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Home My WebLink About04-2442 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA of FIRST USA BANK N.A. IN CIVIL ACTION -vs- Plaintiff(s) JEFF DEITRICK and CAROL A. DEITRICK, jointly and severally Defendant(s) COMPLAINT CODE - FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ASSET ACCEPTANCE, LLC assignee of FIRST USA BANK N.A. NO. IN CIVIL ACTION -vs- Plaintiff(s) JEFF DEITRICK and CAROL A. DE/TRICK, jointly and severally Defendant(s) NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the followiag 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 yon. You are warned that if you fail to do so, the case may proceed without yon 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, 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 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3166 Toll free: 1-800-990-9108 COMPLAINT 1 Plaintiff is a corporation whose address is 2036 Miller Road, Warren, MI 48090, and, as the assignee of First USA Bank, N.A., stands in its assignor's stead, and both are hereinafter referred to interchangeably as "Plaintiff". 2. On October 3, 2002 Assignor sold, assigned and transferred to Plaintiff all of Assignor's right, title and interest in, and to the agreement between Assignor and Defendant. Assignor had the right to assign the agreement. Defendant was notified of the assignment, in writing. Copies of the assignment and A~davit are attached hereto as Exhibit "Al-2." 3. All conditions precedent to Assignor's right to be paid under the term of the the contract have occurred. 4. Defendants are individuals residing at 794 Wissel Lane, New Cumberland, Cumberland County, Pennsylvania 17070, and who are hereinafter referred to collectively as '~Defendant. " 5. At a specific instance and request of the Defendant, ~he Defendant applied for and was granted a credit card by the Plaintiff at the terms and conditions agreed upon by the parties, as is more specifically shown by the Application and Agreement, a true and correct copy of which is attached hereto, marked Exhibit "B1-2" and made a part hereof. 6. The Plaintiff avers that the agreement between the parties was based upon a written agreement which ~he Defendant accepted by using the credit card to make purchases and/or cash advances. 7. Thereafter, in breach of obligations under the Agreement, the Defendant failed to make payments as they became due. 8. Plaintiff avers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 9. Plaintiff avers that the balance due amounts to $22,203.32, as is more specifically shown by Plaintiff's Statement of Account, a true and correct copy of which is attached hereto, marked Exhibit "C" and made a part hereof. 10. Plaintiff avers that interest has accrued at the rate of 9% per annum on the balance due from June 3, 2003. 1]. Per the terms of the agreement, the Defendant has agreed to pay to the Plaintiff as liquidated damages, the costs of collection, including all reasonable attorneys' fees incurred in the collection of monies owing which will amount to 20% of the amount due. 12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due Plaintiff or any part thereof. WHEREFORE, Plaintiff demands Judgment against both Defendants, jointly and severally, in the principal amount of $22,203.32, with appropriate additional interest from June 3, 2003, plus attorneys fees and costs. APPLE AND APPLE, P.C. 4 ~'XmislT A Fire US.~ B~I~ N.A, (~Rer"), for valu~ received ~ c~in r~vables, jnd~en~ or ~id~ces of debt dem~ed Amounts due to Seller by Pta~baser ir~ h~reunrter shfi~ ~ ~d U~S. r~eived by Sell~ ~ ~ 4, 2~2 (~e~"Cl~ing Dam'~ ~ 2:00 p~; ~ ~B~NA Aceonnt: 4072~-1~10~00 A~ce,mcni to which thi~ is an Exhibit. No other tepre~ntefion of or m oftffi* Or enforceability iS expressed or implied. SELLER: Title: Date: STATE 3F MICHIGAN ASSET ACCEPTANCE LLC Plaintiff, vs JEFF DEITRICK YCAROL A DEITRICK Defe~da~E, AFFIDAVIT That I am the Outsourcing Supervisor of ASSET ACCEPTANCE LLC, a Limited Liability Company organized and existing under the laws of the S~ate of Delaware and doing business That there ~s justly due and owing on the account by ~he Defendant to Tha~ Plaintiff ha~ received the business records kept in the ordinary course of business by the original creditor, which show and document the balance due and owing. That diligent inquiry to determine if the Defendant is in the mi!lta~f service of the United States of America, and have deter~ll~ed that Defendant is not in such military se~/ice and is therafore not ensitled to the rights and privileges provided under the Soldiers and Sailors Civil Relief Act of 1940, as amended. Dated this 02nd day of June, 2003. T. TRANCHIDA, OUTSOURCING SUPERVISOR S~scribed and sworn to before me, a Notary ~lic for the State of Michigan, the 02nd of J~e. 2003 as certified Dy my hand as set forth immediately below. ~ / 000010140~ 530301610073 ASSET ACCEPTANCE LLC Sta~emen~ of AcCo%ln~ FIRST USA B~K / FIRST USA BANK JEFF DEITRiCK ~CANOL A DEITRICK ADDRESS 555 BROWNS ~N ENOLA PA 17025 2904 ASSET ACCEPTANCE LLC ACCOUnt # 9681301 Orlgi~al Lender ACCOLK~t # 5417122424~26884 Purchase Date 10/04/02 Principal Amoun. t 18514.60 Oa~e Of Charge Off 02/28/01 Dated this 02nd day of June, 2003. Delaware Limited Liability Company doing business ~%AC/FIRST USA BAN~ 10/02 9681301 S417122424126884 APPLE & APPLE P.C. SERVICE LAST DATE PAYT~ENT BAL&NCE 08/02/00 07/19/00 22203.32 22203.32 TOTAL AFFII) AVIT herein, verify that the s~atemengs of fact contained in the foregoing Complaint are true and correcL I understand that fa&se s~a~ements herein are made subjec~ to the penalties of 18 Pa. C.S. §4904, relating to unsworn £Msificztion to authorities. A~ant Title Address Citz State and Zip IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ASSET ACCEPTANCE, LLC assignee of FIRST USA BANK N.A. ~ro. 04-2442 CIVIL IN CIVIL ACTION -vs- Plaintiff(s) JEFF DEITRICK and CAROL A. DE/TRICK, jointly and severally Defendant(s) PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE CODE - FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA. I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fa~: (412) 682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ASSET ACCEPTANCE, LLC assignee of FIRST USA BANK N.A. NO. 04-2442 CIVIL liN CIVIL ACTION -rs- Plaintiff(s) JEFF DEITRICK and CAROL A. DEITRICK, jointly and severally Defendant(s) PRAECIPE TO DISCONTINUE WITHOUT PREJUDIC, E TO THE PROTHONOTARY SIR: Kindly discontinue without prejudice the above-captioned matter upon the records AND SUBSCRIBED DAY OF , 204 of the Court. SWORN TO BEFORE ME THIS I ...... APPLE AND APPLE, P.C. By: