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HomeMy WebLinkAbout10-5972 2087074 C-) C: c? THIS IS AN ARBITRATION MATTER. ASSES ,, N TgF :-?:n DAMAGES HEARING REQUIRED. .- rn GORDON & WEINBERG, P.C. v7 : Q BY: FREDERIC I. WEINBERG, ESQUIRE ?- -? Identification No.: 41360 JOEL M. FLINK, ESQUIRE N j Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 ASSET ACCEPTANCE LLC ASSIGNEE OF CHASE BANK 28405 Van Dyke Ave Warren MI 48093 VS. GREGORY J MYERS 40 STRAYER DR CARLISLE PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : l() --'W? C.,,u ?Tukel 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 C .5, JSI 7'9a .oc>7i cL ?? CK-W i? ??s3sr 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 June 29, 2010 in the amount of $2,672.48. 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 7/15/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,672.48 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC WEI BERG, ESQUIRE JOEL M. (LINK, SQUIRE Attorney, laintiff P01A.DB VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attac.lied Af?idavit which is incol-porated by 1-CferCncC LI the foregOirg Complaint in Civil Action i >lan,., e ;nfnl .n in -n aT-! belief and is based UPOn Coll--C-1 in f1C!est L?'l L'y IUJ V'J-- az____ i l C tl 1c a! ll i- ;C r ?; 11;C11 plalIltlfr ?1as fllllLshed to counsel. i IlF_. 1 je7lage in t-,c CO 11p121?1t 15 that Oi coLnse.l and not of plaintiff. TO the extent that the contents of the Complaint al_e that of cOtt>,sel, ?iJc7i1tij1 has le?iEC up- COLllse? 1_P IIIaICl lgtj7 L" Nle7117CaLic'n ThIs \!ei"1flCai cli 1C taf?e sU.r 1 Q, Pa.C.S. §4904 which provides for certain penalties for malting false statements Name EXHIBIT "A" STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs GREGORY J MYERS Defendant, 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 $2591.71 representing the charged off amount and interest. That the said account originally with /Chase Bank/HERITAGE FIRST USA, account number 4444001017211859, 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 14th day of April, Asset Acceptance Representative Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 14th of April, 2010 as certified by my hand as set forth immediately below. Notary Public . .rte...<?, h ?ia- Y ;nel 40421870 1064 GORDON & WEINBERG 1111 0 0 4 0 4 2 1 8 7 0 ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 GREGORY J MYERS 40 STRAYER DR CARLISLEXA 17013 ACCOUNT NUMBER CURRENT BALANCE 4444001017211859 $2591.71 STATEMENT DATE DUE DATE APR 14 2010 DUE ACCOUNT NUMBER DATE OF LAST PAYMENT 4444001017211859 07/15/07 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE APR 14 2010 40421870 BALANCE DUE $2591.71 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF AALLC/CHASE 10/09 P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 08/20/07 11/03/09 $1882.47 18.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF APR 14 2010 $709.24 *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 44?1 40421870 1064 GORDON & WEINBERG SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~4attr of ~umGrr~~y~ Jody S Smith ~, ,~ Chief Deputy ~' ' ' Richard W Stewart ~ ~~ ~ ~' Solicitor crr,~s `" ' ` ~ `k ~~'~r Asset Acceptance LLC vs. Gregory J. Myers Case Number 2010-5972 SHERIFF'S RETURN OF SERVICE 09/27/2010 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: Gregory J. Myers, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Gregory J. Myers. Current resident of 40 Strayer Drive, Carlisle, PA 17013 is the defendant's mother. She has advised Deputies, Gregory J. Myers currently resides in Florida. SHERIFF COST: $38.40 September 27, 2010 SO ANSWERS, .., E~C^.~~rr~-- RON R ANDERSON, SHERIFF _:-~ r,, 'w:~ `~~ .~~ c~ :-i f ~ F ~ 1..7 r~ p~ q 1 .. ~ y .. ~~ ~ ~S ~~ .^t,"l ~ ~ ~ ~ ~, -~-.e r..~ 9... -~-~ _.. ~, ~ `~ f.cj CountySuite Sheriff. Teleasoff. lnc. Davila). Bueli Prothonotary Office of the Prothonotary Cum6er[andfCounty, Pennsylvania rkS. Sofionage, ESQ Solicitor 972.. 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 ® CarC2sCe, TA 0 (Phone 717 240-6195 0 rFa.x 71 7 240-6573