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HomeMy WebLinkAbout12-7724UnwtA~th yr IrtnnslrwAniA COURT OF COMMON PLEAS 9TH Judicial District, County Of CUMBERLAND FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. ~a. -~j~',Z,y~f v~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. EQUABLE ASCENT FINANCIAL, LLC ~ 09-3-03 ~ SUSAN K DAY ADDRESS OF APPELLANT CITY STATE ZIP CODE 102 BROWNING LN BLDG B STE 1 CHERRY HILL NJ 08003 DATE OF JUDGMENT IN THE CASE OF (Plaintifn (Defendant)' 12/03/2012 EQUABLE ASCENT FINANCIAL ~g JONATHON S OVER CV-270-2012 This block will be signed ONLY when this notation is required under Pa. R.C. P. D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDERS to the judgment for possession in this case. Signature of Prothonotary or Deputy was C. P.D.J. No. 1001(6) in action fore a Magisterial District Judge, A COMF~AIIVT•:~MU;ST BE FILED f ~ ithin _. , twenty ; ;~ r _M , ~ (20) days after filing the NOTICE of APPE,9t, t`rt "~ ~ r ~~ ` 1~~, ~ ii PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE _ }, r ~~ ~ ~~ ~~' (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R. C. P.D.J. No. 1001(7) in action'7~efoi~Maglstetial District Judge. !F NOT USED, detach from copy of notice of appeal to be served upon appellee. - PRAECIPE: To Prothonotary Enter rule upon Name of appellees) NOTICE OF APPEAL appellee(s), to file a complaint in this appeal (Common Pleas No. )within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To Name of appellees) appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: . 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 ~ic~..is er~+ ycoY ~~ aY~z~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW EQUABLE ASCENT FINANCIAL, LLC : No. Plaintiff vs. JONATHON S OVER : Defendant TERM CIVIL ACTION CERTIFICATION OF SERVICE/COMPLIANCE MATTHEW BUTLER, of full age, hereby certifies as follows: 1. I am a paralegal employed with the SKLAR ~ MARKIND. 2. On I served copies of the Notice of Appeal from District Justice on defendant(s), JONATHON S OVER , by sending them simultaneously by regular mail to: JONATHON S OVER 9 WOOD LN CARLISLE PA 17013-3148 I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. .,--- Dated: ~ /l-v ~i~1~--, MATTHEW BUTLER File No.: H 1017408 ~-~ ~ o t~y~ o~ COMMONWEALTH OF PENNSYLVANIA Notice of JudgmentlTranscript Civil COI~NTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Andrew Sklar, Esq. Sklar~Markind 102 Browning Lane Building B Suite 1 Cherry Hill, NJ 08003 Dispositioln Summary Docket No Plamtaff Defend.~tlt MJ-09303-CV-0000270-2012 Equable Ascent Financial, LLC Jonathon S Over Equable Ascent Financial, LLC v. Jonathon S Over Docket No: MJ-09303-CV-0000270-2012 Case Filed: 10/2/2012 Disposition Disposition Dat - Judgment for Defendant 12/03/2012 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS, THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTK)N WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. a.n- a t ~ ~~~ ~,`~'~' ~~'~ Date Magisterial District Judge Susan K. Day ~""`'~ copy o e recor o e orocee Inns rnn amino o ~~~ nn,n..~ Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 12/03/2012 3:10:25PM Equable Ascent Financial, LLC v. Jonathon S Over Private(s) Andrew Sklar, Esq. Sklar-Mankind 102 Browning Lane Building B Suite 1 Cherry Hill, NJ 08003 Plaintiff(s) Equable Ascent Financial, LLC 102 Browning Ln, Bldg B, Ste 1 Go Sklar-Mankind Cherry Hill, NJ 08003 Defendant(s) Jonathon S Over 9 Wood Ln Carlisle, PA 17013 MDJS 315 Docket No.: MJ-09303-CV-0000270-2012 Participant List Page 2 of 2 Printed: 12/03/2012 3:10:25PM COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Equable Ascent Financial, LLC 102 Browning Ln, Bldg B, Ste 1 c/o Sklar-Markind Cherry Hill, NJ 08003 Disposition Summary Docket No P1> Defenda~ MJ-09303-CV-0000270-2012 Equable Ascent Financial, LLC Jonathon S Over Equable Ascent Financial, LLC V. Jonathon S Over Docket No: MJ-09303-CV-0000270-2012 Case Filed: 10/2/2012 Disoosition i)isoosition Date Judgment for Defendant 12/03/2012 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYlCLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT O.F COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. - ~~ ~~ ~,,,". o. '~ ) ~( Ce*b~ ~ c d" "4 yE• /a ~/~ ~' Date Magisterial District Judge Susan K. Dav Dom; `~~~ ce t a is is a rue an corre copy o e recur o e pro rngs con airnng a lu gmen . Date Magisterial District Judge MDJS 315 Pa e 1 of 2 9 Printed: 12/03/2012 3:10:25PM Equable Ascent Financial, LLC Docket No.: MJ-09303-CV-0000270-2012 v. Jonathon S Over Participant List Private(s) Andrew Sklar, Esq. Sklar~Markind 102 Browning Lane Building B Suite 1 Cherry Hill, NJ 08003 Plaintiff(s) Equable Ascent Financial, LLC 102 Browning Ln, Bldg B, Ste 1 c/o Sklar-Markind Cherry Hill, NJ 08003 Defendant(s) Jonathon S Over 9 Wood Ln Carlisle, PA 17013 MDJS 315 Page 2 of 2 Printed: 12/03/2012 3:10:25PM THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW EQUABLE ASCENT FINANCIAL, LLC 1120 W Lake Cook Rd, Ste B Buffalo Grove IL 60089 Plaintiff V. No. 12-7724 CIVIL JONATHON S. OVER 9 Wood Lane Carlisle, PA 17013 Defendant AND NOW COMES the Defendant, JONATHON S. OVER, pro se, pursuant to Pa. R.C.P. 4005 and 4006, and hereby responds to Plaintiff's Interrogatories as follows: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW EQUABLE ASCENT FINANCIAL, LLC 1120 W Lake Cook Rd, Ste B Buffalo Grove IL 60089 Plaintiff V. No. 12-7724 CIVIL CO JONATHON S. OVER 9 Wood Lane Carlisle, PA 17013 Defendant RESPONSE TO PLAINTIFF'S INTERROGATORIES Jonathon S. Over, Defendant in the above case, responds as follows to the Interrogatories of Plaintiff, Equable Ascent Financial, LLC: Interrogatory No. 1: State whether You ever applied to obtain the Account. If the answer to the interrogatory is Yes, include in Your response the date You applied for Your Equable Ascent Card and the manner in which You applied for Your Equable Ascent Card. Response to Interrogatory No. 1: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 2: State whether You received and/or used the Equable Ascent which enabled items to be charged to the Equable Ascent Card Account bearing the number. If the answer to the interrogatory is Yes, include in Your response the date You received and began using Your Equable Ascent Card. Response to Plaintiffs Interrogatories Page 1 of 10 Response to Interrogatory No.2: Denied. Interrogatory No. 3: State if You ever received from Equable Ascent any agreement, contract, or document regarding the terms or conditions of the Account and the date You received each such agreement,contract, or document, and produce copies of same. Response to Interrogatory No.3: Denied. Interrogatory No. 4: Identify any Third Party that authorized You, and/or that You authorized to make charges to the Account, and include in Your response the amount the Third Party authorized You to charge, the amount You authorized to charge, the identity of the Third Party and the name, telephone number, last known residential and business address of the Third Party. Response to Interrogatory No. 4: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 5: State if You did not receive from Equable Ascent any monthly statement regarding Your Account, and if so, include in Your response the months You did not receive monthly statements on Your account, whether You provided Equable Ascent with any notice that You were not receiving monthly statements on Your Account and set out in detail the date and contents of the notice You provided to Equable Ascent. Response to Interrogatory No. 5: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 6: Do You dispute the validity of any of the charges to Your Account? If so, for each such disputed charge, set forth the date, amount, identity of the Response to Plaintiffs Interrogatories Page 2 of 10 Merchant and all of the underlying facts for each charge You dispute, whether You communicated Your dispute with Equable Ascent and any actions Equable Ascent took or failed to take as a result of Your dispute. Response to Interrogatory No. 6: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 7: For each charge to Your Account that You dispute, what steps, if any, did You take to dispute such charge directly with the Merchant that assessed the charge to Your Account including the date You disputed the charge with the merchant, the amount of the disputed charge and the contents of all communications You had with any Merchant concerning a dispute charge. Response to Interrogatory No. 7: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 8: Set forth in detail each and every communication including the time, date and manner of communication that relates or refers to each and every dispute of charges to Your Account and what was the outcome of these disputes. Response to Interrogatory No. 8: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 9: Did You dispute the validity of any of these charges to Your Account to any Third Party? If so, for each such disputed charge, set forth the date, amount, identity of the Merchant and all of the underlying facts for each charge You dispute, the name, Response to Plaintiffs Interrogatories Page 3 of 10 address, and telephone number of any Third Party You communicated with, and the outcome of these disputes. Response to Interrogatory No. 9: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 10: Set forth in detail each and every communication between you and Equable Ascent regarding the Account including any and all charges to Your Account, the natural person representing Equable Ascent You communicated with and the date, time, manner and contents of such communication. Response to Interrogatory No. 10: Defendant states that after a reasonable inquiry, the information. known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 11: Set forth in detail each and every communication between you and any Third Party regarding the allegations in the Complaint and/or the answer including the date, time, manner, contents of Your communication, and the name of the person and company You communicated with. Response to Interrogatory No. 11: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 12: Identify any Third Party that has pertinent knowledge regarding any of the allegations set forth in the Answer and/or the Complaint, and indicate the name of the Third Party, the substance of the Third Party"s knowledge, the nature of the Third Party"s relationship to You and how the Third Party obtained the pertinent knowledge. Response to Plaintiff's Interrogatories Page 4 of 10 Response to Interrogatory No. 12: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 13: Are there payments made by You to Your Account which You believe have not been credited by Equable Ascent? If so, please state the date each payment was made, the amount of each payment, the manner in which each payment was made, whether You communicated with Equable Ascent that payment was made and not credited to Your Account and the actions Equable Ascent took or failed to take regarding each payment. Response to Interrogatory No. 13: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 14: Set forth in detail each communication You had with Equable Ascent regarding payments You believe were not credited to Your Account, including the date, time, manner, contents of each communication and the natural person representing Equable Ascent who You communicated with. Response to Interrogatory No. 14: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 15: Set forth in detail each communication You had with any Third Party regarding payments You believe were not credited to Your Account, including the date, time, manner, contents of each communication and the name of the person and/or company You communicated with. Response to Plaintiff's Interrogatories Page 5 of 10 Response to Interrogatory No. 15: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 16: Did You ever enter into any payment agreement or payment plan of any king regarding the Account which addressed any dispute or debt with any Third Party? If the answer to this Interrogatory is Yes, please state the date and terms of the payment plan, the names, addresses and phone numbers of the signatories and the substance of the payment plan. Response to Interrogatory No. 16: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 17: Did any Third Party make any payments on Your behalf to Your Account? If the answer is Yes, please state the name, address and telephone number of each Third Party who made payments on Your behalf, the date and amount of each payment made, and the method by which each Third Party made payment. Response to Interrogatory No. 17: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 18: Did You ever communicate with any credit reporting agency regarding the Account or any dispute with Equable Ascent? If the answer is Yes, then detail for each communication the date, manner of such communication, the name and company of the person You communicated with,the contents of the communication and any communication You received in response to Your communication. Response to Plaintiff's Interrogatories Page 6 of 10 Response to Interrogatory No. 18: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 19: Have You applied for any other credit cards, or extensions of credit since the opening of the Account? If the answer is Yes, then specify for each application the date of each application, the company, bank or Third Party You applied to, the nature of the application and any response You received in response to Your application. Response to Interrogatory No. 19: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 20: Have You applied for any loan since the opening of the Account? If the answer is Yes, then specify for each loan application the date of the application, the company, bank or Third Party who you applied to, the manner of the application and any communication You received in response to the application. Response to Interrogatory No. 20: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 21: Did you ever communicate with any law enforcement agency regarding the Account or any dispute with Equable Ascent? If the answer is Yes, then detail for each communication the date and manner of such communication, the contents of such communication and any communication You received in response to Your communication. Response to Plaintiff's Interrogatories Page 7 of 10 Response to Interrogatory No. 21: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 22: Did you ever communicate with any city, state, or federal agency regarding the Account or any dispute with Equable Ascent? If the answer is Yes, then detail for each communication the date, manner and contents of such communication, the name of the person or agency You communicated with and any communication You received in response to Your communication. Response to Interrogatory No. 22: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Interrogatory No. 23: Identify all persons whom You expect to call at trial as fact witnesses including the name and address of each person, the relationship of each person to You and the factual basis/nature of each person's testimony. Response to Interrogatory No. 23: Objection. Interrogatory No. 23 is objected to by Defendant to the extent that it is seeking information that is premature, given that the parties are in the midst of discovery, and pertinent documents have not yet been produced by Plaintiff. Without waiving his objection, Defendant at this time has no witnesses, but reserves the right to call witnesses, if need be, once Plaintiff answers its Discovery given by Defendant. Interrogatory No. 24: Identify all persons whom You expect to call at trial as expert witnesses, and, as to each expert set forth the subject matter the expert is expected to testify about, the substance of the facts and opinion to which the expert is expected to testify, the field of expertise of the expert and the qualifications and training of the expert. Response to Plaintiff's Interrogatories Page 8 of 10 Response to Interrogatory No. 24: Objection. Interrogatory No. 24 is objected to by Defendant to the extent that it is seeking information that is premature, given that the parties are in the midst of discovery, and pertinent documents have not yet been produced by Plaintiff. Without waiving his objection, Defendant at this time has no witnesses, but reserves the right to call witnesses, if need be, once Plaintiff answers its Discovery given by Defendant. Response to Plaintiffs Interrogatories Page 9 of 10 VERIFICATION I swear or affirm that the foregoing Responses to Plaintiff's Interrogatories are true and correct to the best of my knowledge, information and belief. I understand that false statements in these Responses are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: °2 ' S�rL� Jonat on S. Over 9 Wood Lane Carlisle, PA 17013 Response to Plaintiffs Interrogatories Page 10 of 10 Commonwealth of Pennsylvania ) )SS: County of ) On this, the _day of , 20_L6 before me a notary public, the undersigned officer, personally appeared o n � �� �� f , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the, purposes therein contained. In witness hereof, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL PJIOrRGAN REMARK,Notary Public ;Art sl4 Borough,Cumberland county I cu.;;,5;uti Fxp►res September 6,X15 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION— LAW EQUABLE ASCENT FINANCIAL, LLC 1120 W Lake Cook Rd, Ste B Buffalo Grove IL 60089 Plaintiff V. No. 12-7724 CIVIL JONATHON S. OVER 9 Wood Lane Carlisle, PA 17013 Defendant AND NOW COMES the Defendant, JONATHON S. OVER, pro se, pursuant to Pa. R.C.P. 4014, and hereby responds to Plaintiff's Request for Admissions as follows: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW EQUABLE ASCENT FINANCIAL, LLC 1120 W Lake Cook Rd, Ste B Buffalo Grove IL 60089 Plaintiff V. No. 12-7724 CIVIL JONATHON S. OVER 9 Wood Lane Carlisle, PA 17013 Defendant RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS Jonathon S. Over, Defendant in the above case, responds as follows to the first Request for Admissions of Plaintiff, Equable Ascent Financial, LLC: Request No. 1: Admit that there is presently due and owing, from the Defendant to the Plaintiff the following sum on the following account: Chase Bank USA, N.A (WAMU) Card Account(Account No. )—Amount owed: ($5,050.41) Response to Request No. 1: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Request No. 2: Admit that pursuant to the Card Agreement the Plaintiff is entitled to interest, court costs, costs of collection and reasonable attorney's fees. Response to Plaintiff's Request for Admissions Page 1 of 4 Response to Request No. 2: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Request No. 3: Admit that the document marked as Exhibit A to Plaintiff's Complaint is genuine and is a true and accurate copy of the Card Agreement regarding the account referenced above. Response to Request No. 3: Denied. Request No. 4: Admit that Defendant has failed and/or refused to pay the amount due on the account referenced above. Response to Request No. 4: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Request No. 5: Admit Defendant opened an account for extension of credit known as a credit card identified as Chase Bank USA, N.A (WAMU) Card Account (Account No. ). Response to Request No. 5: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Request No. 6: Admit Defendant received monthly statements for the credit card account. Response to Request No. 6: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Response to Plaintiff's Request for Admissions Page 2 of 4 Request No. 7: Admit Defendant has never disputed the amount due on the credit card account. Response to Request No. 7: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Request No. 8: Admit Defendant or an authorized user made the purchases and/or cash advances on the credit card account. Response to Request No. 8: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Request No. 9: Admit Defendant has failed to pay at least the minimum amount stated in the monthly statements for the account. Response to Request No. 9: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Request No. 10: Admit that Plaintiff has been damaged by your failure and/or refusal to pay the amount due. Response to Request No. 10: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Request No. 11: Admit that Defendant is liable for all charges made on the account referenced above. Response to Plaintiff's Request for Admissions Page 3 of 4 Response to Request No. 11: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. Response to Plaintiff's Request for Admissions Page 4 of 4 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW EQUABLE ASCENT FINANCIAL, LLC 1120 W Lake Cook Rd, Ste B Buffalo Grove IL 60089 Plaintiff V. No. 12-7724 CIVIL JONATHON S. OVER 9 Wood Lane Carlisle, PA 17013 Defendant AND NOW COMES the Defendant, JONATHON S. OVER, pro se, pursuant to Pa. R.C.P. 4009.1, 4009.11 and 4009.12, and hereby responds to Plaintiff's First Demand for the Production of Documents as follows: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW EQUABLE ASCENT FINANCIAL, LLC 1120 W Lake Cook Rd, Ste B Buffalo Grove IL 60089 Plaintiff V. No. 12-7724 CIVIL JONATHON S. OVER 9 Wood Lane Carlisle, PA 17013 Defendant DEFENDANT'S RESPONSE TO PLAINTIFF'S FIRST DEMAND FOR THE PRODUCTION OF DOCUMENTS Jonathon S. Over, Defendant in the above case, responds as follows to the First Demand for the Production of Documents of Plaintiff, Equable Ascent Financial, LLC: Demand No. 1: All documents concerning any communications amongst or between You, Equable Ascent, and/or any Third Party with respect to any matter alleged in the Complaint, , including, but not limited to, letters, notes, logs, memoranda, emails, facsimiles, diaries, etc. Response to Demand No. 1: Defendant objects to Plaintiff's Demand No.1 as it assumes there is an account being sued upon, where no account has been identified as of yet by the Plaintiff or its attorneys. Defendant is unaware of any such documents and therefore cannot produce said documents. Response to Plaintiff's Demand for the Production of Documents Page I of 8 Demand No. 2: All documents created and/or maintained or possessed by You including, but not limited to, any documents received by You from Equable Ascent, any documents concerning any conversation between You and Equable Ascent including, without limitation, all letters, notes, logs, memoranda, emails, facsimiles, agreements and contracts. Response to Demand No. 2: Defendant is unaware of any such documents and therefore cannot produce said documents. Demand No. 3: All correspondence between You and Plaintiff and/or any Third Party regarding Your Account, including, but not limited to, all letters, notes, logs, memoranda, emails, facsimiles, diaries, etc. Response to Demand No. 3: Defendant objects to Plaintiff's Demand No.3 as it assumes there is an account being sued upon, where no account has been identified as of yet by the Plaintiff or its attorneys. Defendant is unaware of any such documents and therefore cannot produce said documents. Demand No. 4: All documents created and/or maintained or possessed by You, concerning any matter alleged in the Complaint and/or Answer, including, but not limited to, all notes, logs, memoranda, agreements, contracts, diaries, etc. Response to Demand No. 4: Defendant is unaware of any such documents and therefore cannot produce said documents. Demand No. 5: All documents concerning Your monthly statements from Equable Ascent on Your Account. Response to Demand No. 5: Defendant is unaware of any such documents and therefore cannot produce said documents. Response to Plaintiffs Demand for the Production of Documents Page 2 of 8 Demand No. 6: All documents concerning any agreements or contracts, whether written or oral, between or amongst You and/or any Third Party and/or Equable Ascent with regard to any matter alleged in the Complaint. Response to Demand No. 6: Defendant is unaware of any such documents and therefore cannot produce said documents. Demand No. 7: All documents relating or referring to any conversation between You and Equable Ascent regarding Your Account as stated in Your Answer, including, without limitation, all letters, notes, logs, memoranda, emails, facsimiles, diaries, etc. Response to Demand No. 7: Defendant is unaware of any such documents and therefore cannot produce said documents. Demand No. 8: All tax returns filed by You both state and federal for the three years preceding this lawsuit. Response to Demand No. 8: Objection. Defendant objects to this Demand on the grounds that it is personal, confidential and private. This Demand seeks information that is not relevant to any issue in this action, information that is not calculated to lead to the discovery of admissible evidence, information that is not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of Defendant. Demand No. 9: All accounting records kept by You in the normal course of business for the three years preceding this lawsuit, including, without limitation, all profit and loss statements, balance sheets, all diaries, log books, memoranda, etc. Response to Demand No. 9: Objection. Defendant objects to this Demand on the grounds that it is personal, confidential and private. This Demand seeks information that is not Response to Plaintiff's Demand for the Production of Documents Page 3 of 8 relevant to any issue in this action, information that is not calculated to lead to the discovery of admissible evidence, information that is not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of Defendant. Demand No. 10: All bank statements for any Account in Your name, for the three years preceding this lawsuit. Response to Demand No. 10: Objection. Defendant objects to this Demand on the grounds that it is personal, confidential and private. This Demand seeks information that is not relevant to any issue in this action, information not calculated to lead to the discovery of admissible evidence, information that is not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of Defendant. Demand No. 11: All documents concerning the purchase and monitoring of inventory, including, without limitation, any invoices, sales orders, letters, notes, logs, memoranda, emails, facsimiles, agreements and contracts. Response to Demand No. 11: Defendant is unaware of any such documents and therefore cannot produce said documents. Demand No. 12: All documents created and/or maintained or possessed by You concerning Your Account that have not been produced in response to any other requests, including, without limitation, all balance sheets, profit and loss statements, diaries, log books, memoranda, facsimiles, etc. Response to Demand No. 12: Defendant is unaware of any such documents and therefore cannot produce said documents. Response to Plaintiff's Demand for the Production of Documents Page 4 of 8 Demand No. 13: All documents concerning any Third Parties that have knowledge of the allegations set forth in the Answer and/or the Complaint, including, but not limited to, all letters, notes, logs, memoranda, emails, facsimiles, diaries, etc. Response to Demand No. 13: Defendant is unaware of any such documents and therefore cannot produce said documents. Demand No. 14: All documents concerning any disputes between You and Equable Ascent regarding Your Account or the allegations in the Complaint, including, but not limited to, all letters, notes, logs, memoranda, emails, facsimiles, diaries, etc. Response to Demand No. 14: Defendant is unaware of any such documents and therefore cannot produce said documents. Demand No. 15: All documents, including but not limited to any correspondences, memorandum, or other documents regarding any charges reflected on the statements of account(s) which You contest or claim are not valid for any reason. Response to Demand No. 15: Defendant is unaware of any such documents and therefore cannot produce said documents. Demand No. 16: All documents concerning any communications between You and any other Third Party regarding any dispute of the amount owed on Your Account made by You to any other Third Party, including, but not limited to, all letters, notes, logs, memoranda, emails, facsimiles, diaries, etc. Response to Demand No. 16: Defendant is unaware of any such documents and therefore cannot produce said documents. Demand No. 17: All documents showing proof of payments made by You or any Third Parties on Your behalf to Your Account including but not limited to cancelled checks, bank Response to Plaintiff's Demand for the Production of Documents Page 5 of 8 statements showing payments, or any other financials which evidence the payment made to Equable Ascent on Your Account. Response to Demand No. 17: Objection. Defendant objects to Plaintiff's Demand No.17 as it assumes there is an account being sued upon, where no account has been identified as of yet by the Plaintiff or its attorneys. Plaintiff's Demand is overly burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of Defendant, and which are more readily accessible to Plaintiff from Plaintiffs own files and/or from documents or information already in Plaintiffs possession. Defendant cannot provide what is requested. Demand No. 18: All documents reflecting any communications between You and Plaintiff and/or any Third Party regarding payments made by You which you believe were not credited to Your Account by Plaintiff, including, without limitation, all letters, notes, logs, memoranda, emails, and facsimiles. Response to Demand No. 18: Defendant is unaware of any such documents and therefore cannot produce said documents. Demand No. 19: All documents concerning any authorization by You for any Third Party to use the Account, including any documents that may concern the revocation of authorization of use by any Third Party to use the Account. Response to Demand No. 19: Defendant is unaware of any such documents and therefore cannot produce said documents. Demand No. 20: All documents concerning any disputes between you and any Third Party concerning any of the allegations in the Complaint, including, but not limited to, all diaries, log books, memoranda, facsimiles, etc. Response to Plaintiff's Demand for the Production of Documents Page 6 of 8 Response to Demand No. 20: Defendant is unaware of any such documents and therefore cannot produce said documents. Demand No. 21: All documents concerning any disputes between any Third Party and Equable Ascent concerning Your Account or any of the allegations in the Complaint, including, but not limited to, all diaries, log books, memoranda, facsimiles, etc. Response to Demand No. 21: Defendant is unaware of any such documents and therefore cannot produce said documents. Demand No. 22: All documents that have been shown to, distributed, or delivered to any Third Party concerning the allegations set forth in the Complaint. Response to Demand No. 22: Defendant is unaware of any such documents and therefore cannot produce said documents. Demand No. 23: All documents concerning any records, notes, or memorandum created or maintained by You concerning the allegations set forth in the Complaint, which have not been produced in response to any other request, including, without limitation, all letters, notes, logs, memoranda, emails, facsimiles, agreements and contracts, diaries, etc. Response to Demand No. 23: Defendant is unaware of any such documents and therefore cannot produce said documents. Demand No. 24: Any and all documents reflecting any set offs to which Defendant believes he/it is entitled, including, but not limited to, receipts, correspondence, memorandums and cancelled checks. Response to Demand No. 24: Defendant is unaware of any such documents and therefore cannot produce said documents. Response to Plaintiff s Demand for the Production of Documents Page 7 of 8 Demand No. 25: All documents that You intend to, contemplate, or may conceivably introduce at the trial of this matter. Response to Demand No. 25: Objection. Demand No. 25 is premature as Discovery is still ongoing. Response to Plaintiff's Demand for the Production of Documents Page 8 of 8 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW EQUABLE ASCENT FINANCIAL, LLC 1120 W Lake Cook Rd, Ste B Buffalo Grove IL 60089 Plaintiff V. No. 12-7724 CIVIL JONATHON S. OVER 9 Wood Lane Carlisle, PA 17013 Defendant CERTIFICATE OF SERVICE I, Jonathon S. Over, Defendant, hereby certify that a copy of the foregoing was served upon Plaintiff's counsel: Andrew Sklar, Esquire Lloyd S. Markind, Esquire Jordan W. Felzer, Esquire Sklar—Markind 102 Browning Lane, Building B, Suite 1 Cherry Hill,NJ 08003 by sending a copy through the United States mail, postage paid, certified, return receipt requested, on this 28th day of March, 2013. J athon S. Over Commonwealth of Pennsylvania ) )SS: County of C A-er\&r\A ) On this, the day of � _ �, before me a notajy public, the undersigned officer,personally appeared n &�� , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In witness hereof, I hereunto set my hand and official seal. Notary Public WEALTH H O F � ENN SY L W A N IA rT A IA L 6;L MORU I°,OEM A K,Notary P ub�ic --OS le B orou gh.Cumberland Co unty �Ssio'j F p,r%September 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EQUABLE ASCENT FINANCIAL, LLC : No. 12-7724 CIVIL TERM Plaintiff TERM VS. CIVIL ACTION `''., JONATHON S OVER Defendant CERTIFICATION OF SERVICE/COMPLIANCE JESSICA WEBER, of full age, hereby certifies as follows: 1. I am a paralegal employed with the SKLAR— MARKIND. 2. On I served copies of the filed Praecipe to Substitute Verification on defendant(s), JONATHON S OVER , by sending them simultaneously by regular mail to: JONATHON S OVER 9 WOOD LN CARLISLE PA 17013-3148 I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated: IS 27- i� JW� JESSICA WEBER File No.: H1017408