HomeMy WebLinkAbout10-5421IN THE COURT OF COMMON PLEAS OF CUMIBERLAN Y'
COUNTY, a010 A" r9 PA 1:39
,„ • ,, i
PENNSYLVANIA J " J
CACH.LLC
VS.
NO: 10 -54al
(2AV 1 l Te, rrn
DIRK A ROBISON
NOTICE TO DEFEND
You have been sued in Court. If you wish to defendant against the claims set fourth in
the following pages, you must take action within (20) days after the Complaint and notice
are served, by entering a written appearance personally or by an attorney and filing in
writing with the Court, your defenses or objections to the claims set fourth 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 of any money
claims or 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 OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET HELP. 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.
LAWYER REFERRAL SERVICE
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
Qa•oo PP AT q
C'I A8411
O .-q 700 /
Harrison Ross Byck, Esq., P.C.
229 Plaza Boulevard
Suite 112
Morrisville, Pennsylvania 19067
1-888-275-6399/(215) 428-0666
Attorney for Plaintiff
#61511
CACH, LLC ) COURT OF COMMON PLEAS
4340 S. MONACO STREET ) CUMBERLAND COUNTY
DENVER, CO 80237 )
Plaintiff, )
VS. 1 No.:
DIRK A ROBISON )
655 MUD LEVEL RD )
SHIPPENSBURG, PA 17257 )
COMPLAINT
To: DIRK A ROBISON
655 MUD LEVEL RD
SHIPPENSBURG, PA 17257
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 the court without further notice may enter
a judgment against you for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
AVISO
Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas
expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la
demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con
abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si
usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin
previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que
usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus
propiedas o otros derechos imporrantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO
SUMCIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
SERVICE DE REFERENCIA LEGAL
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
Plaintiff, CACH, LLC, by its attorney Harrison Ross Byck, by way of complaint against
Defendant DIRK A ROBISON, avers the following:
1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340 S.
Monaco Street, DENVER, CO 80237.
2. Defendant, DIRK A ROBISON, is an individual residing at 655 MUD LEVEL RD,
SHIPPENSBURG, PA 17257.
3. The claims raised in the complaint are subject to an agreement to submit these
claims to arbitration. <Exhibit C>
4. Defendant, DIRK A ROBISON, is indebted to MBNA on an account stated by and
between them in the amount of $7,574.35 which balance was due and unpaid as of
October 31, 2009, for credit card account number 5329090999215142. <Exhibit A>
5. On or about November 19, 2009, MBNA sold the debt for good and valuable
consideration to plaintiff, CACH, LLC <Exhibit B>
6. The Defendant, Dirk A Robison, last tendered a payment on February 24, 2009.
7. A copy of the credit card agreement is attached hereto. <Exhibit C>
8. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A>
9. Plaintiff is entitled to pre-litigation charge-off interest of $5.5988 per day from the
default date ( 26.980% annual percentage rate x $7,574.35 / 365 days) or $5.5988 x 263
days = $1,472.48; which is accrued interest through the date of filing. <Exhibit A> Plus
an award of late fees 0.00, court costs $192.00 and reasonable attorneys fees of $1,514.87
as stated in the Cardholder Agreement attached hereto as <Exhibit C>.
10. The defendant, being indebted to the plaintiff in the sum of $10,753.70 upon the account
stated by and between them did promise to pay said sums upon demand. Demand has
been made for payment of $10,753.70 and the defendant has failed to remit payment.
WHEREFORE, plaintiff demands judgment against the defendant for $10,753.70
together with other interest and costs of suit.
Date: August 9, 2010
EXHIBIT A
Prepared for. DIRK A ROBISON
Account Numb-.. 5329 09001106 9147
Summarv of Transactions
Previous Balance $6,414.63
Payments and Credits $200.00
Purchases and Adjustments + $0.00
Periodic Rate Finance Charges + $100.59
Transaction Fee Finance Charges + $0.00
New Balance Total
$6,315.22
February 2009 Statement
Credit Line: $11,500.00
Cash or Credit Available: $5,184.78
Billing Cvcle and Pavment Information
Days in Billing Cycle 29
Closing Date 02/03/09
Payment Due Date 02/28109
Current Payment Due $162.00
Past Due Amount + $0.00
Total Minimum
Payment Due
FIA CARD SERVICES'"
For/nformebon on YourAocount Kat
www.fiacardearvices.com
Call toll-free 1-800-362-6299
TDD hearing-impaired 1-800-346-3178
Mad Pa} "&* to..
FIA CARD SERVICES
P.O. BOX 15019
WILMINGTON, DE 19886-5019
Mail Billing/nquures to:
FIA CARD SERVICES
P.O. BOX 15026
WILMINGTON, DE 19850-5026
Promotional Posting Transaction Reference Account
P ments and Credits Offer ID Date Date Number Number Amount
PAYMENT -` THANK YOLI, 01126 01/24 200M CA
Promotional CorrespondingAnnusf APR Bataace Subject to
Category Transaction Types Daly Periodic Rate Pbnxntage Rate Type Finance Charge
Balance Transfers 0.073945% V 26.99% S $3,314.37
Offer GGBG-M02HG ST, CB, DB 0.000000% 0.00% P
Cash Advances 0.07394596 V 26.99% S $0.00
Purchases 0.073945% V 26.99% S $1,376.64
Annual Percentage Rate for this Billing Period: 26.98%
(Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds
the Corresponding APR above.)
APR Type Definitions: Promotional Transaction Types: BT = Balance Transfer, CB = Check treated as Balance Transfer, DB = Direct Deposit treated as Balance
Transfer; Daily Interest Rate Type: V= Variable Rate (Interest Rate may vary); APR Type: S= Standard APR (APR normally in effect), P= Promotional APR (APR for
limited time on eligible transactions)
04 00631522D001620000U20UDUOOU5329090011069147
Check hero for a change of mailing address or phone numbers}
PMoo provide sA corrections on the reverse lids.
FIA CARD SERVICES
P.O. BOX 15019
WILMINGTON, DE 19886-5019
ACCOUNT NUMBER- 5329 0900 1 106 9147
NEW BALANCE TOTAL: $6,315.22
PAYMENT DUE DATE.- 02/28/09
DIRK A ROBISON
655 MUD LEVEL RD
SHIPPENSBURG PA 17257-9519-554
rer rAe Pw mAmow teara..a
Mail this payment coupon along with a
check or money orderpayable to. FIA CARD SERVICES
-
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1:5 2 40 2 2 2 50II: L38LOO LLO 69LLo 711¦
IMPORTANT Bt1PORINATM ABOUT IM ACCOUNT USE 211 Rev. 04/08
CI/ITOt ITAT BMllIIT OF D/SPUT t R!M - Please call toil fire 1.866.266.0212 Monday-Thursday Sam-9 pm (Eastern Torre), Friday 8am-7pm (Eastern
Time) and Saturday Sam-6pm (Eastern Time). For prompt service please have the merchant reference number(s) available for the charge(s) in question.
DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL
Your Name:
Transaction Date: Posting Date:
Amount $: Disputed Amount $:
j? 1. Theatrntmtof thecInawrge was increased from $ to $ or my sales
slip was added incorrectly. Enclosed is a copy sot es s ip t shows t?mount
Q 2.1 ceti that the charge listed above was not made by me or a person authoized by me m use myy card, not
wrote the goods or swvu es represented by the transaction received by me or a person authorized n1' me.
Q 3. I have not received the meeehandise that was to be shipped to me on _/ I_ (MMI)D/YY).
I have asked the merchant to credit my account
4. t was issued a credit slip that was notshown on my statement. A copy of mycmlit slip is enclosed.
The merchant has up to 30 clays to credit your account.
5. Merchandise that vvas shieppd to me has arrived ep?,dd and/or defective. I returned it on
/ / (MMIDDNY) and asked the mercuric to credit my account. Attach a letter describing
tl-ow the r»ese was damaged and/or defective and a copy of the proof of tetum.
6. Although I did engage in the above transaction, I have contacted the merchant, returned the meadiandise
on / f (MM/DDNY) and requested a credit. I either did not receive ttus credit or it was
unsad? cacaxyax?y trc?i a Ironer explaining why you am gg this charge with a copy of the proof of
return if you areunableto return the merchandise pleaW CXP .
7.1 certify that the charge in question was a lint transaction, but was posted twice to my statement.
I did not authain the second transaction. Sale #1$ Reference #
Sale #2 $ Reference
#
GRACE P11111IOD
"Grate Period" means the period of time during a billing cycle when you will not aa-ttae
Periodic Rate Finance Charges on certain transacnotu or balano m There is no Grace Period for
Balance Transfers and Cash Advances. If }vu pay in full this statements New 13alartcc Total by
its Payment Due Date arel if you paid in full dus statetttettt's Previous Balance in thtentettt's
billing cycle, thenyou will have a Grace Period dotting doe billing cycle that began oty after
this satement's rising Date on the Purchase portions of this statement's New BaTotal
motional Rate Offer: l) tea Periodil Rate Ftttance TL
obalances ith the 0% Promotional Rate; and 2) you must pay the Total Mirn Paym?ht
motion rum off event" as defined n
Due by has Pays tt Due Dare (and avoid any otter "pro
g a Pro
your Credit rd Agreetrtent) to maintain the 0% Protndxional Rate.
* * If a corresponding Annual Pet>xrttage Race in tore Finance Charge Schedule on the front
of this statement contains a "* *" symbol, then with respect to those balances: l) the 0%
Promotional Rate will expire at the end of the torso billing cycle, and 2) you must pay this
statement's New Balance Total by its Payment Due Date to avoid Periodic Rate Finance Charges
after the end of the 0% Promotional Rate Offer on those balances existing as of the Closing
Date of this statement
CALCULATION OF BALANCIM SUBJECT TO FINANCE CNAROE
Average Balance Method (including new Balance Transfers and new Cash Advances):
We calculate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances,
and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances We
do this by: (1) calculating a daily balance for each day in this staterzerres billing cyc (2)
cakulating a daily balance for each day prior to this statement's bilk' cycle that had a "Pre-
Cycle balance" - a Pre-Cycle balance is a Balance Transfer or Cash Advance with a transaction
date prior to this stare men's bflling cycle but with a )osting date within this statement's billing
cycle; (3) adding all the daily balances t , and 4) dividing the stun of the daily balances by
the number of days in this statemen es
To calculate the daily balance for each yin this statementts billing cycle, we take the
beginning balance, add an amount equal to the applicable Daily Periods Rate multiplied by the
previous day's daily balance, add new Balance Transfers, new Cash Advances and and
Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than
zero we treat it as zero.
To calculate a daffy balance for each day prior to this statemeriA billing cyelk that had a Pre-
Cycle balance, we take the beginning balance attributable solely to Pre Cycle balances (which
will be zero on the transaction date of the first Pre-Cycle balance), add an amount ual to the
applicable Daily Periodic Rate multiplied by the previous days daily balance, and add only the
ceppplxable Pte Cycle balances and their related Transaction Fees. We exclude from this
uakul.•nion all transactions ppecel? in previous billing cycles.
AverDaily Balance Methexc (includmg new Purchases): We calculate separate Balances
Subject .Ti nance Charge for Purchases and for each Promotional Offer balance consisting of
Purchase We do this by: (1) tale clotting a daily balance for each day in the billing cyclr, (2)
adding all the daily balances together; and (3) dividing the stun of the daily balances by the
number of days in the billing cycle.
FORM WITH YOUR PAYMENT. Choose only one dispute reason.
Account Number:
Reference Number.
Merchant Name:
8.1 notified the merchant on (MMI)D/YY) to canod the pre-authorized order
(reservation). Please note catKx$atitm # 0Tavailable, enclose a copy of your contract and a
copy of your telephone bill showing date and time of cancellation. Reason for cancellation hanodlation #
Q 9. pAwkho @ on did engage in the above ?Iwhave contacted the merchant for aedit. The services to be
ere not received or were unsatisfactory Attach a letter
describing thesavtcesexpect yourattenpstoresolvewidtthemerchantandacopyofyourcontract.
010.1 certify drat I do not recognize the transaction. Merchants often provideteloone numbers next to their
name on your billing statement Please attempt to contact the merchant for infatuation.
Q 11. If your dispute is for a different reason, please contact us at the above telephone number
Signature (required): Date:
Best contact telephone #: Home#:
Billing riakrts are only preserved by written inquiry. To preserve your billing rights, please return a
copy of tTiis form and any suppo1502??adon regardurg the merchant charge in question to:
Attn: Billing Inquiries P. Box 6, Wilmington, DE 19850.5026, USA.
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
To calculate the daily balance for each day in this statement's billing cycle, we take the
beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied the
previous day's daily balance add thew Purchases rnew Account Fees and rev Transacdom -%
and subtract applicable paymerhns and credits. [f any daily baLarhce is less than zero we tarot it as
zero. If the Previous Balance shown on this sbtement was paid in full in this statement's billing
cycle, then on the day after that payment in full dace, we exclude from the beginning balance
thew Purchases, new Account Fees, and crew Transaction Fees which posted oxh or before that
payment in full date, and we do root add new Purchases, new Account Fees or new Transaction
Fees which post after that payment in full dare.
We include the oasts for the credit card debt amcdlation plan or credit insurance purchased
through us in calculating the beginning balance for the fast day of the billing cycle after the
billing cycle in which such casts are billed.
TOTAL POEODIC RATE 1rI ANCE CHMOE CONMUINI ON
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine
the Periodic Rare Finance Charges, we multiply each Balance Subject to Finance Charge by its
appplicable Daily Periodic Rate andrat result by the number of days in the billing cycle. To
deterrthine the total Periodic Rate Finance Charge for the billing cycle, aadd the PenFinance Charges together Each Daily Peric c is to is calculated b? dividing its corresponding
Annual Percentage Rate by 365.
HOW WE ALLOCATE YOUR PNVIBINM
We will allocate your payments in the manner we determine. In most instances, we will
allocate your paymcnis to balances (irxluding transactions made after this statement) with lower
APRs before balances with higher APRs. This will result in balances with lower APRs (such as
new balances with promotional APR offers) being paid before any other existing balances.
Pftme tt Duo Dabs and Keepins tibtr AcomM in Good Nllsrt - n
Your Payment Due Date will not fall on the same day each month In order to help rttaintain
any promotional rates, to avoid the imposition of Default Rates (if applicable), to avoid late fees,
and to avoid overlinak fees, we must receive at least the Total Minimum Payment Due its
Payment Due Date each billing cycle and you must maintain your account balance below your
Credit Limit each day.
hnporatnt Infomnation about Payments by Phses
When using the optional Pay-by-Phone service, you authorize us to initiate an electronic
payment from your account at the financial institution you designate. You must authorize the
amount and timingg of each pa ment. For your protection, we will ask for security information.
A fee may apply. To cancel, callus before the scheduled payment date. Same-day Pay?ts
cannot be excited of canceled.
1100111CINJ.ANEOUS
For the complete terms and conditions of your account, consult your Credit Card
Agreement FiA Card Services is a tradename of FIA Card Services, N.A. This account is issued
and administered by FiA Card Services, N.A.
FIAYNRMf3
We credit payments as of the date received, if the payment is 1) received by 5 p.m.
(Eastern Time), 2) received at the address shown in the bottom left-hand comer of the front
of this statement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or
a U.S. dollar money order; and 4) sent in the enclosed return envelope with only the bottom
portion of this statement accompanying it Payments received after 5 p.m. on any day
including the Payment Due Date, but that otherwise meet the above requirements, will be
credited as of the next day. We will reject payments that are not drawn in U.S. dollars and
those drawn on a financial institution located outside of the United States. Credit for any
other payments may be delayed up to five days. No payment shall operate as an accord and
satisfaction without the prior written approval of one of our Senior Officers.
We process most payment checks electronically by using the information found on your
check. Each check authorizes us to create a one-time electronic funds transfer (or process it
as a check or paper draft). Funds may be withdrawn from your account as soon as the
same day we receive your payment. Checks are not returned to you. For more information
or to stop the electronic funds transfers, call us at the number listed on the front.
If you have authorized us to pay your credit card bill automatically from your savings or
checking account with us, you can stop the payment on any amount you think is wrong. To
stop the payment your letter must reach us at least three business days before the automatic
payment is scheduled to occur
If your billing address or contact information has changed, or if your
address is incorrect as it appears on this bill, please provide all
corrections here.
Address 1
Address 2
City _
State
Area Code &
Home Phone
Area Code &
Work Phone
Zip
Prepared for. DIRK A ROBISON
Account Number. $329 09001106 9147
October 2009 Statement
Credit Line: $8,000.00
Cash or Credit Available:
Account infoirnation
Summary of Transactions Billing Cycle and Payment Information ___ ? Previous Balance $7,336.36 Days in Billing Cycle 30
Payments and Credits $0.00 Closing Date 10/02109
Purchases and Adjustments + $39.00
Periodic Rate Finance Charges + $159.99
Transaction Fee Finance Charges + $0.00
New Balance Total
$7,535.35
Payment Due e e
Payment Due Date 10/29/09
Current Payment Due $272.00
Past Due Amount + $1,679.00
Total Minimum
FIA CARD SERVICES"
www.tiacardsorvices.com
Call toll-free 1-800-362-6299
TDD hearing-impaired 1-800-346-3178
Mail Payments to:
FIA CARD SERVICES
P.O. BOX 15019
WILMINGTON, DE 19886-5019
Mad Billing /nquinas to:
FIA CARD SERVICES
P.O. BOX 15026
WILMINGTON, DE 19850-5026
Purchases and Adjustments Offer ID Date Date Number Number Amount
LAT
FEE R PAYMENT DUE 09V29 0&128, 0M 7336 30.00
..
YOUR PAYMENT WAS NOT RECEIVED BY THE DUE DATE. TO AVOID FUTURE FEES OR RATE
INCREASES, PLEASE MAKE YOUR PAYMENTS ON TIME AND REMAIN UNDER YOUR CREDIT
LIMIT. REMEMBER, IF TWICE IN 12 MONTHS YOUR PAYMENT IS RECEIVED AFTER THE DUE
DATE AND/OR YOUR CREDIT LIMIT IS EXCEEDED, YOUR APR MAY INCREASE.
OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
Promotional CoMWOndingAnnuaf APR Balance Subject to
Category Transaction Types Daily Periodic Rate Percentage Rate Type Fin&tce Charge
Balance Transfers 0.071890% V 26.24% S $5,524.41
Cash Advances 0.071890% V 26.24% S $0.00
Purchases 0.07189096 V 26.24% S $1,894.14
Annual Percentage Rate for this Billing Period: 26.24%
(Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds
the Corresponding APR above.)
APR Type Definitions: Daily Interest Rate Type: V= Variable Rate (Interest Rate may vary); APR Type: S= Standard APR (APR normally in effect)
04 0075353500195100000200000005329090011069147
? Check here for a charge of walling address or phone number(s).
Please
rovkle all corrections o
th
ll
FIA CARD SERVICES p
n
e remorse e
s.
P.O. BOX 15019
WILMINGTON, DE 19886-5019 ACCOUNTNUMBER.• 5329090011069147
NEWBALANCE TOTAL: $7,535.35
DIRK AR081SON PAYMENTDUEDATE.• 10/29/09
655 MUD LEVEL RD E F*swVAmswtEv&bw&
SHIPPENSBURG PA 17257-9519
e
Mail this Payment coupon along with a
check or money orderpayab/e to FIA CARD SERVICES
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1:5 240 2 2 2 50II: 13EI L00L1069047119
?IMPOA10i1VfXWORMAflONAAXW'l=ACCOUNT USE211 Rev.04/08
cuSTGiIEiR S171=N f OF DrlSPUTED ITEM - Please call toll fire 1.866.266.0212 Monday-Thursday 8am-9pm (Eastern Tone), Friday Sam-7pm (Eastern
Time) and Saturday 8am-6pm (Eastern Time). For prompt service please have the merebant reference number(s) available for the charge(s) in question.
PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute reason.
Your Name:
Transaction Date: Posting Date:
Amount $: Disputed Amount $:
Q 1. The amount of the charge was increased from $ to $ or my sales
slip was added incorrectly Enclosed is a copy o sa sip t shows tWa ert amount
Q 2.1 anti ?y that the charge listed above was not made by me or a person authorized by me to use my card, nor
were the goads or semoes represetned by the transaction received by me or a petsou arhthorized by me.
Q 3. [have not received the merchandise that was to be shipped to me on _! 1 (MMIDDNY).
1 have asked the merchant to credit my account.
0 4.1 was issued a creditslip that was rat dawn on my statement Acopy of my credit sfip is enclosed.
The merchant has up t o,30 days to credit your account
5. Merchandise that was shims?{{ to me has arrived andror defective l returned it on
/ J (MMtDi/YY) and asked the matt to credit my aaaurt Attach a leaer describing
howthetoacha &wasdamagedand/ordefectiveaidacopyofthe}roofofreturn.
6. Although 1 did engage in the above transaction, I have contacted the mathany returned the merchandise
on I (M DNY) and requested a credit I either did rat receive this credit or it was
I e4 airing wby you are gg this charge with a copy of the proof of
return. If you are unablem returrn the merchandise please e?xp4tin.
7.1 certify that the charge in question was a si transaction, but was pasted twice to my statement.
Sdid #2 $ authorize the s transao lion. Sale #I $ Reference # - Reference GRACE PWIM
"Grace Period" means the period of time during a billing cycle when you will not accrue
Periodic Rate Finance Charges on attain transactions or balances. There is no Grace Period for
Balance Transfers and Cash Advances. If yyoou pay in full this staternertt's New Balance Total by
its Payment Due Date and if you paid in hall this staterrrent's Previous Balance in this statement's
billing cycle, then you will have a Grace Period during the billing cycle that began the day after
this statement's Closing Dare on the Purchase portions of this statement's New Balance Total
Account Number:
Reference Number:
Merchant Name:
8.1 notified the merchant on 1 I (MM1DDlYY) to
(reservation). Please note a?# anti available, enclose a
copy of your telephone bill showing date and time of cancellation.
anodthe Mauthotized order
copy of your contractand a
Reason for cancellation /cancellation #:
Q 4. Although I did engage in the above transaction, [ have contacted the merdiam for credit. The services to be
promoted orh _/ / (MMIDDN were not remved or were unsatisfactory. Attach a letter
desrnMng the services expected, your aw,ipts to resolve with the merchant and a copy of your contract,
Q 10. I certify that 10lo not raogntae the transaction. Merchants often provide telephorhe numbers next to their
name on your bibigstatement. Please attempt to contact the mcachant fori dui ation.
Q 11. If your dispute is for a d iffaet reason please contact us at the above telephone number.
Signature (required): Dare:
Best contact telephone #: Home:
Billing ri is are only preserved by written inquiry. To preserve your billing rights, please return a
copy of is form and any supportrng information regarding the merchant charge in question to:
Attn Billing Inquiries, P.0.13wr 15026, Wimington, DE 198505026, USA.
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
To calculate the daily balance for each day in this statement's bcycle, we take the
beginning balance, add an amount equal to the applicable Daily Peri Rau multiplied by the
prevrous day§ daily balarxz, add new Purchases new Account Fees and thew Transaction Fees,
and subtract apFlicable payments and credits. If airy daily balance is less than zero we beat it as
zero. If the Prevrous Balance shown on this srate:ment was paid in full in this statement', billing
rych; then on the day after that payment in frill date, we exclude firm the beginning balarhoe
new new Account Fees, and «euv Transaction Fees which posted on ex before that
ppayment in date, and we odd not add new Purchases, newv Account Fees, or new Transaction
Fees which post after that payment in full date.
We include the costs for the credit card debt cancellation plan or credit insurance purchased
through us in calculating the beginning balance for the fast day of the billing cycle after the
billing cycle in which such costs are billed.
TOTAL PEIWM RATE FRANCE CIEIAIttIE OOI111IRRATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To demnnine
the Periodic Rate Finance Chaff, we multipl each Balance Subject to Fuiance Charge by its
applicable Daily Periodic Rate dan that res by the number of days in the billing cycle. To
determine the total Periodic Rate Finance Charge for the billing e, we add the Periodic Rate
Finance Charges togethec Each Daily Periodic Rate is calculated ivy dividing its corresponding
Annual Percentage Rate by 365.
NOW WE ALLOCATE YOUR PX WT8
We will allocate your payments in the manner we determine. In most instances, we will
allocate your pa is to balances (including transactions made after this state mcm) with lower
APRs before = with higher APRs This will result ter balances with lower APRs (such as
new balances with promotional APR offers) being paid before any other existing balances.
Pap-mm Due Dates and Keeph Tibor Accotatt In Qood 4l, -d110
Your Payment Due Date will riot fall on the same day each month. In order to help, maintain
any promotional rates, to avoid the imposition of Default Rams (if applicable), to avoid late fees,
and to avoid overlimit fees, we must receive at least the Total Mimmum Payment Due by its
Payment Due Date each billing cycle and you must maintain your account balance below your
Credit Limit each day.
Important Informaflon about Paymeeft by Plim
When using the optional Pay by-Phone service, you authorize us io initiate an elecaordc
payment from your account at the financial institution you oiesngnate. You must authorize the
amount and timing of each pa For your pZ?teexion, we will ask for security information.
A fee may appty.1o cancel, callus before the schheduled payment date. Same-&y payments
cannot be edited or canceled.
For the complete =ns and conditions of your account, consult your Credit Card
Agreement FIA Card Services is a tradename of RA Card Services, N.A. This acanunt is issued
and administered by RA Card Services, N.A.
During a 0% Promotional Rate Offer. l) rho Periodic Rate Finance Charges accrue on
balances with the 0% Promotional Rate; and 2) you must pay the Total Mimmum Payment
Due by its Payment Due Date (and avoid any other "promotion turnoff evert" as defined in
your Credit Carol Agreement) to maintain the 0% Promotional Rare.
* * If a corresponding Annual Percentage Rau in the Finance Charge Schedule on the front
of this statement contains a "* *" symbol, then with respect to those balances: l) the 0%
Promotional Rau will expire at the end of the nett billing cycle, and 2) you must pay this
statement's New BalanceTotal by its Payment ]hoe Date to avoid Periodic Rate Finance Charges
after the end of the 0% Promotional Rau Offer on those balances existing as of the Closing
Date of this statement
CALCULATION OF BALANCES StlE JOCT TO FritANCE CRAM
Average Balance Method (including new Balance Transfe cs and new Cash Advances):
We calculate separate Balances Su ' to Finance Charge for Balance Transfers, Cash Advances,
and for each Promotional Offer balam consisting of Balance Transfers or Cash Advances. We
do this by: (1) calculating a daily balance for each day in this state means billing cycle (2)
calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre-
Cycle balance" - a Pre-Cycle balance is a Balance Transfer or Cash Advance with a transaction
date prior to this stateme nee billing cycle but with a posting dam within this statement's billing
cycle; (3) adding all the daily balances t her, and 4) dividing the sum of the daily balances by
the number of days in this sratemtxu's cycle
To calculate the daily balance for each y in this statemart s bdL'ng cycle, we take the
beginning balance, add an amount equal to the applicable Daily Periodic Ram multiplied by the
previous day's daily balance, add new Balance Transfers, new Cash Advances and and
Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than
zero we treat it as zero.
To calculate a daily balance for each day prior to this stawment's billr'rug cycle that had a Pre-
Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balances (which
will be zero on the transaction dam of the fast Pm Cycle balance), add an amount equal to the
applicable Daily Periodic Rau muhr'plied by the previous day's daily balance, and add only the
cep liable Pn Cycle balantxs, and dmr related Transaction Fees. We exclude from this
calculation all transactions posted in previous billing cycles.
Average Daily Balance Method (including new Purchases): We calculate separate Balances
Subject to Finance Charge for Purchases and for each Promotional Offer balance co rhsistin of
Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2)
adding all the daily balances together, and (3) dividing the sum of the daily balances by the
number of days in the billing cycle.
PIAYI IRM
We credit payments as of the date received, if the payment is 1) received by 5 p.m.
(Fastem Time), 2) received at the address shown in the bottom left-hand comer of the front
of this statement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or
a U.S. dollar money order, and 4) sent in the enclosed retum envelope with only the bottom
portion of this statement accompanying it. Payments received after 5 p.m. on any day
including the Payment Due Date; but that otherwise meet the above requirements, will be
credited as of the next day. We will reject payments that are not drawn in U.S. dollars and
those drawn on a financial institution located outside of the United States. Credit for any
rd and
other payments maybe delayed up to five days. No payment shall operate as an acco
p .
satisfaction out the rior written appproval of one of our Senior Offi
We process most payment checks electrooicatly by using the information found on your
check. Fach check authorizes us to curate a one tune e lect ron ic funds transfer (or process it
as a check or paper draft). Funds may
be withdrawn from your account as soon as the
same day we receive your pa em. Checks are not returned W you.. For more information
-is
or to stop the electronic funds tratrsfers, call us at the number listed on the front.
If you have authorized us to pay your credit card bill automatically from your savings or
checking account with us, you can stop the payment on any amount you think is wrong. To
stop the payment your letter must reach us at least three business days before the automatic
payment is scheduled to occur.
If your billing address or contact information has changed, or if your
adydress is incorrect as it appears on this bill, please provide all
corrections here.
Address 1 _
Address 2 _
City
State _
Area Code &
Home Phone
Area Code &
Work Phone
Zip
v
m
0
N
EXHIBIT B
CERTIFICATE OF PURCHASE
I, V I 11-, hereby depose and state that:
I am an Authorized Agent of CACH, LLC, a Colorado Limited Liability
Company.
2.As such, I am authorized to give this Certificate, and possess sufficient personal
knowledge to do so regarding:
Customer Name:
Original Creditor:
Account Number:
DIRK A ROBISON
MBNA
5329090999215142
3. On or about November 19, 2009 this account was sold by the original creditor.
CACH, LLC is the current owner of the account and purchased the account for
good and valuable consideration.
Date: JUL 3 0 2010
By:
Sworn and subscribed to before JUL 3 0 2010
me this day of , 2010.
R'4S?
AF
Notary Pub (VOPBO.0 o
My Commission Expires 03/02/2011
FFIDAVIT OF CLAIM
AND CERTIFICATION OF DEBT
STATE OF NORTH CAROLINA
CITY OF GREENSBORO
Bank of America, N.A.
Accountholder: ROBISON, DIRK A
Account No(s).: 5329090999215142,
5329090011069147,5447030843268498
The undersigned, Patrick Coble, being duly sworn, states and deposes as follows:
1. That Affiant is employed by Bank of America, NA successor in interest to Fleet Bank, MBNA Bank,
NA, Nations Bank ("Bank of America") in the position of Bank Officer and is duly authorized to make
this affidavit.
2. That the original contract in this matter has been destroyed, or is no longer accessible to Affiant and
that this Affidavit is to be treated as the original document for all purposes. If any originals are
discovered, they will be submitted to the court for review.
3. That the statements made in this Affidavit are based on the computerized and hard copy books and
records of Bank of America, which are maintained in the ordinary course of business, with the entries
in them having been made at or near the time of the transaction recorded.
4. That account number 5329090999215142 also known as 5329090011069147 also known as
5447030843268498 was opened on 01/16/97 by DIRK A ROBISON whose social security number is
182444678.
5. That there is due and payable from ROBISON, DIRK A as of 11/19/2009 the sum of $7574.35
withstanding legally chargeable post charge-off interest, pursuant to the terms of the card member
agreement with Bank of America.
6. That said agreement and account was, on 11/19/2009 sold, transferred and set over unto CACH, LLC,
with full authority to do and perform all acts necessary for collection, settlement, adjustment,
compromise or satisfaction of the said claim.
7. That as a result of the sale of said account, CACH, LLC and/or its authorized agent, has complete
authority to settle, adjust, compromise and satisfy same that Bank of America had no further interest in
this account for any purpose.
8. That to the best of Affiant's knowledge, information and belief, there were no uncredited payments,
just counterclaims or offsets against said debt when sold.
FURTHER AFFIANT SAYETH NOT.
Subscribed and sworn to before me this JUN d? If 2010
My commission expires:
Notary Seal
otary Public
JUN 2 1 2010
DATED THIS _day of , 2010
BANK OF RICA, N
By:
Bank Officer POaIENNF
?4S, G
2010 41,
co, 1 .
? CO., !10
kip
CACH, LLC 000605
EXHIBIT C
JA011-2008 FR 112:21 PIS BAIL OF WR', ARIA I TRAT I0B 3024580151 P . 02
FIA CAM SERVICE '""
RE: Changes to your credit card ac ount ending n
At FIA Card Services, we are committed to pmviding you with tamely and relevant information regarding your
Account
Enclosed is as lopwiew N*Mee of tarp in Terms fat yow CreM C" Agft a wnt To help you better
und+etst" Oteso changes stud how they may impw your account, we have provided a summary before each
amen+dn .
New Offen: This January we are introducing enhancements to our system that will enable us to offer you the
possibility of additional low-rate promotional offers. These will give us the flexibility to better support your
financial needs and provide you choices which mazy from time to tirne include:
Merchaw specific offers ? Seasonal ofl'ets
Product specific offers * Multiple offers at one fim
Offers on large ticket ttsmxactions,
unW they are paid off in full
For yew eoweWow4 ws,offer many of our most rein servim + e for year ibr ikAW a seem at
Below are some of the services that may be available on your wcou t:
Mahe / Schedule f'aytnerm For Your Account d
Y Pay Otha Bills / Schedule Recumag Paymeaft
Request a Copy oft Payment or Access Check
Request a Credit Line Increase
Request a Repent Card
View I Download Recent Statement Information
Clump Your Address
You also have the option of accessing your account by calling the toll-free number on the back of your credit
card.
Htlpfiti Tiffs and l ditx, Wt would lilac your FIA Card Services credit card to be your card of choice. To
assure you get the greatest possible value from your account, we have included some JjX to help you minimize
your fees and finance charges. Also highlighted is a sample of the many HgagfW your card has to offer.
See atepantnt Tips and Nero jtis on 01ha s
JAN-11-2008 FRI 12:22 Pty BANK OF fMER-At BITRATIO 304580151 F, 03
Tips To Minimize Your Fees and
Finance Charges
We are.making every effort to =the lam,
PQUPAC value itom yaw u Mow am
so= ugnc(ol suggestions on how to minimize fm and
finsafe charges.
Dada beep tbw cost of crtd#t dawa by paying; on
and not owereding your credit limit:
Did you las" paying late or cxceaedtug your credit
li* will cause aarly aac?aratioaa of premoal manta
sad inny catmte your AP l a locremT
Avoid Late Ptyn is by checking the due date on your
Statement when it arrives as it may vary ftorn manth to
mantle.
Allow 5-7 der 't time for our Payer to reach us.
Ensure *0 ftest
the: ueruittauncar
slip and envelope provided iiwar your monthly
statexaftL Avoid ho p"m mft by earollimg in au online
nominated payment seroce.
• Paymcauts made over the plume or our websits
by 5:00 pm. EST, 365 days a year, wilt unedited the
same day. (A fee my apply for some day sevim)
Aid Overlimit Fm by never allowing your balance to
oweed the credit lindt siltovt A on your mm*ly billing
smement leaves room for finance charges). You sum
if" your onllac or call us any bane at the
toll-free rnurrAw on the back of your credit card.
Reduce your lbaa ace char by paying mom than the
mina amount due" Whale you have the tkxt'biHty to
pay only the min um stnoue dim,
reduce your + cost of cre t by paying Ul making
larger payments,
weber, you am avoid Asatrce charges on your
redid pun:b,aaaaa t mint than wow In"each train
by yaw payment ideate.
Contact as tsar assistance with yaw b
We are available by phone 24 hots a day, da a?
year to respond to your fttuanc£ai aceds just by on
toll -free umber on the back of your rxvdit card. Or visit
us online at fir up-to bc-
mintue inforrna#ion on namactions, paymernm and special
Of rem
Take Advantage of These
Benefits
we MU*WW you to take advantage Of all your credit
cad beaeffits,
World Class Proud Prote¢tim We continuously
MQUIt" y account fns' sum ac Mty said use
rigorous online controb to a ae no ooaixed
wrut brit daft Red u ? you will nova
arre ta7 cm scow your
pay account.
Pay Your Account Ouhua. Our saMot is fUt and fxeo-
Hare eredit card asanage year Milo. For many
recw=11s like a cable TV, telephone advice,
h*Way to paw ad to some atililies, you an
request the b use yaw *"t card for
aut c payment of the time ssv a and
convenience of not having to worry about missing a
palmy
Mon plate to ?. Your card is accepted at
thousands of ATMs and ba nlm centers wound the
Wad&
tateromy replscenwo of iaet esirds. We will dolhw
to yotiWhiie trawling practically anywhere itu the wadd.
Additional cards for tames ad Amerada. Simplify your
life by adding a family member or friend to your aot
as an a udmirard user"
SEE YOUR CREUTr CARD AGREEMENT FOR COMPLETE DETAILS
cva•BT
JAN-11-208 FRI 12:22 PH BANK OF AMER A BITRATION 3024580151 P. 4
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Parips 1i
VERIFICATION
I, 'TOM V I (J I L , 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 DIRK A
ROBISON owes the balance of $7,574.35 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.
By: l
Dated:
JUL 3 0 2010
'TOM VIGIL,
Authorized Representative
George B. Faller, Jr., Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 49813
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
CACH, LLC,
V.
7iT? SAP 14 i= ? ? ! ? ? i
r .1 Vf'??.1 . -
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
DIRK A. ROBISON,
Defendant
NO. 10-5421
CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
TO: CACH, LLC, and their attorney, HARRISON ROSS BYCK., ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED
PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR
A JUDGMENT MAY BE ENTERED AGAINST YOU.
MARTSON LAW OFFICES
By
Gedr B. F 1 , Jr., Esquire
I. D. 49813
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Date: September 14, 2010
F TILES\Clients\13994 Pro Bono113994.2 Robinson\13994.2.poI
Revised: 9/14/10 ]059AM
George B. Faller, Jr., Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 49813
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
CACH, LLC, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 10-5421
CIVIL ACTION - LAW
DIRK A. ROBISON,
Defendant JURY TRIAL DEMANDED
DEFENDANT'S PRELIMINARY OBJECTIONS
AND NOW, comes the Defendant, Dirk A. Robison, by and through his attorneys,
MARTSON LAW OFFICES, and hereby preliminary objects as follows:
1. Plaintiff s Complaint alleges that Defendant has failed to make payments under a
credit card agreement.
First Preliminary Objection - Pa. R.C.P. 1028(a)(2)
Failure to Conform to Rule of Court (Failure to attach written agreements)
2. Paragraph 7 of Plaintiff s Complaint states that a copy of the credit card agreement
is attached hereto as Exhibit "C."
3. Exhibit "C" is not a copy of a credit card agreement signed by the Defendant
Dirk A. Robison, but appears to be dealing with a company called FIA Card Services that is not
mentioned in the Complaint.
4. The Complaint alleges that the debt was originally for a credit card issued by MBNA
and that the debt was sold or assigned by MBNA to the Plaintiff.
5. The Complaint does not attach the original or a copy of the original credit card
agreement.
6. The Complaint fails to attach a copy of the written sales agreement or written
assignment, but instead attaches a self-serving document that the Plaintiff has called a Certificate of
Purchase.
7. Pa. R.C.P. 2002(a) requires that an action be brought by the real party in interest.
8. By failing to attach a copy of the necessary writing by which the Plaintiff would
become the assignee of the account - and this is the real party in interest -- the Plaintiff has failed to
confirm with the requirements of the aforesaid rule.
9. Since this matter was not brought by the real party in interest, it must be dismissed.
Second Preliminary Objection -Violation of Pa. R.C.P. 1028(a)(2) and (3)
Failure to Conform to Rule of Court and Insufficient Specificity
10. The Complaint contains only a bald assertion of the amount the Plaintiff claims is
owed by the Defendant. It provides no detail as to the date or dates as to which the debts were
incurred, the amounts incurred on each date, the dates or amount of payments, nor dates of accrual
on amounts of interest and other charges or fees.
11. Pa.R.C.P. 1019 and Pa. R.C.P. 1028 (a)(3) require that these special damages be
specifically stated. By not including the requisite detail of the alleged account, the Complaint fails
to conform to an express Rule of Court.
Third Preliminary Objection - Pa. R.C.P. 1028 (a)(2)(3)
Failure to Conform to Rule of Court as Exhibit "A" Appears to Refer to a Different Company
12. Plaintiff's Complaint alleges that Exhibit "A" establishes its right to collect a debt
that was assigned from MBNA.
13. After careful review, Defendant's counsel does not find M:BNA mentioned anywhere
in Exhibit "'A."
Fourth Preliminary Objection -Violation of Pa. R.C.P. 1028(a)(2)
Impertinent Matter
14. Plaintiff's Affidavit of Claim and Certification of Debt includes Defendant's entire
social security number. Defendant requests that this be stricken, including redaction from the
original Complaint.
WHEREFORE, Defendant demands that Plaintiff's Preliminary Objections be sustained and
Plaintiff s Complaint be dismissed with prejudiced. In the alternative, Plaintiff's request that the
Plaintiff be required to file an amended Complaint correcting the violations mentioned herein.
MARTS
By /Z `H?"" ,r t
George B. Faller, Jr., Es
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: September 14, 2010 Attorneys for Defendant
CERTIFICATE OF SERVICE
I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy
of the foregoing Preliminary Objections were served this date by depositing same in the Post Office
at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Harrison Ross Byck, Esquire
HARRISON ROSS BYCK, ESQUIRE, P.C.
229 Plaza Boulevard
Suite 112
Morrisville, PA 19067
MARTSON LAW OFFICES
Ami J. Thum a
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: September 14, 2010
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
-r
r!C
~' 4 ii ~~~ t'~r
9~
PE~StiSY~-JANIA
Cach, LLC
Case Number
vs.
Dirk A. Robison 2010-5421
SHERIFF'S RETURN OF SERVICE
08/31/2010 07:55 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on August
31, 2010 at 1955 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Dirk A. Robison, by making known unto himself personally, at 655 Mud Level Road,
Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to hirr
personally the said true and correct copy of the same.
~/' ~~
STEPHEN BENDER, DEPUTY
SHERIFF COST: $46.00
September 01, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
Harris ~ Ross Byck, Esq., P.C.
Attorn I.D. 61511
229 Pl Blvd., Suite 112
Morris ille, PA 19067
1-888- 75-6399 /! (215) 428-0666
Attorn y for Plaintiff
~:
~dL~~-~TM Fi~~
~~' ~~ ~'~~~.~~1C~~lQ1'la~:u
~~~Q ~w ~ LO t ~ G~ ~ ~)
C1~F~II~h;l..~'';~d u~t~a~i'r
~'E?~~ i~'~` ~`~T.r`~,~,
CAC ,LLC .
4340 S 'i MONACO -- 2ND FLOOR
DE R, CO 80237
' Plaintiff,
vs.
DIRK ~A. ROBISON
655 M LEVEL ROAD
SHIPP NSBURG, PA 17257
' Defendant.
~i
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 2010 - 05421
II CACH, LLC, Plaintiff in the above-captioned case hereby responds to Defendant's
objections as follows:
1. Agreed.
First Preliminary Obiection - Pa.R.C.P.1028(al(2)
Failure to Conform to Rule of Court (Failure to attach a written agreement)
An Answer to Preliminary Objections is required only to Preliminary Objections
raising ~~sues under Pa.R.C.P. 1028(a)(1), (5), (6), (7) and (8). An Answer does not need to be
filed toy' Objections raising issues under Rules 1028(a)(2), (3) and (4). These preliminary
may be determined from facts of record so that no further evidence or response is
ithout waiving the foregoing, and with regard to actions to recover debt incurred by
using credit card, it has been held that the requirements of Rule 1019(1) are satisfied if the
plaintiff attaches the underlying agreement between the issuer of the credit card and the credit
card holier. Marine Bank v. Orlando, 25 Pa. D. & Cad 264 (Pa.Com.Pl. 1982).
To the extent Defendant argues that Plaintiff failed to attach a signed Agreement
evidencing that Defendant agreed to be bound by the terms of the agreement, we note that Rule
1019(1) does not require that the writing attached to a pleading forming the basis for the claim
therein) contain the signatures of the parties. Rather, Rule 1019(1) merely requires that a copy of
the wr~ting forming the basis for the claim, or the material part thereof, be attached to the
pleadinlg. There is no requirement that the writing contain the signatures or other marks or seals
of the ~arties evidencing acceptance of the terms of the writing.
'~ Plaintiff attached a copy of the relevant statement and agreement as Exhibits A and C to
Plaintiff's Complaint. Said exhibits are the writing and contract that is applicable to this matter.
''.Further, in establishing the chain of assignment and showing the real party in interest,
Plaintiff attaches to this response the redacted copies of the Bill of Sale, and the MBNA/FIA Card
Service$ merger document; highlighting in particular, Page 2 - #3. Plaintiff hereby requests the
court toappend its Complaint by attaching these documents as Exhibits D and E respectively.
,Any additional specifics regarding the debt may be appropriate subjects for discovery,
but do nbt warrant dismissal of the complaint.
1~~VHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court deny and
dismiss ~Jefendant's Preliminary Objections, together with all such other and further relief, at law
or in equity, as to which Plaintiff may be justly entitled.
S_ econd Preliminary Obiection -Violation of Pa.R.C.P.1028(a)(2) and (3)
', Failure to Conform to Rule of Court and Insufficient Specificity
10-11. An Answer to Preliminary Objections is required only to Preliminary Objections
raising i~5ues under Pa.R.C.P. 1028(a)(1), (5), (6), (7) and (8). An Answer does not need to be
filed to IlObjections raising issues under Rules 1028(a)(2), (3) and (4). These preliminary
raises issues under Rule 1028(a)(2) and (3), which may be determined from facts of
record so~ that no further evidence or response is required.
Without waiving the foregoing, Plaintiff attached the relevant statements as Exhibit A to
the C~hnplaint. Said exhibit is the writing that is applicable to this matter. Any additional
specifies regarding the debt may be appropriate subjects for discovery, but do not warrant
dal of the complaint.
WI~REFORE, PREMISES CONSIDERED, Plaintiff prays that the Court deny and
is~l Defendant's Preliminary Objections, together with all such other and further relief, at law
or in equity, as to which Plaintiff may be justly entitled.
LGlill~lilpl • VV~C{.biVll ~ • IVlANV~l Vl i A.A.L.i . 1VbOlll ll6llJl ' i'i111LL1C W \,
to Rule of Court as Exhibit "A" aonears to Refer to a Different Comuanv
12-13. An Answer to Preliminary Objections is required only to Preliminary Objections
raising'lissues under Pa.R.C.P. 1028(a)(1), (5), (6), (7) and (8). An Answer does not need to be
filed tc}, Objections raising issues under Rules 1028(a)(2), (3) and (4). These preliminary
ps raises issues under Rule 1028(a)(2) and (3), which may be determined from facts of
record ~o that no further evidence or response is required.
'Without waiving the foregoing, Plaintiff attached the relevant statements as Exhibit A to
the Complaint. Said exhibit is the writing that is applicable to this matter.
in establishing the relationship between MBNA and FIA, Plaintiff attaches to
this res~bnse a copy the MBNA/FIA Card Services merger document; highlighting in particular,
Page 2 I~~ #3. Plaintiff hereby requests the court to append its Complaint by attaching this
~t as exhibit E.
additional specifics regarding the debt may be appropriate subjects for discovery,
but do n~t warrant dismissal of the complaint.
PREMISES CONSIDERED, Plaintiff prays that the Court deny and
dismiss defendant's Preliminary Objections, together with all such other and further relief, at law
or in equ~~ty, as to which Plaintiff may be justly entitled.
~'
,i 14. An Answer to Preliminary Objections is required only to Preliminary Objections
raising issues under Pa.R.C.P. 1028(a)(1), (5), (6), (7) and (8). An Answer does not need to be
filed tl Objections raising issues under Rules 1028(x)(2), (3) and (4). These preliminary
objections raises issues under Rule 1028(a)(2), which may be determined from facts of record so
that no further evidence or response is required.
I~~, WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court deny and
dismis~ Defendant's Preliminary Objections, together with all such other and further relief, at law
or in equity, as to which Plaintiff may be justly entitled.
Respectfully submitted,
c,~~
Allan C. Smith, Esq.
', Harrison Ross Byck, Esq., P.C.
Attorney LD. 204756
229 Plaza Blvd., Suite 112
'~~ Morrisville, PA 19067
~, 1-888-275-6399 // (215) 428-0666
Attorney for Plaintiff
Harrisdn Ross Byck, Esq., P.C.
Attorn y I.D. 61511
229 Pl za Blvd., Suite 112
Morri Yille, PA 19067
1-888-~75-6399 // (215) 428-0666
Attorn~v for Plaintiff
CAC bLLC
4340 S' MONACO -- 2ND FLOOR
DE R, CO 80237
Plaintiff,
vs.
DIRK . ROBISON
655 LEVEL ROAD .
SHIP NSBURG, PA 17257 .
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 2010 - 05421
OBJECTIONS
CACH, LLC, Plaintiff in the above-captioned case hereby responds to Defendant's
objections as follows:
IAn Answer to Preliminary Objections is required only to Preliminary Objections raising
issues under Pa.R.C.P. 1028(a)(1), (5), (6), (7) and (8). An Answer does not need to be filed to
Objectic~hs raising issues under Rules 1028(a)(2), (3) and (4).
~'a.R.C.P. 1029(d) states that averments in pleadings to which no responsive pleading is
required shall be deemed to be denied.
hese preliminary objections partially raise issues under Rule 1028(a)(2) and (3) which
may be determined from facts of record so that no further evidence or response is required.
Therefor, Plaintiff requests that all Defendant's averments be denied.
deciding Preliminary Objections, the Court should accept as true all material facts set
forth in he pleading as well as all inferences reasonably deducible therefrom. Santiago v.
Pennsylv is Nat`l Mutual Casualty Ins. Co., 613 A.2d 1235 (Pa.Super.1992). "[P]reliminary
objections will be sustained only if they are clear and free from doubt." Milliner v. Enek, 709
A.2d ~17 (Pa.Super.l998). A Preliminary Objection should be sustained only where it appears
with c~rtainty that, upon the facts averred, the law will not allow the party to recover. Id.
The purpose of pleadings is to place a defendant on notice of the claims upon which the
defen twill have to defend. City of Newcastle v. Uzamere 829 A.2d 763, 767-768 (Pa.
Cmwl .2003); Yacoub v. Lehigh Valley Medical Associates 805 A.2d 579, 588 (Pa. Super.
2003), ~pp. denied, 573 Pa. 692, 825 A.2d 639 (2003). Under Rule 10 19(a), a complaint must
give tl~ defendant fair notice of the Plaintiff's claims and a summary of the material facts that
those claims. Carison v. Community Ambulance Services. Inc. 824 A.2d 1228, 1232 (Pa.
Super. X003); McClellan 413 Pa. Super, at 141, 604 A.2d at 1059-60.
In determining whether the allegations of a complaint have been stated with the necessary
the court should not focus upon one paragraph of the complaint in isolation, Yacoub
805 A.2~'d at 589, and should instead examine the paragraph in context with all other allegations in
the complaint. Rachlin v. Edmison 813 A.2d 862, 870 (Pa. Super. 2002).
issuance of a credit card constitutes the offer of a contract. See, e.g.. Bank One.
63 Ohio App. 3d 491, 492, 579 N.E.2d 284, 285 (Ohio Ct. App.
1989). i~se of a credit card constitutes acceptance of the terms of the cardmember agreement. See.
713 A.2d 304 (Del. 1998); Read v. Gulf Oil CorQoration, 114 Ga.
App. 21~ 150 S.E.2d 319, 320 (1966); Petroleum Co. v. McMillan. 168 S.W. 2d 881 (Tex. Civ.
App. 193).
in the absence of such an agreement the issuance of the credit card constitutes an
offer of credit, and the use of the credit card constitutes the acceptance of the offer of credit.
474 N.Y.S. 2d 937 (N.Y. 1984), citing Empire Nat'l Bank v. Monahan, 82
Misc. 2d~~808, 370 N.Y.S.2d 840 (N.Y. County Ct. 1975).
With regard to actions to recover debt incurred by using a credit card, it has been held
that t I>hle requirements of Rule 1019(1) are satisfied if the plaintiff attaches the underlying
agreement between the issuer of the credit card and the credit card holder. Marine Bank v.
p, 25 Pa. D. & Cad 264 (Pa.Com.Pl. 1982).
To the extent Defendant argues that Plaintiff failed to attach a signed Agreement
#ing that Defendant agreed to be bound by the terms of the card holder agreement, we note
that R~~e 1019(1) does not require that the writing attached to a pleading forming the basis for the
claim t~-erein contain the signatures of the paRies. Rather, Rule 1019(1) merely requires that a
copy o~l the writing forming the basis for the claim, or the material part thereof, be attached to the
There is no requirement that the writing contain the signatures or other marks or seals
of the p~rties evidencing acceptance of the terms of the writing.
~y using and/or authorizing the use of the credit card Defendant accepted the contract
with th~Issuer and became bound to pay for all charges incurred with the credit card. Defendant
also be~ame subject to all of the terms and conditions of the Issuer's cardholder agreement.
intif~' attached a copy of the relevant credit cardholder agreement as Exhibit C to Plaintiff s
Said agreement is the writing and contract that is applicable to this matter.
the allegations of the complaint and the exhibits attached thereto in their
entirety ~laintiff has adequately averred the various assignments which afford it standing and the
sue Defendant for his outstanding credit card debt. Moreover, Plaintiff has provided
kt with fair notice of its claim and a summary of the material facts supporting that claim.
Any adds#tional specifics regarding the individual credit card transactions may be appropriate
subjects Igor discovery, but do not warrant dismissal of the complaint pursuant to Pa. R.C.P.
1019(a) ~' (f).
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court deny and
~I
dismis~ Defendant's Preliminary Objections, together with all such other and further relief, at law
or inequity, as to which Plaintiff may be justly entitled.
Respectfully submitted,
'~ ~471an C. Smi sq.
Harrison Ross Byck, Esq., P.C.
Attorney I.D. 204756
229 Plaza Blvd., Suite 112
Morrisville, PA 19067
1-888-275-6399 // (215) 428-0666
Attorney for Plaintiff
Harris n Ross Byck, Esq., P.C.
Attorn y I.D. 61511
229 Pl za Blvd., Suite 112
Morris ille, PA 19067
1-888- 75-6399 // (215) 428-Q666
Attorn v for Plaintiff
CAC LLC
4340 S MONACO -- 2ND FLOOR
DE R, CO 80237 .
Plaintiff,
vs.
DIRK . ROBISON
655 LEVEL ROAD
SHIPP NSBURG, PA 17257
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 2010 - 05421
VERIFICATION
'~
~, Allan C. Smith, Esq., of the Law Office of Harrison Ross Byck, Esq., P.C., attorneys
for Plai tiff, CACH, LLC, do hereby state that I am familiar with the facts of this case and am
authori ~d to file this Verification on their behalf. I further verify that the facts set forth in the
foregoi ~ Response and Supporting Brief to Defendant's Preliminary Objections are true and
i
correct the best of my knowledge, information and belief. I understand that false statements
made h ein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsifica ~on to authorities.
Date: October 15, 2010
By:
Allan C. Smith, Esq.
Attorney I.D. No. 204756
Harris¢n Ross Byck, Esq., P.C.
Attorn y I.D. 61511
229 Pl za Blvd., Suite 112
Morri ille, PA 19067
1-888- 75-6399 // (215) 428-0666
Attorn v for Plaintiff
CAC LLC
4340 S MONACO -- 2ND FLOOR
DE R, CO 80237
i Plaintiff,
I vs. .
DIRK . ROBISON
655 D LEVEL ROAD
SHIP NSBURG, PA 17257
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 2010 - 05421
f CERTIFICATE OF SERVICE
~, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's Response
to Defe dam's Preliminary Objections and Supporting Brief regarding the above-captioned
matter ~on defendant DIRK A. ROBISON, by United States First Class Mail, on October 15,
2010 vi his/her attorney's last address of:
GEOR E B. FALLER, JR., FSQ.,
MART ON LAW OFFICES
10 E HIGH STREET,
CARLI LE. PA 17013
Date: October 15, 2010
--___
By:
Allan C. Smith, Esq.
Attorney I.D. No. 20475
EXHIBIT D
s.~ ~ ~
Bank nEAmerica
EKHIBIT C
BILL, OF SALE AND ASSIGNMENT OF LOANS
asset i
identif
toall~
owing
to whip
r-. vohutt
DATE
he uo~deisigned Assignor ("") on and as of the date hereof hereby absolutely sells,
,assigns, sits-over, quitclaims and cotweys to CACH, LLC., a Limited Liability Company
3 under the laws of Colorado t"~„) without recourse and without representations or
~ of any type, kind, character or nature, express or implied, subject to Buyer's repurchase rights
th in Sections S.1 and 8.2, all of Assignors right, cute and interest in and to each of the loans
i in the loan schedtiile ("j,~gg, Schedule") attached hereto (the "I~"), together with the right
ncipal, interest or other procoeds of any kind wits respect to the Loans xemaining due aad
of the Cut-0ff Date applicable to soh Loans as set forth in the Loan Sale Agreement pursuant
the Loans are being sold (including but not limited to proceeds derived from the conversion,
r or involuntary, of any of the Loans into cash or other liquidated property).
November !9, 2x09.
ASSIGNOR: FIA CARD SERV[CES,1q.A.
Name: Debra L Pellicciaro
Title: Assistant Vice President
~--
?9~
I~tx: apaa58.MSe
Ssak o[ Anerrica, Mgt ~7rles
Deee~eid UI.865 Paper MiD Rnpl. Newr1~. DE 39711
Mwk1 qpw
H~,IT E
E~
BUSI[1VFzSS RECORDS AFFIDAVIT
II
Before ~0. the undersigned authority, personally appeazed~P,yX/t, L. i~tl.ice fare ,who, being duly
sworn, deposed as follows:
My is L,~~~ t _P_14 f0 , I am an employee of Bank of America, and am authorized to
make Business Records on behalf of Barilc of America. Ism of sound mind, capable of making this
affidavi and personally acquainted with the facts herein states:
1. k am the custodian. of records of Bank of America.
2. shed hereto is 1 page of records from Hank of America, an Assistant Secretary's Certificate
f FIA Card Services, NA. .
3. 1 page of records is kept by Bank of America in the regular and ordinary course of business,
it was in the regular and ordinary course of business of Back of America for an employes or
resentative of Bank of America with knowledge of the act, eveirt, condition, opinion, or
snosis recorded to make the record or transmit the information thereof to be included in such
and the record was made at or near the tinge of the act, event, condition, opinion, or
4. a records attached hereto are the originals or exact duglicates of the originals.
i
i
':
l t ~~
,~
In wi ess whereof I have hereunto snbscrilied my name and affixed my official seat this ~ day of
2009.
GL
i Notary Pubkc ~ f
I.
vANESSA A. BRADLEY f
NOTARY PU~.iC
STATE OF DELAWARE
My Commission i"xpires Jan. 20, 2010
fig. ~
. ASSI3TAN" i' SECRE#'i~RY' S CERTIFICATE
j I'
OF
FIA. CARD SB~tV~LBS; 2~f'A~.TIONAL ASSOCAi'TION
Tho wbde~ignadx Cone H: Smiti~, an Assistada~ Sea~ry of FIA Card SerVicbs, Nations[
Aeso ~' it]~ "Asaou''~, a.natiQnal baakingassociatiic~a•organized arid. axisfing uttider fire
la.~s ~tlie LJriitai`.St$tes of Auie~ica and baving:'~#s ipal:plasx of t~usineosm'GVilmia~gtaa,
De . does ~+eby cartify that: .
1. . ffectiye:JatYnaq-.3D,19~l;l~lt[~.Amea~sa, Naf~lo~pal..A.aso~daf~at.ohange~l~i~s'»ama for
A"Ames B National Aelstion,'WiliningtQi~"Delav~, Cb~iber•l~umlier
2, ctiye. Mancl~ .1,.;2Q05,, Fled Bsnlc .fit}, NatianAl Asaocii+3ian, Pgoviden~, Rhoda
land, ~3eiged~ into ~aezd udder Bsrik~ 01 At~rerii~ N~tiiorlril Associu~ion~ (USAF, Plioamix,
'. Qna,~CtiarherNumber~2~06.
3. Jana lA, 2006, MHNA Aurxid~ Btu~k,.ATlip~i Aa#aefp4~ioi chaffed i;s name
F~'A .C~l ~, l~~ional l~aaoielatktt, 'R~ilmijngboat, Delay CS~r Number
4, ffe~tive October 20,. 2006, B~ of America; Naf~ioi~aY .~ssociatioa (OSAX Phoenix,
Charter Nniia~tZ 2210% merS;ccl into~a7ad'ua~er the curter and title of FIA Card
.I~~itiomalAssociatfon, W3linibgton,:Dalaware, CharterNucnt~r.~381.
WITNESS WH$R~Q~', X liavc herarpon set my hand and a~xcd #hc seal of said
A,saQC' 'o~i tl~i~ 20th say of July, ~0~3.
. ~ C~~ ~
($BAI. ~ i Connie.H. Smith
A,ssistanCSecretaiy
93an
Pg . a
F:\FILES\Cliema\13994 Pro Bono\13994.2 Robinson\13994.2.po2
Revised: 11112/10 2:01PM
George B. Faller, Jr., Esquire 1Y t k .J-I,r ? ??x
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER a E
MARTSON LAW OFFICES
12 PM
I.D. 49813
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
CACH, LLC, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 10-5421
CIVIL ACTION - LAW
DIRK A. ROBISON,
Defendant : JURY TRIAL DEMANDED
DEFENDANT'S PRELIMINARY OBJECTIONS
TO "PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTION"
AND NOW, comes the Defendant, Dirk A. Robison, by and through his attorneys,
MARTSON LAW OFFICES, and hereby preliminary objects as follows:
1. Plaintiff filed a Response to Defendant's Preliminary Objections.
2. Plaintiff's Response does not contain a proper Verification under Pennsylvania law.
3. Plaintiff's Response to Defendant's Preliminary Objections purports to reference
exhibits which are not attached to the Preliminary Objections, which is not proper under
Pennsylvania law.
4. Plaintiff's Response to Defendant's Preliminary Objections purports to attempt to
amend its Complaint which is not a proper manner of amending its Complaint under Pennsylvania
law.
WHEREFORE, Defendant requests that this Court grant Defendant's Motion to Strike
Plaintiffs Response to Defendant's Preliminary Objections for Plaintiff's failure to conform to
Pennsylvania Rules of Court.
Respectfully S-ubrr
MARTSC!k W
Date: November x.2010
By
George B. Faller, Jr., Esquire
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
CERTIFICATE OF SERVICE
I, Nichole L. Myers, an authorized agent for Martson Law Offices, hereby certify that a copy
of the foregoing Defendant's Preliminary Objections to "Plaintiff's Response to Defendant's
Preliminary Objection" were served this date by depositing same in the Post Office at Carlisle, PA,
first class mail, postage prepaid, addressed as follows:
Harrison Ross Byck, Esquire
HARRISON ROSS BYCK, ESQUIRE, P.C.
229 Plaza Boulevard
Suite 112
Morrisville, PA 19067
MARTSON LAW OFFICES
By
Nichole L. Myers
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: November JZ-, 2010
CY
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.) MARCH 25, 2011
CAPTION OF CASE
(entire caption must be stated in full)
CACH, LLC
DIRK A. ROBISON
PLAINTIFF
vs.
DEFENDANT
C=
r-ncD
CA ::0
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'A C,
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'
05421 2010
No. Tidrm --
>
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
PRELIMINARY OBJECTIONS
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
ALLAN C. SMITH, ESQUIRE -Law Office of Harrison Ross Byck, Esq., P.C.
(Name and Address)
Bucks County Office Center, 1276 Veterans Highway, Suite E-1, Bristol, PA 19007
(b) for defendants:
GEORGE B. FALLER, JR., ESQUIRE - Martson Law Offices
(Name and Address)
10 East High Street, Carlisle, PA 17013
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: MARCH 25, 2011
Date:
Print your name
PLAINTIFF
Attorney for
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case Is relisted.
ALLAN C. SMITH, ESQ.
Harrison Ross Byck, Esq., P.C.
Attorney I.D. 61511
Bucks County Office Center
1276 Veterans Highway, Suite E-1
Bristol, Pa 19007
1-888-275-6399 // (215) 428-0666
Attorney for Plaintiff
CACH, LLC
4340 S. MONACO -- 2ND FLOOR
DENVER, CO 80237
Plaintiff,
vs.
DIRK A. ROBISON
655 MUD LEVEL ROAD
SHIPPENSBURG, PA 17257
Defendant
2?1I 11AR _-? PM 2? 15
CLIMB NNSY?.VAN A T`?`
P
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 2010 - 05421
CERTIFICATE OF SERVICE
I, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's Praecipe for
Listing Case for Argument regarding the above-captioned matter upon defendant(s) DIRK A.
ROBISON by United States mail, postage prepaid, on March 2, 2011 at his/her attorney's
address of:
GEORGE B. FALLER, JR., ESQ.
MARTSON LAW OFFICES
10 EAST HIGH STREET,
CARLISLE, PA 17013
Date: March 2, 2011
By:
Allan C. S mith q.
Attorney I.D. o. 204756
CACH, LLC, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
DIRK A. ROBISON, c
m
DEFENDANT NO. 10-5421 CIVIL w n.
=rn
zM
-
Or-IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS a°
r ---4O
-n
BEFORE OILER, J., GUIDO, J. AND EBERT, J.
?
ORDER OF COURT > ; ca cs
AND NOW, this 31St day of March, 2011, upon consideration of the Defendant's
Preliminary Objections, the Plaintiff's Response thereto and after oral argument,
IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Preliminary
Objections are SUSTAINED. The Plaintiff is given twenty (20) days from the date of
this Order to file an Amended Complaint in compliance with the applicable Pennsylvania
Rules of Civil Procedure: The Amended Complaint shall
1. Describe and document the assignment of the Defendant's account from
MBNA through FIA Card Services to Plaintiff;
2. Attach monthly billing statements of Defendant's account which reflect the
opening of the account and statements which show individual charges and fees; and
3. Redact the Defendant's social security number from the Complaint.
By the Court,
Allan C. Smith, Esquire
Attorney for Plaintiff
N,?
M. L. Ebert, Jr., U J.
George B. Faller, Jr., Esquire
Attorney for Defendant
bas
Oppio. W"Ud
',1?1
George B. Faller, Jr., Esquire
I.D. 49813
R. Christopher VanLandingham, Esquire
I.D. No. 307424
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
CACH, LLC, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 10-5421
CIVIL ACTION - LAW
DIRK A. ROBISON,
Defendant : JURY TRIAL DEMANDED
NOTICE
( X ) Notice is hereby given that a Judent of Non Pros in the above-captioned matter has been
entered against you on /!q ,2011.
O A copy of all documents filed with the Prothonot in2srt e withi ent are
enclosed.
Pr ary
If you have any questions regarding this Notice, please contact the filing party:
MARTSO
By 1? M ?
George B. Faller, Jr., Esquire
I.D. Number 49813
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Defendant
(This Notice is given in accordance with Pa. R.C.P. 236.)
Notice sent to: CACH, LLC
4340 S. Monaco Street
Denver, CO 80237
Allan C. Smith, Esquire
HARRISON ROSS BACK, ESQUIRE, P.C.
229 Plaza Boulevard
Suite 112
Morrisville, PA 19067
George B. Faller, Jr., Esquire
I.D. 49813
R. Christopher VanLandingham, Esquire
I.D. No. 307424
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES c
10 East High Street rnco
Carlisle, PA 17013 xrn
(717) 243-3341
Attorneys for Defendant rte- °
o
CACH, LLC, C, y
IN THE COURT OF COMMON : AS:0F :7 =1
Plaintiff CUMBERLAND COUNTY, PEI'O?FY LVAN '
V. NO. 10-5421
CIVIL ACTION - LAW
DIRK A. ROBISON,
Defendant : JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter judgment of non pros in the above-captioned action for failure to file an Amended
Complaint in compliance with the Order of J.L. Ebert, of March 31, 2011, pursuant to Pa. R.C.P.
237.1.
I do hereby certify that the attached Notice is a true and correct copy of the original Notice of
Intention to Enter Default Judgment of Non Pros that was mailed to the Plaintiff on the 16th day of
May, 2011, pursuant to Pa. R.C.P. 237.1.
Dated: 6/8/11
MART?ON LAW ICE
By
George B. Faller, Jr., Esquire
I.D. Number 49813
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
61q / , 2011, Judgment entered by the Prothonotary this day according to
the tenor of the above statement.
-:Tee
D
k0el R&61
F:\FILES\Clients\13994 Pro Bono\13994.2 Robinson\13994.2.notl/nlm
Revised: 6/8/11 103 2 AM
George B. Faller, Jr., Esquire
I.D. 49813
R. Christopher VanLandingham, Esquire
I.D. No. 307424
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
CACH, LLC, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 10-5421
CIVIL ACTION - LAW
DIRK A. ROBISON,
Defendant JURY TRIAL DEMANDED
TO: CACH, LLC, Plaintiff, and their attorney, ALLAN C. SMITH, ESQUIRE
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE AN AMENDED
COMPLAINT IN THIS CASE IN COMPLIANCE WITH THE ORDER OF J.L. EBERT, JR., OF
C+ ! MARCH 31, 2011. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND
YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANTS AND THEREBY LOSE
PROPERTY OR OTHER IMPORTANT RIGHTS.
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 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
MARTSON LAW OFFICES
By )-'V? I?
Georg al , Jr., Esquir
I.D. Number 49813
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Dated: 5/16/11
CERTIFICATE OF SERVICE
I, Nichole L. Myers, an authorized agent for Martson Law Offices, hereby certify that a copy
of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA,
first class mail, postage prepaid, addressed as follows:
CACH, LLC
4340 S. Monaco Street
Denver, CO 80237
Allan C. Smith, Esquire
HARRISON ROSS BACK, ESQUIRE, P.C.
229 Plaza Boulevard
Suite 112
Morrisville, PA 19067
MARTSON LAW OFFICES
e
By?_
Nichole L. Myers
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 6/8/11