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Home My WebLink About08-6443 2052834 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. Assignee from HSBC 2727 Franklin Road Roanoke, VA 24014 Vs. WILLIAM G LEIB 1627 W LISBURN MECHANICSBURG RD PA 17055-9778 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : a$ - (oy (13 elvi t (exV 4 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 . 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 $2,079.04. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,079.04 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 5/3/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,079.04 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EI RG, ESQUIRE JOEL M. FLIN , 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. 1V CU I IC ATLANTIC CREDIT & FINANCE, INC. V. WILLIAM G LEIB 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 HSBC Account No. 5155920001331983. Said Account was charged off on 12/31/2007 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $2,079.04. 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 was5/3/2007 in the amount of $500.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $2,079.04. 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: ay Au orized Representative Subscribed and sworn before me, September 2, 2008. No ic: Philip D. Bailey THIS COMMUNICATION IS FROM A DEBT COLLECTOR Gordon & Weinberg, P.C.: CGAFF- 3386110 - 0001673 *Admtic CREDIT & FINANCE INCORPORATED Account Statement PO Box 13386 . Roanoke, VA 24033 Original Creditor Account Number: 5155920001331983 WILLIAM G LEIB 1627 W LISBURN RD Original Creditor: HSBC MECHANICSBURG, PA 17055-9778 Qrlga. Original Creditor Last Pay Date: 5/312007 Original Creditor Last Payment Amount: $500.00 Original Creditor Charge Off Date: 12/31/2007 ACF ID Number: 3386110 SSN: XXX-XX-2822 Purchased ACF Payment Current Balance Balance Activity $2,079.04 $.00 $2,079.04 ACF Payment Date: CONFIDENTIAL PROPERTY OF ATLANTIC CREDIT & FINANCE, INC. n CZ c' CZ C) cr.) .. C. e f? `3 l ' 1 c X.7 ? ? L ? ? ?^A3 ;.??""" , ' 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06443 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS LEIB WILLIAM G NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LEIB WILLIAM G the DEFENDANT , at 0010:35 HOURS, on the 5th day of November , 2008 at 1627 W LISBURN RD MECHANICSBURG, PA 17055-9778 SUZANNE LEIB by handing to MOTHER OF DEFENDANT 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 Service Affidavit Surcharge IIh-VoP 18.00 7.00 .00 10.00 .00 35.00 So Answers: Sworn and Subscibed to before me this day R. homas Kline 11/06/2008 GORDON & WEINBERG By: Deputy Sheriff of A. D. ,06 2052834 N 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 HSBC VS. WILLIAM G LEIB COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-6443 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: $2,079.04 $2,079.04 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 HSBC and that the last known address of defendant, WILLIAM G LEIB, 1627 W LISBURN RD, MECHANICSBURG PA 17055-9778. 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 /8"4"- day of 2008 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 , $2,257.54 as per the abov certifi 0 tion. ?'&?evkd othonot GORDON & WEINBERG, P.C. BY: 1 / FREDERI WEINBERG, ESQUIRE JOEL M. INK, ESQUIRE Attorney for Plaintiff 2052834 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 HSBC VS. WILLIAM G LEIB TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-6443 NOTICE OF INTENTION TO TAKE DEFAULT WILLIAM G LEIB 1627 W LISBURN RD MECHANICSBURG PA 17055-9778 DATE OF NOTICE/FECHA DEL AVISO: November 26, 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: FRED IC.' . WEINBERG, ESQUIRE JOE?% . FLINK, ESQUIRE P10D-2 4A- t0 9b a ? c°a J -.? CO 4 2052834 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 HSBC VS. WILLIAM G LEIB COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-6443 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. /Xl Judgment by Default $2,079.04 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 OTHONOT SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ?????t+, ?t ?tunGrr?,r'It1 QFF -._. ?[?? RLEO-+^,FriCE 0P THE PD 111' ; I)T 2010 MhP, 11 f'i I T-1 4 5 U 11- F?,F ,r t _ Atlantic Credit & Finance Inc. Assignee from HSBC vs. William G Leib Case Number 2008-6443 SHERIFF'S RETURN OF SERVICE 03/15/2010 03:56 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 15, 2010 at 1556 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: William G. Leib, in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Julie Myers, Customer Service 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 03-17-10 to William G Leib, 1627 W Lisburn Road, Mechanicsburg, PA 17055-9778. SO ANSWERS, March 17, 2010 RON R ANDERSON, SHERIFF oah Cline, Deputy ici Cev.'yS,j,te Sne„ff, I pleasott ht f f 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 2052834 F1LED- 7 2N O FEB 25 hi 50 Atlantic Credit & Finance Inc. Assignee from HSBC 2727 Franklin Road Roanoke, VA 24014 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-6443 WILLIAM G LEIB 1627 W LISBURN RD MECHANICSBURG PA 17055-9778 and Sovereign Bank 17 West High St. Carlisle, PA 17013 GARNISHEE TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against O a? . 5o P o AT" s /11.Ob r, rr 1 3S, o 0 i' 9 a.. So O'tq'j 13 X5`1 , 0 0 ?H1 WILLIAM G LEIB g ,1 66 D u e. C a defendant(s)and g SO (2) against Sovereign Bank garnishee(s) (3) AMOUNT DUE $2,079.04 INTEREST from December 18, 2008 $131.34 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account ( $.00) CY-P (DS'7(04 TOTAL e a3s o-% FREDERIC I. WE tES E) ESQUIRE JOEL M. FLINK, RE Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N02008-6443 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FORM HSBC Plaintiff (s) From WILLIAM G. LEIB, 1627 W. LISBURN RD., MECHANICSBURG, PA 17055-9778 (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 SOVEREIGN BANK, 17 WEST HIGH ST., CARLISLE, PA 17013 GARNISHEE(S) as follows: 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&2,079.04 Interest FROM DECEMBER 18, 2008 - $131.34 Atty's Comm % Atty Paid $154.00 Plaintiff Paid Date: FEBRUARY 25, 2010 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs Da ' uell, Pr thonotary By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON & WEINBERG, P.C., 1001 E. HECTOR STREET, STE 220, CONSHOHOCKEN, PA 19428 Attorney for: Plaintiff Telephone: 484-351-0500 Supreme Court ID No. 41360 aim 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 HSBC vs. WILLIAM G LEIB and Sovereign Bank Garnishee .r FILED 2052834 :?'r?Y I'll APR 12 Pr'°? Z: I 0 CU,V_ -IONTY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-6443 PRAECIPE TO DISSOLVE ATTACffi?D1T TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with Sovereign Bank, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC I. INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE PO11 Attorney for Plaintiff $8.00 PO ATIJ CI& 111603 P-* a4oWA ...- ¢. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart $OilCltOr SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~~S,tt, oC ~~tinE~r~~>~,~~ f3Ff u:E ~rF i ~E SrERI€~ ~' €L~~a~.ox"lJ~ ~}~~~ 5J 1 I ~~~ ,' ~- i Y ~.j ~ S '.el } t V i' l 1 , Lt ~~~~ ~~~ -~ k~~ ~~ f '~~6~~.~L~~~ C®U~~~ `' Atlantic Credit & Finance Inc. Assignee from HSBC Case Number vs. 2008-6443 William G Leib SHERIFF'S RETURN OF SERVICE 03/15/2010 03:56 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 15, 2010 at 1556 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: William G. Leib, in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Julie Myers, Customer Service 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 03-17-10 to William G Leib, 1627 W Lisburn Road, Mechanicsburg, PA 17055-9778. 10/05/2010 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: $87.94 October 05, 2010 SO ANSWERS, RON R ANDERSON, SHE FF By haron R. Lantz `~ .~ ~ ~ , ~ ~ ~~~~ ~ ~ ~~~~ roi GountySuite Sheriff, Teleasoft, Inc. WRIT OF EXECUTION and/or ATTACHMENT ~ I COMMONWEALTH OF PENNSYLVANIA) N02008-6443 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FORM HSBC Plaintiff (s) From WILLIAM G. LEIB, 1627 W. LISBURN RD., MECHANICSBURG, PA 17055-9778 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of SOVEREIGN BANK, 17 WEST HIGH ST., CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due&2,079.04 L.L.$.50 Interest FROM DECEMBER 18, 2008 - $131.34 Atty's Comm Atty Paid $154.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: FEBRUARY 25, 2010 (Seal) uell, thonotary By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE Address: GORDON &WEINBERG, P.C., 1001 E. HECTOR STREET, STE 220, CONSHOHOCKEN, PA 19428 Attorney for: Plaintiff Telephone; 484-351-0500 Supreme Court ID No. 41360 ~_ 8= 8~ .~.. $~ 2052834 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC vs. WILLIAM G LEIB 112 N0~ -$ P~ E ~ I ~'EM~dSYl.wAF~~A COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 08-6443 ORDER TO SATISB'Y JUDC~NT TO THE PROTHONOTARY: Kindly mark the judgment entered December 18, 2008 in the above-captioned matter satisfied upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDERIC I. EI ERG, ESQUIRE JOEL M. FLINI, ESQUIRE Attorney for Plaintiff P005 a~u~ s,q. ~D d ~lC"~~i gy~il 2~