HomeMy WebLinkAbout08-3266
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CACH, LLC
DS - 3a.(o(o 0-w; I-Tee
NO:
VS
TRACY ADAMS
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
WIRING 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
41' 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
CACH, LLC
4340 S. Monaco Street- 2nd Floor:
DENVER, CO 80237
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
Vs.
No.: a 1''- 32 L !o C-? Z-
TRACY ADAMS
36 S. SPRING GARDEN STREET
CARLISLE, PA 17013
Defendant(s).
COMPLAINT
To: TRACY ADAMS
36 S. SPRING GARDEN STREET
CARLISLE, PA 17013
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 without 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
4th 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 provisions 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, CACH, LLC, by its attorney Harrison Ross Byck, by way of complaint
against defendant(s) TRACY ADAMS, avers the following:
1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340
S. Monaco Street- 2nd Floor; Denver, Colorado 80237.
2. Defendant, TRACY ADAMS, is an individuals residing at 36 S. SPRING GARDEN
STREET; CARLISLE, PA 17013.
3. Defendant, TRACY ADAMS, is indebted to BANK OF AMERICA, N.A. on an
account stated by and between them in the amount of $7,553.61 which balance was
due and unpaid as of July 26, 2005 for credit card account number 4888 9369 9974
6724. <Exhibit A>
4. On or about May 1, 2007, Bank Of America, N.A. sold the debt for good and valuable
consideration to plaintiff, CACH, LLC. <Exhibit B>
Defendant (s) TRACY ADAMS last tendered a payment on this account on or about
DECEMBER 19, 2004 for $30.00.
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 $5.28 per day from the
default date (27.99% annual percentage rate x $7,553.61/ 365 days) or $5.28 x 332
days = $1,918.01, 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 $1,506.72.
<Exhibit A>
9. The defendant, being indebted to the plaintiff in the sum or $11,136.84 upon the
account stated by and between them did promise to pay said sums upon demand.
Demand has been made for payment of $11,136.84 and the defendant has failed to
remit payment.
WHEREFORE, plaintiff demands judgment against the defendant for $11,136.84 together with
other interest, costs of suit, and an award of reasonable attorney's fees.
Date: APRIL 16, 2008
EXHIBIT A
I TRACY ADAMS Q 00 ( "Q -,2-kA9 `-TLAiC0-A 2L4
Account Number: 4888 $0310903 6194
Your Bank of America Visa® Account
t3-w&o0 Past Due Amount ;744.18
Total Credit Line $0.0D Available Credit $0.00
Cash Limit $0.00 Available Cash $0.00
Ovedirrift Amount $74-00 SON Date 07r2M
Minimum Payment Due $3574.00 Payrr»nt Due Date 0tf!10ro5
24-Hour Customer Service 1.800.732.9194 Pay ortanal vnaa
For Lost or Stolen Cards 1.800.848.6090 www.bankogonwica.com
Transactions View recent tr¦mootioas and pay yar will online at www.benk0hmedoa.0m-
POST.
DATE TRANS. REF.
DATE NO. D£BCRIFnON AMOUNT
OR-CREDIT
Jul 21 Jul 21 LATE PAYMENT FEE M.00
Jul 28 Jul 2e PURCHASE FIN CHG CREDR CR $284.43
Jul 28 Jul 26 CASH FINANCE CHG CREDIT CR 515.81
Jul 26 Jul 28 LATE FEE CREDIT CR 5273.00
Jut 28 Jui 25 PURCHASE FIN CHG CREDIT CR S74,62
Jul 28 Jul 28 OVERLIMIT FEE CREDIT CR 5210.00
Jul 26 Jul 26 PURCHASE FIN CHO CREDIT CR $1229
Jul 28 Jul 28 PURCHASE FIN CHO CREDIT CR $0.07
Jul 26
Z-1-20
Jul 28 Jul 28
J.1 28
Jul 26 PURCHASE FN CHG CREDIT
SYSTEM GENERATED CREDIT
PURCHASE FiN CHG CREDIT CR $6256
CR 5108.18
CR $10.08
Jul 28 Jul 28 PERIODIC FINANCE CHARGE 510923
Account Summary
Previous Balance $4,463.10
Purchases + $0.00
Cash Advances + $0-00
Other Debits + $39.00
Credits - $1,031.33
FINANCE CHARGE + ;103.23
Payments _ $0.00
New Balance = $3,574.00
Past Due Anrount 7 $744.16
Bank ofAmmlea 4W
aankof America -W
C attomerCorner
in accordance with your Cardholder
Agreement, Your account wiA
remain in Penally Rate Pricing,
since we did not receive your
minimum payment an time. We
took forward to retumtng pour
account to its Standard Contract
Rotes upon receiving six
corarecut[ve months of on-time
peymenta without going ovedimft.
0003000 0357400 0357400 4888603109036194
P ment Co
BANK OF AMERICA Account Number 4888 6031 0003 6194
Po sox 1758 Pronenk Due Date 06V20M/M
NEWARK N] 07101-1758 Total Minimum Payment Due $3,574,00
1111111 loll llb11111ur?RnrLirldulrJJrirrb6?'ii Now Balance: $3.574.00
IMPORTANT INFORMATION ABOUT YOUR ACCOUNT
FINANCE CHARGE
Aaaraaf P«ae tW Oft (AU
Refer to the Rnance Charge Summary section of your statement for Your currant
rates. A V next to a periodic Rate means the rate may wry.
If your statement has a Cash Advehhce Fee, the Annual Percentage Rate will look
?? 22because we annualize die --tth period. We a tl?to meet feral disclo u uhnw".
Grace Part/ on New Porch se" (at MA wille s)
You cap avow Finance Charges on new Purchases Oat Posted on this statement i<
your Previous Balance is zero (or a twill balance) and wa mall full payment of
the New Balance by the Payment Due Date. It so, You have from the data you
made your purchase until the payment Due oft on the front to avoid any finance
change on Mat pard4»e, If Your Previous Balance k greater than zero, !bare is
no an period to pay the New Balance and avoid additional finance charges.
Thera is no grace period for Cash Advances and Balance Transfere.
Parladia Finance Clsarsa Cmklbftm Mettod - Averase OaYY MMaea
(Iartadlos New Traasadier)
For each day in the Bing cycle, we take your beginning balance, add any new
transactions or other debits (Including other fees and charger) and subtrad any
Wroapis or other credits. This gives us that day's Daly Seism. Nit multiply
this Dairy Balance by the Daily P trfodle Rate to get your Periodic Finance Charge
for that day. We add one Periodic Finance Charges to your Daly Balance to gat
the beginning balance for the red day.
To get your total Periodic Finance charge for this BBlg Cycle, we add all of the
Daft Periodic Finance Charges and round the sum to the next highest ant. This
amount is also equal to the Average Dally Balance multiplbd by the fNly Periodic
rate times the number of days in the Billing Circle rounded to the next highest
cent. To determine an Average Oat/ Balance, we add your DAy Balances and
divide by the number of days in the Billing Cycle.
We do this calculation separately for each feature such as Purchases, Cash
Advances, Balance Transfers or promotional Balances. Periodic Finance Charges
begin to accrue from the later of the transaction date or tha Statement Date of
the statement on wh1ch the transaction nPPaws.
Account Reaaral Imfwmwdm for Open A-soft
N your account has an Annual Fee and it is lolled on this Statement, we vA
reverse the fee Y you anod Your account and pay off any ehdrtn9 Balance wbin
30 days of receipt of this Statement otherwise, the Annual free Is non-refundable.
You may continue to use yow account during the 30-day period before you
cancel. To cancel, write us at the Billing Inquiries address or al us at the Phohhe
number on the from.
Your LlabKy
out records show that you are liable for any outstanding balance on this account
9 your name appears on the front of this stdament or you othervrise agreed.
Report a Loa or Sohn Card IrrnrmAlatalY
Cal the 24-hour tol free number 1.800.848.6090. Do not use your account attar
you retort a bst or stolen card.
Cardkaides secoft Pks- / Payeassit ProbeUom PNa
If you have questions about your enrabrow or aced to flit for bandits, pWW
all the applicable tog free number below (Monday-Friday, 7;00 a.m. -10;00 P.M.
central Th"y
Cardholder Security Plan-1.888.668.6938; Payment Protection Plan-
1.88 me.0056
sellss for Iabt.atlonal CIA"
Dial the AT&T Direct access code for the country you are In and dhl
ISM A01.3723. For a Mat of access codes vkk
and select Credit Cards. You may also al us collect at 1.757.677.4701.
service for haulas•Ingakw (TTY/TDO)
Conw our service for the hearing-kripalred at 1.B00.222.736S.
Pay on-lba nt or neaE roar pymnt to
BANK OF AMERICA, PO 9W 17as, NEWARK, K3 07101-17M
BIl IM BIGHTS SUMMARY
L cow of lnor w ISO" IgaM-
If you think your bill is wrong, Or I You need more information about a
transaction on your bill, you may write to us at PO Box 1390, Norfolk, VA
23501-3390, aA us at the Customer Servka number on the front of the billing
statement, Of notify, us on-line at . We must hear from
you no later than 60 days after we tent you the that bill on whkh Mae anon or
problem oaurrod.
Ira your leave She us the toMowi g Information;
Your name and account number
The dollar amount of the suspected error
Deaaibe the error and explain, I you an, whir you bells , there Is an error.
If you need more Ydormatom, demise the Rem you are unsure about.
You do not have to pay any amount in question wlhk we are hhrhe:dpatla9, but
you am still we investigate your gd uato pay the parts of your bill that are not in rtlona, we cannot report you as deluquent question. b
any
action to wAed the amount you question.
Spacial Rah for CredR Card Pere bases
It you have a problem with the quv%W of goods or sawices that you parchmed
with a credit card, and you have tried M good faith to correct the problem with
the merchant, you may not have to pay the remaining amount due on the goods
or sarvlees. You have this protectlon only when tiro Purchase price was more
than $50 and the purchase vw made In your home state or wMhin 100 miles of
your mal"address (l we own or operate the merchant, or 9 we mated you the
advertlawned for the property or service, at purchases are covered regardless of
the amount or location of purchase).
IMPORTANT CREDIT BUREAU REPORTING INFORMATION REQUIRED BY FEDERAL LAW TO BE
DISCLOSED TO YOU
WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE
PAYMENTS, MISSED PAYMENTS OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED
IN YOUR CREDIT REPORT.
For address changes, you may access your account NEW at at 1.800.732.9194 or write your
address changes below. Please Include your account number to ensure accurate Processing.
Address -
CRY State zip
home Phone Work Phone
E-mall Address
By providing us with your a-mal address, you agree that we may communicate with you by electronic mall.
Pronu/t Crodkiao of Payaheata
1Ne wM creditpayments mailed with the endoeed payment coupon and mcelved by us at elder the P.O. Bea on the front or the
P.O. Box above no later than croon es of the data we teceMe it. Ctsdithg of at other Paymerb may be delayed up to S days.
All Payments must be In the form of a dock or phoney order drawn In US. dollars on a financial Institution located In the US.
or the US. Pat Office or made by ehlectrorhlt funds transfers; however cash payments may be mode In person at our baokkug
centers only.
TRACY ADAMS Account Number. XXXX-XXXX-XXXX-#"4
Finance Charge Summary
ApR?? i Parkdk Rata salons (ADS) Parbdb Charge
Purchases 27.99096 0.07889%v 0 $3,515.40 Was P
Cash 27.990% 0.0768996v 0 $348.02 $6.01 P
Balance Transfer 27.900% 0.076mv D $623.09 $14.34 P
ANNUAL PERCENTAGE RATE 27.990% "Variable
Account Renewal information
As pert of the annual anntvereary of your credit card, We are happppyy to provide important information
below as wel as tense about Mw Grew Period, Balance Compidadon Method aWangtlons, Aawunt
Renewal information for open Accounts, and Corresponding APR, which can be found within and
on the back of this stalwart.
aahkmTvm Marain ifW Min APR M10.FG
Purchases 21.900% WSJ40 25.09096 $1.50
cash 21.990% WSJ40 25.990% None
BelanceTransfer 21.990% WSJ40 25.990% None
'WSJ40 - The index is the prime rate published in the Money Rates section of The WaN Street
Joumal on the tact day of the previous month.
Bank ofAwrica -4011-
Pita 3 of 4
Customer Corner
EXHIBIT B
CERTIFICATE OF PURCHASE
?nberly Stone , hereby depose and state that:
1. I am an Authorized Agent of CACH, LLC, a Colorado Limited
Liability Company.
2. As such, I am authorized to give this Certificate, and possess sufficient
personal knowledge to do so regarding:
Customer Name: TRACY ADAMS
Original Creditor: Bank Of America, N.A.
Account Number: 4888936999746724
3. On or about May 1, 2007 this account was sold by the original creditor.
CACH, LLC is the current owner of the account and purchased the
account for good and valuable consideration.
NOV 2 9 2001
Date:
Sworn Anit iu
me this
STEPHANIE d'VIORRIS
Not lic TSTATE NOTARY O PUBLIC
COLORADO
MY Commission Expires 05/22/20?
My Commission Expires:
PA 9.01.07
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AFFIDAVIT OF CLAIM
AND CERTIFICATION OF DEBT
STATE OF NORTH CAROLINA
CITY OF GREENSBORO
Bank of America, N.A.
Accountholder: Account No.: 4888936999746724
The undersignedlln[I? ?- ar 1 being duly sworn, states and deposes as follows:
1. That Affiant is employed by Bank of America, N.A. in the position of Bank Officer and is duly
authorized to make this affidavit.
2. That the statements made in this Affidavit are based on the computerized and hard copy books and
records of Bank of America, N.A. which are maintained in the ordinary course of business, with the
entries in them having been made at or near the time of the transaction recorded.
3. That account number 4888936999746724 was opened on 8/10/2004 by TRACY ADAMS.
4. That there is due and payable the sum of $7,553.61 not withstanding legally chargeable post charge-off
interest, pursuant to the terms of the card member agreement with Bank of America, N.A.
5. As a result of the sale of said account, on 4/17/2007, CACH, LLC and/or its authorized agent, has
complete authority to collect, settle, adjust, compromise and satisfy same that Bank of America, N.A.
had no further interest in this account for any purpose.
6. That to the best of Affrant's knowledge, information and belief, there were no uncredited payments,
just counterclaims or offsets against said debt when sold.
FURTHER AFFIANT SAYETH NOT.
DATED THIS 1 day of ?Je 2007
;ank OF AMERICA, N.A.
By:
ffi cer
?? f r'.?r
D?-_- -r
Subscribed and sworn to before me this 3 day of 2007
My commission expires: FEB 2 7 7017
BERNAD&TE13"POLUX otary Public B made a J. Polux
Notary Public
Guilford County, NC
VERIFICATION
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 an belief, an they
$7155361 to CACH, L C onre
that TRACY ADAMS owes the balance o
previously submitted invoices, which balance is due and unpaid as if the
date of the execution of this Verification.
I am aware that if any of the foregoing is willfully false, I am subject to
punishment.
I understand that false statements made herein are subject to the penalties
relating to unsworn falsification to authorities.
2 9 Z00?
Dated )40V
Authorized Representative
PA 9.01.07
To J ,
b
?y
C,
f.1
0
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-03266 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CACH LLC
VS
ADAMS TRACY
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
ADAMS TRACY the
DEFENDANT , at 0020:30 HOURS, on the 5th day of June 2008
at 36 S SPRING GARDEN STREET
CARLISLE, PA 17013 by handing to
TRACY ADAMS DEFENDANT
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 5.00
Affidavit .00
Surcharge 10.00
l .
AP) or 00
4~ ?- 33.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R . Thomas Kline
06/06/2008
HARRISON ROSS BYCK
By:
eputy Sheriff
A. D.
t
j
J/ 7
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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
CACH,LLC
4340 S. MONACO -- 2ND FLOOR
DENVER, CO 80237
Plaintiff,
F111 _!_D-4.i- ;CE
2010 FEB 22 i 1"i 11: 46
;1 i;v;Y
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
TRACY ADAMS
36 S. SPRING GARDEN ST.
CARLISLE, PA 17015
Defendant
No. 2008 - 03266
MOTION FOR JUDGMENT ON THE PLEADINGS
CACH, 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 June 25, 2009, 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 July
25, 2009.
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 Plaintiffs requests for
admissions, interrogatories and has produced none of the requested documents.
3. On or about September 3, 2009, Plaintiffs attorney made another 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. Subsequently, on or about October 9, 2009, Plaintiffs attorney made a written
request for full and complete answers, attached as Exhibit C, to all of Plaintiffs discovery.
Defendant failed to respond to such request or contacted Plaintiff to explain why she hadn't
responded or to ask for an extension.
5. As of this date, Defendant has not responded to any of Plaintiffs discovery".
6. Defendant has not objected to or sought a protective order pursuant to Pa.R.C.P.
4012 concerning Plaintiff s discovery.
7. Plaintiff is not in default of any discovery obligations.
8. 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,
A"Ilan C. it , 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 17, 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
CACH, LLC
4340 S. MONACO -- 2ND FLOOR
DENVER, CO 80237
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
TRACY ADAMS
36 S. SPRING GARDEN ST.
CARLISLE, PA 17015
Defendant
No. 2008 - 03266
MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR JUDGMENT ON THE
PLEADINGS
CACH, 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 June 25, 2009, 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 July 25, 2009.
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.
On or about September 3, 2009, Plaintiffs attorney made another 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.
Subsequently, on or about October 9, 2009, Plaintiffs attorney made a written request for
full and complete answers, attached as Exhibit C, to all of Plaintiffs discovery. Defendant failed
to respond to that request or contacted Plaintiff to explain why she hadn't responded or to ask for
an extension.
As of this date, Defendant has not responded to any of Plaintiffs 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 July 25, 2009, 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 $11,136.84, 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 $11,136.84, together with
all such other and further relief, at law or in equity, as to which Plaintiff may be justly entitled.
Respectfully submitted,
elan 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 17, 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
CACH,LLC
4340 S. MONACO -- 2ND FLOOR
DENVER, CO 80237
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
TRACY ADAMS
36 S. SPRING GARDEN ST.
CARLISLE, PA 17015
Defendant
No. 2008 - 03266
VERIFICATION
I, Allan C. Smith, Esq., of the Law Office of Harrison Ross Byck, Esq., P.C., attorneys
for Plaintiff, CACH, LLC, do hereby state that I am familiar with the facts of this case and am
authorized to file this Verification on their behalf. I further verify that the facts set forth in the
foregoing 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 17, 2010
By'
Allan C. ith, q.
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
CACH, LLC
4340 S. MONACO -- 2ND FLOOR
DENVER, CO 80237
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
TRACY ADAMS
36 S. SPRING GARDEN ST.
CARLISLE, PA 17015
Defendant
No. 2008 - 03266
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) TRACY
ADAMS by United States mail, postage prepaid, on February 17, 2010 at his/her last address
of:
TRACY ADAMS
36 S. SPRING GARDEN STREET
CARLISLE, PA 17015
Date: February 17, 2010
I
Allan C mitYt' sq.
Attorney I.D. No. 204756
EXHIBIT A
The Law Office of Harrison Ross Byck, Esq., P.C.
110 PI• 13 1 d
Harrison Ross Byck, Esq.
Member: PA and NJ State Bar
Of Counsel:
Allan C. Smith, Esq.
Member: PA and NY State Bar
June 25, 2009
TRACY ADAMS
36 S. SPRING GARDEN STREET
CARLISLE, PA 17015
Leonard A. Sanguedolce, Esq.
Member. PA State Bar
RE: CLAIM OF CACH, LLC, ASSIGNEE FOR COLLECTION OF:
Court Filed:
County Filed:
Docket No.:
Our Client:
Our Account No.:
Original Creditor:
Original Account Number:
Dear TRACY ADAMS,
COURT OF COMMON PLEAS
CUMBERLAND
08 - 03266
CACH, LLC
CACH-14367024070502426
BANK OF AMERICA, N.A.
4888936999746724
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. Please be aware that you must
answer these separately, fully, in writing, and under oath to the undersigned attorney within thirty (30) days
after the date of service.
If you have any questions or problems, please do not hesitate to call me at the above number.
Sincerely,
Allan C. Smith, Esq.
ata ou evar , Suite 112
Morrisville, PA 19067
Local: (215) 428-0666 Fax: (215) 428-0740
Toll Free: (888) 275-6399
cc: file
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
CACH, LLC
Plaintiff,
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 08 - 03266
TRACY ADAMS
Defendant(s).
PLAINTIFF'S FIRST SET OF INTERROGATORIES
Directed to: TRACY ADAMS, Defendant, by and through Defendant's attorney of
record, PRO SE, 36 S. SPRING GARDEN STREET, CARLISLE, PA 17015
Pursuant to Rules 4005 and 4006 of the Pennsylvania Rules of Civil Procedure, you are to
answer and respond to the attached Interrogatories separately, fully, and in writing. You
should deliver a true copy of your answers and responses to the undersigned attorney by
the deadlines stated below.
Instructions Regarding Interrogatories
Pursuant to Rule 4006 of the Pennsylvania Rules of Civil Procedure, you are to
answer the attached interrogatories separately, fully, in writing, and under oath. You
should deliver a true copy of your answers to the undersigned attorney within thirty days
after the date of service of these interrogatories. To the extent that may be required by the
applicable rules of procedure and evidence you are hereby notified that Plaintiff intends to
use any and all answers to the attached interrogatories as evidence at trial or any other
hearing in this case.
Please note that if after you submit your responses to these interrogatories, you
learn that any such response was either incomplete when made, or, although complete and
correct when made, is no longer complete and correct, you must amend or supplement
your response reasonably promptly after you discover the necessity for such an
amendment or supplementation. Any amended or supplemental response made less than
thirty days before trial will be presumed not to have been made reasonably promptly. A
failure to make, amend, or supplement a response in a timely manner may result in your
not being able to introduce into evidence the material or information not timely disclosed.
Allan C. Smith, Esq.
Attorney for Plaintiff
State Bar No.: 204756
229 Plaza Blvd., Suite 112
Morrisville, PA 19067
(888) 275-6399// (215) 428-0666
Dated: June 25, 2009
DEFINITIONS
A. "Issuer" refers to BANK OF AMERICA, N.A.
B. "Account" or "the Account" refers to Account Number 4888936999746724 with
BANK OF AMERICA, N.A. [which was changed after the account was charged off to
Account Number XXXX].
C. "Card" or "the Card" refers to the VISA card that was issued on the Account.
D. "Defendant," "you," "your," or "yours" refers to TRACY ADAMS.
E. "Plaintiff' refers to CACH, LLC and encompasses any person, employee, or
other entity authorized to act on Plaintiffs behalf.
F. "Identify", as used herein with regard to a person, shall mean to provide the
following: (1) the person's full name; (2) any other names the person uses or has used in
the past; (3) the person's residential address and telephone number; (4) the person's
business address(es) and telephone number(s); (5) the person's employer and job title; (6)
if the person is a former employee of Defendant, the person's last job title while so
employed, and the date of termination; and (7) if the person is not an employee of
Defendant but has some other connection with Defendant, for example, agent,
independent contractor, officer, director, or customer, the person's connection with
Defendant.
G. "Identify", as used herein with regard to documents or tangible things, shall mean
to describe such documents or tangible things by title, present location, usual location,
custodian, and contents.
H. The word "document" is used herein in its broadest sense to include any medium
upon or with which information is recorded or preserved which belongs to, or is in or
subject to the possession, custody or control of Defendant or Defendant's attorneys,
agents, employees, trustees, representatives, professional accountants, and any attorneys
with whom you may claim the right of joint defense privileges or special relationships, by
whomever generated or received, including without limitation: writings; printings;
drawings; graphs; charts; notes; typewriting; photographs; slides; motion pictures;
videotapes or cassettes; phonograph records; tape or other mechanical recordings;
ledgers; books; statements of accounts; journals; notices; letters; catalogs; canceled
checks; bank statements; invoices; bills; diaries; purchase orders; memoranda of
telephone communications; telegrams; telexes or "TWX's"; telecopies; drafts or
preliminary versions of the foregoing; communications to or from any governmental or
law enforcement subdivision, officer, or agency; and any other instrument, writing,
recording, or data compilation of any nature whatsoever, including any carbon,
photographic, microfilm or other type of copy of such items, whether or not such copy is
different from the original by reason of any markings, additions, commentaries, revisions,
deletions, or substitutions.
1. "Communication" shall include, but is not limited to, any oral communications,
correspondence, memoranda, reports, records and/or recordings of telephone calls and
reports of meetings.
J. "Person" means an individual, corporation, trust, partnership, incorporated or
unincorporated association, or any other legal entity.
K. "Credit bureau" means any person who, for compensation, gathers, records, and
disseminates information relative to the creditworthiness, financial responsibility, paying
habits, and other similar information regarding any person, for the purpose of furnishing
consumer reports to third parties.
L. "Chargeoff date" means July 26, 2005.
M. "Possession, custody or control" when used in reference to documents or other
tangible things includes, without limitation, documents or things in your personal
possession, custody or control, documents or things in the possession, custody or control
of your attorneys or any other agents of yours, and documents or things which you could
obtain, or copies of which you could obtain by reasonable good faith effort. Possession,
custody or control includes constructive possession such that the person need not have
actual physical possession. As long as Defendant has a superior right to compel the
production from a third party (including an agency, authority or representative),
Defendant has possession, custody or control.
INTERROGATORIES
Interrogatory No. 1:
Identify all persons who participated in the preparation of the answers to these
interrogatories.
Interrogatory No. 2:
If you contend or believe that venue of this action is not proper in the county in which this
suit was filed state the factual basis of any such contention or belief.
Interrogatory No. 3:
If Defendant denies having received the Card identify any persons whom Defendant
believes may have received the Card.
Interrogatory No. 4:
If Defendant denies having used the Card identify any persons whom Defendant believes
may have used the Card and state whether each such person was authorized by Defendant
to use the Card.
Interrogatory No. 5:
If Defendant denies having accepted each advance on the Card, identify each advance or
charge on the Card that Defendant disputes.
Interrogatory No. 6:
If Defendant has refused to admit that, until at least the chargeoff date, Issuer sent to
Defendant on a monthly basis a statement of charges and 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 on the Account as of July 26,
2005 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
July 26, 2005.
Interrogatory No. 9:
State the facts on which you base any refusal to admit Plaintiff is presently the owner of
the Account.
Interrogatory No. 10:
State the facts on which you base any refusal to admit Defendant is indebted to Plaintiff
for the amounts asserted in Plaintiff's Original Complaint in this case.
Interrogatory No. 11:
If Defendant contends or believes that the debt that is the subject of this suit is the
obligation of any person or entity other than Defendant, identify such other persons or
entities and state the facts on which that contention or belief is based.
Interrogatory No. 12:
State the facts on which you base any refusal to admit Defendant is not entitled to any
setoff for sums unconnected with payments that have been made by or on behalf of
Defendant.
Interrogatory No. 13:
Identify all persons whom you intend to call as witnesses at trial, other than rebuttal or
impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated
before trial.
Interrogatory No. 14:
Identify all persons whom you may call as expert witnesses at trial and state the subject
matter of each such person's anticipated testimony and the opinions of each such person
concerning the subject matter of this litigation.
Interrogatory No. 15:
Identify all persons whose mental impressions or opinions have been reviewed by any
person whom you may call as an expert witness at trial.
Interrogatory No. 16:
If you are disputing only a portion of the Account please identify which portions of the
Account are disputed and which are not and state the reasons for any such disputes.
Interrogatory No. 17:
With regard to each charge comprising the Account which you contend or believe to be
unreasonable, state the facts on which you base any refusal to admit each of the charges
comprising the Account was reasonable.
Harrison Ross Byck, Esq., P.C.
Attorney I.D. 61511
229 Plaza Blvd., Suite 112
Morrisville, PA 19067
1-888-275-6399// (215) 428-0666
Attorney for Plaintiff
CACH,LLC
Plaintiff,
vs.
TRACY ADAMS
Defendant(s).
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 08 - 03266
PLAINTIFF'S FIRST REQUESTS FOR ADMISSIONS
Directed to: TRACY ADAMS, Defendant, by and through Defendant's attorney of
record, PRO SE, 36 S. SPRING GARDEN STREET, CARLISLE, PA 17015
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 ReeardinQ Requests for Admissions
Pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, you are
requested to admit the truth of each of the matters stated below.
You are to respond to each of the following requests in writing [and under oath]
within forty-five days after service, by delivering or causing to be delivered to the
undersigned attorney a statement admitting or denying specifically, in good faith, each
matter of which an admission is requested, or stating in detail the reason(s) you cannot
truthfully admit or deny the matter.
Please note that if after you submit your responses to these requests for
admissions, you learn that any such response was either incomplete when made, or,
although complete and correct when made, is no longer complete and correct, you must
amend or supplement your response reasonably promptly after you discover the necessity
for such an amendment or supplementation. Plaintiff will object at trial or any hearing to
your use or attempted use of any evidence that is inconsistent with matters that you have
admitted or that you have failed to deny on a timely basis.
A an C. Smith, Esq.
Attorney for Plaintiff
State Bar No.: 204756
229 Plaza Blvd., Suite 112
Morrisville, PA 19067
(888) 275-6399// (215) 428-0666
Dated: June 25, 2009
DEFINITIONS
A. "Issuer" refers to BANK OF AMERICA, N.A.
B. "Account" or "the Account" refers to Account Number 4888936999746724 with
BANK OF AMERICA, N.A. [which was changed after the account was charged off to
Account Number XXXX).
C. "Card" or "the Card" refers to the VISA card that was issued on the Account.
D. "Defendant," "you," "your," or "yours" refers to TRACY ADAMS.
E. "Plaintiff" refers to CACH, LLC and encompasses any person, employee, or
other entity authorized to act on Plaintiff's behalf.
F. "Identify", as used herein with regard to a person, shall mean to provide the
following: (1) the person's full name; (2) any other names the person uses or has used in
the past; (3) the person's residential address and telephone number; (4) the person's
business address(es) and telephone number(s); (5) the person's employer and job title; (6)
if the person is a former employee of Defendant, the person's last job title while so
employed, and the date of termination; and (7) if the person is not an employee of
Defendant but has some other connection with Defendant, for example, agent,
independent contractor, officer, director, or customer, the person's connection with
Defendant.
G. "Identify", as used herein with regard to documents or tangible things, shall mean
to describe such documents or tangible things by title, present location, usual location,
custodian, and contents.
H. The word "document" is used herein in its broadest sense to include any medium
upon or with which information is recorded or preserved which belongs to, or is in or
subject to the possession, custody or control of Defendant or Defendant's attorneys,
agents, employees, trustees, representatives, professional accountants, and any attorneys
with whom you may claim the right of joint defense privileges or special relationships, by
whomever generated or received, including without limitation: writings; printings;
drawings; graphs; charts; notes; typewriting; photographs; slides; motion pictures;
videotapes or cassettes; phonograph records; tape or other mechanical recordings;
ledgers; books; statements of accounts; journals; notices; letters; catalogs; canceled
checks; bank statements; invoices; bills; diaries; purchase orders; memoranda of
telephone communications; telegrams; telexes or "TWX's"; telecopies; drafts or
preliminary versions of the foregoing; communications to or from any governmental or
law enforcement subdivision, officer, or agency; and any other instrument, writing,
recording, or data compilation of any nature whatsoever, including any carbon,
photographic, microfilm or other type of copy of such items, whether or not such copy is
different from the original by reason of any markings, additions, commentaries, revisions,
deletions, or substitutions.
1. "Communication" shall include, but is not limited to, any oral communications,
correspondence, memoranda, reports, records and/or recordings of telephone calls and
reports of meetings.
J. "Person" means an individual, corporation, trust, partnership, incorporated or
unincorporated association, or any other legal entity.
K. "Credit bureau" means any person who, for compensation, gathers, records, and
disseminates information relative to the creditworthiness, financial responsibility, paying
habits, and other similar information regarding any person, for the purpose of furnishing
consumer reports to third parties.
L. "Chargeoff date" means July 26, 2005.
M. "Possession, custody or control" when used in reference to documents or other
tangible things includes, without limitation, documents or things in your personal
possession, custody or control, documents or things in the possession, custody or control
of your attorneys or any other agents of yours, and documents or things which you could
obtain, or copies of which you could obtain by reasonable good faith effort. Possession,
custody or control includes constructive possession such that the person need not have
actual physical possession. As long as Defendant has a superior right to compel the
production from a third party (including an agency, authority or representative),
Defendant has possession, custody or control.
.!
REQUESTS FOR ADMISSIONS
RFA No. 1:
You are a resident of the county in which this suit was filed.
RFA No. 2:
You signed the original application for the Card in the county in which this suit was filed.
RFA No. 3:
You used the Card to make purchases or obtain extensions of credit in the county in
which this suit was filed.
RFA No. 4:
Defendant applied to Issuer for issuance of the Card.
RFA No. 5:
The Card was issued to Defendant.
RFA No. 6.
Defendant received the Card.
RFA No. 7.
Defendant accepted the Card.
RFA No. 8.
Defendant signed the back of the Card.
RFA No. 9.
Defendant used the Card to make purchases.
RFA No. 10.
Defendant used the Card to obtain extensions of credit.
RFA No. 11:
Issuer made cash advances to Defendant, either as actual cash or in payment for purchases
Defendant made from third parties by using the Card.
RFA No. 12:
Defendant accepted each such advance on the Account.
RFA No. 13:
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 of any billing statement on the Account
send to Issuer a written dispute of the billing statement.
RFA No. 16:
Defendant has failed to repay all of the advances made by Issuer on the Account.
RFA No. 17:
The balance due, owing, and unpaid on the Account, after allowing all just and lawful
payments, credits and offsets, was $ 7,553.61 as of July 26, 2005.
RFA No. 18:
Defendant has made no payments on the Account since December 19, 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 May 1, 2007, the Account was sold to Plaintiff.
RFA No. 21:
On May 1, 2007, the Account was assigned to Plaintiff.
RFA No. 22:
Plaintiff is presently the owner of the Account.
RFA No. 23:
Defendant is indebted to Plaintiff for the amounts asserted in Plaintiffs Original
Complaint in this case.
RFA No. 24:
Defendant is not entitled to any setoff for sums unconnected with payments that have
been made by or on behalf of Defendant.
RFA No. 25:
Each of the charges comprising the Account was reasonable.
Harrison Ross Byck, Esq., P.C.
Attorney I.D. 61511
229 Plaza Blvd., Suite 112
Morrisville, PA 19067
1-888-275-6399H (215) 428-0666
Attorney for Plaintiff
CACH, LLC
Plaintiff,
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 08 - 03266
}
TRACY ADAMS
Defendant's).
PLAINTIFF'S FIRST REQUESTS FOR PRODUCTION
Directed to: TRACY ADAMS, Defendant, by and through Defendant's attorney of
record, PRO SE, 36 S. SPRING GARDEN STREET, CARLISLE, PA 17015
Pursuant to Rules 4009.1, 4009.11 and 4009.12 of the Pennsylvania Rules of Civil
Procedure, you are to answer and respond to the attached Requests for Production
("RFPs") separately, fully, and in writing. You should deliver a true copy of your answers
and responses to the undersigned attorney by the deadlines stated below.
Instructions Regarding Requests for Production
As to each Request for Production set forth below, the requested items are to be
produced and delivered to the undersigned attorney at the Law Office of Harrison Ross
Byck, Esq., P.C., 229 Plaza Blvd., Suite 112, Morrisville, PA 19067, for inspecting,
copying or photographing pursuant to Rule 4009 of the Pennsylvania Rules of Civil
Procedure. These requests apply to all described documents and tangible things over
which Defendant has possession, custody, or control, and production is to be made within
thirty days after the date of service of these requests. All original documents produced
and identified as such shall be returned to Defendant within thirty days following receipt
thereof. In connection with these requests you are instructed that the phrase "possession,
custody or control" has the meaning set forth in the Definitions section below.
Privileged Documents: If you withhold any documents based upon a claim of
privilege you are to provide a log of such documents, listing them by date, title (or
description if untitled), author, and the specific privilege asserted.
Lost, Discarded or Destroyed Documents: If any document requested herein
has been lost, discarded, or destroyed, please identify such document by providing the
following information in your response:
1. Description of document.
2. Date of disposal or loss.
3. Manner of loss.
4. Reason for disposal or explanation of loss.
5. Person authorizing disposal.
6. Persons having knowledge of disposal or loss.
7. Person disposing of document.
Authentication and Use at Hearings and Trial: You are hereby notified that all
documents produced in response to this request will be used in any pretrial proceeding
and at trial.
Allan 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: June 25, 2009
DEFINITIONS
A. "Issuer" refers to BANK OF AMERICA, N.A.
B. "Account" or "the Account" refers to Account Number 4888936999746724 with
BANK OF AMERICA, N.A. [which was changed after the account was charged off to
Account Number XXXX].
C. "Card" or "the Card" refers to the VISA card that was issued on the Account.
D. "Defendant," "you," "your," or "yours" refers to TRACY ADAMS.
E. "Plaintiff" refers to CACH, LLC and encompasses any person, employee, or
other entity authorized to act on Plaintiffs behalf.
F. "Identify", as used herein with regard to a person, shall mean to provide the
following: (1) the person's full name; (2) any other names the person uses or has used in
the past; (3) the person's residential address and telephone number; (4) the person's
business address(es) and telephone number(s); (5) the person's employer and job title; (6)
if the person is a former employee of Defendant, the person's last job title while so
employed, and the date of termination; and (7) if the person is not an employee of
Defendant but has some other connection with Defendant, for example, agent,
independent contractor, officer, director, or customer, the person's connection with
Defendant.
G. "Identify", as used herein with regard to documents or tangible things, shall mean
to describe such documents or tangible things by title, present location, usual location,
custodian, and contents.
H. The word "document" is used herein in its broadest sense to include any medium
upon or with which information is recorded or preserved which belongs to, or is in or
subject to the possession, custody or control of Defendant or Defendant's attorneys,
agents, employees, trustees, representatives, professional accountants, and any attorneys
with whom you may claim the right of joint defense privileges or special relationships, by
whomever generated or received, including without limitation: writings; printings;
drawings; graphs; charts; notes; typewriting; photographs; slides; motion pictures;
videotapes or cassettes; phonograph records; tape or other mechanical recordings;
ledgers; books; statements of accounts; journals; notices; letters; catalogs; canceled
checks; bank statements; invoices; bills; diaries; purchase orders; memoranda of
telephone communications; telegrams; telexes or "TWX's"; telecopies; drafts or
preliminary versions of the foregoing; communications to or from any governmental or
law enforcement subdivision, officer, or agency; and any other instrument, writing,
recording, or data compilation of any nature whatsoever, including any carbon,
photographic, microfilm or other type of copy of such items, whether or not such copy is
different from the original by reason of any markings, additions, commentaries, revisions,
deletions, or substitutions.
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.
J. "Person" means an individual, corporation, trust, partnership, incorporated or
unincorporated association, or any other legal entity.
K. "Credit bureau" means any person who, for compensation, gathers, records, and
disseminates information relative to the creditworthiness, financial responsibility, paying
habits, and other similar information regarding any person, for the purpose of furnishing
consumer reports to third parties.
L. "Chargeoff date" means July 26, 2005.
M. "Possession, custody or control" when used in reference to documents or other
tangible things includes, without limitation, documents or things in your personal
possession, custody or control, documents or things in the possession, custody or control
of your attorneys or any other agents of yours, and documents or things which you could
obtain, or copies of which you could obtain by reasonable good faith effort. Possession,
custody or control includes constructive possession such that the person need not have
actual physical possession. As long as Defendant has a superior right to compel the
production from a third party (including an agency, authority or representative),
Defendant has possession, custody or control.
REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS
RFP No. 1:
If Defendant denies having received the Card please produce all correspondence between
Issuer and Defendant.
RFP No. 2:
If Defendant denies having received the Card please produce Defendant's checking
account records for the period from August 10, 2004 through July 26, 2005.
RFP No. 3:
Please produce all billing statements from Issuer to Defendant.
RFP No. 4:
Please produce true copies all correspondence from Defendant to Issuer disputing any
billing statement on the Account, together with proof of sending and receipt of such
correspondence.
RFP No. 5:
If Defendant refuses to admit that Defendant has failed to repay all of the advances made
by Issuer on the Account, produce true copies of all payments made on the Account.
.. RFP No. b:
If Defendant refuses to admit that Defendant has made no payments on the Account since
December 19, 2004, produce true copies of all documents on which you base your refusal
to admit.
RFP No. 7:
If Defendant refuses to admit that Defendant is indebted to Plaintiff for the amounts
asserted in Plaintiff's Original Complaint in this case, produce true copies of all
documents on which you base your refusal to admit.
RFP No. 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:
If you have refused to admit that Defendant is not entitled to any setoff for sums
unconnected with payments that have been made by or on behalf of Defendant, produce
true copies of all documents on which you base any assertion of a setoff.
RFP No. 10:
With regard to each expert identified in response to Interrogatory No. 13 please produce:
a. the expert's resume or curriculum vitae;
b. all non-privileged notes pertaining to the expert's opinions in this action;
C. any reports prepared by such expert;
d. all documents and materials reviewed or relied upon by such expert in
preparing the report; and
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).
RFP No. 13:
Please produce all correspondence between Issuer and Defendant.
RFP No. 14:
Please produce all statements of Plaintiff or any of its attorneys.
RFP No. 15:
Please produce all witness statements pertaining to this litigation.
s RFP No. 16:
If you have refused to admit that each of the charges comprising the Account was
reasonable, produce true copies of all documents on which you base any assertion of a
setoff.
Harrison Ross Byck, Esq., P.C.
Attorney I.D. 61511
229 Plaza Blvd., Suite 112
Morrisville, PA 19067
1-888-275-6399// (215) 428-0666
Attorney for Plaintiff
CACH, LLC ) COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff, )
NO: 08 - 03266
vs. )
TRACY ADAMS )
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 Things, and Requests for Admissions to Defendant regarding the above-captioned matter
upon defendant(s) TRACY ADAMS by United States mail, postage prepaid, on June 25, 2009 at his/her last address of.
TRACY ADAMS
36 S. SPRING GARDEN STREET
CARLISLE, PA 17015
Date: June 25, 2009
B y: , _: __ ?__
Allan C. Smith, Esq.
Attorney I.D. No. 204756
EXHIBIT B
The Law Office of Harrison Ross Byck, Esc., P.C.
'21) Plaza Boulevard, Suite 112
tilorrisville, PA 19067
Local: (213) 428-0666 Fax: (213) 428-0740
Toll Free: (888) 273-6399
Flarrison Ross Byck, Esq.
Member: PA and NJ State Bar
Of Counsel:
AIlrn C. Smith, Esq. Joseph A. Uiorio, Esq.
Member: NA and NY State Bar Member NJ State Bar
Leonard A. Sanguedolee, Esq.
Member: PA State Bar
June 25, 2009
TRACY ADAMS
36 S. SPRING GARDEN STREET
CARLISLE, PA 17015
RE: CLAIM OF CACH, LLC, ASSIGNEE FOR COLLECTION OF:
Court Filed:
County Filed:
Docket No.:
Our Client:
Our Account No.:
Original Creditor:
Original Account Number:
Dear TRACY ADAMS,
COURT OF COMMON PLEAS
CUMBERLAND
08 - 03266
CACH, LLC
CACH-14367024070502426
BANK OF AMERICA, N.A.
4888936999746724
On June 25, 2009, 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. Proper responses
conforming to the Pennsylvania Rules of Civil Procedure to this discovery were due from you within thirty
(30) days. To this date, we have not received such response to those discovery requests.
Please respond to these requests within ten (10) days of the date of this letter. If I do not hear from you,
I may be required to file a Motion to Compel or a Motion for Summary Judgment in relation to the discovery
requests.
Thank you in advance for your anticipated prompt attention to this matter. If you have any questions
or problems, please do not hesitate to call me at the above number.
Sincerely,
cc: file
Allan C. Smith, Esq.
i
EXHIBIT C
The Law Office of Harrison Ross Byck, Esq., P.C.
229 Plaza Boulevard, Suite 112
Morrisville, PA 19067
Local: (215) 428-0666 Fax: (215) 428-0740
Toll Free: (888) 275-6399
Harrison Ross Byck, Esq.
Member: PA and NJ State Bar
Of Counsel:
Allan C. Smith, Esq. Leonard A. Sanguedolce, Esq.
Member: PA and NY State Bar Member: PA State Bar
October 9, 2009
TRACY ADAMS
36 S. SPRING GARDEN STREET
CARLISLE, PA 17015
RE: CLAIM OF CACH, LLC, ASSIGNEE FOR COLLECTION OF:
Court Filed:
County Filed:
Docket No.:
Our Client:
Our Account No.:
Original Creditor:
Original Account Number:
Dear TRACY ADAMS,
COURT OF COMMON PLEAS
CUMBERLAND
08 - 03266
CACH, LLC
CACH-14367024070502426
BANK OF AMERICA, N.A.
4888936999746724
On June 25, 2009, 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. Proper responses
conforming to the Pennsylvania Rules of Civil Procedure to this discovery were due from you within thirty
(30) days. No response was received to this discovery.
On September 3, 2009, we again requested your responses to the discovery. To this date, we have not
received such response to those discovery requests.
Please respond to these requests within ten (10) days of the date of this letter. If I do not hear from you,
I may be required to file a Motion to Compel or a Motion for Judgment on the Pleadings in relation to the
discovery requests.
Thank you in advance for your anticipated prompt attention to this matter. If you have any questions
or problems, please do not hesitate to call me at the above number.
Sincerely,
Allan C. Smith, Esq.
cc: file
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
CACH, LLC
4340 S. MONACO -- 2ND FLOOR
DENVER, CO 80237
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
TRACY ADAMS
36 S. SPRING GARDEN ST.
CARLISLE, PA 17015
Defendant
No. 2008 - 03266
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) TRACY
ADAMS by United States First Class Mail, on February 17, 2010 at his/her last address of:
TRACY ADAMS
36 S. SPRING GARDEN STREET
CARLISLE, PA 17015
Date: February 17, 2010
qAan C. S i , Esq.
Attorney I.D. No. 204756
U JA L
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for neW
Argument Court.)
-------------------------------------------------------------------------------------------
-------
------
M
'
CAPTION OF CASE - ?
(entire caption must be stated in full) N
-% G
-r
CACH, LLC i
V3.
TRACY ADAMS c~?
No. 03266 2008 _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:
TRACY ADAMS
(Name and Address)
36 S. SPRING GARDEN ST, CARLISLE PA 17015
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: 31 st day of March, 2010
ignatur
ALLAN C. SMITH, ESQ.
Print your name
F A??.?tFF
Attorney for
Date:
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.
#9.
CACH,LLC
4340 MONACO
2ND FLOOR
DENVER, CO 80237,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TRACY ADAMS
36 S. SPRING GARDEN ST.:
CARLISLE, PA 17015,
Defendant
NO. 2008 - 3266 CIVIL TERM
CIVIL ACTION - LAW
IN RE: PLAINTIFF'S MOTION FOR JUDGMENT OF THE PLEADINGS
BEFORE OLER, GUIDO, EBERT, JJ.
ORDER OF COURT
AND NOW, this 22ND day of APRIL, 2010, Plaintiffs "Motion for Judgment on
the Pleadings" is DENIED.
e Court,
Allan C. Smith, Esquire
229 Plaza Blvd., Suite 112
Morrisville, Pa. 19067
racy Adams
36 South Spring Garden Street
Carlisle, Pa. 17015
Court Administrator _ 1
.
?/ 1
ate./??
Edward E. Guido, J.
c
.-an
-E 4i
? . '
rn
w
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LLC
CACH
,
3266
NO
2081
-
.
Plaintiff
-
vs. = ti
tjl
c-n
.ate
TRACY ADAMS -- -
Defendant
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the - a
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
ALLAN C. SMITH, ESQUIRE , counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $11,156.84
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
ORDER OF COURT
AND NOW,
petition,
Esq., and
captioned action (or actions) as prayed for.
200 , in consideration of the foregoing
Esq., and
Esq., are appointed arbitrators in the above
By the Court,
I
to
ob aq 395
Kevin A. Hess, P.J.
r
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
CACH,LLC
4340 S. MONACO -- 2ND FLOOR
DENVER, CO 80237
Plaintiff,
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
TRACY ADAMS
328 FARMINGTON DR.
SHIPPENSBURG, PA 17257
Defendant
No. 2008 - 03266
CERTIFICATE OF SERVICE
I, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's Petition
for Appointment of Arbitrators regarding the above-captioned matter upon defendant TRACY
ADAMS by United States First Class Mail, on November 5, 2010 at his/her last address of:
TRACY ADAMS
328 FARMINGTON DR.
SHIPPENSBURG, PA 17257
Date: November 5, 2010
By: 51; ? e?
Allan C. Smith, Esq.
Attorney I.D. No. 204756
-9 t
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CACH, LLC
r J
Plaintiff NO.3266 20,98
vs.'
TRACY ADAMS
RULE 1312-1
Defendant -'
The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
ALLAN C. SMITH, ESQUIRE _, counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $11,156.84
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
ORDER OF COURT
AND NOW, /lt Ptly"2 208 O , in consideration of the foregoing
petition, Esq., and?O d, r12
Esq., and 7&A 1-1 P, mss Esq., are appointed arbitrators in the above id" Qapt tined action (or actions) as prayed for.
w c c? ?? r ? f.,S
By the Court,
C) }- _
Q Cv- 9 Kevin A. ss, P.J.
_ LLJ L'i
CL-
`7
E•y
CD ;.
OLC0 A sqS
?¢.r6\a31
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
CACH, LLC
4340 S. MONACO -- 2ND FLOOR
DENVER, CO 80237
Plaintiff,
vs.
TRACY ADAMS
328 FARMINGTON DR.
SHIPPENSBURG, PA 17257
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 2008 - 03266
CERTIFICATE OF SERVICE
I, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's Petition
for Appointment of Arbitrators regarding the above-captioned matter upon defendant TRACY
ADAMS by United States First Class Mail, on November 5, 2010 at his/her last address of:
TRACY ADAMS
328 FARMINGTON DR.
SHIPPENSBURG, PA 17257
Date: November 5, 2010
By:
Allan C. Smith, Esq.
Attorney I.D. No. 204756
CACH, LLC. In The Court of Common Pleas of Cumberland
Plaintiff
VS County, Pennsylvania No-2008 -3266 Civil Term
TRACY ADAMS
Defen ant Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
wit delity._
Signature Signature ignature
Richard C. Snelbaker " c-?C\^`^
Name (Chairman) Name Name y l
SNELBAKER & BRENNEMAN, PC
Law Firm
44 West Main SfrePt:
Address
Mechanicsburg, PA 17055
City, Zip
Law Firm
?o'7 G art,
Address
C ? ?? ?o[
City, Zip
-A P11
C- V1 ?CLAF
Address
City, Zip
We, the undersigned arbitrators, h
following award: (Note: If
Award
been duly appointed and sworn (or affirmed), make the
;es for delay are awarded, they shall be separately stated.)
. Arbitrator, dissents. (Insert name if
Date of Hearing:
Date of Award: A&CA Q, za//
N
Now, the day of
entered upon the docket and notice
Arbitrators' compensation to be paid
(Chairman)
of Entry of Award
, 20 It , at -&-) W , /-)L.M., the above award was
f given by mail to the parties or their attorneys.
appeal: $ 2S0, p
B_
Prothon ary Deputy
h !1P r r
L' '7"ru C y ?C?t 1uS
C'd p i-e.s h t a. leq
AO.
Allan C. Smith Esq.,
Attorney I.D. No. 204756
Law Firm of Allan C. Smith, P.C
1276 Veterans Hwy, Suite E-1
Bristol, PA 19007
1-888-275-6399//(215)428-0666
Attorney for Plaintiff
OF THE FILED-OFFICE
2011 NOV -7 PM 3: 24
CUMBERLAND COUNTY
PENNSYLVANIA
CACH, LLC.
4340 SOUTH MONACO STREET 2ND FLOOR
DENVER, CO 80237
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
Vs.
No.: 2008 - 03266
TRACY ADAMS
36 S SPRING GARDEN STREET
CARLISLE, PA 17015
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance of behalf of CACH, LLC., the plaintiff in this action.
A.13 mi i, Esq.
o. 4756
Law Firm of Allan C. Smith, P.C
1276 Veterans Hwy- Suite E-1
Bristol, PA 19007
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdrawal my appearance of behalf of CACH, LLC., the plaintiff in this action.
Frrison Ross c
Attorney ID o.: 6
Law Offic of Hid
1276 Veterans w:
Bristol, PA 19007
Dn Ross Byck, Esq. P.C
Suite E-1
Date: October 26, 2011