The URL can be used to link to this page

Home My WebLink About09-4009Our File No.: 205378 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. KRISTIN M YOST 503 TERRACE DR NEW CUMBERLAND, PA 17070 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Oq - 14OO9 Oivi(7e-.m 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.: 205378 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. KRISTIN M YOST 503 TERRACE DR NEW CUMBERLAND, PA 17070 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY 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 KRISTIN M YOST, an adult individual residing at 503 TERRACE DR NEW CUMBERLAND, PA 17070. 3. Plaintiff, CACH, LLC, is the Assignee and Successor in Interest of Account #4888921999839711; and said account was issued to Defendant(s) by BANK OF AMERICA, 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 $7,964.93. 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 $7,964.93 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Pl A Law Firm Engaged ' eb Collectioj BY: Dated: 6/10/2009 David J. Our File No.: 205378 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 yngw'-o?n falsification to authorities. David J. Attorney for DATE: 6/10/2009 STATE: OF NORTH CAROLINA CITY OF GREENSBORO AFFIDAVIT OF CI,AIM AND CERTIFICATION OF DEBT ;. i s i Bank of America, N.A. Accountholder: YOST, KRISTIN M Account No.: 4888921999839711, 4888921011692924,4888921011692924 The undersigned, Vicki Kyle, being duty sworn, states and deposes as follows: 1. That Affiant is employed by Bank of America, NA successor in interest to Fleet Bank, MBNA Bank, NA, Nations Bank ("Bank of America") in the position of Bank Officer and is duly authorized to make this affidavit. 2. That FIA Card Services is a wholly owned subsidiary of Bank of America Corporation and is successor in interest to MBNA Bank, NA, Fleet Bank and Bank of America Card Services. 3. 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. 4. 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. 5. That account number 4888921999839711 also known. as 4888921011692924 also known as 4888921011692924 was opened on 6.'4!2007 whose social security number is 172621314. 6. That there is due and payable from YOST, KRISTIN M as of 5117/2008 the sum of $7055.19 withstanding legally chargeable post charge-off interest, pursuant to the terms of the card member agreement with Bank of America. 7. That said agreement and account was, on 511172008 sold, transferred and set over unto C',ACH, LLC, with full authority to do and perform all acts necessary for collection, settlement, adjustment, compromise or satisfaction of the said claim. 8. 1bat as a result of the sale of said account, CACH, LLC ancLor 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. 9. 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. FURTHER AFFIANT SAYE`CH NOT. DATED THIS day of......... _. 2009 BANK AK1Ei,RIaLA„fNA By: Bank O tcer Subscribed and sworn to before me this day of,OR 29 M My commission expires: Notary Seal Notary Public P? tE N 6 2009j? ll,py PU?`JIt',c C:ACH, LLC CH??'s" REWARDS VISA' BaAkofAm ica? Pnparedfor. KRISTIN M YOST I April 2008 Statement Credit Line: $6,000.00 4888 92101169 2924 Cash orCmditAvailabl: Summary of Transactions Billing Cycle and Paymen t Information -free -800-622-8322 TOO h h earinearin Call t Ipaired 1-800-222-7365 g-immpaired Previous Balance $6,94522 Days in Billing Cycle 28 Mm7Psy rwes to: Payments and Credits - $0.00 Closing Date 04108/08 BANK OF AMERICA Cash Advances + $0.00 P.O. BOX 15726 Purchases and Adjustments + $39.00 Payment Due Date 05/03/08 WILMINGTON, DE 19886-5726 Periodic Rate Finance Charges + $70.97 -'Current,Pgyment Due $179.00 My79fflinginguinissto: Transaction Fee Finance Charg es + $0.00 fast Due Amount + $1,286.00 BANK OF AMERICA - Total Minimum P.O. BOX 15026 New Balance Total $7,055.19 7+ 19 Payment Due WILMINGTON, DE 19850-5026 Posting Transaction Reference Account Purchases and Adjustments Date Date Number Number Category Amount LA ?Y)t' 041 03 04103 C 3.00 Corresponding Annual Balance Su4 ect to category Periodic Rate Percentage Rate Finance Chase Cash Advances A. Balance Transfers, Checks 0.036273% DLY ` 13.24% $0.00 B. ATM, Bank 0.058191% DLY' 21.24% $0.00 C. Purchases 0.036273% DLY' 13.24% $6,987.70 Annual Percentage Rate for this Billing Period: 13.24% (Includes Periodic Rate Finance Cha raes and Transaction Fee Finance Charaes.) Periodic Rate May Vary OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS 09 0070551900146500000075000004888921011692924 Check here for a charge of neiNng address or phone number(s). BANK OF AMERICA Please provide IN corrections on the reverse aka. P.O. BOX 15726 WILMINGTON, DE 19886-5726 I??alll?la?l?al?la?laall?aal?lalaa?larl?l?ll??l?alal ACCOUNTNUMBER 4888921011692924 NEWBALANCE TOTAL. $7,055.19 N PAYMENT DUE DATE: 05/03/08 KRISTIN M YOST I ea.ny„WNAn WSWIM*& 503 TERRACE DR ?i NEW CUMBERLND PA 17070-1563-037 Mail this payment coupon along with a check or money older payable to: BANK OF AMERICA 1:5 240 2 2 2 5011: IN 2136LO IN L69292L,un FILES IMF OF THE P' 2009 JUN 15 Pig 1: 53 cuki i::? 'JN?I' +178.6o PO A-11`/ C?tt`i'` 13't 83(p Sheriff s Office of Cumberland County R Thomas Kline ~~~,,ti~+~ ~t ~~r~trGrr~~~~ Sheri ~ ~,; ~ ~ ~~~r Ronny R Anderson Chief Deputy ~~'~~~' ` ~ "~Rir~ Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant Cach, LLC vs. Kristin M. Yost Number SHERIFF'S RETURN OF SERVICE 06/22/2009 06:40 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states hat on June 22, 2009 at 1840 hours, he served a true copy of the within Complaint and Notice, upon th within named defendant, to wit: Kristin M. Yost, by making known unto herself personally, defendant at 5 3 Terrace Drive New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the s me time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.30 June 23, 2009 SO ANSW(E~RS~, ~~~...~ R THOMAS KLINE, ty Sherif FF ,. ru t-a r_-, ~.~ ~, ~~ C.t 1 _.~ ~R _ i __, ='~ -,-: ''.7 ~'" } ('_) f ; _ ;. :, .L "i