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HomeMy WebLinkAbout10-4546,t FILE`;--. ~ ; '-`:. 20845?~'` ~ r :;~~;~Y 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 ~ga.oo PQ -omr e~ 1~'~1810 ~~a4~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 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