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HomeMy WebLinkAbout10-45652088229 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING 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 RE~JIR~b. "~; ~_ °v ~:.-- ~-- .-~ -r ` . ~ -,-,gin _ -r ~~- tV t ? - r,.~ _; • • :~- ~' Atlantic Credit & Finance Inc. COURT OF COMMON PLEAS Assignee from Capital One CUMBERLAND COUNTY Installment 2727 Franklin Road Roanoke, VA 24014 vs . DOCKET NO . ~Q - 45(c& l~'~Vi (~~-I~t JILL BUFFINGTON 5140 ERBS BRIDGE RD MECHANICSBURG PA 17050 CON~LAINT IN A33U~SIT 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 Li0 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. IE' 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 ) 24 9-3166 ~q& ~ Pp p~ ~-r r~ y3so p,'~ a~ soay 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 undesr 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 or Affidavit of Account, 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 $6,816.80 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 6/14/10 in the amount of $6,816.80. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the defendant (s) has failed a.nd refused and still refuses to pay the same or any part thereof. 6. Defendant's last payment on account was made on 10/2/08. WHEREFORE, plaintiff claims of the defendant(s) the sum of $6,816.80 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEIN RG, SQUIRE JOEL M. FLI K, QUIRE Attorney fo aintiff POIC.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 cota.nsel, 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.. LV Q1lLC E7~IBIT "A" ATLANTIC CREDIT & FINANCE, INC. v. JILL BUFFINGTON 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. 568112716710. Said Account was charged off on 3/31 /2009 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $6,816.80. 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 c1ea;I~ 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 to the Original Creditor was on 10/2/2008 in the amount of $ 278.74. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $6,816.80. 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: ve Subscribed and sworn before me, May 0 otary Pu ic: Re e a B anchard : VVQ;.•NGTARY '••. ti~ cmu : PUBLIC '. a - ~ :REG. #7279001 : * - THIS COMMUNICATION IS FROM A DEBT COLLECTOR = * ~. My cornMlssloN Q ~(PIRES Gordon & Weinberg, P.C.: CGAFF- 3746047 - 0001737 . ~'~ ~NWEA LT N ~,~.•~~~ ~~~~~~ Atlantic Credit ~ Finance Inc. Statement Date Account Statement 05/19/2010 CREDfT & FINANCE ItVCORPORATED ACF Account ID: 3746047 Original Creditor Account Number: 568112716710 Purchase Balance: Original Creditor Amount Paid: Original Creditor: Original Creditor Last Pay Date: Original Creditor Last Pay Amount: Original Creditor Charge Off Date: Current Balance: $6,816.80 $0.00 CAPITAL ONE INSTALLMENT 10/2/2008 $278.74 03/31/2009 $6,816.80 Name: BUFFINGTON, JILL 33N - Last 4 Digits: 1054 Streetl: 5140 ERGS BRIDGE RD Street2: City, State, Zip: MECHANICSBURG PA 17050 Date Amount ACF - 9122 Page 1 of 1 Confidential Property of Atlantic Credit S Financ® Inc. SHERIFF'S bFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~-(( €=f Sheriff ~~ -~ ,.,~,; ~t~~ta ~~ ~a~b~rra Jody S Smith ~' ,- `~~ Chief Deputy ~~'.,, ,, L~ ~ d ~ .~ E; ~ ~ ~ f i ~ ~ l Richard W Stewart '~"= ~20t O AUG 1 O f~'l 1Q ~ O'S Solicitor c~cE of ,H~ sHs~)~ C~Si':~A -. _.. _ _- , .-; ~r r ~ ~'.. ~ ..; ;: ' ty ~, , I Atlantic Credit & Finance Inc. ~ Case Number vs. Jill Buffington 2010-4565 SH~RIFF'S RETURN OF SERVICE 08/03/2010 07:25 PM -Ronald Hoover, geputy Sheriff, who being duly sworn according to law, states that on August 3, 2010 at 1925 hours, he se ed a true copy of the within Complaint in Assumpsit, upon the within named defendant, to wit: Jill Buffingt n, by making known unto herself personally, at 5140 Erbs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true a d correct copy of the same. RONALD HOOVER, DEPUTY SHERIFF COST: $46.00 SO ANSWERS, August 05, 2010 RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoft, Inc. .~ Atlantic Credit & Finance Inc. Assignee from Capital One Installment 2727 Franklin Road Roanoke, VA 24014 vs. JILL BUFFINGTON 5140 ERBS BRIDGE RD MECHANICSBURG PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No. 10-4565 Civil Terry • 07 ~_~ ~~: PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: c~ cn ro _, -v , -- N W Kindly enter the appearance of Daley Zucker Menton Miner & Gingrich; LLC ("~ZMMG") and Steven P. Miner, Esquire on behalf of the above-captioned matter. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: August 31, 2010 Y• Stev n P. Miner, Esquire Attorney I.D. No. 38901 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 (717) 724-9821 sminer ,dzmmglaw.com ., CERTIFICATE OF SERVICE I, Steven P. Miner, Esquire, hereby certify that I served a true and correct copy of the foregoing Praecipe for Entry of Appearance, via U. S. First Class Mail, postage prepaid, addressed as follows: Frederic I. Weinberg, Esquire Joel M. Flink, Esquire Gordan & Weinberg, P.C. 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 Attorneys for Plaintiff °~"_ Date: August 31, 2010 By: Steven .Miner, Esquire Attorney I.D. No. 38901 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1035 Mumrna Road, Suite 101 Wormleysburg, PA 17043 (717) 724=9821 sminer ,dz~mm~law.com t Atlantic Credit & Finance Inc. Assignee from Capital One Installment 2727 Franklin Road Roanoke, VA 24014 vs. JILL BUFFINGTON 5140 ERBS BRIDGE RD MECHANICSBURG PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY ~ ~n r~ ~ ~ ~ Docket No. 10-4565 Civil Terre' ° ~ ' ~~ ~ ~'~ ~ = ' . ~C N , ; . ~ w ANSWER TO COMPLAINT IN ASSUMPSIT AND NOW, this 31St day of August, 2010, comes Defendant, Jill Buffington, by and through her counsel, Daley Zucker Meilton Miner & Gingrich, LLC and Steven P. Miner, Esquire, to file the following Answer: 1. After reasonable investigation, the averments of Paragraph 1 can either be admitted or denied and are, therefore, deemed denied. 2. Admitted only that an Affidavit of Account is attached as Exhibit "A". No promissory note is attached to the Complaint. 3. After reasonable investigation, the averments of Paragraph 3 can either be admitted or denied and are, therefore, deemed denied. To the contrary, no promissory note is attached to the Complaint. 4. After reasonable investigation, the averments of Paragraph 4 can either be admitted or denied and are, therefore, deemed denied. 5. After reasonable investigation, the averments of Paragraph 5 can either be admitted or denied and are, therefore, deemed denied. 6. After reasonable investigation,. the averments of Paragraph 6 can either be admitted or denied and are, therefore, deemed denied. AFFIRMATIVE DEFENSES 1. The averments of Paragraphs 1 through 6 are incorporated by reference as if set forth in their entirety. 2. The Statute of Limitations may have run on this claim. 3. The Statute of Frauds may be a defense, since no promissory note was attached. WHEREFORE, Defendant, Jill Buffington, respectfully requests this Honorable Court dismiss the Complaint and that judgment be entered in her favor. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: Au ust 31 2010 B g ~ Y Stev P.1~Iiner, Esquire Atto ey LD. No. 38901 103 Mumma Road, Suite 101 Wormleysburg, PA 17043 (717) 724-9821 sminer(a~dzmmglaw.com Aug 31 10 01:30p The UPS Store #0698 VERYFICATI4N 17177310565 p.4 lJpon my personal knowledge, infonrnation and belief, I, Sill Buffington, do hereby verify that the facts averred and statements made in the foregoing Answer are true and correct. I understand that false statemenrts or averments therein made will subject me to the criminal penalties of I8 Pa. C.S. A. § 4904 relating to unsworn falsification to authorities. Hate: g ..~ i (~ By: c;e.t ` ~ -~,,.-------~ ll uffington, nd CERTIFICATE OF SERVICE I, Steven P. Miner, Esquire, hereby certify that I served a true and correct copy of the foregoing Answer, via U. S. First Class Mail, postage prepaid, addressed as follows: Frederic I. Weinberg, Esquire Joel M. Flink, Esquire Gordan & Weinberg, P.C. 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 Attorneys for Plaintiff Date: August 31, 2010 By: y o. 3890 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 (717)724-9821 sminer~a,dzmmglaw.com i Steve mer, Esquire Atto e LD. N 1 2088229 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 4841351-0500 OF T111_ OT UONOTA FtY i0OCT 12 ? 1II I CUM'FlW COUNT" 'FNINSYLVANI Atlantic Credit & Finance Inc. COURT OF COMMON PLEAS Assignee from Capital One CUMBERLAND COUNTY Installment VS. DOCKET NO. : 10-4565 JILL BUFFINGTON PIJLTNTINT' S REPLY TO N= N&TTER 1. Plaintiff incorporates herein by reference all the allegations contained in its complaint as fully as though each were here set forth at length. 2-3. Denied. These averments are conclusions of law which require no response under the applicable Rules of Civil Procedure. However, these averments are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff demands damages against the defendant(s) as set forth in plaintiff's Complaint. GORDON & WEINBERG, P.C. BY: FREDERXQ?. WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P014 P'REDERIC I. NEINBERG, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and verifies that the statements made in the foregoing pleadings are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WEIkBE , ESQUIRE CERTIFinaxom or sERVICE I, NIMZRIC I. WBINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Reply to New Matter, via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC I. IEI*ERG, ESQUIRE Dated: / r= LED F-GFICE J h" P R !1r GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M, FLINK, ESQUIRE Identification No.: 41200 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 484/351-0500 20N498ON 16 PM 12: 11 "iMBERLAND P EtN "YL ,Ai-?l ATLANTIC CREDIT & FINANCE, INC. VS. JILL BUFFINGTON COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10--4565 CONSENT ORDER FOR JUDGMENT THIS MATTER having been open to the Court by Joel M. Flink, Esquire, attorney for the Plaintiff, and Stephen P. Miner, attorney for Defendant Jill Buffington, and it further appearing that there has been a default on the terms of a Stipulation of Settlement previously filed with the Court in this matter, and for good cause shown and no cause shown to the contrary. IT IS on this 13fi?` day of 2-01 } HEREBY ORDERED that Judgment be given and that same is hereby entered against the Defendants in the sum of . Ou 0 0 with interest to run at 6% from / / Z 10 thereon an annual J basis. WE HEREBY CgND SENT TO THE ORDER AND ENTRY OF T E WITHIN ORDER f, )el >. Fl' , Esquire Stephen P. finer, Esquire Ifomey for Plaintiff Attorney for Defendant t Buffrngto fendant / fl???ty J. J /y DD Po(. y1eiac_ GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M, FLINK, ESQUIRE Identification No.: 41200 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 484/351-0500 2088229 7 ov (" l ra ATLANTIC CREDIT & FINANCE, COURT OF COMMON PLEAS INC. CUMBERLAND COUNTY VS. DOCKET NO. : 10-4565 JILL BUFFINGTON STIPULATION OF SETTLEMENT It is HEREBY STIPULATED AND AGREED that the above-entitled action is settled by agreement of the parties under the following terms and conditions: 1. Defendant and Plaintiff desire to settle the above captioned matter and stipulate that Defendant will pay to the order of Gordon and Weinberg, P.C., attorneys for the Plaintiff, at their offices at 1001 E. Hector Street, Suite 220, Conshohocken, Pennsylvania 19428, the sum of Three Thousand Six Hundred and 00/100 ($3,600.00) Dollars in installments as follows: 0. . SYx (6) equal and eonsecu" Mmex& of Sbc Hundred and ne1100 (5600.00) Dollars to be recelved on or before Nre 13"` of eack mouth beghm Ing November 15, 2010. 2. 3. Defendant appears generally herein and submits to the jurisdiction of the Court. In the event of a default of any of the above listed conditions and payments, Plaintiff may, upon 10 days notice to Defendant and Attorney enter judgment for the relief demanded in the Complaint filed In this matter plus judicial interest of 6% running from the date of filing. I . I I I I 4. Upon full and final compliance with this stipulation, this action shall be deemed fully settled, discontinued and/or satisfied. 5. In accordance with the teams of this agreement there appears to be a related consent order for judgment held in escrow which will automatically extinguish upon compliance with the above mentioned terms. Joel M" ; Ea uire Atto for Plaintiff Date: Gordon and Weinberg, P.C. - L C_•'`- Stephen P. nVliner, Esgt*e Attorney for Defendant Date: it /.- /10 C Z-W Sja"-J? 1 Buffingto Defendant Date: 11 1:2-1 0 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 2088229 MIDLAND FUNDING LLC Assignee from Capital One Installment Vs. JILL BUFFINGTON TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-4565 NOTICE OF INTENTION TO TAKE DEFAULT JILL BUFFINGTON 5140 ERBS BRIDGE RD MECHANICSBURG PA 17050 DATE OF NOTICE/FECHA DEL AVISO: May 4, 2011 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 FREDERIC I. EINBERG, ESQUIRE JOEL M. FL K, ESQUIRE P10D-2 2088229 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 MIDLAND FUNDING LLC Assignee from Capital One Installment Vs. JILL BUFFINGTON TO/PARA COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-4565 NOTICE OF INTENTION TO TAKE DEFAULT Steven P. Miner, Esquire 1035 Mumma Road Ste. 101 Wormleysburg, PA 17043 DATE OF NOTICE/FECHA DEL AVISO: May 4, 2011 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. ,l i BY: FREDERIC Ii WEINBERG, ESQUIRE JOEL M. FI NK, ESQUIRE P10D-2 f?