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HomeMy WebLinkAbout10-22132080038 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF 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 0 Conshohocken, PA 19428 484/351-0500 --? Y (- 0 ASSET ACCEPTANCE LLC COURT OF COMMON PLEAS- o# ASSIGNEE OF GEMB/Whitehall CUMBERLAND COUNTY 28405 VAN DYKE AVE Warren MI 48093 Vs. GWENYTH PIERGOFF 403 N WALNUT ST MECHANICSBURG PA 17055-3379 and KEVIN S GOFF 403 N WALNUT ST MECHANICSBURG PA 17055-3379 DOCKET NO. : 10 - 610113 blvi ( iem 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 49a.00 N) ATl tic 11-3-756 2 J39 f747 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 merchandise 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 March 8, 2010 in the amount of $4,315.32. 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 9/30/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,315.32 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EI ERG, ESQUIRE JOEL M. FLI , ESQUIRE Attorney for Plaintiff P01A.DB «RIFICATION I hereby state that I am the agent for the plaintiff herein; a-nd that the facts set forth in the attached Affidavit wluch is incorporated by reference ul the foregoing Complaint in Civil Action are true and correct to the best of my kno,,vledge, information and belief and is based upon information wliic.h 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 making this verification. Tills verification is made subject to 18 Fa.C.S. §4904 which provides for certain penalties for malcing false statements. Name`) Judy melas1 STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs GWENYTH PIERGOFF KEVIN S GOFF Defendant, 1, ludv Wasi AFFIDAVIT being first duly sworn deposes and states: That I am a representative 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 $4281.73 representing the charged off amount and interest. That the said account originally with /GEMB / Whitehall, account number 5046620225157833, 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. MACOMB Public for the State of Michigan, the 08th of February, 2010 as 36839807 INN low I Kim 1064 GORDON & WEINBERG 0 0 3 6 8 3 9 8 0 7 Dated this 08th day of February, 2010. WAax'?J - ?\ ? k C? -? Wet Ace ance Representative Aatl A'4 CYG CrtCt .. ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 GWENYTH PIERGOFF KEVIN S GOFF 403 N WALNUT ST MECHANICSBURG,PA 17055-3379 ACCOUNT NUMBER CURRENT BALANCE 5046620225157833 $4281.73 STATEMENT DATE DUE DATE FEB 08 2010 DUE ACCOUNT NUMBER DATE OF LAST PAYMENT 5046620225157833 09/30/06 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE FEB 08 2010 36839807 BALANCE DUE $4281.73 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF AALLC/GE MONEY BAN P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 10/25/06 03/31/08 $3772.60 5.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF FEB 08 2010 $509.13 *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 \? 36839807 J 1064 GORDON & WEINBERG