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HomeMy WebLinkAbout09-76104. 2065855 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 FRIEDMANS PREFERRED/Wor 28405 Van Dyke Ave Warren, MI 48093 Vs. MATTHEW J THORNLOW 439 S FAYETTE ST SHIPPENSBURG PA 17257 ASSESSMENT OF COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. r 04 - 7(o Io 0,. v ? I Ic.r'K 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 $1,214.25. 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 open date of the account was on 03/11/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,214.25 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. NBERG, ESQUIRE JOEL M. FLI , ESQUIRE Attorney for Plaintiff P01A.DB VERIFICATION 1 hereby state that I asn the agent for the plaintiff herein, acid that the facts set forth in the ;Horlicrll A fFFlrlavit i0i;rb is ynrmmnraiPfj try ,•P.fP.rP.nr.P. in 6P. forP.aninv C ni-onlainf in Civil Action lre true and con-e.ct to the best of my knowledge, information and belief and is based upon nformailen 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 coLmsel; )Jaintiff 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. ` Q 11,'t Name ' i Deann6joson EXIBITH "A" zo 6 5ns' STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs MATTHEW J THORNLOW Defendant, AFFIDAVIT t being first duly sworn deposes and states: I, Dmi nno 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 $1197.44 representing the charged off amount and interest. That the said account originally with /FRIEDMANS PREFERRED / World Financial Network N, account number 005856373470663951, 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. 20th day of July, 2009. Subscribed and sworn to be re me a Notary Public for the State of Michigan, the 20th of July, 2009 as certified by my hand as set forth immebiateFy below. Notary Public f 38896190 1064 GORDON & WEINBERG 0 0 3 8 8 9 6 1 9 0 ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 MATTHEW J THORNLOW 439 S FAYETTE ST SHIPPENSBURGRA 17257 ACCOUNT NUMBER CURRENT BALANCE 005856373470663951 $1197.44 STATEMENT DATE DUE DATE JUL 20 2009 DUE ACCOUNT NUMBER DATE OF LAST PAYMENT 005856373470663951 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE JUL 20 2009 38896190 BALANCE DUE $1197.44 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF 005856373470663951 P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 03/11/07 01/07/09 $1005.88 10.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF JUL 20 2009 $191.56 *For purposes of this Statement only, Charge Off Amount reflects credits for payments received by Asset, if any. ** Not previously sent to consumer. THIS COMMUNICATION IS FROM A DEBT COLLECTOR 38896190 1064 GORDON & WEINBERG Fl oo?r ?c OF THE 1ag9 No%j -4 Pry 12: 59 *,X.50 Pp AITq Ct'$-gtar13 a,3a.Q 8o R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ~~~tititt~,, a~ ~anit~rr/;~t ., J . ~ ~y t . . -. r~ L ~. ,. ~~~= - - Asset Acceptance LLC vs. Matthew J. Thornlow Case Number 2009-7610 SHERIFF'S RETURN OF SERVICE 11/13/2009 06:47 PM -Tim Reitz, Corporal, who being duly sworn according to law, states that on November 13, 200E at 1847 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Matthew J. Thornlow, by making known unto himself personally, at 439 S. Fayette Stree Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to hirr personally the said true and correct copy of the same. SHERIFF COST: $46.00 November 16, 2009 SO ANSWERS, ~;~~r ~~~ R THOMAS KLINE, SHERIFF ~~ /'~/'~ Co ral ~/ SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~- .: ;~ _ CORDON & 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 2065855 ASSET ACCEPTANCE LLC ASSIGNEE OF FRIEDMANS PREFERRED/Wor vs. MATTHEW J THORNLOW n o C o ~~i L Y- ~_ w .- - ., -~, COURT OF COMMON PLEAS ..=r CUMBERLAND COUNTY ~'' c.~ DOCKET N0. 09-7610 PRAECIPE FOR ENTRY OF JZ3DGMENT FOR NANT OF AN ANSNER. A33E33MENT OF DAMAGE3 VERIFICATION OF ADDRE33 AND NOTT-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: $1,214.25 5.00) $1,214.25 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 FRIEDMANS PREFERRED/Wor and that the last known address of defendant, MATTHEW J THORNLOW, 439 S FAYETTE ST, SHIPPENSBURG PA 17257. ::~ r= ~~ ~~ a _.~ _~: ~~ ~i'~.oo PQ Al1^/ CL~' l0185q 2~a3~a49 No~h~. I~o~I 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 ~3`N' day of ~~ oZ010 -~8~9 Judgment is entered in favor of the plaintiff(s) and agai st defendant(s) by default for want of an answer and damages assessed at the sum of , $1,214.25 as per the above ce tif'cation Proth otary GORDON & WEINB G~, P.C. BY: / / 1 FREDERIC~~NBERG, ESQUIRE JOEL M. , 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 ASSET ACCEPTANCE LLC ASSIGNEE OF FRIEDMANS PREFERRED/Wor vs. MATTHEW J THORNLOW 2065855 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 09-7610 NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA . MATTHEW J THORNLOW 439 S FAYETTE ST SHIPPENSBURG PA 17257 DATE OF NOTICE/FECHA DEL AVISO: 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: FREDERI I. WEINBERG, ESQUIRE JOEL M. LI K, ESQUIRE P10D-2 • .,, 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 2065855 ASSET ACCEPTANCE LLC ASSIGNEE OF FRIEDMANS PREFERRED/Wor vs. MATTHEW J THORNLOW 439 S FAYETTE ST SHIPPENSBURG PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 09-7610 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. jRl Judgment by Default $1,214.25 ~ Money Judgment $ ~ Judgment on A~-ard of Arbitratora$ ~ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, E QUIRES AT THIS TELEPHONE NUMBER: 484/351-050 PRO TARY