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Home My WebLink About09-0172~. Our File No.: 191434 "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 ALTANTIC CREDIT & FINANCE INC. ) ASSIGNEE FROM CAPITAL ONE ) c/o Apothaker & Associates, P.C. ) 520 Fellowship Road C306 ) Mount Laurel, NJ 08054 ) Plaintiff, } vs. ) GREG A LEMKELDE ) 411R 7TH ST ) NEW CUMBERLAND, PA 17070 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: (yQ- Ol~ia. ~i1Vt~ (pr'Nt 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 ~ } .~ Our File No.: 191434 `AI'OTHAKER & 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 ALTANTIC CREDIT & FINANCE INC. ) COURT OF COMMON PLEAS ASSIGNEE FROM CAPITAL ONE ) CUMBERLAND COUNTY c/o Apothaker & Associates, P.C. ) 520 Fellowship Road C306 ) NO,. ~ y_ Q ~ ~,~ ~ ~"~ Mount Laurel, NJ 08054 ) Plaintiff, ) vs. ) GREG A LEMKELDE ) 411R 7TH ST ) NEW CUMBERLAND, PA 17070 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is ALTANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are GREG A LEMKELDE, an adult individual residing at 411R 7TH ST NEW CUMBERLAND, PA 17070. 3. Plaintiff, ALTANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE, is the Assignee and Successor in Interest of Account #5903592617620469; and said account was issued to Defendant(s) by CAPITAL ONE INSTALLMENT, 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 $19,524.07. 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". • '~ ~ ~_ , 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 $19,524.07 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER A Law Firm A5S CIATES, P.C. for P aintiff ...~ T_7_a n(' » .. BY: David J. Apothaker, Esquire Dated: 12/30/2008 Our File No.: 191434 ~. VERIFICATION _ ~'a~!PSnu ~- C~,m~~ hereby states that I am --t3~.~~-~s_ PAP iYtn~i VP 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. 0 Pl DATE: ,. ~~~ ATLANTIC CREDIT & FINANCE, INC v. GREG A LEMKELDE AFF~iDAVIT OF DEBT AND VERIFIED BILL QF PA. The undersigned being f#rst duly sworn according to law, deposes ar the policies and practices, as well as the books and records of the Plaintiff stated herein, and based an information and belief states as follows: 1. Plaintiff s principal business consists of purchasing charged ofF says that she is familiar with h respect to the matters 2. The Defendant defaulted on CAPITAL ONE INSTALLMENT Account No. 59U3592617b20489. Said Account was charged offon 331120(}8 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $18,682.9. 3. Plaintiffpurchased or was otherwise assigned this charged off accor#nt 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 ofsuit. Prather, Plaintiffandlor its Predecesspr entered into a contract where the predecessor made representations and warranties that i) it had clear right, title and interest in the account;. 2) the account was free and clear of aII liens and encumbrances; and 3} it had the power, authority, and full right to seal and convey its interest in the account. 5. According to Plaintiff s records, the last payment date wall 1121204' in the amount of $ 527A8. After application gf all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of ~ 18,682.59. ~i. The internal Account Statement ofPlaintiff is attacked 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. Subscribed and sworn before 3 THIS COMIyIUNICATIOIV IS FROM A DEBT COT.~LECTOR Apokhaker ~ Associates: CGAFF- 3979061 - IlW 1 G88 y~yy~^^~~i$ff Atxt. .. `~` ~ .,. '~ Q" . ~..~ . ., ~~. ~~~ :~ :; ~~ ~ . . ~~. i ~~~~ ~I" Sc fNIC ~I~ARF'4RATEC? PO Bax 13386 . Roanoke, YA 24033 Original Creditor Account. Number: 5903592617620469 GREG A LEMKELDE 411 R 7TH ST NEINCUMBERLAND, PA 17p7fl Original Credi#or: CAPITAL ONE'iNSTAI.LMENT Original Creditor Last Pay Date: 11/2/2007 t)rigina! Creditor Last Payment Amount: ~ 527.08 Origins! Creditor Charge Off Gate: 3!3112008 ACi= ID Number: 3479061 SSM; 7tX}C-XX-1435 Purchased ACF Payment Current Balance Balance Activity 518,682.59 $ .00 518 682.5 9 ACF Payment Date. CONFIDENTIAL PIt01'F.R1"Y C}F ATI.AN7'IC CRF.~IT &'~ [IriANCB, INC. ~ ~ ~ ~ E.~ r,.,.: ; ~ ~ C~ _ tfi ",fir .... .~„ . ~ -t3 ~~s ~ f p w .~ ~" ".~.{ 1t.E U-3` 0 f ? p OTNONOTAR 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 # 9412623 Im FE$ -3 w"'.11, Attorney for Plaintit (kmLANp 'OUNV gER?NSYLVAI?IA ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE Plaintiff vs. CUMBERLAND County Court of Common Pleas No.: 09-0172 GREG A LEMKELDE Defendant(s) 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. Y _ William T. Mo/ntiff Attorney for PI