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HomeMy WebLinkAbout08-21662046649 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 HSBC 3353 Orange Avenue Roanoke, VA 24012 VS. HIEP BUI 4802 BRIAN RD MECHANICSBURG PA 17050-3013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : d$ - 02l(0(0 Civil -TirfA 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 $2,497.45. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,497.45 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 9/28/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,497.45 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: ?f= FREDERIC I. INB G, ESQUIRE JOEL M. FLINK, QUIRE Attorney for Plaintiff P01A.DB VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements Name Wq U.,)4 ATLANTIC CREDIT & FINANCE, INC. V. HIEP BUI 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 HSBC Account No. 5491098610465550. Said Account was charged off on May 31, 2007 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $2,497.45. 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 28, 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 $2,497.45. 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: en.? a?? Heather Clary Assistant Director of Forwarding gE, E.,,/oy Subscribed and sworn before me January 15, 2008. ? TAR' - ? kP- P U ? : 'qEO, * eUC : ? Tp70" anne . J son otary b ' °i sstonr ' My Commission Expires: 2 81201 oy .•'\??? -40 THIS COMMUNICATION IS FROM A DEBT COLLECT4'??;;;; OF01 GoFMN & WEINBERG P.C.: JAFF- 3158804 WAtImfic C'& T9D Atlantic Credit & Finance, Inc. Report Date Account Statement 12/26/2007 17:06:29 Our Account ID: 3158804 Account Number: 5491098610465550 Status:LGJ Received: 06/20/2007 Charge Off Date: 05/31/2007 Purchase Balance: $ 2,497.45 Original Creditor Last Pay Date: 09/28/2006 Amount Paid: $ 0.00 Remaining Balance: $ 2,497.45 Name: BUI, HIEP Other Name: Streetl: 4802 BRIAN RD Street2: City, State Zip: MECHANICSBURG, PA 17050-3013 SSN-Last 4 Digits: 7556 HomePhone: 7177311833 WorkPhone: Date Type Matched Check No Invoiced Amount Comment No Payments Received Payment Type 'PU','PA','PC' - Payment Payment Type 'PUR','PAR','PCR' - Returned Payment NSF Pago No: 1 Confidential Property of atlantic credit a ¦inance inc. ? C ?° caa (? 0 , r ? ?? ? R 0 ? w ? ? (f) . ?'? ? (? . ? t ? ' J ? TJ ? r.-, ? , ? -T ? w ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-02166 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS BUI HIEP RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BUI HIEP the DEFENDANT , at 1019:00 HOURS, on the 11th day of April 2008 at 4802 BRIAN ROAD MECHANICSBURG, PA 17050-3013 by handing to HIEP BUI 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 12.00 Affidavit .00 Surcharge 10.00 y/,2 E/O P 9- . 0 0 40.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/15/2008 GORDON & WEINBERG By: Deputy Sh iff A. D. r 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 2046649 Atlantic Credit & Finance Inc. Assignee from HSBC VS. HIEP BUI COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-2166 CIVIL TERM 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: $2,497.45 $2,497.45 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 HSBC and that the last known address of defendant, HIEP BUI, 4802 BRIAN RD, MECHANICSBURG PA 17050-3013. 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 June , 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 , $2,497.45 as per the above certifica 'on. A. A-14 P thonota GORDON & WEIN ERG, P.C. BY: FREDERIC If, NBERG, ESQUIRE JOEL M. FL K ESQUIRE Attorney for Plaintiff v r ?J 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 HSBC Vs. HIEP BUI TO/PARA 2046649 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-2166 CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT HIEP BUI 4802 BRIAN RD MECHANICSBURG PA 17050-3013 DATE OF NOTICE/FECHA DEL AVISO: May 6, 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: q 1--' FREDEI; C WEINBERG, ESQUIRE JOEL,,%M. FLINK, ESQUIRE P10D-2 r%/ O Cl n77 .0 [V_ o m u l _1 r 2046649 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 HSBC COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. HIEP BUI DOCKET NO. : 08-2166 CIVIL TERM 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. /X1 Judgment by Default $2,497.45 ?L Money Judgment $ Judgment on Award of Arbitrators$ LL 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 P THONOT SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff ? ?'nrpyr I r sY Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor OFrV E F ' .E -ERIFF 2009 DE(; -!; 3: 09 Atlantic Credit & Finance Inc. Assignee from HSBC Case Number vs. Hiep Bui 2008-2166 SHERIFF'S RETURN OF SERVICE 12/02/2009 09:55 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 2, 2009 at 0956 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Hiep Bui, in the hands, possession, or control of the within named garnishee, Charter One div. of Citizens Bank, 665 N East Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to John Cappawanna, Branch Manager 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 him. The writ of execution and notice to defendant was mailed on December 4, 2009 to Hiep Bui at 4802 Brian Road, Mechanicsburg, PA 17050. So Answers, R. By Sheriff Ici County&Ate Sheriff Teleosoft Inc. 2046649 'O&:).:)N & WETNBI;RG , p . C . TREDERIC I. WEINBERG, ESQUIRE 1dentif3Cat:iOn No. 41360 JOEL M. FUNK, ESQUIRE Identification No. 41200 F. Hector St?_-eet, Ste 220 Conshohocken, PA 19428 4841, 351-0500 J',.tlar_tic Credit & Finance Inc Assignee from HSBC 3353 Orange Avenue Roanoke, VA 24012 Vs . I?iEt' i3UI BRIAN ?D 1I: CS2t,1 G PA 1 ?0?30-3013 t:.nd Charter one, Div. of Citizens F3ani; ;55 t4orth Last S'`reet. r1-isle PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-2166 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION '"?IE PROTNONOTA] Y : Issue writ of execution in the above matter, directed to ':.?'.e S:-ieriff of Cumberland County; (1) against HIEP BIJI defendant(s)and (2) against Charter One Div. of Citizens Bank Garnishee(s) (3) AMOUNT DUI? $2,497.45 INTEREST from June '12, 2008 $202.81 COSTS (4) Less: Payments on Account ( $.00) TOTAL $2,'100, a(0 FREDERIC I. WE BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff FILED-OFFICE OF THE PROTHONOTARY 2009 NOY 19 PM 1: 35 No. oo C!,gF '18-so Iq.oo a.so 415q . so - Pb A'rri( P? a tx?, 1),? . so u G'K--d 4s63q 2A- .? 338t'S ? ` w2,-- rsp 016 er? WA-) ?T-s WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2166 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ATLANTIC CREDIT & FINANCE, INC, Assignee from HSBC, Plaintiff (s) From HIEP BUI, 4802 Brian Rd,m Mechanicsburg, PA 17050-3013 (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: CHARTER ONE DIV. OF CITIZENS BANK, 665 North East Street, 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 $2,497.45 Interest from 6/12/08 -- $202.81 Atty's Comm % Atty Paid $159.50 Plaintiff Paid Date: 11/19/09 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs /5 " d C tis R. Long, Prothonotary By: - Deputy REQUESTING PARTY: Name FREDERIC E. WEINBEROESQUIRE Address: GORDON & WEINBERG, PC 1001 E. HECTOR STREET, SUITE 2290 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION HSBC Plaintiff(s), VS. HIEP BUI Defendant(s), and RBS Citizens, N.A., Garnishee. 08-2166 ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, RBS Citizens, N.A. responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS _1_ to 9_) At the time of service of above-captioned Writ of Execution and to the present, RBS Citizens, N.A., provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of Pennsylvania, states that it maintains a checking account in the name of the defendant, HIEP BUI, with an available balance less than the garnishee's processing fee of $125.00, accordingly, no funds are being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Penny J Donaldson who being duly sworn according to the law deposes and says that she is an Operations Services Clerk, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. Penny J Donaldson Sworn and subscribed before me this A.3 day of QK-/ .2009. I", " otary blic COMMO A' N b?iLVANiA Notarial Seal Nancy J. Loy, Notary Public City of Pittsburgh, Allegheny County My Commission Expires July 22, 2012 Member. Pennsyivan°n Association of tiotarie Certificate of Service I, Penny J Donaldson, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this prepaid, this 23`d day of December, 2009. GORDON & WEINBERG, PC 1001 E HECTOR STREET, SUITE 2290 CONSHOHOCKEN, PA 19428 HIEP BUI 4802 BRIAN RD MECHANICSBURG PA 17050 Penny J Donaldson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION HSBC, Plaintiff(s), VS. HIEP BUI, Defendant(s), vs. RBS Citizens, N.A., Garnishee. 08-2166 Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, RBS Citizens, N.A. Counsel of Record for this Party: Nicholas Deenis, Esquire PA I. D. No. 62378 Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax 20{9 DEC 31 Pl 11?: 1 L* 204 664$ THE plc !.';'`,.fCjTARY 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 2010 JAN 21 Fri 4: G 9 Atlantic Credit & Finance Inc. Assignee from HSBC VS. HIEP BUI and Charter One Div. of Citizens Bank Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-2166 CIVIL TERM PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with Charter One Div. of Citizens Bank, as Garnishee in the above entitled matter. PO11 GORDON & WEINBERG, P.C. BY: FREDERIC I. W INBE ESQUIRE JOEL M. FLINK, UIRE Attorney for Plaintiff $9.oo PA AT" C& I05CA-5 0* ;5(p U33 l Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ., ._ ;_ Ti ~ r-if;~`,~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~o~ti,~ttr at ~u,r,Grr/,~~tc- .~ :'~- Atlantic Credit & Finance Inc. Assignee from HSBC Case Number vs. 2008-2166 Hiep Bui '~~ ~ ~~~,i4 t ~ '~'`~! SHERIFF'S RETURN OF SERVICE 12/02/2009 09:55 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 2, 2009 at 0956 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Hiep Bui, in the hands, possession, or control of the within named garnishee, Charter One div. of Citizens Bank, 665 N East Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to John Cappawanna, Branch Manager 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 him. The writ of execution and notice to defendant was mailed on December 4, 2009 to Hiep Bui at 4802 Brian Road, Mechanicsburg, PA 17050. 07/07/2010 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: $87.94 July 07, 2010 SO ANSW_EJRy,S~/q, / RON R ANDERSON, SHERIFF By .:- Sharon R. Lantz ~' a-DO ~d • ca. ~~ 7~ 9~// cj GounfySuite Snenrt. Telecsoft. 4nc.