HomeMy WebLinkAbout10-2271a
2080174
THIS IS AN ARBITRATION MTM. -;
ASSESSMENT OF DAMAGES HEARING REQ$?IR95.
GORDON & WEINBERG, P.C. r
BY: FREDERIC I. WEINBERG, ESQUIRE ;rn
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220 '
Conshohocken, PA 19428 =c r` -'
484/351-0500 N
ASSET ACCEPTANCE LLC
ASSIGNEE OF CAPITAL ONE
BANK,NA
28405 VAN DYKE AVE
Warren MI 48093
Vs.
ROBERT W KOHUT
1363 KINER BLVD
CARLISLE PA 17015
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : /0 0i.; L' T, ,
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 S
(717) 249-3166
C1C? /l3'YS3
I? a 3 q9s?
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 5, 2010 in the amount
of $1,033.16.
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 3/31/08.
WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,033.16
plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDERIC LN INBERG ESQUIRE
JOEL M. F, ES RE
Attorney for aintiff
POlA.DB
VERIFICATION
I hereby state that I a-n the agent for the plaintiff herein, and that the facts set forth in the
attached Affidavit which is incorporated by reference it the foregoing Complaint in Civil Action
are true and correct to the best of my knowledge, information and belief and is based upon
M-Formation which 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. Tlvs verification is made subject to
Pa.C.S. §4904 which provides for certain penalties for making false statements.
1
Judy Melasi
EXHIBIT "A"
STATE OF MICHIGAN )
ss
COUNTY OF MACOMB )
ASSET ACCEPTANCE, LLC
Plaintiff, )
vs )
AFFIDAVIT
ROBERT W KOHUT
Defendant,
I, Judy MPRr-)Si 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 $1008.86 representing the charged off
amount and interest.
That the said account originally with CAPITAL ONE BANK, NA/, account number 4862362270554937,
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 08th day of February, 2010.
et Accept nce Representative
Subscribed an sworn to before me, a Notary Public for the State of Michigan, the 08th of February, 2010 as
certified by hand as set forth ;Tnn4itryte!y*low.
MACOMB
No 11111 Ime
39570062
1064 0
GORDON 62 & WEINBERG INN MEN 11111 N III
0 0 3 9 5 7 0 0 6 2
ASSET ACCEPTAN(:E LLC
P.O. Box 2036
Warren, MI 48090
ROBERT W KOHUT
1363 KINER BLVD
CARLISLE,PA 17015
ACCOUNT NUMBER CURRENT BALANCE
4862362270554937 $1008.86
STATEMENT DATE DUE DATE
FEB 08 2010 DUE
ACCOUNT NUMBER DATE OF LAST PAYMENT
4862362270554937 03/31/08
DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE
FEB 08 2010 39570062 BALANCE DUE $1008.86
ASSET ACCEPTANCE LLC, A LIMITED
LIABILITY COMPANY ORGANIZED AND
EXISTING UNDER THE LAWS OF THE
STATE OF DELAWARE, ASSIGNEE OF
AALLC/CAPITAL ONE
P.O. Box 2036, Warren, MI 48090
DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE
11/22/06 05/29/09 $596.19 24.00%
SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF FEB 08 2010
$412.67
*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
JU " 39570062
1064 GORDON & WEINBERG
o� cUM
David 1D. Buell- E e l cnee K, Simpson
Prothonotary o l ; Z 15` Deputy Prothonotary
\'`�� a Irene E. Morrow 7CirkS. Sofionage, ESQ
Solicitor 7750 2"r Deputy Prothonotary
Office of the Prothonotary
Cumberland County, cPennsy(vania
/Q -.227/ 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 • Fa.0717 240-6573