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Home My WebLink About09-2053 Our File No.: 201321 APOTHAKER & ASSOCIATES, P.C. PY: 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.: OR - ap?3 ?vt(+.1'm DAVID CORMAN 349 N COLLEGE ST CARLISLE, PA 17013 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.: 201321 APOTHAKER & ASSOCIATES, P.C. PY: 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. DAVID CORMAN 349 N COLLEGE ST CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0'7- ;20.53 C U;%' -77L"v- CIVIL ACTION COMPLAINT FIRST COUNT 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 CORMAN, an adult individual residing at 349 N COLLEGE ST CARLISLE, PA 17013. 3. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, is the Assignee and Successor in Interest of Account #0800611101870174; 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 $2,839.73. 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 $2,839.73 and requests this Court award Plaintiff attorney's Dated: 3/26/2009 APOTHAKER Atto A Law Firm BY: David J. costs to the extent permitted by applicable law. $OCIATES, P.C. Plaintiff in Debt Collection , Esquire Our File No.: 201321 I 1 VERMCATI 00"P Bnu 0. 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 unswom falsification to authorities. gins a PPIAAfff DATE: ATLANTIC CREDIT & FINANCE, INC. 1 V. DAVID CORMAN 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 boobs 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. 0800611101870174. Said Account was charged off on 6/30/2008 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of 82719.48. 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 was 11/22/2007 in the amount of 8 120.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of 82,719.48. 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. r ? B : l?!!!l Ell plrr y Kristen Collins , * .,. .3, •, Authorized Representative F ? , ? '5? of 0"'- e a t Subscribed and sworn before me, February 10, 2009. c Notary Public. Connie Kuhn ? ? ??at4?w rrf?l?a E THIS COMMUNICATION IS FROM A DEBT COLLECTOR Apothaker & Associates: CGAFF- 3615491 - 0001711 *Aflwfic CREW & SCE M)PPQRATED PO Box 13386 • Roanoke, VA 24033 Account Statement Original Creditor Account Number: 0800611101870174 DAVID CORMAN 3441 SPRING Original Creditor: HSBC RETAIL CARLISLE, PA 1 17013 Original Creditor Last Pay Date: 1112212007 Original Creditor Last Payment Amount: $ 120,00 Original Creditor Charge Off Date: 6/3012008 ACF ID Number: 3615491 SSN: XXX-XX-9705 CONFIDENTIAL PROPERTY OF ATLANTIC CREDIT & FINANCE, INC. Q OF TW"Ma,,,,W t+HArrr-i rW -It o7 OWBEI , XXU?my 09.50 Po ATN W-W !a,1854 0 la3o4-l She?iff s Office of Cumberland County R Thomas Kline $i??ta of cumbEdward L Schorpp 6. 4 Sher Solicitor iff JF,? ? rat ? ,? Ronny R Anderson Jody S Smith Chief Deputy 'FF+G OF TKE `" ERIFF Civil Process Sergeant SHeRIFF'S RETURN OF SERVICE 04/06/2009 08:55 PM - Mark Conklin, 2009 at 2055 hours, he so defendant, to wit: David C College Street Carlisle, C to her personally the said SHERIFF COST: $32.50 April 06, 2009 2009-2053 ATLANTIC CREDIT VS DAVID CORMAN uty Sheriff, who being duly sworn according to law, states that on April 3, 1 a true copy of the within Complaint and Notice, upon the within named in, by making known unto Shasta Comman, wife of defendant at 349 N. :rland County, Pennsylvania 17013 its contents and at the same time handii and correct copy of the same. SO ANSWERS, .? R THOMAS KLINE, SHERIFF By Deputy Sheriff 1 {LED-40 F CE OF THE' PROs C OTARY 2U9 APR - 9 AN 9., 4 8 Cum 1„ .? "UN 'Y