HomeMy WebLinkAbout10-436014
38
C; 11.
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. (c)- V36,6 L'.1vi ?T
ISSUE NO.
TYPE OF PLEADING: Complaint
in Civil Action
CODE:
WILLIAM A KLUSMAN III,
Defendant.
F:ADOCS\181\CA000492\100505.COMP ECS
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. 464343
DAVIS DAVIS ATTORNEYS
a professional corporation
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
412-489-1400
CA000492
G
41am Pt mlr
0,11I1y1D
II
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CACH LLC successor in interest to
BANK OF AMERICA, N.A.,
NO:
Plaintiff,
vs.
WILLIAM A KLUSMAN III,
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.,
NO:
Plaintiff,
vs.
WILLIAM A KLUSMAN III,
Defendant.
COMPLAINT IN CIVIL ACTION
AND NOW comes CACH LLC, successor in 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. WILLIAM A KLUSMAN III is an adult individual whose last known residence is
110 HELEN AVE SHIPPENSBURG PA 17257-8224; hereinafter referred to as "Defendant "
3. Defendant applied to BANK OF AMERICA, N.A. for a credit card.
4. On or about September 21, 2007, 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 $4,959.94 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 29.99% per
annum from June 21, 2009.
10. Under the terms of Exhibit "A", Defendant agreed to pay Plaintiffs costs of
collection, including attorneys fees, which Plaintiff avers to be $991.98.
WHEREFORE, Plaintiff demands judgment against the Defendant in the sum of
$5,951.92 plus interest from June 21, 2009, plus costs.
VIS VIS ATTORNEYS
a p ofe sio 1 corporation
By: v
Reed James Davis
Attorney for Plaintiff
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
412-489-1400
CA000492
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Prepared for WILLIAM A KLUSMAN III
AccountNumber• 5490 3569 9900 2779
Summary -_ I
Transactions
Previous Balance $5,259.94
Payments and Credits - $5,259.94
Purchases and Adjustments + $0.00
Periodic Rate Finance Charges + $0.00
Transaction Fee Finance Charges + $0.00
New Balance Total $0.00
Billing Cycle and Payment Information
Days in Billing Cycle 48
Closing Date 06/26/09
Payment Due Date 07/23/09
Current Payment Due $0.00
Past Due Amount + $0.00
Total Minimum
Payment Due
WorldPoints ?M?
Forinformavon on YourAccount Visit
www. bankofamerica.com
Call toll-free 1-800-789-6685
TDD hearing-impaired 1-800-346-3178
Mail Payments to.,
BANK OF AMERICA
P.O. BOX 15019
WILMINGTON, DE 19886-5019
Mail Billing Inquiries to:
BANK OF AMERICA
P.O. BOX 15026
WILMINGTON, DE 19850-5026
Promotional Posting Transaction Reference Account -
Payments and Credits Offer ID Date Date Number Number Amount
PAYMENT - THANK YOU 06/04 300.00 OR
ZERO CURBL ON SOLD ACCT 06/10 06/10 4,959.94 OR
Purchases and Adjustments
+ TRANS FROM 5490356017999378 5,259 06/26 06/26 0.00
Promotional Corresponding Annual APR Balance Subject to
Category Transaction Types Daily Periodic Rate Percentage Rate Type Finance Charge
Balance Transfers 0.000000% 0.00% T
Cash Advances 0.000000% 0.00% T
Purchases 0.000000% 0.00% T
Annual Percentage Rate for this Billing Period: See Corresponding
(Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds Annual Percentage
the Corresponding APR above.) Rate Above
APR Type Definitions: APR Type: T= Temporary APR (APR for special circumstances)
23 0000000000000000000300000005490356999002779
? Check here for a change of mailing address or phone number(s).
Please provide all corrections on the reverse side.
BANK OF AMERICA _._--
P.O. BOX 15019 -_--
WILMINGTON, DE 19886-5019 ACCOUNTNUMBER: 5490356999002779
WILLIAM A KLUSMAN III
110 HELEN AVE
SHIPPENSBURG PA 17257-8224
P?
-EXHIBIT
June 2009 Statement
Credit Line: $0.00
Cash or Credit Auailable:
NEWBALANCE TOTAL: $0.00
PAYMENT DUE DATE.• 07/23/09
Ent-PaY-d A-rd Enclosed-
Mail this payment coupon along with a
check or money orderpayable to: BANK OFAMERICA
1: 5 2 40 2 2 2 50II: L 588 6 9 9 900 2 7 7 911'
0
N
IMPGRTANT 1NFORMAT/ON ABOUT TH/S ACCOUNT
---- USE211 4T
a,u0I UmeK aIAICHIAMI OF DISPUTED ITEM - Please call
Time) and Saturday 8am-6pm (Eastern Time). For prompt service
PLEASE DO NOT ALTER WO
Your Name:
Transaction Date:
Amon r S.
THIS FORM AND DO
free 1.866.266.0212 Monday-Thursday 8am-9pm (Eastern Time), Friday Barn-7prn (Eastern
se have the merchant reference number(s) available for the charge(s) in question.
LETTER OR FORM WITH YOU]
Account Number:
Reference Number:
Merchant Name: -
Posting Date: _
Disputed Amount
I? 1. The amount of the charge was increased fromS to$ or my sales
slip was added incorrectly. Enclosed is a copy of the sales slip that shows the correct amount.
0 2.1 arts(fy that the charge fisted above was not made by me or a person authorized by me to use my card, nor
wen the goods or services represented by the transaction received by me or a person authorized l y me.
3.1 have not received the merchandise that was to be shipped to me on /_ / (,Mh1 DD YYJ.
I have asked the merchant to credit my accounr.
4.1 was issued n crcxl r slip that was not shown on my statement. A copy of my credit slip is enclosed.
The merchant has up m 30 days to credit your account.
0 5. Merchandise that was shippppeed to me has arrived china red an(/or defective./ returned iron
(M,% DNY) and asked the mere: t to credit my account. Attach a letter describing
how the merchandise was damaged and/or defective and a copy of the proof of return.
0 6. Although I did engage in the above transaction, l haveco tacted the merchant, returned the merchandise
on ( Mi
_ 1 (VIIDD/YY) and requested a credit. ) either did not receive this credit or it was
unsay star oar: Attach letter explaining why you are disputing this charge with a copy of the proof of
return. If you are unable to return the merchandise, please explain.
0 7.1 certify that the charge in question was a single transaction, but was posted twice to my statement.
I did not authorize the second transaction. Sale #1 S Reference #
Sale #2 S Reference #
GRACE PERIOD
"Grace Period" means the period of time during a billin cycle when you will not accrue
Periodic Rare Finance Charges on terrain transactions or balances. /here is no Grace Period for
Balance Transfers and Cash Advances. If you pay in frill 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 Gracie Period during the billing cycle that began the day after
this statement's Closing Date on the Purchase portions of this statement's New Balance Total.
During a 0',, Promotional Rate Offer: 1) no Periodic Rate Finance Charges accrue on
balances with the 0% Promotional Rate; and 2) you must pay the Total Minimum Payment
Due by its Payment Due Date land avoid any other "promotion tum-off everit" as defused in
your Credit Card Agreement) to maintain the 0% Promotional Rate.
- 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 balances: l) the 0%
Promorional Rate will expire at 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 Rate Offer on those balances existing as of the Closing
Date of this statement.
CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE
Average Balance Method (including new Balance Transfers and new Cash Advances):
We calculate separate Balances Subject to Finance Charge for Balance Tiansfers, Cash Advances,
and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. 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 balance" - a Pre-Cycle balance is a Balance "Fransfer or 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) addin i all the daily balances to tether; and (4) dividing the stem of the daily balances by
tlae ? un er oEc ays in this statement's biIlin}, cycle.
To calculate the daily balance for each day in dus statement's bill to =cycle, we take the
beginning balance, add an amount equal to the applicable Daily Perioic Rate multiplied by the
previous day's daily balance, add new Balance Transfers, new Cash Advances and 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 balance, we take the beginning balance attributable solely to Pre-Cycle balances (which
will be zero on the transaction date of the first Pre-Cycle balance), 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 balances, and their related Transaction Fces- We exclude from this
calculation all transactions posted in previous billing cycles.
Average Daily Balance Method (including new Purchases): We calculate separate Balances
Subject to Finance Charge for Purchases and for each Promotional Offer balance consisting of
Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2)
adding all the daily balances together; and (3) dividing the sum of the daily balances by the
number of days in the billing cycle.
PAYMENTS
We credit payments as of the date received, if the payment is 1) received by 5 p.m.
(Eastern Time), 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 5 p.m. on any day
including the Payment Due Date, but that otherwise meet the above requirements, will be
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 be 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. Pesch 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 its at the number listed on the front.
If you have authorized its to pay your credit card bill automatically from your savings or
checking account with us, you can stop the payment on any amount you think is wrong. To
stop the payment your letter must reach its at least three business days before the automatic
payment is scheduled to occur.
one dispute reason.
0 R. I notified the merchant on-/ (MM/DD/YY) to cancel the pre-authorized order
(reservation). Please note cancellation # and if available, enclose a copy of your crmrract and a
copy of your telephone bill showuig dateand tune of cancellation. Reason for cancellation /cancellation #:
9. Although ]did engage in the above transaction, I have contacted the merchant for credit. The services to Fe
provided on /__ / (;vI,M DDA Y) were not received or were unsatisfactory: Attach a letter
describing the services expelled, your attempts to resolve with the merchant and a copy of your contract.
111. I certify that I do not recognize the transaction. Merchants often provide telephone numbers next to their
name on your billing statement. Please attempt to connhcr the merchant for information.
11. If your dispute is fora different reason, please contact us at the above telephone number.
Signature (required): Date:
Best contact telephone #: Home#:
Billing rights are only preserved by written inquiry. To preserve your billing rights, please return a
cop}' oft his form and any supporting information regarding the merchant charge in question to:
Attn: Billing Inquiries, P.O. Box 15026, Wilmington, DE 0850-5026, USA,
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS SLaiFMENC.
7b calculate the daily balance for each day in this statements billing= cycle, we take the
beginning balance, add an amount equal to the applicable Daily Periodic Rate multiphed by die
previous clays daily balance, add new Purcha es, new Account Fees, and new't' ansact on Fees,
and subtract apphaable payrents tad credits. If any daily balance is lesv than zero we tear it as
zero, if the Previous Balance shown on this statement was paid in full in th s statement's billing
cycle, then on the day after that payment in full des e, we exclude from the beg nning Inlance
new Pruchases, new Aa ount Fees, and new Transaction Fees which p stet on or before that
payment in full date, and we do not add new Purchases, new Account lees, or new' Gansution
Fees which Ix>st after that payment in full date.
We include the costs for the credit card debt cancellation plan or credit insurance purchased
through us in calculating the beginnin = balance for the first day of the billing cycle after the
billing cycle in which such costs are bred.
TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine
the Periodic Rate Finance Charges, we inultiply each Balance Subject to Finance Chage by its
applicable Daily Periodic Rate and that result by the 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 together. Each Daily Periodic Rare 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 most instances, we will
allocate your payments to balances (including transactions made after this statement) with lower
APRs before balances with higher APRs. This will result in balances with lower APRs (such as
new balances with promotional APR offers) 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 order to help maintain
any promotional rates, to avoid the imposition of Default Rates (if applicable), to avoid late fees,
and to avoid overlimit fees, we must receive at least the total Minimum Payment Due by its
Payment Due Date each billing cycle and you must maintain your account balance below your
Credit Limit each day.
Important Information about Payments by Phone
When using the optional Pay-by-Phone service, you authorize us to initiate an electronic
payment from your account at the financial institution you desigmite. You must authorize the
amount and timing of each payment. For your protection, we will ask for sectuity hafonnation.
A fee may apply. To cancel, call us before the scheduled payment date. Same-day paynscnrs
cannot be edited or canceled.
MISCELLANEOUS
For the complete terms and conditions of your account, consult your Credit Card
Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued
and administered by FIA Card Services, N.A.
If your billing address or contact information has changed, or if your
address is incorrect as it appears on this bill, please provide all
corrections here.
Address 1
Address 2
City
State
Area Code &
Home Phone
Area Code &
Work Phone
Zip
m
N
0
N
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 IS Pa.
C.S. §4904 relating to unsworn falsification to authorities.
Date: .517 //6'
Reed Ja 'es Davis, Esquire
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
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Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Cach, LLC
vs.
William A. Klusman, III
Case Number
2010-4360
SHERIFF'S RETURN OF SERVICE
07/09/2010 Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2010 at
1115 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant,
to wit: William A. Klusman III, by making known unto himself personally, at The Cumberland County
Sheriffs Office, 1 Courthouse Square Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its
contents and at the same time handing to him personally the said true and correct copy of the same.
William A. Klusman III currently resides at 114 Middle Spring Avenue, Shippen burg, PA 172~57~
~Ke;/~--~.~
STEPHEN BENDER, DEPUTY
SHERIFF COST: $46.00
July 09, 2010
SO ANSWERS+
RON R ANDERSON, SHERIFF
f.c) CountySuite Sheriff. Teleosoft. Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CACH LLC successor in interest to BANK
OF AMERICA, N.A.,
Plaintiff,
vs.
WILLIAM A KLUSMAN III,
Defendant
I hereby certify that the true
and correct address of the
Plaintiff is:
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
NO.: 10-4360 CIVIL TERM
ISSUE NO.
TYPE OF PLEADING: PRAECIPE,
FOR DEFAULT JUDGMENT
t>, , ,
CODE:
E5
--?
FILED ON BEHALF OF: Plaintiff,
CACH LLC successor in interest to
BANK OF AMERICA, N.A.
4340 S Monaco St 2nd fl
Denver CO 80237
and the last known address of the
Defendant is:
110 HELEN AVENUE
S E URG PA 17257-8224
Attorn for Plaintiff
F:ADOCS\181\CA000492\10091601. UD lad
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CACH LLC successor in interest to BANK ) CIVIL DIVISION, ARBITRATION
OF AMERICA, N.A., ) AND STATUTORY APPEALS ONLY
Plaintiff,
vs.
WILLIAM A KLUSMAN III,
Defendant.
TO:PROTHONOTARY
SIR:
NO.: 10-4360 CIVIL TERM
Please enter judgment by default against the above-named defendant, WILLIAM A
i
KLUSMAN III, for failure to plead.
i
Principal claimed in Complaint $4,959.94
with interest at the rate of 29.99%
per annum from June 21, 2009 through j
September 16, 2010 $2,540.35
Attorney's Fees $991.98
TOTAL 8 4$ 92.27
with continuing interest on the judgment amount of
$8,492.27 at the rate of 6.00% per annum from
September 16, 2010, plus costs.
i
DAVIS DAVIS ATTORNEYS
a p al corporation
BY:
Reed Ja es Davis
Attorney for Plaintiff
o4o Po airy
0- * //gm
e':2 851
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.
- Q1'14fZ-- - -
Reed Ja es Davis
Sworn to and subscribed before me
the I day of September, 2010
A? (nq-
No ary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
undsey Duderv, Notary Public
Scott Twp., AB PWW County
My CAmmllslon Bow May 14, 2014
Member. Pe ws*anla Assodadon of Notaries
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.
WILLIAM A KLUSMAN III,
Defendant.
TO: WILLIAM A KLUSMAN III
10 HELEN' AVE
SHIPPENSBURG PA 17257-8224
NO. 10-4360 CIVIL TERM
DATE OF NOTICE: July 29, 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 Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717/249-3166
BY:
R Jam s Davis
Attorney for Plaintiff
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
(412) 489-1400
DAVIS DAVISTTORNEYS
a professional c gyration
1 ?-
F:/DOCS/181/CA000492/10 DAY ECS
OF THE PROTHONOTARY
2011 APR -6 AM 11: 2 1
CUMBERLAND COIJNT'r"
PENNSYLVANIA
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.
No: 10-4360 CIVIL TERM
TYPE OF PLEADING:
Plaintiff's Motion to Compel Answers to
Interrogatories
WILLIAM A KLUSMAN III,
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, Esquire
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
CA000492
F:ADOCS\181\CA000492\110331.mot compAl
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CACH LLC successor in interest to
BANK OF AMERICA, N.A.,
NO: 10-4360 CIVIL TERM
Plaintiff,
vs.
WILLIAM A KLUSMAN III,
Defendants
CERTIFICATE OF CONCURRENCE
Concurrence in this matter was not sought as there is no opposing counsel. The Defendant has not
answered the Interrogatories in Aid of Execution, which were sent to him on October 15, 2 010.
.A Judge of the Court of Common Pleas of Cumberland County has not ruled on any matter related to
this case.
DAVIS DAV TTORNEYS
a a fe ssiaoration
By:
Reed James vis, Esquire
Attorney for Plaintiff
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
(412) 489-1400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CACH LLC successor in interest to
BANK OF AMERICA, N.A.,
NO: 10-4360 CIVIL TERM
Plaintiff,
vs.
WILLIAM A KLUSMAN III,
Defendant
PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES
AND NOW, comes the Plaintiff, by and through its attorneys, Davis Davis Attorneys, a professional
corporation, and Reed James Davis and moves this Honorable Court to enter an order compelling Defendant
to provide full and complete answers to interrogatories and in support thereof avers as follows:
Judgment was filed against the Defendant on or about September 21, 2010.
2. On or about October 15, 2010, Plaintiff's First Set of Interrogatories in Aid of Execution was
mailed to Defendant.
3. More than 40 days have passed and Defendant has not answered Plaintiff's Interrogatories.
WHEREFORE, Plaintiff moves that an Order be entered in the form attached.
DA DA?VIISAATTORNEYS
a rio4ial mnratinn
By: _ '--I
Reed Jam4Davis, Esquire
Pa. I.D. #64343
Attorney for Plaintiff
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
(412) 489-1400
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the within Plaintiff's Motion to Compel
Answers to Interrogatories was served by United States mail, postage pre-paid, this 41-1h day of
2011, to:
WILLIAM A KLUSMAN III
110 HELEN AVE
SHIPPENSBURG PA 17257-8224
Pa. ID # 64343
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
(412) 489-1400
Attorney for Plaintiff
s ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CACH LLC successor in interest to
BANK OF AMERICA, N.A.,
Plaintiff,
vs.
WILLIAM A KLUSMAN III,
Defendant.
c o
?
NO: 10-4360 CIVIL TERM
=rn -v
-
or"
fl°
o
? a
a o A
a c:) -n
c=z`
c .
ORDER
AND NOW, this day of Arvi-11 , 2011, upon consideration of Plaintiff's
Motion to Compel Answers to Interrogatories, it is hereby ordered and directed that Defendant shall provide
wyi ce
full and complete responses to said discovery requests within fifteen (15) days of *mdor of this Order or
shall suffer such sanctions as the Court shall deem appropriate.
??k?J?B his,
Id?m A . KI us m", 1?
C'0pie$
BY THE COURT:
J.
CA000492
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CACH LLC successor in interest to BANK
OF AMERICA, N.A.,
Plaintiff,
Vs.
WILLIAM A KLUSMAN III,
Defendant.
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
NO. 10-4360 CIVIL TERM
ISSUE NO. ?
rn.
n
TYPE OF PLEADING: Affid r
f,
Service r
<>
V,
C-)
r" 2- -?c:)
CODE: <CD
A .?
N om
-k
e N
w
:
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
181 \CA000492\ 11041101.affsvc.rsk. wpd
CA000492
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.
WILLIAM A KLUSMAN III,
Defendant.
NO: 10-4360 CIVIL TERM
AFFIDAVIT OF SERVICE
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, who being duly sworn according to law, deposes and
says that he mailed a true and correct copy of the Order of Court dated in the above captioned
case, by regular, United States Mail on the 11`h day of April, 2011 to the following:
WILLIAM A KLUSMAN III
110 HELEN AVE
SHIPPENSBURG PA 17257
Sworn t??,o,??d subscribed before me
this 0 0 y of April, 2011
Notary Public
CO&TH? OF BYLVANIA
Reb*M . notary P-
. County
?• a 12
Perngy A or