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HomeMy WebLinkAbout07-7422lb I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACV of Colorado, LLC VS LEAN N H EAGY J R. NO: 07- 74aA C tv k t-Trrn NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set fourth In the following pages, you must take action within (20) days after the Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court you defenses or objections to the claims set fourth 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 of any money claims or any other claim or relief requested by the Plantiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Court Administrator 411` Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 • Harrison Ross Byck, Esq., P.C. 229 Plaza Boulevard Suite 112 Morrisville, Pennsylvania 19067 1-888-275-6399/ (215) 428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC 4340 S. Monaco Street- 2nd Floor: DENVER, CO 80237 Plaintiff, Vs. LEANN HEAGY, JR. 87 RUSTIC DRIVE # R SHIPPENSBURG, PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.. Defendant(s). COMPLAINT To: LEANN HEAGY, JR. 87 RUSTIC DRIVE # R SHIPPENSBURG, PA 17257 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 the court wthout further notice may enter a judgement against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Court Administrator 401 Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 Plaintiff, CACV OF COLORADO, LLC, by its attorney Harrison Ross Byck, by way of complaint against defendant(s) LEANN HEAGY, JR., avers the following: 1. Plaintiff, CACV OF COLORADO, LLC, is a Colorado limited liability company doing business at 4340 S. Monaco Street- 2nd Floor; Denver, Colorado 80237. 2. Defendant, LEANN HEAGY, JR., is an individuals residing at 87 RUSTIC DRIVE # R; SHIPPENSBURG, PA 17257. 3. Defendant, LEANN HEAGY, JR., is indebted to CHASE MANHATTAN BANK on an account stated by and between them in the amount of $1,809.93 which balance was due and unpaid as of October 31, 2004 for credit card account number 5183 3844 5003 7532. <Exhibit A> 4. On or about November 8, 2004, Chase Manhattan Bank sold the debt for good and valuable consideration to plaintiff, CACV OF COLORADO, LLC. <Exhibit B> 5. Defendant (s) LEANN. HEAGY, JR. last tendered a payment on this account on or about May 7, 2004 for $108.34. 6. A copy of the credit card agreement is attached hereto. <Exhibit C> 7. Plaintiff is entitled to charge-off account finance charges of $-0-. <Exhibit A> 8. Plaintiff is entitled to pre-litigation charge-off interest of $1.19 per day from the default date (24 annual percentage rate x $1,809.93/ 365 days) or $1.19 x 600 days = $714.05, which is accrued interest through the date of filing, plus an award of late fees of $-0-, plus court costs $178.50 and reasonable attorneys fees of $300.00. <Exhibit A> 9. The defendant, being indebted to the plaintiff in the sum or$3,002.48 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $3,002.48 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for$3,002.48 together with other interest, costs of suit, and an award of reasonable attorney's fees. Date: November 12, 2007 1 EXHIBIT A Page 2 d 2 PAYMENT DUE DATE ` NEW BALANCE MINIMUM DUE 1110212004 1 $1,809.93 I 41,233.38 Jan 26 2007 ACCOUNT NUMBER: 5183 3844 5003 7532 0 acsimile LEANN HEAGY JR 4W 87 RUSTIC DR SHIPPENSSURG PA 17257-8750 copy OCHASE Chase MasterCat'ft; ACCOUNT NUMBER: 5183 3844 5003 7532 NEW PAYMENT TOTAL TOTAL STATEMENT BALANCE DUE DATE CREDIT LINE AVAILABLE CREDIT CLOSING DATE $1,809.93 11102r2OD4 $1,200 $0.00 10!0812004 Here is your Account Summary: TOTAL Previous Balance $1.703.28 (-) Payments. Credits 0.00 (+) Purchases, Cash, Oebita 70.00 (+) FINANCE CHARGES 36.65 (a) New Balance 1,809.93 Minirnum Due 54.00 Past Due - Pay immediately 569.85 Over Line - Pay Immediately 609.93 MWnwm Payment Due $1,233.58 Here are your Charges and Credits at a giance: TRAN. POST REF. DATE DATE NO DESCRIPTION OF TRANSACTIONS CREDITS CHARGES 10/08 10108 OVERLIMIT FEE 3500 LATE CHARGE - MIN PYM7 NOT RECD BY DATE 3500 Total of your credits and charges 0.00 70.00 FAILURE TO MAKE PAYMENT HAS DAMAGED YOUR CREDIT RATING. WE WANT TO WORK WITH YOU TO REBUILD YOUR CREDIT. CALL TODAY TO GET STARTED. Here's how we determined your F inance Charge*: Days in Bid Cyck- 29 NOMINAL DAILY AVERAGE PERIODIC/MIN. TOTAL ANNUAL ANNUAL PERIODIC DAILY FINANCE FINANCE PERCENTAGE PERCENTAGE RATE BALANCE CHARGE CHARGE RATE RATE Cash Purchases 0.07326% ' $702.11 $14.91 $14.91 26.74% 26.74% 0.07326 .6 $1,023.58 $21.74 $21.74 26.74% 26.74% see reverse we for balance computation method and other Important Information. Questions about your account? Credit Card lost or stolen? Call Chase Customer Service 24 hours a Day, 7 days a week, toll-free, at 1-800-4449370 or write P.O. BOX 15683, Wilmington. DE 19886-1194. Para Servicio al Cliente en Espanol: 1-800-545-0464. Page 1 of 1 EXHIBIT B CERTIFICATE OF PURCHASE I, Dawn RannellS hereby depose and state that: 1. I am an Authorized Agent of CACV OF COLORADO, 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: LEANN HEAGY, JR. Original Creditor: CHASE MANHATTAN BANK Account Number: 5183384450037532 3. On or about November 8, 2004 this account was sold by the original creditor. CACV OF COLORADO, LLC is the current owner of the account and purchased the account for good and valuable c o n s i d e r a t i o n Date: SEP 1 8 2007 By Sworn 2007. "' N day of My Commission Expires: FNE HANIE MORRIS TARY PUBLIC OF COLORADO My Commission Expires 05/22/2011 PA 7.27.07 EXHIBIT C ._ _- - - 4 x ±e,3 ft fJA1 C? rL'?Sr; wq $ ?-C c ? + q$i I ofl'v =? 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Sao-?0 t VV ef.E IVA- Aff 9A 06 Ila elf ° JKS cm .1 U. . 81 •? ;.?_'3"? ? ~ ?' t. wire .. .. ? ? 8 ?•?,_ see g I& ii- 8= -___- ?• ?? -gyp C .., ? Opt .•s pia :•o?a o I G' ai ci 4. $kagac . !+ V1• r «r ? '?Fiq?'MN" w a 7 O n ?e yw? ? , Uzi a pa n .? 8g.g E 42 R-I laft "MA rill d E i 10 o as a? t' ijbHO 6 1 JIM 1 fill as PA -ft .t • : ag Iqo e , 35 f BE law, a? -A A SA at 8 re S b N ? gfa 19 .G ? a I a ? a J Joe g ?A , a oil oa 'i Aid jai s . y s s : n p In too's p w 3 'e 1110 bus I Asr A..w i ills i I 1 .8 i ft ?. w 12 2 '', w g ]. I a # ?r alluff, 11.1 jai ?? s C .B 01 1 jig jail • y all .? is Iva v Ive fill .9101 al 10 V r ?a aim fin s GIs i, a? ??. 5 jig 9 VERIFICATION if Dawn Rannells 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 LEANN HEAGY, JR. owes the balance of $1,809.93 to CACV OF COLORADO, 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 unworn falsification to authorities. By: Dated: SEP 1 8 2007 Authorized Representative PA 7.27.07 V1 CD O V' rA V' D SHERIFF'S RETURN - REGULAR CASE NO: 2007-07422 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS HEAGY LEANN JR GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WVA('-V T.PAATNT 7R the PLAINTIFF at 2000:00 HOURS, on the 18th day of December , 2007 at 87 RUSTIC DRIVE SHIPPENSBURG. PA 17257 by handing to LEANN HEAGY JR. 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 19.20 Affidavit .00 Surcharge 10.00 i;L/31 /0 7 00 4 Sworn and Subscibed to before me this day of So Answers: R. omas Kline 12/21/2007 HARRISON ROSS BYCK By. Deputy S iff A. D. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO: 07-7422 CACV Of Colorado v Leann Heaav CIVIL ACTION, LAW APPEARANCE Now comes Richard R. Gan, Esq. and enters his appearance on behalf of Leann Heagy, the named Defendant in this matter. Richard R. Gan, Esq. Led-7 Gan Law Group 64 South Pitt Street Carlisle, Pa 17013 ID 68721 717-241-4300 717-243-5175 ?r `, J l_e. ?_? i ?? ? 7 ? 4 ? n? _._ r..^ _ ? ' ,, . T C ?''? . <:.. z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA, CIVIL DIVISION CACV OF COLORADO PLAINTIFF FILE NO 07-7422 VS CIVIL ACTION LEANN HEAGY DEFENDANT ANSWER TO COMPLAINT WITH AFFIRMATIVE DEFENSES 1. In response to paragraph one of Plaintiffs Complaint, Defendant neither admits nor denies the same as she is without sufficient information to form a belief as to the truth and veracity of this paragraph. 2. In response to paragraph two of Plaintiffs complaint, Defendant admits the same. 3. In response to paragraph three of Plaintiffs complaint, Defendant admits that she may have utilized the credit card in question. Defendant asserts that conditions were placed on the use and management of the card to which she was unaw or that were not disclosed tdher. Defendant further states that the current balance owed is incorrect. 4. In response to paragraph four of Plaintiffs complaint, Defendant neither admits nor denies this allegation as she is without sufficient information to form a belief as to the truth or veracity of this allegation. 5. In response to paragraph five of Plaintiffs complaint, Defendant admits the By: Gan Law Group same. 6. In response to paragraph six of Plaintiffs complaint, Defendant states that this allegation requires no response. 7. In response to paragraph seven of Plaintiffs complaint, Defendant is without sufficient information as to form a belief as to the truth and veracity of this allegation. 8. In response to paragraph eight of Plaintiffs complaint, Defendant denies the same as it is untrue as plead 9. In response to paragraph nine of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. WHEREFORE, Defendant respectfully prays that this complaint be dismissed, with prejudice as to all matters contained herein. 64 South Pitt Street Carlisle, Pa 17013 717-241-4300 ID 68721 AFFIRMATIVE DEFENSES Now comes Defendant Leann Heagy and for her affirmative Defenses states as follows: 1. That the terms and conditions for the use of the credit card were improperly misrepresented to her which constitutes fraud and misrepresentation. 2. That Plaintiff forwarded the offer of credit to Defendant, at his own peril and must assume the risks attendant thereto. 3. That Plaintiff, in refusing to work with Defendant in this regard has failed to properly and fully mitigate its damages. 4. That Plaintiff improperly and with design extended credit to Defendant which was contrary to her income and current responsibilities and guaranteed the failure on this alleged credit agreement. 5. That the above actions on the part of Plaintiff were done in order to mislead Defendant and provides a basis to declare the contract void ab initio as the terms and conditions upon which the contract was entered into were fraudulent and illusory. By: Gan Law Group 64 South Pitt Street Carlisle, Pa 17013 717-241-4300 / /;?; 14ne ID 68721 VERIFICATION I, LEANN HEAGY, hereby certify that the facts set forth in the foregoing Answer to Complaint and Affirmative Defenses are true and correct to the best of my knowledge, information and belief; I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. LEANN HEAGY Date: -6 Document #: 163765.1 t_ ?,? ?.,, ,;a. <??' ,? «? { ca COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CACV of Colorado, LLC, Plaintiff File: 07-07422 V LEANN HEAGY, CIVIL ACTION-LAW JURY TRIAL DEMANDED Defendant MOTION TO WITHDRAW AS COUNSEL And now this 30TH day of JANUARY 2009, Richard R. Gan states as follows: 1. That I am currently attorney of record for Leann Heagy in the above matter. 2. That this matter was negotiated to a very reasonable settlement with Plaintiff 3. That this offer of resolution was conveyed to Ms Heagy by phone, written letters and personal documentation dropped off at her home over a period of five months 4. That this contact included phone calls to her place of employment, her home and her cell phone. 5. That Ms Heagy refuses to answer phone calls, respond to letters or take advice of this law firm. 6. That as a result, Ms Heagy neither agrees with nor has followed the recommendations of this law firm. 7. That for all of the above reasons, I can no longer represent Ms Heagy. WHEREFORE, Counsel for Plaintiff respectfully requests this Honorable Court grant this motion to withdraw. Respectfully Submitted, GAN LAW GROUP Richard R. Gan 64 South Pitt Street Carlisle Pa 17013 717-241-4300 717-243-5175 ID 68721 Dated CERTIFICATE OF SERVICE AND NOW, this 2°a day of February 2009, I, Richard R. Gan, Esquire, of Gan Law Group, attorneys for Defendant, hereby certify that I served a copy of the within Proof of Service by Mail this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Law Office of Harrison Ross Byck, Esq. 229 Plaza Boulevard, Suite 112 Morrisville, Pa 19067 And Leann Heagy 87 Rustic Drive # R Shippensburg, Pa 17257 Document #: 181832.1 CACV OF COLORADO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff CIVEL ACTION - LAW V. NO. 07-07422 LEANN HEAGY Defendant PROOF OF SERVICE BY FIRST CLASS MAIL I, Richard R. Gan, Esquire, do hereby certify that on February 2, 2009 a copy of my Motion to withdraw as Counsel was sent by first class mail to: Harrison Ross Byck, Esq 229 Plaza Boulevard, Suite 112 Morrisville, Pa 19067 And Leann Heagy 87 Rustic Drive # R Shippensburg, Pa 17257 Gan Law Group Dated: y Document #: 181832.1 Attorney I.D. No. 68721 64 South Pitt Street Carlisle, PA 17013 (717) 241-4300 ?? ? .°?-, --a ?? ?? , tv ?;:?. m-; ., ::;.? F , ,. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CACV of Colorado, LLC, Plaintiff File: 07-07422 V LEANN HEAGY, CIVIL ACTION-LAW JURY TRIAL DEMANDED Defendant AMENDED MOTION TO WITHDRAW AS COUNSEL And now this 30TH day of JANUARY 2009, Richard R. Gan states as follows: 1. That I am currently attorney of record for Leann Heagy in the above matter. 2. That this matter was negotiated to a very reasonable settlement with Plaintiff 3. That this offer of resolution was conveyed to Ms Heagy by phone, written letters and personal documentation dropped off at her home over a period of five months 4. That this contact included phone calls to her place of employment, her home and her cell phone. 5. That Ms Heagy refuses to answer phone calls, respond to letters or take advice of this law firm. 7 6. That as a result, Ms Heagy neither agrees with nor has followed the recommendations of this law firm. 7. That as of the date of filing of this motion, no Judge has been assigned or ruled on any matter relating to this file. * * * * * * * * * * * * * 8. That Counsel for Plaintiff was contacted regarding this request to withdraw and has no objections. *************** 9. That for all of the above reasons, I can no longer represent Ms Heagy. WHEREFORE, Counsel for Plaintiff respectfully requests this Honorable Court grant this motion to withdraw. Respectfully Submitted, GAN LAW GROUP Richard R. Gan 64 South Pitt Street Carlisle Pa 17013 717-241-4300 717-243-5175 ID 68721 ?- tI /'/ Dated C? ca -? `c' ?. f r ? C+Cf t"` =, ?, j::: t .' .?' ? _ r !_ ?' ? ?C"? ?} ? .... ? ' :' ? .i ? CJ'1 FZB 0 3 M9? CACV of Colorado, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 07-07422 LEANN HEAGY, Defendant ORDER AND NOW, this / A A day of Fjq!i!= 2009, after reading the attached motion to withdraw and the court being otherwise fully advised in the premises, IT IS ORDERED THAT Attorney Richard R. Gan is permitted to withdraw as counsel for Defendant in the above stated matter. BY CO T: 1?- L Dated: T L?7 , /n 2009 Document 4:181832.1 ?o 81 :E wd Z 1 833 6001 -M JO Ajjga\,?)i?.LOW ,Hi Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, ? f:- 'r ? ` OTARY T 2010 FEB -9 Ph 2' 46 CUM' ".1 1 ly CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. LEANN HEAGY 87 RUSTIC DRIVE SHIPPENSBURG, PA 17257 No. 2007 - 07422 Defendant MOTION FOR JUDGMENT ON THE PLEADINGS CACV OF COLORADO, LLC, Plaintiff in the above-captioned case, hereby moves the Court for Judgment on the Pleadings based upon deemed admissions of Defendant, and in support of such motion would show the Court as follows: 1. On or about August 22, 2008, Plaintiff served on Defendant a set of requests for admissions, interrogatories, and requests for production of documents. Exhibit A. Answers to requests for admissions, interrogatories and requests for production were due on or before September 22, 2008. 2. Defendant wholly failed to make timely responses or objections to Plaintiffs discovery. As of the date of this motion, Defendant has answered none of Plaintiff's requests for admissions, interrogatories and has produced none of the requested documents. 3. Subsequently, on or about December 19, 2008, 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 she hadn't responded or to ask for an extension. 4. On or about February 2, 2009, Plaintiff received a copy of Motion to Withdraw as Counsel for Defendant from Attorney Richard R. Gan, attached as Exhibit C. 5. On or about February 12, 2009, Plaintiff was notified via Order that Attorney Richard R. Gan was permitted to withdraw as counsel for Defendant, attached as Exhibit D. 6. As of this date, Defendant has not responded to any of Plaintiff's discovery. 7. Defendant has not objected to or sought a protective order pursuant to Pa.R.C.P. 4012 concerning Plaintiff's discovery. 8. Plaintiff is not in default of any discovery obligations. 9. 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. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court enter a Judgment on the Pleadings 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, AlianC.mit sq. Harrison Ross Byck, Esq., P.C. Attorney I.D. 204756 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff Date: February 4, 2010 Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. LEANN HEAGY 87 RUSTIC DRIVE SHIPPENSBURG, PA 17257 No. 2007 - 07422 Defendant MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS CACV OF COLORADO, LLC, Plaintiff in the above-captioned case hereby moves the Court for Judgment on the Pleadings based upon deemed admissions of Defendant, and in support of such motion would show the Court as follows: 1. HISTORY OF THE CASE On or about August 22, 2008, Plaintiff served on Defendant a set of requests for admissions, interrogatories, and requests for production of documents. Exhibit A. Answers to requests for admissions, interrogatories and requests for production were due on or before September 22, 2008. Defendant wholly failed to make timely responses or objections to Plaintiffs discovery. As of the date of this motion, Defendant has answered none of Plaintiffs requests for admissions, interrogatories and has produced none of the requested documents. Subsequently, on or about December 19, 2008, 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 that request or contacted Plaintiff to explain why she hadn't responded or to ask for an extension. On or about February 2, 2009, Plaintiff received a copy of Motion to Withdraw as Counsel for Defendant from Attorney Richard R. Gan, attached as Exhibit C. On or about February 12, 2009, Plaintiff was notified via Order that Attorney Richard R. Gan was permitted to withdraw as counsel for Defendant, attached as Exhibit D. As of this date, Defendant has not responded to any of Plaintiff's discovery. Defendant has not objected to or sought a protective order pursuant to Pa.R.C.P. 4012 concerning Plaintiff's discovery. Plaintiff is not in default of any discovery obligations. 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. II. QUESTION PRESENTED When a party fails to respond to discovery, may the Court enter an order for Judgment on the Pleadings? Suggested answer: Yes III. LEGAL ARGUMENT Pursuant to Rules 4005, 4006, 4009.1 and 4014 of the Rules of Civil Procedure, a party may request discovery from any party. Responses to same are due within thirty (30) days after service of same. 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 September 22, 2008, the party to whom the request is directed responds by verified answer or an objection. Defendant may have formally objected to the discovery or sought a protective order under Pa.R.C.P. 4012 but she did neither. Accordingly, all matters in Plaintiff s unanswered discovery and unobjected-to requests for admissions directed to Defendant should be deemed admitted. Pursuant to Rule 1034 of the Rules of Civil Procedure, Plaintiff is entitled to move for Judgment on the Pleadings after the relevant pleadings are closed, but within such time as to not delay the trial. In this case, there is now 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 above discovery admissions, no issue of fact could be established by further discovery or expert report. If Defendant fails to respond to the instant motion, the Court may treat this motion as uncontested by C.C.R.P. 208.3(a). An Order for Judgment on the Pleadings is consistent with the inherent power of the Court to control the judicial process and to enforce the rules of court and discovery. Furthermore, such an order promotes efficiency and avoids unnecessary additional motions and hearings, in that it both compels parties to conform to the Pennsylvania Rules of Civil Procedure, the rules of court, and sets the consequences of any failure to comply. IV. CONCLUSION Plaintiff requests an order for Judgment on the Pleadings. Plaintiff requests said judgment in the amount of $3,002.48, which includes court costs, prayed for in the Complaint sets the consequences of any failure to comply. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court enter a Judgment on the Pleadings on behalf of the Plaintiff, in the amount of $3,002.48, 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. Smith, Esq. Harrison Ross Byck, Esq., P.C. Attorney I.D. 204756 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff Date: February 4, 2010 Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, vs. LEANN HEAGY 87 RUSTIC DRIVE SHIPPENSBURG, PA 17257 Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2007 - 07422 VERIFICATION I, Allan C. Smith, Esq., of the Law Office of Harrison Ross Byck, Esq., P.C., attorneys for Plaintiff, CACV OF COLORADO, 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 Judgment on the Pleadings 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: February 4, 2010 1 Allan C. Smith, sq. Attorney I.D. No. 204756 Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. LEANN HEAGY 87 RUSTIC DRIVE SHIPPENSBURG, PA 17257 No. 2007 - 07422 Defendant CERTIFICATE OF SERVICE I, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's Motion for Judgment on the Pleadings regarding the above-captioned matter upon defendant(s) LEANN HEAGY by United States mail, postage prepaid, on February 4, 2010 at his/her last address of: LEANN HEAGY 87 RUSTIC DRIVE SHIPPENSBURG, PA 17257 Date: February 4, 2010 f sAllan C. Smith s q. Attorney I.D. No. 204756 ' The Law Office of Harrison Ross Eyck, Esq., P.C. plaza l;uulevar(I. Suite I I' ?%lurrisv ille, VA 19067 Local: ( 215) -4 28-0666 Fax: (2 15) 428-0740 Harrison Russ Beck. Iay. Dull Free: (888) 275-6399 Mcnlher: PA and \J State Har t tt ( ounwI \Ilan t smith. Esq. \tcnthrr I' \ anal \l titmc liar .I-cph 1. Diorio, Esq. \k•nlher: \.1 state l1;tr Leonard .%. S!"'Ruedolce, t:%+ NIcmher: P:\ Statc liar August 22, 2008 RICHARD GAN, ESQ. GAN LAW GROUP 64 SOUTH PITT STREET CARLISLE, PA 17013 RE: CLAIM OF CACV OF COLORADO, LLC, ASSIGNEE FOR COLLECTION OF: Your Client: Court Filed: County Filed: Docket No.: Balance: Our Client: Our Account No.: Original Creditor: Original Account Number: LEANN HEAGY COURT OF COMMON PLEAS CUMBERLAND 07 - 07422 $ 3580.42 CACV OF COLORADO, LLC CACV-12944051041100946 CHASE MANHATTAN BANK 5183384450037532 Dear RICHARD GAN, ESQ., Enclosed please find herein a copy of Plaintiff's First Set of Interrogatories, Requests for Production of Documents and 't'hings, and Requests for Admissions directed to Defendant LEANN HEAGY. If N, ()U hilV(' Oily ClU Stiolls Or PrOhlelllS, Please do IIOt hesitate to l'illl Inc it till' '1hOve number. Sincerely, / Ailall L. Illlth, l.Sq. cc: Isle I larrison Ross Byck. i=sq.. P.C. ?lttorncw 1. D. 6151 1 "9 Plaza 131vd.. Suite 112 Morrisville, PA 19067 1-888-275-6199// (215) 428-0666 Attornev tier Plaintiff CACV OF COLORADO, LLC ) COUR1'OF COMMON PLF AS CUMBERLAND COUN"VY Plaintiff, NO: 07 - 07422 VS. LEANN HEAGY Defendant(s) PLAINTIFF'S FIRST SET OF INTERROGATORIES Directed to: LEANN HEAGY, Defendant, by and through Defendant's attorney of record, RICHARD GAN, ESQ., GAN LAW GROUP, 64 SOUTH PITT STREET, CARLISLE, PA 17013 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 InterroLlatories Pursuant to Rule 4006 of the Pennsylvania Rules of Civil Procedure, you are to ans%%er the attached interrogatories separately, billy, 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. 'Vo the extent that may be reduired by the applicable rules of procedure and evidence you are hereby notified that Plaintiff intends to use anv and all answers to the attached interrogatories as evidence at trial or any other hearing in this case. Please flute that ifafter N'uu submit tour responses to these interrogatories, you learn that anN such response xNas either incomplete when made. or. although complete and correct when made, is no longer complete and correct. you must amend or suPPlenient your response reasonably promptly alter you discover the necessity fur 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. A flan C. Smith, Esq. Attorney for Plaintiff State Bar No.: 204756 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 (888) 275-6399H (215) 428-0666 Dated: August 22, 2008 DEFINITIONS ,V "issuer" refers to CHASE MANHATTAN BANK B. "Account" or "the recount" refers to Account Number 5183384450037532 with CHASE MANHAT TAN BANK which was changed alter the account was charged off to Account Number n/a1. C. "Card" or "the Card" refers to the MASTERCARD card that was issued on the Account. 1). "Defendant," "you," "your," or "yours"' refers to LEANN HEADY. 1:. "Plaintiff" refers to CACV OF COLORADO, LLC and encompasses any person, employee, or other entity authorized to act on Plaintiff's behalf. 1". "Identify", as used herein with regard to a person, shall mean to provide the following: ( I ) 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 docUrncnts or tangible things by title, present location, usual location, custodian, and contents. If. 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, prolessional 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 " WX's". telecopies; dralts or preliminary versions of the 16regoing; 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 \0atsoever. including any carbon. photographic. m1croClm or other type of copy of such items, whether or not such copy is different front the original by reason ofany markings, additions, commentaries, revisions, deletions, or substitutions. 1. "Colllnuinication" shall include, but is [lot limited to, any oral Will III Unications. correspOndenee, memoranda, reports, records and/or recordings of telephone calls and reports of meetings. f. "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. 1'. " C'hargeoff date" means OCTOBER 31, 2004. 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. INTERROG.XTORIES Interrogatory No. 1: Idcntily all persons who participated in the preparation ofthe 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 identity any persons whom Defendant believes may have received the Card. f ntcrrogatory No. 4: If Defendant denies having used the Card identity 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. is II'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 char3eoffdate, Issuer sent to Defendant on a monthly basis a statement of charges and balance 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 o?1 the Account as of OCTOBER 31, 2004 and explain how such balance was calculated. Interrogatory No. 8: State the date and amount of each payment that Defendant has made on the Account since OCTOBER 31, 2004. Interrogatory No. 9: State the facts o?1 which you base any refusal to admit Plaintiffis presently the owner of the Account. Interrogatory No. 10: State the facts on %khich you base any refusal to admit Defendant is indebted to Plaintiff for the amounts asserted in Plaintiffs Original Complaint ill this case. fnterrogatory No. I l: If Defendant contends or believes that the debt that is the subject ot'this suit is the obligation ol'any person or entity other than Defendant, identify such other persons or entities and state the facts on NNhich 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: Identity 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: Identity all persons whom you may call as expert witnesses at trial and state the subject matter ofeach such person's anticipated testimony and the opinions of each such person concerning the subject matter of this litigation. Interrogatory No. 15: Identify all persons whose mental impressions or opinions have been reviexkcd by any person whorn 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. I larrison Ross Byck, Fsq., P.C. Attorney 1. 1). 615 11 221) Plaza BIvd., Suite 112 Morrisville. PA 10067 1-888-275-6399/l/ (2 15) 428-0666 Attornev for Plaintiff CACV OF COLORADO, LLC } COUR'I'OF COMMON PLEAS CUMBERLAND COON I'Y Plaintiff, ) NO: 07 - 07422 vs. LEANN HEAGY Defendant(s) PLAINTIFF'S FIRST REQUESTS FOR ADMISSIONS Directed to: LEANN HEAGY, Defendant, by and through Defendant's attorney of record, RICHARD GAN, ESQ., GAN LAW GROUP, 64 SOUTH PITT STREET, CARLISLE, PA 17013 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 Remarding Requests for Admissions Pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, you are requested to admit the truth ofeach of the matters stated below. You are to respond to cash ofthe following requests in writing land under oathl within lorty-five days after service, by delivering or causing to he delivered to the undersigned attorney a statement admitting or denying specifically, in good faith, each matter of %%hich in 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 liar admissions, you learn that any such response was either "'Complete when made, or, although complete and correct when made. is no longer complete and correct. N ou 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 ofany evidence that is inconsistent with matters that you have admitted or that you have failed to deny on a timely basis. A an C. Smith, Esq. Attorney for Plaintiff State Bar No.: 204756 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 (888) 275-6399H (215) 428-0666 Dated: August 22, 2008 DEFINITIONS :?. "Issuer" refers to CHASE ;MANHATTAN 13ANK 13. "Account" or "the Account" refers to Account Number 51183384450037532 with CHASE MANHATTAN BANK [which was changed after the account was charged off to ACCOUnt Number n/a 1. C. "Card" or "the Card" refers to the MASTERCARD card that was issued on the Account. D. "Defendant," "you," "your," or "yours" refers to LEANN HEAGY. I". "Plaintiff"refers to CACV OF COLORADO, LLC and encompasses any person, employee, or other entity authorized to act on Plaintiff's behalf. J.. "Identify", as used herein with regard to a person, shall mean to provide the following: ( I ) 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. 11. 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 \khonlever 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 ofaccounts; journals: notices; letters; catalogs; canceled checks; bank statements; invoices; bills; diaries. purchase orders; memoranda of tCICpholle ConlillLill iCat1o11S; telegrams: telexes or " I'WX's": telccopies: drafts or preliminary versions of the. torcgoing. communications to or from any governmental or law enfOrcenlcnt subdivision, officer, or agency: and any other instru?ncnt, writing. recording. or data compilation of any nature whatsoever, including any carbon, photographic. nlicrofilnl or other t%pe of copy ot'such items. whether or not such copy is different from the oritinal by reason of any markings. additions. commentaries, revisions. deletions. or substitutions. I. "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. I. "Person means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. K. "Credit bureau" means any person who, tier compensation, gathers, records, and disse?ilinates 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 OCTOBER 31, 2004. 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 ofthe COUllty in wllich this suit was tiled. RFA No. 2: You signed the origh.,al application for the Card in the county in which this suit was tiled. RFA No. >: You used the Card to make purchases or obtain extensions of credit in the county in which this suit was tiled. RFA No. 4: Defendant applied to Issuer for issuance of the Card. RFA No. >: I'he Card was issued to Defendant. R FA No. 6. DCI'Cndant reCei\cd the Card. RF:? No. 7. Detendant accepted the Card. RFA No. 8. Defendant signed the back of the Card. RFA No. 9. Defendant used the Card to make purchases. RFA No. 10. Detendant used the Card to obtain extensions of credit. RFA No. 11: Issuer made dish advances to Detendant. either as actual cash or in payment tier purchases Detendant made from third parties by using the Card. RFA No. 12: Defendant accepted each such advance: on the Account. RFA No. 1 By 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 ofany billing statement on the Account send to Issuer a written dispute of the billing statement. RFA No. 16: Defendant has luilcd to repay all of the advances made by Issuer on the Account. M'A No. 17: I he balance due, m6ng, and unpaid on the account, alter allowing all just and lawful payments, credits and offsets, xxas $ 1,809,93 as of OCTOBER 31, 2004. RFA No. 18: Defendant has made no payments on the Account since MAY 7, 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 NOVEMBER 8, 2004, the Account was sold to Plaintiff. IZ ANo.?1: On NOVEMBER 8, 2004, the Account N%as assigned to Plaintiff. RF;A No. '?: Plaintiff is presently the o\\ncroftIle Account. RFA No. ?3: Defendant is indebted to Plaintiff for the amounts asserted in Plaintiffs Original Complaint in this case. RFA No. ?4: Defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of Defendant. RFA No. ?5: Each of the charges comprising the Account was reasonable. I larrison Ross Byck, [-sq.. P.C. Attornev I.D. 61-5 11 -"'9 Plaza 131\ d.. Suite 112 Morrisville. PA 19067 1-888-275-6399// (215) 428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 07- 07422 Vs. LEANN HEAGY Defendant(s). PLAINTIFF'S FIRST REQUESTS FOR PRODUCTION Directed to: LEANN HEAGY, Defendant, by and through Defendant's attorney of record, RICHARD GAN, ESQ., GAN LAW GROUP, 64 SOUTH PITT STREET, CARLISLE, PA 17013 Pursuant to Rule 4009 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 it true copy of your answers and responses to the undersigned attorney by the deadlines stated below. Instructions Regarding Requests for Production As to each Request for Production set birth below, the requested items are to he produced and delivered to the undersigned attorney at the Law Office of Harrison Ross Byck, Esq., P.C., 229 Plaza Blvd., Suite 112, Morrisville, PA 19067, fur inspecting, copying or photographing pursuant to Rule 4009 ofthe Pennsylvania Rules ofCivii Procedure. "I'hcse requests apply to all described documents and tangible things over N?hich Defendant has possession, custody, or control, and production is to he made within thirty days alter the date ofservice ofthese requests. All original documents produced and idcntitied as such shall lie returned to Dctcndant %kithin thirty days Billowing receipt thereof. In connection with these requests you arc instructed that the phrase "possession, custody or control" has the meaning set Birth in the Definitions section below. Privileged Documents: II'you withhold any dOCU111CIAS baSCd U11011 it Clain) of priv ilcge you are to provide a lob! 01',uch documents, listing them by date. title for description il'tultitlccll. author. Mid the specific privilege asserted. Lost, Discarded or Destroyed Documents: Ifanv document requested herein has been lost, discarded, or destroyed, please identify such document by providing the ti)llo\\ ing information in your response: I. Description of document. 2. Date of disposal or loss. 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 Lit trial. ;Ian ? Smith, Esq. Attorney for Plaintiff State Bar No.: 204756 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 (888) 275-63991/ (215) 428-0666 Dated: August 22, 2008 DEFINITIONS A. "Issuer" ret:rs to CHASE MANHATTAN BANK 13. "Account" or "the Account" refers to Account Number 5183384450037532 with CHASE MANHATTAN BANK [which was changed after the account was charged off to Account Number ?tiial. C. "Card" or "the Card" refers to the MASTERCARD card that was issued on the Account. D. "Defendant," "you," "your," or "yours" refers to LEANN HEADY. F;. "Plaintiff" refers to CACV OF COLORADO, 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: ( I) the person's full name; (2) any other names the person uses or has used in the past; (1) 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, hooks; statements of accounts; journals; notices; letters; catalogs; canceled checks; bank statements; invoices; bills; diaries; purchase orders; memoranda of telephone colilmUniCLAionS, telegrams: telexes or "TWX's"; telecopies; drafts or preliminary versions of the foregoing; conununications to or from any governmental or low entorcement subdivision. officer, or agency; and any other instrument, writing, recording, or data compilation ofany nature whatsoever, including any carbon, photographic, microfilm or other t\'pe of copy of such items, whether or not such cope is different from the original by reason of any marki deletions, or suhstitutiuns. ngs. additions, commentaries. revisions, 1. -('ommunication" shall include, but is not limited to, any oral cotiuLill icatioils, correspondence, memoranda, reports, records and/or recordings oftelephone calls and reports of meetings. .1. '"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. 1'. " C'hargeoffdate" means OCTOBER 31, 2004. 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 PRODUCT1oN OF DOCUMENTS AND TH1;NG5 IZFP 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 trom MARCH 1, 2002 through OCTOBER 31, 2004. 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 hilling statement on the Account, together with proof of sending and receipt of such correspondence. IUP No. >: II'Delendant refuses to admit that Defendant has failed to repay all ofthe advances made by Issuer on the recount. produce true copies of all payments made on the Account. RIA' No. 6: If Defendant refuses to admit that Defendant has made no payments on the .Account since MAY 7, 2004, produce true copies ofall docUlllentS 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 Plaintiffs Original Complaint in this case, produce true copies of all documents on which you base your refusal to admit. RFP No. 8: 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: Ifyou 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. Lill documents and materials reviewed or relied upon by such expert in preparing the report; and e. 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 e. all correspondence between you or your attorneys and each such expert. RFP No. 12: Please produce all correspondence between Plaintiff(or any of its attorneys) and Defendant (or any of Defendant's attorneys). RUT No. 13: Please produce all correspondence between Issuer and Defendant. RIP No. 14: Please produce all statements of Plaintiff or any of its attorneys. R113 No. 15: Please produce all witness statements pertaining to this litigation. RIP 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. I larrison Ross Byck, 'sq.. P.C. Vtorney 1. 1). 6151 1 29 Plaza Bled., Suite 112 RlorrisN ille. PA 10067 1-888-275-6399,x/ (2 15) 428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC ) COLS RT OFCOMMON PLEAS CUMBERLAND COUNTY Plaintiff; ) NO: 07 - 07422 vs. ) LEANN HEAGY Defendant(s). CERTIFICATE OF SERVICE I, 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 'T'hings, and Requests for Admissions to Defendant regarding the above-captioned matter upon defendant(s) LEANN HEAGY by United States mail, postage prepaid, on August 22, 2008 at his/her attorney's address of. RICHARD GAN, ESQ. GAN LAW GROUP 64 SOUTH PITT STREET CARLISLE, PA 17013 Date: :august 22, 2008 Allan C'. Smith, sal. ;Attorney I.U. No. 204756 The Law Office of Harrison Ross Byck, Esq., P.C. Boulevard. Suite 112 Murris%ille. PA 19067 Local: 15) 428-0066 Fax: (21 5) 428-0740 full Free: (888) 275-6309 Harrison Koss Il ck, Esq. %lemher: P;1 and NJ Stute liar ()t Counsel] %Il:w ( . Smith, Esq. \trmbcr. VA and N) ' Statc Bar December 19, 2008 RICHARD GAN, ESQ. GAN LAW GROUP 64 SOUTH PITT STREET CARLISLE, PA 17013 Joseph A. Diorio, Esq. Member: NJ State Bar Leonard A. SanKuedolce, Esq. \trmbcr: P.A State Bar RE: CLAIM OF CACV OF COLORADO, LLC, ASSIGNEE FOR COLLECTION OF: Your Client: Court Filed: County Filed: Docket No.: Balance: Our Client: Our Account No.: Original Creditor: Original Account Number: Dear RICHARD GAN, ESQ., LEANN HEAGY COURT OF COMMON PLEAS CUMBERLAND 07 - 07422 $ 3580.42 CACV OF COLORADO, LLC CACV-12944051041100946 CHASE MANHATTAN BANK 5183384450037532 On August 22, 2008, 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 any response to those discovery requests. Please respond to these requests within ten (10) days of the date of this letter. If 1 do not hear from you, 1 will be required to file a [lotion 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, problems or would like to discuss a settlement agn-'eable to both our clients, Please do not 11CSitatc to rall me at the above number. Sincerelv, \llan C. Smith, Esq. (k,: file EXHIBIT B EXHIBIT C COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CACV of Colorado, LLC, Plaintiff File: 07-07422 V LEANN HEAGY, Defendant r. CIVIL ACTION-LAW JURY TRIAL DEMANDED MOTION TO WITHDRAW AS COUNSEL And now this 30TH day of JANUARY 2009, Richard R. Gan states as follows: I . That I am currently attorney of record for Leann Heagy in the above matter. 2. That this matter was negotiated to a very reasonable settlement with Plaintiff 3. That this offer of resolution was conveyed to Ms Heagy by phone, written letters and personal documentation dropped off at her home over a period of five months 4. That this contact included phone calls to her place of employment, her home and her cell phone. 5. That Ms Heagy refuses to answer phone calls, respond to letters or take advice of this law firm. 6. That as a result, Ms Heagy neither agrees with nor has followed the recommendations of this law firm. 7. That for all of the above reasons, I can no longer represent Ms Heagy. WHEREFORE, Counsel for Plaintiff respectfully requests this Honorable Court grant this motion to withdraw. Respectfully Submitted, GAN LAW GROUP Richard R. Gan 64 South Pitt Street Carlisle Pa 17013 717-241-4300 717-243-5175 ID 68721 U Dated EXHIBIT D r `3 Q "' Z'UJ Ir7 CACV of Colorado, LLC V. LEANN HEAGY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Defendant CIVIL ACTION - LAW NO. 07-07422 ORDER AND NOW, this / a day of Fjq!lt???2009, after reading the attached motion to withdraw and the court being otherwise fully advised in the premises, IT IS ORDERED THAT Attorney Richard R. Gan is permitted to withdraw as counsel for Defendant in the above stated matter. BY E CO RT: Dated: 2009 tRUE COPY FROM REGORu Tes0mony whereof, I here unto set my hares n the seal of said Court at CariiO, Pa. n ? ay Profltanotar?l Document #- 181832.1 Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. LEANN HEAGY 87 RUSTIC DRIVE SHIPPENSBURG, PA 17257 No. 2007 - 07422 Defendant AFFIDAVIT OF SERVICE I, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiffs Praecipe for Argument Court, Proposed Order, and Memorandum of Law in Support of Plaintiff s Motion for Judgment on the Pleadings, regarding the above-captioned matter upon defendant(s) LEANN HEAGY by United States First Class Mail, on February 4, 2010 at his/her last address of: LEANN HEAGY 87 RUSTIC DRIVE SHIPPENSBURG, PA 17257 Date: February 4, 2010 By-"' ;?Allan C. Smi , Esq. Attorney I.D. No. 204756 Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. LEANN HEAGY 87 RUSTIC DRIVE SHIPPENSBURG, PA 17257 Defendant C , o i T No. 2007 - 07422 M z a J> N) `.) IT! AFFIDAVIT OF SERVICE I, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's Praecipe for Argument Court, Proposed Order, and Memorandum of Law in Support of Plaintiff's Motion for Judgment on the Pleadings, regarding the above-captioned matter upon defendant(s) LEANN HEAGY by United States First Class Mail, on February 15, 2010 at his/her last address of: LEANN HEAGY 87 RUSTIC DRIVE SHIPPENSBURG, PA 17257 Date: February 15, 2010 By/ Allan C. ith,' sq. Attorney I.D. No. 204756 p Harrison Ross Byck, Esq., P.C. -rri , Attorney I.D. 61511 -- "" 229 Plaza Blvd., Suite 112 co Morrisville, PA 19067 1-888-275-6399 H (215) 428-0666 -? = Attorney for Plaintiff CACV OF COLORADO, LLC CUMBERLAND COUNTY 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 COURT OF COMMON PLEAS Plaintiff, vs. LEANN HEAGY No. 2007 - 07422 87 RUSTIC DRIVE SHIPPENSBURG, PA 17257 Defendant MOTION FOR JUDGMENT ON THE PLEADINGS CACV OF COLORADO, LLC, Plaintiff in the above-captioned case, hereby moves the Court for Judgment on the Pleadings based upon deemed admissions of Defendant, and in support of such motion would show the Court as follows: 1. On or about August 22, 2008, Plaintiff served on Defendant a set of requests for admissions, interrogatories, and requests for production of documents. Exhibit A. Answers to requests for admissions, interrogatories and requests for production were due on or before September 22, 2008. 2. Defendant wholly failed to make timely responses or objections to Plaintiffs discovery. As of the date of this motion, Defendant has answered none of Plaintiff's requests for admissions, interrogatories and has produced none of the requested documents. 3. Subsequently, on or about December 19, 2008, 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 she hadn't responded or to ask for an extension. 4. On or about February 2, 2009, Plaintiff received a copy of Motion to Withdraw as Counsel for Defendant from Attorney Richard R. Gan, attached as Exhibit C. 5. On or about February 12, 2009, Plaintiff was notified via Order that Attorney Richard R. Gan was permitted to withdraw as counsel for Defendant, attached as Exhibit D. 6. As of this date, Defendant has not responded to any of Plaintiff's discovery. 7. Defendant has not objected to or sought a protective order pursuant to Pa.R.C.P. 4012 concerning Plaintiff s discovery. 8. Plaintiff is not in default of any discovery obligations. 9. 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. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court enter a Judgment on the Pleadings 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. S , it h, sq. Harrison Ross Byck, Esq., P.C. Attorney I.D. 204756 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff Date: February 15, 2010 Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. LEANN HEAGY 87 RUSTIC DRIVE SHIPPENSBURG, PA 17257 No. 2007 - 07422 Defendant MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS CACV OF COLORADO, LLC, Plaintiff in the above-captioned case hereby moves the Court for Judgment on the Pleadings based upon deemed admissions of Defendant, and in support of such motion would show the Court as follows: 1. HISTORY OF THE CASE On or about August 22, 2008, Plaintiff served on Defendant a set of requests for admissions, interrogatories, and requests for production of documents. Exhibit A. Answers to requests for admissions, interrogatories and requests for production were due on or before September 22, 2008. Defendant wholly failed to make timely responses or objections to Plaintiffs discovery. As of the date of this motion, Defendant has answered none of Plaintiffs requests for admissions, interrogatories and has produced none of the requested documents. Subsequently, on or about December 19, 2008, 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 that request or contacted Plaintiff to explain why she hadn't responded or to ask for an extension. On or about February 2, 2009, Plaintiff received a copy of Motion to Withdraw as Counsel for Defendant from Attorney Richard R. Gan, attached as Exhibit C. On or about February 12, 2009, Plaintiff was notified via Order that Attorney Richard R. Gan was permitted to withdraw as counsel for Defendant, attached as Exhibit D. As of this date, Defendant has not responded to any of Plaintiff's discovery. Defendant has not objected to or sought a protective order pursuant to Pa.R.C.P. 4012 concerning Plaintiff's discovery. Plaintiff is not in default of any discovery obligations. 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. II. QUESTION PRESENTED When a party fails to respond to discovery, may the Court enter an order for Judgment on the Pleadings? Suggested answer: Yes III. LEGAL ARGUMENT Pursuant to Rules 4005, 4006, 4009.1 and 4014 of the Rules of Civil Procedure, a party may request discovery from any party. Responses to same are due within thirty (30) days after service of same. 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 September 22, 2008, the party to whom the request is directed responds by verified answer or an objection. Defendant may have formally objected to the discovery or sought a protective order under Pa.R.C.P. 4012 but she did neither. Accordingly, all matters in Plaintiffs unanswered discovery and unobjected-to requests for admissions directed to Defendant should be deemed admitted. Pursuant to Rule 1034 of the Rules of Civil Procedure, Plaintiff is entitled to move for Judgment on the Pleadings after the relevant pleadings are closed, but within such time as to not delay the trial. In this case, there is now 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 above discovery admissions, no issue of fact could be established by further discovery or expert report. If Defendant fails to respond to the instant motion, the Court may treat this motion as uncontested by C.C.R.P. 208.3(a). An Order for Judgment on the Pleadings is consistent with the inherent power of the Court to control the judicial process and to enforce the rules of court and discovery. Furthermore, such an order promotes efficiency and avoids unnecessary additional motions and hearings, in that it both compels parties to conform to the Pennsylvania Rules of Civil Procedure, the rules of court, and sets the consequences of any failure to comply. IV. CONCLUSION Plaintiff requests an order for Judgment on the Pleadings. Plaintiff requests said judgment in the amount of $3,002.48, which includes court costs, prayed for in the Complaint sets the consequences of any failure to comply. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court enter a Judgment on the Pleadings on behalf of the Plaintiff, in the amount of $3,002.48, together with all such other and further relief, at law or in equity, as to which Plaintiff may be justly entitled. Respectfully sub d, Allan C. Smith, Esq. Harrison Ross Byck, Esq., P.C. Attorney I.D. 204756 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff Date: February 15, 2010 Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. LEANN HEAGY 87 RUSTIC DRIVE SHIPPENSBURG, PA 17257 No. 2007 - 07422 Defendant VERIFICATION I, Allan C. Smith, Esq., of the Law Office of Harrison Ross Byck, Esq., P.C., attorneys for Plaintiff, CACV OF COLORADO, 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 Judgment on the Pleadings 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: February 15, 2010 By-" Allan C. Smmith, sq. Attorney I.D. No. 204756 Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. LEANN HEAGY 87 RUSTIC DRIVE SHIPPENSBURG, PA 17257 No. 2007 - 07422 Defendant CERTIFICATE OF SERVICE I, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's Motion for Judgment on the Pleadings regarding the above-captioned matter upon defendant(s) LEANN HEAGY by United States mail, postage prepaid, on February 15, 2010 at his/her last address of: LEANN HEAGY 87 RUSTIC DRIVE SHIPPENSBURG, PA 17257 Date: February 15, 2010 n? By Allan . S h, Esq. Attorney I.D. No. 204756 EXHIBIT A I lie Law Office of Harrison Ross Byck, f?Scl., 1).C. __'> I'I;va 13uulr\artl. tiuilr I I' \lurrisv illy. I':A 1')(),7 I ucal: (' 15) i'8 Obeh 1 AV (' I - i) -428-0740 Ioil Free: (388)275-0 ,00 Ilarrisun Ross 11) ;k, Iay. \lcmhcr: 1' \ mid \.I titatc liar t 1I l ,?unul 111;ut (..timith. Fsy. \icmhcr P \ .111.1 \l "1.11c Itar lusrph \. Diuriu. Esq. \Icmhcr \ I Slaw liar 1 canard Smiguedulrr. E.q. Monhcr I' \ state Ilar August 22, 2008 RICHARD GAN, ESQ. GAN LAW GROUP 64 SOUTH PITT STREET CARLISLE, PA 17013 RE: CLAIM OF CACV OF COLORADO, LLC, ASSIGNEE FOR COLLECTION OF: Your Client: Court Filed: County Filed: Docket No.: Balance: Our Client: Our Account No.: Original Creditor: Original Account Number: Dear RICHARD GAN, ESQ., LEANN HEAGY COURT OF COMMON PLEAS CUMBERLAND 07 - 07422 $ 3580.42 CACV OF COLORADO, LLC CACV-12944051041100946 CHASE MANHATTAN BANK 5183384450037532 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 LEANN HEAGY. If \'ou ha\-e any questions or problems, please du nut hesitate to roll me at the at?ove number. Sincerely, .? 4Z A11,111 C. tiniith, Iacl. t t : lilt' I larrison Russ 13\ ck, ;ael.. 1'.C. \tturnc\ 1.1).6151 I 229 Pla/a 11MI.. Suite I I' ?lurris?ille. PA 19067 1-888-275-6319910 (2 15) 428-0666 \ttornev lilt Plaintiff C ACV OF COLORADO, LLC ) COI IR I' OF C'0 IN/11 N1ON 1)1,FA S CUIVIBERLAND COUNTY Plaintiff, ) NO: 07 - 07422 N S. LEANN If EAGY Defendant(s) PLAINTIFF'S FIRST SET OF INTERROGATORIES Directed to: LEANN HEAGY, Detendant, by and through Defendant's attorney of record, RICHARD GAN, ESQ., GAN LAW GROUP, 64 SOUTH PITT STREET, CARLISLE, PA 17013 I'Lu-tiuant to Rules 4005 and 4006 ofthe 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 deadliness stated below. Instructions Regarding Interrogatories Pursuant to Rule 4006 ufthe Pennsylvania Rules of Civil Procedure, you are to answer the attached interrogatories separately. Fully, in writing, and under oath. You should dcliocr a U-ue copy ofyour anskoers to the undersigned attorney %kithin thirty clays alter the date: olservice of these interrogatories. 'Yo the extent that may he rquired by the applicable rules ol'procedure and evidence you are hereby notified that Plaintiff intends to use any and all ans%%ers to the attached interrogatories as eVidence at trial or any other hearing in this case. Please note that it'atter you submit your responses to these interrogatories, yuu learn that any such response \\as either incomplete when made, or. although complete and correct \\ lien made. is no longer complete and correct. vuu must amend or supplement your response reasonahk promptly alter you discover the necessity I*Or such an amendment or sE?pplementation. Any amended or supplemental response made less than thirty days hetore trial kill he presumed not to have been made rcasunably promptly. A Iailurc to make, amend, or supplement a response in a timely manner may result in your not heing ahle to introduce into evidence the material or intimnation not timely disclosed. .i C'. Smith, Fsy. Attorney for Plaintiff State Bar Nu.: 204756 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 (888) 275-6399H (215) 428-0666 Dated: August 22, 2008 DEFINITIONS :\. "Issuer" refers to CHASE MANII:vTTAN BANK B. ":\ccount" or "the recount" refers to recount Number 5183384450037532 with CHASE MANHATTAN BANK h%hich was changed after the account \%as charged off to.\CCOUnt Number nial. C'. "Card" or "the Caret" refers to the MASTERCARD card that was issued on the :\CCOUnt. 1). "Defendant," "you," "your," or "yours" retcrs to LEANN HEAGV. t:. "Plaintiff' refers to CACV OF COLORADO, LLC and encompasses any person, employee, or other entity authorized to act on Plaintiff's behalf. :. "Identify", as used herein with regard to a person, shall mean to provide the 1`61lowing: ( I ) 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; (G) ifthe 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. (?. "Identity", 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 nlediunl 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 lyith wlloill you may claim till.' right ell pint defense privileges or special relationships, by «honlcyer generated or received, including Without limitation: writings, printings; dra%%ings: graphs. charts, notes; typewriting; photographs, slides; motion pictures; idcotapes or cassettes, phonograph records; tape or other mechanical recordings: ledgers: hooks; statCnlCnts Ofaccounts: journals; notices; letters; catalogs; cancCICd checks: hank statements: invoices; hills, diaries: purchase orders; memoranda of telephone ConinlLill ications: telegrams; telexes or " VWX's": tCICCOpiC5; drafts or preliminary \ crsions of the firregoing; Conlllunlications to or Irons any governmental or lim enl()rCCnlCnt suhdiyision. officer, or agency: and any other instrument. \kriting. rCCOrding. or data compilation ofany nature \01atsoever, including any carbon. photographic. microf-lnl or other type OfCOp? of'such items, e\hcthcr or not such cope is different l'rom the original by reason of any markings, additions, collllllclllaries, rcyisiuns, deletions, or substitutions. L "('umIllLill Shall include, but is not limited to, any oral communications. correspondence, memoranda. reports. records and/or recordings of telephone calls and reports of'rllectings. .I, "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. K. "Credit bureau" means any person \%ho, for compensation, gathers, records, and dissellllnates infornwtion relative to the creditworthiness, financial responsibility, paying habits, and other similar intiormation regarding any person, for the purpose of furnishing consumer reports to third parties. " Chargeoffdate" means OCTOBER 31, 2004. 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), IMcndant has possession, custody or control. IVTFRROGATOR11ES Interrogatory No. I : Identify Lill persons who participated in the preparation ofthe answers to these interrogatories. Interrogatory No. 22- I t you contend or believe that venue of this action is not proper in the county in which this suit was tiled state the tactual basis ofany such contention or belief. Interrogatory No. 3: If Defendant denies having received the Card identity any persons whom Defendant believes may have received the Card. Interrogatory No. 4: ll* Defendant denies having used the Card identity 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. is II' IMendant denies having acccpted each advance on the Card, identity each advance or charge on the Card that Defendant disputes. Interrogatory No. 6: If Defendant has refu.:cd to admit that, until at Fast the chargeoffdate, Issuer scant to Detendant on a monthly basis a statement of charges and balance Lille Oil tile ,\CC()Illlt. state the tactual basis of any such reti?sal to admit. Interrogatory No. 7: State the balance that Defendant believes to have been Lille Oil the Account as of OCTOBER 31, 2004 and explain how such balance was Calculated. Interrogatory No. 8: State the date and amount of each payment that Defendant has made on the AcCOUnt since OCTOBER 31, 2004. Interrogatory No. 9: State the taels on which you base any relusal to admit Plaintiff is presently the owner of the account. Interrogatory No. 10: StMe the Iacts on Nkhich you base any rclusal to admit Defendant is indebted to Plaintiff liar the amounts asserted in Plaintitl"s Original Complaint in this ease. Interrogatory No. 11: li'lM ndant contends or believes that the debt that is the subject ofthis suit is the ohligation ofanv person or entity ether than Defendant, identity such other persons or entities and state the tacts on x%llicli that contention or belief is based. Interrogatory No. 12: State the facts on which you base any retusal to admit Defendant is not entitled to any setoff liar sums unconnected with payments that have been made by or on behalfof Defendant. Interrogatory No. 13: Identity 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 belore 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 concerning the subject matter of this litigation. Interrogator, No. I is IdentifN all persons whose mental impressions or opinions ha\e been rc\ ic\kcd by any person \chom you may call as an expert «itness at trial. Interrogatory No. 16: II'you are disputing only a portion ut'the Account please identity which portions ofthe Account are disputed and which are not and state the reasons liar any such disputes. Interrogatory No. 17: With regard to each charge comprising the Account which you contend or believe to he unreasonable, state the facts on which you base any refusal to admit each ofthe charges comprising the Account was reasonable. I larrison Ruffs 13Nck. Fsq.. P.U. \Itorncv L.D. 61 i I I 221) Plaua 131X d.. Suile 1 12 Morrisville. PA 19067 1-888-275-61990 (2 15) 428-0666 Vtornev for Plaintiff C ACV OF COLORADO, LLC ) C'O[)R'f OI' ('O?9MON PI.EAS CUMBERLAND (Y)1 INfY Plaintiff, ) vs. N0: 07 - 07422 LEANN HEADY Defendant(s) PLAINTIFF'S FIRST RE )UFSTS FOR ADMISSIONS Directed to: LEANN HEADY, Defendant, by and through Defendant's attorney of record. RICHARD GAN, ESQ., CAN LAW CROUP, 64 SOUTH PITT STREET, CARLISLE, PA 17013 Pursuant to Rules 4014 of the Pennsylvania Rules of('ivil Procedure, you are to answer and respond to the attached Requests fur Admissions ("RFAs") separately, fully, and in N%riting. You should deliver a true copy of'your answers and responses to the undersigned attorney by the deadlines stated below. Instructions Ret<ardinji Re( uests for Admissions Pursuant to Rulc 4014 ofthe Pennsylvania Rules of('ivil Procedure, you are requested to admit the truth of each of the matters stated bcluw. You are to respond to each ofthe fi?Ilo%%ing requests in m-iting hand under oath) m thin loo-live days after service, by delivering or causing to he delivered to the undersigned attorney a statement admitting or denying specifically, in good fault. each mutter of c\hich an admission is requested, or stating in detail the reason(s) you cannot truthllilly admit or denv the matter. Please note that if alter N"ou submit your responses to these requCSts tier admissions. you learn that any such response %%as either "'Complete when made. or. although complete and correct %% lien made. is no longer complete and correct. N ou must amend or supplement \our response reasonably promptly alter you discover the necessity tier such an amCnLhnent or supplementation. Plaintiff \\"ill object at trial or any hearing to % our usC or attempted use ofany evidence that is inconsistent x%ith (natters that "ou have admitted or that you have tailed to deny on a timely basis. A an C. Smith, Esq. Attorney for Plaintiff State Bar No.: 204756 229 Plaza Blvd., Suite 1 12 Morrisville, PA 19067 (888) 275-6399H (215) 428-0666 Dated: August 22, 2008 DEFINrrIONS A. "Issuer- refers to CVASE iN tANI I ATTAN It.kNK 13. -Account- or "the recount refers to recount Number 5183384.151)037532 with C11ASE MANHATTAN BANK (which was changed after the account was charged off to recount Number n/aI. C. '"Card- or "the ('ard" refers to the :NIAs,rERCARD card that was issued on the recount. l). "Defendant," "you," "your, or "yours' refers to LEANN HEADY. I?'. "Plaintiff" reters to CACV OF COLORADO, LLC and encompasses any person, employee, or other entity authorized to act on Plaintiff's behalf. I:. "Identify", as used herein with regard to a person, shall mean to provide the following: (1) the person's roll 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. (i. "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. If. 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 \01omcvcr 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: hooks: statements ofaccounts; journals: notices: letters: catalogs: canceled checks: hank statements; invoices; hills; diaries: purchase orders: memoranda of telephone communications: telegrams: telexes or 11,1 X's telecopies; drafts or preliminary \crsions ofthe foregoing: conununications to or from any governmental or law cn16rcenicnt subdivision, okker, or agency: and ally other instrument, writing. rccordino. or data compilation ofany nature whatsoever, irtcludinL any carhop, photographic. n?icrohlin or other type ofcopy ol'such items. whether or not such copy is different from the on inal by reason of an\ markings. additions, commentaries. rc\ isiuns. deletions, or substitutions. I. "C'ommunication" shall include, but is not limited to, any oral communications. correspondence. memoranda, reports, records and/or recordings of telcphone calls and reports of meetings. .I. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. K. -Credit bureau" means any person who, I'or compensation, gathers, records, and disseminates intOrmation relative to the creditworthiness, financial responsibility, paying habits, and other similar information regarding any person, tier the purpose of li?rnishing consumer reports to third parties. C'hargeoff date" means OCTOBER 31, 2004. 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. I : You are a resident of the count}' in %%hich this suit \\as filed. RF.A No. ?: You signed the origir:al application tier the Card in the county in which this suit was filed. RFA No. >: You used the Card to make purchases or obtain extensions of credit in the county in which this suit was tiled. RFA No. 4: lelendant applied to Issuer for issuance ofthe Card. RFA No. is I'he Card \Nas issued to Defendant. RI A No. (,. I M'CII(Iant rccei\ ed the ('a rd. RFA No. 7. De(cndant arrrpted the Cara. RFA No. K. Defendant signed the back of the Card. RFA No. 9. Delcndant used the Card to make purchases. RFA No. 10. Delendant used the Card to obtain extensions of credit. RFA No. 11: Issuer made rash advances to Delcndant. either as actual cash or in payment for purchases Defendant made from third parties by using the Card. RFA No. 1': I)elendant accepted each such advance on tile kCCOUnt. RhA No. 13: fly 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: I )ntil at least the chargeoff date, Issuer sent to Defendant on a monthly basis a statement of charges and balance due on the Account. RFA Nip. 1 is 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: I Mendant has laird to repay all of the advanccs made by Issuer on the .account. RFA No. 17: I he balance due, m%ing. and unpaid on the Account. alter allowing all just and lawti?I payments, credits and Offsets. \\a, ?S 1,809.93 as of (K' roBER 31, 2004. RFA No. 18: I)elendant has made no payments on the Account since MAY 7, 2004. R FA No. 19: At least 11orty-five days prior to the date on which you were served with the Original Complaint in this case you received a letter Isom Plaintiff's attorneys requesting payment of the Account. RFA No. 20: On NOVEMBER 8, 2014, the Account was sold to Plaintiff. R FA No. ? 1: ()n NOVEMBER 8, 2004, the Account «as assigned to Plaintiff. RFA No. Plainti IT is hresentlN the o\\ ncr of the :account. RFA No. ?3: Defendant is indebted to Plaintiff fir the amounts asserted in Plaintiff's Original Complaint in this case. RFA No. ?4: Defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of Defendant. RFA No. ?5: :ach of the charges comprising the Account was reasonable. I larrison !toss 13vck. Fsq.. P.C. Wornev I.D. 61511 ,?9 PIciza 131vd.. Suite I I? Morrisville. PA 19067 1-888-275-63399/l/ (215) 428-0666 Vtornev tier Plaintiff C,,kCV OF COLORADO, LLC > } Plaintiff: } } vs. ) LEANN HEADY Defendant(s). C CURT OF COMMON PI,FAS CUMBERLAND C'OCjNTY NO: 07-07422 PLAINTIFF'S FIRST REQUESTS FOR PRODUCTION Directed to: LEANN HEAC;Y, Defendant, by and through Defendant's attorney of record, RICHARD GAN, ESQ., GAN LAW GROUP, 64 SOUTH PITT STREET, CARLISLE, PA 17013 Pursuant to Rule 4009 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 As to each Rcquest tier Production set forth below, the requested items are to he produced and delivered to the undersigned attorney at the Law Office of Ilarrison Ross liyck, Esq., I'.C., 229 Plaza Blvd., Suite 112, 1-lorrisville, PA 19067, for inspecting. copying or photographing pursuant to Rule 4009 ofthe Pennsylvania Rules of('ivil Procedure. These requests apply to Al described documents and tangible things over ?%hich I)clendant has possession. custody, or control. and production is to he made within thirty davs after the date ofservice ofthese requests. ;\I1 original documents produced and identified as such shall he returned to Defendant within thirty days lolluwing receipt thereof. In connection \%ith these requests you are instructed that the phrase "possession, custody or control' has the meaning set 16rth in the Detinitions section helow. Privileged Documents: If you withhold any documents hased upon a claim of pricilc`--c you arc to provide a log ol'such doctmicnls. Iistin" them h\ date. title (or description if untitle(f). author. and the specilic privilege asserted. Lost, Discarded or Destroyed Documents: Ifany document requested herein has been lest. discarded, or destroNcd, please identit' such doclltllent by providing the liillom ing intOrmmtion in vour response: I . Description of document. _'. Date of disposal or loss. Manner of loss. 4. Reason tier disposal or explanation of loss. 5. Person authorizing disposal. 6. Persons having knowledge of disposal or loss. 7. Person disposing ofdocument. 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. A . Z4 AIan C. Smith, E§q Attorney for Plaintiff State Bar No.: 204756 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 (888) 275-6399// (215) 428-0666 Dated: August 22, 2008 DEFINrrIONS .V **Issuer** rcf:rs to CIIASE MANIIATTAN BANK B. ":\ccollnt" or "the Account" refers to .-lcrount Number 5183384450037532 kyith CHASE MANIIA'rTAN BANK 1which %%as changed after the account was charged off to ACCOUnt Number n/al. ('. "Card- or "the Curd" refers to the MASTERCARD card that was issued on the ;\ccount. 1). -Defendant," "you," "your," or "yours" refers to LEANN HEACY. J.'. "Plaintiff" refers to CACV OF COLORADO, 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 hallowing: ( I ) 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) ifthe 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. 6. "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 suhiect to the possession, custody or control of Defendant or Defendant's attorneys, agents, employees, trustees, representatives, professional accountants, and any attorneys kith Nyhom you may claim the right of joint defense privileges or special relationships, by k% home,, er generated or received, including N%ithout limitation: writings: printings, drawings; graphs; charts; notes; typewriting; photographs; slides; motion pictures; videotapes or cassettes; phonograph records; tape or other mechanical recordings. ledgers; hooks. statements ofaccounts: journals; notices; letters, catalogs; canceled checks: hank statements; invoices; hills; diaries; purchase orders; memoranda of telephone colllIIItill lci.tions, telegrams: telexes or " l WIC's telecopies; drafts or preliminary \crsions ufthe ti?regoing- communications to or from any governmental or la\% cnliorccnlent suhdivision. officer, or agency: and any other instrument, \\ riling. recording. or data compilation ofan} nature ?%hatsocycr. including any carbon. photographic. microfilm or other type ofcopy of'such items. \0cther or not such copy is diftcrent from the original by reason ofany markings, additions, commentaries, revisions, deletions, or substitutions. 1. "C'onimunication" shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/or recordings of telephone calls and reports of meetings. I. "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, tier the purpose of burnishing consumer reports to third parties. L. " Chargeoff date" means OCTOBER 31, 2004. 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 Detcndant 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 PRom,cTION OF DOCUMEN-rs AND -11H1NGS IZFl) No. I: If Defendant denies having received the Card please produce all correspondence hemeen Issuer and Defendant. IZ1 1' No. ?: If Delendant denies having received the Card please produce Defendant's checking account records for the period from MARCH 1, 2002 through OCTOBER 31, 2004. IZ P No. 3: Please produce all billing statements from Issuer to Defendant. RI`P No. 4: Please produce true copies all correspondence Isom Defendant to Issuer disputing any hilling statement on the Account, together with proof ofsending and receipt ofsuch correspondence. MA) No. is IIA Defendant relhses to admit that Defendant has tailed to repay all ofthe advances nuide I,\ Issuer on the recount. produce true copies of all paN menu made on the ACC01111t. RIAP No. 0: II'Defendant refuses to admit that Defendant has made no payments on the :kccounl since MAV 7, 2001, produce true copies ofall documents on kkhich you hasc your refusal to admit. RFP No. 7: If Defendant refuses to admit that Defendant is indebted to Plaintiff Im the amounts asserted in Plaintiff's Original Complaint in this case, produce true copies ()fall documents on which you base your refusal to admit. RFP No. 8: If Defendant contends or believes that the debt that is the subiect 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 hehaIfof Defendant, produce true copies of all documents on which you hasc any assertion ofa setoff. R FP No. 10: With regard to each expert identified in response to Interrogatory No. 13 please produce: a. the expert's resume or curriculum vitae; h. Lill non-privileged notes pertaining to the expert's opinions in this action; C. any reports prepared by such expert; d. Lill documents and materials reviewed or relied upon by such expert in preparing the report; and C. Lill 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 e. Lill correspondence between you or your attorneys and each such expert. RI=P No. 12: 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 hctween Issuer and Delcndant. RIAP No. 14: Please produce all statements of Plaintiff or any of its attorneys. RIAP No. 15: Please produce all witness statements pertaining to this litigation. RFP No. 16: I f 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 ora setoff. I larrison Ross B\ A. laq.. P.C. Attornev I.D. 6151 1 121) 1)1aia 131vd.. Suite I I ? Morrim ille. PA 19067 1-888-275-6 i99)!; ( 21 ) 428-0666 Attorney for Plaintiff CACV OF COLORADO, LLC ) COOR TOF COIN1NlON PI.I:AS CI JM131:RLAND 0O11N VY Plaintiff. ) NO: 07 -117422 vs. ) IXANN HEAGY Defendant(s). ) 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) LEANN HEAGY by United States mail, postage prepaid, on August 22, 2008 at his/her attorneys address of: RICIIARD GAN, ESQ. GAN LAW GROUP 64 SOUTII PITT STREET CARLISLE, PA 17013 Date: august 22, 2008 Atl:ui C'. Smith e,q- AttorneN' I.D. No. 204756 Tilt' Law 011-1ce ot'Harrison Ross Byck, I scl., I'.C ?? Pl.tra 13tutle\arJ, tiuitc I I %Iorri,v i Ilc. PA 19007 I.ucal: 151 428-I1006 Fiix: (' I i) 328-(1'40 Doll Five: (888) _175-h309 11;11•1-isun Russ B? ck, Esq. %lenihcr: PA and NJ State liar 111 l .aul,cl \11:111 ( . Smith. F.sq. \knihcr I' \ ind `1 ?1;16: Bar RICHARD GAN, ESQ. GAN LAW GROUP 64 SOUTH PITT STREET CARLISLE, PA 17013 .Iuscph A. Dinrin. Ecq. \Icmhcr V7 Stale Har eunard \. sungitedulee. Esq. \Icmher P.\ Slatc Bar December 19, 2008 RE: CLAIM OF CACV OF COLORADO, LLC, ASSIGNEE FOR COLLECTION OF: Your Client: Court Filed: County Filed: Docket No.: Balance: Our Client: Our Account No.: Original Creditor: Original Account Number Dear RICK{ARD GAN, ESQ., LEANN HEAGY COURT OF COMMON PLEAS CUMBERLAND 07 - 07422 $ 3580.42 CACV OF COLORADO, LLC CACV-12944051041100946 CHASE MANHATTAN BANK 5183384450037532 On August 22, 2008, 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 any response to those discovery requests. Please resr>ond to these requests within ten (10) days of the date of this letter. If 1 do not hear from you, 1 will he required to file a Motion to Compel or Motion for Summary judgment in relation to the discovery requtcsts. I'hank you in advance for vour anticipated prompt attention to this matter. If you have any questions, prt?blerns ()r \\•ould like to disi uss a settlement av,reeatile to both our Clients, please t.io not hesitate to (Al MOM the abtlve number. Sincerely, \11.11, C. Smith, Esq. <<: till EXHIBIT B EXHIBIT C COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CACV of Colorado, LLC, Plaintiff V LEANN HEAGY, Defendant File: 07-07422 CIVIL ACTION-LAW JURY TRIAL DEMANDED MOTION TO WITHDRAW AS COUNSEL And now this 30TH day of JANUARY 2009, Richard R. Gan states as follows: 1. That I am currently attorney of record for Leann Heagy in the above matter. 2. That this matter was negotiated to a very reasonable settlement with Plaintiff 3. That this offer of resolution was conveyed to Ms Heagy by phone, written t letters and personal documentation dropped off at her home over a period of five months 4. That this contact included phone calls to her place of employment, her home and her cell phone. 5. That Ms Heagy refuses to answer phone calls, respond to letters or take advice of thiq lmv time. 6. That as a result, Ms Heagy neither agrees with nor has followed the recommendations of this law firm. 7. That for all of the above reasons, I can no longer represent Ms Heagy. WHEREFORE, Counsel for Plaintiff respectfully requests this Honorable Court grant this motion to withdraw. Respectfully Submitted, GAN LAW GROUP Richard R. Gan 64 South Pitt Street Carlisle Pa 17013 717-241-4300 717-243-5175 ID 68721 U Dated EXHIBIT D CACV of Colorado, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 07-07422 LEANN HEAGY, Defendant ORDER ??r 2009, after reading the AND NOW, this / OZ day of attached motion to withdraw and the court being otherwise fully advised in the premises, IT IS ORDERED THAT Attorney Richard R. Gan is permitted to withdraw as counsel for Defendant in the above stated matter. BY E CO RT: Dated: T Aa 2009 TRUS COPY FROM RECOR€, TQsf mony whereof, l here unto aet my hares .d the seal of said Court at C4& A, PL Prothawtar?r !)"' 11inenl d !SIS3' f CAIAC PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Argument Court.) CAPTION OF CASE (entire caption must be stated in full) CACV OF COLORADO, .LLC vs. LEANN HEAGY n (List the within matter for then ext ca -------- ----- ----------- ------- 00 = cz No. 07422 2007 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): MOTION FOR JUDGMENT ON THE 'PLEADINGS 2. Identify all counsel who will argue cases: (a) for plaintiffs: ALLAN C. SMITH, ESQ. (Name and Address) 229 PLAZA 'BLVD, STE 112, MORRISVILLE, PA 19067 (b) for defendants: LEANN HEAGY (Name and Address) 87 RUSTIC DRIVE, SHIPPENS'BURG, PA 17257 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: 31st day of March, 2010 ftUUL -iIV l.. 0kil'1'ti , C;SU. Print your name T?4or.l- i rF' Date: Attorney for INSTRUCTIONS: 1. 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 12 days prior to argument. 3. The responding party shall file their brief 5 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. Harrison Ross Byck, Esq., P.C. 229 Plaza Boulevard, Suite 112 Morrisville, PA 19067 1-888-275-6399 F1LE[,C}FICE ()F T !E PRr,?l_ ? ,?r }r?tY 2010 APR 22 PM 2*- 02 Attorney for Plaintiff } CACV OF COLORADO, LLC } COURT OF COMMON PLEAS } CUMBERLAND COUNTY } Plaintiff, } } } DOCKET NO. 2007 - 07422 vs. } } LEANN HEAGY } } STIPULATION IN LIEU } OF JUDGMENT Defendant(s). } } The matter and things in controversy having been discussed by and between the parties, and a resolution having been agreed upon: It is hereby STIPULATED: Defendant(s) LEANN HEAGY agrees to pay the sum of $ 2000.00, which sum Plaintiff agrees to accept in full resolution of its claim herein, inclusive of interest, counsel fees and costs. The sum shall be paid by Defendant(s) to the attorney for the Plaintiff in the following manner: $ 500.00 initial payment, due no later than April 3, 2010, followed by monthly payments of $ 500.00 due no later than May 1, 2010; May 29,2010; and June 26, 2010. In any case, monthly payments agreed upon by the parties will be continued until the sum of $ 2000.00 is paid in full. 3. In the event of default, Plaintiff shall be entitled to obtain a judgment in the sum of $ 3002.48, inclusive of interest, counsel fees and costs, upon ex parte application, but giving Defendant(s) credit for any sums actually paid pursuant the terms of this Stipulation. Plaintiff's attorney will first contact Defendant or Defendant's attorney by writing to allow the defendant reasonable time to cure any default. We hereby consent to the form and entry of the within Stipulation. For the Plaintiff: For the Defendant(s): /Allan 9.S m i sq. LEANN HEADY i l DATED: March 22, 2010 Harrison Ross Byck, Esq. Attorney I.D. No. 61511 229 Plaza Boulevard - Suite 112 Morrisville, Pennsylvania 19067 1-888-275-6399 / (215) 428-0666 FI T ,- 2010 AUG 13 AM 11:01 Attomg for Plaintiff i COURT OF COMMON PIMAS CACV OF COLORADO, LLC. CUMBERLAND COUNTY 4340 S. MONACO STREET 2ND FLOOR DENVER, CO 80237 Plaintiff, NO: 2007- 07422 VS. LEANN HEAGY JR 87 RUSTIC DRIVE SHIPPENSBURG, PA 17257 Defendant(s). ORDER TO SETTLE, DISCONTINUE & END TO THE CLERK OF CUMBERLAND COUNTY: Kindly mark the above captioned matter as Settled, Discontinued and Ended. Date: July 27, 2010 BT