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Home My WebLink About09-2052ti M Our File No.: 201263 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.: CA - ADSa LINDA L FUHRMANECK 208 BIRCH IN CARLISLE, PA 17015-7850 Defendant. NOTICE 0,1vi t Jerk 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.: 201263 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. LINDA L FUHRMANECK 208 BIRCH LN CARLISLE, PA 17015-7850 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: D 9' s'.2 ?'? le r 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 LINDA L FUHRMANECK, an adult individual residing at 208 BIRCH LN CARLISLE, PA 17015-7850. 3. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, is the Assignee and Successor in Interest of Account #5458005000905583; 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 $3,378.20. 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 $3,378.20 and requests this Court award Plaintiff attorney's "costs to the extent permitted by applicable law. & ASSOCIATES, P.C. Dated: 3/26/2009 A Law Firm E gage in Collection BY: David J. Apothaker, Esquire Our File No.: 201263 I a VERIFICATION (IOUP MU M. Gknij hereby states that I am d 06-owp ah -l iyr for Plainti$' 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 undemped,*nderstands that the statements therein are made subject to the penalties of 18 Pa_C.S.A- 4904 relating to unswom falsification to authorities. &Ii. M. t S9 On& I DATE: • ATLANTIC CREDIT & FINANCE, INC. V. LINDA L FUHRMANECK AFFIDAVIT OF DEBT AND VERIFIED BILL OF PARTIC 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. 5458005000905583. Said Account was charged off on 673012008 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $3235.14. 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 wasI0I2812007 in the amount of $ 80.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $3,235.14. 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: K i C lli 1 04 r sten o ns 7 ° Authorized Representative = ?- - .'7 Subscribed and sworn before me, February 10, 2009. Y? ' C ' • Notary Public: Lonnie Kuhn *j? gt T s?? ??• ? z t* Ut t+ita??t?t? THIS COMMUNICATION IS FROM A DEBT COLLECTOR Apothaker & Associates: CGAFF- 3003629 - 00017 08 t;wittflan.... CREUT & ANANCE 'wlCORPORATED PO Box 13386 . Roanoke, VA 24033 Account Statement Original Creditor Last Pay Date: 10128/2007 Original Creditor Last Payment Amount: $ 80.00 Original Creditor Charge Off Date 6/30/2008 ACF ID Number: 3603629 SSN: XXX-XX-4355 CONFIDENTIAL PROPERTY OF ATLANTIC CREDIT & FINANCE, INC. aF 71 M =APR -I PH It 06 1 17 4`79 . 5o PA ArTry IT O aa3oQ4 Shehff s Office of Cumberland County R Thomas Kline ?e atr at V-Umber, nawara i, .5cnorpp Sheri` 444 Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF fCE OF THE s RUFF Civil Process Sergeant SH RIFF'S RETURN OF SERVICE 04/06/2009 07:20 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that onApril 3, 201 at 1920 hours, he served true copy of the within Complaint and Notice, upon the within named defendan to wit: Linda Fuhmaneck, y making known unto herself personally, defendant at 208 Birch Lane Carlisle, Cumberland County, Pen sylvania 17015 its contents and at the same time handing to her personally the said true and correct cop of the same. SHERIFF COST: $33.40 SO ANSWERS, April 06, 2009 R THOMAS KLINE, SHERIFF 2009-2052 By ATLANTIC CREDIT D4.M.11+13 f VS LI NDA L. FUHRMA ECK H?Fs i O THE PF?QTHCNOTARY 2H9 APR -9 AM 9: 48 Cumbb, k.'Ilj,.;- iii N f PENNSYEVAi Q 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 # 9412836 ZB12FEB--3 AMrl** J, Attorney for Plaintiff(s) CUhtB NlLSYLUYANNA TY p ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC Plaintiff VS. CUMBERLAND County Court of Common Pleas No.: 09-2052 LINDA L FUHRMANECK 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. By 1/ William T. Mol n Attorney for Plaintiff