. 06-1584 ) ) ) ) ) ) ) Plaintiff, v. JOANNE CROUMER , PRAECIPE FOR DEFAULT JUDGMENT Filed on behalf of: L VNV FUNDING, L.L.C., Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa LD. #69006 Patenaude & Felix, A.P.c. 213 East Main Street Carnegie, P A 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, L.L.C., Plaintiff ) ) ) NO. 06-1584 ) ) ) ) ) ) ) v. JOANNE CROUMER , Defendant( s) PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a judgment against the Defendant(s), above named, for failure to file an Answer to Plaintiffs complaint. Amount claimed in Complaint Interest from October 03,2005 Attorney's fees TOTAL $3,284.70 $106.75 $0.00 $3,391.45 With continuing interest on the principal amount of$3,391.45, with interest at the legal rate, plus costs of suit. I hereby certifY that a written notice of intention to file this praecipe was mailed to the Defendant(s) and Defendant(s) counsel (if known), after the default had occured and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the Notice is atta ed. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA L VNV FUNDING, L.L.C., ) ) ) NO. 06-1584 ) ) ) ) ) ) ) Plaintiff v. JOANNE CROUMER, Defendant( s) PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA.R.C.P.I037(b) COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and State, Personally appeared Gregg L. Morris, Attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and states that the Defendant(s), JOANNE CROUMER , is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that Notice ofIntent to take Default Judgment was mailed in accordance with Pa.R.C.P. 237.1, as evidenced by the attached copy. G L. S, ES UI tenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 Sworn to and subscribed before me this~ayof~ 20W, ~(~W Notary Publ c NOTARIAL SEAL GRETA A JEWEU Nofary Public CARNEGIE BOROUGH, ALLEGHENY COUNTY My Commllslan expires Nov 18, 2009 GREGG 1. MORRIS, ESQ PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE,PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 P A ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, ) ) ) NO. 06-1584 ) ) ) ) ) ) ) L VNV FUNDING, L.L.C. v. JOANNE CROUMER , Defendant(s). IMPORTANT NOTICE Filed on behalf of: L VNV FUNDING, L.L.c., Plaintiff Counsel of Record for This Party: Gregg 1. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING, L.L.C., Plaintiff ) ) ) NO.06-!584 ) ) ) ) ) ) ) v. JOANNE CROUMER , Defendant( s) To: JOANNE CROUMER 228 E GARFIELD ST SHIPPENSBURG, P A 17257 Date of Notice: April!!, 2006 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PEROSONALL Y OR BY 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICECAN 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 ~~. I, GREGG L. MORRIS, attorney for Plaintiff, L VNV FUNDING, L.L.C., hereby certify that a true and correct copy ofthe foregoing document was served this day by US First Class Mail, postage prepaid upon the following: JOANNE CROUMER 228 E GARFIELD ST SHIPPENSBURG, P A 17 /'-~ L. 0 squire Patenaude & Fell, A.P.c. Attorneys for Plaintiff 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 Date: April 11, 2006 D 'c 7Y T- ~ tl :; - --- "<:) ~ ...:t c> \" ~ \J'" - ~ <:i (U r ~ -D C> o -J r ~ +- --L.. >\") __I .J . GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 P A ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant(s). ) ) ) NO. 06-1584 ) ) ) ) ) ) ) L VNV FUNDING, L.L.C. Plaintiff, v. JOANNE CROUMER , NOTICE OF ORDER, DECREE OR JUDGMENT Filed on behalf of: L VNV FUNDING, L.L.c., Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa 1.0. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant( s) ) ) ) NO. 06-1584 ) ) ) ) ) ) ) LVNV FUNDING, L.L.C., Plaintiff v. JOANNE CROUMER , NOTICE OF ORDER DECREE OR JUDGMENT TO: ( ) Plaintiff ( X ) Defendant ( ) Garnishee ( ) Additional Defendant You are hereby notified that the following Order, Decree, or Judgment has been entered against you on -.fl.p;' ~, ;;Z ~ ;;. fy:>i,., I ( ) Decree Nisi in Equity ( ) Final Decree in Equity ( X ) Judgment of ( ) Confession ( X) Default ( ) Non-Pros ( ) Verdict () Court Order ( ) Non-suit ( ) Arbitration Award (X) Judgment in the amount of$3,391.45, plus cost. ( ) District Justice Transcript ofJudgment in the amount of$ plus costs. ( ) Ifnot satisfied within sixty (60) days, your motor vehicle operator's license wil be suspended by the Department of Transportation. {2~ By Deputy If you have questions concerning the above, please contact: Name of Attorney: GREGG L. MORRIS, ESQUIRE 213 E. Main Street Carnegie, P A 15106 (412) 429-7675 SHERIFF'S RETURN - REGULAR CASE NO: 2006-01584 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS CROUMER JOANNE KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CROUMER JOANNE the DEFENDANT , at 1800:00 HOURS, on the 21st day of March , 2006 at 228 E GARFIELD STREET SHIPPENSBURG, PA 17257 by handing to JOANNE CROUMER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18,00 .-/?'/ /~ 17.60 .r ~,,?- -<: 1'" ~ .00 10.00 R. Thomas Kline .00 45.6011..,03/22/2006 ~PATENAUDE & FELIX Sworn and Subscribed to before By: A.D. 1~ "" 1'1- ,;LbPl, day of me this Prothonotary