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Home My WebLink About07-5426 J 2033234 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF 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 Atlantic Credit & Finance Inc. Assignee from Household Bank 3353 Orange Avenue Roanoke, VA 24012 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. BETTY J BAUER 119 FARM RD NEWVILLE PA 17241-9508 DOCKET N0. ~"~- 5~a~ C~Yi) ~~°t'Yr- 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 PRQCEED 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(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff'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 plaintiff 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 Plaintiff. A true and correct copy of the Statement of Account 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 in the amount of $5,677.34. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $5,677.34 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 6. Defendant's last payment on account was made on 11/2/05. ~' WHEREFORE, plaintiff claims of the defendant(s) the sum of $5,677.34 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY• FREDERIC I. WEIN ERG, ESQUIRE JOEL M. FL NK, SQUIRE Attorney f laintiff P01A.DB r VERIFICATION ~ FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) 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. WEIN RG, ESQUIRE 1 ATLANTIC CREDIT & FINANCE, INC. v. BETTY J BAUER ~~G''33~3u 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 wcll 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 offreceivables. 2. The Defendant defaulted on HOUSEHOLD BANK Account No. 5407900160333810. Said Account was charged off on March 31, 2006 in the amount of $5,677.34. 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, Plaintiffand/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 November 2, 2005. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $5,677.34. 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: G~~~~1r~ ~~ Heather Clary Assistant Director of Forwarding Subscribed and sworn before me December 19, 2006. No Pu lic: Pamela Blankenship ,••'~QP~ ~a et~, dy. My Commission Expires: 9/30/2010 2;' ~,. ~: THIS COMMUNICATION IS FROM A DEBT COI I.,ECTOR %~'3~; ~'ii~~A ?,~'~~.' a •.......• a, .,,~~v8+ ;o ~~~~~~. GORDON & WEIlVBERCi P.C.: JAFF- 2529818 j Atlantic Credit & Finance, Inc. Report Date ~ +~~~~~~~ ACCOt3nt Stat@m®nt 12/09/2006 12:99:3 CSEOrt iR M+ICrCRP0~Ir1f0 1 Our Account ID: 2529818 Account Number: 5407900160333810 Status: LOJ Received: 04/20/2006 Original Balance: $ 5,677.34 Amount Paid: $ 0.00 Name: BAUER, BETTY J Other Name: Streets: 119 FARM RD Street2: City, State Zip: NEWVILLE, PA 17241-9508 SSN-Last 4 Digits: 6160 HomePhone:7177764064 WorkPhone: 111 Date Type Matched Check No Invoiced Amount Comment No Payments Received paywnt Type 'plJ','PA','PC' - Payment payment Type 'PUR','pAR','PCR' - Returned Payment NSF Pa4et NO: Coaiidential property of 1-tluitie Credit ie linaace Inc. 7o n `-a -v ~ ~ ~ r;f _~ ~ ~~'~ _ ~ Z t7 <C:' N .a ..~ ~ b ~ ~' ~, w r'~ to GD SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05426 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS BAUER BETTY J R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according tQ law, says, that he made a diligent search and inquiry for the within named DEFENDANT BAUER BETTY J but was unable to locate Her ~n his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT BAUER BETTY J 119 FARM ROAD NOT FOUND as to NEWVILLE, PA 17241-9508 DEFENDANT PASSED AWAY VAST WEEK. DAUGHTERS ARE CAROLYN TELEAGO 657-2253 AND BARBARA SHOFF 776-9396. Sheriff ' s Costs : So answer,,:.------'-'~ ~ 16.0 0 r.,..-~~- ., J _~---~' ~~--~-"""" Docketing Service 10.56 -~~'"~ _~~..-~ Not Found 5.00 R. Thomas-Kline Surcharge 10.00 Sheriff of Cumberland County 00 grzy,p~ ~/ 43.56 GORDON & WEINBERG 09/19/2007 Sworn and Subscribed to before me this day of , A.D.