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Home My WebLink About07-5139~ w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA APPLIED CARD cJo Edwin A. Abrahamsen & Associates, P.C. CIVIL ACTION 1729 Pittston Avenue Scranton, PA 18505 Plaintiff vs. NO: C~ ~ - d ~ 3 9 ~c.~~ ~.w~ WILLIAM D CACESE 11 APACHE DR SHIPPENSBURG PA 17257-9011 Defendant NOTICE TO DEFEND 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 to Defend aze served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You aze warned that if you fail to do so the case may proceed without you and a judgment maybe 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 (717) 243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA APPLIED CARD c/o Edwin A. Abrahamsen & Associates, P.C.. 1729 Pittston Avenue Scranton, PA 18505 Plaintiff vs. WILLIAM D CACESE 11 APACHE DR SHIPPENSBURG PA 17257-9011 Defendant CIVIL ACTION NO: 07- -5~ 39 ~ ~~ COMPLAINT Plaintiff, NCO FINANCIAL SYSTEMS, INC, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, APPLIED CARD, c/o Edwin A. Abrahamsen & Associates, P.C. (hereinafter "Plaintiff') is a Pennsylvania corporation with a principal place of business located at 1729 Pittston Avenue Scranton, PA 18505 2. The Defendant WILLIAM D CACESE (hereinafter "Defendant") is an adult individual residing at 11 APACHE DR SHIPPENSBURG PA 17257-9011. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by APPLIED CARD BANK with the account number 4227093712148919. 5. The within account was sold and Plaintiff was assigned all rights to certain credit cazd accounts, including the account opened by Defendant with account number 4227093712148919. 6. Use of the APPLIED CARD BANK credit cazd was subject to the terms of the Cazdmember Agreement, a copy of which was sent to the Defendant along with the credit cazd. 7. Defendant used the APPLIED CARD BANK credit cazd account number 4227093712148919, for purchases, cash advances and/or balance transfers. 8. The Defendant was mailed account statements relative to the Defendant's use of the subject credit cazd. 9. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 10. The account became delinquent. 11. The principal amount was $1,124.30 at the time it was received by Plaintiff. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 0. 13. The total amount due and owing the Plaintiff including interest, is $1,954.59. 14. Pursuant to the terms of the Agreement, Defendant is liable for Plaintiff s court costs and reasonable attorney's fees in the amount of 25% of the balance. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $1,954.59 plus costs of suit, reasonable attorneys' fees of $488.64 and any other relief as the Court deems just and appropriate. Respectfully submitted, Edwin A. Abrahamsen & Associates, P.C. Michael F. Ratchford, Esquire Scott J. Best, Esquire Attorney I.D. Nos.: 86285/93600 1729 Pittston Avenue Scranton, PA 18505 mratchford@eaa-law.com sbest@eaa-law.com VERIFICATION I, Scott J. Best, attorney for Plaintiff, APPLIED CARD, am fully fanuliaz with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements aze punishable by law pursuant to 18 C.S.A. 4904. Scott J. Best, Esquire LAW OFFICES win A. ABx~HAr~ISEn ASSOCIATES, P. C. 1201Y. Keyser Avenue • Scranton, PA 18504 'loll Free: 1-800-503-1665 Phone: 570-558-5510 Fax: 570-558-5511 August 22, 2007 Cumberland County Sheriffs 1 Court House Sq. Carlisle, PA 17013 Re: APPLIED CARD vs. WILLIAM D CACESE Our file Nos.: N07-0076 Deaz Sheriff: In regazd to the above-noted matter, enclosed please find the following: 1. A true and correct copy of the Complaint; 2. The completed form for service; 3. A check for service; 4. Aself-addressed return envelope for the return of service. Please serve the named defendant in accordance with the County Rules of Civil Procedure. If you should have any questions or concerns, please do not hesitate to call me at (570) 558-5510. The defendants address is : WILLIAM D CACESE 11 APACHE DR SHIPPENSBURG PA 17257-9011 Thank you for your attention to this matter. Edwin A. Abrahamsen & Associates, P.C. Scott J. Best, Esquire sbest@eaa-law.com Enclosures mfr/MR ~ ~ ~ - ~ n ~ rv a ~ ~ ~ ~ ~ ~ ~ ~.1 ~p - N -p a'ri J _ V ~ ~ r ,~~. ~ ~ E'~ T..} G.~Y a ~- .. -.~ :~~ o ~ q -~ 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-05139 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND APPLIED CARD VS CACESE WILLIAM D VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CACESE WILLIAM D the DEFENDANT at 2040:00 HOURS, on the 4th day of September, 2007 at 11 APACHE DRIVE SHIPPENSBURG, PA 17257-9011 by handing to RONALD SWITALSKY ADULT IN CHARGE 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 Surcharg(}e 18.00 18.24 .00 10.00 .00 46.24 Sworn and Subscibed to before me this day So Answers : '~~~ /- R. Thomas Kline 09/06/2007 EDWIN ABR.AHAMSEN & ASSOCIATES By: . Deputy Sheri of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA APPLIED CARD BANK , CIVIL DIVISION Plaintiff : vs. , WILLIAM D CACESE , NO: 0?-5139 -CIVIL TERM Defendant : PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the amount of $2,345.50, which includes reasonable attorneys' fees. Notice of the intent to file a default judgment was served upon the Defendant on February14,2008. Acopy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." Edwin A. Abrahamsen & Associates, P. Michael F. R ord, Esquire Attorney . No.: 862.85 Atto y for Plaintiff JUDGMENT AND NOW, this ~$* day of ~.Ujm(~ , 20 D$ Judgment is hereby entered in favor of the Plaintiff and against the Defendant in the amount of $2,345.50, which includes reasonable attorneys' fees for failure to respond to Plaintiff's Complaint. PROTHONTOARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA APPLIED CARD BANK , Plaintiff vs. , WILLIAM D CACESE , Defendant CIVIL DIVISION NO: 07-5139 -CIVIL TERM CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: WILLIAM D CACESE 11 APACHE DR SHIPPENSBURG PA 17257-9011 Date: Edwin A. Abrahamsen & Associates, P.C. By: /l ` ~~// Michael F. Ratchford, Attorney I.D. No.: 86~ 120 Keyser Avenue Scranton, PA 18504 (570) 558-5510 APPLIED CARD BANK In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division vs. NO: 07-5139 -CIVIL TERM WILLIAM D CACESE . Defendant AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): WILLIAM D CACESE; is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): WILLIAM D CACESE; is(are) older than eighteen years of age; That the employment status of the defendant(s): WILLIAM D CACESE; is(are) unknown. Michael F. ibed beforR me his ~ day of ~~,~ 20~_ Jenr~ife~ Loeh- N~t~fy Public ,.,uJ""'el~y\P~ ~ tits^~ /'1~~~~~ r~N~F ~p„c ~P~ pq 1E G~QCV PG~,~„~JP~c 2,2G~ G~~tC ~~ tj4£Se'1~ EDWIN A. ABRAHAMGEN MICHAEL F. RATCHFORD SCOTT J. 6EST• •AL90 MEMBER OF NJ BAR THE LAW OFFICE OF EDWIN A. ABRAHAMSEN & A984CIATES, P. C. WWW.EAA-LAW.CQM February 14, 2008 WILLIAM D CACESE 11 APACHE DR SHIPPENSBURG PA 17257-901 I Re: APPLIED CARD BANK v. WILLIAM D CACESE CUMBERLAND County Civil Action Na.: 07-5139 -CIVIL TERM Dear WILLIAM D CACESE Enclosed please find the Ten Day Notice of Intent to Take Default in regard to the above- noted matter. Please act accordingly, If you have any questions or wish to discuss your outstanding account, please contact me at (570) 558-5510. Edwin A. Abrahamsen & Associates, Michael F. Enclosure This is a communication from a debt collector in an attempt to collect a debt. Any information will be used for that purpose. 1 729 PITT5TON AVE. • SCRANTON. PA 1 8505 • (PI 57^.558.551 ^ • (F) 570.55H.551 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA APPLIED CARD BANK vs. CIVIL ACTION Plaintiff WILLIAM D CACESE NO: 07-5139 - CNIL TERM Defendant : TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: WILLIAM D CACESE 11 AFACHE DR SHIPFENSBURG PA 17257-9411 Date of Notice: Febnuar~l 4.2008 IMPORTANT NOTICE PURSUANT TO PA.R.C.P. 237.1(a)(2,~ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA APPLIED CARD BANK Plaintiff vs. WILLIAM D CACESE CIVIL ACTION NO: 07-5139 -CIVIL TERM Defendant CERIFICATE OF SERVICE [, Michael F. Ratchford, Esquire, hereby certify that on February 14, 2008 I served a copy of the Ten Day Notice of Intent to Take Default in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: WILLIAM D CACESE I I APACHE DR SHIPPENSBURG PA 17257-901 I Edwin A. Abrahamsen & Associates, P.C. .~ BY. Michael F. Ratchford, ire Attorney I.D. No.: 85 1729 Pittston Avenue Scranton, PA 18505 (570) 558-5510 a * ~ z ~ ~ ~ ~' °o ~ ~ ~ ~ r~ ° '? : D _ 4',a ., ~,~ ~"l :;C . ~ r APPLIED CARD BANK In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division vs. WILLIAM D CACESE Defendant NO: 07-5139 -CIVIL TERM NOTICE OF FILING JUDGMENT Notice is herby given that a money judgment in the above-captioned matter has been entered against you in the amount of $ a, 35.50 on 3 ~R dQ i~ G,.,~ Q. G.~ --,~~s If you have any questions regarding this notice, please contact the filing parry: Edwin A. Abrahamsen & Associates 1729 Pittston Avenue Scranton, PA 18505 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236) APPLIED CARD BANK 800 DELAWARE AVE In the Court of Common Pleas of WILMINGTON, DE 19801 CUMBERLAND County, Pennsylvania Plaintiff Civil Division vs. NO: 07-5139-CIVIL T WILLIAM D CACESE 11 APACHE DR Request for Exemplified Record of Judgment SHIPPENSBURG PA 17257-9011 Defendant To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter this Request for Exemplified Record of Judgment to transfer the Judgment to another county. n r_ Thank you, ~' ~. ,. // ~ ~ r '< / ~ ~/v is ael F. Ratchford, Esqui Edwin A: Abrahamsen &~sociates, P.C. Lawyer ID # 86285 Sworn and suli'scribed before me on this ~ day of 0~ Lee~P~ficohe, Notary Public NOTARIAL SEAL LEE PERRICONE Notary Public SCRANTON CITY, LACKAWANNA COUNTY My Commission Expires Apr 2, 2014 ~ ,.l -„ ~ •-~ ~~~ ~', -~, N ~r -r's , C_J c~ w ~Ito.Oo P~J A11~ ~~ 8r~5 ~~ a~;~ti