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Home My WebLink About10-5143A FlC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC PO BOX 2036 Warren, MI 48090 VS. NICKIE M CRAMER 6961 WERTZVILLE RD APT 3 ENOLA PA 17025-1010 : CIVIL ACTION 20, (vj L-3' ,?U6- cv Ftm q:5 ? C?. Plaintiff : NO: 10 - 5183 C erm Defendant : NOTICE TO DEFEND 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 to Defend are served, by entering a written appearance personally or by an 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 judgment 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 W, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC PO BOX 2036 CIVIL ACTION Warren, MI 48090 Plaintiff VS. NO: NICKIE M CRAMER 6961 WERTZVILLE RD APT 3 ENOLA PA 17025-1010 Defendant COMPLAINT Plaintiff, ASSET ACCEPTANCE LLC, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, ASSET ACCEPTANCE LLC, (hereinafter "Plaintiff') is a corporation with a principal place of business located at P.O.Box 2036 Warren, MI 48090. 2. The Defendant NICKIE M CRAMER (hereinafter "Defendant") is an adult individual residing at 6961 WERTZVILLE RD APT 3 ENOLA PA 17025-1010. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by CHASE BANK with the account number 4266841125961779. 5. The within account was sold by CHASE BANK to ASSET ACCEPTANCE LLC for valuable consideration and all rights under said accounts were assigned to ASSET ACCEPTANCE LLC .(See, Affidavit attached hereto as Exhibit "A".) 6. Use of the CHASE BANK credit card was subject to the terms of the Cardmember Agreement, a copy of which was sent to the Defendant along with the credit card. (See, Credit Card Agreement attached hereto as Exhibit "B") 7. Defendant used the CHASE BANK credit card account number 4266841125961779, for purchases, cash advances and/or balance transfers. 8. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card.(See, Account Statement attached hereto as Exhibit "C".) 9. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 10. The Defendant last made a payment on April 28, 2008. 11. The principal amount was $3,936.13 at the time it was received by Plaintiff. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 18%. 13. The total amount due and owing the Plaintiff including interest, is $5,411.72. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $5,411.72 plus costs of suit and any other relief as the Court deems just and appropriate. Edwin A. Abrahamse & Assoc. Michael F. Ratchfor , Esquire Heather K. Wood , Esquire Attorney I.D. Nos,. 86285/207805 120 North Keyse?Ave. Scranton, PA 1$504 law.com aw.com VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, ASSET ACCEPTANCE LLC, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. ?, fe I I it 1 STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs NICKIE M CRAMER Defendant, AFFIDAVIT I, 31Idy Melast 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 $5127.96 representing the charged off amount and interest. That the said account originally with CHASE BANK/FIRST USA, account number 4266841125961779, has been purchased by ASSET ACCEPTANCE, LLC, who now owns said account and has all rights connected therewith including the right to institute this action. Dated this 29th day of January, 2010. N I Al I hmfoz? Aeof Acce to ce Representative Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 29th certified by my hand as set forth immediately below. ' Notary Public 1y1 chigcan urty s 3tii 18, 2013 =ltisCDun"l '04P of MA,COMB- 39920046 1059 EDWIN A ABRAHAMSEN of January, 2010 as A/tl MO II??I?NII??WI? 0 0 3 9 9 2 0 0 4 6 CHASE O i EXHIBIT A BILL OF SALE Chase Bank USA, N.A. ("Seller"), for value received and pursuant to the terms and conditions of Credit Card Account Purchase Agreement dated January 06, 2009 between Seller and Asset Acceptance, LLC ("Purchaser"), its successors and assigns ("Credit Card Account Purchase Agreement"), hereby assigns effective as of the File Creation Date July 16, 2009 all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described in Exhibit 1 attached hereto and made part hereof for all purposes. Number of Accounts Total Unpaid Balances Premium Due Seller Amounts due to Seller by Purchaser in hereunder shall be paid U.S. Dollars by a wire transfer to be received by Seller on July 23, 2009 (the "Closing Date") by 2:00 p.m. Seller's time, as follows: This Bill of Sale is executed without irecourse except as stated in the Credit Card Account Purchase Agreement to which this is an Exhibit. No other representation of or warranty of title or enforceability is expressed or implied. Chase SA;-N,o Asset Acceptance, LLC By: ?._ By: Date: Ju Date: IdD/0"S Title Team Leader Title? a v C N t0 A d a Fin 1. -tir . a alt I$ v HER. s vi, 1. j5 r4 Wis at. 3? xo ffi s? VIE 5*1 r g no5-g H i r +' N r g M f Y•, Z Z z3 ?i wN w n ° 4 -i H gr ts 33 u -°? 2gi Z- ? ? xT S ens a`? s ?O fill, ??77 NH c ? y 5P M JLr -4 N ? N co ? w_ T N - C2 ° ?c? vgnc?cn v io a N C?6 cD a a N W • ?p ?O .Q t0 N m r W '++ tT W ro w m r w w 1 c t 115.1 ' tzN= .. . 9os 1a ?? a jig" RD sm?-•g a ???,?s na •?s•? a T $ rl „ lie Fit on UF m m jo? IFIFIR F a3 5 » C M m ? m C26 m N Ow ?w s 'A P1 Lp -q a) W ? Z so _ C, I ?T m F aA 9 'T its Ins !to CLA Oll Z p 7i !! m S .3 `O I? 76 ? mm 3 Q a $ 3 w t ?$ 8 is air SL F $ _ 53 m Nd, 3g 3 n! v co &I" 010n [• ..' ASSET APTANCE L L C P.O. Box 2036 Warren, MI 48090 ACCOUNT NUMBER CURRENT BALANCE 4266841125961779 $5127.96 STATEMENT DATE DUE DATE JAN 29 2010 DUE NICKIE M CRAMER 6961 WERTZVILLE RD APT 3 ENOLA,PA 17025-1010 ACCOUNT NUMBER DATE OF LAST PAYMENT 4266841125961779 04/28/08 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE JAN 29 2010 39920046 BALANCE DUE $5127.96 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF AALLC/CHASE 7/09 P.O. Box 2036, Warren, M148090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 04/27/07 07/28/09 $3936.13 18.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF JAN 29 2010 $1191.83 *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 39920046 1059 EDWIN A ABRAHAMSEN ?ye 2'`d3 5?101YIbfli Im aooaant nwnber: 4MM W1 ? 1779 Nwr Babnea Par wd aye Oatab Pabst Our Amsura h6nbraan Payment 83AW.13 1lr2tW IM AD t1t.006.13 Amo..rrE,wtoeee !S Irwaerb e?a?e+yWf Proomfeert?Mrrbeab CHASE O 426684112596177900206913003936130000006 uawawraaoomo 1t?111gIt 11111016 10.1111 Inl,r#rlnlrrll«rlrl. ml6lrlwl6rl?lutllnllnl 1... 11 .I..I J. i l,.. l i t «... 01.1 If. lines a 1, J 14.1,1 Po90CAr1okE ? SERVICE VNIU#WrON DE iQW4tf.7 1:5000 1,60281: 203 ii 2596 i??951r _ Dde- CHASE o_ t I?sTOrrettsa?cs O W'DWIS Teo 1.11DPifi.60Rp P?w UA ad NA A000LW S(JMM MY A=oMMurAw: onam Zpp61T19 1a01a0461Do PrwybrafiWma sattaQDp ToworeaLko Pufoftuaa Coro Debits ACCCUI#rNpIllllftlM O 9e1 "m $'w P , +=AD Avdebb Credit Fbranae Cbrpr .9at5.Os QaaA Aewaa Urla . D Wlmk" OE 19660.61D6 NOWSdamo WW.Ig As N M for Cub SD PAVUfb fACORM P.O. Salt 161SR YMkriOmrt, DE 1IIp66.ma VMff N9 AT: MaMI&MOMWA abedly. 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Fab sm addlA Ww m lm dr/ da rdr/damradar4 on d fib GOMM4NWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL - 5143 (Uu; Filed a/!o% Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. ^" MAG. D T. NO. NAME OF MDJ ADD^R SS OF APPELLANT CITY sTeTG /-X ) t c o tcc- -C,?'?e a DOCKET No. SIGN WOAPPEL NT OR ORNEY OR AGENT CV +a?-1a This block will be signed ONLY when this notation is required under Pa. appella t was Claimant (see P . R.C.P J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Ju ge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after filing the Signature of Prothonotary or Deputy of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEPENDENT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon NOTICE OF APPEAL appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 COURT FILE TO BE FILED WITH PROTHONOTARY 5 w qMb hua Gd gvib* ?s 'b ?u?? 'r 0lDZ COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CUMBERLAND :.,, . CIVIL CASE ' Mag Dist No. PLAINTIFF: NAME and ADDRESS 09-3-04, ;:::ASSET.ACCEPTANC$,LLC/ASN:CHAS$ BANK MDJ Name: Hon. 126 `. N .: - KEYSER AVE. THOMAS A. PLACEY C/O EDWIN A..,ABRARANSEN Address: 104 S .SPORTING HILL RD LSCRANTON, PA 18504 J MECHANICSBURG, PA VS. DEFENDANT: NAME and ADDRESS Telephone: (717 ) 761-8230 17050 FCRAMER, NICKIE M 6961 WERTZVILLE ROAD APT/STE 3 ENOLA, PA 17025, ASSET ACCEPTANCE,LLC/ASN:CHASE BANK L J 120 N. KEYSER AVE. Docket No.: CV-0000200-10 C/O EDWIN A. ABRAHAMSEN Date Filed: 3/24/10 = SCRANTON, PA 18504 THIS IS TO NOTIFY YOU THAT: -- w __ DEFAW,.T.:_ _? 3F..: _ 7 `0.8/,x.0 Judgment: - - --Mate-of-Jtdgnaent) Judgment was entered for: (Name) CRAMER, NICKIE N ® Judgment was entered against: (Name) ASSET ACCEPTANCE, LLC/ASN: CHASE in the amount of $ 0 Amount of Judgment $ .00 F] Defendants are jointly and severally liable. Judgment Costs $ - .00 Damages will be assessed on Date & Time Interest on Judgment ' $ .00 Attorney Fees $ .00 This case dismissed without prejudice. $ .00 Total ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post Judgment Credits $ $ Post Judgment Costs $ F Portion of Judgment for physical damages arising out of residential lease $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. '.YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL: EXCEPT AS OTHERWISE PROVIDEQ IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE Y JUD;MENT HOLDt T Tp.EMT THE JUDGMENT ItJ THE COURT QE CO IIMRN PLEAS ?1La,. UGiTHEIiPRQCE?S NIIJ$T "..".CO1GfE FROM TH ?uPLE3lS"AND°?R"P Q3'1 '"8E 1S9tiED D "`M'ME, H4lI F RtII ,BUDGE UNLESS THE'i MENT IS ENTER 'IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A, REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES; OR OTHERWISE COMPLIES WITH THE JUDGMENT. .- ! .' E. Cate ? Magis lO ;9 dge I certify that this is a true an r z) o dings cor4ta get re iii ' ?,' ? t Date , MA9. q iat0jsttric"4'Jtidt;<e Ail 2016 SEAL DATE PRINTED: 7/08/10 2:07:00 PM My commission expires first Monday of January, AOPC 315-07 COMMONWEALTH OF PENNSYLVANIA f J3' 1 / `c'c { COL'RT :)F COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of I FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 10- 514-3 L iv f w rt> NOTICE OF APPEAL ' 1 (o it Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. N E OF APPELLANT MAG. 1. NU. NAMI ur mud ? ADn? ESS OF,? PPELLANT CITY STATE ZIP CO E g G URE OF, APPEL*ANT OR ORNEY,PR AGENT (Defendant) K d vs This block will be signed ONLY when this notation is required under Pa." R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy appellant was Claimant (see 1?a. R.C.PD.J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NO7,JCE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDENT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 tall IQT 1711 c' 1010 A* 119 trte i - Qt PROOF OF SERVICE OF NOTICE O APPEAL AND RULE TO FILE COMPLAINT (This proof of service IOUSa BE FILED WITHIN FEN (101) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA' f COUNTYOF AFFIDAVIT. !hereby swear _or affirn? that I -er. ?a copy of the Nobs., (if Appea1l Common s?No?r 'upon the District Justice designated therein on (date of service) --j by er onal servic W"by (certified) (registered) mail, sender's receipt attached hereto, aria upon the appellee. (earn.) on .20 j-i by personal service,.,idby (certified) (registered) mail, sender's receipt attached hereto. i served the Rule to File a Complaint accompanying 'he above Notice of Appeal upon the appellee(s) to whom is addresse, -j by personal service -j by (certified) (registered) ntaii. <-ender: ?et;eit Ito. SWORN (AFFIRMED) AND Sli3S? iiiE BEFORE K/lE THIS JAY OF . 2 ! . 5i. re477t-, Tr'f of ofttcial NQTAP,IAL SEAL LEE PFRRICpNE Notary Public M c(WY4tld'i0W0tfVcpAb gtp?{{?q £ - - 2'? ---- My Commlasi4rt fxplces A0 2, 2014 'J3 (Domestic Mail Only; No Insurance Coverage Provio C3 4 For delivery information visit our website at wvvw.usps.con O Cf r?- Postage $ M Certified Fee Q C7 Return Receipt Fee Postmark C3 (Endorsement Required) Here C3 Restricted Delivery Fee Q (Endorsement Required) ct7 O Total Postage & Fees $ R l 61 l Sent o -IN C3 Street, Apt. No.; rr / y ?-y? (( q of PO Box Nab I L ?JT "1.Y ! _l.! / _ r~ ------------- ---------------- information C3 (Domestic Mail Only; No Insurance Coverage Provide,i For delivery . C7 El- Postage $ m Certified Fee Postmark Here C3 Return Receipt Fee O (Endorsement Required) O Restricted Delivery Fee C3 (Endorsement Required) 43 C7 Total Postage & Fees C] or PO Box No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AQQUT ACOPPTA\TCP T T (' Plaintiff vs. NICKIE M CRAMER Defendant CIVIL ACTION NO: 10-5143 FILED'-04r- rg P1, o cu Y?r?: CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on August 19, 2010 the below named District Justice received and signed for the certified mail containing the Plaintiff's Notice of Appeal of the District Justice Judgment. District Court 09-3-04 Honorable Thomas A. Placey District Justice 104 South Sporting Hill Rd. Mechanicsburg, PA 17050 Edwin A. Abrahamser ° Associates, P .C B _ U hae F. Ratchford, Attorney I.D. No.: 86: 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 v0 CA) 03 j c 2 Ng .tom 3 c 3 m c? 0 N f0 b N a 3 6 I C3 O O O 03 C3 O M 0 M W -.J ,.0 O M h-' C3 N y RLECH2FliCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. ck 0 t? Pg (; 0 , ASSET ACCEPTANCE LLC vs. NICKIE M CRAMER Plaintiff CIVIL ACTION : NO: 10-5143 Defendant CERTIFICATE OF SERVICE PEf14NSYLVANIA 1, Michael F. Ratchford, Esquire, hereby certify that on August 21, 2010 the below named Defendant received and signed for the certified mail containing the Plaintiff s Notice of Appeal of the District Justice Judgment and Complaint. NICKIE M CRAMER 6961 WERTZVILLE RD APT 3 ENOLA PA 17025-1010 Edwin A. Abrahamsen & Associates, P.C. BY.?G % ? r ich F. Ratch rd, Esquire ttorney I.D. No.: 86285 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 O G: a J c 2 N A n 3 CD s ?I 6 N M tO .m Cl 0 m a C1 0 0 C7 w ..n Q 0 0 r c? LAW OFFICES OF PETER J. RUSSO, P.C. .. r r is ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 .' c - (717) 591-1755 - PHONE (717) 591-1756 - FAX > w = -' ASSET ACCEPTANCE LLC, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff DOCKET NO. 10-5143 V. NICKIE M. CRAMER CIVIL TERM Defendant NOTICE TO PLEAD TO: ASSET ACCEPTANCE LLC c% Michael F. Ratchford, Esquire You are hereby notified to file a written a written response to the enclosed Defendant's Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, 11AW-0EI11CES-OF-PF,1ER J. RUSSO, P.C. Peter J. Russo, Esqu Attorney ID No. 72897 Elizabeth J. Saylor, Esquire Attorney ID No. 20013 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: L/ LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 - PHONE (717) 591-1756 - FAX ASSET ACCEPTANCE LLC, . Plaintiff V. NICKIE M. CRAMER . Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 10-5143 CIVIL TERM PRELIMINARY OBJECTIONS OF DEFENDANT NICKIE M. CRAMER AND NOW, COME Defendant, Nickie M. Cramer by and through her attorneys, Law Offices of Peter J. Russo, P.C., and file the within Preliminary Objections to Plaintiff's Complaint, and in support thereof, avers as follows: 1. On or about August 6, 2010, Plaintiff commenced an action against Defendant by filing a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. Plaintiff's Complaint purports to set forth a single cause of action against Defendant sounding in breach of contract. FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT and INSUFFICIENT SPECIFICITY IN A PLEADING - PA.R.C.P.1028 3. Paragraphs 1 - 2 are incorporated herein by reference as if fully set forth at length. 4. Rule 1019 (h) and Rule 1019 (i) of Pennsylvania Rules of Civil Procedure requires that when any claim or defense is based upon an agreement and if the agreement is in writing, it must be attached to the pleading. I ? 5. The allegations set forth in Plaintiff's Complaint assert that Defendant owes a sum specific of money to the Plaintiff, specifically $5,411.72. 6. Plaintiff does not attach "a true and correct copy of the total due and owing." 7. Plaintiff fails to attach the contract between the parties and is therefore in violation of the Rules of Civil Procedure. 8. In a credit card suit, a creditor must "attach the writings which assertedly establish [the creditor's] right to a judgment." Atlantic Credit and Finance Inc. v. Giuliani, 2003 PA Super 259, 829 A.2d 340, 345 (2003). 9. The Plaintiff has failed to "attach the writings which assertedly establish [the creditor's] right to a judgment." 10. Rule 1019 of the Pennsylvania Rules of Civil Procedure requires that a plaintiff shall (1) set forth the material facts upon which a cause of action is based and (2) attach the writings when a claim is based on a writing. 11. Whenever a claim involves one period of time in which the initial terms and conditions of the credit card agreement apply and other periods of time in which amended terms and conditions apply, the plaintiff must attach to the complaint both the original and amended terms and conditions with the dates on which they are applicable. Worldwide Asset Purchasing, LLC v. Stern, 153 P.L.J. 111 (2004). 12. A complaint in which a plaintiff seeks recovery of a specific amount of money that is allegedly due must include documentation or allegations supporting recovery of this amount sufficient documentation to permit a defendant to calculate the total amount of damages that are allegedly due by reading the documents attached to the complaint and the allegations in the complaint. Worldwide Asset Purchasing, LLC v. Stern, 153 P.L.J. 111 (2004). 13. Plaintiffs Complaint is insufficiently specific because it does not meet the requirements of Pa. R.C.P. 1019(a) and (f). 14. Plaintiff avers that Defendants owes $3,936.13 for charges made under a credit agreement with a credit card yet does not attach anything showing such information. 15. Pa.R.C.P. 1019(f) states that "[a]verments of time, place and items of special damage shall be specifically stated." 16. Plaintiff has failed to comply with Pa.R.C.P. 1019(f). 17. Defendants believe therefore aver that the obligation Plaintiff seeks to collection has been assigned from the original creditor and Plaintiff has not attached an a true and correct copy of said assignment. 18. Plaintiff failed to state specifically whether said alleged assignment was oral or written, in violation of Pennsylvania Rule of Civil Procedure 1019(h). 19. Plaintiff failed to attach the alleged assignment as to the Defendant's account to the complaint, in violation of Pennsylvania Rule of Civil Procedure 1019(1). 20. Demurrer is appropriate because Plaintiff is not a real party in interest in this matter, it lacks capacity to sue, pursuant to Pennsylvania Rule of Civil Procedure 2002(a), which requires that all actions shall be prosecuted by and in the name of the real party in interest. 21. The complaint alleged that Defendant received, accepted, and used an account to the benefit and the account is in default and has an unpaid balance of $5,411.72; however, the complaint failed to state any claim upon which relief can be granted. WHEREFORE, Defendants respectfully request that this Honorable Court SUSTAIN the Preliminary Objection and strike Plaintiff's Complaint. Respectfully submitted, so J. RUSSO, P.C. P eter . , Attorney ID No. 72897 Elizabeth J. Saylor, Esquire Attorney ID No. 20013 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: ???,C((((? i. 0 LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 - PHONE (717) 591-1756 - FAX ASSET ACCEPTANCE LLC, Plaintiff V. , NICKIE M. CRAMER Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 10-5143 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of Defendant's Preliminary Objections to Plaintiff's Complaint upon the following persons, in the manner indicated: FIRST CLASS MAIL Edwin A. Abrahamsen & Associates Michael F. Ratchford, Esquire 120 North Keyser Avenue Scranton, PA 18504 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: Ashley R. M colm, Paralegal Date: `, 0,(-I i 10 IN 1'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Asset Acceptance, LLC, CIVIL ACTION Plaintiff vs. t~ ~ ^' ~ `~ ~~ ~~ ~~ o ~ ~ NO: 10-5143 .~ , ~ ' ~ ~' NICKIE M. CRAMER, ~' '~ ~ L ._ A ~. ' ''C C7 t,0 ? ~ , ."t 4 Defendant ~ ~ ~ ~ . c:a- :~. v v~ -.,i PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECT~ON'S~ ~' Plaintiff, Asset Acceptance, LLC, by and through its attorneys, Edwin A. Abrahamsen & Associates, responds to Defendant's Preliminary Objections as follows: 1.- 5. Denied. The allegations of Defendant's Preliminary Objections are conclusions of law, which are deemed denied. To the extent a further response is deemed necessary, Plaintiff denies that its Complaint fails to satisfy the Pennsylvania Rules of Civil Procedure in any manner, and particularly not as alleged by the Defendant. To the contrary, Plaintiff set forth with particularity the allegations against the Defendant and attached the cardmember agreement which is the writing that governs the parties' agreement. Additionally, Plaintiff denies that the Complaint is deficient in any manner, and particularly not as alleged by Defendant. To the contrary, Plaintiff set forth with particularity the amount owed, the date the account became delinquent and Plaintiffs right to collect the debt and attached the cardmember agreement which is the writing under Pa.RC.P. 1019(1) that governs the parties' agreement. Such allegations satisfy the Plaintiff's pleading burden. See Opinions of.' The Honorable Terrance Nealon in Commvnn~ealth Financial Systems, Inc. v. Michelle Barnard, Lacka~~anna County C.C.P. Civil Action, attached hereto as Exhibit "A "; The Honorable Hiram Carpenter in American Express v. Josephine Peon, Blair County C.C.P. Civil Action attached her°eto as Exhibit "B "; and The Honorable David C. Klementik in Commonwealth Financial Systems, Inc. v. Jenni er L. Ree~in~ Somerset County C.C.P. Civil Action, attached hereto as Exhibit "C ". WHEREFORE, Plaintiff respectfully requests this Honorable Court to deny the Defendant's Preliminary Objections and award counsel fees and such other relief this Court deems just and equitable. Respectfully submitted, BY: Edwin A. Abra amsen & Asso Kevin J. Cummings, Esquire Attorney I.D. Nos.: 86285/209660 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 ~ 1 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Asset Acceptance, LLC, vs. NICKIE M. CRAMER, Plaintiff Defendant CIVIL ACTION NO: 10-5143 CERTIFICATE OF SERVICE I, Kevin J. Cummings, Esquire, hereby certify that I caused a true and correct copy of the Plaintiff s Response to Defendant's Preliminary Objections and Memorandum in Support thereof was served via first class United States Mail, postage prepaid on the date set forth below upon the following: Peter J. Russo, Esquire 5006 E. Trindle Road, ste. 100 Mechanicsburg PA 17050 Date: / ~~ ~a B ~_-- Edwin A. Abrahamsen & Associates, P.C. Kevin J. Cummings, Esquire Attorney I.D. Nos.: 86285/209660 120 N Keyser Avenue Scranton, PA 18504 (S70) SS8-5510 DavidD. Buell" Prothonotary Office of the prothonotary Cum6er[and County, Pennsylvania Sofionage, FSQ SoCicitor /o -S711,3 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 ® CarCisCe, PA 0 Phone 717 240-6195 0 'Ta.x717 240-6573