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Home My WebLink About09-0439Our~File No.: 183639 APOfHAKER & 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. ERMINA GRACANLIJA 12 CLOVER LN MECHANICSBURG, PA 17050-3110 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Dq - 434 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 A Ou;Tile No.: 183639 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. ERMINA GRACANLIJA 12 CLOVER LN MECHANICSBURG, PA 17050-3110 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: v 9- N 3 9 C- Y -7?;" 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 ERMINA GRACANLIJA, an adult individual residing at 12 CLOVER LN MECHANICSBURG, PA 17050-3110. 3. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, is the Assignee and Successor in Interest of Account #5408010019671318; 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 $3,800.53. 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 $3,800.53 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & Attorney A Law Firm En2a4 )CIATES, P.C. aintiff Debt Collection BY: David I Akothaker, Esquire Dated: 1/15/2009 Our File No.: 183639 4 VERIFICATION ?G11.?P.Bn1,! n_ ?r?,? hereby states that I am Tht i !vA (, wgP tttnfivp 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. aTak >n M. A PPlalntfff DATE: ? 8 ATLANTIC CREDIT & FINANCE, INC. V. SEP ] 5 EI?.iYIIi'YA GRACANLIJA -- If f BY AFFIDAVIT OF DEBT AND VERIFIED BILL OF PARTICULARS~ "`1----- 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. 540801001 9671318. Said Account was charged off on 3/31/2008 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $3,627.60. 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 was7/26/2007 in the amount of $500.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $3,627.60. 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 Jodrey Authorized R resentative Subscribed and sworn before me, September 2, 2008. vwt-_,_ Notary Public: Amanda Guthrie THIS COMMUNICATION IS FROM A DEBT COLLECTOR !'%M11IFFFFF \AIDAt M4,91ri •4; Z c-, M $ k Apothaker & Associates: CGAFF- 3499801 - 0001692 ti *iAflanfic CREDIT & ANANCE WC.ORPORATED PO Box 13386 • Roanoke, VA 24033 ERMINA GRACANLIJA 12 CLOVER LN MECHANICSBURG, PA 17050-3110 SSN: XXX-XX-3690 Account Statement Original Creditor Account Number: 5408010019671318 Original Creditor: HSBC Original Creditor Last Pay Date: 7/2612007 Original Creditor Last Payment Amount: $500.00 Original Creditor Charge Off Date: 3131/2008 ACF ID Number: 3499801 CONFIDENTIAL PROPERTY OF ATLANTIC CREDIT & FINANCE, INC. C 7 r'-l C=? _ _.1 Rao CC) 0o rn 0 SHERIFF'S RETURN - REGULAR CASE NO: 2009-00439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS GRACANLIJA ERMINA MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE GRACANLIJA ERMINA was served upon the DEFENDANT , at 2019:00 HOURS, on the 29th day of January , 2009 at 12 CLOVER LN MECHANICSBURG, PA 17050-3110 by handing to ERMINA GRACANLIJA 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 9.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.00 01/30/2009 APOTHAKER & ASSOCIATES Sworn and Subscibed to By: , before me this day Deputy Sheriff of A. D. .0, q«M t.,a ` m ? ?? ' . ..c> ? _...t -?-? z-? ?? ? ? (? t. ??' ? °C} s..-• ` --?. ,? . } ? 1 y ` ? ?.? ? ,? ?"+? ? Our file No.: 183639 !? g APOTHAKER & ASSOCIATES, P.C. 0 520 Fellowship Road C306 &A Mount Laurel, NJ 08054 (800) 672-0215 6y 0 9 Attorneys for Plaintiff Attorney ID# 55140 COURT OF COMMON PLEAS ATLANTIC CREDIT & FINANCE INC. ) CUMBERLAND COUNTY ASSIGNEE FROM HSBC ) DOCKET NO.: 09-439 Plaintiff, ) VS. ) Civil Action ERMINA GRACANLIJA ) STIPULATION IN LIEU OF JUDGMENT Defendant. ) The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on February 24, 2009, STIPULATED by and between Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, and Defendant, ERMINA GRACANLIJA parties as follows: 1. Defendant agrees to pay the sum of $3,940.21, 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 $3,940.21 shall be paid by the by Defendant, ERMINA GRACANLIJA, to the attorneys for Plaintiff in the following manner: a. $1,600.00 to be paid on or before February 24, 2009; b. $200.00 to be paid on or before March 27, 2009. All checks are to made payable to ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 3. In the event Defendant, ERMINA GRACANLIJA makes all payments as stated above, this account will marked satisfied when ERMINA GRACANLIJA pays $1,800.00. 4. 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 Judgment against Defendant ex parte, in the sum of $3,940.21, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 5. 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 ERMINA GRACANLIJA by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. Collection ERMINA GRACANLIJA APOTHAKER & ASSOCIATES, P.C. c z, . . 1 Pkj :,S Our File No.: 183639 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.# 55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. NO. 09-439 ERMINA GRACANLIJA Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. Dated: April 16, 2009 APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection FILED-0 r Fri i" OF THE 90TARY 2009 APR 20 PH 3: 53