Loading...
HomeMy WebLinkAbout09-2222At Our File No.: 201219 APOTHAKER & ASSOCIATES, P.C. BY: Dhvid 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 - as JA l ( eA-ft 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.: 201219 APOTHAKER & ASSOCIATES, P.C. BY: Dfivid 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.: 0 R- z e2 Q '2 0-" 7-j,,, 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 #5458001519393510; 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 $2,257.02. 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 $2,257.02 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & AS TES, P.C. Attorney f PI 'tiff A Law Firm Engag in D bt Collection BY: David J. Apothaker Esquire Dated: 4/2/2009 Our File No.: 201219 /` VERIFICATION (?g ?P Bn ??1 ?-?m?? hereby states that I am ?? (??p?p }?yp _ for Plainti$in this action, and that I am authorized to take this Vcafication, 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. 0 P1 DATE: ` 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. Plaintiff's principal business consists of purchasing charged off receivables. 2. The Defendant defaulted on HSBC Account No. 5458001519393510. Said Account was charged off on 6/30/2008 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $2159.06. 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 wall 1/11/2007 in the amount of $ 44.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $2,159.06. 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. B": tt1f1?tg? Kristen Collins Authorized Representative , ..... ?.x Subscribed and sworn before me, February 10, 2009 ; , y <r y' > '? Notary Public: Connie Kuhn ?t l111#"t"""" THIS COMMUNICATION IS FROM A DEBT COLLECTOR Apothaker & Associates: CGAFF- 3599850 - 0001708 ., a *Atlantic CREW do ANANCE iNMRPORATED Account Statement PO Box 13386 • Roanoke, VA 24033 Original Creditor Account Number: 5458001519393510 JOYCE E NOGGLE 3C CREEKSIDE DR CARLISLE, PA 17015-7845 Original Creditor: HSBC SSN: XXX-XX-7887 Original Creditor Last Pay Date: 11/1112007 Original Creditor Last Payment Amount: $ 44.00 Original Creditor Charge Off Date: 613012008 ACF ID Number: 3599850 CONFIDENTIAL PROPERTY OF ATLANTIC CREDIT & FINANCE, INC.. ?? T}1c ??j??CVQTARy 2 00 APR -9 AN 11: 19 GUMM rt ,, , . .,,? , P?'??,ti???vv? t Ot. so Po ATTY ce lagilaa aa3sor Sheriffs Office of Cumberland County a?'" of Lu?r'be????r R Thomas Kline Sher Ronny R Anderson Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant Chief Deputy 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 She served a true copy of the within Complaint and Notice, 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 Docket No. 2009-2222 Altantic Credit & Finance v Joyce Noggle SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff C-7 a ;- ^^r^ e i i -? } Y ?.i 01 ATLANTIC CREDIT & FINANCE., INC.,Assignee FROM HSBC Plaintiff V. JOYCE E.NOGGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09 - 2222 - Civil Term CIVIL ACTION - LAW Please enter my appearance for the Defendant in the above. Date: 4-12" G1f Geoffrey M.Biringer 401 E.Louther Street Carlisle,PA 17013 (717)243-9400 Supreme Court ID#18040 ElL,EI)-0f,-rlCE OF THE C,l'P-iC 0-ARY 2009 APR 22 AM 11: 30 ?U° zit ,?-IUNTY t? U ATLANTIC CREDIT & FINANCE., INC.,Assignee FROM HSBC Plaintiff V. JOYCE E.NOGGLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : No. 09 - 2222 - 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, 257.02 for use of a credit card. PRELIMINARY OBJECTION PURSUANT TO PA. R.C. P. No. 1028(a) (4)) (Demurrer) 5. Paragraphs 1 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 $2,257.02 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(1) 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, Date ZZ N idPenn Legal Services By: . Geo Frey 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: A ? r I % " ±Z:f? aA-4r eoffrey M. Biringer Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 PILED-E Yr t:;F OP THE-- F?, 219 APR 22 At H: 31 a -? Our File No.: 201219 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.: 09-2222 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.: 201219 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.: 09-2222 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 5458001519393510. 4. Defendant used the credit card, account number 5458001519393510, and as of Apri121, 2009 there was an outstanding balance due and owing in the amount of $2,301.03. 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 $2,301.03. Attached hereto as Exhibit "A" are the Statements. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,301.03 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection ~`~ Y: imb F. Scian, Esquire Dated: 8/4/2009 Our File No.: 201219 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. ~. Kimberly . Scian, Esquire Attorney r Plaintiff DATE: 8/4/2009 ATLANTIC CREDIT & FINANCE, INC, v. JOYCE E NOGGLE AFFIDAVIT OF DEBT AND VERIFIED BILL OF PAR '``,~; ~ i, , J „f i,~ .., 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. Plaintiff's principal business consists of purchasing charged off receivables. 2. The Defendant defaulted on HSBC Account No. 5458001519393510. Said Account was charged off on 6/30/2048 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $2159.06. 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. Plaintiffconducted adue diligence investigation to determine, among other things, the accuracy of the account information provided to ascertain whether the statute oflimitations 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 Canvey its interest in the account. 5. According to Plaintiff's records, the last payment date wall 111112007 in the amount of $ 44.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $2,159.06. 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: Kristen CO111nS ~>t~~tt1F-Jirr~, Authorized Representative .~`''~,4NNlE ~t `'~~, Subscribed and sworn before me, February 10, 200 ~ ~ ~ •~'~~ ~ ~~~~~'~°'•. ~`' ~~ •~ ~~ ~~~Q~~• ~ Notary Public: Conroe Kuhn or~~fi,~ ~ ••' •~? fair, '9 •.••'•.~ ... •'••~l^ y~1 i~~~'~ C1F'1j~S'i~~~ ~~~, THIS COMMUNICATION IS FROM A DEBT COLLECTOR Apothakc:r & Associates: CGAFF- 3599850 -0001708 • BALANCE RATE RATE CHARGE RATE CYCLE DATE PURCHASES 1596.20 A7i20 % 25.99 °k 34.08 25.99 •h CASH ADVANCES 4.40 .07941 % 28.99 °k 0.40 28.94 % 34 12127147 NOW YOU CAN CONTROL, MANAGE 8 VIEW YOUR ACCOUNT ALL AT THE CLICK OF A BUTTON. GET THE TOOLS TO MAKE MANAGING YOUR ACCOUNT SIMPLE, CONVENIENT AND SEGURE. PAY YOUR BILL ONLINE, SIGN UP FOR AGCOUNT ALERTS, AND MORE. VISIT YYWW.ACCOUNTGENTRALONLINE.COM Tfl GET STARTED! ',99? {7€7r.`tl XP[ 1 7 Y8 OPi2L7 X Yai3e 2 apt 2 88ti6 7SUt) AA46 t3IKNti~9d 8125 k ~ 3 1 ~ §St A~ k ~ } w ~'~ t~ ;Sl IMY t''..F „n} i t ,;` ~+" e. ALWAYS INCWO ~' :°~~'~ ~y ~~~~ {.~: ia~ itt ~ _. t ~ ; r. r ElNG US YOUR PAYNI~t~IT~ ~ . wyk 5 { Y~Ut~ AGCDt7NT NUMBER~riN THE GHECk' s ~» ~ ~ . ka ~~ ~; _, 4 ^ ~J a New address oc email? Check Cvx.. Sao ravarse side. SEND PAYMENTS TO: JOYCE E NQGGLE 4z~ X500703018046423 3G CREEKSIDE DR 847 25 PAYMENT CENTER CARLISLE PA 17015-7846 PO SOX 17313 111111.,,filttttlllLLlJtt11111111L,1111„tl,tlffll,l.11, BALTIMORE, MD 21297-t3as ] ` IfI/It/i11111/11111111/)111/1111 IIllf Ill tllllll1111t111I1111 ' 5458Dt1151939351000©~980t1C1[116853~4 Detach and insert ttus t~ ptx'tdOn h the enebsed dweloPa. tie sure dte Peymerd Center addfess shows in the erlvefope wxsdow. DIRECT ~VIERCHANTS ~-ANK~ A 1tIEW OF YOUR. RECENT CHARGES. AND CREDITS Pay On1ne, Anytime: www.accountCentralonllna.com TRANS POST REFERENCE DATE DATE NUM$ER DESCRIPTFON CREDITS CHARGES PURCHASES, CASK ADVANCES di FEES 11127 1 1128 5543286AOODGKF9IM SUNOCO SVC STATION Q21 MECHANICS6URG PA 11.69 11130 11134 0514048AFLM7T6HFq HESS 38357 Q38 CARLISLE PA 24.44 12113 12113 0541419AVEGMRPW52 SHEETZ 44001958 MECHANICSBURG PA 15.47 12122 12122 QVERLIMiT FEE 39.44 12/22 12122. LATE FEE 39.40 'FINANCE CHARGE" PURCHASES 534.49 CASH ADVANCE 54.110 ~•~ YOUR ACCOUNT SUMMARY - DECEM8ER ACCOUNT AND PAYMEPIT;NFORMATitiN CR£DIT UNE INFORMATION ACG4UWT SUMMARY ACCOUNT NUMBER 5658 0415 1939 3510 TOTAL CREDIT iJNE S +&00 PRE_WIOttS BALANCE S 152b.51 NEri BAt.ANCE 1685.30 TOTAL AVA1lA8LE CREDIT PURCHASES + 46.70 I/NNINKJM PAYMENT DUE 98.00 GASH ADVANCE CREDR l1MIT' 3Ui CJISIt ADVANCES + O.E'~S AMOUNT PAST DUE 41.00 CASH ADVANCE AYAItABIE CRf DiT ~ CREOITS - 0-~ PAY3NENT iti1ST BE OVERIiMIT AMOUNT 85 ~J PRVMENTS - 0.00 RECEIVED BY JAN T1, 2008 'CASH ADVANCE CREDIT tilitlT tS A OTHER + 78.00 PORTi~i OF YOUR TOTAL CREDIT UNE. HNAt~E CHARGE f 34.09 NEW BALANCE = 1685.30 CARDMEMBER SERVICE CENTER:i-800-379-7999 PAYMENT [,Y PHQNE: 877-2-PAY-CARD FROM OUTSIDE THE U.S. CALL COti£CT: 904-f~4T-49517 HEARING IMPAIRED-TOO CUSTOMERS CALL: 877-942-0961 SEND PAYMENTS TO, PAYitE1~R CENTER,. PO BOX 17313, BAt.TIMORE, MD 21247-1313 MALI INQUIRIES TO: CARDME NTBFR SERVICES, PO BOX 5254, CAROL STREAM, IL 64197-9641 NOTICE: SEE REVi=RSE SIDE FOR IMPORTANT INFORMATION. Pay Olwne, Anytime_www.accoun;centralontirte.com YO UR ACCOUNT IS PAST DUE. IF YOU HAVE ALREADY b1AILED YOUR PAYMENT, PLEASE DISREGARD. IF YOU HAVEN'T SENT YOUR PAYMENT. PLEASE PAY THE AMOt1NT DUE TO AVOID POTENTIAL DAMAGE TO YOUR CREDIT. 5994 (Hirt; xFa 2 T ]8 t}IiZZt I{ Page 7 cif 2 88i1fl t5€}C~ (3835 Ul€iN§9'14 8072?~ i~_ air : t ,. ' ~ . ~. ''~EN SEN ~ ~ ~ ~+, ~ iVT... ~ °~' _"`_ f t w 3 ~ ' ` ,. -~ ALVIfAY~ r ~~ '~ ~ ' ~ UQE Y ~~~i THE C~f=CK~" ~ ~' ~j' , , BE 5 !GN YOUR ~ REMQi1E THE, ,. , i ;~ ~ ~ : RTi AYME ~bUR STATEMEN ~'~ ETUR ~ ~ ~ E ENYE~OPE PR~i YOUR }~ ~~ . PAY14~ ; S DUE B ~.;; : ._ DATE IN©ICATED IN.TH ;TAT _ ,~ ._ iq .: 3 r=~ ; ~~ ;;.1~: ~ . ,;. , <._ ~.~ . } ~~, i ~ ~ adrEres3bt email? Ci~seck btur. See reverse sue. ~~ - lll~~~JJJ SENO PAYMENTS TO: ~~ JOYCE E NOGGLE ~~" '50070268543442' ~ `'~ 3C CREEKSIDE DR 13581 PAYMENT CENTER CARLISLE PA 17015-7846 p0 BOX 17313 ~"'n--.~~--_. <., BALTIMORE, MD 21297-1313 °"'~°`°--•. .. ,,,ltl,,,III,,.,„tl~i~i,i,..11,.1..1„t~tt„Il,.,,,Il,t„ty "~~ „I,I,..Ii,.I,It~I..L~~I~..11..11,..,11„Il,~~.tl~,it~l~„I ~~~~'`°`-`°''~~- -__ 5458D01519393510000047000D1526513 Detach and "insert tlws top pardon in the eneias»d envekpe. Be sure the Payment Center address shava In the errv~ope wbdow. DIRECT ~IIERCHANTS BANK® - A VIEW OF YOUR RECENT CHARGES AND CREDITS Pay Onane, Anytime: www.accaunteentralaniine.COm TRANS POST REFERENCE DATE DATE NUMBER DESCRIPTK)N CREDi73 CHARGES PAYMENTS AND CREDIT'S 11117 11!11 85458009V01fiQAARF PAYMENT- THANK YOU TULSA OK ~ ~~ - PURCHASES, CASH ADVANCES 8° FEES 11109 11109 0b140489SLM7T237P HESS 38357 038 CARLISLE PA 30.01 "FINANCE CHARGE' PURCHASES S30.fi1 CASH ADVANCE 50.00 30.81 YOUR ACCOUNT SUMMARY - NpVEMBER ACCOUNT AND PAYMENT INFORMATON CREDIT LINE INFORMATION ~ ACCG~UNT SUMMARY ACCOUNT NUMBER 5458 00151839 3519 TOTAL CREDIT LttiE S 1G00 PRE VtOl13'@ALANCE S 1509.89 NEW BALANCE 1526.51 TOTAL AVAILABLE CREDIT 6~ FvRlxtASES + 30.41 li1NIMllM PAY6~NT DUE 47.40 CASH ADVANCE CREDR LIMIT` $C~7 C.AS1i ADVANCES + 0-~ AMOUNT PAST 0UE 4,40 CASH ADVANCE AYAtLA6LE CREDI` E,a c=rsED1T5 - 4 ~ PAYMENT MUST SE OVERL8,i1T AMDUNT n OQ PAYMENTS - 44.130 RECEIVED BY DEC T2, 2007 'CASH ADVANCE CRED3T IIMIT IS ~ OTHER + 0.0<? PORTION Of YOUR TOTAL CREDrt UNE FINANCE CHARGE r 30.61 NEW aALANCt: _ lsz6.51 CARDMEMBER SERt'iCE CENTER,-800-979-T~ PAYMENTPY PHONE, RT7-2-PAY-CARD FROM OUTSIDE THE U.S. CALL COLLECT: 904-fi97-4x97 HEARING IMPAIRED-TOD CUSTOMERS CALL: 877-902-0987 SEND PAYMENTS TO: PAYMEtiT CENTER, p0 BOX 11313, BALTIMORE, MD 21287-1313 MAIL INQUIRIES TO:CARDidEMBER SERVlGES, PO$OX 5250, CAROL STREAM, (L 60197-9641 NOTICE: SEE R>=VFhSE SIDE FOR IMPORTANT INFORMATION. Pay ON~~: Arr~Lrlle:www.accauntcentratotlline.com A SUMMARY OF YOUR. FINANCE CHARGES {EXCLUDING PROMOTIONAL OFFERS NOMINAL NUMBER AVEP,AGF DAILY ANNUAL ANNUAL OF DAYS STATEMENT DAILY PERIODIC PERCENTAGE FINANCE PERCENTAGE IN BILLING CLOSING BALANCE RATE RATE CHARGE RATE CYCLE DATE PURCHASES 1519.14 .06198 Y. 22.99 °h 3(1.61 22.99 4G CASH ADVANCES 0.00 A1941 °/. 28.99 44 0.{Nt 28.99 94 32 11127/07 TO LEARN ABOUT SERVICES VVE OFFER TO PROTECT YOUR ACCOUNT AT TIMES OF NEED, CALL 877-703-0978. S99-t+ f3dTlt) )€VtiL 1 ]8 012127 Pane 1 cif 1 138C7t3 IhOU Ilaltl OIBN5~94 '1:;5ES1 COiiNT PgCYTEGTION PLUS"'P4RO~JkpEt YW WITH aj rXNALXtEF WHEN YOU N~,IT+~MC1ST. _ ,r,' • No mrnlhty e~ddR°cerd payment 7t nUC y ~ • No interest ,~ " ~ ,. g, _ ,~~, No Tate ' Haan tea• n to ylour f~'4 I(ypU P ~ entire r ~i81an4E ES ~1gsi date of yoU' cletltlt;~ be wa'~ ~ ' S ` 'y ~' ~,' s :~~ - ~. ~}~ CC ~ ~ ~~, ~'pt: "~,~~;?"~f Our File No.: 201219 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 Plaintiff, vs. JOYCE E NOGGLE Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-2222 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 Date: 8/4/2009 Kimb~'rly~. Scian, Esquire Attorney or Plaintiff Our File No.: 201219 Our File No.: 201219 APOTHAKER & ASSOCIATES, P.C. I Y: 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 HSBC ';'LF-I F tit PROTHONOTAI 20e i NG -3 AID II: 44 ?OUMBERLANO COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. NO. 09-2222 JOYCE E NOGGLE Defendant PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for aintiff A Law Firm Engage i Debt Collection By: David J. AP*6er, Esquire Dated: 7/26/2011 1111111111111111111111111111111