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HomeMy WebLinkAbout11-57082083594 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 ASSET ACCEPTANCE, LLC ASSIGNEE COURT OF COMMON PLEAS OF WORLD FINANCIAL NETWORK CUMBERLAND COUNTY NATIONAL BANK 28405 Van Dyke Avenue Warren, MI 48093 VS. DOCKET NO. :I - 7b o Cio I AMANDA J SALTZBURG 19 WHEATFIELD DRIVE CARLISLE PA 17015 NOTICE n rn? m ?::o ..Ca r- ? .{ O A C-) =C:) Y ? --3 N co rv 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:? -n aC -r? rnr -urn 7:0t:2 C7 --! Q =r--n S Qcv?? %q a.6 pd a tk-* 1s;)$y-? ?4,?jlj 9 Oy 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 July 14, 2011 in the amount of $1,142.19. 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 7/19/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,142.19 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I WEINBE ESQUIRE JOEL M. FL UIRE Attorney for Plaintiff P01A.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 ii-Jonnation which 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. A,,?E- Nam ` judy Melasi EXHIBIT "A" ?6-k35-9?/ STATE OF MICHIGAN ) } COUNTY OF MACOMB } ASSET ACCEPTANCE, LLC Plaintiff, YS AMANDA J SALTZBURG Defendant, I, JUDY MELASI ss } AFFIDAVIT } M_ 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 $1029.69 representing the charged off amount and interest. That the said account originally with NICTOR1AS SECRET / World Financial Network Nati, account number 000000000261363910, has been purchased by ASSET ACCEPTANCE, I.LC, who now owns said account and has all rights connected therewith including the right to institute this action. Dated this 24th day of March, 2010. 1 r Asset cceptanc Representative 1) Subscribed ar,&sworn to before me a Notary Public for the State of Michigan, the 24th of March, 2010 as certified by y and as set fo ipffgrely below. NWary,fliblic/ ' L M V,,E6( i ;yetory Fi3t;llc - Mirl,19an Mr C?rnrrlss:on txn;. s Sep 2, 21112 ern :Fie ter, tr,n v! !9Q4I-M Nil 39504582 1 064 GORDON & WEINBERG 1111111111 0 0 3 9 5 0 4 5 8 2 ASSET ACCEPTANCE LLC P.O. Box 2036 Warren, MI 48090 AMANDA) SALTZBURG 201 VALLEY ST APT 4 MARYSVILLE,PA 170.43 _ ACCOUNT NUMBER CCJRRF.NT BALANCE 000000000261363910 $1029.69 STATEMENT DATE. MAR 24 2010 ACCOUNT NUMBER 000000000261363910 DUE DATE DUE, DATE OF LAST PAYMENT 07/19/07 DATE REFERENCE NO ACCOUNT INFORMATION T BALANCE DUE MAR 24 2010 39504582 AALANCE DUE $1029.69 ASSET ACCEPTANCE LLC, A LIMITED I.IAJ3II.rrY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, ASSIGNEE OF AA1..I,C/WORLD FIN NA P.O. Box 2036, Warren, MI 48090 DATE OF DELINQUENCY PTTRCHASED ON CHARGE. OF AMOUNT* JNTF.REST RATE 03/06/07 05112/09 829.50 10.00% SERVICE ADDRESS (TF APPLICABLE) INTEREST DUE AS OF MAR 24 2010 $200.19 *For purposes of this Statement only, Charge Off Amount reflects credits for payrnunts received by Asset, if any. **. Not previously sent to consumer. THIS COMMUNICATION IS FROM A DEBT COLLECTOR 395,04582 1064 GORDON & WEINBERG SHERIFF'S OFFICE OF CUMBERLAND. COUNTY Ronny R Anderson Sheriff pt CIiiub F ILpEC-OFi IG Jody S Smith ?4`ttti?t, er(,y?l? I?E P R 0 TIj0"''??.+ twit ?.Ft. Chief Deputy 2Q11 JUL 2$ AM 8: Qr Richard W Stewart Solicitor CUMBERLAND CUU'NI'Y PENNSYLVANIA Asset Acceptance LLC Case Number vs. Amanda J. Saltzburg 2011-5708 SHERIFF'S RETURN OF SERVICE 07/19/2011 08:50 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 19, 2011 at 2050 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Amanda J. Saltzburg, by making known unto herself personally, at 19 Wheatfield Dri Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to h personally the said true and correct copy of the same. VALERIE WEARY, DEPUTY SHERIFF COST: $34.00 July 20, 2011 SO ANSWERS, RON ~ R ANDERSON, SHERIFF fcj CounrySuitc Shev:tf ie eos>o`(. Inc GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 20§3594 'RUT OlqOTAki' ?f1 SLR' -2 PM 1:143 r'UMBER PE NSYLVANIANTY ASSET ACCEPTANCE, OF WORLD FINANCIAL NATIONAL BANK VS. AMANDA J SALTZBURG DOCKET NO. : 11-5708-CIVIL PRAECIPE FOR ENTRY OF JUDGKCNT FOR RtANT OF AN ANSWER ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $1142.19 Less: Payments on Account ( $.00) LLC ASSIGNEE COURT OF COMMON PLEAS NETWORK CUMBERLAND COUNTY Total: $1142.19 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn. Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: ASSET ACCEPTANCE, LLCASSIGNEE OF WORLD FINANCIAL NETWORK NATIONAL BANK and that the last known address of defendant, AMANDA J SALTZBURG, 19 WHEATFIELD DRIVE, CARLISLE PA 17015. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and record attorneys, if any, after default occurred, and at ten days prior to the date of filing of this praecipe. to their least Q,w} •14 06f 4 at ? Cl?.l?"? ??a s -761 ?vchcc IM ? 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. AND NOW, this day of 2011 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and d@Vage ss d at the m of , /I i $1,142.19 as per the above certifica on.a Prothono WOOF" GORDON & WEINBERG?P.C. BY: --t i' \ FREDERIC I WEI ERG, ESQUIRE JOEL M: FL N ESQUIRE Attorney for Plaintiff 2083594 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 COURT OF COMMON PLEAS OF WORLD FINANCIAL NETWORK CUMBERLAND COUNTY NATIONAL BANK VS. DOCKET NO. : 11-5708-CIVIL AMANDA J SALTZBURG 19 WHEATFIELD DRIVE CARLISLE PA 17015 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. rXL Judgment by. Default $829.50 " Money Judgment $ ,/L Judgment on Award of Arbitrators$ ,/L Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES A THIS TELEPHONE NUMBER: 484/351-0500 ?I ?? ?' PROTH ., . 2083594 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 WORLD FINANCIAL NETWORK NATIONAL BANK vs. AMANDA J SALTZBURG TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-5708-CIVIL NOTICE OF INTENTION TO TAKE DEFAULT AMANDA J SALTZBURG 19 WHEATFIELD DRIVE CARLISLE PA 17015 DATE OF NOTICE/FECHA DEL AVISO: August 9, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. n rBY: i FREDERIC I.ffWIPINBERG, ESQUIRE JOEL M. ESQUIRE P10D-2 i./