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Home My WebLink About07-0153 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACH/ LLC Plaintiff No: 07 - /E:J Ciu.t y~ vs. COMPLAINT IN CIVIL ACTION RANDY SIMPSON 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 05416296 CEPit SGM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACH, LLC Plaintiff Civil Action No t)'1- /S'3 vs. RANDY SIMPSON Defendant 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 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: RANDY SIMPSON 104 PEARL DR CARLISLE/ PA 17013 3. Defendant applied for and received a credit card bearing the account number 4254490200459988 . 4. Defendant made use of said credit card and has a current balance due of $1960.71 , as of November 27, 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 November 27, 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 , RANDY SIMPSON , INDIVIDUALLY , in the amount of $1960.71 with continuing interest thereon at the rate of 6.000% per annum from November 27, 2006 plus costs. This law firm is a debt collector a t our client and any information obt i L.P.A. 2718 to collect this debt for be used for that purpose. o ~tf/6 2?b PAYMENT DUE DATE MINIMUM BALANCE AS OF PAYMENT 1210612004 ACCOUNT NUMBER . P.Q, 60x 68G133, D.U.., TX 75266.1).433 ....~ ChIIlgt of Add_ BeI_ 1_ blue or bIadt 1Nl) I 01102105 II $286.00 II $1,730.88 , 4254-4802-0045-9988 Addre. : AMOUNT ENCLOSED CUM blue or black Ink) Ar>!' $DDDDD.DD Crly: StaIlI: liD: Home PIlO1lll: N 000 Matce ChieM Peyeble to W-.hlngton Mutuel Worle Phon.' E-Mail: PROVIDIAN PROCESSING SVCS. P.O. BOX 660487 DALLAS TX 75266-0487 111111,111'111.1.1111I II 1111.1111..11111.1111111111111I11111I1 RANDY L SIMPSON 7.254 104 PEARL DR CARLISLE PA 17013-1044 II" 1/111.1 ",1111111 ..11111111 1111, .1111.1..1/1'11111.1.11111 ... . I .... 425449D2DD4599~~~t~ E I {' COlbllal '192 IlIU 1411 II. 7.ZS4 0173088 0013300 03 DeTACH HERE c 14121' p... 1 of N - - :::: == - - = - - - - .. == iii SIi - ii i - - . !I! Import.nt ........ YOUR ACCOUNT IS PAST DUE. Pleae pay the minimum payment Ii.ted above immediately or oali u. at 1-800-280-9441. Account SUmm.ry +: ~:~~~ '~':+':.~': ;>I:'~~.+,~" +'~"~ __~l.~t4i,lm;m1mll_ C..h Advance. + $0.00 -- NEW BALANCE = $1,730.88 - Statement Date 12106104 Credit U". $3,008.00 Available Credit for Cuh Advanoea a of 12106104 $0,00 -- Tran."on. Tran Post D... DIlle DHcrI Uon Refwence Number [)eo 01 OeD 01 LATE PAYMENT OHARGE FOR BILUNG 'ERRORS AND IMPORTANT INFORMATION, SEE REVERSE SIDE. BId.nee c.tegory ??oo Amount 9,00 Avet"llge D81ly B....,ctt Standard Purchase - Current Cycle $1,688.18 Standard Caah - Current Cycle $0,00 ANNUAL PERCENTAGE RATE thi8 blUing cycle: 23.'8% For 24-hour Automated Account Information, pie... 08111-800-356-0011 or viait U8 at WWW.provld"n.eom Your HOount la laaued by Provldl8n Halona' Sank, Tilton, NH. Dlilly PModle Annu.. % Rille Rille (APR) FlnuCle Charg.. GI1lCe Tenn. Term 8 Term 8 ,0657% .0657% 23.99% 23.99% $36.60 $0.00 0195 NMNOO02 VERI FICA TION 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. DEe 0 7 2006 . 5#JJeff~ WWR# 5416296 ~ n ~ ~ CI) ~ ~ ~ V1 C> ~ Vl ~ 6'" ~ -U ~ ~ --L i; 0 C t):S:: ~Tl r~::-! /':.i! 4_.. ~I 0:":: r-=:- 4--'- .."- .j..'-" ZC> ;;~! --; -"'- ::(! ""-3 = ~ ~ X"T) m-- r- ;gm ".9 ~:~ cJ .,...-+ ?~-i': 2() C'Jm "=t ~ .< e Co- > 2: t \.0 ::::r- :x co " w w v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACH, LLC Plaintiff No. 07-153-CIVIL TERM VS. PRAECIPE FOR DEFAULT JUDGMENT RANDY SIMPSON Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C W ARMBRODT, ESQUIRE PA 1.0.#42524 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#05416296 Judgment Amount $ 1,986.63 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACH, LLC Plaintiff vs. Civil Action No. 07-153-CIVIL TERM RANDY SIMPSON Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, RANDY SIMPSON above named, in the default of an Answer, in the amount of$I,986.63 computed as follows: Amount claimed in Complaint $1,960.71 Interest from NOVEMBER 27,2006 TO FEBRUARY 16,2007 at the legal interest rate of 6.0% per annum $25.92 TOTAL $1,986.63 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REfS CO., L.P.A. Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Kopper B . Cling, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 104 ARL DR CARLISLE,P A 17013 / Ii IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANlA CIVIL DIVISION CACH, LLC Plaintiff vs. Civil Action No. 07-153-CIVIL TERM RANDY SIMPSON Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on fYl ':uLr ( ~, ')..007 (xx) Assumpsit Judgment in the amount of$I,986.63 plus costs. () Trespass Judgment in the amount of $_ plus costs. () Ifnot 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 A ward Prothonotary BY~~ PR6THONOT CPUTY~ RANDY SIMPSON 104 PEARL DR CARLISLE,PA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P .A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, P A 15219 1-888-434-0085 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACH, LLC Case no: 07-153-CIVIL TERM Plaintiff NON-MILITARY AFFIDAVIT vs. RANDY SIMPSON Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent ofthe 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.e. App. S 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, RANDY SIMPSON is not in the military service. Affiant fm1her states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, RANDY SIMPSON is not in the military service. Further Affiant sayeth naught. ED in my presence thisb Vday ",' y,vf',\'I\A :r . r.OMi'i\Ui,ivE;\L :\.0,:,~,:~0l.~ - oJ N t'~. Iei' ,::.~,-:;a., . 0" , n'.ll- . " , Kp,'" ~'lclary r j " (' ';\C~ J. ,,:,.,.~, I, f:\\\::;gl(.:-' Gc"~~"y c.... O' )\ttsl" '0.. ,u .. , ...n09 h\ ' . __-f;F'~',1)llt2S'",,-, ,&.\;' M 'CC.,(1"\"S~',_..:.::.::.::,'-'= ~;;'lIes 1/ -\~:::\'" "''''';C'c>' ,~c ~:,('\5\j' Membef 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 Page 1 of2 Department of Defense Manpower Data Center . Military Status Report Pursuant to the Servicemembers Civil Relief Act FEB-16-200708:43:37 <: Last Name First/Middle Begin Date T Active Duty Status I Service/Agency SIMPSON RANDY 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 ofthe 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 ofDOB, 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: htlp:l/www,g~J~n~~lipk,--rnjJ/fag!pi~[J:?CQ9BLDK.hlrnJ WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scralowalscra.prc_Select 2/16/2007 Request for Military Status Page 20f2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:BTZTONMYLIH https:/ /www.dmdc.osd.mil/scra/ owa/scra. pre_Select 2/16/2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION , CACH, LLC Plaintiff Case # J7 -! 5-3 -CLV; /!u..,/l RANDY SIMPSON Defendant(s) IMPORTANT NOTICE TO: RANDY SIMPSON 104 PEARL DR CARLISLE,PA 17013 Date of Notice: WWR#: 05416296 2-/&!.J7 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:~~lbn~ PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 (.) ..f4 G~ \. ~ 1- ~ ~ r % P- ~ -:;) ~ .:::. :0 ! ~t ~ o ~> t-i" ~ ::3 ?t ? :;;0 \ ~ ~ ~-n ('11 r=: ""'()~ -: ~.~ .....r' ::~9; % '~~;f, 7fl U\ :4 CP SHERIFF'S RETURN - REGULAR CASE NO: 2007-00153 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACH LLC VS SIMPSON RANDY SHARON LANTZ / Sheriff or Deputy Sheriff of Cumberland County/Pennsylvania/ who being duly sworn according to law/ says/ the within COMPLAINT & NOTICE was served upon SIMPSON RANDY the DEFENDANT / at 1342:00 HOURS/ on the 10th day of January / 2007 at 104 PEARL DRIVE CARLISLE/ PA 17013 by handing to RANDY SIMPSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. So Answers: 18.00 ,../')./ ~~~ 4.40 .~~~~..t:. ~ .00 r ~ 10.00 R. Thomas Kline .00_/ 32.40/ 01/12/2007 D1 WELTMAN WEINBERG REI S "~~~ By: ~1A21t:f day /' Deputy Sheri A.D. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of