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HomeMy WebLinkAbout09-80802070346 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 ASSESSMENT OF ASSET ACCEPTANCE, LLC ASSIGNEE OF BANK OF AMERICA 28405 van Dyke Ave Warren MI 48093 VS. KRISTIE A SCOTT 101 LAWRENCE LN 1 CARLISLE PA 17015-9439 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : C39 - qoC b CI U"C--( N OTICE 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 or Affidavit 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 November 10, 2009 in the amount of $1,912.35. 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 12/7/05. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,912.35 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE G, ESQUIRE JOEL M. FLINK, ESQUIRE 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 which 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 malting this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for malting false statements. i 0 Name PAMELA MCCULLOUGH EXHIBIT "A" STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs ) ) AFFIDAVIT KRISTIE A SCOTT Defendant, I, PA M FL -A McC UL LU-) (; t being first duly sworn deposes and states: ?G-7or??- 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 $1881.25 representing the charged off amount and interest. That the said account originally with BANK OF AMERICA/, account number 4888930234331178, 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. th day of September, 2009. L / sor Subscribed and sworn to before me Notary Public for the State of Michigan, the 28th of September, 2009 as certified by my hand as set forth im ediately below. ry blic 37454233 0 0 3 7 4 5 4 2 3 3 ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 KRISTIE A SCOTT 101 LAWRENCE LN 1 CARLISLE,PA 17015-9439 ACCOUNT NUMBER CURRENT BALANCE 4888930234331178 $1881.25 STATEMENT DATE DUE DATE 009 F SEP 212 DUE ACCOUNT NUMBER 4888930234331178 DATE OF LAST PAYMENT 12/07/05 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE SEP 28 2009 37454233 BALANCE DUE ASSET ACCEPTANCE LLC, A LIMITED $1881.25 LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF AALLC/BANK OF AMER P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 01/12/06 06/02/08 $1028.30 24.00% IE SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF SEP 28 2009 $852.95 *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 37454233 1064 GORDON & WEINBERG 09 FLED-OFFICE .)F THE 111-, 1009 h0Y 20 PM 12: 58 so-LL ?gk1 CK'?I ?t72a? ?33QG?