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2069963
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/MBNA
28405 Van Dyke Ave
Warren MI 48093
VS.
JAMES M PERRY
323 W MAIN ST
MECHANICSBURG PA 17055
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : Dq - 8148 ` -lvik7erM
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
I!
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 13,
2009 in the amount of $43,490.04.
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 11/30/05.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$43,490.04 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
G, ESQUIRE
FREDERIC I WE*aint
JOEL M. F INK, IRE
Attorney iff
P0
1A.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 fiu-nished 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 Fa.C.S. §4904 which provides for certain penalties for making false statements.
Judy Melasi
EXHIBIT "A"
STATE OF MICHIGAN )
)
COUNTY OF MACOMB )
ASSET ACCEPTANCE, LLC
Plaintiff,
vs
JAMES M PERRY
Defendant,
1, Judy Melaei
,
ss3
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 $42561.22 representing the charged off
amount and interest.
That the said account originally with BANK OF AMERICA/MBNA/, account number
4264294216956054, 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.
D d this 15th day of September, 2009. ,
Its Y
perviso
Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 15th of September, 2009 as
certiffd by my hand as set forth ixnmodiately belew.
Notary
MACOMB
37505375 Its ME I ME Inn Him Iml
1064 GORDON & WEINBERG 1111111111111
0 0 3 7 5 0 5 3 7 5
as'.:a! Actao ton rw.....
ASSET ACCEPTANCE LLC
P.O. Box 2036
Warren, MI 48090
JAMES M PERRY
323 W MAIN ST
MECHANICSBURG,PA 17055
ACCOUNT NUMBER CURRENT BALANCE
4264294216956054 $42561.22
STATEMENT DATE DUE DATE
SEP 15 2009 DUE
ACCOUNT NUMBER DATE OF LAST PAYMENT
4264294216956054 11/30/05
DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE
SEP 15 2009 37505375 BALANCE DUE $42561.22
ASSET ACCEPTANCE LLC, A LIMITED
LIABILITY COMPANY ORGANIZED AND
EXISTING UNDER THE LAWS OF THE
STATE OF DELAWARE, ASSIGNEE OF
4264294216956054
P.O. Box 2036, Warren, MI 48090
DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE
02/18/06 06/03/08 $27296
23 18
00%
. .
SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF SEP 15 2009
$15264.99
*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
37505375
J 1064 GORDON & WEINBERG
2009 NOV 23 PM 3* G 1
? i?fT4
*gZ•5b PQ ATM
co CA (01-S
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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
2069963
ASSET ACCEPTANCE LLC ASSIGNEE
OF BANK OF AMERICA/MBNA
vs.
JAMES M PERRY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET N0. 09-8148.
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SIIGGESTION OF BAN1QtUPTCY OF DEFENDANT --
TO THE PROTHONOTARY:
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AND NOFT, this February 16, 2010, it is suggested of record
that Defendant, JAMES M PERRY, filed a petition in bankruptcy
under Chapter 7 of the Bankruptcy Code on or about February 12,
2010, in the United States Bankruptcy Court for the Middle
District of Pennsylvania, docket number 10-01018. Therefore,
this matter should be stayed until further notice.
CORDON & WEINBERG, P.C.
BY:
FREDERIC WEI BERG, ESQUIRE
JOEL M. IN ESQUIRE
Attorney for Plaintiff