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Home My WebLink About09-0539Ou;File No.: 194593 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 CAPITAL ONE c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. ZACHARY E DEITCH 329 S FRONT ST APT 1 WORMLEYSBURG, PA 17043 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. OR - 539 NOTICE O;viL -teril% 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 Our File No.: 194593 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 CAPITAL ONE ) c/o Apothaker & Associates, P.C. ) 520 Fellowship Road C306 ) Mount Laurel, NJ 08054 ) Plaintiff, ) vs. ) ZACHARY E DEITCH ) 329 S FRONT ST APT 1 ) WORMLEYSBURG, PA 17043 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: O4- X39 ? -7-t4,-, CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is ATLANTIC 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 ZACHARY E DEITCH, an adult individual residing at 329 S FRONT ST APT 1 WORMLEYSBURG, PA 17043. 3. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE, is the Assignee and Successor in Interest of Account #5601008111151292; and said account was issued to Defendant(s) by CAPITAL ONE, 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 $5,744.29. 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 $5,744.29 and requests this Court award Plaintiff A Law Firm and costs to the extent permitted by applicable law. ?OCIATES, P.C. Plaintiff in Debt Collectioi BY: David J. , Esquire Dated: 1 /21 /2009 Our File No.: 194593 ¦ VERIFICATION eataP.sou n. C-,mu hereby states that I am TVy ii p Q°?p? }iyP 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. &am 0. AMI I P1 DATE: N L Q? ATLANTIC CREDIT & FINANCE, INC. V. DEC 1 0 20Q8 ZACHARY E DEITCH._ 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 CAPITAL ONE INSTALLMENT Account No. 5601008111151292. Said Account was charged off on 6/29/2007 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $5358.59. 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 was 5/9/2008 in the amount of $ 108.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $5,250.59. 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 epresentati ve Subscribed and sworn before me, De NGray THIS COMMUNICATION IS FROM A DEBT COLLECTOR A.pothaker & Associate-s: CGAFF- 3348872 - 000 i 666 ?' *yAflanfic CREW & ANANCE INCORPORATED Account Statement PO Box 13386 . Roanoke, VA 24033 Original Creditor Account Number: 5601008111151292 ZACHARY E DEITCH 329 S FRONT ST. APT 1 WORMLEYSBURG, PA 17043 Original Creditor: CAPITAL ONE INSTALLMENT Original Creditor Last Pay Date: 512212007 Original Creditor Last Payment Amount: $ 146.82 Original Creditor Charge Off Date: 6/29/2007 Current Balance $5,250.59 ACF Payment Date: 5/9/2008 CONFIDFd DAL PROPERTY OF ATLANTIC CREDIT & FINANCE, INC. ?__ r? ?? adJ {yJ ? ? pp T? ? (? ?? O ? ?{ V " 7 ? ? J F"'? ) r... ?7 } f, - ,. ':? .::.? LET ,. i`.? :13 "< SHERIFF'S RETURN - REGULAR CASE NO: 2009-00539 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS DEITCH ZACHARY E STEVE BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DEITCH ZACHARY E the DEFENDANT , at 0012:00 HOURS, on the 12th day of February-, 2009 at 329 S FRONT STREET APT 1 WORMLEYSBURG, PA 17043 by handing to ZACHARY DEITCH DEFENDANT 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 14.40 .00 /5z- 10.00 R. Thomas Kline .00 42.40 02/13/2009 APOTHAKER & ASSOCIATES By: day Deputy Sheriff A. D. .?-? ?"3 _? t ' ,? ? ?? ?..: rJ" _ ?%- _?. e i .. J ...C, ? 1= ILEO-Or FACE OI= THE PI~ OTHONOTAR 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 # 9412676 2012 FEB -3 AM 11: 36 Attorney forPla?ftbl-ANO COUNTY PENNSYLVANIA ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM CAPITAL ONE Plaintiff vs. CUMBERLAND County Court of Common Pleas No.: 09-539 ZACHARY E DEITCH 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. William T. M zan Attorney fo laintiff '0TAi WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah E. Ehasz, Esquire I.D. No.86469 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9412676 ATLANTIC CREDIT & FINANCE INC ASSIGNEE FROM CAPITAL ONE Plaintiff VS. ZACHARY E DEITCH Defendant(s) Attorney for Plaintiff(s)' ' " 14 Ft 2:52 LAND COUN T ?, ra???SYL?IA??A Cumberland County Court of Common Pleas NO. 09-539 PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., I/P.A. By. q Sarah E. Ehasz, Esquire Attorney for Plaintiff * %a. soP1 ab? (?,}1 IbSS? ? oho