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Home My WebLink About07-72804. 2041379 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. DOUGLAS LERCH JR 410 LONGVIEW AVENUE NEW CUMBERLAND PA 17070-3045 DOCKET NO. : 6q- 7,280 C jvi( left 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 q. 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 plaintiffs 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 $5,471.25. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $5,471.25 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 07/13/2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $5,471.25 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01A.DB / A% 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. WEI G, ESQUIRE :? r ATLANTIC CREDIT & FINANCE, INC. , V. OY ( 7? DOUGLAS LERCH JR 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. 5480420019640901. Said Account was charged off on December 30, 2006 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $5,471.25. 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 July 13, 2006. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $5,471.25. 6. The internal Account Statement of Plaintiff is attached hereto as Exhibit A and displays the account information that was provided to Plaintiff at the time of purchase and assignment. The foregoing is true and correct to the best of my knowledge and belief. By: heather Clary Assistant Director of Forwarding ';\E E. ? '' . Subscribed and sworn before ' me September 12, 2007. NoT •O,S2 n, Pub My Commission Expires: 2/2$ THIS COMMUNICATION IS FROM A DEBT COLLEG?'PO? ?"r GORDON & WMNBERG P.C.- )AFF- 2962579 Atlantic Credit & Finance, Inc. Report Date oimmfic Account Statement 08/30/2007 15:42:38 Our Account ID: 2962579 Account Number: 5480420019640901 Status: LGJ Received: 01/18/2007 Charge Off Date: 12/30/2006 Purchase Balance: $ 5,471.25 Original Creditor Last Pay Date: 07/13/2006 Amount Paid: $ 0.00 Remaining Balance: $ 5,471.25 Name: LERCH JR, DOUGLAS Other Name : Streetl: RR 1 BOX 1191 Street2: City, State Zip: BLAIN, PA 17006-9421 SSN-Last 4 Digits: 6729 HomePhone: 8125360026 WorkPhone: 7176973524 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 not 1 Confidential Property of ]Atlantic Credit ! riaanoe sac. O d c ; - r su ?-_ C-n 2041379 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 VS. DOUGLAS LERCH JR COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07- USO PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE ERG, ESQUIRE JOEL M. FLI , ESQUIRE Attorney for Plaintiff P006 ?;' " ,?..: ?, ,.t ? f rX `IL -OFFICE: LOWER ALLEN TOWIi}SiH IVI E i" I O T H O N O 20_14 SEP -_3__PI_12. JMBERLAND COUNTY DAVID HOERNLE PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Judgment in favor of Plaintiff on for $ 628.20 No. _fla 7280 CIVIL Term, Entered _DECEMBER J 5 20_0_ MB LOWER ALLEN TOWNSHIP Plaintiff in the above Judgment, do appear and acknowledge that JULY 1 0, 201 4 this day have had and received and from _____________DASZiII_ HOERNJ,E the defendant in the above Judgment, full payment and saisfaction of the sante. with interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. And further, do hereby authorize and empower DAVID D BUEL L theProthonotary of said Court, to appear FOR US and in OUR name and stead to enter full satisfaction upon the record of said Judgment, as fully and effectually, to all intents and purposes, as WE could were WE personally present in person to do so. And for so doing this shall be your sufficient warrant of authority. In testimony whereof, have hereunto set our hands and seals this day of State of Pennsylvania County of Cumberland, I Personally appeared before me, the subscriber, RICHARD GROVE FINANCE DIRECTOR (Seal) (Seal) (Seal) LOWER ALLEN TOWNSHIP the Plaintiff in the above Judgment, and in due form of law acknowledged the within and foregoing Power of Attorney to satisfy the Judg- ment set forth, to be act and deed, and desired that the same shall be filed of record in the office of the Prothon- otary of the Court of Common Pleas of said County. In tes .... y whereof, I have hereunto set my hand and seal this vt A. D. 2° COMMON ►1' u_: _ Notarial Sealpublic Staci Lynne Morgan, Notary Lower Allen Twp., Cumberlan2County 6 My Commission Expir�Oct. 2 ,ONOTA M MBER, PENNSYLVANIA AS (Seal)