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Home My WebLink About11-73382108900 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 ASSES SfRNt-:?jDF 1I' W i s C- r7l CD Asset Acceptance, LLC assignee of Citibank AT&T Universal 28405 Van Dyke Ave Warren MI 48093 VS. NICHOLAS PALOMO 138 WESTGATE DR MT HOLLY SPGS PA 17065 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : ''- 3 9 O C lV 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 6?)% go.06 fal a mc.4 1 5(Dsl `? 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 May 18, 2011 in the amount of $8,024.51. 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 12/24/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $8,024.51 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC WE NBERG, ESQUIRE JOEL M. kIN ESQUIRE Attorney Plaintiff P01A.DB 2108900 40151892 Asset Acceptance, LLC assignee of Citibank AT&T Universal NICHOLAS PALOMO 5491130312292618 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. s • NAME PAMELA McCULLOUGH EXHIBIT "A" 2277 2108900 40151892 Asset Acceptance, LLC assignee of Citibank AT&T Universal NICHOLAS PALOMO 5491130312292618 r EVEWT7%%T7TT I PAMELA McCULLOUGH , 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 $4,493.63 plus interest of $3,380.19 at the rate of 24% less credits in the amount of $.00 totaling $7,873.82 as of March 28, 2011. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and co rec to the best of my knowledge, information and belief. n AFFIANT Sworn to and Subscribed before me this day 2011 A/ i Notary Public 2108900 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 mi CO- . ? 70 T {. C co C. W Asset Acceptance, LLC assignee of Citibank AT&T Universal VS. NICHOLAS PALOMO COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-7338 CIVIL PRAECIPE TO WITHDRAW COMPLAINT, TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIJ?N, W INBERG, ESQUIRE JOEL M. ESQUIRE Attorney for Plaintiff P006 CERTIFICATION OF SERVICE i, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Withdraw Complaint to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. "7`?') FREDERIC EINBERG, ESQUIRE Dated