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HomeMy WebLinkAbout09-4475Our File No.: 211685 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. CHERYL HEISHMAN 131 N SPORTING HILL RD MECHANICSBURG, PA 17050-2438 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Oq - g475 NOTICE a-tvit l e m 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.: 211685 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 vs. Plaintiff, CHERYL HEISHMAN 131 N SPORTING HILL RD MECHANICSBURG, PA 17050-2438 Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. o ? - yy7 S C N-1 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 CHERYL HEISHMAN, an adult individual residing at 131 N SPORTING HILL RD MECHANICSBURG, PA 17050-2438. 3. Plaintiff, CACH, LLC, is the Assignee and Successor in Interest of Account #5458001546008032; 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 $2,973.15. 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 $2,973.15 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney tiff A Law Firm En ged ')(Debt Collection BY: David Dated: 6/30/2009 , Esquire Our File No.: 211685 VERIFICATION David Anothaker 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 made subject to the penalties of 18 Pa.C.S.A. 4904 understands that the statements therein are unworn falsification to authorities. David J. Apo aker, Esquire Attorney for Plaintiff DATE: 6/30/2009 CACH, LLC CHERYL HEISHMAN 131 N SPORTING HILL RD MECHANICSBURG, PA 17050-2438 STATEMENT OF ACCOUNT Debtor's Name: CHERYL HEISHMAN Account Number: 5458001546008032 Original Creditor: METRIS Balance Due: $2,973.15 Our File No.: 211685 EXHIBIT "A" 0 - 6 p 1 0 2D09 JUL GUI; { r YSI i...: Jj' •? ?f '18.50 PD ATTY Gay 14ta 3a a-t ouh&oa Sheriffs Office of Cumberland County R Thomas Kline Sheri ?yxtr 4t ?ut?brr(? Ronny R Anderson ?? ?0 Chief Deputy Jody S Smith Civil Process Sergeant OFFICE 0 "'E-14ERIFF Edward L Schorpp Solicitor Cach, LLC vs. Cheryl Heishman Case Number 2009-4475 SHERIFF'S RETURN OF SERVICE 07/07/2009 06:23 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 7, 2009 at 1823 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Cheryl Heishman, by making known unto herself personally, defendant at 131 N. Sporting Hill Road Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 July 08, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF s Deput Sherif- C"? ?v ;' r7 ` ; r ?` . f T11T; = C OCAL--T CC"' ;Zo?? Ilo?<-ghP ?p ooc? Coy +?y75 1 rnm 8a5y 1J?Y. ??" lawn t ?czur? ?, t,) b P ?G, n4-. VS 1-?eishme, n nP c i-)crn; c 5 bc? r, a ?7o5c) -Z 13? DL ?C"OCA Gn A r-) 5 U--? 'e r ?ar >?C:Ct3c.?n? ?' SLI?Bon??N(pbd?3Z, :--?- be4--v- balan?e. C)?1 - h??t??,en U c?(;Go??v,? s )n cUrr?, n c ?n o?.-a.? 1-v cl ? ?. 6 ? .?.1 5 ; n c? r? c? C c? r r7 mU i r ? Ca -?; o rr c? de ??. =L ha" c -?a -?zt I a -?hre e C'rPc?- -? C'Grc15 ?ne_ -? u5 Pp;d ,)d Cx r" CL-trrti,)?ct r??crk•n? r ,% f ?ti? v?her-S 7?,e /Y1 Cc 7U 1 ?r ?Cl4r1C? I, /Ice 6? e 7//mss t ;,5 , hC l? E C u PS??`Gr?C?? be CMG u j (- N(Jn? Q (Y?c? Oa rc/S ha6 avi C, CL F-o (- +4u-' a b©u e r -c,)G so n r tau u r a bca 10 nc. e Q? 9 oci r 7- 2 ?r` Oct FILE D- :ri iCE -)F T?r NOT 2003 JUL 27 AM 8: 54 CI,..Iil+?G.t",F_.? i i.?J t?V}V!Y•1 2 PrI rNNSYLYANLA CACH. LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. CHERYL HEISHMAN 131 N SPORTING HILL ROAD MECHANICSBURG, PA 17050-2438 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 094475 Civil Term ANSWER TO: NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGEMENT BY DEFAULT Date of Notice: August 05, 2009 Date of Answer: August 13, 2009 I am attaching a copy of the answer that I submitted in reference to the first notice. My answer was received on the 21't day after the date on the court seal. I had attempted to deliver my answer on the 18`h day, however due to severe storms in our area, I was delayed in traffic and I arrived in Carlisle at the time the office was closing, therefore I was unable to file on that day. I did return the following Monday morning and filed my answer at that time. I am asking the court to please accept my answer to the original notice, so my objections to the claim against me can be heard. Cheryl Heishman CACH, LLC vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY CHERYL HEISHMAN NO. 09-4475 CIVIL TERM ANSWER TO: NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGEMENT BY DEFAULT Date of Notice: August 05, 2009 Date of Answer: August 13, 2009 I am attaching a copy of the answer that I submitted in reference to the first notice. My answer was received on the 21St day after the date on the court seal. I had attempted to deliver my answer on the 18th day, however due to severe storms in our area, I was delayed in traffic and I arrived in Carlisle at the time the office was closing, therefore I was unable to file on that day. I did return the following Monday morning and filed my answer at that time. I am asking the court to please accept my answer to the original notice, so my objections to the claim against me can be heard. Cheryl Heishman JAm'16 ?.?LN Ll_C L?° q?C?/)a ker c ?6soc; c? 4e ?C 52 o Fe 1/ow5h, ?o Rcncl C 3UG N1GL,nf N)' b3d5?/ P /o?r7Yi?F v6 }? e y l-/ e i s h n?c fI t,4 n -PC, (????l?c,?iCSh<<r? cl 170 50 ,2L13,? De, vc,.ck C;rl ? HY7Su-, er CouC'r cif- (_G rv)mcN ? 1,45 0 Ljtvj 3C,_ L A10b 0664 ,Kl-r `/ N 0: 1' - yy75 0 i 0 ; I I i rt---) N c ?y Jam' ? ?? yr' 2r? '.?,'? C rn c'n ?Cgr ?1 <- cc(3c.(n v 5L/5?oa I ?yCoDa 3z C-COLin + ? S j f', C Ur??? /5 U /)(Iv •e i7 ?r>c)Lkj u n C? ?' C? r Cl n 1 h s Of- Ohre e Po' d "??? _ Grp 5 Cn? 07 1,5 C, teC,: C-1 L) Cr?cl; oc `l ?Q?c?S cf c< ro 4ke- a ?o c.? e 4-f' ? Son 5 ? c?'5 n? ram ? ba Ic CACH. LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff VS. CHERYL HEISHMAN 131 N SPORTING HILL ROAD MECHANICSBURG, PA 17050-2438 Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-4475 Civil Term ANSWER TO: For Account #5458001546008032, I believe the balance on the Statement of Account is incorrect. I also have no knowledge of any communication with METRIS, in trying to collect on this debt. I have a total of three credit cards, one I just paid in full, and I am currently working with the others to get them to a 0 balance. This is one that I would have questioned because none of my cards had an available credit over $1,500.00 For the above reasons, I object to the plaintiff asking for a balance of $2,973.15 plus court costs. Cheryl Heishman Defendant M ?H' OF THE PROTH TARP W AUG 13 PM 2:4 6 MO r1 ?