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HomeMy WebLinkAbout09-2941Our File No.: 190511 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. DOUGLAS W BARRICK 4515 ROLO CT MECHANICSBURG, PA 17055-5889 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: N - aq4 0'-Wi l (?.rrk 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.: 190511 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. DOUGLAS W BARRICK 4515 ROLO CT MECHANICSBURG, PA 17055-5889 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: D 4 z yI 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 DOUGLAS W BARRICK, an adult individual residing at 4515 ROLO CT MECHANICSBURG, PA 17055-5889. 3. Plaintiff, CACH, LLC, is the Assignee and Successor in Interest of Account #4313027997635534; 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 $6,906.08. 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 $6,906.08 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. A Law Firm Endajze(Yin Debt BY: Dated: 5/5/2009 David J. A*, tKaker, Esquire Our File No.: 190511 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 re4ti g to unworn falsification to authorities. David J. Apvthaker, Esquire Attorney for Plaintiff DATE: 5/5/2009 AFFIDAVIT OF CLAIM AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA ) CITY OF GREENSBORO ) Bank of America, N.A. Accountholder: BARRICK, DOUGLAS Account No.: 43130279976355' 4 The undersigned, Dennis Maradei, being duly sworn, states and deposes as follows: I. That Affiant is employed by Bank of America, NA successor in interest to Fleet, M:BNA, Nations Bank t"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 4313027997635534 was opened on 04/17106 whose social security number is 191460702. 5. That there is due and payable from BARRICK, DOUGLAS as of 4/$12008 the sum of $5757.02 withstanding legally chargeable post charge-off interest, pursuant to the terms of the card member agreement with Bank of America. 6. That said agreement and account was, on 41812008 sold, transferred and set over unto CACTI, 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 said account, CACH, LLC and/or its authorized agent, has complete authority to settle, adjust, compromise and satisfy same that Bank of America had no further interest in this account for any purpose. 8, That to the best of Affiant's knowledge, information and belief, there were no uncredited payments, just counterclaims or offsets against said debt when sold. SAYETH NOT. t R Notary Ir 4.1 Public x (tAy Comm. Exp. FEWWARY 27, 2012 4) fgsG24p OH Gam«. DATED THIS 4?day of _( --, 2009 BANK OF AMERICA, NA By: Bank Officer Subscribed and sworn to before me this _ day of ......... ........_, 2009 ? My commission expires: -__ .............. .... Notary Seal _?, o Public rrlat?ett J. polux CACH, LLC 449 t i M&T Bank q3j7 7em69V ,Rv.116tor. DotJGLAS W BARRICK March 2008 Statement Cfo*Lkw- $4,500.00 4313 02701470 3430 Ca9h or0&*Avadabte. Summary of Transections Previous Balance 55,624.74 Payments and Credits - SOW Cash Advances + ' 50.00 Woo prstnwds + Purehesee and Ad Periodic Rate Finance Cherge9 + "3.28 Transaction Fee Finance S + $0.00 New Balance Total $5,757.02 Billing Cycle and Pa aunt Information Days in Billing Cycle 30 Closing Date 03/0608 Payment Due Date 03/30+08 Current Payment Due $188.00 Past Due Amount + $1.204.00 Total Wmimum Payr wd Due i 0deoints *M?'E Call tot-tree 1-800362-6299 TDO hew"-impaired 1-600348-31 T8 hwPismenb ow FIA CARD SEFMCES P.O. BOX 15728 WILMINWON, DE 19868-5728 AIelf'BAtbrgUh*w Ax FIA CARD SERVICES P.O. BOX 15028 WILMINGTON. M 198605028 owl ` CornrAv mft Annul - 6ialave Sugrsct to Flrbdlc Rate Pbrcwift s Rater Fararres Chase Category Cash Advances A. Balance Transfers, Checks OA54767% DLY 19.99% $0.00 00 $0 B. ATM, Bank OA54767% DLY OA54767% OLY 19.99% 1998% . 5.5,677.45 Purchases C. Annual Percentage Rate for this 131111ing Period: 19.9396 kncudes Periodic Rate Finance Pharos and Transaction Fee Finance Ch OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS 06 0057570200139200000150000004313027014703430 FIA CARD SERVICES P.O. BOX 15726 WILMINGTON, DE 19886-5726 ...fll.I.IIIII.III IN IIIIIIIIIIIIIII uIIIIIIIIIIN 141 DOUGLAS W BARRICK 4515 BOLO CT MECHANICSBURG PA 17055-5889-156 1:5 240 2 2 2 501: Crock bare for. change of eetfng addr? or Room week!- M oernev*M as the nom 6 ACCOUNT MUAWER.- 4313 0270 1 470 3430 NEW BALANCE TO)rAL. 556757.02 R4YMENT DUE DATE. 03130+08 arrwrw.rrn..,sarrae "at*Psyms+W oorrpar?sbv wdha check or money orcbrpryabls to. r-IA C.AAV SERWCES 09 3 5 70 14 70 34 300 G) 2009 MAY I I Pd'i 1: 08 VV7rt?.? Ia ?? 4'v???l t, PENNSYLVANIA $?$. So P Q ATTy cl[.11 133ao W'* u49s(, Sheriffs Office of Cumberland County R Thomas Kline aSW 6( cumber Edward L Schorpp Sheriff° Solicitor Ronny R Anderson Jody S Smith Chief Deputy o OF THE RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/21/2009 06:55 P - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 21, 2009 at 855 hours, he served a true copy of the within Complaint and Notice Foreclosure, upon the withir named defendant, to wit: Douglas W. Barrick, by making known unto Douglas W. Barrick personally, at 4515 Roo Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37 May 22, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF puty Sheriff 2009-2941 CACH, LZC. v DDuglas Rarrick C) N _TS: t ? _ M* W J C'I CD ^C MIDPENN LEGAL SERVICES Shana M. Walter, Esquire 213-A N. Front Street Harrisburg, PA 17101 (717) 232-0581, ext. 2114 Fax: (717) 232-7821 swalter@midpenn.org CACH, LLC c/o Apothaker & Associates, P.C. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DOUGLAS W. BARRICK, Defendant No. 09-2941 Civil Term DEFNDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendant, Douglas W. Barrick, by and through his counsel, Shana M. Walter, of MidPenn Legal Services, hereby files these preliminary objections to Plaintiff's Complaint and avers the following in support thereof: I. MOTION TO STRIKE/FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT - FAILURE TO ATTACH COPY OF WRITTEN AGREEMENT 1. Plaintiff Cach, LLC, filed a Complaint against Douglas W. Barrick, Defendant on May 11, 2009 seeking a judgment in excess of six thousand nine hundred six dollars and eight cents ($6,906.08). 2. Plaintiff avers in paragraph three (3) of the Complaint to be the successor in interest to the original creditor, Maryland National Bank, N.A. 3. Plaintiff alleges to be the debt buyer and successor in interest to the original creditor but fails to provide any agreement that this is in fact the case. 4. Plaintiff's first attachment to the Complaint is an Affidavit of Claim and Certification of Debt signed by an officer of Bank of America, N.A. 5. The Affidavit alleges 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." 6. The drafters of the Pennsylvania Rules of Civil Procedure had the foresight to realize that not all writings would be available to a pleader and promulgated the Rule of Civil Procedure enacted as Pa. R.C.P. No. 1019(1). 7. In pertinent part, the rule states "...if the writing is not accessible to the pleader, it is sufficient to so state, together with the reason, and to set forth the substance in writing." 8. Plaintiff set forth a reason for the absence of a contract, but did not set forth the substance of the contract. 9. Defendant is unaware of which contract the Plaintiff is referring to in the Affidavit. It could be the contract between Maryland National Bank and MBNA, the contract between MBNA and Bank of America, the contract between Bank of America and Cach, Inc., or the alleged agreement between Maryland National Bank, N.A. and the Defendant. 10. Plaintiff attached a credit card statement to the Complaint bearing the name of Defendant. This statement, however, is insufficient to establish a contractual relationship between the Defendant and the assignor and/or the assignee. 11. Furthermore, the name of the financial institution on the aforementioned statement bears the name of M & T Bank, not Bank of America, the alleged original creditor. 12. Based upon Plaintiff's failure to attach any agreement to the Complaint, Plaintiff has failed to adhere to the requirements of Pa. R.C.P. No. 1019 (i), thereby requiring the filing of Defendant's Preliminary Objections pursuant to Pa. R.C.P. No. 1028(a)(2). WHEREFORE, Defendant Douglas W. Barrick respectfully requests that this Honorable Court sustain his preliminary objections and dismiss Plaintiffs Complaint with prejudice. II. MOTION TO STRIKE/FAILURE OF PLEADING TO CONFORM TO Pa. R.C.P. No. 2002-PROSECUTION BY REAL PARTY IN INTEREST 13. Pennsylvania Rule of Civil Procedure Number 2002 requires that "...all actions shall be prosecuted by and in the name of the real party in interest...". 14. Plaintiff Cach, Inc. is not a real party in interest because of its failure to provide any documentation by way of attachment to the Complaint, a reason for the missing attachment, or an explanation of the substance of the assignment. 15. Therefore, Plaintiff cannot pursue this action. WHEREFORE, Defendant Douglas W. Barrick respectfully requests that this Honorable Court sustain his preliminary objections and dismiss Plaintiffs Complaint with prejudice. III. MOTION TO STRIKE/INSUFFICIENT SPECIFICITY OF PLEADING 16. Pennsylvania Rule of Civil Procedure 1019(a) requires that the "material facts" upon which a cause of action is based be stated in a concise and summary form. 17. Plaintiff alleges in paragraph five (5) that the unpaid balance on the account is $6,906.08. Plaintiff also states: "A true and correct copy of the total due and owing is attached hereto..." 18. The total amount due on the M & T Bank statement attached to the Complaint is five thousand seven hundred fifty-seven dollars and two cents ($5757.02). 19. The statement does not provide a breakdown of charges and payments to support the allegation that the balance due is six thousand nine hundred six dollars and eight cents ($6906.08). 20. Plaintiff further alleges that the alleged account of Defendant is in default, but fails to provide the date of the alleged default. 21. Defendant is unable to prepare an answer to Plaintiffs Complaint or properly defend the Complaint due to Plaintiffs failure to allege the material facts upon which the claim is based. 22. Therefore, Plaintiff has failed to adhere to the requirements of Pa. R.C.P. No. 1019(a) requiring the filing of Preliminary Objections pursuant to Pa. R.C.P. No. 1028(a)(2). WHEREFORE, Defendant Douglas W. Barrick respectfully requests that this Honorable Court sustain his preliminary objections and dismiss Plaintiffs Complaint with prejudice. Respectfully submitted, *De MIDPENN LEGAL SERVICES BY4nSa Walter, Esquire Supreme Ct. ID No. 200952 MidPenn Legal Services, Inc. 213-A North Front Street Harrisburg, PA 17101 (717) 232-0581, ext. 2114 Attorney for Defendant a , MIDPENN LEGAL SERVICES Shana M. Walter, Esquire 213-A N. Front Street Harrisburg, PA 17101 (717) 232-0581, ext. 2124 Fax: (717) 232-7821 swalteramidpenn ora CACH, LLC c/o Apothaker & Associates, P.C. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DOUGLAS W. BARRICK, Defendant : No. 09-2941 : Civil Term PROOF OF SERVICE I hereby certify that I am this day serving a true and correct copy of the within Defendant's Preliminary Objections to Plaintiff's Complaint upon the person below by first class mail, postage prepaid, which services satisfies the requirements of Pa. R.C.P. No. 440: David J. Apothaker, Esquire Apothaker & Associates, P.C. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 Respectfully submitted, Date: PENN LEGAL SERVICES Sharia ft V alter Supreme Court ID 200952 213-A North Front Street Harrisburg, PA 17101 (717) 232-0581 Fil OF THE- PROT0,1TAR 2009 JUN -9 AM 9: 43 Ct1t+10uiv'y €'Ea vhvSYLVAN Our File No.: 190511 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 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. DOUGLAS W BARRICK 4515 ROLO CT MECHANICSBURG, PA 17055-5889 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-2941 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.: 190511 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 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. DOUGLAS W BARRICK 4515 ROLO CT MECHANICSBURG, PA 17055-5889 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-2941 AMENDED COMPLAINT FIRST COUNT 1. Plaintiff, CACH, LLC, is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant is DOUGLAS W BARRICK, an adult individual residing at 4515 ROLO CT MECHANICSBURG, PA 17055-5889. 3. Defendant applied for and received a credit card from MARYLAND NATIONAL BANK, N.A. account number 4313027997635534. 4. Defendant used the credit card, account number 4313027997635534, and as of June 04, 2009 there was an outstanding balance due and owing in the amount of $6,906.08. 5. Plaintiff purchased this account and presently owns and holds this account. 6. When Plaintiff purchased this account there was an outstanding balance due and owing of $6,906.08. Attached hereto as Exhibit "A" are the Statements. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $6,906.08 and requests this Court award costs to the extent permitted by applicable law. B Dated: 6/30/2009 Our File No.: 190511 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection VERIFICATION Kimberly F. Scian, 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. Kimberly F. ian, Esquire Attorney for aintiff DATE: 6/30/2009 Our File No.: 190511 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CACH, LLC Plaintiff, VS. DOUGLAS W BARRICK Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-2941 CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on 6/30/2009, I mailed a copy of the Amended Complaint by Regular mail to SHANA M WALTER, ESQUIRE 213-A NORTH FRONT STREET HARRISBURG, PA 17101 Date: 6/30/2009 kimberlyY. Scian, Esquire Attorney or Plaintiff Our File No.: 190511 M&T Bank 43/ 1 t? a? 7qq ?*a!roV J/ocr •' Prepared for.• DOUGLAS W BARRICK March 2008 Statement Or??O 3M\ Credd Line: $4.500.00 4313 02701470 3430 Cash orCre&Available: rvi nawrr?.r, wr rw..,.wNVr,c rwr. H i d www. acw serv cescom Summary of Transactions Billing Cycle and Paymen t Information i Call toe-free TDD hear h d 1-800-346 in -i i 3178 Previous Balance $5,624.74 Days in Billing Cycle 30 rripa re p pa - Mer7PaymerrCs ira• Payments and Credits - $0,00 Closing Date 03/06/08 FIACAMSEFMCEs Cash Advances + $0.00 P.O. BOX 15726 Purchases and Adjustments + $39.00 Payment Due Date 03/=08 WILMINGTON, DE 1 9 888-5726 Periodic Rate Finance Charges + $93.28 Cement Payment Due $188.00 McB'8mglrrqul„restn.. Transaction Fee Finance Charges + $0.00 Past Due Amount + $1,204.00 FIA CARD SEFMCES New Balance Total $5.757.02 Total Minimum Payment Due Emomme P.O. BOX 15026 WILMINGTON, DE 19850-5026 • Posting Transaction Reference Account Purchases and Adjustments Date Date Number Number Category Amount LATE FEE FOR PAYMENT DUE OW011 .:• ., ... 0"i ..•• •: 03(Oi :. : 5624 .: C 39.00 C;0fnKP0nMWAnntW Baiarrce SL018 t to Category Periodic Hate Perventiye Hate Finance Charge Cash Advances A. Balance Transfers, Checks 0.054767% DLY 19.9996 $0.00 B. ATM, Bank 0.054767% DLY 19.99% $0.00 C. Purchases 0.054767% IDLY 19.99% $5,677.45 Annual Percentage Rate for this Billing Period: (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) 19.99% • OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS 06 0057570200139200000150000004313027014703430 FIA CARD SERVICES P.O. BOX 15726 WILMINGTON, DE 19886-5726 Isl.111.la,1.11111,111111111111F1111u111111u111111 DOUGLAS W BARRICK 4515 ROLO CT MECHANICSBURG PA 17055-5889-156 n Check here fora change of nerTng address or phone numbetsl. u Pease provide al consdiom on the reverse side. ACCOUNT NUMSER.- 4313 0270 1 470 3430 NEW SALANCE TOTAL: #5,757.02 PAYMENT DUE DATE.• 03130!06 Gra?a+rrM+rr+r.U.o,.eemwa W MM"Peymerrt COGpon along *Yfh a check or money orderpayable tot r14 CARD SERVICES f: 5 240 2 2 2 501: 09 3 5 70 L4?0343011' M&T Bank PrAwadfor. DOUGLAS W BARRiCK 4313 02701470 3430 February 2008 Statement C,ed r link. $4.500.00 Cash or•CMddAvagaNb - Worl&oints 3,W-*,",. / H/ !!fl{Mf1WlR.?I LY! IWl/7(.iXJYJl11 [IRSiC ft www. acardservicimcom Summary of Transactions Billing Cycle and Payme nt Infonrrletion l d 144 9 ? Cap toll-free 1 hearin i l d 1800 3 3 3178 Previous Balance P $5,497.62 0 00 Days in Billing Cycle 29 mpa re g- mpe ra 411 M" P+w"ar?!rs trx• ayments and Credits - . $ Closing Date 02/05/0$ FIA CARD SERVICES Cash Advances + $0.00 P.O. BOX 15726 Purchases and Adjustments + $39.00 Payment Due Date 03/01/08 WILMINGTON, DE 19886-5726 Periodic Rate Finance Charges + $88.12 Current Payment Due $182.00 ArtaNBrtfrg klgu/rles to Transaction Fee Finance Charges + $0.00 Past Due Amount + $1,022.00 FIA CARD SERVICES Tot OUR Minimum P.O. BOX 1SM New Balance Total $5,624.74 Payment Due WILMINGTON, DE 19850-5026 Posting Transaction Reference Account Purchases and Adiustirlents Date Date Number Number Cateaory Amount LA_ FEE FOR PAYMENT .DUE.Q"1.. .: ; :;.:'...:; :• 0Wtt •.. 01!31::.: 549T.: :.: ? :: 39.00 Category Poriodic Rate Conesponding Annual Pbtl lot l4w Rate SWAICe Su4iW to Finawe Charge Cash Advances A. Balance Transfers, Checks 0.054767% DLY 19.99% $0.00 B. ATM, Bank 0.054767% DLY 19.99% $0.00 C. Purchases 0.054767% DLY 19.99% $5,548.06 Annual Percentage Rate for this Billing Period: (Includes Periodc Race France Charges and Transaction Fee Finance Charges.) 19.99% • OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS 06 0056247400120400000150000004313027014703430 Check here for 1 charge of make address or phone ramter(4 FIA CARD SERVICES Please provide al comect(onson the reve/seside. P.O. BOX 15726 WILMINGTON, DE 19886-5726 11e111I111/'1111111'1111111111111111/111111111111111 DOUGLAS W BARRICK 4515 ROLO CT MECHANICSBURG PA 17055-5889-156 ACCOUNT NUA1&EA• 4313 02701470 3430 NEWSALANCETOTAL $5,624.74 PAYNENT DUE DATE: 03/01/08 dry/tiylfln-AMMM Drc I, at Mad !his payment coupon along **h.9 check or money wder,aayabb ta: FIA CARD SERVICES ,:S24022251011: 093570 i14703430u¦ M&T Bank U31364-1 194603?t?1 ?11°4 Piepert9df-.. DOUGLAS W BARRICK August 2007 Statement Credit Lix: $4,500.00 4313 02M 1470 3430 Cash orCrldYtAvadable: $0.00 Summary of Transactions Billing Cycle and Payment Information Previous Balance $4,747.82 Days in Billing Cycle 31 Payments and Credits - $0.00 Closing Date 08/06/07 Cash Advances + $0.00 PtlrChsses and Adjustments + $110.64 Payment Due Date 09/01/07 Periodic Rate Finance Charges + $81.76 Current Payment Due $168.00 Transaction Fee Finance Charges + $0.00 Past Due Amount + $124.00 Total Minimum New Balance Total $4194022 Payment Due em WorldFoints r 3M er to: CARD SE ERVICES P.O. BOX 15726 WILMINGTON, DE 19886-5726 Mai B?7Gnq rnqukres to• FIA CARD SEFIVICES P.O. BOX 15026 WILMINGTON, DE 19850-5026 Call toll-free 1-800-362-6299 TDD hearina-Impaired 1-800-346-3178 WIR1RONCT. RflUVtC %oLUB Pura -469.7 U A •; .:,. , 071,14 . t :.07113' .`.. ; 4350: 3430. C 25.90 LATE FEE FOR PAYM ENT DUE 08/01 08/01 08101 4773 C ' 38,00 08r08 :..:0&0f3 ?N6 _ _ .._ k574 WOPXDPOINT3 26 MONTHLY EARNINGS 0 BONUS POINTS THIS 380NM 5,341 POINTS AVAILABLI 00 TO FIACARDSIRVICZ9.COK FOR POINTS HISTORY AND C06REPT BONUS POINT OFFIRS f-OrrSWOROM Annuar Bwff ce sx4d t to 9yeq91x padodic Rete )%/VMNAI* hate F uvwo Chame Cash Advances A. Balance Transfers, Checks 0.054767% DLY 19.99% $0,00 B. ATM, Bank 0.054767% DLY 19.99% $0,00 C. Purchases _ 0.054767% DLY 1999% _ $4.815.61 {includes Periodic Rate Finance Charges and Transaction Fee Finance Charees_l 19.99% YOUR BALANCE EXCEEDS APPROVED CREDIT UMITS TO HELP YOU BRING YOUR ACCOUNT BALANCE UNDER THE CREDIT LIMIT, WE HAVE BEGUN TO WANE YOUR OVERUMIT FEE. ONCE YOUR BALANCE IS UNDER THE LIMIT, THE FEE WILL. BE REINSTATED IF THE ACCOUNT AGAIN EXCEEDS THE CREDIT LIMIT. 06 0044402200029200000135000004313027014703430 FIA CARD SERVICES Check here for a change of mmWvg addressor phone numb&(*, Pkaw provide all corrections on the rerenre skis. P.O. BOX 15726 Payment Information WILMINGTON, DE 19886-5726 ACCOUNTNUMBER.? 4313027014703430 DOUGLAS W HARRICK 4515 ROLO CT MECHANICSBURG PA 17055-5869-156 IVEWa64LANCE TOTAL: $4,940.22 PAYMENT DUE DATE• 09!01/07 E MW AWA.rnrwaa,.r dWa...r II MeM #Ws payment ooupon wong with it check or money ordarpryab/e to FIA CARD SERVICES i? tail am sly 1:5 240 2 2 2 501: 093570 i47034301Ia M&T Bank PrOPAFedfa- DOUGLAS W 6ARAICK 4313 02701470 3430 August 2007 Statement WOrICLPOll1tS /AY N Cra* brie: $4,500.00 CaMorCraditAvadhble: ZOAO Important Information About Your Acc.ounl Continued YOU ARE A VALUED CUSTOMER. WE WANT TO MAKE SURE YOU ARE AWARE THAT WE HAVE NOT RECEIVED YOUR PAYMENT. PLEASE SEND THE AMOUNT DUE TODAY„ IF IT HAS BEEN MAILED, THANK YOU. MEN M&T Bank U31369'-7gq-1( P-ainnsdror. DOUGLAS W BARRICK September 2007 Statement Credit Line: $4.600.00 4313 0270 1470 3430 Cash orCroa6tAvarlab1*. $0.00 Wormpoints 0!? rormrormarrovrrn WWACCOLV VISt • + www.tiacardser ricesmrn Summa of Transactions Billin C cle a d P t I f ti '?P°?? tO ry g y n ayme n n orma on FIA CARD SERVICES Previous Balance $4,94022 Days in Billing Cycle 31 P.O. BOX 15726 Payments and Credits - $175.90 Closing Date 09/0W07 WILMINGTON, DE 198865726 Cash Advances + $0.00 AwBr**Ingukiw1a Purchases and Adjustments + $84.78 Payment Due Date OW/2W07 FIA CARD SERVICES Perkdc Rate Finance Charges + $81.80 Current Payment Due $168.00 P.O. BOX 15026 Transaction Fee Finance Charges + $0.00 Past Due Amount + $142.00 WILMINGTON. DE 19850-5026 Total Minimum Cal toll-tree 1-800-362-6299 Now Balance Total 54,93088 Payment Due a-Eim, TDDhearing-irrpaired 1-B00-348-3176 / Posting Transaction Reference Account laments and Credits Date Date Number Number Category Amount PAYMENT- THMKYCXI.. ,00106 : : : =: 150AOCR DIS DISNEY MOVIE CLUB 800-362-4587 CA 08/09 4885 3430 25.90 CR 092WWI CAY Purchases and "yortments 1AM FEE FOR PAYMENT DUE 001.... • 09?Ot. 09 01 . , 47$4: • - 'C 38.00 CREDIT PROTECTION PLAN 09/06 09J06 5006 C 45.78 VORI.DPOINTS 26- MONTHLY ZARNINOS 0 BONUS POINTS THIS MONTH 5,915 POINTS AVAILAHI.E 00 TO FIACARDSERVICE9.COM FOR POINTS HISTORY AND CUMM T! BONUS POINT OFr1PS Category Periodic Rate rr0rr0AWnvm9 Amaral Psrnentige Rate 6awwo St4wf to Finance Change IN Advances A. Balance Transfers, Checks 0.054787% DLY 19.99% $0.00 B. ATM, Bank 0-05478796 DLY 19.99% $0.00 C. Purchases 0.054767% DLY 1999% $4,817,83 Annual Percentage Rate for this Billing Period: ILidudes Perio?c Aate Finanoe Charges and Trar>9aclion Fee Finance CharcLee.) 1899% YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS Important Information About Your Account Continued 06 00493088000310000001500000043130270147034=10 FIA CARD SERVICES P.O. BOX 15726 WILMINGTON, DE 19886-5726 lulilItlaI III IIII IN Bilge oil 111111111151011 is IIIIII DOUGLAS W BARRICK 4515 ROLO CT MECHANICSBURG PA 17055-5889-156 Gmek has for a change of msing Address or p1om number(s). P"m Provide at corrections on the reverse side. ACCOUNT NUMBER.- 4313 02701470 3430 NEW a4LANCE TOTAL: 54,930.88 PAYMENT DUEL ATE. 09/2WV07 ew.r Alprrwrwwa,w eva see Maf V* payment COW-along with a check Ormaney ornbrpeyabie to: FIA CARD SERVICES 1:5 240 2 2 2 501: 093S701,47034300 M&T Bank Pmpvedta- DOU13LAS W BARRICK 4313 02701470 3430 September 2007 Statement WorldPoints 3M/ Credit Line: $4.500.00 Cash or Cra*Avaalabt&. f 0.00 YOU ARE A VALUED CUSTOMER. WE WANT TO MAKE SURE YOU ARE AWARE THAT WE HAVE NOT RECENED YOUR PAYMENT. PLEASE SEND THE AMOUNT DUE TODAY. IF IT HAS BEEN MAILED, THANK YOU. OF P 3; ?: Our File No.: 190511 C1,CH, LLC Plaintiff vs. DOUGLAS W BARRICK Defendant ? ;4-- 1 P- NO.: 09-2941 11-ED -OFFICE P OTNONOTARt 400 JUL. 29 PM I: ` 5 "J SERLAND COUNT;' PENNSYLVANIA PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. 1. Matter to be Argued: Defendant's Preliminary Objections 2. Counsel who will argue cases: Benjamin J. Cavallaro Esquire Attorney for Plaintiff 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 SHANA WALTER Attorney for Defendant 213-A NORTH FRONT ST HARRISBURG, PA 17101 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 26, 2011 BY: • __ . Benjamin Cavallaro, Esquire -Attorney for Plaintiff Dated: July 25, 2011 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.