The URL can be used to link to this page

Home My WebLink About09-42552059444 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 SPIEGEL/World Financial 28405 Van Dyke Avenue Warren MI 48093 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CHARLES GEROW 4725 CHARLES RD MECHANICSBURG PA 17050-3033 DOCKET NO. : (jq - 4&556 a-ML ler'M 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 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: April 24, 2009 in the amount of $790.19. 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 12/5/2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $790.19 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EIN RG, ESQUIRE JOEL M. FLIN SQUIRE Attorney for Plaintiff POlA.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 correct to the best of my knowledge, information and belief and is based upon information which 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 making false statements. Nam yj v J udy Melasi EXHIBIT "A" STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs CHARLES GEROW Defendant, I Judy Vldasi AFFIDAVIT being first duly sworn deposes and states: 017-f f4 11 A59 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 $785.31 representing the charged off amount and interest. That the said account originally with /SPIEGEL / World Financial Network National Bank, account number 005856373305216553, 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 03rd day of April, 2009. Qierviso(j Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 03rd of April, 2009 as certified by my band as set forth immediately below. t N L M WEST Notary Public - Michigan Wayne County My Commission Expires S 2 20 Acting in the County of 38515759 064 GORDON °~EINaE°° IN??IEI?NII??I?1?1 0 0 3 8 5 1 5 7 5 9 A.iY r:c bCFOfi <i .c ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 CHARLES GEROW 4725 CHARLES RD MECHANICSBURG,PA 17050-3033 ACCOUNT NUMBER CURRENT BALANCE 005856373305216553 $785.31 STATEMENT DATE DUE DATE APR 03 2009 DUE ACCOUNT NUMBER DATE OF LAST PAYMENT 005856373305216553 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE APR 03 2009 38515759 BALANCE DUE $785.31 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF 005856373305216553 P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUN-1 INTEREST RATE 12/05/06 10/29/08 $660.09 10.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF APR 03 2009 $125.22 *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 38515759 1064 GORDON & WEINBERG o *'79.50 PO ATrY $a4(a, R ' aan 158 Sheriffs Office of Cumberland County R Thomas Kline ?,tr of if 111rrfirr/ Edward L Schorpp SheriffSolicitor Ronny R Anderson Jody S Smith Chief Deputy OFT ICE c' ERIFF Civil Process Sergeant Asset Acceptance LLC Case Number vs. 2009-4255 Charles Gerow SHERIFF'S RETURN OF SERVICE 06/29/2009 06:56 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2009 at 1856 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Charles Gerow, by making known unto himself personally, defendant at 4725 Charles Road Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 June 30, 2009 SO AN WE , ??-r- R THOMAS KLINE, SHERIFF De uty Sheriff C O CZ f?7 ? C= r -n r37 ,. ?y r ? M • ?; Z7 ?n ~~ Charles R Gerow, Esquire Aitomey I.D. 32888 4725 Charles Road Mechanicsburg, PA 17050 ASSET ACCEPTANCE, LLC Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CHARLES GEROW, Defendant No. 09-4255 Civil Term ANSWER AND NEW MATTER AND NOW COMES Charles R. Gerow, Esquire, Defendant in the above captioned matter, pro se, and files the following Answer and New Matter setting forth the following: 1) Answering Defendant is without sufficient knowledge or information to form a conclusion as to the truth of this averment. Strict proof of the same is demanded at the time of trial. 2) DENIED. It is specifically denied that Defendant was ever the holder of a credit card issued by Plaintiff. To the contrary, Defendant has repeatedly informed Plaintiffand their Counsel that any account opened in his name was the result of fraudulent action and that Defendant has never opened any account with Plaintiff or authorized or otherwise caused any other person to do so on his behalf. 3) DENIED. It is specifically denied that Defendant ever accepted or used a credit card issued by Plaintiff. 4) DENIED. It is specifically denied that Defendant received or accepted any goods or services or cash advances through any credit card issued by Plaintiffs. 5) Answering Defendant is without sufficient knowledge to form an Answer to this Averment and demands strict proof at the time of trial. By way of further Answer, it is DENIED that Defendant owes Plaintiff any monies. 6) ADMITTED IN PART, DENTED IN PART. It is ADMITTED that demands have been made upon Defendant. It is DENIED that Defendant has refused to answer those demands. To the contrary, Defendant has consistently written to oFiginal Plaintiff, theiF successors and counsel setting forth the fraudulent nature of the account. The most recent correspondence i s attached hereto, made a part hereof and marked as Defendants "Exhibit A" 7) DENIED. It is specifically denied that Defendants "last payment" was made on December 5, 2006. Defendant has never made any payments on this account as the account is not his responsibility. WHEREFORE, Defendant respectfully requests this Honorable Court to Dismiss Plaintiffs Complaint with prejudice and to further grant such additional relief as may be just and equitable together with applicable costs and attorneys fees. NEW MATTER 8) Paragraphs One (1) through Seven (7) are incorporated as if set forth fully as above 9) Plaintiffs Claim is based upon Fraud and or Illegality and Plaintiff has been so advised (See Defendants "Exhibit "A") 10) Plaintiffs Claim fails for lack of consideration in that Defendant never received any good, services or other value from the credit card or transactions alleged by Plaintiff 11) Plaintiff ismtopped from bringing this action as they have been put on Notice of the fraud or other illegality involved in the procurement of a credit card from plaintiff if, in fact, such a card was ever gotten by some other person. 12) Plaintiffs continued prosecution of this action after being put on Notice of the fact that Defendant never opened any account, never authorized any other person to do so and never transacted any business using such a credit card is not in good faith. Plaintiffs conduct in pursuing this action in the face of such Notice is obdurate and vexatious under 42 Pa.CSA 2503(7). WHEREFORE, Defendant respectfully requests this Honorable Court to DISMISS Plaintiffs Complaint with prejudice and to grant such further relief as may be just and equitable plus applicable costs and attorneys fees. Respectfully submitted, Charles R. Gero ,Esquire (Pro Se) Attorney LD. 32888 3 April 28, 2009 Frederic I, Weinberg, Esq. GURDUN & WE(NRERr_• 1001 East Hector Street Conshohocken, PA 19428 RE: Spiegel Your File No: 2059444 Oear Mr. Weinberg: Your unsigned fetter of April 7, a copy of which is attached, arrived at my residence last week while 1 was out of town. As I have previously advised both Spiegel and "World FinancraI" in writing, this is a disputed debt. In fact, this account is the result o€ fraud. R have never opened any credit account wi#h Spiegel. I have never purchased any products or services from Spiegel. I have never authorized any person to do sa on my behalf. This matter was reported to law en#orcement as soon as I became aware of it. Please refrain from placing any negative information with any credit reporting agency. 1f your client has already done so, please ask them to have it removed. Please also contact Detective Gten Adams of the Hampden Township, Pennsylvania Police Department. Perhaps you can provide him with the method by which this account was opened as well as the names and addresses of those who received goads or services from your client based upon charges to this account. It would be useful to law enforcement to have this information, I am sure. Very truly yours, ~„ ~ ~~~ ~~ _~ C1iARLES R. GEEsquire PA Ssspreme Court !D Number 32858 4725 Charles Road Mechanicsburg, PA 17050 ~~s ' ~ ~ ~K/~~ N~ ~f VERIFICATION i hereby state that i am the Defendant in the above matter and that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief and that I recognize that such statements are made subject to the provisions of 18 IPa.CSA4904 relating to unswom false statements. Date: ?~yp~p7 CHARLES R. GEROW, ESQUIRE PROOF OF SERVICE i hereby certify that I have this day served a true and correct copy of Defendants Answer and New matter upon: Frederic I. Weinberg, Esq. GORQON ANII WEINBER(i 1001 E. Hector Street, Suite 200 Conshohocken, PA 19428 Attorney for Plaintiff by First Gass Mait, postage prepaid in satisfaction of the requirements of the PA Rules of Civil Procedure retatir~g to service. Date , 7~Z0~4~ CHARLES R. GEROW, QUIRE 4725 Charles Road Mechanicsburg, PA 17050 7i7-877-8194 Fi`E~-v~,-i(:E 2~1Q4 .!'~~ 22 P~1 2~ 2059444 GORDON & WEINBERG, P. C. BY: FREDERIC I . WEINBERG, ESQUIRE Identification No. : 41360 JOEL M. FLINK, ESQUIRE Identification No. : 41200 c� 1001 E. Hector Street, Ste 220 pis„ Conshohocken PA 19428 484/351-0500 ' ASSET ACCEPTANCE LLC ASSIGNEE COURT OF COMMON PLEAS OF SPIEGEL/World Financial CUMBERLAND COUNTY VS . DOCKET NO. 09-4255 CHARLES GEROW PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I . WEI RG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P006 CERTIFICATION OF SERVICE I, FREDERIC I . WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Withdraw Complaint to Pa. R.C. P. 1028 (c) (1) , via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I. WEINBERG, ESQUIRE Dated SCI