HomeMy WebLinkAbout09-27872057180
THIS IS AN ARBITRATION MATTER. ASSESSMENT OF
DAMAGES HEARING REQUIRED.
GORDON WEINBERG, P.C.
BY: ?WEEDERIC 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 AVENUE/World Financial
28405 Van Dyke Avenue
Warren MI 48093
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
LINDA L BURDICK
7073 CARLISLEPIKE TRLR 83
CARLISLE PA 17015
DOCKET NO. : DQ - a18rf CtVi l ?t°1'tIK
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
1
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 original creditor under the
terms of which the original creditor agreed to extend to
defendant(s)the use of original creditor'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 original creditor 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 original creditor. 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 March 24, 2009
in the amount of $861.66.
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
10/28/2007.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$861.66 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY: 4-?
FREDERIC I. W NB G, ESQUIRE
JOEL M. FLINK, UIRE
Attorney for Plaintiff
P01A.DB
VERIFICATION
I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the
attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action
are true and con-ect to the best of my Icnowledge, infonnation and belief wid is based upon
information willich plaintiff has furnished to counsel. The language in the. Complaint is that of
counsel and not of plaintiff- To the extent that the contents of the Complaint are that of counsel,
plaintiff has relied upon counsel in malting this verification. This verification is made subject to
18 Pa.C.S. §4904 which provides for certain penalties for malting false statements.
Name
Deonnd,J(
EXHIBIT "A"
C 531'?o
STATE OF MICHIGAN
COUNTY OF MACOMB ss
ASSET ACCEPTANCE, LLC )
Plaintiff, )
vs )
LINDA L BURDICK AFFIDAVIT
Defen )
vt,
emno Jaw )
being first duly sworn deposes and states: the
Supervisor existing Thatder the laws of the State of DeSET
and doing bus ess at a Limited P.O. BOX 2041, WAcompany RREorganized and
WARREN, MI 48090.
That there is justly due and owing on the account, the sum of $844.10 representing the charged off
amount and interest.
That the said account originally with /AVENUE / World Financial Network National Bank, account
number 147860894, 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.
Dated this 26th day of January, 2009.
Subscribed and sworn t before , a Notary Public for the State of Michigan, the 26th of January, 2009 as
certified . y my hand as set lodb4nmediately below.
A
Notary public ?
Y?I¦t??iMB rtM?"?37966299
1064 GORDON & WEINBERG
0 0 3 7 9 6 6 2 9 9
ASSET ACCEPTANCE LLC
P.O. Box 2036
Warren, MI 48090
LINDA L BURDICK
7073 CARLISLE PIKE TRLR 83
CARLISLE,PA 17015
ACCOUNT NUMBER
147860894
ACCOUNT NUMBER
147860894
STATEMENT DATE
JAN 26 2009
DUE DATE
DUE
DATE OF LAST PAYMENT
10/28/07
DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE
JAN 26 2009 37966299 BALANCE DUE $844.10
ASSET ACCEPTANCE LLC, A LIN[ITED
LIABILITY COMPANY ORGANIZED AND
EXISTING UNDER THE LAWS OF THE
STATE OF DELAWARE, ASSIGNEE OF
147860894
P.O. Box 2036, Warren, MI 48090
DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNTS INTEREST RATE
12121/07 07/30/08 801.24 10.009b
SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF
JAN 2b 2009
$42.86 .
*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
37966299
1064 GORDON & WEINBERG
C -1
CURRENT BALANCE
$844.10
0
OF 11'
2C,09 -?, -4 PH 2: 1 G
419.50 Po ATrY
CO, m 4 31
aAgl.38
Sheriffs Office of Cumberland County
Thomas Kline
Sheriff Edward L Schorpp
Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFF -RIFE Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/08/2009 04:11 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 8, 2009
at 1611 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Linda Burdick by making known unto Linda Burdick personally, at 223 Keywest
Boulevard, Carlisle, Cumberland County, Pennsylvania, 17015 its contents and at the same time handinc
to her the said true and correct copy of the same. `
SHERIFF COST: $33.40
May 11, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
Deput heriff
2009-2787
Asset Acceptance v Linda Burdick
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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
2057180
ASSET ACCEPTANCE LLC ASSIGNEE
OF AVENUE/World Financial
VS.
LINDA L BURDICK
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 09-2787
PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT
OF DAMAGES, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE
TO THE PROTHONOTARY:
Enter judgment for want of an answer for plaintiff and
against defendant(s) above named only and assess damages
certified to be calculable as a sum certain from the complaint,
as follows:
Principal $801.24
Less: Payments on Account ( $.00)
Total: $801.24
Understanding the false statements made herein are subject 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: ASSET
ACCEPTANCE LLCASSIGNEE OF AVENUE/World Financial and that the last
known address of defendant, LINDA L BURDICK, 7073 CARLISLEPIKE TRLR
83, CARLISLE PA 17015.
2. The annexed notice(s) of intention to file this
praecipe was (were) mailed to all parties, defendant and to their
record attorneys, if any, after default occurred, and at 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 coverage of
the Soldiers and Sailors Civil Relief Act and is (are) over 18
years of age.
AND NOW, this _15"k _ day of %10ne- , 2009 Judgment
is entered in favor of the plaintiff(s) and against defendant(s) by
default for want of an answer and damages assessed at the sum of
$990.46 as per the above ce ification
Pro onotary
GORDON & WEIN RG, P.C.
BY:
FREDERIC ViN, NBERG, ESQUIRE
JOEL M. F ESQUIR E
Attorney aintiff
ME
s
E?
2057180
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
AVENUE/World Financial
VS.
LINDA L BURDICK
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 09-2787
NOTICE OF INTENTION TO TAKE DEFAULT
TO/PARA
LINDA L BURDICK
7073 CARLISLEPIKE TRLR 83
CARLISLE PA 17015
DATE OF NOTICE/FECHA DEL AVISO: May 29, 2009
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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 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 ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
BY:
GORDON & WEINBERG, P.C.
FREDERIC
JOEL M.
W 4NBERG, ESQUIRE
INK, ESQUIRE
P10D-2
FILE,,-;V,
OF THE R'?`Y10 "tC"NOTAPY
2009 JUG! 15 Pik 1* 3
CUP . -UN y
PENNSYLVANIA
414.coo P n ATr-l
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U&ke "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
ASSET ACCEPTANCE LLC ASSIGNEE
OF AVENUE/World Financial
Vs.
LINDA L BURDICK
7073 CARLISLEPIKE TRLR 83
CARLISLE PA 17015
2057180
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 09-2787
NOTICE
Pursuant to Pa.R.Civ.P.
you are hereby notified
you in the above proceei
236 of the Supreme Court of Pennsylvania,
that a judgment has been entered against
ling as indicated below.
Judgment by Default $801.24
Money Judgment $
Judgment on Award of Arbitrators$
Judgment on Verdict$
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL
ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS
TELEPHONE NUMBER: 484/351-0500
PR HONOTARY
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