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Home My WebLink About09-6274 s s 2065595 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: REDERIC 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. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : OR - to01gq ?i?i1 ?'E?r`hf PAUL J LAMPMAN 307 N MARKET ST MECHANICSBURG PA 17055-3344 ,,. 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 D0 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 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 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 August 17, 2009 in the amount of $3,775.36. 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 12/13/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,775.36 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. VIEINBFAG, ESQUIRE JOEL M. FLI , E UIRE Attorney for aintiff 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. EXIBITH "A" oZMss9?r ATLANTIC CREDIT & FINANCE, INC. V. PAUL J LAMPMAN 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. 5491070013228323. Said Account was charged off on 7/31/2008 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $3775.36. 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. According to Plaintiff's records, the last payment date was 12/13/2007 in the amount of $ 70.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $3,775.36. 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: ebecca Blanchar Authorized Representative Subscribed and sworn before me, July 21, 2009 Notary Public: eron ray THIS COMMUNICATION IS FROM A DEBT COLLECTOR Gordon & Weinberg, P.C.: CGAFF- 3648462 - 0001714 CREW & FINANCE 14CORPORA ED PO Box 13386 . Roanoke, VA 24033 PAUL J LAMPMAN 307 N MARKET ST MECHANICSBURG, PA 17055-3344 SSN: XXX-XX-7875 Account Statement Original Creditor Account Number: 5491070013228323 Original Creditor: HSBC Original Creditor Last Pay Date: 12/13/2007 Original Creditor Last Payment Amount: $ 70.00 Original Creditor Charge Off Date: 7/31/2008 ACF ID Number: 3648462 Purchased ACF Payment Current Balance Balance Activity u $3,775.36 $ .00 $3,775.36 ACF Payment Date: CONFIDENTIAL PROPERTY OF ATLANTIC CREDIT & FINANCE, INC. Q FILE! -,' rl:'E OF THE F NOTARY 2009 SEP 18 FM 1: 2"CUP µ ul?° 419. So PD ATTq C,CV 89919 er* &30gto7 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor OFFICE OF THE SHERIFF FLEE ' i?E OF Tl'E ; TIfRY 2909 "E P 24 A?`i 3: 3 J C! 0'i LV,; Atlantic Credit & Finance Inc. vs. Case Number Paul J. Lampman 2009-6274 SHERIFF'S RETURN OF SERVICE 09/22/2009 07:15 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 22, 2009 at 1915 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Paul J. Lampman, by making known unto himself personally, at 307 N. Market Street Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 September 23, 2009 SO ANSWERS, ?. esewal1w R THOMAS KLINE, SHERIFF uty S eriff f J 2065595 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC VS. PAUL J LAMPMAN COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-6274 PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $3,775.36 Less: Payments on Account ( $.00) Total: $3,775.36 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: Atlantic Credit & Finance Inc.Assignee from HSBC and that the last known address of defendant, PAUL J LAMPMAN, 307 N MARKET ST, MECHANICSBURG PA 17055-3344. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. v I T AND NOW, this L04 day of 00y 2009 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $3,775.36 as per the above certification. thonotary Dic.g GORDON & WEINB G, P.C. BY: FREDERIC W I ERG, ESQUIRE JOEL M. LIN, ESQUIRE Attorne for Plaintiff i- 2065595 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 Vs. PAUL J LAMPMAN TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-6274 NOTICE OF INTENTION TO TAKE DEFAULT PAUL J LAWMAN 307 N MARKET ST MECHANICSBURG PA 17055-3344 DATE OF NOTICE/FECHA DEL AVISO: October 13, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERI( EINBERG, ESQUIRE JOEL M., LINK, ESQUIRE P10D-2 FILED-OFFICE Or THE P'r ,)' lnNb'.)TAPY 2009 NOY -4 FM 12: 59 CU"fir- ;?`,i?1r 14. oc) PD +rr/ w**9w qi8 IJahe4. WaW 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 2065595 Atlantic Credit & Finance Inc Assignee from HSBC VS. PAUL J LAMPMAN 307 N MARKET ST MECHANICSBURG PA 17055-3344 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-6274 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. /X/ Judgment by Default $3,775.36 Money Judgment $ LL Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 Lq-(-i k). " THONOTARY OkA