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HomeMy WebLinkAbout04-6157BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A., (USA) 4161 Piedmont Parkway Greensboro, NC 27410 Plaintiff V. RUSSELL E CLOUSER 11 Countryside Court Camp Hill, PA 17011-1518 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. (?4- bl-,5-7 : CIVIL ACTION - LAW COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (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 claim 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 any 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 LEGAL HELP. 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 REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 57244 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A., (USA) 4161 Piedmont Parkway Greensboro, NC 27410 Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. RUSSELL E CLOUSER 11 Countryside Court Camp Hill, PA 17011-1518 Defendant CIVIL ACTION - LAW Complaint 1. The plaintiff is Bank of America, N.A. (USA) with place of business located at 4161 Piedmont Parkway, Greensboro, North Carolina. 2. The defendant is Russell E. Clouser, who resides at 11 Countryside Court, Camp Hill, Cumberland County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card bearing account number 4427103013723621 for the defendant's use in making credit purchases and securing cash advances subject to the terms and conditions governing the use of the credit card. A true and correct copy of the terms and conditions of the account is attached hereto and marked Exhibit A 4. The defendant accepted the credit card and the terms and conditions governing its use for the purchase of goods, merchandise and services and/or for cash advances from vendors who accepted plaintiff's credit cards. In using the credit card, the defendant agreed to comply with the terms and conditions governing its use which included the obligation to pay plaintiff for all charges made in full upon receipt of the statement or in installments subject to monthly finance charges. 5. The defendant utilized the credit cards by making/obtaining purchases of goods, merchandise and services and/or cash advances from vendors who accepted the credit card. Monthly statements were sent to the defendant which detailed the charges made to the account including late and/or finance charges. The balance due for the charges made by the defendant including any late or finance charges is $5,340.51. 6. Defendant did not pay the balance due upon receipt of the billing statements and is in default of the terms and conditions governing the use of the credit card. 7. Although demand has been made by plaintiff upon defendant to pay the sum of $5,340.51, the defendant failed and refused to pay all or any part thereof. 8. Plaintiff alleges it is entitled to recovery of its attorneys fees from defendant pursuant to the terms and conditions governing the account. Plaintiff seeks recovery of attorneys fees in the sum of $1,068.10. Wherefore, plaintiff demands judgment against the defendant in the sum of $5,340.51, attorneys fees in the sum of $1,068.10 and the costs of this action. BURTON NEIL & ASSOCIATES, P.C. CB on Neil, Esquire Attorney for ?laintiff The law firm of Burton Neil & Associates is a debt collector. a=y-??o??.?D?-.°Z ??=??Jf --r-•-3?C?=? s? ? ??_a? ?a q?- ?.???=' a-?? 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Section 4904, relating to unworn falsification to authorities. Date: 5-08- Oy ? ?/ Name Russell E. Clouser 4427103013723621 ??) ?aD 1 W v I C „y =t1 -C. Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. BANK OF AMERICA, N.A. (USA) Plaintiff, vs. RUSSELL E. CLOUSER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 04-6157 CIVIL - LAW Defendant. ANSWER TO COMPLAINT, DEMAND FOR JURY TRIAL COMES NOW, Russell E. Clouser, Defendant and hereby answers the Plaintiff's Complaint as follows: 1. As to paragraph 1, after reasonable investigation the Defendant is without information or knowledge sufficient to form a belief as to the truth of the allegations contained therein and, on that basis, denies the allegations. 1 As to paragraph 2, it is hereby admitted. 3. As to paragraph 3, after reasonable investigation the Defendant is without information or knowledge sufficient to form a belief as to the truth of the allegations contained therein and, on that basis, denies the allegations. 4. As to paragraph 4, after reasonable investigation the Defendant is without information or knowledge sufficient to form a belief as to the truth of the allegations contained therein and, on that basis, denies the allegations. Answer to Complaint - Demand for Trial by Jury Page I of 3 5. As to paragraph 5, it is hereby denied, as Plaintiff failed to credit the account for payments made by Defendant. 6. As to paragraph 6, it is hereby denied because the account has been paid in full. 7. As to paragraph 7, it is hereby denied because the account has been paid in full. 8. As to paragraph 8, after reasonable investigation the Defendant is without information or knowledge sufficient to form a belief as to the truth of the allegations contained therein and, on that basis, denies the allegations. NEW MATTER 9. First New Matter: Defendant has no knowledge of any of the specific items on the account sued on, or if any of such items were authorized by Defendant and duly charged to the account. 10. Second New Matter: There is no money due and owing, as the account has been paid in full. 11. Third New Matter: Plaintiff has failed to perform its condition precedent under Federal Law by failing to resolve certain matters in dispute with Defendant prior to bringing this action. 12. Fourth New Matter: Plaintiff breached the original contract by pursuing collection efforts notwithstanding the dispute unresolved with Defendant. DEMAND FOR JURY TRIAL 13. That the Defendant hereby demands a trial by a jury in this instant case. PRAYER Answer to Complaint - Demand for Trial by Jury Page 2 of 3 Defendant Prays that the complaint be dismissed or a judgment entered in favor of Defendant with cost to Defendant for having to defend this frivolous lawsuit and for any other cost that the court may deem reasonable and just. VERIFICATION I, verify that the foregoing statements are tnie and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated: January 12, 2005. Respectfully submitted and signed by, Russell E. Clouser. Answer to Complaint - Demand for Trial by Jury Page 3 of 3 r ? ? } ??, vl ?i .{ µy''P-, ? :?? (.J Gi 1. .? cP .- W Russell E. Clouser c/o I I Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. BANK OF AMERICA, N.A. (USA) Plaintiff, vs. RUSSELL E. CLOUSER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 04-6157 CIVIL - LAW Defendant. CERTIFICATE OF SERVICE I certify that a copy of the foregoing Interrogatories, Request for Admissions, and Request for production of Documents was sent on the 12t' day of January, 2005, by mailing a copy of the same via Certified mail number 7003-2260-0002-2445-0988 to the following person: Burton Neil 1060 Andrew Drive, Suite 170 West Chester, PA By: ?lGc? a N, a"" Lisa M. Clouser 1 I Countryside Court Camp Hill, PA 17011-1518 Certificate of Service Page 1 of 1 = -; , c ` 1 .., U ; .,T . ? ?; - r?, r ?> ,, ? , Russell E. Clouser c/o I 1 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. BANK OF AMERICA, N.A. (USA) : IN THE COURT OF COMMON PLEAS Plaintiff, VS. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 04-6157 RUSSELL E. CLOUSER, : CIVIL - LAW Defendant. CERTIFICATE OF SERVICE I certify that a copy of the foregoing Answer to Complaint; Demand for Jury Trail was sent on the 12th day of January, 2005, by mailing a copy of the same via Certified mail number 7003-2260-0002-2445-0988 to the following person: Burton Neil 1060 Andrew Drive, Suite 170 West Chester, PA 19380 By:? Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 Certificate of Service Page 1 of 1 r-> ?? `` ..'i -i f _. _... C`: _? BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire, Id. no. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A. (USA) Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6157 CIVIL RUSSELL E. CLOUSER Defendant CIVIL ACTION - LAW Plaintiffs Reply to Defendant's New Matter 10. First New Matter: Denied. Defendant plead no facts to which a responsive pleading is required. Further, the allegation is a conclusion of law to which no responsive pleading is required. The averment is deemed denied under Pa.R.C.P. 1029(d). 11. Second New Matter: Denied. Defendant plead no facts to which a responsive pleading is required. Further, the allegation is a conclusion of law to which no responsive pleading is required. The averment is deemed denied under Pa.R.C.P. 1029(d). 12. Third New Matter: Denied. Defendant plead no facts to which a responsive pleading is required. Further, the allegation is a conclusion of law to which no responsive pleading is required. The averment is deemed denied under Pa.R.C.P. 1029(d). 13. Fourth New Matter: Denied. Defendant plead no facts to which a responsive pleading is required. Further, the allegation is a conclusion of law to which no responsive pleading is required. The averment is deemed denied under Pa.R.C.P. 1029(d). By way of further response, plaintiff's cause of action is based on an account stated aid not a breach of contract. NEIL & ASSOCIATES, P.C. BurtO Neil, Esquire Atto ey for Plaintiff In making this communication, we advise our firm is a debt collector. BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff BANK OF AMERICA, N.A. (USA) Plaintiff vs. RUSSELL E CLOUSER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6157 Civil CIVIL ACTION - LAW Certificate of Service I, Burton Neil, Esquire do hereby certify that I served a true and correct copy of the within Reply to New Matter onpro se defendant, Russell E. Clouser at his/her address of record via first class mail, postage prepaid on the date set forth below. Date: ? LV-0 BURTON N)?IL & ASSOCIATES, P.C. y t BY: Burton Neil, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 57244 .-, c.a I - .. G SHERIFF'S RETURN - REGULAR CASE NO: 2004-06157 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA VS CLOUSER RUSSELL E J. MICHAEL ICKES Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CLOUSER RUSSELL E the DEFENDANT , at 1230:00 HOURS, on the 27th day of December-, 2004 at 11 COUNTRYSIDE COURT CAMP HILL, PA 17011 LISA CLOUSER, WIFE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.36 Affidavit .00 Surcharge 10.00 1? J V . _1 V Sworn and Subscribed to before me this /b day of ?h?,?<e, _C}71 A.D. J othonotary So Answers: R. Thomas Kline 12/28/2004 BURTON NEIL By. Deputy Sheriff Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. BANK OF AMERICA, N.A. (USA) Plaintiff, vs. RUSSELL E. CLOUSER, Defendant. IN THE COURT COMMON FLEAS CUMBERLAND COUNTY, OENNSYLVANIA u Case No.: 04-6157 CIVIL - LAW CERTIFICATE OF SERVICE I certify that a copy of the foregoing Interrogatories-Set 2, Request for Set 2 and Request for production of Documents was sent on the 29`x' day of Mar?h, 2005, by mailing a copy of the same via Certified mail number 7004-0550-0000-271; following person: Burton Neil 1060 Andrew Drive, Suite 170 West Chester, PA 19380 By : X,' m.. Ckcru Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-15 ,8 6 to the Certificate of Service Page 1 of 1 ._J \ ? ?., - ? :? ? l:. K "'? ilr .. ? ? C, N ;? , _, ? t t ") -?. -`-.i i P ? ?, f.fl Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. BANK OF AMERICA, N.A. (USA), Plaintiff, VS. RUSSELL E. CLOUSER, Defendant. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 04-6157 CIVIL - LAW To the Clerk of the court and the presiding Judge: PLEASE TAKE NOTICE that pursuant to Pa. R.C.P. No. 4019, Russell E. Clouser, Defendant, will move the court for an order compelling Bank of America, N.A. (USA) to provide further responses to the Interrogatories and Request for Production of Documents propounded by Russell E. Clouser to Bank of America, N.A.(USA) ON January 12, 2005. This motion is made on the grounds that the responses were evaisive and objections are without merit. The requests, responses at issue, and reasons for compelling frther responses are set out in the attached Separated Statement and Brief in support of this Motion.. This Motion will be based on the Notice of Motion, Brief in support of Motion to Compel, the attached Separate Statement in Support of this Motion, the Affidavit of Russell E. Notice of Motion to Compel Page 1 of 2 Clouser, the Meet and Confer letter, and any further oral or documentary evidence introduced at the hearing of this motion. PROPOSED ORDER ATTACHED Dated: July 11, 2005. Respectfully submitted and signed by, Russell E. Clouser without prejudice. Notice of Motion to Compel Page 2 of 2 n ?; o _ ' ?,, -., r ?' -- ;ci ?? ?.:"< w T ? ? ?? l-= .?+ : 1.7 ? Jan , ? ? - ° vi ? Dv - SEPARATE STATEMENT IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL ANSWERS TO DISCOVERY STATEMENT OF FACTUAL AND LEGAL REASONS WHY PLAINTIFF MUST BE COMPEL TO ANSWER DEFENDANT'S DISCOVERY Request No. 1. Please produce all copies of documents, records, journal and bookkeeping entries related to Defendant's account number 4427103013723621. Please note that this is not a request for monthly statements alre& mailed Defendant, but the underl?mg_accounting of Defendant's account sued on. Plaintiff's Response to Request for production of Documents No. I. After reasonable investigation it has been determined that there are no written documents, records, journals and bookkeeping entries. Plaintiff s records for defendant's account are all maintained electronically. The detail which is sought in. this request is reflected in the monthly statements which were sent to defendant. Defendant specifically indicated that monthly statements were not required. As such, no further :response is made. Argument: Defendant hereby incorporates the Memorandum of Law attached hereto by this reference. Each Request is reasonably sought to obtain documents for the account subject to this lawsuit. Plaintiff's assertion to the contrary is frivolous. The production of the requested documents will assist Defendant in eliminating facts in dispute and produce admissible evidence at trial. The documents sought, including the bookkeeping entries, books and records, journal entries and other similar documents, will establish evidence regarding if money is owed and due by Defendant. Since there is a dispute over the Separate Statement in Support of Defendant's Motion to Compel Page 1 of 5 accuracy of the monthly statements and Defendant has disputed said statements it is vital to Defendant's defense to obtain documents of the account ledgers, etc as requested. Plaintiff's refusal, neglect or failure to answer the same will severely prejudice Defendant. Further, requesting these material documents is reasonably calculated and will lead to admissible evidence. Request No. 2. Please produce all copies of documents, books and records evidencing the amount claimed in your action that you claim Defendant owe Plaintiff. Please note that this is not a request for monthly statements already mailed Defendant, but the underiy* = accounting evidence that Plaintiff claims Defendant owes. Plaintiff's Response to Request for production of Documents No. 2. The documents to be produced in support of the action will be monthly statements as noted in the response above. Defendant specifically indicated that monthly statements were not requested. As such, no further response is made. Argument: Defendant hereby incorporates the Memorandum of Law attached hereto by this reference. Each Request is reasonably sought to obtain documents for the account subject to this lawsuit. Plaintiffs assertion to the contrary is frivolous. The production of the requested documents will assist Defendant in eliminating facts in dispute and produce admissible evidence at trial. The documents sought, including the bookkeeping entries, books and records, journal entries and other similar documents, will establish evidence regarding if money is owed and due by Defendant. Since there is a dispute over the accuracy of the monthly statements and Defendant has disputed said statements it is vital to Defendant's defense to obtain documents of the account ledgers etc as requested. Separate Statement in Support of Defendant's Motion to Compel Page 2 of 5 Plaintiffs refusal, neglect or failure to answer the same will severely prejudice Defendant. Further, requesting these material documents is reasonably calculated and will lead to admissible evidence. Request No. 1. Please produce all copies of documents, books and records evidencing the amount sued for that you claim Defendant owes Plaintiff. Plaintiff's Response to Request for production of Documents No. 1. Copies of the statements for the billing date period of October 2, 2003 though March 2, 2004 are attached hereto and marked Exhibit 1. Plaintiff will provide defendant with more statements of account as they become available. Argument: Defendant hereby incorporates the Memorandum of Law attached hereto by this reference. Each Request is reasonably sought to obtain documents for the account subject to this lawsuit. Plaintiffs submission of statements of the account do not fulfill the request for "books and records evidencing the amount sued for". The production of the requested documents will assist Defendant in eliminating facts in dispute and produce admissible evidence at trial. The documents sought, including the bookkeeping entries, books and records, journal entries and other similar documents, will establish evidence regarding if money is owed and due by Defendant. Since there is a dispute over the accuracy of the monthly statements and Defendant has disputed said statements it is vital to Defendant's defense to obtain documents of the account ledgers, etc as Separate Statement in Support of Defendant's Motion to Compel Page 3 of 5 requested. Plaintiff's refusal, neglect or failure to answer the same will severely prejudice Defendant. Further, requesting these material documents is reasonably calculated and will lead to admissible evidence. Request No. 3. Please produce all documents, books or records evidencing Defendant's liability for the amount sued on. Plaintiff's Response to Request for production of Documents No. 3. Plaintiff incorporates its response to Request No. 1 and also the terms and conditions attached to the complaint. Argument: Defendant hereby incorporates the Memorandum of Law attached hereto by this reference. Each Request is reasonably sought to obtain documents for the account subject to this lawsuit„ Plaintiffs submission of statements of the account do not fulfill the request for "books and records evidencing the amount sued for". The production of the requested documents will assist Defendant in eliminating facts in dispute and produce admissible evidence at trial. The documents sought, including the bookkeeping entries, books and records, journal entries and other similar documents, will establish evidence regarding if money is owed and due by Defendant. Since there is a dispute over the accuracy of the monthly statements and Defendant has disputed said statements it is vital to Defendant's defense to obtain documents of the account ledgers etc as requested. Plaintiff's refusal, neglect or failure to answer the same will severely prejudice Defendant. Further, requesting these material documents is reasonably calculated and will lead to admissible evidence. Separate Statement in Support of Defendant's Motion to Compel Page 4 of 5 Dated: July 11, 2005. Respectfully submitted and signed without prejudice. Russell E. Clouser c/o I 1 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona, Separate Statement in Support of Defendant's Motion to Compel Page 5 of 5 C7 o P n z;r T> r- ?D N Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. BANK OF AMERICA, N.A. (USA), IN THE COURT OF COMMON PLEAS Plaintiff, vs. RUSSELL E. CLOUSER, Defendant. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 04-6157 CIVIL - LAW DEFENDANT'S AFFIDAVIT IN SUPPORT OF THE MOTION TO COMPEL FURTHER RESPONSES FROM ;PLAINTIFF I, Russell E. Clouser, being duly sworn, depose and state: 1. That I served Plaintiff with discovery request on or about January 12, 2005. 2. That included in the discovery request was Request for Admissions, Request for Production of Documents and Interrogatories. 3. On or about February 14, 2005, I received copies of Plaintiff's responses to my discovery request. 4. That upon my review of Plaintiff's responses, I have concluded that they are not to my satisfaction and that further responses are needed. 5. That on and about February 24, 2005, I served Plaintiff with a meet and confer letter. Plaintiff did respond to Defendant's meet and confer letter and we could not come to an agreement. A true and correct copy of the meet and confer letter labeled Exhibit A is attached. A true and correct copy of the postal service certified mail receipt verifying delivery of the meet and confer letter labeled Exhibit B is attached. 6. That I served Plaintiff with discovery request -Set 2 on or about March 29, 2005. Affidavit in Support of Motion to Compel Page I of 2 7. Set 2 of Discovery included Request for Admissions-Set 2, Request for Interrogatories- Set 2 and Request for Production of Documents-Set 2. 8. On or about May 7, 2005, I received copies of Plaintiff's responses to my Discovery request - Set 2. 9. That upon my review of Plaintiff's responses, I have concluded that they are not to my satisfaction and that further responses are needed. 10. That my discovery requests will assist me in presenting a meaningful defense and prepare for trial. The above facts are true and correct. Signed by: Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. ATTESTATION Subscribed and Sworn before me this C day of 71 c y 2005 The State of Pennsylvania, County of Cumberland __-142, Signature and e otary NOTARIA OBL RNO?. 1 5 Oct3i, 2UK Affidavit in Support of Motion to Compel Page 2 of 2 Russell Clouser II Countryside Court Camp Hill, PA 17011 (717) 737-3334 Certified mail # 7003-2260-0002-2445-1039 Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 February 24, 2005 RE: Bank of America, N.A., (USA) v. Russell E. Clouser, Case 04-6157 Dear Burton Neil & Associates, P.C. : I am in receipt of your response to my discovery requests. However, I have determined that your responses are evasive and your objections without merit. This is my attempt to resolve the discovery issues before using the court as intervention. For example, you state that you do not possess any written documents,recordsjournals and bookkeeping entries sought in my request for production of documents, but fail to state what factual basis you base that statement on, or provide any name of the person denying the existence of such documents under oath. Further, my account has not been reviewed by the Plaintiff's CPA(s) which would have personal knowledge of all my payables, receivables and/or credits to my account but fail to state why my account has not been reviewed by Plaintiff's CPA(s) under oath. I am requesting that you provide supplemental responses to me within ten (10) business days of this letter, or I will have no other option than to move for an order compelling discovery response. If you have any questions please contact me immediately. Sincerely, P;Ap Ru sell E. Clouser Page 1 of 1. Complete Rems 1, 2, and 3. Also complate n item 4'd Restricted Delivery is desired yf ? Agent X - III Print your rams and address on itaa reveres AQdros?e so that we can Mum the card to you. .. b Ns C. Date dDGIKWY s Attach this card to the back of the mailplece, or on the front it space permits. - i r DY as. ©..isdsl v£oyedurewdirlareatftaine nt4 1.ArticlaAddressed t¢ TtYE.S. enter delivery address oeimv. ?'No. &j -(kon Nett s Assxic Aee tor0c) Arldrev Ortve Sv t i e 1-70 S. Service Type Wes + Chester 1 PA Certified Mail C3 evew man V ? Reglnered ? RatumRecetptftrMe hwdlae - ` ? Insured MaN ? C.O.D. t 3 O . l 4. Restricted Deltverp (a" Feel ? Yes z. (hidefer ftom Number M servke label) 7003 2260 0002 2445 1039 (fians Fom2 3811, Au®4st2001 Domeetlc Return Recetr ? c> , u' -, ? -4. ?,= ?,? ? ? ',-.^ ? ?? '' T, ??rr .. l ?a ? "'. Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. BANK OF AMERICA, N.A.{USA} Plaintiff, VS. RUSSELL E. CLOUSER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 04-6157 CIVIL - LAW CERTIFICATE OF SERVICE I am over 18 years of age and I am not a parry to this action. I reside at I lCountryside Court, Camp Hill, PA 17011. On the 11'h day of July, 2005, I mailed a copy of Defendant's Notice of Motion to Compel, Brief, Affidavit, Separate Statement and Order via Certified Mail Number 7003-2260-0002-2445-1060 on behalf of, Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 The documents were mailed to: Burton Neil & Associates, P.C. 1060 Andrew Drive Suite 170 West Chester, PA 19380 By. A,?) 1''4 ckkll? Lisa M. Clouser 1 I Countryside Court Camp Hill, PA 17011-1518 Certificate of Service by Mail Page 1 of 1 ?, c3 0, ? " ? ??? . . r ts a}4; r `' ?. ;rat .?- ? r. -i.^: f y ^" y) s.,, .c J ? BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA N.A. (USA) Plaintiff V. RUSSELL E. CLOUSER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6157 Civil Defendant : CIVIL ACTION - LAW Plaintiffs Answer to Defendant's Motion to Compel Plaintiff, Bank of America N.A. (USA), by its counsel, Burton Neil & Associates, P.C., responds to Defendant's Motion to Compel as follows: It is denied plaintiff s answers and objections to defendant's discovery were evasive and that the objections were without merit. To the contrary, plaintiff fully and completely responded. WHEREFORE, Plaintiff requests the entry of the attached Order denying Defendant's Motion to Compel Answers to Defendant's Discovery. BURTON NRIL & ASSOCIATES, P.C. Attorney Esquire In making this communication, we advise our firm is a debt collector. BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff BANK OF AMERICA N.A. (USA) IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04-6157 Civil RUSSELL E CLOUSER Defendant : CIVIL ACTION - LAW Certificate of Service I, Burton Neil, Esquire, do hereby certify that l served a true and correct copy of the within Plaintiff s Answer to Defendant's Motion to Compel and proposed Order on pro se defendant, Russell E Clouser, at his address of record via first class mail, postage prepaid on the date set forth below. Date: BURTON N1111 & ASSOCIATES, P.C. BY: C--,._..i Burton Nei Esquire Attorney to Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-4088 f-? :?'+ ...{ V .7- -^ ? .; S11 yi„ -,{C ? ? I_ r _-:_,,?. . i_ ? '=1 i^ BANK OF AMERICA, N.A. (USA), Plaintiff Vs. RUSSELL E. CLOUSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6157 CIVIL IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this P' day of August, 2005, argument on the within motion to compel is set for Thursday, September 8, 2005, at 2:15 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Burton Neil, Esquire For the Plaintiff Russell E. Clouser, Pro Se Defendant Am F'?QQI ?n ?r»??onotQ?? ALVuJ a, qob K)4 CITIBANK(SOUTH DAKOTA)N.A.: 701 East 60th Street N. Sioux Falls, SD, Plaintiff V RUSSELL E. CLOUSER, 11 Countryside Court Camp Hill, PA 17011, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-25 CIVIL TERM BANK OF AMERICA,N.A.(USA) IN THE COURT OF COMMON PLEAS OF 4161 Piedmont Parkway CUMBERLAND COUNTY, PENNSYLVANIA Greensboro, NC 27410, Plaintiff CIVIL CTION - LAW N0. 4-6157 CIVIL TERM V RUSSELL E. CLOUSER, 11 Countryside Court Camp Hill, PA 17011, Defendant IN RE: MOTION TO COMPEL ORDER OF COURT AND NOW, this 8th day of September, 2005, the motion of the defendant to compel discovery is denied. By the Court, X istopher E. Rice, Esquire For the Plaintiff Xsseli E. Clouser, Pro se bg 0Ua-a? `.,.1 ?i? F l} i, .=J ?.,1 'J A?.,..,? -, i;; r,.l Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria persona. BANK OF AMERICA, N.A.(USA) Plaintiff, VS. RUSSELL E. CLOUSER, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 04-6157 : CIVIL - LAW Defendant. CERTIFICATE OF SERVICE I certify that a copy of the foregoing Interrogatories-Set3, Request for Production of Documents-Set 3 was sent on the 24th day of October, 2005, by mailing a copy of the same via Certified mail number 7004-2510-0007-6454-9419 to the following person: Burton Neil 1060 Andrew Drive, Suite 170 West Chester, PA 19380 By: Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 V_ I Certificate of Service - Page 1 of 1 a Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria persona. BANK OF AMERICA, N.A. (USA), Plaintiff, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. RUSSELL E. CLOUSER, Defendant. : Case No.: 04-6157 CIVIL -LAW INTERROGATORIES-SET 3 To Bank of America, N.A.(USA), Burton Neil, attorney of record for Bank of America, N.A.(USA): You are hereby served with Interrogatories pursuant to Rule 4005 of Pennsylvania Rules of Civil Procedure. Your responses thereto must be served upon the Russell E. Clouser, Defendant, within the time limits specified in the Rules. Interrogatory No. 1. Please state each cause of action you intend to prove at trial Interrogatory No. 2. For each cause of action identified in your response to Interrogatory #1, please state all facts upon which you rely to prove up. Interrogatory No. 3. For each cause of action identified in your response to Page 1 of 2 w Interrogatory #l, please state the statue or decision upon which you rely for relief. Interrogatory No. 4. For each cause of action identified in your response to Interrogatory #1, please state the legal theory upon which you rely for relief. Interrogatory No. 5. For each cause of action identified in your response to Interrogatory , please provide the name and address of each person with knowledge of facts asserted in your answer to Interrogatory #2. Interrogatory No. 6. For each witness identified in your response to Interrogatory #5, please provide a summary of the testimony that this witness is expected to provide. Dated this 24`x' day of October 2005. Respectfully submitted and signed by Russell E. Clouser, Page 2 of 2 4 Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria persona. BANK OF AMERICA, N.A. (USA), Plaintiff, VS. RUSSELL E. CLOUSER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 04-6157 : CIVIL -LAW REQUEST FOR PRODUCTION OF DOCUMENTS-SET 3 To Bank of America, N.A.(USA) , Burton Neil, attorney of record for Bank of America, N.A.(USA): You are hereby served with Request for Production of Documents pursuant to Rule 4005 of Pennsylvania Rules of Civil Procedure. Your responses thereto must be served upon the Russell E. Clouser, Defendant, within the time limits specified in the Rules. Request No. 1. Please identify each record - keeping system within the Plaintiffs systems of records for any kind of documents (including writings, drawings, graphs, charts, photographs, phonorecords, and other data complications from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form) that reference or identify account number 4427-1030-1372-3621. Page 1 of 2 Request No. 2. For each system of records identified by Request No. 1, please provide a sample of each type of document that is available from that system of records and state the population of documents that are available. Dated this 24th day of October 2005. Respectfully submitted and signed by Russell E. Clouser, Page 2 of 2 ._,, -i ??,, ?? ?. f ?. CITIBANK(SOUTH DAKOTA)NA 701 East 60th Street N. Sioux Falls, SD, Plaintiff V. RUSSELL E. CLOUSER, 11 Countryside Court Camp Hill, PA 17011 Defendant BANK OF AMERICANA (USA) 4161 Piedmont Parkway Greensboro, NC 27410, Plaintiff V. RUSSELL E. CLOUSER, 11 Countryside Court Camp Hill, PA 17011, Defendant IN RE: MOTION TO COMPEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-25 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6157 CIVIL TERM Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, September 8, 2005, in Courtroom Number 4. APPEARANCES: CHRISTOPHER E. RICE, Esquire For the Plaintiff RUSSELL E. CLOUSER, Pro se ? •.. ice. .?nAj Jd J 1 THE COURT: Good afternoon. Are we here on 2 both of these cases? 3 MR. RICE: Yes. We spoke, and we are fine if 4 we just want to handle them together. 5 THE COURT: Okay. That's fine. And this is 6 on Mr. Clouser's motion to compel? 7 MR. CLOUSER: That is correct. 8 THE COURT: And there is yet a third case 9 floating around where we had a motion to compel similar to 10 this, am I right? 11 MR. CLOUSER: Correct. 12 THE COURT: And as I recall the gist, you 13 wanted to see supporting documentation of the charges, 14 right? 15 MR. CLOUSER: That's correct. 16 THE COURT: And in the other case I indicated 17 that you should serve on the plaintiff any indication of 18 which charges you felt were questionable? 19 MR. CLOUSER: Correct. 20 THE COURT: And then the onus shifted to them 21 to either provide you supporting documents or explain why 22 they couldn't. 23 MR. CLOUSER: Correct. 24 THE COURT: That's where that other case is. 25 I don't know what's happened in that case since. That's not 2 I i 1 what we are here about today. Is there anything you want to 2 add to what you told me before on the other case? 3 MR. CLOUSER: Well, what I can do 4 is -- basically this action involves a disputed course over 5 money owed on a credit card. And plaintiff claims the 6 defendant owes the plaintiff money for usage of a credit 7 card. The defendant denies this and states that this 8 account has been paid in full, and that the monthly billing 9 statements are inaccurate. So I am trying to find out how 10 the plaintiff has arrived at these monthly billing 11 statements. I want to know what their amount sued is for. 12 So I requested documents and of course information such as 13 copies of journals, bookkeeping entries, and records on my 14 account. 15 I am disputing the accuracy of the monthly 16 billing statements. And these documents are the underlying 17 accounting evidence. So I would like to know why the 18 plaintiff cannot produce these documents. 19 THE COURT: Okay. 20 MR. RICE: Your Honor, Chris Rice, 21 representing Bank of America and CITIBANK. Your Honor, at 22 this point we have answered his discovery requests. We 23 fulfilled any document request that he has needed. And we 24 provided answers why we couldn't do certain things. But the 25 information that he has requested is now in his possession. 3 4 1 There is nothing more to say about it. 2 THE COURT: And you are basically saying that 3 other than what you gave him, you don't have anything else? 4 MR. RICE: That's correct. And, further, we 5 would like to inform the Court we think this is a just a 6 tactic to try to negotiate down whatever is owed. As you 7 can tell by the defendant's brief in support of the motion 8 to compel, these are just the form documents that he has 9 ordered off the computer. The second sentence, add your 10 title, is still left in. He didn't do a complete job in 11 correcting it. This is just one of those scams out on the 12 computer to try to have individuals get out of their credit 13 card debt. And there is nothing more we can provide this 14 individual. Our document requests and response to 15 interrogatories have been fulfilled. And there should be no 16 need to proceed any further with discovery. 17 THE COURT: And so the order that you are 18 requesting in both of these cases is simply to deny the 19 motion to compel? 20 MR. RICE: Yes, Your Honor. 21 THE COURT: Okay. I will study the file and 22 enter a ruling. 23 MR. CLOUSER: Your Honor, can I add to that, 24 please? 25 THE COURT: Sure. 4 I MR. CLOUSER: Okay. The FDIC rules and 2 regulations which regulates CITIBANK and Bank of America 3 states the following on systems of records. Section 4 30-64-005, System Name, Consumer Complaint and Inquiry 5 Records. Routine uses of records maintained in the system, 6 including categories of users and the purposes of such uses: 7 Information in the system may be disclosed: 8 To a court, magistrate or administrative tribunal in the 9 course of presenting evidence, including disclosures to 10 counsel or witnesses in the course of civil discovery, 11 litigation, or settlement negotiations or in connection with 12 criminal proceedings, when the FDIC is a party to the 13 proceeding or has a significant interest in the proceedings, 14 to the extent that the information is determined to be 15 relevant and necessary. 16 THE COURT: The FDIC is not a party to this? 17 MR. RICE: No, Your Honor. 18 THE COURT: Okay. You are the party. 19 MR. CLOUSER: Right. But they -- 20 THE COURT: Not the FDIC. 21 MR. CLOUSER: Let me get to that here. It 22 says records are stored in electronic media and in paper 23 format within individual file folders. Electronic media and 24 paper format are indexed and retrieved by unique 25 identification number which may be cross referenced to the 5 I name of complainant or inquirer. 2 And then safeguards: Electronic files are 3 password protected and accessible only by authorized 4 personnel. Paper format files are maintained in lockable 5 metal file cabinets accessible only to authorized personnel. 6 So they can be retrieved through getting 7 these documents that I need to prove my monthly -- 8 THE COURT: But they are saying they can't. 9 And if they have violated the law, that's a defense you can 10 raise at the trial of this case. But in the meantime we 11 can't discover something they don't have. 12 MR. RICE: And, Your Honor, if -- 13 THE COURT: And it also strikes me as more 14 than unusual that you should be having the same problem with 15 three separate credit card companies. That's an incredible 16 coincidence to me. I have three credit cards myself. I 17 could see maybe one of them screwing up and misbilling me, 18 but all three. Things don't smell right in Denmark as 19 Shakespeare would say. 20 On both cases, And Now, this date, the motion 21 of the defendant to compel discovery is denied. 22 (End of proceedings) 23 24 25 6 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Barbara E. Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. ,ot,m ln, t c 1a65' Date Kev A. Hess, J. Judicial District 7 Bank of America, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAM COUNTY, PENNSYLVANIA V. Russell E. Clouser NO. 04-6157 CIVEL RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRA'T'ORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Burton Neil, Esquire , counsel for the plaintiWdefendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actiot4 is (an) at issue. 2. The claim of the plaintiff in the action is $ 6, 408.61 The counterclaim of the defendant in the action Is The following attorneys are inwested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators; WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whore the case shall be submitted. ttel, lot ORDER OF COURT AND Now, V.20 _, in consideration of the foregoing petition, Esq., Esq., and Esq., am appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, P.J. r BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff BANK OF AMERICA, N.A. (USA) : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04-6157 Civil RUSSELL E CLOUSER Defendant : CIVIL ACTION - LAW Certificate of Service I, Burton Neil, Esquire do hereby certify that I served a true and correct copy of the within Petition for Appointment of Arbitrators onpro se defendant, Russell E. Clouser at his/her address of record via first class mail, postage prepaid on the date set forth below. & ASSOCIATES, P.C. Date: -1 l t (t) V&ton'Neil, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 57244 F \FILES\DATAFILE\General\Current\I 1541 3 pra BURTON NEIL & ASSOCIATES, P.C. Christopher E. Rice, Esquire Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Plaintiff BANK OF AMERICA, N.A. (USA) IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6157 CIVIL V. RUSSELL E. CLOUSER, Defendant To the Prothonotary: : CIVIL ACTION - LAW PRAECIPE Please enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO, as co-counsel with BURTON NEIL & ASSOCIATES, P.C., for the Plaintiff. MARTSON DEARDORFF WILLIAMS & OTTO By Christopher E. Rice, Esquire I. D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: November 9, 2006 Attorneys for Plaintiff ?-- ?a _?y ;?, ; ?--? ? - ,?, R r,_; - --a , ; ? "??. .s ?* 1 Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. BANK OF AMERICA, Plaintiff, VS. RUSSELL E. CLOUSER, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 04-6157 : CIVIL - LAW PETITION TO PROCEED IN FORMA PAUPERIS COMES NOW, and hereby petitions this court Pursuant to Pa. R.C.P. No. 240 to proceed in forma pauperis, as Defendant is unable to pay the costs imposed by the Court. In support of this Petition, Defendant attaches a verification of Russell E. Clouser. Dated: November 22, 2006. Respectfully submitted and signed by, Russell E. Clouser without prejudice. Petition to Proceed In Forma Pauperis - Page 1 of 1 Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. BANK OF AMERICA, N.A. Plaintiff, VS. RUSSELL E. CLOUSER, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 04-6157 : CIVIL - LAW VERIFICATION IN SUPPORT OF PETITION TO APPEAR IN FORMA PAUPERIS 1. I am the Defendant in the above matter and because of our financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including our family and associates, to pay the costs of litigation. 3. I represent that the information below relating to our ability to pay the fees and costs is true and correct: (a) Name: Russell E. Clouser / Lisa M. Clouser Address: 11 Countryside Court Camp Hill, PA 17011 Social Security Number: 159-38-8069 (Russell Clouser) Social Security Number: 168-54-6874 (Lisa M. Clouser) Petition to Appear In Forma Pauperis - Page 1 of 3 (b) Employment- Russell E. Clouser Employer: Ritner Steel, Inc. Address: 131 Stover Drive Carlisle, PA 17013 Gross wages per month: $ 2120.00 Net wages per month: $1667.78 Type of work: Project Administrator (c) Other income within the past twelve months Business or profession: 0 Other self-employment: 0 Interest: 0 Dividends: 0 Pension and annuities: 0 Social security benefits: 0 Support payments: 0 Disability payments: 0 Unemployment compensation and supplemental benefits: 0 Workman's compensation: 0 Public assistance: 0 Other: 0 (d) Other contributions to household support Name: Lisa M. Clouser If your (wife)(husband) is employed, state Employer: West Shore School District Gross Salary per month: $1107.60 Net Wages per month: $ 800.00 Type of work: Reading Aide Contributions from children: 0 Contributions from parents: 0 Other contributions: 0 (e) Property owned Cash: $2.00 Checking account: $50.00 Savings account: $1.00 Certificates of deposit: 0 Real estate (including home): $175,000.00 Petition to Appear In Forma Pauperis - Page 2 of ? t Motor vehicle: 1995 Buick Skylark, 1999 Chrysler Circus Cost: $6000.00, Amount Owed: $0 Stocks; bonds: Other: 0 (f) Debts and obligations Mortgage: $ 956.42 Rent: 0 Loans: 0 Other: Monthly Bills such credit cards, groceries, gas, life insurance, car insurance, electric, cable, water, school lunch money, haircuts, car maintenance, misc.... $1300.00 (g) Persons dependent upon you for support Name: Lisa M. Clouser- Spouse Children: Name: Ryan R. Clouser Age: 14 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances, which would permit me to pay the costs incurred herein. 5. I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated: November 22, 2006. Respectfully submitted and signed by, Russell E. Clouser, without prejudice. Petition to Appear In Forma Pauperis - Page 3 of 3 t, J -? C; --t J N Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. BANK OF AMERICA, N.A. Plaintiff, VS. RUSSELL E. CLOUSER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 04-6157 : CIVIL - LAW Defendant. NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice of given that, Russell E. Clouser appeals from the award of the board of arbitrators entered in this case on November 8, 2006. A Jury trial is demanded. I hereby certify that application has been made for permission to proceed in forma pauperis. Dated: November 22, 2006. Respectfully submitted and signed by Russell E. Clouser Notice of Appeal Page 1 of 1 Bank of America, N.A. In The Court of Common Pleas of Cumberland Plaintiff Russell E. Clouser County, Pennsylvania No. 04 - 6157 Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Co onw and that we will discharge the duties of our o e fideli . N- Iq - ///// /: i e Signa ignature (i 7V James D. Bogar Name (Chairman) Law Offices of James D. Bogar Law Firm One West Main St. Address Kristopher T. Smull Name Maria P. Cognetti & Associates Law Firm Suite 102 210 Grandview Ave. Address Kirk S. Sohonage Name Schutjer Bogar LLC Law Firm Suite 401 305 N. Front Street Address Shiremanstown, PA 17011 Camp Hill, PA 17011 Harrisburg, PA 17101 City, zip City, zip city, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: _ (Note: If damages for delay are awarded, they shall be separately stated.) - - ,? Date of Hearing: 11/8/06 .l" J Bo (Chairman) I kjQ Date of Award: 11/8/06 Kr t T Kirk o a Notice of Entry of Award Now, the _ Lsith day of Nov _mber , 20_x_, at 16:3 I , _L.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 0190, 00 TFVJE COPY FROM READ tn T8M{t "whmvM, I here unto 89 my tl By. end do seal of said Court at Carlisle, AL onotary ? 97 r . Arbitrator, dissents. (Insert name if applicable. M Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Defendant, in propria persona. BANK OF AMERICA, N.A. Plaintiff, VS. RUSSELL E. CLOUSER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.:04-6157 CIVIL - LAW Defendant. CERTIFICATE OF SERVICE I certify that a copy of Notice of Appeal from Award of Board of Arbitrators, Petition to Proceed in Forma Pauperis, Verification in Support of Petition to Appear in Forma Pauperis, Order was sent on the 22nd day of November, 2006, via first class, postage prepaid to the following person: Burton Neil & Associates, P.C. 1060 Am*w give Suite 17Q West Chester, PA 19380 By : Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011 A ? Certificate of Service - Page I of 1 s-a c_,=+ ? ,i1-?r; t";' _.._ C,.7 C?=% "a _ .. ?. ,. ?_ ^""' ; 1 it . - '?-?? -.'1 .-: (,„<; r * - NOV 2 7 2006 j Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. BANK OF AMERICA, N.A Plaintiff, VS. RUSSELL E. CLOUSER, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 04-6157 : CIVIL - LAW ORDER Defendant's Petition to Proceed In Forma Pauperis came before the court on . J4 mow Jo ! 92006 After careful consideration of Defendant's Petition, it is hereby ordered that: Defendant's Petition to Proceed In Forma Pauperis is Hereby Granted Defendant's Petition to Proceed In Forma Pauperis is DENIED for the following reasons: -X///?y?,. r ? - - IT IS SO ORDERED BY THE COURT: Dated: ?? 3a , 2006 iding,?ourt Judge, Cumberland County Order - Page 1 of 1 L, ni JAno 6S :QI WV OC AON 90OZ IQPNC,^Wr,',,,l-'d 3Hl .C? 3310-031U Bank of America, N.A. Plaintiff Russell E. Clouser Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 04 - 6157 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Co onw a and that we will discharge the duties of our o e fi deli . ignature e i e Signa James D. Bocrar Name (Chairman) Law Offices of James D. Bogar Law Firm One West Main St. Address Kristopher T. Smull Name Maria P. Cognetti & Associates Law Firm Suite 102 210 Grandview Ave. Address Schutjer Bogar LLC Law Firm Suite 401 305 N. Front Street Address Shiremanstown, PA 17011 Camp Hill, PA 17011 Harrisburg, PA 17101 City, zip city, zip city, zip # 10.2 18 # 105101 # I7a31 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) . Arbitrator, dissents. Date of Hearing: Date of Award: J Kirk ,O?OAAio: Notice of Entry of Award sert name if applicable.) (Chairman) Now, the _ day of lVavemher- , 20_Dfg_, at /b: 37 , A M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ X90, p0 By: onotary Deputy 11/8/06 11/8/06 Kirk S. Sohonaqe Name bt? ?tSwP 16 r ,. V4 Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A. (USA) Plaintiff V. RUSSELL E CLOUSER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6157 Civil : CIVIL ACTION - LAW Praecipe for Entry of Judgment on Award of Arbitrators To the Prothonotary: Enter judgment on award of arbitrators on behalf of the plaintiff, Bank of America, N.A. (USA), and against the defendant, Russell E Clouser and assess damages in the sum of $5,340.51, plus attorneys fees in the amount of $1,068.10, for a total judgment of $6,408.61. Burton Nei Assoc' es, P.C. By on ei , Attorneys for Plaintiff And now, this day of llbv? , 2007judgment is entered on behalf of the plaintiff, Bank of America, N.A. (USA) and against the defendant, Russell E Clouser, in the sum of $5,340.51, plus attorneys fees in the amount of $1,068.10, for a total judgment of $6,408.61. Prothonotary of C erland County In making this communication, we advise that this office is a debt collector. Bank of America, N.A. Plaintiff Russell E. Clouser Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 04 - 6157 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Co onw and that we will discharge the duties of our o A 4fidelhi ure (j 9 g&tare i Signa James D. eoaar Name (Cbsirman) Law Offices of James D. Bocar Law Firm One West Main St. Addrm Shiremanstown, PA 17011 at, zip Kristopher T. Smull Name Maria P. Cognetti & Law Fiam Suite 102 210 Grandview Ave. Address Cart Hill, PA 17011 City, zip Schutjer Bogar LLC Law Firm Suite 401 305 N. Front Street Address Harrisburg, PA 17101 City, zip Award we, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: . .(Note: If damages for delay are awarded, vy shall be separately stated.) Date of Hearing: 11/8/06 ` `-sue J Bo VC[ Chaianaa Date of Award. 11/8/06 _ .mss. KrIfs t7,T? ?,?P Kirk Notice of Entry of Award Now, the _ day of mmber , 201ya _, at 16:37 , _..M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. onotary Kirk S. el) Arbitrators' compensation to be paid upon appeal: $ g9D, p© TRW COPY F MM RECORD in t y whemn ; unto Sd my Aid VW tie =W aaic. a G IStB, Via. 71, V 71, By: Ii:z* daw LAIMICW?r AGafe„ Sohonage Name ----, . Arbitrator, dissents. (Insert name if awlicable. Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A. (USA) 4161 Piedmont Parkway Greensboro, NC 27410 Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL E CLOUSER 11 Countryside Court Camp Hill PA 17011-1518 Defendant : NO. 04-6157 Civil : CIVIL ACTION - LAW Certification of Address and Affidavit of Non-Military Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment creditor and debtor. 2. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA) the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense website. Burton Neil-&-Associ By: Burton Neil, Esquire Attorney for Plaintiff P.C. In making this communication, we advise that this office is a debt collector. ?jj-? 4Q. j v '.e s a G Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A. (USA) IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-6157 Civil RUSSELL E CLOUSER Defendant : CIVIL ACTION - LAW Withdrawal of Praecipe for Judgment on Arbitration Award To the Prothonotary: Kindly withdraw plaintiff's Praecipe for Judgment on Arbitration Award entered on behalf of plaintiff, Bank of America, N.A. (USA) on March 20, 2007. In making this communication, we advise that this firm is a debt collector. Burton Ne' & Associates, P.C. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: for JURY trial at the next term of civil court. for trial without a jury. -- - - ------- - ----- - - --- - ----- - ---------- - -- - ------ - -------- ----------- - ----------- CAPTION OF CASE (entire caption must be stated in full) (check one) ? Civil Action - Law Appeal from arbitration Bank of America, N.A. (other) (Plaintiff) VS. The trial list will be called on and Russell E Clouser Trials commence on (Defendant) Pretrials will be held on vs. (Briefs are due S days before pretrials No. 6157 04 Term Indicate the attorney who will try case for the party who files this praecipe: Burton Neil, Esquire Indicate trial counsel for other parties if known: This case is ready for trial. 1.14 Date: Signed: Print Name: Burton Neil, Esquire Attorney for: Plaintiff I Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A. (USA) Plaintiff V. RUSSELL E CLOUSER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6157 Civil : CIVIL ACTION - LAW Certificate of Service I, Burton Neil, Esquire do hereby certify that I served a true and correct copy of the within Praecipe for Listing Case for Trial on pro se defendant, Russell E. Clouser at his/her address of record via first class mail, postage prepaid on the date set forth below. Date: (r' L41 I Burton Neil & As crates, P.C. By: on N ,Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 57244 7L ((-- 7 r f ? £t f`? lid e CID a Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Defendant, in propria persona. BANK OF AMERICA, N.A.(USA) Plaintiff, VS. RUSSELL E. CLOUSER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 04-6157 : CIVIL -LAW Defendant. DEFENDANT'S RESPONSE TO PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Propounding Party: Bank of America, N.A.(USA) Responding Party: Russell E. Clouser COMES NOW, Russell E. Clouser, Defendant, and hereby responds to Bank of America, N.A.(USA) , Plaintiff's Request for Interrogatories and Request for Production of Documents, as follows: 1. If defendant disputes the complaint balance because of missing or inaccurate credit, state the amount of the credit and the date of the monthly statement in which the credit appeared or should have appeared. Response: Defendant is unable to determine the specific amount of the missing or inaccurate credit until Defendant examines Plaintiff's books and records of original entry that pertain to Defendant's account. Page 1 of 13 r 2. If defendant disputes the complaint balance because of missing or inaccurate debit, state the amount of the debit and the date of the monthly statement in which the credit appeared or should have appeared. Response: Defendant is unable to determine the specific amount of the missing or inaccurate debit until Defendant examines Plaintiff s books and records of original entry that pertain to Defendant's account. 3. If a dispute existed as to any credit or debit stated in your response to Interrogatory Nos. 1 and 2, did defendant send a written billing error notice to plaintiff. Response: Defendant did send Plaintiff a written billing error dispute letter to Plaintiff. 4. If the answer to Interrogatory No. 3 is yes, what was the date of the written billing error notice? Response: The date of the Defendant's billing error dispute letter was February 12, 2004. 5. If defendant contends that there were unauthorized charges to the account, describe each charge not authorized by defendant and the date and amount of each such charge. Response: Defendant is unable to determine if there was any unauthorized charges to the account until Defendant examines Plaintiffs books and records of original entry that pertain to Defendant's account. Page 2 of 13 Request for Production No.1 Produce all documents, including letters, billing error dispute notices, other communications of any type which defendant sent to plaintiff regarding a dispute. Response: Attached is Exhibit # 1 - Defendant's billing error dispute letter with receipt confirmation Request for Production No. 2 Produce written proof of payment in support of defendant's contention that the account was paid in full. Response: The original documentation sought is no longer in Defendant's possession; Defendant cannot produce documentation that is not in Defendant's possession. The applicable rules for such a matter are found in Pa. Rules of Evidence, Rule 1004 (1)(2) and (3). 6. According to defendant's records, what was the date the last payment made on the account to plaintiff? Response: Defendant admits making a payment. Defendant is unable to identify the exact date of this payment as the one shown on the statement as the last payment without seeing the Plaintiff's books and records of original entry that pertain to my account. Page 3 of 13 7. According to defendant's records, what was the amount of the last payment defendant made on the account to plaintiff? Response: Defendant admits making a payment. Defendant is unable to identify the amount of this payment as the one shown on the statement as the last payment without seeing the Plaintiff's books and records of original entry that pertain to my account. 8. According to defendant's records, what was the balance still due on the account after the payment identified in the response to Interrogatory Nos.7 and 8? Response: Defendant denies any balance that Plaintiff claims is owed by Defendant. 9. Explain in detail all reasons why defendant denies he has an obligation to pay the account balance to plaintiff. Response: To the best of my knowledge and Defendant's belief, Plaintiff records are in error, which is the basis for request to examine Plaintiff s books and records of original entry that pertain to my account. Plaintiff has failed or refused to prove up Plaintiff's case using authenticated evidence introduced by a competent fact witness; Therefore Plaintiff has not established Defendant as liable for the purported debt. 10. Did defendant or someone authorized by defendant make the charges on the account which constitute the balance due and owing that is the subject matter of plaintiff's complaint? Page 4 of 13 Response: Defendant is unable to determine if there was any unauthorized charges to the account until Defendant examines Plaintiff's books and records of original entry that pertain to Defendant's account. 11. What is the name, address and telephone number of every person who has knowledge of any of the facts pertaining to any dispute which exists with regard to the account? Response: Defendant prepares his own documents and does his own research. Therefore, Defendant is the only person known by Defendant with knowledge of the facts pertaining to the dispute, which Plaintiff also, by virtue of this interrogatory, admits exists, with regard to the account. Defendant's name and address are already on file with the Plaintiff and the Court. 12. Identify the name, address and telephone number of each person defendant intends to call as a witness for the trial of this case. Response: Defendant plans to ask the Plaintiff to provide a competent fact witness from Bank of America who has personal knowledge of Defendant account to testify. That person's identity is as yet unknown to Defendant. Request for Production No. 3 Produce all documents defendant intends to introduce at trial. Response: The Documents are attached as Exhibit # 2, #3, #4. Page 5 of 13 13. With respect to defendant's allegation that the account was paid in full, state with specificity and completeness: a. On what date was the account paid in full? Response: Defendant is unable to determine the exact date the account was paid in full to until Defendant examines Plaintiff's books and records of original entry that pertain to my account. b. In what manner was the account paid in full (check, money order, cashiers check, certified check, electronic funds transfer, website payment or other)? Response: The original documentation to determine the manner of how this account was paid in full is no longer in my possession; Defendant cannot produce documentation that is not in Defendant's possession. The applicable rules for such a matter are found in Pa. Rules of Evidence, Rule 1004 (1)(2) and (3). c. After defendant paid the account in full, did defendant receive billing statements which reflected there was still a balance owed on the account. Response: Yes d. If the answer to "c" was yes, what action did defendant take to communicate to plaintiff that this debt was paid? Response: A billing error dispute letter dated February 12, 2004 was previously sent to Plaintiff. Page 6 of 13 a Request for Production No. 4 Produce all documents, checks or other indicia of payment which substantiates or otherwise supports that the debt which is the subject matter of the complaint was paid. Response: The original documentation sought is no longer in Defendant's possession; Defendant cannot produce documentation. that is not in Defendant's possession. The applicable rules for such a matter are found in Pa. Rules of Evidence, Rule 1004 (1)(2) and (3). 14. Identify the contract you alleged in your answer that plaintiff breached. Response: Defendant never received the Plaintiffs contract. 15. State the specific provision or provisions in the original contract you contend were breached. Response: Defendant never received the Plaintiff's contract 16. Explain in detail why in detail why the alleged breach resulted in your not having to pay the account balance. Response: Plaintiff breached the original contract by pursuing collection efforts notwithstanding the dispute unresolved with Defendant. Request for Production No. 5 Page 7 of 13 Produce the contract you contend plaintiff breached. Response: Defendant never received the Plaintiffs contract so it can not be produced. 17. Set forth the date, amount and terms of each note referenced in your letter to plaintiff dated February 12, 2004. Response: Defendant is unable to determine the specific date, amount and terms of each note to the account until Defendant examines Plaintiff's books and records of original entry that pertain to Defendant's account. 18. Set forth the date, amount and terms of each other instrument referenced in your letter to plaintiff dated February 12, 2004. Response: Defendant is unable to determine the specific date, amount and terms of each other instrument to the account until Defendant examines Plaintiff's books and records of original entry that pertain to Defendant's account. Request for Production No. 6 Produce each note or other instrument you submitted to plaintiff for prepayment or the account. Response: The original documentation sought is no longer in Defendant's possession; Defendant cannot produce documentation that is not in Defendant's possession. The applicable rules for such a matter are found in Pa. Rules of Evidence, Rule 1004 (1)(2) and (3). Page 8 of 13 19. Set forth the name and internet address for the company from which you obtained or purchased the letter template used for your February 12, 2004 letter to plaintiff. Response: Defendant has no such information 20. Set forth the date you purchased or otherwise obtained the letter template used for your February 12, 2004 letter. Response: Defendant has no such information. Request for Production No. 7 Produced all materials purchased or otherwise obtained by defendant for use in sending the alleged dispute letter and other documents used for this case. Response: Defendant has not purchased or obtained any material. 21. Describe the product or service you purchased from West Shore Office in Lemoyne, Pennsylvania on or about September 29, 2003 for $4800.00 using the credit card received from plaintiff. Response: The documentation to determine this product is no longer in Defendant's possession and it has been four years since this transaction took place. Defendant needs to examine Plaintiffs books and records of original entry that pertain to his account to describe this product. Page 9 of 13 22. Explain in detail all reasons why you made only four payments after you made the purchase from West Shore Office on or about September 29, 2003. Response: After making the fourth payment, the amount claimed by Plaintiff was incorrect due to either a calculation error, an omitted credit or a required disclosure that was not made. To the best of my knowledge and my belief, Plaintiff records were in error which is the basis for my request to examine Plaintiff's books and records of original entry that pertain to my account. At that time, Defendant sent the billing error dispute letter dated February 12, 2004. 23. State the names and home and business addresses of all persons whom you expect to call as expert witness at the trial. Response: Defendant's witnesses for trial have not been identified However Defendant plans to ask the Plaintiff to provide a competent fact witness from Bank of America who has personal knowledge of Defendant's account to testify. 24. For all persons named in your answer to Interrogatory No.23, state their occupations, and if they specialize in any particular field, set forth their areas of specialization. Response: Defendant's witnesses for trial have not been identified. 25. Set forth the qualifications of each expert indicating the schools attended and degrees received. Page 10 of 13 Response: Defendant's witnesses for trial have not been identified. 26. State each expert's experience in particular fields, including names and addresses of employers with inclusive years of employment and positions held. Response: Defendant's witnesses for trial have not been identified. 27. Set forth the facts to which each expert is expected to testify. Response: Defendant's witnesses for trial have not been identified. 28. Set forth the opinion to which each expert is expected to testify. Response: Defendant's witnesses for trial have not been identified. 29. Set forth in detail the factual information and materials supplied to each such expect by defendant or his agent or attorney which was used as a basis for his (or her) opinions, including any and all documents, reports or records furnished, all testimony, statements and reference materials reviewed, all physical evidence, objects, test results, inspection reports, photographs, plans or tangible things provided to each expert for review or inspection with the place and date each review or inspection. Response: Defendant's witnesses for trial have not been identified. 30. Set forth a summary of the grounds for each opinion to which the expert is expected to testify, including but not limited to, any tests or experiments conducted and any text, statue, regulation or industry standard upon which the expert will rely. Identify Page 11 of 13 all such texts, including name, author, edition and page, and all such statues, regulations or industry standards. Response: Defendant's witnesses for trial have not been identified. 31. As to each person listed in responses to Interrogatory No.23, state the full captions of all cases in which each person has testified as expert witness in the past five years and the names and addresses of the counsel involved in each case. If the full captions are unavailable, give the names of the cases and state the names of each court in which they were brought or tried, as well as the approximate date of trial. Response: Defendant's witnesses for trial have not been identified. Request for Production No. 8 Produce any and all reports relating to any expert testimony, as well as a current curriculum vitae for each expert. Response: Until Defendant's witnesses have been identified, no reports will be produced to any expert testimony. 32. State the name and address of any expert whom you have consulted or retained in anticipation of litigation, or preparation for trial, who is not expected to be called as a witness at the time of trial. Response: Defendant has no such expert. Page 12 of 13 33. State the name and address of any non-expert you have consulted or retained in anticipation of litigation, or preparation for trial, who is not expected to be called as a witness at the time of trial. Response: Defendant has no such non-expert that has been consulted, or retained VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 11 th day of October 2007. Respectfully submitted and signed by Russell E. Clouser, Page 13 of 13 LIST OF EXHIBITS EXHIBIT # 1 Defendant's billing error dispute letter with receipt confirmation. EXHIBIT # 2 Plaintiff's answers to Defendant's discover request. EXHIBIT # 3 A copy of the State of Delaware - Title 5 - Banking - Chapter 1 - Subchapter II - Section 141 - Retention of Financial Institution Records. EXHIBIT # 4 A copy of the PA Rules of Evidence - Rule 901(a) (b) (c) Requirement of Authentication or Identification, Bank of America P.O. Box 1390 Norfolk, VA 23501-1390 February 12 , MO RE: Billing Error on Account # 4427-1030-1372-3621 Amount in Dispute: $ 4992.14 Dear Bank of America Visa: I am writing regarding the above account. I believe that my most recent statement, 02/02/04 is inaccurate. I am disputing the above amount because I believe that you failed to credit my account for prepayments you agreed to credit on the statement dated 02/02/04. It was my understanding that when I entered into the agreement with you that you would accept my signed note(s) or other similar instrument(s) as money, credit or payment for previous account transactions, and then reflect those credits in the statement dated 02/02/04. They do not appear in the statement and I am wondering.why. The amount of the credits on the prepayments of money or credit accepted by you should be the approximate amount that I list above. I am making this billing inquiry since I am uncertain of all the dates of the prepaid credits and also since there may be additional credits that I am entitled to. Please provide me with a written explanation why these credits are not showing. I am requesting that you provide me with an acknowledgement of this billing error and complete a full investigation by sending me a written explanation report related to the subject matter of this billing error. I am also requesting additional documentary evidence of indebtedness of the account showing that you did not accept any note or similar instrument from me without properly crediting my account as agreed, which includes copies of the account entries that made you arrive at the recent balance shown on my statement. I may exercise my right to withhold the disputed amount until you comply. Thank you for your time and consideration in this matter. If you have any questions please contact me immediately at the address below, but make sure your questions reference an acknowledgement to this billing error dispute. Lastly, please remove my phone number(s) 717-737-3334 and 717-730-6022 from your solicitation list as I do not wish to do any business with Bank of America Visa over the phone. I am requesting that all communications be conducted in writing, and I appreciate your honoring my request. l Si e M?R ssell Clouser Exhibit # 1 II Countryside Court Camp Hill, Pa 17011 Certified Mail#: 7003-3110-0006-2758-8182 Eftit # I ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. A Signature ?? X D Agent ? Addre B. Received by (Printed Name) C. Date of Delivery A. Edmunds D. Is delivery address different from item l? D Yes. 1. Article Addressed to: If YES es delivery address below: D No 3QO CX A t`t1 e, tC'Ct ! ?p 3. WReturn press Mail D RegReceipt for Merchandise ` l " D insured man D C.O.D. 4. Restricted Delivery? (Extra Fee) D Yes 2. Article Number 7003 31x10 0006 2758 8182 (Transfer from senrJce label) PS Fo . n 3811, August 2001 Domestic Return RecF-r* yo25se oz M.ts?o m Ecl Ln f`- Postal CERTIFIED MAIL,,,, R Womestic Only; Alai? ECEIPT ' r1.1 Postage $ o C3 certified Fee ' 0 Retum Redept Fee (Endorsement Required) Pos t' r-q r-q Resirlcted DeliveryF" (Endorsement Required) 1 c1L7 M Toial Postage a Fees M C3 0 171 9ent [7txt>?! rf A rsler ?5 t 4 1 t?? - ....... ..a...s._... .. or PD Box No. P ..( o ,t s}p al a...a ...... .....................................a.................. c, VA CYI .li alf _ Exhibit # 1 BURTON NEIL & ASSOCIATES, P.C. Yale Weinstein, Esquire ID No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A. (USA) Plaintiff V. RUSSELL E. CLOUSER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6157 CIVIL : CIVIL ACTION -LAW Plaintiffs Answers and Objections to Requests for Admissions Plaintiff Bank of America, N.A. (USA) by its counsel Burton Neil & Associates, P.C. hereby objects to and answers Defendant's Requests for Admissions as follows: 1. Admitted. 2. Admitted. Defendant is entitled to credits that were posted to account no. 4427103013723621. 3. Denied. There is due plaintiff the sum of $7,965.51 on account number 4427103013723621. 4. Denied. See response to Request for Admission #3. 5. Denied. Defendant owes the balance stated in the complaint. Defendant did not pay plaintiff the balance owed on the account. Defendant is in breach of terms and conditions by failing to pay in full or make the required minimum monthly payments. 6. Objected to under. Pa. R.C.P. 4011(a), (b), (c) and (e). 7. Objected to under Pa. R.C.P. 4011(a), (b), (c) and (e). BurtgMNeil & Associates, P.C. By We Weinstein, Esquire In making this communication, we advise our firm is a debt collector. EzhiNt# a BURTON NEIL & ASSOCIATES, P.C. Yale Weinstein, Esquire ID No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attornev for Plaintiff BANK OF AMERICA, N.A. (USA) Plaintiff V. RUSSELL E. CLOUSER Defendant N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6157 CIVIL CIVIL ACTION - LAW Plaintiffs Answers to Defendant's Interrogatories Plaintiff Bank of America, N.A. by its counsel Burton Neil & Associates, P.C. hereby objects to and answers Defendant's Interrogatories as follows: John P. Farrell, Attorney. Frederick J. Hanna & Associates, 1655 Enterprise Way, Marietta, GA 30067.770-988-9055 Regina Check, Support Specialist, Bank of America, 4161 Piedmont Parkway, Greensboro, NC 27410 800-475-2025 2. Regina Check, Support Specialist, Bank of America, 4161 Piedmont Parkway, Greensboro, NC 27410 800-475-2025. 3. Defendant's account has not been reviewed by a CPA. 4. Plaintiffs witnesses for trial have not yet been identified. The witness assigned would testify that an account existed between Bank of America N.A. and the defendant failed to pay the balance due. 5. Plaintiff was not a party to the events, transactions and occurrences that gave rise to the action, that is, the underlying charges, purchases and use of credit by defendant. This knowledge would be known by defendant and the vendors and merchants patronized by defendant. Plaintiff's monthly statements sent to defendant would reflect the name of each merchant. Exhibit # .a 6. Plaintiff Bank of America N.A. issued a credit card account to defendant subject to the terms and conditions of the cardholder agreement. Defendant violated the agreement by failure to make the required payments arising from defendant's use of the credit card. Burtorl.,leil & Associates, P.C. CC By e Weinstein, Esquire In making this communication, we advise our f, is a debt collector. Exhibit # BURTON NEIL & ASSOCIATES, P.C. Yale Weinstein, Esquire ID No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A. (USA) Plaintiff V. RUSSELL E. CLOUSER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6157 CIVIL : CIVIL ACTION -LAW Plaintiffs Answers to Request for Production of Documents Plaintiff Bank of America, N.A. (USA) by its counsel Burton Neil & Associates, P.C. hereby objects to and answers Defendant's Request for Production of Documents as follows: 1. After reasonable investigation it has been determined that there are no written documents, 'records, journals and bookkeeping entries. Plaintiff's records for defendant's account are all maintained electronically. The detail which is sought in this request is reflected in the monthly statements which were sent to defendant. Defendant specifically indicated that monthly statements were not required. As such, no further response is made. 2. The documents to be produced in support of the action will be the monthly statements as noted in the response above. Defendant specifically indicated that monthly statements were not requested. As such, no further response is made. 3. After reasonable investigation it has been determined that plaintiff has no documents responsive to the request to produce merchant slips, signed receipts and/or other similar receipts/slips for the last three (3) years evidencing each charge. Plaintiff avers that it was not a party to the sales transaction which would have produced the requested documents. Neil &JAssociates, P.C. By ale Weinstein, Esquire In making this communication, we advise our is a debt collector. Exhibit # BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire ID #11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A. (USA) Plaintiff V, RUSSELL E. CLOUSER Defendant Plaintiffs Answers to Defendant's Second Set of Requests for Admission Plaintiff Bank of America, N.A. (USA) by its counsel Burton Neil & Associates, P.C. hereby answers Defendant's Second Set of Requests for Admission as follows: 1. Objected to pursuant to Pa R.C.P. 40.11(a) and (c) and 4014 in that the requested matter does not relate to statements or opinions of fact or of the application of law to fact. 2. Objected to pursuant to Pa R.C.P. 4011(a) and (c) and 4014 in that the requested matter does not relate to statements or opinions of fact or of the application of law to fact. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6157 CIVIL CIVIL ACTION - LAW Burton Neil & Associates, P.C. By Burton Neil, Esquire In making this communication, we advise our firm is a debt collector. Exhibit # BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire ID # 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A. (USA) Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL E. CLOUSER Defendant : NO. 04-6157 CIVIL : CIVIL ACTION - LAW Plaintiffs Answers to Defendant's Second Set of Interrogatories Plaintiff Bank of America, N.A. by its counsel Burton Neil & Associates, P.C. hereby answers Defendant's Second Set of Interrogatories as follows: John P. Farrell, Attorney. Frederick J. Hanna & Associates, 1655 Enterprise Way, Marietta, GA 30067, 770-988-9055 Regina Check, Support Specialist, Bank of America, 4161 Piedmont Parkway, Greensboro, NC 27410, 800-475-2025. 2. An itemization of the charges are included in the copies of the monthly billing statements plaintiff attached to its answers to defendant's second set of request for production of documents. Plaintiff reserves the right to supplement this response. 3. Plaintiff is a national bank association. Upon defendant's request, plaintiff extended consumer credit to defendant and sent defendant a credit card with terms and conditions which defendant accepted. Defendant used the credit card and did not pay plaintiff for the charges due on the account. 4. Plaintiff's cause of action is based upon a breach of contract. 5. Plaintiff's cause of action is not founded upon a statute. 6. Plaintiff's legal theory is that defendant breached the contract between plaintiff and defendant by failing to pay in full the monthly billing statement balance or make the required minimum monthly payment. 7. Plaintiff intends to prove the existence of a contract to which the plaintiff and the defendant were parties, the essential terms of that contract, a breach of the duty imposed by that contract and damages as a result. Exhibit # S. Plaintiff incorporates its response to Interrogatory #3 by reference as if set forth at length herein. 9. Plaintiff's witnesses for trial have not yet been identified. The witness assigned would testify that an account existed between Bank of America N.A. and the defendant failed to pay the balance due. Plaintiff reserves the right to supplement this response. 10. Plaintiff was not a party to the events, transactions and occurrences that gave rise to the action, that is, the underlying charges, purchases and use of credit by defendant. This knowledge would be known by defendant who made the charges using the credit card and the vendors and merchants to whom defendant presented the credit card to ring up the charges. The information regarding the charges was summarized in the monthly billing statements plaintiff sent to defendant. No response as the requests for admissions were objected to. Burton 4 I & Associates, P.C. ...........:............ . By Burton Neil, Esquire In making this communication, we advise our firm is a debt collector. Exhibit # t BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire ID #11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A. (USA) Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL E. CLOUSER Defendant IN THE COURT OF COMMON PLEAS NO. 04-6157 CIVIL CIVIL ACTION - LAW Plaintiffs Answers to Defendant's Second Set of Request for Production of Documents Request No. 1. Copies of the statements for the billing date period of October 2, 2003 through March 2, 2004 are attached hereto and marked Exhibit 1'. Plaintiff will provide defendant with more statements of account as they become available. Request No. 2. None stated by defendant. Request No. 3. Plaintiff incorporates its response to Request No. 1 and also the terms and conditions attached to the complaint. B on Neil & Associates, P.C. s By Burton Neil, Esquire In making this communication, we advise our firm is a debt collector. Exhibit # 1014427103p13723e212M31002 0000000 0011291 0500284 4427103013723621 {.{{uiluuu{li.in{ru{.idr.liJlnli{lu1{u1{{{un{{u) BANK OF AMERICA PO BOX 5270 CAROL STREAM IL 60197-5270 RUSSELL E CLOUSER 11 COUNTRYSIDE CT CAMP HILL, PA 17011 RUSSELL E CLOUSER Account Number: 442710301372 3621 Your Bank -of America Platinum Visa Account Payment Coupon Account Number 442710301372 3621 Past Duo Amount $0.00 11 1- ?_- 111.411-Owl- ?r Total Minimum Payment Due $112.91 Amount Enclosed Make check or money order payable to Bank of America. Transactions View rewt_transecdons and pay your bill online at www.bankofarnsdca.com. POST. TRANS. REF. DESCRIPTION AMOUNT GATE DATE . NO. CA-CREDIT SEP 30 SEP 29 7430I733272ee00010205M WESTSHORE OFFICE LEMOYNE PA 3 4;a00.00 SEP 30 SEP 30 743017332729e000102MM -FINANCE CHARGE'-'CASH ADVANCE FEE $192.00 OCT 02 CCT 02 PERIODIC FINANCE CHARGE $ 10104 Account Summa Previous Balance $ 0.00 Purchases + $ 0.00 Cash Advances + $4,800.00 Other Debits + $0.00 Credits - $ 0.00 FINANCE CHARGE + $ 202.84 Payments - $ 0.00 New Balance $5.002.84 Finance Charm Summary Comesponding Dally Periodic Average Daily Minimum (M) / APR Rate(DPR) Bakvw*(ADB) Periodo (P) Charge Purchases 11.900% 0.03261% $0.00 $ O.OOP Cash 19.990% 0.05477%v $ 659.73 $ 10.84P ANNUAL PERCENTAGE RATE 50.507% v-Variable Bask WAmefka •W Customer Comer CELEBRATE FALL THIS' OCTOBER AND SAVE $10 FROM FTD.COMI VISIT WWW.FTD.COM/BOA AND SAVE $10 WHEN YOU SEND FLOWERS AND GIFTSI CHOOSE FROM OVER 1000 FLORAL AND SPECIALTY GIFT PRODUCTS. SAME DAY DELIVERY AND A 100% SATISFACTION GUARANTEEI AWAY FROM YOUR COMPUTER? CALL 1.800.SEND.FTD AND GIVE PROMO CODE 2643 TO SAVE $10 WITH FTD.COMI BANK OF AMERICA IS NOT AFFILIATED WITH FTD.CCM. AS A BANK OF AMERICA CUSTOMER YOU CAN SAVE UP TO 20% WHENEVER YOU RENT FROM AVIS AT ANY OF MORE THAN 4,000 LOCATIONS WORLDWIDE. YOU CAN SAVE EVERY TIME YOU RENT, WHETHER RENTING FOR BUSINESS OR PLEASUREI TO RECEIVE YOUR DISCOUNT, SIMPLY PROVIDE YOUR BANK OF AMERICA / AVIS WORLDWIDE DISCOUNT (AWD) NUMBER A439109 WHEN BOOKING A VEHICLE. FOR RESERVATIONS, SEE YOUR TRAVEL CONSULTANT, LOGON TO AVIS.COM OR CALL 1.800.831.8000. BANK OF AMERICA IS NOT AFFILIATED WITH AVIS. -",IHIBIT 24-Hour Customer Service 1.800.732.9194 Pay onlltwl Visit For Lost or Stolen Cards 1.800.848.8090 www.bankohawk&com 101442710301372302120031002 Access your account online at WWW.bankofamerica.com. RUSSELL E CLOUSER Pay online today. Enroll in Online Banking at www.bankcfamerica.com 24-hour customer service 1.800.732.9194 For lost or stolen cards 1.800.848.6090 Pape 2 of 2 Customer Corner GET A CD PLAYER FOR TRYING TRAVELERS ADVANTAGE REWARDS AND DISCOUNT PROGRAM, TWO MONTHS FOR. ONLY $1. GO TO 'WW W. TRAVE LERSAD VANTAGE. COMIOFFER' NOW TO CLAIM YOUR CD PLAYER. YOU'LL SAVE ON CAR RENTALS, HOTELS, AIRFARE AND MUCH MOREL 101442710301372382120031102 0011291 0015486 0504389 4427103013723621 loll Ifill 1111111111611111111111111111111111111111111111111111) DANK OF AMERICA PO BOX 5270 CAROL STREAM IL 60197-5270 RUSSELL E CLOUSER 11 COUNTRYSIDE CT CAMP HILL, PA 17011 RUSSELL E CLOUSER Account Number: 442710301372 3621 Your Bank of America Platinum Visa Account Transactions Vkw recent transactions and pay your bill online at www.bankof mwica.Com. POST. TRANS. REF. DESCRIPTION AMI"T DATE DATE 'NO. CA-CREDIT OCT 23 OCT23 LATE PAYMENT FEE S35.00 OCT 31 OCT 31 304857W 000667OW403104 Payment. Thank you CR111191 NOV 02 NOV 02 PERIODIC FINANCE CHARGE 1 K96 NOV 02 NOV 02 OVERL.IMIT FEE ASSESSED FOR OCT 23,2W3 S 3200 Account Summa Previous Balance $5,002.84 Purchases + $0.00 Cash Advances + $0.00 Other Debits + $ 67.00 Credits - $ 0.00 FINANCE CHARGE + $86.96 Payments - $112.91 New Balance $ 5,043.119 Finance Charoe Sum Corresponding Daily Psrlodc Average Dally Minimum (M) J APR Rate(DPR) Balance(ADS) Periodic (P) Charge Purchases 11.900% 0.032619E $12.44 $ 1.50M Cash 19.990% 0.05477%v $5,033.21 $ 85.46P ANNUAL PERCENTAGE RATE 20.681% v-Vadabie Payment Coupon Account Number 44271030 1372 3621 ss. ?..9-.Sfr'z ii'_i33i •r_;ti _y ,... .. .wr: Past Due Amount $0.00 X Ow 1~ Total Minimum Payment Due $154.86 Amount Enclosed Make check or money order payable to Bank of America. BaskolAmerks 4W Customer Corner GET$20 IN GAS WHEN YOU TRY AUTOVANTAGE FOR TWO MONTHS FOR ONLY $1. 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COM/O F F ER' TO TRY AUTOVANTAGE NOWT PLEASE REMIT THIS OVERLIMIT AMOUNT TO US IMMEDIATELY OR CALL: 1.900.633.5518. 24-Hour Customer Service 1.800.732.9194 Pay online) Visit For Lost or Stolen Cards 1.800.848.6090 www.bankatamerlimcom 1014427103013723a2t20031202 0015486 0075065 0503977 4427103013723621 Igill IIII IIIII HlIIII II to [III III III ILIIII III III It01fIgill I II BANK OF AMERICA PO BOX 5270 CAROL STREAM IL 60197-5270 RUSSELL E CLOUSER 11 COUNTRYSIDE CT CAMP HILL, PA 17011 RUSSELL E CLOUSER Account Number: 442710301372 3621 Your Bank of America Platinum Visa Account Payment Coupon Account Number 44271030 1372 3621 Past Due Amount $0.00 111: 12-11011 01-M-11, Total Mlnimum Payment Due $150.65 Amount Enclosed Make check or money order payable to Bank of America. Transactrons View recant trarlsacdm and Slav Your bill onlne at www.bankofam erica POST. TRANS REF. DESCRIPTION AMOUNT DATE DATE NO OR-CREDIT NOV 2I NOV 2a LATE PAYMENT FEE 6 36.00 DEC 01 DEC 01 33686700000a670176=44 Paymam - Thank you CRS 164.89 DEC 02 DEC 02 PERIODIC FINANCE CHARGE 68374 DEC 02 DEC 02 OVERLIMfT FEE ASSE39ED FOR NOV 28.200:1 $ 32.00 Account 8umm Previous Balance $ 5,043.89 Purchasas + $ 0.00 Cash Advances + $0.00 O#w Debits + $ 67.00 Credits - $ 0.00 FINANCE CHARGE + $ 83.74 Paynlants - $154.86 Now Balance $5,039.77 Finance Charne Summary Corresponding Deily Periodic Averap Daily Minimum (M) i APR Rats(DPR) Salance(ADS) Periodic (P) Charge Purchases 11.900% 0.032619E $ 74.56 $ 1.50M Cash 19.990% 0.05477%v $ 5,004.89 $ 82.24P ANNUAL PERCENTAGE RATE 19.783% v-Variable Bank of America ISO. Custonwr Comer 'IMPORTANT REMINDER' PENALTY RATE PRICING WILL GO INTO EFFECT, AS STATED IN YOUR CARDHOLDER AGREEMENT, IF YOUR ACCOUNT EXCEEDS THE ASSIGNED CREDIT LINE THREE (3) TIMES WITHIN A 12-MONTH PERIOD. GET $20 IN GAS WHEN YOU TRY AUTOVANTAGE FOR TWO MONTHS FOR ONLY $1. SAVE ON CAR MAINTENANCE AND GET PEACE OF MIND WITH 24-HR ROADSIDE ASSISTANCE FOR YOU AND YOUR IMMEDIATE HOUSEHOLD. RETURN THE FORM WE'LL SEND YOU IN YOUR SAVINGS MATERIALS TO GET YOUR $20 IN GAS. GO TO 'W W W.AUTOV ANTAGE. CON/ OFFER? TO TRY AUTOVANTAGE NOWI YOU'RE PROBABLY PAYING TOO MUCH FOR CELLULAR SERVICE. SAVE UP TO $100-00-4200.00 ... EVEN $500.00 ANNUALLY WITH ONE EASY PHONE CALL. CALL INPHONIC TOLL FREE AT 1.800-249-7615 TODAY. (BONUS CODE.20276) PLEASE REMIT THIS OVERLIMIT AMOUNT TO US IMMEDIATELY OR CALL: 1.800.633.5518. 24-Hour Customer Service 1.800.732.9194 Pay online! Vlsh For Lost or Sloien Cards 1.800.848.6090 www.bankoftxwdca.com 101 442710301372382120040102 0015065 0015220 0504129 4427103033723621 11111111111111111011 oil III IIII Igo IJIIt JIIIII I IIIIIIMill l BANK OF AMERICA PO BOX 5270 CAROL STREAM IL 60197-5270 RUSSELL E CLOUSER 11 COUNTRYSIDE CT CAMP HILL, PA 17011 RUSSELL E CLOUSER Account Number: 442710301372 3621 Your Bank of America Platinum Visa Account Payment Coupon Account Number 44271030 1372 3621 Past Due Amount $0.00 Total Minimum Pa ._._-yrrwnt Due $152.20f Amount Enclosed Make check or money order payable to Bank of America, Transactions View recent transacdons and aav your bill online at www.balnkolarnerica.com. POST. TRANS. REF. OE3CRIPTM AMOUNT DATE DATE NO. CR-CREDIT DEC 27 OEC 27 LATE PAYMENT FEE 63600 DEC 2e DEC 29 303867000 om7023104e44 Paymurt - Tbw* you CF IS 180.56 JAN 02 JAN 02 PERbDIC FWNANCE CHARGE S9117 JAN 02 JAN 02 OVERUMIT PEE ASSSSSED MR DEC 27, 2003 $ 3200 Account Summa Previous Balance $5,039.77 Purchases + $ 0.00 Cash Advances + $ 0.00 Other Debits + $ 67.00 Credits - $0.00 FINANCE CHARGE + $85.17 Payments - $150.65 New Balance $ 5,041.29 Finance Chance Summa Corresporlang Dally Periodic Average Daily Mininwm (M) / APR Rate(DPR) Baiancs(AOB) Periodic (P) Charge Purchases 11.9000/0 0.03261% $136.58 $ 1.50M Cash 10.9909'. 0.05477%v $4,927.03 $ 83.67P ANNUAL PERCENTAGE RATE 20.180% "Vadable 6ankslAmaim 4$? homer Comer 'IMPORTANT REMINDER' PENALTY RATE PRICING WILL GO INTO EFFECT, AS STATED IN YOUR CARDHOLDER AGREEMENT, IF YOUR . ACCOUNT EXCEEDS THE ASSIGNED CREDIT LINE THREE (3) TIMES WITHIN A 12-MONTH PERIOD. AS A BANK OF AMERICA CUSTOMER YOU CAN SAVE UP TO 2092 WHENEVER YOU RENT FROM AVIS AT ANY OF MORE THAN 4,000 LOCATIONS WORLDWIDE. YOU CAN SAVE EVERY TIME YOU RENT, WHETHER RENTING FOR BUSINESS OR PLEASURE! TO RECEIVE,YOUR DISCOUNT, SIMPLY PROVIDE YOUR BANK OF AMERICA/ AVIS WORLDWIDE DISCOUNT (AWD) NUMBER A439109 WHEN BOOKING A VEHICLE. FOR RESERVATIONS, SEE YOUR TRAVEL CONSULTANT, LOG ON TO AVIS.COM OR CALL 1.800.831.8000. BANK OF AMERICA IS NOT AFFILIATED WITH AVIS. GET A CD PLAYER FOR TRYING TRAVELERS ADVANTAGE REWARDS AND DISCOUNT PROGRAM, TWO MONTHS FOR ONLY $1. GO TO 'W W W.TRAVE LERSADVANTAG E. COM /OFFER' NOW TO CLAIM YOUR CD PLAYER. YOU'LL SAVE ON CAR RENTALS... HOTELS... AIRFARE AND MUCH MOREI PLEASE REMIT THIS OVERLIMIT AMOUNT TO US IMMEDIATELY OR CALL: 1.000.633.5518. 24-Hour Customer Service 1.800.732.9194 Pay onlinel Visit For Lost or StMon Cards 1.800.848.6090 www.bankotemericacom r a , I 01442710301372382120040102 Access your account online at www.bankofamerica.com. RUSSELL E CLOUSER Payy online today. Enroll in Online Banking at www.bankofamerica.com 241cur customer service 1.800.732.9194 For lost or stolen cards 1.800.848.6090 Popp 2 of 2 Customer Comer YOUR REWARD HAS BEEN APPROVED AND IS READY TO SHIPI AS A BANK OF AMERICA CARDHOLDER, YOU CAN CLAIM HIGH-QUALITY MERCHANDISE REWARDS NOT AVAILABLE TO THE GENERAL PUBLIC FROM BRANDS SUCH AS LENOY, GUND, TONKA...AND MANY MOREI JUST GO TO WWW.REWARD.COM AND TYPE IN 080665 WHERE IT ASKS FOR YOUR REWARD CERTIFICATE. CLAIM YOUR REWARD TODAYI BANK OF AMERICA IS NOT THE PROVIDER OF THIS SERVICE AND IS NOT AFFILIATED WITH REWARD CENTER. Bank of Amorka -W- 0015220 0010983 0499214 4427103013723621 BANK OF AMERICA PO Box 5270 CAROL STREAM IL 60197-5270 (rut„t{,,,rrnttt?tf,?,,,t,t,i,,,t,tt,,,tttu,t,,,tti„rrttut RUSSELL E CLOUSER 11 COUNTRYSIDE CT CAMP HILL, PA 17011 RUSSELL E CLOUSER Account Number: "27 1030 1372 3621 Your Bank of America Platinum.VisailID Account Payment Coupon Account Number 4427 1030 1372 3621 New Balance $4.992.14 Past Due Amount $0.00 Payment Due Date 02/27/04 Total Mh mum Payment Due $109.83 Amount Enclosed I blre check or money order payable to Clank of America ToW Credit Una $5,000.00 Ava1lsbts Credit $7.86 Cash Limit $5,000.00 Available Cash $7.00 OMrrd Amount $0.00 ailing Date 02102(04 Minimum Psyrrmmt Due $109.83 Payment Due We 02127104 24-Hour Customer Sella 1.800.732.9194 Pay ontinsl Vw For Lost or Stolen Cards 1.800.80.11000 wwwAmnkofarnwilica.com Transactions Vl w scent transactions and pay your biu onfhre at www. .oom. POST. TRANS. REF. DESCRIPTION AMOUNT DATE DATE 40. CR.CREDIT Jan 27 Jan 2T 027 Pwywwi-TM*you CR lIak Feb 02 Feb 02 PERIODIC FINANCE CHARGE (103.06 Account Summary Previous Saw" 56,041.20 Purchase + $0.00 Cash Advances + $0.00 Other Debits + $0.00 Craft - $0.00 FINANCE CHARGE + $103.05 Peyrne is - $152.20 New Balance $4.992.14 Finance Charge Summary APR Rats WFI) i lalanoe (ADS) Periodic (P) Charge Purchases 23.990% 0.06573%v $143.67 32.93 P Cash 23.080% 0.06573%v $4,913.20 $100.12 P ANNUAL PERCENTAGE RATE 23.9900A v=Variable BankofAmartea I? NOTICE TO CUSTOMERS: You can review the Bank of Ameri e Privacy Poky onih» at 'www bankofamerica.corN Prn?l• In accordance with your Cardholder Agreement, your account has been moved into Penally Rate pricing. Your account will return to the regular interest rate after you male the Minimum Payment Due on t{me for seven (7) consecutive months without going OvedmR. Bank of Amorles -4401- 0015220 0026872 0515530 4427103013723621 BANK OF AMERICA PO BOX 5270 CAROL STREAM IL 60(197-5270 llllaliit11111111a11111II11i1111111111111illitl/11111111111110 RUSSELL E CLOUSER 11 COUNTRYSIDE CT CAMP HILL, PA 17011-1518 111#11111111 111 11111 11111 1 1111111 11 111116 111 111 011111111011 1 RUSSELL E CLOUSER Account Number. "27 1030 1372 3621 Your Bank of America Platinum vsaS Account 5-v?4 parnent coupon Account Number 442710303 1372 3821 Now Balance $5,155.30 Past Due amount $109.63 Payment Due ode 03+27104 Total Mlninuun Pat"wtt Due $286.72 Amount Enclosed Ilaake check or money order pw*A to Bank of America Tote) Credit Line $6.000.00 Available Credt $0.00 Cash Limit $5,b00.00 AVOW *@ Cash $0.00 Overlimit Amount $123.30 B3kap Date M102104 Minimum Payment Due $288.72 Payment Due Date 03/27104 24-Hour Customer Service 1.600.732.9194 Pay w" I Vint For Lost or Stolen Cards 1.800.848.8000 www.baldco(anwrlaconl Transactions vww.wo. t transactions and p.yywr bill onlins at vwwv.bwftf nwIca.oom. TRANS REF. POST DESCRIPTION AMOUNT . . DATE DATE NO. CRaCREDIT Feb 27 Fab 27 LATE PAYMENT FEE M.00 Mar 02 Mar 02 OVERUMNT FEE ASSE36ED FOR MAR 02.2001 sum Mw 02 Mar 02 PERIODIC FPWXE CHARGE Sae. ne Account Summary Previous Balance $4,992.14 Purchases + $0.00 Cash Advances + $0.00 Other Debits + $67.00 Credits - $0.00 FINANCE CHARGE + $96.18 Peyments - $0.00 New Balance $9,156.30 Finance PM Balance (i4M Peliodlc T) Purchases 23.960% 0.06573%v $98.91 $1.89 P Cash 23.990% 0.06M%v $4,946.48 $94.27 P ANNUAL PERCENTAGE RATE 23.890% vaVartahle Bankof Amorks 44P? Cugl r Corner CLAIM YOUR REWARD TODAYI Asa valued Bank d America Cardholder, you can claim high-quality merclwxbo rawlyds far a small fee from brands such as Disney, Lenart, and Tonkel. 4ud go to WVM.REWAROCENTER.COM and type in 108712 whore 4 asks for your reward rye. Fashued rewards & special deals we fraquerdty, updated, so act now! 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O J_- o o c c ? m .J ?° c m __ C m C ° -.C a' a T= = 3 m3 - o O - - m C} D m i_ C C " f Q y b m m-a - m° j w o K o .s ,?-'+ moo= -cc ?'=°'? n G??- ao•O'<?? m m3gj? m??33 on?°-'n _- o?`-'=m Jo. '-? m=?4m _ C Q o G Y= m O D n a°= ° o -` - K ?. m a? ?' n- ^O ° L, m._ b ? ?.` 7 ,r o m o j C S_ -?' vm. n C ON7°v' 0 cam, Q'..C?L.c "c?.-K =_ >r a ?= o i5 n F c°== ca'?NCf -a=a °°c= ° ?`o?-m m a £? "c= =? ?'? '-=?T?- ova - -c o¢3?mo _ n-_-,=o _.?...-.__ c- a ??.,N_m?- _ m°m _9°?,?na?o,__.nv3_?°=c??_? -nac? C.+•C?_C m-? -'p?.??_=Y?C= 003??? X00 o'iG o_-_c. cc o=_- _=? c.., _ - n -c _ c K C s o C `` O .-- c m 7 __ °V O= C - O= _ C C C = _?<--_ --_?? ??s=¢_ _no.,_ c-f=^c _e n_-_<y W?>D?o° ?mo-co -o?co-- ?'_?- p VoF-J'<-i?_? _.? cc ??c_C=mom? n -.c` a= =E M ? • BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire ID No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attornev for Plaintiff BANK OF AMERICA N.A. (USA) Plaintiff V. RUSSELL E. CLOUSER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6157 CIVIL : CIVIL ACTION -LAW Plaintiffs Answers to Defendant's Interrogatories - Set 3 Plaintiff Bank of AmericaN.A. (USA) by its counsel Burton Neil & Associates, P.C. hereby answers Defendant's Interrogatories as follows: 1. Plaintiff objects to interrogatory no. 1 pursuant to Pa.R.C.P. 4005. Plaintiff also objects pursuant to Pa. R.C.P. 4011(a) and (c). 2. Plaintiff objects to interrogatory no. 1 pursuant to Pa.R.C.P. 4005. Plaintiff also objects pursuant to Pa. R.C.P. 4011(a) and (c). 3. Plaintiff objects to interrogatory no. 1 pursuant to Pa.R.C.P. 4005. Plaintiff also objects pursuant to Pa. R.C.P. 4011(a) and (c). 4. Plaintiff objects to interrogatory no. 1 pursuant to Pa.R.C.P. 4005. Plaintiff also objects pursuant to Pa. R.C.P. 4011(a) and (c). 5. Plaintiff objects to interrogatory no. 1 pursuant to Pa.R.C.P. 4005. Plaintiff also objects pursuant to Pa. R.C.P. 4011(a) and (c). 6. Plaintiff objects to interrogatory no. 1 pursuant to Pa.R.C.P. 4005. Plaintiff also objects pursuant to Pa. R.C.P. 4011(a) and (c). BURTON NEIL & ASSOCIATES, P.C. By. (Burton Neil, Esquire Attorney for Plaintiff I In making this communication, we advise our firm is a debt collector. Exhibit # 0- w r BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire ID No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA N.A. (USA) Plaintiff V. RUSSELL E. CLOUSER Defendant Plaintiffs Answers to Request for Production of Documents - Set 3 Plaintiff Bank of.America N.A. (USA) by its counsel Burton Neil & Associates, P.C. hereby responds to Defendant's Request for Production of Documents-Set 3 as follows: 1. Objection. Plaintiff objects on the basis of Pa R.C.P. 4009.11(b). In addition, plaintiff objects pursuant to Pa R.C.P. 4011(a)(b) and (c). Further, plaintiff objects to this request on the grounds that it is vague and ambiguous, seeks documents that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence in this action, and is overbroad, burdensome and harassing and that it seeks information that is confidential, proprietary, and/or constitute or contain trade secrets. 2. Objection. Plaintiff objects on the basis of Pa R.C.P. 4009.11(b). In addition, plaintiff objects pursuant to Pa R.C.P. 401 l(a)(b) and (c). Further, plaintiff objects to this request on the grounds that it is vague and ambiguous, seeks documents that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence in this action, and is overbroad, burdensome and harassing and that it seeks information that is confidential, proprietary, and/or constitute or contain trade secrets. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6157 CIVIL CIVIL ACTION - LAW BURTON NEIL & ASSOCIATES, P.C. By: ;- Burton Neil, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. Exhibit # a. STATE OF DELAWARE TITLE 5 Banking State Banking Agencies CHAPTER 1. STATE BANK COMMISSIONER Subchapter II. Powers and Duties § 141. Retention of financial institution records. (a) All records of financial institutions and of federally chartered financial institutions, insofar as this section does not contravene paramount federal law, shall be retained for such minimum periods as the Commissioner may prescribe. (b) The Commissioner shall from time to time issue regulations classifying all records kept by these institutions and prescribing the minimum period for which these records shall be retained. The periods may be permanent or for a lesser term. Such regulations may be amended or repealed from time to time. The regulations shall be promulgated as provided for in Chapter 101 of Title 29. (c) In issuing the regulations required by subsection (b) of this section, the Commissioner shall consider: (1) Court and administrative proceedings in which the production of these records might be necessary or desirable; (2) State and federal statutes of limitation applicable to such proceedings; (3) Availability of information from other sources; and (4) Such other matters as the Commissioner shall deem pertinent in order that the regulations will require retention of records for such reasonable period as is commensurate with the interests of customers, depositors, stockholders and the peoples of the State in having such records available. (d) The Commissioner shall additionally prescribe the substitution of reproductions for the originals to cover the periods for which such records shall be retained. (e) Institutions may at their option dispose of any record which has been retained for the minimum period prescribed by the Commissioner. * This information can be found at - http://www.delcode.state.de.us/title5 U11 oil Rule 901. Requirement of Authentication or Identification (a) General Provision. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. (b) Illustrations. By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this rule: 1. Testimony of Witness `With Knowledge. Testimony that a matter is what it is claimed to be. ?. Nonexpert Opinion on Handwriting. Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation. 3. Comparison by Trier or Expert Witness. Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated. 4. Distinctive Characteristics and the Like. Appearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with circumstances. 5. Voice Identification. Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker. 6. Telephone Conversations. Telephone conversations, by evidence that a call was made to the number assigned at the time by the telephone company to a particular person or business, if (A)-in the case of a person, circumstances, including self-identification, show the person answering to be the one called, or (B) in the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone. 7. Public Records or Reports. Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept. 8. Ancient Documents or Data Compilation. Evidence that a document or data compilation, in any form, (A) is in such condition as to create no suspicion concerning its authenticity, (B) was in a place where it, if authentic, would likely be, and (C) has been in existence 30 years or more at the time it is offered. 9. Process or System. Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result. 10. Methods Provided by Law. Any method of authentication or identification provided by statute or by other rules prescribed by the Supreme Court. Comment Paragraph 901(a) is identical to F.R.E. 901(a) and consistent with Pennsylvania law. Although the authentication or identification requirement has not been authoritatively defined, Pennsylvania courts have imposed the requirement. It may be expressed as follows: When a party offers evidence contending either expressly or impliedly that the evidence is connected with a person, place, thing or event, the party must provide evidence sufficient to support a finding of the contended connection. See Commonwealth v. Pollock, 414 Pa. Super. 66,606 A.2d 500 (1992); Commonwealth v. Hudson, 489 Pa. 620, 414 A.2d 1381 (1980). In some cases, real evidence may not be relevant unless its condition at the time of trial is similar to its condition at the time of the incident in question. In such cases, the party offering the ExMA# 4 M i ? evidence must also introduce evidence sufficient to support a finding that the condition is similar. Pennsvlvania law treats this requirement as an aspect of authentication. See Commonwealth v. Hudson, 489 Pa. 620, 414 A.2d 1381 (1980); Heller v. Equitable Gas Co., 333 Pa. 433, 3 A.2d 343 (1939). Demonstrative evidence such as photographs, motion pictures, diagrams and models must be authenticated by evidence sufficient to support a finding that the demonstrative evidence fairly and accurately represents that which it purports to depict. See Nyee v. Muffley, 384 Pa. 107, 119 A.2d 530 (1956). Paragraph 901(b) is identical to F.R.E. 901(b). Paragraph 901(b)(1) is identical to F.R.E. 901(b)(1). It is consistent with Pennsylvania law in that the testimony of a witness with personal knowledge may be sufficient to authenticate or identify the evidence. See Commonwealth v. Hudson, 489 Pa. 620, 414 A.2d 1381 (1980); Heller v. Equitable Gas Co., 333 Pa. 433, 3 A.2d 343 (1939). Paragraph 901(b)(2) is identical to F.R.E. 901(b)(2). It is consistent with 42 Pa.C.S.A. n 6111, which also deals with the admissibility of handwriting. Paragraph 901(b)(3) is identical to F.R.E. 901(b)(3). It is consistent with Pennsylvania law. When there is a question as to the authenticity of an exhibit, the trier of fact will have to resolve the issue. This may be done by comparing the exhibit to authenticated specimens. See Commonwealth v. Gipe, 169 Pa. Super. 623, 84 A.2d 366 (1951) (comparison of typewritten document with authenticated specimen). Under this rule, the court must decide whether the specimen used for comparison to the exhibit is authentic. If the court determines that there is sufficient evidence to support a finding that the specimen is authentic, the trier of fact is then permitted to compare the exhibit to the authenticated specimen. Under Pennsylvania law, lay or expert testimony is admissible to assist the jury in resolving the question. See, e.g., 42 Pa.C.S.A. ? 6111. Paragraph 901(b)(4) is identical to F.R.E. 901(b)(4). Pennsylvania law has permitted evidence to be authenticated by circumstantial evidence similar to that discussed in this illustration. The evidence may take a variety of forms including: evidence establishing chain of custody, see Commonwealth v. Melendez, 326 Pa. Super. 531, 474 A.2d 617 (1984); evidence that a letter is in reply to an earlier communication, see Roe v. Dwelling House Ins. Co. Of Boston, 149 Pa. 94, 23 A. 718 (1892); testimony that an item of evidence was found in a place connected to a party, see Commonwealth v. Bassi, 284 Pa. 81, 130 A. 311 (1925); a phone call authenticated by evidence of party's conduct after the call, see Commonwealth v. Gold, 123 Pa. Super. 128,186 A. 208 (1936); and the identity of a speaker established by the content and circumstances of a conversation, see Bonavitacola v. Cluver, 422 Pa. Super. 556, 619 A.2d 1363 (1993). Paragraph 901(b)(5) is identical to F.R.E. 901(b)(5). Pennsylvania law has permitted the identification of a voice to be made by a person familiar with the alleged speaker's voice. See Commonwealth v. Carpenter, 472 Pa. 510, 372 A.2d 806 (1977). Paragraph 901(b)(6) is identical to F.R.E. 901(b)(6). This paragraph appears to be consistent with Pennsylvania law. See Smithers v. Light, 305 Pa. 141, 157 A. 489 (1931); Wahl v. State Workmen's Ins. Fund, 139 Pa. Super. 53, 11 A.2d 496 (1940); see also 2 McCormick, Evidence 0 226 (4th ed. 1992). Paragraph 901(b)(7) is identical to F.R.E. 901(b)(7). This paragraph illustrates that public records and reports may be authenticated in the same manner as other writings. In addition, public records and reports may be self-authenticating as provided in Pa.R.E. 902. Public records Exhibit# 4 and reports may also be authenticated as otherwise provided by statute. See paragraph 901(b)(10) and its Comment. Paragraph 901(b)(8) is identical to F.R.E. 901(b)(8), except that the Pennsylvania rule requires thirty years, while the Federal Rule requires twenty years. This change makes the rule consistent with Pennsylvania law. See Commonwealth ex rel. Ferguson v. Ball, 277 Pa. 301, 121 A. 191 (1923); Jones v. Scranton Coal Co., 274 Pa. 312, 118 A. 219 (1922). Paragraph 901(b)(9) is identical to F.R.E. 901(b)(9). There is very little authority in Pennsylvania discussing authentication of evidence as provided in this illustration. The paragraph is consistent with the authority that exists. For example. in Commonwealth v. Visconto, 301 Pa. Super. 543, 448 A.2d 41 (1982), a computer print=out was held to be admissible. In Appeal of Chartier Valley School District, 67 Pa. Cmwlth. 121, 447 A.2d 317 (1982), computer studies were not admitted as business records, in part, because it was not established that the mode of preparing the evidence was reliable. The court used a similar approach in Commonwealth v. Westwood, 324 Pa. 289, 188 A. 304 (1936) (test for gun powder residue) and in other cases to admit various kinds of scientific evidence. See Commonwealth v. Middleton, 379 Pa. Super. 502, 550 A.2d 561 (1988) (electrophoretic analysis of dried blood); Commonwealth v. Rodgers, 413 Pa. Super. 498, 605 A.2d 1228 (1992) (results of DNA/RFLP testing). Paragraph 901(b)(10) differs from F.R.E. 901(b)(10) to eliminate the reference to Federal law and to make the paragraph conform to Pennsylvania law. There area number of statutes'that provide for authentication or identification of various types of evidence. See, e.g., 42 Pa.C.S.A. a 6103 (official records within the Commonwealth); 42 Pa.C.S.A. a 5328 (domestic records outside the Commonwealth and foreign records); 35 P.S. 0 450.810 (vital statistics); 42 Pa.C.S.A. a 6106 (documents filed in a public office); 42 Pa.C.S.A. a 6110 (certain registers of marriages, births and burials records); 75 Pa.C.S.A. ? 1547(c) (chemical tests for alcohol and controlled substances); 75 Pa.C.S.A. a 3368 (speed timing devices); 75 Pa.C.S.A, n 1106(c) (certificates of title); 42 Pa.C.S.A. a 6151 (certified copies of medical records); 23 Pa.C.S.A. a 5104 (blood tests to determine paternity); 23 Pa.C.S.A. a 4343 (genetic tests to determine paternity). In general, evidence may be authenticated or identified in any manner provided by statute, these rules or decisional law. In some situations, decisional law has required strict compliance with a statute providing for authentication or identification of evidence. See Commonwealth v. Townsend, 418 Pa. Super. 48, 613 A.2d 564 (1992); Commonwealth v. Martorano, 387 Pa. Super. 151, 563 A.2d 1229 (1989). Exhibit # 4 f"a ^' ?"=' ` C? -s't c.;; nom G"'7 ? ""?? "?. ? ? T t .,.-? r .; r?.. '? .1 ?"?'. -?, ? r:: ?:. . -o - ?- ,? s s?. ; ? i ?";. +? Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Defendant, in propria persona. BANK OF AMERICA, N.A.(USA) Plaintiff, VS. RUSSELL E. CLOUSER, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 04-6157 : CIVIL -LAW Defendant. DEFENDANT'S RESPONSE TO PLAINTIFF'S FIRST SET OF REQUEST FOR ADMISSIONS Propounding Parry: Bank of America, N.A.(USA) Responding Party: Russell E. Clouser COMES NOW, Russell E. Clouser, Defendant, and hereby responds to Bank of America, N.A.(USA), Plaintiff's Request for Admissions, as follows: 1. With reference to the monthly billing statement for defendant's credit card account with the payment due date of October 22, 2003 attached hereto as requests for admission Exhibit 1: a. Defendant admits that the detail set forth in the monthly billing statements accurately for the monthly billing period his use of the account and accurately reflected all charges and credits to the account. Response: Denied. Defendant is disputing the amount owed to Plaintiff. Page 1 of 9 b. Within 60 days after defendant's receipt of the monthly billing statement he admits that no writing or other communication disputing, protesting or objecting to any of the charges or credits appearing in the monthly billing statement was sent to plaintiff. Response: After a reasonable investigation, Defendant lacks sufficient information to admit or deny this request. c. Defendant admits that with respect to the monthly billing statement, a written billing error notice was not sent to plaintiff. Response: Defendant admits that with respect to this monthly billing statement, a written billing error notice was not sent to Plaintiff. d. Defendant admits that after receipt of the exhibit 1 billing statement, he made a payment of the minimum payment due in the sum of $112.91. Response: Defendant admits making a payment. In regards to the amount of $112.91 being correct is denied on the basis that Defendant is unable to identify the payment as the one shown on the statement, without seeing the Plaintiffs books and records of original entry that pertain to Defendant. 2. With reference to the monthly billing statement for defendant's credit card account attached hereto and marked Exhibit 2, with the payment due date of November 27, 2003: a. Defendant admits that the detail set forth in the monthly billing statements accurately for the monthly billing period his use of the account and accurately reflected all charges and credits to the account. Response: Denied. Defendant is disputing the amount owed to Plaintiff. Page 2 of 9 b. Within 60 days after defendant's receipt of the monthly billing statement he admits that no writing or other communication disputing, protesting or objecting to any of the charges or credits appearing in the monthly billing statement was sent to plaintiff. Response: After a reasonable investigation, Defendant lacks sufficient information to admit or deny this request. c. Defendant admits that with respect to the monthly billing statement, a written billing error notice was not sent to plaintiff. Response: Defendant admits that with respect to this monthly billing statement, a written billing error notice was not sent to Plaintiff. d. Defendant admits that after receipt of the Exhibit 2 billing statement, he made a payment of the minimum payment due in the sum of $154.86. Response: Defendant admits making a payment. In regards to the amount of $154.86 being correct is denied on the basis that Defendant is unable to identify the payment as the one shown on the statement, without seeing the Plaintiff's books and records of original entry that pertain to Defendant. 3. With reference to the monthly billing statement for defendant's credit card account attached hereto and marked Exhibit 3, with the payment due date of November 27, 2003: a. Defendant admits that the detail set forth in the monthly billing statements accurately for the monthly billing period his use of the account and accurately reflected all charges and credits to the account. Response: Denied. Defendant is disputing the amount owed to Plaintiff. Page 3 of 9 b. Within 60 days after defendant's receipt of the monthly billing statement he admits that no writing or other communication disputing, protesting or objecting to any of the charges or credits appearing in the monthly billing statement was sent to plaintiff. Response: After a reasonable investigation, Defendant lacks sufficient information to admit or deny this request. c. Defendant admits that with respect to the monthly billing statement, a written billing error notice was not sent to plaintiff Response: Defendant admits that with respect to this monthly billing statement, a written billing error notice was not sent to Plaintiff. d. Defendant admits that after receipt of the Exhibit 3 billing statement, he made a payment of the minimum payment due in the sum of $150.65. Response: Defendant admits making a payment. In regards to the amount of $150.65 being correct is denied on the basis that Defendant is unable to identify the payment as the one shown on the statement, without seeing the Plaintiff's books and records of original entry that pertain to Defendant. 4. With reference to the monthly billing statement for Defendant's credit card account attached hereto and marked Exhibit 4, with the payment due date of January 2004: a. Defendant admits that the detail set forth in the monthly billing statements accurately reflected for the monthly billing period defendant's use of the account and accurately reflected charges to the account. Response: Denied. Defendant is disputing the amount owed to Plaintiff. b. Defendant admits that after receipt of the Exhibit 4 billing statement, he made a payment of the minimum due in the sum of $152.20. Response: Defendant admits making a payment. In regards to the amount of $152.20 being correct is denied on the basis that Defendant is unable to identify the Page 4 of 9 payment as the one shown on the statement, without seeing the Plaintiffs books and records of original entry that pertain to Defendant. 5. With reference to the monthly billing statement for Defendant's credit card account attached hereto and marked Exhibit 5, with the payment due date of February 27, 2004: a. Defendant admits that the detail set forth in the monthly billing statement accurately reflected for the monthly billing period his use of the account and accurately reflected all charges and credits to the account Response: Denied. Defendant is disputing the amount owed to Plaintiff b. Within 60 days after defendant's receipt of the monthly billing statement he admits that no writing or other communication disputing, protesting or objecting to any of the charges or credits appearing in the monthly billing statement was sent to plaintiff. Response: Denied. Defendant did a billing error dispute letter dated February 12, 2004 and sent to Plaintiff on February 25, 2004. c. Defendant admits that with respect to the monthly billing statement, a written billing error notice was not sent to plaintiff Response: Denied. Defendant did a billing error dispute letter dated February 12, 2004 and sent to Plaintiff on February 25, 2004. d. Defendant admits that after receipt of the Exhibit 5 billing statement, he made neither payment of the minimum payment due or payment in full. Response: Admitted. 6. Defendant admits that the last payment he made to plaintiff on the account was posted on January 27, 2004 in the sum of $152.20 as reflected in the Exhibit 4 billing statement Page 5 of 9 Response: Defendant admits making a payment. Defendant denies that any payment of $152.20 is registered on Exhibit 4 billing statement. Further, Defendant is unable to identify the payment as the one shown on the statement, without seeing the Plaintiff's books and records of original entry that pertain to Defendant. 7. With reference to the monthly billing statements for defendant's credit card account attached hereto and marked Exhibits 6 and 7, with the payment due date of March 27, 2004 and April 27, 2004: a. Defendant admits that the detail set forth in the monthly billing statement accurately reflected for the monthly billing period of defendant's use of the account and accurately reflected all charges and credits to the account.. Response: Denied. Defendant is disputing the amount owed to Plaintiff b. Within 60 days after defendant's receipt of the monthly billing statement he admits that no writing or other communication disputing, protesting or objecting to any of the charges or credits appearing in the monthly billing statement was sent to plaintiff. Response: After a reasonable investigation, Defendant lacks sufficient information to admit or deny this request. c. Defendant admits that with respect to the monthly billing statement, a written billing error notice was not sent to plaintiff Response: Defendant admits that with respect to these monthly billing statement, a written billing error notice was not sent to Plaintiff specifically as one was already sent dated February 12, 2004. d. Defendant admits that after receipt of the Exhibit 6 and 7 billing statement, he made no payment on the account. Response: Admitted Page 6 of 9 8. Defendant admits the New Balance amount appearing on the Exhibit # 7 monthly billing statement is $ 5,340.51. Response: Denied. Exhibit #7 does not accurately reflect the account balance. 9. Defendant admits plaintiffs calculation of the $ 5,340.51 amount is arithmetically accurate. Response: Denied. Plaintiffs calculation of the $ 5,340.51 amount is not arithmetically or mathematically correct. 10. Defendant admits he owes plaintiff the balance of $5,340.51 Response: Denied because Defendant does not owe Plaintiff $5,340.51 11. Defendant admits he did not sign or execute any note payable to plaintiff when the credit card account was opened. Response: After a reasonable investigation, Defendant lacks sufficient information to admit or deny this request. 12. Defendant admits he did not sign or execute any other instrument payable to plaintiff when the account was opened. Response: After a reasonable investigation, Defendant lacks sufficient information to admit or deny this request 13. Defendant admits that he did not in any manner make pre-paid credits on the account. Response: After a reasonable investigation, Defendant lacks sufficient information to admit or deny this request. 14. Defendant admits that his letter dated February 12, 2004 is a form which he obtained with instructions to insert the account number, alleged amount in dispute, and date of most recent statement. Page 7 of 9 Response: Denied. Defendant prepared and did the research required to prepare this letter dated February 12, 2004. 15. Defendant admits he has no facts to support his denials of plaintiffs complaint other than the statements made in the answer you filed. Response: Denied. Defendant has facts to support Defendant's claim against the Plaintiffs complaint. 16. Defendant admits he has no facts to support his defense of payment. Response: Denied. Defendant has facts to support the defense of payment 17. Defendant admits that he did not write to plaintiff regarding an alleged billing error February 12, 2004. Response: Denied. Defendant did write a billing error letter dated February 12, 2004. 18. Defendant admits he does not have and never did have a copy of the original contract referred to in his pleading. Response: Admitted. Plaintiff never sent me a copy of the original contract. 19. Defendant admits that the reference to the original contract was not his own choice of words but rather was the text reflected in the materials he purchased or obtained to avoid payment of the account. Response: Denied. Defendant prepares his own wording for his documents. 20. Defendant admits 15 U.S.C. Section 1666(e) of the Fair Credit Billing Act provides "(e) Effect of non-compliance with requirements by creditor: Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph (2) of subsection (a) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed $50." Page 8 of 9 Response: Admitted 21. Defendant admits that on or about September 29, 2003 he made a purchase at West Shore Office for the sum of $ 4800.00. Response: Admitted. 22. Defendant admits that when he made the $4800.00 credit card purchase at the West Shore Office in Lemoyne he had no intention to pay plaintiff in full. Response: Denied. Defendant had all intentions to pay the Plaintiff in full. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 11 m day of October 2007. Respectfully submitted and signed by Russell E. Clouser, Page 9 of 9 C7 '.a <, _-1 . r-: Q ?-i mFn Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Defendant, in propria persona. BANK OF AMERICA, N.A. Plaintiff, VS. RUSSELL E. CLOUSER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.:04-6157 : CIVIL - LAW Defendant. CERTIFICATE OF SERVICE I certify that a copy of Defendant's Response to Plaintiff's First Set of Interrogatories, Request for Production of Documents and Request for Admissions was sent on the 11 th day of October 2007, via first class, postage prepaid to the following person: Burton Neil & Associates, P.C. 1060 Andrew Drive Suite 170 West Chester, PA 19380 By : Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011 '? C,- , * ai, A Certificate of Service - Page 1 of l C r C::, C U IP C -3 --4 t_ - } IN THE COURT OF COMMON PLEAS OF Bank of America, N.A., (USA) CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v' NO. 6157 Civil 2004 Russell E. Clouser Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Riirrnn Nai 1 , Esq„ire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 5,340.51 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Co ppoint three (3) arbitrators to whom the case shall be submitted. Respect y sub , Burton Neil, Esquire Attorney for Plaintiff ORDER OF COURT AND NOW, , 200 , in consideration of the foregoing petition, Esq., and Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY .IV Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A., (USA) Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL E CLOUSER Defendant 1, Burton Neil, Esquire, do hereby certify that I served a true and correct copy of the within Plaintiff's Petition for Appointment of Arbitrators on pro se defendant, Russell E. Clouser, at his address of record via first class mail, postage prepaid on the date set forth below. Associates, P.C. Date: y f7 IN THE COURT OF COMMON PLEAS : NO. 04-6157 Civil : CIVIL ACTION -LAW Certificate of Service Neil, Esquire v for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 57244 SLOKY OFHE PP41!JMTARt g JUN -5 Pty 1 05 G`U?Rj4:j (;OUNN PENW&VANIA p All-4 ?'? ??to3o`? Bank of America, N.A., (USA) Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Russell E. Clouser Defendant NO, 6157 ) Civil 2004 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Rurro Npi l _ Fluj re , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 5,340.51 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Co ppoint three (3) arbitrators to whom the case shall be submitted. Respect y sub , Burton Neil, Esquire Attorney for Plaintiff ORDER OF COURT AND NOW, 200 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above t . , - _U captioned action (Actions) as prayed for. By th urt, v t? EDGAR B. BAYLEY { OF THE PRIIJ 2009 iUU 1 17 PM 2: 1 c qnlcg - Cor-as /nat LCCL T J71 ra . et,G,ur? i l BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire, Id. No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A., (USA) Plaintiff VS. RUSSELL E. CLOUSER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6157 CIVIL CIVIL ACTION - LAW Praecipe to Withdraw TO THE PROTHONOTARY: Plaintiff, Bank of America, N.A., (USA), hereby withdraws its Petition for Appointment of Arbitrators. By: BURTON NEIL, & ASSOCIATES, P.C. Burton Neil, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A., (USA) Plaintiff V. RUSSELL E CLOUSER Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6157 CIVIL : CIVIL ACTION - LAW Certificate of Service I, Burton Neil, Esquire, do hereby certify that I served a true and correct copy of the within pra to w/d arb request on pro se defendant, Russell E. Clouser at his/her address of record via first class mail, postage prepaid on the date set forth below. rton Neil Associates, P.C. Date: G By: /1 /11 B ei uire ttornev for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 57244 R LE D-- Fl F- 2009 kJUN 30 P i t: 44 BANK OF AMERICA, N.A., COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL E. CLOUSER, DEFENDANT 04-6157 CIVIL TERM AND NOW, this lit- day of July, 2009, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED. Robert C. Saidis, Esquire - Co M Yt Chairman P/ Court Administrator Caa f'k ": N -R :Sal .fir) OF Q"UNOTAOY 29"A-1 1': Q9 F`?`?G?hSY?„y?fA 57244 /314 2013 APR - I PM 1: 4 7 '";.1"IBE#� .AND COUNT`; Burton Neil &Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff BANK OF AMERICA,NA(USA) IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-6157 Civil RUSSELL E CLOUSER Defendant : CIVIL ACTION - LAW Praecipe to Discontinue To the Prothonotary: Kindly discontinue the above-captioned action witho prej dice. B on Neil Associates, P.C. By: urton N 1, Esquire Attorney or Plaintiff The law firm of Burton Neil & Associates is a debt collector.