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Home My WebLink About10-09612066891 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 2 C 0 M 0 rn m y ::-: fir: rn cA to rY ? , ASSET ACCEPTANCE LLC ASSIGNEE OF AVENUE/World Financial 28405 Van Dyke Ave Warren MI 48093 VS. DIANA K MARCUM 315 WALNUT LN CARLISLE PA 17015-7821 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10 - 4(01 ON C?'j'%,--v--rm 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 $ga.oo P6 ATW mw 103'13$ Rx' a37.t 4o 5 1 41 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 5, 2009 in the amount of $1,477.01. 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. 1 % 7. Defendant's last payment on account was made on 10/19/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,477.01 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. /7) BY: FREDERIC I. ERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A.DB 111wrab 1, le ko I am to Igcnt for the plaili uThwein, alld Ill,lt Ihe: facts Scl 11)1.III ill 111,_ It1;ICIIcCI Llli dvit aldch is Ini_ngynAcd by reIe unce in Ilse tUrCguinl` {1uIl1Phill in t_'1`T ni_L1i111 jnr: II'lli: [II-ii1 It-) lhc. l_'st Wlll'i' 1:I10AVli dge, info'mahun and lir' iefand is hased Lil-col il1I'1lrnla1i,ll1 .t hi,_Il 1:I;linlill llas flll lli:3hN 10 c HIFISd. At Inngluge in the ComphAd is Ihill 01- CI.IIIII'iCl illlil Ilot Jl I-hilllilf. 1 i.l lll_; l'{Tilt Ill 11 IS i;na _ ds or m (_ i)n1plMni My Ihilt ill i:111HOVI: plaillllll Illy; Cc`.IICLI lil)I.ll 1-ul_Ill;;cl in Illrli:illg thl5 veriFiciltiOn. 1 lvis lerlflcul , is We Sl.lljlc cl. Ii 18 PaYS. §190d w1duh provides hir cartain pl_rlalties I'(ar 111aJ<:_ing false sfuteli mN. Judy Ilelasi EXHIBIT "A" r STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs DIANA K MARCUM Defendant, I, AFFIDAVIT being first duly sworn deposes and states: That I an?'Au e 161 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 $1436.73 representing the charged off amount and interest. That the said account originally with /AVENUE / World Financial Network National Bank, account number 000000000140754201, 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. Dated this 28th day of July, 2009. S ervisor Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 28th of July, 2009 as certified by my hand as set forth immediately below. Notary Public 6WI N d1A Notary rubft . Mp*"pA County MY COMMWM Ix JW 13. 2013 ACtMg in t6o County 01 38840150 1064 GORDON & WEINBERG 0 0 3 8 8 4 0 1 5 0 ?, „ K M1l i..ei Atcf PtP ?4?.... ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 DIANA K MARCUM 315 WALNUT LN CARLISLE,PA 17015-7821 ACCOUNT NUMBER CURRENT BALANCE 000000000140754201 $1436.73 STATEMENT DATE DUE DATE JUL 28 2009 DUE ACCOUNT NUMBER DATE OF LAST PAYMENT 000000000140754201 10/19/06 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE JUL 28 2009 38840150 BALANCE DUE $1436.73 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF 000000000140754201 P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 12/21/06 01/07/09 $1185.68 10.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF JUL, 28 2009 $251.05 *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 Y"38840150 1064 GORDON & WEINBERG SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy `r+ d FILE{. rFY 2W FES 19 Aij 52 Edward L Schorpp Solicitor Asset Acceptance LLC vs. Diana K. Marcum Case Number 2010-961 SHERIFF'S RETURN OF SERVICE 02/17/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Diana K. Marcum, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Diana K. Marcum. Debbie Thompson sister of defendant, advised Deputies Diana K. Marcum is deceased. SHERIFF COST: $38.40 February 17, 2010 SO ANS RS, Y ANDERSON, SHERIFF r 1 (Ci CourrySUdiG; Sheriff. Te ooSUft. Ira:. Of CUM David-D. Buell Q Renee X Simpson Prothonotary a 15` Deputy Prothonotary �irkS. Sofionage, ESQ 4�try Irene E. Morrow Solicitor >750 2nd Deputy Prothonotary Office of the Prothonotary Cum6erfand County, cPennsylvania �Q ^ 094O1 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fax(717)240-6573