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HomeMy WebLinkAbout10-2948 2081878 THIS IS AN ARBITRATION MATTER. 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 Conshohocken, PA 19428 484/351-0500 ASSESSMENT OF n N Q ?' 1 C © -a -;; d ASSET ACCEPTANCE LLC ASSIGNEE OF CAPITAL ONE BANK,NA 28405 VAN DYKE AVE Warren MI 48093 Vs. LEONARD J OZIO II 6022 HUMMINGBIRD DR MECHANICSBURG PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10 -A48 Civil?Grm 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 G) q a. oo p A A7r? l (5`182 ?, ay 1 say A. 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 29, 2010 in the amount of $943.91. 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 11/4/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $943.91 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE B ,FR-G, ESQUIRE JOEL M. FLINK, QUIRE Attorney for Plaintiff P01A.DB . 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. r•`1 ' -"' Nam 3Udy Melasi EXHIBIT "A" r STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs LEONARD J OZIO II Defendant, AFFIDAVIT I, 11 Idy M1 2-1351 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 $926.74 representing the charged off amount and interest. That the said account originally with CAPITAL ONE BANK, NA/, account number 4862367157859242, 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 27th day of February, 2010. ss Accef! ce Representative Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 27th of February, 2010 as certified by my,?and as set forth iNm4eOiateiX below. Notary L M WEST Notary Public - M1cNgan Wayne County My Commission Expires Satz 2 201 Acting in the County of MACUME3 39881368 NJ WIN NJ Jim 1064 GORDON & WEINBERG 1111111111111 0 0 3 9 8 8 1 3 6 8 AY-sai A4C •pion<i ..a ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 LEONARD J OZIO II 6022 HUMMINGBIRD DR MECHANICSBURG,PA 17050 ACCOUNT NUMBER CURRENT BALANCE 4862367157859242 $926.74 STATEMENT DATE DUE DATE FEB 27 2010 DUE ACCOUNT NUMBER DATE OF LAST PAYMENT 4862367157859242 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE FEB 27 2010 39881368 BALANCE DUE $926.74 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 01/11/07 07/27/09 $614.43 20.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF FEB 27 2010 $312.31 *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 39881368 1064 GORDON & WEINBERG Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~~~ttr pt' ~Il~tlLerfr~,l ~F~ .. _ _'--,~2t~~ ~~~ , ?Olp I~~Y t 2 AM 8~ ~ 7 PEN1!~I.YA Asset Acceptance LLC vs. Case Number Leonard J. Ozio, II 2010-2948 SHERIFF'S RETURN OF SERVICE 05/10/2010 04:28 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 10, 2010 at 1625 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: Leonard J. Ozio II, by making known unto himself personally, at 6022 Hummingbird Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. f C~ MICHELLE GUTSHALL, DEPUTY SHERIFF COST: $37.00 May 11, 2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ci (~Otl">ySUIIP jN@tl1}. 1 F,I E'OS ~f. I?. SO ANSWERS, RON R ANDERSON, SHERIFF r r 2081878 ~ ~ '-~ ` GORDON & WEINBER P . C . ~. ~ t 7 BY: FREDERIC I. WEINBERG, ESQUIRE _~ - i-=~ _~ r-7 Identificati on No.. 41360 - `~ -t~;,, JOEL M. FLI K, ESQUIRE `~ Identificati on No.: 81894 - -~, 1001 E. Hector St reet, Ste 220 * . c~ ~'- , , ---, Conshohocken, PA 19428 , ~ ~ 1 484/351-0500 --~ '~`' w• ASSET ACCEPTANCE LLC ASSIGNEE COURT OF COMMON PLEAS OF CAPITAL ONE B K,NA CUMBERLAND COUNTY vs. DOCKET N0. 10-2948 LEONARD J OZIO II TO THE PROTHONOTARY: Enter judgme t for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be c lculable as a sum certain from the complaint, as follows: Understanding the penalty under 18 Authorities, I ve Principal $943.91 Less: Payments on Account ( $.00) Total: $943.91 false statements made herein are subject to ?a.C.S.A. X4904, Unsworn Falsification to :ify that: 1. The las known addresses of the parties are: ASSET ACCEPTANCE LLCASSI NEE OF CAPITAL ONE BANK,NA and that the last known address of d fendant, LEONARD J OZIO II, 6022 HUMMINGBIRD DR, MECHANICSBURG PA 1 050. 2. The ann xed notice(s) of intention to file this praecipe was (wer ) 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 . ~~l~,pp pp q-~y C~ b~58o~.6 3. The sai defendant(s) is (are) not in the military E~ aysy~a service of the Un'ted States or otherwise within the coverage of the Soldiers and ailors Civil Relief Act and is (are) over 18 ~~~ ~~~ years of age. AND NOW; this is entered in favo default for want o $943.91 as per the ~_ day of 2010 Judgment of the plaintiff(s) and a ainst defendant(s) by an answer and damages assessed at the sum of , above cert' 'catio . 0 Prothonotary GORDON & WEINBERG, P.C. BY: FREDER C I. W INBERG, ESQUIRE JOEL M FL ESQUIRE Attorney for Plaintiff 2081878 GORDON & WEINBERG, P.C. BY: FREDERIC I. EINBERG, ESQUIRE Identificati n No.: 41360 JOEL M. FLI K, ESQUIRE Identificat'on No.: 41200 1001 E. Hector S reet, Ste 220 Conshohocken, PA 19428 484/351-0500 ASSET ACCEPTANCE~LLC ASSIGNEE OF CAPITAL ONE B NK,NA vs. LEONARD J OZIO I] 6022 HUMMINGBIRD MECHANICSBURG PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-2948 NOTICE Pursuant to Pa.R. you are hereby no you in the above IF YOU HAVE ANY QUE ATTORNEYS: FREDERIC TELEPHONE NUMBER: ~ ;iv.P. 236 of the Supreme Court of Pennsylvania, :ified that a judgment has been entered against proceeding as indicated below. ~ Judgment by Default $943.91 ~ Money Judgment $ ~ Judgment on Axard of Arbitrators$ ,(~ Judgment on Verdict$ STIONS CONCERNING THIS NOTICE, PLEASE CALL I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS 84/351-0500 PROTHONOTARY l~/q/ID GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI BERG, ESQUIRE Identification o.: 41360 JOEL M. FLINK, SQUIRE Identification o.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 194 8 484/351-0500 2081878 ASSET ACCEPTANCE LLC ~SSIGNEE OF CAPITAL ONE BANK,NA vs. LEONARD J OZIO II TO/PARA . COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 10-2948 LEO ARD J OZIO II 6022 HUMMINGBIRD DR ME HANICSBURG PA 17050 DATE OF NOTICE/FECHA EL AVISO: June 15, 2010 IMPORTANT NOTICE YOU ARE IN DEFA LT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN A TORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE LAIMS 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 TELE HONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION BOUT HIRING A LAWYER. IF YOU CANNOT AP PROVIDE YOU WITH INFOF ET.,IGIBLE PERSONS AT A RD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO TION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO D1]CED FEE OR. NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 299-3166 GORDON & WEINBERG, P.C. P10D-2 BY: FREDERIC I. W I BERG, ESQUIRE JOEL M. FLIN ESQUIRE