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Home My WebLink About07-75262040954 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. Successor in Interest to Metris 2727 Franklin Road Roanoke VA 24014 VS. ANN LUCAS 4820 CHARLES MECHANICSBURG RD PA 17050-3077 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 01- 7501(o CiviI T?ecM 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(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 $11,928.14. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $11,928.14 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 November 30, 2005. WHEREFORE, plaintiff claims of the defendant(s) the sum of $11,928.14 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI BER ESQUIRE JOEL M. FLINK, E E Attorney for Plaintiff P01A.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. FREDERIC I. WEI ER , ESQUIRE ATLANTIC CREDIT & FINANCE, INC. V. ANN LUCAS 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 METRIS BANK Account No. 4 8'00461 892281. Finance, I Account was charged off on January 31, 2006 and subsequently sold to Ailantic Credit a balance of $11,928.14. 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) of all liens andt encumbrances; title 3)ntdhinterest ad the in the account; 2) the account was free and clear power, authority, and full right to sell and convey its interest in the account. 5. According to Plaintiff's records, the last payment if any, there is 30, 2005. balance duelandion of all payments, credits, adjustments, and lawful o owing on this indebtedness of $11,928.14. 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. ?QLC By: Heather Clary Assistant Director of Forwarding Subscribed and sworn before me August 28, 2007. ?4?gy•,`L?' Z CCU%l 6 : ? Jamie on, Not ublic . Ebcp"'?SS1oy My Commission Expires: 2/28/201,1%?'` !l Q Fq?TN OF VI"NG\X% THIS COMMUNICATION IS FROM A DEBT COLLECTORo,, GORDON & WEINBERG P.C.: JAFF- 2344674 Report Date Atlantic Credit & Finance, .Inc. 08/15/2007 17:12:40 Account Statement C Cff & FINANCE iNC MKWATED, I Our Account ID: 2344674 'Status: LGJ Account Number: 5458004610892281 Received: 02/24/2006 Charge Off Date: 01/31/2006 11,928.14 Original Creditor 'Last Pay Date: 11/30/2005 Purchase Balance: $ Amount Paid: $ 0.00 Remaining Balance: $ 11,928.14 Name: LUCAS, ANN Other Name: Paulette Streetl: 4820 CHARLES RD Street2: City, State Zip: MECHANICSBURG, PA 170503077 SSN-Last 4 Digits: 2414 HomePhone:7177373855 WorkPhone: 7173025773 Comment Date Type Matched Check No Invoiced Amount No Payments Received i 1 , jPayment Type 'PU','PA','PC' - Payment Payment Type 'PUR','PAR','PCR' - Returned Payment NSF Page No: 1 Confidential Property of Atlantic Credit & Finance Inc. * 00 p 0 n`? rry D co SHERIFF'S RETURN - REGULAR CASE NO: 2007-07526 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS LUCAS ANN 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 LUCAS ANN the DEFENDANT , at 1020:00 HOURS, on the 28th day of December , 2007 at 4820 CHARLES RnAn MECHANICSBURG, PA 17050-3077 by handing to ANN LUCAS 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 12.48 Affidavit .00 Surcharge 10.00 .00 1169At ?- 0.48 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 01/02/2008 GORDON & WEINBERG By. Deputy Sheriff A. D. 18 2040954 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 Successor in Interest to Metris COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ANN LUCAS DOCKET NO. : 07-7526 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 Total: $11,928.14 $11,928.14 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.Successor in Interest to Metris and that the last known address of defendant, ANN LUCAS, 4820 CHARLES RD, MECHANICSBURG PA 17050-3077. 2. The annexed notice(s) of intention to file this 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 2007 Judgment is entered in favor of the plaintiff(s) and agai st defendant(s) by default for want of an answer and damages assessed at the sum of , $12,061.12 as per the abo7oL ce4tificAion. Pr4thonota GORDON & WEINB G, P.C. BY: FREDERIC I WE BERG, ESQUIRE JOEL M. FL , ESQUIRE Attorney for Plaintiff 2040954 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. Successor in Interest to Metris Vs. ANN LUCAS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-7526 NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA Douglas C. Lovelace, Jr. And Ann Lucas 36 Donegal Drive 4820 Charles Rd Carlisle, PA 17013 Mechanicburg, PA 17050 DATE OF NOTICE/FECHA DEL AVISO: December 9, 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: FRE ERIC I. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE P10D-2 47 A ?r O \3v 0 c? °re .o :jg Q ? 2040954 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. Successor in Interest to Metris VS. ANN LUCAS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-7526 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. 1X1 Judgment by Default $11,928.14 L? Money Judgment $ Judgment on Award of Arbitrators$ L_L Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 Awp &?VM4 P THONOTA