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