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Home My WebLink About06-7154t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACH, LLC Plaintiff No: ~ _ .~r~~u~ ~~v~/ vs. ! 7 (~ COMPLAINT IN CIVIL ACTION PAUL T HEARN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: ~~ James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05416325 C E Pit CXC r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACH, LLC Plaintiff vs. PAUL T HEARN Defendant Civil Action No t~G-7~5~ 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 twenty (20) days after this 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 forth 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 3 2 SOi7TH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 r COMPLAINT 1. 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 below: PAUL T HEARN 1111 N PITT ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 4559541900532920 . 4. Defendant made use of said credit card and has a current balance due of $4882.86 as of October 16, 2006 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 6.000 per annum on the unpaid balance from October 16, 2006 A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant PAUL T HEARN INDIVIDUALLY in the amount of $4882.86 with continuing interest thereon at the rate of 6.000% per annum from October 16, 2006 plus costs. Jam s C Warmbrodt,42524 WE T WEINBERG & REIS CO., L.P.A. 4 6 S venth Avenue, Suite 2718 P tt urgh, PA 15219 412 434-7955 AX 412-338-7130 05 6325 C E Pit CXC 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. PAYMENT MINIMUUI BALANCE A8 OF pllE OATS PAYMENT Q,Sl18l2005 P.Q. Box 860433. DaINs, TX 75288.W33 OaJt4/l15 ~077.OD ~4,66fi.40 4L~-54~9.00139.29Z0 kdlarM CfrnOa of Addnp BNow (uar blue or blank k~ AMOUhIT ENCL08E0 {wa blw or black Ink) City: Stas• Zio N Maka Chadcs PayaWa 1o t#Matdngton Mutual Florna Phony; Work Ahem 000 E•Mail PROVIDIAN PROCESSING SVCS. PAUL T NEARN six7s P.O. BOX 660487 1111 N PITT 8T DAiLAS TX 75286-0487 CARLISLE PA 17013.1429 r ~t~ II,,,I,I,I~„I,l,Ii,IIII„11,,,,I„il„I,l,,,ll„I,I,,,lll,,,l I,,,III,,,III,,,I„11„11„„li,!„I„1,1414wfIJ4~ 1 45595419D053292D D0977DD D45664D D01D7DQ Z7 N s= ~_ ++iii 9 am t;>a: ... r air ~~ ~/ ~ ~ ~: ACCOUNT Nt1MBEft t~TAdF4 NEtiE cout9nl 6692 o69z 640 7 f5053a Paaa ] of 1 N 061 a1Y70 tfriportsM IiAsswget YOUR ACCOUNT IS PAST DUE AND OVER tTS CREDIT LIMIT. PReafie pay the minimum payment Gated above along with the ovsrlimit-amount immediately or call us at 1-800-280-9441. TfansacUons ~ ran Post Dste Dats Dsscrl on ' Reterenoe Number Amount May 18 Maw/ 18 LATE PAYMENT CHAR4E t100~ •~ FOR BILLING ERRORS AND IMPORTANT INFORMATION, SEE REYER8E 81DE. f3alsnaa gtegory Average Dsl1y Perlodlc Annual ~ Ftnanos Grsoe Dally $alanoe Rste Rats (APR) Charpss Terms Standard Purohese -Current Cyok $4,474.02 .082296` 29.9996' $110.33 Tsrm A Standard Cash -Current Cyok $0.00 .082Y,6• 29.9996' $0.00 Term 8 ANNUAL PERCENTAGE RATE. this_billin p c rLolo: 29.aY76 'TheN rates msy vflrtr. For 24-twur Automated Aooount Information, please Dell i -800.280-0561 or visit ue at www.provldian.com Your account Is Issued by ProvidFan Natlonai Bank, 7Hton, NiH. OI~J5 *rtilnnooz VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsifications to authorities that he is Jeffrey Weyand, Authorized Agent of CACH, LLC, plaintiff herein, that he 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 his knowledge, information and belief. DEC 0 8 2006 Date J ey Wey n This law firm is,a debt collector attempting to collect this-debt for ourclient and any information obtained will be used for that purpose. WWR# 5416325 '~. _ _ w ~ J ~_ ~;t~ -_- ~, 'T1 -- ~~ ..y~ ~' .. i ,~~ .`a7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACH, LLC Plaintiff vs. PAUL T HEARN Defendant No. 06-7154 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#05416325 Judgment Amount $ 4975.97 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 DIVISTON CACH, [..LC Plaintiff vs. PAUL T I-LEARN Defendant TO THE PROTHONO'1~ARY: Civil Action No. 06-7154 C1VIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, PAUL T HEARN above named, in the default of an Answer, in the amount of $4975.97 computed as follows: Amount claimed in Complaint $4882.86 Interest from OCTOBER 16, 2006 to FEBRUARY 9, 2007 at the legal interest rate of 6.0% per annum $93.11 T'O"I'AL $4975.97 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. ~f By: _ I WILLIAM T. Mo. Cz ,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#05416325 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 1111 N PITT ST CARLISLE,PA 170 ] 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACH, LLC Plaintiff PAUL T HEARN Defendant(s) IMPORTANT NOTICE TO: PAUL T HEARN 1111 N PITT ST CARLISLE,PA 17013 Date of Notice : ~..~ WWR#: 05416325 Case # ~~.0' 1'~~ ~ L ~y ~ ~. l ~.K.~ - , 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 : t~~k I L~owwa t,Vr~o~~-- 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 Case no: 06-71.54 CIVIL TERM Plaintiff vs. PAUL T HEARN Defendant 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 T HEARN 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 T HEARN is not in the military service. Further Affiant sayeth naught. r J ~' " ? AFFIANT SWORN TO AND SUBSCRIBEyD-i~n my presence this ~ day of ~ . ~Zx ~ry'f ~JM N!l1~LVAtAA >~ N ARY P LIC A.Joi1ee,NaMYPtrbtb ~~~'~P~~f.~es.lune28 ~0 Me~r~ ~+AS~ivanta AESOCiBtip~- of NOtarlee 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 FEB-09-2007 05:33:04 ~. Last Name First/Middle Begin Date Active Duty Status Service/Agency HEARN PAUL T 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. ~ ~-~- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See. http;/lwww defenselink.mil_/fad/ps/I'C09SLDR.,htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra(owalscra.prc_Select 2/9/2007 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 ID: BSJKRNJJPVB https://www.dmdc.osd.mil/scralowa/scra.prc_Select 2/9/2007 z F /~ ~J r- ~_ ~' ^~ ~r~ ~ C "-C,l ~ ( ~ !+ w ~ .~,.r -~;ti;~c s i~5`1 i Y _.; f_... „<_ t~.~ , ~- ` ...- <.:_ _.. . ,Ty. f ..- f-d ...~, -.,-~ 1 Y N C~.`3. GaD Q ~r i `-~ C7 ~~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACH, LLC Plaintiff vs. PAUL T HEARN Defendant Civil Action No. 06-7154 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( }Garnishee You are hereby notified that the following Ord J gment was entered against you on ~~ ~a67 (xx) Assumpsit Judgment in the amount of $4975.97 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: PR THONOT (O EPUTY) PAUL T HEARN 1111 N PITT ST CARLISLE,I'A 17013 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`~ Avenue, Pittsburgh, PA 15219 1-888-434-0085 CASE N0: 2006-07154 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACH LLC VS HEARN PAUL T SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEARN PAUL T the DEFENDANT at 1611:00 HOURS, on the 26th day of December 2006 at 1111 NORTH PITT STREET CARLISLE, PA 17013 by handing to LINDA HEARN WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 ~/ 32.40 ~~~ alb Sworn and Subscibed to before me this day of , So Answers: .~~ R. Thomas Kline 00/00/0000 ~. By: eputy Sheriff A.D. .~.. ~... .,.. ...... ..... ,.w. .~ ;.w .. ...... ..... ;.~ ;..w :.~ ,w