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Home My WebLink About08-3109ti 2043642 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY:v/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 Bank of America 3353 Orange Avenue Roanoke, VA 24012 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : Qg- 3109 KATIE STEWART 1 S COLLEGE AVE6377 GRANTHAM PA 17027 NOTICE aml I -'C-, f M 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 HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN 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 $2,471.46. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,471.46 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 4/6/06. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,471.46 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WE BERG, ESQUIRE JOEL M. FLINK, 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 -e?z?&P akl- ATLANTIC CREDIT & FINANCE, INC. KATIE STEWART 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 BANK OF AMERICA Account No. 4888936997048743. Said Account was charged off on July 30, 2006 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $2,471.46. 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 enteral 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 6, 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 $2,471.46. 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: c::5ye &?Zc Heather Clary Assistant Director of Forwarding \S E. jo Subscribed and sworn before me October 26, 2007. F-G MY? 1 ,f0'9461 # - Jamie n, Notary ublic f???Res51QN My Commission Expires: 2/28/2011 THIS COMMUNICATION IS FROM A DEBT COLLECTOR,???F4'+N 4+tV'?`'??` QORDON do WE MERG M.: JAFF- 2840663 I AQ Atlantic Credit & Finance, Inc. C Account Statement Our Account ID: 2840663 Account Number: 4888936997048743 Status: LGJ Report Date 10/10/2007 14:51:06 Received: 11/30/2006 Charge Off Date: 07/30/2006 Purchase Balance: $ 2,471.46 Amount Paid: $ 0.00 Remaining Balance: $ 2,471.46 Name: STEWART, KATIE Other Name: Streetl: 1 S COLLEGE AVE Street2: 6377 City, State Zip: GRANTHAM, PA 17027 Original Creditor Last Pay Date: 04/06/2006 SSN-Last 4 Digits: 6968 HomePhone: 7175523951 WorkPhone:7177743778 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 not 1 Confidential Property of Atlantic Credit k rinacae iao. } L lo p W 'b?- n N 0 iT7 (y- ? , ?-rs F17..?-i i- rv 0 r n rn SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03109 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS STEWART KATIE 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 STEWART KATIE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT 1 S COLLEGE AVENUE 6377 STEWART KATIE NOT FOUND , as to GRANTHAM, PA 17027 DEFENDANT CURRENTLY LIVES AT 5345 OXFORD MANOR OXFORD CIRCLE #63 MECHANICSBURG, PA 17055, BUT IS RARELY HOME. PHONE 579-6672. Sheriff's Costs: So answers: - -? _ Docketing 18.00 Service 24.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 57.00 GORDON & WEINBERG 06/16/2008 Sworn and Subscribed to before me this day of A.D.