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HomeMy WebLinkAbout09-0306 Our File No.: 174049 AP©THAKER & 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 WASHINGTON MUTUAL c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. CHAD ZEIDERS 140 BOSLER AVE APT B LEMOYNE, PA 17043-1925 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. 09 - SO& &%VA-1e'r14 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 l ` A Our File No.: 174049 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 WASHINGTON MUTUAL c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. CHAD ZEIDERS 140 BOSLER AVE APT B LEMOYNE, PA 17043-1925 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: o9- 301- at'- I CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM WASHINGTON MUTUAL c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are CHAD ZEIDERS, an adult individual residing at 140 BOSLER AVE APT B LEMOYNE, PA 17043-1925. 3. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM WASHINGTON MUTUAL, is the Assignee and Successor in Interest of Account #4185868002042314; and said account was issued to Defendant(s) by WASHINGTON MUTUAL BANK, 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 $6,542.72. 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 $6,542.72 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & AS C TES, P.C. Attorney for lain ff A Law Firm Engaged De t Collection BY: Dated: 1/8/2009 David J. Our File No.: 174049 VERIFICATION Chumnu Q. 6irni hereby states that I am L YY I !I ?d Q!MezP ntnfi Ve 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 unworn falsification to authorities. &Akm M. Pla*hrffff DATE: F 7 ATLANTIC CREDIT & FINANCE, INC. V. f' CHAD ZEIDERS ry 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 WASHINGTON MUTUAL BANK Account No. 4185868002042314. Said Account was charged off on 3/31/2006 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $5607.96. 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 retards, the last payment date was8/12/2005 in the amount of $ 179.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $5,607.96. 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: y Authorized Representative Subscribed and sworn before me June 30, 2008. ,`ti?ttttara., ci ptttj` Notary Public: Philip Damon Bailey -REC Y #"'?` ,k ? 4} ? t M • r f` y= _qy 4 ( kJ . va ti . THIS COMMUNICATION IS FROM A DEBT COLLECTOR ?? r ` '<i'3 iil4k. Apothaker & Associates: GGAFF- 2790737 - 0001589 ¦. Y_' . *Admtic CRMff & ANA 94C ORPORATE 3 PO Box 13388 • Roanoke, VA 24033 Account Statement Original Creditor Account Number: 4185868002042314 CHAD ZEiDERS 182 PO BOX 182 Original Creditor: WASHINGTON MUTUAL BANK SHERMANS DALE, PA 17090 Original Creditor Last Pay Date: 811212008 Original Creditor Last Payment Amount: $ 179.00 Original Creditor Charge Off Date: 313112006 ACF ID Number: 2790737 SSN: XXX-XX-0832 CONFIDENTIAL PROPERTY OF AII.ANIIC CREDIT & FINANCE, INC. L':r N e- Y Ir ?1 ZS 1 ?l r C,_) C-0 K SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00306 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS ZEIDERS CHAD 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 ZEIDERS CHAD but was unable to locate Him in his bailiwick. He therefore returns the h Afl- T -- r TTnT T rl T' the within named DEFENDANT ZEIDERS CHAD 140 BOSLER AVE APT B NOT FOUND , as to LEMOYNE, PA 17043-1925 GIVEN ADDRESS IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answers: Docketing 18.00 Service 13.50 f i Not Found 5.00 R. T omas line Surcharge 10.00 Sheriff of Cumberland County .00 46.50 APOTHAKER & ASSOCIATES 01/26/2009 Sworn and Subscribed to before me this day of , A. D. a,.. cz- '--- c?_ ?? ? ? _ tc -??..-t ""'' ft.t .i t t?:` `?' Ce > ?. _ `? t Our File No.: 174049 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM WASHINGTON MUTUAL Plaintiff, vs. CHAD ZEIDERS Defendant. -OFFICE OF THEEP OTHONTAR' 2010 DEC -6 PM 2: 52 CUMBERLAND COU14T PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-306 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & A/9SOPIATES, P.C. A Law Firm Eng,Aged in/Debt Collection By: David J. Apo cer, Esquire Dated: 11/24/2010 111111111111111