HomeMy WebLinkAbout06-5229
.
GREGG L. MORRIS, ESQ.
PATENAUDE & FELIX, A.P .C.
213 E. MAIN STREET
CAIDlEGIE, 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. DL.. -.s :J.J.?
)
)
)
)
)
)
)
(],~~L ~~
LVNV FUNDING, LLC
Plaintiff,
v.
ANN A MUMMA,
COMPLAINT IN CIVIL ACTION
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
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
L VNV FUNDING, LLC, )
)
Plaintiff, ) NO.
)
v. )
)
ANN A MUMMA , )
)
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 wamed 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 TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIDS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIDS 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 TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
L VNV FUNDING, LLC,
Plaintiff
)
~ NO. 6(,- 6':t:l? G;u~L'-r~
)
)
)
)
)
)
)
v.
ANN A MUMMA,
Defendant
COMPLAINT IN CIVIL ACTION
AND NOW, comes Plaintiff, LVNV FUNDING, LLC the purchaser and assignee of
the 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, LLC, is a corporation, maintaining a place of
business at 15 SOUTH MAIN ST BOX 10369, GREENVILLE, SC 29601.
2. Defendant is ANN A MUMMA , an adult individual, believed to currently reside
at 837 N WALNUT ST , MECHANICSBURG, P A 17055.
3. Defendant owes the sum of$3,508.22 for credit extended by Providian Financial
Corp to Defendant at Account No. 4361452701333286 .
4. Providian Financial Corp sent Defendant monthly billing statements setting forth
the nature and amount of all charges made by Defendant, and the transactions between
Providian Financial Corp and Defendant give rise to an account stated, upon which Plaintiff
and Providian Financial Corp have relied.
.
5. The Defendant made payments on the account, but has refused to pay, and now
refuses to pay the balance due and owing on the aforesaid account in the sum of $3,508.22,
plus interest and costs.
6. Defendant is in default for failing to make payments on the aforesaid account
when payments were due.
7. Plaintiff purchased and now owns the aforesaid account. A copy of a Billing
Statement is attached hereto as Plaintiffs Exhibit "A" and is incorporated herein by
reference.
8. Plaintiff has demanded payment but Defendant has failed or otherwise refused to
pay the aforesaid sum due.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in
the amount of$3,508.22, plus legal interest from the date of breach, with continuing interest
at the legal rate thereon from the date of Judgment plus costs. The damages requested are
less than the maximum amount for compulsory arbitration as set by the Court.
Respectfully Submitted:
.
Qqrw.'14q~
ptt
AFFIDAVIT
State of South Carolina
County of Greenville
I, Steve Hawkins, being first duly sworn on oath, depose and state as follows:
1. I am an Authorized Representative of L VNV Funding LLC and I am duly authorized to make this
Affidavit.
2. That account number 4361452701333286, ANN A MUMMA, ("Account") is owned by L VNV
Funding LLC
3. The Account was acquired by LVNV 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 18th day of April, 2006.
~
Signature
~
s''ni pit '1\ ,.
Susan G, Argentieri
Notary Public
State of South Carolina
Comm. , 11-111-2015
.
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 ofthe 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: August 01, 2006
g 0 s, quire
enaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
(.:)
1-~
- ~
~ (1;.
€It ~
r-
-
~
't;\
.
tI1
0'
~
E-
o
~i.
"
,-..>
<::;~J
,-';:~
d'
f:;~ ::t ~~
~'c) In F:
_" i~(l
1 ~r~ ~~
:;"\2 ~i~
> '
{:~_\cn
...,,-,..
~-:;J
::.,;
8
o
"rl
C'
c.,o
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
L VNV FUNDING, LLC
Plaintiff,
)
)
) NO. 06-5229
)
)
)
)
)
)
)
v.
ANN A MUMMA,
Defendant(s).
PRAE CIPE FOR
DEFAULT 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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
L VNV FUNDING, LLC, )
)
Plaintiff ) NO. 06-5229
)
v. )
)
ANN A MUMMA, )
)
Defendant( s) )
)
PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
Please enter ajudgment against the Defendant(s), above named, for failure to file an Answer
to Plaintiffs complaint.
Amount claimed in Complaint
Interest from December 20, 2005
Attorney's fees
TOTAL
$3,508.22
$0.00
$0.00
$3,508.22
With continuing interest on the principal amount of $3,508.22, 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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
L VNV FUNDING, LLC, )
)
Plaintiff ) NO. 06-5229
)
v. )
)
ANN A MUMMA, )
)
Defendant( s) )
)
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA.R.C.P. l037(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), ANN A MUMMA, 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.
G S, UIRE
de & Felix, A.P.C.
13 E. Main Street
Carnegie, P A 15106
(412) 429-7675
9/WJA subscJ:ibAe~ b~fore me
'f 'day of V C;/1J~20Pk-,
';1, (jLdbJ
NOTARIP.L SEAL
TERESA L LESKO
I'.kl, J'V Public
CADI'.,riF 8U,OLJGH
!\l,[ f "Hi ;'U CCIlJhlTY
My CommiSSion [.xpires Feb 11. 2008
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. 06-5229
)
)
)
)
)
)
)
L VNV FUNDING, LLC
Plaintiff,
v.
ANN A MUMMA,
IMPORT ANT NOTICE
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant( s)
)
)
) NO. 06-5229
)
)
)
)
)
)
)
L VNV FUNDING, LLC,
Plaintiff
v.
ANN A MUMMA,
To: ANN A MUMMA
837 N WALNUT ST
MECHANICSBURG, P A 17055
Date of Notice: October 11, 2006
YOU ARE IN DEF AUL T 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
IMPORT ANT 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 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
ESQ
naude & Felix, A.P.C.
13 E. Main Street
Carnegie, P A 15106
(412) 429-7675
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:
ANN A MUMMA
837 N WALNUT ST
MECHANICSBURG, P A 17055
t--..
Date: October 11, 2006
re s, qUIre
enaude & Felix, A.P.C.
Attorneys for Plaintiff
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
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
L VNV FUNDING, LLC
v.
ANN A MUMMA,
Plaintiff,
Defendant( s).
)
)
) NO. 06-5229
)
)
)
)
)
)
)
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 I.D. #69006
Patenaude & Felix, A.P.C.
213 East Main Street
Carnegie, PA 15106
(412) 429-7675
ii
-
F "
~ ~
r~
D ""4-
1 ~
~ D
~P:J
--()E
~
" '
o
C
......-::;
,.....,
=
-:.:::.::)
Cr'\
o
--n
:;:l
---n
nl----
"
-orn
~_nr!
~'J~~
_, ji
;.~ ~;?;
~"}
--'
..,.1
~
-<
o
('"-:>
-i
N
,,~
:2
1'..)
..
C:J
N
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
L VNV FUNDING, LLC, )
)
Plaintiff ) NO. 06-5229
)
v. )
)
ANN A MUMMA, )
)
Defendant( s) )
)
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 {)t:--I :l.l.,( ~6rjlo
( ) 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$3,508.22, plus cost.
( ) District Justice Transcript of Judgment 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.
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
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-05229 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LVNV FUNDING LLC
VS
MUMMA ANN A
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
MUMMA ANN A
the
DEFENDANT
, at 2046:00 HOURS, on the 20th day of September, 2006
at 837 N WALNUT ST
MECHANICSBURG, PA 17055
by handing to
ANNA MUMMA
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
9.68
.00
10.00
.00
37 . 687
~ /0/04/0("
r'"~d<~
R. Thomas Kline
09/21/2006
PATENAUDE & FELIX
Sworn and Subscibed to By:
before me this day
of A.D.