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Home My WebLink About10-0963 2067110 ' % THIS IS AN ARBITRATION MATTER. ASSiM EJ 0 DAMAGES HEARING REQUIRED. .t` GORDON & WEINBERG, P.C. ; BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.. 41360 JOEL M. FLINK, ESQUIRE N m Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 ASSET ACCEPTANCE LLC ASSIGNEE OF EXPRESS/World Financial 28405 Van Dyke Ave Warren MI 48093 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. RICHARD A LOPEZ JR 6149 HAYMARKET WAY MECHANICSBURG PA 17050-5211 DOCKET NO. : ID - qU 3 0,-,,,,-l %e'r m 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 l 5 *ga.oo p0 ATr4 ? I 0 Jf ?8 d 3'1 a2lo'7 14 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 3, 2009 in the amount of $2,348.12. 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 12/25/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,348.12 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. IN RG, ESQUIRE JOEL M. FLINK, SQUIRE Attorney for Plaintiff P01A.DB 6 V F, ,.11 -W AT 1QN I hereby stile Hud 1 Anil Me Ygm.A for the pl;lil;lilfhOrein, and M ".1t the facts Sel 611-111 in the atlachol A flit_lavil which is incorp owled by rengence in ille foregoing ('umplaint ill ('ivil Action I:nt' h-v and con-ecl in the bst ofny; I m),,1letlgt, Illf il-illatli)n Hlld liCllef L-Ind 19 haled HI)i)n iltforlmilion plainliff hill Iinni::,hecl to c:onnsd. Re Inngunge in the Conjdaint is To of _r,nnst l =1 nut t:,rphlinliff. A the e:;lent Mill the cnnlenis W he Complaint aw that nfrnnnsel, lilalnlll"I h is relind lip m counsel in Il ak.ing tills verltlcolion. TO vel-I hciltll)n is nude suyed to 18 Pa.US. §4904 which provides fur certain penalties for ma.li_ing false slatements. 1"aln? j J _ udV Melas1 EXHIBIT "A" 7//0 STATE OF MICHIGAN ) COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs RICHARD A LOPEZ JR Defendant, 1, Judy Melasi ss 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 $2283.60 representing the charged off amount and interest. That the said account originally with /EXPRESS / World Financial Network National Bank, account number 000000000310753624, 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. , ?' 'k-A X A kVlaxa? rvis 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 setArth immediately below. Notary L 'I'A WEST Notary Public - Vichigran "loynfa County MY Commission ExpirQ f Acing In the County a 39036221 1064 GORDON & WEINBERG Im im mum 0 0 3 9 0 3 6 2 2 1 ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 RICHARD A LOPEZ JR 6149 HAYMARKET WAY MECHANICSBURG,PA 17050-5211 ACCOUNT NUMBER CURRENT BALANCE 000000000310753624 $2283.60 STATEMENT DATE DUE DATE JUL 28 2009 DUE ACCOUNT NUMBER DATE OF LAST PAYMENT 000000000310753624 12/25/06 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE JUL 28 2009 39036221 BALANCE DUE $2283.60 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF 000000000310753624 P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 03/05/07 03/02/09 $1930.32 10.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF JUL, 28 2009 $353.28 *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 39036221 1064 GORDON & WEINBERG SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor - _ ;ARY 2010 FEB 16 PH 2: 15 0? v U NY Asset Acceptance LLC vs. Richard A Lopez, Jr Case Number 2010-963 SHERIFF'S RETURN OF SERVICE 02/08/2010 06:20 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on February 8, 2010 at 1820 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Richard A. Lopez Jr., by making known unto himself personally, at 6149 Haymarket Way, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 February 09, 2010 SO A WERS 7RNNY R ANDERSON, SHERIFF By AW ?/- Deptffy heriff GORDON&WEINBERG Fax Feb 23 2010 04:59pm P002/005 ?. GORDON & WEINBERG, P.C. 2067110 BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 ' JOEL M. FLIN& ESQUIRE a Identification No.: 41200 - - a 1001 E. HECTOR STREET SUITE 220 f " ` Q CONSHOHOCKEN, PA 19428 - 484/351-0500 ASSET ACCEPTANCE LLC ASSIGNEE EXPRESS WORLD FINANCIAL Vs. RICHARD A LOPEZ, JR COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-963 STIPULATION OF SETTLF24ZNT It is HEREBY STIPULATED AND AGREED that the above-entitled action is settled by agreement of the parties under the following terms and conditions: 1. Defendant and Plaintiff desire to settle the above captioned matter and stipulate that Defendant will pay to the order of Gordon and Weinberg, P.C., attorneys for the Plaintiff, at their offices at 1001 E. Hector Street, Smite 220, Conshohocken, PA 19428, for the sum of One Thousand Nine Hundred Two and no/100 ($1,902.00) Dollars in installments as follows: T a. Three (3) equal and consecutive payments of Five Hundred and no/100 ($500.00) Dollars to be received on or February of each month beginning February ' 2010.' b. One (1) payment of Four Hundred Two and no/100 ($402.00) Dollars to be received May *20 2. Defendant app nerally herein and submits to the jurisdiction of the Court. 3 4. 5. GORDON&WEINBERG Fax Feb 23 2010 04:59pm P003/005 In, the event of a default of any of the above listed conditions and payments, Plaintiff may, upon 10 days notice enter judgment for the relief demanded in the Complaint filed less any payments made plus judicial interest of 60/6 ruing from the date of Ming. Upon full and final compliance with this stipulation, this action shall be deemed fully settled, discontinued and/or satisfied and an Order to Satisfy, Discontinue, and End will be sent to the Defendant's attorney. In accordance with the terms of this agreement there appears to be a related consent order for judgment held in escrow which will automatically extinguish upon, compliance with the above mentioned terms. Gordon and Weinberg, P.C. Joel Esquire /. Date:- 2 - /sS - D &I=I?A. Lopez, Jr. Date: 3 Z Zo 10