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Home My WebLink About09-0308Our File No.: 185819 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. JANET S SGRIGNOLI 139 N ENOLA DR ENOLA, PA 17025-2521 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: M - 308 0AY4 latlk 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.: 185819 t 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. JANET S SGRIGNOLI 139 N ENOLA DR ENOLA, PA 17025-2521 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: O9• o FS ( A 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 JANET S SGRIGNOLI, an adult individual residing at 139 N ENOLA DR ENOLA, PA 17025-2521. 3. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, is the Assignee and Successor in Interest of Account #5155920001846543; 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 $5,654.55. 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 S above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $5,654.55 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & SSO IATES, P.C. A Law Firm BY: David J. ApothzVer, Esquire Dated: 1/8/2009 Our File No.: 185819 l VERIFICATION 0 "p 8n1.1 Q- A'Al l hereby states that I am 6} yyj Q6 .gP I-rVr Iyr 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. On6YLQ9.Drlf? P1 ff DATE: ATLANTIC CREDIT & FINANCE, INC. V. JANET S SGRIGNOLI ;w 3 s 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. 5155920001846543. Said Account was charged off on 1/31/2008 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $5352.74. 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 was6/20/2007 in the amount of $ 44.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $5,352.74. 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: ??+?ti4itrrtt??+ Carol odrey `NOTARY ` Authorized resentative Pusuc Subscribed and sworn before me, September 18, 2008. Q : REG. #7492263 = MY COMMISSION ' EXPIRES •.212912012 r`` otary Public: Amanda Guthrie tTtl?` ,,•?` THIS COMMUNICATION IS FROM A DEBT COLLECTOR Apothaker R. Associates: CGAFF- 3414334 - 0041676 CREDIT & FtgANCE CqCpRPORATEQ PO Box 13388 . Roanoke, VA 24033 Account Statement Original Creditor Account Number: 5155920401846543 JANET S SGRiGNOU 139 N ENOLA DR Original Creditor: HSBC ENOE.A, PA 17025-2521 Original Creditor Last Pay Date: 612012007 Original Creditor Last Payment Amount: $ 44.00 Original Creditor Charge Off Date: 1131/2008 ACF ID Number: 3414334 SSN: XXX-XX-7592 CONFIDENTIAL PROPERTY OF ATLANTIC CREDIT & FINANCE, INC. ra 5b ?- r C? C4 oft L7 , SHERIFF'S RETURN - REGULAR CASE NO: 2009-00308 P 4w COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC- ..,,..,. VS SGRIGNOLI JANET S MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SGRIGNOLI JANET S the DEFENDANT , at 1557:00 HOURS, on the 30th day of January , 2009 at 139 N ENOLA DRIVE ENOLA, PA 17025-2521 by handing to TRAVIS SGRIGNOLI a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 40.50 Affidavit .00 Surcharge 10.00 .00 68.50 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/02/2009 APOTHAKER & ASSOCIATES By: Deputy Sheriff of A. D. ? C3 ? ? ? cA ?' r??? ? r; ? ? ? ? r, V - [> Yom;, .. Yi1 'G'^' i._ ,r' f ? ?? ? ? Our File No.: 185819 C c " `n " APOTHAKER & ASSOCIATES, P.C. rao " t BY: Kimberly F. Scian, Esquire - G Attorney I.D.# 55140 (4r ,fib N ?rn C 5 1-3 520 Fellowship Road C306 cv - Mount Laurel, NJ 08054 C:)-,n (800) 672-0215 1>: w o Attorney for Plaintiff --11 ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. NO. 09-308 JANET S SGRIGNOLI Defendant PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection LB : imb rI F. Scian, Esquire Dated: August 24, 2011 11111111111111111111111111