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HomeMy WebLinkAbout10-46122084275 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF 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 ASSET ACCEPTANCE LLC ASSIGNEE OF CITIBANK (SOUTH DAKOTA), 28405 VAN DYKE AVE Warren MI 48093 VS. PATRICK BASOM 103 N 21ST ST CAMP HILL PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : /0 _ L / N ? J {7" •.,7 Fn zz 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 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 ofd April 29, 2010 in the amount of $9,375.15. 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 7/20/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $9,375.15 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EIN RG, ESQUIRE JOEL M. FL K, SQUIRE 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. NmJudy Melasi STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs PATRICK BASOM r Defenda1WWJJ nt,, V [AELASI 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 $9157.58 representing the charged off amount and interest. That the said account originally with CITIBANK/, account number 5424180621624136, 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 29th day of March, 2010. et ccep Kce Representative Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 29th of March, 2010 as certified by my hand as set forth immediately below. Notary Public 00W Wlnq In it?e CoUl" 40162807 ?.G.,.?N ,wE,.eEaG 111Nw?I?MMMN?I? 0 0 4 0 1 6 2 8 0 7 ^G,w: ??.? .jam ,? ?..?? h,?,..._ ,riy;: ??y,? ?ti? 7. e, . ??, L 1 ;3 - ` Atiif a?LC <f:9R?<t ,.< ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 PATRICK BASOM 103 N 21 ST ST CAMP HILL,PA 17011 ACCOUNT NUMBER CURRENT BALANCE 5424180621624136 $9157.58 STATEMENT DATE DUE DATE MAR 29 2010 DUE ACCOUNT NUMBER 5424180621624136 DATE MAR 29 2010 DATE OF LAST PAYMENT 07/20/07 REFERENCE NO I ACCOUNT INFORMATION 40162807 BALANCE DUE - ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF AALLC/CITIBANK 8/0 P.O. Box 2036, Warren, MI 48090 BALANCE DUE 9157.58 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 08/17/07 09/10/09 $6127.65 24.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF MAR 29 2010 $3029.93 *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 --S?f 40162807 1-) 1064 GORDON & WEINBERG SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~ k Jody S Smith Q~,tw o~ +~rrrn~r~.r~ ~ ~~ , ~ -~ ~. ' ' ' } ~,,., ' "~'~ Chief Deputy O. -~ ~,- ~?'~} ( Richard W Stewart ` ~ ~~- J Solicitor crFFtcc ~F ~~s: sNe~,r~= ~ ~ ", K , ; ~ a ~, L~~l' j ('~ 9 5'J i ~l Asset Acceptance LLC vs. Case Number Patrick A. Basom 2010-4612 SHERIFF'S RETURN OF SERVICE 07/26/2010 04:32 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 26, 2010 at 1632 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: Patrick A. Basom, by making known unto himself personally, at McDonald's, 1 Lemoyne Drive, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and con'ect copy of the same. AMA DA COBAUGH, DEPUTY SHERIFF COST: $55.90 July 27, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (cj CountySuite Sheriff, Teleosoft, 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 2084~r'~`~t_~~: Fl~E ^s,~ra^+~{~ ~ ~ *rii'~~ r~lrT~ g i ~ f'1 w rv^. ~ 6 U tiJ , (p ` ~ n] ASSET ACCEPTANCE LLC ASSIGNEE OF CITIBANK (SOUTH DAKOTA), vs. PATRICK BASOM COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-4612 PRAECIPE FOR ENTRY OF JUDC;~NT FOR PANT OF AN ANS9PER A33E33MLNT OF DAMAGE, VERIFICATION OF ADDRE33 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 $9,375.15 Less: Payments on Account ( $.00) Total: $9,375.15 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. X4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: ASSET ACCEPTANCE LLCASSIGNEE OF CITIBANK (SOUTH DAKOTA), and that the last known address of defendant, PATRICK BASOM, 103 N 21ST ST, CAMP HILL PA 17011. 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. ~~~.,ppppA'IT`~ ~~ l3~sa 3. The said defendant (s) is (are) not in the military (Z~~19![P~ 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 _ ~'~ day of u:~ 2010 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for ~3ant of an answer and damages assessed at the sum of , $9,375.15 as per the above certification. ,.. Prothonotary GORDON & WEINBERG, P.C. BY: FREDERIC I. EIN ERG, ESQUIRE JOEL M. FLI K, SQUIRE Attorney fo laintiff 2084275 GORDON & WEINBERG, P.C. BY: FREDERI~ 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 CITIBANK (SOUTH DAKOTA), COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. PATRICK BASOM 103 N 21ST ST CAMP HILL PA 17011 DOCKET N0. 10-4612 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. fRL Judgment by Default $9,375.15 ~ Monsy Judgment $ ~ Judgment on Aaard of Arbitrators$ ~ 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 PR THONOTARY ,0,1,0 2084275 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 CITIBANK (SOUTH DAKOTA), vs. PATRICK BASOM TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-4612 NOTICE OF INTENTION TO TAIL DEFAULT PATRICK BASOM 103N21STST CAMP HILL PA 1701 I DATE OF NOTICE/FECHA DEL AVISO: August 31, 2010 IMPORTANT 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 WEIN ERG, ESQUIRE JOEL M. LIN SQUIRE PLOD-2 2084275 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE ? ,.;, T Identification No.: 41360 ? rn% ? rn JOEL M. FLINK, ESQUIRE 03 Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 ?C' n ? 484/351-0500 C- N) ° co -, ASSET ACCEPTANCE LLC ASSIGNEE COURT OF COMMON PLEAS OF CITIBANK (SOUTH DAKOTA), CUMBERLAND COUNTY VS. DOCKET NO. : 10-4612 PATRICK BASOM SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this February 22, 2012, it is suggested of record that Defendant, PATRICK BASOM, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about February 17, 2012, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 12-00922. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: Z-- FREDERII I. INBERG, ESQUIRE JOEL ESQUIRE Attorney for Plaintiff