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HomeMy WebLinkAbout12-38942126749 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING RE '-;- RIM. , ? GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Lr> '`? cam Identification No.: 41360 -.-- A JOEL M. FLINK, ESQUIR E, C D T G Identification No.: 41200 a 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 ASSET RECOVERY SOLUTIONS, LLC COURT OF COMMON PLEAS 2200 E DEVON AVE STE 200, CUMBERLAND COUNTY DES PLAINES, IL 60018 eive I 38? DOCKET NO a VS. . ? MEGAN NISSEL 312 RENO AVE NEW CUMBERLAND PA 17070-1874 and JUSTIN A SPENGLER 312 RENO AVE NEW CUMBERLAND PA 17070 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, 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 Q ? p4.7S COMPLAINT IN CIVIL-ACTION 1. Plaintiff, ASSET RECOVERY SOLUTIONS, LLC , is a debt buyer and successor in interest to the original creditor, GE MONEY BANK. 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)tae 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 7, 2012 in the amount of $3,407.07. 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 4/28/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,407.07 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDER C I WEINBERG, ESQUIRE JOEL M INK, ESQUIRE Attorney for Plaintiff PO1P.DB 2126749 ASSET RECOVERY SOLUTIONS, LLC MEGAN NISSEL andJUSTIN A SPENGLER 6019183005218672 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. A;AE: CHRI SPEETZEN EXHIBIT "A" 2126749 ASSET RECOVERY SOLUTIONS, LLC MEGAN NISSEL and JUSTIN A SPENGLER 6019183005218672 State of Illinois County of Cook that: g AFFIDAVIT I, CHRIS SPEETZEN, being duly served sworn according to law, depose and say 1. I am employed as the director for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case and base this affidavit on Plaintiff's records, as well as the account information provided to Plaintiff by GE MONEY BANK when GE MONEY BANK sold the account to ASSET RECOVERY SOLUTIONS, LLC. 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 $3,407.07, which includes original interest as of May 21, 2012. 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and co ect to the best of my knowledge, information and belief. FFIANT: H IS SPEETZEN Sworn to and Subscribed before me this day of Q 2012 OFFICIAL SEAL LINDA IESHAYA o L'11Y Public -Stale tate of Illinois Notary Public sion Ex pires Aug 28 2015 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF THE $KERIFF F iLEU-OFF. CE ?;j _ THE PROTHO - TARP 2012 JUL 30 AH 9: 03 CUM?E?SYL?V N A TY Asset Recovery Solutions, LLC vs. Megan Nissel (et al.) Case Numbs 2012-3894 SHERIFF'S RETURN OF SERVICE 07/17/2012 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that on July 17, 2012 at 14 7 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to writ: Megan Nissel. Deputies were advised, Megan Nissel has filed bankruptcy under ca e 1:12-bk-02914. 07/25/2012 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made diligent se rct and inquiry for the within named defendant to wit: Justin A. Spengler, but was unable to him in is bailiwick. He theref8rre returns the within Complaint and Notice as not found as to the nt Justi A. Spengler. Request for service at 312 Reno Avenue, New Cumberland, Pennsylvania 17 0 the Defendant was not found. Deputies were advised, Justin A. Spengler no longer resides this addres . However, The New Cumberland Postmaster is still delivering his mail to this address. SHERIFF COST: $66.00 July 25, 2012 SO ANSWERS, -zZ' y (a RON R ANDS (c) CountySude Sheriff, Telecsoft, Inc. r 5 2126749 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 J = THE P OTIjONOTAR`a 2002 JUL 30 PM 3: 35 CUMSERLAN© COUNTY PENNSYLVANIA ASSET RECOVERY SOLUTIONS, LLC vs. MEGAN NISSEL and JUSTIN A SPENGLER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 12-3894 PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I WEI ERG, ESQUIRE JOEL M. F N , ESQUIRE Attorney for Plaintiff P006 v CERTIFICATION F SERVICE I, FREDERIC I. WEINBERG, the date below, served a copy Complaint to Pa.R.C.P. 1028(c) pre-paid, to all other parties Dated ?' r. r .l ? AUG ? ? P (?, 4 7 2126749 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUI MRERL ND GUUNIT- Identification No.: 41360 PENNSYLVANIA JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 ASSET RECOVERY SOLUTIONS, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 12-3894 MEGAN NISSEL and JUSTIN A SPENGLER SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this 02Augl2, it is suggested of record that Defendant, MEGAN NISSEL, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about May 11, 2012, in tY United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 12-02914. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: FREDERIC INBERG, ESQUIRE JOEL M. K, ESQUIRE Attorney for Plaintiff