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HomeMy WebLinkAbout09-7609 2065818 THIS IS AN ARBITRATION MATTER. 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 BLAIR/World Financial C 28405 Van Dyke Ave Warren, MI 48093 VS. PATSY DIETRICH 433 N HANOVER ST 6 CARLISLE PA 17013-1930 ASSESSMENT OF COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : C A -7W 0-4v1(-1&(% 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 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 September 3, 2009 in the amount of $973.07. 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 11/15/2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $973.07 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI G, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A.DB VERIFICATION 1 hereby state that I ain the agent for the plaintiff herevl, and that the facts set forth in the ,tlo`l,od d ff;da„ii .vh,;ci; is ynrmmnraieri by rP.fP.rP.nre in the. foTP.going Complaint in Civil Acllon ue true and con-e.ct to the. best of my knowledge, informalion and belief and is based upon rifornnalion which plaintiff has furnished to counsel. The language in the Complaint is that of :ounsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, )lainliff has relied upon counsel in making this verification. This verification is made siubjecl to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. Name r DeannoJoso EXIBITH "A"' STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs PATSY DIETRICH AFFIDAVIT 20 6 S?1 ?r Defendant, ) I, Deanna Jason 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 $960.21 representing the charged off amount and interest. That the said account originally with /BLAIR / World Financial Capital Bank, account number 005780981003879018, 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 20th day of July, 2009. sor Subscribed and sworn to bere a Notary Public for the State of Michigan, the 20th of July, 2009 as certified by my hand as set forth imme ly below. Notary Public .,,T. i, 38883167 1064 GORDON & WEINBERG 0 0 3 8 8 8 3 1 6 7 .etf A;4 t5.l9nLt ... ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 ACCOUNT NUMBER CURRENT BALANCE 005780981003879018 $960.21 STATEMENT DATE DUE DATE JUL 20 2009 DUE PATSY DIETRICH 433 N HANOVER ST 6 CARLISLE,PA 17013-1930 ACCOUNT NUMBER DATE OF LAST PAYMENT 005780981003879018 11/15/06 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE JUL 20 2009 38883167 BALANCE DUE $960.21 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF 005780981003879018 P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 05/11/06 01/07/09 $769.21 10.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF JUL 20 2009 $191.00 *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 r1 38883167 \! 1064 GORDON & WEINBERG Q PLED-OFFICE OF THE r `'Y? `".'NARY 2009 NOY -4 Phi I2= 59 #'18. 60 PA AT"N c0gI0,15 P4 a3 a9?9 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor p??tr o!turrb???? OFflt_E :?F'HE S-:RIFt= 'OF M7?? 209 NOY 1.7 AM & 40 Asset Acceptance LLC vs. Patsy Dietrich Case Number 2009-7609 SHERIFF'S RETURN OF SERVICE 11/13/2009 03:10 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on Novembei 13, 2009 at 1510 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Patsy Dietrich, by making known unto herself personally, at 433 N. Hanover Street Suite 6 Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 November 16, 2009 SO ANSWERS, °'? 49!!W R THOMAS KLINE, SHERIFF By Deputy She iff jC) GeuntySuite Shenft_ Teleosoft_ Inc., 2065818 GORDON & WEINBERG, P.C. n a v BY: FREDERIC I. WEINBERG, ESQUIRE ~- o ~" Identification No.: 41360 - ,-;,~, ~„, - -n rzi JOEL M. FLINK, ESQUIRE °>:- ' "` ~ -~ m Identification No.: 81894 c~: _ ca '~~~ 1001 E. Hector Street, Ste 220 4~ ._.' ..;~ ~:.;., Conshohocken, PA 19428 . . -:~- ~ 484/351-0500 ? tom. .. ~ ~ ASSET ACCEPTANCE LLC ASSIGNEE OF BLAIR/World Financial C vs. PATSY DIETRICH COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 09-7609 PRAECIPE FOR ENTRY OF J[JDGi4ENT 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 Less: Payments on Account Total: ~I~.oo PD ATh/ $973.07 C~~ld858 $30.00) R-~o23~00~ $943.07 ~~ ~' 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 BLAIR/World Financial C and that the last known address of defendant, PATSY DIETRICH, 433 N HANOVER ST--# 6, CARLISLE PA 17013-1930. 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. ~ aa~ o AND NOW, this ~3`~' day of ~ ~-9fr} Judgment is entered in favor of the plaintiff(s) and aga'nst defendant(s) by default for want of an answer and damages assessed at the sum of , 5973.07 as per the above ce if' at' Pro onotary GORDON & WEINBERG~P.C. BY: J~% FREDERIC WE BERG, ESQUIRE JOEL M. F ESQUIRE Attorney for Plaintiff 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 2065818 ASSET ACCEPTANCE LLC ASSIGNEE OF BLAIR/World Financial C vs. PATSY DIETRICH TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 09-7609 NOTICE OF INTENTION TO TARE DEFAULT PATSY DIETRICH 433 N HANOVER ST--# 6 CARLISLE PA 17013-1930 DATE OF NOTICE/FECHA DEL RVISO: December 4, 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 NBERG, ESQUIRE JOEL M. LIN ESQUIRE P10D-2 2065818 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 BLAIR/World Financial C vs. PATSY DIETRICH 433 N HANOVER ST--# 6 CARLISLE PA 17013-1930 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 09-7609 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. ~L Judgment by Default $973.07 ~ Money Judgment $ ~ Judgment on Award of Arbitrators$ ~[ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, P ASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, E UIRES AT THIS TELEPHONE NUMBER: 484/351-05 `1 ~2 PROTHONOTARY ~ ., ~