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Home My WebLink About09-0541r ? R Our File No.: 189511 '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. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Dq - 541 0,10 term PAUL LAMPMAN 307 N MARKET ST MECHANICSBURG, PA 17055 Defendant. 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 1 f 4 Our File No.: 189511 'APOVIAKER & 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. PAUL LAMPMAN 307 N MARKET ST MECHANICSBURG, PA 17055 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 q - _'5q r Cu ',--t 71- 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 PAUL LAMPMAN, an adult individual residing at 307 N MARKET ST MECHANICSBURG, PA 17055. 3. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, is the Assignee and Successor in Interest of Account #7021271288584748; and said account was issued to Defendant(s) by HSBC RETAIL, 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 $2,534.27. 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 $2,534.27 and requests this Court award Plaintiff attomey's fees and costs to the extent permitted by applicable law. APOTHAKER Attom A Law Firm Enj BY: David J. AS OCIATES, P.C. for laintiff ed m Debt Collectio r'aker, Esquire Dated: 1 /21 /2009 Our File No.: 189511 } ? } t VERIFICATION O p Bnu ni . 64nq hereby states that I am 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.SA 4904 relating to unworn falsification to authorities. Ant I PIA7dff DATE: iZ%1i ATLANTIC CREDIT & FINANCE, INC. V. PAUL LAWMAN 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 RETAIL Account No. 7021271288584748. Said Account was charged off on 5/31/2008 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $2440.01. 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 wasl2/11/2007 in the amount of $ 38.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $2,440.01. 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 To- drey Authorized resentative Subscribed and sworn before me, October 22, 2008. Notary Public: Amanda Guthrie THIS COMMUNICATION IS FROM A DEBT COLLECTOR ?5tiytiAfii?t/ rr r7l M Apothaker & Associates: CGAFF- 3554097 - 0001702 r CREDIT & ANANCE i GD PO Box 13388 . Roanoke, VA 24033 Account Statement Original Creditor Account Number: 7021271288584748 PAULLAMPMAN 307 MARKET ST ME CHA NICSBICSBU RG, PA 17055 Original Creditor: HSBC RETAIL N Original Creditor Last Pay Date: 12/1112007 Original Creditor Last Payment Amount: $ 38.00 Original Creditor Charge Off Date: 5/31/2008 ACF 1D Number: 3554097 SSN: XXX-XX-7875 Purchased ACF Payment Current Balance Balance ` Activity $2440:01 $ .00 $2,440.01 ACF Payment Date: CONFIDENTIAL PROPERTY OF ATLANTIC CREDIT & FINANCE, INC. ? 00 a SHERIFF'S RETURN - REGULAR CASE NO: 2009-00541 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS LAMPMAN PAUL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LAMPMAN PAUL the DEFENDANT , at 0009:35 HOURS, on the 4th day of February , 2009 at 307 N MARKET STREET MECHANICSBURG, PA 17055 by handing to MICHELLE LUTHER FIANCE OF DEFENDANT 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: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 9.00 .00 10.00 R. Thomas Kline .00 37.00 02/05/2009 APOTHAKER & ASSOCIATES By: day Deputy Sheriff A. D. ?"'- ?--- ?*.4 ? ? '?'? -T 2`." ? 1.4 ? - " ? e„1,?- ?? F . ? R ? +AV APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (215) 634-8920 Attorneys for Plaintiff ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC COURT OF COMMONS PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-541 Vs. PAUL LAMPMAN Plaintiff, Civil Action 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 this March 26, 2009, STIPULATED by and between Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, and Defendant, PAUL LAMPMAN parties as follows: 1. Defendant agrees to pay the sum of $2,675.44, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid shall be paid by Defendant, PAUL LAWMAN, to the attorneys for Plaintiff in the following manner: a. $100.00 to be paid on or before the 1St day of each month, beginning May 1, 2009 until paid in full. 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, PAUL LAWMAN fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff must notify Defendant's attorney(s), in writing of Defendant, PAUL LAMPMAN's default. Or jPPPrAW% The name and address of Defendant's attorney(s) that notice will be sent to is: EVAN PAPPAS, ESQUIRE 3425 SIMPSON FERRY ROAD CAMP HILL, PA 17011 4. If the default is not cured within 15 days after written notice of Defendant's attorney(s), then Plaintiff has the right to obtain the entry of Judgment against Defendant, PAUL LAMPMAN, ex parte, in the sum of $2,675.44, giving Defendant, PAUL LAMPMAN credit for any sums actually paid pursuant to the terms of this Stipulation. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES ai Attorneys for P?atiff A Law Firm Enizaae ebt Collection F. Scian, Esquire Our File No.: 189511 RLC-D- 04cTICE OF THE p,-- ?TH1'NOTARY 2099 APR 20 PH 2' 58 CUNT; 1 :? .J?,i,r r Our File No.: 189511 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 HSBC Plaintiff, vs. PAUL LAMPMAN Defendant. r° R0rH0NOI..TAR 2011 AUG - I PPS 1: 45 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-541 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER Attorn, A Law Firm Elf By: David J Dated: 7/22/201 I SOCIATES, P.C. Plaintiff in Debt Collectioi , Esquire