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Home My WebLink About07-10542029132 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Atlantic Credit & Finance Inc. Assignee from Household Bank 3353 Orange Avenue Roanoke, VA 24012 VS. NICOLE L LETIZIA 1101 FRANKLIN ST CARLISLE PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : OA/ 16 SY 01('? t7?? 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 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 was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiff's credit facilities. 3. Defendant accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 4. The defendant received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of an affidavit of account and verified bill of particulars is attached hereto as Exhibit "A". 5. All the credits to which the defendant is entitled have been applied and there remains a balance due in the amount of $2,604.80. 6. Plaintiff has made demand upon the defendant for payment of the balance due of $2,604.80 but the defendant 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 June 2, 4 2004. WHEREFORE, plaintiff claims of the defendant the sum of $2,604.80 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE BERG, ESQUIRE PAUL M. SC ELD, JR., ESQUIRE Attorney for Plaintiff P01A.DB I VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WEI ERG, ESQUIRE EXHIBIT "A" ATLANTIC CREDIT & FINANCE, INC. V. NICOLE L LETIZIA AFFIDAVIT OF DEBT AND VERIFIED BILL OF PARTICULARS The undersigned being first duly sworn according to law, deposes and says that she is familiar with the policies and practices, as well as the books and records of the Plaintiff with respect to the matters stated herein, and based on information and belief states as follows: 1. Plaintiff's principal business consists of purchasing charged off receivables. 2. The Defendant defaulted on HOUSEHOLD BANK Account No. 5407910600597130. Said Account was charged off on May 31, 2004 in the amount of $2,604.80. 3. Plaintiff purchased or was otherwise assigned this charged off account along with other debts. As a result of the foregoing sale and assignment, the Plaintiff succeeded to all right, title and interest in the charged off account, and it now owns the account. 4. Plaintiff conducted a due diligence investigation to determine, among other things, the accuracy of the account information provided to ascertain whether the statute of limitations was a bar to demand or institution of suit. Further, Plaintiff and/or its predecessor entered into a contract where the predecessor made representations and warranties that 1) it had clear right, title and interest in the account; 2) the account was free and clear of all liens and encumbrances; and 3) it had the power, authority, and full right to sell and convey its interest in the account. 5. According to Plaintiff's records, the last payment date was June 2, 2004. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing ?m this indebtedness of $2,604.80. 6. The internal Account Statement of Plaintiff is attached hereto as Exhibit A and displays the account information that was provided to Plaintiff at the time of purchase and assignment. The foregoing is true and correct to the best of my knowledge and belief. By: aa,90? Heather Clary Assistant Director of Forwarding Subscribed and sworn before me on Auggg 10, 2006. llr? A I f,,A-qA APO Q. 0% Notify blic: VM&on Gray ,Q? My Commission Expires: 2/28/2010 DF ?'• THIS COMMUNICATION IS FROM A DEBT COLLECTOR ''•.,,rgRy?p?X , GORDON & WEINBERG P.C.: JAFF- 830578 ??; Atlantic Credit & Finance, Inc. Report Date , 1x1 Account Statement 07/14/2006 14:28:24 CR£CIi & FAIANCE MdCOkPCRA1E? • Our Account ID: 830578 Account Number: 5407910600597130 Status: LGJ Received: 06/25/2004 Original Balance: $ 2,604.80 Amount Paid: $ 0.00 r Name: LETIZIA, NICOLE L Other Name: Streetl: 1101 FRANKLIN ST Street2: City, State Zip: CARLISLE, PA 17013 SSN-Last 4 Digits: 6023 HomePhone: 7172430856 WorkPhone: Date Type Matched Check No Invoiced Amount Comment No Payments Received Payment Type 'PU','PA','PC' - Payment Payment Type 'PUR','PAR','PCR' - Returned Payment NSF Page No: 7 Confidential Property of Atlantic Credit i Finance Inc. C v `rn 0(/) GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Atlantic Credit & Finance Inc. Assignee from Household Bank VS. NICOLE L LETIZIA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-1054 PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, NICOLE L LETIZIA, and assesses the damages as er statement below. FREDERIC I. WEINBER E UIRE PAUL M. SCHOFIELD, J ESQUIRE Attorney for Plaintiff Principal $2,604.80 Interest from 6/2/04 @0% $.00 Costs (Complaint & Service) $88.30 Total: $2,693.10 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. FREDERIC I. WEINBERG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this day of !LL 2007 Judgment is entered in favor of the plaintiff(s) Land against defendant, for want of an answer and damages assessed at the sum of , $2,693.10 as per the above certification. Prothon ary GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Atlantic Credit & Finance Inc. Assignee from Household Bank VS. NICOLE L LETIZIA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-1054 CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; Atlantic Credit & Finance Inc.Assignee from Household Bank and that the last known address of defendant, NICOLE L LETIZIA, 1101 FRANKLIN ST, CARLISLE PA 17013. GORDON & WEINBERG, P.C. BY: .)7`?' FREDERIC . WE ERG, ESQUIRE PAUL M. S ELD, JR.,ESQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE ` Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Atlantic Credit & Finance Inc. Assignee from Household Bank VS. NICOLE L LETIZIA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-1054 AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in the above- entitled case; that he is authorized to make this affidavit on behalf of the plaintiff; and that the above-named defendant is over twenty- one years of age; that the address of the defendant is, 1101 FRANKLIN ST, CARLISLE PA 17013; that the occupation of the defendant is unknown; and that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Sworn to and Subscribed Before me this 1260 Day r O 007 otary Public OF PENNSYLVANIA C-jtATA0NWEA1J SEAL Public NOTARIAL otary COLbN, N CHRISTINE M. kris. Phi'amQQ Unty 15 CC`l 1p_ras olov_ . ?. City cf Pk??raa ? or M COTT''_' . 11?? . FREDERIC I. WEI ERG, ESQUIRE PAUL M. SCH FI D, JR. ESQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 2029132 Atlantic Credit & Finance Inc. Assignee from Household Bank Vs. NICOLE L LETIZIA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-1054 NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA NICOLE L LETIZIA 1101 FRANKLIN ST CARLISLE PA 17013 DATE OF NOTICE/FECHA DEL AVISO: March 27, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 GORDON & WEINBERG, P.C. BY: FREDERIC I WEI ERG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE P10D-2 2029132 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE t Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Atlantic Credit & Finance Inc. Assignee from Household Bank Vs. NICOLE L LETIZIA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-1054 NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $2,693.10. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. BY: FREDERIC I. E, ESQUIRE PAUL M . SCH.,ESQUIRE Attorney foff Dated: April 11, 2007 z w c N Cl -V MM m in ci SHERIFF'S RETURN - REGULAR CASE NO: 2007-01054 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS LETIZIA NICOLE L MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LETIZIA NICOLE L the DEFENDANT , at 2055:00 HOURS, on the 6th day of March 2007 at 1101 FRANKLIN STREET CARLISLE, PA 17013 by handing to JOE LETIZIA, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 31" /61 )L?v Sworn and Subscibed to before me this of So Answers: 18.00 4.80 .00 10.00 R. Thomas Kline .00 32.80 03/07/2007 GORDON & WEINBERG By: day Deputy Sheriff A. D. 2029132 r' ? 2 JUN 21 P 2, 2 v GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 FIENNSYLVANLf,'s, JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 MIDLAND FUNDING LLC Assignee COURT OF COMMON PLEAS from Household Bank CUMBERLAND COUNTY VS. DOCKET NO. : 07-1054 NICOLE L LETIZIA ORDER TO SATISFY JODGN NT TO THE PROTHONOTARY: Kindly mark the judgment entered April 30, 2007 in the above-captioned matter satisfied upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDERI EINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P005 OLt C?sha?o