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 Veterans 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 IRSThird 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 (Donot citejurisdictional statutesunlessdiversity):
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
LNV CORPORATON
Collin County, TX
Ronald G. Steen, Jr., Stites & Harbison PLLC
401 Commerce St., Suite 800, Nashville, TN 37219
(615) 782-2280
CATHERNE GEBHARDT
28 U.S.C. 1332 (and venue is 28 U.S.C. 1391)
breach of contract
350,000.00
09/05/2012 s/Ronald G. Steen, Jr.
Case 3:12-cv-00468 Document 1-4 Filed 09/05/12 Page 1 of 1 PageID #: 18
17220N:120959:957289:2:NASHVILLE
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE
KNOXVILLE DIVISION
LNV CORPORATION,
Plaintiff,
v.
CATHERINE GEBHARDT,
Defendant.
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)
)
)
)
)
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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, PLLC
401 Commerce Street, Suite 800
Nashville, TN 37219-2376
(615) 782-2280 Fax: (615) 742-7238
Email: ronald.steen@stites.com
Counsel for Plaintiff, LNV Corporation
Case 3:12-cv-00468 Document 1-5 Filed 09/05/12 Page 1 of 2 PageID #: 23
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
956646:3:NASHVILLE
IN THE UNITED STATES DISTRICT COURT
FOR 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
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 attorneys 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 Defendants 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 attorneys fees,
Case 3:12-cv-00468 Document 1 Filed 09/05/12 Page 2 of 3 PageID #: 2
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, PLLC
401 Commerce Street, Suite 800
Nashville, TN 37219-2376
(615) 782-2280 Fax: (615) 742-7238
Email: ronald.steen@stites.com
Counsel for Plaintiff, LNV Corporation
Case 3:12-cv-00468 Document 1 Filed 09/05/12 Page 3 of 3 PageID #: 3









o
t tDPLX
03/04/09
CATHERINE GEBHADT
3753 THOMAS CROS S ROAD
SEVIERVILLE TN 37876
RE: Account Number
Property Address
0359526020
3753 THOMAS CROSS ROAD
SEVIERVILLE TN 37876-0000
Dear CATHERINE GEBHADT
Our records indicate the above-referenced mortgage loan is in
default.
Your account is due for 12/01/08, and succeeding payments. This
is a demand for payment of the total amount due and owing as of
the date of this letter, which is as follows:
Payments ...............................
Late Charges ...........................
Fees, Costs, and other amounts accrued
to date .............................
Suspense ...............................
. Total Amount Due .......................
$
11267.24
$
1684.78
$
94.50
$
1323.83
$
11722.69
You may cure the defaul t by paying the total amount due,
indicated above, within thirty (30) days from the date of this
letter. You are also responsible for paying any additional
payments, fees, and charges that become due during this 30-day
period. Payments must be made in certified funds or cashier's
check. If funds tendered are not honored for any reason, the
default will not be cured. Our acceptance of any funds less
than the total amount due shall not constitute a waiver of our
rights and/or remedies under the loan documents or applicable
law.
(continued on back)
l
EXHIBIT
$
Case 3:12-cv-00468 Document 1-2 Filed 09/05/12 Page 1 of 2 PageID #: 13
o
03/04/09
Account Number 0359526020
Page Two
You are hereby notified your credit rating may be adversely
affected if you fail to fulfill the terms of your credit
obligations. You. are also notified we may visit the
above-referenced property from time to time to determine its
condi tion and occupancy status, the costs of which you will be
responsible for.
Unless we receive full payment of all past-due amounts, we will
accelerate the maturity of the loan, declare the obligation due
and payable without further demand, and begin foreclosure
proceedings. This could result in the loss of your property.
You have the right to assert or defend the non-existence of a
default and you may have other rights under state law.
Once in foreclosure, you have the right to reinstate your
account up to five days prior to the foreclosure sale of the
property if: 1) you pay the total amount due plus any fees, costs
and other amounts accrued through the reinstatement date, and 2)
you take any other action reasonably required by us to assure the
security of the property, as well as your obligations under the
loan documents continue in full force and effect.
HUD-approved counseling is available on FHA guaranteed loans by
calling 800-569-4287. If you would like to discuss any matter
contained in this notice, we encourage you to contact our loan
counselors immediately at 800-850-4622.
Collection Department
Loan Servicing
Notice - This is an attempt to collect a debt and any information
obtained will be used for that purpose. If your debt has been
discharged in bankruptcy, our rights are being exercised against
the collateral for the above-referenced loan, not as a personal
liability.
5020
Case 3:12-cv-00468 Document 1-2 Filed 09/05/12 Page 2 of 2 PageID #: 14
STITES8iHABISON PLLC
~i.~:EJ"Jjj;J-i:~'Q!~,, tf&,f,%t";h'"'~~;;'da:~3.~
ATTORNEYS
Sun Trust Plaza
401 Commerce Street
Suite 800
Nashville, TN 37219
(615) 782-2200
(615) 782-2371 Fax
VVW. stites. c om
August 31, 2012
BY CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ronald G. Steen, Jr.
(615) 782-2280
(615) 742-7238 FAX
ronald.steen@stites.com
Also admitted in Alabama
Catherine Gebhardt
3753 Thomas Cross Road
Seviervile, TN 37876
RE: LNV Corporation, a Nevada corporation ("LNV")
Loan No.: 1423946779
Property Address: 3753 Thomas Cross Road, Seviervile, TN 37876
Principal Balance: $348,771.21
Dear Ms. Gebhardt:
This firm represents LNV, the payee and holder of the Loan described above. LNV has
notified me that the Loan is in default. As of the date of this letter, the full balance of the Loan
has been accelerated and you owe $348,771.21, of
which $234,914.99 constitutes the principal
amount due and owing ("Indebtedness"). Because of interest, late charges, and other charges
that may vary from day to day, the amount due on the day you pay may be greater. Hence, if
you
pay the amount shown above, an adjustment may be necessary after we receive your check, in
which event LNV may deposit your check and then seek the remainder of the adjusted balance of
the Indebtedness from you. If you want an updated balance before you make your payment, then
write to the undersigned before making the payment.
TilS FIRM is A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT
A DEBT AND ANY INFORMATION OBtAINED WILL BE USED FOR THAT
PURPOSE.
Federal law gives you thirt (30) days after you receive this letter to dispute the validity
of the debt evidenced by the Loan or any part of it. If you dispute it - by notifying me in writing
to that effect - I wil obtain and mail to you proof of the debt. If, during the sarne period, you
request in writing the name and address of your original creditor, if the original creditor is
different from LNV, I wil furnish you with that information also. The law does not require me to
wait until the end of the 30-day period before taking action to collect this debt. If, however, you
request proof of the debt or the name and address of the original creditor within the 30-day
period that begins with your receipt of this letter, the law requires me to suspend my efforts
(through litigation or otherwise) to collect this debt until I mail the requested information to you.
EXHIBIT
Alemmdria, VA Atlanta, G'~ Frankfort, KY Franklin, Tf\ Jeffersonvile, I~J ledngton, KY
I
louisville, KY ..
t
Case 3:12-cv-00468 Document 1-3 Filed 09/05/12 Page 1 of 3 PageID #: 15
STITES 8i HABISON PUC
C::'T:,::t:-=~:r~:i"''t E:E,io:Z:.-:''?'';t'":3~::d:i
ATTORNEYS
Catherine Gebhardt
August 31, 2012
Page 2
Please disregard this letter if either you have already cured the default or a banuptcy
petition has been filed on your behalf.
cc: Jeff Tschirhart, Esq.
1 7220N: 120959:956650: 1 :NASHVILLE
Case 3:12-cv-00468 Document 1-3 Filed 09/05/12 Page 2 of 3 PageID #: 16
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Certified
Mail
Receipt
Domestic Mail Only
No Insurance
Coverage Provided
SentTo:
5r\I
Certified Fee
Total Postage & Fees
$
Catherine Gebhardt
3753 Thomas Cross Road
Sevierville, TN 37876
Case 3:12-cv-00468 Document 1-3 Filed 09/05/12 Page 3 of 3 PageID #: 17