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HomeMy WebLinkAbout07-0055 2023137 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. : Q'T - SoS e'~u~L~~ JOHN SKUNDRICH 1011 OAK LANE NEW CUMBERLAND PA 17070 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 $5,606.27. 6. Plaintiff has made demand upon the defendant for payment of the balance due of $5,606.27 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 $5,606.27 plus interest from the date of February 3, 2003, together with costs and attorney fees. GORDON & WEINBERG, P.C. BY: POlE.DB FREDERIC I. PAUL M. SCH Attorney fo 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. WE .2D:l 31'S 1 ATLANTIC CREDIT & FINANCE, INC. v. JOHN SKUNDRICH 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. 5408010003521248. Said Account was charged off on September 30,2003 in the amount of$5,606.27. 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 Plaintiffs records, the last payment date was February 3,2003. After application of all payments, credits, adjustments, and lawful offsets, if any, there is still a balance due and owing on this indebtedness of$5,606.27. 6. The internal Account Statement of Plaintiff is attached hereto as Exhibit A and displays the account information that was provided to Plaintiff at the time of purchase and assignment. The foregoing is true and correct to the best of my knowledge and belief. By: @~ ($~ Heather lary Assistant Director of Forwarding Subscribed and sworn before me on July . c: Jason Bailey ommission Expires: 12/31/08 \\\,\\!UI"" ", Ii n" I" ,~... (),'" u,,// " " '''::}'... ?~.:. "'1;:',', ; ,\":':~GN WE>. ')- '=:. , ~ '-'-'~' ~ . , ~ '"cs .--I'.:' ~ ;0 OF ::r.: :: : : : : \ i"" VIRG\V.\~"''$} f -';. Of...'...... <Q'v,~ . ;"'" "l Ay r>\\"," Il~'UI ~'A\" THIS COMMUNICA nON IS FROM A DEBT COLLECTOR Gordon & Weinberg, P.C.: JAFF- 622765 ~Atlantic CREDIT & FINANCE iNCORPORATED Atlantic Credit & Finance Inc. Account Sta temen t Report Date 7/3/200611:18AM Our Account ID: 622765 Account Number: 5408010003521248 Status: LEG Received: 10/31/2003 Original Balance: $5,606.27 Amount Paid: $0.00 Name: SKUNDRICH, JOHN SSN - Last 4 Digits: 1200 Other Name: HomePhone: 7177950479 Street1: PO BOX 676 WorkPhone: Street2: City, State, Zip: NEW CUMBERLAND,PA 17070 Date Type Matched Check No Invoice Amount Comment Payment Type 'PU', 'PA', 'PC' - Payment Payment Type 'PUR', 'PAR', 'PCR' - Returned Payment NSF Confidential Property of Atlantic Credit & Finance Xnc. Page 1 ot 1 n.' i ~~'~~.A!~~<~~'~~~~:'T:~;; f>~ '- : ~ __~-5~:t - '" ,1;, :,rh-;;;JI.'i'Y~ ,:...,~i~;l:~;~:-<i;;:r;q.....~,r~__j.. ___i;:it~Si;t::,;~;,;:.: _ ;:;; . . 1---' HOUSEHOLD BANK GOLD MASTERCARD STATEMENT JOHN SKUNDRICH Page 1 of 1 ACCOUNT SUMMARY PAYMENT SUMMARY BALANCE SUMMARY ACCOUNT 5408-0100-0352-1248 NUMBER OVERLIMIT AMOUNT $5,606.27 PREVIOUS BALANCE $5,606.27 MINIMUM PAYMENh $140.00 PAYMENTS/CREDITS $0.00 TOTAL CREDIT LIMIT $0 CURRENT PAYMENT DUE* $5,606.27 PURCHASES/DEBITS + $0.00 TOTAL CREDIT LIMIT AVAILABLE $0 PAYMENT DUE DATE 11/03/04 PAST DUE AMOUNT *864.00 FINANCE CHARGE + $0.00 STATEMENT DATE 10/10/04 *See reverse side for an ex- planation of these amounts. NEW BALANCE $5,606.27 FINANCE CHARGE CALCULATION This is a grace account. Grace period information on back. Nominal ANNUAL Average Daily Days FINANCE CHARGE Annual PERCENTAGE Daily PeriodiIn Billing At PeriodicCash Advance Percentage RATE Balance Rate Cycle Rate Fees Rate PURCHASES $0.00 .06641% 0 $0.00 $0.00 24.24% 24.24% CASH ADVANCES $0.00 .06641% 0 $0.00 $0.00 24.24% 24.24% PURCHASES $0.00 .06641% 0 $0.00 $0.00 24.24% 24.24" BALANCE TRANSFER $0.00 .06641" 0 $0.00 $0.00 24.24% 24.24% BALANCE TRANSFER $0.00 . 06641% 0 $0.00 $0.00 24.24% 24.24% BALANCE TRANSFER $0.00 .06641% 0 $0.00 $0.00 24.24% 24.24% MAIL PAYMENTS TO: HOUSEHOLD CREDIT SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 QUESTIONS? 24-HOUR CUSTOMER SERVICE 1-800-477-6000 OUTSIDE USA, COLLECT: 1-757-523-3880 TDD HEARING IMPAIRED: 1-800-395-9020 Manage your account online at: www.househo1dbank.com 090550 Z 09 G STMTXX E PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On MAIL INQUIRIES TO: HOUSEHOLD CREDIT SERVICES PO BOX 81622 SALINAS CA 93912-1622 Your Check Account Number 5408-0100-0352-1248 New Balance Payment Due Date $5,606.27 11/03/04 Current Payment Du$5,606.27 Make checks payable to HOUSEHOLD CREDIT SERVICES . Please write your account number on your check. Do not fold, staple or clip. Do not send cash. Please send your payment 7 days prior to the payment due date to ensure timely delivery. Amount Enclosed JOHN SKUNDRICH PO BOX 676 NEW CUMBERLAND PA 17070-0676 HOUSEHOLD CREDIT SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 N '15 N W a. 540801000352124800560627005606271 &1 ~ f;:J ~ ~ \l ^ lJl l'- ~ 1Il (") p.,,;) ""- ~ c: C) ~ (;) C) \:) 0 '"T;~ -.l ~ ~ rnrn <- ~:n ~ 2.";"'" > Z-- z: (;; . r-- ~ U)"',. I ~Z :<"" (.,,) r:Cl < .. J J.::--) " Zl :r: -,. -- {-. :x g~ >c!. C'f'? z ~ c.n ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00055 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ATLANTIC CREDIT & FINANCE INC VS SKUNDRICH JOHN 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 SKUNDRICH JOHN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND { as to the within named DEFENDANT { SKUNDRICH JOHN 1011 OAK LANE NEW CUMBERLAND { PA 17070 PER POST OFFICE, DEFENDANT IS NOT KNOWN AT GIVEN ADDRESS. 18.00 31.68 5.00 10.00 .00 _/ 64.68.11 I.a.q~~ Sworn and Subscribed to before Sheriff's Costs: Docketing Service Not Found Surcharge s~~ R. Thomas lne Sheriff of Cumberland County GORDON & WEINBERG 01/17/2007 me this day of A.D.