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HomeMy WebLinkAbout08-01982042945 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 VS. THIEU T TRAN 219 S 18TH ST, APT 1 CAMP HILL PA 17011-5514 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. _ IC?g Olvi1Tem 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 and there remains a balance due in the amount of $7,347.09. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $7,347.09 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 7/27/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $7,347.09 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EIN ERG, ESQUIRE JOEL M. FLIN 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 ERG, ESQUIRE ATLANTIC CREDIT & FINANCE, INC. V. A THIEU T TRAN W, 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. 5466410002658869. Said Account was charged off on February 28, 2007 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $7,347.09. 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 27, 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 $7,347.09. 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: OUU? Heather Clary Assistant Director of Forwarding Subscribed and sworn before me October 16, 2007. Jami hnson, blic - r My Commission Expires: 2/28/201 THIS COMMUNICATION IS FROM A DEBT COLLECTOR; CORDON & WE NBERG P.C.: 3AFF- 3037471 Y 0 0 y -64 U O b -rj ^} i S { s 0 I I SHERIFF'S RETURN - REGULAR I CASE NO: 2008-00198 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS TRAN THIEU T JESSICA HERMANSEN , Sheriff or Deputy Cumberland County,Pennsylvania, who being duly swo says, the within COMPLAINT & NOTICE was ser eriff of according to law, d upon TRAN THIEU T the DEFENDANT at 1902:00 HOURS, on the 22nd day of January , 2008 at 219 S 18TH STREET APT 1 CAMP HILL, PA 17011-5514 by handing to SANDRA TRAN, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to tle contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge )/dq )08 So Answers: 18.00 14.40 . 00 10.00 R. Thomas .00 42.40 01/23/2008 GORDON & WE Sworn and Subscibed to By: before me this day of A.D. ine' ERG i De y Sheriff ATTORNEY FOR DEFENDANT JAMES M. BACH, ESQUIRE I.D. 18727 352 S. Sporting Hill Road Mechanicsburg, PA 17050 (717) 737-2033 Atlantic Credit & Finance Inc. Assignee from Household Bank COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PA vs. THIEU T. TRAN DOCKET NO. ANSWER TO COMPLAINT AND NOW comes the Defendant THIEU T TRAN, and files the within ANSWER TO THE WITHIN COMPLAINT. 08-198 ADMITTED in part, DENIED in part. It is admitted that the plaintiff is a debt buyer but it is denied that they are a successor in interest to the original creditor as there has been no evidence submitted or attached to the complaint to establish the veracity of this allegation. 2. DENIED. The answer to the prior paragraph is incorporated herein by reference and there is no evidence or contracts attached to this complaint to show that the defendant was a holder of this card or account. 1-7. ADMITTED IN PART AND DENIED IN PART. It is admitted that the defendant has been named in this civil lawsuit but it is denied that this defendant received and accepted goods and merchandise from this plaintiff. This plaintiff did not issue any goods or services to the defendant. Further, this plaintiff does not have standing to enforce any action against the defendant at this time. It is more specifically denied that this plaintiff is due and owing $7, 347.09. It is also denied that the defendant's last payment was made on 7-27-06. WHEREFORE, defendant respectfully prays that this civil complaint be dismissed. Respectfully Submitted, Dated: February 19, 2008 BY: JamTe;for Bach, Esquire Atto Defendant Z 'CI y OZ 23J 800Z 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 T? E PROTHOINgrT'`t"' I 2011 SEP 15 PM 2: 2 9 CUMBERLANC COM Y PENNSYLVANIA Atlantic Credit & Finance Inc. Assignee from Household Bank VS. THIEU T TRAN COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-198 STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff intends to proceed with the above-captioned matter. GORDON & WEINBERG, P.C. BY: FREDER C I. EINBERG, ESQUIRE JOEL M. NK, ESQUIRE .??Attorney for Plaintiff Dated CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of foregoing pursuant to Pa.R.C.P. 10289)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I. WEINBERG, ESQUIRE Dated:O/I If i h P018 2042945 CORDON t~ WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 4!1360 JOE:, M. FUNK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Ccnsr;ohocken, PA 19428 484%~s51--0500 Atlantic Credit & Finance Inc Assignee from. Household Bank VS. THIEtJ T IRAN COURT OF COMMON PLEAS CUMBERLANC~ CO[1NTY DOCKET N0. 08-198 PRAECIPE TO WITHDRAW COMPLP,INT TC THE 1?R.OTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. CORDON & WEINBERG, P.C. ~~ BY _ FREDERIC I. W INBE G, ESQUIRE JOEL M. FLINK,.'._ESQUIRE ~'~ttorney for 1?laintiff P006 CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date be]_ow, served a copy of the Praec:ipe to Withdraw Complaint to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-~:~a~d, to all othe~~ parties or their counsel of record. r FREDERIC`I. ~VEINBERG, ESQUIRE Dated ~~`