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Home My WebLink About09-1998Our File No.: 200356 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.: Oq ' 19q8 0-tv-t(-WtiLt MITCHELL W CROSS 1550 WILLIAMS GROVE RD MECHANICSBURG, PA 17055-5346 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 Our File No.: 200356 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. MITCHELL W CROSS 1550 WILLIAMS GROVE RD MECHANICSBURG, PA 17055-5346 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: D 1, ?? -e - 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 MITCHELL W CROSS, an adult individual residing at 1550 WILLIAMS GROVE RD MECHANICSBURG, PA 17055-5346. 3. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, is the Assignee and Successor in Interest of Account #5480430003977326; 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 $5,031.50. 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 $5,031.50 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ;ArOCAA TE S, P.C. Attorney l tebTtColle6fiol A Law Firm En¢ ed in Dated: 3/20/2009 BY: David J. , Esquire Our File No.: 200356 I.- VERIFICATION t M- (4m, hereby states that I am _113?°t? e?Q_llin?iyP for Plainti$'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 tmderstands that the statements therein are made subject to the penalties of 18 Pa.C.SA 4904 relating to unworn falsification to authorities. cw"ffn P1 DATE: ac-Z30(3 ATLANTIC CREDIT & FINANCE, INC. V. MITCHELL W CROSS s ?t AFFIDAVIT OF DEBT AND VERIFIED BILL OF PARTICULARS The unders gn;ed 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. Plaintiffs principal business consists of purchasing charged off receivables. 2. The Defendant defaulted on HSBC Account No. 5480430003977326. Said Account was charged off on 5/31/2008 and subsequently sold to Atlantic Credit & finance, Inc with a balance of $4800.3. 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 Plaintiffs records, the last payment date was10/31/2007 in the amount of $139.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $4,800.30. 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: 42?? Amanda Dun :Authorized tative Subscribed and sworn before me, January 28, 2009. Notary Public: Kristen Collins THIS COMMUNICATION IS FROM A DEBT COLLECTOR 1. ) Apodiaker & Associates: CGAFF- 3569436 - 0041703 *iAdanfic tt$9*&RNAMXt4C0MXAMW Account Statement PO Box 1=6 . Romoke, VA 2033 Original Creditor Account Number; 5480430003977326 MITCHELL W CROSS 1560 WILLIAMS GROVE RD LOT 146 Original Creditor: HSBC MECHANICSBURG, PA 17055-5346 Original Creditor Last Pay Date: 1013112007 Original Creditor Last Payment Amount: $ 139.00 Original Creditor Charge Off Date: 513112008 ACF !D Number: 3569438 SSN: XXX XX-9103 Purchased ACF'Payment Current Balance Balance Activity 44,1800,30 $ ,00 $4,800.30 ACF Payment Date: CONFIDENTIAL PROMRW OF ATLANTIC CREDIT & FINANCE, INC. 1 -6? 00 N _ p W C:) i C Sheriffs Office of Cumberland County Sheriff Thomas Kline ? ,tire of -1fin irr? Edward L Schorpp Solicitor Ronny R Anderson = Jody S Smith Chief Deputy OM CZ w w QRIFF Civil Process Sergeant SHtRIFF'S RETURN OF SERVICE 04/07/2009 06:14 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 7, 2005 at 1814 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mitchell VV. Cross, by making known unto Jennie Cross, adult in charge, at 1550 Williams Grove Road, Lot 146, Mechanisburg, Cumberland County, Pennsylvania, 17055, its contents anc at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $36.10 April 08, 2009 R THOMAS KLINE, SHERIFF Det t y S f f Docket No. 2009-1998 Atlantic Credit & Finance v Mitchell Cross ALff-r-FHCE OF THE , t THON NARY 2009 APR 13 AM 10* 36 GLlz ?...}U?4 Y PENN$YWAINA Our File No.: 2003 56 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. ) MITCHELL W CROSS ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-1998 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plai A Law Firm Engaged in eb Collectioi By: David J. Apotha`k?r, Esquire Dated: April 27, 2009 .. OF OTAPI Y 2009 MAY -8 PM 12: 34