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HomeMy WebLinkAbout08-53972052126 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 Altantic Credit & Finance Inc. COURT OF COMMON PLEAS Assignee from Capital One CUMBERLAND COUNTY = 2727 Franklin Road Roanoke, VA 24014 Vs. DOCKET NO 08 - 5397 Civil (em LISA A FAULKNER 401 DEERFIELD RD CAMP HILL PA 17011 CONPLAINT IN ASSUMPSIT 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 1. Plaintiff is a debt buyer and successor in interest to the original creditor as set forth in the caption of this Complaint. 2. The defendant, for valuable consideration received, executed and delivered to plaintiff a promissory note under the terms of which the defendant promised to pay to the plaintiff consecutive monthly payments under the terms and conditions set forth in the promissory note. A true and correct copy of the aforesaid promissory note, if available, is attached hereto, made a part of this complaint and marked Exhibit "A". 3. Contrary to the terms of the aforesaid promissory note, the defendant failed to make the required payments when due as a result of which the unpaid balance of $9,944.10 became due and payable. 4. As a result of defendant's default, defendant is indebted to plaintiff in the amount of $9,944.10 plus interest thereon and attorney's fees as provided for in the promissory note. 5. Plaintiff has made demand upon the defendant for payment of the amount due but the defendant has failed and refused and still refuses to pay the said sum or any part thereof. 6. Defendant's last payment on account was made on 7/10/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $9,944.10 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. W IN RG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff POIC.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. Name EXHIBIT "An 044) ATLANTIC CREDIT & FINANCE, INC. V. LISA A FAULKNER 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 CAPITAL ONE INSTALLMENT Account No. 5601008111145324. Said Account was charged off on 11/30/2007 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $9944.1. 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 was7/10/2007 in the amount of $ 310.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $9,944.10. 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: (?;? n Gray Authorized Representative Subscribed and sworn before me, July 24, 2008. Notary Public: Phili amon Bailey THIS COMMUNICATION IS FROM A DEBT COLLECTOk Gordon & Weinberg, P.C.: CGAFF- 3339628 - 0001664 M *Atlante CREDIT & RNANCE INCORPORATED PO Box 13386 • Roanoke, VA 24033 Account Statement Original Creditor Account Number: 5601008111145324 LISA A FAULKNER 401 DEERFIELD RD CAMP HILL, PA 17011 Original Creditor: CAPITAL ONE INSTALLMENT Original Creditor Last Pay Date: 7/10/2007 Original Creditor Last Payment Amount: $ 310.00 Original Creditor Charge Off Date: 11/30/2007 ACF ID Number: 3339628 SSN: XXX-XX-3165 CONFIDENTIAL PROPERTY OF ATLANTIC CREDIT & FINANCE, INC. oJe rrrv . W a o rn SHERIFF'S RETURN - REGULAR CASE NO: 2008-05397 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS FAULKNER LISA A MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - ASSUMPSIT FAULKNER LISA A was served upon the DEFENDANT , at 0016:47 HOURS, on the 23rd day of September, 2008 at 204 S 7TH STREET ELMOYNE, PA 17043 by handing to LISA A FAULKNER DEFENDANT a true and attested copy of COMPLAINT - ASSUMPSIT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge jof D1/(98 4" 18.00 16.00 .00 10.00 00 44.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/24/2008 GORDON & WEINBERG B De ty Sheriff 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 2052126 Altantic Credit & Finance Inc. Assignee from Capital One VS. LISA A FAULKNER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-5397 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: $9,944.10 $9,944.10 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: Altantic Credit & Finance Inc.Assignee from Capital One and that the last known address of defendant, LISA A FAULKNER, 401 DEERFIELD RD, CAMP HILL PA 17011. 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 la's day of 000 2006 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $10,122.60 as per the above certification. a / A 'C' 1 P- - " rothonotary 0 0" GORDON & WEINBERG, P.C. BY.. , FREDERIC I W NBERG, ESQUIRE JOEL M. F N ESQUIRE Attorney for Plaintiff 2052126 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 Altantic Credit & Finance Inc. Assignee from Capital One Vs. LISA A FAULKNER TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-5397 NOTICE OF INTENTION TO TAKE DEFAULT LISA A FAULKNER 401 DEERFIELD RD CAMP HILL PA 17011 DATE OF NOTICE/FECHA DEL AVISO: October 14, 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. BY: FREDERI ,"f. WEINBERG, ESQUIRE JOEL M''"FLINK, ESQUIRE P10D-2 ?,a O 8 ?Y c. a ?' ? ? ?? ? ?.:. ,== -?-? ? -?:_ ?. ?,=- ' ? ?'`? ] r-r'? 7 c.ra r 2052126 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 Altantic Credit & Finance Inc. Assignee from Capital One VS. LISA A FAULKNER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-5397 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. Judgment by Default $9,944.10 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 s OTHONOTARY Ora 2052126 GORDON & WEINBERG, F.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Stre t, Ste 220' Conshohocken, PA 1 428 484/351-0500 Altantic Credit & F nance Inc. Assignee from Capit 1 One vs. LISA A FAULKNER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO, : 08-5397 i TO THE PROTHONOTARYI: AND NOW, thisjApril 8, 2009, it is suggested of record that i Defendant, LISA A MAULKNER, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about April 6, 2009, in the United States 4ankruptcy Uai,?rt for the Middle District of Pennsylvania, dock t number 09-02585. Therefore, should be stayed u til further notice. GORDON & WtTNBERG, P.C. this matter BY: FREDERIC INBERG, ESQUIRE JOEL M: INK, ESQUIRE 'Attorn'ey for Plaintiff FILED--iDF ICE OF THE PFRO"HONOTARY 2009 APR 14 AM 10 52 PENPv°Sl'mmlf;