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
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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
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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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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
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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
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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~~+~
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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
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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.
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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
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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
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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
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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