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Home My WebLink About10-4788 s 2089418 ? c. THIS IS AN ARBITRATION MATTER. ASSES21ENT;OFD DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE 7 C:) Identification No.. 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 'C 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Atlantic Credit & Finance Inc. Assignee from HSBC RETAIL 2727 Franklin Road Roanoke, VA 24014 VS. LACY PATTERSON 236E ORANGE ST APT 2 SHIPPENSBURG PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : m, `/7'6 el -1// / 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 PA! 44;.&4 ? GUli??xj- pa v5wz? &V avs?Uq 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 or Affidavit 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 June 25, 2010 in the amount of $710.45. 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 1/26/09. WHEREFORE, plaintiff claims of the defendant(s) the sum of $710.45 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI V , ESQUIRE JOEL M. FLIN, ERE Attorney for laff 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. 1V CHIC ATLANTIC CREDIT & FINANCE, INC. V. LACY PATTERSON 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 HSBC RETAIL Account No. 7021272150340813. Said Account was charged off on 9/30/2009 and subsequently sold to Atlantic Credit & Finance, Inc with a balance of $ 710.45. 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 to the Original Creditor was on 1/26/2009 in the amount of $ 63.00. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $ 710.45. 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: 4??Er ay C%Otr Au orized Representative Subscribed and sworn before me, June 5 201 X 1 1 4 1 1 1 1 i1"I.,•?A?\N N BLqN,'%, Aa',P . NpTARY y99 otary Public: e e a B card puBLtC o ? : p1 _ w , #72790 ct : R G p1ttSStON : <c ? '• ? OOMt?ES : z THIS COMMUNICATION IS FROM A DEBT COLLECTOR ; ?o'•• 6? ???p?,•' Gordon & Weinberg, P.C.: CGAFF- 3795157 - 0001752 Atlantic Credit a Finance Inc. Statement Date ?yAtlantic Account Statement 06/15/2010 CREDIT & FINANCE INCORPORATED ACF Account ID: 3795157 Original Creditor Account Number: 7021272150340813 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: $710.45 $0.00 HSBC RETAIL 1/26/2009 $63.00 09/30/2009 $710.45 Name: PATTERSON, LACY SSN - Last 4 Digits: 1212 Streetl: 236 E ORANGE ST APT 2 Street2: City, State, Zip: SHIPPENSBURG PA 17257 Date Amount ACF - 9122 Page 1 of 1 Confidential Property of Atlantic Credit a Finance Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FlLE ?FFICE OF Tp „O Sheriff ,TIs;F?Y Jody S Smith Chief Deputy Richard W Stewart Solicitor ??y??ip o ?uartbrt`?rlrb ?r cP -7 PI"; 1: 20 CUMBEH" ., COUNTY PEN??SYLVANLA Atlantic Credit & Finance, Inc. vs. Lacy Patterson Case Number 2010-4788 SHERIFF'S RETURN OF SERVICE 09/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 3, 2010 at 1102 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lacy Patterson. Phillip Schiavonl, a neighbor, advised Deputies, Lacy Patterson moved from 236 E. Orange Street, Apartment 2, Shippensburg, PA 17257 May 2010. SHERIFF COST: $51.00 September 03, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF , . Goont s'lae snenff, I, "soft. h"c ��Da-d��.�� 0+h"nUtqg of the Prothonotary Office _ - - - -/ /�uy�6 County, ' ~—� --- ~-_'/' ---_�''_'-- Kirks. ~----o`--Q Solicitor S, CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 23THDAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH BY THE COURT, DAVID D. BUELL PROTHONOTARY One Square 0 Suite100 e TA (Phone 717240 6195 0 Ea:(717240-6I73