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HomeMy WebLinkAbout10-37804 I,?_ i.. ' ??P- L010 1ui"I -7 Pill 2: 14 J - - - (IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH LLC successor in interest to BANK OF AMERICA, N.A., Plaintiff, vs. CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO. 10 - 37 kb 051y'i l term ISSUE NO. TYPE OF PLEADING: Complaint in Civil Action CODE: PATRICK A BASOM, Defendant. FILED ON BEHALF OF: Plaintiff, CACH LLC successor in interest to BANK OF AMERICA, N.A. COUNSEL OF RECORD FOR THIS PARTY: Reed J. Davis Pa. I.D. #00501 Reed James Davis Pa. I.D. #64343 DAVIS DAVIS ATTORNEYS a professional corporation 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 412-489-1400 CA000304 O Aga. 00 P 0 KrN l/-3 6iK R* - y3 -303 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH LLC successor in interest to BANK ) OF AMERICA, N.A., ) NO: Plaintiff, ) vs. ) PATRICK A BASOM, ) Defendant. ) NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing, in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. LAWYER REFERRAL SERVICE, Cumberland County Bar Associat 32 South Bedford Street Carlisle, PA 17013 Telephone: 800/990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACH LLC successor in interest to BANK ) OF AMERICA, N.A., ) Plaintiff, ) vs. ) PATRICK A BASOM, ) Defendant. NO: / 0 _ 3 7 9`6 ct?- I COMPLAINT IN CIVIL ACTION AND NOW comes CACH LLC, successor interest to BANK OF AMERICA, N.A.by and through their counsel, Davis Davis Attorneys, a professional corporation, and makes this Complaint against the named Defendant of which the following is a statement: 1. CACH LLC, is a company with one of its principal offices located at 4340 S Monaco St 2nd fl, Denver CO 80237; hereinafter referred to as "Plaintiff'. 2. PATRICK A BASOM is an adult individual whose last known residence is 103 N 21ST ST CAMP HILL PA 17011-3809; hereinafter referred to as "Defendant ". 3. Defendant applied to BANK OF AMERICA, N.A. for a credit card. 4. On or about July 19, 2006, BANK OF AMERICA, N.A. issued a revolving open end credit card to Defendant subject to the terms and conditions of the account which Defendant accepted. A copy of the aforesaid "Terms and Conditions" is marked Exhibit "A" attached hereto and made a part hereof. 5. Defendant confirmed the acceptance of the Terms and Conditions of the account by using the credit card and the account to make purchases and/or take cash advances and thereby agreed to be responsible for the repayment of all charges, advances, interest, fees and costs of collection including attorneys fees. 6. The said Account was assigned for value to the Plaintiff. 7. The outstanding balance which remains due and owing to the Plaintiff by the Defendant is $14,706.06 as set forth in the statement of account which is marked Exhibit "B" attached hereto and made a part hereof. 8. Demands for payment have been made upon the Defendant, but the Defendant has failed or refused to pay. 9. Interest accrues on the aforesaid outstanding balance at the rate of 13.99% per annum from June 8, 2008. 10. Under the terms of Exhibit "A", Defendant agreed to pay Plaintiff s costs of collection, including attorneys fees, which Plaintiff avers to be $2,941.21. WHEREFORE, Plaintiff demands judgment against the Defendant in the sum of $17,647.27 plus interest from June 8, 2008, plus costs. D ATTORNEYS prof s' al c rporation y By: Reed James Davis Attorney for Plaintiff 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 412-489-1400 CA000304 F:\DOCS\181\CA000304\100406.COMP ECS q sit 'g ug ZeEt a Q ?'o? " ? ?5?°.n g??mm JI. In !fill 2 -21 '1231 All .2 1 gg ,gyp ^ £ t8 V g ? sQ_ '2 u 3 y`o? Q W t 9 ?g C?.6 `2a? 556b ? ? ? $,?e R OF. ?m-=' tat oEa me sg¢?=g° 40 sir 038 $?gs$ ci? ? ? 1 m? 8r= 3 u._?t8 3m Olin RI 7 d? 4 y. .4 14 2ml- pli 98 03s??? a 3,a ? 3RD •s ?.9C?` fi? ? insa ' 14. fl 3s ixx y r6 k .E g4,ysj u?6 -i^°b § BR 5-$4:_E.X g? 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Xf JAR 3 33F a°9 3e? g y 'ate '????4.p?p??Ba?'.?g¢t??,}?5g3??°???•S?mm aP ??B?F€ `s??f}y,g ? ?a.?°4. 'Jum fill. s X11, pp 'all .1, 97 Hi :_ 1,110 1,. •?? IS U Sp ? ! .e IV H 9 E qg ?r kk11?8 g ~ ? ? •fi? c° E C? °o ? 2dgd3?? 5??+ P.M112,5gi Ali . az: a4 a a a aw ! I I ezz s 41 1 . I a, .,? 2 6 a I I I N 'Pil 9-11 fla 5 U .mg 4 llj?jts 95 Ig 11 y ° S.E fig I e gg " 8 a t c `? g ?ggg? M flz ply 1g. 1s. M? mill ,???_?' a 28 ag 9 has' A •?_ 8 $ , d3 ?8a ° ?So c?? ? 6"5g NHS. ?2.8''? ? „t ^ ^do2Y^c?3i?cS`°-og3vi^ M&T Bank Prepared for.• PATRICK A BASOM WorldPoints 3W* February 2008 Statement //Ax. Credit Line: $13100.00 4313 0270 1462 9411 Cash orCreditAvailable : - - - _...:. I For/nforma non YourHccounr visit www.fiacardservices.com Summary of Transactions Billing Cycle and Payment Information Call toll-free 1-600-362-6299 Previous Balance $14,307.34 Days in Billing Cycle 29 - TOO hearing-impaired t-600-346-31%8 Payments and Credits - $342.00 Closing Date 02/15/08 ? Mai/ Pa en Cash Advances + $0.00 FIACARD SERVICES Purchases and Adjustments + $39.00 Payment Due Date 03/11/08 P.O. BOX 15726 WILMINGTON DE 19686-5726 Periodic Rate Finance Charges + $160.26 Current Payment Due $338.00 . Mail Biuing lnqu Ties ro Transaction Fee Finance Charges + $0.00 Past Due Amount + $2,058.00 Fla cCARD SERVICES New Balance Total $14 164.60 Total Minimum ----- -- I P.O. BOX 15026 , Payment Due WILMINGTON, DE 19650-5026 Payments and Credits Posting Transaction D t Reterence Account PAY BY PHONE PAYMENT a e Date 01/25 Number Number Category --Amount 342.00 CR Purchases and Adjustments LATE FEE FOR PAYMENT DUE 02/11 02/11 02/11 3965 C 39.00 Cate o Corresponding Annual Balance Subject to _ g ry Cash Advances Periodic Rate Percentage Rate Finance Charge A. Balance Transfers, Checks 0.038328% DLY 13.99% $0 00 B. ATM, Bank 0.054767% DLY 19.99% , 60 $667 0. Purchases D Other 0.038328% IDLY 13.99% , $8,687,06 . Annual Percentage Rate for this Billing Period: 0.038328% IDLY 13.99% $4,777.48 (includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) 14.270/6 OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS 15 0141646000239600000342000004313027014629411 FIA CARD SERVICES Check here for a change of mailing address or phone number(s). Please provide all corrections on the reverse side. P.O. BOX 15726 WILMINGTON, DE 19886-5726 ACCOUNTNUMBER: 43130270 1462 9411 NEW BALANCE TOTAL: $14,164.60 PAYMENTDUEDATE.• 03/11/08 PATRICK A BASOM 330 4TH ST NEW CUMBERLND PA 17070-2119-309 HIBIT Eider Peymern' Amount E-4~d' Mail this payment coupon along with a check or money order payable to. FIA CARD SERVICES 1:5 240 2 2 2 50II: 093570i46294LLill U_ N MPORTANI WPURMATION ABOUT THIS ACCOUNT GRACE PERIOD "Grace Period" means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. There is no Grace Period for Category A or B Cash Advances. If you pay in full this statement's New Balance Total by its Payment Due Date and if you paid in full this statement's Previous Balance in this statement's billing cycle, then you will have a Grace Period during the billing cycle that began the day after this statement's Closing Date on the Category C or D portions of this statement's New Balance Total. During a 0% promotional APR period: 1) no Periodic Rate Finance Charges accrue on balance categories with the 0% promotional APR; and 2) you must pay the Total Minimum Payment Due by its Payment Due Date (and avoid any other "promotion rum-off event" as defined to your Credit Card Agreement) to maintain the 0% promotional APR. * * If a corresponding Annual Percentage Rate in the Finance Charge Schedule on the front of this statement contains a "* *" symbol, then with respect to those balance categories: 1) the 0% promotional APR for each of the balance categories will expire as of the end of the next billing cycle; and 2) you must pay this statement's New Balance Total by its Payment Due Date to avoid Periodic Rate Finance Charges after the end of the 0% promotional APR period on those balances existing as of the Closing Date of this statement. CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Categories A and B - Average Balance Method (including new Cash Advances): We calculate separate Balances Subject to Finance Charge for Category A balances and Category B balances. We do this by: (1) calculating a daily, balance for each day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre-Cycle Cash Advance" balance, which is a Cash Advance with a transaction date prior to this statement's billing cycle but with a posting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statements billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre-Cycle Cash Advance balance, we take the beginning balance attributable solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle Cash Advances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. USE 11 1 Rev J9/0b Categories C and D - Average I' ily Balance Method (including new- n:nmacnr n.. We calculate separate Balances Subject to finance Charge for Cate•gnn is balanc(, and Category D balances. We do this by; 11) calculating a daily balance fur each das in the billing cycle; (2) adding all the daily balances together; and (3i dividing the sure of the daily balances by the number of days in the billing cycle. lit calculate the daily balance for each day in this statement's billin? cycle, vvc take the beginning balaticadd an ainount equal to the applicable Daily Periodic Rate mtdnplicel by the prcviow day's daily balance, add nesv transactions, new Account hand new Transaction Fees, and subtract applicable payrnrnts and credits. If any daily balance is less than zero we treat it as zero. [f the Previous Balance shown on this statement was paid in full in this statement's billing cycle then on the day after that payment in full dare, we exclude from the beginning balance new transactions, new Account Fees and new Transaction Fees which posted on or before that payment in full date, and we do not add new transactions, new Account Fees, or new Transaction Fees which pint after that payment in full date. We include the costs for the Credit Protection plan or for credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such costs are billed. TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine the Periodic Rate Finance Charge for each category, we multiply the Balance Subject to Finance Charge by its applicable Daily Periodic Rate and that result by rhr number of days in the billing cycle. To determine the total Periodic Rate Finance Charge for the billing cycle, we add the Periodic Rate Finance Charges for each caregory together. Each Daily Periodic Rate is calculated by dividing its corresponding Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In mnsr insr.hn cs, we will allocate your payments to balances (including rransacrions made after this statement) with lower APRs before hal hnces with higher APRs. phis w ill re,ti it n balances with lower APRs (such as new balances with promotionaI \1'R ofteisi being paid before any other existing balances. Payment Due Dates and Keeping Your Account in Good Standing Your Payment Due Date will not fall on the same day each month. In nrdcr u1 help maintain any promotional rates, to avoid the itnpostinn Of Default Rates (it appheabi, , to avoid late fees, and to avoid overlimit fees, we must receive at least rhr loml Minimum Payment Due by its Payment Due Date each billing cycic :and cuu must maintain your account balance below your Credit Linur each day. MISCELLANEOUS For the complete terms and conditions of your account, consult your Account Agreement. FIA Card Services is a tradename of FIA Card Services, .N.A. This accounr is issued and administered by FIA Card Services, N.A. CUSTOMER STATEMENT OF DISPUTED ITEM -Please call toll free 1-866-266-0212 Monday-Thursday 8am-9pm (Eastern Time) and Friday 8am-7pm (Eastern Time). For prompt service please have the merchant reference number(s) available for the charge(s) in question. PLEASE DO NOT ALTER WORDING ON THIS FORIvi AND DO NOT XL41L YOUR LETTER OR FORb1 WITH YOUR PAYMENT. Your Name: Account Number: Transaction Date: Posting Date: Reference Number: Amount $: Disputed Amount $: M-k_ - ti 1. The amount of the charge was increased from $ to $ or my safes slip was added incorrectly. Enclosed is a copy of tae a__es_s_fi_p`iFat shows the Correct amount Q 2.1 cert fy that the charge listed above was not made by me or a person authorized by me to use myy card, nor were the goods or services represented by the transaction received 13), me or a person authorized by me. 3.1 have not received the merchandise that was to be shipped to me on 1 (MMlDD/YY ). 1 have asked the merchant to credit my account 4.1 was issued a credit slip that was not shown on my statement A copy of my credit slip is enclosed. The merchant has up to 30 days to credit your account. 0 5. Merchandise that was ship?p?edd to me has arrived darna red and/or defective. I returned it on (bI.M/DD/YY) and asked the mercnt to credit my acwtmt Attach a letter describing how the merchandise was damaged and/or defective and a copy of the proof of return. 0 6. Alth ugh 1 did engage In the above transact on I have attatacted the merchant, resumed the merchandise on / / Mb/DD/YY) and eq tested a credit. l either did n x rece ve this credit or it was unsatis ory. Atrac? ?etter explain rig wiry you are daspudngg this charge with a copy of the proof of n tom If you are unable to return die an errha xlcr, please explain. 7.1 certify that the charge n question was a stn a tram action, but w as posted twice to nay sruenhent I did not authorize the sexand transaction. Se #] $ Reference # Sale 02 $ Reference # Payments We credit payments as of the date received, if the payment is 1) received by 5 p.m. (Eastern Tame), 2) received at the address shown in the bottom left-hand corner of the front of this statement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order, and 4) sent in the enclosed return envelope with only the bottom portion of this statement accompanying it. Payments received after S p.m. on any day including the Payment Due Date, but that otherwise meet the above regtairements, will he credited as of the next day. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. Credit for any other payments may he delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the pa ment on any amount you think is wrong. To stop the payment your letter must reach us at ]east three business days before the automatic payment is scheduled to occur. Choose only one dispute reason. 8.1 notified the merchant on / / (MMDD/YY) to cancel the pre-authorized order (reservation). Please note cancdfaiion # andnavailable, enclose a copy of your contract and a copy of your telephone bill showing date and time of cancellation. Reason for cancellation / cancellation 9. Although I did engage in the above transaction, l have contacted the merchant for credit. The services to he provided on (XLINDDNY) were not received or were unsatisfactory. Attach a letter closet bmg the services eapcayour attempts to resolve with the merchant and a copy of your contract. 0 10.1 certify that 1 do not recognize the transaction. Merchants often provide telephone numbers next to their name on your billing statement. Please attempt to contact the merchant for information. j? H. . if your dispute is for a different reason, please contact us at the above telephone number, Signature (required): Date: Best contact telephone #: Horne#. Billing riers are only preserved by written inquiry. To preserve vour billing rights, pka.c rcrurn J copy of this form.md am supporting mtormanon rcyarding the me hart charvr m ursnon o, Atm: Billing Inquiries, P.O. Box 15026, Wilmington, DE 1$850-i026, USA. PLEASE KEEPTHE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF TI ilS , I ATI %I F\-I. If your billing address or contact infon nation has changed, or if your address is incorrect as it appears o» this bill, please provide all corrections here. Address 1 _ Address 2 - City State _ Area Code & Horne Phone Area Code & Work Phone Zip VERIFICATION I, Reed James Davis, state that I am not a party to the action but that at the request of the Plaintiff, and based upon knowledge, information, records, and documents supplied to me by the Plaintiff, the averments set forth in the foregoing Complaint are true. A Verification executed by Plaintiff can be supplied at time of trial or upon request. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ? q Reed Ja es Davis, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH LLC successor in interest to BANK OF AMERICA, N.A., Plaintiff, CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO.: 2010-3780 CIVIL TERM ISSUE NO. VS. PATRICK A BASOM, Defendant. I hereby certify that the true and correct address of the Plaintiff is: 4340 S Monaco St 2nd fl Denver CO 80237 and the last known address of the Defendant is: 103N2ZPA T CAMP 17011-3809 Attorney j'or Plaintiff FAD0CS\181\CA000304\100806.DEF JUDG ECS TYPE OF PLEADING: PRAECIPF0 FOR DEFAULT JUDGMENT ' CODE: c z ., FILED ON BEHALF OF: Plaintiff, CACH LLC successor in interest to BANK OF AMERICA, N.A. COUNSEL OF RECORD FOR THIS PARTY: Reed J. Davis Pa. I.D. #00501 Reed James Davis Pa. I.D. #64343 DAVIS DAVIS ATTORNEYS a professional corporation 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 412-489-1400 4I4.oo PD Alf e-1' oos Zf a4sas4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH LLC successor in interest to BANK OF AMERICA, N.A., CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY Plaintiff, vs. PATRICK A BASOM, Defendant. NO.: 2010-3780 CIVIL TERM TO:PROTHONOTARY SIR: Please enter judgment by default against the above-named defendant, PATRICK A BASOM for failure to plead. Principal claimed in Complaint $14,706.06 with interest at the rate of 13.99% per annum from June 8, 2008 through August 6, 2010 $7,156.21 Attorney's Fees $2,941.21 TOTAL $24,803.48 with continuing interest on the judgment amount of $24,803.48 at the rate of 6% per annum from August 6, 2010, plus costs. DAVIS DAVIS ATTORNEYS a p sin corporation BY: Reed James Davis Attorney for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATION OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said County and State, personally appeared Reed James Davis, Attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa.R.C.P. 237. 1, as evidenced by the attached copy. 4L- Reed es Davis Sworn to and subscribed before me the day of U V , 2010 Notary Public COMMONWEALTH OF PE NSYLVA M Notarial Seal Rabe= WakK*W Notary Public Soft Twp., Allegheny County My Cww* Wm Expires Jan. 9, 2012 Maarbar, PMmgMaMa A"Odatlon of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH LLC successor in interest to ) BANK OF AMERICA, N.A., ) Plaintiff, ) VS. ) PATRICK A BASOM, ) Defendant. ) CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO. 2010-3780 CIVIL TERM TO: PATRICK A BASOM 103 N 21ST ST CAMP HILL PA 17011-3809 DATE OF NOTICE: July 6, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Associat 32 South Bedford Street Carlisle, PA 17013 Telephone: 717/249-3166 BY DAD SATTORNEYS a p (VM fe i n corporation Reed Ja es Davis Attorney for Plaintiff 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 (412) 489-1400 F:\DOCS\181 \CA000304\100706.1 ODAY ECS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH LLC successor in interest to BANK OF AMERICA, N.A., CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY Plaintiff, vs. PATRICK A BASOM, Defendant. NO:. 2010-3780 CIVIL TERM NOTICE OF ORDER, DECREE OR JUDGMENT TO: PATRICK A BASOM 103 N 21 ST ST CAMP HILL PA 17011-3809 (X) Defendant You are hereby notified hat an Order, Decree or Judgment was entered in the above captioned proceeding on (X) The judgment is as follows: $24,803.48 with continuing interest on the judgment amount of $24,803.48 at the rate of 6% per annum from August 6, 2010, plus costs. C PP.x?tt101?0'?'?1ey SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 0? 4C?? Sheriff F 1LE'D" Jody S Smith 4r{,etc, A t tr?brrr ?1aOF TKO 91R01"i0i - Chef Deputy _ X01 MpR 22 PM 3: 20 Richard W Stewart Co %V Solicitor CUM?RLAN? p???SYLVAN Cach, LLC vs. Patrick A. Basom SHERIFF'S RETURN OF SERVICE Case Number 2010-3780 03/17/2011 01:32 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 17, 2011 at 1332 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Patrick A. Basom, in the hands, possession, or control of the within named garnishee, Citizens Bank, 665 N East Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Jessica Webb, Teller Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 22, 2011 to Patrick A. Basom at 103 N. 21st Street, Camp Hill, PA 17011. SO ANSWERS, March 22, 2011 RON R ANDERSON, SHERIFF t t_ Michelle Gutshall, Deputy c =Couniy5uite Shen`f. Tie 't. L-c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION CACH LLC. Plaintiff(s), VS. PATRICK A BASOM Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. mM 2010-3780 CIVIL TERM c .- ....•: <tz) M i„% c) M Q -A c ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS _1_ to _9j At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of Pennsylvania, states that it maintains no record of any deposit account in the name of the defendant, PATRICK A BASOM, accordingly, no funds are being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Penny Donaldson who being duly sworn according to the law deposes and says that she is the Legal Clerk, Operations Services, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. PYJIJ4?4/"" ""via, Penny D aldson Sworn and subscribed before me this day of 2011. a, J-a' o Pub i Gr?fvrrJnfwLp,t -H cIF f+yIVSYLVANIA NOtari@j Sew v; r j !,o N'c_ary Puhlio pht?tny (:ounty _ w1y t n': 012 t.rr , 2 ? fPIr.)j ie. Certificate of Service I, Penny Donaldson, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this 5t" day of APRIL, 2011. DAVIS DAVIS ATTORNEYS 393 VANADIUM RD, STE 300 PITTSBURGH, PA 15243-1478 .r Penny Do ldson IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION CACH, LLC, Plaintiff(s), vs. PATRICK A BASOM, Defendant(s), vs. Citizens Bank of Pennsylvania, Garnishee. 2010-3780 CIVIL TERM Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax A MEUDED WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-3780 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACH LLC Successor in interest to BANK OF AMERICA, N.A. Plaintiff (s) From PATRICK A. BASOM, 103 N. 21sT STREET, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell tiny 9-nd a lb prop" (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: CITIZENS BANK AT 3301 TRINDLE ROAD, CAMP HILL, PA 17011 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $24,803.48 L.L. $.50 Interest Atty's Comm % Due Prothy $2.00 Atty Paid $174.50 Other Costs Plaintiff Paid Date: 3/7/11 David D Buell, Proth not (Seal) By: fm Deputy REQUESTING PARTY: Name REED JAMES DAVIS, ESQUIRE Address: DAVIS DAVIS ATTORNEYS 393 VANADIUM ROAD, SUITE 300 PITTSBURGH, PA 15243 Attorney for: PLAINTIFF Telephone: (412) 489-1400 Supreme Court ID No. 64343 Arvtended Wt(+ t netl Q. 6"V9A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH LLC successor in interest to BANK OF AMERICA, N.A., Plaintiff, VS. PATRICK A BASOM, %013 ;1" 3t. 11 Defendants, Q ?*a I?0 n CITIZENS BANK, Si61 Tr?vdle V?aa WAX M 1 + A 1? ° "Garnishee. PRAECIPE FOR WRIT OF EXECUTION TO:PROTHONOTARY CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO.: 2010-3780 CIVIL TERM c.? C-) - 20 -o On 4 can -10 Please issue a Writ of Execution and direct it to the Sheriff of Cumberland County, against the Defendant, PATRICK A BASOM, and the Garnishee, CITIZENS BANK, regarding the above- captioned case. Y, I any and Dal Amount Due $24,803.48 SUBTOTAL $24,803.48 [Costs to be added] $ TOTAL $ DAVIS DAVIS ATTORNEYS a pr fes ' nal corporation 16ay.5a 01 0-11 y t. So C 8?? q a. 0 a it y• 0o a a BY: t a. 5 0 k lod Reed es Davis ?d Q Attorne for Plaintiff l? y 50 X16 . ?o LL., e W?? bg??uea WRIT OF EXECUTION NOTICE THIS PAPER IS A WRIT OF EXECUTION. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD OR TAKEN TO PAY THE JUDGMENT. YOU MAY HAVE LEGAL RIGHTS TO PREVENT YOUR PROPERTY FROM BEING TAKEN. A LAWYER CAN ADVISE YOU MORE SPECIFICALLY OF THESE RIGHTS. IF YOU WISH TO EXERCISE YOUR RIGHTS, YOU MUST ACT PROMPTLY. THE LAW PROVIDES THAT CERTAIN PROPERTY CANNOT BE TAKEN. SUCH PROPERTY IS SAID TO BE EXEMPT. THERE IS A DEBTOR'S EXEMPTION OF $300. THERE ARE OTHER EXEMPTIONS WHICH MAY BE APPLICABLE TO YOU. ATTACHED IS A SUMMARY OF SOME OF THE MAJOR EXEMPTIONS. YOU MAY HAVE OTHER EXEMPTIONS OR OTHER RIGHTS. IF YOU HAVE AN EXEMPTION, YOU SHOULD DO THE FOLLOWING PROMPTLY: (1) FILL OUT THE ATTACHED CLAIM FORM AND DEMAND FOR A PROMPT HEARING. (2) DELIVER THE FORM OR MAIL IT TO THE SHERIFF'S OFFICE AT THE ADDRESS NOTED. YOU SHOULD COME TO COURT READY TO EXPLAIN YOUR EXEMPTION. IF YOU DO NOT COME TO COURT AND PROVE YOUR EXEMPTION, YOU MAY LOSE SOME OF YOUR PROPERTY. 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 Cumberland County Bar Associat 32 South Bedford Street Carlisle, PA 17013 TELEPHONE: 717/249-3166 4 -?,-OFFICE T IE PROTHONOTAR`. 2011 MAR -7 PM 3: 5 CUMBE NSYLypC,N1A OUNTY PEN IN THE COURT OF COMMON PLEAS OF&IrobP TOUNT'Y' COMMONWEALTH OF PENNSYLVANIA LL? SUC[2SS0? !17 CIVIL ACTION - LAW A) A No, 20/0-37X0 (11 VJ Term }'laintiff VS No. /D?Q'?r ck ? - /5 Q S 0 m ' Defendant WAIVER OF WATCHMAN Any Deputy Sheriff Levying upon or attaching any property 1.1nder this Writ may leave sa-me without a watchman, in custody of whomovPr is found in possession, after notifying such person `,of s,iah levy and attachment, without liability on the part of Deputy or the Sheriff to arty Plaintiff herein for any loss, dest.ror.tion or removal of any such property Before Sheriff's Sale thereof, (Bed j arrleS 06Lk-is ttorney for the Plaintiff oof ?uirr?Pr?? CI RONNY R. ANDERSOi,J Sheriff JODY S. SMITH Chief Deputy To RICHARD W. STEWART Solicitor OFFICE OF THE SHERIFF C-1 c N One Courthouse Square, Room 303 r+1'-? Carlisle, Pennsylvania 17013 = ?'- `vr- r-z <Q -+a =-n July 1, 2011 z4 a =° m CACH LLC I Q vs -< vh Patrick Basom Writ No. 2010-3780 Property Claim Determi nation It May Concern: eference is made to Property Claim dated June 22, 2011, entered by Patricia M. Basom, Writ of Execution No. 2010-3780 Civil Term, CACH LLC vs. Patrick Basom. in the y R. Anderson, Sheriff, has determined that the claimant, Patricia M. Basom, mentioned property claim, is the owner of the property set forth in the claim. By cc Reed Jar Patrick I Patricia Davis, Atty for. Plaintiff om, Defendant Basom, Claimant dersQ i, Sheriff So Answers: NOTICE OF PROPERTY CLAIM LLC In the Court of Common Pleas Cumberland County, Pennsylvania VS Patricl A. Basom No. 2010-3780 Civil Term Writ of Execution TOT E DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attac ed hereto has been filed by Patricia M. Basom, claiming property listed therein. Unless an appraisal of the property is requested within (10) days from he date of this notice, the Sheriff without making an appraisal will ccept the value of the property set forth in the claim. Date 06-22-10 S e ' of Cumberl nd County By Cc Ree James Davis, Atty for Plaintiff Patr ck Basom, Defendant Patr cia M. Basom, Claimant PROPERTY CLAIA1 C A C O iLQ c 16AA In the Court of Common Pleas of Cumberland County, Pennsylvania Wnt uo. 3 -T xc TO THE SHERIFF F CUMBERLAND COUNTY, PENNSYLVANIA The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list o the claimed property and the values thereof are: LIST OF PROPER Y VALUE 1 1 ?z _ i E i 6;" e tom, S ?L ?A?1/l / y cv7? A cry L4 c)- ? D OMB d,7V ?5 d a 0)'154FI- (?l -)re- /I ? 7 ,5 ? 9 i v 2X` 60 THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: L PC -MAII I .7-b l/5 o 02 49a,1 C< c s 6 2 Date_ 1 Claimant State of Pennsylvami : County of Cumberlan d being duly sworn according to law, deposes and says that the above list in the prop rty claim are correct and true. s Thi day of Claimant N R OTARY PUBLIC /?/// erland County s orr , My C mmission Expires April 4, 2013 /L' l? i' /7 ,1/1 ,) 41 L 104 /7.i)// L /-I/I1 f- i .- - L E L r -1 5rt ? rv M? i. I-V 2?4±??? ??i rte- ? t ? ? V U ? C=y? Cti i rV?j' V ??t t DD,?p?t?s mac" ?sz L' V z1v 2? ? IT P? cp j ?4 4?e- t t A-MP5 CoAt25 7"i/ COA P Df Ik , nojaff-f )pgx Rc-faj D$E - COW pal' Pfrft.a stle6.*a P??S P?sst,?. cc-t?ec?s? M':se- , r? rte'-ft? s _OVA &Py? iii fZ uv AA S'D I? -ov w? ?o Fa P4/ D,+ , A2c. k(Eav 6 Ii 7- s?O- 4-0 FvL? C-t») (2? y ? any z (D? flito T*8L, 2 C?M,2g2D?? rot` LLS 3 v?r, BED ? o-a) q -ra A .?3 0 X30 °? ?za ?O ctirFMi}rF ? S S POO ? 5,0 qv- zv cv 1 C air rle-acute 4f f Sad 1/,?t <<v cl,-7 v^%r' l 4e ?? $0? ? as dp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH LLC successor in interest to BANK OF AMERICA, N.A., CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY Plaintiff, vs. PATRICK A. BASOM, Defendant NO.: 2010-3780 CIVIL TERM --a 3 = --a m rn ? x ? TYPE OF PLEADING: Plaintiff's Objection to Propeo?Vl aiiu c? of Patricia M. Basom ? MC) Y .7 ? CODE - cry ?.i Filed on behalf of: CACH LLC successor in interest to BANK OF AMERICA, N.A. Counsel of record for this Party: Reed J. Davis, Esquire Pa. I.D. 400501 Reed James Davis, Esquire Pa. I.D. #64343 DAVIS DAVIS ATTORNEYS a professional corporation 393 Vanadium Road, Suite 300 Pittsburgh, PA, 15243 (412) 489-1400 181 \CA000304\11062701.obclaim.rsk.wpd • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH LLC, successor in interest to BANK OF AMERICA, N.A., CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY Plaintiff vs. PATRICK A BASOM, Defendant NO.: 2010-3780 CIVIL TERM PLAINTIFF'S OBJECTION TO PROPERTY CLAIM OF PATRICIA M. BASOM Plaintiff, CACH LLC, successor in interest to BANK OF AMERICA, N.A. hereby objects to the property claim filed at the above term and number by Patricia M. Basom on June 22, 2011. Plaintiff's counsel demands receipts showing proof of ownership of all items set forth in the property claim. By: DAVIS DAVIS ATTORNEYS a prof`ssiqp4 corporation Reed Jam?4Davis Counsel for Plaintiff 393 Vanadium Road, Suite 300 Pittsburgh PA 15243 (412) 489-1400 181\CA000304\1 1062701.obc1aim.rsk.wpd • CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy ofthe within Plaintiff's Objection to Property Claim of Patricia M. Basom was served by regular United States mail, postage pre-paid, this day of June, 2011 to: Patricia M. Basom 103 N. 21St Camp Hill, PA 17011 Patrick A. Basom 103 N. 21St St. Camp Hill, PA 17011 Sheriff of Cumberland County 1 Courthouse Square Carlisle, PA 17013 Pa. ID # 64343 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 (412) 489-1400 Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY , R Anderson .iff OFFICE -r E OF THE FILED-OFFICE Jody S Smith Chief Deputy Richard W Stewart Solicitor Cach, LLC vs. Patrick A. Basom 2012 FEB 2 ! AM 8: 13 CUMBERLAND COUNTY PENNSYLVANIA Case Number 2010-3780 SHERIFF'S RETURN OF SERVICE 03/17/2011 01:32 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Marcl- 17, 2011 at 1332 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Patrick A. Basom, in the hands, possession, or control of the within named garnishee, Citizens Bank, 665 N Ealt Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Jessica Webb, Teller Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 22, 2011 to Patrick A. Basom at 103 N. 21st Street, Camp Hill, PA 17011. 06/07/2011 06:23 PM - Michael Barrick, Deputy, being duly sworn according to law, states that on June 07, 2011 at 6:23 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Patrick A. Basom at 103 N. 21st Street, Camp Hill Borough, Camp Hill, PA 17011, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on June 13, 2011. 06/22/2011 On June 22, 2011, at 1144 hours, a property claim was filed by Patricia M. Basom. All parties notified by mail this date. 07/12/2011 Objection to Property Claim filed by Attorney Reed. Notified defendant on 7/12/11. 02/17/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $203.92 SO ANSWERS, Ili • ?:???'/-?"??-------"? February 17, 2012 RON R ANDERSON, SHERIFF Fly ?? - 27/,xs'7 ;r.(]gptlrySlito Sher?ff 1E,eo<oit.Ir=r,.