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Home My WebLink About09-26890 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH, LLC. VS. NO: ( ) 4_ 02 6K CLCJ 7Z, VICTOR L HOWARD 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. 4340 SOUTH MONACO STREET 2ND FLOOR DENVER, CO 80237 Plaintiff, VS. VICTOR L HOWARD 109 VALLEY VIEW DR MECHANICSBURG, PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 0 9, d (, S q 3- t, COMPLAINT To: VICTOR L HOWARD 109 VALLEY VIEW DR MECHANICSBURG, PA 17050 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 WIRE 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 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 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 VICTOR L HOWARD, 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, VICTOR L HOWARD, is an individual residing at 109 VALLEY VIEW DR, MECHANICSBURG, PA 17050. 3. Defendant, VICTOR L HOWARD, is indebted to HOUSEHOLD BANK on an account stated by and between them in the amount of $1,886.54 which balance was due and unpaid as of July 31, 2006, for credit card account number 5489550056610283. <Exhibit A> 4. On or about September 1, 2006, HOUSEHOLD BANK sold the debt for good and valuable consideration to plaintiff, CACH, LLC. <Exhibit B> 5. The Defendant, Victor L Howard, last tendered a payment on December 15, 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 $1.2870 per day from the default date ( 24.900% annual percentage rate x $1,886.54 / 365 days) or $1.2870 x 600 days = $772.19; 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 $300.00 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $3,137.23 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $3,137.23 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $3,137.23 together with other interest and costs of suit. Date: April 13, 2009 EXHIBIT A 21200605HC51014L !X7150015489550056510263 VICTOR L HOWARD ACCOUNT SUMMARY PAYMENT SUMMARY BALANCE SUMMARY ACCOUNT 5489-5500-5661-0253 OVERLIMIT AMOUNT $424.87 PREVIOUS BALANCE $1.793.24 NUMBER MINIMUM PAYMENT' 470.00 PAYMENTS/CREDITS - $0.00 CASH CREDIT LIMIT. $1,415 CURRENT PAYMENT DUE' 5494.07 PURCHASES/DEBITS + $0.00 CASH LIMIT AVAILABLE 40 PAYMENT 011E DATE 07115106 LATE PAYMENT CHARGE« $0.00 TOTAL CREDIT LIMIT $1.415 PAST DUE AMOUNT $336.00 MISC. FINANCE CHARG+ 40.00 TOTAL- CREDIT LIMIT s0 AVAILABLE FINANCE CHARGE + 446.63 'See reverie side for an ax- STATEMENT DATE 06/21106 planation of these amounts. MEN BALANCE $1.839.87 .Cash Credit Limit is a portion of the Total Credit Limit PERIODIC FINANCE CHARGE SUMMARY This is a grace account. Grace period information on back. NOMINAL Balance Subject Daily Days Finance Charges ANNUAL To Finance Charge/ Periodic In Billing At Per! od la PERCENTAGE Auarage Daily Balance Rate Cycle Rate RATE PURCHASES 41.81.5.71 .082858 31 $46.63 30.244 CASH ADVANCES $0.00 .000007 31 $0.00 29.99% ANNUAL PERCENTAGE RATE-30.240% `"May be higher than Nominal Annual Percentage Rate if statement includes misc. Finance charges. IMPORTANT INFORMATION Your account has been placed with a collection agency. Please contact them directly, or call us at 1-600-388-5333. MAIL PAYMENTS TDi QUESTIONS) MAIL INQUIRIES TOI HSBC CARD SERVICES 24-HOUR AUTOMATED ACCOUNT INFORMATIDN HSBC CARD SERVICE5 PO BOX 17051 ENGLISH 1.503-293-4037 PO BOX 80084 BALTIMORE MD 21297-1051 ESPAIOL 1.503-293-4834 SAUNAS CA 93912-0084 Manage your account online at: 110201 I 21 0000000508 O wmw'oSCThMbank.pam 6 PLEASE DETACH AMO RETURN BOTTOM PORTION WITH YOUR PAYNEHTt To Assure Proper Credit Please Write Your AccouAt Number On Your Check Account Number 5469-5590-5561-0283 Mew Balance $1 839.87 Payment Due Data W 6105 Current Payment Due $494.87 Make checks payable to HSBC CARD SERVICES . Please write your account number am your check. Do rot fold. staple or clip. Do not send cash. Please Send your oayment 7 to 10 days prior to the payment due dada to ensure timely delivery. Amain t Enclosed 1BWNHYTS #493056610267/ VICTOR L HOWARD 10% YALLEY VIEW OR ME'CHANICSBL'RG PA 17050-_539 HSBC CARD SERYICFS PO BOX 17051 BALTIMORE NO 21297-1051 5489550056610283000494a7001939879 20200605MCSWHL 00150015489550056610;83 / VICTOR L HOWARD 0-510 & I PAYMENT SUMMARY ACCOUNT SUMMARY (/ • BALANCE SUMMARY ACCOUNT 5489-5500-5661-0283 OVERLIMIT AMOUNT $378.24 PREVIOUS BALANCE $1.751.39 NUMBER MINIMUM PAYMENT* $55.00 PAYMENTS/CREDITS - $0.00 CASH CREDIT LIMIT. $3.415 CURRENT PAYMENT WE` $443.24 PURCHASES/DEBITS + $0.00 CASH LIMIT AVAILABLE $0 PAYMENT WE DATE 06/15/06 LATE PAYMENT CHAg6E+ $0.00 TOTAL CREDIT LIMIT $1.415 PAST DUE AMOUNT $271.00 MISC. FINANCE CHARG+ $0.00 TOTAL CREDIT LIMIT $0 AVAILABLE FINANCE CHARGE + $41.55 *See reverse side far an ex- STATEMENT DATE 05121/06 planation of these amounts. NEW BALANCE _ $1.793.24 .Cash Credit Limit is a portion of the Total Credit Limit TRANSACTION SUMMARY (For additional transaction detail go to www.orchardbank.com } TRAM POST TRANSACTION REFERENCE AMOUNT DATE DATE DESCRIPTION NUMBER CHARGE5 CREDITS YOUR ACCOUNT 15 NOW PAST DUE. PLEASE CALL TODAY TO MANE YOUR PAYMENT OVER THE PHONE. CALL US AT 800-434-4954. MAIL PAYMENTS TO. QUESTIONS? MAIL INQUIRIES TOi HSBC CARD SERVICES 24-HOUR AUTOMATED ACCOUNT INFORMATION HSBC CARD SERVICES PO 8031, 17051 ENGLISH 1-503-293-4037 PO BOX 80004 BALTIMORE 140 21297-1051 ESPA+OL 1-503-293-4834 SALINAS CA 93912-0084 Manage your account online at: www.orchardbank.ccm 110201 A 21 0000000508 G STMT07 0 6 PLEASE DETACH AND RETURN BOTTOM PORTION YITN YOUR PAYMENTS To Assure Proper Credit Please Write Your Account Number On Your Check Account Number 5489-5500-5561-0283 Now Balance $1.793.24 Payment Due Date 06115/06 Current Payment Due $443.24 Make checks payable to HSBC CARD SERVICES . Please write your account number on your check. DO not told. staple or clip. Do not send cash. Please send your payncnt 7 to 10 days prior to the payment due date to ensure timely delivery. Amount Enclosed dBWNWYTS 14930566102871 VICTOR L HOWARD 109 VALLEY VIEW DR MECHANICS8URG PA 17050-1539 HSOC CARD SERVICES Po BOX 17051 BALTIMORE MO 23297-LO51 54895500566102830004432400:793241 Z0200003KCSWHL OOL50025489550056510283 VICTOR L HOWARD PERIODIC FINANCE CHARGE SUMMARY This is a grace account. Grace period information an back. NOMINAL Balance Subject Daily Days Finance ChargQees ANNUAL To Finance Charge/ Periodic In Billing At Periodic PERCENTAGE Average Daily Balance Race Cycle Rate RATE PURCHASES $1,771.53 .078794 30 $41.85 Z8.744 CASH ADVANCES $0.00 .000OOk 30 $0.00 28.744 ANNUAL PERCENTAGE RATE-28.7404 ••May be higher than Nominal Annual Percentage Rate if statement includes misc. finance charges. NAIL PAYMENTS T0: QUESTIONS? NA% INQUIRIES TOt HSBC CARD SERVICES 24-HOUR AUTOMATED ACCOUNT INFORMATION HSBC CARD SERVICES PO BOX 17051 ENGLISH 1-503-293-4037 PD BOX 80084 BALTIMORE NO 21297.1051 ESPA10L 1-503-293-4834 SALINAS CA 93912-0084 Manage your acenunt online at: u .erchardbank.ctn 110901 A 21 0000000508 G STNT07 D 6 PLEASE DETACH AND RETURN 90770" PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your check Account Number 5489-5500-5661-02e3 New Balance $1.793.24 Payment Due Date 06/15/06 Current Payment Due $443.24 Make checks payable to HSBC CARD SERVICES . Please write your account number an your check. Do not fold, staple or clip. Do not send each. Please sentl your payment 7 to 10 days prior to the oayeent due date to ensure timely delivery. Amount Enclased #DWNHYTS 149305653OZ87A VICTOR L HOWARD 109 VALLEY VIEW DR MECHANICSBURG PA 17050-1539 HSBC CARD SERVICES PO BOX 17051 BALTIMORE ND 2L297-1051 548955005661028300044324001793241 EXHIBIT B CERTIFICATE OF PURCHASE JESSICA SNODGRASS I? hereby depose and state that: 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: VICTOR L. HOWARD Original Creditor: HOUSEHOLD BANK Account Number: 5489550056610283 3. On or about September 1. 2006 this account was sold by the original creditor. CACH, LLC is the current owner of the account and purchased the account for g o o d a n d v a l u a b l e c o n s i d e r a t i o n. Date: t. JAN 2 8 2009 Sworn and subscribed to before me tht 11 2 8 0 day 0 Notary Public 2009. r7t??6? ? OTARy sot s ?o G ••' O A,9 •. UB1,?.• Q4? TF OF 0- My Commission Expires 09/20/2009 PA 4.25.08 EXHIBIT C Hous"d Bank Cmtomsmem AaFtnamn NT AND DISCLOSURE STATEMENT GENERIC AG1119F eiease irerp ? wta year fapeehrre yepera AA8 OEAOOORtP?lBQ110HOPPARM Adromoom and Diedonve 8tatwout and the enebeod chest eadded quportant Istormadon Reptding Your Account* (colleoWely, the' eaeat') and In your monthly theds credit ,athe rd?'you' and W ids to all pomns named an application, Account, credit card or acceptance coUlleds, do word TKC mown a ihsple credit cud or two or more MA eudw we have loosed to you under this Agreement, the wards """, Ono, and 'our" refer to Household Bank (Hawk) , NA, Las Vegas, Nevada and the word •A' mew the open end line of credit we have established for you and %Wch can be uonW by your Card or other rouas approved by us. You mg not use your credit card etrecb t, makE peydieiNi; to ca or arp at woe airiliatea: This Agr uwft (ond arty WMANenls) oared your Account with us, and you sad we will be bound by it free the time you recolve your end or Agreement You agree to me this Account only for personal, [amid, horoeirotd or charitable p apo ns. You may NNW this Account before using It without pghrg aq fees. Ifyour Account is a joW Account, you and year joint Accountholder each promise to pay and are Mn* and indivMWIY reapoasible for sli amounts due under this Agreement nordien of arq divorce or other local p oewdings or any agreement that may oQeet liability between you. It arq of you gives us notice dbdoli tug HOW for Wands erred miler figs Agreement, we mq close the Account. In that sweat, yon may continue to pay the under the terms of this Agreement. However, you svnewdharpsendnAcoount . R11Itd9E70PAT You promise to pgawmo4 to tiro terns that we regrdm or for. (a) credit emruded b us to yen at to es1, l whom you pe? use this Account; (b) Finance charges, ists charge,, and other ohs" (ej, relmwed CbOlk Charge, avMim(t he and rs,eu0. ehuge) [>tsefded!A d62gresmosfi (c OAKUM coab,.and sttamya'>?e aopenakted bspPUa61e law; (d) cregrt la eiooem at yorr;w Ymlt thrt we mg ceded to you. We = soup late or partW pkvmu a at cluclo< or moag orders WNdmd ?"neat in Pun' or q a la erwhraod wltlerd .6 % Our e4d to ban ediote heingmvO( rrVdsrenderQ6A8euent ir<AIY?tCdBdliE99T Yw vrgr cot ozaoead the aedk 1Wt flat wa set for you. You ng obgln credit b ON suns approved by as WA flue IOW m pall balaaoe of gar Aeownt readu your cedit BsU A< err discretion, we mq lisp the ae amovat Of a. Ong typo of tmtaotion an ymr Awourat, Including Cub agrse that mW L%n edu limitation msty clrurge at atq time without notice to you as )w as the limit is applied to all or a substan<W portion of our crewcuts. You spew not to allow your toW unpaid bduce, Including Phunce charges ad other charges, to exceed your eredk limit established by as from tine to time. We are riot required to make cash Advances (including accepting credit cud checks or Avftutod Teller Machine ('AM transactions), or extent! credit for purchases at your request if you have exceeded your credit SFATUMNIS 1Ye will and you a statement coverug each billing cycle )n which you. nave a balance In excess of $I showing (as of the billiag eyCie)' (a) payments, credits, purchases, Cash Advances, Finance Chargeas and allotherebarges made to u Account: (b) the minimum psymeat you must make (called the' linlmumi'syme.V) and the date It Ls requested; and (c) your available credit. PAY31> I Each month you.must pay us at least the lfielmn ment reflected art ekhbn ct your statement We must receive the MLdt? Payment after the close of the bEft cyek (called `Payment Din n 26 you wish, you may pry mots than the MWtnwu Payment and at ay time you raw par the entire swig owed (aBed'4W Bsbmee7. Far hllllne Cates beginning on or after May 1,1999, the Minimum cats aa,w, wee, Fix; _? ?----- -- ?a (i) P..6% of the we; Balatue a till, whieherer is greater or amount attic Nef Balance Mess tlsn 6l3), plus (ii) stgrpastdue sAtamts sppearbgoayaurstatettteV%or (b theasninabywblelttheNowBainceaoceadsyouraeHtllmlt• AB pigments by mail twist be made by cheek' or tootgr Order. Yana agree that an payment you make tnayr be returned to you good appt}i it to Accord aid wilbou¢ presaubgett or piobst, foe tttgr reahoaIt the check or mongr order Ic (1) not drawn OR that pg frost GWce or, nmaebl hatitaft located lea the Bdted 812toss di M a *wturr, m draft wWt 1ecaut amnak rid =%a Missing aatonsdx , «stckthsb endotsA (ii) Iioddaten? P4' to Credit Services, tae. or HetaeWA B « rswt In 115. dollars oat loads an depodt wnot ?dpreseatmeah or &M oat a credit card SC" check issued bpi llousebold $i nk or W oalstes You W, pppp aarrqq book or finunCW institution collection fees we lr?ear IN srgr"ehhack cats made In 115 dollars drawn RaMW At a Age?at mist loeged in the Molted States. An pay be received at the address specified onyouur Milian statement. Disputed payments, including those marked ?gUent in FuH' or otherwise restrictively endorsed most be mailed to the Customer Service address shown on your monthly statement. FLUNCE CILAMES Finance Charges are the total of (a) periodic Finance Charges and (b) Cash Advance Fee Finance Charges. (a . These see computed by multiplying the 'Daily Periodic Rate" by the Average DaUY Balance oofl your Accaunt and then multiplying the result by the number of days In the bitting cycle. For billing cycles beginning on or after June 1, 1999, to get The'Dal iy Balance, the take the bettinalag debit balance Of your ACCOUnt each day, add any new purchases adorer Cash Advances (whether in cash, by-credit card cheek, by ATM or otherwise), any previous days periodic Finance Charges, the Annual Fee (N applicable), Casb.Advance tees, any late any Overiimlt lees and oihcr administrative charges (1credit life tworsaee) on your Accoont, and subtrad a q paymeals and/or credits applied to your Account. It a debit transaction posts aher the beginning of year baling tyde bat the twomedon occurred prior to the beginning of your biting cycle, the da1? balance will be Alasted to iaehtde the transaetiot ataaat acrd any previous data periodic Riasnce Charges, for each day the traasactioa was oatshndlas p to the be tudag of the cstrett biingg cycle. Then we add all test ply >ta1>unces for the blRbtt eyrie together tad dhtde the total brr t?e?ta?wber of dqs a do The Dally peciodie Role and to detendta your pcriadie ED=* Charge will be avsriable rate which Pq obarge. < " t .' ' ; • :? The Spread, Anneal Percentage Rate, Dak Periodic Rate aid ...•: mialmom rate of Finaaee Charge for tke C tatgacy AYR ors shwa ea the enclosed sheet entitled almportsnt informatbn • RegardingYourAcCOMOV The Dally Periodic Rate for the Customary AYR will be based On y/3ah of the sum of the highest prime Rate published in 91te Wolf Street Journal on the fourth Thursday of the auna preceding t math in smith the billing paned begins (•lnde3r) plus the Spres: U Thu rt'all Street Journal or the Pi L-ne hate Is not publishtd of = fourth 1lutrsdu, the rate will be determined On the next day t Pritoe Rate Is published in Thu fia? e c' d Journal. The net brz periodic We is applicable to the b belies On CC ILM• the first day of the next succeeding month It your Minimum Ps)=nt is made after the Payment Due nt. if year Mment is returned unsatistkd for any rason, you wSrt logger be eligible for say special reduced promotional Mtrr Percentage We you mu hrtve and your entire balance w1L = Changed to the Castmna7APR. Yoa qw kr the CtttooaaryAPR at>on? asyaw mwmum pgde= teahedaidvyoteddtoyour Acwxdwi n6t+dztilsorthePaymentL• tyste V Minima= PUment Is fib or mote ?s late, )vx Aoaz: will go to r be eligible for the CtdomwY APIt a year er+ balance w ch&W to the Defult APR. it at arty doe the Out== APR exceeds the D** APR than the Cuslorew APRwin a '*. tyre balance or)= Account. You Account may be tleansi npl r law rate adder you m4stobli and maintain yaw Account In IF lot lac tote' pe{tidt APR id be based oa U965& of the ant CE 7 Was pis 024% Cam") WA B 10dw b101tgqu' begins on or after the first day of the next soneeft vin& :s Writ ?AP have bbeeea i De8* Perfoie r I= (corregoa u a LT59X g The 101i of IM lK do Dq& Ot IM be aaPedodic d An !lilt Rate wW aerean r app cable altar Periodic Rste' fa: your Acoomt the Rum Cis aidand tCnd D payment due on For billing cycles beginning on or after May 1, 1999 per:: Finance Charges on purchases boon to seenn on the Me ec purchase tranimetion (Incled'mg administrative fees and billed tu?aid name Charges) accept that no periodic Finance Ct= wRl be Incurred on new credit cud purchases Vthe New Bstir Curry statement Iss in full uithin 23 days after the close c_ billing cycle(an your `Grace Period"). If the New Balenee h paid in NiI for say q* after hasint been paid in Nil or basing = s :ego balance for the previous cycle, periodic Finance Charges be incurred on new credit cud purchases comprWag'tha: Balance kom the transaction date. For any billing S1T1e itnme& blowing one [a which these was a New BsIwU that was 1tC: In fullwithin to dwqs r? the close attic pretiwn b99ni = rZdic Finance Charges ? will be Incurred on credit cud spur:: the date or the transaction and on previously purchases boas the buiru og of the current cycle. billed t 'Cash Adtanees hwkde an advances made IF cum advanced the counter, through to ATM, by check or other 'cash-' transactions wMet raid be determined by us. Periodic M Charges oa Cash Advances, Including es stud pntc' made by credit eard Cheek wW acern his the date or the Advance transaction until the Cash Advance bpakd In Btil. IP Finance Charges on Cash Advances wbkbb accrue afte: :rata ed date will appear on the next statement it periodic Finance Chuggees are to be assessed, ? r posted %% bave pedode Firsn?ce amp la d* the Daily Pertodie Rate In effect on the potting date. A amW In your mailing address may result In a Change t: bifte ck. (b ! F \°)Aid on a d ash Adt7ttee as et - data twtadbn Ttw Cash b Ab Ade Feeiestd for a-- Admaces, ncludiCutndt vatnces Wade e s& oAm Cash hAAdvwm Fe n ance Charge MY IFICrts" the Anatol Percentage Rate. ,M\BMtMk%UC9AR6% , . S8? of it for each billing 7here ele in lnbieb a pabdie Finance c?`e is payable. An7 ldinimum g Finance charge may Increase the actual Annual Percentage Rate. Ah11lALFEE your Account' sheet lndicatC3 The 'Important intotmtion Re4atdm ether or not your Aecouat is sac ec! i n;ac ?elAnn?ual Pay Account has an Atannei Fee, you ape t is open to sa amount to be mbe * Fee fa 12th year your A e q?iat the Antual Fee, it any, 2+01 by us from time to time. You ape t Aecow iATE CRWE um payment rrlthin 23 days suet the it we do not reeehe the M gree to pay a $29 01140* ek" ottee bWinglyclt,yo \ED CUFJCKCLA 1GE r p qmeut ou won yaIi returnedeuWtidedbrayoer time Unstthistee pea to you agree to pay each tf? eThis tee issia be lidded to ry01? ewatW d by us IN any Tom Adsssscebil'? credit as m "de you txoted your Oti er $ig Tee for each you sWee? aitto a y? A his Wr each sake ft copy you reitt" and SS for "ch atat"WtcWyou«QaesL 'IS APPLICEMS ?AM your P m Ot will basetot?me. Your aYcnts will be allocated in ova manner" determine in nce sdtln spplieabk law, and mess ?T ltW OF TB0 CKA\GE OF TERMS (iacladiat Fisaace Chat )' TRIP, li?'txa11ni10 AftS0lft APPLICABLE {AW.BT MY MRS O A' ANY TER)IRMT AGREEME.\T Ot ADD ATW TZM LpQiAT10\ ADDING 01 L?CREAS FEis, Dt0 Y09R WIM 1t1\IMIM PATNEh'T A\D i\C tE..G Tg?tG TIM BATE OR AY01* T OF B yLvLNCE A1A CE 11P0`i NTiCK?SAyC ?RGES ARE ASSESSED. PRIOR WILL R APPl1CABLB LAR CBA1`GES b1AY A PLY Z 9O 11 n 0 AND OLTSTAVDI\G B..SCES.' IL+1T 1 =ONATA T= . AFFILLITES ORTO SOME GIBER FT?sA Of AGREERIENT DEFAMAnTERadYATIOK this ApeemeRt upon: (a) your of lasure to You wilt be in default and when due; (b) °° vicIstion ?? Your make at least the Mahn this Faymeol' (c) your any other provision oJf?ne, becormas tom --a- - judOseM a< ce paOC dseta ae rrilhm W.Lam ? 7 ? ou*t o ft iconditions d this Av"me* from third WA lrwiadYstt ceps a sefta ddpgataey or ? with under and other loses es a??tm US other coUectoa cotes 411 apply rB"cey?iw?tiatntor w °r (o) Mbds rMbAYMAMW retmt ed oiaM m• ARe W este continue P"M we have the JW to Unavalo or stipend IM tat ? this Atrtesnt?to e?bas t* the r? of }reu ! 00 700 all acerr, b t jo charges bra di?ately.sari ss all 4? u?aruueedd you pace you wa pay related our end the faTeo ult to the etda?t pet the 13W in the state In Which Y attornels teas and then to principal and ua your pa,r •• ' Finance Chaje4- CREDIT AWBODUT10\1 Some purchases will regohe our prior author?sotlon and you may be asked by the merry to provide 1110611eattotn It-OUT suthoriratloe em 1s not wo*4 we may not be able to authorise a tuts ? have sufficient avaliable credit. We Ql not 6e liable to yea ,n if e you if am Of these events happen. We we not responsible for the rd t" of say merchant to accept or honor you Cud. CARD RBTUL with an cation date, %Ve have the AlM rot tb Cods are ? anew Our for w reason. ' CARD CAterminate of 'CE1l1?T , reduce your Credit limit at any time and to any TYe can subject the galrements of applicable law. B;alantes o reason, anda thin Agreement when your credit lb* Is reduced at. to sea>so Finance Charges Ong PH la" and are a re suW A to 211 ua . to a0 the terms and cum ? of e"?' Yoc creft ssweto return urn to Us or destroy Your ere m uuakas r u dit card Account Iseante0d- card tucks, A are WS not hear a" your Acaunt s we taeeMti?e cheaafreryoru YCUOSCiC> d or e?`loZpe per Account by vatting 10 Us It PA. So &,$A Saunas, CA 9t9Ft-16tZ Ytuc catke becomes e10Mrc the eddays lato after We recdvlog To aa R 1ta u4 ac?todhrt Of usoet0s oars but not Yea °tl1e° to ? l aced otlur eAartM 1016 1 batas?ees *111 coath" to si mte 4nsnce ie rr satleet to the tams and 001 "d t credit Oki cheeb to reduce Yom Wany AS)epand aq t a check written on your Aeoooat it ` r not honor r Atceuat IS dosed. h? the cheek kstteryon iI,1BwiFORi UMOMI chute slips sat" you receive Y: retain *1511 ststemcntYost , should at t wk kb rinse eo rat you should vet* that the Charles we t you may be Wit for the sneendhoelaed and the amounts unaltered be liable for twuthofted Use t of your credit card. you witt, not notify us of the loss, thrift or poaslbk nnautheei<od occurs after you an wilting us 11ntd40tely sspoo ketnir tvoriCieation must be >at wuthochd use at PA. Box hilt, Safi the loss, theft or passiiing m st the phone number listed on : CA 9591!•1622 or by Your 1kbRidTa unas m billing st:temeal In aqr case, }roes un? a c%ceed SW }roar credit cud will not whom you hoe r?!?+ not include use by a pensoa WM bt ffo the credit Mat sutha ty to use the Accout, andyeu user. ?o terminate Uds authority, you it to w at do at rOOM anfteiteb user and tv}gr}at ace oft expkbdnt mentioned sbortsIONSVIthateftev SMIf4 Maued line of crdk. We tbaretore 1Ye are etdtets?i flat >e10a< arise Under this AflaeesSad i sj?e in otherben oseseats you mayhaw ` °S Ly06T CI creddiittc cbeda see to "14 281111 sides. YoumaYtutl4?mq WENMERORE1M YCI{AiSG OP t A Now of we dow layoor sae, , sddeees, telof ?e rUSeber or pbea of aoPioynse?' Wwil1?t o ft9 to to the kueek by st Ysurk hir Paying tied a credit cud v* o7 not m don d a a credit cud i.-W. ox BINI. Sallnu, CA 9S 1t-16E?omeyaLWl?on? telephone Mmbtt listed on the biliint all I a t, 3 x 1 ,4R 5Q? 11 o 24 Si. 0 1! 0.4 °•v?s?A~p H 1 r! ° 7i1? 3 •i7i?S lyo i$? g r? ? -n?o' ° lip ?y A 1 ? 11-3 .A S'g 2 Will a s it I 1 ill it la - s Y? M 1 A ? ,! I e t lti? Is 111 I C. 9 s I Hill, .II al 3 11111111 s. oil igl 3; Id V 1 N 31,1 ?U a .?. I all a III a all ls 1 1v I ilt 1 3'd IM V M ? 'r N yy aa Ila!n?j?'3y?a ?BH• Apfi AS?$ ts $ . ? . ? all gal till Tv 3 > ar 1104. Iasi 3 I= fill o ?. .. g p sub ?- P. a,• •; .11 kill I SA <? $ w u•S R_?== .~,. all o %A ?? VERIFICATION LIssa SNOiDG;RASS , 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 VICTOR L. HOWARD owes the balance of 1$ ,886.54 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. B Dated: PA 4.25.08 FIiI F ^" T "Y 30 ?R. ?'7P.Sti GZ a / f a'.S P,, z y9/sa Sheriffs Office of Cumberland County R Thomas Kline of cul"ber?D Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy t FIcE'O? '14E s"EaiFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/01/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Victor L. Howard, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Victor L. Howard. Ted Gordon, the current tenant of 109 Valley View Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 states the defendant does not reside there. The Mechanicsburg Postmaster has advised that Victor L. Howard has moved and left a forwarding address of 7695 Manor Drive Harrisburg, Pennsylvania 17112. SHERIFF COST: $33.00 SO ANSWERS, May 12, 2009 2009-2689 Cach, LLC VS Victor L. Howard R THOMAS KLINE, SHERIFF OF THE ,"""," ' ..0TARY 2609 MAY 14 Hi L)v 24 41N" 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 (:ACH, LLC. vs. VICTOR L HOWARD Plaintiff, ) ) Defendant(s). ) To: VICTOR L HOWARD 7695 MANOR DR HARRISBURG, PA 17112 NOTICE COURT OF COMMON PLEAS CUMBERLAND COUNTY a~-ac~e9 NO: ~99~69ft89• 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: of 1~~~0 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 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 Fl~.E~?-!"~r~=it;F 2~(D ~Ls~ ! ~ ~~~ ~~ 33 CViI~: ...~1 Y i~ CACH, LLC. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s), ) NO: 2009-03689 vs. ) VICTOR L HOWARD ) 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), VICTOR L HOWARD, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on November 27, 2009. 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) VICTOR L HOWARD by regulaz United States mail, postage paid, on December 29, 2009, is attached hereto as Exhibit "B". Assess damages in the amount of $ 2958.73 as follows: [a] $ 1886.54 principal being sought in the Complaint; [b] and $ 772.19 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: January 22, 2010 J Allan C. Smith, Esq. Attorney I.D. No. 204756 ~I~-.0o P~ A~'h/ e~* a5sr 5 lei a37~s~ ~a~ce, ~l Mary Jane Snyder Real Estate Depu William T. Tully solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin CACH, LLC VS VICTOR L HOWARD Sheriff s Return No. 2009-T-2947 OTHER COUNTY N0.20092689 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy And now: NOVEMBER 27, 2009 at 10:45:00 AM served the within COMPLAINT upon VICTOR L HOWARD by personally handing to PAM HOWARD 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 7695 MANOR DRIVE HARRISBURG PA 17112 WIFE Sworn and subscribed to before me this 30TH day of November, 2009 ~/ NOTARIAL SEAL 4RY JANE SPd'IDER, Notary Publi Iiighspire, Dauphin County Ivi Commission Ex irzs Sept 1 2010 So Answers, Sheriff of D~phin Cow, ~a:'~ ,; r ~ ~. ,, Deputy: W CONWAY Sheriff s Costs: $49.25 11 /18/2009 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: 2009-03689 vs. ) VICTOR L HOWARD ) 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 VICTOR L HOWARD by United States mail, postage prepaid and certified mail, on December 29, 2009 at his/her last address of: 7695 MANOR DR HARRISBURG, PA 17112 Date: January 22, 2010 --_ ____, By: Allan C. Smith, Esq. 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//(215)428-0666 Attorney for the Plaintiff CACH, LLC. Plaintiff, vs. VICTOR L HOWARD TO: VICTOR L HOWARD 109 VALLEY VIEW DR MECHANICSBURG, PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2009-03689 NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT 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: December 29, 2009 Harrison Ross Byck, Esq., P.C. Attorney I.D. No. 61511 229 Plaza Blvd. Suite 112 Morrisville, PA 19067 1-888-275-639911(215} 428-0666 Attorney for Plaintiff CACH, LLC. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 2009-03689 vs. ) VICTOR L HOWARD ) Defendant(s). ) CERTIFICATION OF NON-MILITARY SERVICE I, ALLAN C. SMITH, ESQ. of full age, certifies as follows: 1. I am the plaintiff's attorney herein, and have sufficient knowledge of the facts and am fully authorized to make this Certification; 2. My information is that the defendant is VICTOR L HOWARD. 3. Our latest information is that the defendant is employed at Unknown. 3. 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: January 22, 2010 By ~~' Allan C. Smith, Esq. Attorney I.D. No. 204756 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jan-23-2010 11:51:53 < Last N First/Middle Begin Date Active Duty Status Active Duty End Date Service A ame enc HOWARD VICTOR L ased on the information you have furnished, the DMDC does not possess any information indicatin the individual status. 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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). r~r~ ,r~...~,_c~,.. 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 DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as 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 status by contacting that person's Service via the "defenselink.mil" URL httR://www.defenselink.millfaglpis/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA maybe invoked against you. See 50 USC App. §521(c). If you obtain additional 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 active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.miUappj/scra/popreport.do 1 /23!2410