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JS 44 (Rev. ) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS (b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff) (For Diversity Cases Only) and One Box for Defendant) 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State 2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust 140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce & Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation 151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 470 Racketeer Influenced and 152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations Student Loans 340 Marine Injury Product 480 Consumer Credit (Excl. Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV 153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/ of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange 160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions 190 Other Contract Product Liability 380 Other Personal 740 Railway Labor Act 864 SSID Title XVI 891 Agricultural Acts 195 Contract Product Liability 360 Other Personal Property Damage 751 Family and Medical 865 RSI (405(g)) 893 Environmental Matters 196 Franchise Injury 385 Property Damage Leave Act 895 Freedom of Information 362 Personal Injury - Product Liability 790 Other Labor Litigation Act Med. Malpractice 791 Empl. Ret. Inc. 896 Arbitration REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS 899 Administrative Procedure 210 Land Condemnation 440 Other Civil Rights 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act/Review or Appeal of 220 Foreclosure 441 Voting Sentence or Defendant) Agency Decision 230 Rent Lease & Ejectment 442 Employment Habeas Corpus: 871 IRS—Third Party 950 Constitutionality of 240 Torts to Land 443 Housing/ 530 General 26 USC 7609 State Statutes 245 Tort Product Liability Accommodations 535 Death Penalty IMMIGRATION 290 All Other Real Property 445 Amer. w/Disabilities - 540 Mandamus & Other 462 Naturalization Application Employment 550 Civil Rights 463 Habeas Corpus - 446 Amer. w/Disabilities - 555 Prison Condition Alien Detainee Other 560 Civil Detainee - (Prisoner Petition) 448 Education Conditions of 465 Other Immigration Confinement Actions V. ORIGIN Transferred from another district (specify) (Place an “X” in One Box Only) 1 Original Proceeding 2 Removed from State Court 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 6 Multidistrict Litigation VI. CAUSE OF ACTION Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Brief description of cause: VII. REQUESTED IN COMPLAINT: CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 DEMAND $ CHECK YES only if demanded in complaint: JURY DEMAND: Yes No VIII. RELATED CASE(S) IF ANY (See instructions): JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE ˚ ˛—˛ –··•² –«²‹§ ¨ ˛–²¿·… ˝‹»»² fi ˝‹•‹»› œ ¿fi•›–² — –‡‡»fi‰» ˝‹ ˝«•‹» L ¿›‚“•··» Ø lŒº ØLL ˛ ˛ L ¸˝ y l¿²… “»²«» •› L ¸˝ y fi»¿‰‚ –” ‰–²‹fi¿‰‹ º æºæ ›æ˛–²¿·… ˝‹»»² fi Case 3:12-cv-00468 Document 1-4 Filed 09/05/12 Page 1 of 1 PageID #: 18

LNV Corporation vs. Catherine Gebhardt

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LNV Corporation, a company created by the infamous Texas gambler D. Andrew Beal, sole owner of Beal Bank, to launder money brought a Breach of Contract Complaint against a single mom after they failed to make an appearance in a State Court where she had filed a complaint against them and others.D. Andrew Beal creates sham companies to launder money and evade taxes. His MGC Mortgage is allegedly a "mortgage servicer" but does not appear to have an IRS EIN or "tax ID" number or a bank account. Homeowners who wrote checks payable to MGC discovered that the checks were deposited into bank accounts belonging to other businesses. MGC's corporate address is an empty lot in Plano TX and several of the numerous different addresses they gave to homeowners for mortgage payments are equally invalid addresses. MGC routinely "loses" homeowner payments and then claims homeowners are in default on their mortgages.D. Andrew Beal

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Page 1: LNV Corporation vs. Catherine Gebhardt

JS 44 (Rev. ) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as providedby local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiatingthe civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OFTHE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff)(For Diversity Cases Only) and One Box for Defendant)

1 U.S. Government 3 Federal Question PTF DEF PTF DEFPlaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4

of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only)

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce

& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 470 Racketeer Influenced and152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations

Student Loans 340 Marine Injury Product 480 Consumer Credit(Excl. Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV

153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange

160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions190 Other Contract Product Liability 380 Other Personal 740 Railway Labor Act 864 SSID Title XVI 891 Agricultural Acts195 Contract Product Liability 360 Other Personal Property Damage 751 Family and Medical 865 RSI (405(g)) 893 Environmental Matters196 Franchise Injury 385 Property Damage Leave Act 895 Freedom of Information

362 Personal Injury - Product Liability 790 Other Labor Litigation ActMed. Malpractice 791 Empl. Ret. Inc. 896 Arbitration

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS 899 Administrative Procedure210 Land Condemnation 440 Other Civil Rights 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act/Review or Appeal of220 Foreclosure 441 Voting Sentence or Defendant) Agency Decision230 Rent Lease & Ejectment 442 Employment Habeas Corpus: 871 IRS—Third Party 950 Constitutionality of240 Torts to Land 443 Housing/ 530 General 26 USC 7609 State Statutes245 Tort Product Liability Accommodations 535 Death Penalty IMMIGRATION290 All Other Real Property 445 Amer. w/Disabilities - 540 Mandamus & Other 462 Naturalization Application

Employment 550 Civil Rights 463 Habeas Corpus -446 Amer. w/Disabilities - 555 Prison Condition Alien Detainee

Other 560 Civil Detainee - (Prisoner Petition)448 Education Conditions of 465 Other Immigration

Confinement Actions

V. ORIGINTransferred fromanother district(specify)

(Place an “X” in One Box Only)

1 OriginalProceeding

2 Removed fromState Court

3 Remanded fromAppellate Court

4 Reinstated orReopened

5 6 MultidistrictLitigation

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:

VII. REQUESTED INCOMPLAINT:

CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint:

JURY DEMAND: Yes No

VIII. RELATED CASE(S)IF ANY

(See instructions):JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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Case 3:12-cv-00468 Document 1-4 Filed 09/05/12 Page 1 of 1 PageID #: 18

Page 2: LNV Corporation vs. Catherine Gebhardt

17220N:120959:957289:2:NASHVILLE

IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TENNESSEE

KNOXVILLE DIVISION

LNV CORPORATION,

Plaintiff,

v.

CATHERINE GEBHARDT,

Defendant.

)))))))))

Civil Action No. 3:12-cv-00468

CORPORATE DISCLOSURE STATEMENT

Pursuant to Rule 7.1, Fed. R. Civ. Pro., LNV Corporation makes the following

disclosures:

1. LNV Corporation is a Nevada corporation and a wholly owned subsidiary of Beal

Bank USA, a Nevada industrial loan corporation. Beal Bank USA is wholly owned by Beal

Financial Corporation, a Texas corporation. Beal Bank USA and Beal Financial Corporation are

not publicly traded corporations.

2. No publicly held company owns ten-percent (10%) or more of the named parties’

stock.

Respectfully submitted,

s/Ronald G. Steen, Jr.Ronald G. Steen, Jr. (Sup. Ct. No. 020536)Kevin P. Hartley (Sup. Ct. No. 029199)STITES & HARBISON, PLLC401 Commerce Street, Suite 800Nashville, TN 37219-2376(615) 782-2280 Fax: (615) 742-7238Email: [email protected] for Plaintiff, LNV Corporation

Case 3:12-cv-00468 Document 1-5 Filed 09/05/12 Page 1 of 2 PageID #: 23

Page 3: LNV Corporation vs. Catherine Gebhardt

17220N:120959:957289:2:NASHVILLE 2

CERTIFICATE OF SERVICE

I hereby certify that on September 5, 2012 the foregoing was filed through the CM/ECF system, served electronically upon all Filing Users accepting Notice of Electronic Filing, and placed with a process server, along with the court-issued summons and copy of the Complaint, for hand delivery and service upon Catherine Gebhardt, 3753 Thomas Cross Road, Sevierville, TN 37876.

s/Ronald G. Steen, Jr.Ronald G. Steen, Jr.

Case 3:12-cv-00468 Document 1-5 Filed 09/05/12 Page 2 of 2 PageID #: 24

Page 4: LNV Corporation vs. Catherine Gebhardt

956646:3:NASHVILLE

IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TENNESSEE

KNOXVILLE DIVISION

LNV CORPORATION,

Plaintiff,v.

CATHERINE GEBHARDT,

Defendant.

))))))))

Civil Action No.

COMPLAINT

LNV Corporation, a Nevada corporation (“LNV”), files this Complaint, and for its cause

of action would state as follows:

PARTIES, JURISDICTION, AND VENUE

1. LNV is a Nevada corporation with its principal place of business at 6000 Legacy

Drive, Plano, TX 75024.

2. Defendant Catherine Gebhardt (“Defendant”) is a citizen and resident of the State

of Tennessee over the age of eighteen (18), residing in Sevierville, Sevier County, Tennessee.

3. The Court has jurisdiction over this action pursuant to 28 U.S.C. § 1332 because

this is a civil action in which the amount in controversy exceeds, exclusive of interest and costs,

the sum of $75,000.00 and where the issues of law and fact are wholly between citizens of

different states.

4. LNV alleges that Defendant resides in Sevierville, Tennessee. Venue is proper in

this District pursuant to 28 U.S.C. § 1391.

FACTS

5. On November 7, 2002, Defendant obtained a loan from Sebring Capital Partners,

Limited Partnership (“Sebring”) in the original principal amount of $243,100.00 for the purchase

of a home evidenced by that certain Adjustable Rate Note executed by Plaintiff on the same date

Case 3:12-cv-00468 Document 1 Filed 09/05/12 Page 1 of 3 PageID #: 1

Page 5: LNV Corporation vs. Catherine Gebhardt

956646:3:NASHVILLE 2

(the “Loan,” attached hereto as Exhibit A).

6. The Loan was fully funded to Defendant.

7. The Loan was subsequently assigned by Sebring and is currently held by LNV.

8. Defendant has defaulted on her obligations to LNV per the terms of the Note.

9. On or about March 4, 2009, LNV notified Defendant of the default under the

terms of the Note (“Demand Letter”), and the entire amount due and owing thereunder was

subsequently accelerated after Defendant failed to cure the default within thirty (30) days from

the date of the Demand Letter. A reproduction of the Demand Letter is attached hereto as

Exhibit B.

10. On or about August 31, 2012, LNV, by and through counsel, sent a second default

and demand letter to Defendant. A true and correct copy of the August 31, 2012 letter is

attached hereto as Exhibit C.

11. As of August 31, 2012, the principal balance owed under the Note is $234,914.99,

plus interest, charges and fees, including attorney’s fees, all of which continue to accrue.

COUNT ONE

12. LNV incorporates by reference the allegations contained in Paragraphs 1-11

above.

13. Defendant has breached the terms of the Note by failing to pay the amounts due in

accordance with the repayment schedule.

14. LNV has fully performed its obligations under the Note.

15. The indebtedness under the Note remains unpaid.

16. LNV has been damaged by Defendant’s breach of her obligations under the Note

in an amount to be proven at trial, including without limitation the balance of the Note, plus all

accrued interest, as of the date of entry of judgment, fees, and costs, including attorney’s fees,

Case 3:12-cv-00468 Document 1 Filed 09/05/12 Page 2 of 3 PageID #: 2

Page 6: LNV Corporation vs. Catherine Gebhardt

956646:3:NASHVILLE 3

incurred and to be incurred to collect the indebtedness owed under the Note.

PRAYER FOR RELIEF

WHEREFORE, LNV prays that the Court enter judgment in its favor against the

Defendant in an amount to be proven at trial, including, without limitation, all interest through

the date of judgment, all fees, costs, and an award of attorneys’ fees, and that this Court provide

other appropriate relief.

Respectfully submitted,

s/Ronald G. Steen, Jr.Ronald G. Steen, Jr. (Sup. Ct. No. 020536)Kevin P. Hartley (Sup. Ct. No. 029199)STITES & HARBISON, PLLC401 Commerce Street, Suite 800Nashville, TN 37219-2376(615) 782-2280 Fax: (615) 742-7238Email: [email protected] for Plaintiff, LNV Corporation

Case 3:12-cv-00468 Document 1 Filed 09/05/12 Page 3 of 3 PageID #: 3