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HomeMy WebLinkAbout08-3573a 6 2031946 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 Atlantic Credit & Finance Inc. Assignee from Household Bank 3353 Orange Avenue Roanoke, VA 24012 VS. SCHWYNN D WIMBISH 29 N PENN ST SHIPPENSBURG PA 17257-1309 ASSESSMENT OF COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-- 3 S 7 3 GYvi I +CfM 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 I 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 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 $3,298.99. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $3,298.99 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 6/30/05. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,298.99 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC INBERG, ESQUIRE JOEL M. FL K, ESQUIRE Attorney for Plaintiff P01A.DB VER)F)CAT)ON hereby state that ) am the agent for the plaintiff herein; and that the facts set forth in the attached Affidavit NN,hich is incorporated by reference in the foregoing Complaint in Civil Action ate 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. 7o the exteni 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 ) 8 Pa.C.S §4904 •uhich piovides for certain penalties for making false statements gtla& NWT)e ATLANTIC CREDIT & FINANCE, INC. 319y(0 V. SCHWYNN D WIMBISH 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 HOUSEHOLD BANK Account No aid Account was charged off on January 31, 2006 in the amount of $3,298.99. 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 Plaintiffs records, the last payment date was June 30, 2005. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $3,298.99. 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: t5a? Heather Clary Assistant Director of Forwarding Subscribed and sworn before me .•?``'%%A ef Not Pu c: amela Blankenship " a °F z My Commission Expires: 9/30/2010 ".?e9aJN4P,.' a THIS COMMUNICATION IS FROM A DEBT COLLECTOR GORDON & WEINBERG P.C.: JAFF- 2323300 V c U w c ? P ? N C ? -? r1 r t-- r 'C7 (Tf 7 F --- ri Z7, i Q SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03573 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS WIMBISH SCHWYNN D 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 WIMBISH SCHWYNN D unable to locate Him COMPLAINT & NOTICE T in his bailiwick. He therefore returns the NOT FOUND , as to the within named DEFENDANT WIMBISH SCHWYNN D 29 N PENN STREET SHIPPENSBURG, PA 17257-1309 HOUSE IS VACANT, FOR RENT. Sheriff's Costs: So answers- Docketing 18.00 Service 20,00 Not Found 5100 R. Thomas Kline Surcharge 10;00 Sheriff of Cumberland County i00 7?D a? V 53 ,0 0 Sworn and Subscribed tojbefore me this day of A. D. but was GORDON & WEINBERG 06/30/2008 2031946 1 TH?S 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 n ° p Conshohocken, PA 194218 K: 484/351-0500 ' m = Atlantic Credit & Finaince Inc. COURT OF COMMON PLEAS-,It--; - Assignee from Household Bank CUMBERLAND COUNTY 3353 Orange Avenue Roanoke, VA 24012 c1 u z 1 -cFik VS. DOCKET NO. 3 S 7 3 SCHWYNN D WIMBISH 29 N PENN ST SHIPPENSBURG PA 1725741309 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGtS, 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 THI$ 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 r .? ?,. k?'cV 3 Y `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 s6 doing agreed to perform the terms and conditions prescribed;by the plaintiff for the use of said credit card. 4. The def endani (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 $3,298.99. 6. Plaintiff l;ias made demand upon the defendant(s)for payment of the balance due of $3,298.99 but the defendant(s)has i failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on 6/30/05. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,298.99 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC INBERG, ESQUIRE JOEL M. FL K, ESQUIRE Attorney for Plaintiff P01A.DB W NER)F)CAT)ON state that) am the agent for the plaintiff herein, and that the facts Set forth in the 1 her ebb attached Affidavit Nvb3ch is incorporatgd by reference in the foregoing Complaint in Civi] Action are true and correct to the best of my kprov'ledgc. information and belief and is based upon information Which plaintiff has furnis) ed to counsel. The Language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint a]e that of counsel: plaintiff has relied upon counse) in making this verification. This verification is made subject to 18 Pa.C.S 4904 which provides for cerlain penalties for making fa)se statements Name ti ATLANTIC CREDIT & FINANCE, INC.3NyG SCHWYNN D WIMBISH V' 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 a? 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 HOUSEHOLD BANK Account No aid Account was charged off ory January 31, 2006 in the amount of $3,298.99. 3. Plaintiff purchased or was dtherwise assigned this charged off account along with other debts. As a result of the foregoing salt and assignment, the Plaintiff succeeded to all right, title and interest in the charged off account, ind it now owns the account. 4. Plaintiff conducted a due d4igence investigation to determine, among other things, the accuracy of the account information prdvided 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 repreoentations 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. 2005. After application of all 5. According to Plaintiff's records, the last payment date was June 30, payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $3,298.99. 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 caorrect to the best of my knowledge and belief. By:? Heather Clary Assistant Director of Forwarding Subscribed and sworn before me -0- 0 b •%, etq'',, OµoNy tiWr Not Pu rc: amela Blankenship n ;< of s ?_ My Commission Expires: 9/30/2010 '?' "? rr??P,.. ' ac ' ''? ,.gyp ,,,.r` •• THIS COM? IUNICATION IS FROM A DEBT COLLECTOR GORDON & WEINBERG P.C.: JAFF- 23233001 ? o c-? 0 ? .E d E I Not' 88,31 eC ?.ti! 'lil.. 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 20344V "`'?i'H'MTARY 2010 MAR 26 PM 3: 54 PENNSYLVANIA Atlantic Credit & Finance Inc. Assignee from Household Bank VS. SCHWYNN D WIMBISH COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-3573 CIVIL TERM PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C BY: FREDERIC I. W BER ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P006 k CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, 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. _7777? FREDERIC I. WE , ESQUIRE Dated 3 ?2?/G