The URL can be used to link to this page

Home My WebLink About13-0148-~ C`7 ~ -r; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY `I~' _.~ _, i Q / `- ~ _ ASSET ACCEPTANCE, LLC No: I ~ - 1 yo ~~v~ ~'° ~ Plaintiff cn A ~ ~ ~`' -C _ `_~ ' E--.~ <~ ~ vs. CIVIL ACTION -LAW ~~ --~ SHEILA HENCH ~ ca y ~ ~ ... Defendant(s) NOTICE TO DEFEND 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 an 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 judgment may be entered against you by the court without further notice for any money claimed 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 HELP. 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 -COURT ADMINISTRATOR 32 S BEDFORD ST. CARLSILE PA 17013 Telephone 717-249-3166 ~~~ ~IU3.ls~ `'"" 1 ~~- yaai 3a~ ~~~gsla9 PA O]Ol FileNo.: 12-629791 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE, LLC I No: Plaintiff vs. ~ CIVIL ACTION -LAW SHEILA HENCH Defendant(s) AVISO PARR DEFENDER LISTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted fall de tomar accion Como se describe anteriormente, el caso pude proceder sin usted y un fallo por cualquier sums de dinero reclamada en la demands o cualquier reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad au otros derechos importantes pars usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY -COURT ADMII~]ISTRATOR 32 S BEDFORD ST. CARLSILE PA 17013 Telephone 717-249-3166 PA 0101 File No.: 12-629791 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE, LLC No; 28405 VAN DYKE WARREN, MI 48093 Plaintiff CIVIL ACTION -LAW vs. SHEILA HENCH Defendant(s) COMPLAINT AND NOW, comes Plaintiff, by and through its attorneys, FULTON, FRIEDMAN & GULLACE, LLP, and files this Complaint and in support avers as follows: 1. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all. rights, title and interest to Defendant's CARNIVAL/BARCLAYS BANK account X -1295 (ASSET ACCEPTANCE, LLC Number ] 2-2067724) (hereinafter "the account"). 2. Upon information and belief, Defendant(s), SHEILA HENCH, has a last known address(es) of: 9 KEYSTONE DR , MECHANICSBURG, PA 170501571. 3. Upon information and belief, the account is based on a written credit agreement entered into between Defendant and the original grantor; as provided to Plaintiff, the material terms of the agreement applicable to accounts issued by CARNIVAL/BARCLAYS BANK are attached hereto. 4. Upon information and belief, Defendant(s) used or authorized the use of the account to obtain loans from the original credit grantor for the purpose of obtaining goods, and/or services and/or cash advances. 5. Defendant(s) failed to make full payment of the amount owed on the account. 6. Upon information and belief, the last payment posted to the account on December 07, 2009. 7. The account shows that the Defendant(s) owe(s) a balance of $13,029.03 plus interest which has accrued from the date of assignment at a rate of 6.00 % per year, the amount of interest which has accrued is $525.43. PA_0100 File No.: 12-629791 Client Acct No.: 12-2067724 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant(s) in the amount of $13,554.46, plus costs of this action and any other relief this Court deems just and reasonable ,~-Z-..__., MICHAEL B. VOLK #88553 FULTON, FRIEDMAN & GULLACE, LLP 130B GETTYSBURG PIKE MECHANICSBURG, PA 17055 (877) 386-5383 Attorney for Plaint PA_Ot00 File No.: 12-629791 Client Acct No.: 12-2067724 VERIFICATION I verify that the facts set forth on this Complaint 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. Because of my title, I am authorized to make this verification on behalf of Plaintiff. Date: ~ ~ -i t2° ~ ~ By: GINA VINCI Print ame -- -~ Signature f~ Title with Plaintiff PA_0100 File No.: 12-62979] Client Acct No.: 12-2067724 EXHIBIT A PA_0100 File No.: 12-629791 Client Acct No.: 12-2067724 ~- Carnival' E FUNPOINTS' Customer News CREDIT LINE WARNING Your account balance is currently over the approved credit line. To bring your account Into good standing, please pay at least 55,315.81. This amount is equal to your minimum payment due of $2,286.78 plus the amount over your credit Ifne which is currently $3,029.03. Payment Due Date August 08, 2010 Mirtmwm Payment Due $2,286 78 Previous Balance $12,697 11 Statement Balance $13,029.03 Carnival MasterCard® Statement Primary Account Number Ending in. 1295 Statement BBing Period. 06112/10 - 07/11110 Account Summary Minimum Payment Due $2,286.78 Payment Due Data 08!08!10 tatement End Date 07111!10 redit Line $0.0 redit Available $0.00 Cash Credit Line $0.00 Cash Credit Available $0.00 Past Due Amount $1,842.88 Overlimit Amount $3,029.03 _ IMPORTANT ACCOUNT INFORMATION As we've advised you in the past, Barclays and Camival terminated their MasterCard program with SeaMiles and converted your account to a Carnival Mastercard with FunPoints. That program is not affiliated with Sea Miles and its awards program. If you are still using your old CamivaUSeaMiles credit card, please destroy it and use the replacement Camival Mastercard we provided you. If you have any questions regarding the Camival Mastercard FunPoints program please Call 1-800-255-1304. Payment Information • Page 1 of 4 Questgrn7 CaN 1.866.255.1300 www BargaycardUS coin Activity Summary Previous Balance $12,697 11 - Payments $0.00 _ + Purchases $0.00 - Other Credits $0.00 + Balance Transfers $0.00 + Cash Advances $0.00 * tees sls.oo + Interost $316.92 tatement Balance 513,029.0 Statement Balance $13,029.03 Minimum Payment Due $2,286.78 Payment Due Date 8!8/2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a $15.00 late fee and your APRs may be increased to the Penalty APR of up to 30.24'Yo. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and ii will take you longer to pay oft your balance. For example: If you make no additional You will pay off the charges using this card and ba{anco shown on this A"d Y~ will end uP WYln9 each month you pay... statement In about... an asUmabad total of... Orly the mNVmum payrrterrt 31 years $39,T36.00 Ipf y~ou~wo~uld like infonnaGon about ixedA oourrselNrg services, please qll 100-570-1403. ~ .WUOTi4R Infannatron a baead On vdx 90mrW atlwiv antl rMA {~6M Wn,1 arm nl ~e ,~/ Ilr 'Inc,nn M~IU ..r ,w,e sialement. Aooorml aarvity alter the cbsng date a nd reNerxed To view your rtwst recent traruactlon actrvNy Onlrne, go b www eardaycardUS.com. Qom- Wueh hers. Plraq~ mrb thecb pr.yrabl~ to 'CW $MVbs' end intrude 1hn peym~nr coupon in rb~ enclosed enrdope Plraaq allow 7-10 Gyr fa U.S. PO6W 9•rvitf aNlnry. Payment Coupon Camival' ' fUNP01NTS R Make payments online at www.BarclaycardUS.com Card Services P.O.Bax 13337 Philadelphia, PA 19101-3337 lrrl{III"{'I'{'{I'1111111{11{I'11{rlll~lrrll{Illrl{I'I~Iltl'1{~' Check for address change. Complete form on the bade. manifest Irne --------- SHEILA l~~ 9 KEYSTONE OR MEChIFWICSBl1RG PA 17050-1571 Amount Endosed~ $ Account Number IDPOS=token001-8888 Minimum Payment Oue $2,286.78 lrrl{III"~'1'~'{I'1111111{il{Irll{rlll{irrll{lllrl~l'1{1111'1{{' Statement Balance 513,029.03 PaymsntDue Oate August 08, 2010 -~iV IDPOS=tokenOD2-800228678013029035 I 1 Pegs 2 of a Carnival' ~ FUNPOINTS' Carnival FunPoints FUnP0lnls Earned on Purchases + 0 Bonus FunPoints Earned on Carnival Spend + D Bonus FunPoinls Earned from Promotions + 0 Adjustments + 0 FunPoints Transferred from previous program + 0 Total FunPofnts Earned This Period + 0 FunPants Ending Balance 0 FunPolntsRsdesmsdto Dats + 0 Remember, you can redeem your FunPoinls for on-board amenities at www barclavcardus corn Activity for SHEILA HENCH -Card ending in 1295 No TranaectionActivltyAt Thls Time Summary of Fees and Interest Fees Posting Date Transaction Description Amount D7/08 LATE PAYMENT FEE S15.00 Total Fsesfor this Period ;15.00 Interest Charged Transaction Deseriptlon Amount INTERESTCHARGE ON PURCHASES 5316 92 Total Intorestfor this Period 6318.92 Year-to-Date Summary of Fees and Interest Charged' TotalFses ehargedln 2010 ;75.00 Totallnterestehargsdln 2010 ;1,505.7 'This Year-to-Dale Summary reflects the Fees and Interest charged on billing statements with closing dates in 2010 The Summary doss not reflect any tees or interest adjustments and/or credits that have been made. Ir1lereS1 GnBfge Ga1CU18LlOn - 3U Purchases Current Purchases Balance Transfers Current Balance TransfersfChecks Cash Advances Current Cash Advance Total Your Amual Role (APR)s the annual to tlnung ~yae Balance ANNUAL Subject to PERCEtITAGE Interest Interest Rate _ RATE (APR) Chafe ;12,85162 29.99%(v) $316.92 50.00 29.99%{v) $0.00 SO 00 29.99%{v) 50.00 $316.92 rate On your aooouru (v~Vanabls Rate S Page 3 of 5 .: Carnival' ~ FUNPOINTS' Customer Notifications IMPORTANT CHANGES TO YOUR ACCOUNT TERMS The way in which we calculate your minimum monthly payment is changing on your account. This change may result in an increase to your minimum monthly payment. Beginning with your payment due date in 09/2010 your required minimum payment will be the amount that equals 1% of your statement balance plus any interest charges, returned payment charges and late payment fees (if any) that may be assessed in a particular billing cycle (see below for the actual description of the calculation). Ta avoid late fees, a payment of at least the required minimum monthly payment each month is required to be made by your payment due date which is now the same date each month. You always have the option of paying more than the minimum payment on your account. Beginning with your payment due data in 09/2010, the following replaces the paragraph in your Cardmember Agreement (as may have been amended) that discusses how your Minimum Payment Due is calculated. 1 Your Mintmum Payment Each Month. Each billing cycle, you must pay at least the Minimum Payment Due shown on your x monthly statement by its Payment Due Date. If the Statement Balance shown on your monthly statement is Tess than $20, your Minimum Payment Due (due by the Payment Due Date) will be that Statement Balance amount. Otherwise, if your Statement Balance is equal to or greater than $20, your Minimum Payment Due will be the greater of $20 or the total of 1 } 1 % of the Principal Balance (defined as the total Statement Balance minus Interest charges, Returned Payment Fee, and any Late Payment Fee that are incurred during the current billtng cycle), plus 2) interest charges accrued during the current billing cycle, plus 3) any Returned Payment Fee and any Late Payment Fee incurred during the current billing cycle, plus 4) if we so elect, any amount past due or amount over your credit line at the time of billing. In certain instances your Minimum Payment Due may be less than your total tees and interest assessed in that billing cycle. At any time you may pay more than the Minimum Payment Due up to the full amount you owe us, however you cannot "pay ahead". This means that if you pay more than the required Mintmum Payment Due in any billing cycle or if you make more than one payment in a billing cycle, you will still need to pay the next month's required Minimum Payment Due by your nett payment due date. J Important Information Barclaycard A ~„*x, a nc~ i eAtzcurs ~:~ Page 3 of 4 Lost or Stoten Card: Your credit card is issued by Barclays Bank Delaware. Please contact us immediately at 1-866-663-6536if you discover your card has been lost or stolen. Our phones are open 24 hours a day. 365 days a year. Payment lnformatlon:Each billing cycle, you muss pay at least the Minimum Payment Due shown on your monthly statement by its Payment Oua Date The Minimum Payment Due and Payment Due Date are noted on your statement and on the Accounts page when you login to www BarclaycardUS.com Remomber to make all dredcs payable to Card Sennces. Pleaee allow 7 days for the U.S. Postal Sarviceto dellveryour payment. Your availabtscrodlt may not be Increased by the amount of your paymsnt for up to (7} days to eneuro we eolleetthe funds from the bank on which your payment is drawn. When you provide a check as payment on this Account, you authorize us to either use the information Irom your cheek to make aone-time electronic fund transfer from your account or to process the payment es a check transaction, When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check badt from your financial Institution. For inquiries, or to opt out of one-time electronic fund Irensfers, please tali 1-866-255-1304 Mailed Payments: Conforming Payments: Conforming payments received daily by 5 p m ET will be credited to your account the day of receipt. Payments received after 5 p.m ETwill be credited the next twsiness day. To be treated as a conforming payment, the payment must meet the following requirements' (i) Payment must be mailed using the endosed envelope and payment coupon from this statement to Cab Services, P.O. Box 13337, Philadelphia, PA 79101-3337;and (fi)The payment must be in the form of a single, non-folded, i;heck or money order made payable In US dollars from a US based Inslltution. Nun_co.OLCtrDlnq_eeyments: Any payment that does not meet the above requirements will be treated as anon-conforming payment, whtch may delay crediting of the payment up to 5 days This inclutles payments: (i) Mailed to any address other then the address listed above; (ii) Mailed without the payment coupon from Ihls statement or mailed with a payment coupon printed from www.8arclaycardUS.com; or (lii)ineludfng multiple dtedrs or money orders, additional correspondence, staples, paperdips, etc. Othsr Payment Options: 9n inc. Visit www.BarclaycardUS.com to sign up for Pay Credit Card to pay your account online Pgy,jty hone: To make a payment by phone please call 1-866-255-1304. Payments made online or by phone by 7.00 P.M. ET will be credited to your account the day of receipt. Overnight Payments: Payments sent via overnight courier services or USPSPriorily Mail must be sent to REMITCO,Card Services, Lock Box 913337,2060Cabo1 Boulevard West, Langhorne, PA 19047 Overnight payments, which are received at the overnight payment address by 5 p m ET will be credited to your account the day of receipt Accrual of Interastand How to Avoid Paying Intereaton Purchases We wdl not charge you interest on Purchases (except for purchases of money orders, travelers chedrs, foreign currency, lottery tickets, gambling chips, or wire transfers which are treated as Cash Advances and do not have a grace penod) m a btlhng cyde H you pay your entire Statement Balance by the Payment Due Dale each month. We will begin charging interest on Balance Transfers, Checks and Cash Advances on the transaction dale. For more details please see your Cardmember Agreement}, If you are charged interest in a billing cycle, the amount of the Minimum Interest Charge that will be assessed on your Account in any billing cycte is disclosed in your Cardmember Agreement and will appear on your statement as a 'Minimum Interest Charge" or'Minimum Charge' in the Summary of Fees section on your slalement. How We Wfll CalculateYOUr Balance: We use a method called 'daily balance (including new purchases)". To determine the amount of the interest to be charged on your Account we first calculate the 'Balance Subject to Interest Rate' separately for Purchases, for Balance Transfers, and for Cash Advances. We apply the applicable Daily Periodic Rate (the `DPR') (the DPR for each category is the applicable APR shown on the front of the slalement divided by 365), to each of the applicable daily balances for i) Purchases, ii) Balance Transfers and iii) Cash Advances. The daily balances for Purchases, for Balance Transfers and for Cash Advances are each calculated separately and determined as follows: We take the beginning balances for each transaction type on your Account each day, including any Interest calculated on the previous day's balance, add to the respective balances any new transaction, subtract any Continued on Page 4 Make changes to your contact information below, Name Address City State Zip Home Phone Work Phone Address Important Information _ Barclaycard A mvnb~.T d trre ~ t~aiuuY$ Coup Page 4 of 4 payments or credits and make any other applicable ad(ustmeni(s) This Agreement provides for compounding of interest A credrt balance is treated as a balance of zero If you multiply the "Balance Sub)ect to Interest Rate' for each balance category as shown on your monthly billing statement by the number of days in the billing period and then multiply each sum by the applicable Dar, the results will be the interest assessed, except for minor variations caused by rounding Credlt8ureau Disputes: If you believe that an entry we have made on your credrt bureau report is Inaccurate or incomplete, please contact the reporting agency directly or contact us at Card Services, P.O. Box 8803 Wilmington, DE 19899-8803.PIeaseinclude your name; your acrwunt number; the credit reporting agency where you received the bureau report; a description of the error; and why you believe it m an error. We will promptly tnvesligale, notify you of our findings, and send an update to the credit bureaus if warranted within 30 days. What To Do It You Think You Flnd A Mistake On Your Statemsnt If you think there is an error on your statement, write to us at: Card Services P.O. Box 8802 Wilmington, DE 19899-8802. In your letter, give us the -ollowing information: Accorrnt inlormation .Your name and account number. Dotter amount. The dollar amount of the suspected error Description of problem: If you Think (here is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement You must notify us of any potential errors !n writing. You may call us, but If you do we are not required to invesligale any potential errors and you may have to pay the amount In question. While we investigate whether or not there has been an error, the - following are true: • We cannot try to collect the amount in question, or report you asdelrnquent on that amount The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake. you will net have to pay the amount In question or any Interest or other fees related to that amount. • While you do not have to pay the amount in question, you are responsible for the remerndar of your balance. • We can apply any unpaid amount against your credit limit. Your Rights It You Are Dlssatlsfled Wlth Your Credit Card Purchases It you are dissatisfied with the goods or services that you have purchased with your credit card, and you have triad rn good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, alt of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than 550. (Note Neither of these era necessary if your purchase was based on an advertisement we marled to you, or if we own the company that sold you the goods or services ) 2. You must have used your credrt card far the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do no! qualify. 3. You must not yet have fully paid for the purchase If all of the criteria above are met and you are stilt dissatislied with the purchase, contact us in writing at• Gard Services P.O.Box 8802 Wilmington, DE 19899-8802. While we investigate, the same rules apply to the disputed amount as diaeussed above After we finish our investigation, we will tell you our decision At that point, rf we think you owe an amount and you do not pay, we may report you as delinquent Please refer to your Cardmember Agreement for additional inlormation about the terms of your Account. ®2010 Barclays Bank Delaware J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ASSET ACCEPTANCE,LLC, Civil Action Plaintiff t� V. No. 2013-148 w v SHEILA HENCH, Defendant ENTRY OF APPEARANCE "y TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Plaintiff in the above- referenced matter. r R chel Ann Clark,Esquire#311484 Fulton Friedman&Gullace, LLP 6 Kacey Ct., Ste 203 Mechanicsburg,PA 17055 (717) 610-3337 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ASSET ACCEPTANCE,LLC, Civil Action Plaintiff V. No. 2013-148 " SHEILA HENCH, .' :;>c,) ME _ Defendant x W, cr PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above matter as discontinued. sub 'tte , MAR 2 6 2013 Respectf Date: By: Rachel Ann Clark,Esquire#311484 Fulton,Friedman& Gullace, LLP 6 Kacey Ct., Ste 203 Mechanicsburg, PA 17055 (717) 610-3337 CERTIFICATE OF SERVICE TO THE PROTHONOTARY: I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office, first class mail, postage paid, addressed as follows: Peter J Russo, Esquire 5006 E Trindle Rd., Ste 203 Mechanicsburg, PA 17050 Respectfull bmitt d, DEAR 2 6 2013 By: Rachel Ann Clark,Esquire#311484