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Home My WebLink About08-6524 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH. LLC. VS. NO: 0$ - t05aq a-tvil -rer-A LILY HERSCHER NOTICE TO DEFEND You have been sued in Court. If you wish to defendant 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, your 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 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 THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. 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. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH 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 #61511 CACH, LLC. ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER, CO 80237 ) Plaintiff, VS. LILY HERSCHER 691 EASY RD CARLISLE, PA 17015 No.: OF - G 5'2 y &. ,( T COMPLAINT To: LILY HERSCHER 691 EASY RD CARLISLE, PA 17015 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 judgment 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 PENNSYLVANIA LAWYER REFERAL SERVICE 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 provisiones 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 PENNSYLVANIA LAWYER REFERAL SERVICE 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 LILY HERSCHER, avers the following: 1. Plaintiff, CACH, LLC., is a Colorado limited liability company doing business at 4340 SOUTH MONACO STREET 2ND FLOOR, DENVER, CO 80237. 2. Defendant, LILY HERSCHER, is an individual residing at 691 EASY RD, CARLISLE, PA 17015. 3. Defendant, LILY HERSCHER, is indebted to BANK OF AMERICA, N.A. on an account stated by and between them in the amount of $4,138.60 which balance was due and unpaid as of September 26, 2005, for credit card account number 4313511999468952. <Exhibit A> 4. On or about April 2, 2007, BANK OF AMERICA, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC. <Exhibit B> 5. The Defendant, Lily Herscher, last tendered a payment on May 21, 2005. 6. A copy of the credit card agreement is attached hereto. <Exhibit C> 7. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A> 8. Plaintiff is entitled to pre-litigation charge-off interest of $1.1225 per day from the default date( 9.900% annual percentage rate x $4,138.60/ 365 days) or $1.1225 x 570 days= $639.84; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees $0.00, court costs $178.50 and reasonable attorneys fees of $827.72 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $5,784.66 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $5,784.66 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $5,784.66 together with other interest and costs of suit. Date: October 23, 2008 EXHIBIT A != U'S AIRWAYS y 33,5//ggg 16?9,?,2? V I V I D $ N D V1I L E S LILY S HERSCHER Account Number: 4356 OOZE 0705 3306 Your US Airways® Visa® Classic Card New Balance $2,476.85 Past Due Amount 410!4 A9 Total Credk Line $0.00 Available Credit -$0.00 Cash Limit $0.00 Available Cash $0.00 Ovsrlimit Amount $476.85 Bpang Date C 4-V 06 Minimum Payment Due $507.73 Payment Due Dale 0521 /06 z,-hour Customer nervure 1.800.441.0130 Pay onanel Visit For Lost or Sbolen Cards 1.800.846.6090 wwwJmnkofavwicn.com US Airways Dividend Miles Summary Miles Eared an Purchases Total Miles Earned This Cycle Transactions View repot traneactioce and gay yaw to online at www.bankohmsroccom. POST TRANS. REF. DATE DATE NO. DESCRIPTION AMOUNT CR.CREDrr Apr 03 Apr 03 Oe98370000=7011102047 Payment-Thank you CR tm oo Apr 20 Apr 2e PERIODIC FINANCE CHARGE sx is Account Summary Previous Bane mmwnnw? $2 525.97 Purchases + , $0 00 Cash Advances + . $0.00 Other Dellis + $0.00 Credits $0 00 FI NANCE CHARGE P t + . $2088 sYmen s N _ $70.00 $2,476.85 Past Dtrs Antomt $133.42 1111"OtAAeriu Bankof America AW aftwir cimer In acoordanoe with your Cardholder Agreement, yaw sooount wal remain In Pera ty Rate pricing, since we did not recelve your minimum payment on time. We look forward to returning your account to its regular interest rates upon recsi ft six oonssoutive months of on-time payments without going past due. 0007000 0050773 0247665 4356002507083309 BANK OF AMERICA PO BOX 1758 NEWARK N7 07101-1758 Illndrnhnllllnuull+ulllrnlrlrldu6JrldrJdurll PftTrwd Account Number 43M 0025 0706 3300 Payment Due Data 050 M5 Total Minimum Payrtrsnt Due $507.73 Now Bela_ :42'4 urlllurllluuuNulltlrlnrlrirliurllu4lrlunrllrlull recheck --y-d-payblo to Bulk o: c, Tprp : ea.kroaortk rcaoducHa? a s ?r•akwrNtne ana ine+ada..coourrt r only. LLY s HERWAMt AocoM Number: xxxx-xxxx-xxxxas g Bank of Awwka -40p' Pie 3 ?f 4 Finance Charge Summary Qtomer Corner APR Parodic Rate 801er1,oe (ADB) Periodic (P) Charge Pumhaees 9.900% 0.02713% D $2,481.90 $20,88 P Cash 9.90096 0.02713% D $0.00 $0.00 P ANNUAL PERCENTAGE RATE 9.900% v-variable Your account is over W days peat due and closed to future use. This past due rating is being reported to the or*& txresus. To avoid further action, remit the -Min Payment Due" Immediately. Call our Colkdions Depsrtmed at 1.800.633,551 a. ¦? U•S AIRWAYS D I V I D E N D MILES LILY S HERSCHER Account Number: 4356 0025 0708 3309 Your US Airways® Visa® Classic Card New Balance S2.570.11L Pan! Dui Anv l," !s an Total Credit Une $D.00 Available Croat $0.00 Cash Limit $0.00 Av&W* Cash $0.00 Overlimft Amount $541.94 BMNnD Dale 05126/05 Minimum Payment Due $627.50 Payment Due Date 06 M05 QadofAmorica''10- In accordance wth Your Cardholder AWeemerd, Your account *1 remain in Penalty Rate Pdoinq for Doing Overtlmt. We look forward to retu WI1p YM account to ft Standard Contract Rates upon recei ft six consewive months of on-time Payments without Ono ovadknt. ?trwur euaujrnw aervice 1.600.441.0130 Pay ""I Visit For Lost or Stolen Cards 1.800.646.6090 wwwbankoranwlca.com US Airways Dividend Miles Summary Mdse EamW on Purchases Total Miles tamed This Cycle 0 0 Transactions Vlwv r*W* transactions and pay yaw bill QmMe at www.benkdkm *dce axn PO DATE ST. TRANS. REF. DESCRIPTION DATE NO. AMOUNT CR•CREDIT May21 May21 Waoruoudm7bo0euml PayrrwM- Thank you r O"- Account Summa r.wr.p w ladpw Purchases + $2,476.05 $0.00 Cash Advances + $0.00 OCwr Dablis + $114.00 Crofts $0.00 FINANCE CHARGE + $4509 Balance ala _ $75.00 $2,570.94 Past Due Amount ¦ $89.30 dankofAmerica 4w 0006500 0062750 0257094 4356002507083309 BANK OF AMERICA PO BOX 1758 NEWARK N3 07101-1758 Illorlrnluillllrunrllrulllurlrlrlrlnlrrlrlrlulrlmll Account Number 3356 0015 Ohl$ 33pp pwpw t Due Dan ONZO/O6 Total Mininen Payment Due $827.50 Na"r-- asZ4:$? This is an obobam Mproducftn Olyorr afManrani and kwArdw aeoeunf inbmwYon only I ULY S HERSCHER Finance Charge Summary Account Number, XXXX.XXXX.XX) -M Correspondlno Daly (D) / M Onthy (Ml Awrpa Daily Kaw" m tM1) APR Pal ID Rate B@Wm (App) Pariodic (P) Charge Purchases 21.990% O.Ot1026%v 0 $2,494.26 $45.09 P Cash 21.990% O.OB025%v 0 $0.00 _ $0.00 P ANNUAL PERCENTAGE RATE 21.990% V--variable dankotAn 0fiCa -40Pop 3.r4 Customer ?grner Your account Is over 60 days past due and dosed to future use. This peel due rating is being mWW to the credit bureaus. To avoid further action, remit the "Min Payment Duo" immediately. Call our Collections Department at 11)00.633.5516. I U•S AIRWAYS am= DIVIDEND MI LE S LILY S HERSCHER Account Number: 4356 0025 0705 3309 Your US Airways® Visa® Classic Card New Balance :2.663.55 Past Due Ammmt lost sY Total Credit Line $0.00 Avd" Credit $0.00 Cash Limit $0.00 Available Cash $0.00 Ovedimk Amount $054.55 Billing Date oerAw Minimum Payment Due $742.59 Payment Due Dots 07x21105 24-Hour Customer Servios 1.800.441.0130 Pay onkol vkR For Lost or Stolen Cards 1.800.848.8090 www,bartkofarnsrioa.com US Airways Dividend Miles Summarv Miles Earned on Purchases 0 Total Mlles Earned This Cycle 0 Transactions View recant transedlons end my your bill online at www.bardohmerice.corn FOOT. TRANS. REF. DATE DATE NO. DESCRIPTION AMOUNT CR=CREDr' Jun 20 Jun 20 LATE PAYMENT FEE -$X w Jwi 26 Jun 28 OVERLMM FEE ASSESSED FOR JUN z, 2o06 $a.00 Jun 20 Jun 28 PERIODIC FINANCE CHARGE 01 Account Summary Previous Balance $2,57094 Purchases + $O.OD Cash Advances + $0.00 Other Dobbs + $84 00 Credb . $0 00 FINANCE CHARGE + p . $48.81 wpwft Now Balance = $0.00 $2,083.55 Past Due An oust ° $166.p lsnkof Amalea -401? Iankof Anwica.0? In accordance with your Cardholder Agrsernent, your aoomM will remain In Penally Rats Pricing for going Owrftk. We look forward to returning your 000N M to Is Standard Contact Rates upon receiving sk consecutive months of on-bms payments without going o erNmit_ 0006500 0074259 0268355 4356002507083309 r PWUMA BANK OF AMERICA Account Number 4336 0025 0708 3309 PO BOX 1758 Payment Due Dote 07/21/05 NEWARK NJ 07101-1758 IlLrrlml?ei116uu?Ilurlllurldrlrlrrlulrlrielriudl Tatrl Mk>imum Payrnerrt Due $74259 New Balance: ULYS HERSCHER Account Number: XXXX-XXXX J=-M dakofAmerica IS? I Poe 3 44 Finance Charge Summary CMOMC corner r APR Perwic RYES Bohm" (ADd) pw;"c (P) ChYr9Y purchases 21.890% 0.08025%v 0 $2,602.23 $18.61 P Cash 21.980% 0.00=%v 0 $0.00 $0.00 P ANNUAL PERCENTAGE RATE 21.990% Y-variable Your socount is am 90 days pat due and cload to future use. This post due rating is being reported to the credit burenn. To avoid further action, reml the "Min Payenrk Due" Immsdtstdy. Cal our Coledione Department at 1.800.633.5518. U-S AIRWAYS DIVIDEND MILES ULY S HERSCHER Account Number: 4356 0026 0708 3309 Your US Airways® Visa® Classic Card Now Balance 12-7,aR Ai oaa+ flu- A- Total Credit Line $0.00 Available Credit $0.00 Cash Limit $0.00 Available Cash $0.00 Overlimk Amount $767.81 Biting Date 07/28106 Minimum Psyment Due X8.14 Payment Due Date Oe/2Q+105 24-Hour customer service 1.800.441.0130 Pay ortrnl Visit For last or Stotan Cards 1.800.848.8080 wwwbanlolumarkamn US Airways Dividend Miles Summary umber 37N2L04 k44n Earned on Purchases 0 Total Miles Earned This Cycle 0 Transactions view reoart transactions and pay your bill online at www,bokobmwica.com. POST. GATE TRAN6. REF. DATE N0 . DESCRIPTION AMOUNT MOUNT CR¦ Ju121 Jul 21 LATE PAYMENT 0; Jul 20 Jul 28 OVERUMTr FFFE A6BESaED FOR -UL 20, 2006 $20.00 Jul 20 Jul 26 PERIODIC RNANCE CHARGE - $49.08 Sum Previous Balance - P $2,683.56 urchases + Cash Advances + $0.00 00 $0 Other Debits + . $54 00 Credits . $0.00 FINANCE CHARGE + $4806 Payments - $0.00 New valance = $2,796.61 Past Due Amount ¦ $214.90 BankefAniefte 10? BankofAn alea -41po- In ac cordanoe %wh your Cardhoift Agrawnent, your sooounl wIti remain in Penally Rale pricing for gang OwrNmk. We look krward to returning your account to Its Standard Contract Rats upon rec" six =100CUtive months of on-time Payments without going ovsrlimit. 0006500 00$5814 0279661 4356002507083309 mart u BANK OF AMERICA Account Number 4X6 0025 07ft 3309 Po Box 1758 i ronant Due Date ?? NEWARK N NJ 07101-1758 116oindorNll+rnuliwdlLtdr6LLr1r?6Llalrlrrril Total Mktrtxan Pwftn R Due $966.14 New Ba1?a?nce- 92.708.d1 I LILY S HERSCHER Account Number: XXXX XXXX-XXXX-3309 Finance Charge Sur w mY Y (L)1 h t? A age Oaiy IMi kmwn 1 91 APR Periodic ReN Belenoe (ADS) Periodic (P) Charge Purchases 21.900% 0.08025%v D $2,714.13 y4p.06 p Cash 21.990% 0.08025%v D $0.00 $0.00 P ANNUAL PERCENTAGE RATE 21.990% v=Varlable Bank ofAmerka -4p. Pee 3 e14 Cultonler Corner Your accent is over 9D drys past due Kid closed to future use. This past due rating is bWV reported to the aWk bureaus. To avoid further action, remN the "Min Payrnsnt Duw inanedmmy. Call our Collections Department al 1.8WAM.551B. 8;= U•S AIRWAYS + =DIVIDEND MI L E S LILY S HERSCHER Account Number. 4356 0026 0708 3309 Your US Airwayst9 Visa® Classic Card New Balance $2,913.47 Past Due Amount 6276 ALI Total Credit Line $0.00 Available Credit $0.00 Cash Limit $0.00 Available Cash $0,00 Ovwftk Amount $884.47 Billing Date 08/ 06 Minimum Payment Due $977.57 Payment Due Date 09/20/05 .c,%-rm w-uerorrwr,5wvWe 1.800.441.0130 Pay onikwf vlak for Lost or Staten Cards 1.800.848.8090 wwwJwnkotanmrica corn US Airways Dividend Miles Summary Miles Earned on Purchases Total Miss Earned This Cyole Transactions vow recant trannowne and par ym be ovine at wwvw.berAwl a wice.com POEM DATE TRANS. REF. DATE NO. DESCRPnoN AMOUNT CR-CREDR7 Aug 2D Aug 20 LATE PAYMENT FEE $X.00 Aug 20 Aug 2e OVER LIMR FEE ASSESSED FOR AUG 2Q 2005 C-M M Aug 26 Aug 26 PERIODIC FINANCE CHARGE >i62.e0 Previ" Balance Purchases Cash Advances Other DoM FINANCE CHARGE M New Balance Past Due Amount fankef Amwlca -4pp?- r 5000 + $000 + $8400 $0.00 + $5288 $0.00 = $2,913.47 $27sa3 dankofAnwics -illo? Customer Comer In accordance With your Ceathokl r Agreement, your a«wunt vA remain In Penalty Rate Pricing for Oft OverimN. We look forward to returning your mount to Its Standard Contract Ron upon No" sic cosec" months of on-time payments without going overimi. 0006500 0047757 0291347 4356002507083309 BANK OF AMERICA PO BOX 1758 NEWARK NJ 07101-1758 llle?ln+lnrllll><nwiiu+llltn{,166inlnhlrhrlrlm{1 M AccountNumber 4356 0025 070!) 3309 Payrtnsnt Dee Date 09/2010!5 Tai Minimum Payment Due 5977.57 flew- IAIMM $2913.47 I LILY S HERSCHER AcoouM Number: XXXX-XXXX-XXXX-3309 Finance Charge Summary PPK Psro Rae 6elanoe WA) Parlodlo (P) Ctnrge Purchases 21.990% 0.08045%v D $2,829.95 $52.86 P Cash 21.990% 0.08025%v D $0.00 $0.00 P ANNUAL PERCENTAGE RATE 21."0% v=VarkWA dankofAmorka A' Page 3 Of 3 Cu t9mer Corded Your acoount remains seriously Mir"nt. It VMN be charged off as a bad debt and referred for special handling unless you mail $776,43 or call 1.800.688.7011 to make Immediate arrangements. EXHIBIT B CERTIFICATE OF PURCHASE I, KARA EG IZI 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: LILY HERSCHER Original Creditor: BANK OF AMERICA, N.A. Account Number: 4313511999468952 3. On or about April 2. 2007 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: G LS 08 Sworn 2008. Notary Public to before me this By. day of STEPHANIE MORRIS NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/22/2011 PA 12.01.07 EXHIBIT C l f i l 3F ?.f • t I ?i I lift ILI fill) P1 fill ??u• 011V • , # ? ? Ott ?? _ ? ?? ? ?? ??? ?? ? ? . , ?.? t s r# : : Is •? ? ?s . r fair :r 31U .2 s f, t•; ? ?? ?? ? i ? . ? ? ? • qtr. ??? . ?' t# •? Fit . 's f Rai ? 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' • •?`. ?j .-a • + is ?i??f' t .t • ? ..? '• • , .?}::•:.,?•y:•.f. : i „'' ? `+? 1 ?• ' 1:1?"?' i Bar* of Amn W" • • ,, \i? AQrAWMW Aw"Maumomm Tio MIAr NAM wo to "W %a %bwQK .. . OMIT ?IMIIM?1Mr ar /'MMiMS *6 oft? . ?tOM1ltArilM ?gOW • M AID M ?1M1 -b OW A' dWAlW . .. _ Y+OUR'?0001'lll[ • t111 ?MYI??AIM?,1wR /err A/MI? a00MIM? i MM?aMIt N ?MbOwNtAMMMr?w Wpm a _ r aMl? !r AMM «~ M rNk". , OW A/111?Mntt1 • N!rMi P? AIAr MI • .. rMaMat?ait,•: • ?*? a+?Mnet Cr.Mr? baMO m a • ??+?I11iteMarrtrMttl tlrrMewn•: pow* ! . • t. ' ?OOQ•M7?f ' ' iMdvaMM?iie?Nawe?Y?w7Maa?NlMrw+?? pb"iw'iei.l wwr soft rwMrwMW°'is' Ifto JMnM MIMaMM.NMMitb = • r ??ai??!tM?MgIM ?RfMMIMitMtRAlilttlill • •. 11?t1wNMMM?eiylgtra?ratefolot?t •• , MMt ftar • „tom .•,?.? •, • DC•6o?tPNs•rY ?ars?tw?Mr. ? :5. • •+ n•u O till dtnk of IltttM?tN ? r. tit VERIFICATION I, KARA EGO 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 LILY HERSCHER owes the balance of 413 .6 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: ?. Auth iaed Representative Dated: ?t Ids log PA 12.01.07 C? Z7 -0 1 -:e{"7 N Posta I Service,,., RTIFIED MAIL,. RECEIPT O Abil + Coverage Provided) M Ir r11 ostage $ Z ?. irff ea Fee r ?'1 C V Postmark_ C3 Return Receipt Fee ' I IBrO C3 (Endorsement Required) ? riestncted Delivery Fee (Endorsement Required) G M total Postage & Fees l t Z rl Sent To ,???` f CC) • - s_. - O Street, ApI. o - ?""""" or PO Box No. -/11 City, State, ZIP+4 -° °^ -700 PS Foi ni 3800. August 2006 Sc? R?ve-e to, Ins Q' nJ O till itt r' 1, p i i i ctt 1013M E 011 4er,3 eut';i.tnu V O 1 ? , ; C7e,P ary rt O i I sent ;t.qui e<) .._.. ...-.,. _.. .,_,.... _ O M A ; F•ttar„i: FS Fees .,i. _ ....._..._ co 1 tit ( ?'Ll `i %? nee I A t Na .... .............................. O No. A,- .. C .?- _..... } 7O 6. ,, -ism 1: PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSY VANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ?a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on (date of serviceW4w. 3 20 OF*, ? by personal service R-5y (certified) (rai d) mail, sender's receipt attached hereto, and upon the appellee, (name) ' on It-10.A 10 A 20 ? by personal service (certified) (r red mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affient Signature of official before whom affidavit was made Title of official My commission expires on 20 C.) c C7 Y ? C= `0 Z? Z s? r-,, -A M -n _Xj NOTq?,y, SEAL {- „? j ? UR1, NOTARY CA"LE CUM BE tC Z o m` M1' COMMISSION SPRES E CRY 4, 2010 ut 4 r + CACH, LLC. Plaintiff V. LILY HERSCHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 6524 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the defendant, LILY HERSCHER, in the above captioned case. Respectfully submitted, By: IRWIN & Marcus . M t'11 60 West Zmfret Street Carlisle, esylv 13 (717) 249-2 Attorney for defendant Date: November 12, 2008 CACH, LLC. Plaintiff V. LILY HERSCHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 6524 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Harrison Ross Byck, Esq., P.C. 229 Plaza Boulevard Suite 112 Morrisville, PA 19067 IRWIN & McKNIGHT Date: November 12, 2008 By: Marcu4 A. ight, I -s 60 West P mfret Street Carlisle, PA 013 (717) 249-2353 Supreme Court I.D. No. 25476 2 NJ W SHERIFF'S RETURN - REGULAR CASE NO: 2008-06524 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACH LLC VS HARSCHER LILY MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HERSCHER LILY the DEFENDANT , at 1250:00 HOURS, on the 12th day of November , 2008 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQAURE CARLISLE, PA 17013 T - 17 TTTTI ("+/ T=T 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 18.00 Service 10.00 Affidavit .00 Surcharge 10.00 00 38.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/13/2008 HARRISON ROSS BYCK By Deputy Sheriff of A. D. I of r' R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing 18.00 Poundage 20.28 Advertising Law Library Prothonotary 2.00 Mileage 14.00 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee Bad Check Charge Postage 1.84„ ? O'K Q TOTAL $ 96.12 ? / Pd by Defendant So Answers; R.?omasi St :E d L- AON 8001 dd •? ??? J 31d3HS 3HI -j , ?O-D C.o - c?C 70/ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6574 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MICHAELS, LOUIS & ASSOCIATES, Plaintiff (s) From ROBERT D. SMITH, SR., 940S. 29"' Street, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell any 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 $1,013.81 Interest L.L. Atty's Comm % Atty Paid $51.25 Plaintiff Paid Date: 11/06/08 (Seal) REQUESTING PARTY: Name LOUIS M. CICCONE Address: MICHAELS, LOUIS & ASSOCIATES PO BOX 1062 MOON TOWNSHIP, PA 15108 Attorney for: PLAINTIFF Telephone: 412-604-5395 Due Prothy $2.00 Other Costs Deputy Supreme Court ID No. r DISTRIBUTION ATTY FOR PLTFF: Louis Ciccone WRIT NO. 2008-6574 Civil Michaels Louis & Associates -vs- Robert D. Smith, Sr. Real Debt $ 1013.81 Interest Attorney's Comm. Writ Costs, Atty 51.25 Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 1065.06 Sheriff s Costs: Docketing $ 18.00 Poundage 20.28 Posting Sale Bills Law Library Prothonotary 2.00 Service 14.00 Postage 1.84 Advertising Postpone Sale Bad Check Charge Surcharge 20.00 Garnishee Levy 20.00 TOTAL $ 96.12 Defendant Paid to Sheriff $ 1161.18 Advance Costs 150.00 Total Collected $ 1311.18 DISTRIBUTION Pd. To Pltff. $ 1065.06 Refund of Adv. Costs 150.00 Pd. To Prothonotary 2.00 ers: R. Thomas Kline, Sheriff B yDj CACH, LLC. : IN THE CO Plaintiff : CUMBERL, V. NO. 20 LILY HERSCHER, , Defendant CIVIL TO: CACH, LLC and its attorney, Harrison Ross T OF COMMON PLEAS OF D COUNTY, PENNSYLVANIA - 6524 CIVIL TERM ON - LAW Esq.. YOU ARE HEREBY NOTIFIED that you mu t responsively plead to the within Answer to Plaintiff's Complaint with New Matter, pursuant to Pa. R.C.P. 2252(d) within twenty (20) days after service, or a default judgment may be entered against you. IRWIN & WKNIGHT By: Marc A. Mc ght, III, Esquire 60 W st Pomfr 71vania reet Carli e, Penns 17013-3222 (717) 249-2353 Supreme Court D. No. 25476 Attorney for De endant Lily He cher Date: December 16, 2008 CACH, LLC. Plaintiff V. LILY HERSCHER, Defendant : IN THE CO RT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.20 8 - 6524 CIVIL TERM CIVIL ACTION - LAW AND NOW comes the Defendant, LILY HERSC ER, by and through her attorneys, Irwin & McKnight, and makes the following Answer to Complaint with New Matter filed by the Plaintiff as follows: 1. The Averments of Fact contained in Paragraphs One 1) of the Complaint are admitted. 2. The Averments of Fact contained in Paragraphs Two k2) of the Complaint are admitted. 3. The Averments of Fact contained in Paragraphs Three (3) of the Complaint are specifically denied. On the contrary, the interest and charges are excessive and the Defendant did not agree to their payment. 4. The Averments of Fact contained in Paragraphs F They are beyond the knowledge of the Defendant. Therefi Defendant.. (4) of the Complaint are denied. proof thereof is demanded by the 2 5. The Averments of Fact contained in Paragraphs Five denied. On the contrary, the Defendant does not know Therefore, proof thereof is demanded by the Defendant. 6. (5) of the Complaint are specifically when the last payment was made. The Averments of Fact contained in Paragraphs Six (6) of the Complaint are specifically denied. On the contrary, the Defendant never agreed to the erms set forth in paragraph six (6) of the Complaint. 7. The Averments of Fact contained in Paragraphs Sew specifically denied. On the contrary, the Defendant should t in the amount claimed by the Plaintiff. 8. The Averments of Fact contained in specifically denied. On the contrary, The Defendant never Plaintiff. 9. The Averments of Fact contained in Paragraphs Ni denied. On the contrary, The Defendant does not owe the WHEREFORE, the Defendant, Lily Herscher, i Court to dismiss the Plaintiff's Complaint and award the De fees, and such other and further relief as this Court deems ju n (7) of the Complaint are entitled to a substantial reduction Eight (8) of the Complaint are igreed to the terms suggested by the 9) of the Complaint are specifically >unt stated by the Plaintiff. illy requests this Honorable reasonable costs and attorney 3 NEW MATTER AND NOW, this 16`h day of December 2008, come attorneys, Irwin and McKnight, and makes the following N 10. the Defendant, Lily Herscher, by her Matter: The Averments of Fact contained in paragraph O e (1) Nine (9) of the Answer are incorporated herein by reference and made a part of this Ne Matter. 11. The interest and costs sought by the Plaintiff violate Federal and Commonwealth laws. 12. The amount sought by the Plaintiff is barred by the WHEREFORE, the Defendant, Lily Herscher, Court to dismiss the Plaintiff's Complaint and award the E fees, and such other and further relief as this Court deems j Respectfully su IRWIN & N I By: statutes of limitation. ally requests this Honorable reasonable costs and attorney G Marcu? A. Mc ight, III, Esquire Supreme Court D. # 476 60 West Pomfr eet Carlisle, PA 17 13 (717) 249-2353 Attorney for the Defendant Lily Her cher Date: December 16, 2008 4 VERIFICATION The foregoing document is based upon information and myself in the preparation of this action. I have read and they are true and correct to the best of my knowledge, that false statements herein made are subject to the relating to unsworn falsification to authorities. LILY Date: December 16, 2008 has been gathered by counsel statements made in this document and belief. I understand of 18 Pa. C.S.A. Section 4904, 5 CACH, LLC. : IN THE CO Plaintiff : CUMBERL. V. NO. 2( LILY HERSCHER, Defendant CIVIL I, Marcus A. McKnight, III, Esquire, hereby certify tt served upon the following by depositing a true and correct cc mail, First Class, postage prepaid in Carlisle, Pennsylvania, c addressed as follows: Harrison Ross Byck, Esq., P.C. 229 Plaza Boulevard Suite 112 Morrisville, PA 19067 IRWIN & McKNIGH By: Marcus . Mc i 60 West omfret S Carlisle, PA 1701 (717) 249-2353 Supreme Court I.D Date: December 16, 2008 T OF COMMON PLEAS OF D COUNTY, PENNSYLVANIA - 6524 CIVIL TERM - LAW at a copy of attached document was py of the same in the United States n the date referenced below and ,, Esquire !5476 6 "? `- ? ? _? 11 ? ? ?( ?< -. t y k .? ? ". ..... 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 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, F! -!" T! } QV COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. LILY HERSCHER 691 EASY ROAD CARLISLE, PA 17015 No. 2008 - 06524 Defendant MOTION FOR JUDGMENT ON THE PLEADINGS CACH, LLC, Plaintiff in the above-captioned case hereby moves the Court for Judgment on the Pleadings based upon deemed admissions of Defendant, and in support of such motion would show the Court as follows: 1. On or about February 2, 2010, Plaintiff served on Defendant a set of requests for admissions, interrogatories, and requests for production of documents. Exhibit A. Answers to requests for admissions, interrogatories and requests for production were due on or before March 2, 2010. 2. Defendant wholly failed to make timely responses or objections to Plaintiffs discovery. As of the date of this motion, Defendant has answered none of Plaintiff's requests for admissions, interrogatories and has produced none of the requested documents. 3. On or about March 15, 2010, Plaintiff s attorney made another request for full and complete answers, attached as Exhibit B, to all of Plaintiffs discovery. Defendant failed to respond to such request or contacted Plaintiff to explain why she hadn't responded or to ask for an extension. 4. Subsequently, on or about April 15, 2010, Plaintiffs attorney made a written request for full and complete answers, attached as Exhibit C, to all of Plaintiffs discovery. Defendant failed to respond to such request or contacted Plaintiff to explain why she hadn't responded or to ask for an extension. 5. As of this date, Defendant has not responded to any of Plaintiff's discovery. 6. Defendant has not objected to or sought a protective order pursuant to Pa.R.C.P. 4012 concerning Plaintiff s discovery. 7. Plaintiff is not in default of any discovery obligations. 8. Plaintiff asserts (and by signing below Plaintiffs attorney certifies) that Plaintiff has attempted to resolve this discovery dispute without the necessity of court intervention. Defendant refuses to respond to Plaintiffs discovery. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court enter a Judgment on the Pleadings on behalf of the Plaintiff, together with all such other and further relief, at law or in equity, as to which Plaintiff may be justly entitled. Respectfully submitted, Allan C. Smith, Esq. Harrison Ross Byck, Esq., P.C. Attorney I.D. 204756 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff Date: June 7, 2010 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 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. LILY HERSCHER 691 EASY ROAD CARLISLE, PA 17015 Defendant No. 2008 - 06524 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS CACH, LLC, Plaintiff in the above-captioned case hereby moves the Court for Judgment on the Pleadings based upon deemed admissions of Defendant, and in support of such motion would show the Court as follows: I. HISTORY OF THE CASE On or about February 2, 2010, Plaintiff served on Defendant a set of requests for admissions, interrogatories, and requests for production of documents. Exhibit A. Answers to requests for admissions, interrogatories and requests for production were due on or before March 2, 2010. Defendant wholly failed to make timely responses or objections to Plaintiffs discovery. As of the date of this motion, Defendant has answered none of Plaintiff s requests for admissions, interrogatories and has produced none of the requested documents. On or about March 15, 2010, Plaintiffs attorney made another request for full and complete answers, attached as Exhibit B, to all of Plaintiffs discovery. Defendant failed to respond to that request or contacted Plaintiff to explain why she hadn't responded or to ask for an extension. Subsequently, on or about April 15, 2010, Plaintiffs attorney made a written request for full and complete answers, attached as Exhibit C, to all of Plaintiffs discovery. Defendant failed to respond to that request or contacted Plaintiff to explain why she hadn't responded or to ask for an extension. As of this date, Defendant has not responded to any of Plaintiff's discovery. Defendant has not objected to or sought a protective order pursuant to Pa.R.C.P. 4012 concerning Plaintiff's discovery. Plaintiff is not in default of any discovery obligations. Plaintiff asserts (and by signing below Plaintiffs attorney certifies) that Plaintiff has attempted to resolve this discovery dispute without the necessity of court intervention. Defendant refuses to respond to Plaintiffs discovery. II. QUESTION PRESENTED When a party fails to respond to discovery, may the Court enter an order for Judgment on the Pleadings? Suggested answer: Yes III. LEGAL ARGUMENT Pursuant to Rules 4005, 4006, 4009.1 and 4014 of the Rules of Civil Procedure, a party may request discovery from any party. Responses to same are due within thirty (30) days after service of same. Pursuant to Rule 4014(b) of the Rules of Civil Procedure, each matter of which an admission is requested is admitted unless, within thirty days after service of the request, which in this case would have been March 2, 2010, the party to whom the request is directed responds by verified answer or an objection. Defendant may have formally objected to the discovery or sought a protective order under Pa.R.C.P. 4012 but she did neither. Accordingly, all matters in Plaintiff's unanswered discovery and unobjected-to requests for admissions directed to Defendant should be deemed admitted. Pursuant to Rule 1034 of the Rules of Civil Procedure, Plaintiff is entitled to move for Judgment on the Pleadings after the relevant pleadings are closed, but within such time as to not delay the trial. In this case, there is now no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report. By virtue of the above discovery admissions, no issue of fact could be established by further discovery or expert report. If Defendant fails to respond to the instant motion, the Court may treat this motion as uncontested by C.C.R.P. 208.3(a). An Order for Judgment on the Pleadings is consistent with the inherent power of the Court to control the judicial process and to enforce the rules of court and discovery. Furthermore, such an order promotes efficiency and avoids unnecessary additional motions and hearings, in that it both compels parties to conform to the Pennsylvania Rules of Civil Procedure, the rules of court, and sets the consequences of any failure to comply. IV. CONCLUSION Plaintiff requests an order for Judgment on the Pleadings. Plaintiff requests said judgment in the amount of $5,784.66, which includes court costs, prayed for in the Complaint, sets the consequences of any failure to comply. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court enter a Judgment on the Pleadings on behalf of the Plaintiff, in the amount of $5,784.66, together with all such other and further relief, at law or in equity, as to which Plaintiff may be justly entitled. Respectfully submitted, -5v- Allan C. Smith, Esq. Harrison Ross Byck, Esq., P.C. Attorney I.D. 204756 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff Date: June 7, 2010 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 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. LILY HERSCHER 691 EASY ROAD CARLISLE, PA 17015 No. 2008 - 06524 Defendant VERIFICATION I, Allan C. Smith, Esq., of the Law Office of Harrison Ross Byck, Esq., P.C., attorneys for Plaintiff, CACH, LLC, do hereby state that I am familiar with the facts of this case and am authorized to file this Verification on their behalf. I further verify that the facts set forth in the foregoing Motion for Judgment on the Pleadings are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: June 7, 2010 By: Allan C. Smith, Esq. Attorney I.D. No. 204756 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 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, vs. LILY HERSCHER 691 EASY ROAD CARLISLE, PA 17015 Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2008 -06524 CERTIFICATE OF SERVICE I, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's Motion for Judgment on the Pleadings regarding the above-captioned matter upon defendant LILY HERSCHER by United States First Class Mail, on June 7, 2010 at his/her attorney's address of: MARCUS MCKNIGHT, ESQ. IRWIN AND MCKNIGHT LAW OFFICES 60 WEST POMFRET, SUITE 2 CARLISLE, PA 17013 Date: June 7, 2010 By: Allan C. Smith, Esq. Attorney I.D. No. 204756 EXHIBIT A The Law Office of Harrison Ross B ck Esq., r 29 Plaza Boulevard, Suite l I l Morrisville, PA 19067 Local: (215) 428-0666 Fax: (215) 428-0740 Harrison Ross Byck, Esq. Poll Free: (888) 275-6399 Member: PA and NJ State Bar Of Counsel: Allan C. Smith, Eiq. Member. PA and NY State Bar Leonard A. Sanauedolce, Esq. Member: PA State Bar February 2, 2010 MARCUS MCKNIGHT, ESQ. 60 WEST POMFRET, SUITE 2 CARLISLE, PA 17013 RE: CLAIM OF CACH, LLC, ASSIGNEE FOR COLLECTION OF: Your Client: Court Filed: County Filed: Docket No.: Our Account No.: Original Creditor: Original Account Number: LILY HERSCHER COURT OF COMMON PLEAS CUMBERLAND 2008 - 06524 CACH-14302226070400297 BANK OF AMERICA, N.A. 4313511016341570 Dear MARCUS MCKNIGHT, ESQ., Enclosed please find herein a copy of Plaintiff's First Set of Interrogatori es, Requests for Production of Documents and Things, and Requests for Admissions directed to Defendant LILY HERSCHER. If you have any questions or problems, please do not hesitate to call me at the above number. Sincerely, ` Allan C. Smith, Esq. cc: file Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399H (215) 428-0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 2008 - 06524 Vs. ) LILY HERSCHER ) Defendant(s). ) PLAINTIFF'S FIRST SET OF INTERROGATORIES Directed to: LILY HERSCHER, Defendant, by and through Defendant's attorney of record, MARCUS MCKNIGHT, ESQ., 60 WEST POMFRET, SUITE 2, CARLISLE, PA 17013. Pursuant to Rules 4005 and 4006 of the Pennsylvania Rules of Civil Procedure, you are to answer and respond to the attached Interrogatories separately, fully, and in writing. You should deliver a true copy of your answers and responses to the undersigned attorney by the deadlines stated below. Instructions Regarding InterrOL7atories Pursuant to Rule 4006 of the Pennsylvania Rules of Civil Procedure, you are to answer the attached interrogatories separately, fully, in writing, and under oath. You should deliver a true copy of your answers to the undersigned attorney within thirty days after the date of service of these interrogatories. To the extent that may be required by the applicable rules of procedure and evidence you are hereby notified that Plaintiff intends to use any and all answers to the attached interrogatories as evidence at trial or any other hearing in this case. Please note that if after you submit your responses to these interrogatories, you learn that any such response was either incomplete when made, or, although complete and correct when made, is no longer complete and correct, you must amend or supplement your response reasonably promptly after you discover the necessity for such an amendment or supplementation. Any amended or supplemental response made less than thirty days before trial will be presumed not to have been made reasonably promptly. A failure to make, amend, or supplement a response in a timely manner may result in your not being able to introduce into evidence the material or information not timely disclosed. Allan C. Smith, Esq. Attorney for Plaintiff State Bar No.: 204756 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 (888) 275-6399// (215) 428-0666 Dated: February 2, 2010 DEFINITIONS A. "Issuer" refers to BANK OF AMERICA, N.A. B. "Account" or "the Account" refers to Account Number 4313511016341570 with BANK OF AMERICA, N.A. [which was changed after the account was charged off to Account Number 43135119994689521. C. "Card" or "the Card" refers to the CREDIT card that was issued on the Account. D. "Defendant," "you," "your," or "yours" refers to LILY HERSCHER. E. "Plaintiff' refers to CACH, LLC and encompasses any person, employee, or other entity authorized to act on Plaintiff's behalf. F. "Identify", as used herein with regard to a person, shall mean to provide the following: (1) the person's full name; (2) any other names the person uses or has used in the past; (3) the person's residential address and telephone number; (4) the person's business address(es) and telephone number(s); (5) the person's employer and job title; (6) if the person is a former employee of Defendant, the person's last job title while so employed, and the date of termination; and (7) if the person is not an employee of Defendant but has some other connection with Defendant, for example, agent, independent contractor, officer, director, or customer, the person's connection with Defendant. G. "Identify", as used herein with regard to documents or tangible things, shall mean to describe such documents or tangible things by title, present location, usual location, custodian, and contents. H. The word "document" is used herein in its broadest sense to include any medium upon or with which information is recorded or preserved which belongs to, or is in or subject to the possession, custody or control of Defendant or Defendant's attorneys, agents, employees, trustees, representatives, professional accountants, and any attorneys with whom you may claim the right of joint defense privileges or special relationships, by whomever generated or received, including without limitation: writings; printings; drawings; graphs; charts; notes; typewriting; photographs; slides; motion pictures; videotapes or cassettes; phonograph records; tape or other mechanical recordings; ledgers; books; statements of accounts, journals; notices; letters; catalogs; canceled checks; bank statements; invoices; bills; diaries; purchase orders; memoranda of telephone communications; telegrams; telexes or "TWX's"; telecopies; drafts or preliminary versions of the foregoing; communications to or from any governmental or law enforcement subdivision, officer, or agency; and any other instrument, writing, recording, or data compilation of any nature whatsoever, including any carbon, photographic, microfilm or other type of copy of such items, whether or not such copy is different from the original by reason of any markings, additions, commentaries, revisions, deletions, or substitutions. 1. "Communication" shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/or recordings of telephone calls and reports of meetings. J. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. K. "Credit bureau" means any person who, for compensation, gathers, records, and disseminates information relative to the creditworthiness, financial responsibility, paying habits, and other similar information regarding any person, for the purpose of furnishing consumer reports to third parties. L. "Chargeoff date" means SEPTEMBER 26, 2005. M. "Possession, custody or control" when used in reference to documents or other tangible things includes, without limitation, documents or things in your personal possession, custody or control, documents or things in the possession, custody or control of your attorneys or any other agents of yours, and documents or things which you could obtain, or copies of which you could obtain by reasonable good faith effort. Possession, custody or control includes constructive possession such that the person need not have actual physical possession. As long as Defendant has a superior right to compel the production from a third party (including an agency, authority or representative), Defendant has possession, custody or control. INTERROGATORIES Interrogatory No. l: Identify all persons who participated in the preparation of the answers to these interrogatories. Interrogatory No. 2: If you contend or believe that venue of this action is not proper in the county in which this suit was filed state the factual basis of any such contention or belief. Interrogatory No. 3: If Defendant denies having received the Card identify any persons whom Defendant believes may have received the Card. Interrogatory No. 4: If Defendant denies having used the Card identify any persons whom Defendant believes may have used the Card and state whether each such person was authorized by Defendant to use the Card. Interrogatory No. 5: If Defendant denies having accepted each advance on the Card, identify each advance or charge on the Card that Defendant disputes. Interrogatory No. 6: If Defendant has refused to admit that, until at least the chargeoff date, Issuer sent to Defendant on a monthly basis a statement of charges and balance due on the Account, state the factual basis of any such refusal to admit. Interrogatory No. 7: State the balance that Defendant believes to have been due on the Account as of SEPTEMBER 26, 2005, and explain how such balance was calculated. Interrogatory No. 8: State the date and amount of each payment that Defendant has made on the Account since SEPTEMBER 26, 2005. Interrogatory No. 9: State the facts on which you base any refusal to admit Plaintiff is presently the owner of the Account. Interrogatory No. 10: State the facts on which you base any refusal to admit Defendant is indebted to Plaintiff for the amounts asserted in Plaintiff's Original Complaint in this case. Interrogatory No. 11: If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, identify such other persons or entities and state the facts on which that contention or belief is based. Interrogatory No. 12: State the facts on which you base any refusal to admit Defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of Defendant. Interrogatory No. 13: Identify all persons whom you intend to call as witnesses at trial, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before trial. Interrogatory No. 14: Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such person's anticipated testimony and the opinions of each such person concerning the subject matter of this litigation. Interrogatory No. 15: Identify all persons whose mental impressions or opinions have been reviewed by any person whom you may call as an expert witness at trial. Interrogatory No. 16: If you are disputing only a portion of the Account please identify which portions of the Account are disputed and which are not and state the reasons for any such disputes. Interrogatory No. 17: With regard to each charge comprising the Account which you contend or believe to be unreasonable, state the facts on which you base any refusal to admit each of the charges comprising the Account was reasonable. 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 - 06524 VS. } LILY HERSCHER ) Defendant(s). ) PLAINTIFF'S FIRST REQUESTS FOR ADMISSIONS Directed to: LILY HERSCHER, Defendant, by and through Defendant's attorney of record, MARCUS MCKNIGHT, ESQ., 60 WEST POMFRET, SUITE 2, CARLISLE, PA 17013. Pursuant to Rules 4014 of the Pennsylvania Rules of Civil Procedure, you are to answer and respond to the attached Requests for Admissions ("RFAs") separately, fully, and in writing. You should deliver a true copy of your answers and responses to the undersigned attorney by the deadlines stated below. Instructions Regarding Requests for Admissions Pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, you are requested to admit the truth of each of the matters stated below. You are to respond to each of the following requests in writing (and under oath) within forty-five days after service, by delivering or causing to be delivered to the undersigned attorney a statement admitting or denying specifically, in good faith, each matter of which an admission is requested, or stating in detail the reason(s) you cannot truthfully admit or deny the matter. Please note that if after you submit your responses to these requests for admissions, you learn that any such response was either incomplete when made, or, although complete and correct when made, is no longer complete and correct, you must amend or supplement your response reasonably promptly after you discover the necessity for such an amendment or supplementation. Plaintiff will object at trial or any hearing to your use or attempted use of any evidence that is inconsistent with matters that you have admitted or that you have failed to deny on a timely basis. Allan C. Smith, Esq. Attorney for Plaintiff State Bar No.: 204756 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 (888) 275-6399// (215) 428-0666 Dated: February 2, 2010 DEFINITIONS A. "Issuer" refers to BANK OF AMERICA, N.A. B. "Account" or "the Account" refers to Account Number 4313511016341570 with BANK OF AMERICA, N.A. [which was changed after the account was charged off to Account Number 43135119994689521. C. "Card" or "the Card" refers to the CREDIT card that was issued on the Account. D. "Defendant," "you," "your," or "yours" refers to LILY MERSCHER. E. "Plaintiff' refers to CACH, LLC and encompasses any person, employee, or other entity authorized to act on Plaintiff's behalf. F. "Identify", as used herein with regard to a person, shall mean to provide the following: (1) the person's full name; (2) any other names the person uses or has used in the past; (3) the person's residential address and telephone number; (4) the person's business address(es) and telephone number(s); (5) the person's employer and job title; (6) if the person is a former employee of Defendant, the person's last job title while so employed, and the date of termination; and (7) if the person is not an employee of Defendant but has some other connection with Defendant, for example, agent, independent contractor, officer, director, or customer, the person's connection with Defendant. G. "Identify", as used herein with regard to documents or tangible things, shall mean to describe such documents or tangible things by title, present location, usual location, custodian, and contents. H. The word "document" is used herein in its broadest sense to include any medium upon or with which information is recorded or preserved which belongs to, or is in or subject to the possession, custody or control of Defendant or Defendant's attorneys, agents, employees, trustees, representatives, professional accountants, and any attorneys with whom you may claim the right of joint defense privileges or special relationships, by whomever generated or received, including without limitation: writings; printings; drawings; graphs; charts; notes; typewriting; photographs; slides; motion pictures; videotapes or cassettes; phonograph records; tape or other mechanical recordings; ledgers; books; statements of accounts; journals; notices; letters; catalogs; canceled checks; bank statements; invoices; bills; diaries; purchase orders; memoranda of telephone communications; telegrams; telexes or "TWX's"; telecopies; drafts or preliminary versions of the foregoing; communications to or from any governmental or law enforcement subdivision, officer, or agency; and any other instrument, writing, recording, or data compilation of any nature whatsoever, including any carbon, photographic, microfilm or other type of copy of such items, whether or not such copy is different from the original by reason of any markings, additions, commentaries, revisions, deletions, or substitutions. 1. "Communication" shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/or recordings of telephone calls and reports of meetings. J. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. K. "Credit bureau" means any person who, for compensation, gathers, records, and disseminates information relative to the creditworthiness, financial responsibility, paying habits, and other similar information regarding any person, for the purpose of furnishing consumer reports to third parties. L. "Chargeoff date" means SEPTEMBER 26, 2005. M. "Possession, custody or control" when used in reference to documents or other tangible things includes, without limitation, documents or things in your personal possession, custody or control, documents or things in the possession, custody or control of your attorneys or any other agents of yours, and documents or things which you could obtain, or copies of which you could obtain by reasonable good faith effort. Possession, custody or control includes constructive possession such that the person need not have actual physical possession. As long as Defendant has a superior right to compel the production from a third party (including an agency, authority or representative), Defendant has possession, custody or control. REQUESTS FOR ADMISSIONS RFA No. 1: You are a resident of the county in which this suit was filed. RFA No. 2: You signed the original application for the Card in the county in which this suit was filed. RFA No. 3: You used the Card to make purchases or obtain extensions of credit in the county in which this suit was filed. RFA No. 4: Defendant applied to Issuer for issuance of the Card. RFA No. 5: The Card was issued to Defendant. RFA No. 6. Defendant received the Card. RFA No. 7. Defendant accepted the Card. RFA No. 8. Defendant signed the back of the Card. RFA No. 9. Defendant used the Card to make purchases. RFA No. 10. Defendant used the Card to obtain extensions of credit. RFA No. 11: Issuer made cash advances to Defendant, either as actual cash or in payment for purchases Defendant made from third parties by using the Card. RFA No. 12: Defendant accepted each such advance on the Account. RFA No. 13: By accepting each such advance under the terms of the agreement applicable to the Account Defendant became bound to pay the amounts of such advances, plus any additional charges provided for in such agreement. RFA No. 14: Until at least the chargeoff date, Issuer sent to Defendant on a monthly basis a statement of charges and balance due on the Account. RFA No. 15: Defendant did not, within sixty days of the date of any billing statement on the Account send to Issuer a written dispute of the billing statement. RFA No. 16: Defendant has failed to repay all of the advances made by Issuer on the Account. RFA No. 17: The balance due, owing, and unpaid on the Account, after allowing all just and lawful payments, credits and offsets, was $ 4,138.60 as of SEPTEMBER 26, 2005. RFA No. 18: Defendant has made no payments on the Account since MAY 21, 2005. RFA No. 19: At least forty-five days prior to the date on which you were served with the Original Complaint in this case you received a letter from Plaintiff's attorneys requesting payment of the Account. RFA No. 20: On APRIL 2, 2007, the Account was sold to Plaintiff. RFA No. 21: On APRIL 2, 2007, the Account was assigned to Plaintiff. RFA No. 22: Plaintiff is presently the owner of the Account. RFA No. 23: Defendant is indebted to Plaintiff for the amounts asserted in Plaintiff's Original Complaint in this case. RFA No. 24: Defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of Defendant. RFA No. 25: Each of the charges comprising the Account was reasonable. 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: 2008.06524 VS. ) LILY HERSCHER ) Defendant(s). ) PLAINTIFF'S FIRST REQUESTS FOR PRODUCTION Directed to: LILY HERSCHER, Defendant, by and through Defendant's attorney of record, MARCUS MCKNIGHT, ESQ., 60 WEST POMFRET, SUITE 2, CARLISLE, PA 17013. Pursuant to Rules 4009.1, 4009.11 and 4009.12 of the Pennsylvania Rules of Civil Procedure, you are to answer and respond to the attached Requests for Production ("RFPs") separately, fully, and in writing. You should deliver a true copy of your answers and responses to the undersigned attorney by the deadlines stated below. Instructions Reeardine Requests for Production As to each Request for Production set forth below, the requested items are to be produced and delivered to the undersigned attorney at the Law Office of Harrison Ross Byck, Esq., P.C., 229 Plaza Blvd., Suite 112, Morrisville, PA 19067, for inspecting, copying or photographing pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure. These requests apply to all described documents and tangible things over which Defendant has possession, custody, or control, and production is to be made within thirty days after the date of service of these requests. All original documents produced and identified as such shall be returned to Defendant within thirty days following receipt thereof. In connection with these requests you are instructed that the phrase "possession, custody or control" has the meaning set forth in the Definitions section below. Privileged Documents: If you withhold any documents based upon a claim of privilege you are to provide a log of such documents, listing them by date, title (or description if untitled), author, and the specific privilege asserted. Lost, Discarded or Destroyed Documents: If any document requested herein has been lost, discarded, or destroyed, please identify such document by providing the following information in your response: 1. Description of document. 2. Date of disposal or loss. 3. Manner of loss. 4. Reason for disposal or explanation of loss. 5. Person authorizing disposal. 6. Persons having knowledge of disposal or loss. 7. Person disposing of document. Authentication and Use at Hearings and Trial: You are hereby notified that all documents produced in response to this request will be used in any pretrial proceeding and at trial. Allan C. Smith, Esq. Attorney for Plaintiff State Bar No.: 204756 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 (888) 275-6399// (215) 428-0666 Dated: February 2, 2010 A. "Issuer" refers to BANK OF AMERICA, N.A. B. "Account" or "the Account" refers to Account Number 4313511016341570 with BANK OF AMERICA, N.A. [which was changed after the account was charged off to Account Number 43135119994689521. C. "Card" or "the Card" refers to the CREDIT card that was issued on the Account. D. "Defendant," "you," "your," or "yours" refers to LILY HERSCHER. E. "Plaintiff' refers to CACH, LLC and encompasses any person, employee, or other entity authorized to act on Plaintiff s behalf. F. "Identify", as used herein with regard to a person, shall mean to provide the following: (1) the person's full name; (2) any other names the person uses or has used in the past; (3) the person's residential address and telephone number; (4) the person's business address(es) and telephone number(s); (5) the person's employer and job title; (b) if the person is a former employee of Defendant, the person's last job title while so employed, and the date of termination; and (7) if the person is not an employee of Defendant but has some other connection with Defendant, for example, agent, independent contractor, officer, director, or customer, the person's connection with Defendant. G. "Identify", as used herein with regard to documents or tangible things, shall mean to describe such documents or tangible things by title, present location, usual location, custodian, and contents. H. The word "document" is used herein in its broadest sense to include any medium upon or with which information is recorded or preserved which belongs to, or is in or subject to the possession, custody or control of Defendant or Defendant's attorneys, agents, employees, trustees, representatives, professional accountants, and any attorneys with whom you may claim the right of joint defense privileges or special relationships, by whomever generated or received, including without limitation: writings; printings; drawings; graphs; charts; notes; typewriting; photographs; slides; motion pictures; videotapes or cassettes; phonograph records; tape or other mechanical recordings; ledgers; books; statements of accounts; journals; notices; letters; catalogs; canceled checks; bank statements; invoices; bills; diaries; purchase orders, memoranda of telephone communications; telegrams; telexes or "TWX's"; telecopies; drafts or preliminary versions of the foregoing; communications to or from any governmental or law enforcement subdivision, officer, or agency; and any other instrument, writing, recording, or data compilation of any nature whatsoever, including any carbon, photographic, microfilm or other type of copy of such items, whether or not such copy is different from the original by reason of any markings, additions, commentaries, revisions, deletions, or substitutions. 1. "Communication" shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/or recordings of telephone calls and reports of meetings. J. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. K. "Credit bureau" means any person who, for compensation, gathers, records, and disseminates information relative to the creditworthiness, financial responsibility, paying habits, and other similar information regarding any person, for the purpose of furnishing consumer reports to third parties. L• "Chargeoff date" means SEPTEMBER 26, 2005. M. "Possession, custody or control" when used in reference to documents or other tangible things includes, without limitation, documents or things in your personal possession, custody or control, documents or things in the possession, custody or control of your attorneys or any other agents of yours, and documents or things which you could obtain, or copies of which you could obtain by reasonable good faith effort. Possession, custody or control includes constructive possession such that the person need not have actual physical possession. As long as Defendant has a superior right to compel the production from a third party (including an agency, authority or representative), Defendant has possession, custody or control. RFP No. 1: If Defendant denies having received the Card please produce all correspondence between Issuer and Defendant. RFP No. 2: If Defendant denies having received the Card please produce Defendant's checking account records for the period from NOVEMBER 9, 2000, through SEPTEMBER 26, 2005. RFP No. 3: Please produce all billing statements from Issuer to Defendant. RFP No. 4: Please produce true copies all correspondence from Defendant to Issuer disputing any billing statement on the Account, together with proof of sending and receipt such correspondence. of RFP No. 5: If Defendant refuses to admit that Defendant has failed to repay all of the advances made by Issuer on the Account, produce true copies of all payments made on the Account. RFP No. 6: If Defendant refuses to admit that Defendant has made no payments on the Account since MAY 21, 2005, produce true copies of all documents on which you base your refusal to admit. RFP No. 7: If Defendant refuses to admit that Defendant is indebted to Plaintiff for the amounts asserted in Plaintiffs Original Complaint in this case, produce true copies of all documents on which you base your refusal to admit. RFP No. 8: If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, please produce the documents on which any such contention or belief is based. RFP No. 9: If you have refused to admit that Defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of Defendant, produce true copies of all documents on which you base any assertion of a setoff. RFP No. 10: With regard to each expert identified in response to Interrogatory No. 13 please produce: a. the expert's resume or curriculum vitae; b. all non-privileged notes pertaining to the expert's opinions in this action; C. any reports prepared by such expert; d. all documents and materials reviewed or relied upon by such expert in preparing the report; and e. all correspondence between you or your attorneys and each such expert. RFP No. 11: With regard to each person identified in response to Interrogatory No. 14 please produce: a. the person's resume or curriculum vitae; b. all notes of such person that were reviewed by any expert identified in response to Interrogatory No. 13; C. any reports prepared by such person that were reviewed by any expert identified in response to Interrogatory No. 13; d. all documents and materials reviewed or relied upon by such person in preparing any such report; and e. all correspondence between you or your attorneys and each such expert. RFP No. 12: Please produce all correspondence between Plaintiff (or any of its attorneys) and Defendant (or any of Defendant's attorneys). RFP No. 13: Please produce all correspondence between Issuer and Defendant. RFP No. 14: Please produce all statements of Plaintiff or any of its attorneys. RFP No. 15: Please produce all witness statements pertaining to this litigation. RFP No. 16: If you have refused to admit that each of the charges comprising the Account was reasonable, produce true copies of all documents on which you base any assertion of a setoff. 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 - 06524 vs. ) LILY HERSCHER ) Defendant(s). ) CERTIFICATE OF SERVICE I, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's First Set of Interrogatories, Request for Production of Documents and Things, and Requests for Admissions to Defendant regarding the above-captioned matter upon defendant(s) LILY HERSCHER, by United States mail, postage prepaid, on February 2, 2010, at his/her attorney's address of: MARCUS MCKNIGHT, ESQ. 60 WEST POMFRET, SUITE 2 CARLISLE, PA 17013 Date: February 2, 2010 By: ___5?4? Allan C. Smith, Esq. Attorney I.D. No. 204756 EXHIBIT B The Law Office of Harrison Ross Byck, Esq., P.C. I In Pl' aza Boulevard, Suite 1 12 Morrisville, PA 19067 Local: (215) 428-0666 Fax: (215) 428-0740 Toll Free: (888) 275-6399 Harrison Ross Byck, Esq. Member: PA and NJ State Bar Of Counsel Allan C. Smith, Esq. Member. PA and NY State Bar Leonard A. Sanguedoice, Esq. tiiember: PA State Bar March 15, 2010 MARCUS MCKNIGHT, ESQ. IRWIN AND MCKNIGHT LAW OFFICES 60 WEST POMFRET, SUITE 2 CARLISLE, PA 17013 RE: CLAIM OF CACH, LLC, ASSIGNEE FOR COLLECTION OF: Your Client: Court Filed: County Filed: Docket No.: Our Account No.: Original Creditor: Original Account Number: LILY HERSCHER COURT OF COMMON PLEAS CUMBERLAND 2008 - 06524 CACH-14302226070400297 BANK OF AMERICA, N.A. 4313511016341570 Dear MARCUS MCKNIGHT, ESQ., On February 2, 2010, this office mailed to you a copy of Plaintiff's First Set of Interrogatories, Requests for Production of Documents and Things, and Requests for Admissions directed to Defendant. Proper responses conforming to the Pennsylvania Rules of Civil Procedure to this discovery were due from you within thirty (30) days. To this date, we have not received such response to those discovery requests. Please respond to these requests within ten (10) days of the date of this letter. If I do not hear from you, I will be required to file a Motion to Compel or Motion for Summary Judgment in relation to the discovery requests. Thank you in advance for your anticipated prompt attention to this matter. If you have any questions or problems, please do not hesitate to call me at the above number. Sincerely, Allan C. Smith, Esq, cc: file EXHIBIT C The Law Office of Harrison Ross Byck, Esq., P.C. 229 Plaza Boulevard, Suite 112 Morrisville, PA 19067 Local: (215) 428-0666 Fax: (215) 428-0740 Toll Free: (888) 275-6399 Harrison Ross Byck, Esq. Member: PA and NJ State Bar Of Counsel: Allan C. Smith, Esq. Member: PA and NY State Bar April 15, 2010 MARCUS MCKNIGHT, ESQ. IRWIN AND MCKNIGHT LAW OFFICES 60 WEST POMFRET, SUITE 2 CARLISLE, PA 17013 Leonard A. Sanguedoice, Esq. Member: PA State Bar RE: CLAIM OF CACH, LLC, ASSIGNEE FOR COLLECTION OF: Your Client: Court Filed: County Filed: Docket No.: Our Account No.: Original Creditor: Original Account Number: LILY HERSCHER COURT OF COMMON PLEAS CUMBERLAND 2008 - 06524 CACH-14302226070400297 BANK OF AMERICA, N.A. 4313511016341570 Dear MARCUS MCKNIGHT, ESQ., On February 2, 2010, this office mailed to you a copy of Plaintiff's First Set of - . Interrogatories, Requests for Production of Documents and Things, and Requests for Admissions directed to Defendant. To this date, we have not received such response to those discovery requests. On March 15, 2010, this office sent you a letter informing you your responses were overdue and to please respond within ten days. To this date, we have not received such response to those discovery requests. Please respond to these requests within ten (10) days of the date of this letter. If I do not hear from you, I will be required to file a Motion to Compel or Motion for Summary Judgment in relation to the discovery requests. Thank you in advance for your anticipated prompt attention to this matter. If you have any questions or problems, please do not hesitate to call me at the above number. Sincerely, cc: file Allan C. Smith, Esq. 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 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. LILY HERSCHER 691 EASY ROAD CARLISLE, PA 17015 No. 2008 - 06524 Defendant AFFIDAVIT OF SERVICE I, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's Praecipe for Listing Case for Argument, and Proposed Order in Support of Plaintiff s Motion for Judgment on the Pleadings, regarding the above-captioned matter upon defendant LILY HERSCHER by United States First Class Mail, on June 7, 2010 at his/her attorney's address of: MARCUS MCKNIGHT, ESQ. IRWIN AND MCKNIGHT LAW OFFICES 60 WEST POMFRET, SUITE 2 CARLISLE, PA 17013 Date: June 7, 2010 By: Allan C. Smith, Esq. Attorney I.D. No. 204756 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) CA)P?f_ TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) ?.? c_ _ CACH, LLC vs._ LILY HERSCHER No. 2008-06524 Teem - ., 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demuRer toe; complaint, etc.): A, i _ A, J. _ . fl 2. Identify all counsel who will argue cases: (a) for plaintiffs: ALLAN C. SMITH, ESQ. (Name and Address) 229 PLAZA BOULEVARD, SUITE 112, MORRISVILLE, PA 19067 (b) for defendants: MARCUS MCKNIGHT, ESQ. (Name and Address) 60 WEST POMFRET, SUITE 2, CARLISLE, PA 17013 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: AUGUST 18, 2010 r -° 12- Date: 9 j o Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Print your name PLAINTIFF CACH, LLC Harrison Ross Byck, Esq. Attorney I.D. No. 61511 229 Plaza Boulevard - Suite 112 Morrisville, Pennsylvania 19067 1-888-275-6399/(215)428-0666 Attorney for Plaintiff n COURT OF COMMON PLEAS CACH, LLC. CUMBERLAND COUNTY - 4340 S. MONACO STREET 2ND FLOOR DENVER, CO 80237 (?sa Plaintiff, N0: 2008.06642 VS. LILY HERSCHER 691 EASY RD CARLISLE, PA 17015 Defendant(s). r-a p.) O ?Q ,w ?. A 77, -C - ORDER TO SETTLE, DISCONTINUE & END TO THE CLERK OF CUMBERLAND COUNTY: Kindly mark the above captioned matter as Settled, Discontinued and Ended. Date: August 09, 2010 KP Harrison Ross Bvck, Esq. Attorney I.D. No. 61511 229 Plaza Boulevard - Suite 112 Morrisville, Pennsylvania 19067 1-888-275-6399 / (215) 428-0666 Attorney f or Plaintz ff CACH, LLC. 4340 S. MONACO STREET 2"i> FLOOR DENVER, CO 80237 Plaintiff, vs. LILY HERSCHER 691 EASY RD CARLISLE, PA 17015 Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2008-06943• lli? a C W ?n i m L 4 T o? ` 0 C •• -s ORDER TO SETTLE, DISCONTINUE & END TO THE CLERK OF CUMBERLAND COUNTY: Kindly mark the above captioned matter as Settled, Discontinued and Ended. Date: August 27, 2010 KP