The URL can be used to link to this page

Home My WebLink About08-3881M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH, LLC . ? No: oa -assn VS HENRY MALIS NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set fourth in the following pages, you must take action within (20) days after the Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court you defenses or objections to the claims set fourth 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 of any money claims or any other claim or relief requested by the Plantiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIIRING 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. LAWYER REFERRAL SERVICE Court Administrator 411' Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 Harrison Ross Byck, Esq., P.C. 229 Plaza Boulevard Suite 112 Morrisville, Pennsylvania 19067 1-888-275-6399/(215) 428-0666 Attorney for Plaintiff CACH, LLC 4340 S. Monaco Street- 2nd Floor: DENVER, CO 80237 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: oF- 3 FF1 G ?c,? HENRY MALIS 1131 OYSTER MILL ROAD CAMP HILL, PA 17011 Defendant(s). COMPLAINT To: HENRY MALIS 1131 OYSTER MILL ROAD CAMP HILL, PA 17011 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 the court without further notice may enter a judgement against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose 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. LAWYER REFERRAL SERVICE Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 Plaintiff, CACH, LLC, by its attorney Harrison Ross Byck, by way of complaint against defendant(s) HENRY MALIS, avers the following: 1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340 S. Monaco Street- 2nd Floor; Denver, Colorado 80237. 2. Defendant, HENRY MALIS, is an individuals residing at 1131 OYSTER MILL ROAD; CAMP HILL, PA 17011. 3. Defendant, HENRY MALIS, is indebted to DIRECT MERCHANTS on an account stated by and between them in the amount of $3,186.03 which balance was due and unpaid as of September 30, 2006 for credit card account number 5458 0015 0201 1103. <Exhibit A> 4. On or about November 3, 2006, DIRECT MERCHANTS sold the debt for good and valuable consideration to plaintiff, CACH, LLC. <Exhibit B> 5. Defendant (s) HENRY MALIS last tendered a payment on this account on or about February 19, 2006 for $100.00. 6. A copy of the credit card agreement is attached hereto. <Exhibit C> 7. Plaintiff is entitled to charge-off account finance charges of $ -0-. <Exhibit A> 8. Plaintiff is entitled to pre-litigation charge-off interest of $2.38 per day from the default date (27.24% annual percentage rate x $3,186.03/ 365 days) or $2.38 x 560 days = $1,331.53, which is accrued interest through the date of filing, plus an award of late fees of $-0-, plus court costs $178.50 and reasonable attorneys fees of $300.00. <Exhibit A> 9. The defendant, being indebted to the plaintiff in the sum or $4,996.06 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $4,996.06 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $4,996.06 together with other interest, costs of suit, and an award of reasonable attorney's fees. Date: MAY 30, 2008 EXHIBIT A DIRECT MERCHANTS BANKS CAROMEMBER SERVICES PO BOX 21550 TULSA OK 74121-1550 MAKE PAYMENTS PAYABLE TO. DIRECT MERCHANTS BANK STATEMENT NEW MINIMUM AMOUNTPAST PAYMENT MUST AMOUNT DATE BALANCE PAYMENT DUE DUE BE RECEIVED BY ENCLOSED 02!18!08 2,85629 154.00 ?1.00 03113106 n New ed*&u w W"17 Chw* box Sbe mv&so $de. SEND PAYMENTS TO ??(j3r 11 S I LL1 x'1'1 PAYMCNT Cf.NTCR OY MI RD ?AHJ 10 PO BOX 105278 MP ILL n 1-1003 ATIANTA GA 30348-5278 II'll.".dl„I,.IIM,.I'1...1.11...ll .1.1...11.'Ir'I,I. ..III.,,il1......il...l1...IIII...II.,r..11.,.11....11.'I,I 545800150201110300015400002656299 D16wn and Wsa fts 0p pordw n Yw omk-A aP " Be aura tlw P,4-Canter a0 - Mw-a B,e arnew0a w.mw. DIRECT MERCHANTS BANKS A, VIEW OFYOMRECENT _CHARGES AMCREDITS PayCnInDAV".WWW.a000UnjCWdTatonlh&.Com TRANS POST REFERENCE DATE DATE NUMBER DESCRIPTION CREDITS CHARGES PURCHASES, CASH ADVANCES 6 FEES Wile 02116 ACCOUNT PROTECTION PLUS 23 43 02113 02113 LATE FEE 39.00 'FINANCE CHARGE' PURCHASES $53,62 CASH ADVANCE 10 00 55.62 YOUR ACCOUNT SUMMARY - FEBRUARY 2808 ACCOUNT AND PAYM EM IRFORMATION CREDIT LINE WFORMALIM ACCOUNT BUIM Aw ACCOUNT NUMBER 3/68001502011107 TOTAL CREOITIME $2500 PREVIDUBBALANCE 5253E 34 NEW BALANCE 2658.20 TOTAL AVANABLE CREDIT 0 RMCHAOES • 2743 MNIIYIIM PAYMENT DUE 18800 CASH ADVANCE CREDIT LMr 1250 CASH ADVANCES • 000 AWASM PAST DUE 71,80 CASH ADVANCE AVAILABLE CREDIT 0 CREDITS 000 PAYMENTMUSTBE OVERL.MrT AMOUNT 156.29 PAYMENTS - 000 RECEIVED BY MAR13.2000 'CASH ADVANCE CREW A.MRIB A OTHER :29.00 PORTION OF YOUR TOTAL CREwT LWL RNANCE CHARGE • 55.62 NEW BALANCE 26502" CARDMEMBER SERVICE CENTER' 1-600-370-7690 PAYMENT BY PHONE 877-2-PAY-CARD FROM OUTSIDE THE U S. CALL COLLECT 904-097-4997 HEMING IMPAIRED-TDO CUSTOMERS CALL. 877-902-0907 SEND PAYMENTS TO: PAYMENT CENTER, PO BOX 103278, ATLANTA OA 30H8-5278 MAIL INQUIRIES TO'CAROMEMBER WRVK;ES, PO ROX 21650, TU.SA.OK 7!121-1380 NOTICE. SEE REVEIM S" FOR IMPORTANT INFORMATION. Pay OrWo. AnAm www.*cmullt6entntolN ;N,=RI OUR RECORDS INDICATE YOUR ACCOUNT IS PAST DUE. IF YOU HAVE NOT MAILED YOUR PAYMENT, PLEASE DO So TODAY. YOU CAN FIND INFORMATION ABOUT YOUR MASTERCARD(R) BENEFITS BY VISITING WWW.MASTERCARD.COMICAROHOLDERSERVIMSI GUIDETOSENEFITSGMARTSHOPPER OR BY CALLING 1-800-MCASSIST. :..1 ..nal 1YN ! r 12 060216 1P„1r 1 d 2 fl300 IT•CC +011' Ulbl'.9M 4'1516 WHEN SENDING US YOUR PAYMENT... ALWAYS INCLUDE YOURAICCOUNT NUMBER ON THE CHECK BE SURE TO SIGN YOUR CHECK REMOVE THE TOP PORTION OF YOUR STATEMENTAND RETURN WITH YOUR PAYMENT IN THE ENVELOPE PROVIDED PAYMENT IS DUE BY THE DATE INDICATED IN THIS STATEMENT DIRECT MERCHANTS BANK! ACCOUNT NUMBER 5455 0015 0201 1103 A SUMMARY OF YOUR FINANCE CHARGES (EXGLUDEIG PROMOTIONAL OFFERS NOMINAL NUMBER AVERAGE DAILY ANNUAL ANNUAL OF DAYS STATEMENT DAILY PERIODIC PERCENTAGE FNANCE PERCENTAGE IN BILLING CLOSING BALANCE RATE RATE CNAROE RATE CYCLE DATE PURCHASES 2570 32 .0766211 27 4 % 91112 2724 % CASH ADVANCES Goo .687616 29-99% GAR 2993% 29 FES 16.2006 .,.994 ONI xvn 2 7 ] 2 iN.O);r, Y i•?nr 2 .1, 2 RPOO UOO '1W 11181i991 45118 WHEN SENDING US YOUR PAYMENT . ALIAMY$ INCLUDE YOUR ACCOUNT NUMBER ON THE CHECK BE SURE TO SKIN YOUR CHECK REMOVE THE TOP PORTION OF YOUR STATEMENT AND RETURN 1MTH YOUR PAYMENT IN THE ENVELOPE PROVIDED PAYMENT 13 DUE BY THE DATE INDICATED IN THIS STATEMENT EXHIBIT B CERTIFICATE OF PURCHASE I, Kimberly Stone, 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: HENRY MALIS Original Creditor: DIRECT MERCHANTS Account Number: 5458001502011103 3. On or about 11/3/2006 this account was sold by the original creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: January 22, 2008 / Sworn and subscribed to before me this J otary Public My Commission Expires: SARAH L. CAMPBELL Notary Public State of Colorado My Commission Exckes January 23, 2010 EXHIBIT C c s p fill j 11 JJA I pi mail f??'' s#i??` 11 a A "a • ?'? Of tea ??? 1 ? .. 1 ,? ?. ?a ???'•? .,? f a ! ?' J. '? trs Jim Yr ;, s t? Alai Aug A t 4# a iiva jag lip- -1 ???.?? spaa 3 i? M s? fill ??11 III r?? R R ? % A? i , ?i ? i? - xi A ?r Ills tv?i13 1 it lot IL; ANN F41? all Ilia E r il? L a a fix' d Ell 1 skip is t! IL ILI ' i All. 112, s 11mil t1jr] lit.1 ?,s UH ; all -11 A? t j is I-Ij J VERIFICATION I, Kimberly Stone, 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 HENRY MALIS owes the balance of $3,186.03 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as if 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: Dated: January 22, 2008 Authorized Representative M1, ? S '} ?:3 r.,? C =i 'L:l ?'~_? ?? ??.! ?I"i T '? -C iT { `t'1 ::±.: ..C SHERIFF'S RETURN - REGULAR CASE NO: 2008--03881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMPERLAND CACH LLC VS MALIS HENRY ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MALIS HENRY the DEFENDANT at 0017:51 HOURS, on the 16th day of July 2008 at 126 HIGH S' REET ENOLA, PA 1705 by handing to HENRY MALIS DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the sa e time directing His attention to the contents thereof. ail Sheriff's Costs: So Answers: Docketing 18.00 Service 15.00 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 / 43.00 ? 07/17/2008 RIIS N BYCK Sworn and Subs cibed to By: before me thi day Deputy S eriff of A.D. Harrison Ross Byck, Esq., P.C. Attorney I.D. No. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399//(215)428-0666 CACH, LLC Plaintiff(s), VS. HENRY MALIS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2008 - 03881 PRAECIPE TO ENTER Defendant(s). ) JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter a Default Judgment in favor of plaintiff, CACH, LLC, and against the defendant(s), HENRY MALIS, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on July 16, 2008. A copy of the proof of service is attached hereto as Exhibit "A". A copy of the Notice of Intention to take Default mailed to defendant(s) HENRY MALIS by regular United States mail, postage paid, on AUGUST 18, 2008, is attached hereto as Exhibit "B". Assess damages in the amount of $4817.56 as follows: [a] $ 3186.03 principal being sought in the Complaint; [b] and $1331.53 interest being sought in the Complaint; [c] and reasonable attorney's fees of $ 300.00, or $ 150.00 per hour, [d] and Court Costs of $ 0.00, [e] and Costs of Service of $0.00. Date: December 10, 2008 By- lla mith, Esq. Attorney I.D. No. 204756 SHERIFF'S RETURN - REGULAR .,t -CASE NO: 2008-03881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACH LLC VS MALIS HENRY ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MALIS HENRY the DEFENDANT , at 0017:51 HOURS, on the 16th day of July , 2008 at 126 HIGH STREET ENOLA, PA 17025 by handing to HENRY MALIS DEFENDANT 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: So Answers: Docketing 18.00 Service 15.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 43.00 07/17/2008 HARRISON BYCK Sworn and Subscibed to By: before me this day Deputy S eriff of A.D. Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399//(215)428-0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 2008 - 03881 vs. ) HENRY MALIS Defendant(s). ) CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, ALLAN C. SMITH, ESQ., of full age, certify that I mailed a copy of the annexed NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT upon defendant HENRY MALIS by United States mail, postage prepaid and certified mail, on AUGUST 18, 2008 at his/her last address of: 126 HIGH STREET ENOLA, PA 17025 Date: December 10, 2008 an C. Smith, Es q. 4?? Attorney I.D. No. 204756 Harrison R. Byck, Esq., P.C. Attorney I.D. No. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 H (215) 428-0666 Attorney for the Plaintiff CACH, LLC. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) VS. ) No.: 2008 - 03881 HENRY MALIS ) NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: HENRY MALIS 1131 OYSTER MILL ROAD CAMP HILL, PA 17011 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 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 WITHOUT 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 CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Dated: August 18, 2008 Harrison Ross Byck, Esq., P.C. Attorney I.D. No. 61511 229 Plaza Blvd. Suite 112 Morrisville, PA 19067 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACH,LLC Plaintiff, vs. HENRY MALIS Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2008 - 03881 CERTIFICATION OF NON-MILITARY SERVICE I, ALLAN C. SMITH, ESQ. of full age, certifies as follows: I am the plaintiff's attorney herein, and have sufficient knowledge of the facts and am fully authorized to make this Certification; My information is that the defendant is HENRY MALIS. Our latest information is that the defendant is employed at UNKNOWN. To the best of my information and belief, the Defendant is not a member of the military services of the United States of its allies or otherwise within the provisions of the Soldiers' and Sailors' Relief Act of 1940, as amended, and as stated in the attached Department of Defense Manpower Data Center reports. 5. This certification is taken subject to the penalties of 18 PaCSA 4904 relating to unsworn falsification to authorities. Date: December 10, 2008 B _ Al} C. Smith, sq. Attorney I.D. No. 204756 Request for. Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act rage NOV-26-2008 10:47:23 'K Last Name FirsUMiddle Begin Date Active Duty Status Service/Agency MALIS HENRY 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. o112 04,4, 6 AO?N_ 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.tt?fensglnlt ml[f??gsl?C(KII?DR ht![ WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report /D: BONW/STYKTU https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 11/26/2008 ?.,s? ro Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd. Suite 112 Morrisville, PA 19067 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACH, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2008 - 03881 Plaintiff, VS. ) HENRY MALIS Defendant(s). To: HENRY MALIS 1131 OYSTER MILL ROAD CAMP HILL, PA 17011 NOTICE 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: By: 4Z P csfa r X Judgment by Default Money Judgment - Judgment in Replevin Judgment for Possession - Judgment on Award of Arbitration - Judgment on Verdict - Judgment on Court Verdict If you have any questions concerning the above, please contact: ATTORNEY: HARRISON ROSS BYCK, Esquire at 215-428-0666 or 1-888-275-6399 LAW FIRM OF ALLAN C. SMITH, P.C. THE BUCKS COUNTY OFFICE CENTER 1276 VETERANS HIGHWAY, SUITE E-1 BRISTOL, PENNSYLVANIA 19007 Attorney for Plaintiff CACH, LLC. 4340 SOUTH MONACO STREET 2ND FLOOR DENVER, CO 80237 Plaintiff, VS. HENRY MALIS 1131 OYSTER MILL ROAD CAMP HILL, PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY i No.: 2008 - 03881 zC o ; }r ` r n w c- 3> C-) = X I ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance of behalf of CACH, LLC., the plaintiff in this action. ACmit , Esq. I.D No. 204756 Law Firm of Allan C. Smith, P.C 1276 Veterans Hwy- Suite E-1 Bristol, PA 19007 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdrawal my appearance of behalf of CACH, L1LC., the plaintiff in this action. Wftison Ross yClyl 'sq. ttorney ID o.: 61511 Law Offic of Harrison Ross Byck, Esq. P.C 1276 Veterans Hwy- Suite E-1 Bristol, PA 19007 Date: November 16, 2011 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Cach. LLC vs. Henry Malis Case Number 2008-3881 SHERIFF'S RETURN OF SERVICE 06/13/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on May 20, 2011, a true copy of the within writ of execution was attempted to be served upon the defendant, to wit: Henry Malis, 1131 Oyster Mill Road, Camp Hill, Cumberland County, Pennsylvania 17011. At that time it was learned that the defendant had moved more than three years ago. The post office will no longer have forwarding information on file. 01/26/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months; attorney for plaintiff unable to provide a good address for service. SHERIFF COST: $61.71 January 26, 2012 SO ANSWERS, RON ~ R ANDERSON, SHERIFF N L n170 , ??i ]mow i r?? "? ro CD ! SHERIFF'S OFFICE OF CUMBERLAND CQ"Ty(, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) T40 08-3881 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACH, LLC Plaintiff (s) From HENRY MALLS AT 1131 OYSTER MILL ROAD, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,817.56 Interest Atty's Comm % Atty Paid $162.00 Plaintiff Paid Date: 3130/11 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs David D. Buell, Protho otar)A By. Deputy REQUESTING PARTY: Name ALLAN C. SMITH, ESQUIRE Address: 1276 VETERANS HIGHWAY #E-1 BRISTOL, PA 19007 Attorney for: PLAINTIFF Telephone: 215-428-0666 Supreme Court ID No. 204756 In Te tR of COPY FROM RECORD hereof and the Seal Y wf I l here unto set my harms This Court at Carlisle, Pa. Said Y as 20 __[r ?_ I'rottwnotary PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 CACH, LLC. 4340 S. Monaco Street, 2nd Floor Denver, Colorado 80237 Plaintiff(s), VS. HENRY MALIS 200 PENNSYLVANIA AVENUE CAMP HILL, PA 17011 Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 2008 - 03881; i s Q 4 Q -? Cn S TO THE PROTHONOTARY: ISSUE and INDEX WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania, (2) against HENRY MALTS Defendant(s); (3) and against Garnishee(s); as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property to be levied upon by Sheriff) *tetze ate, r?q?s ?at busu"ess Pe?'?`1 (4) Amount Due $ 4,817.56 Interest from February 08, 2012 TOTAL O 4 ag. 50 PA ATr,/ 43. oo C' 8F IoI . ? I w 78 . so I4.oo " a4.oo 'm. q i - Pb AT?-y 4a .a.5 CujL (I ?# 5(0?5 e*,)71090 Plus costs. / Ilan C. S th, Esq.a py?5(o! Attorney for Plaintiff(s) Wri+op Ey-wwl-ion WRIT OF EXECUTION Special instructions for levy at business premises: SEIZE ALL CONTENTS OF EACH CASH REGISTER LAW FIRM OF ALLAN C. SMITH, ESQ., P.C. BRISTOL OFFICE CENTER 1276 VETERANS HIGHWAY, SUITE E-1 BRISTOL, PA 19007 PHONE: (888) 275-6399 FAX: (215) 428-0740 ALLAN C. SMITH, ESA. P.C. BRISTOL OFFICE CENTER 1276 VETERANS HIGHWAY, SUITE E-1 BRISTOL, PA 19007 215-428-0666 / 888-275-6399 CACH, LLC. 4340 S. Monaco Street, 2nd Floor Denver, Colorado 80237 Plaintiff(s), VS. HENRY MALIS 200 PENNSYLVANIA AVENUE CAMP HILL, PA 17011 Defendant(s), COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Cl) Docket No.: 2008 - 03881 . crime : {o ?C-) WAIVER OF WATCHMAN BY ORDER OF THE SHERIFF OF CUMBERLAND COUNTY COURTHOUSE - CARLISLE, PA 17013 N O rn cc Al a s O cn Cn rnr- -0m o° ?c? q -rj SIR: There will be placed in your hands for service a Writ of Execution, styled as follows: CACH, LLC., Plaintiff vs. HENRY MALLS, defendant(s), (1) The defendant will be found at: 200 PENNSYLVANIA AVENUE CAMP HILL PA 17011 f X?4 Allan C. mit , Esq. (2) If Writ of Execution, state below where Defendant will be found, what goods and chattels shall be seized and be levied upon. If real estate, attach three copies of description (not place of record) together with street and number of the premises. ANY AND ALL PERSONAL PROPERTY OF THE DEFEDNANT LOCATED AT.' 200 PENNSYLVANIA AVENUE CAMP HILL, PA 17011 (3) WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within may leave same without a watchman, in custody of whoever is found in possession, after notifying such person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. Allan C. S sq. Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3881 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACH, LLC., Plaintiff (s) From HENRY MALIS, 200 Pennsylvania Avenue, Camp Hill, PA 17011 (I ) You are directed to levy upon the property of the defendant (s)and to sell all contents of each cash register at business and personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,817.56 L.L. Interest Atty's Comm % Due Prothy $2.25 Atty Paid $249.71 Other Costs Plaintiff Paid Date: 2/15/12 David D. Buell, Prothonot (Seal) By: Deputy REQUESTING PARTY: Name ALLAN C. SMITH, ESQUIRE Address: LAW FIRM OF ALLAN C SMITH , ESQ, PC BRISTOL OFFICE CENTER 12.76 VETERANS HIGHWAY, SU ITE E-1 BRISTOL, PA 19007 Attorney for: PLAINTIFF Telephone: 888-275-6399 Supreme Court ID No. 2047561