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HomeMy WebLinkAbout10-63982092115 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. ERIC R HARRIS 6354 CONCORD RD MECHANICSBURG PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : /0 - (.Y c? 9 D ;.' r 11 ? Jr} CD > c--) h.J Co c? -1 CD "!J ?o ct --a ® f'+ i 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 &;" do O 03*1 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 August 18, 2010 in the amount of $6,971.76. 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 5/19/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $6,971.76 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I WEI BERG, ESQUIRE JOEL M. F 11.1- NK ESQUIRE Attorney f Plaintiff P01A.DB VERIFICATION 1 hereby state that 1 ain the agent for the plaintiff hereh3, and that the facts set forth in the attached Affidavit w1lich is incorporated by reference in the foregoing Complaint in Civil Action are true and con-ect to the. best of my knowledge, information and belief and is based upon information -w1liclh 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 counsel, 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 inalcing false statements. PJIV_O?-- Naive f' DeannaJoson it EXHIBIT "A" STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE, LLC Plaintiff, vs ERIC R HARRIS Defendant, I, leanna 7ason 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 $6856.22 representing the charged off amount and interest. That the said account originally with CHASE BANK/HERITAGE FIRST USA /CHASE, account number 4266841078682984, 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. 03rd day of August, 2010. ve scribed and sworn to fo me, a Notary Public for the State of Michigan, the 03rd of August, 2010 as ?scribed by-my hand as sett immediately below. L IM WES: t':;-. ne Cot.; y ?A C ?mirli ' nor, -Expire: ` ? 2, 2J12 iv + ng in the County c; oCOh113 41404446 0 0 4 1 4 0 4 4 4 6 ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 ACCOUNT NUMBER CURRENT BALANCE 4266841078682984 $6856.22 STATEMENT DATE DUE DATE AUG 03 2010 DUE ERIC R HARRIS 6354 CONCORD RD MECHANICSBURG,PA 17050 ACCOUNT NUMBER DATE OF LAST PAYMENT 4266841078682984 05/19/08 DATE REFERENCE NO ACCOUNT INFORMATION BALANCE DUE AUG 03 2010 41404446 BALANCE DUE $6856.22 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF AALLC/CHASE 03/10 P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE 01/27/08 04/15/10 $5093.04 18.00% SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF AUG 03 2010 $1763.18 *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 41404446 1064 GORDON & WEINBERG SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith 0101t, at Chief Deputy' Richard W Stewart Solicitor OFFICE ? P 1 HE ? kErAFF Asset Acceptance LLC vs. Eric R. Harris Case Number 2010-6398 SHERIFF'S RETURN OF SERVICE 11/02/2010 05:38 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2010 at 1738 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Eric R. Harris, by making known unto himself personally, at 1109 Gunstock Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the sa e. , )b AM DA 13AUGH, EPUTY SHERIFF COST: $46.44 November 05, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF t pw? tSt r® 773 r-T-' .. Co .,...{ y ,cj CountySuite Sheriff. I eleosoft. Inc. THE FILED-OFFICE 2010 DEC -9 AM 11:08 GORDON & WEINBERG, P.C. CUMBERLAND COUNTY BY: FREDERIC I. WEINBERG, EARNOWLVANIA Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2092115 ASSET ACCEPTANCE, LLC ASSIGNEE OF CHASE BANK VS. ERIC R HARRIS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-6398 SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this 03Dec10, it is suggested of record that Defendant, ERIC R HARRIS, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about December 2, 2010, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 10-09739. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: X-7<- FREDERIC I. EI BERG, ESQUIRE JOEL M. FLI K, SQUIRE Attorney for laintiff David OD. Buell' Prothonotary Office of the Prothonotary Cum6erfancf County, Pennsylvania xirkS. Sohonage, ESQ Solicitor J 13 96 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 • Suite100 • CarCrsCe, TA • Phone 717 240-6195 • rFax 717 240-6573