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Home My WebLink About10-2914IN THE COURT OF COMMON PLEAS OFD' T; ?. ?Y CUMBERLAND COUNTY, PENNSYLVA AM 30 PI-i I: 45 ASSET ACCEPTANCE LLC PO Box 2036 Warren, MI 48090 CIVIL ACTION Plaintiff 4 VS. NO: l0 o'K?l? C?vt l AUDRA M GAINES 2 APPOMATTOX CT MECHANICSBURG PA 17050 Defendant 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 AUDRA M GAINES (hereinafter "Defendant") is an adult individual residing at 2 APPOMATTOX CT MECHANICSBURG PA 17050. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by Wo NEW YORK & COMPANY M with the account number 005201300040034720. 5. The within account was sold by Wo NEW YORK & COMPANY M to ASSET ACCEPTANCE, LLC for valuable consideration and all rights under said accounts were assigned to ASSET ACCEPTANCE, LLC.(See, Affidavit attached hereto as Exhibit "A".) Gi) $Aa.00 00 Al-ri ? all y3! 6. Use of the Wo NEW YORK & COMPANY M credit card was subject to the terms of the Cardmember Agreement, a copy of which wSsent to the Defendant along with the credit card. 7. Defendant used the Wo NEW YORK & COMPANY M credit card account number005201300040034720, for purchases, cash advances and/or balance transfers. 8. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card-(See, Account Statement attached hereto as Exhibit "B".) 9. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 10. The account became delinquent August 6, 2006. 11. The principal amount was $8,195.71 at the time it was received by Plaintiff. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 10. 13. The total amount due and owing the Plaintiff including interest, is $10,807.17. 14. 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 $10,807.17 plus costs of suit and any other relief as the Court deems just and appropriate. y submitted, A. Abrahamsen & _ Michael F. Ratchford, Esquir Heather K. Woodruff, Esq ire Attorney I.D. Nos.: 8628 207805 120 North Keyser 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. 11if?I1? 7 STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, VS AUDRA M GAINES Defendant, I DEANNA SKIERSKI F-MAIT A 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 $10580.38 representing the charged off amount and interest. That the said accomit orieinally with /NEW YORK & COMPANY M / World Financial Network , account number ), 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. this 08th day,, of Feb 7 ry, 0 I t? sset Acceptance Representative Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 08th of February, 2010 as certified by my hand as set forth immediately below. Notary Public MAUREEN CHASE Notary Public - Michigan Macomb County My COmmlbsIon Explrea ul 13, 2013 Acting In the County ot'' 70 I o ? 4-16- 38509279 1059 EDWIN A ABRAHAMSEN 111 0 0 3 8 5 0 9 2 7 9 EX N I Y? - 0 ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 ACCOUNT NUMBER CURRENT BALANCE $10580.38 STATEMENT DATE DUE DATE FEB 08 2010 DUE AUDRA M GAINES 2 APPOMATTOX CT MECHANICSBURG,PA 17050 ACCOUNT NUMBER DATE OF LAST PAYMENT 08/06/06 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE FEB 08 2010 BALANCE DUE $10580.38 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF AALLC/WORLD FIN NA P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 09/06/06 10/29/08 $8195.71 10.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF FEB 08 2010 $2384.67 *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 1 38509279 1059 EDWIN A ABRAHAMSEN IN THE COURT OF COMMON PLEAS OF ~ r ~,;. A _ ~ ~ ~ ~ CUMBERLAND COUNTY, PENNSYLVAN ~ ~ R'i '.•- , ~.l -r ~~ ~ ~ ~ ~ ~,,~ ~ ,~, ASSET ACCEPTANCE LLC : CIVIL DIVISION Plaintiff VS. AUDRA M GAINES NO: 10-2914 Defendant ~C!~J ~'" i ' 3 :~'E 10~ 57 ~i .~ ~1 +~ PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE CLERK OF JUDICIAL RECORDS: Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the amount of $10,807.17. Notice of the intent to file a default judgment was served upon the Defendant on July 08, 2010. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." A. Abrahamsen & Associ$tes. P Attorney I.D. No.: 86285 Attorney for Plaintiff JUDGMENT AND NOW, this r~~ day of ~, 20~Q, Judgment is here entered in favor of the Plaintiff, ASSET ACCEPTANCE LLC and against the Defendant, AU M GAINES in the amount of $10,807.17 for failure to respond to Plaintiff s Complaint. PROT NOTARY J. .~`/k.GY~ l~c~...~../ C ~~DSg~ 1 ~,-~ a~ pb21 ~~~~.~~- ASSET ACCEPTANCE LLC vs. AUDRA M GAINES In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division NO: 10-2914 AFFIDAVIT UNDER SOLDIERS AND SAILORS Defendant RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): AUDRA M GAINES is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): AUDRA M GAINES is(are) older than eighteen years of age; That the employment status of the defendant(s): AUDRA M GAINES is(are) unknown. h Subscribed before me this ~ day of 1~e~-20 Lee Perricone, Notary Public NOTARIAL SEAL LEE PERRICONE Notary Public SCRANTON CITY, LACKaP A PN 2COn 4TY My Commission Exp ~' . ED:'1U1 4. ABRAHAF,I;EFI L•1ICHAEI F. RATCHFr~RD HEATHER Y. 'P:L?C~UR! iFF' AlSn A LIEF+IEEF ~~F F! BAR THE LAW OFFICE C?F ED1~1N ~. ~BR~H.~105~~N & ~~titJC'L~T &'~. Fi . Y4WV~r.EAA•LAW.C~7M .lulu 9, 2010 AUDRA M GAINES 2 APPOMATTOK CT MECHANICSBURG PA 17050 Re: ASSET ACCEPTANCE LLC v. AUDRA M GA[NES CUMBERLAND Cvltnly Ci~~il Action 1Vo.:10-291=1 Our f le No.: AA l 01475/JAU Dear AUDRA M GAINES: Enclosed please find the Ten Day Notice of Intent to Take Default in regard to the above- noted matter. Please act accordingly. If you have an}' questions or wish to discuss your outstanding account, please contact me at (570} 558-5510. L`d~~Jin A. Abrahamsen & Associates, Kevin J. Cummings, Esquire Enclosure This is a communication from a debt collectol• in an attempt to collect a debt. Any information will be used for that purpose. 110 N KEYSER AYE SCRANTON, PA EB504 (Pl 510.558.5510 (f) 510.558.5511 iN THE COURT OF COMMON !'LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC vs. CIVIL ACTION Plaintiff AUDRA M GAINES NO: IO-2914 Defendant TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: AUDRA M GAINES 2 APPOMATTOX CT MECHANICSBURG PA 17050 Date of Notice: Julx 9. ?010 IMPORTANT NOTICE PURSUANT TQ PA.R.C.I'. 237.1(a)~2) YOU ARE EN DEFAULT BECAUSE YOU F-IAVE FAiI_E1) TO ENTER AN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILF. IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO 7'HE CLAIMS SET FORTH AGAINST YOU. I.TNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU ~~%ITI-[OUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER 1MPOR~I~ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OIZ "TELEPHONE THE OFFICIO SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU W[TH 1NFORMATION ABc:)lJT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE T'O PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST' LOU'I'HER STREET CARLISLE. PA 17013 717-243-9300 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC CIVIL ACTION Plaintiff vs. AUDRA M GAINES : NO: ]0-2914 Defendant CERIFICATE OF SERVICE 1, Michael F. Ratchford, Esquire, I~ereby certify that on July 9, 2010 I served a copy of the Ten Day Notice of Intent to Take Default in the above captioned m~~tter by mailing the same via First Class United States mail, postage prepaid addressed as follows: AUDRA M GAINES 2 APPOMATTOX CT MECHANICSBURG PA 17050 Edwin A. Abrahamson & Associates, P.C. BY: Michael F. atchford, i~squire Attorney l.D. No.: 86285 Kevin J. Cummings, l~squire Attorney I.D. No.: 209660 120 N Kevser Avenue Scranton, PA 18504 (570) 558-5510 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Oct-07-2010 06:56:45 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency GAINES AUDRA M Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). rt~r n..w.~-n»~~,.- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scralpopreport.do 10/7/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:CHKEOTBK93 https://www.dmdc.osd.mil/appj/scra/popreport.do 10/7/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC vs. AUDRA M GAINES Plaintiff : CIVIL DIVISION : NO: 10-2914 Defendant CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: AUDRA M GAINES 2 APPOMATTOX CT MECHANICSBURG PA 17050 Edwin A. Abrahamsen & Associates, P.C. Date: August 19, 2010 Michael F. Ratchford, Esquire Attorney I.D. No.: 86285 120 N. Keyser Avenue Scranton, PA 18504 (570) 558-5510 ASSET ACCEPTANCE LLC vs. AUDRA M GAINES In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division NO: 10-2914 Defendant NOTICE OF FILING JUDGMENT Notice is herby given that a money judgment in the above-captioned matter has been entered against you in the amount of $ / C~ $/S 7, ~ ry on /T~3T'~p/ 6 By: If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 120 N. Keyser Avenue Scranton, PA 18504 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236) I L.,- ASSET ACCEPTANCE LLC ?'11'' In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvat ??ts1 QY Civil Division vs. COUNT` ImsYLVANIA, AUDRA M GAINES NO: 10-2914 Defendant Praecipe to Satisfy the Judgment PRAECIPE TO SATISFY THE JUDGMENT To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Satisfy the Judgment. Edwin A. Abrah sen Lawyer ID # W85 120 N. Keyser Avenue Scranton PA 18504 Esquire & Associates, P.C. (? % q. SO-xI Cj(.W 1( 411 4 Thank you,