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Home My WebLink About09-2050} Our File No.: 202240 APOTHAKER & ASSOCIATES, P.C. BY:` DavidT 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. DELWIN C BARR 1550 WILLIAMS GROVE RD LOT 128 MECHANICSBURG, PA 17055-5347 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: M - a10w NOTICE OA-VI, 1pirytl 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 s Our File No.: 202240 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. DELWIN C BARR 1550 WILLIAMS GROVE RD LOT 128 MECHANICSBURG, PA 17055-5347 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: o 4. 2 o sv cu;,;P TZ. 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 DELWIN C BARR, an adult individual residing at 1550 WILLIAMS GROVE RD LOT 128 MECHANICSBURG, PA 17055-5347. 3. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, is the Assignee and Successor in Interest of Account #5499441002218033; 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 $7,754.35. 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 $7,754.35 and requests this Court award Plaintiff attorney's A Law BY: Dated: 3/26/2009 David J. costs to the extent permitted by applicable law. & A OCIATES, P.C. -y fo Plaintiff ;a in Debt Collection Esquire Our File No.: 202240 ti VERIFICATION C'QUP,enU hereby states that I am 6 i ?p pin ve for Plainti$'in this action, and that I am authorized to take this Verification, and that the statements made m the foregoing Civfl Action Complaint are true and coaect to the best of my knowledge, infonmation, and belief The undersigned vmd=tm2ds that the statements therein are made subject to the penalties of 18 Pa_C.SA. 4904 relating to unswom falsification to authorities. &IMM 0. u9m P1 DATE: ATLANTIC CREDIT & FINANCE, INC. V. DEL C BARR 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: I. Plaintiff's principal business consists of purchasing charged off receivables. 2. The Defendant defaulted on HSBC Account No. 5499441002218033. Said Account was charged off on 7/31/2007 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $7053.98. 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, Plainfiiffand/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 was] 1/29/2405 in the amount of $ 201.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of 57,053.95. 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: ?? gk. Kristen Collins Authorized Representative Subscribed and sworn before me, February 16, 2009. 119 Notary Public: Connie Kutm THIS COMMUNICATION IS FROM A DEBT COLLECTOR Apothaker & Associates: CGAFF- 3200130 - 0001641 ACREW & ANANCE 11 DATED Account Statement PO Box 13386 • Roanoke, VA 24033 Original Creditor Account Number: 5499441002218033 DEL C BARR 1550 WILLIAMS GROVE RD LOT 128 MECHANICSBURG, PA 0000017055 Original Creditor: HSBC Original Creditor Last Pay Date: 11/2912006 Original Creditor Last Payment Amount: $ 201.00 Original Creditor Charge Off Date: 7/31/2007 ACF ID Number: 3200130 SSN: XXX-XX-1987 Purchased ACF Payment Current Balance Balance Activity Y` $7,053.98 $ .00 $7,053.98 ACF Payment Date: CONFIIDF.NTIAI, PROPERTY OF ATL KFIC CREDIT & FINANCF, INC. a/ OF TPE Ppo 20 ""r X03 ?8 , 50 Pb ATTN co tell &0 D & as sow Sheriffs Office of Cumberland County R Thomas Kline c.° .0 of 6(111$rr{; i? Edward LSchorpp Sheriff Ronny R Anderson Jody S Smith Chief Deputy c,F ,C.E r 5"ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/16/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Delwin C. Barr, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Delwin C Barr. Anthony Barr, resident at 1550 Williams Grove Road, LOT 128 Mechanicsburg, Cumberland County, Pennsylvania 17055 states the defendant Delwin C. Barr has moved. The exact address is not available. The Mechanicsburg postmaster returned a post office check as mail being delivered to this address for the defendant. SHERIFF COST: $42.00 April 16, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 2009-2050 Atlantic Credit & Finance VS. Delwin C. Barr 1 , Wj ` 4Ji ??t : f if t 2009 APR 20 i 8: b, b cU;r^'}= Our File No.: 202240 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 H5BC Plaintiff, vs. DELWIN C BARB Defendant. Fl~E - - ~; ~ ~ ~,„ ;,c~ ~. q~vG~ 3 Prn a:3~ ,~, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-2050 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & AyS80~IATES, P.C. A Law Firm By: David J. Apoth~r, Esquire Dated: 7/27/2010