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Home My WebLink About08-7246w Our File No.: 183320 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. SHARON HOOVER 323 MANCHESTER RD CAMP HILL, PA 17011-6123 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 1701q( ,a ier%' 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 judgment 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. 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 R Our File No.: 183320 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. SHARON HOOVER 323 MANCHESTER RD CAMP HILL, PA 17011-6123 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are SHARON HOOVER, an adult individual residing at 323 MANCHESTER RD CAMP HILL, PA 17011-6123. 3. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, is the Assignee and Successor in Interest of Account #5458004013509672; and said account was issued to Defendant(s) by HSBC, the Original creditor. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $9,639.49. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". a 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $9,639.49 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & S CIATES, P.C. Attorney or YDebt aintiff A Law Firm Enga ed Collecti6l BY: David J. Apothaker, Esquire Dated: 12/2/2008 Our File No.: 183320 VERIFICATION 'OUP enu 0. C' hereby states that I am kftrzi-aeA ? pj?-tnfivP for Plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa_C.S.A. 4904 relating to unswom falsification to authorities. a P1 ff DATE: ry> 77_ ---- ATLANTIC CREDIT & FINANCE, INC. L" ? ? ? ZDD? , ; V. SHARON HOOVER - 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. 5458004013509672. Said Account was charged off on 12/3112007 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $9,133.52. 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 was5/6/2007 in the amount of $250.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $9,133.52. 6. The internal Account Statement of Plaintiff is attached hereto as Exhibit A and displays the account information that was provided to Plaintiff at the time of purchase and assignment. The foregoing is true and correct to the best of my knowledge and belief. By: Carol odrey Authorized R entative ?XADA 41 Subscribed and sworn before me, September 2, 200$ / C- c, co, Notary Public: Amanda Guthrie tla++titTHIS COMMUNICATION IS FROM A DEBT COLLECTOR AFothaker & Associates: CGAF - 3,405585 - 0001674 ;OAidailuc CREW & FINANCE !NCORPOPATED PO Box 13386 • Roanoke, VA 24033 Account Statement W IN "A Original Creditor Account Number: 5458004013509672 SHARON HOOVER 323 MANCHESTER RD CAMP HILL, PA 17011-6123 Original Creditor: HSBC SSN: XXX-XX-9712 Original Creditor Last Pay Date: 516/2007 Original Creditor Last Payment Amount: $250.00 Original Creditor Charge Off Date: 1213112007 ACF ID Number: 3405585 CONFIDENTIAL PROPERTY OF ATT,A"MC CREDIT & FINANCE, INC. r? M Q? z/r! . w. 4 m Q x. ?illl ;, rr y rr? C SHERIFF'S RETURN - REGULAR CASE NO: 2008-07246 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS HOOVER SHARON MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOOVER SHARON DEFENDANT the , at 1940:00 HOURS, on the 30th day of December-, 2008 at 323 MANCHESTER ROAD CAMP HILL, PA 17011-6123 by handing to SHARON HOOVER 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: So Answers: Docketing 18.00 Service 13.50 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.50 12/31/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: before me this day De ut Sheriff of A. D. f.?,.? ?U rf L? -3 ?? ,T _ ?. ? ^-rs ?? ?,,? - Our File No.: 183320 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC Plaintiff, VS. SHARON HOOVER Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-7246 Civil Action PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, SHARON HOOVER, in the default of an Answer, in the amount of $9,884.22 computed as follows: Amount claimed in complaint: $9,639.49 Amount Paid: - $(0.00) Interest from December 02, 2008 to 05/14/09 at the legal interest rate of 6.000 per annum $244.73 Costs $0.00 Attorney fees $0.00 TOTAL $9,884.22 I hereby certify that the appropriate Notices of Default, as attached have been mailed in accordance with Pa.R.Civ.P. 237.1 on the dates indicated on the Notices. I certify Defendant, SHARON HOOVER, last know address is 323 MANCHESTER RD CAMP HILL, PA 17011-6123. APOTHAKER Attorn A Law Firm En al By: TES, P.C. in Debt Collection David J. Dated: 5/14/2009 FILED--t 'HOE OF THE' R",; " I TARY 2009 MAY {9 PM ti: 14 E }?' OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: SHARON HOOVER 323 MANCHESTER RD CAMP HILL, PA 17011-6123 ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC Plaintiff, VS. SHARON HOOVER Defendant. NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY } NO.: 08-7246 Civil Action Pursuant to Rule 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. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esc. at this telephone number: 215-634-8920 / q, ;a 9 Our File No.: 183320 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC Plaintiff, VS. SHARON HOOVER Defendant. Civil Action AFFIDAVIT OF NON-NULITARY SERVICE COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 323 MANCHESTER RD CAMP HILL, PA 17011-6123. We inquired with the web site of the Deft Boulevard, Suite 400, Arlington, VA 22209-2593, if Mary M. Snavely-Dixon, Director of the indicated that the Defendant(s) is/are not in the i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 08-7246 David J. Apothaker Attorney for Plaintiff r Data Center, located at 1600 Wilson s) ire in any branch of the military. Data Center has sent back our inquiry The above signed understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Depsr ne nt of Defense i1 zrower Data Centro Mary Status Report Pursuant to the Senn kemembers Civil Relief Act ACIV 01,4" 6 Mary M- S +: 37hacon, Director Department of Ddmw - Manpower Data Center 1600 Wilm Mvd., Suite 400 Arl'ingto;an, VA 22209-2593 MAY-14-2009 10.1)4.42 The Defeaw Ma purer Data Cedar PMC) is an organzation of th a Departaxot c (Ddeaw dwt maintains the Defense E ant and EVO&Y Rem Syst m (PEERS) database which is the dficud source of dean an eiipW for =ftary maul carne and odaa ei ty systems. The Dapertmeaat of Ddense sr y suppoets the en6o?r of the Sabers Ciai ReWAct [50 USCS A,ppa_ §§ S01 et wq] (SCRA) Ozone dy the Solders! and SAW Ciid Re Actt of 1940)- IBC has isswd boedreds of thoomids of-does not possess any information indicating `distdre Wbi&W cuera* on active &ty" t mWonses, and has aTe ienced a SOME error rate_ In the event the individual rdereaceri above, or any f v* msamber, GiendL or re res ve assefs in my nonner, that the individad is an active duty, or is odierwise edified to the protections of the SCRA, you are svoo* eracoeraged to obtaia further verification of the person's active duty status by cow than pi's hf ii tacyr Service via &e " ddm&knr URL prodded below. If you have evidence the persons is an active-duty and you to obtain this ad Mi nd Many Smice vwTcadon, provisions of The SCRA may be invoiced against you Myou obtain fxdw n6mmad n about the person ( e.g., an SSN, k%proved accuracy of DOB, a middle awn), you rani submit your request again at this Web site and we wR provide aa? new cue for dent query. 1-m regmw reflects current active duty stems oily. Forbistoncat inknubon, *m ccntadt the MkKy Service SCRAA points- of-co . Sae-, b t d/vyw. SI R ht?d WARNM. Mas cest&ate was provided based an a aamae and Sock Secwity numilm (SSN) provided by the requester. Provift an enroneous amw or SSN va91 cue an erroneous cardIcate to be provided, Rsprrra!M--ii'J NVWW ' Upon ssarc hieg ]be ii adon d abacks cf the Dvarbaut of Defuse Ma®powu Dan C.enter, bused on the man dmd you provided, the above is the comes smus ofthe i davidual as to d bras of the hfiltary. 183320 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY ATLANTIC CREDIT & FINANCE INC. ASSIGNEE ) COURT OF COMMON PLEAS FROM HSBC ) CUMBERLAND COUNTY vs. ) NO. 08-7246 SHARON HOOVER ) To: SHARON HOOVER 323 MANCHESTER RD CAMP HILL, PA 17011-6123 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: January 30, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY 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 ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 BAR DA APOTHAKER, ESQUIRE APO R & ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 w? CASE NO: 2008-07246 P SHERIFF'S RETURN REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS HOOVER SHARON ?v fi r.. I €j SAN 1 4 ?009 y MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Penn:sylvania, who being duly sworn according to lack, says, the within COMPLAINT & NOTICE was served upon HOOVER SHARON the DEFENDANT at 1940:00 HOURS, on the 30th day of December., 2008 at 323 MANCHESTER ROAD CAMP HILL, PA 17011-6123 by handing to SHARON HOOVER 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 18.00 Service 13.50 Affidavit .00 Surcharge 10.00 .00 41.50 Sworn and Subscibed to before me this day of So Answers: r R. Thomas Kline 12/31/2008 APOTHAKER & ASSOCIATES Hy: De ut Sheriff A .D. r OF PH-, 2039 MAY ?PQ /3 V7yIF ,nom ?" ?q,o 9 ?i. L..AJ~iJt 1 11... ., $ PRD MONOTAR.i WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan I.D. No. 47437 436 Seventh Avenue, 1400 Koppers Bldg Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9412331 ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC Plaintiff "M FEB -? Attorney for Plaintiff(sf ,U MBE NSYLa A? A T`f . EN CUMBERLAND County Court of Common Pleas vs. SHARON HOOVER Defendant(s) No.: 08 7246 PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of the Plaintiff in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By j Y? William T. czan Attorney for Plaintiff