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
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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
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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.
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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
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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