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HomeMy WebLinkAbout10-4609i 2065953 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE ` Identification No.. 41360 r. 7' 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 4340 SOUTH MONACO STREET, CUMBERLAND COUNTY DENVER,CO 80237 VS. DOCKET NO. t o - 409 C?v?t?erw? CINDY J MONIGER SR 16 HATHAWAY DR CARLISLE PA 17013 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. S CUMBERLAND COUNTY BAR ASSOCIATION 901.0 Q f4 T71 32 S. BEDFORD STREET L' w Ia's3aq CARLISLE, PA 17013 ayso9& (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, CACH, LLC is a debt buyer and successor in interest to WASHINGTON MUTUAL NATIONAL BANK F/K/A PROVIDIAN NATIONAL 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)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 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 July 6, 2010 in the amount of $10,863.74. 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 1/23/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $10,863.74 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI ERG ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff PO1P3.DB 2065953 11353328 CACH,LLC CINDY J MONIGER SR 5418227821319138 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 mak HWANG 2065953 AFFIDAVIT nF LAIM STATE OF COLORADO ) Denver ) ss. COUNTY OF I, MARIA H VANQ ) being first duly 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. CINDY J MONIGER SR, 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 CINDY J MONIGER SR (the "Defendant'). Plaintiff's 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 WAMU/PROVIDIAN BANK ("Original Creditor") bearing account number 5418227821319138 (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 $8,350.93 plus interest of $1,580.10 at the rate of 11.99% less credits in the amount of $.00 totaling $9,931.03 as of July 27, 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 ofAU G By: Print Name: Title: Authorized Agent and 2009 of Records Subscribed and sworn to before me on this day of AUG O s 2009009 Zu bii c My Commission Expires: 0-1010- PETER HUBER NOTARY PUBLIC STATE OF COLORADO N My Commission Expires 02/03/2010 0 6 2009 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 AUG-06-2009 07:09:36 Last Name First/Middle Begin Date Active Duty Status Service/Agency MONIGER CINDY 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. 01aut orn. 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.htmi 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 8/6/2009 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: BRJGWSGCYAT https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/6/2009 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY <<< f _t ~ .. ~ , r. . ~~~ntr o~ ~~tmbr~.f ~ ~ ~{~ £fF~l~E 4F THE SHERIFF 2Ci0~::~-2 ~'~~ ~.. adta ~ a Pit ~:s3 Y~ Cach, LLC ! Case Number vs. 2010-4609 Cindy J. Moniger, Sr. i SHERI~F'S RETURN OF SERVICE 07/26/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named efendant to wit: Cindy J. Moniger Sr., but was unable to locate him in his bailiwick. He therefore return the within Complaint and Notice as not found as to the defendant Cindy J. Moniger Sr. A neighbor advis d Deputies, Cindy J. Moniger Sr. is moving out. However, The Carlisle Postmaster has advised they are~still delivering Cindy J. Moniger Sr.'s mail to 16 Hathaway Drive, Carlisle,. PA 17013. SHERIFF COST: $38.40 SO ANSWERS, July 26, 2010 RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoft. Inc. 2065953 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 FILpRpj000N0 ARY 43F THE 2011 JhP '3 PM 1 45 CUMBER- YLdAN?RTY PEjjN CACH, LLC VS. CINDY J MONIGER SR 16 HATHAWAY DR CARLISLE PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-4609 PRALCIPB TO REINSTATE C06LAINT TO THE PROTHONOTARY: Kindly reinstate the Plaintiffs' Complaint in Civil Action in the above-captioned matter for an additional thirty (30) days. GORDON & WEINBERG, P.C. BY: FREDERIC I. 4 6INBE , ESQUIRE JOEL M. FLIN IRE t, F Attorney for Plaintiff(s) z7ba tt SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Cach, LLC vs. Cindy J. Moniger, Sr. c J 12 9: E`1BE..tA,a1? ?. y¢ tftiasj', Case Number 2010-4609 SHERIFF'S RETURN OF SERVICE 01/06/2011 07:45 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 6, 2011 at 1945 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Cindy J. Moniger, Sr., by making known unto himself personally, at 16 Hathaway Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 January 07, 2011 TIM BOAC If, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M FLINK, ESQUIRE Identification No.: 41200 1001 E. HECTOR STREET CONSHOHOCKEN, PA 19428 484/351-0500 CACH LLC VS. CINDY J. MONIGER SR 2065953 c c-? -; - i rn- =rn r ? r ? n c ?o or'? COURT OF COMMON PLEAS -- '' CUMBERLAND COUNTY DOCKET NO.: 10-4609 STIPULATION OF SETTLEMENT It is HEREBY STIPULATED AND AGREED that the above-entitled action is settled by agreement of the parties under the following terms and conditions: 1. Defendant and Plaintiff desire to settle the above captioned matter and stipulate that Defendant will pay to the order of Gordon and Weinberg, P.C., attorneys for the Plaintiff, at their offices at 1001 E. Hector Street, Conshohocken, Pennsylvania 19428, for the sum of Six Thousand Four Hundred Twenty and 00/100 ($6,420.00)Dollars in the following matter: a. Twelve (12) equal and consecutive payments of Five Hundred Thirty Five and 00/100 ($535.00) Dollars to be received on or before the 15u' of each month beginning February 15, 2011. 2. Defendant appears generally herein and submits to the jurisdiction of the Court. 3. In the event of a default of any of the above listed conditions and payments, Plaintiff may, upon 10 days notice enter judgment for the relief demanded in the Complaint filed in this matter plus judicial interest of 6 % running from the date of filing. 4. Upon full and final compliance with this stipulation, this action shall be deemed fully settled, discontinued and/or satisfied. 5. In accordance with the terms of this agreement there appears to be a related consent order for judgment held in escrow which will automatically extinguish upon compliance with the above mentioned terms. Joel squire Gordon and Weinberg, P.C. Cindy J. Moniger Sr