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Home My WebLink About09-3839 2060184 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC 2727 Franklin Road Roanoke, VA 24014 Vs. JODY A BINDER 3 LANCE CT NEWVILLE PA 17241-9207 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : Oq - SA51 0"'; ( -fir" 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 JUDGEMENT 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 t COMPLAINT IN CIVIL-ACTION 1. Plaintiff is a debt buyer and successor in interest to the original creditor as set forth in the caption of this Complaint. 2. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the original creditor under the terms of which the original creditor agreed to extend to defendant(s)the use of original creditor's credit facilities. 3. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the original creditor for the use of said credit card. 4. The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the original creditor. A true and correct copy of the Statement of Account, if available, is attached hereto as Exhibit "A". 5. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due as of May 15, 2009 in the amount of $4,300.68. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on 12/6/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $4,300.68 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: LL=:? FREDERIC I. WE NBE , ESQUIRE JOEL M. FLINK, ES IRE Attorney for P intiff P01A.DB VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. Name EXHIBIT °A" g6oj8(( ATLANTIC CREDIT & FINANCE, INC. V. JODY A BINDER 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. 5437000313722847. Said Account was charged off on 7/31/2008 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $4300.68. 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 12/6/2007 in the amount of $ 130.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $4,300.68. 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 sOS "•99Y7Pis t 9 d R t ti A th i epresen a ve u or ze Subscribed and sworn before me, April 20, 2009. E G. > 72,2C7, Notary ni lic: Kristen Collins THIS COMMUNICATION IS FROM A DEBT COLLECTOR Gordon & Weinberg, P.C.: CGAFF- 3649072 - 0001714 *Admtic CREDIT & FIB WCORPORATED Account Statement PO Box 13386 . Roanoke, VA 24033 Original Creditor Account Number: 5437000313722847 JODY A BINDER 3 LANCE Original Creditor: HSBC NEWVILLE, PA 17241-9207 Original Creditor Last Pay Date: 12/6/2007 Original Creditor Last Payment Amount: $ 130.00 Original Creditor Charge Off Date: 7/31/2008 ACF ID Number: 3649072 SSN: XXX-XX-7531 Purchased ACF Payment Current Balance Balance Activity $4,300.68 $ .00 $4,300.68 ACF Payment Date: CONFIDENTIAL PROPERTY OF ATLANTIC CREDIT & FINANCE, INC. 0 ()IC T1 MMTAPY 2099 JUN 10 PM 12: S9 PENT-%'SYUv4ilqf,4. 4018.50 Pb A T'rY Gc. 8Isso t aa4scas Sheriff s Office of Cumberland County R Thomas Kline Sher ~a~,~xtr mt ~~um~F~,~A ~~`~ ;~,,. ~; oFf3Cf t~F THE $}t~RIFF Edward L Schorpp Solicitor Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/13/2009 09:37 AM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on June 13, 2009 at 0937 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jody A. Binder by making known unto herself personally, defendant at 3 Lance Court Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.80 June 15, 2009 SO ANSWERS, ~•~F~R•~c~~~ R THOMAS KLINE, SHERIFF /9 Depu Sheri 2009-3839 Atlantic Credit & Finance v Jody Binder e~ N C ° ~~ ~a ~a . ,; > M_ ~ ~ T r ,~ ~ .: ~.. -~ rr- .. ~, _ _} ~_ _ _ S ~