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HomeMy WebLinkAbout10-3179THIS IS AN ASSESSMENT 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 rT gIl CACH, LLC 4340 SOUTH MONACO STREET, DENVER,CO 80237 Vs. JEFFREY R NANGEL 709 MCCORMICK ROAD MECHANICSBURG PA 17055 NOTICE 2085086 ARBITRATION MATTER. OF DAMAGES HEARING REQUIRED. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : Id - 31r79 ra 0 -c w w m? < ai,-,( Ierpt 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 O 32 S. BEDFORD STREET CARLISLE, PA 17013Qc'?.00 PA A (717) 249-3166 ee119iol ?,w a ? a oa? COMPLAINT IN CIVIL-ACTION 1. Plaintiff, CACH, LLC is a debt buyer and successor in interest to FIA CARD SERVICES, INC as successor in interest to FLEET BANK. 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)tae 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 or Affidavit 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 May 4, 2010 in the amount of $3,106.32. 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 7/15/2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,106.32 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC . WE BERG, ESQUIRE JOEL M. FL , ESQUIRE Attorney for Plaintiff PO1P3.DB 2085086 9006635 CACII, LI.C JEFFREY R NANGEL 4888931990152600 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 ofcounscl, plaintiff has relied upon counsel in making this vcrificalion. This verification is nindc Subject to 18 l1a.C.S. §4904 which provides for certain penalties for making false statements. om vi NAME 2085086 AFFIDAVIT I,3 (' u%l STATE OF COLORADO } COUNTY OF_"??/? } I F OM VIGIL _,being first duly sworn on oath or upon affirmation, depose and state that I am the authorized agent and a custodian of record of CACTI, LLC, the plaintiff in the case captioned Ci1CH, LLC vs. JEFFREY R NANGEL , tbat T 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: I. I have reviewed the books and records of Plainl.iff and am familiar with the account of JEFFREY R NANGEL (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 arc 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 ore 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 [lie retail and financial industries by individuals that possess the knowledge and'training necessary to ensure tlhc accuracy and reliability of the records. 3. The business records furnished to plaintiff show dual IM'C"danl ohuned a credit card ;Jcaxnt[ with rat CT'r RANK ("Original Creditor") bearing account munhcr t,tit;Fu 1,»nl,26ntt (tl,r 'Account"), The Defendant defaulted in Iiis/her payments to the Original Creditor. 5. For good and valuable consideration, Plaintifi'purchased the Account from the Original Creditor or its assignee and PlaintilTis 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 Burn of 51,964.90 plus interest of 9 73.33 at the rate of 32.24% Iess credits in the umount of 5.00 totaling S3.038.23 as oCApril 8. 2010. 8. To the best of Affiant's knowledge and based upon information provided by the Original Creditor and a starch 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 sayet:h not. Dated this day APR - 19 zol 2010 CACII, LLC Title: Authorized Agent and Ctrslocltan of Rct:nrds Subscribed and sworn to before me on this Jay of APR 1 920121)10 wd 0 R y • • jt 1 ' • G ?g12012 My Camtnusiort i~xpites 031 Notary Public My C:on,mission Expires: Department of Defense Manpower Data Center Apr-15-2010 10,23,. 11 File 8: 4880931990152500 Migtary status Report Pursuarit.to the Service Members CMI Relief Act 0 . ?77: 7-T" IT • DAta Oft y0 ?1?i1CS . -Agency J:': :1.. . NANGEL JEFFREY R ;Based on the informavon yam, have furnished, the DMDC does not poaaeas a nyiritormatfon Indlcating the indhndual status. 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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. SnaveV[lb bn, Director Department of Defense - Manpower Data Center 1600 YMen 13M,, Sulte 400 Arlington, VA 22209-2599 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 date on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of The Service Members Civil Relief Act (50 USC App;.§§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC hot issued hundreds Of thousands of."does not possess any information .indica ... that>ne irtcNviduei is currently on active duly' responses, and has-fttpedenced. a small error rate. In the event the individual referenced[abave, or any family member, friend, or representative asserts in only mariner 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 status by contacting that person's Service via the "defenselink,mil" URL http:fhvww.defensOink,miVfagfpis4PC09SLDR,hbnl. 9 you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional 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 active duty status including date the Individual was last on active duty, if It was within the preceding 367 days. For histodcel information, please contact the Service SCRA points-of-contact. Mom fnformallon'on "Acdve Duty Status I Active duty status as reported in this ceftMcete is defined in accordance with 10 USC § 101(d)(1) for a period of more then 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC §502M for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserye'(AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also apples to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more then 30 consecutive days. Covwwa U+idvr the SCRA is Broader in Some Cares Coverage under the SCRA is' broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Merry times orders ark amended to mdend the period of active ditty, v& ch would extend SCRA protections. Persons seeking to rely on this website cert ficati on-should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates df service: Furthermore, some protections of the SCRA may extend to persons'Mo have received orders to'report for active duty or to be inducted, but who b" not actuelty begun active duty or actually reported for induction. The Last Date on Active Duty army is Important because a number of protections of SCRA extend beyond the lest dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:FGUBQTMVKU Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOiICItOf ~,xr cC ~u+r-bcrl ~ ~ ~ - k~t~y.• lrliit~: - 1~ .1;.jjV1 I QFFICE QF THE SHERIFF i' ~` f' VJ ttl..a~ ~ ~ti~ Cach, LLC vs. Jeffrey R. Nangel Case Number 2010-3179 SHERIFF'S RETURN OF SERVICE 06/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Jeffrey R. Nangel, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Jeffrey R Nangel. Request for service at 709 McCormick Road, Mechanicsburg, PA 17055 Jeffrey R. Nangel was not found. To date The Mechanicsburg Postmaster has not confirmed Jeffrey R. Nangel's current address. SHERIFF COST: $42.00 June 16, 2010 SHERIFF'S OFFICE OF CUMBERLAND CO~JNTY ILEA-! . °,,~= SO ANSWERS, RON R ANDERSON, SHERIFF !c) GountySuite Sheriff. TeleosofL Inc. k 2085086 GORDON & WEINBERG, P.C. .�.� -_V- BY: ' FREDERIC I . WEINBERG, ESQUIRE U)r— — 7' Identification No. : 41360 -<> �� r JOEL M. FLINK, ESQUIRE � - Identification No. : 41200 _C= 1001 E. Hector Street, Ste 220 : ' Conshohocken, PA 19428 _ P-0 =` 48.4/351-0500 CACH, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY VS . DOCKET NO. 10-3179 JEFFREY. R NANGEL PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. BY: FREDERIC I . kaNBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff P006 CERTIFICATION OF SERVICE I, FREDERIC I . WEINBERG, ESQUIRE, hereby certify that I, on the date. below, served a copy of the Praecipe to Withdraw Complaint to Pa. R.C. P. 1028 (c) (1) , via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIGI. WEINBERG, ESQUIRE Dated �g