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Home My WebLink About09-2816IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC PO Box 2036 CIVIL ACTION Warren, MI 48090 Plaintiff vs. 0,1yi( NO: Ca - ol8i(p _e 4- FRANK A WILKEMEYER 438 LINDEN ST MECHANICSBURG PA 17050 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 Warren, MI 48090 vs. CIVIL ACTION Plaintiff NO: FRANK A WILKEMEYER 438 LINDEN ST MECHANICSBURG PA 17050 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 FRANK A WILKEMEYER (hereinafter "Defendant") is an adult individual residing at 438 LINDEN ST MECHANICSBURG PA 17050. 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 CHASE BANK with the account number 5407301006792378. 5. The within account was sold by CHASE BANK to ASSET ACCEPTANCE, LLC for valuable consideration and all rights under said accounts were assigned to ASSET ACCEPTANCE, LLC.(See, Affidavit attached hereto as Exhibit "A.") 6. Use of the CHASE BANK 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 CHASE BANK credit card account number5407301006792378, 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, 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 9, 2006. 11. The principal amount was $13,191.70 at the time it was received by Plaintiff. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 18. 13. The total amount due and owing the Plaintiff including interest, is $18,487.20. 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 $18,487.20 plus costs of suit and any other relief as the Court deems just and appropriate. Adwin 7KK.ff, en & Assoc. Michaed, Esquire Heather Esquire Attorne86285/207805 1729 Pi e Scranton, PA 18505 mratchford@eaa-law.com hwoodn.dT@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 G.S.A. 4904. STATE OF N11CI11GAN COUN IY OF MACOMB by ASSET ACCtUITANCE. U,C } } I'I:tinlifl', } } } AFFJOAVIT FRANK A WILICHMH;YER } ikfcnRJ:tnt. } AAA I, being fiat duly sa unt tlrlxs%C% and +tatc.: That I :stn the Supervisor of ASSEI' ACCEWTANCE, U.C a Limiled UtWity company organized and existing under the laws of the State of rklawarc. and doing I u sin ss at 111.0. BOX 2041. WARRF.,N, M1 48090. That there: is juQ1 due tenet owing on the account, the %unt of SI8129.40 representing the charged off atttuunt :end interest. Thst the said account originally with CITASH BANK/First USA / (base, account numbe=r 5407301 W0792378, has 1wen purefiused by ASSET ACCEPTANC'1;, U.C. who now owns said account and has all rights connected therewith including the right to inuitutc this action. DQtexl his {15(h day of .10areh. 2W). ??, upcrvisar hscribvil and sworn to lx,f( ntc, : NIL)t:ery Public fOr the 5t:uc 01 WAtigtua, the 0.5th (if MUCK, 2IRK1 :t% Su cenil ied by my haul as set forth fttt _ . lately tic:low. Notary Public 1.?.4?rAe MAW1!'JE}f CNAK N*k" Public • M ICtogan Macomb Coeutly MY Cantn?Igfn @upltge het 13. 2013 Acts In the County of 0111 35377461 10591EDWIN A ARRAHA.IILWN 0 0 z R 2 7 7 4 G l VVV_1 7 5? L ASST, C ACCEPTANCE LLC; 1'.( ). 144) x 2036 Warren. MI 48V)O 11UNNK A VV I I.KEMHYl3t -t38 UNDIN sr ME01ANICSI3L:IKi.)'A 17030 ACC0tJNf AIUMRFR ('1JRRL-'T HALANC, 5467,101006792378 S18129.40 5! AtlialE.ti'I' DATE DUE DATE MAR 05 2(xr) DUE; 1 - A('('()!Jh'T NUMIP-M 5-MY) 1000)1179 DATE OF LAST PAYME141' I 11h1(19J?(Ifi 1 DATIi ltl?Fl-'RlihO- NQ ACCOUNT INFORMATION IIAI.ANCE. ME MAR 05 2W) 33277401 HALANCE DUE ( S18129.40 ASSC7' A('('FPTA,%K'F_ r.F,C, A UNIITIA) I.IADMITY COMPANY 0M iANIZED AND FXIS1IN , UNDER'I HE LAWS C)F11II: STATE OF DEWVARE, ASST iNEE OF 54073(1 I t><1 M2378 1'.0. BLIX. 2010, W.MiX-11, MT 4XIFA) 1 DATFO 1)1?[.INQIJINCY 1't)RCIIASE1)04N t:IIAI;CK'OFFAM011N'I'* INTERF,11'RATH 07/07106 I I1VI)6111fi I S13191.70 180% 1 S1:RYI(;f? r1[)DRI;tiS (If' AI'I'I.It?AE3E.1i} I IN] i?kIiST l)IJli ?1S OF Mr1It 05 :(H)9 S4937.70 t *For purposes of thi'. Statement only. Charge Off Amount reflect.% Credits for payrrncno. receitc l by Assm if any. TUTS CCf1+ MUNICATION IS FROM A DEBT COLI.E.CTOR 362774[;1 1039 EDWIN A AHKAl1AA151 0 R OF THE P90T N }TAgY 9MAY -5 PM 1: 49 tLW = jC', COUNTY F'ENNSYl.VAMA +'18 , So Po AVY C& 3coyo5 otiaq 115 Sheriffs Office of Cumberland County R Thomas Kline .,? at 4:urry?r?? Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/1212009 07:15 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 12, 2009 at 1915 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Frank A. Wikemeyer, by making known unto Sara Wilkemeyer, wife of defendant at 438 Linden Street Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.90 May 13, 2009 2009-2816 Asset Acceptance LLC VS Frank A. Wilkemeyer By. SO ANSWERS, R THOMAS KLINE, SHERIFF ?e ''.4 ? Deputy Sheriff c7 N -r; rT'1 N) ,? rr1 Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpvkosh(a7dcdlaw.net Attorney for Defendant ASSET ACCEPTANCE LLC IN THE COURT OF COMMON PLEAS PO Box 2036 CUMBERLAND COUNTY, PENNSYLVANIA Warren, MI 48090 Plaintiff v. No: 09-2816 -CIVIL TERM FRANK A WILKEMEYER 438 LINDEN ST MECHANICSBURG PA 17050 Defendant To: Asset Acceptance, LLC c/o Michael F. Ratchford, Esquire Heather K. Woodruff, Esquire Edwin A. Abrahamsen & Assoc. 1729 Pittston Avenue Scranton, PA 18505 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be tered against you. Mic J. ykos 'r Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykosh(a~dcdlaw.net Attorney for Defendant ASSET ACCEPTANCE LLC IN THE COURT OF COMMON PLEAS PO Box 2036 CUMBERLAND COUNTY, PENNSYLVANIA Warren, MI 48090 Plaintiff v. No: 09-2816 -CIVIL TERM FRANK A WILKEMEYER 438 LINDEN ST MECHANICSBURG PA 17050 Defendant ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Frank A. Wilkemeyer, by and through his attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Michael J. Pykosh, Esquire, who responds to Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation, Defendant is without sufficient knowledge to form a response with respect to Paragraph 3; therefore, the same is denied. Proof of the averments as set forth in Paragraph 3 is demanded at the time of trial. 4. Admitted. 5. Denied. The averments of Paragraph 5 contain conclusions of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the averments of Paragraph 5 and demands strict proof at time of trial in this matter. By way of further response, Defendant, after reasonable investigation, is without knowledge as to the truth or veracity of the averments as set forth in Paragraph 5. 6. Denied. The averments of Paragraph 6 contain conclusions of law to which no response is required. By way of further response, Defendant, after reasonable investigation, is without knowledge as to the truth or veracity of the averments as set forth in Paragraph 6. 7. Admitted. 8. Admitted. 9. Denied. The averments of Paragraph 9 contain conclusions of law to which no response is required. 10. Denied. The averments of Paragraph 10 contain conclusions of law to which no response is required. 11. Denied. The averments of Paragraph 11 contain conclusions of law to which no response is required. By way of further response, Defendant, after reasonable investigation, is without knowledge as to the truth or veracity of the averments as set forth in Paragraph 11. 12. Denied. The averments of Paragraph 12 contain conclusions of law to which no response is required. By way of further response, Defendant, after reasonable investigation, is without knowledge as to the truth or veracity of the averments as set forth in Paragraph 12. 13. Denied. The averments of Paragraph 13 contain conclusions of law to which no response is required. By way of further response, Defendant, after reasonable investigation, is without knowledge as to the truth or veracity of the averments as set forth in Paragraph 13. 14. Denied. The averments of Paragraph 14 contain conclusions of law to which no response is required. By way of further response, Defendant, after reasonable investigation, is without knowledge as to the truth or veracity of the averments as set forth in Paragraph 14. WHEREFORE, the Defendant, Frank A. Wilkemeyer, requests judgment in his favor and against Plaintiff and that the Complaint in this matter be dismissed with prejudice. DEFENDANT'S NEW MATTER 15. Defendant, Frank A. Wilkemeyer, incorporates and makes part of this New Matter paragraphs 1 through 14 of the foregoing Answer to Plaintiffs Complaint as if fully set forth herein. 16. Plaintiffs Action may be barred by doctrine of laches. 17. Plaintiff s Action may be barred by the doctrine of res judicata. 18. Plaintiffs Action may be barred by the doctrine of estoppel. 19. Plaintiffs Action may be barred by the doctrine of waiver. 20. Plaintiffs Action may be barred by the doctrine of unclean hands. 21. Plaintiffs Action may be barred in whole or in party by the applicable statute of limitations. WHEREFORE, the Defendant, Frank A. Wilkemeyer, requests judgment in his favor and against Plaintiff and that the Complaint in this matter be dismissed with prejudice. Respectfully Submitted, Dated: r'o ~ ~ ~ ~~ By: - Michael J. Pykosh, Esquire VERIFICATION I, Frank A. Wilkemeyer, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date::: 17- c.~q ,~, Frank A. Wilkemeyer Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mnvkosh u.,dcdlaw.net Attorney for Defendant ASSET ACCEPTANCE LLC IN THE COURT OF COMMON PLEAS PO Box 2036 CUMBERLAND COUNTY, PENNSYLVANIA Warren, MI 48090 Plaintiff v. No: 09-2816 -CIVIL TERM FRANK A WILKEMEYER 438 LINDEN ST MECHANICSBURG PA 17050 Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER and NEW MATTER, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Asset Acceptance, LLC c/o Michael F. Rtachford, esquire Heather K. Woodruff, Esquire Edwin A. Abrahamsen & Assoc. 1729 Pittston Avenue Scranton, PA 18505 Respectfully Submitted, Dated: (? ~ By: is ae J. Pykos quire ~;~ ~F ~~ F ~,. ~ ,,;f,~s~.PY ~~~i~ ,~.~~'i I $ Fri I ,,,, f Y 'l~ d ~ _ .., ~ v i