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HomeMy WebLinkAbout07-00512024126 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 Household Bank 3353 Orange Avenue Roanoke, VA 24012 VS. GRACE C HIGH 929 NIXON DR MECHANICSBURG PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : b'7 - s1 1..)j,L?frJL!'?'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, 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 s 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 $5,323.66. 6. Plaintiff has made demand upon the defendant for payment of the balance due of $5,323.66 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 $5,323.66 plus interest from the date of July 7, 2003, together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EINBER , ESQUIRE PAUL M. SCHO ELD R., ESQUIRE Attorney for P aintiff P01E.DB VERIFICATION 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. INBE G, ESQUIRE ATLANTIC CREDIT & FINANCE, INC. W,2 glo2 b V. GRACE C HIGH 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 Household Bank Account No. 5408010001447149. Said Account was charged off on November 29, 2003 in the amount of $5,323.66. 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 was July 7, 2003. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of $5,323.66. 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: G?LGLG?'lh ???? Heather Clary Assistant Director of Forwarding r , Subscribed and sworn before me on the day of July, 2006. Not lic: Jason Bailey My Commission Expires: 12/31/08 THIS COMMUNICATION IS FROM A DEBT COLLECTOR GORDON & WEINBERG P.C.: JAFF- 661210 Atlantic Atlantic Credit & Finance Inc. Report Date Account Statement 7/25/2006 1:57PM C; 2( C?(l pk :.iNG,?J{:;E: lfyCeCTZI'OIZ4`ED Our Account ID: 661210 Status: LEG Account Number: 5408010001447149 Received: 12/31/2003 Original Balance: $5,323.66 Amount Paid: $0.00 Debtor Info Name: HIGH, GRACE C SSN - Last 4 Digits: 1885 Other Name: HomePhone: 7172438222 Streetl: 929 NIXON DR WorkPhone: Street2: City, State, Zip: MECHANICSBURG,PA 17055-4047 Payment Info Date Type Matched Check No Invoice Amount Comment Payment Type 'PU', 'PA', 'PC' - Payment Payment Type 'PUR', 'PAR', 'PCR' - Returned Payment NSF Page 1 or 1 Confidential Property of Atlantic Credit & Finance Inc. 2 O, p P a 771, `-: A rn W SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00051 P COMMONTWEALTH OF PENNSYLVANIA VOUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS HIGH GRACE C R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HIGH GRACE C but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT , HIGH GRACE C 929 NIXON DRIVE NOT FOUND , as to MECHANICSBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So answers- - .. Docketing 18.00 Service 8.80 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 41.80 l GORDON & WEINBERG p?i5o 01/08/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00051 P COIJMONTWEALTH OF PENNSYLVANIA -COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS HIGH GRACE C R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HIGH GRACE C but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT HIGH GRACE C 93 W VINE STREET SHIREMANSTOWN, PA 17011 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANT AT GIVEN ADDRESS. Sheriff's Costs: So answers Docketing 6.00 Service 22.88 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 43.88 ?j GORDON & WEINBERG (a.l? 02/12/2007 Sworn and Subscribed to before me this day of , A. D.