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HomeMy WebLinkAbout08-29452039812 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 484/3510500 ASSESSMENT OF Atlantic Credit & Finance Inc. Assignee from Household Bank 3353 Orange Avenue Roanoke, VA 24012 VS. DAVID L HALL 45 DREXEL PL NEW CUMBERLAND PA 17070-2203 COURT OF COMMONILLPLEAS CUMBERLAND COUN1PY DOCKET NO. - o?q'f5 CW'( I&W, 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 APP ARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFE SES 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 ENTER?D AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE'ICOMPLAINT 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 ¦ 1 1 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 i 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 i plaintiff's credit facilities. 3. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform conditions prescribed by the plaintiff for the use card. the terms and of said credit 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 $2,435.67. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,435.67 but the d fendant(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 4/9/06. WHEREFORE, plaintiff claims of the defendant (s) the sum of $2,435.67 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: P01A.DB FREDERIC I. BETG JOEL M. FLINK, ESQAttorney for PlainESQUIRE VEWI CA'TI ON I hereby state that ) am the agent for the plaintiff herein, and that the fact set forth in the attached Affidavit which is incorporated by Teference in the foregoing Complain in Civil Action are true and corTect to the best of my knowledge:. information and belief and is b; information which plaintiff has fumished to counsel. The language in the Comp counsel and not of plaintiff. To the extent that the contents of the Complaint are plaintiff has relied upon counsel in making this verification. This verification is tsed upon hint is that of that of counsel, made subject to 18 Pa.C.S. §4904 .vhich provides for certain penalties foT making false statements Name ATLANTIC CREDIT & FINANCE, INC. ?U V. W DAVID L HALL AFFIDAVIT OF DEBT AND VERIFIED BILL OF PARTIC LARS The undersigned being first duly sworn according to law, deposes and sayslthat 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. 'f 2. The Defendant defaulted on HOUSEHOLD BANK Account No Said Account was charged off on November 30, 2006 and subsequently sold to tlantic Credit & Finance, Inc with a balance of $2,435.67. 3. Plaintiff purchased or was otherwise assigned this charged off account alo with other debts. As a result of the foregoing sale and assignment, the Plaintiff succeeded to allriight, 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 I 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 enter 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 April 9, 2006. A er application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $2,435.67. 6. The internal Account Statement of Plaintiff is attached hereto as Exhibit A III d displays the account information that was provided to Plaintiff at the time of purchase a4d assignment. The foregoing is true and correct to the best of my knowledge and belief. BY: OZ200A (Ak Heather Clary Assistant Director of Forwarding Subscribed and sworn before me August 15, 2007. My Commission Expires: THIS COMMUNICATION IS FROM A DEBT GORDON & WEINBERG P.C.: JAFF- 2903847 ;C h`'NAIE F JOB,. :'?9FC U°6?ggy?ZN ? ??o c o Von, ell •.....- \N OF V19 10 '111111t10"'* t i rv m 04 7 k n`n( ??^^ T i V SHERIFF'S RETURN - REGULAR CASE NO: 2008-02945 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS HALL DAVID L MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HALL DAVID L the DEFENDANT at 1620:00 HOURS, on the 15th day of May 2008 at 45 DREXEL PL NEW CUMBERLAND, PA 17070-2203 by handing to JULIE HALL, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 1.7.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 -45.00 05/16/2008 GORDON & WEINBERG Sworn and Subscibed to By. before me this day Deputy Sheriff of 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. DAVID L HALL 2039812 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-2945 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 $2,435.67 Costs (Complaint & Service) $178.50 Total: $2,614.17 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, DAVID L HALL, 45 DREXEL PL, NEW CUMBERLAND PA 17070-2203. 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 , 2008 Judgment is entered in favor of the plaintiff(s) an against defendant(s) by default for want of an answer and damages Issessed at the sum of , $2,614.17 as per the above Aprtificati4. Prothonotary GORDON & WEINBERG, P.C. BY: FREDERIC If. WE NBERG, ESQUIRE JOEL M. F NK ESQUIRE Attorney for Plaintiff 2039812 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. DAVID L HALL TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-2945 NOTICE OF INTENTION TO TAKE DEFAULT DAVID L HALL 45 DREXEL PL NEW CUMBERLAND PA 17070-2203 DATE OF NOTICE/FECHA DEL AVISO: June 5, 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. Z-6 BY: FREDERIC I. W NBERG, ESQUIRE JOEL M. FLINK, ESQUIRE P10D-2 7,C) D ?•. j,) M ?\ ? = C a 11 1 a 2039812 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. DAVID L HALL Pursuant to Pa.R.Civ.P. you are hereby notified you in the above procee( L1 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-2945 NOTICE 236 of the Supreme Court of Pennsylvania, that a judgment has been entered against ling as indicated below. Judgment by Default $2,614.17 Money Judgment $ Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M TELEPHONE NUMBER: 484/351-0500 NOTICE, PLEASE CALL FLINK, ESQUIRES AT THIS ?1146'1r- P?6THONO 2039812 s s 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. DAVID L HALL 45 DREXEL PL NEW CUMBERLAND PA 17070-2203 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-2945 and New Cumberland FCU 6692 Carlisle Pike Mechanicsburg, PA 17050 GARNISHEE 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 DAVID L HALL (2) against defendant(s)and New Cumberland FCU garnishee(s) (3) AMOUNT DUE $2,614.17 INTEREST from July 2, 2008 $200.44 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account ( $.00) TOTAL FREDERIC I W ,VINBERG, ESQUIRE JOEL M. FL , ESQUIRE Attorney for Plaintiff 0 FIU` ;=roc r3'= T'_." -'t1r?a, MARY 2009 CCi 21 Ph 12: 46 Cv 4(9.4. s o PA ArrY g5.00 C8F 'T8.so o 14-00 *'(P4 -so - Pb Arty a.oo bt>ea , so LL. aoga859 1 7* a 3a wQ b,-N-1-r of Fic ?FJ c? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2945 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 DAVID L. HALL, 45 Drexel Pl, New Cumberland, PA 17070-2203 (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: NEW CUMBERLAND FCU, 6692 Carlisle Pike, Mechanicsburg, PA 17050 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 $2,614.17 L.L. $.50 Interest from 7/02/08 -- $200.44 Atty's Comm % Atty Paid $164.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 10/21/09 (Seal) REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, PC 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 is. L4X-l P - C s R. Long, Prothonotary By: Deputy Supreme Court ID No. 41360 Sheriffs Office of Cumberland County R Thomas Kline THE-1 Sheriff OF P'P:,DT ""IND T ARY Ronny R Anderson 2009,(? _ PM 2:58 Chief Deputy Jody S Smith C1V21 Process Sergeant 4?t c . c - c v GRiF G?tV ?? 1 L Fd 1?SL.VA +t+. Edward L Schorpp Solicitor Atlantic Credit & Finance Inc. Case Number vs. David L Hall 2008-2945 SHERIFF'S RETURN OF SERVICE 10/28/2009 09:40 AM - Ronald E Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 28, 2009 at 0940 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: David Hall, in the hands, possession, or control of the within named garnishee, New Cumberland Federal Credit Union, 6692 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050, by handing to Briana Howser, 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 her. The writ of execution and notice to defendant was mailed on November 2, 2009 to David L. Hall at 45 Drexel Place, New Cumberland, PA 17070. So Answers, R. Thomas Kline, Sheriff By Deputy Sheriff 2039812 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. DAVID L HALL and New Cumberland FCU Garnishee DOCKET NO. : 08-2945 PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with New Cumberland FCU, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: 4?? FREDERIC I. ;JEINBPkG, ESQUIRE JOEL M. FLIN QUIRE Attorney for Plaintiff POll t-LED-'vf rs'fd'*E OF THE PROTHONOTARY 2009 DEC 16 FM 2.3 9 4%.OO Pp ATT*4 ?(,k„'+? f ? 558 ?23513? • " ~ ~ ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~~~ ~6ttitttt~ of t~uutG~~~~n0 ''' T'',~_ ~ ~' ~~~?Y Jody S Smith Chief Deputy '~ ~~' ZO i 0 J~.;.. _ ~ iii'; v~ ~~: i'> Richard W Stewart Solicitor ~F= _~ .~~ r~<E ~.~~~~~r {;~=-, , (" 1. I ai~+:i` i ~_`'i~.i~Jl,u. Atlantic Credit & Finance Inc. Case Number vs. David L Hall 2008-2945 SHERIFF'S RETURN OF SERVICE 10/28/2009 09:40 AM - Ronald E Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 28, 2009 at 0940 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: David Hall, in the hands, possession, or control of the within named garnishee, New Cumberland Federal Credit Union, 6692 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050, by handing to Briana Howser, 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 her. The writ of execution and notice to defendant was mailed on November 2, 2009 to David L. Hall at 45 Drexel Place, New Cumberland, PA 17070. 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: $91.17 July 07, 2010 SO ANSWERS, RON R ANDERSO HE FF B ~_ Sharon R. La tz ~°~--~~7~ 9~7 ~~ ~~s~~ 9 !d. CounfySuite Shen$ Teic~osoYt. Irc.