HomeMy WebLinkAbout10-58432084895
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
ASSET ACCEPTANCE LLC ASSIGNEE
OF CITIBANK (SOUTH DAKOTA)
28405 VAN DYKE AVE
Warren MI 48093
Vs.
PHIL J SHELLEM
12 PINEY CT
GARDNERS PA 17324
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 10 :Sg43
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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 wa-
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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
merchandise 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 6/28/10
in the amount of $1,456.02.
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
12/19/07.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$1,456.02 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. EINB RG, ESQUIRE
JOEL M. FLI K, E QUIRE
Attorney fo aintiff
P01A.DB
VERIFICATION
I hereby state that I am the agent for the plaintiff herei 3, and that the facts set forth in the
attached Affidavit which is incorporated by reference in the foregoing Complaint ll7 Civil Action
are true and con-ect to the. best of my Icnowledge, irnfornnalion and belief and is based upon
ilifoMation V,dvch 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 c.o,msel.
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 1nal6I)g false statements.
-Name
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STATE OF MICHIGAN )
ss
COUNTY OF MACOMB )
ASSET ACCEPTANCE, LLC
Plaintiff,
vs
PHIL J SHELLEM
Defendant,
AFFIDAVIT
I, Deanna Jason 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 $1381.28 representing the charged off
amount and interest.
That the said account originally with CITIBANK/, account number 4128003597193088, 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 b ore 9fie, a Notary Public for the State of Michigan, the 02nd of April, 2010 as certified
by my hand as set forth imme 'ately below.
Notary Public
GERALD BAKER
Notary Public - Michigan
Macomb County
My Commission Expires Nov 26, 2015
Acting in the County of naACWB
40216538
1064 GORDON & WEINBERG
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ASSET ACCEPTANCE LLC
P.O. Box 2036
Warren, MI 48090
ACCOUNT NUMBER CURRENT BALANCE
4128003597193088 $1381.28
STATEMENT DATE DUE DATE
APR 02 2010 DUE
PHIL J SHELLEM
12 PINEY CT
GARDNERS,PA 17324
ACCOUNT NUMBER DATE OF LAST PAYMENT
4128003597193088 12/19/07
DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE
APR 02 2010 40216538 BALANCE DUE $1381.28
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
DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE
01/30/08 09/11/09 $997.08 24.00%
SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF APR 02 2010
$ 384.20
*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
40216538
1064 GORDON & WEINBERG
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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Asset Acceptance LLC
vs. Case Number
Phil J. Shellem 2010-5843
SHERIFF'S RETURN OF SERVICE
09/23/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Phil J. Shellem, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Phil J.
Shellem. Deputies were advised Phil J. Shellem does not have a permanent living residence although his
mail is delivered to 12 Piney Court, Gardners, PA 17324.
SHERIFF COST: $42.90 SO ANSWERS,
September 23, 2010 RON R ANDERSON, SHERIFF
!07 GounfySuite Sherd. Teieos--ft, irc.
David D. Bug"
Prothonotary
Office of the Prothonotary
Cum6er[ancfCounty, (Pennsylvania
16 -S a 3
ORDER OF TERMINATION OF COURT CASES
2�yrkS. Sofionage, Egg,
Solicitor
CIVIL TERM
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 ® Suite100 S CarCzsLe, FA ®Phone 717 240-6195 ® 'Fax 717 240-6573