HomeMy WebLinkAbout06-3179
GREGG L MORRIS, ESQ.
PATENAUDE & FELIX, A,P,C,
213 K MAIN STREET
CARNEGIE, PA 15106
(412) 429-7675
FACSIMILE (412) 429-7679 ,
P A ID#69006 ~ND
IN THE COURT OF COMMON PLEAS OF CUMBERL COUNTY,
PENNSYLVANIA
L VNV FUNDING, LLC
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) NO, Ol.. 3l7~
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Plaintiff,
v,
ZACHERY A LOBDELL,
Defendant(s),
COMPLAIN IN CIVIL ACTION
Filed on behal of:
LVNVFUND G,LLc',
Plaintiff
Counsel of Re90rd for This Party:
Gregg L Morr s, Esquire
Pa LD, #69006
Patenaude & F lix, A,P,C,
213 East Main treet
Carnegie, PAl 106
(412) 429-767
C~u~l '-rtfl..~
IN THE COURT OF COMMON PLEAS OF CUMBERL~ COUNTY,
PENNSYL VANIA
L VNV FUNDING, LLC"
Plaintiff,
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) NO,
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v,
ZACHERY A LOBDELL,
Defendant
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defen against the claims set forth in
the following pages, you must take action within TWENTY (20) DAY 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, ou are warned that if you fail to
do so the case may proceed without you and a judgment may be entered gainst you by the court without
further notice for any money claimed in the Complaint or for any ot er claim or relief requested by
the Plaintiff. You may lose money or property or other rights impo t to you,
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER T ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE ET FORTH BELOW. TillS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT NG A LAWYER.
IF YOU CANNOT AFFORD TO IDRE A LAWYER, TillS FFICE MAYBE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AG NCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED E OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATI N
32 S. BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERL
PENNSYL VANIA
COUNTY,
L VNV FUNDING, LLc',
Plaintiff,
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~ NO, O~ 317'1
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C!lu{T~
v,
ZACHERY A LOBDELL,
Defendant(s),
COMPLAINT IN CIVIL ACTION
AND NOW, comes Plaintiff, L VNV FUNDING, L.L.c', abo e named, the purchaser
and assignee of the obligation under suit, by and through its attome ,GREGG L. MORRIS,
ESQUIRE and the law offices of PATENAUDE & FELIX, AP,C, d 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 bus in ss at IS South Main
Street, Greenville, SC 2960 I,
2, Defendant is ZACHERY A LOBDELL, an adult indivi ual, believed to
currently reside at 1954 WAGGONERS GAP RD # R, CARLISLE PA 17013-8337,
3, Defendant(s) owes the sum of$3,173,71 for credit exten ed by SEARS,
ROEBUCK & COMPANY to Defendant at account number 01753 4971307
4, Defendant(s) is in default for failing to make payments 0 the aforesaid account
5, L VNV purchased and now owns the aforesaid account copy of an Affidavit
from L VNV and the Bill of Sale or Assignment are collectively reD ed to and attached
hereto as Plaintiff's Exhibit "A" and incorporated herein by referenc .
6, Plaintiff has demanded payment but Defendant(s) has f: 'led or otherwise
refused to pay the aforesaid sum due,
WHEREFORE, Plaintiff demands Judgment in its favor, an against Defendant(s),
in the amount of$3,173,71 with continuing interest thereon at the 1 gal rate from the date of
Judgment plus costs, The aforesaid amount is within the jurisdictio al amount requiring
compulsory Arbitration,
GG ,
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
J110E/lJ)'h
AFFIDAVIT
State of South Carolina
County of Greenville
i
I, Sarah Odom, being first duly sworn on oath, depose and state as follows:
1, I am an Authorized Representative of L VNV Funding LLC an4 I am duly authorized to make this
Affidavit I
2, That account number 0175374971307, ZACHERY A LOBDEtL, ("Account") is owned by
L VNV Funding LLC
3, The Account was acquired by L VNV Funding LLC from its af lliate, Sherman Originator LLC,
4, Upon the acquisition of the Account from Sherman Originator LC, all of Sherman Originator
LLC's interest in the Account was vested in L VNV Funding L C
DATED this 10th day of February, 2006,
Signature
Subscribed and sworn to before me
2~::WYq~~
~y commission expires
Susan G. Argentieri
NoUuy Public:
State of South Carolina
Corml, 8-1&02015
.
BILL OF SALE AND ASSIGNMENT
This 24th day of June, 2003, Sears, Roebuck, and Co, ("Se s"), Sears National
Bank ("SNB"), SRFO, Inc, ("SRFO"), SMTB, Inc, ("SMTB"), S FT, Inc, ("SVFT") and
SLRR, Inc, ("SLRR") (each a "Seller" and collectively, the "Sell s" for value received,
without recourse and without representations or warranties of any type, kind, character or
nature, express or implied, except as provided in the Purchase an Sale Agreement (Bulk
Sale) dated as of June 24, 2003, to the extent permitted by applic Ie law, transfer, sell,
assign, set-over, quitclaim, convey, grant and deliver to Sherman riginator LLC (the
"Buyer") all right, title and interest in and to (i) certain of the Sell s' charged-off Sears
Card and MasterCard consumer credit accounts (including any re eivables arising
thereunder) that are charged off as uncollectible and that are des 'bed on computer files
furnished by the Sellers to the Buyer in connection herewith (the' Accounts"), together
with the right to collect all principal, interest or other proceeds of y kind with respect to
the Accounts remaining due and owing as of the date hereof and ( i) all proceeds derived
from the conversion of any of the Accounts into cash or other liq idated property of such
Accounts after the close of business on June 24, 2003,
The above Accounts do not include, and the Buyer shall n t have any interest in,
any accounts relating to receivables transferred by SRFO to the S ars Credit Account
Master Trust II ("Master Trust II") pursuant to that certain Poolin and Servicing
Agreement, dated as of July 31,1994, as amended (the "Master T st II Agreement"),
among Sears, SRFO and The Bank of New York as successor to ank One, National
Association, as Trustee, except for any consumer account consti tes a "Charged-Off
Account" ( as such term is defined in the Master Trust II Agreem nt) (i) the receivables
under which have been sold by SRFO to the Buyer pursuant to th Purchase Agreement
and (ii) as to which no election has been made to keep such "Ch ged-Off Account" in
Master Trust II pursuant to Section 4,04@ of the Master Trust II greement
The above Accounts do not include, and the Buyer agrees hat it does not and
shall not have any interest in, any accounts relating to receivables transferred by SMTB
to Sears Credit Account Master Trust B ("Master Trust B") purs ant to that certain
Pooling and Servicing Agreement, dated as of December 14, 200~, as may be amended
from time to time (the Master Trust B Agreement"), among Scars SMTB and The Bank
of New York, as Trustee, except for any consumer credit account at constitutes a
"Charged-Off Account" (as such term is defined in the Master T st B Agreement) (i) the
Agreement and (ii) as to which no election has been make to ke such "Charged-Off
Account" in the Master Trust B pursuant to Section 4,04 @ of the Master Trust B
Agreement
The above Accounts do not include, and the Buyer agrees hat it does not and
shall not have any interest in, any accounts relating to receivables transferred by SVFT to
Sears Variable Funding Master Trust pursuant to that certain Pool" ng and Servicing
Agreement, dated as of October 25, 2002, as may be amended fro time to time (the
"Variable Funding Master Trust Agreement"), among Sears, SVF and The Bank of New
York, as Trustee, except for any consumer credit account that con titutes a "Charged-Off
Account" (as such term is defined in the Variable Funding Master! Trust Agreement) (i)
the receivables under which have been sold by SVFT to the Buye~ pursuant to the
Purchase Agreement and (ii) as to which no election has been make to keep such
"Charged-Off Account" in Sears Variable Funding Master Trust 'ursuant to Section 4,04
~ of the Variable Funding Master Trust Agreement
The above Accounts do not include, and the Buyer agrees at it does not and
shall not have any interest in, any accounts relating to receivables transferred by Sears to
SLRR, Inc, ("SLRR") pursuant to certain Purchase Agreement, d ted as of March 25,
2002 and that certain Contribution Agreement, dated as of March , 5,2002, as may be
amended from time to time (together, the "SLRR Agreements"), ~etween Scars and
SLRR, except for any consumer credit account that constitutes a' Char ed-Off Account"
(as such term is defined in the SLRR Agreements) the receivable under which have been
sold by SLRR to the Buyer Pursuant to the Purchase Agreement
SEARS,
Pursuant to the foregoing assignment, the Sellers s ipulate that the Buyer
may be substituted for any Seller as the valid owner of the Acco ts and hereby waives
any notice or hearing requirements imposed by applicable law,
By:
Name:
Title:
SEARS
By:
Name:
Title:
SRFG, INC.
By;
Name: Keith E, Tro
Title: Vice Preside Treasurer and
Assistant S
SMI'B, INC.
By:
Name: Keith E, Tro
Title: Vice Preside
Assistant S
SVFT, INC.
By:
Name: Keith E. Tro
Title: Vice Presi Treasurer
SUR, INC.
By:
Name: Keith E. Tro
Title: President an
Chief ve Officer
.
VERIFICATION
AND NOW, GREGG L MORRIS, verifies the statements m e in this Complaint
that are true and correct to the best of his knowledge, information
understand that false statements herein are made subject to the pena ties ofPa,C,S,
Section 4904, relating to unsworn falsification to authorities,
By virtue of the fact that the Plaintiff is outside the jurisdictio of the Court and
the verification cannot be obtained within the time allowed for the ling of this pleading,
the pleading is submitted by counsel having sufficient knowledge, i formation and belief
based upon the information provided to him by the Plaintiff, The ve 'fication of the party
will be provided if requested,
Date: May 24, 2006
s, re
elix, AP,C,
213 E. Main treet
Carnegie, PA 15106
(412)429-76 5
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2006-03179 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
LVNV FUNDING LLC
VS
R. Thomas Kline
[Sheriff or Deputy Sheriff, who being
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LOBDELL ZACHERY A
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duly sworn according to law[ says[ that he made a diligent search and
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inquiry for the within named DEFENDANT
LOBDELL ZACHERY A
but was
unable to locate Him In his bailiwick. He therefore returns the
COMPLAINT & NOTICE
[ NOT FOUND [ as to
the within named DEFENDANT
[ LOBDELL ZACHERY A
1954 WAGGONERS GAP ROAD #R
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CARLISLE [ PA 17013
PER POST OFFICE[ DEFENDANT MOVED AND
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LEFT NO FORWARDING ADDRESS.
18.00
4.40
5.00
10.00
.39
37.79/
(j,- '1 Info ("
Sworn and Subscribed to before
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
Postage
~~~7
R. Thomas Kline
Sheriff of Cumberland County
ARTHUR KUSIC
06/15/2006
me this
day of
A.D.
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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. 06-3179
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L VNV FUNDING, LLC
Plaintiff,
v.
ZACHERY A LOBDELL ,
PRAECIPE TO SETTLE
AND DISCONTINUE
WITHOUT PREJUDICE
Filed on behalf of:
L VNV FUNDING, LLC,
Plaintiff
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa J.D. #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)
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) NO. 06-3179
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L VNV FUNDING, LLC,
Plaintiff
v.
ZACHERY ALOBDELL,
PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE
TO: Prothonotary
Please settle and discontinue the matter captioned above without prejudice. Thank you.
Date: February 07,2007
GRE
aude & Felix,
13 E. Main Street
Carnegie, P A 15106
(412) 429-7675
Sworn to and subscribed before me
thisldayofH)..,N"'j 200"
~ "^-~ ~ r-
Notary Public a==
NOTARIAl SEAL
ERIN N BAlTZEll
Notary Public
~NfGIE BOROUGH. AllEGHENY COUNlY
My Commission Expires Jut 21 . 2010
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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:
ZACHERY A LOBDELL
1954 W AGGONERS GAP RD # R
CARLISLE, PA 17013-8337
Date: February 07, 2007
G eg
Pa ude & Felix, A.P.C.
ttorneys for Plaintiff
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
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