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HomeMy WebLinkAbout10-4605THIS 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 n C- ?7 4 ASSET ACCEPTANCE LLC ASSIGNEE OF WORLD FINANCIAL NETWORK NATIONAL BANK 28405 VAN DYKE AVE Warren MI 48093 VS. TARYN L KAYLOR 109 SHARON RD ENOLA PA 17025-1803 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : lb - lflob NOTICE N cr ?? F W. 0,wil-Term 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 *Qa.00 P6 Ar-l O? laa 3a4 e* a Ys 09a 2082818 TTER. ASSESSMENT OF 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 April 15, 2010 in the amount of $900.24. 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 5/29/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $900.24 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI BERG, ESQUIRE JOEL M. FL , ESQUIRE 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. Name DEArq(lA SKICRSKI STATE OF MICHIGAN ) COUNTY OF MACOMB ss ASSET ACCEPTANCE, LLC Plaintiff, vs TARYN L KAYLOR Defendant, 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 $892.21 representing the charged off amount and interest. That the said account originally with NICTORIAS SECRET / World Financial Network Nati, account number 000000000876261509, 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. 10th day of March, 201 set Acceptance Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 10th of March, 2010 as certified by rand as set fo{th imnlediately below. blic L M WEST Notary Public - Michigan Wayne County My Commission Expires Sep 2, 2012 Acting In the County of MACOMB 39964366 1064 GORDON & WEINBERG 0 0 3 9 9 6 4 3 6 6 n.x:i ..c tso:tanca ?.: ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 TARYN L KAYLOR 109 SHARON RD ENOLA,PA 1 7025-1 803 ACCOUNT NUMBER CURRENT BALANCE 000000000876261509 $892.21 - - STATEMENT DATE ---------------- DUE DATE MAR 10 2010 DUE ACCOUNT NUMBER 000000000876261509 DATE OF LAST PAYMENT 05/29/07 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE MAR 10 2010 39964366 BALANCE DUE $892.21 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 07/06/07 08/03/09 $732.97 10.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF MAR 10 2010 $159.24 *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 64366 e6 4 4 GORDON & WEINBERG SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F ~ ~ - ,r,,, Sheriff rr'~~ ~ , 0~~,to of ~um6Pa~~ Jody S Smith ~' >'-~ ~ '~ ~ "~ ~: ~; ~-~ Chief Deputy ~ ~~.5 211~Q ~'~t`'~' ~ ~O' RM ~O ~Oy Richard W Stewart • ~` ° -~- a0~ O RV~ sy ~~,~ Solicitor tGE ~rTHE s~R)FF GLt~~+~ ~.., ,~; Asset Acceptance LLC Case Number vs. ' 2010-4605 Taryn L. Kaylor i SH~RIFF'S RETURN OF SERVICE 07/16/2010 04:40 PM -Shawn Harrison, deputy Sheriff, who being duly sworn according to law, states that on July 16 2010 at 1640 hours, he serv a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Taryn L. K ylor, by making known unto himself perso II at 1 haron Road, Enola, Cumberland County, Pennsyl ania 17025 its contents and at the sam and' to him personally the said true and correct copy of the same. ~ SAWN HARRISON, DEPUTY SHERIFF COST: $41.50 SO ANSWERS, """ July 19, 2010 RON R ANDERSON, SHERIFF (c) County5uite Sheriff. T"eleosoft, 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 ASSET ACCEPTANCE LLC ASSIGNEE OF WORLD FINANCIAL NETWORK NATIONAL BANK VS. TARYN L KAYLOR 2082818 F)'IED-FF iCE OT { 9 Vi PL ,a ND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-4605 PRAECIPE FOR ENTRY OF JUDGMENT FOR MWT OF AN ANSWER, ASSESSMENT OF DAMAGES 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 $900.24 Less: Payments on Account ( $.00) Total: $900.24 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 LLC ASSIGNEEOF WORLD FINANCIAL NETWORK NATIONAL BANK and that the last known address of defendant, TARYN L KAYLOR, 109 SHARON RD, ENOLA PA 17025-1803. 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 ten days prior to the date of filing of this praecipe. *I4.ooPa ATr'! 0 Mob 3. The said defendant(s) is (are) not in the military 0a48841o service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 N6 Ew years of age. AND NOW, this _cgf#h_ day of RIWt , 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 $900.24 as per the above certifiProthonotary GORDON & WEINBERG P.C. BY: FREDERIQ -/. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 2082818 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 WORLD FINANCIAL NETWORK NATIONAL BANK VS. TARYN L KAYLOR 109 SHARON RD ENOLA PA 17025-1803 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-4605 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. /Xt Judgment by Default $900.24 Money Judgment $ Judgment on Award of Arbitrators$ L_L 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 2a--? PRO RY 91Q8// 0 2082818 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 WORLD FINANCIAL NETWORK NATIONAL BANK Vs. TARYN L KAYLOR TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-4605 NOTICE OF INTENTION TO TAKE DEFAULT TARYN L KAYLOR 109 SHARON RD ENOLA PA 17025-1803 DATE OF NOTICE/FECHA DEL AVISO: August 20, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN AT'PnNEY =AND FILE IN WRITING WI-11 -1 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: FREDERI9' I'.' WEINBERG, ESQUIRE JOEL ZNK, ESQUIRE P10D-2 C-s C ?-.a C 20828q:K GORDON & WEINBERG, P.C. =rn BY: FREDERIC I. WEINBERG, ESQUIRE VM s Identification No.: 41360 JOEL M. FLINK, ESQUIRE =? Identification No.: 81894 C-j sa C 1001 E. Hector Street, Ste 220 . -- " Conshohocken, PA 19428 o ' 484/351-0500 ASSET ACCEPTANCE LLC ASSIGNEE COURT OF' COMMON PLEAS OF WORLD FINANCIAL NETWORK CUMBERLAND COUNTY NATIONAL BANK VS. TARYN L KAYLOR DOCKET NO. : 10-4605 SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this 08Dec10, it is suggested of record that Defendant, TARYN L KAYLOR, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about December 7, 2010, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 10-09602. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: FREDERIC I WEIN ERG, ESQUIRE JOEL M. FL NK, SQUIRE Attorney f laintiff