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HomeMy WebLinkAbout08-28002047974 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. COURT OF COMMON PLEAS Assignee from HSBC CUMBERLAND COUNTY 3353 Orange Avenue Roanoke, VA 24012 VS. DOCKET NO. • D$- a8? Ciuit?ur? CHRISTINA L WAGNER 603 LAVINA DR MECHANICSBURG PA 17055-4943 ICE a 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 T 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 T LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. s CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 i i 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 $2,472.91. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,472.91 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 02/11/2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,472.91 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI RG, ESQUIRE JOEL M. FLI , ESQUIRE 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 ??? N ATLANTIC CREDIT & FINANCE, INC. .Z O r'n7q v. ?'1 CHRISTINA L WAGNER 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 HSBC Account No. 5491100011529057. Said Account was charged off on June 30, 2007 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $2,472.91. 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 October 25, 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 $2,472.91. 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: e5l o 4O 17 ? Heather Clary Assistant Director of Forwarding ;'??., A . T,., ^, ',. 2 Subscribed and sworn before me February 13 ''i , Y 1Vf cqu a om n, Notarf Public ivl? CGidc?,Il iu"d THIS COMMUNICATION IS FROM A DEBT COLLECTOR GORDON & WEINBERG P.C.: JAFF- 3175638 Atlantic Credit & Finance, Inc. Report Date ,At Account Statement 02/05/2008 13:42:35 Our Account ID: 3175638 Account Number: 5491100011529057 Status: LGJ Received: 07/20/2007 Charge Off Date: 06/30/2007 Purchase Balance: $ 2,472.91 Original Creditor Last Pay Date: 10/25/2006 Amount Paid: $ 0.00 Remaining Balance: $ 2,472.91 Name: WAGNER, CHRISTINA L Other Name: Streetl: 603 LAVINA DR Street2: City, State Zip: MECHANICSBURG, PA 17055-4943 SSN-Last 4 Digits: 6629 HomePhone:7177960275 WorkPhone:7172146355 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 Page No: 1 Confidential Property of Atlantic Credit a Finance Ina. C7 C C . C?D ra 0 ?. v g, a Cl) - j p ?rJ 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02800 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS WAGNER CHRISTINA L 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 WAGNER CHRISTINA L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT NOT FOUND , as to WAGNER CHRISTINA L 603 LAVINA DR MECHANICSBURG, PA 17055-4943 PER POST OFFICE, DEFENDANT LIVES AT 427 BIG SKY ROAD ETTERS, PA 17319-9789. - YORK COUNTY. Sheriff's Costs: So answe. Docketing 18.00 Service 10.00 Not Found 5.00 R. Tho _-Kline Surcharge 10.00 Sheriff of Cumberland County .00 S??ti?OP 43.00 GORDON & WEINBERG 05/12/2008 Sworn and Subscribed to before me this day of , A. D. 2047974 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. CHRISTINA L WAGNER 603 LAVINA DR MECHANICSBURG PA 17055-4943 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. . 6% _ 01.800 (2 i vi I 7Ef"M NMI CE 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 A CO FROM RECORD 'n Test y whorea#, I hr a unto set myyhana so of said at Cut 6 Pa. ok pr ate... 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 $2,472.91. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,472.91 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 02/11/2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,472.91 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI P(ERG, ESQUIRE JOEL M. FLI ESQUIRE 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 &/ 12a p Name U ATLANTIC CREDIT & FINANCE, INC. V. 7q CHRISTINA L WAGNER 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. 5491100011529057. Said Account was charged off on June 30, 2007 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $2,472.91. 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 October 25, 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 $2,472.91. 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: Cam' Heather Clary Assistant Director of Forwarding ? Subscribed and sworn before me February 13, 2 i ?:?'"tW ;'/ '• Co?? Pau:: r^ '6711 0-3E-)Y cqu a om n, Notarf Public THIS COMMUNICATION IS FROM A DEBT COLLECTOR `'??„„;;????' GORDON & WEINBERG P.C.: JAFF- 3175638 * Atlantic Credit & Finance, Inc. Report Date "Account Statement 02/05/2008 13:42:35 ckmlllwa Our Account ID: 3175638 Account Number: 5491100011529057 Status: LGJ Received: 07/20/2007 Charge Off Date: 06/30/2007 Purchase Balance: $ 2,472.91 Original Creditor Last Pay Date: 10/25/2006 Amount Paid: $ 0.00 Remaining Balance: $ 2,472.91 Name: WAGNER, CHRISTINA L Other Name: Streetl: 603 LAVINA DR Street2: City, State Zip: MECHANICSBURG, PA 17055-4943 SSN-Last 4 Digits: 6629 HomePhone:7177960275 WorkPhone:7172146355 Date Type Matched Check No Invoiced Amount Comment No Payments Received Payment Type -PU-,IPA','PC' - Payment Payment Type 'PUR','PAR','PCR' - Returned Payment NSF Page not 1 Can identi" property of itiaatie Credit a finance inc. ,;?t??'jt?? 4Y??(?" off. ;r {.+, ???? fi X11 d l " ??W 80U?. Z _.. ?t ,,, _ _, 1J? j?',.i d ? ?,1?13??' ? ; l '? 2047974 CORDON & WEINBERG, P.C. BY: FREDERTC 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. CHRISTINA L WAGNER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 08-2800 CIVIL TERM PRALCIPE TO ~PITHDRA~ CO~LAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. CORDON & WEINBERG, P.C. BY: FREDERIC JOEL M. Attorney P006 WEI ERG, ESQUIRE INK ESQUIRE Plaintiff N 0 ~a~v o ~~~-~ to ~ -~ ~ .c- ~~ a ~~ ~ ~~ ~~-` --+ rya -,; ~ _~ -t z ~~ ~rn ~~ ~, -+c, ~.. -n o -rZ ~ r=~ n~ ~~ CERTIFICATION OF SERVICE I, FREDERIC I. ~PEINSERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Withdraw Complaint to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDE INBERG, ESQUIRE Dated / ~~~~~ ~