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HomeMy WebLinkAbout10-4548+• ~ , 2084499 THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. CORDON & 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 BANK OF AMERICA NA 28405 Van Dyke Ave Warren MI 48093 vs. KEVEN T ROHER 450 HILLCREST DR CARLISLE PA 17015 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. ~p - 1{~{.g ~~v~i (~~W! 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 s ~ga.oo Pa ~t-rr ~~ taa~as 2# ~ y~ 9,~3 ASSES~~Iy~i'L 0~ ~ ~ 3 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 $1,625.38. 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. f 7. Defendant's last payment on account was made on 9/1/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,625.38 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. JOEL M. FLI Attorney for IN RG, ESQUIRE SQUIRE laintiff POlA.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 con-ect to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counse]. The language in the Comp]aint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint aie that of counsel, plaintiff has relied upon counsel in malting this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. r'?. Name ~~~y Melasi EXHIBIT "A" STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs KEVEN T ROHER Defendant, I ~u~~~ r~EU~s- 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 $1625.38 representing the charged off amount and interest. That the said account originally with BANK OF AMERICA NA, account number 4800115994521318, 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 30th day of March, 2010. , ~1.t2~-' et Accep ce Representative Subscribed and sworn to before me, a Notary Public for the certified by my hand as set forth immediately below. Notary Public GERALD BAKER Notary Public -Michigan Macomb County My Commission Expires N v 26, 201 Acting in the County of State of Michigan, the 30th of March, 2010 as ~° .~~,°.-~Ye~~ IIINNN~~IIIWI~ ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 KEVEN T ROHER 450 HILLCREST DR CARLISLE,PA 17015 ACCOUNT NUMBER CURRENT BALANCE 4800115994521318 $1625.38 STATEMENT DATE DUE DATE MAR 30 2010 DUE ACCOUNT NUMBER DATE OF LAST PAYMENT 4800115994521318 09/01/07 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE MAR 30 2010 40368110 BALANCE DUE $1625.38 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF AALLC/COLLECT AMER P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 07/04/07 10/08/09 $1625 38 0 00% . . SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF MAR 30 2010 $0.00 *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 ~ ~~ ~" 40368110 ]064 GORDON & WEINBERG SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Flt_.E~F'--..~i~~-1~_; Sheriff ',;= Tt '~: ~ , , , ",'?Y bs~~"t~ ct ~u~ndcr~~~~ ... Jody S Smith Chief Deputy '~% ,.:.p~~r ~~~~ ~~ `~ ~ ~3 i' i G~ ~~~ Richard W Stewart ~' ~" ~ ', ~;iFFIt~E ':F THE 9~ERIFF Cla~~u . ~ - + t SOIICltOr # ~~'~ it anry Asset Acceptance LLC Case Number vs. Keven T. Roher 2010-4548 SHERIFF'S RETURN OF SERVICE 07/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Keven T. Roher, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Keven T. Roher. Linda Roher advised Deputies, Keven T. Roher is deceased. SHERIFF COST: $38.40 SO ANSWERS, .., +~ July 13, 2010 RON R ANDERSON, SHERIFF ic? CountySuite ShenfF, Teleosoft. Inr.. David2). Buell Prothonotary Office of the Prothonotary Cum6erfancf County, KPennsyfvania Sofionage, ESQ Solicitor 1D —1-/S118 CIVIL TERM ORDER OF TERMINATION OF COURT CASES 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 PROTHO NOTARY One Courthouse Square 0 Suite100 0 CartisCe, TA 0 (Phone 717 240-6195 0 ''ax 717 240-6573