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HomeMy WebLinkAbout10-5977 2087059 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 CC ? .7 <c' ASSET ACCEPTANCE LLC ASSIGNEE OF CHASE BANK 28405 Van Dyke Ave Warren MI 48093 VS. PENNY L HOLLINGER 55 FICKES RD NEWVILLE PA 17241 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. ID - S??I "lUt'L v l 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 s cx? ??yy r 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 30, 2010 in the amount of $3,456.54. 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 11/5/2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,456.54 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W NBE , ESQUIRE JOEL M. FLIN ES IRE Attorney for P ntiff P01A.DB VERIFICATION I hereby state that I air the agent for the plaintiff herein:. and that the facts set forth in the anaci.ed A??idavit which is iricorporatec1 vy reference in the foregoing Complaint iL Civll Action ' ?i u O ?n r , 1 ;,,uo;ir,a.tir,n and belief and is tacE.l tnF best vl 1L 1' R i?o v1?iu9G- v E ii`uF uE Co1TeC f o ,,;;,t- ch plaintiff has tllri shed to counsel. The. language in t- e Complaint is that cf counsel and not of plaintiff. To the exient that the contEnts of the Complaint ai-e that of Cor?nse.l, ?ij5iLi11? has re?eo llpoli CC?L1Se1 S t?lal(lrlg tjlls i'erillCaL1C'?. T1?15',lerificaio_ri 1Srade• SLb1e.Ct 8 pa.C.S. §4904 which provides for certain penalties for lnalcslg false statements. Tame N CHI STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs PENNY L HOLLINGER Defendant, 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 $3350.92 representing the charged off amount and interest. That the said account originally with /Chase Bank/HERITAGE CHASE, account number 4305879910020438, 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 y of April, 2010. r- sset 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. Public rot- Notary PubNc - Wchlflan Mtocomb Coun*f My Commission t;?ires jW 13, 2013 M to Gotaft,, of 40420103 1064 GORDON & WEINBERG 0 0 4 0 4 2 0 1 0 3 ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 PENNY L HOLLINGER 55 FICKES RD NEWVILLE,PA 17241 ACCOUNT NUMBER CURRENT BALANCE 4305879910020438 $3350.92 STATEMENT DATE DUE DATE APR 14 2010 DUE ACCOUNT NUMBER DATE OF LAST PAYMENT 4305879910020438 11/05/06 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE APR 14 2010 40420103 BALANCE DUE $3350.92 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 08/07/07 11/03/09 $2433.90 18.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF APR 14 2010 $917.02 *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 40420103 1064 GORDON & WEINBERG SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~~,~t4~ ~~ u+nT~rr~~~~ ~ i~.E~-~'~ ~C~ Q~ TN~ ~~' J ~~J~POT,~~~il` 2Dl0 ~?C3~ -6 F-~~ 2~ 27 Richard W Stewart Solicitor C~.l~°~~?Ef~~.~t~ C4U1~T`~ r'G ~~P~S'~'I ~'~~~4~'~, Asset Acceptance LLC vs. Case Number Penny L. Hollinger 2010-5977 SHERIFF'S RETURN OF SERVICE 10/05/2010 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: Penny L. Hollinger, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Penny L. Hollinger. Request for service at 55 Fickes Road, Newville, PA 17241 is vacant. The Newville Postmaster advised Penny L. Hollinger's new address is 44 Limekiln Road, Carlisle, PA 17015, but as of September 28, 2010 new tenants are at this residence. The Carlisle Postmaster concluded, Penny L. Hollinger has moved and left no forwarding address. SHERIFF COST: $49.20 October 05, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (cj GountySuite Shenff, Teleosoft, Inr.. • 2087059 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF 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 ASSET ACCEPTANCE LLC ASSIGNEE OF CHASE BANK 28405 Van Dyke Ave Warren MI 48093 vs. PENNY L HOLLINGER 55 FICKES RD NEWVILLE PA 17241 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO . jC~ ^S`4'l~' t. l U t1,,~ v'~ _ l 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 '~ C4PY i~iti~M }REGCaRD In Test-~~wt~tc tx~DSSt+.hY hand and Thb~ of 1 - ~ $0 . _ ~; 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 30, 2010 in the amount of $3,456.54. 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. Z e 7. Defendant's last payment on account was made on 11/5/2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,456.54 plus applicable costs, interest and attorney's fees. CORDON & WEINBERG, P.C. BY: FREDERIC I. W NBE ESQUIRE JOEL M. FLIN ES IRE Attorney for P ntiff POlA. DB ~~RII~ I CATI QN I hereby state that I airl tl_,e agent fol- the plaintiff herein, a?za that the facts set forth ~-~ the a17ac.be.c Afrldavit which is iricnl-perated vy reference ~ the foregoing CC?mplaint 77.1 C7viI Action ~ 1 -l c.~ c inTQ7 :.T7 ~ ~ i C 'fi d) t tiilc. cu;C Cv77-eCt tC tbE C'G1l Gf iii j- ni~v u~~..` 2t.nn „rG belief 2nd lS I;a e llp0_ €,.,, ~. ;;;`~;;;s,or ,;,1-~ch plaintiff bas fiu~lshed to counsel. TI,e IaLguage in the Complaint is that of counsel and not of plaintiff. To the extent that the contents o_f the Complaint al-e that of coimse.l, pi~lntili has rgl eCt t1pCn CCLI?Sel 71? IT7214]]"7~ 11175 Pfeil Cai7C~n. 1~7.`'i `JE17f7Cai7G7-1 7S 171~~F_. Sllbl?.r•t t~~ ] S Pa.C.S. §4904 -~~lhich provides for certain pena]ties for lna]ting false statements. ~ -...~...... Name .r4~J ~j~~~;; I~%.~('~~;I~i~r~ ~~~x ~ EXHIBIT "A" STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs PENNY L HOLLINGER Defendant, I, :i '.4 ) 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 $3350.92 representing the charged off amount and interest. That the said account originally with /Chase Bank/HERITAGE CHASE, account number 4305879910020438, 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 y of April, 2010. r sset 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. otary Public 40420103 1064 GORDON & WEINBERG M6i~'Jt~te~! C Notcsry °~abHe - Mlchlgan liF~COST~ ~OUiet%{ iJlY Can~mlasl~r E~~iras JtiF / 3, 201 Rcting En 1'ttgr Cw.tttl~{. Of _ IIIIN~MIaWI~I11111II1NN~ A,_gt A:~sC.Un.~y ~. ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 PENNY L HOLLINGER 55 FICKES RD NEWVILLE,PA 17241 ACCOUNT NUMBER CURRENT BALANCE 4305879910020438 $3350.92 STATEMENT DATE DUE DATE APR 14 2010 DUE ACCOUNT NUMBER DATE OF LAST PAYMENT 4305879910020438 11/05/06 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE APR 14 2010 40420103 BALANCE DUE $3350.92 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 08/07/07 11 /03/09 $2433.90 18.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF APR 14 2010 $917.02 *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 40420]03 1064 GORDON & WEINBERG David -D. Buell - Prothonotary Office of the (Prothonotary Cum6er[and County, (Pennsylvania Kirks. Sohonage, ESQ Solicitor /6-5917 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 ® CarCzsCe, TA ® Phone 717 240-6195 0 Fax 71 7 240-6573