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Home My WebLink About09-2939Our File No.: 190417 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. TOMMY ARNOLD 3414 HAWTHORNE DR CAMP HILL, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: (R - ag39 Civil ism 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.: 190417 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. TOMMY ARNOLD 3414 HAWTHORNE DR CAMP HILL, PA 17011 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 69- 93? ?Cr-- 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 TOMMY ARNOLD, an adult individual residing at 3414 HAWTHORNE DR CAMP HILL, PA 17011. 3. Plaintiff, CACH, LLC, is the Assignee and Successor in Interest of Account #4264291999529611; and said account was issued to Defendant(s) by MARYLAND NATIONAL BANK, N.A., 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 $5,841.62. 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 $5,841.62 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER &/ASSJOCIATES, P.C. for A Law Firm Enjaged/m Debt BY: Dated: 5/4/2009 David J. Aig*raker, Esquire Our File No.: 190417 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 unders' d understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relatin o unsw rn falsification to authorities. David J. Ap aker, Esquire Attorney for laintiff DATE: 5/4/2009 STATE OF NORTH CAROLINA CITY OF GREENSBORO AFFIDAVIT OF CLAIM AND CERTIFICATION OF DEBT Bank of America, MA. Accountholder: ARNOLD, TOMMY Account No.: 42642919995 29611 The undersigned, Vicki Kyle, being duly sworn, states and deposes as follows: 1. That Affiant is employed by Bank of America, NA successor in interest to Fleet, MBNA, Nations Bank ("Bank of America") in the position of Bank Officer and is duly authorized to make this affidavit. 2. That the original contract in this matter has been destroyed, or is no longer accessible to Affiant and that this Affidavit is to be treated as the original document for all purposes. If any originals are discovered, they will be submitted to the court for review. 3. That the statements made in this Affidavit are based on the computerized and hard copy books and records of Bank of America, which are maintained in the ordinary course of business, with the entries in them having been made at or near the time of the transaction recorded. 4. That account number 42642919.99529611 was opened on 0130104 whose social security number is 202680512. 5. That there is due and payable from ARNOLD, TOMMY as of 2114/2008 the sum of $5360,09 withstanding legally chargeable, post charge-off interest, pursuant to the terins of the card member agreement with Bank of America. 6. That said agreement and account was, on 2114,12008 sold, transferred and set over unto CACH, LLC, with full authority to do and. perform all acts necessary for collection, settlement, adjustment, compromise or satisfaction of the said claim. 7. That as a result of the sale of authority to settle, adjust, comp this account for any purpose. 8. That to the best of Affiant's just counterclaims or offsets i FURTHER AFFIANT SAYETH BY: Subscribed and sworn to before me this account, CACH, LLC and/or its authorized agent, has complete >e and satisfy same that Bank of America had no further interest in edge, information and belief, there were no uncredited payments, said debt when sold. EES I.9 Z= DATED THIS day of ...._..__. 2009 BANK OF AMERICA, NA V1, Bank Officer day of ES 19 '')009 My commission expires: Notarv Seal Q= Notary Pub CACH, 1. C 449 J . ` Pittsburgh Steelers AvAm dfor TOMMY ARNOLD 4284 29115586 7726 420 VI"I i?I?Z January 2008 Statement C **Lk 18r200r00 Cash orCm&AywhbAw Bwkofftwim Summary of Transactions Bilfim Cyde end Paym ent Information Previous Balance $5,246.71 Days in Billing Cycle 31 Payments and Credits - $0.00 Closing Data 01/18A78 Cant Advances + Purchases and Adjustments + $0.00 178.00 Payment Due' Dale 0211201 Periodic Rate Finance Charges + $35.38 Cwrertt PwTerd Due $127.00 Tranaeotion Fee Finance Charges + $0,00 Pori Duo Amount ' ' + 1806.00 New Balar>ca Total W380.09 mum T Payment Due OVERtIMIT FEE (BASED ON BALANCE %285.71) ;O1f32 . =..? 01/18 C/00 Call tall-free 4-800-789-6685 TM hearing-impaired 1-600-346-3178 AWAurn&-& ra BANK OF AMERICA P.O. BOX 15726 NALMINGTON, DE 19886.5726 Awaran y/r?qu6iiii+Ax BANK OF AMERICA P.O. BOX 15026 WILhMNQTON. DE 19850--5026 C 39.00 Nmual Percentage Rate for this Billing Period: 7.89% ltndudea Periodic Rate Finance Changes and Transaction Fee Finance Charges-) OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS 16 0053600900093300000118000004264291155667726 Chwk has for a WrrW of naWV addraaa or 00me rMnw* BANK OF AMERICA PbM ip -Add ar oonaetbna as ftwias. ids. P.O. BOX 15726 WILMINGTON, DE 19886-5726 lahalllrlhrlrrl.Ir.le.Ilrral.lhl.hhlarlrlrllaalrrlhl ACCOUAffAUMBE& 4284 29115500 7720 NEW BALANCE T0TAL• 16,380.09 A4 yMENT DUE a47E 02!12/06 TOMMY ARNOLD e?raorreer..e 39 E GREEN ST `$ - HAZLETON PA 18201-6043-393 bwffmpry"WNcowor;skx g wdhs ctockormareyonkrpayadb &: BANK OF AMERICA +:5 240 2 2 2 501: 0888L1 5 566 7 7 26ii, Cash Advences A. Balance Transfers. Checks 0.021843% DLY 7.90% 11,288.43 B. ATM, Bank 0.064787% DLY 19.9996 10.00 f, au h.awe 0.021643% DLY 7.90% _ 13,985.72 Q RLEI -40-IF }GE OF THE PROT OI NI NARY 1009 MAY 11 Pil 1: G 1 F cN PISYLVANA? (t" * 133448 PT* a095A Sheriffs Office of Cumberland County R Thomas Kline untn ?t teq?,t. Sheriff ° 4A Edward L Schorpp r Solicitor Ronny R Anderson ' r Chief Deputy WICE of Tf* SHERIFF Jody S Smith Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/26/2009 09:10 M - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 26,200 at 2110 hours, he served a true copy of the within Complaint and Notice, upon the within named defend nt, to wit: Tommy Arnold, by making known unto himself personally, defendant at 3414 Hawthorne Drive C mp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him pe onally the said true and correct copy of the same. SHERIFF COST: $4 .60 SO ANSWERS, ???: May 27, 2009 R THOMAS KLINE, SHERIFF 2009-2939 By Cach, LL XSetty Sheriff S Tommy A mold rn co, Co