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HomeMy WebLinkAbout11-82302111951 THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. ASSESSMENT OF 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 Wells Fargo Bank 28405 Van Dyke Avenue Warren, MI 48093 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DAVID KENNERLY 6307 VALLEYBROOK DR MECHANICSBURG PA 17050 ??j CD } `cam , ?- C:: c c , - ?.a . ; t `.Said CIV? I DOCKET NO. 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 d a.M?- 9:q 0°+ C?-*) OD p aCa( (v (o 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 June 14, 2011 in the amount of $7,589.36. 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 8-29-08. WHEREFORE, plaintiff claims of the defendant(s) the sum of $7,589.36 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. /--*' BY: FREDERIC ZINBERG, ESQUIRE JOEL M. , ESQUIRE Attorney for Plaintiff P01A.DB AP 2111951 41564030 Asset Acceptance, Fargo Bank DAVID KENNERLY 8525001090 VERIFICATION LLC assignee of Wells 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. AAA NAME U' J EXHIBIT "A" ?• 2277 2111951 41564030 Asset Acceptance, LLC assignee of Wells Fargo Bank DAVID RENNERLY 8525001090 I,- say that: AFFIDAVIT , being duly served sworn according to law, depose and 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; case; 2. I have knowledge of the facts and circumstances in connection with this 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 $5,093.44 plus interest of $2,406.89 at the rate of 22% less credits in the amount of $.00 totaling $7,500.33 as of May 16, 2011. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. - ?,, AFFI Sworn to and Subscribed before me this day of `JUN 0 3 2911, 2011 Notary Public PAJ?43r 1rE?! CE?ASz Plotcy Fug ifs ? ;anl;?ttfOr?n My Co t; :• 3 ':.x w.;S 13,2413 Actln i 2111951 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 FILED-OFFICE ?.A fffir- PRQTHONOTAR"t 2012 AUG - 6 Ph 3: 11 CUMBERLAND COUNTY PENNSYLVANIA Asset Acceptance, LLC assignee of Wells Fargo Bank VS. DAVID KENNERLY 1508 SIMPSON FERRY RD NEW CUMBERLAND PA 17070-1560 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-8230 CIVIL PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter for an additional thirty (30) day! GORDON & WEINBERG, P.C. /L7?_ BY: FREDERIC I. W INB G, ESQUIRE JOEL M. FLINK, QUIRE Attorney for Plaintiff(s) 4?{ ?II.7S??da Ck, l'I va41 ? 97s 9 3?