HomeMy WebLinkAbout06-1990
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GREGG L MORRIS, ESQ,
PATENAUDE & FELIX, kP,C
213 R 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, - (qq6
)
)
)
)
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CUL L ~ U2-i'Vl
L VNV FUNDING, LLC.
Plaintiff,
v,
CHERYL L GREEN,
COMPLAINT IN CIVIL ACTION
Filed on behalf of:
LVNV FUNDING, LLC,
Plaintiff
Counsel of Record for This Party:
Gregg L Morris, Esquire
Pa LD, #69006
Patenaude & Felix, kP,C.
213 East Main Street
Carnegie, PA 15106
(412) 429-7675
.
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
L VNV FUNDING, L.L.C.,
)
)
) NO. ex,. -
)
)
)
)
)
)
)
C;u~l ~&V"'l
Plaintiff,
v,
CHERYL L GREEN,
Defendant
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
Defendant(s),
)
~ NO. OL - 11ftJ C;u~l /E/LhL
)
)
)
)
)
)
)
L VNV FUNDING, LL.C,
Plaintiff,
v,
CHERYL L GREEN,
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:
I, 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 CHERYL L GREEN, an adult individual, believed to currently
reside at 213 CONSTITUTIONAL CT , MECHANICSBURG, P A 17050-1824,
3, Defendant(s) owes the sum of$3,992,75 for credit extended by Providian
Financial Corp to Defendant at account number 4479470200508991
4. Defendant(s) is in default for failing to make payments on the aforesaid account
5. L VNV 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 sum due,
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s),
in the amount of$3,992,75 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:
L.MO
213 K Main Street
Carnegie, PA 15106
(412) 429-7675
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AFFIDAVIT
State of South Carolina
County of Greenville
1, Sue Argentieri, being first duly sworn on oath, depose and state as follows:
1. I am an Authorized Representative of L VNV Funding LLCand I am duly authorized to make this
Affidavit.
2. That account number 4479470200508991, CHERYL L GREEN, ("Account") is owned by LVNV
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 L VNV Funding LLC
DATED this 10th day of January, 2006.
L-
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Signature
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Subscribed and sworn to before me
This 10th day of January, 2006.
Cs c ~'"
My commission expires
c/ii Ifkr ,\ /"if I
Steven C. Hawkins
Notary Public
State of South Carolina
Comm, EJcp, 8-15-2015
Bill of Sale
, .
, .
Providian National Bank, for val\lll received 8Jld in accordance with the terms of
the Purchase and Sale Ajreement by and between Provldian National Bank. and SHERMAN
ORIGINATOR, LLC r'Purchaser"). dated as of March 22. 2004 (the "Agreement"), does hereby
sell, assign and transfer to Purchaslll', its successors and assigns, all right, title and interest in and
to the A<lOOun1S listed in the Account Schedule attached (as may be 8lIleI1ded in IICCOrdance with
the Agl:l:cmmrt) as Appendix A to the Agreem..d, without recourse and without repteJ8lltation or
WlImI1lty of colleetibility, or otherwite, except to the extent stated in the Agreement.
Bxecuted on '?r:;) 2roy
Providian National Bank
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Title 2l\A{J
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.
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: April 03,2006
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01990 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LVNV FUNDING LLC
VS
GREEN CHERYL L
VALERIE WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
GREEN CHERYL L
the
DEFENDANT
, at 2050:00 HOURS, on the 11th day of April
, 2006
at 213 CONSTITUTIONAL COURT
MECHANICSBURG, PA 17050-1824
by handing to
CHERYL L COPPENHAVER (GREEN)
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
18.00
8.80
.00
10.00
.00
36.80
So Answers:
~~_/~~
R. Thomas Kline
Sworn
..fJI'1/0L, n.
and subscribed['~o
before
04/12/2006
PATENAUDE & FELIX
By: (/L- ~~
Deputy S riff
day of
me this
A.D.
Prothonotary
GREGG L. MORRIS, ESQ.
PATENAUDE & FELIX, A.P.C.
213 E. MAIN STREET
CARNEGIE, P A 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
L VNV FUNDING, LLC
Plaintiff,
)
)
) NO. 06-1990 CIVIL TERM
)
)
)
)
)
)
)
v.
CHERYL L GREEN,
Defendant( s).
PRAECIPE FOR
DEFAULT JUDGMENT
Filed on behalf of:
L VNV FUNDING, LLC,
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
L VNV FUNDING, LLC,
Plaintiff
)
)
) NO. 06-1990 CIVIL TERM
)
)
)
)
)
)
)
v.
CHERYL L GREEN,
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 Plaintiff's complaint.
Amount claimed in Complaint
Interest from October 26, 2005
Attorney's fees
TOTAL
$3,992.75
$239.57
$0.00
$4,232.32
With continuing interest on the principal amount of $4,232.32, 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 (ifknown), 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 attached.
tenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
)
)
) NO. 06-1990 CIVIL TERM
)
)
)
)
)
)
)
L VNV FUNDING, LLC,
v.
CHERYL L GREEN,
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), CHERYL L GREEN, 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 oflntent to take Default Judgment was mailed in accordance with Pa.R.C.P.
237.1, as evidenced by the attached copy.
By:
"
G G L. MORRIS, ESQOIRE
, atenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
Sworn to and subscribed before me
this~dayof~W\.. 20~,
1
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Notary Public
NOTARIAL SEAL
ERIN N 8AL.TZELL
CARNEGIE 8OR~tary PublIc
My comm/ss~Ge'; AlLEGHENY COUMY
plrea JU/21, 2010 .
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. 06-1990 CIVIL TERM
)
)
)
)
)
)
)
L VNV FUNDING, LLC
Plaintiff,
v.
CHERYL L GREEN,
IMPORTANT NOTICE
Filed on behalf of:
L VNV FUNDING, LLC,
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, PA 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant( s)
)
)
) NO. 06-1990 CIVIL TERM
)
)
)
)
)
)
)
L VNV FUNDING, LLC,
Plaintiff
v.
CHERYL L GREEN,
To: CHERYL L GREEN
213 CONSTITUTIONAL CT
MECHANICSBURG, PA 17050-1824
Date of Notice: January 11, 2007
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PEROSONALL Y OR BY ATIORNEY 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 TIllS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE TIllS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIllS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT lllRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGffiLE 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
Patenaude & Felix, AP.C.
By:
I, GREGG L. MORRIS, attorney for Plaintiff, L VNV FUNDING, LLC, hereby
certify that a true and correct copy of the foregoing document was served this day by US
First Class Mail, postage prepaid upon the following:
CHERYL L GREEN
213 CONSTITUTIONAL CT
MECHANICS BURG, P A 17050-1824
Gre . Mo ., squire
enaude & Felix, A.P .C.
Attorneys for Plaintiff
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
Date: January 11,2007
GREGG L. MORRIS, ESQ.
PATENAUDE & FELIX, A.P.C.
213 E. MAIN STREET
CARNEGIE, P A 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. 06-1990 CIVIL TERM
)
)
)
)
)
)
)
L VNV FUNDING, LLC
Plaintiff,
v.
CHERYL L GREEN,
NOTICE OF ORDER,
DECREE OR JUDGMENT
Filed on behalf of:
L VNV FUNDING, LLC,
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
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant( s)
)
)
) NO. 06-1990 CIVIL TERM
)
)
)
)
)
)
)
L VNV FUNDING, LLC,
Plaintiff
v.
CHERYL L GREEN,
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 Jd..L> :29 2('}(j1
l
( ) 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 $4,232.32, plus cost.
( ) District Justice Transcript of Judgment in the amount of $
plus costs.
( ) If not satisfied within sixty (60) days, your motor vehicle operator's license wil be
suspended by the Department of Transportation.
Prothonotary
By
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