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HomeMy WebLinkAbout06-37132026778 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Atlantic Credit & Finance Inc Assignee from Discover 3353 Orange Avenue Roanoke, VA 24012 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DAVID C. ONG 104 SCHOOLFIELD DR CARLISLE PA 17013-4430 DOCKET NO. : (4s - 37)G 01 V tca ,- 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, 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 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 was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiff's credit facilities. 3. Defendant accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 4. The defendant received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of an Affidavit of Debt and Verified Bill of Particulars is attached hereto as Exhibit "A" 5. All the credits to which the defendant is entitled have been applied and there remains a balance due in the amount of $4,156.71. 6. Plaintiff has made demand upon the defendant for payment of the balance due of $4,156.71 but the defendant has failed and refused and still refuses to pay the same or any part thereof. WHEREFORE, plaintiff claims of the defendant the sum of $4,156.71 plus interest from the date of March 31, 2004, together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: FREDERIC PAUL M. Attornev 3/ WEINRG, ESQUIRE HOFIELD, JR., ESQUIRE for Pla' tiff P01E.DB FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action and verifies that the statements made in the foregoing pleading 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.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. INBER ESQUIRE =L ?7S ATLANTIC CREDIT & FINANCE, INC. V. DAVID C ONG 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. Plaintiffs principal business consists of purchasing charged off receivables. 2. The Defendant defaulted on Discover Account No. 6011308050064618. Said Account was charged off on March 31, 2004 in the amount of $4,156.71. 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 on this charged off account was August 13, 2003 and after application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $4,156.71. 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: di? ?'Q/LIr Heather Clary Assistant Director of Forwarding Subscribed and sworn before me on May 23, 2006. No c: Jason Bailey M ommission Expires: 12/31/2008 THIS COMMUNICATION IS FROM A DEBT COLLECTOR Gordon & Weinberg, P.C.: DAFCOF- 749160 Atlantic Credit & Finance Inc. Our Account ID: 749160 at : LEG Report Date 5/22/2006 8:53AM ?AeeountNumber: 6011308050064618 Retwiyllsl: 4/28/2004 IC oxd: Re u : Orlainal Balance $4,156.71 Interest Rate: 0.00 Amount Paid: $0.00 Last Int Date: 4/28/2004 current Balance: $4,826.34 Name ONG, DAVID C SSN - Last 4 Dial ts 7423 DOB OtherName HomsPhone Street? 104 SCHOOLFIELD DR WorkPhone StroW Csz CARLISLE,PA 170134430 pig UM Matched Check No Invoiced Amount Common Payment Type'PU, PA', 'PC - Payment Payment Type'PUR', TAW,'PCR' - Returned Payment NSF Confidential Property of Atlantic Credit & Finance Inc. Page 1 of 1 n r_. G GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Atlantic Credit & Finance Inc Assignee from Discover COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DAVID C. ONG DOCKET NO PRAECIPE FOR JUDGMENT 06-3713CIVIL The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, DAVID C. ONG, and assesses the damages as per statement below. FREDERIC I. WEINB PAUL M. SCHOFIELD Attorney for Pla4 ESQUIRE Principal $4,156.71 Interest from March 31, 2004 @0% $.00 Total: $4,156.71 I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the parties against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days for to the date of the filing of this Praecipe. FREDERIC I. WEIN RG, QUIRE PAUL M. SCHOFIELD, ., ESQUIRE Attorney for Plaintiff Filed: By the Prothonotary: AND NOW, this k:Lk day of Ada 2006 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at the sum of , $4,156.71 as per the above certification. Proth otary ,/ GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Atlantic Credit & Finance Inc Assignee from Discover COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DAVID C. ONG DOCKET NO CERTIFICATION OF ADDRESS 06-3713CIVIL I hereby certify that the precise residence of the holder of the within judgment is; Atlantic Credit & Finance Inc.ASSignee from Discover and that the last known address of defendant, DAVID C. ONG, 104 SCHOOLFIELD DR, CARLISLE PA 17013-4430. GORDON & WEINBERG, P.C. BY: FREDERIC I. EINB G, ESQUIRE PAUL M. SCHO.Z IE, JR.,ESQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Atlantic Credit & Finance Inc Assignee from Discover VS. DAVID C. ONG COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-3713CIVIL AFFIDAVIT OF NON-MILITARY SERVICE FREDERIC I. WEINBERG, ESQUIRE, being duly sworn according to law, deposes and says that he represents the plaintiff in the above- entitled case; that he is authorized to make this affidavit on behalf of the plaintiff; and that the above-named defendant is over twenty- one years of age; that the address of the defendant is, 104 SCHOOLFIELD DR, CARLISLE PA 17013-4430; that the occupation of the defendant is unknown; and that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Sworn to and Subscribed Before me this Day o ?2006. 06/? Notary Public M? i?YLVANIA .? °ubG? LC0CM%01$FWt1Tn Lt. FREDERIC I WEINBO G, ESQUIR E PAUL M. SC I , JR. ESQUIRE Attorney for Plaintiff 2026778 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Atlantic Credit & Finance Inc. Assignee from Discover Vs. DAVID C. ONG COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-3713CIVIL NOTICE OF INTENTION TO TARE DEFAULT TO/PARA DAVID C. ONG 104 SCHOOLFIELD DR CARLISLE PA 17013-4430 DATE OF NOTICE/FECHA DEL AVISO: July 26, 2006 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: FRED IC II RG, ESQUIRE PA CHOFIELD, SQUIRE zxl? P10D-2 N? 1 ? b U -44 P a ;- CO c_ n C)A . ` rlr r i t 2026778 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Atlantic Credit & Finance Inc Assignee from Discover VS. DAVID C. ONG COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-3713CIVIL NOTICE PURSUANT TO RULE 236 OF THE SUPREME COURT OF PENNSYLVANIA, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING IN THE AMOUNT OF $4,156.71. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, P.C. AT 215/988-9600. GORDON & WEINBERG, P.C. BY: FREDERIC . WEINB RG, ESQUIRE PAUL M. S , JR.,ESQUIRE Attorney for Plaintiff Dated: August 8, 2006 SHERIFF'S RETURN - REGULAR CASE NO: 2006-03713 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS ONG DAVID C KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ONG DAVID C the DEFENDANT , at 1315:00 HOURS, on the 30th day of June 2006 at 104 SCHOOLFIELD DRIVE CARLISLE, PA 17013 DAVID ONG by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 Affidavit .00 77 Surcharge 10.00 R. Thomas Kline .00 32.40 ? 07/05/2006 GORDON & WE INBERG Sworn and Subscibed to By: before me this day 'Fr of , A.D. A GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Atlantic Credit & Finance Inc. Assignee from Discover 3353 Orange Avenue Roanoke, VA 24012 VS. DAVID C. ONG 104 SCHOOLFIELD DR CARLISLE PA 17013-4430 and Wachovia Bank 604 E High Street Carlisle PA 17013 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 06-3713CIVIL 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 DAVID C. ONG (2) against Wachovia Bank de f endant (s) and garnishee(s) (3) AMOUNT DUE $4,156.71 INTEREST from August 18, 2006 $132.80 COSTS Prothonotary fee $15.00 Sheriff fee $150.00 TOTAL $4, 54.51 FREDERIC I. W INBE G, ESQUIRE PAUL M. SCHO IE , JR., ESQUIRE Attorney for Plaintiff 76 7c, w -14 `- 4vi h ©oQ - o g ---r . ys. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3713 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM DISCOVER Plaintiff (s) From DAVID C ONG, 104 SCHOOLFIELD DR, CARLISLE PA 17013-4430 (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: WACHOVIA BANK, 604 E HIGH STREET, CARLISLE, PA 17013 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 $4,156.71 Interest FROM AUGUST 16, 2006 - $132.80 Atty's Comm % Atty Paid $123.40 Plaintiff Paid Date: 04-05-07 L.L. $.50 Due Prothy $2.00 Other Costs Cu (s R. Long, P honota (Seal) By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE. Address: GORDON & WEINBERG, P.C. 21 SOUTH 21s" STREET PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-988-9600 Supreme Court ID No. 41360 ATLANTIC CREDIT & FINANCE, INC. vs. DAVID C. ONG COURT OF COMMON PLEAS COUNTY OF CUMBERLAND 06-3713-CIVIL and WACHOVIA BANK, N.A. GARNISHEE ATTORNEY I.D.# ORDER TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, Wachovia Bank, N.A. discontinued, F ERI I. WE 'ftERG Attorney f P iff upon payment of your costs only. V \ W V h C 1 rF' c n"5 j 7 S?qk SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-03713 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS ONG DAVID C And now JASON VIORAL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0013:33 Hours, on the 12th day of April 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , ONG DAVID C in the hands, possession, or control of the within named Garnishee WACHOVIA BANK 604 E. HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to PAUL FENTON (TELLER MANAGER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His . Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 .00 V ti1191v 7 (- 04/13/2 07 Sworn and Subscribed to before me this day of By D pu Sheriff A.D WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3713 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ATLANTIC CREDIT & FINANCE INC. ASSIGNEE FROM DISCOVER Plaintiff (s) From DAVID C ONG, 104 SCHOOLFIELD DR, CARLISLE PA 17013-4430 (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: WACHOVIA BANK, 604 E HIGH STREET, CARLISLE, PA 17013 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 $4,156.71 L.L. $.50 Interest FROM AUGUST 16, 2006 - $132.80 Atty's Comm % Atty Paid $123.40 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 04-05-07 (Seal) a1 C s R. Long, P onota r By: Deputy REQUESTING PARTY: Name FREDERIC I. WEINBERG, ESQUIRE: Address: GORDON & WEINBERG, P.C. 21 SOUTH 21sT STREET PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-988-9600 Supreme Court ID No. 41360 L S? ?g jjuogS `outix s wogl •a `slomsud oS o? 9?s 66'S8 ri v°.Loil 00'6 aaustunq a2-clsod 03W POURJOD a1ieS ouod Isod 00'OZ Anal 00'0£ a2.ilugojnS •oslw 08'tl agrop 1t 80/0£/v0 uo Aiid of popunjag 007 'CnJouogloid OS' [zvzgiZ tAwl 2uiSiIJanpd 69' I aglopunod 10119 00.81 guilaxaoQ 66'98 sISOD sJJuauS 00-OS I :SISOD aauEnpd R ;j = ? i ! :SISOD sjj4ogs suluoui xis ut ua ,u9 13 ou `q?MpQNdgV PauU1110z st IuM stuj solids `mel of guipz03313 u#dhwiKthpllloq Q r3? auS `auii}I siouxouZ '?d