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Home My WebLink About07-7527 2043031 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FUNK, 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 vs. MARK J DEPUE 46 Brian Drive Carlisle PA 17015 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : D? - 7-sa, 7 C IVL t Tem 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)tae 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 $14,004.58. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $14,004.58 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. dq. 7. Defendant's last payment on account was made on November 16, 2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $14,004.58 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE NB G, ESQUIRE JOEL M. FLINK, SQUIRE Attorney for Plaintiff P01A. DB VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. W INBE G, ESQUIRE ATLANTIC CREDIT 8 V. FINANCE, INC. MARK J DEPUE AFFIDAVIT OF DE$T AND VERIF ?O The undersigned being IED BILL OF PARTICULARS he policies and first duly sworn according to law d stated herein, an?a?s practices !1 as well as the books and , eposes and based on information and belief states as of the plaintiff 10 says that she is familiar with as follows: h respect to the matters 1' Plaintiff's Principal business consists of 2. The Defendant defaulted on Purchasing charged Off receivables. Account was charged off on ebUSEHOLD BANK Account No. 5466410302922825 Said with a balance of $14,004.58 andbSeLluently sold to Atlantic Credit 3. Pla'ntiffPurchased or was & Otherwise assigned this charged off a a result of he fo going sale in the charged off acco untand assignment, the Plaintiff succetalong with other debts. As , and it now owns he account. to all right, title and interest 4. Plaintiff conducted a due dill the account information pro deed to eStigation to determine demand or institution of suit, certain whether ' among other things, he accuracy of Further, Plaintiff and/or itthe statute of s Pr deecessor entered into a bar to the predecessor made representations and warranties that 1 the account; e nto a contract where it had cl ri ' 2) the account was free and clear of all liens and encumbar lht, title and interest in power, authority, and full right to sell and convey its interest in the account. ces, and 3) it had the S. According to Plaintiff's aunt. Of all a records, the last Payment date was November 16, 2006. After application o?g nn this iindebtedness 1of $140 and lawful offsets, if any, there is still a balance due and 04.58. 6. The internal Account Statement of Plaintiff is attached hereto as Exhibit A and account information that was provided to Plaintiff at the time of P nme urchase and assignme the nt. The foregoing is true and correct to the best of my knowledge and belief. By: Heather Clary Assistant Director of Forwarding Subscribed and sworn before me October 16, 2007, ``?v *! r r r r r ami on Public _ : Rc 3L/C u r My Commission Expires: 2/28/2011 THIS COMMUNICATION IS FROM A DEBT COLLECTOR'. ?''' ? ? G.? ?• •' ? c,;?' .` GORDON & WEINBERG P.C.: JAFF- 3040121 + r r i i fian4i Atlantic Credit own & Finance. Inc. Account Statement Report Date Our Account ID: 3040121 09/28/2007 09:32:01 Account Number: 5466410302922825 Received: 03/20/2007 Purchase Balance: $ 14, 8 Amount Paid: $ 0.00 Rmaining ` Balance: $ 14,004.58 Name: DEPUE, MARK J -------- Other Name: Streetl: 621 TODD CT Street2: CitY, State Zip: LEWISBERRY, PA 17339-8708 low Date Type Matched Check No No Payments Received Status: LGJ Charge Off Date: 02128/2007 Original Creditor Last pa y Date: 1111612006 SSN-Last 4 Digitsi HomePhone:_ WorkPhone: Invoiced Amount Comment IymBnt Typg 'PU, ,pA, PC yment Type 'PURr,'PAR',r - Payment PCR' - Returned Payment NSF page Nos 1 Confidential Property Of Atlantic Credit i Finance Inc. quo ??pp ?-l s# 00 0 °. 9.5 d W ? ` L co W Ito f ,:r f C%A SHERIFF'S RETURN - REGULAR CASE NO: 2007-07527 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS DEPUE MARK J STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DEPUE MARK J the DEFENDANT , at 0915:00 HOURS, on the 27th day of December , 2007 at 46 BRIAN DRIVE CARLISLE, PA 17015 MARK DEPUE by handing to 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 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 %f C ??cu ??, ?? 3 82 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/28/2007 GORDON & WEINBERG By: Deputy Sheriff of A. D. 2043031 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. MARK J DEPUE DOCKET NO. : 07-7527 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 $14,004.58 Costs (Complaint & Service) $111.30 Total: $14,115.88 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, MARK J DEPUE, 46 Brian Drive, Carlisle PA 17015. 2. The annexed notice(s) of intention to file this 'y 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 , $14,115.88 as per the above certiAica?ion. / 1 ProthonotKry GORDON & WEINBERG, P.C. BY: FREDERI I. W INBERG, ESQUIRE JOEL M. LI , ESQUIRE Attorney or Plaintiff 2043031 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. MARK J DEPUE TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-7527 NOTICE OF INTENTION TO TAKE DEFAULT MARK J DEPUE 46 Brian Drive Carlisle PA 17015 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 IC I. WEINBERG, ESQUIRE JO M. FLINK, ESQUIRE P10D-2 e"'` na a l E , --C 2043031 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. MARK J DEPUE DOCKET NO. : 07-7527 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. LL Judgment by Default $14,115.88 Money Judgment $ Judgment on Award of Arbitrators$ ?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 PROTHON ARY .?/,2 -// o'? 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 VS. MARK J DEPUE 46 Brian Drive Carlisle PA 17015 and Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 GARNISHEE 2043031 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-7527 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against MARK J DEPUE defendant(s)and (2) against Commerce Bank garnishee(s) (3) AMOUNT DUE $14,115.88 INTEREST from February 27, 2008 $920.02 COSTS Prothonotary fee Sheriff fee TOTAL FREDER WEINBERG, ESQUIRE JOEL FLINK, ESQUIRE Attor ey for Plaintiff . rr F:._ ?E3- FF .,E OF Ire , ,r?? F!..t T 2099 AF R 14 AM 9: 4 7 MY?r-1w aL.' +JUI Y! 1 44. so p 6 An-y U-80 CSF 1q. 00 " a.so .` f52 .30 - PTS ATTY U-oo Due Co • So u. act This 1 IU4 aa36gq Wrij 4 E? Z"AA-ad w +. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7527 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 MARK J. DEPUE, 46 Brian Drive, Carlisle, PA 17015 (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 $14,115.88 Interest from 2/27/08 -- $920.02 Atty's Comm % Atty Paid $152.30 Plaintiff Paid Date: 4/14/09 L.L. $.50 Due Prothy $2.00 Other Costs Cu s R. Long,Petl oary (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 Sheriffs Office of Cumberland County R Thomas Kline ??tti?r a1 ?u?n4rr?? Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy orf'aE c- 1,E `-"-ERIFF 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: Mark J. Depue, 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 Mark J. Deput at 46 Brian Drive, Carlisle, PA 17015. 2007-7527 Atlantic Credit vs Mark J. Depue So Answers, R. homas Kline, eriff By Deputof Sher' f -w _ r `t7? C7 fi I TI 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 VS. MARK J DEPUE 46 Brian Drive Carlisle PA 17015 and Commerce Bank 65 Ashland Avenue Carlisle, PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 07-7527 W6? INTERROGATORIES IN ATTACHMENT T0: 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 537376790 held jointly with Nicole S Gsell, with a balance of $549.55. Account has direct deposit (payroll) Defendant did notreceive $300 exemption. 2. At the time you were served or at any subsequent time 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 atraanyersubsequent n did you hold legal te b°Y tany he defendant or in which owned solely or in part time 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? See answer to question 1 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 moor property to place defendant(s) or to any person his(her, their) direction or otherwise discharge any claim of the defendant(s) against you? No 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 to question 1 8. If you are a bank 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. See answer to question 1 g. How much is the value of any property in your possession belonging to the defendant(s)? FREDERIC hN I BERG, ESQUIRE JOEL M. F ESQUIRE Attorney laintiff DATED: W r VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jenni(Nami) ish of Commerce Bank/Ilarrisbur, garnishee herein, Lew Specialist (Company) (Title) 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-Orr-ICE OF THE PRO .F-10NOTARY 2009 MAY I I AID I I: I o CUM-?n: ,?-IJNTY 2043031 W 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. COURT OF COMMON PLEAS Assignee from Household Bank CUMBERLAND COUNTY vs. MARK J DEPUE and Commerce Bank Garnishee DOCKET NO. : 07-7527 PRAECIPE TO DISSOLVE ATTACHMENT 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: FREDERIC I PKK, BERG, ESQUIRE JOEL M. F'LSQ UIRE Attorney for Plaintiff Poll FUD-ClfflCE OF THE 1RIC)THIONOTARY 7009 JUN -4 PM 1= 15 CtJM8 .i.- I , ;. E•,u, s. PENNSYLVANIA .*8. oo p o ATr4 CV"f so -t449 e u(oa48 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor l%-' 0i .. c Atlantic Credit & Finance Inc., Assignee from Household Bank vs. Mark J Depue SHERIFF'S RETURN OF SERVICE Case Number 2007-7527 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: Mark J. Depue, 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 Mark J. Deput at 46 Brian Drive, Carlisle, PA 17015. 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 f {= C'U';ir . :"T ' SO ANSWERS, RON R ANDERSON, SHERIFF ]By Sharon R. Lantrz SHERIFF'S OFFICE OF CUMBERLAND COUNTY