HomeMy WebLinkAbout06-1773
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. Ole, - /773
)
)
)
)
)
)
)
Ci u\ L ~ ULI-vL
L VNV FUNDING, L.L.c.
Plaintiff,
v.
WILLIAM COLON,
COMPLAINT IN CIVIL ACTION
Filed on behalf of:
LVNV 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.
)
~ NO. O~ .-17 73 C:v' I f.",....
)
)
)
)
)
)
)
LVNV FUNDING, L.L.c.,
Plaintiff,
v.
WILLIAM COLON,
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 MAYBE
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, P A 17013
717-249-3166
. "
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant(s).
)
~ NO. 0(" - /'71.2
)
)
)
)
)
)
)
f)- I~
\:.lUl'L 1 0z..~
L VNV FUNDING, L.L.C.,
Plaintiff,
v.
WILLIAM COLON,
COMPLAINT IN CIVIL ACTION
AND NOW, comes Plaintiff, L VNV FUNDING, L.L.C., above named, the purchaser
and assignee ofthe obligation under suit, by and through its attorney,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
and, for the purposes of this litigation, maintaining a place of business at 15 South Main
Street, Greenville, SC 29601.
2. Defendant is WILLIAM COLON, an adult individual, believed to currently
reside at 1425 APPLE DR APT 149, MECHANICSBURG, PA 17055.
3. Defendant(s) owes the sum of$4,261.68 for credit extended by SEARS,
ROEBUCK AND COMPANY to Defendant at account number 0554629359155
4. Defendant(s) is in default for failing to make payments on the aforesaid account.
5. LVNV purchased and now owns the aforesaid account. A copy of an Affidavit
from L VNV and the Bill of Sale or Assignment are collectively referred to and attached
hereto as Plaintiff's Exhibit "A" and incorporated herein by reference.
.
6. Plaintiff has demanded payment but Defendant(s) has failed or otherwise
refused to pay the aforesaid swn due.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s),
in the amount of$4,261.68 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.
.
fl 2qljC JtJ
AFFIDAVIT
State of South Carolina
County of Greenville
I, Steve Hawkins, being first duly sworn on oath, depose and state as follows:
I. I am an Authorized Representative of L VNV Funding LLCand I am duly authorized to make this
Affidavit.
2. That account number 0554629359155, WILLIAM COLON, ("Account") is owned by L VNV
Funding LLC.
3. The Account was acquired by L VNV Funding LLC from its affiliate, Sherman Originator LLC.
4. Upon the acquisition of the Account from Sherman Originator LLC, all of Sherman Originator
LLC's interest in the Account was vested in LVNV Funding LLC
DATED this 5th day of January, 2006.
~c~
Signature
Subscribed and sworn to before me
This 5th day of January, 2006.
~~'" c? d1~
My commiSSIOn expires .
t7(r-{ (M I r' '/4//
. ,.'
BILL C F SAtE. ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS BILL OF SALE, ASSIGJ\'MENT AND ASSUMPTION AGREEMENT is
dated as of recember 11, 2003 betwccn Cilibank USA, N.A., a national banking
associated orguuzed under the laws of the United States, located at 701 EllSt 60th Street
NOM, Sioux F illl, South Dakota, (the "Bank") and Shennan Originator LLC, located at
335 Madlson Avenue, New York, NY 10017 ("Buyer").
For value received and subject to thc terms and conditions of the Purchase and Sale
Agreement dat:d November 20. 2003 between Buyer and the Bank (the "Agreement"),
the Bank does lCleby transfer, sell, assign, convey, grant, bargain, selover and deliver to
Buyer, and 10 3uyer's successors and assigns. the Accounts described in Section 1.2 of
the Agreement .
This Bill of Sde, Assignment and Assumption Agreement is executed wi"thout recourse
and .....ithout re }resentations or warranties including, withouI limitation, warranties as 10
collectibility.
Ciubank USA, N.A_
Shennan Originator LLC
By:S;~t
I ,nature
Name: ,j(.prr."-! D. Gt'o(.,,,J~L
Title: 'J.""P. a"..,,~ AsS.uCiJL
(~1N\4 tJ. Co \A v\ 'S<.. \
By:
(Signature)
Name:
Title:
. "
VERIFICATION
AND NOW, GREGG L. 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 allowed for the filing of this pleading,
the pleading is submitted by counsel having sufficient knowledge, information and belief
based upon the information provided to him by the Plaintiff. The verification of the party
will be provided if requested.
Date: March 22, 2006
L 0
Pa e & Feli ,A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
1'"'-.) 0
~ ("'l :::::;.
, "--;::, "n (~)
(:J ,";"" .-1
~ V( ---;co. ::~-n
1 , r~lr=
V( .. CIJ
h) \'"
-...l .<
I.r{ -n "'OC'':':
<t ()- V - Shl
r- )0 -U r:~ -.\
.>
\) ~ I"~,) -n
(\ .< CO :.<
-.t: r--
-'Z b
--C
~
1
...
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
L VNV FUNDING, L.L.C.
Plaintiff
) NO. 06-1773 CIVIL TERM
)
)
)
)
)
)
)
)
v.
WILLIAM COLON,
Defendant( s)
PLAINTIFF'S PRAECIPE
FOR CONSENT TO
ENTRY OF JUDGMENT
Filed on behalf of:
L VNV Funding, L.L.C.
Plaintiff
Counsel of Record for This
Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.c.
213 East Main Street
Carnegie, P A 15106
(412) 429-7675
COLON, WILLIAM 2970.3183.wpd
A
"
. . ' .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
LVNV FUNDING, L.L.C.
Plaintiff
) NO. 06-1773 CIVIL TERM
)
)
)
)
)
)
)
)
v.
WILLIAM COLON,
Defendant( s)
CONSENT TO ENTRY OF JUDGMENT
The undersigned Defendant, having been served with a Complaint in Civil Action in the
matter captioned above, hereby admits the averments contained in said Complaint, waives any defect
of service, waives any applicable time period for the filing of a responsive pleading, waives service
of a Ten Day Notice or Notice of Default, and hereby consents to the entry of judgment against him
in the amount of$4,261.68 plus interest at the legal rate per annum and the costs of suit. The parties
agree that execution will be stayed, and the judgment will be satisfied provided Defendant pays
$4,261.68 at the rate of$200.00 due on or before April 28, 2006and subsequent payments of$200.00
due every thirty (30) days thereafter. Time is of the essence. Defendant hereby waives Notice of
Entry of Judgment.
Date: tf/:3 lOb
I
JL Il
<-'/vd.. CL
William Colon
To the Prot11onotary:
PRAECIPE TO ENTER JUDGMENT
Please enter judgment against the Defendant in the amount of $4,26 1 .68, plus interest and
costs of suit.
. Morri, squire
Patenaude & Felix, A.P.C
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
111C)IfJ
~ ~--J0
~< ;;
-..... . 'A
~ {;' fc~
~ ~ r
f; (>. ~
~
R
,
~,
~
-4:
,
'"
~
I
<.::,.
~.
,-'
'.
::-:-}
,l'
.....'
\..,)
C..'\
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01773 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LVNV FUNDING LLC
VS
COLON WILLIAM
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
COLON WILLIAM
the
DEFENDANT
, at 1900:00 HOURS, on the 29th day of March
, 2006
at 1425 APPLE DRIVE
APT 14 9
MECHANICSBURG, PA 17055
by handing to
DONNA COLON, WIFE
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
Aff idavi t
Surcharge
So Answers:
18.00
9.68
.00
10.00
.00
37.68~03/30/2006
PATENAUDE &
r~~~~
R. Thomas Kline
Sworn and Subscribed to before
By:
FELIX
0/ 'l>>'~ .v
Deputy Sheriff ~
me this
j1te
day of
~
,;l~,-
A.D.
Prothonotary