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HomeMy WebLinkAbout09-7811Leonard A. Sanguedolce, Esquire Attorney for Plaintiff, CACH, LLC. Law Offices: Harrison Ross Byck, Esq., P.C. 15 Public Square, Suite 202 Wilkes-Barre, PA 18701 Phone: (570) 823-0101 Fax: (570) 825-7799 CACH, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. MICHAEL FLYNN, Defendant NO. Oq - g811 aivitl Te.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, 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 800-990-9108 Leonard A. Sanguedolce, Esquire Attorney for Plaintiff, CACH, LLC. Law Offices: Harrison Ross Byck, Esq., P.C. 15 Public Square, Suite 202 Wilkes-Barre, PA 18701 Phone: (570) 823-0101 Fax: (570) 825-7799 CACH, LLC Plaintiff VS. MICHAEL FLYNN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - - LAW Defendant No. of- 71// COMPLAINT AND NOW, comes the Plaintiff, CACH, LLC, by and through its attorney, Leonard A. Sanguedolce, Esquire and file this, its complaint against the Defendant, MICHAEL FLYNN and in support thereof avers the following: 1. That, the Plaintiff, CACH, LLC is a Delaware corporation with its principal place of business located at 4340 S. Monaco Street-2"d Floor, Denver, Colorado, 80237. 2. That, the Defendant, MICHAEL FLYNN is an adult and competent individual who resides at 1211 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. That, on or about August 20, 2007, Plaintiff and Defendant, MICHAEL FLYNN entered into an agreement for the settlement of an outstanding debt owed by Defendant to Plaintiff. A copy of said agreement is attached hereto, made a part hereof and labeled Exhibit "A". 4. That, as per the terms of the agreement, the Defendant agreed to pay to Plaintiff the sum of TWO THOUSAND SEVEN HUNDRED NINETY ONE and 25/100 ($2,791.25) Dollars payable in twenty four (24) consecutive monthly payments. 5. That, payments were to be due on the first day of every month beginning September, 2007. 6. That, the Defendant, MICHAEL FLYNN made payments totaling one hundred fifteen ($115.00) Dollars on August 17, 2007. 7. That, the Defendant, MICHAEL FLYNN failed to make further payments in breach of the agreement. 8. That, the amount of TWO THOUSAND SIX HUNDRED SEVENTY SIX and 25/100 ($2,676.25) Dollars remains due and owing pursuant to the above referenced agreement. 9. That, pursuant to the agreement, Plaintiff is entitled to reasonable attorney's fees which totals $535.25. 10. That, pursuant to the agreement, Plaintiff is entitled to interest from the date of default. WHEREFORE, Plaintiff, CACH, LLC, respectfully request that this Honorable Court grant Judgment in favor of the Plaintiff and against the Defendant, MICHAEL FLYNN in the amount of $3,211.50, together with costs and interest. Respectfully submitted Leonard A. Sa guedolce, Esquire Attorney for Plaintiff Leonard A. Sanguedolce, Esquire Attorney for Defendant, CACH, LLC Law Offices: 15 Public Square, Suite 202 Wilkes-Barre, PA 18701 Phone: (570) 823-0101 Fax: (570) 825-7799 CACH, LLC, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW MICHAEL FLYNN, Defendants NO. ATTORNEY VERIFICATION The undersigned does hereby verify and state subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsifications to authorities that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by Plaintiff and personally known to him. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsifications to authorities. DATE Leonard A. Sang dolce, Esquire ?` VERIFICATION JESSICA SNODGRASS I, , hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that MICHAEL FLYNN owes the balance of $2,312.47 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. Dated: MAR 3 0 2001 Authorized Representative SETTLEMENT AGREEMENT THIS, agreement is made and entered into on the a 10 day of A(JC4(15+ , 2007 by and between CACH, LLC (hereafter "Creditor") and 11 j MICHAEL FLYNN (hereafter "Debtor"). WHEREAS, the Debtor desires to satisfy the debt owed to the Creditor upon the terms and conditions hereinafter contained. WHEREAS, on or about July 29, 2005, the Debtor was indebted to Providian Bank on credit card account number 4185 5574 9307 8396 in the amount of two thousand three hundred twelve and 47/100 ($2,312.47) Dollars. WHEREAS, on or about December 2, 2005, Providian Bank assigned the above referenced debt, for good and valuable consideration, to CACH, LLC. WHEREAS, pursuant'to the cardholder agreement entered into by the Debtor and Providian Bank, the Creditor is entitled to pre-litigation interest of $0.76 per day from the date of charge-off which is calculated as follows: 11.99% annual percentage rate x $2,312.47 _ 365 or $0.76 X 500 days which equals an additional $378.78. WHEREAS, pursuant to the cardholder agreement entered into by the Debtor and Providian Bank, the Creditor is entitled to reasonable attorney fees in the amount of $100.00. WHEREAS, the total now due and owing by the Debtor to the Creditor on the above referenced matter is two thousand seven hundred ninety one and 25/100 ($2,791.25) Dollars. A of THEREFORE, by mutual consent hereinafter contained and intending to be legally bound hereby the parties agree as follows: 1. MICHAEL FLYNN shall pay his outstanding balance to the creditor as follows: a. Twenty three (23) consecutive monthly payments of $115.00, the first of which shall be due on or before September 1, 2007. b. One (1) final monthly payments of $146.25 which shall be due on or before August 1, 2009. A schedule of payments is attached hereto, made part hereof and labeled Exhibit "A". 2. Payments shall be in the form of check or money order and made payable to Leonard A. Sanguedolce, Esquire. 3. Payments shall be mailed to: Leonard A. Sanguedolce, Esquire 15 Public Square, Suite 202 Wilkes-Barre, PA 18701 4. The Debtor shall be permitted to prepay the amount due in whole or in part at any time. 5. The Creditor agrees to refrain from instituting suit on this matter as long as payments are made in accordance with the terms and conditions of this agreement. 6. In the event that Debtor defaults in making payment under this agreement and such default continues for ten (10) days after notice is provided to the Debtor, the Creditor shall reserve the right to immediately sue for breach of this agreement, including a reasonable attorney's fee. 7. The Creditor shall fully, completely and forever release the Debtor from liability in this matter when the total amount due and owing which equals $2,791.25 is paid in full. In witness whereof, the parties hereinto set their hands and seals the day and year first above written. SIGNATURE(S) DEBTOR: ?'Jtc?ae I ?'1??? (Print Name) (Signature) _.Ale r,J `7v 70 (Mailing Address) Date: ?110/ C? Accepted by Creditor: CACH. LLC (Name of Creditor) Harrison Ross Bvck, Esq. Authorized Representative jPriny Name and Titleq Person Signing Below) nature 229 Plaza Boulevard. Suite 112 Morrisville. PA 19067 (Mailing Address) Date of Acceptance by Creditor, CACH, LLC: (P/07 Payment Number For Month & Year Amount Due Date & Amount Paid 1 1-Se -07 $115.00 2 1-Oct-07 $115.00 3 1-Nov-07 $115.00 4 1-Dec-07 $115.00 5 1-Jan-08 $115.00 6 1-Feb-08 $115.00 7 1-Mar-08 $115.00 8 1-A r-08 $115.00 9 1-May-08 $1.15.00 10 1-Jun-08 $115.00 11 1-Jul-08 $115,00 12 1-Aug-08 $115.00 13 1-Sep-08 $115.00 14 1-Oct-08 $115.00 15 1-Nov-08 $115.00 16 1-Dec-08 $115.00 17 1-Jan-09 $115.00 18 1-Feb-09 $115.00 19 1-Mar-09 $115.00 20 1- r-09 $115.00 21 1-May-09 $115.00 22 1-Jun-09 $115.00 23 1-Jul-09 $115.00 24 1-Au -09 $146.25 TOTAL $2,791.25 EXHIBIT FILED- r -F 7 2%39 N]YY 10 Fti i2: G 3 cu 2 b? 4IS.50 PA aM4 do a 8R3 W A333os SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline j_:~_~;:, ; , , Sheriff ~VtL4~ of t ti ariUrry - ~~ ~ r;+~r Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Cach, LLC vs. Michael Flynn ~4 ,T,{~ ~~ ~ . =~ 4 (~ ' , `; Case Number 2009-7811 SHERIFF'S RETURN OF SERVICE 11/12/2009 05:55 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November 12, 2009 at 1755 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael Flynn, by making known unto himself personally, at 1211 Bridge Street New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.30 November 13, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF ~' Dep y Sheriff