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Home My WebLink About08-0700Our File No.: 145669 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff CACH, LLC. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. AMBER K KISHBAUGH 7005 SALEM PARK CIR MECHANICSBURG, PA 17050-2851 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Q$ - 700 byt, ( (e'K-c 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo at partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 A APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 ` Attorneys for Plaintiff CACH, LLC. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. AMBER K KISHBAUGH 7005 SALEM PARK CIR MECHANICSBURG, PA 17050-2851 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 0 & - 9 6ti &t;. j ,t,..-- CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, CACH, LLC., is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is AMBER K KISHBAUGH, an adult individual residing at 7005 SALEM PARK CIR MECHANICSBURG, PA 17050-2851. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiffs records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $20,058.23. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. 9. The original creditor is MARYLAND NATIONAL BANK, N.A.. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $20,058.23 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. AYOT ASSOCIATES, P.C. TEm for Plaintiff A Law ged in D t Collection BY: Dav?<J. Apothaker Dated: 1/22/2008 Our File No.: 145669 VERIFICATION David J. Apothaker Esq. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to )di worn falsification to authorities. David thaker Attorney r Plaintiff DATE: 1/22/2008 CACH, LLC. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 AMBER K KISHBAUGH 7005 SALEM PARK CIR MECHANICSBURG, PA 17050-2851 STATEMENT OF ACCOUNT Debtor's Name: AMBER K KISHBAUGH Account Number: 74974999373381 Original Creditor: MARYLAND NATIONAL BANK, N.A. Balance Due: $20,058.23 Our File No.: 145669 . EXHIBIT "A" 49- 1 ? od D ? b g y ? n O S m C CJ7 "? N SHERIFF'S RETURN - REGULAR CASE NO: 2008-00700 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACH LLC VS KISHBAUGH AMBER K NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according,!to law, says, the within COMPLAINT & NOTICE was served upon KISHBAUGH AMBER K the DEFENDANT , at 1900:00 HOURS, on the at 7005 SALEM PARK CIR MECHANICSBURG, PA 17050-2851 AMBER KISHBAUGH 6th day of Februaryj, 2008 by handing to 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 Service Affidavit Surcharge So Answers: 18.00 9.60 .00 10.00 R. Thomas Kline Ct .00 ? 37.60 02/07/2008 APOTHAKER & ASSOCIATES Sworn and Subscibed to before me this By: day Deputy' Sheriff of A. D. L I Our File No.: 145669 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CACH, LLC. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. AMBER K KISHBAUGH Defendant. NO.: 08-700 Civil Action PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a default judgment in favor of plaintiff, CACH, LLC., and against Defendant, AMBER K KISHBAUGH, for failure to answer or otherwise respond to the Complaint - Civil Action. The Complaint was served upon the defendants on February 06, 2008 by the CUMBERLAND Sheriff's Department. Copies of the proofs of service are attached hereto as Exhibit "A". I certify, a copy of the Notice of Intention To Take Default was mailed on April 24, 2008, and also attached hereto. Assess damages in the amount o£ (a) (b) Balance: $20,058.23 Interest from January 22, 2008 $1,039.76 TOTAL $21,097.99 APOTHAKER & AS% IATES, P.C. Attorneys r P ' tiff A Law Firm Engaged i Debt Collection r By: David J: Dated: 1/27/2009 'Request for Military Status Department of'Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JAN-27-2009 10:10:10 '< Last Name First/Middle Begin Date Active Duty Status Service/Agency KISHBAUGH AMBER K Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. 14, fog 41a4k lot *4._ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq./Tis/PC09SLDR.htrnl WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1/27/2009 t 145669 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY CACH, LLC. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) AMBER K KISHBAUGH ) NO. 08-700 ) To: AMBER K KISHBAUGH 7005 SALEM PARK CIR MECHANICSBURG, PA 17050-2851 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Date of Notice: April 24, 2008 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 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 Lawyer Referral and Information Service 800-990-9108 _/s/ David J. Apothaker DAVID J. APOTHAKER, ESQUIRE A Law Firm Engaged in Debt Collection 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorney for Plaintiff Attorney ID 438423 f ` SHERIFF'S RETURN - REGULAR CASE NO: 2008-00700 P r,OMMONWEALTI OF PENNSYLVANIA: COUNTY OF CUMBERLAND \ CACH LLC VS KISHBAUGH AMBER K i i ?jq 08 FEB 1 20 NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KISHEAUGH AMBER K the DEFENDA14T , at 1900:00 HOURS, on the 6th day of February_, 2008 at 7005 SALEM PARK CIR MECHANICSBURG, PA 17050-2851 by handing to AMBER KISHBAUGH 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 9.60 Affidavit .00 Surcharge 10.00 .00 37.60 Sworn and Subscibed to before me this day of r So Answers: R. Thomas Kline 02/07/2008 APOTHAKER & ASSOCIATES By: Deputy Sheriff A. D. ra ? _yy W ' c OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: AMBER K KISHBAUGH 7005 SALEM PARK CIR MECHANICSBURG, PA 17050-2851 CACH, LLC. Plaintiff, VS. AMBER K KISHBAUGH Defendant. NOTICE COURT OF COMMON PLEAS OF } CUMBERLAND COUNTY } NO.: 08-700 Civil Action Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. JUDGMENT BY CONFESSION XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT FOR POSSESSION _ JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esq. at this telephone number: 215-634-8920 :f- 2-13 OLl 17 j 9. f IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA `ti SEh ., ) COAi, PENNSYLVA' I . IN RE: CHAPTER 7 AMBER K KISHBAUGH fka Amber K Kahle, CASE NO. 1:10-bk-03423 Debtor AMBER K KISHBAUGH fka Amber K Kahle, Movant • CERTIFIED FROM THE RECORD this — v. day of , 20/3. CACH, LLC, Clerk, U.S. E* ;n1 e.i ": Cb, Respondent P/I i Per Clerk ORDER UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under Section 522(f) of the Bankruptcy Code , it is hereby ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is granted, to wit, the judgment of CACH, LLC in the ap roximate amount of$21,097.99 entered in Cumberland County at docket numbe and hereby is avoided; it is further ORDERED AND DECREED tha a certified copy of this Order may be filed with the Prothonotary of Cumberland County and the Prothonotary is directed to terminate the judgment in the judgment indices. By the Court, / r .1— d Chief Bankruptcy Judge (JK) tem Y 9 SO Pet_Dated: September ber 17, 2013 k a97c0e) Case 1:10-bk-03423-MDF Doc 103 Filed 09/17/13 Entered 09/18/13 08:39:44 Desc Main Document Page 1 of 1