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Home My WebLink About09-2938Our File No.: 190421 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CACH,LLC ) c/o Apothaker & Associates, P.C. ) 520 Fellowship Road C306 ) Mount Laurel, NJ 08054 ) Plaintiff, ) vs. ) DAVID PARKER ) 129 W NORTH ST ) CARLISLE, PA 17013-2322 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. dQ - d938 0'iy?L-?Iarm NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Our File No.: 190421 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaki?r, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CACH, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. DAVID PARKER 129 W NORTH ST CARLISLE, PA 17013-2322 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: O q- - 93F C?11-j -tz.,n-t CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CACH, LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are DAVID PARKER, an adult individual residing at 129 W NORTH ST CARLISLE, PA 17013-2322. 3. Plaintiff, CACH, LLC, is the Assignee and Successor in Interest of Account #5458004668013822; and said account was issued to Defendant(s) by METRIS, the Original creditor. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $7,698.59. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $7,698.59 and requests this Court award Plaintiff attorney's fees APOTHAKER & Attorney A Law Firm Enga? BY: Dated: 5/4/2009 to the extent permitted by applicable law. P.C. Collection David J. Apothake-r, Esquire Our File No.: 190421 VERIFICATION David J. Apothaker, Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities. David J. Ap Attorney rrall Plaintiff DATE: 5/4/2009 AbA AFFIDAVIT I am a Representative of HSBC Card Services, Formerly Metris Companies, Inc.,, (th "Seller') which owned the account of the customer(s) named below under the account number specified. The statements in this affidavit are based on the computerized and hard copy books and records of the Seller, maintained in the ordinary course of business, the entries having been made by a regularly operated business. The affiant is authorized to make the statements and representations herein. Customer(s): PARKER, DAVID Account Number: 5458004668013822 A computerized ending balance was maintained on the Seller's database. The end balance showing on the books and records of the Seller at the time of the assignment of the account to CACH, LLC was $7463.04. Dated this day 24 of October, 2008 NAME: Stuart Austin State of Nevada County of Clark Signed and sworn to before me on this day 24 of October, 2008 by Stuart Austin. NOTARY PUBLIC 7Af.K1' r3XTT 4TAFY pUpgL i STAT£ 0 Sd h°A3 A CWi r r?-- WRK APPT. 3J U7-d;02-1 mY APP T Ex' s S LW 3s , t 1 CACH,LLC DAVID PARKER 129 W NORTH ST CARLISLE, PA 17013-2322 STATEMENT OF ACCOUNT Debtor's Name: DAVID PARKER Account Number: 5458004668013822 Original Creditor: METRIS Balance Due: $7,698.59 Our File No.: 190421 EXHIBIT "A" 0 FILED--OF-RCE OF THE PROTHONI)TARY 20H MAY I I Pm 1: co .02-so PD ATW at:* 1163(170 ET* aag4$I Sheriffs Office of Cumberland County R Thomas Kline stn at cun16rr Edward L Schorpp Sheri 46 Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/14/2009 06:42 P - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 14, 2009 at 1842 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David Parker, by making known unto David Parker personally, at 129 W. North Street, Carlisle, Cumberland County, Pennsylvania, 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $32150 May 15, 2009 2009-2938 CACH v David Parker SO ANSWERS, R THOMAS KLINE, SHERIFF Deput Sherif t'v -r; iT1 5 ? i -7i JASON M. RETTIG, PABN 200948 418 WILLARD RD HATBORO, PA 19040 (267) 879-9054 Attorney for Defendant DAVID PARKER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH LLC VS. DAVID PARKER To the Prothonotary: Plaintiff, Defendant. Case No.: 09-2938-CIVIL CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE Please enter my appearance for DAVID PARKER, defendant, in the above titled case. DATED: May 26, 2009 JAS . RETTIG, PABN 200948 418 WILLARD RD HATBORO, PA 19040 (267) 879-9054 Attorney for Defendant DAVID PARKER FIL# + ; k= ??? Tn y ,_ t 9 tit;'! I '. Y JASON M. RETTIG, PABN 200948 418 WILLARD HATBORO, PA 19040 (267) 879-9054 Attorney for Defendant DAVID PARKER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH LLC VS. Plaintiff, ;15f Case No.: 2009-Civil DAVID PARKER ) CIVIL ACTION - LAW Defendant. ANSWER AND NOW, this 27 h day of May, 2009, comes the defendant DAVID PARKER, who admits, denies, and alleges as follows: 1. Defendant, DAVID PARKER, admits to the facts contained in paragraph one, that the plaintiff, FIA CARD SERVICES is a corporation with its principal place of business located at (c/o David Apothaker 520 Fellowship Rd, C306 Mount Laurel, NJ 08054) 2. Defendant, DAVID PARKER, admits to the facts contained in paragraph two, that he is an adult individual residing at 129 W. North St, Carlisle, PA 17013. 3. Defendant, DAVID PARKER, admits facts alleged in paragraph three, at his special instance and request, the Plaintiff issued to her account No. 5458004668013822. 4. Defendant, DAVID PARKER, admits facts alleged in paragraph four, that he accepted the account. 5. Defendant, DAVID PARKER, admits facts alleged in paragraph five, that the account is in default but does not have sufficient information to admit or deny the amount of unpaid balance as $7,698.59 6. Defendant, DAVID PARKER, admits facts alleged in paragraph six, that all credits, if any, to which he is entitled, are set forth in Exhibit "A". 7. Defendant, DAVID PARKER, admits alleged in paragraph seven, that although demand has been made, he has failed to make payment of the amount allegedly due. WHEREFORE, the defendant respectfully requests this honorable court enter judgment in favor of the defendant and that Complainant take nothing by said Complaint; that Defendant recover its cost of action herein; and such other relief as the Court may deem proper. Respectfully submitted, DATED: May 27'x, 2009 Defendant DAVID PARKER VERVCAEON I, Defendant, DAVID PARKER, verify that the facts set forth in this answer are true and correct to the best of my knowledge, information, and belief DATED: O? c.9 Defendant DAVID PARKER RED; a? L€i!?Y3 w!l„?,?3 ! I ?? i ? ? tv CACH, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DAVID PARKER, Defendant NO. 09-2938 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE OLER and EBERT, JJ. ORDER OF COURT AND NOW, this 17th day of February, 2010, upon consideration of Plaintiff's Motion for Summary Judgment, and of the attached communication from Defendant's attorney indicating that he is not opposing the motion, Plaintiff's Motion for Summary Judgment is granted and judgment is entered in favor of Plaintiff and against Defendant in the amount of $7,698.59, plus costs of suit and interest at the legal rate from the date of judgment. BY THE COUR' ~(/`!~ esley Old" r., J. Jordan W. Felzer, Esq. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Jason M. Rettig, Esq. 419 Willard Road Hatboro, PA 19040 Attorney for Defendant e~4~ ~~~,~ rrL~.c~ ~ N r ` o ~ rn.,:. ~ =_" C 7 rr-~~ :~ ~.; _~ .~„ -e ~~ `-' `~ ' rri ~ ~ ~ Our File No.: 190421 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CACH, LLC vs. DAVID PARKER Plaintiff, Defendant. U; 17-11 2014,11IN 12 Pt/ CIINBERL PFly,S rL V l(Ir ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) ) ) ) NO. 09-2938 ) ) ) PRAECIPE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Please mark the Judgment Satisfied against the Defendant. Judgment has been paid in full. APOTHAKER & Attorney'for P A Law Firm Engaged i By: CIATES, P.C. aintiff Debt Collection David J. Apdtl aker, Esquire 11111,1191111211,11111 lt9,Spf) h5?.5.Ys P-#-Snan