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Home My WebLink About07-7525 2042734 THIS IS AN ARBITRATION MATTER. 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 ASSESSMENT OF Atlantic Credit & Finance Inc. Assignee from Household Bank 3353 Orange Avenue Roanoke, VA 24012 VS. JEREMY W MUTHERSBAUGH 821 N WALNUT ST MECHANICSBURG PA 17055-2887 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 67 - 76A6 C,ivit Ter-p. 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 a 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 $2,073.55. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,073.55 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 4L 7. Defendant's last payment on account was made on 9/15/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,073.55 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EI BERG, ESQUIRE JOEL M. FLIN , ESQUIRE Attorney for Plaintiff PO1A.DB 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. ."n FREDERIC I. BERG, ESQUIRE ?e a7 ATLANTIC CREDIT & FINANCE, INC. V. JEREMY W MUTHERSBAUGH 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. • Plaintiffs principal business consists of purchasing charged off receivables. 2. The Defendant defaulted on HOUSEHOLD BANK Account No. 5176690015421238. Said Account was charged off on January 31, 2007 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $2,073.55. 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 September 15, 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 $2,073.55. 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 00 E and sworn before me October 4, 2007. %Pe. ...... Jam' E on, t blic MV?OINSS ?s My Commission Expires: 2/28/2011 ; kpIR s r"? . "Oil -Z THIS COMMUNICATION IS FROM A DEBT COLLECTOR 4/ rH OF ??????? GORDON & WEINBERG P.C.: JAFF- 3004945 00 b a r ? z V 4 ?C n* FOR w Cn --c V SHERIFF'S RETURN - REGULAR CASE NO: 2007-07525 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS MUTHERSBAUGH JEREMY W SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MUTHERSBAUGH JEREMY W the DEFENDANT , at 1643:00 HOURS, on the 27th day of December , 2007 at 821 N WALNUT STREET MECHANICSBURG, PA 17055-2887 by handing to JENNIFER MUTHERSBAUGH WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 V69/0 f?. ? 37.60 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/28/2007 GORDON & WEINBE By. eputy Sheriff of A. D. V 2042734 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. JEREMY W MUTHERSBAUGH COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-7525 NOTICE Pursuant to Pa.R.Civ.P. you are hereby notified you in the above proceec 1X/ 236 of the Supreme Court of Pennsylvania, that a judgment has been entered against ling as indicated below. Judgment by Default $2,189.65 Money Judgment $ Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M TELEPHONE NUMBER: 484/351-0500 NOTICE, PLEASE CALL FLINK, ESQUIRES AT THIS PROTH OTARY 1 2042734 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from Household Bank VS. JEREMY W MUTHERSBAUGH COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-7525 PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $2,073.55 Costs (Complaint & Service) $116.10 Total: $2,189.65 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: Atlantic Credit & Finance Inc.Assignee from Household Bank and that the last known address of defendant, JEREMY W MUTHERSBAUGH, 821 N WALNUT ST, MECHANICSBURG PA 17055-2887. 2. The annexed notice(s) of intention to file this Li • praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. AND NOW, this day of 2008 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $2,189.65 as per the above cert. ication. -- 11 Protho otary GORDON & WEINBERG, P.C. BY: FREDERIC I WEIN RG, ESQUIRE JOEL M. FL SQUIRE Attorney for Plaintiff 2042734 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. JEREMY W MUTHERSBAUGH COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-7525 NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA JEREMY W MUTHERSBAUGH 821 N WALNUT ST MECHANICSBURG PA 17055-2887 DATE OF NOTICE/FECHA DEL AVISO: January 18, 2008 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: FRED I. WEINBERG, ESQUIRE JO M. FLINK, ESQUIRE P10D-2 " - T --? , rv cil < or '"L 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 2042734 Atlantic Credit & Finance Inc Assignee from Household Bank 3353 Orange Avenue Roanoke, VA 24012 VS. JEREMY W MUTHERSBAUGH 821 N WALNUT ST MECHANICSBURG PA 17055-2887 and Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-7525 PRAEC IPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against JEREMY W MUTHERSBAUGH (2) against Commerce Bank (3) AMOUNT DUE INTEREST from February 28, 2008 COSTS Prothonotary fee Sheriff fee defendant(s)and garnishee(s) $2,189.65 $146.81 TOTAL FREDERIC . W9,19BERG, ESQUIRE JOEL M INK, ESQUIRE Attorn. for Plaintiff r OF 2 09 AP t 1, Ali ?S,A- so PiD A-ty`( h8.5o ?p,F ka so a, P A pTY*l { a $a. 00 .5 6 LL clc - g030 at asvsu4co L Ilk WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7525 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ATLANTIC CREDIT & FINANCE INC., Assignee from HOUSEHOLD BANK, Plaintiff (s) From JEREMY W. MUTHERSBAUGH, 821 N. Walnut St., Mechanicsburg, PA 17055-2887 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: COMMERCE BANK, 65 Ashland Avenue, Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,189.65 Interest from 2/28/08 -- $146.81 Atty's Comm % Atty Paid $157.10 Plaintiff Paid Date: 4/14/09 L.L. $.50 Due Prothy $2.00 Other Costs C s R. Long o tary (Seal) By: Deputy REQUESTING PARTY: Name JOEL M. FLINK, ESQUIRE Address: GORDON & WEINBERG, PC 1001 E HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41200 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. JEREMY W MUTHERSBAUGH 821 N WALNUT ST MECHANICSBURG PA 17055-2887 and Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 GARNISHEE DOCKET NO. : 07-7525 P p's E?SQ -4O INTERROGATORIES IN ATTACHMENT TO: Commerce Bank - GARNISHEE You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? Defendant had account 537910143 held jointly with Jenifer Nuthersbaugh, with a balance of $451.28. Defendant did not receive $300 2. At the time you were served or at any subsequent time exmPtion was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. See answer to question 1 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest. See answer to question 1 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? no r 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and what was the consideration thereof? no 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his(her, their) direction or otherwise discharge any claim of the defendant(s) against you? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. See answer tbostion 1 B. If you are a at or other financial institution, at the time you were served or any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, identify each account. to question 1 9. How rhan?fwthe value of any property in your possession belonging to the defendant(s)? FREDERI I.4IWEINBERG, ESQUIRE JOEL M. LINK, ESQUIRE Attorn for Plaintiff DATED: VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Commerce Bank/Harrisburg, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. ?? FILED OF Trll= !?.TAPY 2009 APR 27 All 10.4 8 i ;, Sheriffs Office of Cumberland County R Thomas Kline tr of cumbrr?? Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy orf'cE ,'F THE s"ERIFr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/23/2009 09:05 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 04-23-09 at 0905 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jeremy W. Muthersbaugh, in the hands, possession, or control of the within named garnishee, Commerce Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Mary Bellew, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made tho contents there of known to her. The writ of execution and notice to defendant was mailed on 04-27-09 to Jeremy w. Muthersbaugh, at 821 N Walnut Street, Mechanicsburg, PA 17055. 2007-7525 Atlantic Credit vs Jeremy Muthersbaugh So Answers, R. Thomas Kline, Sheriff By n.L7 ?I Flip CD ~ ; 2042734 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ENQUIRE identification No.: 41300 1001 X. Heater Street, Its 230 Conshohocken, PA 16428 464/381;0600 Atlantic Credit & Finance Inc. COURT OF COMMON PLEAS Assignee from Household Bank CUMBERLAND COUNTY 0 VS. DOCKET NO. : 07-7525 E JEREMY W MUTHERSBAUGH and Commerce Bank Garnishee TO THE PROTHONOTARY : Kindly dissolve the attachment of the defendant's bank account with Commerce Bank, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FR RIC . WEINBERG, ESQUIRE J M. PLINK, ESQUIRE torney for Plaintiff POIl of THE E, , i "TORY ZQQ9 ?? Y - ? ? 1 ? 2 cure f , .r , . ??3 '(w},/,AtNI Ut -A T-6 d S-4 2042734 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from Household Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. JEREMY W MUTHERSBAUGH DOCKET NO. : 07-7525 SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this September 21, 2009, it is suggested of record that Defendant, JEREMY W MUTHERSBAUGH, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about September 11, 2009, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 09-07015. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff r T ?r P. "? ! Cl? I Gr h? ,, 2009 S E P 28 F'° ;D b" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ZC i _ E ` 2' Edward L Schorpp Solicitor f1 Atlantic Credit & Finance Inc., Assignee from Household Bank Case Number vs. Jeremy W Muthersbaugh 2007-7525 SHERIFF'S RETURN OF SERVICE 04/23/2009 09:05 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 04-23-09 at 0905 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jeremy W. Muthersbaugh, in the hands, possession, or control of the within named garnishee, Commerce Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Mary Ballew, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on 04-27-09 to Jeremy w. Muthersbaugh, at 821 N Walnut Street, Mechanicsburg, PA 17055. 03/31/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $75.93 March 31, 2010 SO ANSWERS, RON W R ANDERSON, SHERIFF B baron R. Lantz 6Z /? 3/57q