HomeMy WebLinkAbout10-7385
2092544
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
28405- VAN DYKE AVE
Warren MI 48093
vs.
DONALD STACHE
501 GLENN ST
SHIPPENSBURG PA 17257
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
~
o ~
~
o ~"~
-n
r
DOCKET NO . : I ~ -~3 p'S u's w C-
..~ ~
~,- a
-Wtcs
~°
z = o n
ca
~
A
o
~~
~ .s- ~:,
:~
~ ~
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
P~
~~q,~ a~
~# ~`~Iq
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 27, 2010
in the amount of $1,381.84.
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 12/17/07.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$1,381.84 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDER I. EINBERG, ESQUIRE
JOEL M F K, ESQUIRE
Attorney for Plaintiff
POlA.DB
VERIFICATION
I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the
attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action
are true and correct to the best of my knowledge, information and belief and is based upon
information wluch 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 making false statements.
r'
Nom' ~Udy Melas~
i
~~~~~
/~
EXHIBIT "A"
STATE OF MICHIGAN )
COUNTY OF MACOMB ~ ss
ASSET ACCEPTANCE, LLC
Plaintiff,
vs
DONALDSTACHE
Defendant, ]UDY MElASI
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 $1354.55 representing the charged off
amount and interest.
That the said account originally with CIRCUIT CITY/CHASE/Circuit City /Chase, account number
1820000016526150, 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 03rd day of August, 2010.
Asst cceptanc Representative
Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 03rd of August, 2010 as
certified by my hand as set forth immediately below.
Notary Public
MAC1Rirf:N G~IA'~
Ntstdt'/ pubilc - Michigan
Macomb bounty
N{y Commtsslon Expires Jul 13.2013
Acting in ih~ Cos~niy of
41429732
1064 GORDON & WEINBERG
0 0 4 1 4 2 9 7 3 2
A~{ft Accf OfOnef r.~
ASSET ACCEPTANCE LLC
P.O. Box 2036
Warren, MI 48090
DONALDSTACHE
501 GLENN ST
SHIPPENSBURG,PA 17257
ACCOUNT NUMBER CURRENT BALANCE
1820000016526150 $1354.55
STATEMENT DATE DUE DATE
AUG 03 2010 DUE
ACCOUNT NUMBER
1820000016526150
DATE OF LAST PAYMENT
12/17/07
DAT
E REFERENCE NO ACCOUNT INFORMATION BALANCE DUE
AUG 03 201
0 4
. 1429732 BALANCE DUE
ASSET ACCEPTANCE LLC, A LIIvIITED
LIABILITY COMPANY ORGANIZED AND $1354.55
EXISTING UNDER THE LAWS OF THE
STATE OF DELAWARE, ASSIGNEE OF
AALLC/CIRCUIT CITY
P.O. Box 2036, Warren, MI 48090
DATE OF DELINQUENCY PURCHASED ON CHARGE OFF AMOUNT* INTEREST RATE
01/21/08 04/19/10 $1006.21 18.00%
SERVICE ADDRESS (IF APPLICABLE) INTEREST DUE AS OF
AUG 03 2010
$348.34
*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
\~ 41429732
~J 1064 GORDON & WEINBERG
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ?? ?.}???-PROTHONOTARY
Sheriff
Jody S Smith 1?Q DEC _g PM 3: 4 8
Chief Deputy
Richard W Stewart CUMBERLAND COUNT
Solicitor PENNSYLVANIA
Asset Acceptance LLC I Case Number
vs. 2010-7385
Donald Stache
SHERIFF'S RETURN OF SERVICE
12/02/2010 11:57 AM - William Cline, Corporal, who being duly sworn according to law, states that on December 2,
2010, at 1157 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Donald Stache, by making known unto himself personally, at 501 Glenn Street,
Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the s e time handing to him
personally the said true and correct copy of the same.
L IAM CLINE, DEPUTY
SHERIFF COST: $46.00
December 03, 2010
SO ANSWERS,
RON W R ANDERSON, SHERIFF
{
Davi4 . Buell
Prothonotary
Office of the Prothonotary
Cum 6erlTancf County, Tennsyfvania
7(yrkS. Solionage, ESQ,
Solicitor
/0 - 73 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 • Carlisle, PA • Phone 717 240-6195 • Ta.x.717 240-6573