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HomeMy WebLinkAbout09-1996r 2056965 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 ASSET ACCEPTANCE LLC ASSIGNEE OF CHASE BANK 28405 Van Dyke Avenue Warren MI 48093 VS. CYNTHIA L DARR 7 HAMILTON RD BOILING SPRINGS PA 17007 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : Cq - lqq(p 0,111 iIW,1 NOTICE 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 ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY 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 JUDGEMENT 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. Plaintiff is a debt buyer and successor in interest to the original creditor as set forth in the caption of this Complaint. 2. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 3. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 4. The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account, if available, is attached hereto as Exhibit "A". 5. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due as of January 22, 2009 in the amount of $3,323.45. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on 7/18/2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,323.45 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE BERG, ESQUIRE JOEL M. FLI , ESQUIRE Attorney for Plaintiff P01A.DB FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WEINBERG, ESQUIRE STATE OF MICHIGAN ) COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs CYNTHIA L DARR Defen t, I, ecanno Jason ss ?656 9? '5? AFFIDAVIT 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 $3300.99 representing the charged off amount and interest. That the said account originally with CHASE BANK/Heritage Chase / CHASE, account number 5260210005732838, 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. this 06th day of January, 2009. Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 06th of January, 2009 as certified by my hand as se forth mmediately below. Notary Pub i CHERYL A HARRINGTON Notary Public - Michigan Macomb County My Commission jXpv ofJul 16, 2013 kmina in the County 38062462 1064 GORDON & WEINBERG owns 0 0 3 8 0 6 2 4 6 2 wsss?wssx o?onsr :_. ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 CYNTHIA L DARR 7 HAMILTON RD BOILING SPRINGS,PA 17007 ACCOUNT NUMBER CURRENT BALANCE 5260210005732838 $3300.99 STATEMENT DATE DUE DATE JAN 06 2009 DUE ACCOUNT NUMBER DATE OF LAST PAYMENT 5260210005732838 07/18/06 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE JAN 06 2009 38062462 BALANCE DUE $3300.99 ASSET ACCEPTANCE LLC, A LMTED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF 5260210005732838 P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 07/26/05 '08/08/08 $2396.81 18.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF JAN 06 2009 $904.18 *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 38062462 1064 GORDON & WEINBERG rn Ui O ? d t? -- o, i') 0 Sh4 iff s Office of Cumberland County R Thomas Kline aiu+abrr?? Sher 1? ?J Ronny R Anderson Chief Deputy OFFICE OF THE SHERIFF Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant SH 04/06/2009 08:20 PM - Mark Conklin, 2009 at 2020 hours, he st defendant, to wit: Cynthia Boiling Springs, Cumberl? personally the said true ai SHERIFF COST: $32.50 April 06, 2009 2009-1996 ASSET ACCEPTAN VS CYNTHIA L. DARR FPS RETURN OF SERVICE :putt' Sheriff, who being duly sworn according to law, states that on April 3, ed a true copy of the within Complaint and Notice, upon the within named Darr, by making known unto herself personally, defendant at 7 Hamilton Roac I County, Pennsylvania 17007 its contents and at the same time handing to he correct copy of the same. SO ANS S, R THOMAS KLINE, SHERIFF By LLC Depu Sheriff RED-OFFICE OF THE PROTH 2009 APR -9 AM 9> 51 ?.,4. UN TY GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2056965 ASSET ACCEPTANCE LLC ASSIGNEE COURT OF COMMON PLEA OF CHASE BANK CUMBERLAND COUNTY VS. DOCKET NO. : 09-1996 CYNTHIA L DARR TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff against defendant(s) above named only and assess damage: certified to be calculable as a sum certain from the cor as follows: Principal $2,396. Less: Payments on Account ( $50. Total: and laint, 81 00) $2,39681 Understanding the false statements made herein are subj ct to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: SSET ACCEPTANCE LLCASSIGNEE OF CHASE BANK and that the last kno address of defendant, CYNTHIA L DARR, 7 HAMILTON RD, BOILING SPRINGS PA 17007. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant an to their record attorneys, if any, after default occurred, and a least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the co erage of the Soldiers and Sailors Civil Relief Act and is (are) ver 18 years of age. AND NOW, this 10+` day of ? Um , 2009 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and dam'ges assessed at the sum of $3,534.56 as per the above 7 ertifica on. P othonotar GOR BY: c AGO c 50 GORDON & WEINBERG, P.C. BY: FRIr:}ERIC T. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 F. Hector Street, Ste 220 Cnnshohoc:nen, PA 19428 4641351 i}50Ci 2056965 ASSET ACCEPTANCE LLC ASSIGNEE 01' COURT OF COMMON PLEAS CHASE BANK - CUMBERLAND COUNTY CYNTHIA L DARrR VS. DO^kET NO. : 09-1996 NOTICE OF INTENTION TO TAKE DEEULT '^0,` PARR CYNTHIA L DARR 7 HAMILTON RD BOILING SPRINGS PA 17007 . DATE OF NOTICE/FECHA DEL AVISO: 1april 24, 2009 IMPORTANT NOTTCE; YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE Ihi WIITTTNG WITH TIIF: COURI Y013 DEFENSE:., OR OBJECTIONS TO THE CLAIMS, SET FORTH AGAIN'- YOU. UNLESS YOJ ACT W T'. N TEN DAYS FROM THE DA'L'E OF THIS NOTICE, .A JUDGMENT MAY BE ENTERRO AGAINS YOU WTTHOUT A HEARING AND YOU MAY T.OSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS RAPER TO YOUR LAWYER AT ONCE, IF YOU DO OT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SF•T 2'0RTH BELOW. THIS OFFICE AN PROVIDE YOU WITH INFORMATION ABOUT HIRING A L•AWYEh.,• IF YOU CANNOT AFFORD TO HIRE A LAWYER, TATS OFFICE MAY BE ABL TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SE VICES TO ELIGIBLE PERSONS AT' A REDUCED FEE OR NO FEE. CUMAERLAND COUNTY BAR ASSOC:TAT_ON 32 S. BEDFORD STREET CARLISLE, PA 17013 { 17) 249-3;66 G.ORPON. & • WEI PdBERG, P.C. / i BY: 'REDT,RI IT7RERG, E!:'QUIRE JOEL M. LT`71{, ESQUIRE PIOD-2 Of ('1 PRO- , E-r) jaI IARY 1009 JUN 10 Pm 1: 02 4.14. oo P D ATTY (?-I? 83339 P,T* ajap soe i • GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2056965 ASSET ACCEPTANCE LLC ASSIGNEE OF CHASE BANK vs. CYNTHIA L DARR 7 HAMILTON RD BOILING SPRINGS PA 17007 COURT OF COMMON PL CUMBERLAND COUNTY DOCKET NO. : 09-1996 NOTICE Pursuant to Pa.R.Civ-P. 236 of the Supreme Court of Pen sylvania, you are hereby notified that a judgment has been entere against you in the above proceeding as indicated below. LX1 Judgment by Default $2,396.81 Money Judgment $ Judgment on Award of Arbitrato S$ L? Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CAL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES A THIS TELEPHONE NUMBER: 484/351-0500 ARY 4//%9