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Home My WebLink About08-5525IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC PO Box 2036 Warren, MI 48090 vs. KEITH E BARTLES 245 REDWOOD LN CARLISLE PA 17015 : CIVIL ACTION Plaintiff : NO: 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 to Defend are served, by entering a written appearance personally or by an 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC PO Box 2036 CIVIL ACTION Warren, MI 48090 Plaintiff VS. NO: 0.?- C4 ? KEITH E BARTLES 245 REDWOOD LN CARLISLE PA 17015 Defendant COMPLAINT Plaintiff, ASSET ACCEPTANCE LLC , by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, ASSET ACCEPTANCE LLC , (hereinafter "Plaintiff") is a Michigan corporation with a principal place of business located at PO Box 2036 Warren, MI 48090. 2. The Defendant KEITH E BARTLES (hereinafter "Defendant") is an adult individual residing at 245 REDWOOD LN CARLISLE PA 17015. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by HSBC Consumer Lending (US with the account number 71171500562721. 5. The within account was sold by HSBC Consumer Lending (US to ASSET ACCEPTANCE, LLC for valuable consideration and all rights under said accounts were assigned to ASSET ACCEPTANCE, LLC. (See, Bill of Sale, Affidavit and Assignment attached hereto as Exhibit "A.") 6. Use of the HSBC Consumer Lending (US credit card was subject to the terms of the Cardmember Agreement, a copy of which was sent to the Defendant along with the credit card. 7. Defendant used the HSBC Consumer Lending (US credit card account number71171500562721, for purchases, cash advances and/or balance transfers. 8. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. (See, Card Statements attached hereto as Exhibit "B.") 9. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 10. The account became delinquent. 11. The principal amount was $9,116.88 at the time it was received by Plaintiff. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 18. 13. The total amount due and owing the Plaintiff including interest, is $11,526.67. 14. Pursuant to the terms of the Agreement, Defendant is liable to Plaintiff for court costs and reasonable attorney's fees. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $11,526.67 plus costs of suit, reasonable attorneys' fees and any other relief as the Court deems just and appropriate. A. Abrahamsen & Michael F. Ratchford, E Heather K. Woodruff sq Attorney I.D. Nos.- 6285 1729 Pittston Ave e Scranton, PA 18505 mratchford@eaa-law.com hoodruff@eaa-law.com VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, ASSET ACCEPTANCE LLC, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. ?M1?ia- I'•! STATE OF MICHIGAN ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC } Plaintiff, ) vs ) AFFIDAVIT KEITH E BARTLES BARBARA BARTLES ) Defendant, ) I, Judy Melas? being first duly sworn deposes and states: That I am the Supervisor of ASSET ACCEPTANCE, LLC a Limited Liability company organized and existing under the laws of the State of Delaware and doing business at P.O. BOX 2041, WARREN, MI 48090. That there is justly due and owing on the account, the sum of $11068.08 representing the charged off amount and interest. That the said account originally with HSBC CONSUMER LENDING USA/, account number 71171500562721, has been purchased by ASSET ACCEPTANCE, LLC, who now owns said account and has a] I rights connected therewith including the right to institute this action. That we have been unable to determine if the Defendant is in the military service of the United States of America. Further, we are unable to determine if the Defendant is entitled to rights and privileges provided under the Servicemembers Civil Relief Act. Dated this 24th day of June, 2008. jupervtsoV Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 24th of June, 2008 as certified by my hand as set forth immediately below. Notary li , L M WEST Notary Public • Mlchlgan Wayne County My Commission Expkes 2 201 Acting in the County of 35528324 0? u 1059 EDWIN A ABRAHAMSEN a .X 646L. Q f ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 ACCOUNT NUMBER CURRENT BALANCE 71171500562721 $11068.08 STATEMENT DATE DUE DATE JUN 24 2008 DUE KEITH E BARTLES BARBARA BARTLES 245 REDWOOD LN CARLISLEYA 17015 ACCOUNT NUMBER DATE OF LAST PAYMENT 71171500562721 11/17106 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE JUN 24 2008 35528324 BALANCE DUE $11068.08 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF 71171500562721 P.O. Box 2036, Warren, M148090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 06/04/06 11/27/07 9116.88 18.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF JUN 24 2008 $1951.20 *For purposes of this Statement only, Charge Off Amount reflects credits for payments received by Asset, if any. THIS COMMUNICATION IS FROM A DEBT COLLECTOR 35528324 1059 EDWIN A ABRAHAMSEN a r n aJ'.Y e' '. IM ;.,. C .. c. C/I ""r7 co -rt w L SHERIFF'S RETURN - REGULAR CASE NO: 2008-05525 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ASSET ACCEPTANCE LLC VS BARTLES KEITH E SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BARTLES KEITH E the DEFENDANT , at 0901:00 HOURS, on the 20th day of September, 2008 at 245 REDWOOD LN CARLISLE, PA 17015 SELENA BARTLES, WIFE by handing to 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 /u 18.00 6.00 .00 10.00 .00 34.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 09/22/2008 EDWIN AB S & A OCIATES By: Deputy-,,Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC PO BOX 2036 WARREN, MI 48090 vs. KEITH E BARTLES 245 REDWOOD LN CARLISLE PA 17015 Defendant CIVIL DIVISION NO: 08-5525-CIVIL TERM ? I PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE CLERK OF JUDICIAL RECORDS: Kindly enter judgment by default for failure to respond to Plaintiff s Complaint in the amount of $11,526.67. Notice of the intent to file a default judgment was served upon the Defendant on June 21, 2011. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." Edwin A. A rahamsen & Associa , P.C. Michael F.16 tchford, Esquire Attorney I.D. No.: 86285 Attorney for Plaintiff s gi`?DO?d C i? kt 131$0 JUDGMENT atZ4-1 o0 AND NOW, this day of 20 l Judgment is hereby entered in Nb? CA favor of the Plaintiff, ASSET ACCEPTANCE LLC an against the Defendant, KEITIJ E BARTLES in the amount of $11,526.67 for failure to respond to Plaintiffs Complaint. PROTHONOTARY OR, J. 41. ?••? F• L Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC PO BOX 2036 WARRF,1\f, MI 48090 vs. KEITH E BARTLES 245 REDWOOD LN CARLISLE PA 17015 Plaintiff Defendant CIVIL DIVISION NO: 08-5525-CIVIL TERM CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below. I served a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: KEITH E B.ARTLES 245 REDWOOD LN CARLISLE PA 17015 Date: September 7, 2011 Edwin A. Abrahamsen & Associates, P.C. f' "Micha?Ratchford, Esquire / Attorney I.D. No.: 86285 120 N. Keyser Avenue Scranton, PA 18504 (570) 558-5510 ASSET ACCEPTANCE LLC PO BOX 2036 WARREN, MI 48090 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division Plaintiff vs. KEITH E BARTLES 245 REDWOOD LN CARLISLE PA 17015 NO: 08-5525-CIVIL TERM Defendant NOTICE OF FILING JUDGMENT Notice is hereby given that a money judgment in the above-captioned matter has been entered against you in the amount of $ on By:-- If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 120 N. Keyser Avenue Scranton, PA 18504 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236) ASSET ACCEPTANCE LLC PO BOX 2036 WARREN, MI 48090 Plaintiff vs. KEITH E BARTLES 245 REDWOOD LN CARLISLE PA 17015 Defendant State of Pennsylvania County of CUMBERLAND SS: In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division NO: 08-5525-CIVIL TERM AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): KEITH E BARTLES is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): KEITH E BARTLES is(are) older than eighteen years of age; That the employment status of the defendant(s): KEITH E BARTLES is(are) unknown. Mich4dl F. Ratchford, Esquire Subscribed before m?this day of / 20 L Z -- Notary Public EF :'91I &F:=•H='I:ISEn MirH"El F. F:=.T_HF:_-kl, HE=THEF:I:. ;°'::DF+.+FF` = MEMBER OF FL e. -'F! 'fit THE LAW OFFICE OF El:knlN A. AU -UUU_'Etd VAIAKIXAA-LAVO-014 June 21. 201 1 KEITI-I E 13ARTLES 245 REDWOOD LN CARLISLI~. PA 17015 Re: ASSET ACCEPTANCE LLC N'. KEITH E BARTI,ES CUMBERLAND County Civi!Action No.:08-5525-CIVIL 7'F,R2,-V Our file No.: AA8-1006/TS Dear KEITA E BARTLES: Enclosed please find the Ten Day Notice of Intent to Take Default in regard to the above- noted matter. Please act accordingly. If you have any questions or wish to discuss your outstanding account, please contact me at (570) 558-5510. Edwin A. Abrahamsen & .Associates, Z?? Kevin J. /,- Esquire Enclosure This is a communication from a debt collector in an attempt to collect a debt. Any information will be used for that purpose. HON KEVSER AVE SCRANTON, PA 18504 (P) 510.558.5510 {F) 570.558.5511 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC Plaintiff VS. CIVIL ACTION KEITH E', BARTLES : NO: 08-5525-CIVIL, TERM Defendant TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT 10: KEITH E BARTLES 245 REDWOOD LN CARLISLE PA 17015 Date of Notice_ June 21. 2011 IMPORTANT NOTICE PURSUANT TO l'A.R.C.P. 237.1 a 2 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE: IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITI-ITN TEN DAYS FROM THE DATE OF T1-IIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 OFFICT- CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUTAGENCIES THAT MAY OFFER LEGAL SERVICES "I O ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-241-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC vs. KEITH E BARTLES CIVIL ACTION Plaintiff NO: 08-5525-CIVIL TERM Defendant CERIFICATE OF SERVICE 1. Michael F. Ratchford, Esquire, hereby certify that on June 21, 2011 1 served a copy of the Ten Day Notice of intent to Take Default in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: KEITH E BARTLES 245 REDWOOD LN CARLISLE PA 17015 Edwin A. Abrahamsen & Associates, P.C. BY: Michael F. tchford, Esquire Attorney I.D. No.: 86285 Kevin J. Cummings, Esquire Attorney I.U. No.: 209660 120 N Keyser Avenue Scranton. PA 18504 (570) 558-5510 -' eciuest f ;)r " tare Status Department o 'Defense Manpower Data Center iz!v* Military Status Report Pursuant to the Service Members Civil Relief Act Paae 1 of 2 Sep-12-2011 12:18:39 - Last Service Name First/Middle Begin Date Active Duty Status Active Duty End Date Agency 13ARTLES KEITH E Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast G uard ). 04, A A. j I MY- 1-1 4,_ A??_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington. VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL htt_p://ww_ w.defenselink.miUfaq/pis/PC09SLDR html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 9/12/2011 ilv- v a rN a urn gage oj? Jfore !nf orn vA,'oin on ".,Jetive Duty Status" ^.; t ive duty ;Li us as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period A mere: than 30 consecutive days. In the case of a member of the National Guard, includes ;?--ryice under a call to active service authorized by the President or the Secretary of Defense for a period of more than 'JC, consecutive days under 32 USC § 502(f) for purposes of responding to a national c-Acrgency de.?lared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members mus, be assigned against an authorized mobilization position in the unit they support. This includes NaN N "1ARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a I -li tormed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore. some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:FQLD361-HIC https://www.dmdc.osd.mil/appj/scra/popreport.do 9/12/2011