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Home My WebLink About08-6667 2053040 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. CECILIO MOSQUERA 97 LEEDS RD NEWVILLE PA 17241-9547 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 0$-660 aivit (eM 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 as of September 24, 2008 in the amount of $2,264.70. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due 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 12/7/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,264.70 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, 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. Name a()S3646 ATLANTIC CREDIT & FINANCE, INC. V. CECILIO MOSQUERA 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 HSBC Account No. 5480420024837989. Said Account was charged off on 3/31/2008 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $2,264.70. 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 was 12/7/2007 in the amount of $200.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $2,264.70. 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: e ray Authorized Representative Subscribed and sworn before me, September 2, 2008. Not ublic: Philip D. Bailey = t. THIS COMMUNICATION IS FROM A DEBT COLLECTOR Gordon & Weinberg, P.C.: CGAFF- 3503294 - 0001692 *Atlanfic CREDIT & RNANCE INCORPORATED PO Box 13386 • Roanoke, VA 24033 Account Statement Original Creditor Account Number: 5480420024837989 CECILIO MOSQUERA 97 LEEDS RD NEMILLE, PA 17241-9547 Original Creditor: HSBC Original Creditor Last Pay Date: 12/7/2007 Original Creditor Last Payment Amount: $200.00 Original Creditor Charge Off Date: 3/31/2008 ACF ID Number: 3503294 SSN: XXX-XX-6153 CONFIDENTIAL PROPERTY OF ATLANTIC CREDIT & FINANCE, INC. c:cs Fil Vr 3Q-, D 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06667 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS MOSQUERA CECILIO 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 MOSQUERA CECILIO but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , MOSQUERA CECILIO 97 LEEDS RD NEWVILLE, PA 17241 MOVED TO 9 SANTAM CT, BAYSH9RE, NY 11706. IS SUPPOSEDLY IN EQUADOR UNTIL FEBRUARY 2009 Sheriff's Costs: ....--? So answers-;-. Docketing 18.00 Service 10.00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 !2? U i p ti- :T-4 3 . 0 0 GORDON & WE INBERG 11/18/2008 Sworn and Subscribed to befo re me this day of , A. D. David- D. Bueff (Prothonotary KAS. Sohonage, Solicitor knee X Simpson 1St Deputy ltothonotary Irene E. Worrow 2nd Deputy Trothonotary Office of the ftothonotary lm6erfand County, (Pennsylvania 08 - GL L7 CIVIL TERM AND NOW INTENTION ORDER OF TERMINATION OF COURT CASES IS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • SOite 100 0 Carlisle, P,4 17013 • (717) 240-6195 • Fax (717) 240-6573