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HomeMy WebLinkAbout09-0311Our File No.: 186094 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. SHU I AMBE 3439 HAWTHORNE AVE CAMP HILL, PA 17011-2719 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 1A- %11 onvil lerw" 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.: 186094 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. SHU I AMBE 3439 HAWTHORNE AVE CAMP HILL, PA 17011-2719 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: o q - 311 CiL .( c CIVIL ACTION COMPLAINT FIRST COUNT 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 SHU I AMBE, an adult individual residing at 3439 HAWTHORNE AVE CAMP HILL, PA 17011-2719. 3. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, is the Assignee and Successor in Interest of Account #5406330010019982; 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 $1,967.88. 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 $1,967.88 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER AS CIATES, P.C. Attorn for plaintiff A Law Firm En aged Debt t261lectioi BY: David J. ApA&er, Esquire Dated: 1/8/2009 Our File No.: 186094 VERIFICATION ('? P snu of (-,mu hereby states that I am 6?p4Q 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. P1 DATE: ATLANTIC CREDIT & FINANCE, INC. V. SHU I AMBE .............. 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 beliefs states as follows: I . Plaintiffs principal business consists of purchasing charged off receivables. 2. The Defendant(s) defaulted on HSBC Account No. 5406330010019982. Said. Account was charged off on 1/31/2008 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $1,862.85. 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 to this charged off account was 611/2007 in the amount of $ 118.00 and after application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $1,862.85. 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. ?p .M Asti '', Carol Jodr ti Authoriz * NYC°Mrra2`sa Subscribed and sworn before me on, September 1.8, 2048 = rXprrss?°a : ,? Notary Public: Amanda Guthrie',` ''`• l?tylti}t THIS COMMUNICATION IS FROM A DEBT COLLECTOR Apothaker & Associates: ACFAF- 3418862 -0001676 CRBw & mAN0 P mm PO Box 13386 . Roanoke, VA 24033 Total Amount Paid to ACF Original Creditor Account Number: 5406330010019982 SHUTAMBE 106 UNITED STATES AVE CLEMENTON, NJ 08021-2639 Original Creditor: HSBC Original Creditor Last Payment Date: 6/1/2007 Original Creditor Last Payment Amount: $ 118.00 Original Creditor Charge Off Date: 1131/2008 ACF ID Number: 3418862 SSN: XXX-XX-6574 Purchased Balance $1,862.85 Account Statement $ .00 ACF Payment Date: Current Balance $1,862.85 CONFA}FNTIAI. PROPERTY OF ATLANTIC CREDIT & FINANCE, INC C= C-M r to L 4J ?Ti u? SHERIFF'S RETURN - REGULAR CASE NO: 2009-00311 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS AMBE SHU I SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AMBE SHU I the DEFENDANT , at 1923:00 HOURS, on the 23rd day of January , 2009 at 3439 HAWTHORNE AVE CAMP HILL, PA 17011-2719 SHU AMBE by handing to 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 Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 12.60 .00 10.00 R. Thomas Kline .00 40.60 01/26/2009 APOTHAKER & CI T S By: C day Dep y Sheriff A. D. C':a s'- ?? .; ?, gib: -?'? c_,.. :-' :?- ? ? .r _ ,?;; ,, . r 1- ??_ r?.? .€: ? ?;:. .:? IN Our file No.: 186094 - 2 APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC vs. SHU I AMBE ) ) Defendant. ) 09 Plaintiff, MAR20 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-311 Civil Action STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on March 04, 2009, STIPULATED by and between Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, and Defendant, SHU I AMBE parties as follows: 1. Defendant agrees to pay the sum of $2,103.76, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid of $2,103.76 shall be paid by the by Defendant, SHU I AMBE, to the attorneys for Plaintiff in the following manner: a. $100.00 was paid on February 28, 2009; b. $100.00 to be paid on or before the 28th day of each month, beginning March 28, 2009 until paid in full. INC. ASSIGNEE FROM HSBC, and sent to: All checks are to made payable to ATLANTIC CREDIT & FINANCE Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 3. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of ?, ,{ 1 `; - . I W: Judgment against Defendant ex parte, in the sum of $2,103.76, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, and default is not cured within ten (10) days, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to SHU I AMBE by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged ' t Collection B- mberl F. Scian, Esquire SHU I E .-s; .d W R ?A ??