The URL can be used to link to this page

Home My WebLink About11-00212065946 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. ~ ~ "'~' BY: FREDERIC I. WEINBERG, ESQUIRE ~ '~ ~ ~ - ~ --~ Identification No.: 41360 ~''a' rn ~-- ~. ==-~ r~ JOEL M. FLINK, ESQUIRE c a~ =~ `vim Identification No.: 41200 --~?} w 1001 E. Hector Street, Ste 220 ~--~ .~._ ~r~ Conshohocken, PA 19428 ~~~'? ~ ~ ~~?~~ 484/351-0500 =~~= c..a ~``~ ' . ~ ~ ~, .,; r ~ _~ ,~`~ ,::~ CACH, LLC 4340 SOUTH MONACO STREET, DENVER,CO 80237 vs. BARBARA BARTLES 270 REDWOOD LN CARLISLE PA 17015 COURT OF COMMON PLEAS CUMBERLAND COUNTY 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 ) 2 4 9 - 316 6 ~9a . 00 PD A7?"y c# /3883;5 1 ~'~ a 53 /o?(~ COMPLAINT IN CIVIL-ACTION 1. Plaintiff, CACH, LLC is a debt buyer and successor in interest to HSBC Card Services as successor in interest to METRIS. 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 November 5, 2010 in the amount of $8,587.11. 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 2/28/07. WHEREFORE, plaintiff claims of the defendant(s) the sum of $8,587.11 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC WEI BERG, ESQUIRE JOEL M. F N ESQUIRE Attorney for Plaintiff POlP3.DB 2o6s946 10967485 CACH, LLC BARBARA BARTLES s~ssooiz~uososgi V1;R1 F~~AT1ON I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon imfomtation which plaintiff has furnished to counsel. The language in the Complaint is that of counsci and not of plaintiff: To the extent that the contents of the Complaint are that of counsel, plaintiff has relied upon counsel in making this verification. This verification is made subject to 18 Pa.GS. §491)4 which provides for certain penalties for making false statements. , !Vl~~f~~ H11111,gNC N ~~ EXHIBIT "A" 2065946 STATE OF COLORADO ) ss. COUNTY OF __ _ D81lVB[ } I, MARIA H VIJA N ~bcing first duly sworn on oath or upon affirmation, depose and state that I am the authorized agent and a custodian of record of CACH, LLC, the plaintiff in the case captioned CACH, LLC vs. BARBARA BARTLES , that I am of legal age with full authority to malae the statements contained herein, that I declare under pcnaEty of perjury under the laws of the State of Pannsylvaaia that the following is true and correct, and if called as a witness I could competently testify to the matters stated herein as follows: 1. I have reviewed the books and records of Plaintiff and am familiar with the account of BARBARA BARTLES (the "Defendant'. Plaintiffs books sad records contain aeoount records and information of the account referenced below providccl to Plaintiffby the Original Creditor referenced below or its assignee. The ncorc~ are kept in the arditwry course of a regularly conducted business activity and are made either by a person having personal knowledge of the information contained therein, and Y know from my experience in reviewing such records and from Common knowledge of how credit cards work that those records are made and maintained by individuals who have a business dory to make entries in the rcc;ords accurately at or near the time of the event that they record. 2. The records consist of both hard copy information and electronic infortnatian that is generated, stored and maintained in accordance with generally accepted standards in the retail and financial industries by individuals that possess the lwowladge and training necessary to ensure the accuracy end reliability of the records. 3. The business records furnished to Plaintiff show that Defendant opened a crodit card aocaunt with-DIRECT MERCHANTS ("Original Creditor")tx;aring account number 5458oD1271-DS088t (the "Aecount'~. 4. The Defendant defaulted in his/her payments to the Original Creditor. 5. For good and valuable consideration, Plaintiffpurcbased the Account from the Original Creditor or it4 assignee and Plainriffis the current creditor of the Account. 6. All credits and payments have been properly applied, Defendant is not entitled to any additional credits or offsets on the account of any kind, and the balance e,4 set forth herein is currently due and owing. 7. There is now due and payable from the Defendant the sum of Ss,sg7.l t plus interest of S.00 al the rate of 0°/. less credits in the amount of 5.00 totaling 58,587.11 as of Jvly 27, 2009. 8. To the best of Affiant's knowledge and based upon information provided by the Original Creditor and a search of the data beaks of the Department of Defatso Manpower Data Center said Defendant is not in the active military service of the United Stales. Further Afflant sayetlh not. AUG 4 8 2b09 Dated this day of ,~ _, 2009 Title: Autbonabd Agenf aal~CtisfQiiiita iifRecords ``~`JJ AUG p 6 2009 Subscribed and sworn to before me on this day of , 2009 ~- ._ My Commissipn Expires: ~~..-r PETER HUGER ~ NOTARY PU8L1C STATE OF COLORADO NN-N~r~~~~tiNMi~ My Cornmission Expires D2/t)3/2010 Request for Military Status Page 1 of 2 17eparttuent of llcfcttsc Manpower Data Center AUC-Of-2009 07:0$:I 1 Military Status Report Pursuant to the Servicemembers Civil Relief Act ~ Last Name FirstlMiddle Begin llate Active Duty Status Service/Ageney BARTLES BARBARA Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, hosed on the information that you provided, the above is the current status vl'the individual as to all branches of the Military. ~ r~ ,c~..y_r~,~. Mary M. Snavely-Dixon, Uircctor I)epartmcnt of llefense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlingtryn, VA 22209-25y3 The Defense Manpower Uata C;cnter (DMDC) is an organi~.ation of thc Ucpartment of Defense that maintains thc llcfense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility far military rncdical care and other eligibility systems. The Department ~f 17efense strongly supporl~ the enforcement of the Servicctncmbers Civil Relief Act [50 L1SCS Appx. §§ i01 rt seq] (SCRA) (fornierly the Soldiers' and Sailors' Givil Relief Act of 194U). UMUC' has issued hundreds of thousands of "does not possess any information indicating that the individual is currently nn active duty" responses, and has experienced a. small error rate. In the event the individual referenced above, or any family member, friend, or rcprescntative asserts in any mannet• that thc individual is on active duty, or is otherwise entitled to the protections of the SC'RA, you are strongly encouraged to obtain further verification ol'the person's active duty status by contacting that person's Military Service via thc "dcfcnselink.mil" URL provided below. if you have evidence the person is on active-duty anti you tail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy of'DnR, z middle name}, you can submit your request again at this Web site anti wr will provide a new certificate 1'ur that q uc;ry. This response rellects cun•ent Zctivc duty status only. l~or historical information, please contact the Military Service SC:RA points-of-contact. See : l~rtp://w•wvv.tlcfrns~;Eink.mi l/faq/pis/PC09Sl .17R..htm1 W~1RN1N{-T: This certificate was provided based on a name and Social Security nurnher (SSN) provided https:l; wv~~°.dmdc.osd.tnil/sera/owalsc;ra.prc_Select g/t;/ZOUy Request far Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an enoneaus certificate to be provided. Repart ID ~ BSA,ti'CUX/YJJI https://www.dmdc.osd.nullscralowa/scra.prc_Select 8/6/20Q9 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Cach, LLC vs. Barbara A Bartles L ED-0OF F}1C{E 271111 JAN 12 AM 9* Case Number 2011-21 SHERIFF'S RETURN OF SERVICE 01/07/2011 08:36 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 7, 2011 at 2036 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Barbara A. Bartles, by making known unto herself personally, at 270 Redwood Lane, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 January 10, 2011 _A! _ TIM 6LAtK, DEPUTY SO ANSWERS, R.ON R ANDERSON, SHERIFF GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2065946 r rn r W T-' Z a N G :r7 C: CACH, LLC VS. BARBARA BARTLES COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-21 PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $8,587.11 Less: Payments on Account ( $.00) Total: $8,587.11 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that: 1. The last known addresses of the parties are: CACH, LLC and that the last known address of defendant, BARBARA BARTLES, 270 REDWOOD LN, CARLISLE PA 17015. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of ?414M(44 ' the Soldiers and Sailors Civil Relief Act and is (are) over 18 ?uN? 6ka'-XW 36b years of age. . AND NOW, this day of k.? - , 2011 Judgment is entered in favor of the plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $8,587.11 as per the above certification. 124 ? ?` L-I e J a Prothonotary GORDON & WEINBERG, P.C. BY: 7< FREDERIC I. WEI BERG, ESQUIRE JOEL M. FL -14, ESQUIRE Attorney for Plaintiff 2065946 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 CACH, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOCKET NO. : 11-21 BARBARA BARTLES 270 REDWOOD LN CARLISLE PA 17015 NOTICE Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above proceeding as indicated below. /Rl Judgment by Default $8,587.11 L_L Money Judgment $ ,(1 Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 .? ??? PROTHONOTARY GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2065946 CACH, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. : 11-21 BARBARA BARTLES NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA BARBARA BARTLES 270 REDWOOD LN CARLISLE PA 17015 DATE OF NOTICE/FECHA DEL AVISO: January 28, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR 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 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: FREDERIC I/ W INBERG, ESQUIRE JOEL M. P10D-2 F NK, ESQUIRE GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 81894 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 COURT OF COMMON PLEAS CUMBERLAND COUNTY CACH, LLC VS. BARBARA BARTLES r-"'s CO-OMCL 21111 ??.9?? ??' 14 pENNSYI.VANIA TY DOCKET NO. : 11-21 SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this 22Febll, it is suggested of record that Defendant, BARBARA BARTLES, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about February 16, 2011, in the United States Bankruptcy Court for the Middle District of Pennsylvania, docket number 11-01045. Therefore, this matter should be stayed until further notice. GORDON & WEINBERG, P.C. BY: FREDERIC JOEL M. Attorney W NBERG, ESQUIRE IN , ESQUIRE or Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 20i I -4 Phi 1 33 U FENNSYL\'A? A TY CACH, LLC VS. BARBARA BARTLES COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-21 PRAECIPE TO VACATE JUDGbZNT TO THE PROTHONOTARY: Please vacate the Judgment entered in the above matter. GORDON & WEINBERG, P.C. 1-7 BY: FREDER C . WEINBERG, ESQUIRE JOEL M. FLINK,ESQUIRE Attorney for Plaintiff PO10 Ck- lycl Bay CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Vacate Judgment Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. ( FREDERIC L WE RG, ESQUIRE l L? l ? i Dated I