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HomeMy WebLinkAbout10-58412084862 THIS 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 ASSESSMENT OF C ri C3 's. m cn Z r. ASSET ACCEPTANCE LLC ASSIGNEE OF CAPITAL ONE BANK,NA 28405 VAN DYKE AVE Warren MI 48093 Vs. DAVID R JOHNSTON 2903B DICKINSON AVE CAMP HILL PA 17011-5227 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. ID uC's6wl 0'Tszen 1? L•?411YOU 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 00 rg-7. 06 ?? ?kj U441 /;2 C?.g sC) J'c RA cz 119 167 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)tae 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 June 28, 2010 in the amount of $1,209.52. 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 12/1/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,209.52 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I WE 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 wtuich is incorporated by reference in the foregoing Complaint in Civil Aclion are true and con•ect 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 cotmsel, 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 malting false statements. Name Deann6ja %;-** . STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs DAVID R JOHNSTON Defendant, Deanna Jason I, 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 $1157.46 representing the charged off amount and interest. That the said account originally with CAPITAL ONE BANK, NA/, account number 4862362306576631, 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. this 02nd day of April, 2010. Acceptance Subscribed and sworn to before m q, a Notary Public for the State of Michigan, the 02nd of April, 2010 as certified by my hand as set forth imme y below. ? -.9do 't a ? C?) - " J-?' Notary Public GERALD BAKER d6 116-A - Notary Public - Michigan Macomb County My Commission Expires Nov 26, 2015 Acting in the County of --14AJ:QMB 39869786 1064 GORDON & WEINBERG 1111111 0 0 3 9 8 6 9 7 8 6 ,r, ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 DAVID R JOHNSTON 2903B DICKINSON AVE CAMP HILL,PA 17011-5227 ACCOUNT NUMBER CURRENT BALANCE 4862362306576631 $1157.46 STATEMENT DATE DUE DATE APR 02 2010 DUE ACCOUNT NUMBER DATE OF LAST PAYMENT 4862362306576631 12/01/06 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE APR 02 2010 39869786 BALANCE DUE $1157.46 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 01/11/07 07/27/09 $694.51 24.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF APR 02 2010 $462.95 *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 39869786 l 1064 GORDON & WEINBERG 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~oy~~r'tp of ~u+abr~~~ry~ CyFFi~E t3F'"~ SrERIFF FlLEp-O~FICE ~~~EPROTNON~TA~Y 296(1 OCT 15 P~1 ti2~ ~`~ ~1~MgERLA~~~J C~Uh~T1' ~ F~,1i'!.. y'~~'`~; A Asset Acceptance LLC Case Number vs. 2010-5841 David R. Johnston SHERIFF'S RETURN OF SERVICE 10/12/2010 05:50 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2010 at 1750 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David R. Johnston, by making known unto Miranda Johnston, Wife of defendant at 501 W. Simpson Street, Mechanicsburg, Cumberland Cou ty, Pennsylvania 17055 its contents and at the same time handing to her personally the said tr correct copy of he same. AMAN A COBAUGH, DEPUTY SHERIFF COST: $50.50 October 13, 2010 (ci CountySuite Sheriff, i~eleosoft. Inc. SO ANSWERS, C,"'' ,. RON R ANDERSON, SHERIFF 2084852 ONS 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 C') C ? rn CO C-) ?r- Ca , -Z" c7 ? . v c. 7 ASSET ACCEPTANCE LLC ASSIGNEE OF CAPITAL ONE BANK,NA VS. DAVID R JOHNSTON a? © `?? COURT OF COMMON PLEAfscc?i OD DQ CUMBERLAND COUNTY , DOCKET NO. : 10-5841 PRAECIPE FOR ENTRY OF JUDGMENT FOR PANT OF AN ANSIPER, 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 $1,209.52 Less: Payments on Account ( $.00) Total: $1,209.52 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, DAVID R JOHNSTON, 2903B DICKINSON AVE, CAMP HILL PA 17011-5227. 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. 3. The said defendant(s) is (are) service of the United States or otherwise the Soldiers and Sailors Civil Relief Act years of age. not in the military within the coverage of ? and is (are) over 18. C` o (e P F AND NOW, this I? day of ?UI k _ , 2010 Judgment ?s entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessec?jat the sum of $1,209.52 as per the above cer icio1T\ n // Prothono-t-alry GORDON & WEI/N$ERG, P. BY: FREDERIC I. WE BERG, ESQUIRE JOEL M. F IN , ESQUIRE Attorney for Plaintiff 2084862 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DAVID R JOHNSTON 2903B DICKINSON AVE CAMP HILL PA 17011-5227 DOCKET NO. : 10-5841 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. Judgment by Default $1,209.52 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, E,%QUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 PROTH 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 2084862 ASSET ACCEPTANCE LLC ASSIGNEE OF CAPITAL ONE BANK,NA VS. DAVID R JOHNSTON TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-5841 NOTICE OF INTENTION TO TAKE DEFAULT DAVID R JOHNSTON 2903B DICKINSON AVE CAMP HILL PA 17011-5227 DATE OF NOTICE/FECHA DEL AVISO: November 2, 2010 MtMRTANT 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- FREDERII. EINBERG, ESQUIRE JOEL M? FLINK, ESQUIRE P10D-2