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HomeMy WebLinkAbout09-5409 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC PO Box 2036 Warren, MI 48090 vs. PAUL SHEFFER 63 F ST CARLISLE PA 17013-1409 CIVIL ACTION Plaintiff NO: ( - ??{09 0 V -TC'fh 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. PAUL SHEFFER 63 F ST CARLISLE PA 17013-1409 Defendant NO: O1- .Selo -? T,- 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 PAUL SHEFFER (hereinafter "Defendant") is an adult individual residing at 63 F ST CARLISLE PA 17013-1409. 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 4147202016510032. 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 number4147202016510032, 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 Account Statement 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 September 26, 2006. 11. The principal amount was $9,796.15 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 $13,757.60. 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 $13,757.60 plus costs of suit and any other relief as the Court deems just and appropriate. Respectfully submitted, Edwin A. Abrahams & Assoc. Michael F. Ratch r , Esquire Heather K. Wo f, Esquire Attorney I.D. : 86285/207805 120 North Keyser Ave. Scranton, PA 18504 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. STATE OF MICHIGAN ? s. COUNTY OF,10ACON-M ASSF-T ACCf:t'TANCE. LLC ) ) Plaintiff, ) AFFIDAVIT PAUL SHEFFER ) r Detcndant, Deonna ) I, Jason being first dal}• to urn delx}u;s and state,: - ) 1'hul I and (tie Sul?rrviNur vl ?tS!+IiT r1(:(:liLLC a ].intitcd 1.iahility cctutp:ut}+ Urganind and e.%kling under the laws of the' State W' Delaware :[1nl doing ltiuriness at P.O. BOX 2041, W.1Ftkl'N, Ml 4K090_ That Ihere.. is justly glue .and o%%ing on the. account, the. sum r+1' 5 135pCs_39 re presenting the charged off anumnt and inlt•rem. i That the. said account uriginaily with CHASE BANK/First USA /Chair, account number 4 1 4 720201 05 1M32, has hLx:n purchased b? , SSiil' .??('CF:IrI'.?tiC'F„ LLC, Whp rtuu- o%'n% said account 'Lund h,js all rights c[rrrncrlcd thm-with including (lu' righl lo institute. 1111". action. 02nd &ty of July, 2009_ pervtsor Subscribed :anti .aorn kr before rt1c, by my hadd as scl forth inur}t•trikitel} Notary Notar Public for the titan. of Michigan, the 02nd of 1uhv, 2009 as certified r.i •. car etc l Vr- cf-intj wry cor.,i*ra,on Exr1 L- -Fi 2, Fyl 3tt7rr 1611 1059 FOWIM1 A rllikr1IIANTSr:,\ ?t J r ? f ?`•?-' r moo P.O. fiox 2036 Warren, MI4R(Y)() PAUL tiF11.1=1:t:R (13FST ('ARLIS ,li.1'A 1761)-1-14A) AC COUYI' NiJMBER I C'URREITI' BALANC E 414720201651 (X)32 S13506-39 STATE.NIENT DATH ` U[!li I)r17"E JUI. 02 2(X)9 I)kI13 -? ACCOtJNrT INUNIBFR Dr1'fE O LAST PAI-IMENI" 41-17.102016511x112 I iKJt2601 t DATE IiETERENCT. NO ACC OUNTINH)"IA'I-liM BALANCE DUE fUL022(Y)9 38781631 13ALANCIiD11H I $13506.39 Atitili') J1{'c;lil''Ir1N('I: i.I.(', A 1.IM111:1) I.IrLRILITY ComPANY ()RGANI%liD AND I :X)S7[tit; UNDER -H iC LAWS 01: THE S?I A'I E C)I: 1)FLAWA1RIi, ASSIGNI:I?OF •11-177 016.1100U 1'.t> HLA 2036, Warivri, h11 41t{l O I DATE. (W 1)1-'UN0tJF:N 'Y PURCIIASCI)ON {:IIAIttiL OFF AM1JOHNT' INTF REST RATI; IIV19/06 12/72108 $t)79G.IS I IS.{)i;Kk I NJiRVIC:I? ADDRIiSs(11: AI'll.I1 AIIf.L') IN'ITRI:tiI'-DUP AS 11}' JUI, 02 2009 $1710?4 *For purlxs•e: of thk Statenxnl oniv, Charge Off Asset. if any. Ai munl rcf cci , credit% for payme m: rt ecit-c(l by TI IIS COMMUNICATION IS FROM A DEBT CtLLECTOR MK1631 10591i1)N'IN A AHRAIIANIS1:Y 0 !`f L U? iY,i;J t o C U x'18.50 P 0 ATrY C_*- 4 to q 5o ut aa8'1s9 Sheriffs Office of Cumberland County R Thomas Kline Sh ri rr e ttr rrt t?ir?i?br ? rf ? Ronny R Anderson ° " `1D L?IO? ( 2 I I +`. Chief Deputy ''Y r . Jody S Smith r ti, Civil Process Sergeant OFFZE OF rhE SHERIFF Edward L Schorpp Solicitor Asset Acceptance LLC vs. Case Number . Paul Sheffer 2009-5409 SHERIFF'S RETURN OF SERVICE 08/07/2009 02:37 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on August 7, 2009 at 1437 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Paul Sheffer, by making known unto himself personally, defendant at 63 F Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS, August 10, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC Plaintiff VS. PAUL SHEFFER Defendant CIVIL DIVISION NO: 09-5409 CIVIL TERM 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 $13,757.60. Notice of the intent to file a default judgment was served upon the Defendant on September 16, 2009. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." Edwin A. Abrahamsen & Mchael F. Ratchf Attorney I.D. No.: Attorney for Plaiyl JUDGMENT _3, Judgment is hereby entered in favor AND NOW, this day of200 of the Plaintiff and against the Defendant in the amount of $13,757.60 for failure to respond to Plaintiff's Complaint. THE PROTHONOTARY bKA J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC Plaintiff VS. PAUL SHEFFER Defendant CIVIL DIVISION NO: 09-5409 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: PAUL SHEFFER 63 F ST CARLISLE PA 17013-1409 Date: October 1, 2009 Edwin A. Abrahamsen & Associates, P.C. Attorney I.D. No.: 120 N. Keyser Scranton, PA (570) 558-5 0 uire 5 ASSET ACCEPTANCE LLC VS. PAUL SHEFFER In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division NO: 09-5409 CIVIL TERM 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): PAUL SHEFFER 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): PAUL SHEFFER is(are) older than eighteen years of age; That the employment status of the defendant(s): PAUL SHEFFER is(are) unknown. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC CIVIL ACTION Plaintiff : vs. PAUL SHEFFER : NO: 09-5409 CIVIL TERM Defendant : TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: PAUL SHEFFER 63FST CARLISLE PA 17013-1409 Date of Notice: September 16, 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. PAUL SHEFFER NO: 09-5409 CIVIL TERM Defendant CERIFICATE OF SERVICE I, Heather K. Woodruff, Esquire, hereby certify that on September 16, 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: PAUL SHEFFER 63 F ST CARLISLE PA 17013-1409 Edwin A. Abrahamsen & Associates, P.C. BY: ?,-A I I A X /1 M U: Heather`KI Woodruff, Esq 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-01-2009 11:42:20 . Last Name First/Middle Begin Date Active Duty Status Service/Agency SHEFFER PAUL 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. IA. 4w? fn 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:i,/ww.det*enselink.mil/taq/pis/fIC09S[..DR.litml 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 !D. /DWPXRNQWN https://www.dmde.osd.mil/scra/owa/scra.prc_Select 10/1/2009 FUD- FFiCE OF THE P ; THONIOTARY 2009 OCT -S PM 12: 41 PENNSYLV91A. 414.co PD A`r l Cart aba I ? a31?3s Nvhee k"d ASSET ACCEPTANCE LLC vs. PAUL SHEFFER In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division Defendant NO: 09-5409 CIVIL TERM NOTICE OF FILING JUDGMENT Notice is herby given that a money judgment in the above-captioned mater as been entered against you in the amount of $ 3 1T?op on _1p p By: a w IL.. DIy? If you have any questions regarding this notice, please contact the filing parry: 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)