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Home My WebLink About08-5612 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC PO Box 2036 Warren, MI 48090 Plaintiff : vs. MARK D HENDERSON 1224 EDINBURG New Cumberland PA 17070 : CIVIL ACTION NO: 68 - 5(o(,A Defendant : eivit Ter* 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. MARK D HENDERSON 1224 EDINBURG New Cumberland PA 17070 : Defendant NO: P - S-j,1 of l ? ?tc.- 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 MARK D HENDERSON (hereinafter "Defendant") is an adult individual residing at 1224 EDINBURG New Cumberland PA 17070. 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 71330300131223. 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 number71330300131223, 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 June 12, 2006. 11. The principal amount was $8,803.98 at the time it was received by Plaintiff. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 23. 13. The total amount due and owing the Plaintiff including interest, is $11,583.29. 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 $11,583.29 plus costs of suit, reasonable attorneys' fees and any other relief as the Court deems just and appropriate. submitted, Edwin A. Abrah?n & Assoc. Michael F. Ratc Ord, Esquire Heather K. Woodruff, Esquire Attorney I.D. Nos.: 86285/207805 1729 Pittston Avenue Scranton, PA 18505 mratchford@eaa-law.com hwoodruff@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. 11 !'_t___1T T 1i STATE OF MICHIGAN COUNTY OF MACOMB ss ASSET ACCEPTANCE, LLC ) Plaintiff, ) vs ) MARK D HENDERSON ) AFFIDAVIT Defendant, ^n ) I, Dteann CIS0 ` 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 $10889.83 representing the charged off amount and interest. That the said account originally with HSBC CONSUMER LENDING USA/, account number 71330300131223, has been purchased by ASSET ACCEPTANCE, LLC, who now owns said account and has all rights connected therewith including the right to institute this action. That we have been unable to determine if the Defendant is in the military service of the United States of America. Further, we are unable to determine if the Defendant is entitled to rights and privileges provided under the Servicemembers Civil Relief Act. this 21 st day of May, 2008. Subscribed and sworn to for me, a Notary Public for the State of Michigan, the 21st of May, 2008 as certified by my hand as set forth im iately below. f M - I AAa? Nota Pu lic L 1W b CVE?^4 Nft ry Pu ,My Corhmrssin FCouny 8001 1n the Co u01 Mre$ ? 2 e u ft o/nw_. , 35529693 1059 EDWIN A ABRAHAMSEN 6',? b,1 6 w ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 ACCOUNT NUMBER CURRENT BALANCE 71330300131223 $10889.83 STATEMENT DATE DUE DATE MAY 21 2008 DUE MARK D HENDERSON 103 HALDEMAN AVE NEW CUMBERLND,PA 17070-1163 ACCOUNT NUMBER 71330300131223 DATE OF LAST PAYMENT 06x12/06 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE MAY 21 2008 35529693 BALANCE DUE $10889.83 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF 71330300131223 P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 07/11/06 1/2 7/07 $8803.98 23.00°% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF MAY 21 2008 $2085.85 *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 1? 35529693 1059 EDWIN A ABRAHAMSEN "t (C 00 o w ? D C'? Q -n - rn TI n? ' • 4B W •.C SHERIFF'S RETURN - REGULAR CASE NO: 2008-05612 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ASSET ACCEPTANCE LLC VS HENDERSON MARK D MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HENDERSON MARK D the DEFENDANT , at 1344:00 HOURS, on the 26th day of September, 2008 at 103 HALDEMAN AVENUE NEW CUMBERLAND, PA 17070 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge (?_ Sworn and Subscibed to before me this of So Answers: 18.00 ?. 17.00 .00 10.00 R. Thomas Kline .00 45.00 10/01/2008 EDWIN ABRAHAMSEN & ASSOCIATES By: day Deputy Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC Plaintiff : CIVIL. ACTION vs. MARK D HENDERSON : NO: 2008-05612 Defendant TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: MARK D I-IENDI?RSON 1224 EllINBURG New Cumberland PA 17070 Date of Notice: November 12, 2008 IMPORTANT NOTICE PURSUANT TO PA.R.C.P. 237 1(a)(2) YOU ARE IN DEFAULTBECAUSE YOU HAVE FAILED TO ENTER AN APPEARANCE PERSONALLY OR BY AN ATTORNI-Y AND FILL 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 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 OFFICE CAN PROVIDE YOU WITH INFORMATION A130UT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AISLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDP17NN LEGAL. SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUM13ERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC : CIVIL ACTION Plaintiff : vs. , MARK D HENDERSON : NO: 2008-05612 Defendant CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on November 12, 20081 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: MARK D HENDERSON 1224 EDINBURG New Cumberland PA 17070 Edwin A. Abrahamsen & Associates. P.C. BY: A7/l/v / /U Midb el F. Ratchford, Esq Attorney I.U. No.: 86285 1729 Pittston Avenue Scranton, PA 18505 (570) 558-5510 Ily OF THE P;""' 2009 MAY 18 PEA "* 02 L