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HomeMy WebLinkAbout10-2272 2080119 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE L-_; '71 + Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.. 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 c 484/351-0500 1 - ? r Q < ASSET ACCEPTANCE LLC ASSIGNEE OF CAPITAL ONE BANK,NA 28405 VAN DYKE AVE Warren MI 48093 Vs. JEFFREY J SALISBURY 405 WHISKEY RUN RD NEWVILLE PA 17241-8627 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. l 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 Of - 4 9 ?cL P4,ty ii3?yd 1 - a3 99ss I r 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 March 4, 2010 in the amount of $1,395.68. 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 12/7/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,395.68 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI ERG, ESQUIRE JOEL M. FLINK, E Attorney for P ESQUiff P01A.DB NERITICATION 1 hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my kuioxvledge, uifonnation and belief and is based upon information wlich 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. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. Name`) J Judy Melasi EXHIBIT "A" STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs JEFFREY J SALISBURY Defendant, 1, ludv Melas0 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 $1366.44 representing the charged off amount and interest. That the said account originally with CAPITAL ONE BANK, NA/, account number 4862362488411185, 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. (? ?'?AKA "O'2ti A Wt Acce t ce Representative Subscribed and swom to before me, a Notary Public for the State of Michigan, the 08th of February, 2010 as certified by p hand as set fork i#media(ely below. MAC©MB mills I I =11 111 MN me 1111 39448773 1064 GORDON & WEINBERG 101 11 0 0 3 9 4 4 8 7 7 3 ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 JEFFREY J SALISBURY 405 WHISKEY RUN RD NEWVILLE,PA 17241-8627 ACCOUNT NUMBER CURRENT BALANCE 4862362488411185 $1366.44 STATEMENT DATE DUE DATE FEB 08 2010 DUE ACCOUNT NUMBER DATE OF LAST PAYMENT 4862362488411185 12/07/07 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE FEB 08 2010 39448773 BALANCE DUE $1366.44 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 02/01/06 04/28/09 $760.73 23.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF FEB 08 2010 $605.71 *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 39448773 1064 GORDON & WEINBERG