HomeMy WebLinkAbout10-4546,t
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THIS IS AN ARBITRATION MATTF~,1~ ~I~SS~S~~E~,T3f~F
DAMAGES HEARING REQUIRED. LL~~ 03~ VV
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE l,'~rr=.,_., ~ ~ ''~(~~
Identification No.: 41360 ~-'+-'~d~~'~`•'J~t'~~
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
ASSET ACCEPTANCE LLC ASSIGNEE
OF WORLD FINANCIAL NETWORK
NATIONAL BANK
28405 VAN DYKE AVE
Warren MI 48093
vs.
NICHOLE L LINGLE
904 BRIDGE ST
NEW CUMBERLAND PA 17070
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET N0. ~O _ t{5~(~ l~Wll (+pxM
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
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e~ 1~'~1810
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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 May 7, 2010 in
the amount of $2,137.27.
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 1.3.07.
WHEREFORE, plaintiff. claims of the defendant(s) the sum of
$2,137.27 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. WEI RG, ESQUIRE
JOEL M. FLI , ESQUIRE
Attorney for Plaintiff
POlA.DB
VERIT+'ICATION
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 vy reference in the foregoing Complaint in Civil Action
are true and coil-ect to the best of my knowledge, information and belief and is based upon
information which plaintiff has fimushed 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 co~msel,
plaintiff has relied upon counsel in malting this verification. This verification is made subject to
1 S Pa.C.S. §4904 which provides for certain penalties for malting false statements. ~ . - _
Name
l~i~~~r~J ~~'~~~~~~~
EXHIBIT "A"
STATE OF MICHIGAN )
ss
COUNTY OF MACOMB )
ASSET ACCEPTANCE, LLC
Plaintiff,
vs
NICHOLE L LINGLE
Defend~tt;= l `;
I,
) 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 $2109.18 representing the charged off
amount and interest.
That the said account originally with /EXPRESS /World Financial Network National Bank, account
number 000000000307782347, 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 25 of March, 2010.
__._--~
Asset Acceptance Representative
Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 25th of March, 2010 as
certified by my hand as set forth immediately below.
Notary Public
MAi1REf:N CY#I~E
MotCry Pu~liC - Mlchlgan
1V4acamb County
My Gommisalon Expitea ,Nsi 13, 2013
AcflnQ in the Gouniy of MAC~MB
~u,.W,.g.~~a~~ i~ww~~N'Miiuiii~N
ASSET ACCEPTANCE LLC
P.O. Box 2036
Warren, MI 48090
NICHOLE L LINGLE
904 BRIDGE ST
NEW CUMBERLAND,PA 17070
ACCOUNT NUMBER CURRENT BALANCE
000000000307782347 $2109.18
STATEMENT DATE DUE DATE
MAR 25 2010 DUE
ACCOUNT NUMBER DATE OF LAST PAYMENT
000000000307782347 01 /03/07
DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE
MAR 25 2010 38936335 BALANCE DUE $2109.18
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
11 /05/06 02/04/09 $165 3.81 10.00%
SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF MAR 25 2010
$455.37
*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
38936335
1064 GORDON & WEINBERG
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
-~ _~._
FIDE 47F'r+S S`+ERIFf
20l~ ~~~~ 2J Pµ3'
~1_~r,1 i' (',
Asset Acceptance LLC Case Number
vs.
Nichole L. Lingle 2010-4546
SHERIFF'S RETURN OF SERVICE
07/22/2010 Ronny R. Anderson, Sheriff,'who being duly sworn according to law, states that he made a diligent search
and inquiry for the within nanhed defendant to wit: Nichole L. Lingle, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Nichole
L. Lingle. The New Cumberlland Postmaster has advised Nichole L. Lingle's new address is 4107
Elmerton Avenue, Apartment 2C, Harrisburg, PA 17109.
SHERIFF COST: $48.30 SO ANSWERS,
July 22, 2010 RON R ANDERSON, SHERIFF
(cj CountySuite Sheriff, Teleosoft, Inc.
David -D. Buell -
Prothonotary
Office of the 1�'- rothonotary
Cum6er[and County, (Pennsylvania
ld -
Kirks. Sohonage, ESQ
Sofcitor
ORDER OF TERMINATION OF COURT CASES
CIVIL TERM
AND NOW THIS 28TH DAY OF OCTOBER, 2014, 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 0 Suite100 0 Car(isCe, TA ® (Phone 717 240-6195 0 Ea.;c 71 7 240-6573