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HomeMy WebLinkAbout09-2221 Our File No.: 200996 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. JOYCE E NOGGLE 3C CREEKSIDE DR CARLISLE, PA 17015-7846 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: CA-0U21 0,;-ii( 1 U'v^ 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.: 200996 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. JOYCE E NOGGLE 3C CREEKSIDE DR CARLISLE, PA 17015-7846 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY 6 9_ 7, 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 JOYCE E NOGGLE, an adult individual residing at 3C CREEKSIDE DR CARLISLE, PA 17015-7846. 3. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, is the Assignee and Successor in Interest of Account #5155930006079008; 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 $2,403.02. 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 $2,403.02 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & AS CIATES, P.C. Attorney r P ' tiff A Law Firm Ena ed i Debt Collection BY: Dated: 4/2/2009 David J. A Our File No.: 200996 VERIFICATION Q UP 9r)U Q . -knu hereby states that I an HUT k7] , wA (I-Mu iiniWe for Plainti in this action, and that I am authorized to take this Vedfication, and that the statements made in the foregoing Civil- Action Complaint are true and correct to the best of my lmowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa_C.SA 4904 relating to unswor falsification to mmthorilies. 0 P1 DATE: A0 ATLANTIC CREDIT & FINANCE, INC. V. JOYCE E NOGGLE 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. 5155930006079008. Said Account was charged off on 6/30/2008 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $2298.73. 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 wasl 1/11/2007 in the amount of $ 20.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $2,298.73. 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 f/ G7?y. ?> ?tittwitllliT?? Kristen Collins Authorized Representative ' '- Subscribed and sworn before me, February 1 0 X y. r `b- .• r =cam ? yy Notary Public: Connie Kuhn THIS COMMUNICATION IS FROM A DEBT COLLECTOR Apothaker & Associates: CGAFF- 3584225 - 0001707 a CREEXT & FINANCE WORPL..dRATED' PO Box 13386 • Roanoke, VA 24033 Account Statement Original Creditor Account Number: 5155930006079008 JOYCE E NOGGLE 3C CREEKSIDE ISLE, PA A DR CARLISLE, Original Creditor. HSBC 17015-7846 C Original Creditor Last Pay Date: 11111/2007 Original Creditor Last Payment Amount: $ 20.00 Original Creditor Charge Off Date: 6/3012008 ACF 1D Number: 3584225 SSN: XXX-XX-7887 CONMENITIAL PROPERTY OF ATLANTIC CREDIT & FINANCE., INC. 0 t?F ?HE P Th?±? ,? 2089 APR _g Of ll.. 17 tJ.'v 4,73. so pa wrN a1~ aassoo Sheriffs Office of Cumberland County Ronny R Anderson R Thomas Kline Edward L Schorpp Sheriff Solicitor Chief Deputy Or? F ,y,?rr Jody S Smith Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/13/2009 04:40 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2009 at 1640 hours,-Vie served a true copy of the within Citation, upon the within named defendant, to wit: Joyce E. Noggle, by making known unto Joyce E. Noggle personally, at 3C Creekside Drive, Carlisle, Cumberland County, Pennsylvania, 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $32.50 April 14, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF De uty Sheriff Docket No. 2009-2221 Atlantic Credit & Finance v Joyce Noggle 0 N 0 C- C= c j o i cn O ATLANTIC CREDIT & FINANCE., INC.,Assignee FROM HSBC Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09 - 2221- Civil Term JOYCE E.NOGGLE, : CIVIL ACTION - LAW Defendant Please enter my appearance for the Defendant in the above. Date: ZIAZ1 aO f Geoffrey M.Biringer 401 E.Louther Street Carlisle,PA 17013 (717)243-9400 Supreme Court ID#18040 FILED- =FICE OF THE PR T,- 10,10TA 2009 APR 22 M 11: 31 ATLANTIC CREDIT & FINANCE., INC.,Assignee FROM HSBC Plaintiff V. JOYCE E.NOGGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09 - 2221- Civil Term CIVIL ACTION - LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the defendant, Joyce E.Noggle, by and through her legal counsel, MidPenn Legal Services, and files these PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT, and in support thereof avers the following: 1. Plaintiff is Atlantic Credit and Finance Inc., an assignee of HSBC with a listed address of c/o Apothaker and Associates,P.C.,520 Fellowship RoadC306, Mount Laurel, NJ 08054 2. Defendant is Joyce E. Naugle (hereinafter "Defendant"). 3. Plaintiff filed its complaint on or about April 9, 2009. 4. Plaintiff claims that, on assignment, it is owed a balance on account for $2, 403.02 for use of a credit card. PRELIMINARY OBJECTION PURSUANT TO PA. R.C. P. No. 1028(a) (4)) (Demurrer) 5. Paragraphs I through 4 of Defendant's Preliminary Objections are hereby incorporated by reference hereto. 6. Plaintiff claims they are a successor in interest to the original creditor, but fails to attach any evidence of an assignment , other than a self-serving affidavit, which would give this creditor the right to pursue this claim 7. Plaintiff does not allege that there was any agreement between the Plaintiff and the Defendant, or the original creditor, merely the issuance of an account.. 8. Plaintiff attaches merely an "Account Statement,",to indicate, in any way, that Defendant agreed to the terms relating to balance , interest rates, or method of calculating the balance due. 9. Absent such allegations, Plaintiff fails to adequately state a cause of action. 10. Plaintiff's claims that Defendant accepted and used the card, but fails to describe how Defendant was unjustly enriched and does not include an itemization of the goods purchased, information that goes to the very core of Plaintiff's claim. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for failure to state a cause a cause of action. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P. No. 1028(a)(3) (INSUFFICIENT SPECIFICITY IN A PLEADING) FOR FAILURE TO PROPERLY PLEAD ITEMS OR TIME, PLACE AND SPECIAL DAMAGES 11. Paragraphs 1 through 10 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 12. Plaintiff claims that it is owed a balance of an account in the amount of $2,403.02 but attaches only a generalized account statement.. Pa. R. C. P. No.1019(f) requires that averments of time, place and special damages shall be specifically stated. 13. Plaintiff's general assertion of damages therefore is in violation of Pa. R. C. P. No. 1019(f) and renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for insufficient specificity in a pleading. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P.No.1028(a)(2) and No.1019(i)(FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A WRITING 14. Paragraphs 1 through 13 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 15. Plaintiff bases its claims against Defendant on the issuance of a credit card and use of the card by Defendant. 16. Nothing is attached to the Complaint, however, of a proper assignment to the Plaintiff, any agreements between the parties, or any list of items purchased by the Plaintiff. 17. Pursuant to Pa.R.C. P.No. 1019(i), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 18. To the extent that any credit agreements between Defendant and Plaintiff, or its assignors are written, plaintiff's Complaint fails to comply with Pa. R. C. P. No. 1019(i) in that Plaintiff has failed to attach to its Complaint a copy of any such written agreements or any explanation for the absence thereof. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for failure to conform to a law or rule of court. Respectfully submitted, N idPenn Legal Services Date W-Z t Zl/? BY: Geoffrey Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Preliminary Objections to Plaintiff's Complaint on this 22nd day of April, 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: David J. Apothaker, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 By :Geoffrey AttorneDefendant t 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 ALED--Cl' Rk ,t CP THE PRC.. L 1?,,VJTARY 2009 APR 22 AN' 11: 31 Our File No.: 200996 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 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. JOYCE E NOGGLE 3C CREEKSIDE DR CARLISLE, PA 17015-7846 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-2221 N(~TTC'.F, 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.: 200996 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 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. JOYCE E NOGGLE 3C CREEKSIDE DR CARLISLE, PA 17015-7846 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-2221 AMENDED COMPLAINT FIRST COUNT 1. Plaintiff, ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC, is a company with its principal place of business located at PO Box 13386, Roanoke, VA 24033. 2. Defendant is JOYCE E NOGGLE, an adult individual residing at 3C CREEKSIDE DR CARLISLE, PA 17015-7846. 3. Defendant applied for and received a credit card from HSBC account number 5155930006079008. 4. Defendant used the credit card, account number 5155930006079008, and as of Apri121, 2009 there was an outstanding balance due and owing in the amount of $2,449.88. 5. Plaintiff purchased this account and presently owns and holds this account. 6. When Plaintiff purchased this account there was an outstanding balance due and owing of $2,449.88. Attached hereto as Exhibit "A" are the Statements. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,449.88 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm En~a~ed in Debt Collection By:; Dated: 8/4/2009 Scian, Esquire Our File No.: 200996 VERIFICATION Kimberly F. Scian, 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 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.S.A. 4904 relating to unsworn falsification to authorities. Kiml'~erly F Scian, Esquire Attorney f Plaintiff DATE: 8/4/2009 v,>t~..r><uw cxuvt~ JOYCE E NOGGLE ACCOUNT SUMMARY ACCCIUNT 5155-9300-p6a7-9008 NUMBER TOTAL CREDIT UMIT S2,000 TOTAL CREDIT UMIT $p AVAILABLE CASH CREDIT LIMB t 51,000 CASH UMIT AVAILABLE SO STATEMENT DATE 0827108 PAYMENT SUMMARY MIN{MUM PAYMENT' S23.OC PAYMENT OUE DATE 0722N8 OVERUMITAMOUNT 5298.73 PAST DUE AMOUNT 5157.0(1 CURRENT RAYMENT DUE' 5321.7 To ar+oiAwltttiuna! late and'araveifirnit fncs, you moat pay the Cuercrtt Patwrent Due <whicTi fneludes tke Minimum Payment anel wry Part Due and'w Owcrtimrt.tmaunLY}. 'SeB About Your Payment on reverse for an ernlaerafinn nr theca amnt+nls; i t Cash Credit limit is a portion of the Total CredR Limit Page 1 ai 1 BALANCE SUMMARY PREVIOUS BALANCE $2,298.73 PAYMENTSiCREOTTS - SO.flO PURCHASES/DEBtI'S f 50.00 ', FINANCE CNARGE + Sp.00 ', NEW BALAhICE = 52,298.T3 FINANCE CHARGE CALCULATION This is a grace account Grace period information on back. Average Daily Days FINANCECHARGE Nominal ANNUAL Dairy Periodic in At Periodic Cash Advance! Annual PERCENTAGE Balance Rate billing Rate Transaction Fees PercerMage RATE Cycle Rats PURCHASES 50.00 0.00000960 3t 50.00 f0.00 0.00°16(x) 0.000% CASH ADVANCES 50.00 p.Dfi0p096(v) St Sp.OC1 50.00 21.90%(x) 21.9007. {v) Irx3icates variable rate ~ MAIL PAYMENTS TO: '~' QUESTIONS? t~ MAIL INQUIRIES TO: HSBC CARD SERVICES 24-HOUR CUSTOMER SERVICE HSBC CARD SERVICES PO BOX 17051 1.8p0-4(32-2078 PO BOX 81622 BALTIMORE MD 21297-1051 OUTSIDE USA, COLLECT; 1-757.6233880 SAUNAS CA 93912-1622 TDD HEARING IMPAIRED: 1.800- !',1 Marlage your account online at: www.orchardbank.com 090752 51 27 0000000103 G 5TMT43 O 1 pppprj~ oast PLEASE DETACH AND RETURN 80TTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check Account Number 5155-9300-0607-900 dew Balance 52,298:73 Minimum Payment 523.0 'aymerlt Due Date 07!22/08 Current Payment Due 1:321.7 Iclude account number on check to HSBC CARD SERVICES. Do nd send cash. Ser payment 7 to f0 days prior to Payment Due Date to ensure tirrkely delivery. To avoid additional late and/or overlimit fees, pay the Curent Payment Due. Anwuni Exiased JOYCE E NoccLB i11i~Ii~inrlhiUhlhlir~u~idl~,n~~~r~iri~r~rit~irri~l~lrril 3C CREEKSZDE DR CAStZ.ZSLE YA 17015-7845 HSBC ~~ SERVICES 1?O BOX 17051 ('~I'~~Iltt'Ilrl~l'~I~t1~1111161,'~~IIPI~rIlr~l~ul~l~l~l~~~l~r BnLr=MORE ~ 212s~-1o51 ~~ ~f~d Y 51559300060?90800032173002298730 VILI.I'k1tV1 DCUViS JOYCE E NOGGLE ACGOl,JNT SUMMARY ACCOUNT 5155.9300-0807-9008 NUMBER TOTALCREDRLIMIT 52,000 TOTAL CREDR LIMIT 30 AVAILABLE GASH CREDIT LIMIT t f1,000 CASH LIMIT AVAILABLE f0 STATEMENT DATE 12!27!07 PAYMENT SUMMARY MINIMUM PAYMENT' $2200 PAYMENT OUE DATE 01/27/08 OVERLIMR AMOUNT 5102,34 PAST DUE AMOUNT 527.00 ~ CURRENT PAYMENT OUE• 5124. To vwia adJitioeol late ardor uw~ rimir, fie:, }vu murtpa}• the CarnwrPayamnt the (w~htch heeludex the Afinimwa Pacment mrd a»v Past Due and/or O++rrdimir Amavncel• '$ee ADOUt Your Payment on reverse for an e,rn{nrn}inn rJ than amrulMa t Cash Credit Limit a a portbrt or the Total Credit Lmit htau~rcaru Page 1 of 1 BALANCE SUMMARY PREVIOUS BALANCE 52,014.83 PAYMEtJTS1CREDITS ~. 30.00 PURCHASESlOEBITS + 587.51 FINANCE CHARGE + X0.00 NEW BALANCE = 52,102.34 ~I TRANSAGTI4N SUMMARY ~ {For additional tranwction detail ~ b w++w.orchardWnk.com) TRANS POST TRANSACTION REFERENCE AMOVNT GATE PATE DESCRIPTION NUMBER CHARGES CREDITS 12421 1?P21 LATE CHARGE ASSESSMENT 10000001030000998786900 535.00 72!21 12121 OVERLIMti CHARGE ASSESSMENT tOD00001030000999706890 535.00 12!27 12!27 ACCOUNTSECURE PLUS 800.690.1532 517.51 PROTECT YOUR CREDIT RATING. YOUR ACCOUNT IS PAST DUE CALL 800395-0Fi00 TODAY TO MAKE YOUR PAY MENT. THANK YOU. FINANCE CHARGE CALCULATION This is a grace account Grace period information on back Average Dairy pays .FINANCE CHARGE Nominal ANNUAL Daily Periodic in At Periodic Cash Advanced Annual PERCENTAGE Balance Rate Billing Rate Transaction Foes Percentage RATE Cycle Rate PURCHASES 50.00 0.0000096 30 50.00 50.00 000% 0.000% CASH ADVANCES 30.00 0.00000% 30 50.00 50.00 24.4046 24.400% / MAIL PAYMENTS TO: HSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 $ QUESTIONS? 24-HOUR CUSTOMER SERVICE 1.800.462-2016 OUTSIDE USA, COLLECT: 1.757-523.3880 TDO HEARING IMPAIRED: 1-800395-9020 .i;3 Manage yarn accarnt online at: 7hrvwv.orchardbank.com ® MAIL INQUIRIES TO: HSBC CARD SERVICES PO BOX 81622 SAUNAS CA 9391 2-1 822 090752 S A Z7 0000000103 G STM743 D 1 OBS1 00006915 PLEASE DETACH AND RETURN BOTTOM PORTION W1TFi YOUR PAYMEM: To Assure Proper Credit Pkase Write Yaur Account Numt7erOn Your Check Account Number 5155-9300-0607-9001' Jew Balance 52,102.34 Isfknimum Payrnerd 522:0! ~aymeM Due Date Otd21A8 Current Payment Due ft24.3i !elude gxounf twmtGer on chock to HSl3C CARD SERVICES. Do not send cash. Sen payment 7 days prior to Payment Due Dete to ensure timely delivery. Ta avokt additional Iota anddor overlimR fees, pay the CurceM Payment Due, Amount Enclose! JOYCE E NOCiC3LE 3C CRBEKSZDE DR CARLISLE PA 17015-7896 ~nr~~~ru~~~trun~~r~r~r~ru~~u~u~>!r~r~~rr~~rrrrr~~r~u~r) IiSBC CARD SERVICES PO BOX 17051 BALTZMORB ?>D 21247-1051 ~tr~r~rrr~~rr~r~~i•~rr~rrr~ur~~~lnu~r~rut~~u~r~~ 5.1.5593000607900800012434002.1.02346 ~..ll~l..l-1CLK1.~ DCUV It ~~~~_ ~`"I`'-{ ~ f i 11 f i-~ ~~ +~ 1~ i ~ t 3.~~ ~~ ~ 3 D zoo ,, ~~ J©YCE E NOGGLE -Valued Cardmember Since 2007 E~rge t of 1 ACCOUNT SUMMARY ACCdIiNT 51559300.0607-9008 NVMBER TOTAL CREDR LIMIT 52,000 TOTAL GREOIT LIMIT ;0 AVAILABLE CASH CREDIT LIMIT 1 51,000 CASH LtMiT AVAILABLE SD STATEMEM' DATE 11/277 PAYMENT SUMMARY MINIMUM PAYMENT' S21.Op PAYMENT DUE DATE 12!21!0'7 OVERLIMIT AMOUNT 514.83 CURRENT PAYMENT DUE' 535.83 To uwrid un overlimir, jee vn ~»ur New tfotwrcr, yrur must pay thr Current Fayr+ertr i)v~! {wfikh includes rhe.S4intinvm PuYmehr rvp(any C).rrHmit AnrounrJ. ~ See Abaft Your Payne on reverse for an explanation of these amounts. f Cash Credit Limit k a portan of the Trial Credit Lmit BALANCE SUMMARY PREVIOUS BALANCE 51:941.11. PAYMENTStC:REQITS - $20,00 PURCHASES/OEBITS + 593.72 FINANCE CHARGE + 50_00 NEW BALANCE = 52,014,83 TRANSACTION SUMMARY {For addkianal transaction detail go to vnvw.orrfiardbank.com) TRANS POST TRANSACTION REFERENCE AMOUflT DATE GATE DESCRIPTION NUMBER CHARGES CREDITS 11111 11112 PAYMENT -THANK YOU 21 t 1107A016842001103501 -$20,00 10128 10J29 HESS 36357 038 CARLISLE PA MT073020D8500001021D509 533.87 10!30 11!01 HESS 38357 036 CARLISLE PA MT073050099000010043313 515,00 11118 11120 SUNOCO SVC STATbN 021 MECHANICSBURG PA MT073240103000010034752 517.53 1 tl24 11f2$ HESS 38357 038 CARLISLE PA MT073300100000010054465 570.54 *>1/27 11027 ACCOUNTSECURE PLUS 800.890-1532 516.78 FINANCE CHARGE CALCULATION This rs a grace account. Grace Period information on back. Average wiry Days FINANCE CHARGE .Nominal ANNUAL Daily Periodic in At Periodic Cash Advance/ Annual PERCENTAGE Balance Rata Billing Rate Transaction Fees pereeMaye RATE Cycle Rate PURCHASES 50.00 0.00000% 30 ;0.00 50.00 0.00% 0.000% CASH AbVANCES 5400 0.0000096 30 50.00 50.00 24.65% 24.05045 / MQIL PAYMENTS TO: HSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297.1051 ~' QUESTIONS? 24-HOUR CUSTOMER SERVICE 1.804482.2018 OUTSIDE USA, COLLECT; 1.757.523.3880 TDD HEARING IMPAIRED: i-800395-9020 Manage your account online at: www.orcttardbank.cam ® MAIL INQUIRIES TO: NSBC CARD SERVICES PO BOX 81622 SAUNAS CA 912-1622 X07525 27 0000000103 G STMT43 D 1 00007T79 CBS1 PLEASE CETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Ct>eclr Account Number 5155-9300-0607 900E Vsw Balance 52,Oid.83 Minimum Payment E21:0f ~aymertt Due Date 12!21/07 Current Payment Due 1t35.~ !elude account number on check to HSBC CARD SERVICES. Do not semi cash- Send oavmer 7 days prior to Payment Duo Date to ensure timely delivery. To sued an overlimft tee on your Now Balance, pay the Current Payment fie. Amount Encbsed JOYCS 8 NOGGLB 3C CREEKSIDE DR CARLZSLH PA 17015-7846 i,„! I L„I 11,,,,„! 1, I, L I,„I1„I„I,, L! I„I I,,,,, l !, I„ I, I BSBC CARD SERVICES P(7 BOX 17a51 BALTIMORE AID 21247-1051 I„I,In,ll„l,II,!„ I,uIn,IIlI,,uI,I,,,,IlnI,II 515593000607900800003583002014835 x~;~ ATLANTIC CREDIT & FINANCE, INC. v. JOYCE E NUGGLE AFFIDAVIT' QF DEBT A.ND VERIFIED BILL OF PARTICULARS The undersigned being first duly sworn according to taw, 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. Plaintiff s principal business eansists of purchasing charged off receivables. 2. The Defendant defaulted an HSBC Account No. 5155930006079008. Said Account was charged off on 6J30/2008 and subsequently sold to Atlantic Credit & Finance, inc with a balance of $2298.73. 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 andlor 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 Plaintiffls records, the last :payment date wall l/1112007 in the amount of $ 20.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing an this indebtedness of $2,298.73. 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; ~ _~r Kristen Collins Authorized Representative Subscribed and sworn before me, February 1 0 9 . Notary Public: Connie Kuhn THIS COMMUNICATION IS FROM A DEBT COLLECTOR Apothaker & Associates: CGAFF- 3584225 - 0001707 ~~~4~-t~~ir~irr ~~ 't`~ ~~ U~r~~y2~.~. ~. ~~ :~=. r ° ~ ~Y~~ ~'~~~ ~ ~ 2 •. ,'?y IFS y ~. ;. /~ /fir, .~~'F,~~~~f f7~ V1R~~~`~~~~~. ~- ., -,.' r?'~ C~" "_ _ . ~. ~~~ u ~,_ sf .. t ~ i ~. ~ i~ i.. ~4~~. i'~~ ~' ~-b Our File No.: 200996 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM HSBC vs. JOYCE E NOGGLE Plaintiff, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-2221 CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on 8/4/2009, I mailed a copy of the Amended Complaint by Regular mail to GEOFFREY BIRINGER, ESQUIRE 401 EAST LOUTHER STREET SUITE 103 CARLISLE, PA 17013 f r ; .--'` ~~ Kim er F. Scian, Esquire Attorney for Plaintiff Date: 8/4/2009 Our File No.: 200996 2~~9 F U~ -~ Ft ~ ~ : ; ~{ Y ? Our File No.: 200996 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 n C z v a° COURT OF COMMON PLEAZ-9 CUMBERLAND COUNTY ?'? Plaintiff, Vs. NO. 09-2221 JOYCE E NOGGLE Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection By: ly y. Scian, Esquire Dated: August 24, 2011 11111111111111111111111 N C= s c G7 -0 N w r*t -0 m MJ=) CD , =° ?C,)