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HomeMy WebLinkAbout10-7160-r# ,~ ~ r. f'^, y'~rr (~ r r !~ e! c: t 4: 1 Z1~'~5 ~ ~Zf 2067771 ~~~~ ~~~';~ ~I~~I3J`; A~{ ARBITRATION MATTER. ~~~~ ASSESSMEN~'~ OF DAMAGES HEARING REQUIRED. ~. I e '° t , ,~, , '... wir rr !'~It ~ ~4~j~;~~s GORDON & WEINBERG, P.~~-~,q~~r ~l~~'~~ ~ '~r~ BY: FREDERIC I. WEINBERG, ESQUIRE ~, Identification No.: 41360 "'' ~~~~ t_. JOEL M. FLINK, ESQUIRE ~~ ~_ `~ ~_ -,~ Identification No.: 41200 '~~--: ;~ `~~- 1001 E. Hector Street, Ste 220 ~ ~""'' °~ ~°"'~ Conshohocken, PA 19428 _ _<~ 484/351-0500 ~~ =~=~"z y r ~ ~w: CACH, LLC COURT OF COMMON PLEAS ~~ `~' '~~-~P 4340 SOUTH MONACO STREET, CUMBERLAND COUNTY ~ DENVER,CO 80237 V5. SALLY J HARPER 480 SAMPLE BRIDGE RD ENOLA PA 17025-1025 DOCKET N0. 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ~ a~1 daa~ a~ ~,~~a~~,~~ e~~ a COMPLAINT IN CIVIL-ACTION 1. Plaintiff, CACH, LLC is a debt buyer and successor in interest to BANK OF AMERICA, N.A. as successor in interest to MBNA F/K/A 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)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 16, 2010 in the amount of $11,759.17. 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 12/31/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $11,759.17 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY• FREDERIC I. WEI ERG, ESQUIRE JOEL M. FLI , ESQUIRE Attorney for Plaintiff PO1P3.DB 2067771 11594472 CACH,LLC SALLY J HARPER 74972999964447 1•~;~i; ~ ~ M s ~ C hereby state that I am the agent for the plaintiff herei n, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foreping Complaint in Civil Action are trot and correct to the best of my latowledge, information anti belief and is based upon information which plaintiff has furnished to counsel. The langua~ in the Complaint is that of counsel and not of plaintiff. To the extent that the car~tents of the Complaint are that of counsel, plaintiII'has relied upon counsel in making this verification. This verification is made subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements, NAME 20ti7771 STATE OF COLORADO ~ Denver > ~~ COUNTY OF ) I, '~a~ ~i~~~ being fast duly sworn on oath or u n affirmatio that Y am the authorized a 1'0 ~ depose and state goat and a custodian of record of CACH, LLC, the plaintiff itt the case captioned CACH, LLC vs. SALLY J HARPER , that I am of bgal age with full authority to matte the statements contained herein, that 1 declare under penalty of perjury under the laws of the State of Pearwylvania that the following is true and correct; and if called as a vt~itness I could oompetcnlly testify to the mttters stated herein as follows: 1. I have reviewed the books and records of Plaintiff sad am familiar with the account of SALLY J HARPER (We "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 ar its assignee. The recede are kept in the ordinary cowse of a regularly conducted business activity and are made either by a person having personal knowlctlge of the information contained therein, and I know from my experience in reviewing such records and from common knowledge of haw credit cards work that those rtcorda are made and maintained by individuals who have a business duty to matte entries is the records accurately at or near the time of the event that they record 2. The rocords consist of both hard copy information and electronic information that is generated, stored and maintained is accordance with gareraUy accepted standards in the retail and financial industries by individuals that possess the knowledge and training necessary to ensure the accuracy and reliability of the records. 3. The business records furnished to plaintiff show that Defendant opened a credit card account with MARYLAND NATIONAL BANK, N.A. ("Original Creditor"} bearing account number 74972999964407 (the "Account"). 4. The Defendant defaulted in his/her payments to the Original Creditor. 5. For good and valuable conaideralion, Plaintiff purchased the Account from the Origins! Creditar or its assignee and Plaintiff is the current creditor of the Account. 6. All credits and payments have boon properly applied, Defendant is not entitled to any additional credits or offsets oa the account of any kind, and the balance as set forth herein is currently due and owing. 7. Tberc is now due and payable from the Defendant the sum of 57.345.4!3 pins interest of 52,684.4G at the rak of24.98°/. leas credits in the amoantof S.00 totaling 516,029.86 as of August 6, 2009. 8. To the bast of Affiant's knowledge and based upon infomiadon provided by the Original Creditor and a search of the databanks of the Department of Defense Manpower Data Center said Defendant is not in the active military service of the United States. Fnrtbcr Affiant sayeth not. Dated this day af~V~ Z~Q~009 CACiI, LLC By: Print Name:,_,~~ Title: Authori«:d Agee and Custodian of Records ~~:,(~~ 1 ~ ZJ~19 Subscribed and sworn to before me on this say of . 2119 My G~nission Expires: t F'~"f~ R HUGER NpTARY ~'UBLIC f ~TATC OF Ct71.QRADQ 'any C:om•h;~:sac,~ ~r.pirRS n2J03/2010 ' Request 1'ur Military Status Department of Defense Manpower Data Ccntcr Militazy Status Report Pursuant to the Servicemcmbcrs Civil Relief Act Page 1 of 2 AU(i-14-2009 07:03:31 ~ Lsst Name First/Middie IBegin Date Active llaty Status Serviee/Agency HARP>/R SAT,T,Y Based on the information you have fi~rnishcd, the DMDC does not possess any information indicating that the individual is eunrently on active duty. Upon searching the information data batilcs of the llcpartment of Defense Manpower Data Center, based vn the information that you provided, the above is the current status of the individual as to all branches of the Military. ~ ~-~- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1 GOt) Wilson Blvd., Suite 400 Arlington, VA 22209-293 '1'hc llcl'ense Manpower Data Center (D1v11)C:) is an organization of the F?epartmcait oi' Defense that maintains the Defense Enrollment and Eligibility Reporting System (lli/1:RS} database which is the official source of data ore eligibility for military medical care and other eligibility systems. The Ucpartmrnt ul'Defense stmngly supports the cnfurc;ement of the Servicemembcrs Civil Relief Act DSO USCS nppx. ~~ 501 et seq~ (5C'1tA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1040}. DMI)C: ha.~ issued hundreds ol'thousands of "does not possess any inl'urrnation 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, ar representative asserts in any manner that the individual is on active duty, ur is otherwise entitled to the protections of the SCRA, you arc strongly encouraged to obtain further verification of the person's active duty status by contactittK 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 Scrviec verification, pmvisions ofthc SCRA may be invoked against you. if you obtain further information about the: person { e.g., an SSN, improved accuracy of D(~R, a middle name), you can submit your request again at this Web site and wC will provide anew certiflcatc 1'ur that query. This response reflects current active duty status only. I'or historical information, please contact the Military Service SCRs paints-of-contact. See: http://wwv-~.dcfcnsclirik.mil/f'aylpis/T'C09SI.i7R.htm1 WARNING: This certif catc was provided based an a nt~me and Social Security number (SSN) provided littps://www,dmdc.asd.mi I/sera/owaJscra.prc_Select 8/14120{)9 ' Request !or Military Status Page 2 of 2 by the requester. Providing an crroneuus Warne or SSN will cause an crronenus certificate to be provided. Ren~ra ra.~ewwR~uue•rvc https://www.dmdc.ustt.mil/scra/owa/scrfl.prc Sclrcl 8/l 4/2UU9 SHERIFF'S OFFICE OF CUMBERLAND COUNTY -T C= -0z i --4 Ronny R Anderson r? rn p 2 AM ? t Sheriff Q„?tit° of u?au+Grr???t Xr - t '7 -gam Jody S Smith (C? o Chief Deputy r Richard W Stewart C") 2G ? ' Solicitor I Cach, LLC Case Number vs. 2010-7160 Sally J Harper SHERIFF'S RETURN OF SERVICE 11/2212010 05:45 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 22, 2010 at 1745 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sally J. Harper, by making known unto Nick Harper, Son of defendant at 480 Sample Bridge Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. DEN FRY, DE SHERIFF COST: $41.50 November 23, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF cj CountySuit? S`e??':f. Teieoso'!. 6;c. CACH,LLC 4340 SOUTH MONACO STREET DENVER, CO 80237 VS. SALLY J. HARPER 480 SAMPLE BRIDGE ROAD ENOLA PA 17025-1025 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 10-7160 ?m M M- Z ;?o c-) -° 70 C ' 7l X . z p . 4 C:) > RESPONSE TO COMPLAINT IN CIVIL-ACTION I, SALLY J. HARPER, Defendant on this date, December 11, 2010, in the above matter, acknowledge receipt of the Complaint filed by representatives of CACH, LLC, Plaintiff in Complaint. I do acknowledge this debt that is owed to the Plaintiff. I do acknowledge of only recently receiving correspondence from CACH, LLC. I have never done business with a company of this name and when correspondence comes in from them, I admittedly have not even paid attention as it comes into my mailbox along with many, many other letters from companies that are not legitimately debts I have incurred. None of the correspondence received by CACH has informed me that they represent Maryland National Bank, a company I did business with a decade ago -- and for which I have not received correspondence from in many, many years. This debt was incurred along with my former husband, Jerry Harper. I cannot locate a date even in this Complaint paperwork stating the year the debt was incurred, but I believe it to have been at least ten years ago. Since that time, I have been divorced. I do not see any information contained in the Complaint regarding attempts to settle this debt or what may have been sent or what kind of contact they have attempted to make with me. I do definitely recall recently -- only in the last few months, seeing some correspondence from Cach LLC, however, that company name is definitely not familiar to me and in looking at it, I did not see any affiliation to an actual debt I incurred. Please be advised that I am willing to repay this debt. I am employed and can resume payments of same. I did not purposely ignore requests to pay the debt or intentionally seek to obtain the credit without intention of paying it back. Also, I have been involved in foreclosure proceedings of my home for the last two years at least. In fact, my home in which I am residing was sold in sheriff's sale on October 6, 2010. In addition, through the divorce and arguing over who is paying which of the debts, etc., have a few other small bills that are delinquent. I have had a difficult time financially for several years. Therefore, I receive correspondence nonstop, both phone calls and mail, from companies pretending to be loan offers, companies asking to represent me for delinquent bills, companies trying to get me to have debts worked out by them. Very few are actual companies to which I owe money. This debt was not originally taken out through a company named CACH, LLC. I have never had any dealings directly with a company named CACH, LLC. The correspondence that I have received from them never mentioned the original name of the company I had dealt with until receipt of this Civil Complaint. The name of that company is Maryland National Bank. I did not know that CACH LLC was in any way affiliated with Maryland National Bank and I did not feel that any debt they corresponded to me about was a legitimate debt. I had never been advised that they had now taken over this company. In addition, I only recently started to receive ANY correspondence regarding the existence of this old debt. I request that CACH LLC correspond with me, either directly or through the court, to come up with an amicable solution so I can make affordable payments for this debt. I do not have $11,000 and I do not own anything even worth $11,000, and if Judgement is made against me to pay this amount, I will be forced into bankruptcy proceedings. Again, please understand I am not trying to make excuses or get out of paying this debt. This Complaint is the first clear correspondence I have received, explaining who CACH LLC is and where the debt came from that I owe to them. Please correspond with me at 480 Sample Bridge Road, Enola, PA 17025. I ask that the court at least give me time to work out a payment arrangement directly with CACH, LLC. f 's Sally J. Harper Date Original signature and document mailed to Gordon & Weinberg, :Plaintiff Counsel and Court of Common Pleas, Cumberland County on December 10, 2010 FRED WEINBERG & ASSOCIATES 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 2014PROTHONOTAH SEP 15 PM I: 50 CUMBERLAND COUNTY PENNSYLVANIA CACH, LLC vs. SALLY J HARPER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-7160 STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff intends to proceed with the above -captioned matter. The Law Offices of Frederic I. Weinberg & Associates„ P.C. BY: Dated: Frederic I. Woinb:rg, Esquire Joel M. Flink, quire Attorney for Plaintiff CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of foregoing pursuant to Pa.R.C.P. 1028©)(1), via First Class Mail, postage pre -paid, to all other parties or their counsel of record. P018. 4/ FREDERIC NBERG, ESQUIRE