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Home My WebLink About08-6032IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC PO Box 2036 Warren, MI 48090 CIVIL ACTION Plaintiff : vs. NO: 1)8 - (nn35( atv't ( ?ler*l MARK A FOREMAN 93 PLEASANTVIEWTER NEW CUMBERLAND PA 17070 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: C'j- 46-31 MARK A FOREMAN 93 PLEASANTVIEWTER NEW CUMBERLAND PA 17070 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 MARK A FOREMAN (hereinafter "Defendant") is an adult individual residing at 93 PLEASANTVIEWTER 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 BANK OF AMERICA with the account number 4888936213341161. 5. The within account was sold by BANK OF AMERICA 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 BANK OF AMERICA 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 BANK OF AMERICA credit card account number4888936213341161, 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 October 7, 2004. 11. The principal amount was $3,840.85 at the time it was received by Plaintiff. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 24. 13. The total amount due and owing the Plaintiff including interest, is $8,188.53. 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 $8,188.53 plus costs of suit, reasonable attorneys' fees and any other relief as the Court deems just and appropriate. Respectfully submitted, Edwin A. Abrahams Assoc. Michael F. Ratc rd, Esquire Heather K. Wo ruff, 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. STATE OF MICHIGAN ) Ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC ) Plaintiff, vs ) MARK A FOREMAN ) AFFIDAVIT Defendant, ) I, Deonno Jason being Iir:St 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 clue and owing on the account, the Suns of $8072.36 representing the charged off amount and interest. That the said account originally with BANK OF AMERICA/, account number 4888936213341161, has been purchased by ASSET ACCEPTANCE, LLC, who now owns said account and has all rihts connected therewith including the right to institute this action. g ^ned this 25th day of August. 2008. pervisor Subscribed and sworn'\to bcfo e me, it Notary Public for the State of Michigan, the 25th of August, 2008 as certified by my hand ass'et-CMh immediately below. Notary Public C UNDERWCOD Notary Public - MiChl9art wayne CounlY [Acllnn'n eb 12. 2012 . Irk' Caunty Of w-r-a ? r 3749464(1 1059 EDWIN A ABRAFIAMSEN Milli IMM111111 0 0 3 7 4 9 4 6 4 6 AIN- •,..1 Al.. M V'-'. . ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, M 14809() MARK A FOREMAN 93 PI.E ASANTI JEW TIT NEW CUMBERLAND.PA 17070 ACCOUNT' NUMBER CURRENT' BALANCE: 4588936213341161 $8072.36 S'I'AT} MI?N'1' DA"I'I DUE !JA"1'E AUG 2.5 2008 DUI- ACCOUNTNUMBER 4888936213341161 DATE OF LAST PAYMENT 10/07/04 DATE REFERENCE NO ACCOUNT INFORMATION 13ALANC17 DUE AUG 25 2008 37494646 BALANCE: DUE $807230 ASSET' ACCEI''I'ANCI? I.,I.,C, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER T'I IE LAWS OF Thil? SKATE OF DELAWARE, ASSIGNEE 0i-. 1988936213341161 P.O. Box 2036. Warren. MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFI- AMOUNT* INTEREST RATE 10/17/05 06/02/08 $3840.85 24.(X)% SERVICE ADDRESS (IF APPLICABLE-) INl'ERES'I'DUE AS OF AUG 25 2008 $4231..51 *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 37494646 1059 EDWIN A ABRAHAMSEN Cz, of D ' r co 3 ( 1(73 ASSET ACCEPTANCE LLC P.O. Box 2036 Warren MI 48090-2036 vs. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Plaintiff Civil Division MARK A FOREMAN 93 PLEASANTVIEWTER NEW CUMBERLAND PA 17070 Defendant NO: V (VI l Ur1'Y7 Praecipe to Withdraw Civil Complaint To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Withdraw the Civil Complaint. Thank you, K hae' l F. Ratchford, Esquir Edwin A. Abrahamsen & sociates, P.C. Lawyer ID # 86285 Sworn and subscribed J ap v"3 ? ti=p 0 47c, i day Q-A- 20 blic n,s C ?tlw -)f 7 tSa "'?