The URL can be used to link to this page

Home My WebLink About09-80202069424 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. NICOLE LIGHTY 5 ADAMS ST APT #6 ENOLA PA 17025-2814 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO NOTICE :69 -moo ouLL 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 is a debt buyer and successor in interest to FIA Card Services, Inc. f/k/a as MARYLAND NATIONAL BANK, 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 merchand- ise 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 October 15, 2009 in the amount of $2,820.71. 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 5/15/08. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,820.71 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC INBERG, ESQUIRE JOEL M. FL NK, ESQUIRE Attorney for Plaintiff P01P.DB 2069424 13799366 CACH,LLC NICOLE LIGHTY 4264289999316856 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. MARIA"HWANG 2069424 AFFIDAVIT OF CLAIM STATE OF COLORADO COUNTY OF Denver, ss. I, A A 4 R r L` H IAI A N being first duly sworn on oath or upon affirmation, depose and state that I am the au orized agent and a custodian of record of CACH, LLC, the plaintiff in the case captioned CACH, LLC vs. NICOLE LIGHTY , 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 NICOLE LIGHTY (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 MARYLAND NATIONAL BANK, N.A. ("Original Creditor") bearing account number 4264289999316856 (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 $2,420.36 plus interest of $341.10 at the rate of 24.15% less credits in the amount of $.00 totaling $2,761.46 as of September 8, 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. ? Subscribed and sworn to before me on this d SEP 1 2009 ay of , 2009 Notaly Pubtle My Commission Expires: PETER HUBER NOTARY PUBLIC STATE OF COLORADO N My Commission Expires 02/03/2010 ? ? ?'1 Tlat,-.A this riav of " nnQ Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 SEP-11-2009 07:41:08 Last Name First/Middle Begin Date Active Duty Status Service/Agency LIGHTY NICOLE 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. 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://dmdc.osd.mil/scra/owa/scra.prc Select 9/11/2009 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:XUUKFHCHNO https://dmdc.osd.mil/scra/owa/scra.prc_Select 9/11/2009 0 OF THE PROTHOMMMM 2009 Noy 18 PM 2: 13 c ul%---'i ?vo?f IVTY 078 . S??i d. FN? ?? a3 a73? SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor OF'F Tllc -?RWF FILED-C>FICE Yr THF F-PriT`-n1s0;ARY 2009 NOV 24 Aid 8: 37 pr N! ,; .n ?VAINII Cach, LLC vs. Nicole Lighty Case Number 2009-8020 SHERIFF'S RETURN OF SERVICE 11/19/2009 07:27 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2009 at 1927 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Nicole Lighty, by making known unto herself personally, at 5 Adams Street, Apt. 6, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 November 20, 2009 SO ANSWERS, ?000A'4:LW -?6? R THOMAS KLINE, SHERIFF ?^ BY Deputy Sheriff (Cj GbuntySuite ShenfF. Teir osott, in-, GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2069424 ("'~ C~' N ° '~ - ~, n -~ C:':' n, ,~ r` C~ --1 °; ~ r~~ ,_ ;~~ ,-, C_ ~ c--~ ~ CACH, LLC vs. NICOLE EIGHTY -~? w COURT OF COMMON PLEAS w CUMBERLAND COUNTY DOCKET N0. 2009-8020 PRAECIPE FOR ENTRY OF JUDGMEDiT FOR WANT OF AN ANSWER ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $2,820.71 Less: Payments on Account ( $.00) Total: $2,820.71 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. X4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: CACH, LLC and that the last known address of defendant, NICOLE EIGHTY, 5 ADAMS ST APT #6, ENOLA PA 17025-2814. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. ' aoto ~ AND NOW, this ~3~ day of ~Q1'1u(l1``/ ~$0"J Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages as essed at the sum of , $2,820.71 as per the abov ertification. Pro to CORDON & WEIN_ RG, P.C. BY: FREDERIC W NBERG, ESQUIRE JOEL M. I ESQUIRE Attorney for Plaintiff ~ 1 ~4. oo PA A~ C~~ 1O1'i55 a 3c~asY Nohee 1~Ju~ck CORDON & 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 984/351-0500 CACH, LLC vs. NICOLE EIGHTY 2069424 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 2009-8020 NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA NICOLE EIGHTY 5 ADAMS ST APT /t6 ENOLA PA 17025-2814 DATE OF NOTICE/FECHA DEL AVISO: December 10, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEId DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING ARID YOU MAY LOSE YOUR PP,OPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPEP. TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHOI4E THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH IIFORMATION 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 CORDON & WEINBERG, p,C. I ' /j B Y : / ~" FREDERIC:'JI (WEINBERG, ESQUIRE P10D-2 JOEL M./~"p~LINK, ESQUIRE V/ 4 2069424 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET N0. : 2009-8020 NICOLE EIGHTY 5 ADAMS ST APT #6 ENOLA PA 17025-2814 NOTICE Pursuant to Pa.R.Civ,P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. /~ Judgment by Default $2,820.71 ~[ Money Judgment $ ~ Judgment on Award of Arbitrators$ ~ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I, WEINBERG OR JOEL M, FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-050 ~J PROTHONOTARY