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Home My WebLink About09-66612064884 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 CACH, LLC 4340 SOUTH MONACO STREET, DENVER,CO 80237 vs. LUCAS H FLIPPEN 230 PROWELL DR CAMP HILL PA 17011-1467 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : A-(o(pw civil lem 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 JUDGEMENT 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, CACH, LLC a debt buyer and successor in interest to the original creditor, BANK OF AMERICA, N.A.. 2. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the original creditor under the terms of which the original creditor agreed to extend to defendant(s)the use of original creditor's credit facilities. 3. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the original creditor for the use of said credit card. 4. The defendant(s)received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the original creditor. A true and correct copy of the Statement of Account, if available, is attached hereto as Exhibit "A". 5. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due as of September 3, 2009 in the amount of $6,941.70. 6. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 7. Defendant's last payment on account was made on 12/29/2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $6,941.70 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. EIN G, ESQUIRE JOEL M. FLIN ,ESQUIRE Attorney for Plaintiff POIP.DB 2064884 12660131 CACH, LLC LUCAS H FLIPPEN 4888937994490508 VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. l?- NAME 1l1/ NDY D. ,JACKSON' EXHIEIT "A" 2064884 AFFIDAVIT OF CLAIM STATE OF COLORADO ) (DENVER ) ss. COUNTY OF ) I, WENnY D- • ACK i my sworn on oath or upon affirmation, depose and state that I am the authorized agent and a custodian of record of CACH, LLC, the plaintiff in the case captioned CACH, LLC vs. LUCAS H FLIPPEN , that I am of legal age with full authority to make the statements contained herein, that I declare under penalty of perjury under the laws of the State of Pennsylvania that the following is true and correct, and if called as a witness I could competently testify to the matters stated herein as follows: 1. I have reviewed the books and records of Plaintiff and am familiar with the account of LUCAS H FLIPPEN (the "Defendant'). Plaintiffs books and records contain account records and information of the account referenced below provided to Plaintiff by the Original Creditor referenced below or its assignee. The records are kept in the ordinary course of a regularly conducted business activity and are made either by a person having personal knowledge of the information contained therein, and I know from my experience in reviewing such records and from common knowledge of how credit cards work that those records are made and maintained by individuals who have a business duty to make entries in the records accurately at or near the time of the event that they record. 2. The records consist of both hard copy information and electronic information that is generated, stored and maintained in accordance with generally accepted standards in the retail and financial industries by individuals that possess the knowledge and training necessary to ensure the accuracy and reliability of the records. 3. The business records furnished to Plaintiff show that Defendant opened a credit card account with BANK OF AMERICA, N.A. ("Original Creditor") bearing account number 4888937994490508 (the "Account"). 4. The Defendant defaulted in his/her payments to the Original Creditor. 5. For good and valuable consideration, Plaintiff purchased the Account from the Original Creditor or its assignee and Plaintiff is the current creditor of the Account. 6. All credits and payments have been properly applied, Defendant is not entitled to any additional credits or offsets on the account of any kind, and the balance as set forth herein is currently due and owing. 7. There is now due and payable from the Defendant the sum of $5,489.89 plus interest of $1,240.87 at the rate of 27.5% less credits in the amount of $.00 totaling $6,730.76 as of July 14, 2009. 8. To the best of Affiant's knowledge and based upon information provided by the Original Creditor and a search of the data banks of the Department of Defense Manpower Data Center said Defendant is not in the active military service of the United States. Further Affiant sayeth not. Dated this day ofUT_i M92009 CACH, L C By. Print Name: Lp?§"Jjy D- SOlV Title: Authorized Agent and Custodian of Records Subscribed and sworn to before me on t a F ?. C, V 0TA'gy?' My Commission Expires 0311912012 . Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Pagel of 2 JUL-20-2009 08:30:58 Last Name First/Middle Begin Date Active Duty Status Service/Agency FLIPPEN LUCAS H Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. y6t 4*4_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/20/2009 0 FILE Four F Thr F . ur 1,N0TAW 2009 OCT -b PM I : 50 CGS 14 :iNTY 4N. so Pb ATT-/ art Sao RT* aacsa7 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant OFF ;E 'KE ?"ERIFF (t'^ . ,,,.?- 4IL L?J?"J-. I I?? i I-)N THE r? F-.? ,.1 TAP Y 20,99 OCT 15 AN 9: 10 CU{1i.: jNTf Y Edward L Schorpp Solicitor Cach, LLC Case Number vs. Lucas H. Flippen 2009-6661 SHERIFF'S RETURN OF SERVICE 10/12/2009 08:40 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2009 at 2040 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lucas H. Flippen, by making known unto David Clouser, adult in charge at 230 Prowell Drive Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS October 13, 2009 R THOMAS KLINE, SHERIFF By Depu y Sheriff