HomeMy WebLinkAbout10-4614
2082359
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 CAPITAL ONE BANK,NA
28405 VAN DYKE AVE
Warren MI 48093
VS.
DEBORAH J LEHR
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 16 q6 /7 e v-'/
45 REGENCY WOODS N (? N
CARLISLE PA 17015
NOTICE c.._
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
la- 0 0 °l
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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 3, 2010 in
the amount of $1,037.35.
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.
R
7. Defendant's last payment on account was made on 1/22/07.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$1,037.35 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. E BERG, ESQUIRE
JOEL M. FLI , 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 finished to counsel. The language in the Complaint is that of F
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
STATE OF MICHIGAN )
ss
COUNTY OF MACOMB )
ASSET ACCEPTANCE, LLC
Plaintiff,
vs
DEBORAH JLEHR
Defendant,
I x`81 S r.
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 $1006.79 representing the charged off
amount and interest.
That the said account originally with CAPITAL ONE BANK, NA/, account number 4862362665694090,
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.
Day of March, 201
Representative
Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 04th of March, 2010 as
certified by my hand as set forth immediately below.
Notary Public
GERALD BAKER
Notary Public - Michigan
Macomb County
My Commission Expires Nov 2fi pp??1l5
bMg
Acting in the County of _MAC
40257647
064 u.aDO.awE,.n.aG
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Aa ae fAC t.4 fiG A<Y -....
ASSET ACCEPTANCE LLC
P.O. Box 2036
Warren, MI 48090
DEBORAH JLEHR
45 REGENCY WOODS N
CARLISLEXA 17015
ACCOUNT NUMBER CURRENT BALANCE
4862362665694090 $1006.79
STATEMENT DATE DUE DATE
MAR 04 2010 DUE
ACCOUNT NUMBER
4862362665694090
DATE OF LAST PAYMENT
01/22/07
DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE
MAR 04 2010 40257647 BALANCE DUE $1006.79
ASSET ACCEPTANCE LLC, A LIMITED
LIABILITY COMPANY ORGANIZED AND
EXISTING UNDER THE LAWS OF THE
STATE OF DELAWARE, ASSIGNEE OF
AALLC/CAPITAL ONE
P.O. Box 2036, Warren, MI 48090
DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE
02/15/07 09/24/09 $682.56 19.00%
SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF MAR 04 2010
$324.23
*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
40257647
1064 GORDON & WEINBERG
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
2082359
FILED-OFFICE
OF Ti L PAC i 110NOTAr2 t'
23! 3 o-f (3 PM 3-, 3C
ASSET ACCEPTANCE, LLC ASSIGNEE
OF CAPITAL ONE BANK,NA
VS.
DEBORAH J LEHR
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 10-4614 CIVIL
PRAECIPE FOR ENTRY OF JUI)GMMT FOR RANT OF AN ANSWZR, ASSESSBONT
OF DANAMS 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 $1,037.35
Less: Payments on Account ( $.00)
Total: $1,037.35
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 CAPITAL ONE BANK,NA and that the last
known address of defendant, DEBORAH J LEHR, 45 REGENCY WOODS N,
CARLISLE PA 17015.
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.Ob Pq
3. The said defendant(s) is (are) not in the military 01-2c3
service of the United States or otherwise within the coverage ofd 08%8
the Soldiers and Sailors Civil Relief Act and is (are) over 18 .iI,__,
years of age. kv re Pnal
AND NOW, this c?04_ day ofw
., , 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 ,
$1,037.35 as per the above certif-i ation. /
Prothonotl-ry-
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. WE NBERG, ESQUIRE
JOEL M. LIN , ESQUIRE
Attorney or Plaintiff
2082359
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 CAPITAL ONE BANK,NA
VS.
DEBORAH J LEHR
45 REGENCY WOODS N
CARLISLE PA 17015
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 10-4614 CIVIL
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.
LXL Judgment by Default $1,037.35
" Money Judgment $
L-L Judgment on Award of Arbitrators$
L-L Judgment on Verdict$
IF YOU HAVE ANY QUESTIONS CONCERNING THIS
ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M
TELEPHONE NUMBER: 484/351-0500
NOTICE, PLEASE CALL
FLINK, ESQUIRES AT THIS
9L"
PROTHON
9401r0
2082359
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FL•INK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
ASSET ACCEPTANCE, LLC ASSIGNEE OF
CAPITAL ONE BANK,NA
Vs.
DEBORAH J LEHR
TO/PARA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 10-4614 CIVIL
NOTICE OF INTENTION TO TAKE DEFAULT
DEBORAH J LEHR
45 REGENCY WOODS N
CARLISLE PA 17015
DATE OF NOTICE/FECHA DEL AVISO: August 5, 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 I. EINBERG, ESQUIRE
JOEL M. FLI K, ESQUIRE
P10D-2