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Home My WebLink About07-4460I~, John P. Rodgers, Esquire Attorney for Plaintiff, CACH, LLC Identification No. 79998 Law Oftices: Wetzel, Caverly, Shea, Phillips & Rodgers 15 Public Square, Suite 218 Wilkes-Barre, PA 18701 Phone: (570)823-0101 Fax: (570)825-7799 CACH, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW vs. ANDI H. MELOY, Defendant NO. ~7- MN(o0 C:ivit ~err~'I 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 judgment 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. MidPenn Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Or Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully ,~. ERS, ESQUIRE t John P. Rodgers, Esquire Attorney for Plaintiff; CACH, LLC Identification No. 79998 Law Oftices: Wetzel, Caverly, Shea, Phillips & Rodgers 15 Public Square, Suite 210 Wilkes-Barre, PA 18701 Phone: (570) 823-0101 Fax: (570) 825-7799 CACH, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION -LAW ANDI H. MELOY, : Defendant NO. 07 y YGb ~~ ~.... COMPLAINT AND NOW, comes the Plaintiff, CACH, LLC, by and through its Attorney, John P. Rodgers, Esquire, and file this, its Complaint, against the Defendant, Andi H. Meloy, and avers as follows: 1. That, the Plaintiff, CACH, LLC, is a Delaware corporation with its principal place of business located at 1099 Broadway, Suite 2150, Denver, Colorado, 80202. 2. That, the Defendant, Andi H. Meloy is an adult and competent individual who resides at 1817 Elm Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. That, on or about March 30, 2004, the Defendant, Andi H. Meloy was indebted to Maryland National Bank, N.A. on credit card account number 4313 0279 9996 8362 in the amount of $1,727.95. A copy of the final statement is attached hereto, made a part hereof and labeled Exhibit "A". 4. That, on or about July 11, 2005, Maryland National Bank, N.A. assigned the above referenced debt, for good and valuable consideration, to CACH, LLC. A copy of Certificate of Purchase is attached hereto, made a part hereof and labeled Exhibit "B". 5. That, pursuant to the cardholder agreement entered into by the Defendant and Maryland National Bank, N.A., the Plaintiff is entitled to pre-litigation interest of $1.32 per day from the date of charge-off which is calculated as follows: 27.98% annual percentage rate x $1,727.95 _ 365 or $1.32 X 600 days which equals an additional $792.00, reimbursement of costs and reasonable attorneys fees, currently in the amount of $345.59. 6. That, despite repeated demands by the Plaintiff, Defendant has failed to pay the sum of $2,865.54 which remains due and owing on the above referenced account. 7. That, the claims raised in this Complaint are subject to an agreement to submit these claims to arbitration. WHEREFORE, the Plaintiff, CACH, LLC, prays this Honorable Court for judgment in favor of the Plaintiff and against the Defendant, Andi H. Meloy, for $2,865.54, together with costs and interest. DGERS, ESQUIRE ~tzel, Caverly, Phillips & Rodgers 15 Public Square, Suite 210 Wilkes-Barre, PA 18701-1785 (570) 823-0101 Attorney for Plaintiff, CACH, LLC VERIFICATION ~,ESS I CA S C1D ~ a ~ C ,hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that ANDI H. MELOY owes the balance of $1,727.95 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as of the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. By: c- Dated: MAR 2 3 2001 Authorized Representative ~f'~I?~(~d~G9~19104~~ i~~ ACCO~A{R NUIyAlR N8T Bank 4313 0270 7200 2956 PAYn~twEDATE NEVDALANCEroTu 05/05/04 5.00 T M MP ! llE ! INoYe eAeck CARDHOLDER SINCE 1989 5,00 pe„bl. te: BANKCARD SERVICES 07 P.O. BOX 15287 OP NILfhINGTON, DE 19885-5283 AHDI N MELOY P 0 BOX 25026 4fILNINGTON DE 19850-122400 5 00000000000000000000000000 000000000043I3D27012002956 5 0001727950000815400000000000000000 004313027072002956 ACCOUNT MINDER CgfOR LIME OATH Op CREOtf AYAaADLE CYCLCN CIOSIN00ATt: PAYMEriR PAYhR7Y~ OUE DATC POST REFERENCE TRANTALTpNT a ClIAROEY CREDfrTICR) 0332 VS CHARGE-OfF ADJUSTMENT 1,727.95 CR TOTAL FOR BILLING CYCLE FROVd 3/06/2004 THROUGH 4/01/2004 x.00 (1,721.95 CR 1NIPOR7ANT NEWS Previous -payme~ t3alanoe Cradles as Advances urc asas 6Adf ustNent +PerfodoRate TransaafonFee •NevBalsnw as uD lwu ONAIIGL ' T«~ n a e ; 1,727.95 1,727.95 ;0.00 X0.00 50.00 0.00 ;0.00 Total Mln P ylasttt Dua X0.00 A EI GAtegorryHAROEaCH[Dtll[ Parodic Corresepondng Balanot Rsta Anrwal Sub~eot to Peroentage Rata A. BALANCE TRANSFER, CHECKS .000OOOst OLY OO.OOIr Fnsnca Clwges FOR YOUR SATISFACTION. EVERY HOUR. EVERY DAY B. ATM. BANK. .000OOO+c DLY OO.OOk F wtComvctsarvbe,oaA ~ Z'-'~~la-~~ C. PURCHASES .000OOOk DLY OO.OOk D. OTHER BALANCES. .000OOOk DLY OO.OOk T Customer5atislaotionr ;0.00 ~~'~~'~}~~~ epresantatRres,oal F N UAL IPER~TAfiE RATE ... SEE ABOVE ~ F~60~ ~T~~?atials Oevba fvr tIa Deal] assistance, call TMS DOCUA'!<11R a A COPY OF YOUR tTATEtNENY, R i3 FOR YOt1R F~COROT hts g rg era preserve d ' ~ only bg Wrkten MgWq. MaA billing ingrdrias ONLY AND ISNOr AN OFFICIAL DANKOOCIMKNT. TMIT COPY IT lVW AN ~ I ~ r ~ n ~BA~CRRDa~~s ~~' BOX 15026 E7CACT pUPIICATC AeO NNY NOT WCLUUC METSA0E4 M+IIIGI APPEAR Y/ PAGE 1 OF 1 WILMIMG70N, OE 19850-5026 THE ttiiPORfAHr NEWT DLOCK ON YpUR ORIOaYAI. PEAK1pIC STAT£MENr. EXHIBIT ,.A~ CERTIFICATE OF PURCHASE I, JESSICA S I is tl D l~ R A, S S hereby depose and state that: 1. I am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: ANDI H. MELOY Original Creditor: Maryland National Bank, N.A. Account Number: 4313027999968362 3. On or about Tuly 11, 2005 this account was issued by the original creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: MAR 2 3 1001 -~ B. Sworn and subscribed to before me this day of 2007. f~'"' ~ ~• CA ~~j otary Public ,I~~i ~~T Ayy~~~< ~ •. r .,; My Commission Expires: My Commission Expires 0112~12oj0 ''' ~n ~',• .o .' %~~.. V -31,~~' • ~0~ , ~ EXHIBIT _` 'ph N ~ ~ ~ Z7 t7C.i rn ~-..J C... ~ ~ . p 0 r m - ... ~ fY1 ~ m Q ~~~, ~ ~, Cl f7i ~ w W ~ SHERIFF'S RETURN - REGULAR CASE N0: 2007-04460 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACH LLC VS MELOY ANDI H SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MELOY ANDT H the DEFENDANT at 1430:00 HOURS, on the 6th day of August ,2007 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to ANDI MELOY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 .00 S~1 '7~D~ r~,,,„J 4 2 .4 0 Sworn and Subscibed to before me this day So Answers: ~~ R. Thomas Kline 08/06/2007 JOHN RODGERS ~4--' Deputy Sh r ff of A.D. John P. Rodgers, Esquire Attorney for Plaintiff, CACH, LLC Identification No. 79998 Law Offices: Wetzel, Caverly, Shea, Phillips & Rodgers 15 Public Square, Suite 210 Wilkes-Barre, PA 18701 Phone: (570) 823-0101 Fax: (570) 825-7799 CACH, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - -LAW VS. ANDI H. MELOY, Defendant No.07-4460-cv PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO: Prothonotary, Cumberland County Enter judgment by default, in favor of the Plaintiff, CACH, LLC, and against the Defendant, Andi H. Meloy for her failure to plead to the Complaint in this action within the required time. The Complaint contained a Notice to defend within twenty (20) days of the date of service thereof. The Defendant, Andi H. Meloy was served with the Complaint on August 6, 2007. Attached hereto as Exhibit "A" is a copy of the Plaintiff's written Notice of intent to file Praecipe for Entry of Judgment by Default, which I can certify was mailed by first class mail to the Defendant at his last known addresses on August 30, 2007, which is at least ten (10) days prior to the filing of this Praecipe. Please assess damages in the amount of two thousand eight hundred sixty five and 54/100 ($2,865.54) Dollars, being the amount demanded in the Complaint, together with costs and interest. John P. Rodgers, Esquire Attorney for Plaintiff, CACH, LLC Identification No. 79998 Law Offices: Wetzel, Caverly, Shea, Phillips & Rodgers 15 Public Square, Suite 210 Wilkes-Barre, PA 18701 Pbone: (570) 823-0101 Faz: (570)825-7799 CACH, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. CIVIL ACTION - -LAW ANDI H. MELOY, Defendant No.07-4460-cv ENTRY OF JUDGMENT Pursuant to Praecipe filed for Entry of Default Judgment, Judgment is hereby entered in favor of the Plaintiff, CACH, LLC and against the Defendant, ANDI H. MELOY, in the amount of two thousand eight hundred sixty five and 54/100 $2,865.54)) Dollars, together with costs and interest from the time of the present and continuing to accrue until the time of payment. PROTHONOTARY, CUMBERLAND COUNTY BY: John P. Rodgers, Esquire Attorney for Plaintiff, CACH, LLC Identification No. 79998 Law Offices: Wetzel, Caverly, Shea, Phillips & Rodgers IS Pnbiic Square, Suite 210 Wilkes-Barre, PA 18701 Phone: (570) 823-0101 Fax: (570)825-7799 CACH, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. CIVIL ACTION - -LAW ANDI H. MELOY, Defendant No.07-4460-cv CERTIFICATE OF SERVICE I, John P. Rodgers, Esquire, certify that on the above stamped date & time, I caused to be served atime-stamped copy of each of the following documents: Praecipe for Entry of Judgment by Default, Entry of Judgment and Notice of Entry of Judgment along with a Cert~cate of Service, upon the Defendant, Andi H. Meloy, by United States, first class mail, postage prepaid, addressed as follows: Andi H. Meloy 1897 Elm Street New Cumberland, PA 17070 ESQUIRE ~tforney for Plaintiff, CACH, LLC John P. Rodgers, Esquire Atton-ey for Plaintiff, CACH, LLC Identification No. 79998 Law Otlices: Wetzel, Caverly, Shea, Phillips & Rodgers 1S PubUc Square, Suite 210 Wilkes-Barre, PA 18701 Plwne: (570) 823-0101 Faz: (570) 825-7799 CACH, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION -LAW ANDI H. MELOY, Defendant NO. 07-4460-cv IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10} DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU VViTHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Or MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 (800) 822-5288 EXt11BIT ~~ M ~, ~ 6 7 t '. John P. Rodgers, Esquire Attorney for Plaintiff; CACH, LLC Identification No. 79998 Law OtCices: Wetzel, Caverly, Shea, Phillips & Rodgers 15 Pnblic Sgaare, Suite 210 Wilka-Earre, PA 18701 Pione: (570) 823-0101 Faz: (570) 825-7799 CACH, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PlaintifF vs. CIVIL ACTION -LAW ANDI H. MELOY, Defendant NO. 07-4460-cv CERTfFICATE 4F SER1/ICE I, John P. Rodgers, Esquire, certify that on the~~tlay of August 2007, I made service of the Original Important Notice of intention to enter default judgment upon the Defendant, Andi H. Meloy by United States, first Bass mail, postage prepaid, addressed as follows: Andi H. Meloy 1817 Elm Street New Cumberland, PA 17070 MAI U.S. POSTAL 3ERV end MAY USED FOR DOMESTIC AND MRERNATI(3NAL' MAIL. DOES NOT ire of PROVIDE FOR INSURANCE -POSTMASTER CuRBM Retxived Flom: John P. Rodgers, Esquire o ~ 15 Pubiic Square, Suite 21 ~c ~ 9~ Wilkes-Barre, PA 18701 ~ ~ w ~'-_ '~. o !' QIO ~111f ~01l~ ~_ mo-a~ ~°O~ ~.~1 ~ ~~ pu+ ESQUIRE .... ~____ .,.,.-. a-_ anon John P. Rodgers, Esquire Attorney for Plaintiff, CACH, LLC Identification No. 79998 Law Offices: Wetzel, Caverly, Shea, Phillips & Rodgers 15 Public Square, Suite 210 Wilkea-Barre, PA 18701 Phone: (570) 823-0101 Faa: (570)825-7799 CACH, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLANb COUNTY Plaintiff VS. CIVIL ACTION - -LAW ANDI H. MELOY, Defendant No.07-4460-cv AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF LUZERNE SS I, John P. Rodgers, attorney for Plaintiff, CACH, LLC, being duly sworn, depose and say that: To the best of my knowledge, information and belief the Defendant, Andi H. Meloy 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 amendments thereto. Dated: ~I. - ~ --~ Sworn to and subscribed before me this ~ day of 2007. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA ~ NOTARIAL SEAL LINDA L. WILSON, Notary Pr~lic City of Wilkes-Barre, Luneme Coutttttyy My Comtrassion Expiaes A ust 25, 2t~11 ~~ V ..iti. ~rti "6" 1.J ~- ~ ;. 0 b S> '(~" ~~ ~x ~' a N John P. Rodgers, Esquire Attorney for Plaintiff, CACH, LLC Identification No. 79998 Law Offices: Wetzel, Caverly, Shea, Phillips & Rodgers 15 Public Square, Suite 210 Wilkes-Barre, PA 18701 Phone: (570) 823-0IOI Faa: (570) 825-7799 CACH, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff CIVIL ACTION - -LAW VS. ANDI H. MELOY, Defendant No.07-4460-cv NOTICE OF ENTRY OF JUDGMENT TO: Andi H. Meloy 1817 Elm Street New Cumberland, PA 17070 AS PRESCRIBED BY LAW, YOU ARE NOTIFIED THAT A JUDGMENT HAS BEEN FILED IN THIS OFFICE AGAINST YOU BY PLAINTIFF, CACH, LLC, IN THE AMOUNT OF $2,865.54 TOGETHER WITH COSTS AND INTEREST FROM THE TIME OF THE PRESENT, AND CONTINUING TO ACCRUE UNTIL THE TIME OF PAYMENT. Prothonotary, CUMBERLAND COUNTY BY: S 9/~~/~