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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 r? n • , .tom \r.7 7i ?•! - ?? „its •? ??•? rn p o "\ 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 M* SN6108 (2.T,* a1a1oq.-B 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 lolislog