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Home My WebLink About10-45471 ~:' ~~L_'J ~~» r " ---c, n~~ 2085h9~`= ` ~ " `- THIS IS AN ARBITRATION MATTES SS~$,EN~ ,Q,F DAMAGES HEARING REQUIRED. ~~~~ ~'U'- 7 f°~ ~~ ~uu GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG ESQUIRE CUPi -' ~ F~,°~ 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 28405 Van Dyke Ave Warren MI 48093 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. GARY S CANNADAY 9 ROBIN CT MECHANICSBURG PA 17055 DOCKET N0 . ~ - yst( 7 C1V i ~T~ 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 ~qo1. oo P o p rrf ~-r ~aa~o ~ ~,* a yy 9~a i ~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 12, 2010 in the amount of $3,474.93. 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 5/30/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,474.93 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. JOEL M. FL T Attorney fo II~],T~ERG, ESQUIRE SQUIRE laintiff POlA.DB VERIFICATION ] hereby state that I am the agent for the plaintiff herein, al~d that the facts set forth in the attached Affidavit ~~~hich is incorporated by reference in the foregoing Complaint in Civil Action a~~e true and c.on-ect to the best of my knowledge, information and belief a;~d is based upon i;>jonnation ~~~]>jch p]aintiff has ft;rnished 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 malting this verification. This verification is made subject to ] 8 Pa.C.S. §4904 which provides for certain penalties for malting false statements. Name ~eanna`Jasa STATE OF MICHIGAN ) COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs GARYSCANNADAY Defendant, ss AFFIDAVIT I, eanna Jason 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 $3427.54 representing the charged off amount and interest. That the said account originally with CHASE BANK/First USA, account number 4266841035204245, 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. 07th day of April, 2010. -~-'' Asset Acceptance Rep senta ive Subscn d and sworn to be re me, a Notary Public for the State of Michigan, the 07th of April, 2010 as certified by my land asset forth imm fate below. --- t r~ ~~ti~sl V:'~yrs=3 G~~uniy ~y Cwmr,~i~s4on Ext7lr~s S~:p 2, ~.~o.~,..wE,~eEU i~~~i~~~~r~~~A~ :i el st-A<o- sp3.o fsci. ,... ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 GARY S CANNADAY 9 ROBIN CT MECHANICSBURG,PA 17055 ACCOUNT NUMBER CURRENT BALANCE 4266841035204245 $3427.54 STATEMENT DATE DUE DATE APR 07 2010 DUE ACCOUNT NUMBER DATE OF LAST PAYMENT 4266841035204245 05/30/07 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE APR 07 2010 40319821 BALANCE DUE $3427.54 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE . STATE OF DELAWARE, ASSIGNEE OF AALLC/CHASE 9/09 P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 07/ 16/07 09/29/09 $2463.97 18.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF APR 07 2010 $963.57 *For purposes of this Statement only, Charge Off Amount reflects credits for payments received by Asset, if any. ** Not previously sent to consumer. THIS COMMUNICATION IS FROM A DEBT COLLECTOR ;. ~ . 40319821 1064 GORDON & WEINBERG SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOiICItOr ~$~,~titr of ~ug9br~~~~ t. ~`~`y~ k~>~ 't .. I~FF~GE q~ '~E =_~:RIFF r .~.~ "- E • ri~ ; ~ y ~ l'21 ~I t f ^4 /I._- . -. Asset Acceptance LLC vs. Gary S. Cannaday Case Number 2010-4547 SHERIFF'S RETURN OF SERVICE 07/30/2010 08:50 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 30, 2010 at 2050 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gary S. Cannaday, by making known unto Cindy Burd, adult in charge at 9 Robin Court, Mechanicsburg, Cumberland County, Pennsylvania 17055 it s contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 August 03, 2010 AM NDA COBAUGH, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF {c) CountySuite Sheriff. TeleosoR. Inc. 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 ~QR`=.~-~ 44iC~ ~ ~~~~ ~~ S -~ ~' ~ ~ t ~ ~ ~ "" ~~~r~i't'~ ti ~~ a,s ASSET ACCEPTANCE LLC ASSIGNEE OF CHASE BANK vs. GARY S CANNADAY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-4547 PRAECIPE FOR ENTRY OF JVD(~NT FOR PANT OF AN ANS~iER ASSESSN~NT OF DANAGE3 VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE 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 $3,474.93 Less: Payments on Account ( $.00) Total: $3,474.93 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, 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, GARY S CANNADAY, 9 ROBIN CT, MECHANICSBURG PA 17055. 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 ~~~ ~ PQ ~y ten days prior to the date of filing of this praecipe. ~~~~~~ 3. The said defendant (s) is (are) not in the military ~#a~l9f(o0 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. AND NOW, this 5~ day of ~' 2010 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $3,474.93 as per the abo certi is tion. P othonotary GORDON & WEINBE G, P.C. BY: FREDERIC I WE BERG, ESQUIRE JOEL M. FL , ESQUIRE Attorney for Plaintiff 2085197 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. GARY S CANNADAY 9 ROBIN CT MECHANICSBURG PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-4547 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. fR1 Judgment by Default $3,474.93 ~ Money Judgment $ ~ Judgment on Allard of Arbitratora$ ~ Judgment on 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 1b~5f~o GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 91200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19928 489/351-0500 2085197 ASSET ACCEPTANCE LLC ASSIGNEE OF COURT OF COMMON PLEAS CHASE BANK CUMBERLAND COUNTY vs. GARY S CANNADAY TO/PARA DOCKET N0. 10-9547 NOTICE OF INTENTION TO TAIQ: DEFAULT GARYSCANNADAY 9 ROBIN CT MECHANICSBURG PA 17055 DATE OF NOTICE/FECHA DEL AVISO: August 31, 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) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERIC I. EINBE G, ESQUIRE JOEL M. FLI K, E UIRE P10D-2