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Home My WebLink About06-7077I:N I'HE COURT OF COMM014 PLEAS OF CUMBERLAND COUETY, PENNSYLVANIA CIVIL DIVISION :'A 1, LLC 1>lain°?iLf No: v?.. - Q 7 (?,C..) L, vs. COMPLAINT IN CIVIL ACTION PAUL ENSMINGER L7R Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Uaarmbrocit, 42524 hELTMAN, WEINBERG & REIS CO., L.,P.A. 435 Seven::h Avenue, Suite '2718 Pittsburgh, PA '5219 (41.2) 434-7955 FAY: 112-338-7130 05284382 C E Pit KEB IN PHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII DIVISION 7A 1-1, LLC Plain%iff vs. Civil Ac:.ion No PAU'.? ENSMINGER JR '3e andant COMPLAINT AND NOTICE TO DEFEND 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 :w?nty (20) days after this complaint and notice are served, by entering a .,i;:itten appearance personally cr by an attorney and filing in wri;.ing 4i.:ii the court your defenses or objections co the claims set: Forth against you You are warned that if you fail to do so the care may proceed without you and a judgment may be entered against you by tiz _ctict wi.thouc further notice for any money claimed in the complaint or ro_ any othe.i. claim o?- relief requested by the plaintiff. You may lose honey or property or other rights important to you. YOU SHOULD TAKE THIS PAPER 70 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO 'ro OR TELEPHONE THE OFFICE STET t'CRrli BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY 13E A13LE PO 0ROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SER',ICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER R.EF'ERRAL, SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 i CON! PLA T NT I.. Plaintiff, CACH, LLC is a corporation with offices at 370 17TH ST SUITE 5000 DENVER , CO 80202 2. Defendant is adult individual(s) residing at the address listed oelow: PAUL ENSMINGER JR. 328 S ENOLA DR, ##1ST FL 3NOl.,A, PA 17025 3. Defendant: applied for and received a credit card bearing the -acc )urt number 403113:1 3004 614 3 9 .1. Defendant made use of said credit card and has a current balance due of $2150..30 , as of September 21, 2006 5. Defendant is in default by failing to make monthly payments when due As such, the entire balance is i.mmediat:ely due and payable to Plaintiff. 5. Plaintiff is entitled to the addition of interest at the rate of 5.Y)0o per annum on the unpaid balance from September 21, 2006 . A coy: of Plaintiff's STATMENT is attached hereto, marked as Exhibit and made a part hereo_' .1 i Although repeatedly requested to do so by Plaintiff, Defendant zas NilLfully failed and/or refused to pay the balance due to Plaintiff Wherefore, the Plaintiff prays For judgment in its favor and against Defendant , PAUL ENSMINGER JR , INDIVIDUALLY , in the amount: :)f $2150.30 with continuing interest thereon at the rate- of 6.000% per an-_,m from September 21, 2006 plus costs. v T - Jam C. Wa rodt,42524 4EL' WEINBERG & REIS CO., L.P.A. 13 eventh Avenue, Suite 2718 P'tt burgh, PA 15219 41 ) 434-7955 'A 412--338-7130 0 28438? C E Pit KEB law firm is a debt collectox*Vttempting to collect this debt for. au:- client and any information obtained will be used for that purpo,,e. PO Box 660433, Wks. I X 75266.0433 k,dlcaw Change of Address Billow (we blue or black Ink) PAYMENT MINIMUM BALANCE AS OF DUE DATE PAYMENT 11112/2004 ACCOUNT NUMBER iyosro4 iszs:oo Si,sn.s7 4031.1313.0846.1439 Address: - Chy: State. Tin AMOUNT ENCLOSED (u" blue or black Ink) sOODE10.1-11 N Make Checks Payable to Washington Mutual Horne Phone WotkPho 000 E-Mai PROVIDIAN PROCESSING SVCS. PAUL E SMINGER JR 73961 P.O. BOX 660487 111850 RD 850 RD PA 17047 DALLAS TX 75266-0487 LOYSVILLE ILulrltlntltll!lrrdlrlllrrrdlkllklltlrrrllrrlkLrtllLktl Imlllr,k111111111kllnilfill I 4031131300461439 0032900 0197737 0005900 11 DETACIi HERE H N COLR9001 6092 0010 640 7 041112 Papa 1 of 1 N 000 73961 Important MMsmaes YOUR ACCOUNT IS PAST DUE. Please pay the minimum payment listed above immediately or oall us at 1-800-280-9441. L Account Summary - --- as....:_. u"a _,::r.&--•r„ ..a, .n..reac??xe=w,,,:c.rG•a ?., _.iy....__.x,:,.r_•- -_ .:•:.•E-'+r?_'`!•i•?-?3-•rv`?: e:_r,6;''3?R1? v:: E c, ? r T:• ?? •9 b 3= ? M M '? ` ?' ? -- .i'?"?:i:sE?F.. ,.:. •:?a siii•i%:.• _,F?,°"?$yyPmil... »... fir' z!:'..:^:°.5rti'S'if.C'•}..k._ ,.;s?.':r.,::_ _ _ _ . :_...r„. . . u ....-w:. .• . x-•a...wR. - . _.. ::.. l; Statement Date 11112/04 Credits dk Payments $ .00 Credit line $2,100.00 Cash Advances + $0.00 ?valil'i:?v' .0f. r?a?-::. ?: ' •?.,:: _': - :. - :.:.::'.:..:. _ _ ::; ,?,oo ??c?? °. _:::.° =::?; ?; < ::-._ _, ..:.; : 1 :?'. Available Credit for Cash Advances as of 11/12/04 $0.00 NEW BALANCE = $1,977.37 ?•1S}t111ifM1'!t Bi?il7 . ?ly9tllt .::. :. °-::;.: • - : ? .. g .....: ... -.. _ .. Transactions Train Post Date Date Description Rebrance Number Amount --- - Nov 09 Nov 09 LATE PAYMENT FEE 0000 w5 00 FOR BILLING ERRORS AND IMPORTANT INFORMATION, SEE REVERSE SIDE. Balance Categary Average Daily Periodic Annual % Finance Grace Daily Balance Rate Rate (APR) Charges Terms Standard Purchase - Current Cycle $922.23 .0219% 6.00% $6.26 Term B Standard Cash - Current Cycle $1,017.82 .0219% 8.00'/ $6.91 Term 8 ANNUAL PERCENTAGE RATE this billing cycle: 8.00° For 24-hour Automated Account information, please call 1-800-356-0011 or visit us at www.providlan.com Your account Is Issued by Providian National Bank, Tilton, NH. EXHIBIT 0195 NMN0002 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsifications to authorities that she is Dawn Rannells, Authorized Agent of CACH, LLC, plaintiff herein, that she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. Dawn Rannells This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. MR# C r ` n' F ''r V i Ty. C.: l`? f iT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACH, LLC Plaintiff vs. PAUL ENSMINGER JR Defendant No. 06-7077 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05284382 Judgment Amount $ 2218.52 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACH, LLC Plaintiff vs. Civil Action No. 06-7077 CIVIL TERM PAUL ENSMINGER JR Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, PAUL ENSMINGER JR above named, in the default of an Answer, in the amount of $2218.52 computed as follows: Amount claimed in Complaint $2150.30 Interest from SEPTEMBER 21, 2006 to APRIL 2, 2007 at the legal interest rate of 6.0% per annum $68.22 TOTAL $2218.52 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: WILLIAM T. MOLCZ , ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#05284382 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 328 S ENOLA DR, MIST FL ENOLA,PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACH, LLC Plaintiff PAUL ENSMINGER JR Defendant (s) IMPORTANT NOTICE TO: PAUL ENSMINGER JR 328 S ENOLA DR, #1ST FL ENOLA,PA 17025 j Date of Notice: Vq WWR#: 05284382 Case # ()CD- 90-71 n V V I I Term YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY 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 FOLLOWING 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY : ? i?,?? Gtre? ?Lto?ytey GU00 O ?'0?--- PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACH, LLC Plaintiff VS. PAUL ENSMINGER JR Defendant Case no: 06-7077 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, PAUL ENSMINGER JR is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, PAUL ENSMINGER JR is not in the military service. Further Affiant sayeth naught. 4f 2.? ?i" V ? ? AFFIANT my presence this day fClv`tp (,?UUc. ;t i ()f= PE"LVrlfd ".? aiSe<, P._id1 J. Kr, _ City Of FE f,, A a ,y Coy UyCo t;p• 2009 Member. a This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 APR-02-2007 07:25:31 * Last Name First/Middle Begin Date Active Duty Status I Service/Agencjr ENSMINGER PAUL JR Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center. based on the information that you provided. the above is the current status of the individual as to all branches of the Military. IA. 110414_ Awt In 40?m_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd.. Suite 400 Arlington.. VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrolhnent and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;4167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any infonnation indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any maimer that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Militarv Service via the "defense link.mil " URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification. provisions of the SCRA may be invoked against you. If you. obtain further information about the person ( e.g., an. SSN, improved accuracy of DOB, a middle name). you can submit your request again at this Web site and we will provide a new certificate for that query. please contact the This response reflects current active duty status only. For historical information- Military Service SCRA paints-of-contact. See: ht?//www.defenselink.mil/fag/pi.s/PC09SLDR.htm1 WARNING "phis certificate was provided based on a name and. Social Security number (SSN) provided. https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/2/2007 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report 1 D: CF.I. YQ VB,YT 6!'Y https://www.dmdc.osd.mil/scra/owa/scra.prc-Select 4/2/2007 Ti- li IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACH, LLC Plaintiff vs. Civil Action No. 06-7077 CIVIL TERM PAUL ENSMINGER JR Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order r Jud ment was entered against you on ! ?.d0 (xx) Assumpsit Judgment in the amount of $2218.52 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By. ??,. Allf,?L PROT ONOTAR PAUL ENSMINGER JR 328 S ENOLA DR, 91ST FL ENOLA,PA 17025 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`t' Avenue, Pittsburgh, PA 15219 1-888-434-0085 SHERIFF'S RETURN - REGULAR CASE NO: 2006-07077 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACH LLC VS ENSMINGER PAUL JR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ENSMINGER PAUL JR the DEFENDANT , at 2022:00 HOURS, on the 12th day of December-, 2006 at 328 S ENOLA DRIVE 1ST FLOOR ENOLA, PA 17025 PAUL ENSMINGER JR by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.08 Affidavit .00 Surcharge 10.00 .00 ? 42.08 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/18/2006 WELTMAN WEINBERG REIS By: D u y e iff A. D. -r ti Tracy L. Updike, Esquire PA Supreme Court lD# 88680 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH, LLC CIVIL ACTION - LAW Plaintiff, No. 06-7077 vs. PAUL E. ENSMINGER, JR. Defendant NOTICE OF STAY NOTICE IS HEREBY GIVEN that Paul E. Ensminger, a/k/a Paul E. Ensminger, Jr., above-named Defendant, has filed a Petition under Chapter 7 of the United States Bankruptcy Code to Case No. 1-07-02006, and as a result thereof the above-captioned action is stayed until further Order of the United States Bankruptcy Court. The undersigned executes this Notice for purposes of giving notice only. The providing of this Notice is not intended to enter an appearance in the within case. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. 0 Date: July 2, 2007 By: 6t?_4 ? Tra L. Up i e, Esq ire I.D. # 88680 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 r V CERTIFICATE OF SERVICE I, Lindsey M. Dougherty, do hereby certify that a true and correct copy of the NOTICE OF STAY was sent by first class mail, postage prepaid on this day to the following: Weltman, Weinberg and Reis CO., L.P.A. 2718 Koopers Building 436 7' Avenue Pittsburgh, PA 15219 CACH, LLC 370 17'' Street Suite 5000 Denver, CO 80202 Date: July 2, 2007 F:\Home\I.DOUG HERTY\ENSMINGER\SUGGOFSTAY.wpd Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. By: I n V ` Lcn=tl indsey Dougherty 2