HomeMy WebLinkAbout10-4986A'
2083563
THIS IS AN ARBITRATION MATTER. ASSESSMENT OF
DAMAGES HEARING REQUIRED.
GORDON & WEINBERG, P.C. n
BY: FREDERIC I. WEINBERG, ESQUIRE c
Identification No.: 41360 - ??- '
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
w
484/351-0500 a,
ASSET ACCEPTANCE LLC ASSIGNEE
OF HSBC BANK NEVADA, N.A.
28405 VAN DYKE AVE
Warren MI 48093
Vs.
MICHAEL A DECICCO
29 NATHAN DR
ENOLA PA 17025-2676
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : fib- 4q$(, &YI lTerm
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
40,oo PO A"
C-r la3loos
e a3( 0o9
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 26, 2010
in the amount of $1,276.47.
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 9/12/07.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$1,276.47 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. ?EI?BERG, ESQUIRE
JOEL M. FLIN SQUIRE
Attorney for laintiff
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.
r1- '
Nam Judy Meiasi
STATE OF MICHIGAN }
ss
COUNTY OF MACOMB )
ASSET ACCEPTANCE, LLC )
Plaintiff, )
vs )
MICHAEL A DECICCO AFFIDAVIT
Defendant, )
I, JUDY MELMt 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 $1269.86 representing the charged off
amount and interest.
That the said account originally with HSBC BANK NEVADA, N.AJ, account number
5440455028410036, 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 24th day of March, 2010.
Q?' UL
set Accep ance Representative
Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 24th of March, 2010 as
certif#ed by 7Q hand as set fort ilpmedjately below.
r-
L M WEST
Notary Public. - Mir Ngon
Wayne County
My Commission Expires Sep 2, 21112
[Acting In the County), c,l MACOMB_.
37618026
0 0 3 7 6 1 8 0 2 6
Aiaei AtC lp)Urvcc .
ASSET ACCEPTANCE LLC
P.O. Box 2036
Warren, MI 48090
ACCOUNT NUMBER CURRENT BALANCE
5440455028410036 $1269.86
STATEMENT DATE DUE DATE
MAR 24 2010 DUE
MICHAEL A DECICCO
29 NATHAN DR
ENOLA,PA 17025-2676
ACCOUNT NUMBER
5440455028410036
DATE OF LAST PAYMENT
09/12/07
DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE
MAR 24 2010 37618026 BALANCE DUE $1269.86
ASSET ACCEPTANCE LLC, A LIMITED
LIABILITY COMPANY ORGANIZED AND
EXISTING UNDER THE LAWS OF THE
STATE OF DELAWARE, ASSIGNEE OF
AALLC/HSBC 5/08
P.O. Box 2036, Warren, MI 48090
DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE
11/02/07 06/10/08 $1182.32 4.00%
SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF MAR 24 2010
$87.54
*For purposes of this Statement only, Charge Off Amount reflects credits for payments received by
Asset, if any.
** Not previously sent to consumer.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR
37618026
1064 GORDON & WEINBERG
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson i :.:
Sheriff
?.$uov of cuu,b
Chief Deputy 3 Ali I
o-
Richard W Stewart
Solicitor OFFICE CF THE SRERIFF
Asset Acceptance LLC Case Number
VS.
Michael A. Decicco 2010-4986
SHERIFF'S RETURN OF SERVICE
08/12/2010 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Michael A. Decicco, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Michael
A. Decicco. Current resident of 29 Nathan Drive, Enola, PA 17025 advised Deputies, they have resided ai
this location since July 2010 and do not know the defendant. The Enola Postmaster has confirmed,
Michael A. Decicco's new address is 203 Walnut Woods Drive, Morrisville, NC 27560.
SHERIFF COST: $46.50 SO ANSWERS,
00
August 12, 2010 RON . R ANDERSON, SHERIFF
(c) CountySuite Shenff, Teleosoft, Inc.
David -D. Bud('
Prothonotary
Office of the Prothonotary
Cum6er[anc[ County, 1�'- ennsy[vania
xirkS. Sohonage, FSQ
Solicitor
"1178j 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
PROTHONOTARY
One Courthouse Square 0 Suite100 ® Car[i sCe, TA ® (Phone 717 240-6195 0 Eax 717 240-6573