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HomeMy WebLinkAbout09-7140i- 2068376 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. s ONE s ss? SEE 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 Capital One 2727 Franklin Road Roanoke, VA 24014 Vs. MAIJA E CRECELIUSKRAB 2193 BRADFORD DR MECHANICSBURG PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. -71 ZIA Gt.I CONPLAINT IN ASSUNPSIT 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 -ONA RZCOR*D TRUE., . here unto set Pa 8? In Testimon r . and the se/- 4, . _ _ at C , .'? as 6{/??9 This ..... ,......;Y n n 1, 1. Plaintiff is a debt buyer and successor in interest to the original creditor as set forth in the caption of this Complaint. 2. The defendant, for valuable consideration received, executed and delivered to plaintiff a promissory note under the terms of which the defendant promised to pay to the plaintiff consecutive monthly payments under the terms and conditions set forth in the promissory note. A true and correct copy of the aforesaid promissory note, if available, is attached hereto, made a part of this complaint and marked Exhibit "A". 3. Contrary to the terms of the aforesaid promissory note, the defendant failed to make the required payments when due as a result of which the unpaid balance of $5,347.36 became due and payable. 4. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due as of September 18, 2009 in the amount of $5,347.36. 5. 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. 6. Defendant's last payment on account was made on 10/1/2008. WHEREFORE, plaintiff claims of the defendant(s) the sum of $5,347.36 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. INBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P01C.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. 1vcUllt:! ATLANTIC CREDIT & FINANCE, INC. V. MAIJA E CRECELIVSKRAB AFFIDAVIT OF DEBT AND VERIFIED BILL OF PARTICULARS The undersigned being first duly sworn according to law, deposes and says that they are 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 CAPITAL ONE INSTALLMENT Account No. 568112853234. Said Account was charged off on 11/28/2008 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $5,347.36. 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. 5. According to Plaintiffs records, the last payment date was 10/1/2008 in the amount of $ 201.41. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $5,347.36. 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 of my knowledge and belief. By: _ Authorized Representative kANe;0 Subscribed and sworn before me, August 2009. P? ???eo ; Q otary Public: Reb a Blanchard •., 6?3?i .• O? 'stills THIS COMMUNICATION IS FROM A DEBT COLLECTOR Gordon & Weinberg, P.C.: CGAFF- 3731684 - 0001732 r. CREW & RNANCE 114CORPORATEED PO Box 13386 . Roanoke, VA 24033 MAIJA E CRECELIUSKRAB 2193 BRADFORD DR MECHANICSBURG, PA 17055 SSN: XXX-XX-4120 Account Statement Original Creditor Account Number: 568112853234 Original Creditor: CAPITAL ONE INSTALLMENT Original Creditor Last Pay Date: 10/112008 Original Creditor Last Payment Amount: $ 201.41 Original Creditor Charge Off Date: 11/28/2008 ACF ID Number: 3731684 Purchased ACF Payment Current Balance Balance Activity $5,347.36 $ .00 $5,347.36 ACF Payment Date: CONFIDENTIAL PROPERTY OF ATLANTIC CREDIT & FINANCE, INC. 615- 2989 OTA LT 19 fa ?' C Ui'v' 17 d ?cL Oil ak / 9a6 S7 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant O£'f ;F' ?,? ;; ,.4RI F ,OF 819 OCT 26 M 9 15 gRikSAVAMA Edward L Schorpp Solicitor Atlantic Credit & Finance Inc. Case Number vs. Maija E. Creceliuskrab 2009-7140 SHERIFF'S RETURN OF SERVICE 10/21/2009 10:59 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2009 at 1055 hours, he served a true copy of the within Complaint in Assumpsit, upon the within named defendant, to wit: Maija E. Creceliuskrab, by making known unto Walt Neveker, adult in charge, at 328 East Meadow Drive, 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 SO ANSWERS, r October 22, 2009 R THOMAS KLINE, SHERIFF Dep y Sheriff 2068376 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 `~~LF~-Dr 1=1CE OF Tl~f~ F~~TI;Ot~OTARY ~''J"°`~ ~-_fi~€r~ GOUTY ~'w~P~SYLVA~IA Atlantic Credit & Finance Inc. Assignee from Capital One 2727 Franklin Road Roanoke, VA 24014 vs. MAIJA E CRECELIUSKRAB 2193 BRADFORD DR MECHANICSBURG PA 17055 and FULTON BANK 6520 CARLISLE PIKE MECHANICSBURG PA 17050 GARNISHEE PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; (1) against IrAIJA E CRECELIUSlCRAB defendant (s)and (2) against F~JLTON BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 09-7140 O ~a4. ~o P n p-rry ~7.0o CBF 78.So ~~ I'}. oo ~~ a• ~ ,. (510.50 - PD A'r~r garnishee(s) (3) AMOUNT DUE INTEREST from December 10, 2009 COSTS Prothonotary fee Sheriff fee (4) Less: Payments on Account $5,347.36 $264.69 ( $.00) ~a•oo Que ~o •50 ~L e~ 13344a ~,~' a5o 133 TOTAL FREDERIC I. WEINBERG, JOEL M. FLINK, ESQUIRE Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7140 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ATLANTIC CREDIT & FINANCE INC., Assignee from CAPITAL ONE, Plaintiff (s) From MAIJA E. CRECELIUSKRAB, 2193 Bradford Dr, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: FULTON BANK, 6520 Carlisle Pike, Mechanicsburg, PA 17050 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5,347.36 Interest from 12/10/09 -- $264.69 Atty's Comm Atty Paid $156.50 Plaintiff Paid Date: 10/22/10 L.L. $.50 Due Prothy $2.00 Other Costs D. B ell, rothonotary (Seal) By: Deputy REQUESTING PARTY: Name FREDERIC E. WEINBERG, ESQUIRE Address: GORDON &WEINBERG, PC 1001 E. HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard VV Stewart Solicitor Atlantic Credit & Finance Inc. Case Number vs. 2009-7140 Maija F. Creceliuskrab SHERIFF'S RETURN OF SERVICE 11/02/2010 03:55 PM Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2010 at 1555 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Maija E. Creceliuskrab, in the hands, possession, or control of the within named garnishee,' Fulton Bank, 6520 Carlisle Pike, Ste 600, Mecha icsburg, Carlisle, Cumberland County, Pennsylvania, 17050, by handing to Jody L. Lewis, Branch Manag r, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 3, 010 to Maija E. Creceliuskrab at 2193 Bradford Drive, Mechanicsburg, PA 17055. SO AN; November 03, 2010 ROW Noah JVERS, R ANDERSON, SHERIFF line, ty c Gvza .e S^e osD t i.':C. 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 ConshohockenPA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from Capital One 2727 Franklin Road Roanoke, VA 24014 VS. MAIJA E CRECELIUSKRAB 2193 BRADFORD DR MECHANICSBURG PA 17055 and FULTON BANK 6520 CARLISLE PIKE MECHANICSBURG PA 17050 GARNISHEE 7 -'n T rtk 11 a f_3?9?'? J4 _.1 e _ Y l? y ?J ku 9 n G i COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 09-7140 *"Jvj? J/S J-6 - - - INTERROGATORIES IN ATTACHMENT TO: FULTON BANK - GARNISHEE You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? 40 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. Ito 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest. 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? /W 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore? 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his(her, their) direction or otherwise discharge any claim of the defendant(s) against you? %. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s) have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount of funds in each account, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 8. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant(s) have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, identify each account. 9. How much is the value of any property in your possession belonging to the defendant(s)? FREDERIC I. WEI *ERG, QUIRE JOEL M. FLINK, ES RE Attorney for Plaintiff DATED:` VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that h e is R.1 S. _C,__ (Name) l ay z- of , garnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief, (SIGNATURE) 88? s s 88? C o -n 2068376 -03 ;.; -4 rn co XM o rn GORDON & WEINBERG, P.C. Sao .C r BY: FREDERIC I. WEINBERG, ESQUIRE C> ,,n Identification No.: 41360 r-;c JOEL M. FLINK, ESQUIRE D ? "v =-n ? Identification No.: 41200 a o ) ZC- C') 1001 E. Hector Street, Ste 220 x C:) Conshohocken, PA 19428 n c-n D 484/351-0500 Atlantic Credit & Finance Inc. COURT OF COMMON PLEAS Assignee from Capital One CUMBERLAND COUNTY VS. MAIJA E CRECELIUSKRAB and Fulton Bank Garnishee DOCKET NO. : 09-7140 PRRZCIP8 TO DISSOLVR ATTACSNaNT TO THE PROTHONOTARY: Kindly dissolve the attachment of the defendant's bank account with Fulton Bank, as Garnishee in the above entitled matter. GORDON & WEINBERG, P.C. BY: FREDERIC I. E ERG, ESQUIRE JOEL M. FLIN , ESQUIRE Attorney for Plaintiff PO11 *01 Ronny R`Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFriCE OF FtE S-ERIFF VF THELP OTHONTARY 2011 MAY 2I AM 9: 37 CUMBERLAND COUNTY PENNSYLVANIA Atlantic Credit & Finance Inc. , vs. Maija E. Creceliuskrab Case Number 2009-7140 SHERIFF'S RETURN OF SERVICE 11/02/2010 03:55 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2010 at 1555 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Maija E. Creceliuskrab, in the hands, possession, or control of the within named garnishee, Fulton Bank, 6520 Carlisle Pike, Ste 600, Mechanicsburg, Carlisle, Cumberland County, Pennsylvania, 17050, by handing to Jody L. Lewis, Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 3, 2010 to Maija E. Creceliuskrab at 2193 Bradford Drive, Mechanicsburg, PA 17055. 05/26/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $91.17 May 26, 2011 SO ANSWERS, 4RON ANDERSON, SHERIFF B 4aonZiR--?XTLantz X l a ZO .? ?.?y ?s SHERIFF'S OFFICE OF CUMBERLAND COUNTY (c) Count,Suite Sherff. Teleosoft. Inc.