Loading...
HomeMy WebLinkAbout10-1408IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC PO Box 2036 Warren, MI 48090 : CIVIL ACTION Plaintiff : vs. ELIZABETH K VANEK 1920 WALNUT BOTTOMRD CARLISLE PA 17015 : NO: 16 - (1}08 Defendant 1 4 1?I? _ A 3: 28 ?UPJ ?E y eiv It Te rr+ NOTICE TO DEFEND 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 to Defend are served, by entering a written appearance personally or by an 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 judgment 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 v-rf 40U, oK) P6 Ctt W97 P-7* a3s l A7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC PO Box 2036 CIVIL ACTION Warren, MI 48090 VS. ELIZABETH K VANEK 1920 WALNUT BOTTOMRD CARLISLE PA 17015 Plaintiff NO: Defendant 16, COMPLAINT Plaintiff, ASSET ACCEPTANCE LLC, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, ASSET ACCEPTANCE LLC, (hereinafter "Plaintiff') is a Michigan corporation with a principal place of business located at PO Box 2036 Warren, MI 48090. 2. The Defendant ELIZABETH K VANEK (hereinafter "Defendant") is an adult individual residing at 1920 WALNUT BOTTOMRD CARLISLE PA 17015. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. COUNTI BREACH OF CONTRACT 4. Plaintiff incorporates by reference the previous allegations of its complaint as if fully set forth herein at length. 5. Defendant applied for and received a credit card issued by CHASE BANK with the account number 4417122646338534. 6. The within account was sold by CHASE BANK to ASSET ACCEPTANCE, LLC for valuable consideration and all rights under said accounts were assigned to ASSET ACCEPTANCE, LLC. 7. Use of the CHASE BANK credit card was subject to the terms of the Cardmember Agreement, a copy of which was sent to the Defendant along with the credit card. (See, Credit Card Agreement attached hereto as Exhibit "A") 8. Defendant used the CHASE BANK credit card account number4417122646338534, for purchases, cash advances and/or balance transfers. 9. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 10. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 11. The account became delinquent July 2, 2007. 12. The principal amount was $9,105.92 at the time it was received by Plaintiff. 13. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 18%. 14. The total amount due and owing the Plaintiff including interest, is $12,437.94. 15. Pursuant to the terms of the Agreement, Defendant is liable to Plaintiff for court costs. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $16,107.69 plus costs of suit and any other relief as the Court deems just and appropriate. COUNT II BREACH OF CONTRACT 16. Plaintiff incorporates by reference the previous allegations of its complaint as if fully set forth herein at length. 17. Defendant applied for and received a credit card issued by World Financial EXPRESS with the account number 000000000324562891. 18. The within account was sold by World Financial EXPRESS to ASSET ACCEPTANCE, LLC for valuable consideration and all rights under said accounts were assigned to ASSET ACCEPTANCE, LLC. 19. Use of the World Financial EXPRESS credit card was subject to the terms of the Cardmember Agreement, a copy of which was sent to the Defendant along with the credit card. 20. Defendant used the World Financial EXPRESS credit card account number000000000324562891, for purchases, cash advances and/or balance transfers. 21. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 22. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 23. The account became delinquent April 29, 2007. 24. The principal amount was $1,789.43 at the time it was received by Plaintiff. 25. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 10. 26. The total amount due and owing the Plaintiff including interest, is $2,166.93. 27. Pursuant to the terms of the Agreement, Defendant is liable to Plaintiff for court costs. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $16,107.69 plus costs of suit and any other relief as the Court deems just and appropriate. COUNT III BREACH OF CONTRACT 28. Plaintiff incorporates by reference the previous allegations of its complaint as if fully set forth herein at length. 29. Defendant applied for and received a credit card issued by World Financial J CREW with the account number 005856375006401343. 30. The within account was sold by World Financial J CREW to ASSET ACCEPTANCE, LLC for valuable consideration and all rights under said accounts were assigned to ASSET ACCEPTANCE, LLC. 31. Use of the World Financial J CREW credit card was subject to the terms of the Cardmember Agreement, a copy of which was sent to the Defendant along with the credit card. 32. Defendant used the World Financial J CREW credit card account number005856375006401343, for purchases, cash advances and/or balance transfers. 33. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 34. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 35. The account became delinquent July 15, 2007. 36. The principal amount was $1,244.96 at the time it was received by Plaintiff. 37. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 10. 38. The total amount due and owing the Plaintiff including interest, is $1,502.82. 39. Pursuant to the terms of the Agreement, Defendant is liable to Plaintiff for court costs. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $16,107.69 plus costs of suit and any other relief as the Court deems just and appropriate. Edwin A. Abrahamse I§soc. Michael F. Ratchfor , Esq ire Heather K. Woo , Esquire Attorney I.D. Nos . 86285/207805 120 North Keys Ave. Scranton, PA 18504 mratchford@eaa-law.com hwoodruff@eaa-law.com VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, ASSET ACCEPTANCE LLC , am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. F. Cardmember Agreement 1. ACCEPTANCE OF THIS AGREEMENT This agreement governs your credit card account with us referenced on the card carrier containing the card for this account Any use of your account is covered by this agreement Please read the entire agreement and keep it for your records. The entire agreement may be in separate parts, including this document and a "Rates and Fees' table that is expressly made a part of this agreement You authorize us to pay for and charge your account for all transactions made on your account. You promise to pay us for all transactions made on you account as well as any fees or finance charges. lf this is a joint account, each of you, together and individually, is responsible for paying all amounts owed even if the accent is used by only one of you. Please sign the back of your credit card when you receive it You will be bound by this agreement if you or anyone authorized by you use your account for any purpose, even t you dont sign your card. Whether you use your account or not, you will be bound by this agreement unless you cancel you account within 30 days after receiving your card and you have not used your account for any purpose. Throughout this agreement, the words "we", "us" and 'ou' mean Chase Manhattan Bank USA, NA., the issuer of your credit card and account The words "you", "your" and "yours" mean all persons responsible for complying with this agreement, including the person who applied for the account and the person to whom we address billing statements, as well as any person who agrees to be liable on the account The word "card" means one or more cards or other access devices, such as account numbers, that we have issued to permit you to obtain credit under this agreement. 2. USING YOUR ACCOUNT Your account is a consumer account and should be used only for personal, family or household purposes. Unless we agree or it is required by law, we will not be resppnsible for merchandise or services purchased or leased through use of your account. You promise to use your account only for valid and lawful transactions. For example, internal gambling may be illegal in some places. It is not our responsibility to make sure that you use your accent only for permissible transactions, and you will remain responsible for paying far a transaction even if it is not permissible. Types of Transactions: • Purchases: You may use your cad to pay for goods or services. • Checks: We may provide you cash advance checks or balance transfer checks as a way to use your acxaant We also refer to them in this agreement as a check or checks. You may use a check to pay for goods or services, to transfer balances to your accent, or for other uses we allow. But you may not use these checks to transfer balances to this account from other accounts with us or any of our related companies. Only the person whose name is printed on the check may sign the check. Cash advance checks may also be referred to as convenience checks. • Balance Transfers: You may transfer balances from other accounts or loans with other credit card issuers or other lenders to this account, or other balance transfers we allow. But you may not transfer balances to this account from other accounts with us or any of our related companies. If a portion of a requested balance transfer wi exceed your available credit fine, we may process a partial balance transfer up to your available credit fine. • Cash Advances: You may use your card to get cash from a ftmatic teller machines, or from financial institutions accepting the card; or to obtain travelers checks, foreign currency, money orders, wire transfers or similar cash-like charges; or to obtain lottery tickets, casino gaming clips, racetrack wagers or for similar betting transactions. You may also use a third party service to make a payment on you behalf and bill the payment to this account Cash Advances may also be referred to as Advances. • Overdrafit Advances: If. you thane an eligible checking account with one of our relate d.ban ks, you may link this account to your checking account with our related bank-to cover an overdraft on that checking account under the terms of. this agreement and your checking account agreement Billing Cycle: In order to manage your account, we divide time into periods called 'billing cycles." Each billing cycle is epprw*nately one month in length. For each calendar month, your account will have a bitting cycle that ends in that month. Your account will have a billing cycle ending in each calendar month whether =smui'p°m?o?pm`e • ' '`{??o ^y m 3?°t?sm?=?n vaimDo -gym<0 m ?0.3--<01w e y3 e°aio co<CdC<y<.me «no ' o • C m< n ?, t0 t n m m m< m ?+ O t0 m N m K (C F N D. tD d N f.D n m j d< m c I I n g y O C w< n .7r .:r C N' fl o n= 7' ?: Q Q CJ ?' m O V 0 7 ?- m S O o n C y d< C C m .? 1Mc m.:na?<=?-y0 A0mac°3 Q3 o?anmoo 0 xo?m" d mip o f . cmi 0c°_m '0 G cm n C 50. c r N- C -' .O•. m t Np N O 3 ?i' -G m m O N O S ._ O < n C m a d O_< y g' tp o3C ^ 3 m n m ?' y d n Q O_ N m C Xf° .n.. &- p S tD a O 7 $ F° <^ m m .°•. C C tp m 07° m m Of N .ni N N O > j n Oi O p?j t..t N O tp y ~2 n m O:' ?, ^ O- :g p,'p O •C C ?• t^SD tp O N N n. n _ O O 7 C n N n_- C .... C C < C G m . m j m m C m C O m iD n ?m C m» = m ?ono O. r m w_ tD m C n to C m 7 N S mmy mS m C C m N C 3 N C y 0 0 <dc soya <y ^ 5154 19 •mG 3c to o ocor0° °No gr:- ^S^ nn°Z cN ^QOtF 0o o m 7 ^C o.. -?n? y P m m ?mo 3o ta_?gmcn? *°C a GN-`°ot° nm oa° a av< f v_<n ? S' n= v w _ m m o cc m y a 3. co co mmo0 cH coo m N»e?"°a??n.mnm?o??<<<? m?mmm'?m °mZo o° a° mgm - v^^ m gm'm't'n'0 M:S , ? W ° ? e ° •tOn2 ? omR?nceD¢°8n 03 ce0 m0 3edinm?min m?e m ?3m•ao ?. m y ?p O O .. y^ F 7°< D v=ii n tcu ° 'c `9 ° `D t<p 6? < n y n y C O• ?' A v < o y ,A ? d to `yG A c d x S f1 ^ m m p N O O G •O 00 N, m 7 G C O ??pp O< ^ m m S°< O a o O ?' •G O N O m fN m n n 0 m° Qi LOA. --0 m < m O n 0 a s . R R G? c- eT eO nm a° eJ+O m] > •O C m 3 tc ?3 c1'• m ?. < vow m o -m?v?.< n oc c m na to 3: ?? .a m `Lm <m O7 ca °? ont? o o?coQmomom; O ??3m n < °yro? ii'c fDm c< co-m m $ KQRL Emncomm 4.m'O^&t' mmmmof ot!'0? o?.m- m °c? »Qm $ o txxo n p 3 (p a' r°n pm•?j c Cf V! 'J ° O_ 5 (nepp ?j m' N 5. M. SD m 7 •< n .< ••ppCD y ?• 1p c n :J 7^ ca- w o m N m O d o C m p cmi m o N G "" 7 = n_ < -pp< d C m. C O S O m m Q N m 3 a nn• ? (n•1 O O < m O N m ° C 7 n fD °, • C ' N N' m .CL O Dl N! § m Q '~S y 3 d . r m N n m C O C m C C w m C ,< m n r?i .Z, m d ,m< m g G .m.. `0 3 n ?ta d o'er tmn tD ?o am 5 o c? s'.. ? w N.o m < ^"D m H d t?nno `° m m v w L°' c g_-R n a v 7 m ._ O ,.0+ f°'f co •0 0 < O m 0 N •< .". • 7' o O 3 n m m m w y •O N ?p YQ d men f v ? m o rra n a m 202 n o p• m y n < -? O D m O m n g m c C .C .< a m Sr tO -< m C < 7 0 m tp g < o n o O C 3 O n N • `? m ?'' 7.ti N n d C '< m a m 7 y :v1 twq C° N Q °?. 9 n M 10 nQm n m ? o entmnao ?'3m?»1Ox+' m aoi a»to-•<?g?m..< > 4 yoto a e ci m? o O.Z'e0• < m o m n 40 oo CC nm m o< o m<? <n n ° m m w m m 7 m 0 cD m o' 0 8' : m < 0 0 < m ?c c? mo tin o'x<o3m0?`"eac?< m xn?s 3gm ?ot? m 3 ia_v, nmeo•°<° m me ^o o ? .min- ?O :E ? F. ?nccmm n m?3 no gmL2 n c `? m -•< < o ? 0 3 y w g o m m o• 3 ?•S mom =?c °c< m nm< y?0 Md?+ Din too 'on????cg? 0otn'. nm 3?3 m F 6 < N m m N° 0 w N d ?i ?..~4' 3 p N O n m d m< G C O W "?' C N O C ?- n a ^m m m^ 3eio?; .o-.ovm p, < n d mtNpp^t m? 3?`° m 7 7 n 0 fD m C m m i,S 7 M m S d .ni. m 0 m m C A '• m m •'i•< S n O n O O y C. S.^ :C/. aZ'v m r0 < 7 7,• O Q m f_. d n O O n X. t n7 mr?. N S ?• w y 'O C C O 0) cr g w O y N m ;w ^p N a? „Ci. y n m A m ?' O ty a A ° m is ?mx c o ^e3 E am?ee3 onceCDD-0 moemi,n3 3w m °o <CC-la m 7 lm'f 0 0 O m 0 C ^. ^' 7 O m S .. G p CD ?• °: C< g (G O m yD p? °/ N N m < 0 a C d C m N m m m 7 O S N' d n m O. a O. ^ N N f1 m m 0 : i m N N tD S O < a -? N a N 7 m t71 ie ? Iffn? _H R C m•< •+ C 3 2aeme?b??o3rn }:m(•? °_-m z ?? < m 3 W m •Q °.m O w <'n w 0 Zia, Sr_? 2D co -C SLCD 5m "!c $a y?g. .?Z ?tpS < V5 ; 2: ,C n• m .. 9?:. ? ? .mi ? m ?? 7 w ? m .368 ° a5g m ?r m M ~< Q .f5@ O m m O V C` coz 0 -0 CD ° Z n V m o g< 0 .. .61 m_ m m N m 3 N tp w? mn m O• --2p 7 2° rAg $Zcr mm I w' races _ m m ° cam 0 <c A. d3 CO u mca TC 3 a s m w m 50 A N w W m 0°.3 ?mvn?i ?m gm z to ' a"" m (gi(pp s OI tls! ? N N m < 'a SO 7 m m'f3 Q?O?w m 8? tD_ m ,C 3 2- to < t g e C 3 G m, ?. in' m Qj ?7• Dpi a X& v ? m Sao Q m m o c? y C?:? Sgt ?aa3•'? rm1E f0 m '• ?$Q S w? n N'c m m N e?fAm cgm m ? m -Dn ? 3 ??. g r ogm: m ez .•.. n m N 6 m3' m 2mOt0p• L O R-R:E Er 2 Q Oy N3c g D- 3- gg dog x m C M R mc 0 m^ mt?^ m< 3 10 m m tD s^ ?D'enn`my?'< m?mymfD3°. ?3 : m n cDm m g m_ t?• ?3 y m m m OC ° C it m m m N m 7 ,?g, 7» W `G '< O C 3 N O C) =r C.) CL a m 10 M 0 CL $' ' (['?7 ?- 7 H -• N H N 7 d [] 3 ;4- n C m 3 Q • W n m !C m y 5,--, ='a M Q?'f t`9i ?.<o md?e?n'm ui 2.m. a$'o e'zi^?m ?? a C'O < ac.4qG m m C'?• m m O g ° .Q SL C 3 N 5 C N m g?' A m ?• tS3'a o.g o 8 9 nm cm, m c wf-m.8c ; lir tDc.8cu"i mn ^v?v'ri .< . SbS Om °.m o_ng-:Q emit c.o o a3 ?CL?I C. 9* 3 ^vca 0n o• °-eaDMO Rm 990 3 mw3 ,c?n2 m o ?e8 f ma. a z'"a c n a3 m c 'c c Q< ° ?n g< ? "' m ? c o 3 ? o in < ca w S? 30 n s n mg `? ?'?°?sg 'c`?'ccimmr?s+ -tmioS 4meni my3 ZmM<?>?cm <v -mmmum ? Lys X06" 0- CL $t3D on g m e<y 3tn_ .y wwg@D Qm o.ct°i'uZ?3<$3? ??om mS°fm? 23D? vm m `X ?'om.=2i is 3• m< O S .'S 7 fi m< m m 7 n. a p' C., S `°•c°m•S? n3I<$W momtonN fo m_ o nom w 3mm??aD.g's m ?yP'j me j7 f???PZ R a.d o< mg `,Y O 3 3 (g t3 m R' ..? O f0 < .Z'? : " C 7 Ti ,Cm :1 a c WO o ? • s'1 og: S, R So V) m 'tm0? v w rn 0 full' cN g5' ? m m SLI ?n m . ID a ?D ? o -M m tm En 0 w O d* g o d`? m O< 3 A N w 0 0^ =. amvmm c_:F °mscw< o o c M, r wpm<0.0-•Ro9cmn° c m T= 0?i(?p^ ????p, °• 7 p Q' N- 7" ap p n O m C H 3: n _ = m L _ C ' fCA ?7 ft 03 °w&jt my 22y??+w a Pr X_!.w nm a 9m c o ?< °' cgg OC3ao?x? UL m 3S3 CD C, ?A P, 4' *0 D2 I I <?v g? mWt?O f??q$3pp m ny CL. C O m m 3 ^ c 4?7oa< zg9m o ? nm?m eS 3 al Z* 'R.:E ms o? ms?tip ?Som g..a RL m? 0. R r_ V) 0 P4 irLa m=F6c .t R VcIne? Fd O 0- 3 a p ? w ?t?ata 306o3gm?S'gn to o t? ?m°?ntp•t5.g.g• s?l.t tCt ?C ? www N. 0 0 0 O O N 1 ?rj•i J N C S C !•? N 8 M. ?pm gc?m?<=omoc ar.? .= °3? o'? n o? 9 ??? a?mgt?' ZZn''?D`R w ?n n?...? ?? mD????c^?< m sC ?•. mg"? mv'< c••? o,< oogr'•?^? CO suff. Ill.-. I Pi 3 m ?? ° m w X M ALI 5N 5F I n m , n f m n<? Q?Q °-? o m° 0 s G? 3 S _< n e? H O !:,E E• m E g S. 0 Q ? ~S tD. m?N ?m m n?o?m ?g^ m? ?oo 9 ct4,p O m t m t 7 02 3 R- =6 a3S 3.1 SL SR - ? s? m gym' g0 1 sis A all m rL mm? ran 3c A 9- ygw z;yw T ?=Q? S ?am?w3. mco eooo F»c a mn >• = o Dn 3°°5°iO1? ?? a E ?S ?v?tm?5._no' 3 oc ^ct :+t?m r.X °m g? n?0t^od Leo c?yo?n^oo mm$mm3? to IV m ? f3 EL s m°3o?m<?m e? nv? ?£mmwm°g m< o? m y? :lr 3 mo-°«g3?? ?yd ?+m mm g'1<?p N 6 m n m a .cn .3 ?•3 m °• CD oa m< eo o wgg, ran c 2 1``O-2a. as g :iM. 3 n°?f <o vm c ?, s t8 g m o CD M mm mm3`imoo`?N mrm cSZ?i??i?i o"m wim sq v °i0. o. m 5: o'm m '?c?ie mnro CL C7 M m C C+ m a '.f j' A » SC l'1 L=7 m < m s o m m. p? m m a m= n n ? m m c 10 ° rmn ? o Fi smc c>>g??. ?; o=m6 B. A m y = 0 cx o -5 <m ?m S m N ? n ? a g? iii m ° N „m% A A °'C7. g G O jr Tr 5? Xv ?.r cr e 7 m O 03 D CL M ;w L& ?5 m,; m'Kmym g.mmS°vyim S?`m5nmm m`m m comet = E4 o m . . . y== L7 = C S n y c f! ° ° <. ._-. y n ro c O A m m 3 1.0 0) 3 1° m k m $' x mn ?07 S 0.. m - CD 0 M m M 0, VV -- o M r3 ° °c °c °c TmsHm<yc -'0m0acm c-, a,n°•? O:,Nmmm ?Q m°1.3°c m N m fl g-< < 0 Y y y S .ms Z? c °.. ?'.< N? m c F p? p N 9 N ?• ? y" ?? I G Q S y O ?° y o ?? M o c m ° f.1D m gc m =o `? .3 s< m ym »? ?<ro?n <n ?a 0,1 ?= o SS ?6y ? o m c-0 as m -,M M 0) M a ?o uai , ?•?nc ? ? m c m p m Q m= 'n f `fig cWi 3 ° c m 0 ?• m c F ° c mm $ = m ° cyv<nc°Qymmcn m3g^`?=' Yo +jigm 2 3 cm + `=° g „' =ti a ?? :Em D ." $ y ?.Nm o 0 m ?nz 0c=i =m M y m y m mM o o fD n.5r A $ ' ID Cl m ? = ?° s =oni m T ?m om m ° a1O nom d D?p o 3IZOJ "m y CD W- Cp-< fm'f O.? p O N m p'Ns0 < N O m a. "`_.n 3 ?•? !7 0 -C W C M? m ors faM?m ° °•c° ?g?= m ST .0 , N ro m= y ?S mSm m m < fit. @ m? Q ?• _ p ° N o y o < o D o ro °_ m o S 0• 00 a = C m m w m --.30 c O '_ y m a a• 3 m y n 3 o m ° m p m o m= c n. ._ n 3 r. S .R O 5' S= m m•p m'D.yi G. c O'= p Nip 'T /7 e. 7r ° m° m n <° m m m eo = m e g e Col. cr 0. 13, ?'?'?' me mgN a? m m n o 3 M5 $ vm gm to . rim S m m a ro y.. m m m5 m $? o `g< a r?t?i cni °c?°2'c°O .=y.<?3cn mv1°? . . "^?? Q ogi?3 ' rL '•"?smKQ'n'm c'm?2?Om<m3nao ose°-m.mG6?iu?gy? ?ame?e`'eem'm==nome?m='c.n; y= ?mmy0,a-,K -9'+. m m m 'mc:a?(mp? ym°o M CD m ?. ???omi S N O< B, -9.1 ^ Cr; N W S q f='! l7 Q C1 N O m fA.- O .N.. N m C. ag^O 3 c o CCy??{ mamm_yN m ?m+_ o {?p;= _= 6 00R00 m m ; 3».?NS??'•..'c 'e'3?IO RT1N pfn^?pi$,?,• 7°=$? < 7mC 0•m mm `m < ro n .?3 A8 'o m o =p•? M WO QC?om,o@y@?Z cs ?3Q0 °c R m a mtn?p•??? m cli fY N "R p 3: c1CD m ??CO •ppC c <$m m ""nm.m m C??jy. c C 6_ _. 7 IS t°i? N c N fa m C'! Cl ° N m< ?j ygyl.m 3 A m N N O. N N C?1 i3 p n 2 ?' imp ?< m ^ c e y ?T C^ .C ca. ?=a c a ?p Hs Bo a S?AM Of CL •? ° gyp- ?_ (?'? m s. pp n 7 m a3 sg !A = N gS m m = ei ..S m ,m' ? .= •m y m o ?. • ' qr 000I -,-a C `G Q. d m m m < ? C O 9, g i6 "9 N _ < T * ? f C x y m c m 6 RE I sr a. I 9 ?C? ?_pr mg .m °m G0 ?m °o 3n°m mG ?Zm S$?g? s? • O m = r•? Q m-I Q 6 = Ts O• n • g 3 N S' C.f C K ?z t m O Qy1 am - m CD ?.mpi O°1 ? m y' ° m O' m N N.w m `_ N m to 7r .0.. m 7. S C •?" g » l7 fp nm c aQgO m d fi c 00 n'.m ?° ?° n m e So m m KIM m c m °d - <; f<mMs ?m W r? dm3wg m? omo<mgm g=. m -? -30 g m = a ? ? m ° l nL ? a ? f m m ago 3 2m ? O on .0 2 W0 MR M C" ' c . C .•. fn• O = 601 m f='? m m C C..0 N am m om= m C tr (D n 10 M C, •NO 0 7g n m ms mo0r5A- Qvim 'Omto <enf °-?-o ?3tmis ?e1Q<Wmoymmy3?os O$ogm`i •??,<•d c?OCmg°caA3?t 33'" n .ca oq?c c c3O n c <1.<y?Np m mw ._ `? °f°a ?°c c.o" D?$<?f0 =mmmNm `2o Z'.m °=?.f.y m 3 6 CWy°?•'??^?m CD cfc a^m' <}b. 3 $o° «o C rod' X.??? ca, f" 'S em-O•R?`"•c mg?m ?5D oc 3c° o °y oO mom=qm^n?< o `D? o •g33cmo°U `? o 80 <y `?`?•• ?g33m c°m ? 3 C ? m g Qs < g c m o =r c5- Fi c $ m y gg LZ SK D m r.< y o A y rz y n d °om ? a N 3m ^afg1 ` ='m an c_3 v cg e 6 y H o Yn 3 m°Q?e+.°li yo = ° °y = 22* ° $_?cm $ G 10 d C <.•KG r .GT _? 215 _ ? 2. ? ? c N X O y ^ ? = 5 (p C N° 02n ? O O m y N O y G y. "p" 7 ?p q ?xp n N a c m S N Q 3 812 i1 1 0 W ?p =^ O g 0 Q c O° 0 m f" m PL, e $a m_ N rT _^ y C N n ?' d N C° C- c m° a Nis 6 ° ?pt -'< m gm? a y o0 c =° 3M m g m o-c c y ° m Q •ao g o ?o 3 c 3 < gZ.mcm?o L mn c ° $ o < ?.y C C O ?L..• 6 c G y N am a ?m S < go o m ro n m a • y g O ccq C S = m ? ? m m n O m°p•ENO v?.W 3•0 ,0 co p = W O M y M2 S-a 1 5: as Sam ? m m _ j?m 6?y ?.r? .? .. m COD cN•? sc m me o'F •m S m ? m o `° Sm S ?' am 25. L --l n C.cV m r M 0-9 A ?_s(?? yo 3 W ° m m<° e a sdm?m Co d M < L` COB A .0 C1 'N 3 g m a -m• sa R. M F. ro ? gy OK 3m 3'° 3n0a m am <? 2.S =a Eps;-R w (D mg N^ CD0? vo 00 oal p1 m ro °.s 3 3 87o 0 F gs S 0 m sC, "? m A QA H M 10 A' = m H.; a n 8 pmt ? ? c m g n Q orb g. ? MI. ° Bg go ?. ? f CD g 0: OS! ? d ?3 y?c $ ?^9m g? sSC tai •?=m cs00 m pppp 3 x m m" f 0 3m 3 3< 3 `? g a S? m= 3 3° Scl c' 53-- ry?p SS ° p, W, a 1-L WD rn) J:r c C m m T O.a O ° g. F1 3 y SorY ^ W 31 S m = e N p. m =,r% > a ?- - 3 o sn ° m ycm < m Q°? w3p0<`eG0 ?'WOnO °?'mGm m????°5444 1 rw m 3?'poc°i {?p_00pp3??(m?/? s ?jrsW o°?$ ?m . r°e=mm?.?.mm ry=y?Wm CD 3 N p _ 7 ? Q ? d C° cr. Ol -M, ca 0 "0 1 to rig 6 m pr 95 A? m m m $ ?y?o g tp n?2 5 p o @ m:w m O Wes' a) -=5 3 o $ 3 3. ? M c ? ?m m t°<m W y?D?SS? W ?nmy.>o im m mo a c n EL = s m ?_r• •, c a 11 m a w v O 7n > i?r ?m?lm y- m °Z m e = o 3 3 ?? 5 ? myn?s?'yzo ? . Z ? = N m co 7 m » ff ip N « M m.. = C $ O1 S. - ? Ol m -4Try y -yc p O m No .Z' ?• _ cr CD Q4. mac. Imp m --a co - 16 mn -? 9F S. B:!4 Az1wsR2gSR.-M>- m0 m °° ??N 2 spy O. or z o. 0. CD VIA Z.O s' Q O m r O m•z P .H_ O y a IN 3 N m SR, S al , ; goal Qy g °.? g? S c ?pvv°Z- ' ? .m }off. O S> AD'D? Z'. a::5 a ° ..a n Z c m rm-OCpSmm?XZ -C g 1 L ° . =a 3 RZEU20>lmm gm 0 CL 9 aDa.F ???nzn ?r?s*?ivmmmZ,o?..D Sir ..mm=D.G7?C7m m: m0 = 0 7?? m $ 3 °i? ?a m . ??p °.a. $. ° iiiCC?iDC ??P.n $ ?. .m i$ in D :Fi It m ?pOO Z pZ nmi? ca z S $ a c c? -i CD CA CD"O F; C-2 WSL 83. ?g.0 < cis R 3.? o mm6?W000Zi9mDmOZm 'AD CD COD, =74 U o=i-' m m m o o 0 c°?3 < emi'm -1 > 3 g m si,N., p c a ma O p m G. m C) . m C G C C m D 4?Q D ? ms a g y< N N C '? .mi OrDG . O?'S.RaOoc=5S6-9 09r mmZ ^??G - S.Nmmoz2' ??WD7ps3°mmm ?,umim?i?•<mm ? FRE 5 ?ma? cs' 'stn' r. ° ° i c2? o Via? TR m g g ° z 111 O'<A c i0 w ?S lw7 , $ a? N g c cn?OO< m5' mo3<^ ?0?. o 00o f<=? 05so or= m gs-?< ?? m 3 0 I? cm=m?? a? °?? I9'.. m ?y3?y w ? FZS y S 3 $:S. o C' u N ffi d' m 3- am°3'i RIB ' o4? . •' It 14", Er UR 89 oil SRI. 0'. cl ILA, Lf ':a 3.1 1,; t:--i 4.1 N 1. 14 :.: m _???- 4r- ImVO<C9.GCO?.=r,,*P j g C44C3 ??? D-m eta a? g 9; 1 m c 2G O'p 54 m $s c4°1 c? Dgl 1 ?C c, W $ 31 1 .90 i° mra CCC g Zia ?nN m = 4 ??g m $.: 9 NI d. ?' Qe T ^ ? C?? w ? .?C7. 0 tpQ, eb C.. CD CD qm c" Jaw C2. Mco ..,Q .}.•riN.. iC/lga ZSaig?YCo?m9 m??a Ifl c g c?Q<g<co m a; com ri?r^a 3 `?.?? $.? ao 0. 0 CD c eg g oc??gm<???o< _e} CDoma?m d3 m NC N/1NDO?.9 FL S?m gl ?°m< Nm a?_•, co Ip',. CL c BF, .1 i I O_ C" a o? to o c m v Q. ? 0 S- CD RL EA In m 6 C., 10 - St OF La SD 0 C, N m r m<< ,.=i 2 ?.? ' m° S m A m r 0 m _ P a] O OC 01 _T your account for others, we may report account information in your name as well as in the names of those other people. If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement Please include your name, address, account number, telephone number and a brief description of the problem. If available, please provide a copy of the credit bureau report in question. We will promptly investigate the matter and, if our investigation shows that you are right, we oil contact each credit bureau to which we reported the information and will request they correct the repot. If we disagree with you after our investigation, we MR tell you in writing or by telephone. We will also notify the credit bureau that you dispute the information unless you let us know that you no longer dispute the information. 11. NOTICES/CHANGE OF PERSONAL INFORMATION We will send cards, billing statements and other notices to you at the address shown in our files. Or, if this is a joint account, we can send billing statements and notices to any joint account holder. Notice to one of you will be considered notice to all of you and all of you oil remain obligated on the account If you change your name, address, or hone or business telephone number or email address (if you elect to receive billing statements or other notices on line), you must notify us immediately in writing at the address shown on the back of your billing statement We may, at our option, accept mailing address corrections from the United States Postal Service. 12. TELEPHONE MONITORING AND RECORDING We, and if applicable, our agents, may listen to and record your telephone calls with us. You agree that we, and if applicable, our agents, may do so, whether you or we initiate the telephone cal. 13 iWNOCAAtfM MBEBSAWFO111- ' "N A' Our Privecq Policy, which you have reee?ed describes Sur rrfomon sharing practices and gives directions on how Yo'opt out or .tract us to limit the sharing of personal infomation about you Wb companies or organizations outside of our family of companies: Illinois law provides that we y not share information. aboutiyou with companies or other orgarn¢abars oUtsids of our family of companies unless you authorize the disdosurd or unless : the disclosure fags ? hander another exc .ptioh in the law (such as sharing Information to process your transactions or in response to -a subpoena). You hereby agree that, I you choose not to exercise the optout described ih pun Privacy Policy, you wig be deemed to hays .authorized us to share personal kformatton we. have aboi you;(i ncktdit19 ,Information related to any of the products or services you may, f?aye .with any of our companies) with companies or offer organizations outside of :our family of companies. 14. ENFORCING THIS AGREEMENT We can delay enforcing or not enforce any of our rights under this agreement without losing our right to enforce them in the future. If any of the terms of this agreement are found to be unenforceable, all other terms will remain in full force. 15. ASSIGNMENT We may assign your account, any amounts you owe us, or any of our rights and obligations under this agreement to a third party. The person to whom we make the assignment will be entitled to any of our rights that we assign to that person. 16. GOVERNING LAW THE TERMS AND ENFORCEMENT OF THIS AGREEMENT AND YOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNT ARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. 17. FOR INFORMATION - Please call the Cardmember Service telephone number on your card or billing statement if you have any questions about your account or this agreement. 18. YOUR BIWNG RIGHTS Keep This Notice For Future Use This notice contains important information about your rights and our responsibilities under the Fair Credit Billing AcL Notify Us In Case Of Errors Or Guestions About Your Bib If you think your bill is wrong, or if you need mom information about a transaction on your bra, write us on a separate sheet at the Cardimernber Service address shown on you lulling statement Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first big on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and account number • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about If you have authorized us to lay your credit card bill automatically from your savings or checking account, you can stop the payment m any amount you think is wrong. To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to occur. Your Rights And Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by than. Within 90 days, we must either correct the error or explain why we believe the bill was correct After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bra you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount If we d &t make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. 9 you fail to pay the amount that we think you owe, we may report you as delinquent. However, 'f our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we r rust tell anyone we report you to that you have a question about your big. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finely is. If we don't follow these rules, we cant collect the first 550.00 of the questioned amount, even 9 your big was correct Special Rules for Credit Card Purchases If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. This right does not apply to check transactions. There are two limitations on this right: (a) You must have made the purchase in your tome state or, if not within your home state, within 100 miles of you current n ft address, and (b) The purchase price must have been more than $50.00. These limitations do not apply if we own or operate the merchant, or 'f we mailed you the advertisement for the property or services. Copyright © 2004 JPMorgan Chase 6 Co. Al rights reserved. ADV2042 10/04 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp SOtICItOr ~~~~titit1, o~ ~cuu~~,~„~~~~~ ~, FItEC}-~,r`F~~E !;c Tye , ~~Tl~-'^vNQTARY 2010 MAR -5 Ali 9~ 02 tt~~ '~{3 Nli ~.' ~~i V Asset Acceptance LLC vs. Elizabeth K. Vanek Case Number 2010-1408 SHERIFF'S RETURN OF SERVICE 03/03/2010 Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 3, 2010 at 1234 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Elizabeth K. Vanek, by making known unto Kent Vanek, adult in charge at 1920 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS, March 04, 2010 RON R ANDERSON, SHERIFF NOAH CLI E, DEPUTY SHERIFF .. Cam'ySurt~ Shenft. Te,e,;:;ori. ~~":. 3oseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717)703-3600 j gol dberg@ssb c-law. com PA ID #46782 y~FlLED-t~i-rICE C a r ,.J 201ti ~1~R 1 ~ ~~:1 u~ 53 "11 .h 1 ~ IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE, LLC, Plaintiff v. ELIZABETH K. VANEK, CIVIL TERM (LAW) NO. 10-1408 JURY TRIAL DEMANDED Defendant PRELIMINARY OBJECTIONS TO COMPLAINT AND NOW COMES the Defendant, Elizabeth K. Vanek, who files her Preliminary Objections to the Plaintiff's Complaint, as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of three credit card accounts issued by predecessors of the Plaintiff. Comp. ¶¶ 6, 18, 30. 2. The Defendant was served with the Complaint on March 2, 2010. First Preliminary Objection - Pa. R.C.P. No. 1028(a)(2) -Failure to conform to rule of court (improper Verification) 3. Pa. R.C.P. No. 1024 requires that every Complaint be verified by a party, unless the party is without sufficient knowledge or information with which to verify, or, alternatively, that the party is outside the jurisdiction of the court and its verification cannot be obtained within the time allowed for pleading. Pa. R.C.P. No. 1024(c)(1) and (2}. 4. The Complaint is verified by counsel of record for the Plaintiff, and not an employee or other agent of the Plaintiff. 5. The Verification does not state that the party was unable to sign it "within the time allowed for pleading," nor the reason why the Verification is not made by a party, as required by Pa. R.C.P. No. 1024(c). Second Preliminary Objection - Pa. R.C.P. No. 1028(a)(2) -Failure to conform to rule of court (failure to attach written assignments of debt) 6. The Plaintiff is not the original creditor of any of the three accounts, but rather an assignee of at least one predecessor. Comp. ¶¶ 6, 18, 30. Since the Plaintiffs right to maintain an action as an assignor is predicated upon a written assignment, that writing must be attached to the Complaint, pursuant to Pa. R.C.P. No. 1019(1). 7. By failing to attach a copy of each assignment of the debts to the Plaintiff, the Complaint does not comply with an express rule of court, in violation of Pa. R.C.P. No. 1028(a)(2). Third Preliminary Objection - Pa. R.C.P. No. 1028(a)(2), (3) -Failure to conform to rule of court, as Plaintiff is not the real party in interest 8. Pa. R.C.P. 2002(a) requires that an action be brought by the real party in interest. 9. By failing to attach a copy of the necessary writings by which the Plaintiff would become the assignee of the accounts -and thus the real party in interest -the Plaintiff has failed to conform with the requirements of the aforesaid rule. 10. Since this matter was not brought by the real party in interest, it must be dismissed. 2 Fourth Preliminary Objection - Pa. R.C.P. No. 1028(a)(2), (3) -Failure to conform to rule of court, and insufficient specificity 11. The Complaint contains only a bald assertion of the amounts the Plaintiff claims is owed by the Defendant on each of the three accounts. It provides no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments and other credits, nor dates of accrual and amounts of interest charges and other fees. 12. Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in a Complaint of this type. 13. By not including the requisite detail of the account, the Complaint fails to conform to an express rule of Court. Fifth Preliminary Objection - Pa. R.C.P. No. 1028(a)(2) -Failure to conform to rule of court (failure to state whether agreement is oral or written, state its terms, and/or attach written contract upon which the claim is based) 14. The Complaint alleges the existence of some type of contract between the parties, referred to as the "account." It included what it claims is such a contract with respect to Count I of the Complaint. 15. The Plaintiff has failed to include a copy of the writing signed by the Defendant by which the Defendant agreed to the credit card account contract with each original creditor of the accounts in questions. 16. Pursuant to Pa. R.C.P. No. 1019(h), where a claim asserted is based upon an agreement, the pleading must state whether the agreement is oral or written. 17. With respect to Counts II and I11, the Complaint does not state whether the 3 agreement is oral or written. 18. Pursuant to Pa. R.C.P. No. 1019(1), if the agreement is written, it must be attached to the pleading or, if not, the pleader must explain its absence and set forth the substance of the agreement. 19. With respect to Counts II and III, the Plaintiff has failed to describe the terms of the agreement, nor has it attached a copy of a written agreement or explained its absence. WHEREFORE, the Defendant demands that her Preliminary Objections be sustained, and the Plaintiff s Complaint be dismissed. Respectfully submitted, Jo`s~li~~ldberg, uire A rney ID No. 4678 2080 Linglestown R d, Suite 106 Harrisburg, PA 17 0 (717)703-3600 Attorney for Defendant 4 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the ~ day of af~h , 2010, served a copy of the foregoing Defendant's Preliminary Objections to Complaint, by first-class mail, postage prepaid, upon the following: Michael F. Ratchford, Esquire Heather K. Woodruff, Esquire Edwin A. Abrahamsen & Assoc. 1729 Pittston Avenue Scranton, PA 18505 Attorneys for Plaintiff