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Home My WebLink About10-2945 2082176 THIS IS AN ARBI TRATION MATTER. ASSE SSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE n ?'v Identification No.: 41360 c=' JOEL M. FLINK, ESQUIRE ??' ? Identification No.: 41200 fn __a 1001 E. Hector Street-, Ste 220 Conshohocken, PA 19428 --3 - 484/351-0500 Jrt ASSET ACCEPTANCE LLC ASSIGNEE COURT OF COMMON PLEAS OF CHASE BANK CUMBERLAND COUNTY 28405 Van Dyke Ave Warren MI 48093 VS. DOCKET NO. : 10 -olQ4 HERBERT N BARNHARDT 2217 ORCHARD RDAPT B CAMP HILL PA 17011 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 O $ga.0o PO NITY ? ay15'oa 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)tae 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 4/1/10 in the amount of $13,489.97. 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 1/4/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $13,489.97 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. IN RG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A.DB 6 VERIFICATION I 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 knowledge, information and belief and is based upon information 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. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. kb' Name EANNA'SKICRSKI EXHIBIT "A" STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs HERBERT N BARNHARDT Defendant, AFFIDAVIT I, .. r n W A SKIES SKI 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 $13263.09 representing the charged off amount and interest. That the said account originally with CHASE BANK/HERITAGE FIRST USA / CHASE, account number 4417124751909711, 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. ed this 04th day of March, 11 J Asset Acceptance Repr entative Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 04th of March, 2010 as certified by my hand as set forth immediately below. Notary Public CC 38098946 M11 INN 1064 GORDON & WEINBERG 0 0 3 8 0 9 8 9 4 6 Ait A4GSG Ortc+ ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 ACCOUNT NUMBER CURRENT BALANCE 4417124751909711 $13263.09 STATEMENT DATE DUE DATE MAR 04 2010 DUE HERBERT N BARNHARDT 2217 ORCHARD RD APT B CAMP HILL,PA 17011 ACCOUNT NUMBER DATE OF LAST PAYMENT 4417124751909711 01/04/07 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE MAR 04 2010 38098946 BALANCE DUE $13263.09 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF AALLC/CHASE 8/08 P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 11/09/05 08/27/08 $8519 65 18 00% . . SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF MAR 04 2010 $4743.44 *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 38098946 Y 1064 GORDON & WEINBERG SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor .~ ~y~~t1t` of l::mnt'rr'!U ~~ - ~ ~~ ~~ ~~~~"f~Ti# YQIe K~~ ~ 2 ar 8= a~ Asset Acceptance LLC vs. Herbert N. Barnhardt Case Number 2010-2945 SHERIFF'S RETURN OF SERVICE 05/07/2010 09:08 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on May 7, 2010 at 2105 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Herbert N. Barnhardt, by making known unto Deb Fuller, adult in charge at 2217 Orchard Road Apartment B, Camp Hill, Cumber{and County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 May 10, 2010 TIM BLACK, DEPUTY SO ANSWERS, `-.__~ RON R ANDERSON, SHERIFF (r,? CeuntySu,r ~.;e,.,tt. Teec ~.;~+t. b`~. ~_ s GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 20821Ty'~6.~C~-~ . 2GID ,~~L ~3 ~~;~ 2~ ~' .,rt•. ASSET ACCEPTANCE LLC ASSIGNEE OF CHASE BANK vs. HERBERT N BARNHARDT COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-2945 PRAECIPE FOR ENTRY OF JVDGM~iT FOR 1iANT OF AN ANS9IER A33ESS~NT OF DAMAGES, VERIFICATION OF ADDRE83 AND NON-MILITARY 3~RVICB TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $13,489.97 Less: Payments on Account ( $.00) Total: $13,489.97 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. X4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: ASSET ACCEPTANCE LLCASSIGNEE OF CHASE BANK and that the last known address of defendant, HERBERT N BARNHARDT, 2217 ORCHARD RDAPT B, CAMP HILL PA 17011. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. $14.bo POAt'7•! e# 1815899 3. The said defendant(s) is (are) not in the military ~ d~S~~~ service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. U~ ~~~ AND NOW, this o?3'"~ day of ~ 2010 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer a damages assessed at the sum of , $13,489.97 as per the above c rt~f cation. Prothonotary GORDON & WEINBERG, P.C. BY; FREDERIC I WE BERG, ESQUIRE JOEL M. F NK, ESQUIRE Attorney f laintiff 2082176 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 Conshohocken, PA 19428 484/351-0500 ASSET ACCEPTANCE LLC ASSIGNEE OF CHASE BANK vs. HERBERT N BARNHARDT 2217 ORCHARD RDAPT B CAMP HILL PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-2945 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. ,~ J~dgmeat by Default $13,489.97 ,/~ Money Judgment $ ~ Judgment on Allard of Arbitrators$ j [ Judgment oa Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 PR OTARY 7/ot3/lcf 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 Conshohocken, PA 19928 484/351-0500 2082176 ASSET ACCEPTANCE LLC ASSIGNEE OF CHASE BANK vs. HERBERT N BARNHARDT COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-2995 NOTICE OF INTENTION TO TAIL DEFAULT TO/PARA HERBERT N BARNHARDT 2217 ORCHARD RDAPT B CAMP HILL PA 17011 DATE OF NOTICE/FECHA DEL AVISO: June 18, 2010 II~ORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 299-3166 GORDON & WEINBERG, P.C. BY• FREDERI / EINBERG, ESQUIRE JOEL M INK, ESQUIRE P10D-2