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Home My WebLink About11-58482110014 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 t Identification No.: 41200 1001 E. Hector Street, Ste 220 xm r= Conshohocken, PA 19428 rv 700:; 484/351-0500 L' °c:) ° cc) s0 x -n C :)-n zo oc Asset Acceptance, LLC assignee COURT OF COMMON PLEAS I'z ?F -4 of Citibank CUMBERLAND COUNTY -< 28405 Van Dyke Ave Warren MI 48093. vs. DOCKET NO. : 1) - S00"N 8 Ci v( GARY WALTERS 4 SHERWOOD DR ENOLA PA 17025 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 oav??bb packl? 53cfJ 1 C k-41 vd- el I 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 5/13/11 in the amount of $12,206.35. 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 3/31/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $12,206.35 plus applicable costs, interest and attorney': fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE BERG, ESQUIRE JOEL M. F IN ESQUIRE Attorney or Plaintiff P01A.DB 2110014 40243295 Asset Acceptance, LLC assignee of Citibank GARY WALTERS 5466160033336072 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 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. i N ME - PAMELA McCULLOUGH EXHIBIT "A" 2277 2110014 40243295 Asset Acceptance, LLC assignee of Citibank GARY WALTERS 5466160033336072 AFFIDAVIT I ; M ELA MCCU LLOUGH being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have knowledge of the facts and circumstances in connection with this case,- 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. There is now due and owing from defendant to plaintiff, the amount of $6,981.96 plus interest of $5,059.12 at the rate of 24% less credits in the amount of $.00 totaling $12,041.08 as of April 7, 2011. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and corr to the best of my knowledge, information and belief. AFFIANT Sworn to and Subscribed before me this day of 2011 Notary Public IMJIRCi bd CHASE Notary PE-,VIc; -Michigan SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor is F9'U E T 7 0 LE^'I r 5 J Ik PM -: I 'q Asset Acceptance LLC vs. Case Number Gary Walters 2011-5848 SHERIFF'S RETURN OF SERVICE 08/01/2011 06:18 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on August 1, 2011 at 1818 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gary Walters now known as Gary Walters Jr., by making known unto Gary Walters Sr., Father of Defendant at 4 Sherwood Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said tr d correct copy of the same. MICHELLE GUTSHALL, DEPUTY SHERIFF COST: $43.00 August 02, 2011 SO ANSWERS, RON Y R ANDERSON, SHERIFF 10 0 Asset Acceptance, LLC assignee VS GARY WALTERS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO.: 11-5848- CIVIL AND NOW, comes your Defendant, Gary Walters, Sr. by and through his counsel, Guida Law Offices, P.C. and Gail Guida Souders, Esquire, who files these Preliminary Objections and, in support thereof, avers the following: m rt'i A am ? ? G ) PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT a. n G 1. The Complaint states that it is seeking relief on all counts against the l!eferl&nt .?4s individual. 2. Defendant is Gary Walters, Sr. who resided at 4 Sherwood Drive, Enola, Pennsylvania 17025. 3. Defendant has a son named Gary Walters, Jr. 4. Plaintiff, in his Complaint, alleges that Defendant has a credit card and an outstanding balance with Plaintiff. 5. Plaintiff provided an affidavit alleging that Defendant has an account with Plaintiff and an outstanding balance from Plaintiff's custodian of records. 6. The affidavit does not provide specific information such as account number or correct spelling information that would link to Defendant. (See Exhibit A of Plaintiff's Complaint) s + 7. Plaintiff alleges that Defendant, Gary Walters, Sr. is the correct Gary Walters that who is the owner of an account without providing specific information pointing to the Defendant. 8. Plaintiff failed to provide a statement of account as an exhibit to demonstrate that Defendant is the correct party that contracted with Plaintiff. WHEREFORE, Defendant, Gary Walters, Sr. respectfully request this Honorable Court to Dismiss the Plaintiff's Complaint due to insufficient specific in the pleading in the Complaint. Respectfully submitted, Date: 1a ?/ GUIDA LAW OFFICES, P.C. By: Ila k--? Gail Guida Souders, Esquire PA Supreme Court I.D. No. 68740 111 Locust Street Harrisburg, PA 17101 717-236-6440 I verify that the statements made in the foregoing preliminary objections are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: 1 r' Attorney for Defendant Asset Acceptance, LLC assignee IN THE COURT OF COMMON PL __ . r a CUMBERLAND COUNTY, PENNSA T -_' CIVIL ACTION - LAW D -- co GARY WALTERS DOCKET NO.: 11-5848- CIVIL 3> o C c ? ....D r -E C' CERTIFICATE OF SERVICE I hereby certify that on August 16, 2011, I served a copy of the Preliminary Objections to Plaintiff s Complaint upon Frederic I. Weinberg, Esquire and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rule of Civil Procedure. 403. Service by U.S. Mail to: Frederic I. Weinberg, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 5/?K? Gail Guida Souders, Esquire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Dated: August 16, 2011 z MW w 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 2110014 rHOtpTAF zIIIIOCTI4 pNI:I8 ?'DMDFRLAND COUNTY PENNSYLVANIA Asset Acceptance, LLC assignee of Citibank VS. GARY WALTERS DOCKET NO. : 11-5848 CIVIL ORDER TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter discontinued and ended upon payment of your costs only. GORDON & WEINBERG, P.C. BY: I FREDERI( JOEL M. Attorney for Plaintiff P003 COURT OF COMMON PLEAS CUMBERLAND COUNTY I BERG, ESQUIRE I. WE FLI ESQUIRE