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Home My WebLink About09-6065 m 2065733 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 CAPITAL ONE BANK,NA 28405 VAN DYKE AVENUE WARREN, MI 48093 VS. DARRYL S HODGE 69 W NORTH ST CARLISLE PA 17013-2320 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : CA - 10o 5 Civ ik Term 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 creditors 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 August 26, 2009 in the amount of $1,359.39. 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 10/4/05. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,359.39 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE BE G, ESQUIRE JOEL M. FLINK, ESIQUIRE Attorney for Plaintiff P01A.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 whicli 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 making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. Name PAMFLA MCCULLOUGH .21?7/& / 23 STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs DARRYL S HODGE Defendant, I PAMELA McCULLOUGH 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 $1334.58 representing the charged off amount and interest. That the said account originally with CAPITAL ONE BANK, NA/, account number 5291072257037453, has been purchased by ASSET ACCEPTANCE, LLC, who now owns said account and has all rights connected therewith_iwj,uding the right to institute this action. day of July, Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 17th of July, 2009 as certified by my hand as set forth immediately below. 0-, Luz?c Notary Public . Plir,n; r 39375481 1064 GORDON & WEINBERG 0 0 3 9 3 7 5 4 8 1 AYs}'C ALC.}LIi AL} -. ?. ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 DARRYL S HODGE 69 W NORTH ST CARLISLERA 17013-2320 ACCOUNT NUMBER CURRENT BALANCE 5291072257037453 $1334.58 STATEMENT DATE DUE DATE JUL 17 2009 DUE ACCOUNT NUMBER DATE OF LAST PAYMENT 5291072257037453 10/04/05 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE JUL 17 2009 39375481 BALANCE DUE $1334.58 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF 5291072257037453 P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 11/07/05 04/23/09 $711.98 24.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF JUL 17 2009 $622.60 *For purposes of this Statement only, Charge Off Amount reflects credits for payments received by Asset, if any. ** Not previously sent to consumer. THIS COMMUNICATION IS FROM A DEBT COLLECTOR 39375481 1064 GORDON & WEINBERG WMATARY OF TI i 2009 SEP -4 PM 2.02 P?tt?s?'tvA +119.50 Pty AT y ct,# 898a,l e a3aal Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ALE(:3 ,'FiIC EE OF THE P?C7 -1r,)N0TA Y 2009 SEP I I AIDS 0 4 3 CUM FEI~ NS`fL; OA Asset Acceptance LLC vs. Darryl S. Hodge Case SHERIFF'S RETURN OF SERVICE 09/08/2009 08:30 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on September 8, 2009 at 2030 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Darryl S. Hodge, by making known unto himself personally, at 69 North Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to hint' personally the said true and correct copy of the same. SHERIFF COST: $33.40 September 09, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By Deputy Sheriff 2065733 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 ASSET ACCEPTANCE LLC ASSIGNEE OF CAPITAL ONE BANK,NA VS. DARRYL S HODGE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-6065 PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $1,359.39 Less: Payments on Account ( $.00) Total: $1,359.39 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: ASSET ACCEPTANCE LLCASSIGNEE OF CAPITAL ONE BANK,NA and that the last known address of defendant, DARRYL S HODGE, 69 W NORTH ST, CARLISLE PA 17013-2320. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. . AND NOW, this 44L day of 004 , 2009 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $1,359.39 as per the above c rtification. S r thonotary oklj GORDON & WEINBEn, P. BY: ` FREDERIC WE RG, ESQUIRE JOEL M. LINK, ESQUIRE Attorne for Plaintiff 2065733 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 DARRYL S HODGE ASSET ACCEPTANCE LLC ASSIGNEE OF CAPITAL ONE BANK,NA TO/PARA Vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-6065 NOTICE OF INTENTION TO TAKE DEFAULT DARRYL S HODGE 69 W NORTH ST CARLISLE PA 17013-2320 DATE OF NOTICE/FECHA DEL AVISO: September 29, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: /"'? FREDERIC . W INBERG, ESQUIRE JOEL M. LINK, ESQUIRE P10D-2 OF THE °R?TP'CN'0jTA9Y 2009 NOV -4 Ph 12: 53 G?,w T y $14,00 Pp Ail-4 asolq 01 2065733 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 CAPITAL ONE BANK,NA VS. DARRYL S HODGE 69 W NORTH ST CARLISLE PA 17013-2320 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-6065 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. /XL Judgment by Default $711.98 Money Judgment $ ?L Judgment on Award of Arbitrators$ ?L Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 s ?i":. P. R THONOTARY ore