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Home My WebLink About08-29462040956 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 Successor in Interest to CUMBERLAND COUNTY Metris 3353 Orange Avenue Roanoke, VA 24012 VS. DOCKET NO. l,ivi I MARCELLA D KELLEY 257 PARKWAY DRIVE CARLISLE PA 17013 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAI ST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWEN Y (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APP RANCE 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 ENTE ED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN TH COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU Y LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFI''YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE ET 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 -n 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 tYe 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 Ithe terms and conditions prescribed by the plaintiff for the uselof said credit card. 4. The defendant (s) received and accepted good 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 inllthe amount of 1 $3,722.41. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $3,722.41 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 3/24/05. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,722.41 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. *Z PT6ERG" ESQUIRE JOEL M. FLINK, ESQUI E Attorney for Plainti,f P01A.DB VER]F) CAT) Ole I hereby state that l am the agent foT the plaintiff herein, and that the facts set forth in the attached Affidavit wb3'Ch is incorporated by Teference in the foregoing Complaint s Civil Action aTe true and correct to the best of my knowledge, information and belief and is based upon information "Which plaintiff has famished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint ale that of counsel, plaintiff has relied upon counsel in making this verification. This verification is Tbade subject to 18 Pa.C.S. §4904 which provides foT certain penalties foT making false statements Name r ATLANTIC CREDIT & FINANCE, INC. V. MARCELLA D KELLEY AFFIDAVIT OF DEBT AND VERIFIED BILL OF PARTIC LARS r I The undersigned being first duly sworn according to law, deposes and says at she is familiar with the policies and practices, as well as the books and records of the Plaintiff with res ect to the matters stated herein, and based on information and belief states as follows: 1. Plaintiffs principal business consists of purchasing charged off 2. The Defendant defaulted on METRIS BANK Account No. aid Account was charged off on September 30, 2005 and subsequently sold to Atlantic C redit & Finance, Inc with a balance of $3,722.41. 3. Plaintiff purchased or was otherwise assigned this charged off account alon g with other debts. As a result of the foregoing sale and assignment, the Plaintiff succeeded to all r ight, 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 limitati ons 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 bad clear righ t, title and interest in the account; 2) the account was free and clear of all liens and encumbrance ; 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 March?24, 2005. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still. a alance due and owing on this indebtedness of $3,722.41. r 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 a nd assignment. I The foregoing is true and correct to the best of my knowledge and belief. r r By: claw aw::2 Heather Clary I Assistant Director of Forwarding ?• `'"' r''??, Subscribed and sworn before me August 28, 2007. . ' = ??rgyy ??2? == F e ? . t 4 =?: c UC : O yC)C,? :Z= J . Johnson, ary Public -0?' . BNFS svr s? ' ? My Commission Expires: 2%28/2011 •: ? r, G\ Q`,; ' O ? ` t 6F V R LLECT THIS COMMUNICATION IS FROM A DEBT C ? ? GORDON & WEINBERG P.C.: JAFF- 2345061 o { f? ? ? i :;:` W f?y yl 00 C SHERIFF'S RETURN - REGULAR CASE NO: 2008-02946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS KELLEY MARCELLA D SGT BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KELLEY MARCELLA D the DEFENDANT , at 1530:00 HOURS, on the 20th day of May 2008 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to MARCELLA KELLEY 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: Docketing 18.00 Service 1.0.0 0 Affidavit .00 Surcharge 10.00 5aa Jo ? ?. -- ' 38.00 So Answers: R. Thomas omas Klne 05/20/2008 GORDON & WEINBERG Sworn and Subscibed to } By: before me this day eputy She ff of A.D. 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 2040956 Atlantic Credit & Finance Inc. Successor in Interest to Metris VS. MARCELLA D KELLEY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-2946 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: $3,722.41 $3,722.41 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.Successor in Interest to Metris and that the last known address of defendant, MARCELLA D KELLEY, 107 E ALLEN AT APT 5, Mechanicsburg PA 17055. 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. h AND NOW, this e(N? day of 2008 Judgment is entered in favor of the plaintiff(s) and gainst defendant(s) by default for want of an answer and damages assessed at the sum of , $3,722.41 as per the above c tificati . EAVV-j -A Pro onotary GORDON & WEINBBEER?G,; P . C . BY: /1 / FREDERIC(I. INBERG, ESQUIRE JOEL M. P K, ESQUIRE Attorney for Plaintiff a, 2040956 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. Successor in Interest to Metris Vs. MARCELLA D KELLEY TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-2946 NOTICE OF INTENTION TO TAKE DEFAULT MARCELLA D KELLEY 107 E Allen St. APT 5 Mechanicsburg PA 17055 DATE OF NOTICE/FECHA DEL AVISO: June 10, 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-X BY: FREDERIC I WEINBERG, ESQUIRE JOEL M. kkINK, ESQUIRE P10D-2 v.? q? ?3 ro .S (? a A 2040956 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 Successor in Interest to Metris VS. MARCELLA D KELLEY 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. LXl Judgment by Default $3,722.41 L1 Money Judgment $ Judgment on Award of Arbitrators$ 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 t1-1likk PRO ONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-2946