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Home My WebLink About09-2051. • • Our File No.: 201218 APOTHAKER & ASSOCIATES, P.C. BY: bavid 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 ?1.° t w'L S NO.: N - Qbs ( Oiv -,I DAVID A HEISHMAN 131 N SPORTING HILL RD MECHANICSBURG, PA 17050-2438 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 a • Our File No.: 201218 APOTHAKER & ASSOCIATES, P.C. BY: bavid 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. DAVID A HEISHMAN 131 N SPORTING HILL RD MECHANICSBURG, PA 17050-2438 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: C9- ad 5l 0 '.er,. CIVIL ACTION COMPLAINT FIRST COUNT I. 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 DAVID A HEISHMAN, an adult individual residing at 131 N SPORTING HILL RD MECHANICSBURG, PA 17050-2438. 3. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, is the Assignee and Successor in Interest of Account #5458001519337798; 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 $10,691.51. 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 $10,691.51 and requests this Court award Plaintiff attorney's fees Dated: 3/26/2009 APOTHAKER & 1 Attorney r P A Law Firm Enga in BY: David J to the extent permitted by applicable law. TES, P.C. Collection r, Esquire Our File No.: 201218 . .. ,. VERI-CATION Pni,?P.Eni.? lY?u , hereby states that I am --?h?s nsPSp n-In?iv? for Plainti ffin this action, and that I am authorized to take this Verification, and that the statements made m 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 unswom falsification to authorities. CM-U= (D. a I I Plab?rdff <T- DATE: l 1. ATLANTIC CREDIT & FINANCE, INC. V. DAVID A HEIS.HMAN 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. Plaintiffs principal business consists of purchasing charged off receivables. 2. The Defendant defaulted on HSBC Account No. 5458001519337798. Said Account was charged off on 6130/2008 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $10238.76. 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 12/4/2007 in the amount of $ 200.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $10,238.76. 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: f Kristen Collins L???i+trr?re??r Authorized Representative !t>' ENV. Dlq, Subscribed and sworn before me, February 10, 2009. rv?r *722 Notary Public: Connie Kuhn ?? r .: trAL TH t t ? ? ?t THIS COMMUNICATION IS FROM A DEBT COLLECTOR ''? i r J t f i t# 4 ?,? Apothaker & Associates_ CGAFF- 3599842 - (W I708 ,' • '. fi0c- ?. J#anl CREW & FINANCE PORATED PO Box 13386 . Roanoke, VA 24033 Account Statement Original Creditor Account Number: 5458001519337798 DAVID A HEISHMAN 131 N SPORTING HILL RD MECHANICSBURG, PA 17050-2438 SSN: XXX-XX-9051 Original Creditor; HSBC Original Creditor Last Pay Date. 1214/2007 Original Creditor Last Payment Amount: $ 200.00 Original Creditor Charge Off Date: 8/3012008 ACF ID Number: 3599842 .. _ Purchased ACF Payment Current Balance Balance Activity $10,238.78 $ .00 $10,238.78 ACF Payment Date. CONviDENTIAL PROPERTY OIL ATLANTIC CREDIT & FINANCE, INC. cz? -- , of T+e v" M9 APR - ! PIS 3: Q? CLKS.LA.,v Caw $78.50 Pp AM-%f a'7 ass aassoqs R Thomas Kline Sheri Ronny R Anderson Chief Deputy iff s Office of Cumberland County `'jj. of C 111"brr/440 OFFICE r TAE S"-ERIFF Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant SHORIFF'S RETURN OF SERVICE 04/06/2009 05:33 PM - Dennis Fry, De uty Sheriff, who being duly sworn according to law, states that on April 6, 2005 at 1733 hours, he served true copy of the within Complaint and Notice upon the within named defendant to wit: David A. Heishman by making known unto David Heishman personally, at 131 N. Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the same time handing to him personally he said true and correct copy of the same. SHERIFF COST: $38.80 April 07, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Dejjuty She ff Docket No. 2009-2051 Atlantic Credit & Finance v s David Heishman Ftf ED- )FFICE T THE PIR,71 HC`knTA Y 2009 APR -9 AM 9: 51 PENNSYLVANIA t- • Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mnvkoshndcdlaw.net Attorney for Defendant ATLANTIC CREDIT AND IN THE COURT OF COMMON PLEAS FINANCE, INC., ASSIGNEE FROM HSBC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . V. No: 09-2051 - CIVIL TERM DAVID A. HEISHMAN Defendant To: Atlantic Credit & Finance, Inc. c/o David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment ma a entered against you. i Mich J. Pykosh, Esquire V Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mnvkosh??.dcdlaw.net Attorney for Defendant ATLANTIC CREDIT AND IN THE COURT OF COMMON PLEAS FINANCE, INC. ASSIGNEE FROM HSBC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 09-2051 - CIVIL TERM DAVID A. HEISHMAN Defendant ANSWER WITH NEW MATTER AND NOW, comes the Defendant, David A. Heishman, by and through his attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Michael J. Pykosh, Esquire, who responds to Plaintiffs Complaint as follows: 1. Admitted in Part, Denied in Part. It is admitted that the Plaintiff is Atlantic Credit & Finance, Inc., Assignee from HSBC. As for Plaintiffs address, after reasonable investigation, Defendant is without knowledge as to the truth or veracity that Plaintiff maintains a business address in care of Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. I Defendant is also without knowledge as to whether Atlantic Credit & Finance, Inc. is Assignee from HSBC. 2. Admitted. 3. Denied. The averment as set forth in Paragraph 3 constitutes a conclusion of law to which no response is required. By way of further answer, Defendant is without knowledge as to the truth or veracity of whether Plaintiff, Atlantic credit & Finance, Inc., Assignee from HSBC is the Assignee and Successor in Interest of Account # 5458001519337798 and that said account was issued to Defendant by HSBC, the original creditor. Proof is demanded at the time of trial. 4. Denied. The averments of Paragraph 4 contain conclusions of law to which no response is required. 5. Denied. The averments of Paragraph 5 contain conclusions of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the averments of Paragraph 5 and demands strict proof at time of trial in this matter. By way of further response, Defendant, after reasonable investigation, is without knowledge as to the truth or veracity of the current unpaid balance on the account. 6. Denied. The averments of Paragraph 6 contain conclusions of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the averments of Paragraph 6 and demands strict proof at time of trial in this matter. By way of further response, Defendant, after reasonable investigation, is without knowledge as to the truth or Defendant, after reasonable investigation, is without knowledge as to the truth or veracity that all credits, if any, to which Defendant is entitled have been applied to the account and are included in Exhibit "A". 7. Admitted in Part, Denied in part. It is admitted that Plaintiff has attempted to contact Defendant. The remaining averments of Paragraph 7 contain conclusions of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the remaining averments of Paragraph 7 and demands strict proof at time of trial in this matter. By way of further response, Defendant, after reasonable investigation, is without knowledge as to the truth or veracity of the current unpaid balance on the account. WHEREFORE, the Defendant, David A. Heishman, demands judgment in his favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just. DEFENDANT'S NEW MATTER 8. Defendant, David A. Heishman, incorporates and makes part of this New Matter paragraphs 1 through 7 of the foregoing Answer to Plaintiff's Complaint as if fully set forth herein. 9. Plaintiffs Action may be barred by doctrine of laches. 10. Plaintiffs Action may be barred by the doctrine of res judicata. 11. Plaintiffs Action may be barred by the doctrine of estoppel. 12. Plaintiff's Action may be barred by the doctrine of waiver. 13. Plaintiffs Action may be barred by the doctrine of unclean hands. 14. Plaintiffs Action may be barred in whole or in party by the applicable statute of limitations. 15. Plaintiff's Complaint failed to include a proper verification as required by Pa. R.C.P. 1024(c). WHEREFORE, the Defendant, David A. Heishman, demands judgment in his favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just. Respectfully Submitted, Dated: -< 0 By: I i . Pykosh, Esquire VERIFICATION I, David A. Heishman, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: 5 - 8 - o q David A. Heishman Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykosh(adcdlaw.net Attorney for Defendant ATLANTIC CREDIT AND IN THE COURT OF COMMON PLEAS FINANCE, INC. ASSIGNEE FROM HSBC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 09-2051 - CIVIL TERM DAVID A. HEISHMAN Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER and NEW MATTER, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Atlantic Credit & Finance, Inc., Assignee from HSBC c/o David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Respectfully Submitted, Dated: _? f' By: eo??7 ichae . Pykosh, Esquire Ur ETH PPOTH'"uNOTAFY c rug, 2009 NA Y -8 PM 2:40 Our file No.: 201218 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ATLANTIC CREDIT & FINANCE ) INC. ASSIGNEE FROM HSBC ) Plaintiff, ) VS. ) DAVID A HEISHMAN ) Defendant. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 09-2051 Civil Action ANSWER TO NEW MATTER Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, by and through their attorney, answers the following New Matter: 8. No responsive pleading is required. 9. Denied. Plaintiff's claim is not barred by the Doctrine of Laches. 10. Denied. Plaintiff's claim is not barred by the Doctrine of Res Judicata. 11. Denied. Plaintiff's claim is not barred by the Doctrine of Estoppel. 12. Denied. The Plaintiff's claim is not barred by the Doctrine of Waiver. 13. Denied. Plaintiff's claim is not barred by the Doctrine of Unclean Hands. 14. Denied. Plaintiff's claims are not barred by the applicable Statute of Limitations. 15. Denied. Plaintiff's verification complies with Pa. R.C.P. 1023.1. WHEREFORE, Plaintiff demands that Defendant's New Matter be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection BY: DATED: May 21, 2009 VERIFICATION Jordan, W. Felzer, Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Answer to New Matter 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. W. Felzer, Esquire .y for Plaintiff DATE: 5/21/2009 Our file No.: 201218 APOTHAKER & ASSOCIATES, P.C. BY: Jordan W. Felzer, Esquire Attorney I.D.# 38670 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 09-2051 Plaintiff, VS. DAVID A HEISHMAN Defendant. Civil Action CERTIFICATION OF SERVICE I, Jordan W. Felzer, Esquire, attorney for Plaintiff, certify that on 5/21/2009, I mailed a copy of the Answer to New Matter by Regular mail to MICHAEL J PYKOSH, ESQUIRE 2132 MARKER STREET CAMP HILL, PA 17001 ?ordan W. Felzer, Esquire Attorney for Plaintiff Date: 5/21/2009 -,9 f " Y 2 8 P 1 2': 1, L-) - ?ri Our File No.: 201218 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 ) Plaintiff, ) vs. ) DAVID A HEISHMAN ) Defendant. ) ~a~a ~~~~~ 2a ~~~ ~~ ~~ ~" ` ~;~(Y f 1 .4 ~ ~;' C~PJ~~~: ;~, ~,~~~ r ,~~iv~~.~Jr,~"J~l~. ~~P` `\. W' COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-2051 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engag m Debt Collection F. Scian, Esquire Dated: June 24, 2010