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HomeMy WebLinkAbout07-7001Leonard A. Sanguedolce, Esquire Attorney for Plaintiff, CACH, LLC. Identification No. 204325 Law Offices: Harrison Ross Byck, Esq., P.C. 15 Public Square, Suite 202 Wilkes-Barre, PA 18701 Phone: (570) 823-0101 Fax: (570) 825-7799 CACH, LLC, vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW MICHELLE BOWSHOT, Defendant NO. D 7 - °700 / ?Ji 1 +`rft 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 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, 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 800-990-9108 Respectfully submitted, /904, y ?4 • ?t Leonard A. Sang olce, Esquire IMPORTANT NOTICE If this is the first Communication you have received from this office, please be advised of the following: Unless, within thirty (30) days after receipt of this notice, you dispute the validity of the debt, or any portion thereof, the debt will be assumed to be valid by CACH, LLC. If you notify me in writing within the thirty-day period that you dispute the debt, or any portion thereof, I will obtain verification of the debt or a copy of the judgment against you and a copy of that verification will be mailed to you. Additionally, if, within the previously described thirty (30) days, you request in writing the name and address of your original creditor, I will furnish you with that information if that creditor is different than the current creditor (CACH, LLC.). Please note, that the law does not require me to wait until the end of the thirty-day period before suing you to collect this debt. If, however, you request proof of the debt or the name and address of the original creditor within the thirty-day period that begins with your receipt of this Notice, the law requires me to suspend my efforts (through litigation or otherwise) to collect the debt until I mail the requested information to you. Please be guided accordingly. "This is an attempt to collect a debt and any information obtained will be used for that purpose." Leonard A. Sanguedolce, Esquire Attorney for Plaintiff, CACH, LLC. Identification No. 204325 Law Offices: Harrison Ross Byck, Esq., P.C. 15 Public Square, Suite 202 Wilkes-Barre, PA 18701 Phone: (570) 823-0101 Fax: (570) 825-7799 CACH, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW MICHELLE BOWSHOT, Defendant NO. fS 0 C z j COMPLAINT AND NOW, comes the Plaintiff, CACH, LLC, by and through its Attorney, Leonard A. Sanguedolce, Esquire and files this, its complaint against the Defendant, MICHELLE BOWSHOT, and in support thereof avers the following: 1. That, the Plaintiff, CACH, LLC, is a Delaware corporation with its principal place of business located at 370 17th Street, Suite 5000, Denver, Colorado, 80202. 2. That, the Defendant, Michelle Bowshot is an adult and competent individual who resides at 319 College Hill Road, Enola, Cumberland County, Pennsylvania 17025. 3. That, on or about April 1, 2006, the Defendant, Michelle Bowshot was indebted to Bank of America, N.A. on credit card account number 5491 0001 0201 1553 in the amount of $27,141.57. A copy of the April 2005 statement is attached hereto, made a part hereof and labeled Exhibit "A". 4. That, on or about October 6, 2006, Bank of America, N.A. assigned the above referenced debt, for good and valuable consideration, to CACH, LLC. A copy of Certificate of Purchase is attached hereto, made a part hereof and labeled Exhibit "B". 1 5. That, pursuant to the cardholder agreement entered into between the Defendant and Bank of America, N.A., the Plaintiff is entitled to pre-litigation interest of $22.56 per day from the date of charge-off which is calculated as follows: 30.34% annual percentage rate X $27,141.57 _ 365 days or 22.56 x 600 days which equals an additional $13,536.00, reimbursement of costs and reasonable attorney fees in the amount of $2,000.00. 6. That, despite repeated demands by the Plaintiff, Defendant has failed to pay the sum of $42,677.57 which remains due and owing on the above referenced account. 7. That, the claims raised in the Complaint are subject to an agreement to submit these claims to arbitration. WHEREFORE, Plaintiff, CACH, LLC, prays this Honorable Court for Judgment in favor of Plaintiff and against Defendant, MICHELLE BOWSHOT, for $42,677.57 together with costs and interest. Respectfully submitted, - J &Zfflm d x - 40 0 W ae Z-Z/-- Leonard A. Sa gu olce, Esquire Law Offices: Harrison Ross Byck, Esq., P.C. 15 Public Square, Suite 202 Wilkes-Barre, PA 18701 (570) 823-0101 Attorney for Plaintiff, CACH, LLC VERIFICATION JESSICA SNDDGRASS , hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that MICHELLE E. BOWSHOT owes the balance of $27,141.57 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. Dated: MAR 1 4 2007 Authorized Representative ¦ ,,,Ft 0005000 1752458 0512158 5491000102011553 lhoft A." w.Aw 54910001 0201 1553 Ameura ? 824.58 y`: $17 Ea%IC?Id • For o5w0? dadiw 5MM5 we Aaa in Nc4 , . -- •i4wearwiwY.iMro619NOwaFIMa? ;?-"'?" ?t2i.i8 .. APR. 11, 2005 For aomra k0ma Y10R on: tals9 w tl.rle, s 1-900-X92.2500 MICHELLE E BOWSHOT CREDIT CARD SERVICES BO SHO 1 9 OpLLE P.O. BOX 1070 D C ENOLA PA 17026-2116 NEWARK, NJ 07101.1070 1071011070706! !1702521161951 '5449-9002"54910102011553< 103547 D's's rwwaretar 6.v,wMp" N. A000UKi SUMMARY FOR MICHELLE E BOWSHOT Aw.01a,0NM: 5491 0001 0201 1385 PAYMM7 vv* MATION 52,005.00 0.00 • • i:9 # n M + 0.00 00 4292 ',.. , . 's!'dFS 52,824.58 XOO * o- + 32837 Sb,t2t 58 . 9-151 APR. 11, 2005 Toth Credit unit: jiS,000A0 Ctlah AAVNM U%*-. $4,M.W Clerhg 0" 09517506 a4: 30 D I W" C1 AvwftW* C7adR: =0.00 wp n 1 CaFh Advrlcw ArrihbM:40.00 w nEwnu rf rl now Dab yr 7w PGOV Daly n vrl9?rnrw r...,.....cv > ma. „ a Trr AMA 089mv0on Cre to ctwo r tln7 m?' OVEW.ESTF0 7AtiN one pre! LAM FEE 00A7 URT 'OMWXCHAROE' PURCHASUSIll 1CASHA&ANCE We 909.77 For tWOtndw 011 Far aomrd or b romb Cuski nef 9Nvicc ? ' ? - •. . " P.Q S00f it1fMTRL1NM'>bN OE 1tN60.91N ? ? 5,c:;r•• . ANNUAL PERCENTAGE RATE acFwwrnwanEwMnrr+Mrrplr?waMl?vaMl?1: t7JM% ANNUAL PERCENTAGE RATE trarhawvrlsaaQlparre-vftamakvESAlaax 27.470% NyaY Naga r rr19015 rr ralaaat, laeFFr?? wMSa w? ?? 004)RMATION "m You PLEASE CALL USOMIEOMTELY AT 140641414019. YOUR ACCOUNT M MW OUR. YOU 0NY NON MAKE PAYYENtti ONLINE it WWWRANIGOFAM MAXXIOCAR011i1NF7UlCCM YOUR ACCOUNT M CUMMMY CLOSED SIPOWAUrNOT1CE THE SEoCT10N OF YOUR CARDHOLDER AQPWLBU NT "U"'PAYNSKM K NEM CLANRiO TO RERECT7HAT EFFECTWE APRIL A 1000r TRANSAC110NS THAT Atli tD11VERT W FWW FOREIOH CURNVACY 91tO U!. OOLLAM WLLMO L ONOERHAVE AN NOREASE OF I%olttAWEO N THE TRANSACTION AMOUIIT. 0EEREYEIME010EFORIRPORIARTWO M710R 5311 0903 mo 19 7 11 050$17 E X Pat. 1 of 1 $275 0119 IAVP 01DU5511 195547 EXHIBIT CERTIFICATE OF PURCHASE I J ESS (C A S N o D G RAS S, hereby depose and state that: 1. I am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: MICHELLE E. BOWSHOT Original Creditor: Bank Of America,N.A Account Number: 5491000102011553 3. On or about October 6, 2006 this account was issued by the original creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. MAR 1 4 2007 Date: Sworn and subscribed to before me this -//7/- day of 2007. ` Notary Public My Commission Expires: ® EXHIBIT %% PRUDENCE TINBERG NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/03/2010 f7 ^? Liu (N ?. CC) ? q d SHERIFF'S RETURN - REGULAR CASE NO: 2007-07001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACH LLC VS BOWSHOT MICHELLE DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOWSHOT MICHELLE the DEFENDANT at 1935:00 HOURS, on the 26th day of November-, 2007 at 319 COLLEGE HILL ROAD ENOLA, PA 17025 MICHELLE BOWSHOT by handing to 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 Service Affidavit Surcharge ` ? - ?/,a v Sworn and Subscibed to before me this So Answers: 18.00 14.40 4_ .00 Z? 10.00 R. Thomas Kline 42.40 11/27/2007 JOHN P RODGERS By : day Deputy Sheriff of A. D. CACH, LLC, ; Plaintiff, V. : Michelle Bowshot, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No.: 2007-CV- 7001 PRELIMINARY OBJECTIONS FILED BY DEFENDANT MICHELLE BOWSHOT AND NOW COMES Defendant, by and through his counsel, and files these Preliminary Objections pursuant to Pa.R.C.P. 1019, Pa.R.C.P. 1024, and the following: L INTRODUCTION 1. Plaintiff commenced the above-captioned action in this Honorable Court by filing a civil Complaint on or about November 21, 2007. 2. Plaintiff seeks damages pursuant to a credit card agreement with Fleet Bank that is not attached to the Complaint. 3. Plaintiff is an assignee of Fleet Bank and did not attach a copy of the assignment to the Complaint. 4. Plaintiff demands the amount of $42,677.57, which includes interest, fees and costs. Paragraphs 6 of the Complaint. if. LEGAL ARGUMENT 5. The alleged consumer debt in question involves a credit card agreement between the Defendant and a third party, Fleet Bank. (Hereinafter Agreement) 6. There is no copy of the Agreement attached to Plaintiff s complaint. 7. Pennsylvania law requires that Plaintiff have a valid assignment of the alleged debt prior to having authority to collect same. 18 Pa.C.S. §7311(a)(1) and (2). 8. Plaintiff failed to attach any written documents to its Complaint that would show it has authority to collect the alleged debt. 9. Pennsylvania law requires Plaintiff to have proper documentation in order to collect interest, fees and/or costs. 8 Pa.C.S. §731 l(b)(1). 10. Plaintiff failed to attach any written documents to its Complaint, that would show it has authority to collect interest, fees and/or costs. 11. Plaintiff failed to attach any written documentation showing how it calculated the alleged debt. 12. Plaintiff failed to afford Defendant the opportunity to dispute the alleged debt, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq. 13. Plaintiff failed to afford Defendant any rights in the collection of the alleged debt, pursuant to 15 U.S.C. § 1692 et seq., as well as Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. §2270 et seq. 14. Plaintiff alleged no facts to demonstrate that it has the legal authority to collect the alleged debt. 15. The Plaintiff's Complaint should be dismissed because Plaintiff's Complaint is based on various written documents, not attached to the Complaint. 16. The Plaintiff's Complaint lacks subject matter jurisdiction over the defendant as the defendant does not owe any monies to the Plaintiff and Plaintiff has yet to prove that it stands in the position as the original creditor. 17. Plaintiff's Complaint fails to conform to Pa.R.C.P. 1019. 18. Plaintiff's Complaint fails to conform to Pa.R.C.P. 1024. 19. Plaintiff failed to provide sufficient information to verify its Complaint. 20. Plaintiff is time-barred from bringing this action. 21. Defendant requests that Plaintiff provide proof as to how the alleged debt was calculated. WHEREFORE, the Defendant respectfully requests that this Honorable Court, dismiss Plaintiff's complaint with prejudice. Dated: r )-/o 'Y By: /s/Deanna Lynn Saracco Deanna Lynn Saracco, Attorney for Defendant 76 Greenmont Drive, Enola, PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com Certificate of Service: I hereby certify that a true and correct copy of the foregoing was served on attorney for the Plaintiff via U.S. First Class Mail as follows: Leonard A. Sanguedolce, Esquire 15 Public Square, Suite 202 Wilkes Barre, PA 18701 Dated: (/a/O g By:/s/D nna nn ara co ? aG7 .? 1 b+ Deanna Lynn Saracco Attorney for Defendant/Petitioner Attorney ID#77414 76 Greenmont Drive Enola, PA 17025 717-732-3750 CACH, LLC, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. V. Michelle Bowshot, Defendant/Petitioner. No.: 08- 2007-7001 Civil Term DEFENDANT's PETITION FOR RULE TO SHOW CAUSE ORDER AND NOW, this 23rd day of June, 2008, comes the Defendant/Petitioner, by and through his/her attorney, Deanna Lynn Saracco, and respectfully requests that this Honorable Court issue a Rule upon Plaintiff/Respondent, to Show Cause pursuant to Cumberland County L.R. 206.4, Pa.R.Civ.P. 208.3(a) and submits the following in support hereof: 1. Plaintiff/Respondent filed a Complaint against the Defendant/Petitioner on November 21, 2007. 2. The basis of the suit is for an alleged debt, (See Plaintiff's Complaint, paragraphs 3-5); however the Plaintiff/Respondent failed to demonstrate that it has the legal authority to collect the debt and/or to file suit against the Defendant/Respondent, pursuant to 18 Pa.C.S. §7311 et seq. 3. The Plaintiff/Respondent failed to demonstrate how the alleged debt was calculated and failed to provide the Defendant/Petitioner an opportunity to dispute the alleged debt pursuant to federal law, 15 U.S.C. § 1692 et seq., also known as the Fair Debt Collection Practices Act. J ? 4. Defendant/Petitioner filed Preliminary Objections on January 2, 2008. 5. More than twenty (20) days passes since service has been made and to date, the Defendant/Petitioner has not received a response to the Preliminary Objections. 6. Plaintiff/Respondent should be required to Show Cause as to why the Preliminary Objections should not be granted and judgment entered in favor of the Defendant/' Petitioner. 7. Pursuant to Pennsylvania Rule of Court 206.5(b), a proposed Order in the form prescribed by subparagraph (d) of the Rule is attached hereto. WHEREFORE, Defendant/Petitioner respectfully requests that this Honorable Court issue a Rule to Show Cause upon Plaintiff/Respondent to show cause as to why the Preliminary Objections to the Complaint should not be granted and judgment be entered in favor of the Defendant/Petitioner. Dated: 6/23/08 Respec lly sub itted, By: Deanna Lynn Saracco Attorney for Defendant/Petitioner 76 Greenmont Drive, Enola, PA 17025 717-732-3750 Certificate of Service: I hereby certify that true and correct copy of the foregoing Rule to Show Cause was served on Plaintiff/Respondent, via U.S. First Class Mail, postage prepaid, as follows: Leonard A. Sanguedolce, Esquire, for Plaintiff 15 Public Square, Suite 202 Wilkes Barre, PA 18701 Dated: 6/23/08 By: Deanna Lynn Saracco 71 CACH, LLC, Plaintiff, V. Michelle Bowshot, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No.: 2007-CV- 7001 PRAECIPE TO ENTER APPEARANCE I hereby enter my appearance on behalf of Defendant Michelle Bowshot, in the above captioned matter, replacing attorney Deanna Lynn Saracco. Please change the docket to reflect that I am now attorney of record. Dated: Certificate of Service: Respectfully submitted, Lawrenc . Rosen, Attorney Krevsky & Rosen 1101 North Front Street Harrisburg, PA 17102 717-234-4583 I hereby certify that a true and correct copy of the foregoing was served on attorney for the Plaintiff via U.S. First Class Mail as follows: Leonard A. Sanguedolce, Esquire 15 Public Square, Suite 202 Wilkes Barre, PA 18701 Dated: 11.10144 By: Lawre J. osen Fr, Y? c CACH, LLC, Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No.: 2007-CV- 7001 Michelle Bowshot, Defendant. PRAECIPE TO WITHDRAW APPEARANCE AS COUNSEL FOR DEFENDANT I hereby Withdraw my appearance on behalf of Defendant Michelle Bowshot, in the above captioned matter. Attorney Lawrence J. Rosen entered his appearance. Please change the docket to reflect that Attorney Lawrence J. Rosen is now attorney of record. Respectfully submitted, Dated: 12 5/08 By: /s/Ue?nn Saracco oZ dt0/d 9 Deanna Lynn Saracco, Attorney for Defendant 76 Greenmont Drive, Enola, PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com Certificate of Service: I hereby certify that a true and correct copy of the foregoing was served on attorney for the Plaintiff via U.S. First Class Mail as follows: Leonard A. Sanguedolce, Esquire 15 Public Square, Suite 202 Wilkes Barre, PA 18701 Dated: 12>1M8 d (,?O/ j 9 By:/s/ a ynn Saracco ? 4..., f...v.5 * i ? •, CO ? ? Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff iVic. ftD??9t}t?0 rJ",A?ERL?t COUrrT P ENNSYLVtth CACH,LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, vs. MICHELLE BOWSHOT 319 COLLEGE HILL ROAD ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2007-CV-7001 PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS CACH, LLC, Plaintiff in the above-captioned case hereby responds to Defendant's preliminary objections as follows: 1. Agreed. 2. Plaintiff attaches to this response a copy of the credit cardholder agreement from Bank of America and hereby requests the Court to append Plaintiff's complaint by attaching said document as Exhibit C. 3. Plaintiff attaches to this response a redacted copy of the Bill of Sale and a copy of the Affidavit of Claim and hereby requests the Court to append Plaintiff's complaint by attaching said documents as Exhibits D and E respectively. 4. Plaintiff attaches to this response a copy of the Merger documents showing the relationship between Fleet and Bank of America and hereby requests the Court to append Plaintiff's complaint by attaching said document as Exhibit F. 5. Agreed. 6. Plaintiff attaches to this response a copy of the credit cardholder agreement from Bank of America and hereby requests the Court to append Plaintiff's complaint by attaching said document as Exhibit C. 7-10. Plaintiff attaches to this response a copy of the credit cardholder agreement from Bank of America and hereby requests the Court to append Plaintiff's complaint by attaching said document as Exhibit C. With regard to actions to recover debt incurred by using a credit card, it has been held that the requirements of Rule 1019(1) are satisfied if the plaintiff attaches the underlying agreement between the issuer of the credit card and the credit card holder. Marine Bank v. Orlando, 25 Pa. D. & C3d 264 (Pa.Com.Pl. 1982). To the extent Defendant argues that Plaintiff failed to attach a signed Agreement evidencing that Defendant agreed to be bound by the terms of the card holder agreement, we note that Rule 1019(1) does not require that the writing attached to a pleading forming the basis for the claim therein contain the signatures of the parties. Rather, Rule 1019(1) merely requires that a copy of the writing forming the basis for the claim, or the material part thereof, be attached to the pleading. There is no requirement that the writing contain the signatures or other marks or seals of the parties evidencing acceptance of the terms of the writing. In fact, the rule specifically states that if the writing is not available, the pleader need only state that fact and set forth the substance. 11-13. The amount prayed for in the complaint of $42,677.57 resulted from the addition of the balance due as of April 1, 2006 of $27,141.57, interest of $13,536.00, court costs and attorney's fees of $2,000.00. Judge Wettig in Worldwide Asset Purchasing, LLC v. Stern, 153P.L.J 111 (2004) stated: "I also ruled that a complaint in which plaintiff seeks recovery of a specific amount of money that is allegedly due must include documentation or allegations supporting recovery of this amount, I said that a complaint must contain sufficient documentation and allegations to permit a defendant to calculate the total amount of damages that are allegedly due by reading the documents attached to the complaint and the allegations of the complaint. The figures stated above and which are listed in the complaint provide the sufficient documentation and allegations to enable the Defendant to calculate the total amount claimed in the complaint. 14. In establishing the chain of assignment, Plaintiff attaches to this response a redacted copy of the Bill of Sale along with a copy of the Affidavit of Claim and Certification of Debt. To the contrary, Plaintiff does have legal authority to collect on this account as Plaintiff is the current owner of the account. 15. Plaintiff has remedied these allegations by providing all documentation in this response. 16. In establishing the chain of assignment, Plaintiff attaches to this response a redacted copy of the Bill of Sale along with a copy of the Affidavit of Claim and Certification of Debt. To the contrary, Plaintiff does have legal authority to collect on this account as Plaintiff is the current owner of the account. 17-20. Examining the allegations of the complaint and the exhibits attached thereto in their entirety, Plaintiff has adequately averred the various assignments which afford it standing and the capacity to sue Defendant for her outstanding credit card debt. Moreover, Plaintiff has provided Defendant with fair notice of its claim and a summary of the material facts supporting that claim. Any additional specifics regarding the individual credit card transactions may be appropriate subjects for discovery, but do not warrant dismissal of the complaint. 21. By using and/or authorizing the use of the credit card Defendant accepted the contract with the Issuer and became bound to pay for all charges incurred with the credit card. Defendant also became subject to all of the terms and conditions of the Issuer's cardholder agreement where the provisions of the cardholder agreement allow for sale of the account along with all rights and obligations requiring the cardholder to pay for costs incurred in any collection proceeding, including reasonable attorney's fees. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court deny and dismiss Defendant's Preliminary Objections, together with all such other and further relief, at law or in equity, as to which Plaintiff may be justly entitled. Respectfully submitted, -?L Allan C. S ith, Es q". Harrison Ross Byck, Esq., P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACH,LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, vs. MICHELLE BOWSHOT 319 COLLEGE HILL ROAD ENOLA, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2007-CV-7001 Defendant. PLAINTIFF'S RESPONDING BRIEF TO DEFENDANT'S PRELIMINARY OBJECTIONS CACH, LLC, Plaintiff in the above-captioned case hereby responds to Defendant's preliminary objections as follows: I. Matter Before The Court Before the Court is the Plaintiff's Responding Brief to the Preliminary Objections of the Defendant. II. Issues Presented Does the Complaint comply with Pa. R.C.P. 1019(i)? Proposed Answer: Yes Is the Complaint pled with specificity to allow for the Plaintiff to answer pursuant to Pa. R.C.P. 1028(a)(3)? Proposed Answer: Yes, however an answer need not be filed to preliminary objections raising an issue under Pa. R.C.P. 1028(a)(2), (3) and (4). III. Statement of Facts On or about November 21, 2007, Plaintiff filed a Complaint against Defendant. Attached to Plaintiff's Complaint are Exhibits: A (Statement), and B (notarized Certificate of Purchase). IV. Legal Argument An Answer to Preliminary Objections is required only to Preliminary Objections raising issues under Pa.R.C.P. 1028(a)(1), (5), (6), (7) and (8) and only provided a Notice to Plead is attached to the Preliminary Objections. An Answer does not need to be filed to Objections raising issues under Rules 1028(a)(2), (3) and (4). Pa.R.C.P. 1029(d) states that averments in pleadings to which no responsive pleading is required shall be deemed to be denied. These preliminary objections do not bear a Notice to Plead and partially raise issues under Rule 1028(a)(2) and (3), which may be determined from facts of record so that no further evidence or response is required. Therefore, Plaintiff requests that all Defendant's averments be denied. In deciding Preliminary Objections, the Court should accept as true all material facts set forth in the pleading as well as all inferences reasonably deducible therefrom. Santiago v. Pennsylvania Nat'l Mutual Casualty Ins. Co., 613 A.2d 1235 (Pa.Super.1992). "[P]reliminary objections will be sustained only if they are clear and free from doubt." Milliner v. Enek, 709 A.2d 417 (Pa.Super.1998). A Preliminary Objection should be sustained only where it appears with certainty that, upon the facts averred, the law will not allow the party to recover. Id. The purpose of pleadings is to place a defendant on notice of the claims upon which the defendant will have to defend. City of Newcastle v. Uzamere 829 A.2d 763, 767-768 (Pa. Cmwlth. 2003); Yacoub v. Lehigh Valley Medical Associates 805 A.2d 579, 588 (Pa. Super. 2003), app. denied, 573 Pa. 692, 825 A.2d 639 (2003). Under Rule 10 19(a), a complaint must give the defendant fair notice of the Plaintiff's claims and a summary of the material facts that support those claims. Carison v. Community Ambulance Services, Inc. 824 A.2d 1228, 1232 (Pa. Super. 2003); McClellan 413 Pa. Super. at 141, 604 A.2d at 1059-60. In determining whether the allegations of a complaint have been stated with the necessary specificity, the court should not focus upon one paragraph of the complaint in isolation, Yacoub 805 A.2d at 589, and should instead examine the paragraph in context with all other allegations in the complaint. Rachlin v. Edmison 813 A.2d 862, 870 (Pa. Super. 2002). However, the amount prayed for in the complaint of $42,677.57 resulted from the addition of the balance due as of April 1, 2006 of $27,141.57, interest of $13,536.00, court costs and attorney's fees of $2,000.00. Judge Wettig in Worldwide Asset Purchasing, LLC v. Stern, 153P.L.J 111 (2004) stated: "I also ruled that a complaint in which plaintiff seeks recovery of a specific amount of money that is allegedly due must include documentation or allegations supporting recovery of this amount, I said that a complaint must contain sufficient documentation and allegations to permit a defendant to calculate the total amount of damages that are allegedly due by reading the documents attached to the complaint and the allegations of the complaint. The figures stated above and which are listed in the complaint provide the sufficient documentation and allegations to enable the Defendant to calculate the total amount claimed in the complaint. Plaintiff's burden to go forward in the Complaint is not and should not be, as heavy as it is for trial. Additional documentation and information may be obtained through the discovery process. Whether Plaintiff's documentation can prove its case by a preponderance of the evidence is a matter for trial. The issuance of a credit card constitutes the offer of a contract. See, e.g., Bank One, Columbus, N.A. v. Palmer, 63 Ohio App. 3d 491, 492, 579 N.E.2d 284, 285 (Ohio Ct. App. 1989). Use of a credit card constitutes acceptance of the terms of the cardmember agreement. See, e.g., Grasso v. First USA Bank, 713 A.2d 304 (Del. 1998); Read v. Gulf Oil Corporation, 114 Ga. App. 21, 150 S.E.2d 319, 320 (1966); Petroleum Co. v. McMillan. 168 S.W. 2d 881 (Tex. Civ. App. 1943). Even in the absence of such an agreement the issuance of the credit card constitutes an offer of credit, and the use of the credit card constitutes the acceptance of the offer of credit. Feder v. Fortunoff, 474 N.Y.S. 2d 937 (N.Y. 1984), citing Empire Nat'l Bank v. Monahan, 82 Misc. 2d 808, 370 N.Y.S.2d 840 (N.Y. County Ct. 1975). By using and/or authorizing the use of the credit card Defendant accepted the contract with the Issuer and became bound to pay for all charges incurred with the credit card. Defendant also became subject to all of the terms and conditions of the Issuer's cardholder agreement where the provisions of the cardholder agreement allow for sale of the account along with all rights and obligations along with the provisions of the cardholder agreement allow for requiring the cardholder to pay for costs incurred in any collection proceeding, including reasonable attorney's fees. With regard to actions to recover debt incurred by using a credit card, it has been held that the requirements of Rule 1019(i) are satisfied if the plaintiff attaches the underlying agreement between the issuer of the credit card and the credit card holder. Marine Bank v. Orlando, 25 Pa. D. & C3d 264 (Pa.Com.Pl. 1982). To the extent Defendant argues that Plaintiff failed to attach a signed Agreement evidencing that Defendant agreed to be bound by the terms of the card holder agreement, we note that Rule 1019(1) does not require that the writing attached to a pleading forming the basis for the claim therein contain the signatures of the parties. Rather, Rule 1019(1) merely requires that a copy of the writing forming the basis for the claim, or the material part thereof, be attached to the pleading. There is no requirement that the writing contain the signatures or other marks or seals of the parties evidencing acceptance of the terms of the writing. In fact, the rule specifically states that if the writing is not available, the pleader need only state that fact and set forth the substance. Examining the allegations of the complaint and the exhibits attached thereto in their entirety, Plaintiff has adequately averred the various assignments which afford it standing and the capacity to sue Defendant for his outstanding credit card debt. Moreover, Plaintiff has provided Defendant with fair notice of its claim and a summary of the material facts supporting that claim. Any additional specifics regarding the individual credit card transactions may be appropriate subjects for discovery, but do not warrant dismissal of the complaint pursuant to Pa. R.C.P. 1019(i). V. Relief WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court deny and dismiss Defendant's Preliminary Objections, together with all such other and further relief, at law or in equity, as to which Plaintiff may be justly entitled. Respectfully submitted, r ?A lan C. S ith, Esq. Harrison Ross Byck, Esq., P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACH,LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, VS. MICHELLE BOWSHOT 319 COLLEGE HILL ROAD ENOLA, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2007-CV-7001 Defendant. VERIFICATION I, Allan C. Smith, Esq., of the Law Office of Harrison Ross Byck, Esq., P.C., attorneys for Plaintiff, CACH, LLC, do hereby state that I am familiar with the facts of this case and am authorized to file this Verification on their behalf. I further verify that the facts set forth in the foregoing Response and Brief to Defendant's Preliminary Objections are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: July 1, 2011 C. Allan C. Smith, sq. Attorney I.D. No. 204756 Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff CACH,LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, vs. MICHELLE BOWSHOT 319 COLLEGE HILL ROAD ENOLA, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2007-CV-7001 Defendant. CERTIFICATE OF SERVICE I, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's Response to Defendant's Preliminary Objections regarding the above-captioned matter upon defendant(s) MICHELLE BOWSHOT by United States First Class Mail, postage prepaid, on July 1, 2011 via his/her attorney's address of: LAWRENCE J. ROSEN, ESQ. KREVSKY & ROSEN 1101 NORTH FRONT STREET HARRISBURG, PA 17102 Date: July 1, 2011 Allan C. S ith, E4 - Attorney I.D. No. 20475 EXHIBIT C r to aelr a WwAkm as m wan ohm- doerflad abaM ns M b?etrt Sta. a?a?pllti rap?r+otna pf?r?xe?Madea?MliSn asanbdac lbe Odr MKID RWl m- p A- to I MAad IWorlpa am *Aug a ow waaoard V IN NryW liipdad b rr ? IJ?Irr1MrW'aQ ;;PTO d i pmw po p*L f,raalerrrrROOM i ftCAftes"pMrw*odw.ae?.ero Daly tw~ dr?fro tobpk bo aM ?e ?. ? ft MRtrtfee p*leyar ? pur i" a e?rlsbaw¦ 1ha AMW PWOWMV hall 1W paelm-MO, a MWft raw. 4wMR ImenpSarrb~aAfoalet'*w-7 pale IUf pWeioltps pers. Dow an ob ftwA a tw Aaraw 'awny.ll b l1R n alaa-M." blf?iY Ift r lary.OMe for aen aewwa/L Vi.VMWA IML a ?I ?IIwR2 ?alallMyl ?t.d ? MMd?O?f? 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IN nnr Coh At ?, rwt?WrMor • Irm-feMtdl/yWriMsf?000 do?eehyllnnrMrrf rlhylrrclallewbfterde 1. EuW) ocw . eam 04pAra/ SWIM Or pie pwdlirr'YW "00 VA ft ab*Md. Codmora sf V", h".eaewd o CM Mom - M SM or wwa 1.0 " Raw b fw +Ia 01-M It OW IbM. am-altalhil<aeoaura tUbaledlssoarNle i l?wrlhlhlMeatr,.ibs,l0r4alat! •rw=apftxd"wC&% avAwAproWnWItN,O..Ylu da II W Il?orl,fole l?lrlr+MSn i?rlleh brr b!' ? AOw W r GIw OMIk r . • raWiWOwrlnear0 Nw:er?o7ieaaurm- atlsaebyyswaroY UL A rrl Mrs em- p oulparlear lraairr tntl mow oft- f em IMM fm- is aar, ONFA Me or soft fx 1:06lltbao wM0 arld Mdlapren SKUWaa 7. t mftblm-a waaeereoMrsalryar wNAleawpllola . faorW?aWr. dllwlpad a?il?iall. . L 71WrwrMaeMpMMOelAlfleraly/edWalorem-m-YOrflOlgr S?+rv W raf e! your Caoh lbew, R cok"1- duawdsaaeWiaroUfSlrpopagti to Cash P460 dm-ole-a A* aw an paloWeN M dood w AM?brlaerlM?nfsAoyowlll M.lfr. Dab lam 1WfM ear 4?t m- fhl pm-taa0l wNa, ri 6aeonw s,. prapary d ' YoMcdAwWtpefltl' I Iw to *on about -Fu qt i . . ........ }:i7,^?`?`.?'%i'.C'?.j' ?t!1•i''.w?„ . _ • --?""a'.' ?tfff . .. ti +ii, i[%:+^ .i•• •. ? . .. .: ri:: K, t `.. ••' ?':Tl"iy. Bank of America E 1 r i DC-IMPR 3-U o ?ew? a . - ??i. T'i'L .fir 't': .• r?4?Nxi'??R ', ??A%?'?f'?i{.??'?.. ?:v.r ?:?Ya`•:{i?l? ?< i E a r. lip fig 15 R . j 1 M, ,, s R i• • 1 : s . # • Iits aft t f ?r: i H M1 I wu't i E lj ??s i? i# ## ? ? R t i i s E S? * E 1 s . 158 a? ?? •j a ?? ? i? ? ? ? ?r ??_ ? L?i i f ?1* ? • i as? ?? Id.$is a a=? i i? a? Jill: i .... i s s s ?a Ii ft, R F? I f S o il' all ;? - i? lol' . fliv, EXHIBIT D BankafA-aeica EXHIBIT A BILL OF SALE Bank of America, N.A. (USA) ("Seller"), for value received and pursuant to the terms and conditions of a Forward Flow Agreement ("Agreement") between Seller and CACH, LLC (" Buyer'), dated March 29, 2006 does hereby sell, assign and convey to Buyer, its successors and assigns, all right, title and interest of Seller in and to those certain Accounts as defined in the Agreement and as set forth on Exlu'bit B, without recourse and without representation of or warranty of eollectibility, or otherwise, except to the extent provided for within the Agreement. EXECUTED this 26th day of September, 2006. Bank of America, N.A. (USA) Printed Name and Title ACKNOW LEDGMENI' STATE OF 1VW41 COV'Oh fld- SS COUNTY OF was aclmowkdgod before me on SCE . r @*. of Bank of America, NA (USA) n t v t? ? % coon Signature of Notarial Officer MY is. U • ??aayy +.n CIO Title and Rank l / My Commission Expires 1"1Qf < < I iR 1 2-0 Pam. M W5.1752 • Fax M305.17M Hunk (W Amerim P.O. Om 2IM4 Greambm a KC BMd IM6 B.eww P"W EXHIBIT E AFFIDAVIT OF CLAIM AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA CITY OF GREENSBORO Bank of America, N.A. Accountholder: Amie Davis Account No.: 5491000102011553 The undersigned, being duly sworn, states and deposes as follows: 1. That Aff"iant is employed by Bank of America, N.A. in the position of Bank Officer and is duly authorized to make this affidavit. 2. That the statements made in this Affidavit are based on the computerized and hard copy books and records of Bank of America, N.A. which are maintained in the ordinary course of business, with the entries in them having been made at or near the time of the transaction recorded. 3. That account number 5491000102011553 was opened on 12/23/1997 by MICHELLE E BOWSHOT. 4. That there is due and payable the sum of $27,141.57 not withstanding legally chargeable post charge- off interest, pursuant to the terms of the card member agreement with Bank of America, N.A. 5. As a result of the sale of said account, on 9/27/2006, CACH, LLC and/or its authorized agent, has complete authority to collect, settle, adjust, compromise and satisfy same that Bank of America, N.A. had no further interest in this account for any purpose. 6. That to the best of Affiant's knowledge, information and belief, there were no uncredited payments, just counterclaims or offsets against said debt when sold. FURTHER AFFIANT SAYETH NOT. s* DATED THIS Z day of 2008 BANK OF AMERICA, N.A. By: Bank Officer Subscribed and sworn to before me this -71 day of 2008 My commission expires: BERNADB96'*Jf*0LUX Notary Public G,uiliord County, NC EFR 17 7017 . 1,avle Not Public B9madeft J. Pokx EXHIBIT F BUSINESS RECORDS 7M*Vrr Before me, the undersigned authority, personally appeared ,?drXA `.kia i lb , who, being duly sworn, deposed as follows: My name is DE6 L ,?t jll P,jZ_, I am an employee of Bank of America, and am authorized to make this Business Records on behalf of Bank of America. I am of sound mind, capable of malting this affidavit, and personally acquainted with the facts herein states: 1. I am the custodian of records of Bank of America. 2. Attached hereto is 1 page of records from Bank of America, an Assistant Secretary's Certificate of FIA Card Services, NA.. 3. This 1 page of records is kept by Bank of America in the regular and ordinary course of business, and it was in the regular and ordinary course of business of Bank of America for an employee or representative of Bank of America with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or transmit the information thereof to be included in such record; and the record was made at or near the time of the act, event, condition, opinion, or diagnosis. 4. The records attached hereto are the originals or exact duplicates of the originals. W 01 W ak' j aAffiant In witness whereof I have hereunto subscribed my name and affixed my official seal this q day of ?(' 4n 2009. Notary Public VANESSA A, BRADLEY NOTARY PUBLIC STATE OF DELAWARE My Commission Expires Jan. 20, 2010 AssiSTANT SECRETARY, S CERTIFICATE OF FIA CARD SERVICES; NATIONAL ASSOCAITION Tho undmigned, C" o & SmA an Assistaot.Seiaetary of FiA Card Servicxs, National Association (thc "Association''), a.nationd bQntang associadon organized arid.aisting under the loafs of the Ubited -,Stites of Amadca and having jts prinpijW :piasx of iiusiness'in Wi)mkgbon, Delay dots hereby certify diet: 1. Effecpve:January.30,1991,aYIBbTidk.America, Naiional..AssoOahion.chan*e its?mme to MBNA America Bank National A*wiation,' Wiltnin&. 6,.'Delawaro- Charter Dumber 22381. 2. Effective. March 1,.2005,, Fleet Bank .(RI), NationaLAssociation, Pt mdence, Rhode bland ,-n3eaged kdo snd.uadas BmintoirAmerics Ndtionai AsOdWon`(UAj, Fhoemix, Arizans, Charier Number ?ti106. 3. Effective Two 10, 2006, MBNA America Bank,.Nq#onsl.A"et*fiou changed its name to FIA Card SeMces, National Assodatiolt, Wi1Uft9bon, Delaware, Chutor Number 22381, 4. Fffeetive October 20,. 2006,13twk- of America, Nat'oal u Association (USAY, Phoenix, Arizona, Comfier Number 22106, merged into; and under the charter and title of FfA Card Services,.NationalAs"clation, Wilaiingtan,:Delaware, ChatterNumber22381_ IN Wr MSS -VAMUMF, I Have hereupon set niy hand and aft td the seal of said AsKoiatioii this 20th day of July. 2000. Connie. B. Smith AssisLwrSetrctary 0672 (S..EAL) CACH, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-7001 CIVIL MICHELLE BOWSHOT, Defendant IN RE: PLAINTIFF'S PRELIMINARY OBJECTIONS BEFORE HESS P.J. AND EBERT, J. ORDER AND NOW, this ?° - October, 2011 J t appearing that plaintiff's objections have been neither briefed nor argued, said preliminary objections are OVERRULED. BY THE COURT, Kevin ess, P. J. Allan C. Smith, Esquire For the Plaintiff V Lawrence J. Rosen, Esquire For the Defendant :rlm Vhajed 10110)11 -? G?L M C"I ? ? r Q Allan C. Smith Esq., Attorney I.D. No. 204756 Law Firm of Allan C. Smith, P.C 1276 Veterans Hwy, Suite E-1 Bristol, PA 19007 1-888-275-6399//(215)428-0666 Attorney for Plaintiff CACH, LLC. ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND FLOOR ) CUMBERLAND COUNTY DENVER, CO 80237 ) r-a CD Plaintiff, ? vs : Z? -C'U -r1C?? I ) No rn? xx x c -n ro . . m rrt MICHELLE E BOWSHOT ) t:< ..X ?-tp 319 COLLEGE HILL ROAD =rn ENOLA, PA 17025 ) =C) Z ? n C N ?r'n --t ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance of behalf of CACH, LLC., the plaintiff in this action. Allan C. S ith, Esq. I.D No. 204756 Law Firm of Allan C. Smith, P.C 1276 Veterans Hwy- Suite E-1 Bristol, PA 19007 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdrawal my appearance of behalf of CACH, LLC., the plaintiff in this action. is o ck, Esq. ttorney 61511 Law O ce of 'Harrison HRoss Byck, Esq. P.C 1276 Veterans Hwy- Suite E-1 Bristol, PA 19007 Date: October 26, 2011 Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACH, LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, vs. MICHELLE BOWSHOT 319 COLLEGE HILL ROAD ENOLA, PA 17025 Defendant. rat Cc -X 7: z . r t ?? _ N w , te ::6 , r - <O r= :. -r ...,... ? » - -D COURT OF COMMON RtAS:= CUMBERLAND COUNT - No. 2007-CV-7001 MOTION FOR SUMMARY JUDGMENT ON DEEMED ADMISSIONS CACH, LLC, Plaintiff in the above-captioned case hereby moves the Court for Summary Judgment based upon deemed admissions of Defendant, and in support of such motion would show the Court as follows: On or about October 31, 2011, Plaintiff served on Defendant a set of requests for admissions, interrogatories, and requests for production of documents attached as Exhibit A. Answers to requests for admissions, interrogatories and requests for production were due on or before December 20, 2011. Defendant wholly failed to make timely responses or objections to Plaintiffs discovery. 2. On or about January 11, 2012, Plaintiffs attorney made a written request for full and complete answers, attached as Exhibit B, to all of Plaintiffs discovery. Defendant failed to respond to such request or contacted Plaintiff to explain why he hadn't responded or to ask for an extension. 3. Subsequently, on or about February 20, 2012, Plaintiffs attorney made a written request for full and complete answers, attached as Exhibit C, to all of Plaintiffs discovery. Defendant failed to respond to such request or contacted Plaintiff to explain why he hadn't responded or to ask for an extension. 4. As of this date, Defendant has not responded to any of Plaintiff s discovery. 5. Defendant has not objected to or sought a protective order pursuant to Pa.R.C.P. 4012 concerning Plaintiff s discovery. 6. Plaintiff is not in default of any discovery obligations. 7. Plaintiff asserts (and by signing below Plaintiffs attorney certifies) that Plaintiff has attempted to resolve this discovery dispute without the necessity of court intervention. Defendant refuses to respond to Plaintiffs discovery. 8. Pursuant to Rule 4014(b) of the Rules of Civil Procedure, each matter of which an admission is requested is admitted unless, within thirty days after service of the request, which in this case would have been December 20, 2011, the party to whom the request is directed responds by verified answer or an objection. Accordingly, all matters in Plaintiffs unanswered and unobjected-to requests for admissions directed to Defendant should be deemed admitted. 9. Pursuant to Rule 1035.2(1) of the Rules of Civil Procedure, Plaintiff is entitled to move for summary judgment whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report. By virtue of the admission, no issue of fact could be established by further discovery or expert report. 11). Plaintiff requests an order for summary judgment. Plaintiff requests said judgment in the amount of $42,177.57. IL Such an order is consistent with the inherent power of the Court to control the discovery process and to enforce the rules of discovery. Furthermore, such an order promotes efficiency and avoids unnecessary additional motions and hearings, in that it both compels responses and sets the consequences of any failure to comply. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court enter a Summary Judgment on behalf of the Plaintiff, together with all such other and further relief, at law or in equity, as to which Plaintiff may be justly entitled. Respectfully submitted, Ilan C. %ithAsq. Attorney .D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACH, LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2007-CV-7001 MICHELLE BOWSHOT 319 COLLEGE HILL ROAD ENOLA, PA 17025 Defendant. VERIFICATION I, Allan C. Smith, Esq., attorney for Plaintiff, CACH, LLC, do hereby state that I am familiar with the facts of this case and am authorized to file this Verification on their behalf. I further verify that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: March 15, 2012 00, B Allan C. Smit , Esq. Attorney I.D. No. 204756 Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff CACH, LLC COURT OF COMMON PLEAS 4340 S. MONACO -- 2ND FLOOR CUMBERLAND COUNTY DENVER, CO 80237 Plaintiff, vs. No. 2007-CV-7001 MICHELLE BOWSHOT : 319 COLLEGE HILL ROAD ENOLA, PA 17025 Defendant. CERTIFICATE OF SERVICE I, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's Motion for Summary Judgment on Deemed Admissions regarding the above-captioned matter upon defendant. MICHELLE BOWSHOT by United States First Class Mail, postage prepaid, on March 15, 2012 at his/her attorney's address of: LAWRENCE J. ROSEN, ESQ. KREVSKY & ROSEN 1101 N. FRONT STREET, HARRISBURG, PA 17102 Date: March 15, 2012 B _ Allan C mit sq. Attorney I.D. No. 204756 EXHIBIT A The Law Office of Harrison Ross Byck, Esq., P.C. Bucks County Office Center 1276 Veterans Highway, Suite E- I Bristol, Pennsylvania 19007 Local: (215) 428-0666 Fax: (215) 428--0740 Toll Free: (888) 275-6399 Harrison Ross Byck, Esq. :Member: PA and NJ State Bar Of Counsel: :Ulan C. Smith, Esq. Member: PA and NY State Bar Leonard A. Sanguedolce. Esq. Member: PA State Bar October 31, 2011 LAWRENCE J. ROSEN, ESQ. KREVSKY & ROSEN 1101 NORTH FRONT STREET, HARRISBURG, PA 17102 ?flpY RE: CLAIM OF CACH, LLC, ASSIGNEE FOR COLLECTION OF: Your Client: Court Filed: County Filed: Docket No.: Our Account No.: Original Creditor: Original Account Number: MICHELLE BOWSHOT COURT OF COMMON PLEAS CUMBERLAND 2007-CV-7001 120007932212 BANK OF AMERICA, N.A. 5491000102011553 Dear LAWRENCE J. ROSEN, ESQ., Enclosed, please find herein a copy of Plaintiff's First Set of Interrogatories, Requests for Production of Documents and Things, and Requests for Admissions directed to Defendant. If you have any questions or problems, please do not hesitate to call me at the above number. Sincerely, Allan C. Smith, Esq. Cc: file I larrison Ross Byck, Esq., P.C. .kttorney I.D. 61511 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-338-275-6399H (215) 428-0666 Attorney for Plaintiff UAUH, LLU Plaintiff, ) vs. ) ) MICHELLE BOWSHOT ) Defendant ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2007-CV-7001 PLAINTIFF'S FIRST SET OF INTERROGATORIES Directed to: NUCHELLE BOWSHOT, Defendant, by and through Defendant's attorney of record, LAWRENCE J. ROSEN, ESQ., KREVSKY & ROSEN, 1101 NORTH FRONT STREET, HARRISBURG, PA 17102. Pursuant to Rules 4005 and 4006 of the Pennsylvania Rules of Civil Procedure, you are to answer and respond to the attached Interrogatories separately, fully, and in writing. You should deliver a true copy of your answers and responses to the undersigned attorney by the deadlines stated below. Instructions Regarding Interrogatories Pursuant to Rule 4006 of the Pennsylvania Rules of Civil Procedure, you are to answer the attached interrogatories separately, fully, in writing, and under oath. You should deliver a true copy of your answers to the undersigned attorney within thirty days after the date of service of these interrogatories. To the extent that may be required by the applicable rules of procedure and evidence you are hereby notified that Plaintiff intends to use any and all answers to the attached interrogatories as evidence at trial or any other hearing in this cast;. Please note that if after you submit your responses to these interrogatories, you learn that any such response was either incomplete when made, or, although complete and correct when made, is no longer complete and correct, you must amend or supplement your response reasonably promptly after you discover the necessity for such an amendment or supplementation. Any amended or supplemental response made less than thirty days before trial will be presumed not to have been made reasonably promptly. A failure to make, amend, or supplement a response in a timely manner may result in your not being able to introduce into evidence the material or information not timely disclosed. lan C. Smith, q. Attorney for Plaintiff State Bar No.: 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 (888) 275-6399H (215) 428-0666 Dated: October 31, 2011 DEFINITIONS .k. "Issuer" refers to BANK OF AMERICA, N.A. B. '`,-account" or "the Account" refers to Account Number 5491000102011553 with BANK OF AiNIERICA, N.A. [which was changed after the account was charged off to Account Number XXXX 1. C. "Card" or "the Card" refers to the CREDIT card that was issued on the Account. D. "Defendant," "you," "your," or "yours" refers to WCHELLE BOWSHOT. E. "Plaintiff' refers to CACH, LLC and encompasses any person, employee, or other entity authorized to act on Plaintiffs behalf. F. "Identify", as used herein with regard to a person, shall mean to provide the following: (1) the person's full name; (2) any other names the person uses or has used in the past; (3) the person's residential address and telephone number; (4) the person's business address(es) and telephone number(s); (5) the person's employer and job title, (6) if the person is a former employee of Defendant, the person's last job title while so employed, and the date of termination; and (7) if the person is not an employee of Defendant but has some other connection with Defendant, for example, agent, independent contractor, officer, director, or customer, the person's connection with Defendant. G. "Identify", as used herein with regard to documents or tangible things, shall mean to describe such documents or tangible things by title, present location, usual location, custodian, and contents. H. The word "document" is used herein in its broadest sense to include any medium upon or with which information is recorded or preserved which belongs to, or is in or subject to the possession, custody or control of Defendant or Defendant's attorneys, agents, employees, trustees, representatives, professional accountants, and any attorneys with whom you may claim the right of joint defense privileges or special relationships, by whomever generated or received, including without limitation: writings; printings; drawings; graphs; charts; notes; typewriting; photographs; slides; motion pictures; videotapes or cassettes; phonograph records; tape or other mechanical recordings; ledgers; books; statements of accounts: journals; notices; letters; catalogs; canceled checks; bank statements; invoices; bills; diaries; purchase orders; memoranda of telephone communications; telegrams; telexes or "TWX's"; telecopies; drafts or preliminary versions of the foregoing; communications to or from any governmental or law enforcement subdivision, officer, or agency; and any other instrument, writing, recording, or data compilation of any nature whatsoever, including any carbon, photographic, microfilm or other type of copy of such items, whether or not such copy is different from the original by reason of any markings, additions, commentaries, revisions. deletions, or substitutions. 1. "Communication" shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/or recordings of telephone calls and reports of meetings. J. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. K. "Credit bureau" means any person who, for compensation, gathers, records, and disseminates information relative to the creditworthiness, financial responsibility, paying habits, and other similar information regarding any person, for the purpose of furnishing consumer reports to third parties. L. "Chargeoff date" means MARCH 21, 2005. M. "Possession, custody or control" when used in reference to documents or other tangible things includes, without limitation, documents or things in your personal possession, custody or control, documents or things in the possession, custody or control of your attorneys or any other agents of yours, and documents or things which you could obtain, or copies of which you could obtain by reasonable good faith effort. Possession, custody or control includes constructive possession such that the person need not have actual physical possession. As long as Defendant has a superior right to compel the production from a third party (including an agency, authority or representative), Defendant has possession, custody or control. INTERROGATORIES Interrogatory No. 1: Identify all persons who participated in the preparation of the answers to these interrogatories. Interrogatory No. 2: If you contend or believe that venue of this action is not proper in the county in which this suit was filed state the factual basis of any such contention or belief. Interrogatory No. 3: If Defendant denies having received the Card identify any persons whom Defendant believes may have received the Card. Interrogatory No. 4: If Defendant denies having used the Card identify any persons whom Defendant believes may have used the Card and state whether each such person was authorized by Defendant to use the Card. Interrogatory No. 5: If Defendant denies having accepted each advance on the Card, identify each advance or charge on the Card that Defendant disputes. Interrogatory No. 6: If Defendant has refused to admit that, until at least the chargeoff date, Issuer sent to Defendant on a monthly basis a statement of charges and balances due on the Account, state the factual basis of any such refusal to admit. Interrogatory No. 7: State the balance that Defendant believes to have been due on the Account as of MARCH 21, 2005, and explain how such balance was calculated. Interrogatory No. S: State the date and amount of each payment that Defendant has made on the Account since MARCH 21, 2005. Interrogatory No. 9: State the facts on which you base any refusal to admit Plaintiff is presently the owner of the Account. Interrogatory No. 10: State the facts on which you base any refusal to admit Defendant is indebted to Plaintiff for the amounts asserted in Plaintiffs Original Complaint in this case. Interrogatory No. 11: If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, identify such other persons or entities and state the facts on which that contention or belief is based. Interrogatory No. 12: State the facts on which you base any refusal to admit Defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of Defendant. Interrogatory No. 13: Identify all persons whom you intend to call as witnesses at trial, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before trial. Interrogatory No. 14: Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such person's anticipated testimony and the opinions of each such person conceming the subject matter of this litigation. hiterrogatory No. 15: Identify all persons whose mental impressions or opinions have been reviewed by any person whom you may call as an expert witness at trial. Interrogatory No. 16: If you are disputing only a portion of the Account please identify which portions of the Account are disputed and which are not and state the reasons for any such disputes. Interrogatory No. 17: With regard to each charge comprising the Account which you contend or believe to be unreasonable, state the facts on which you base any refusal to admit each of the charges comprising the Account was reasonable. Harrison Ross Byck, Esq., P.C. ;\ttorney I.D. 61511 Bucks County Office Center 1276 Veterans Highway, Suite E- I Bristol, PA 19007 1-888-275-6399H (215) 428-0666 Attorney for Plaintiff CACH, LLC Plaintiff, ) vs. ) MICHELLE BOWSHOT ) Defendant ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2007-CV-7001 PLAINTIFF'S FIRST REQUESTS FOR ADMISSIONS Directed to: MICHELLE BOWSHOT, Defendant, by and through Defendant's attorney of record, LAWRENCE J. ROSEN, ESQ., KREVSKY & ROSEN, 1101 NORTH FRONT STREET, HARRISBURG, PA 17102. Pursuant to Rules 4014 of the Pennsylvania Rules of Civil Procedure, you are to answer and respond to the attached Requests for Admissions ("RFAs") separately, fully, and in writing. You should deliver a true copy of your answers and responses to the undersigned attorney by the deadlines stated below. Instructions Regarding Requests for Admissions Pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, you are requested to admit the truth of each of the matters stated below. You are to respond to each of the following requests in writing [and under oath within forty-five days after service, by delivering or causing to be delivered to the undersigned attorney a statement admitting or denying specifically, in good faith, each matter of which an admission is requested, or stating in detail the reason(s) you cannot truthfully admit or deny the matter. Please note that if after you submit your responses to these requests for admissions, you learn that any such response was either incomplete when made, or, although complete and correct when made, is no longer complete and correct, you must amend or supplement your response reasonably promptly after you discover the necessity for such an amendment or supplementation. Plaintiff will object at trial or any hearing to your use or attempted use of any evidence that is inconsistent with matters that you have admitted or that you have failed to deny on a timely basis. ?XI GK4/?? ?22 1.-i( + Allan C. Smith, Es . q Attorney for Plaintiff State Bar No.: 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 (888) 275-6399H (215) 428-0666 Dated: October 31, 2011 DEFINITIONS A. "Issuer" refers to BANK OF AMERICA, N.A. B. "Account" or "the Account" refers to Account Number 5491000102011553 with BANK OF AMERICA, N.A. [which was changed after the account was charged off to Account Number XXXX). C. "Card" or "the Card" refers to the CREDIT card that was issued on the Account. D. "Defendant," "you," "your," or "yours" refers to MICHELLE BOWSHOT. E. -Plaintiff" refers to CACH, LLC and encompasses any person, employee, or other entity authorized to act on Plaintiff's behalf. F. "Identify", as used herein with regard to a person, shall mean to provide the following: (1) the person's full name; (2) any other names the person uses or has used in the past; (3) the person's residential address and telephone number; (4) the person's business address(es) and telephone number(s); (5) the person's employer and job title; (6) if the person is a former employee of Defendant, the person's last job title while so employed, and the date of termination; and (7) if the person is not an employee of Defendant but has some other connection with Defendant, for example, agent, independent contractor, officer, director, or customer, the person's connection with Defendant. G. "Identify", as used herein with regard to documents or tangible things, shall mean to describe such documents or tangible things by title, present location, usual location, custodian, and contents. H. The word "document" is used herein in its broadest sense to include any medium upon or with which information is recorded or preserved which belongs to, or is in or subject to the possession, custody or control of Defendant or Defendant's attorneys, agents, employees, trustees, representatives, professional accountants, and any attorneys with whom you may claim the right of joint defense privileges or special relationships, by whomever generated or received, including without limitation: writings; printings; drawings; graphs; charts; notes; typewriting; photographs; slides; motion pictures; videotapes or cassettes; phonograph records; tape or other mechanical recordings; ledgers; books; statements of accounts; journals; notices; letters; catalogs; canceled checks, bank statements; invoices; bills; diaries; purchase orders; memoranda of telephone communications; telegrams; telexes or "TWX's"; telecopies; drafts or preliminary versions of the foregoing; communications to or from any governmental or law enforcement subdivision, officer, or agency; and any other instrument, writing, recording, or data compilation of any nature whatsoever, including any carbon, photographic, microfilm or other type of copy of such items, whether or not such copy is different from the original by reason of any markings, additions, commentaries, revisions, deletions, or substitutions. [. "Cummunication" shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/or recordings of telephone calls and reports of meetings. J. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. K. "Credit bureau" means any person who, for compensation, gathers, records, and disseminates information relative to the creditworthiness, financial responsibility, paying habits, and other similar information regarding any person, for the purpose of furnishing consumer reports to third parties. L. "Chargeoff date" means MARCH 21, 2005. M. "Possession, custody or control" when used in reference to documents or other tangible things includes, without limitation, documents or things in your personal possession, custody or control, documents or things in the possession, custody or control of your attorneys or any other agents of yours, and documents or things which you could obtain, or copies of which you could obtain by reasonable good faith effort. Possession, custody or control includes constructive possession such that the person need not have actual physical possession. As long as Defendant has a superior right to compel the production from a third party (including an agency, authority or representative), Defendant has possession, custody or control. REQUESTS FOR ADMISSIONS RFA No. l: You are a resident of the county in which this suit was filed. RFA No. 2: You signed the original application for the Card in the county in which this suit was filed. RFA No. 3: You used the Card to make purchases or obtain extensions of credit in the county in which this suit was filed. RFA No. 4: Defendant applied to Issuer for issuance of the Card. RFA No. 5: The Card was issued to Defendant. RFA No. 6. Defendant received the Card. RFA No. 7. Defendant accepted the Card. RFA No. S. Defendant signed the back of the Card. RFA No. 9. Defendant used the Card to make purchases. RFA No. 10. Defendant used the Card to obtain extensions of credit. RFA No. 11: Issuer made cash advances to Defendant, either as actual cash or in payment for purchases Defendant made from third parties by using the Card. RFA No. 12: Defendant accepted each such advance on the Account. RFA No. 13: 13y accepting each such advance under the terms of the agreement applicable to the Account Defendant became bound to pay the amounts of such advances, plus any additional charges provided for in such agreement. RFA No. 14: Until at least the chargeoff date, Issuer sent to Defendant on a monthly basis a statement of charges and balance due on the Account. RFA No. 15: Defendant did not, within sixty days of the date of any billing statement on the Account send to Issuer a written dispute of the billing statement. RFA No. 16: Defendant has failed to repay all of the advances made by Issuer on the Account. RFA No. 17: The balance due, owing, and unpaid on the Account, after allowing all just and lawful payments, credits and offsets, was $27,141.57 as of iIARCH 21, 2005. RFA No. 18: Defendant has made no payments on the Account since NOVEMBER 1, 2004. RFA No. 19: At least forty-five days prior to the date on which you were served with the Original Complaint in this case you received a letter from Plaintiff's attorneys requesting payment of the Account. RFA No. 20: On OCTOBER 6, 2006, the Account was sold to Plaintiff. R FA No. 21: On OCTOBER 6, 2006, the Account was assigned to Plaintiff. RFA No. 22: Plaintiff is presently the owner of the Account. RFA No. 23: Defendant is indebted to Plaintiff for the amounts asserted in Plaintiff's Original Complaint in this case. RFA No. 24: Defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of Defendant. RFA No. 25: Each of the charges comprising the Account was reasonable. I hirrison Ross Byck, Esq., P.C. \ttomey I.D. 61511 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399H (215) 428-0666 Attorney for Plaintiff CACH,LLC Plaintiff, VS. MICHELLE BOWSHOT Defendant COURT OF COMMON PLEAS CUNIBERLf%uvD COUNTY NO: 2007-CV-7001 PLAINTIFF'S FIRST REQUESTS FOR PRODUCTION Directed to: MICHELLE BOWSHOT, Defendant, by and through Defendant's attorney of record, LAWRENCE J. ROSEN, ESQ., KREVSKY & ROSEN, 1101 NORTH FRONT STREET, HARRISBURG, PA 17102. Pursuant to Rules 4009.1, 4009.11 and 4009.12 of the Pennsylvania Rules of Civil Procedure, you are to answer and respond to the attached Requests for Production ("RFPs") separately, fully, and in writing. You should deliver a true copy of your answers and responses to the undersigned attorney by the deadlines stated below. Instructions Regarding Requests for Production .ks to each Request for Production set forth below, the requested items are to be produced and delivered to the undersigned attorney at the Law Office of Harrison Ross Byck, Esq., P.C., Bucks County Office Center, 1276 Veterans Highway, Suite E-1, Bristol, PA 19007, for inspecting, copying or photographing pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure. These requests apply to all described documents and tangible things over which Defendant has possession, custody, or control, and production is to be made within thirty days after the date of service of these requests. All original documents produced and identified as such shall be returned to Defendant within thirty days following receipt thereof. In connection with these requests you are instructed that the phrase "possession, custody or control" has the meaning set forth in the Definitions section below. Privileged Documents: If you withhold any documents based upon a claim of privilege you are to provide a log of such documents, listing them by date, title (or description if untitled), author, and the specific privilege asserted. Lost, Discarded or Destroyed Documents: If any document requested herein has been lost, discarded, or destroyed, please identify such document by providing the following information in your response: 1. Description of document. 2. Date of disposal or loss. 1 Manner of loss. 4. Reason for disposal or explanation of loss. 5. Person authorizing disposal. 6„ Persons having knowledge of disposal or loss. 7. Person disposing of document. Authentication and Use at Hearings and Trial: You are hereby notified that all documents produced in response to this request will be used in any pretrial proceeding and at trial. Alan C. S ith, Eq. ? Attorney f r Plaintiff State Bar No.: 204756 Bucks County Office Center 1276 Veterans Highway, Suite E- I Bristol, PA 19007 (888) 275-6399H (215) 428-0666 Dated: October 31, 2011 DEFINITIONS A. "Issuer" refers to BANK OF AMERICA, N.A. B. -Account" or "the Account" refers to Account Number 5491000102011553 with BANK OF ANIERICA, N.A. [which was changed after the account was charged off to Account Number XXXXI. C. "Card" or "the Card" refers to the CREDIT card that was issued on the Account. D. "Defendant," "you," "your," or "yours" refers to MICHELLE BOWSHOT. E. "Plaintiff' refers to CACH, LLC and encompasses any person, employee, or other entity authorized to act on Plaintiff's behalf. F. "Identify", as used herein with regard to a person, shall mean to provide the following: (1) the person's full name; (2) any other names the person uses or has used in the past; (3) the person's residential address and telephone number; (4) the person's business address(es) and telephone number(s); (5) the person's employer and job title; (6) if the person is a former employee of Defendant, the person's last job title while so employed, and the date of termination; and (7) if the person is not an employee of Defendant but has some other connection with Defendant, for example, agent, independent contractor, officer, director, or customer, the person's connection with Defendant. G. "Identify", as used herein with regard to documents or tangible things, shall mean to describe such documents or tangible things by title, present location, usual location, custodian, and contents. H. The word "document" is used herein in its broadest sense to include any medium upon or with which information is recorded or preserved which belongs to, or is in or subject to the possession, custody or control of Defendant or Defendant's attorneys, agents, employees, trustees, representatives, professional accountants, and any attorneys with whom you may claim the right of joint defense privileges or special relationships, by whomever generated or received, including without limitation: writings; printings; drawings; graphs; charts; notes; typewriting; photographs; slides; motion pictures; videotapes or cassettes; phonograph records; tape or other mechanical recordings; ledgers; books; statements of accounts; journals; notices; letters; catalogs; canceled checks; bank statements; invoices; bills; diaries; purchase orders; memoranda of telephone communications; telegrams; telexes or "TWX's"; telecopies; drafts or preliminary versions of the foregoing; communications to or from any governmental or law enforcement subdivision, officer, or agency; and any other instrument, writing, recording, or data compilation of any nature whatsoever, including any carbon, photographic, microfilm or other type of copy of such items, whether or not such copy is different from the original by reason of any markings, additions. commentaries, revisions, deletions, or substitutions. 1. "Communication" shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/or recordings of telephone calls and reports of meetings. J. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. K. "Credit bureau" means any person who, for compensation, gathers, records, and disseminates information relative to the creditworthiness, financial responsibility, paying habits, and other similar information regarding any person, for the purpose of furnishing consumer reports to third parties. L. "Chargeoff date" means MARCH 21, 2005. M. "Possession, custody or control" when used in reference to documents or other tangible things includes, without limitation, documents or things in your personal possession, custody or control, documents or things in the possession, custody or control of your attorneys or any other agents of yours, and documents or things which you could obtain, or copies of which you could obtain by reasonable good faith effort. Possession, custody or control includes constructive possession such that the person need not have actual physical possession. As long as Defendant has a superior right to compel the production from a third party (including an agency, authority or representative), Defendant has possession, custody or control. REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS RFP No. 1: If Defendant denies having received the Card please produce all correspondence between Issuer and Defendant. RFP No. 2: If Defendant denies having received the Card please produce Defendant's checking account records for the period from DECEMBER 23, 1997 through MARCH 21, 2005. RFP No. 3: Please produce all billing statements from Issuer to Defendant. RFP No. 4: Please produce true copies all correspondence from Defendant to Issuer disputing any billing statement on the Account, together with proof of sending and receipt of such correspondence. RFP No. 5: If Defendant refuses to admit that Defendant has failed to repay all of the advances made by Issuer on the Account, produce true copies of all payments made on the Account. RFP No. 6: If Defendant refuses to admit that Defendant has made no payments on the Account since NOVEMBER 1, 2004, produce true copies of all documents on which you base your refusal to admit. RFP No. 7: If Defendant refuses to admit that Defendant is indebted to Plaintiff for the amounts asserted in Plaintiff's Original Complaint in this case, produce true copies of all documents on which you base your refusal to admit. RFP No. 3: If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, please produce the documents on which any such contention or belief is based. RFP No. 9: If you have refused to admit that Defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of Defendant, produce true copies of all documents on which you base any assertion of a setoff. RFP No. 10: With regard to each expert identified in response to Interrogatory No. 13 please produce: a. the expert's resume or curriculum vitae; b. all non-privileged notes pertaining to the expert's opinions in this action; C. any reports prepared by such expert; d. all documents and materials reviewed or relied upon by such expert in preparing the report; and C. all correspondence between you or your attorneys and each such expert. RFP No. 11: With regard to each person identified in response to Interrogatory No. 14 please produce: a. the person's resume or curriculum vitae; b. all notes of such person that were reviewed by any expert identified in response to Interrogatory No. 13; C. any reports prepared by such person that were reviewed by any expert identified in response to Interrogatory No. 13; d. all documents and materials reviewed or relied upon by such person in preparing any such report; and C. all correspondence between you or your attorneys and each such expert. RFP No. 1?: Please produce all correspondence between Plaintiff (or any of its attorneys) and Defendant (or any of Defendant's attorneys). RFP No. 13: Please produce all correspondence between Issuer and Defendant. RFP No. 14: Please produce all statements of Plaintiff or any of its attorneys. RFP No. 15: Please produce all witness statements pertaining to this litigation. RFP No. 16: If you have refused to admit that each of the charges comprising the Account was reasonable, produce true copies of all documents on which you base any assertion of a setoff. Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399// (215) 423-0666 Attorney for Plaintiff CACH, LLC Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2007-CV-7001 vs. MICHELLE BOWSHOT Defendant CERTIFICATE OF SERVICE 1, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's First Set of Interrogatories, Request for Production of Documents and Things, and Requests for Admissions to Defendant regarding the above-captioned matter upon defendant(s) MICHELLE BOWSHOT by United States First Class Mail, on October 31, 2011 at his/her attorney's address of: LAWRENCE J. ROSEN, ESQ. KREVSKY & ROSEN 1101 NORTH FRONT STREET, HARRISBURG, PA 17102 Date: October 31, 2011 B yX Allan Q: Smit , Esq. ,-Attorney I.D. No. 204756 EXHIBIT B Law Firm of Allan C. Smith, P.C. The Bucks County Office Center 1276 Veterans Highway. Suite E-1 Bristol, Pennsylvania 19007 Toll Free: (888) 275-6399 - Fax: (215) 128-0740 Allan C. Smith. Esq. Admitted: PA and NY Of 6,un.cer: Corryn Kronnagel. Esq. Admitted: PA Ashley Vaivada. Esq. Admitted: NJ January 11, 2012 LAWRENCE J. ROSEN, ESQ. KREVSKY & ROSEN 1101 NORTH FRONT STREET, HARRISBURG, PA 17102 RE: CLAIM OF CACH, LLC, ASSIGNEE FOR COLLECTION OF: Your Client: Court Filed: County Filed: Docket No.: Our Account No.: Original Creditor: Original Account Number: MICHELLE BOWSHOT COURT OF COMMON PLEAS CUMBERLAND 2007-CV-7001 120007932212 BANK OF AMERICA, N.A. 5491000102011553 Dear LAWRENCE J. ROSEN, ESQ., On October 31, 2011, this office mailed to you a copy of Plaintiff's First Set of Interrogatories, Requests for Production of Documents and Things, and Requests for Admissions directed to Defendant. To this date, we have not received such response to those discovery requests. Please respond to these requests within ten (10) days of the date of this letter. If I do not hear from you, I will be required to file a Motion to Compel or Motion for Summary Judgment in relation to the discovery requests. Thank you in advance for your anticipated prompt attention to this matter. If you have any questions or problems, please do not hesitate to call me at the above number. Sincerely, Allan C. Smith, Esq. cc: file EXHIBIT C Law Firm of Allan C. Smith, P.C. The Bucks County Office Center 1276 Veterans Highway, Suite E-I Bristol, Pennsylvania 19007 Toll Free: (888) 275-6399 • Fax: (215) 428-0740 Allan C. Smith, Esq. Admitted: PA and NY Q(Counsei: Corryn Kronnagel, Esq. Admitted: PA Ashley Vaivada, Esq. Admitted: NJ February 20, 2012 LAWRENCE J. ROSEN, ESQ. KREVSKY & ROSEN 1101 NORTH FRONT STREET, HARRISBURG, PA 17102 RE: CLAIM OF CACH, LLC, ASSIGNEE FOR COLLECTION OF: Your Client: Court Filed: County Filed: Docket No.: Our Account No.: Original Creditor: Original Account Number: MICHELLE BOWSHOT COURT OF COMMON PLEAS CUMBERLAND 2007-CV-7001 120007932212 BANK OF AMERICA, N.A. 5491000102011553 Dear LAWRENCE J. ROSEN, ESQ., On October 31, 2011, this office mailed to you a copy of Plaintiff's First Set of Interrogatories, Requests for Production of Documents and Things, and Requests for Admissions directed to Defendant. To this date, we have not received such response to those discovery requests. On January 11, 2012, this office sent you a letter informing you your responses were overdue and to please respond within ten days. To this date, we have not received such response to those discovery requests. Please respond to these requests within ten (10) days of the date of this letter. If I do not hear from you, I will be required to file a Motion to Compel or Motion for Summary judgment in relation to the discovery requests. Thank you in advance for your anticipated prompt attention to this matter. If you have any questions or problems, please do not hesitate to call me at the above number. Sincerely, f Allan C. Smith, Esq. cc: file CAIAL PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) MOTION FOR SUMMARY JUDGMENT CAPTION OF CASE (entire caption must be stated in full) N rnca CACH, LLC (PLAINTIFF) r- vs. U. MICHELLE BOWSHOT (DEFENDANT)_ No 7001 200 Tertti r..r# r•? 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 2. Identify all counsel who will argue cases: (a) for plaintiffs: ALLAN C. SMITH, ESQ. (Name and Address) 1276 VETERANS HIGHWAY, SUITE E-1, BRISTOL, PA 19007 (b) for defendants: LAWRENCE J. ROSEN, ESQ. (Name and Address) 1101 NORTH FRONT STREET, HARRISBURG, PA 17102 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Signature Print yo am ALLAN C. SMITH, ESQ. Attorney for Date: /--3 T I =I= INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. MAY 14, 2012 Z + IQ.15 P D AWY of to a & a7A%3y CACH, LLC, Plaintiff V. MICHELLE BOWSHOT, Defendant 0000WO*' IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT DOCKET NO: 2007-7001 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT ORDER OF COURT AND NOW, this 16"' day of April, 2012, upon consideration of Plaintiff's Motion for Summary Judgment, and following argument held on April 13, 2012, Plaintiff's motion is GRANTED. By the Court, A Thoma A. Placey C.P.J. Distribution List: ?Allan C. Smith, Esq. 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 For Plaintiff Lawrence J. Rosen, Esq. 1101 North Front Street Harrisburg, PA 17102 For Defendant ?-D?? t ES ltd t LCL y/«/, LX77) -,a rn-.- a m s?• C:) -n ? w CO Law Firm of Allan C. Smith, P.C.? rY 2 5 ?': Attorney I.D. 204756 [1EnL,? C3 Bucks County Office Center ENPSY!',?,;; 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399// (215) 428-0666 Attorney for Plaintiff CACH, LLC. 4340 S. MONACO STREET, 2ND FLOOR DENVER, COLORADO 80237 Plaintiff(s), Vs. MICHELLE E BOWSHOT Defendant(s). TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No: 2007-CV-7001 PRAECIPE TO ENTER JUDGMENT BY COURT ORDER Please enter a Court Order Judgment in favor of plaintiff, CACH, LLC., and against the defendant(s), MICHELLE E BOWSHOT. The Complaint was served upon the defendant(s) on November 26, 2007. A copy of the proof of service is attached hereto as Exhibit "A". A copy of the Court Order was mailed to defendant(s) MICHELLE E BOWSHOT by regular United States mail, postage paid, on 4/17/2012, attached hereto as Exhibit "B". Assess damages in the amount of $41,877.57 as follows: [a] $27,141.57 principal being sought in the Complaint; [b] and $13,536.00 interest being sought in the Complaint; [c] and reasonable attorney's fees of $1200.00, or $ 150.00 per hour, [d] and Court Costs of $ 0.00, [e] and Costs of Service of $0.00. Date: May 18, 2012 By:? ronnagel, Esquire 4.L K Attorney I.D. No. 313173 C? C K--O- ?1p87 / ?? ?7s7z3 WILE- en."11 LTC( SHERIFF'S RETURN - REGULAR CASE NO: 2007-07001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACH LLC VS BOWSHOT MICHELLE DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOWSHOT MICHELLE the DEFENDANT , at 1935:00 HOURS, on the 26th day of November , 2007 at 319 COLLEGE HILL ROAD ENOLA, PA 17025 MICHELLE BOWSHOT by handing to 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 14.40 Affidavit .00 Surcharge 10.00 .00 42.40 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/27/2007 JOHN P RODGERS By: Deputy Sheriff of A. D. Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399// (215) 428-0666 Attorney for Plaintiff CACH, LLC. 4340 S. MONACO STREET, 2ND FLOOR DENVER, COLORADO 80237 Plaintiff(s), VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No: 2007-CV-7001 MICHELLE E BOWSHOT CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY COURT ORDER I, CORRYN L. KRONNAGEL, ESQUIRE, of full age, certify that a copy of the COURT ORDER was mailed to defendant MICHELLE E BOWSHOT by regular United States mail, postage prepaid, on April 17, 2012 at his/her attorney's address of: LAWRENCE J. ROSEN, ESQ. 1101 NORTH FRONT STREET, HARRISBURG, PA 17102 Date: May 18, 2012 L. Kronnagel, Esquire v I.D. No. 313173 CACH, LLC, Plaintiff V. MICHELLE BOWSHOT, Defendant IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT DOCKET NO: 2007-7001 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT ORDER OF COURT AND NOW, this 16th day of April, 2012, upon consideration of Plaintiff's Motion for Summary Judgment, and following argument held on April 13, 2012, Plaintiff's motion is GRANTED. By the Court, A Thoma A. Placey C.P.J. Distribution List: ?Allan C. Smith, Esq. 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 For Plaintiff ----Lawrence J. Rosen, Esq. 1101 North Front Street Harrisburg, PA 17102 For Defendant r ?. c ° D Mon o? co Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA' 19007 1-888-275-6399// (215) 428-0666 Plaintiff IN THE COURT OF COMMON PLEAS CACH, LLC. 11 CUMBERLAND COUNTY, PENNSYLVANIA 4340 S. MONACO STREET, 2ND FLOOR DENVER, COLORADO 80237 Plaintiff(s), 11 Docket No: 2007-CV-7001 vs. MICHELLE E BOWSHOT CERTIFICATION OF NON-MILITARY SERVICE I, Corryn L. Kronnagel, Esquire of full age, certifies as follows: I am the plaintiff's attorney herein, and have sufficient knowledge of the facts and am fully authorized to make this Certification; 2. My information is that the defendant is MICHELLE E BOWSHOT. Our latest information is that the defendant is employed at UNKNOWN. 4. To the best of my information and belief, the Defendant is not a member of the military services of the United States of its allies or otherwise within the provisions of the Soldiers' and Sailors' Relief Act of 1940, as amended, and as stated in the attached Department of Defense Manpower Data Center reports. 5. This certification is taken subject to the penalties of 18 PaCSA 4904 relating to unsworn falsification to authorities. Date: May 18, 2012 y: 4.t Kronnagel, Esquire Attorney I.D. No. 313173 Department of Defense Manpower Data Center Results as of: May-18-2012 10:25:09 SCRA 2.1 status Rvort Pursuant to Servicernemtbers Civil Relief Act Last Name: BOWSHOT First Name: MICHELLE Active Duty Status Date May-18-2012 Active utyEndDale status SerAce component On Active Duty On Active Duty Status Date NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left: Active Duty within 367 Days of Active, Duty Status Date NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date '.. The Member or His/Her Und Was Notified of a Future Cali to Active Duty on Active Duty Status Date NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. W +r r Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399H (215) 428-0666 Attorney for Plaintiff CACH, LLC. 4340 S. MONACO STREET, 2ND FLOOR DENVER, COLORADO 80237 Plaintiff(s), vs. MICHELLE E BOWSHOT S). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No: 2007-CV-7001 TO MICHELLE E BOWSHOT 319 COLLEGE HILL ROAD ENOLA, PA 17025 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above pr eedin as in ' ed below: By: Clerk R1 Judgment by Court Order ? Money Judgment ? Judgment in Replevin ? Judgment for Possession ? Judgment on Award of Arbitration ? Judgment on Verdict ? Judgment on Court Verdict If you have any questions concerning the above, please contact: Attorn.,y: Corryn L. Kronnagel, Esquire at (215) 428-0666 or toll free at (888) 275-6399 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7001 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACH, LLC Plaintiff (s) From MICHELLE E. BOWSHOT, 319 COLLEGE HILL, ROAD, ENOLA, PA 17025 (I ) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY TO BE LEVIED ON. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $41,877.57 Interest Atty's Comm Attv Paid $188.15 Plaintiff Paid Date: July 9, 2012 (Seal) L.L. S.50 Due Prothy $2.25 Other Costs Dav' D. Buell, By: ?.otary ProthDeputy REQUESTING PARTY: Name : CORRYN KRONNAGEL, ESQUIRE Address: LAW FIRM OF ALLAN C. SMITH, P.C. 1276 VETE=RANS HIGHWAY, SUITE E-1 BRISTOL, PA 19007 Attorney for: PLAINTIFF Telephone: 215-428-0666 Supreme Court ID No. 313173 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 CACH, LLC. 4340 S. MONACO STREET, 2ND FLOOR DENVER, COLORADO 80237 Plaintiff[s], vs. MICHELLE E BOWSHOT 319 COLLEGE HILL ROAD ENOLA, PA 17025 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ISSUE and INDEX WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania, (2) against MICHELLE E BOWSHOT Defendant(s); ANY AND ALL PERSONAL PROPERTY TO BE LEVIED ON. (3) and against Garnishee(s); as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property to be levied upon by Sheriff) (4) Amount Due $ 41,877.57 Interest from TOTAL DATE: June 29, 2012 Q? ?a8 , ?? a S G y i. ? ` 1?.JU Ctw c? + ., tsr S1. r plus costs. Esq. 6751M) g ? . Sv LG -U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 2007-CV-7001 a R-i " - x * 0m. -a o I zQ -- C> Wr+oF Er .ssoel s O CACH, LLC. 4340 S. MONACO STREET, 2ND FLOOR DENVER, COLORADO 80237 Plaintiff[s], vs. MICHELLE E BOWSHOT 319 COLLEGE HILL ROAD ENOLA, PA 17025 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c Docket No.: 2007-CV-7001 rn :ZM cn r-= ?o zo WAIVER OF WATCHMAN BY ORDER OF THE SHERIFF OF CUMBERLAND COUNTY COURTHOUSE - CARLISLE, PA 17013 SIR: There will be placed in your hands for service a Writ of Execution, styled as follows: CACH, LLC., Plaintiff(s) vs. MICHELLE E BOWSHOT, Defendant(s). C .? N _ C= r ? C C ? -0 3 N X GD -n C-) M4 (1) The defendant will be found at: 319 COLLEG4-0onnagelgel, OAD ENOLA, PA 1 25 Esq. (2) If Writ of Execution, state below where Defendant will be found, what goods and chattels shl all be seized and be levied upon. If real estate, attach three copies of description (not place of record) together with street and number of the premises. ANY AND ALL PERSONAL PROPERTY OF THE DEFEDNANT TO BE LEVIED ON LOCATED AT 319 COLLEGE HILL R AD ENOLA. PA 17025. (3) WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property within may leave same without a watchman, in custody of whoever is found in posse after notifying such person of such levy or attachment, without liability on the part of deputy or the sheriff to any plaintiff herein for y loss, destruction or removal of an} property before sheriff's sale thereof'. Kronnagel, LAW FIRM OF ALLAN C. SMITH, P.C THE BUCKS COUNTY OFFICE CENTER 1276 VETERANS HIGHWAY, SUITE E-1 BRISTOL, PENNSYLVANIA 19007 PH: (215) 428-0666 / FAX: (215) 428-0740 >sion, such such SHERIFF'S OFFICE OF CUMBERLAND COUNTY Anderson ?W1tp of cumbrrf .16 OFFICE (,G ?nERIFF -1E PROTHM40'r;-Ii ,ody S Smith Chief Deputy Richard W Stewart Solicitor 212 AUG -3 PM 12: 4 1 ?t1MRERLAND COUNT-11' PP-NNSYLVAANIA CACH, LLC vs. Michelle E Bowshot Case Number 2007-7001 SHERIFF'S RETURN OF SERVICE 07/17/2012 05:50 PM - John Hanner, Deputy Sheriff, being duly sworn according to law, states that on July 17, 2012 at 5:50 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Michelle E Bowshot at 319 College Hill Road, East Pennsboro Twp, Enola, PA 17025, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 07-18-12. 08/03/2012 Received notification that defendant entered bankruptcy 08-02-12. Docket # 1:12-bk-04548. 08/03/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Defendant entered into bankruptcy. SHERIFF COST: $78.18 SO ANSWERS, August 03, 2012 RON R ANDERSON, SHERIFF ir' C-ounty$wte Sheriff, Taleosoft. In ?? .? &0