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Home My WebLink About07-76352042837 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. JOHN M LAHUTSKY 2201 GLEIM CT ENOLA PA 17025-1491 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 1 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, if available, is attached hereto as Exhibit "A". 5. All the credits to which the defendant (s) is entitled have been applied an there remains a balance due in the amount of $14,276.39. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $14,276.39 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 6/19/06. WHEREFORE, plaintiff claims of the defendant (s) the sum of $14,276.39 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. ft-INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE 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. VJ&I_NBE:6G, ESQUIRE do qo?3 57 ATLANTIC CREDIT & FINANCE, INC. V. JOHN M LAHUTSKY 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 uusiness consists of purchasing charged off receivables. 2. The Defendant defaulted on HOUSEHOLD BANK Account No. 5467020007351557. Said Account was charged off on January 31, 2007 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $14,276.39. 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 Plaintiffs records, the last payment date was June 19, 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 $14,276.39. 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: olzz)12 ? Heather Clary - Assistant Director of Forwarding Subscribed and sworn before me October 4, 2007. o1E E J() ivQr ti Jame son, ota ublic = My 11, -46 My Commission Expires: 2/28/2011 - , •• aP?iss tv "Oil THIS COMMUNICATION IS FROM A DEBT COLLECTO47N'OF r+l11111t?` GORDON & WEINBERG P.C.: JAFF- 3004924 R? D 06 C.) O w d ?s. OD C O C- c .. -n K am --4 r1lf?r, U)ry^ ? +l?-" O a. (. - ( r1 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07635 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS LAHUTSKY JOHN M R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LAHUTSKY JOHN M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , LAHUTSKY JOHN M NOT FOUND , as to 2201 GLEIM CT ENOLA, PA 17025-1491 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVED DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: So answers. Docketing 18.00 Service 57.60 Not Found 5.00 R. T s Kline Surcharge 10.00 Sheriff of Cumberland County .00 ?ld?lioP ?x, ? 90.60 GORDON & WEINBERG 01/22/2008 Sworn and Subscribed to before me this day of A.D. 2042837 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. JOHN M LAHUTSKY COURT OF COMMON PLEAS CUMBERLAND COUNTY ff1- DOCKET NO. 07?r SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this November 12, 2008 it is suggested of record that Defendant, JOHN M LAHUTSKY, filed a petition in bankruptcy under Chapter 13 of the Bankruptcy Code on or about November 7, 2008, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 1:08bk04158. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: FREDERIC I. W RG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff -?a ' ` .,: ra i ? J '"R:: ,?.l + Ty _ t? ,? ? 'r? 7`Tt {? i e ,,, _ r: