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HomeMy WebLinkAbout09-4953 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC PO Box 2036 CIVIL ACTION Warren, MI 48090 Plaintiff : VS. : NO: CR- yg55 Civ%'lrem ASHOK AGARUAL 519 COBBLER CT MECHANICSBURG PA 17050-8700 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: Oq. 5/93'3 Cc? 7e ASHOK AGARUAL 519 COBBLER CT MECHANICSBURG PA 17050-8700 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 ASHOK AGARUAL (hereinafter "Defendant") is an adult individual residing at 519 COBBLER CT MECHANICSBURG PA 17050-8700. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. COUNTI BREACH OF CONTRACT 4. Plaintiff incorporates by reference the previous allegations of its complaint as if fully set forth herein at length. 5. Defendant applied for and received a credit card issued by CHASE BANK with the account number 4147202021057284. 6. 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. 7. 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, Cardmember Agreement attached hereto as Exhibit "A.") 8. Defendant used the CHASE BANK credit card account number4147202021057284, for purchases, cash advances and/or balance transfers. 9. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 10. The Defendant defaulted under the terms of the Agreement: by failing and refusing to make monthly payments on the account as they became due. 11. The account became delinquent July 4, 2006. 12. The principal amount was $9,007.72 at the time it was received by Plaintiff. 13. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 18. 14. The total amount due and owing the Plaintiff including interest, is $12,854.72. 15. 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 $29,086.98 plus costs of suit and any other relief as the Court deems just and appropriate. COUNT II 16. Plaintiff incorporates by reference the previous allegations of its complaint as if fully set forth herein at length. 17. Defendant applied for and received a credit card issued by CHASE BANK with the account number 5491040552884091. 18. 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. 19. 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, Cardmember Agreement attached hereto as Exhibit "B.") 20. Defendant used the CHASE BANK credit card account number5491040552884091, for purchases, cash advances and/or balance transfers. 21. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 22. The Defendant defaulted under the terms of the Agreement: by failing and refusing to make monthly payments on the account as they became due. 23. The account became delinquent June 29, 2006. 24. The principal amount was $11,374.49 at the time it was received by Plaintiff. 25. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 18. 26. The total amount due and owing the Plaintiff including interest, is $16,232.26. 27. 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 $29,086.98 plus costs of suit and any other relief as the Court deems just and appropriate. submitted, 'Edwin A. Abrahamsen Assoc. Michael F. Ratchford YE Heather K. Woodru , ire Attorney I.D. Nos 6 5/207805 1729 Pittston A en Scranton, PA 5 iaw.com -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. STATE OF MICHIGAN ) COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs ASHOK AGARUAL Defendant, I, ueonno Jason ss AFFIDAVIT being first duly sworn deposes and states: 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 $12348.31 representing the charged off amount and interest. That the said account originally with CHASE BANK/FIRST USA / CHASE, account number 4147202021057284, 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. this 24th day of March, 2009, supervisor / N. l Subscribed and sworn to Before e, a Notary Public for the State of Michigan, the 24th of March, 2009 as certified by my hand as set forth ' mediately below. 0, )A AA r 0EP-W!,, Notaryblic C U!`i0F'2WCi):3 Nolarv Puhllc - Wchir,Cn ,a• ne C00 -3y My COP-'--f- stG(1 Y G'S 12.::012 A; F •q in tY a Counly of 38392089 1059 EDWIN A ABRAHAMSEN L1a9- OSU191???nN?NI?BO?III? 0 0 3 8 3 9 2 0 8 9 A.o ALf •Cl?ni? ..• ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 ASHOK AGARUAL 519 COBBLER CT MECHANICSBURG,PA 17050-8700 ACCOUNT NUMBER CURRENT BALANCE 4147202021057284 $12348.31 STATEMENT DATE DUE DATE MAR 24 2009 DUE ACCOUNT NUMBER DATE OF LAST PAYMENT 4147202021057284 07/04106 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE MAR 24 2009 38392089 BALANCE DUE $12348.31 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF 4147202021057284 P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT' INTEREST RATE 08/16/06 10/27108 $9007.72 18.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF MAR 24 2009 $3340.59 *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 1\ 38392089 ` 1059 EDWIN A ABRAHAMSEN STATE OF MICHIGAN ) COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs ASHOK AGARWAL , ve , btnna Jason I, ss (--) ?1q - ?-? (D ? AFFIDAVIT being first duly sworn deposes and states: 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 $15592.80 representing the charged off amount and interest. That the said account originally with CHASE BANK/HERITAGE CHASE / CHASE, account number 5491040552884091, 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. is 24th day of March, 2009. pervisor Subscribed and sworn to'before? me, a Notary Public for the State of Michigan, the 24th of March, 2009 as certified by my hand as set forth-An mediate] y below. Notary Public Notary Pubii,,, - rl-chiqur VII •ne County My Comrr-AlOn ExFires &I ,col y Acth in the Counly of 38425049 1059 EDWIN A ABRAHAMSEN qpq-o81N5 0 0 3 8 4 2 5 0 4 9 w i ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 ASHOK AGARWAL 519 COBBLER CT MECHANICSBURG.PA 17050 ACCOUNT NUMBER CURRENT BALANCE 5491040552884091 $15592.80 STATEMENT DATE DUE DATE MAR 24 2009 DUE ACCOUNT NUMBER 5491040552884091 DATE OF LAST PAYMENT 06/29/06 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE MAR 24 2009 38425049 BALANCE DUE $15592.80 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF 5491040552884091 P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 08/11/06 10127/08 11374.49 18.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF MAR 24 2009 $4218.31 *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 0 38425049 1059 EDWIN A ABRAHAMSEN FLEL? ~? +A V n? THE 2909 JU ^42 Fli 1: 1 .*gg.50 PDA7W CK:" 45oq 5 e aas3o8 Sheriffs Office of Cumberland County R Thomas Kline fgLEL ,.OO Sheriff 4tyx? nt L?r,uLrr?,?r¢ erC- RR'-oTpn r Ronny R Anderson Chief Deputy t. 2009 AUG 20 Aid! 9: 38 Jody S Smith ?`?J#E. Civil Process Sergeant OFF?f ` )F I-E ' "? ?? ? , 'r ??/ Edward L Schorpp Solicitor Asset Acceptance LLC Case Number vs. 2009-4953 Ashok Agarual SHERIFF'S RETURN OF SERVICE 08/18/2009 06:41 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 18, 2009 at 1841 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ashok Agarual, by making known unto himself personally, at 519 Cobbler Court 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 August 19, 2009 SOOAANS R 7r R THOMAS KLINE, SHERIFF Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC VS. ASHOK AGARUAL : CIVIL DIVISION Plaintiff : : NO: 09-4953 CIVIL TERM Defendant : PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the amount of $29,086.98. Notice of the intent to file a default judgment was served upon the Defendant on September 24, 2009. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." Edwin A. Abrahamsen & Associates, P.C. AW ak?& - Michael F. Ratchford, squire Attorney I.D. No.: 86285 Attorney for Plaintiff JUDGMENT AND NOW, this day of +W , 20A Judgment is hereby entered in favor of the Plaintiff and against the Defendant in the amouAt of $29,086.98 for failure to respond to Plaintiff's Complaint. ROTH A Y J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC Plaintiff CIVIL DIVISION VS. ASHOK AGARUAL Defendant NO: 09-4953 CIVIL TERM CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: ASHOK AGARUAL 519 COBBLER CT MECHANICSBURG PA 17050-8700 Date: October 22, 2009 Edwin A. Abrahamsen & Associates, P.C. By: A Q16 j Michael F. Ratchford, Esquire Attorney I.D. No.: 86285 120 N. Keyser Avenue Scranton, PA 18504 (570) 558-5510 ASSET ACCEPTANCE LLC In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division VS. NO: 09-4953 CIVIL TERM ASHOK AGARUAL AFFIDAVIT UNDER SOLDIERS AND SAILORS Defendant RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): ASHOK AGARUAL is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): ASHOK AGARUAL is(are) older than eighteen years of age; That the employment status of the defendant(s): ASHOK AGARUAL is(are) unknown. Michael F. RetcWuire Su 20 EDWIN A. ABRAHAMBEN MICHAEL F. RATCHFORD HEATHER K. WOODRUFF' 'ALSO MEMBER OF FL BAR 151 THE LAW OFFICE OF EDWIN A. ABRAHAMBEN & ASSOCIATES, P.C. WWW. EAA-LAW. COM September 25, 2009 ASHOK AGARUAL 519 COBBLER CT MECHANICSBURG PA 17050-8700 Re: ASSET ACCEPTANCE LLC v. ASHOK AGARUAL CUMBERLAND County Civil Action No.: 09-4953 CIVIL TERM Our file No.: AA9-0841 Dear ASHOK AGARUAL: Enclosed please find the Ten Day Notice of Intent to Take Default in regard to the above- noted matter. Please act accordingly. If you have any questions or wish to discuss your outstanding account, please contact me at (570) 558-5510. Edwin A. Abrahamsen & Associates, wocuqj" Heather K. Woodruff, Esquire Enclosure This is a communication from a debt collector in an attempt to collect a debt. Any information will be used for that purpose. 120 NORTH KEYSER AVENUE • SCRANTON, PA 1 8504 0 (P) 570.558.551 0 0 (F) 570.558.551 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC : CIVIL ACTION Plaintiff : vs. ASHOK AGARUAL : NO: 09-4953 CIVIL TERM Defendant : TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: ASHOK AGARUAL 519 COBBLER CT MECHANICSBURG PA 17050-8700 Date of Notice: September 25, 2009 IMPORTANT NOTICE PURSUANT TO PA.R.C.P. 237.1 a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN 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. 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 CIVIL ACTION Plaintiff vs. ASHOK AGARUAL NO: 09-4953 CIVIL TERM Defendant CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on September 25, 2009 I served a copy of the Ten Day Notice of Intent to Take Default in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: ASHOK AGARUAL 519 COBBLER CT MECHANICSBURG PA 17050-8700 Edwin A. Abrahamsen & Associates, P.C. BY: U Michael F. Ratchford, Esquire Attorney T.D. No.; 86285 Heather K. Woodruff, Esquire Attorney I.D. No.: 207805 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 OCT-22-2009 11:56:19 Last Name First/Middle Begin Date Active Duty Status Service/Agency AGARUAL ASHOK Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above-is the current status of the individual as to all branches of the Military. 14. )6k lot Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.htmi WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BQXWMDGCUCG https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 10/22/2009 FlLEu-?? i=1 , THE P, .. , ; ,1TA?? 2009 OCT 29 AM l f : 41 Cumijk in, ? trYPt?Ni. 00 PD ATH cY.?ac?9a p? a3a?aq 1Jd+?e4, IaoxL?P ASSET ACCEPTANCE LLC Plaintiff VS. ASHOK AGARUAL Defendant In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division NO: 09-4953 CIVIL TERM NOTICE OF FILING JUDGMENT Notice is herby given that a money judgment in the above-captioned matter has been entere against you in the amount of $_290086.98 on to cn 0 / (li"' t? I ? 16 7 4., By: ,Y/--- , ? ?M/ If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 120 N. Keyser Avenue Scranton, PA 18504 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236)