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HomeMy WebLinkAbout09-2942IL Our File No.: 202292 APOSTHAKF,R & 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. MARJA H DEWEYER 135 N 21ST CAMP HILL, PA 17011-3809 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. iA- 014LIA 01V4,virs, 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.: 202292 APOTHAKisR & 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. MARJA H DEWEYER 135 N 21ST CAMP HILL, PA 17011-3809 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Q 9 • 14I/ a C,v,.( 7_tz, 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 MARJA H DEWEYER, an adult individual residing at 135 N 21ST CAMP HILL, PA 17011-3809. 3. Plaintiff, CACH, LLC, is the Assignee and Successor in Interest of Account #5490994997829445; 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 $3,924.62. 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". 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 $3,924.62 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER A Law Firm EndageQ in DpKt Collection BY: David J. Apo`thaker, Esquire Dated: 5/5/2009 Our File No.: 202292 a 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 relgt ng o unsworn falsification to authorities. David J. ,pothaker, Esquire Attorney for Plaintiff DATE: 5/5/2009 STATE OF NORTH CAROLINA CITY OF GREENSBORO AFFIDAVIT OF CLAIM AND CERTIFICATION OF DEBT Bank of America, N.A. Accountholder: D WEYFR. MARIA H Account No.: 5490994997829445 The undersigned,. Vicki Kyle, being duly sworn, states and deposes as follows: 1. That Affiant is employed by Batik 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 5490994997829445 was opened on 01/10;01 whose social security number is 156945501. 5. That there is due and payable from DEWFYER, MARJA H as of 5115.12008 the sum of 53227.8 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 5115/2008 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 Aff ant's knowledge, information and belief, there were no uncredited payments, just counterclaims or offsets against said debt when sold. FURTHER AFFIANT SAYETH NOT. ?F- T T Z DATED THIS 2009 '1 P 4C) BANK OF AMERICA, NA ubltc C:. e0i 27, 2. Cfi Bank Officer Subscribed and sworn to before me this day of _-jr q`....... 2009 My commission expires: Notary Seal blic ?. Polla CACTI. LLC 4-18 CACH, LLC MARJA H DEWEYER 135 N 21 ST CAMP HILL, PA 17011-3809 STATEMENT OF ACCOUNT Debtor's Name: Account Number: Original Creditor: Balance Due: Our File No.: 202292 MARJA H DEWEYER 5490994997829445 MARYLAND NATIONAL BANK, N.A. $3,924.62 EXHIBIT "A" ©F T'"?F ,:)O-rHONOTARY 2009 MAY I I Pty I : 09 CUf --NTY Pl---' ?I..5YLVA\fiA # -19.5c) PD A*r7"I a't Issaoo 04.1449s, Sheriffs Office of Cumberland County R Thomas Kline ?r at CuII'djr, Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE -' 7"_ Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/12/2009 05:49 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 12, 2009 at 1749 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Marja H. Deweyer, by making known unto herself personally, defendant at 135 N. 21 st Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS, May 13, 2009 R THOMAS KLINE, SHERIFF 2009-2942 -? By --7--'% Cach, LLC Deputy She VS Marja H. Deweyer ? N l 11 r Our file No.: 202292 ?j APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff Attorney ID# 55140 CACH, LLC Plaintiff, VS. MARJA H DEWEYER Defendant. ! I MAY 2 2009 j U COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-2942 Civil Action STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on May 14, 2009, STIPULATED by and between Plaintiff, CACH, LLC, and Defendant, MARJA H DEWEYER parties as follows: 1. Defendant agrees to pay the sum of $4,107.75, which sum Plaintiff agrees to accept in full settlement of its claim herein, inclusive of counsel fees and court costs. 2. The sum aforesaid of $4,107.75 shall be paid by the by Defendant, MARJA H DEWEYER, to the attorneys for Plaintiff in the following manner: a. $1,000.00 to be paid on or before May 13, 2009; b. $300.00 to be paid on or before the 13th day of each month, beginning June 13, 2009 until paid in full. All checks are to made payable to CACH, LLC, and sent to: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 o ? Our file No.: 202292 3. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation, then, and in that event, Plaintiff shall be entitled to obtain the entry of Judgment against Defendant ex parte, in the sum of $4,107.75, giving Defendant credit for any sums actually paid pursuant to the terms of this Stipulation. 4. In the event of default as aforesaid, and default is not cured within ten (10) days, Plaintiff shall be entitled to obtain the entry of Judgment upon ex parte application, with supporting certification, and with notice to Defendant only in the form of a copy of the application addressed to MARJA H DEWEYER by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged ' t Col ctioi Scian, Esquire MARJA H tr (i r +- a 4 '?? jyt?( 2009 JUN -3 PM 1: l J 'n ITS' r •ptp 4 i +,i ??- E