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Home My WebLink About07-0053 2027980 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. as Successor in Interest to Household 3353 Orange Avenue Roanoke, VA 24012 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : D'Y - 5'3 (!lu~LT~ WILLIAM L DAVIS 671 SHIPPENSBURG RD NEWVILLE PA 17241 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 credi t 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 $10,412.59. 6. Plaintiff has made demand upon the defendant for payment of the balance due of $10,412.59 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 $10,412.59 plus interest from the date of September 17, 2003, together with costs and attorney fees. GORDON & WEINBERG, P.C. FREDERIC I. RG, ESQUIRE PAUL M. SCRO I ,JR., ESQUIRE Attorney for Plaintiff BY: 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 ERG, ESQUIRE A TLANTIC CREDIT & FINANCE, INC. 2.D,-(q~f) v. WILLIAM L DA VIS AFFIDA VIT 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. 5499440911275092. Said Account was charged off on April 30, 2004 in the amount of $10,412.59. 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 September 17, 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 $10,412.59. 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: evDftA ~ Heather Clary Assistant Director of Forwarding Subscribed and sworn before me on the ---2.L- day of July, 2006. lie: Jason Bailey ission Expires: 12/31/08 \' \,,, 1_~ ~ ~ H '''I'~. (g;~:"",,:) THIS COMMUNICATION IS FROM A DEBT COLLECTOR GORDON & WEINBERG P.C.: JAFF- 760510 ~Atlantic Atlantic Credit << Finance Inc. Account Statement CREDIT & FINANCF INCORPORATED Our Account ID: 760510 Account Number: 5499440911275092 Status: Report Date 7/19/2006 10:20AM LEG Received: 5/24/2004 Original Balance: $10,412.59 Amount Paid: $0.00 Name: DAVIS, WILLIAM L SSN - Last 4 Digits: 6982 Other Name: HomePhone: 7177764832 Street1: 671 SHIPPENSBURG RD WorkPhone: 7177766481 Street2: City, State, Zip: NEWVILLE,PA 17241 Date Type Matched Check No Invoice Amount Conunent Payment Type 'PU', 'PA', 'PC' - Payment Payment Type 'PUR', 'PAR'. 'PCR' - Returned Payment NSF Confidential Property of Atlantic Credit & Finance Inc. Page 1 at 1 J::) Q "9- ~ \ 't- Ul .CIl 0 ......., c j:::;:) 0 c::::> ~ ~ ........ '"Tl """'- CJ "000 <- ~ ~ ~ ~r~ > B Z-ri :z: rn ::0 ~ r- OO -"!~;.. , :sa ~ p:l ,;./ ;r.'~.,.~ w ).J ~"':::~ '---c ~C.! ~-? ..,.,. -0 )V z(> ::J: 0"';; r j;.Ci 20 J- c w Om ~ -<I .r- ~ U1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-00053 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS DAVIS WILLIAM L GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIS WILLIAM L the DEFENDANT , at 1403:00 HOURS, on the 8th day of January ,2007 at DEER RUN CAMPGROUND GARDNERS, PA 17324 by handing to WILLIAM L DAVIS 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: Docketing Service Affidavit Surcharge So Answers: Sworn and Subscibed to 18.00 19.36 .00 10.00 .00_/ 47.36 J 1k~.01 l"I1"O~ .r~~-t:~ R. Thomas Kline 01/10/2007 GORDON & WEINBERG day By: lA~~ ~puty S iff before me this of A.D. 'I 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. as Successor in Interest to Household COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 2007-00053 WILLIAM L DAVIS PRAECIPE FOR JUDGMENT The Prothonotary will please enter Judgment in the above matter by default for want of an answer against the Defendant, WILLIAM L DAVIS, and assesses the damages as per statement below. FREDERIC I. WEINB PAUL M. SCHOFIELD Attorney for Plai QUIRE ESQUIRE Principal Interest from 9/17/03 @O% Costs (Complaint & Service) $10,412.59 $.00 $102.86 Total: $10,515.45 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 prior to the date of the filing of this Praecipe. ESQUIRE ESQUIRE Filed: By the Prothonotary: AND NOW, this __;2PI-"- day of ~, 2007 Judgment is entered in favor of the plaintiff(s) and against defendant, for want of an answer and damages assessed at t e sum of , $10,515.45 as per the above certification. I 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. as Successor in Interest to Household COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 2007-00053 WILLIAM L DAVIS CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the holder of the within judgment is; Atlantic Credit & Finance, Inc. as Successor in Interest to Household and that the last known address of defendant, WILLIAM L DAVIS, 671 SHIPPENSBURG RD, NEWVILLE PA 17241. GORDON & WEINBERG, P.C. BY: FREDERIC I. W NBERG, ESQUIRE PAUL M. IELD, 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. as Successor in Interest to Household COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 2007-00053 WILLIAM L DAVIS 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, 671 SHIPPENSBURG RD, NEWVILLE PA 17241; 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 ~~ Notary Public "ue A' ~ OF PENNSYLVANIA COMMON....~... n NOTARIAl, SEAL CHRISTINE M. COLON. NotSry'P\m!lC' . City of Philadelphia, Phlla. Cou1nlY 2009 - -' ,~vn'i r " FREDERIC I RG, ESQUIRE PAUL M. SC LD, JR. ESQUIRE Attorney for Plaintiff / '€ 'J w 2027980 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, Identification No.: PAUL M. SCHOFIELD, JR., Identification No.: 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 ESQUIRE 41360 ESQUIRE 81894 Atlantic Credit & Finance, Inc. as Successor in Interest to Household COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 2007-00053 WILLIAM L DAVIS NOTICE OP INTENTION TO TAKE DEPAULT TO/PARA WILLIAM L DAVIS 671 SHIPPENSBURG RD NEWVILLE PA 17241 DATE OF NOTICE/FECHA DEL AVISO: January 30, 2007 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: ERG, ESQUIRE D, JR., ESQUIRE PIOD-2 t~ ~ :0 j ~ ~ 4 - ~ ~ \.~ w \) -- \>J d~ ~ J::- o <;; "" -o6"-j rn\'~c -7'-"'!".' ~';- t;: ,.; ..r, ~o >c 2- =<! r--) = = --' ~ ~ N co ~ -4 ~. -n \' or=: -om g~, l,.~ -n ()- c_(") 25m .::-t ~ -0 -.... - '? I \ 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. as Successor in Interest to Household vs. WILLIAM L DAVIS NOTICE 2027980 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 2007-00053 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 $10,515.45. IF YOU HAVE P.C. AT 215/988-9600. ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL GORDON & WEINBERG, GORDON & WEINBERG, P.C. BY: Dated: February 21, 2007 FREDERIC PAUL M. Attorney