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