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Home My WebLink About09-3451IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC PO Box 2036 CIVIL ACTION Warren, MI 48090 Plaintiff : vs. : NO: OR - 3q 51 04YI1 I am DONNA SYLVAIN 302 S PENN ST : SHIPPENSBURG PA 17257 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: 04- 35S/ &- DONNA SYLVAIN 302 S PENN ST SHIPPENSBURG PA 17257 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 DONNA SYLVAIN (hereinafter "Defendant") is an adult individual residing at 302 S PENN ST SHIPPENSBURG PA 17257. 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 4266921010320396. 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. 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. (See Affidavit and Statement attached hereto as Exhibit "A") 7. Defendant used the CHASE BANK credit card account number4266921010320396, 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. 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 September 18, 2006. 11. The principal amount was $16,747.56 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 $23,354.76. 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 $23,354.76 plus costs of suit and any other relief as the Court deems just and appropriate. Edwin A. Abrah & Assoc. Michael F. Ratc d, Esquire Heather K. W ruff, Esquire Attorney I. . os.: 86285/207805 1729 Pitts Avenue Scranton,-'A 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. STMT OF MICHIGAN ss COUNTY OVNIACONIR ASSET ACCEPTANCE. I.I.C } Plaintiff, } 1 vt, } AF1'IDAVIT DONNA SYI.VAIN } l Dcfenclanl, ) r L, Ix trig fire duly- swom dcliows and states: Thal I ant the Supervisor of ASSET A C:I TANCH. Ll.(; a Limited Liability company argunimd aril existing under the laws of the State al' Delaware and doing husi.ness :a 11.0. BOX 2041, WARREN, MI 48{K). That there is juuly due and owing on IN! accc+unt, the suin of $2101(,.14 representing the charged off :Inc?,trnl .l11c! II1tCrcSt. That the said account originally with CHASE BANK/SONY / CHASE. accoutll number 4206921010320396, has hecn purchimed by ASSET AC(:];,irr NC'1;, UC, who now owns %aid account and hits rill rights vorm cted licit with inclruling the nghr to insliirrle Iii; action. Dated this 3(kh day of March, 2(0)• Supi d?isar Snh%cn'hed and sworn to before me, a Notary Public for the St:rty- of Michigan, the 300h of Mauch, 2{109 az ck-nil'ied by my hand as set forth immediately hclow. Notary Public Itotant ?'b•tc - titleeti13an tutapgmb County My covnfntW*n E%Plr®6 Jul 13'2013 Acnnq to'"' County 01 3844 AN 14 11059 LDw'lA A AIiItAHAM.ShN IMIMNVFI 1 4 'I ??il P PA -"N(l4 ... ........... ASSET AC C P TANC:E I.L P.D. lam 2036 Warren, ND 48M tX)N,N'A SYI.VAP% 30:5 PENS -ST S111F'1'EtiSH RC.F'A 17257 ACC()T INI' V1 MBER C1114RE' i- BALANCE 4266921010-120396 823016.14 S I ATI:MSI'.N I' I )A'1 L I )T l l: DA'T'E; DUE J ACCOUNT NUMBER Q60)2101032(1396 DATE: O LAST F'.\1',t1EiN1" 09/1ZiJ A DATE ItIT14.ftENC'I:N0 AC:CC?(INT1NI-()ICMAl10N BALANCLDUE MAR.102(X)9 38405814 BALANCIi DUE 52,11)11,.14 ASSET A('(:L•'I"I*AN('li 1.1 C;, A LIMITED LIABILITY COMPANY ORGANIZED AND l;\ISTINC i UNDER '1'f lli I ,AWS OF THE STATE OF DELAWARE. ASSIONIFF OF 12("211}10120396 K0. Box 2036, WwTen, hi[,180 ) DATE01'DELItilQUEN:Y PURCHAtil:l)ON (:I1,'lRGE,()FFAMOIJI\'1'x INIEli FSTRATP 041241M 1111271()8 S 11747.56 18,00: %]:RVICI; ADDRESS (IF APPUCAliLE) INTEREST DIIE AS OF t%IAR 30 2(X)9 $ 6268.." *For purpures rif lhis Slatt., rncnl only, Charge Off Aiiiounr rvI'le I% credits for payiiwmN rrccivrd by As-set, if any. THIS CONI-MUNICATION' IS FROM A DEIST COLLEMOR ` ?? 3'X41158 i -I J l059 CD\V-TN A AK9Al IAMSLN T+ +V $78.50 PO Al't`/ (?.0 M (o 74 Rx'#aa5 4e 78 Sheriffs Office of Cumberland County R Thomas Kline ,qtr of ?nbrry, Edward L Schorpp Sheriffa? Solicitor ,. Ronny R Anderson Jody S Smith Chief Deputy OM CE OF _"e s"ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/29/2009 07:25 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 29, 2009 at 1925 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donna Sylvain, by making known unto David Hench, adult in charge at 302 S. Penn Street Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $46.00 SO ANSWERS, June 01, 2009 R THO AS K N , SHERIFF iff 2009-3451 Asset Acceptance V Ibnna Sylvain