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HomeMy WebLinkAbout05-0025BURTON 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 CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff V. RUSSELL E CLOUSER 11 Country Side Court, Camp Hill PA 17011-1518 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. O S _ ZS 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 C-4088 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 CITIBANK (SOUTH DAKOTA) N.A. IN THE COURT OF COMMON PLEAS 701 East 60th Street North, Sioux Falls, SD Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. RUSSELL E CLOUSER 11 Country Side Court, Camp Hill, PA Defendant CIVIL ACTION - LAW Complaint The plaintiff is Citibank (South Dakota) N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. The defendant is Russell E Clouser, who resides at I 1 Country Side Court, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff, a national banking association, engages in various types of banking business including consumer lending through the issuance of credit cards. 4. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number 5491492011291584 hereinafter referred to as the credit card account. 5. Plaintiff maintained an accurate and running record of all debits and credits to the credit card account in its books of account. 6. Plaintiff mailed defendant a written statement each month which accurately stated the debits and credits to the credit card account for the prior billing period. 7. Defendant received the monthly statements from plaintiff for the credit card account including the statement attached hereto as Exhibit A statement without protest, dispute or objection. 8. Defendant in not protesting, disputing or objecting to the statements including the Exhibit A statement thereby assented and agreed to the correctness of the balance due on the credit card account so as to constitute an account stated. 9. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit A statement, is $14,125.75. Wherefore, plaintiff demands judgment against defendant for the sum of $14,125.75, and the costs of this action. BURTON EIL & ASSO TES, P.C. By: Burt Nei , Esqu' Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. 10/07/04 RUSSELL E CLOUSER LISA M CLOUSER 11 COUNTRY SIDE COURT CAMP HILL 17011-1518000 $14125.75 PA $9999.99 SITE:KC-CL TM:CO-5000 ACID:KCB7150 10/21/04 19:24:13: CITI CARDS P.O. BOX 8108 S HACKENSACK, NJ 07606-8108 Citio Platinum Select Card Account Number 5491 4920 1129 1584 Customer Service: C tl0 1-800-983-6453 Total Credit Line Available Credit Line Cash Advance Limit Available Cash Limit New Balance $11980 $0 $11980 $0 $14125.75 PO Box 44167 Jacksonville, Statement/ FL Closing Date Amount Over Credit Line Past Due Purch/Adv n?Inimum Due Minimum Amount Due 32231-4167 09/13/2004 $2145.75 $1899.34 3304.36 $14125.75 Sale Date Post Date Reference Number Activity Since Last Statement Amount Standard Purch 9/13 OVER CREDIT LIMIT FEE 9/13 PURCHASES*FINANCE CHARGE*PERIODIC RATE 84 0000 0 Standard Adv 9/13 ADVANCES*FINANCE CHARGE*PERIODIC RATE 84 0000 0 Help is available! Please call the toll-free number shown above to learn about our special payment options. Call Monday -Friday, 7 am to 9 pm, or Saturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. IMPORTANT INFORMATION ABOUT CREDIT REPORTING: WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNt MAY BE REFLECTED IN YOUR CREDIT REPORT. Account Summary Previous (+) Purchases (-) Payments Balance & Advances & Credits PURCHASES $373.24 $29.00 50.00 ADVANCES 13424.15 , $0.00 $0.00 TOTAL ,797.39 13 $29.00 $0.00 Rate Summary Balance Subject to Periodic Finance Charge Rate PURCHASES Standard Purch $377.15 0.06710%(D) ADVANCES Standard Adv $13,564.71 0.06710%(D) 29.00 70000000000 8.10 70000000000 291.26 70000000000 (+) FINANCE (=) New CHARGE Balance .10 91 0.34 $ 2 .26 $13 715.41 299.36 $14,125.75 Days Th is Billing Period: 32 Nominal ANNUAL APR PERCENTAGE RATE 24.490% 24.490% 24.490% 24.490% EXHIBIT f q VERIFICATION /10 1`* (??1c?` e is Attorney Management Specialist for Citibank (South Dakota) N.A. the within Plaintiff in this action, and that the statements of fact made in the foregoing Complaint are true and correct to the best of the undersigned verifier's knowledge and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: Russell E Clouser 5491492011291584 1 (Ali 4y :1 f ?1 N r"a ter, 2A c.._ w W W 00 m? rn L r# `"17 ov) Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., Plaintiff, vs. RUSSELL E. CLOUSER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 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. 2. 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 does not understand the use of the term "consumer credit" and on that basis denies the allegation; it is hereby admitted that Plaintiff was to loan money to Defendant based upon use of a credit card. Answer to Complaint - Demand for Trial by Jury Page 1 of 3 5. As to paragraph 5, it is hereby denied because Defendant timely objected to the accuracy of the statements based upon Plaintiff's failure to reflect credits for money that Plaintiff accepted from Defendant. 6. As to paragraph 6, it is hereby denied because Defendant timely objected to the accuracy of the statements based upon Plaintiff's failure to reflect credits for money that Plaintiff accepted from Defendant. 7. As to paragraph 7, it is hereby denied because Defendant timely objected to the accuracy of the statements based upon Plaintiffs failure to reflect credits for money that Plaintiff accepted from Defendant. 8. As to paragraph 8, it is hereby denied because Defendant timely objected to the accuracy of the statements based upon Plaintiff's failure to reflect credits for money that Plaintiff accepted from Defendant. 9. As to paragraph 9, it is hereby denied because the account is paid in full. NEW MATTER 10. 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. 11. Second New Matter: There is no money, due and owing, as the account has been paid in full. 12. 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. Answer to Complaint - Demand for Trial by Jury Page 2 of 3 13. Fourth New Matter: Plaintiff breached the original contract by pursuing collection efforts notwithstanding the dispute unresolved with Defendant. DEMAND FOR JURY TRIAL 14. That the Defendant hereby demands a trial by a jury in this instant case. PRAYER 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 true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated: January 26, 2005. Respectfully submitted and signed by, Russell E. Clouser. Answer to Complaint - Demand for Trial by Jury Page 3 of 3 ? 1 ?? r s ' ?+ .-i ='' n G,,, "3: -n ??? " i 1 e'" ii", i:.,` 5 ;iC _rf Cam"' r+ u?= °' `'; .. .... -,? ? _? Cy - y .. a ? ,`? ? Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propriapersona. CITIBANK (SOUTH DAKOTA) N.A. IN THE COURT OF COMMON PLEAS Plaintiff, VS. RUSSELL E. CLOUSER, Defendant. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 CIVIL - LAW CERTIFICATE OF SER`aCE I certify that a copy of the foregoing Answer to Complaint; Demand for Jury Trail was sent on the 26th day of January, 2005, by mailing a copy of the same via Certified mail number 7003-2260-0002-2445-1008 to the following person: Burton Neil 1060 Andrew Drive, Suite 170 West Chester, PA 19380 By:O /'?• Map,! o Lisa M. Clouser I 1 Countryside Court Camp Hill, PA 17011-1518 Certificate of Service Page 1 of 1 1- J {_) ?. ?? ?? ' C? STS ..Ct l..:' :i% yr ?.. ? A f e 1I r=,?; -? 'gin ,`r.`+v? L,? ??G. ?.. Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A. Plaintiff, vs. RUSSELL E. CLOUSER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 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 26h day of January, 2005, by mailing a copy of the same via Certified mail number 7003-2260-0002-2445-1008 to the following person: Burton Neil 1060 Andrew Drive, Suite 170 West Chester, PA 19380 By : X j'L )?y d" 'I Lisa M. Clouser I 1 Countryside Court Camp Hill, PA 17011-1518 Certificate of Service Page 1 of 1 r' )I cy ''! C/ 151' C y't 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 CITIBANK (SOUTH DAKOTA) N.A. Plaintiff V. RUSSELL E. CLOUSER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-25 CIVIL 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 and not a breach of contract. BURTON NEIIY& ASSOCIATES, P.C. i' BY: Burton Neil, l sq Attorney for Plai. 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 CITIBANK (SOUTH DAKOTA) N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-25 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 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. BURTON Date: The law firm of Burton Neil & Associates is a debt collector. & ASSOCIATES, P.C. eil, Esquire for Plaintiff C-4088 t'l r`7 .., v i `v` ._( _.. '., it C: SHERIFF'S RETURN - REGULAR CASE NO: 2005-00025 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS CLOUSER RUSSELL E HAROLD WEARY , 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 1833:00 HOURS, on the 6th day of January 2005 at 11 COUNTRY SIDE COURT CAMP HILL, PA 17011 by handing to SA CLOUSER, WIFE 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 .00 38.36 Sworn and Subscribed to before me this ,[ y` day of -05? A. D. Prothonotary So Answers: R. Thomas Kline 01/07/2005 BURTON NEIL By: / i Deputy Sheriff Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., Plaintiff, vs. RUSSELL E. CLOUSER, IN THE COURT CUMBERLAND COUNTY, Case No.: 05-25 CIVIL - LAW Defendant. CERTIFICATE OF SERVICE PLEAS 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 29th day of Mar mailing a copy of the same via Certified mail number 7004-0550-0000-2718- following person: Burton Neil 1060 Andrew Drive, Suite 170 West Chester, PA 19380 By : / k-- ?11. Lisa M. Clouser I I Countryside Court Camp Hill, PA 17011-1518 VANIA 2005, by 7 to the Certificate of Service Page 1 of 1 ?? t" `-' -n `?;? _? r+ ;r ?- . . °?t f..,.. S?? ?.7?, l y .'( 1 "-`; (cl _- ?? ?1??. .? ?;\ CG ?. Ci ? Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., : IN THE COURT OF COMMON PLEAS Plaintiff, VS. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 RUSSELL E. CLOUSER, : CIVIL -LAW Defendant. RESPONSE TO INTERROGATORIES COMES NOW, Russell E. Clouser, Defendant , and hereby responds to Citibank (South Dakota) N.A., Plaintiff s Interrogatories, as follows: Interrogatory 1. In paragraphs 5 through 8 of defendant's answer to the complaint, defendant averred that he "timely objected to the accuracy of statements based upon Plaintiffs failure to reflect credits for money that Plaintiff accepted from Defendant." With respect to the monthly statement attached hereto as Exhibit 1 with the statement closing date of July 14, 2003: a. Indicate the date and amount of each payment of each payment you made that was not reflected on this statement by Plaintiff. Response: After a reasonable investigation, Defendant's do not remember all the date(s) or the amount(s)of the payments made by the Defendant or made by others on my behalf to the Defendant's account. Plaintiff has not provided additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits on the Defendant's account no. b. On what date did defendant first discover that Plaintiff did not apply the credits reflected in your answer to Interrogatory I a. Response: After a reasonable investigation, I can not remember the specific date. c. In what manner did the Defendant timely object to the absence credits on this statement? Response: Plaintiff was sent the Defendant's billing error dispute letter. d. Did Defendant send written billing error notice to Plaintiff with respect to the disputed items list in the answer to 1 a ? Response: After a reasonable investigation, Defendant does not remember the specific disputed items, however the Plaintiff was sent the Defendant's billing error dispute letter.. Interrogatory 2. In paragraphs 5 through 8 of defendant's answer to the complaint, defendant averred that he "timely objected to the accuracy of statements based upon Plaintiff's failure to reflect credits for money that Plaintiff accepted from Defendant." With respect to the monthly statement attached hereto as Exhibit 2 with the statement closing date of August 13, 2003: a. Other than the credits the for $5,846.42 and $124.15 reflected in the monthly statement, what other credits for money does Defendant contend Plaintiff accepted from him that was not reflected by Plaintiff in this statement? Indicate the date and amount of each payment of each payment you made that was not reflected on this statement by Plaintiff. Response: After a reasonable investigation, Defendant does not remember all the date(s) or the amount(s)of the payments made by the Defendant or made by others on my behalf to the Defendant's account. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits on the Defendant's account no. b. On what date did defendant first discover that Plaintiff did not apply the credits reflected in your answer to Interrogatory 2a. Response: After reasonable investigation, I can not remember the specific date c. In what manner did the Defendant timely object to the absence credits on this statement? Response: Plaintiff was sent the Defendant's billing error dispute letter. d. Did Defendant send written billing error notice to Plaintiff with respect to the disputed items list in the answer to 2a? Response: After a reasonable investigation, Defendant does not remember the specific disputed items, however the Plaintiff was sent the Defendant's billing error dispute letter. Interrogatory 3. In paragraphs 5 through 8 of defendant's answer to the complaint, defendant averred that he "timely objected to the accuracy of statements based upon Plaintiffs failure to reflect credits for money that Plaintiff accepted from Defendant." With respect to the monthly statement attached hereto as Exhibit 3 with the statement closing date of September 12, 2003: a. Other than the credits for $3.47 reflected in the monthly statement, what other credits for money does Defendant contend Plaintiff accepted from him that was not reflected by Plaintiff in this statement? Indicate the date and amount of each payment of each payment you made that was not reflected on this statement by Plaintiff. Response: After a reasonable investigation, Defendant does not remember all the date(s) or the amount(s)of the payments made by the Defendant or made by others on my behalf to the Defendant's account. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits on the Defendant's account no. b. On what date did defendant first discover that Plaintiff did not apply the credits reflected in your answer to Interrogatory 3a. Response: After reasonable investigation, I can not remember the specific date. c. In what manner did the Defendant timely object to the absence credits on this statement? Response: Plaintiff was sent the Defendant's billing error dispute letter d. Did Defendant send written billing error notice to Plaintiff with respect to the disputed items list in the answer to 3a? Response: After a reasonable investigation, Defendant does not remember the specific disputed items, however the Plaintiff was sent the Defendant's billing error dispute letter. Interrogatory 4. In paragraphs 5 through 8 of defendant's answer to the complaint, defendant averred that he "timely objected to the accuracy of statements based upon Plaintiffs failure to reflect credits for money that Plaintiff accepted from Defendant" With respect to the monthly statement attached hereto as Exhibit 4 with the statement closing date of October 14, 2003: a. Other than the credits for $214.33 reflected in the monthly statement, what other credits for money does Defendant contend Plaintiff accepted from him that was not reflected by Plaintiff in this statement? Indicate the date and amount of each payment of each payment you made that was not reflected on this statement by Plaintiff. Response: After a reasonable investigation, Defendant does not remember all the date(s) or the amount(s)of the payments made by the Defendant or made by others on my behalf to the Defendant's account. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits on the Defendant's account no. b. On what date did defendant first discover that Plaintiff did not apply the credits reflected in your answer to Interrogatory 4a. Response: After reasonable investigation, I can not remember the specific date. c. In what manner did the Defendant timely object to the absence credits on this statement? Response: Plaintiff was sent the Defendant's billing error dispute letter d. Did Defendant send written billing error notice to Plaintiff with respect to the disputed items list in the answer to 4a? Response: After a reasonable investigation, Defendant does not remember the specific disputed items, however the Plaintiff was sent the Defendant's billing error dispute letter. Interrogatory 5. In paragraphs 5 through 8 of defendant's answer to the complaint, defendant averred that he "timely objected to the accuracy of statements based upon Plaintiffs failure to reflect credits for money that Plaintiff accepted from Defendant" With respect to the monthly statement attached hereto as Exhibit 5 with the statement closing date of November 12, 2003: a. Other than the credits for $858.87 reflected in the monthly statement, what other credits for money does Defendant contend Plaintiff accepted from him that was not reflected by Plaintiff in this statement? Indicate the date and amount of each payment of each payment you made that was not reflected on this statement by Plaintiff. Response: After a reasonable investigation, Defendant does not remember all the date(s) or the amount(s)of the payments made by the Defendant or made by others on my behalf to the Defendant's account. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits on the Defendant's account no. b. On what date did defendant first discover that Plaintiff did not apply the credits reflected in your answer to Interrogatory 5a. Response: After reasonable investigation, I can not remember the specific date. c. In what manner did the Defendant timely object to the absence credits on this statement? Response: Plaintiff was sent the Defendant's billing error dispute letter. d. Did Defendant send written billing error notice to Plaintiff with respect to the disputed items list in the answer to Sa? Response: After a reasonable investigation, Defendant does not remember the specific disputed items, however the Plaintiff was sent the Defendant's billing error dispute letter. Interrogatory 6 In paragraphs 5 through 8 of defendant's answer to the complaint, defendant averred that he "timely objected to the accuracy of statements based upon Plaintiffs failure to reflect credits for money that Plaintiff accepted from Defendant." With respect to the monthly statement attached hereto as Exhibit 6 with the statement closing date of December 12, 2003: a. Other than the credits for $442.43 reflected in the monthly statement, what other credits for money does Defendant contend Plaintiff accepted from him that was not reflected by Plaintiff in this statement? Indicate the date and amount of each payment of each payment you made that was not reflected on this statement by Plaintiff. Response: After a reasonable investigation, Defendant does not remember all the date(s) or the amount(s)of the payments made by the Defendant or made by others on my behalf to the Defendant's account. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits on the Defendant's account no. b. On what date did defendant first discover that Plaintiff did not apply the credits reflected in your answer to Interrogatory 6a. Response: After reasonable investigation, I can not remember the specific date. c. In what manner did the Defendant timely object to the absence credits on this statement? Response: Plaintiff was sent the Defendant's billing error dispute letter. d. Did Defendant send written billing error notice to Plaintiff with respect to the disputed items list in the answer to 6a? Response: After a reasonable investigation, Defendant does not remember the specific disputed items, however the Plaintiff was sent the Defendant's billing error dispute letter. Interrogatory 7. In paragraphs 5 through 8 of defendant's answer to the complaint, defendant averred that he "timely objected to the accuracy of statements based upon Plaintiff's failure to reflect credits for money that Plaintiff accepted from Defendant." With respect to the monthly statement attached hereto as Exhibit 7 with the statement closing date of January 13, 2004: a. Other than the credits for $248.00 reflected in the monthly statement, what other credits for money does Defendant contend Plaintiff accepted from him that was not reflected by Plaintiff in this statement? Indicate the date and amount of each payment of each payment you made that was not reflected on this statement by Plaintiff. Response: After a reasonable investigation, Defendant does not remember all the date(s) or the amount(s)of the payments made by the Defendant or made by others on my behalf to the Defendant's account. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits on the Defendant's account no. b. On what date did defendant fast discover that Plaintiff did not apply the credits reflected in your answer to Interrogatory 7a. Response: After reasonable investigation, I can not remember the specific date. c. In what manner did the Defendant timely object to the absence credits on this statement? Response: Plaintiff was sent the Defendant's billing error dispute letter. d. Did Defendant send written billing error notice to Plaintiff with respect to the disputed items list in the answer to 7a? Response: After a reasonable investigation, Defendant does not remember the specific disputed items, however the Plaintiff was sent the Defendant's billing error dispute letter. Interrogatory 8. In paragraphs 5 through 8 of defendant's answer to the complaint, defendant averred that he "timely objected to the accuracy of statements based upon Plaintiff's failure to reflect credits for money that Plaintiff accepted from Defendant" With respect to the monthly statement attached hereto as Exhibit 8 with the statement closing date of February 11, 2004: a. Other than the credits for $471.85 reflected in the monthly statement, what other credits for money does Defendant contend Plaintiff accepted from him that was not reflected by Plaintiff in this statement? Indicate the date and amount of each payment of each payment you made that was not reflected on this statement by Plaintiff. Response: After a reasonable investigation, Defendant does not remember all the date(s) or the amount(s)of the payments made by the Defendant or made by others on my behalf to the Defendant's account. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits on the Defendant's account no, b. On what date did defendant first discover that Plaintiff did not apply the credits reflected in your answer to Interrogatory 8a. Response: After reasonable investigation, I can not remember the specific date. c. In what manner did the Defendant timely object to the absence credits on this statement? Response: Plaintiff was sent the Defendant's billing error dispute letter. d. Did Defendant send written billing error notice to Plaintiff with respect to the disputed items list in the answer to 8a? Response: After a reasonable investigation, Defendant does not remember the specific disputed items, however the Plaintiff was sent the Defendant's billing error dispute letter. Interrogatory 9. In paragraphs 5 through 8 of defendant's answer to the complaint, defendant averred that he "timely objected to the accuracy of statements based upon Plaintiffs failure to reflect credits for money that Plaintiff accepted from Defendant." With respect to the monthly statement attached hereto as Exhibit 9 with the statement closing date of March 11, 2004: a. What credits for money does Defendant contend Plaintiff accepted from him that were not reflected by Plaintiff in this statement? Indicate the date and amount of each payment of each payment you made that was not reflected on this statement by Plaintiff. Response: After a reasonable investigation'. Defendant does not remember all the date(s) or the amount(s)of the payments made by the Defendant or made by others on my behalf to the Defendant's account. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits on the Defendant's account no. b. On what date did defendant first discover that Plaintiff did not apply the credits reflected in your answer to Interrogatory 9a. Response: After reasonable investigation. I can not remember the specific date. c. In what manner did the Defendant timely object to the absence credits on this statement? Response: Plaintiff was sent the Defendant's billing error dispute letter. d. Did Defendant send written billing error notice to Plaintiff with respect to the disputed items list in the answer to 9a? Response: After a reasonable investigation, Defendant does not remember the specific disputed items, however the Plaintiff was sent the Defendant's billing error dispute letter. Interrogatory 10. In paragraphs 5 through 8 of defendant's answer to the complaint, defendant averred that he "timely objected to the accuracy of statements based upon Plaintiff's failure to reflect credits for money that Plaintiff accepted from Defendant." With respect to the monthly statement attached hereto as Exhibit 10 with the statement closing date of April 12, 2004: a. What credits for money does Defendant contend Plaintiff accepted from him that were not reflected by Plaintiff in this statement? Indicate the date and amount of each payment of each payment you made that was not reflected on this statement by Plaintiff. Response: After a reasonable investigation, Defendant does not remember all the date(s) or the amount(s)of the payments made by the Defendant or made by others on my behalf to the Defendant's account. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits on the Defendant's account no. b. On what date did defendant first discover that Plaintiff did not apply the credits reflected in your answer to Interrogatory I Oa. Response: After reasonable investigation, I can not remember the specific date. c. In what manner did the Defendant timely object to the absence credits on this statement? Response: Plaintiff was sent the Defendant's billing error dispute letter. d. Did Defendant send written billing error notice to Plaintiff with respect to the disputed items list in the answer to I Oa? Response: After a reasonable investigation, Defendant does not remember the specific disputed items, however the Plaintiff was sent the Defendant's billing error dispute letter. Interrogatory 11. In paragraphs 5 through 8 of defendant's answer to the complaint, defendant averred that he "timely objected to the accuracy of statements based upon Plaintiff's failure to reflect credits for money that Plaintiff accepted from Defendant." With respect to the monthly statement attached hereto as Exhibit I I with the statement closing date of May 12, 2004: a. What credits for money does Defendant contend Plaintiff accepted from him that were not reflected by Plaintiff in this statement? Indicate the date and amount of each payment of each payment you made that was not reflected on this statement by Plaintiff. Response: After a reasonable investigation, Defendant does not remember all the date(s) or the amount(s)of the payments made by the Defendant or made by others on my behalf to the Defendant's account. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits on the Defendant's account no. b. On what date did defendant first discover that Plaintiff did not apply the credits reflected in your answer to Interrogatory I I a. Response: After reasonable investigation, I can not remember the specific date. c. In what manner did the Defendant timely object to the absence credits on this statement? Response: Plaintiff was sent the Defendant's billing error dispute letter. d. Did Defendant send written billing error notice to Plaintiff with respect to the disputed items list in the answer to l la? Response: After a reasonable investigation, Defendant does not remember the specific disputed items, however the Plaintiff was sent the Defendant's billing error dispute letter. Interrogatory 12. In paragraphs 5 through 8 of defendant's answer to the complaint, defendant averred that he "timely objected to the accuracy of statements based upon Plaintiff's failure to reflect credits for money that Plaintiff accepted from Defendant." With respect to the monthly statement attached hereto as Exhibit 12 with the statement closing date of June 10, 2004: a. What credits for money does Defendant contend Plaintiff accepted from him that were not reflected by Plaintiff in this statement? Indicate the date and amount of each payment of each payment you made that was not reflected on this statement by Plaintiff. Response: After a reasonable investigation, Defendant does not remember all the date(s) or the amount(s)of the payments made by the Defendant or made by others on my behalf to the Defendant's account. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits on the Defendant's account no. b. On what date did defendant first discover that Plaintiff did not apply the credits reflected in your answer to Interrogatory 12a. Response: After reasonable investigation, I can not remember the specific date. c. In what manner did the Defendant timely object to the absence credits on this statement? Response: Plaintiff was sent the Defendant's billing error dispute letter. d. Did Defendant send written billing error notice to Plaintiff with respect to the disputed items list in the answer to 12a? Response: After a reasonable investigation, Defendant does not remember the specific disputed items, however the Plaintiff was sent the Defendant's billing error dispute letter. Interrogatory 13. In paragraphs 5 through 8 of defendant's answer to the complaint, defendant averred that he "timely objected to the accuracy of statements based upon Plaintiff's failure to reflect credits for money that Plaintiff accepted from Defendant." With respect to the monthly statement attached hereto as Exhibit 13 with the statement closing date of July 13, 2004: a. What credits for money does Defendant contend Plaintiff accepted from him that were not reflected by Plaintiff in this statement? Indicate the date and amount of each payment of each payment you made that was not reflected on this statement by Plaintiff. Response: After a reasonable investigation, Defendant does not remember all the date(s) or the amount(s)of the payments made by the Defendant or made by others on my behalf to the Defendant's account. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits on the Defendant's account no. b. On what date did defendant first discover that Plaintiff did not apply the credits reflected in your answer to Interrogatory 13a. Response: After reasonable investigation, I can not remember the specific date. c. In what manner did the Defendant timely object to the absence credits on this statement? Response: Plaintiff was sent the Defendant's billing error dispute letter. d. Did Defendant send written billing error notice to Plaintiff with respect to the disputed items list in the answer to 13a? Response: After a reasonable investigation, Defendant does not remember the specific disputed items, however the Plaintiff was sent the Defendant's billing error dispute letter. Interrogatory 14. In paragraphs 5 through 8 of defendant's answer to the complaint, defendant averred that he "timely objected to the accuracy of statements based upon Plaintiff's failure to reflect credits for money that Plaintiff accepted from Defendant." With respect to the monthly statement attached hereto as Exhibit 14 with the statement closing date of August 12, 2004: a. What credits for money does Defendant contend Plaintiff accepted from him that were not reflected by Plaintiff in this statement? Indicate the date and amount of each payment of each payment you made that was not reflected on this statement by Plaintiff. Response: After a reasonable investigation, Defendant does not remember all the date(s) or the amount(s)of the payments made by the Defendant or made by others on my behalf to the Defendant's account. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits on the Defendant's account no. b. On what date did defendant first discover that Plaintiff did not apply the credits reflected in your answer to Interrogatory 14a. Response: After reasonable investigation, I can not remember the specific date. c. In what manner did the Defendant timely object to the absence credits on this statement? Response: Plaintiff was sent the Defendant's billing error dispute letter. d. Did Defendant send written billing error notice to Plaintiff with respect to the disputed items list in the answer to 14a? Response: After a reasonable investigation, Defendant does not remember the specific disputed items, however the Plaintiff was sent the Defendant's billing error dispute letter. Interrogatory 15. With regard to the October 14, 2003 statement, interrogatory no. 4, there are three purchases reflected on the statement to West Shore Office for $5,000, $5,000, and $2,000. Were these purchases made by the Defendant or Lisa M. Clouser? Response: After a reasonable investigation, Defendant can not remember who made these purchases on his account. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all debits and credits on the Defendant's account no. Interrogatory 16. If these are charges of which Defendant has no knowledge were not authorized by him with reference to paragraph 10 of the Defendant's new matter: a. Does Defendant know who made these purchases? If so, set forth the name and address of the person who made the unauthorized purchases. Response: After a reasonable investigation, Defendant can not remember who made these purchases on his account. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all debits and credits on the Defendant's account no. b. After discovering that the purchases charged to the account were not made by Defendant, did Defendant report this to the police? Response: Alter a reasonable investigation, Defendant can not remember who made these purchases on his account. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all debits and credits on the Defendant's account no. c. When the Defendant received the October 14, 2003 monthly statement, did he send a billing error notice to Plaintiff regarding the purchases if they were not authorized? Response: After a reasonable investigation, Defendant can not remember the purchases on the October 14, 2003 monthly statement. Plaintiff has not provided the additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all debits and credits on the Defendant's account no. The Plaintiff has received a copy of Defendant's billing error dispute letter. Interrogatory 17. State all reasons why Defendant stopped using the credit card after the purchase made on November 17, 2003? Response: Defendant realized after reviewing his monthly billing statement, there were payments that were not credited to his account by the Plaintiff. Defendant stopped using the credit card until an investigation was made by the Plaintiff into why these credits were not showing on his monthly billing statement. Interrogatory 18. State all reasons why Defendant ceased making payments after January 26, 2004? Response: Defendant sent a billing dispute letter to the Plaintiff and the Defendant exercised his right to withhold payment on the disputed amount until plaintiff complied to his billing error dispute letter. This right to withhold payment on the disputed amount is stated on the back of the Citibank monthly billing statement. Interrogatory 19. Will Defendant call at trial any persons as an expert witness? if so, with respect to each witness Defendant indicated it will call as an expert at trial, state: Response: Defendant's witnesses for trial have not yet been determined or identified at this time. a. His profession or occupation and the field in which he is allegedly an expert. Response: Defendant's witnesses for trial have not yet been determined or identified at this time. b. Whether he had formal education in his alleged field of expertise, and if so, the name and address of each school where he received special education or training in this field Response: Defendant's witnesses for trial have not yet been determined or identified at this time. d. The dates when he attended each such school Response: Defendant's witnesses for trial have not yet been determined or identified at this time. e. The name or description of each degree he received, date received and the name of the school awarding it Response: Defendant's witnesses for trial have not yet been determined or identified at this time. f. Whether he had other specialized training in this field and, if so, state the training received, the name and address of the school or place of training, the dates when he received such training Response: Defendant's witnesses for trial have not yet been determined or identified at this time. g. Whether the person to be called as an expert is a member of any professional or trade association in his field and, if so, state the name of each professional or trade association, the date he became a member, the description of each office held in each association Response: Defendant's witnesses for trial have not yet been determined or identified at this time. h. Whether the person wrote any books, papers, or articles on subjects in this field Response: Defendant's witnesses for trial have not yet been determined or identified at this time. Interrogatory 20. State whether each the expert to be called at trial submitted a report of his findings. Response: Defendant's witnesses for trial have not yet been determined or identified at this time. Interrogatory 21. If so, state the date the report was submitted, the name or other identification of the person or entity to whom this report was submitted, and the name and address of the person who has present custody of this report. Response: Defendant's witnesses for trial have not yet been determined or identified at this time. Interrogatory 23. State the substance of the facts and opinions to which the expert is expected is expected to testify. Response: Defendant's witnesses for trial have not yet been determined or identified at this time. Interrogatory 24. Summarize the grounds for each opinion. Response: Defendant's witnesses for trial have not yet been determined or identified at this time. Interrogatory 25. Set forth all facts in support of Defendant's new matter paragraph 12 which Defendant will raise in defense to Plaintiff's claim. Response: Defendant sent a billing dispute letter dated February 26, 2004 stating: When the Defendant entered into this credit card agreement, it was the Defendant's understanding that the Plaintiff would except Defendant's signed note(s) or similar instrument(s) as money, credit or payment for previous account transactions and then reflect those credits in Defendant's statement. The Defendant did not see the amount of payments of money or credit accepted by the Plaintiff which would be the approximate amount the Defendant listed as the amount in dispute. Defendant decided to make a billing inquiry since the Defendant was uncertain of all the dates of the prepaid credits and also there maybe additional credits that Defendant is entitled to. Defendant requested in the billing error dispute letter that the Plaintiff provide Defendant acknowledgement of this billing error and complete a full investigation by sending Defendant a written explanation report related to the subject matter of this billing error. Defendant requested in the billing error dispute letter that the Plaintiff provide additional documentary evidence of indebtedness of the account showing that the Plaintiff did not accept any note or similar instrument from the Defendant without properly crediting Defendant's account as agreed, which includes copies of the Defendant's account entries that made the Plaintiff arrive at the recent balance shown on Defendant's statement. Since these requests in Defendant's billing error dispute letter were never answered accordingly to the Defendant's request, the Plaintiff therefore was in violation of the FCBA (Federal Credit Billing Act) US Code Title 15, Chapter 41, Subchapter I, Part D-1666, Correction of billing errors. Also, the Defendant exercised his right to withhold the disputed amount until the Plaintiff complied with the billing error dispute letter. The FCBA prohibits from further collection action until the Plaintiff complies with the request made in the billing error dispute letter. Interrogatory 26. Explain in detail all disputes referenced in paragraph 13 of Defendant's new matter. Response: Defendant sent a billing dispute letter dated February 26, 2004 stating: When the Defendant entered into this credit card agreement, it was the Defendant's understanding that the Plaintiff would except Defendant's signed note(s) or similar instrument(s) as money, credit or payment for previous account transactions and then reflect those credits in Defendant's statement. The Defendant did not see the amount of payments of money or credit accepted by the Plaintiff which would be the approximate amount the Defendant listed as the amount in dispute. Defendant decided to make a billing inquiry since the Defendant was uncertain of all the dates of the prepaid credits and also there maybe additional credits that Defendant is entitled to. Defendant requested in the billing error dispute letter that the Plaintiff provide Defendant acknowledgement of this billing error and complete a full investigation by sending Defendant a written explanation report related to the subject matter of this billing error. Defendant requested in the billing error dispute letter that the Plaintiff provide additional documentary evidence of indebtedness of the account showing that the Plaintiff did not accept any note or similar instrument from the Defendant without properly crediting Defendant's account as agreed, which includes copies of the Defendant's account entries that made the Plaintiff arrive at the recent balance shown on Defendant's statement. Since these requests in Defendant's billing error dispute letter were never answered accordingly by the Defendant's request, the Plaintiff therefore was in violation of the FCBA (Federal Credit Billing Act) US Code Title 15, Chapter 41, Subchapter I, Part D-1666, Correction of billing errors. Also, the Defendant exercised his right to withhold the disputed amount until the Plaintiff complied with the billing error dispute letter. The FCBA prohibits from further collection action until the Plaintiff complies with the request made in the billing error dispute letter. Interrogatory 27. Did Defendant purchase any of these documents filed with the court or the discovery served on Plaintiff? If so, identify the name of the company from whom Defendant purchased these documents setting forth the name, address and telephone number and the world wide web address, if any. Response: Defendant made no purchase of any documents and the Defendant is preparing and answering these interrogatories. a. If Defendant did purchase the documents referenced in the response to 27a, was the person or company from whom the purchase was made the author of the documents? Response: Defendant made no purchase of any documents and the Defendant is preparing and answering these interrogatories. b. If your response a 27a was "yes," is the person identified an attorney? Response: Defendant made no purchase of any documents and the Defendant is preparing and answering these interrogatories. c. If the person so identified is an attorney, is the person licensed to practice in the Commonwealth of Pennsylvania? Response: Defendant made no purchase of any documents and the Defendant is preparing and answering these interrogatories. Interrogatory 28. Set forth the name, address and the telephone number of all persons providing information for these answers and requests for production or otherwise assisting in the preparation of the responses. Response: Defendant is preparing and answering these interrogatories and responses. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 25th day of April 2005. Respectfully submitted and signed by Russell E. Clouser, ??..? ?,? _ C ? `! ?: ? ? , ?? G.': ?., ? Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., : IN THE COURT OF COMMON PLEAS Plaintiff, vs. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 RUSSELL E. CLOUSER, : CIVIL -LAW Defendant. RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS Propounding Party: Citibank (South Dakota) N.A. Responding Party: Russell E. Clouser COMES NOW, Russell E. Clouser, Defendant, and hereby responds to Citibank (South Dakota) N.A., Plaintiff's Request for Production of Documents, as follows: Request No. Ia. Produce proof of each credit set forth in the answer to Interrogatory no. 1. Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendant. The Plaintiff has the underlying evidence for the Defendant's account, not monthly billing statements, such as documents, bookkeeping entries, journals or records showing the credits made to the Defendant's account. Page 1 of 1 I Request No. lb. Produce all documents, writings, letters, notices pertaining to the timely objection Defendant sent to Plaintiff. Response: Please see attached a true a correct copy of the billing error dispute letter sent to Plaintiff. Request No. 2a. Interrogatory no. 2. Produce proof of each credit set forth in the answer to Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendant. The Plaintiff has the underlying evidence for the Defendant's account, not monthly billing statements, such as documents, bookkeeping entries, journals or records showing the credits made to the Defendant's account. Request No. 2b. Produce all documents, writings, letters, notices pertaining to the timely objection Defendant sent to Plaintiff. Response: Please see attached a true a correct copy of the billing error dispute letter sent to Plaintiff. Request No. 3a. Produce proof of each credit set forth in the answer to Interrogatory no. 3. Page 2 of 11 Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendant. The Plaintiff has the underlying evidence for the Defendant's account, not monthly billing statements, such as documents, bookkeeping entries, journals or records showing the credits made to the Defendant's account. Request No. 3b. Produce all documents, writings, letters, notices pertaining to the timely objection Defendant sent to Plaintiff. Response: Please see attached a true a correct copy of the billing error dispute letter sent to Plaintiff. Request No. 4a: Produce proof of each credit set forth in the answer to Interrogatory no. 4. Response : After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendant. The Plaintiff has the underlying evidence for the Defendant's account, not monthly billing statements, such as documents, bookkeeping entries, journals or records showing the credits made to the Defendant's account. Page 3 of 11 Request No. 4b. Produce all documents, writings, letters, notices pertaining to the timely objection Defendant sent to Plaintiff. Response: Please see attached a true a correct copy of the billing error dispute letter sent to Plaintiff. Request No. 5a: Interrogatory no. 5. Produce proof of each credit set forth in the answer to Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendant. The Plaintiff has the underlying evidence for the Defendant's account, not monthly billing statements, such as documents, bookkeeping entries, journals or records showing the credits made to the Defendant's account. Request No. 5b: Produce all documents, writings, letters, notices pertaining to the timely objection Defendant sent to Plaintiff. Response: Please see attached a true a correct copy of the billing error dispute letter sent to Plaintiff. Request No. 6a: Produce proof of each credit set forth in the answer to Interrogatory no. 6. Page 4 of I I Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendant. The Plaintiff has the underlying evidence for the Defendant's account, not monthly billing statements, such as documents, bookkeeping entries, journals or records showing the credits made to the Defendant's account. Request No. 6b: Produce all documents, writings, letters, notices pertaining to the timely objection Defendant sent to Plaintiff. Response: Please see attached a true a correct copy of the billing error dispute letter sent to Plaintiff. Request No. 7a Interrogatory no. 7. Produce proof of each credit set forth in the answer to Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendant. The Plaintiff has the underlying evidence for the Defendant's account, not monthly billing statements, such as documents, bookkeeping entries, journals or records showing the credits made to the Defendant's account. Request No.7b. Produce all documents, writings, letters, notices pertaining to the timely objection Defendant sent to Plaintiff. Page 5 of I I Response: Please see attached a true a correct copy of the billing error dispute letter sent to Plaintiff. Request No. 8a Interrogatory no. 8. Produce proof of each credit set forth in the answer to Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendant. The Plaintiff has the underlying evidence for the Defendant's account, not monthly billing statements, such as documents, bookkeeping entries, journals or records showing the credits made to the Defendant's account. Request No. 8b: Produce all documents, writings, letters, notices pertaining to the timely objection Defendant sent to Plaintiff. Response: Please see attached a true a correct copy of the billing error dispute letter sent to Plaintiff. Request No. 9a Interrogatory no. 9. Produce proof of each credit set forth in the answer to Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendant. The Plaintiff has the Page 6 of I I underlying evidence for the Defendant's account, not monthly billing statements, such as documents, bookkeeping entries, journals or records showing the credits made to the Defendant's account. Request No. 9b: Produce all documents, writings, letters, notices pertaining to the timely objection Defendant sent to Plaintiff. Response: Please see attached a true a correct copy of the billing error dispute letter sent to Plaintiff. Request No.10a. Interrogatory no. 10. Produce proof of each credit set forth in the answer to Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendant. The Plaintiff has the underlying evidence for the Defendant's account, not monthly billing statements, such as documents, bookkeeping entries, journals or records showing the credits made to the Defendant's account. Request No. ION Produce all documents, writings, letters, notices pertaining to the timely objection Defendant sent to Plaintiff. Page 7 of 11 Response: Please see attached a true a correct copy of the billing error dispute letter sent to Plaintiff. Request No. 11 a: Interrogatory no. 11. Produce proof of each credit set forth in the answer to Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendant. The Plaintiff has the underlying evidence for the Defendant's account, not monthly billing statements, such as documents, bookkeeping entries, journals or records showing the credits made to the Defendant's account. Request No. 11 b: Produce all documents, writings, letters, notices pertaining to the timely objection Defendant sent to Plaintiff. Response: Please see attached a true a correct copy of the billing error dispute letter sent to Plaintiff Request No. 12a: Interrogatory no. 12. Produce proof of each credit set forth in the answer to Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendant. The Plaintiff has the Page 8 of I I underlying evidence for the Defendant's account, not monthly billing statements, such as documents, bookkeeping entries, journals or records showing the credits made to the Defendant's account. Request No. 12b: Produce all documents, writings, letters, notices pertaining to the timely objection Defendant sent to Plaintiff. Response: Please see attached a true a correct copy of the billing error dispute letter sent to Plaintiff. Request No. 13a: Interrogatory no. 13. Produce proof of each credit set forth in the answer to Response : After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendant. The Plaintiff has the underlying evidence for the Defendant's account, not monthly billing statements, such as documents, bookkeeping entries, journals or records showing the credits made to the Defendant's account. Request No. 13b: Produce all documents, writings, letters, notices pertaining to the timely objection Defendant sent to Plaintiff. Page 9 of 11 Response: Please see attached a true a correct copy of the billing error dispute letter sent to Plaintiff. Request No. 14a: Produce proof of each credit set forth in the answer to Interrogatory no. 14. Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendant. The Plaintiff has the underlying evidence for the Defendant's account, not monthly billing statements, such as documents, bookkeeping entries, journals or records showing the credits made to the Defendant's account. Request No. 14b: Produce all documents, writings, letters, notices pertaining to the timely objection Defendant sent to Plaintiff. Response: Please see attached a true a correct copy of the billing error dispute letter sent to Plaintiff. Dated this 25?' day of April 2005. Page 10 of 11 Respectfully submitted and signed by Russell E. Clouser, Page 11 of 11 Mellon Bank P.O. Box 44167 Jacksonville, FL 3223 1-4 1 67 e ruary RE: Billing Error on Account # 5491-4920-1129-1584 Amount in Dispute: $ 11936.96 Dear Mellon Mastercard: I am writing regarding the above account. I believe that my most recent statement, 02/11/04 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 02/11/04. 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 02/11/04. 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 Mellon Mastercard over the phone. I am requesting that all communications be conducted in writing, and 1 appreciate your honoring my request. Sincer , Russell Clouser II Countryside Court Camp Hill, PA 17011 Certified Mail#: 7003-3110-0006-2758-8212 C _` r> i ) .l -{ i - '^3 ! `'__ r? - .: :i ` CWJ ` Russell E. Clouser 1 I Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., : IN THE COURT OF COMMON PLEAS Plaintiff, VS. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 RUSSELL E. CLOUSER, : CIVIL -LAW Defendant. RESPONSE TO REQUEST FOR ADMISSIONS Propounding Party: Citibank (South Dakota) N.A. Responding Party: Russell E. Clouser COMES NOW, Russell E. Clouser, Defendant, and hereby responds to Citibank (South Dakota) N.A., Plaintiff's Request for Admissions, as follows: Request No. 1. With reference to the monthly billing statements for Defendant's credit card account with Plaintiff copies of which are attached hereto as requests for admissions exhibits 1 through 14: a. Defendant admits that the detail set forth in each monthly billing statement accurately reflected for the monthly billing period Defendant's use of the account and accurately reflected all charges and credits to the account. Page 1 of 4 Response: Denied. Plaintiff has not provided additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all debits and credits to Defendant's account. b. Within 60 days after Defendant's receipt of each monthly billing statements Defendant admits that no writing or other communication disputing, protesting or objecting to any of the charges or credits appearing in the monthly billing statements was sent by Defendant to Plaintiff. Response: Denied. Plaintiff has received a copy of Defendant's billing error dispute letter .The letter was sent certified mail and was received within the 60 days. c. Defendant admits that with respect to each monthly billing statements, a written billing error notice was not sent to Plaintiff. Response: Denied. Plaintiff has received a copy of Defendant's billing error dispute letter The letter was sent certified mail and was received within the 60 days. Page 2 of4 Request No. 2: Defendant admits that after receipt of the monthly statements marked exhibits 1-7, Defendant made a payment which was reflected as a credit in the following month's statement. Response: Denied. Plaintiff has not provided additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits to Defendant's account. Request No. 3. Defendant admits that after receipt of the monthly billing statements marked exhibits 8-14, Defendant did not send a payment to Plaintiff. Response: Denied. Plaintiff has not provided additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits to Defendant's account. Request No. S. Defendant admits that the last payment made on the account was posted by the Plaintiff on January 26, 2004 and is reflected in the exhibit 8 monthly billing statement. Page 3 of 4 Response: Denied. Plaintiff has not provided additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits to Defendant's account. Request No. 6. Defendant admits that the balance owed on the account is $13,797.39. Response: Denied. Plaintiff has not provided additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all debits and credits that the Plaintiff claims Defendant owes. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 25s' day of April 2005. Respectfully submitted and signed by Russell E. Clouser, Page 4 of 4 Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., Plaintiff, vs. RUSSELL E. CLOUSER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 CIVIL - LAW Defendant. CERTIFICATE OF SERVICE I certify that a copy of the foregoing Plaintiff's Request for Interrogatories, Request for Production of Documents was sent on the 25`s day of April, 2005, by mailing a copy of the same via Certified mail number 7004-0550-0000-2718-5280 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 C ` r-> c--:, `_. ? _? rl _a iV `?-, (L. __ 4 ` Russell E. Clouser c/o 1 I Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA)N.A., IN THE COURT OF COMMON PLEAS Plaintiff, VS. RUSSELL E. CLOUSER, Defendant. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 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 Citibank (South Dakota) N.A. to provide further responses to the Interrogatories and Request for Production of Documents propounded by Russell E. Clouser to Citibank (South Dakota) i'q.A. ON January 26, 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 further 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 C, C cn ? ?n CJ t :: N Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., IN THE COURT OF COMMON PLEAS Plaintiff, VS. RUSSELL E. CLOUSER, Defendant. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 CIVIL - LARD 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 26, 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 Plaintiffs 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 Pagel 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 April 30, 2005, I received copiers of Plaintiffs responses to my Discovery request- Set 2. 4. That upon my review of Plaintiffs 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: Russ 11 E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. ATTESTATION Subscribed and Sworn before me this °1 day of 2005 The State of Pennsylvania, County of Cumberland Signature an Se l of otary NOTARIALSM U PW* E&WMILK RVL tb. Oct81. 2005 Affidavit in Support of Motion to Compel Rage 2 of 2 Russell Clouser II Countryside Court Camp Hill, PA 17011 (717) 737-3334 Certified mail # 7003-3110-0006-2758-8106 Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 February 24, 2005 RE: Citibank (South Dakota) N.A. v. Russell E. Clouser, Case 05-25 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,records,journals 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, Ru. ell E. Clouser Page 1 of 1 r Complete items 1, 2, and & Also rnm p61s A Signa " Item " "- iWcted Delivery is desired. ? " Q `?( ',ame and address on therawerse „- . Addrosaee ,an return the card to you. 15 oeiZi by rp red Memo C. Date of Delivery ... ard to the back of the meilpisce, or on the front it space permits. 1.. Article Addraesed ta: . O . is deRwBty edNeae dMereMhnm i?m:S@ Yes :.. Ff YIiS, eater d*my sddrswtralow: 13 No i3urkon Net% 19 AsSCclzier PC ' jo(vo An derv gore t- 70 S V L k e 3. Samm Type n V C'?fhff?t e f f A Ift{ F r g0WOW ma C3 Fwms Mil d t P , C3 RogMarea CS Return ReoeIpmrwimban lse 9,380 nkwuredMkt C1Co.o. 1 a Resnloied DoWery OEma r-ce1 p we 2. Article Number (tiermlazhotnselvlce 7003 3110 0006 2758 8106 r. , MF. 811,AUg '2001 Domestic iietrhn ReceipF. .. tozsssoz-na ?sao. ? N p c? t ` N G O S- a?S ?c u ? ? ?]-?, 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 5491492011291584. Please note that this is not a request for monthly statements already mailed Defendant but the underlying accountine of Defendant's account sued on. Plaintiff's Response to Request for production of Documents No. 1. After reasonable investigation it has been determined that there are no written documents, records, journals and bookkeeping entries. Plaintiffs 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 t 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. 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. 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 underlying accounting evidence that Plaintiff claims Defendant owes. Plaintiffs 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 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. 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. Plaintiff hereby makes available to defendant copies of the monthly billing statements for the account which are attached hereto and are collectively marked exhibit 1. 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. Plaintiffs refusal, neglect or failure to answer the same will severely Separate Statement in Support of Defendant's Motion to Compel Page 3 of 5 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. Plaintiffs Response to Request for production of Documents No. 3. Plaintiff incorporates its response to Request No. 1. Additionally, attached as exhibit 2 is the copy of the terms and conditions pertaining to the credit card account. 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. 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. Separate Statement in Support of Defendant's Motion to Compel Page 4 of 5 Dated: July 11, 2005. Respectfully submitted and signed without prejudice. Ruse E. Clouser c/o 11 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 c. ,s+ s ' L -. '.. ? ` lv 1 --? --.? r.) ' ? Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., Plaintiff, VS. RUSSELL E. CLOUSER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 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 1 Countryside Court, Camp Hill, PA 17011. On the 11`" 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 7003-0550-0000-2718-5358 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: /h1 v W, dot--o! Lisa M. Clouser 11 Countryside Court Camp Hill, P'A 17011-1518 Certificate of Service by Mail Page 1 of 1 ? ?' c? c? u° -?, -°,? v ? L ? n ? r .. .- ?, <?t?, `y f",:? ? ? ('ii /' :R1. ?G? ?,p ti _ 7. n. ' ?l t ?"? Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., : IN THE COURT OF COMMON PLEAS Plaintiff, VS. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 RUSSELL E. CLOUSER, : CIVIL - LAW Defendant. DEFENDANT'S AMENDED RESPONSES TO REQUEST FOR ADMISSIONS Propounding Party: Citibank (South Dakota) N.A. Responding Party: Russell E. Clouser COMES NOW, Russell E. Clouser, Defendant, and hereby responds to Citibank (South Dakota) N.A., Plaintiff's Request for Admissions, as follows: Request No. 1. With reference to the monthly billing statements for Defendant's credit card account with Plaintiff copies of which are attached hereto as requests for admissions exhibits 1 through 14: a. Defendant admits that the detail set forth in each monthly billing statement accurately reflected for the monthly billing period Defendant's use of the account and accurately reflected all charges and credits to the account. Page 1 of 5 Response : Denied. Defendant cannot say for absolute certain that these statements submitted by the Plaintiff are accurate and correct. Further, that the statements here do not show all charges made by Defendant can not be certain that those specific charges are in fact Defendant's and these statements do not show all payments made on the account either. 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. b. Within 60 days after Defendant's receipt of each monthly billing statements Defendant admits that no writing or other communication disputing, protesting or objecting to any of the charges or credits appearing in the monthly billing statements was sent by Defendant to Plaintiff. Response: Defendant has made a reasonable inquiry and that the information known or readily obtainable by the Defendant is insufficient to enable him to admit or deny, and so the request is denied on that basis. c. Defendant admits that with respect to each monthly billing statements, a written billing error notice was not sent to Plaintiff. Page 2 of 5 Response: Defendant has made a reasonable inquiry and that the information known or readily obtainable by the Defendant is insufficiient to enable him to admit or deny, and so the request is denied on that basis. Request No. 2: Defendant admits that after receipt of the monthly statements marked exhibits 1-7, Defendant made a payment which was reflected as a credit in the following month's statement. Response: Defendant rescinds Defendant's prior response and states to the best of Defendant's knowledge and belief Defendant admits making a payment. Defendant disputes the amount owing. 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. Request No. 3. Defendant admits that after receipt of the monthly billing statements marked exhibits 8-14, Defendant did not send a payment to Plaintiff. Response: Defendant has made a reasonable inquiry and that the information known or readily obtainable by the Defendant is insufficient to enable him to admit or deny, and so the request is denied on that basis. To the best of Defendant's knowledge Page 3 of 5 and belief Plaintiff's records are in error, which is the basis for Defendant's request to examine Plaintiff's books and records of original entry pertaining to Defendant.. 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. Request No. 4. Defendant admits that the last payment made on the account was posted by the Plaintiff on January 26, 2004 and is reflected in the exhibit 8 monthly billing statement. Response: Defendant has made a reasonable inquiry and that the information known or readily obtainable by the Defendant is insufficient to enable him to admit or deny, and so the request is denied on that basis. Defendant admits making a payment. 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. Request No. 5. Defendant admits that the balance owed on the account is $13,797.39. Response: Defendant rescinds Defendant's prior response and states to the best of Defendant's knowledge and belief Plaintiff records are in error, which is the basis for Page 4 of 5 Defendant's request to examine Plaintiff's books and records of original entry pertaining to Defendant. 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. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 26 h day of July 2005. Respectfully submitted and signed by Russell E. Clouser, Page 5 of 5 C n? ? o ri rt' r: CD Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., Plaintiff, VS. RUSSELL E. CLOUSER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 CIVIL - LAW CERTIFICATE OF SERVICE I am over 18 years of age and I am not a party to this action. I reside at 11 Countryside Court, Camp Hill, PA 17011. On the 26"day of July, 2005, 1 mailed a copy of Defendant's Amended Responses to Request for Admissions via Certified Mail Number 7004-0550-0000- 2718-5433 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 AndrewDrive Suite 170 West Chester, PA 19380 By' 4v /k, (,CUU/,cDr? Lisa M. Clouser 11 Countyside Court Camp Hill, PA 17011-1518 Certificate of Service by Mail Page 1 of 1 c^ {_, -„ u? .? -? =;;; f" ,i` '?J ?? ` _. = i4 2 C-% . y .-< ..y, 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 CITIBANK (SOUTH DAKOTA) N.A. Plaintiff V. RUSSELL E. CLOUSER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-25 Civil CIVIL ACTION - LAW Plaintiffs Answer to Defendant's Motion to Compel Plaintiff, Citibank (South Dakota), N.A., by its counsel, Burton Neil & Associates, P.C., responds to Defendant's Motion to Compel as follows: It is denied plaintiffs 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 ab:ached Order denying Defendant's Motion to Compel Answers to Defendant's Discovery. BURTON NE & ASSOCIATES, P.C. Burton Ne , Esquire Attorney 1 r 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 CITIBANK (SOUTH DAKOTA) N.A. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-25 Civil RUSSELL E CLOUSER Defendant : CIVIL ACTION - LAW Certificate of Service I, Burton Neil, Esquire, do hereby eertify that I 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 NEIL/& ASSOCIATES, P.C. .v BY:, ?// Burton -Neil, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-4088 r? {? (-? ?? T c?r+ "'''? -r, j11 ?- lt; i _-? ?T. ? ? it,jJ _l Y } ?.? t1= S ,J \. ?, \':Z Gt 1 (^ :{ -. CITIBANK (SOUTH DAKOTA) N.A., Plaintiff Vs. RUSSELL E. CLOUSER, Defendant :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-0025 CIVIL IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this day of August, 2005, argument on the within motion to compel is set for Thursday, September 8, 2005, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, /Urton Neil, Esquire For the Plaintiff Russell E. Clouser, Pro Se Defendant Am O?.pd? ;:J nv°l'. i? av 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 BANK OF AMERICA,N.A.(USA) 4161 Piedmont Parkway Greensboro, NC 27410, Plaintiff V RUSSELL E. CLOUSER, 11 Countryside Court Camp Hill, PA 17011, Defendant CIVIL/ACTION - LAW NO. 5-25 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6157 CIVIL TERM IN RE: MOTION TO COMPEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER OF COURT AND NOW, this 8th day of September, 2005, the motion of the defendant to compel discovery is denied. By the Court, hristopher E. Rice, For the Plaintiff L' ssell E. Clouser, :bg Esquire Pro se rks 09 -/0? -o5 ? ??'?. ??.? Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., Plaintiff, VS. RUSSELL E. CLOUSER, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-25 : 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 Certificate of Service - Page 1 of 1 't 44 A Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., Plaintiff, VS. RUSSELL E. CLOUSER, Defendant. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-25 CIVIL - LAW INTERROGATORIES-SET 3 To Citibank (South Dakota) N.A., Burton Neil, attorney of record for Citibank (South Dakota) N.A.: 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 41, 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 J Interrogatory 91, 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 20 day of October 2005. Respectfully submitted and signed by Russell E. Clouser, Page 2 of 2 a Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., Plaintiff, VS. RUSSELL E. CLOUSER, Defendant. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 CIVIL - LAW REQUEST FOR PRODUCTION OF DOCUMENTS-SET 3 To Citibank (South Dakota) N.A., Burton Neil, attorney of record for Citibank (South Dakota) N.A.: 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 5491-4920-1129-1584. Page I of 2 r r, • t 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 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 C 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 - I. -11 L do I 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 1 don't know what's happened in that case since. That's not 2 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 I 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. 16 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. lfA?nAJ/lJti4Jctl?/a _ 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. A/in..Ga. <c loaf Date Kevi Hess, J. Judicial District 7 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 CITIBANK (SOUTH DAKOTA) N.A. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL E. CLOUSER NO. 05-25 Civil Defendant : CIVIL ACTION - LAW Plaintiff's Motion Pursuant to Pa. R.C.P. 4014(c) to Determine Sufficiency of Defendant's Amended Answers to Requests for Admission Now comes plaintiff Citibank (South Dakota) N.A. by and though its counsel Burton Neil, Esquire and moves your Honorable Court to determine that defendant's answers to plaintiffs Requests for Admission be deemed admissions. In support thereof, plaintiff represents as follows: 1. Plaintiff served defendant with requests for admission which defendant answered. Copies of the requests and answers are attached hereto as Exhibits A and B. 2. Plaintiff communicated to defendant that defendant's responses to the requests were insufficient. 3. Defendant served plaintiff with an amended response to the requests for admission which is attached hereto as Exhibit C. 4. Neither defendant's answer nor amended answer to the requests for admission fairly met the substance of the requested matter and denials were not properly qualified. 5. The substance of each request should be within the knowledge of defendant to admit or deny and that reasonable inquiry would have enabled him to do so. WHEREFORE, plaintiff moves your Honorable Court to order that each matter contained in plaintiff's Requests for Admission is admitted. BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil squire Attorney to 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 CITIBANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT COMMON PLEAS VS. CUMBERLAND NO. 05-25 Civil , PENNSYLVANIA RUSSELL E CLOUSER Defendant : CIVIL ACTION - AW Plaintiff's First Set of Requests for Admission to Defendant Plaintiff, by its undersigned attorney, hereby serves upon for Admissions pursuant to Pa.R.C.P. No. 4014. Your attention provides: Each matter of which an admission is requested shall be The matter is admitted unless, within thirty days after serv such shorter or longer time as the court may allow, the party to wl serves upon the party requesting the admission an answer verified signed by the party or by the party's attorney; but, unless the court shall not be required to serve answers or objections before the exy service of the original process upon him or her. If objection is made, the reasons therefor shall be stated. the matter or set forth in detail the reasons why the answering p A denial shall fairly meet the substance of the requested t requires that a party qualify the answer or deny only a part of the is requested, the party shall specify so much of it as is true and q An answering party may not give lack of information or Ii failure to admit or deny unless the answering party states that he inquiry and that the information known or readily obtainable by I enable him or her to admit or deny. A party who considers that a has been requested presents a genuine issue for trial may not, on request. That parry may, subject to the provisions of Rule 4019(d reasons why he or she cannot admit or deny it. the within Request called to Rule 4014(b) which set forth. of the request, or within i the request is directed the party or an objection, )rtens the time, a defendant ion of forty-five days after answer shall admit or deny cannot truthfully do so. lion, and when good faith r of which an admission or deny the remainder. owledge as a reason for : she has made reasonable n or her is insufficient to iatter of which an admission at ground alone, object to the deny the matter or set forth EXHIBIT l l Requests for Admission 1. With reference to the monthly billing statements for d with plaintiff copies of which are attached hereto as requests for 14: a. Defendant admits that the detail set forth in each m reflected for the monthly billing period defendant's use of the all charges and credits to the account. b. Within 60 days after defendant's receipt of each monthl: admits that no writing or other communication disputing, protestin charges or credits appearing in the monthly billing statements was c. Defendant admits that with respect to each monthly error notice was not sent to plaintiff. 2. Defendant admits that after receipt of the monthly billi. 1-7, defendant made a payment which was reflected as a credit in statement. 3. Defendant admits that after receipt of the monthly 8-14, defendant did not send a payment to plaintiff. credit card account > exhibits 1 through billing statement accurately it and accurately reflected billing statement defendant or objecting to any of ent by defendant to plaintiff. statement, a written billing statements marked exhibits following month's statements marked exhibits 4. Defendant admits that the last payment made on the acco t was posted by plaintiff on January 26, 2004 and is reflected in the exhibit 8 monthly billing tatement. 5. Defendant admits that balance owed on the account is $11.797.39. BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, In making this communication, we advise that this office is a debt Verification I, Russell E Clouser, defendant in the within action, hereby verify made in the foregoing Requests for Admission are true and my knowledge and belief. The undersigned understands that the subject to the penalties of 18 Pa. C.S. Section 4904, relating to authorities. the statements of fact to the best of the undersigned made herein are falsification to Date: J _ Russ ill E Clouser C-46ge 08/07/03 $5970.57 $239.00 RUSSELL E CLOUSER LISA M CLOUSER 11 COUNTRY SIDE COURT CAMP HILL 17011-1518000 PA ® MNon Platinum Account Number $491 4920 1129 1584 PATIENT yetT NE 19CEt TED ft 1,00 " LOCAL TIME ON 00107/1003 07memeMAbdeg Dena Taw cram U... ATepNey Ct1d*LIa 07/14/2003 $11200 $5229 cA r Or ! + SITE:KCI MELLON P.O. BOX 8108 S HACKENSACK. NJ 07606-8108 4myeaee•e W", *w eetrree•ee dv? CneAdvm.*Lace AM $11200 rmtmm !115.(l0 4 TM:CO-8000 ACID:KC35033 1D/14/04 19:23:04: e, FL ab" eft u1MC ft" nele "51,Z9 15970.57 y ~Pn Wewem Awned On 6124 00 a 1:299_On Sale Oeb Pod Ode RNIweOLe WWWA W AAWRI SILO Loot a elm,"A Anmwt Stswdord Pmrch 7114 MEMBERSHIP FEE JUL 03-JUN 05 0.00 0000 LA P 7?0 7114 TE rEEE - JUN PAYMENT AST DUE 35.00 6/23 6/Z3 6 %JZSZCPB SIGHT&9OMMD 717-6874220 PA 70001 0.00 7101 7/01 61 A79 2US 7 0 XNY112WM VALUE CITY FUROOODO927 MECHANICSBURG PA 70456673175 30.74 7/14 61 PU IES'SFIMANCE CNARGEePERIODIC RATE 92410193189.15 84 0000 0 70000000000 The Annual Percentage Rate on your account may c i d n rease uo to one of the following reasons stated in your Card Agreement with us: if you f il t k a o ma e a payment to us or any Silk pr creditor when due d i , you excee your credit l ne or you make a payment to as that is not honored by your bank. If you default on any Card Agreement, Your rate may increase. The new rate will be the Prime Rat plus up to 19.990%, based on the nature of defaults and performance indications. These rate apply to your account at the time this statement was printed. Account Summary rev Purchases ayen + • a w AoMees ql PURCHASES TAD ANCES $5,IS,: .68 $1 1 00 { 55.68 $17 5074 0.00 SO.Oba O 5.74 O_MI t " .15 ?c 05,9 0.57 ae Mn'00 Der; Tom 811m Parfed: 22 Rata Summary a ea c Flnrrca Charge Periodic Rd* APR ANNUAL pENUMADy RATE Porch N CESa DV 05,831.92 0.04630%0) 16.90% X-1 B1iT Wj A AA Standard Ady 00.DO 0.05477%(D) 19.990% - 19.990% 09108/03 $3.47 $3.47 SITE: TM:CO-S000 ACID:KC$5033 10/14/04 19:23:04: MELLON RUSSELL E CLOUSER P.O. BOK 6108 LISA M CLOUSER 5 HACKENSACK. 11 COUNTRY SIDE COURT PA 07606-8308 CAMP ILL 17011-1518000 0 L%sm Platinum ACCaN11 Nwmbor 5491 4920 1129 1594 rrvMErT MrwT BE 99CLIYEe BY Lt06 Pn LOCAL TIME 011 6010012003 r..w,w tAn,w...«r C.er .r1.+M.r rwww?...?hrw FL mat"GrA hu"Orb Ate CIMeLM A*06619CndRLiu 08/13/2003 $11200 $11196 AMWFA Omer $0.00 + CuhAdrOW LYYt $11200 Putts $0.00 + Up* M &.W1 96 $3.47 nN1lY1d1ne1at Ow 47 = $3.47 Law 6atr PMm 00b MlrrwAU nl.6.r marrt+N aberaw0t -. _ __ Ar1Md1e Pave nts Cr"its a Adjustments YMENT tNANK YOU -5 846.42 7/16 0079702/ PA 70 0000 0 0 , 7/29 62761109 PAYMENT TRANK YOU -121.15 0 0 8/13 Standard perch *FINANCE CNARGEEOPERIODIC RATE RCHA ?. 47 s4 00 7OM? Under the term of s b rd Agreement, the Finance Charges on rho 0q statement were calculated on the New Balance shown on YYour previoaa Month's billing statement until payment was credited to your account. Peace of mind is knowing... Xour Mellon Dank Card account is Vrotetted if you fi t t d - ou ar ;425 to n ocame stops. Call 1-566-247 race ve $40 in rebate t t d b ec e eopro youp can rolld rer + so - aym s (+J F7 Aeceant fiammaiy CH NCE er PURCHASES IEES f5,9 0.57 9 0.00 $5,97:0.57 .47 3.47 0 TOTAAL 0.57 $5. 0.00 $5,970.57 .47 .47 Raba Summary Purch $250.03 0.04630%(0) 16.900% Ippyy. Y d, Adv $0.00 0.05477S(D) 19.990% 10/02/03 $142.54 $20.00 SITE: SOMM 0111111111111111111 MELLON RUSSELL E CLOUSER P.O. BOX 8108 LISA M CLOUSER S HACKENSACK. 11 COUNTRY SIDE COURT 07606-8108 CAMP HILL PA 17011-1518000 fAskm Platinum Accwnt NunOsr 5491 4920 1129 1584 PAra[AT WST he AtcctvtD BY S:aD Be AOCAL TIM Be 1010/2003 etew.aefc1W" o. e. TOWCr* aLM A.wrr cnea Lm. 09112/2003 $12000 $13857 .00 ? 4/21 43396517 8/30 8/30 O NIC300 8/31 8/31 XNX%BBBS 8/31 8/31 P03JOF90 8/31 8/31 7097GX27 9/03 9/03 MP6'XC57 r arr?err?.m .ws......wewe as%Adr Lmft Ar.a $12000 PetDw 50.00 ? Psymsnts Credits 8 Adjustments P 70 0000 A NTfHAMK YOU o 0 $taedard ek GARFIELD S UFF 7 3003-682-7163 CO 61 A5964 PARTY CITY T OECHAMICSBURG PA fil THE AMOt1?POT 4120 7 Q CHANICSBURG PA fil 61PEAPE 2U5 27 8 0 CHANICSBURG PA 61PEA07 2U1227 8 o CHANICSBURG PA Peace of mind is knowing... yyoouur Ne11on Bask Card account is rotected it incoM stops. Call 1-866-631-0155pto find out you can be protected and receive $50 in rebate coupons when you enroll. COMM CARRIER TRAVEL ACCIDENT INSURANCE UPDAT As of 6``20 ZO03 this program is underwritten t Nations But on Fire Ins. Co, of Pittsburgh, Pa under policy 9026666, with covera a changes. F revised terms and conditions, cal} 1-600-538-4 TM:CO-5000 ACID:KC65033 10/14/04 19:23:04; tile, FL i7 e.e ewnw $142.54 W~ Anent a. e 520.00 3.47 74.65 7843ZB63242 7048872324350 10.06 70541863244 27.54 80416013244 10.59 80416013247 Ac,:ased 9wnsary Previous ? c s ? aw CN PURCHASES ADVANCES 3.47 0 00 $1IO'00 10 00 $ . 00 $242-S4 OT . . 0 0 t0.00 T AL 3.47 $142.54 $3.41 .00 $142.54 D This Mine PWIm& 30 Rate sumunary • ants c Fklance Charge n e Rate A Wa ANNUAL lff" PURCHASES Standard Purch ADVANCES $0.00 0.04630%(D) 16.900% Standard Adv $0.00 0.05477%(D) 19.990% 19.990% 3 11/03/03 $12405.05 $856.87 SITE: MELLON RUSSELL E CLOUSER P.O. BOX 8308 LISA M CLOUSER 5 NACKENSACK, 11 COUNTRY SIDE COURT OT606-8108 CAMP HILL PA 17011-1518000 ® Moon Platinum A a?+"rwwn, ^ P Aceouni NNmCer 5491 4920 1129 1584 Ma r?.R VgbwMW 3 PAYMENT MOST SE RECEIVES 31 1100 W LOCAL TIME 00 11/03/2001 fhb 6,ft:wMNE DMA TWIG MAN Lin AV.S"crat LNN Cnh Ada LYMI Avtl1x3M 10/14/2003 $12000 o t .$12000 YN AMn?Oe 0 nNr CrOMU pea w r NI 140s_as + 50.00 + $4 9124 43310759 9/14 9/14 GONk7T30 9/30 9/30 JJGBBTOO 9112 9/13 182CRT30 9/14 9/14 YDMxTT30 9/29 9/29 10/03 10/03 10/04 10/04 10/14 10/14 6 Adjustments 0 0 MECHANICSBURG PA 7 303-682-7163 CO 7 0 Standard Purch MOM MUFFLER 8141 MECHANICSBURG PA fil OUNNAI 5300056 9 MECHANICSBURG PA 61 AS9410S 7 0 OFFICE LEMOYNE PA OFFICE ! LEMOYNE PA OFFICE 6 OLEMOYNE PA NANCE CHAIn)ENFOR TRANSACTIONS NANCE CHARGE•PER1001C RATE 0 TM:CO-5000 ACID:KCBS033 10/14/04 19:23:04: rL "Warm 112405.05 mOA1nmAI09101 Ow N (858.87 -214.33 -15.89 70541863258 -43.77 78432863273 71.19 92541863258 15.69 70541663258 000.00 85418705zu 5 000.00 85418701276 2 DOD .00 854181009 00 7D000OOODDO 86.82 70000000000 Each Ca•h Advance is subject to a one-time transaction fee. This fee will c e our Annual Percentage Rate to exceed the noel Snoun) Percentage Rate listed on this statement. Peace of mind is keowinq... your Mellon Credit Card account is protected it y income stops. Call 1-877-300-2927 to find out has you can be protected. Receive a 15 rebate coupon when you enroll. Account Summary PURCHASES ADVANCES TOTAL S14J.54 7.65 WOO $142.54 :12.067. 68 Rata BU""NWV G+6T9NGw BTYT9NGR H2YT"GM Purch $0.00 Adv $5.068.00 $43.77- 12,448.82 12,405-05 FN-n ,m ..A] I ANNUAL Rate APR 0.04610%(D) 16.900% 7XHIGIA 0.05477%(D) 19.990% 44.891% 12/02/03 $12189.43 $442.43 SITE:9C CL 710/14/04 ACID:KCBS0304: MELLON RUSSELL E CLOUSER P.O. Box 6308 LISA M CLOUSE% S HACKENSACK, NJ 11 COUNTRY SIDE COURT 07606-8108 CAMP HILL PA 17011-1518000 @ McWn Platinum Au nt HOmlwr $491 4920 1129 1584 PAVWAj WIT 11 AECEIY[b It 1:00 Pe LOCAL 71W ON 1210112001 yyynsol7Cbr,p D6 Tom Cmdo LM ANdl" C1 dl LIPS 11/12/2003 $12000 so ?weuP&r $189.43 + rer nrr ePMp.m rw4b 1-8 7-868.5132 r.,w'Wlbv .a PO ox 44167 rsi,?AS.wwrwr Joe senville, FL rP,w..wrwrrys 312 1-4167 cWhA4rwcwt"m ArWNACm, Urm aw fthP $12000 $0 $12189.43 PgIA0 Y Wow Y1PVm0e AASunl DUO to.00 a 1253 00 m 5442.43 by DM Pot Bob a.w.mabom sr Auk" am LPk sdmand - - AMFI" pA Msuts Credits R Adiustarts bak Y01 -856.87 10/30 42156441 T O 0 0 11/01 11101 NNLMNAOL Staa4rd Parch CIRCUIT CITY SS 83720 MECHANICSBURG PA 12.70 61 A5732US a 0 60444723306 11102 11/02 3JZKF530 900-936-3500 NA ? •MICROSOB USTEVAS 06.00 i O 61 885118633 11/05 11/05 INTGOF90 DEPOT 4120 MECHANICSBURG PA THE HON 10.30 - 61 AS 7 0 70541863310 11/05 11/05 LMISSR30 SEARS ROEWCK TTII MOBILE AL 69.31 61 A596PUS 7 0 76541863310 11/05 11/05 CYJPKT30 STAPLES 8643 MECHANICSBURG PA 10.56 41 ASIl1US 9 0 92541863310 11/05 11105 IIN156F2L CIRCUIT CITY SS 83720 YECMAMICSBURG PA UITCI 21.19 5 a 0 61 80444723310 11/06 11/06 •TNOZP30 SEARS RQEWCK 24,24 CAMP WILL . PA 37.09 61 A5311US 7 0 70541663311 11/07 11/07 5HITZF3L CIRCUIT CITY SS 13720 MECHANICSBURG PA 180.15 61 A5732U5 B 0 80444123313 11/69 11/09 66Z40F" TWE 1x1001r1EE T 4120 MECHAMICSWRG PA 24.25 61 A520W T 0 70541863314 11/09 11/09 BSZ4DF90 _ CNAN CSB11Rf. PA T 4120 E .74 1 O T 0 A520005 6I + 705418633 t Standard A4v 11112 RIODIC RATE `YANC INANCE CHWEO ?91.94 6 E 7ndndO Your Mellon Bank Card an provide shopping convenience and account protection. Coil 6receivel a Sts rebate how to protect your coupon when you an u an and Aeesut Summary . 4-iaTt • . Adymces -5f a ... '.... _ - -[ -- j ei 28unc.1Z1Z 44 11269.43 73 .1 TOTAL LESS 512,105.05 $$4 1.31 451 31 f85! HAD 1 S 019 .99W4 Rita BummmrtY Purch $0.00 Adv $11.084.53 c -Nom ANNUAL Rate APR ?/ 0.04630%(0) 16.900% ?x J 0.05477%(D) 19.990% 19.990% 01/06/04 $11944.39 $248.00 SITE: MELLON RUSSELL E CLOUSER P.O. BOK 8108 LISA M CLOUSER S HACKENSACK. 11 COUNTRY SIDE COURT 07606-8108 CAMP HILL PA 17011-1518000 Meson Platinum 5491 4920 1129 1564 PAYateT V5T If RECtIr[e IT 1:00 ?a LOCAL llat ON 01/6412004 agh.aathY.he W. raW Caen La. AWWFCf etL 12/12/2003 $12000 $55 1- n.?.t.ar.arw.tr P ,.t....wr+hA 3 CIMAd wLYNt Av."W, $12000 P..t 00. A + WOO • $2 TM:CO-5000 ACID:KCB5033 10/14104 19:23:04: Serk4 MI a ?dt. 1-S132 4167 ille, FL 67 a.. 9+ 0 $11944.39 nw.u. Alplmt m,. $248.00 Peyaw?s Credits 8 M1ustwents yNAMK YOU YR 77 '442.43 12/01 %? Q 434441 0 0 11/13 11113 ECKANICSBURG PA YI-OT27L CI RCU5 ZUSY SS 83720 M 8 19 3 O I 73 18444723 1 Standard rc SBURG PA C I 20 14 11113 11/13 HAN C W67GCF90 THE KOME O 4120 ME . 61 AS200bS 9 0 92541863318 11/17 11/17 L90%S1Y5 PALUMBO PIZZA MECHANICSOURG PA 6.36 61 A5812US 7 0 70453263322 12/12 CHARGES-PERIODIC RATE PURCHASES-FINANCE .96 84 70000000000 $taMerd Adv 12112 PERIODIC RATE FINANCE CHARGE' A YANCES 2933.06 O O B, 70000000000 Our records shoe hone phone 717-737-3334 and business phone 717-921.82301. Please update above coupon if incorrect. Please see the enclosed Notice of Change in Terns o Your Card Agreement for iWortaat information d, t C d A t o your ar greemen regar eg Chaages . YOU WAY QUALIFY FOR A SPECIAL LOW BALANCE TRANSFER RATE AND OTHER CURRENT ACCOUNT BENEFITS!{ Call 1.800-772-088999 to find out more. Peace of mi b is knowing... Your Mellon Credit Card account is protected it y 36-94 fi ll -86 - d t h r income stops. Ce 1 6 4 42 to n ou ow R b i $20 t b t t d ece ve a re a e coupon .? zoo e pro ec e . o You enroll. Account Summitry Fillou Prwvkga ? acs ITF;Frw a c CE Mr= e.ie ee PURCHASES ?S $451.31 $ 56 259.47 4 96 ss 3Ty17.36 TOTAALL 012.209.43 520.54 463.62 01 0 02 511.944.39 Rabe luoetery Perth $357.30 Adv $11,749.91 0.04630%(D) 16.900% 0.05477%(D) it. 990% 19.990% T 02/05/04 $12217.65 $471.83 SITE:KC MELLON RUSSELL E CLOUSER P.O. Sox nice LISA M CLOUSER 11 COUNTRY SIDE COURT 07606-8108 CAMP HILL PA 17011-1518000 IAeftn Platinum Account NwnMr 5491 4920 1129 1584 ?ATIILmr eMET tE RECEIVED tl LIM M Lau TIME W 02/01/toM Sud*OWO]t"eDow TAW Croak Ur AVMI.W CrMILW 01/1312004 $12000 $0 AMM•tdr.r 3217.85 + T. n!•?wa?\w?l?? ?N.vY.gramV+ ..tn.rwTrmdMr Cum Ad home Limit Av.M.M1. $12000 Not Do M7 $0.60 + Sz TM:CO-5000 ACID:KC85033 10/14/04 19:23:04: FL N.. e.M.ri• $12217.85 W.Mam, Amount Dim = f+71.as mub•1• Volt a.t• a.tw.• N• w ARwaram.•Lint atww.t AnnMA- 12(24 Pa is Credits A Adlustamwts 43072251 11% ENT O ARK YOU -218.00 0 0 1113 Standard Parch 'PERIOolc RATE PUURCWEs5'FIRARCE cRAR Z7.91 6 O 7?OM? 1/02 1102 Standard AdV 00001374 FULTON R R 12TH START 11&15 LEMOYNE PA 302.00 60 FTT78 O 0 70000000000 1/13 ADVARCWFIRARCE CNAR"*FOR TRANSACTIONS 99.06 O O00 ' 6 7? X 1/13 ANCES. PERIODIC RATE FINANCE CHAROE A Y 207.49 R4 0000 , 0 70000000000 Each Cash Ad once is sub Oct to a one-time Annunl transaction fee. This fie will cause r l d th l A i nnua an= e nom Parcentage Rate to excee na PerceotaIle Rate listed on this statement. Protect Yo r Mellon Credit Card account today and to hel with o eb te ou o 514 t il i r r p p ve a ra s a c n rece Y fa find out how to - 1 166 1 ' P a=94W n t exp w es.ar 11 siqn op on Account Summ rev am + urc mu aym : + FIRM Advances r. C" 'CIE E • New Imiarwe ? CESS 6 27.03 1 .? 5 s Dt AN 6s11 s 1 7 216 00 0 0 219 M 2t 217 !5 TOTAL 311,9M.39 530 .0 f . i1 This P• Ift 32 Rde &man rlr • • "IM to r e Amino Flnane• Charge Rate APR P ANtOU ERCENTAGE RATE PURCHASES Standard Parch E A $196.]7 0.04630%(D) 16.900% ?1A,yR6% 1 K T stand „d Adv 1111311711 0.051774(0) 14.490% f= .t + ?2!'4 9 7 Y9 Z. 03/05/04 $11936.96 3248.00 SITE:K -CL TM:CO-5000 ACID:KCB5033 30114/04 19:23:04: MELLON RUSSELL E CLOUSER P.O. BOX 8108 LISA M CLOUSER 5 HACKENSACK, N 11 COUNTRY SIDE COURT 07606-8108 CAMP HILL PA 17011-1518000 MMon Platinum ACCO00t Number 5491 4920 1129 1584 PAtKST POST Of saaRrta 01 3;00 Pe LOCAL 71e1 00 03/05/2001 steerumt/Cbrhe onto IMP CnOOLim 02/11/2004 $11980 ArNr0Y Cmdt Line $43 C= Owr boo L O MOO + TeII hlleleereA.a, r PYerweea•,e.lr nrlr?mwrMt CsshAde LIMN AIM $11980 Pot" 30.00 4 , rL ima Mw OeMw 43 $11936.96 4V P40 Y1nlnum.AwaMtOW 00 L a $248.00 swombe Pont 9Ltn ¦rrweewarnNr MN•y waft L" RAN" AMK"t 1/26 Pe ts Credits S Adlestaents AYMEIIT ill-AR YOU 43341TOS -471.65 70 0 0 Staadar POrrA eA C RATE W FO E C A GE-PERIOD 98 2111 IM %C e RCHO H R I 4 WOO 0 TOOOOOOOOOU Standard Adv 2/11 ERIODIC RATE AWANCESFINANCE CHARGE .98 189 a 64 0 70000000 IMPORTANT PROGRAM INFORMATION: MasterCard renewed their insurance coverage with vir9inie Surety Company, estendinyq Purchase t t t Em d R l W er Assurance, en ed arran y and 4s en a through January 31. 2005. Account 8tw3Nary rN ous r chas es • s Sp it) WE e NOW (1 he3rxo PURCHASES ADVANCES 12;042 53 335533 S ??pq ? f 1 9 TOTAL 12,217.85 • 0.00 471.85 5190 96 5 1, 6.96 Ron s•tanw ry Parch $72.76 Adv 311,960.73 Rats APR PERCENTAGE RATE ??() a?00% U 0.04630110) 16.900% r{91 0.05477%(D) 19.990% ?( , `H 1 r-'IS 91 04/05/04 $12163.00 $684.00 SITE:KI MELLON RUSSELL E CLOUSER P.O. sox 8108 LISA M CLOUSER S HACRENSACK. N. 11 COUNTRY SIDE COURT 07606-8108 CAMP HILL PA 17011-1518000 -CL TM:CO-5000 ACID:KC55033 10/14/04 19:23:04: 44011 Platinum A"WMknew 5491 4920 1129 1564 1-t77-tit-%132 TatNCMkUM AwswN CndltlMS CawlAMae?UaJt AraMap W LMn 1NwanMa 111980 $0 $11980 $0 $12163.00 Po Mx 44167 J6eksonville. FL Anwe? pwr aw CrWtLW ?rtew ' A? D?ii AA0e tow 4 32231-4167 2 04 $183.00 + $248.00 4 5 03/11 .00 .00 = 168 snow. Paw Oak e.twa aw WAFAW Adkey am last surest Amsuw 3/11 Standard '9C_1 LATE F? -- FE8 PAYMENT PAST DUE 00.00 1 700000000 Standard Adv 3/11 ADYANWINANCE CHARGE-PERIODIC RATE 1.04 19 84 0 91 7 WN The Annual Percentage Rate on your account may i ng reasons increase due to one of the follow stated in Your Card Agreement with us: it You fail to able a Payaent to us or any other creditor when due, you exceed your credit line or you To a 9ayea"t to us that is not honored by your bank. t B A rag aW Purchases - aym orft f -'MOA I ICE • aw uwlNary ccoun CredIts W elo PURCHASES ANCES OT p $15 00 00 9S 0 11 96 . 04 16 AALL . 36. .0 0 $0 0 0 9191 12, 3.00 Pon Thb eaa ftm 29 Rate Summary Finance Charge 1 ladle APR A EBBTE Parch $0.00 0.04630%(D) 16.9on EX H I ra Adv 5121027.96 0.0547T%(D) 19199011 19.990% 9 05/06/04 $12485.45 $9999.99 SITE:K -CL TM:CO-5000 ACID:KCR5033 10/14/04 19:23:04: MELLON RUSSELL E CLOUSER P.O. ROX 8108 LISA N CLOUSER S HACKENSACK. N 11 COUNTRY SIDE COURT 07606-8108 CAMP HILL PA 17011-1518000 Platinum ANN*aawwr 5491 4920 1129 1504 i-en-ne-s131 T4W creek UM Ardman O"M LAY CnL. #ea LnrAt ANIYYe L.Mnn coma 44167 (11980 $0 511980 $0 Po 1l?V..rJ) l?rYlaw .. A!" 0 M010 Now sstY * $12485.45 YYJ.r? JUGaaea 52131-4 rlIla. M 161 c 04/12 orte $58M LS . YM 2804 $505.4S + 5501.00 + 6 k1Y .00 A @ap = $1270.45 0011 Daft rrrtaeb not a LAne w AdtArKeLwtftg*W* Aaa.Yt Standard Pureh 4/12 - MAR PAYMENT PAST DUE LATE ? 00 O 70000000000. 4112 YER C 0DIT LIMIT FEE 0 662 0 700000000 0 nd 4/12 PURCNASEssnNANCE CHARGE•PE1110111C RATE .76 84 0000 0 700000000 Standard Adv 4/12 ADYANCES'F ANCE CHARGE-PERIODIC RATE 257.69 64 0000 0 70000000000 The Annual Percentage Rate on your account has been fnCressnd due to one of the following reasaft, t t d C d e in your s a ar Agreement with us: y failed to make a a ment to 0u or an other cr ditor Nu p y y e due, yon enceaded your credit line or you made a payment to us that was not honored by your bank AccoLrlt SUmaLaly rw Purchases - + CH t sw halon<a TOTAL TOTAL ss YSs1 ??_???004.r ? 612;1 3.00 864.000 i 0 r0p I s n .00 t2 21 Q 14 69 5 4100-74 f1 32 341545 Rats aawLmary ..?....? nn. Arm 1 parch $36.35 0.06573e(D) 23.990% X 4t Adv $12,251.39 0.065T3%(D) 23.990% E- - 23. 990% - 06/04/04 $12796.02 $9999.99 SITE: MELLON RUSSELL E CLOUSER P.O. BOX B106 LISA M CLOUSER S HACKENSACK. 11 COUNTRY SIDE COURT 07606-6106 CAMP HILL PA 17011-1516000 -CL TM:CO-5000 ACID:NC95033 10/14/04 19:23:04: Meson Platinum Aaow•A ""do 5491 4920 1129 1584 CusbeMtr 6atvk0 1-677-666.5112 hKd u•4%Ua• POWN A tr dtLea CWh AMAa Unit Awl••M em N N•r e•1••N $0. $11960 $11960 $0 2 $1279 6 . 0 PO Hk 4416T Jacksonville, FL A ??•a?t t • [nNM .. PM Ow AJ IWY O•• • ?A 1t a1 e ANwtew 32236-4167 OS/12 04 $616.02 + $765.00 + S2 1 2 00 = $1654.02 No 0106 F&A Date 41•r •w laaaa •r Aar%ya Lwt at•1•w•at AAr•Nt 1 Ste?dard Purah T F - APR PAYMENT PAST DUE L E E 35 00 S 12 5112 A E p p p p E IT LIMIT FEE O OVER p l D . 000000 729.00 p p ppp p pp 6 U E 70000000000 5/12 RCMASES0FI%A"CE CNAR6 •PERIODIC RATE P .01 84 0000 0 700000DO000 %taadard Adv 5/12 ADVANCE IMANCE CNARCEOPERIOOIC RATE 246.56 6 70000000000 Please note that Wyments waft be received by L:OG p. w., local ttsaet, an a bank business day at the ON mat processinq facility that handles your Payslenls, SA orMr to b! credtied to our Account as of tfiet day, sad B6aaYyMeals Most confers to tba payMant inftrMdfeaa set forth ph the reverse side.. 411 calrer.tnq DrY?nts raetfved 4t the - saywent Procnsf nq facility sorter that tt Me "ill ke ercdttetl as of tM fol loritq bank business day. Your account is now 3 MONTHS PAST DOE and currently closed. Pl"se call the toll-free number shown above to learn about our special $ a, wor Saturday, 8 Call an looday o 5 -Friday, 7 to pp pm, Central Time. Account Sufamary p?NCNASES (100.71 ADVANCES =12,364.71 TOTAL 512,485.45 now sunwmwy s. Finsncc Purch $101.71 0.06573%(D) 23.990% Adv $12,503.47 0.06573%(0) 23.990% 51$6631.27 $512,798.02 23.990% OT/05/04 $13108.23 $9999.99 SITE:Kd-CL TM:CO-5000 ACIO:KC55033 now a. a I0/14104 19:23:04: MELLON RUSSELL E CLOUSE% P.O. BOX 8108 LISA M CLOUSER S HACKENSACK, 11 COUNTRY SIDE COURT 07606-8108 CAMP HILL PA 17011-1518000 Platinum Aeuoa "grew, 5491 4920 1129 1544 1-1177-111111-5132 - TOM Cftdk o Lim PO Box 44167 Jacksonville, FL Cpaa 6/10 6/10 6/10 6/10 CarA Avvew L1vA A"Woblr 611960 LATE FEE - MAY PAYMENT PAST DOE O"YEll SIT LIMIT FEE o 01 PURCMASES•rIMAMCE CKARGE•PERIODIC RATE 84 DOW 0 ADYAMCESmF'IMANCE CHARM-PERIODIC RATE 64 0000 0 Xelrr is avails lel Please call the toll-free oualber shown aloe to learn about our special payment options. Call Malay - Friday, 7 an to 9 Pak, or Satarl, 6 am to 5 pa. Central Time. Please give us the apportuoity to assist you. Der records show bo a phase 717-737.3334 and business phone 717.921-8238. Please uoaate coupon it incorrect. Citi no loner offers the Mellon credit card. Your Aeewi! Sam ADVANCEESS TOTAL Rate S u nwrv $166.75 12,631.27 12,796.02 $ 00 $d4.000 0 ;0:0000 0 mokin of" ed.arr $13108.23 35.00 70000000000 29.00 70000000000 70000000000.21 243.00 70000000M 112Sa71.Z7 13,108.23 Purch 11166.29 Acv =12,746.20 Rate APO 0.0657316(0) 23.990% EXRIQ 1 0.06573%(D) 23.9901 23.990% 08106104 $13462.57 $9999.99 SITE:KC?CL TM:CO-5000 ACID:KCB5033 10/14/04 19:23:04: CITI CARDS RUSSELL E CLOUSER P.O. Box 8108 LISA M CLOUSER S HACKENSACK. 11 COUNTRY SIDE COURT 07606-8108 CAMP HILL PA 17011-1518000 Citr Platinum Select' Card Aawut W~ 5491 4920 1129 1584 1-600-913-6453 - fatal Crean th» AwaYe Cewn LIM Can A4waw Unit Aaaaable PO Box 4167 $11960 $0 $11980 Jacksonville, FL sea Al =a: rutbw 32231-4167 07/1MR 04 $1482.57 (3313.00 7/ 3 r Pa ex S M "Al 1 - J UM PAYMENT PAST DUE LA 0 7/13 1 1ER 00DIT LIMIT FEE 7/13 2 o ?RCHAS•fINANCE CHAR •PERIODIC RATE O 0000 StaD6Mr yy//r 7/13 A0RME1 •FINAMCE CBAAGEOPERI00IC RATE O 84 000 HeIY is availablsl Please call the tall-free nnuui r shown &be to learngabout Oar special Pl eapm. senor vgetusutheCaopporBto YPato Cent alT? me to Accent sumnsm 7 rev us r halsafea c ur aaM AWW PURCHASES $233.96 00 S . ADVANCES 12,874.27 0 0 0 TOTAL 113.108.23 . $ .00 Rote smmwy balance Finance Charge Purch $236.46 - 0.0664116(D) 24.240% Aar $13.01z.ol 0.0664116(0) 24.240% CTa h New 0ataaaa 0 $13462.57 35.00 70000000000 22999.00 0pp 18 70000000000 70000000000 16 $303.14 £13,259.43 13.462.57 U11CENTAK RATE. EXHff"T 24.240% 09/06/04 $13797.39 $9999.99 RUSSELL E CLOUSER LISA M CLOUSER it COUNTRY SIDE COURT CAMP HILL 17011-1518000 Citr Platinum Selects Card Aecewt Nwlw 5491 4920 1129 1584 1-500-963-6483 ?9ea Uw Avokbk $Lk" PO Box 44167 s....?wi e- A. SITE:K - CL TM:CO-5000 ACIO:KC5SO33 110/14/04 19:23:04: CITI CARDS P.O. Box 8108 S HACKENSACK, N 07606-8108 Ci, CwA A4ww LWt AsaW?p taw N New Metwee :11980 $0 $13797.39 ran ? %bAare PA JeCaf011 e1110, PL /12 c r 7m DIM 51617 cnw?uA. $1608 91 39 34 31 04 2 •?••••? vw 00 $3 377 39 12211-4 0 1sT . . . sIa DIM Pee"" mM M alo Lwe Rellwme Aawml Pureb $tam6ar 5/12 JUL PAYMENT PAST DUE LATE FFEE 1 3 .00 5 p pq p I F E 0 0 70 00 8/12 MIT ER MIT L E OV 7 . 0 62 0 8/12 •PERIODIC RATE RCN?pFINANCE CHARGE s p 10 O 4 7 tIN TE - E- E IODIC R 72 8/12 A F ANCE CHARG sDyANCE P R . 70000000000 KeICp is availsppl rl Please call the tall-free ouw r shown above to learn about ppuur special Nowl 9 pi, or og:tUTd.0 , Ilan to 33 Pa FCoatral Time Please give us the opportunity to assist you. Aeeoumt Summary f ?j??_ 10 $373.24 ADVANCES 11 14 $.00 0.00 - 827 .a2 113 797.39 Rob %mNmary Purch $306.08 0.0644111CO) Adv $13.296.94 0.0664116(0) • TM P 70 1 AL Al Hornha APR ANNUAL 24.240% 24.240% 24.240% 24.240% C- ?(oFg Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., : IN THE COURT OF COMMON PLEAS Plaintiff, VS. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 RUSSELL E. CLOUSER, : CIVIL -LAW Defendant. RESPONSE TO REQUEST FOR ADMISSIONS Propounding Party: Citibank (South Dakota) N.A. Responding Party: Russell E. Clouser COMES NOW, Russell E. Clouser, Defendant, and hereby responds to Citibank (South Dakota) N_A., Plaintiff's Request for Admissions, as follows: Request No. 1. With reference to the monthly billing statements for Defendant's credit card account with Plaintiff copies of which are attached hereto as requests for admissions exhibits 1 through 14: a. Defendant admits that the detail set forth m each monthly billing statement accurately reflected for the monthly billing period Defendant's use of the account and accurately reflected all charges and credits to the account. Page I of 4 EXHIBIT Response: Denied. Plaintiff has not provided additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all debits and credits to Defendant's account. b. Within 60 days after Defendant's receipt of each monthly billing statements Defendant admits that no writing or other communication disputing, protesting or objecting to any of the charges or credits appearing in the monthly billing statements was sent by Defendant to Plaintiff. Response: Denied. Plaintiff has received a copy of Defendant's billing error dispute letter The letter was sent certified mail and was received within the 60 days. c. Defendant admits that with respect to each monthly billing statements, a written billing error notice was not sent to Plaintiff. Response: Denied. Plaintiff has received a copy of Defendant's billing error dispute letter _The letter was sent certified mail and was received within the 60 days. Page 2 of 4 Request No. 2 : Defendant admits that after receipt of the monthly statements marked exhibits 1-7, Defendant made a payment which was reflected as a credit in the following month's statement. Response: Denied. Plaintiff has not provided additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits to Defendant's account. Request No. 3. Defendant admits that after receipt of the monthly billing statements marked exhibits 8-14, Defendant did not send a payment to Plaintiff. Response: Denied. Plaintiff has not provided additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits to Defendant's account. Request No. 5. Defendant admits that the last payment made on the account was posted by the Plaintiff on January 26, 2004 and is reflected in the exhibit 8 monthly billing statement. Page 3 of 4 Response: Denied Plaintiff has not provided additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits to Defendant's account. Request No. 6. Defendant admits that the balance owed on the account is $13,797.39. Response: Denied. Plaintiff has not provided additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all debits and credits that the Plaintiff claims Defendant owes. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 25a` day of April 2005, Respectfully submitted and signed by Russell E. Clouser, Page 4 of 4 Russell E. Clouser 1 I Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., : IN THE COURT OF COMMON PLEAS Plaintiff, VS. RUSSELL E. CLOUSER, CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 CIVIL - LAW Defendant. DEFENDANT'S AMENDED RESPONSES TO REQUEST FOR ADMISSIONS Propounding Party: Citibank (South Dakota) N.A. Responding Party: Russell E. Clouser COMES NOW, Russell E. Clouser, Defendant, and hereby responds to Citibank (South Dakota) N.A., Plaintiffs Request for Admissions, as follows: Request No. 1. With reference to the monthly billing statements for Defendant's credit card account with Plaintiff copies of which are attached hereto as requests for admissions exhibits I through 14: a. Defendant admits that the detail set forth in each monthly billing statement accurately reflected for the monthly billing period Defendant's use of the account and accurately reflected all charges and credits to the account. Page 1 of 5 EXHIBIT Response : Denied Defendant cannot say for absolute certain that these statements submitted by the Plaintiff are accurate and correct. Further, that the statements here do not show an charges made by Defendant can not be certain that those specific charges are in fact Defendant's and these statements do not show all payments made on the account either. Plaintiff has failed or refused to prove up Plaintiffs case using authenticated evidence introduced by a competent fact witness; therefore Plaintiff has not established Defendant as liable for the purported debt. b. Within 60 days after Defendant's receipt of each monthly billing statements Defendant admits that no writing or other communication disputing, protesting or objecting to any of the charges or credits appearing in the monthly billing statements was sent by Defendant to Plaintiff. Response: Defendant has made a reasonable inquiry and that the information known or readily obtainable by the Defendant is insufficient to enable him to admit or deny, and so the request is denied on that basis. c. Defendant admits that with respect to each monthly billing statements, a written billing error notice was not sent to Plaintiff. Page 2 of 5 Response: Defendant has made a reasonable inquiry and that the information known or readily obtainable by the Defendant is insufficient to enable hire to admit or deny, and so the request is denied on that basis. Request No. Z : Defendant admits that after receipt of the monthly statements marked exhibits 1-7, Defendant made a payment which was reflected as a credit in the following month's statement. Response: Defendant rescinds Defendant's prior response and states to the best of Defendant's knowledge and belief Defendant admits making a payment. Defendant disputes the amount owing. 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 Request No. 3. Defendant admits that after receipt of the monthly billing statements marked exhibits 8-14, Defendant did not send a payment to Plaintiff. Response: Defendant has made a reasonable inquiry and that the information known or readily obtainable by the Defendant is insufficient to enable him to admit or deny, and so the request is denied on that basis. To the best of Defendant's knowledge Page 3 of 5 and belief Plaintiffs records are in error, which is the basis for Defendant's request to examine Plaintiffs books and records of original entry pertaining to Defendant.. 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. Request No. 4. Defendant admits that the last payment made on the account was posted by the Plaintiff on January 26, 2004 and is reflected in the exhibit 8 monthly billing statement. Response: Defendant has made a reasonable inquiry and that the information known or readily obtainable by the Defendant is insufficient to enable him to admit or deny, and so the request is denied on that basis. Defendant admits making a payment. 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. Request No. S. Defendant admits that the balance owed on the account is $13,797.39. Response: Defendant rescinds Defendant's prior response and states to the best of Defendant's knowledge and belief Plaintiff records are in error, which is the basis for Page 4 of 5 Defendant's request to examine Plaintiff's books and records of original entry pertaining to Defendant. Plaintiff has failed or refused to prove up Plaintiffs case using authenticated evidence introduced by a competent fact witness; therefore Plaintiff has not established Defendant as liable for the purported debt. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 26a' day of July 2005. Respecifully submitted and signed by Russell E. Clouser, Page 5 of 5 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 CITIBANK (SOUTH DAKOTA) N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL E. CLOUSER NO. 05-25 Civil Defendant : CIVIL ACTION - LAW Plaintiff's Memorandum of Law in Support of Motion to Determine Sufficiency of Defendant's Amended Answers to Requests for Admission Pursuant to Pa. R.C.P. 4014 This matter is before the Court on plaintiffs motion to determine the sufficiency of defendant's amended answers to plaintiff s requests for admission. Copies of the requests and amended answers are attached to plaintiff s motion. The first request was set forth in three parts. The first part requested that defendant admit that the detail in the monthly billing statements attached as Exhibits 1 through 14 accurately stated the account activity and the charges and credits to the account. To subpart (a) defendant responded: "Denied. Defendant cannot say for absolute certain [sic] that these statements submitted by the Plaintiff are accurate and correct. Further, that the statements here do not show all charges made by Defendant can not be certain that those specific charges are in fact Defendant's and these statements do not show all payments made on the account either. 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." The second part requested defendant admit the matter that within 60 days after receipt of each monthly billing statement no writing or other communication disputing, protesting or objecting to any of the charges or credits appearing on the statements was sent to plaintiff. To this defendant responded, "Defendant has made a reasonable inquiry and that the information known or readily obtainable by the Defendant is insufficient to enable him to admit or deny, and so the request is denied on that basis." The third part of the first request was similar to the second but was specifically addressed to a written billing error notice. To this defendant set forth the same response to Request lb. Request No. 2 asked defendant to admit he made payments on the account after receiving the monthly billing statements marked exhibits 1-7 attached to the Requests. Defendant admitted this Request. Request No. 3 asked defendant to admit he failed to make payments after receipt of the monthly billing statements marked exhibits 8-14 attached to the request. To this, defendant responded, "Defendant has made a reasonable inquiry and that the information known or readily obtainable by the Defendant is insufficient to enable him to admit or deny, and so the request is denied on that basis. To the best of Defendant's knowledge and belief Plaintiffs records are in error, which is the basis for Defendant's request to examine Plaintiffs books and records of original entry pertaining to Defendant. 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." Request No. 4 asked defendant to admit that his last payment made on the account was posted by Plaintiff on January 26, 2004 as reflected in the exhibit 8 monthly billing statement to the Requests. Defendant admitted the Request. Finally, Request No. 5 asked defendant to admit that he owes a balance of $13,797.39. Defendant responded: Defendant rescinds Defendant's prior response and states to the best of Defendant's knowledge and belief Plaintiff [sic] records are in error, which is the basis for Defendant's request to examine Plaintiff's books and records of original entry pertaining to Defendant. 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. Pa R.C.P. 4014(b) provides in pertinent part: A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify the answer or deny only of a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. There is no question that defendant's answers to these Requests failed to comply with this rule. Plaintiff s complaint alleges defendant is liable for the charges made on his credit card account in the sum of $14,125.75. The Requests for Admission go to the heart of plaintiff s account stated' cause of action. The matters sought to be admitted were clear and succinct and singularly within defendant's knowledge to admit or if a denial was required to qualify the answer. Ostensibly, it was defendant who received and used the credit card to make purchases. It was defendant who made payments. It was defendant who alleged in paragraph 9 of his answer that "the account is paid in full." Nevertheless, defendant responded to the requests by either claiming that he lacks sufficient information to admit or deny the answers, or that he believes that "Plaintiff's records are in error" with no facts in support of that contention. Pursuant to Pa R.C.P. 4014(c) the Court may order the matters in the requests admitted or order that an amended answer be served. Defendant simply should not be afforded the 'Under Pennsylvania law, .....the essence of a common law action for an account stated is an agreement, either express or implied, based upon prior transactions, between two parties as to the correctness of an amount due.." Connolly Epstein Chicco Foxman Eneelmver & Ewing v Fanslow, 1995 WL 686045 at *5 (E.D.Pa.1995) (applying Pennsylvania law). opportunity to amend. Defendant already amended his answer to the Requests, and the amended answer still failed to set forth any facts in support of the denials. Defendant continually made a conscious choice to evade the dictates of the rule with the form of his denials. Accordingly, relief sought under Rule 4014(c) that the matters contained in plaintiff s Requests for Admission be admitted is appropriate. BURTON NEIL &ASSOCIATES, P.C. By: Attorney for Plaintiff in making this communication, we advise our firm is a debt 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 CITIBANK (SOUTH DAKOTA) N.A. Plaintiff vs. RUSSELL E CLOUSER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-25 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 Motion Pursuant to Pa.R.C.P.4014(c) to Determine Sufficiency of Defendant's Amended Answers to Requests for Admission, proposed Order, supporting Memorandum of Law and Certificate of Service 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: (400 BURTON NEI)& ASSOCIATES, P.C. BY: Burton Neil, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-4088 MAY 0 3 200V CITIBANK (SOUTH DAKOTA) N.A. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL E. CLOUSER NO.05-25 Civil Defendant : CIVIL ACTION - LAW ORDER AND NOW, this yL day of l++a 2006, upon consideration of the Motion of plaintiff Citibank (South Dakota) N.A. to determine the sufficiency of the amended answers of defendant Russell E. Clouser to plaintiff's Requests for Admission pursuant to Pa. R.C.P. 4014(c), the Court finds that the amended answers of defendant Russell E. Clouser are not sufficient responses to the Requests for Admission. Accordingly, it is hereby Ordered that each of the matters contained in the Requests for Admission of plaintiff Citibank (South Dakota) N.A. is admitted. Copies to: L06ton Neil, Esquire Attorney for Plaintiff X sell E Clouser Pro Se Defendant a°e 0 BY THE COURT: ?,; ?, , PRAECIPE FOR LISTING CASE FOR TRL4,L (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: V 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) CITIBANK (SOUTH DAKOTA) N.A. (Plaintiff) VS. RUSSELL E. CLOUSER (Defendant) (other) The trial list will be called on July 31, 2006 and August 22, 2006. Trials commence on September 18, 2006. Pretrials will be held on August 30, 2006 (Briefs are due S days before pretridis No. 05-25, Civil Term Indicate the attorney who will try case for the party who files this prriecipe: Russell E. Clouser, Pro Se Indicate trial counsel for other parties if known: Burton Neil & Associates, P.C. This case is ready for trial. Date: July 24, 2006 Signed: (check one) [Civil Action - Law ? Appeal from arbitration Print Name: Kv ?S e I I E, C I D US e C Attorney for: Pro Se ?II? 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 CITIBANK (SOUTH DAKOTA) N.A. Plaintiff V. RUSSELL E. CLOUSER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-25 CIVIL CIVIL ACTION - LAW Plaintiffs Motion for Summary Judgment Plaintiff, Citibank (South Dakota) N.A., by its counsel, Burton Neil & Associates, P.C., moves under Pa. R.C.P. 1035.2 for summary judgment against defendant Russell E. Clouser in the sum of $14,125.75 for the following reasons: 1. The pleadings, which consist of the complaint, answer with new matter, and reply to new matter are closed. 2. Plaintiff served defendant with requests for admission to which defendant answered and then amended. A copy of plaintiff's requests for admission and defendant's amended answers thereto are attached as Exhibit A. 3. Plaintiff filed a motion to determine the sufficiency of defendant's amended answers to the requests for admission. By Court Order dated May 4, 2006, all of plaintiff s requests for admission are deemed admitted. A copy of the Order is attached hereto as Exhibit B. 4. The pleadings and discovery disclose that there is no genuine issue of material fact that will require a trial. As such, plaintiff is entitled to summary judgment as a matter of law. WHEREFORE, plaintiff Citibank (South Dakota), N.A. moves the Court enter summary judgment pursuant to Pa. RC.P. 1035.2 for it and against defendant Russell E. Clouser in the sum of $14,125.75 plus the costs of this action. - BURTON IL 8 Burton Neil, Es Attorney for Pl TES, P.C. In making this communication, Burton Neil & Associates, P.C. advises it is a debt collector. Cr- y(OFY Russell E. Clouser I 1 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria persona. CTfIBANK (SOUTH DAKOTA) N.A., Plaintiff, VS. RUSSELL E. CLOUSER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 CIVIL - LAW Defendant. RESPONSE TO REQUEST FOR ADMISSIONS Propounding Party: Citibank (South Dakota) N.A. Responding Party: Russell E. Clouser COMES NOW, Russell E. Clouser, Defendant, and hereby responds to Citibank (South Dakota) N.A., Plaintiffs Request for Admissions, as follows: Request No. 1. With reference to the monthly billing statements for Defendant's credit card account with Plaintiff copies of which are attached hereto as requests for admissions exhibits I through 14: a. Defendant admits that the detail set forth in each monthly billing statement accurately reflected for the monthly billing period Defendant's use of the account and accurately reflected all charges and credits to the account. Page 1 of 4 EXHIBIT Response: Denied. Plaintiff has not provided additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all debits and credits to Defendant's account. b. Within 60 days after Defendant's receipt of each monthly billing statements Defendant admits that no writing or other communication disputing, protesting or objecting to any of the charges or credits appearing in the monthly billing statements was sent by Defendant to Plaintiff. Response: Denied. Plaintiff has received a copy of Defend=V s billing error dispute letter The letter was sent certified mail and was received within the 60 days. c. Defendant admits that with respect to each monthly billing statements, a written billing error notice was not sent to Plaintiff. Response: Denied. Plaintiff has received a copy of Defendant's billing error dispute letter The letter was sent certified mail and was received within the 60 days. Page 2 of 4 Request No. 2: Defendant admits that after receipt of the monthly statements marked exhibits 1-7, Defendant made a payment which was reflected as a credit in the following month's statement. Response: Denied. Plaintiff has not provided additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits to Defendant's account. Request No. 3. Defendant admits that after receipt of the monthly billing statements marked exhibits 8-14, Defendant did not send a payment to Plaintiff. Response: Denied. Plaintiff has not provided additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits to Defendant's account. Request No. 5. Defendant admits that the last payment made on the account was posted by the Plaintiff on January 26, 2004 and is reflected in the exhibit 8 monthly billing statement. Page 3 of 4 Response: Denied. Plaintiff has not provided additional documentary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all credits to Defendant's account. Request No. 6. Defendant admits that the balance owed on the account is $13,797.39. Response: Denied. Plaintiff has not provided additional documemary evidence, not monthly billing statements, such as copies of documents, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all debits and credits that the Plaintiff claims Defendant owes. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 19 Pa. C.S. Section 4904. Dated this 25"' day of April 2005. RespectUly submitted and signed by Russell E. Clouser, Page 4 of 4 Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., Plaintiff, VS. RUSSELL E. CLOUSER, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 CIVIL - LAW Defendant. CERTIFICATE OF SERVICE I certify that a copy of the foregoing Plaintiff's Request for Interrogatories, Request for Production of Documents was sent on the 250i day of April, 2005, by mailing a copy of the same via Certified mail number 7004-0550-0000-2718-5280 to the following person: Burton Neil 1060 Andrew Drive, Suite 170 West Chester, PA 19380 By: Lisa M. Clouser 1 I Countryside Court Camp Hill, PA 17011-1518 ° xG Certificate of Service - Page I of 1 C-011K Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., : IN THE COURT OF COMMON PLEAS Plaintiff, VS. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 RUSSELL E. CLOUSER, : CIVIL -LAW Defendant. DEFENDANT'S AMENDED RESPONSES TO REQUEST FOR ADMISSION3 Propounding Party: Citibank (South Dakota) N.A. Responding Party: Russell E. Clouser COMES NOW, Russell E. Clouser, Defendant, and hereby responds to Citibank (South Dakota) N.A., Plaintiffs Request for Admissions, as follows: Request No. 1. With reference to the monthly billing statements for Defendant's credit card account with Plaintiff copies of which are attached hereto as requests for admissions exhibits 1 through 14: a. Defendant admits that the detail set forth m each monthly billing statement accurately reflected for the monthly billing period Defendant's use of the account and accurately reflected all charges and credits to the account. Page 1 of 5 Response : Denied. Defendant cannot say for absolute certain that these statements submitted by the Plaintiff are accurate and correct. Further, that the statements here do not show all charges made by Defendant can not be certain that those specific charges are in fact Defendant's and these statements do not show all payments made on the account either. Plaintiff has failed or refused to prove up Plaintiffs case using authenticated evidence introduced by a competent fact witness; therefore Plaintiff has not established Defendant as liable for the purported debt. b. Within 60 days after Defendant's receipt of each monthly billing statements Defendant admits that no writing or other communication disputing, protesting or objecting to any of the charges or credits appearing in the monthly billing statements was sent by Defendant to Plaintiff. Response: Defendant has made a reasonable inquiry and that the information known or readily obtainable by the Defendant is insufficient to enable him to admit or deny, and so the request is denied on that basis. c. Defendant admits that with respect to each monthly billing statements, a written billing error notice was not sent to Plaintiff. Page 2 of 5 Response: Defendant has made a reasonable inquiry and that the information known or readily obtainable by the Defendant is insufficient to enable him to admit or deny, and so the request is denied on that basis. Request No. Z : Defendant admits that after receipt of the monthly statements marked exhibits 1-7, Defendant made a payment which was reflected as a credit in the following month's statement. Response: Defendant rescinds Defendant's prior response and states to the best of Defendant's knowledge and belief Defendant admits making a payment. Defendant disputes the amount owing. 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. Request No. 3. Defendant admits that after receipt of the monthly billing statements marked exhibits & 14, Defendant did not send a payment to Plaintiff. Response: Defendant has made a reasonable inquiry and that the information known or readily obtainable by the Defendant is insufficient to enable him to admit or deny, and so the request is denied on that basis. To the best of Defendant's knowledge Page 3 of 5 and belief Plaintiffs records are in error, which is the basis for Defendant's request to examine Plaintiffs books and records of original entry pertaining to Defendant . Plaintiff has failed or refused to prove up Plaintiffs case using authenticated evidence introduced by a competent fact witness; therefore Plaintiff has not established Defendant as liable for the purported debt. Request No. 4. Defendant admits that the last payment made on the account was posted by the Plaintiff on January 26, 2004 and is reflected in the exhibit 9 monthly billing statement. Response: Defendant has made a reasonable inquiry and that the information known or readily obtainable by the Defendant is insufficient to enable him to admit or deny, and so the request is denied on that basis. Defendant admits making a payment. 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. Request No. 5_ Defendant admits that the balance owed on the account is $13,797.39. Response: Defendant rescinds Defendant's prior response and states to the best of Defendant's knowledge and belief Plaintiff records are in error, which is the basis for Page 4 of 3 Defendant's request to examine Plaintiffs books and records of original entry pertaining to Defendant. Plaintiff has failed or refused to prove up Plaintiffs case using authenticated evidence introduced by a competent fact witness; therefore Plaintiff has not established Defendant as liable for the purported debt. VERIFIC?'ION I, verify that the foregoing statements are true and correct subject to penalties pursuant to I& Pa. C.S. Section 4904. Dated this 26'" day of July 2005. Respectfully submitted and signed by Russell . Clouser, Page 5 of 5 Russell E. Clouser c/o I 1 Countryside Court Camp Hill, PA 17011-1518 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., Plaintiff, VS. RUSSELL E. CLOUSER, Defendant. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-25 CIVIL - LAW CERTIFICATE OF SERVICE I am over 18 years of age and I am not a party to this action. I reside at 1 I Countryside Court, Camp Hill, PA 17011. On the 26°i day of July, 2005, I mailed a copy of Defendant's Amended Responses to Request for Admissions via Certified Mail Number 7004-0550-0000- 2718-5433 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 AndrewDrive Suite 170 West Chester, PA 14380 By' 02z X d afty Lisa M. Clouser 1 I Countryside Court Camp Hill, PA 17011-1518 Certificate of Service by Mail Page t of 1 MA(o y CITIBANK (SOUTH DAKOTA) N.A. . Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-25 Civil RUSSELL E. CLOUSER Defendant CIVIL ACTION - LAW ORDER AND NOW, this 7 & day of 2006, upon consideration of the Motion of plaintiff Citibank (South Dakota) N to determine the sufficiency of the amended answer of defendant Russell E. Clouser to plaintiff's Requests for Admission pursuant to Pa. R.C.P. 4014(c), the Court finds that the amended answers of defendant Russell E. Clouser are not sufficient responses to the Requests for Admission. Accordingly, it is hereby Ordered that each of the matters contained in the Requests for Admission of plaintiff Citibank (South Dakota) N.A. is admitted. BY THE COURT: Copies to: Burton Neil, Esquire Attorney for Plaintiff Russell E Clouser Pro Se Defendant EXHIBIT- _,$..__ 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 CITIBANK (SOUTH DAKOTA) N.A. Plaintiff V. RUSSELL E. CLOUSER Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-25 CIVIL CIVIL ACTION - LAW Plaintiffs Brief in Support of Summary Judgment Motion A. History of the Case Plaintiff sued defendant to recover the past due balance owed on a credit card in the sum of $14,125.75. Defendant answered the complaint with new matter. Plaintiff replied to the new matter which closed the pleadings. Plaintiff served defendant requests for admission which defendant answered; defendant later amended his answers. Plaintiff filed a motion to determine the sufficiency of defendant's amended answers to the requests for admission. By Order dated May 4, 2006, the Court determined that defendant's amended answers were insufficient and deemed all matters in the requests for admission to be admitted. Plaintiff filed a motion for summaryjudgment because there is no genuine issue of material fact that will require a trial. The pleadings and matters admitted in the requests for admission constitute the record for purposes of this motion. Plaintiffs motion is before the Court for disposition. B. Issue Whether there exists a genuine issue of material fact which will require a trial? C. Argument Any potential genuine issue of material fact raised in defendant's pleading, most notably the fact-less allegation that he paid in full, was with the matters admitted in plaintiffs requests for admission. The failure to answer request for admissions was the basis for summary judgment in whole or in part in the following cases: Borough of Mifflinburg v. Heim, et al., 1997 Pa. Super. LEXIS 4020, 705 A.2d 456,466 (1997); Byrnes. Inc. v. Buss Automation. Inc., 415 Pa. Super. 549, 609 A.2d 1360(1992); Innovate Incorporated v. United Parcel Service. Inc., 275 Pa. Super, 276,418 A.2d 720, 723 (1980); Bamebei v. Hauf, et al. 116 Dauph. 215 (1996); Carter v. Harrisburg Motel Enterprises. Inc., 113 Dauph. 479 (1993). Per Court Order, defendant admitted there was no legitimate dispute as to the account balance. Defendant admitted he made payments after receiving statements 1-7 attached to the requests, but failed to make payments after receiving statements 8-14. Defendant admitted he last made a payment on January 26, 2004, and admitted to owing plaintiff a balance of $14,125.75. While the admissions in the requests for admissions alone are sufficient to support summary judgment in plaintiffs favor, attention should also be given to lack of facts in defendant's answer. There are no facts anywhere in defendant's pleading which serve as an obstacle to plaintiffs motion. While defendant repeatedly alleged the account was paid in full in his answer and new matter, defendant failed to plead one fact in support of this defense.' The degree of specificity with which the defense of payment must be pleaded is authoritatively set forth at 5 Standard Pennsylvania Practice 2d, Section 27:46: The facts and circumstances relied on to constitute payment must be averred clearly and distinctly, with sufficient detail to enable the court to judge of their sufficiency. The answer should set out to whom the payments were made, when they were made, the manner in which they were made, and the exact amounts of the different payments. Clearly defendant did not do this, either in the pleadings or in response to the requests for admission. None of defendant's other responses in the answer alleged any facts. While defendant claimed, in response to paragraphs 5 through 8, that he objected to the statements and that plaintiff failed to credit the account properly, these responses failed under Pa. R.C.P. 1029(b) for lack of specificity. "Although no fixed rule can be stated for determining whether a denial is specific, generally for a denial to be specific, it must deny what is averred and then must affirmatively aver what did occur in place of the facts as averred." 5 Standard Pennsylvania Practice 2d Section 26:40 and the cases cited therein. See also Acme Cotton Products Co. v. Michael McDonough, Inc., 61 Pa. D. & C.2d 608 (1972), affirmed, per curiam, 225 Pa. Super. 701, 306 A.2d 351 (1973) (holding that defendant's failure to articulate facts in support of his denials were admissions). 'See Pa R.C.P. 1019(a) Defendant averred nothing as to the nature of the alleged dispute and what credits were missing from his account. As such, these responses are admissions. Finally, there were no facts asserted in the new matter as to the laws plaintiff allegedly violated, the manner in which plaintiff allegedly breached the contract, the contract which was allegedly breached and why plaintiff's alleged actions somehow relieved defendant from his obligation to pay plaintiff the balance of $14,125.75 owed on the credit card account. Defendant's judicial admissions in the pleadings and matters admitted in the requests for admission reveal there is no genuine issue of material fact that needs to be tried. An examination of the record in a light most favorable to defendant supports this conclusion. Failure to respond to requests for admission is sufficient basis for the grant of summary judgment' and this should be no less a conclusion where matters are deemed admitted by virtue of court order. D. Conclusion Defendant's judicial admissions' factually established the existence of an account stated' so the granting of summary judgment is proper. Accordingly, summary judgment should be entered under Pa. R.C.P. 1035.2 for plaintiff and against defendant in the amount set forth in the complaint plus the costs of this action. ASSOCIATES, P.C. Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. 'The failure to answer request for admissions was the basis for summary judgment in whole or in part in the following cases: Borough of Mifflinburg v. Heim, et al., 1997 Pa. Super. LEXIS 4020; 705 A.2d 456,466 (1997); Byrnes Inc v. Buss Automation, Inc., 415 Pa. Super. 549, 609 A.2d 1360 (1992);. Innovate Incorporated Y. United Parcel Service Inc., 275 Pa. Super, 276, 418 A.2d 720, 723 (1980); Bamebei v. Hauf et al. 116 Dauph. 215 (1996); Carter v Harrisburg Motel Enterprises. Inc., 113 Dauph. 479 (1993). 3In Jewelcor Jewelers & Distributors v. Corr, 373 Pa. Super 536, 542 A.2d 72 (1988), the Superior Court addressed the effect of a judicial admission, as follows: A judicial admission is an express waiver made in court or preparatory to trial by a party or his attorney, conceding for the purposes of the trial, the truth of the admission. It has the effect of a confessory pleading, in that the fact is thereafter to be taken for granted, so that the opposing party need offer no evidence to prove it and the party by whom the statement was made is not allowed to disprove it. See 9 Wigmore, Evidence Section 2588 (Chadbourne Rev. 1981). It is axiomatic that a judicial admission cannot be contradicted by the party that made it. See Tons Apparel Mfg Co v. Rothman, 430 Pa. 583, 244 A.2d 436 (1968). 'Under Pennsylvania law, "...the essence of a common law action for an account stated is an agreement, either express or implied, based upon prior transactions, between two parties as to the correctness of an amount due.." Connolly Epstein Chicco Foxman Engelmver & Ewing v. Fanslow, 1995 WL 686045 at *5 (E.D.Pa.1995) (applying Pennsylvania law). 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 CITIBANK (SOUTH DAKOTA) N.A. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-25 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 Plaintiff's Motion for Summary Judgment, Brief in Support, proposed Order, and Request of Moving Party for Submission on Briefs Only on pro se defendant, Russell E Clouser, at his address of record via first class mail, postage prepaid on the date set forth below. BURTON"NEIL & SSOCIATES, P.C. Date: Q BY. Burton Neil, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-4088 0 N 6 CTA ? VAJ l ? - r W CITIBANK (South Dakota) N.A., Plaintiff v RUSSELL E. CLOUSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . 05-25 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 22nd day of August, 2006, upon consideration of the call of the civil trial list, and the case not having been called formally for trial, it is stricken from the civil trial list. By the Court, Iurton Neil & Associates, P.C. 1060 Andrew Drive #170 West Chester, PA 19380-4291 For Plaintiff /Ussell E. Clouser, Pro Se 11 Country Side Court Camp Hill, PA 17011-1518 Court Administrator :mae Ooh Y 90 .£ wd Z2 gnb 9002 ,tMONOHiaud 3Hi do K1- a did Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA)N.A., IN THE COURT OF COMMON PLEAS Plaintiff, VS. RUSSELL E. CLOUSER, Defendant. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 CIVIL - LAW DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND MOTION TO WITHDRAWAL AND AMEND ANSWERS TO PLAINTIFF'S REQUEST FOR ADMISSIONS COMES NOW, Russell E. Clouser, Defendant, and hereby opposes Plaintiffs Motion for Summary Judgment and move this to court to Withdraw and Amend Answers to Plaintiffs Request for Admissions. The Opposition is made on the grounds that Plaintiff has not met the burden of proof on Summary Judgment and is not entitled to a Judgment as a matter of law. This opposition is based on the attached Brief in Support of Opposition to Summary Judgment and Motion to Withdrawal and Amend Answers to Plaintiff's Request for Admissions, Affidavit of Russell E. Clouser, and all documents submitted in Support of Motion for Summary Judgment. Dated: September 5, 2006. Respectfully submitted and signed by Russell E. Clouser, P ;q- 11 ountryside Court Camp Hill, PA 17011 Defendant, in propria persona. Opposition to Plaintiffs Motion for Summary Judgment Page 1 of 1 t ? Russell E. Clouser c/o 11 Countryside Court Camp Hill, PA 17011 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., Plaintiff, VS. RUSSELL E. CLOUSER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 CIVIL - LAW Defendant. CERTIFICATE OF SERVICE I am over 18 years of age and I am not a party to this action. I reside at 11 Countryside Court, Camp Hill, Pa 17011. On the 5`" day of September, 2006, I mailed a copy of Brief in Support of Opposition to Summary Judgment and Motion to Withdrawal and Amend Answers to Plaintiff's Request for Admissions, Defendant's Affidavit, Defendant's Opposition to Plaintiffs Motion for Summary Judgment and Motions to Withdrawal and Amend Answers to Plaintiff's Request for Admissions and Order via Certified Mail Number 7006-0110-0003-4883-5342 to the following person: Burton Neil & Associates, P.C. 1060 Andrew Drive Suite 170 West Chester, PA 19380 Certificate Of Service By: 4" x Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011 Page 1 of 1 C3 a p C. p©„ 'i7 z!? (n r,y%;`, rn f'n? (> tl ? T f ?? '.,.7 ? `_ c ? rn ,_ - ? ? ? . n ? PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CITIBANK (SOUTH DAKOTA) N.A. V. RUSSELL E. CLOUSER Plaintiff : Defendant No. 05-25 Civil Civil Action-Law 2005 1. Matter to be argued: Plaintiff's Motion for Summary Judgment and Brief in Support 2. Identify counsel who will argue case: (a) for plaintiff. Burton Neil, Esquire, ID No. 11348 BURTON NEIL & ASSOCIATES, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 (b) for defendant pro se: Russell E. Clouser, pro se 11 Country Side Court Camp Hill, PA 17011-1518 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 25. 2006 ' J F! a.-1qurton i , Esquire Attorney fdr Plaintiff 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 CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-25 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 Plaintiff s Praecipe for Listing Case for Argument on pro se defendant, Russell E Clouser, at his address of record via first class mail, postage prepaid on the date set forth below. BURTON NEIL & ASSOCIATES, P.C. Date: Burton Neil, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-4088 +--.? r? . _?? ? `' ' ? i1 <: w? .--1 - --r- -r 1,--, ? it f.? .._._1 f . ???. t. r-; -.:? `i -'" .-., ?'? 4 CITIBANK (SOUTH DAKOTA) N.A., PLAINTIFF V. RUSSELL E. CLOUSER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-0025 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT ORDER OF COURT AND NOW, this day of November, 2006, judgment is entered in favor of plaintiff, Citibank (South Dakota) N.A., and against Russell E. Clouser, for $13,797.39 plus legal interest from January 26, 2004. Burton Neil, Esquire 1060 Andrew Drive, Suite 170 West Chester, PA 19380 For Plaintiff Russell E. Clouser, Pro se 11 Countryside Court Camp Hill, PA 17011 By Edgar B. sal EwF ?! ?- •- • ! . j 1 .E . j cz, C'ti ?j CITIBANK (SOUTH DAKOTA) N.A., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL E. CLOUSER, DEFENDANT 05-0025 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT OPINION AND ORDER OF COURT Bayley, J., November 16, 2006:-- Plaintiff, Citibank (South Dakota) N.A., filed a complaint against defendant, Russell E. Clouser, seeking judgment for money it alleged is owed on a credit card account. Plaintiff filed a request for admissions. On May 4, 2006, this court, Hess, J., entered an order finding: ... that the amended answers of defendant Russell E. Clouser are not sufficient responses to the Requests for Admission. Accordingly, it is hereby Ordered that each of the matters contained in the Requests for Admission of plaintiff Citibank (South Dakota) N.A. is admitted.' Plaintiff filed a motion for summary judgment which is ready for disposition. Based on the order of May 4, 2006, defendant has admitted the following: 1. With reference to the monthly billing statements for defendant's credit card account with plaintiff copies of which are attached hereto as requests for admissions exhibits1 through 14: a. Defendant admits that the detail set forth in each monthly billing ' Pa. Rule of Civil Procedure 4014(c) provides in part: "If the court determines that an answer does not comply with the requirements of this Rule [subsection (b)] it may order ... that the matter is admitted ...... 05-0025 CIVIL TERM statement accurately reflected for the monthly billing period defendant's use of the account and accurately reflected all charges and credits to the account. b. Within 60 days after defendant's receipt of each monthly billing statement defendant admits that no writing or other communication disputing, protesting or objecting to any of charges or credits appearing in the monthly billing statements was sent by defendant to plaintiff. c. Defendant admits that with respect to each monthly billing statement, a written billing error notice was not sent to plaintiff. 2. Defendant admits that after receipt of the monthly billing statements marked exhibits 1-7, defendant made a payment which was reflected as a credit in the following month's statement. 3. Defendant admits that after receipt of the monthly billing statements marked exhibits 8-14, defendant did not send a payment to plaintiff. 4. Defendant admits that the last payment made on the account was posted by plaintiff on January 26, 2004 and is reflected in the exhibit 8 monthly billing statement. 5. Defendant admits that balance owed on the account is $13,797.39. Summary judgment is proper based on admissions where no genuine issues of material fact remain. See Richard T. Byrnes Co., Inc. v. Buss Automation, Inc., 415 Pa. Super. 549 (1992). Based on the admissions of defendant, plaintiff is entitled to summary judgment for $13,797.39. ORDER OF COURT AND NOW, this 110 day of November, 2006, judgment is entered in favor of plaintiff, Citibank (South Dakota) N.A., and against Russell E. Clouser, for $13,797.39 plus legal interest from January 26, 2004. By the Curt, Edgar B. Bayley, J. -2- 05-0025 CIVIL TERM Burton Neil, Esquire 1060 Andrew Drive, Suite 170 West Chester, PA 19380 For Plaintiff Russell E. Clouser, Pro se 11 Countryside Court Camp Hill, PA 17011 :sal -3- 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 CITIBANK (SOUTH DAKOTA) N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL E CLOUSER : NO. 05-25 Civil Defendant : CIVIL ACTION - LAW Praecipe for Entry of Judgment on Court Order To the Prothonotary: Enter judgment on behalf of the plaintiff, CITIBANK (SOUTH DAKOTA) N.A., and against the defendant, RUSSELL E CLOUSER, as per the Court's Order dated November 16, 2006 and assess damages in the sum of $13,797.39. Burton Neil &/Associates, P.C. By And now, this day of LDF_r-_, is entered on behalf of the plaintiff, CITIBANK (SOUTH DAKOTA) N.A. and against the defendant, RUSSELL E CLOUSER, in the sum of $13,797.39. Prothonotary of Cumberland County eil, Esquire for Plaintiff In making this communication, we advise that this office is a debt collector. CITIBANK (SOUTH DAKOTA) N.A., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL E. CLOUSER, DEFENDANT : 05-0025 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT ORDER OF COURT AND NOW, this day of November, 2006, judgment is entered in favor of plaintiff, Citibank (South Dakota) N.A., and against Russell E. Clouser, for $13,797.39 plus legal interest from January 26, 2004. By Burton Neil, Esquire 1060 Andrew Drive, Suite 170 West Chester, PA 19380 For Plaintiff Russell E. Clouser, Pro se 11 Countryside Court Camp Hill, PA 17011 :sal Edgar B. TRUE COPY FROM RECORia $ n T whereof, t hen urgo.?6t my tlarw0 -ad the a* of Said Carat of ? Pt Ili y .. won vvl vl v 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 CITIBANK (SOUTH DAKOTA) N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL E CLOUSER : NO. 05-25 Civil Defendant : CIVIL ACTION - LAW Rule of Civil Procedure No. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on Prothonotary of Cumberland County If you have any questions concerning the above, please contact: Burton Neil, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 In making this communication, we advise that this office 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 CITIBANK (SOUTH DAKOTA) N.A. : IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL E CLOUSER 11 Country Side Court NO. 05-25 Civil Camp Hill PA 17011-1518 Defendant 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 unswom 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 & Associates, P.C. Burton Neil, Esq?ire Attorney for Plaintiff In making this communication, we advise that this office is a debt collector. Q r Cn P 0 C". T, sc lr '?'.d S"r'! [7 t a r. rn -1 Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., Plaintiff, VS. RUSSELL E. CLOUSER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-25 CIVIL - LAW Defendant. NOTICE OF APPEAL Notice is hereby given that Russell E. Clouser, Defendant above named, hereby appeals to the Commonwealth Court of Pennsylvania from the order entered in this matter on the 160' day of November, 2006. This Order has been entered in the docket as evidenced by the attached copy of the docket entry. Dated: December 12, 2006. Respectfully submitted and signed by, Russell E. Clouser without prejudice. Notice of Appeal - Page 1 of 1 13481812112006 Cumberland County Prothonotary's Office Page 1 PYS510 Civil Case Print 2005-00025 CITIBANK (SOUTH DAKOTA) N A (vs) CLOUSER RUSSELL E Reference No... Filed......... 1/03/2005 Case Type...... COMPLAINT Time.......... 3:38 Judgment.;.... 13797.39 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Disposed Desc.: Jury Trial.... Disposed Date. t 1 C i 0/00/0000 ------------ Case Comments ------------- .: gher r H Higher Crt 2.: ******************************************************************************** General Index Attorney Info CITIBANK (SOUTH DAKOTA) N A PLAINTIFF NEIL BURTON 701 EAST 60TH STREET NORTH SIOUX FALLS SD CLOUSER RUSSELL E DEFENDANT 11 COUNTRY SIDE COURT CAMP HILL PA 17011 Judgment Index Amount Date Desc CLOUSER RUSSELL E 13797.39 11162006 ORDER OF COURT CLOUSER RUSSELL E 13,797.39 12/05/2006 JUDGMENT ON ORDER ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 1/03/2005 COMPLAINT ------------------------------------------------------------------- 1/07/2005 SHERIFF'S FILE RETURNED FILED. Case Type: COMPLAINT & NOTICE Ret Type.: Regular Litigant.: CLOUSER RUSSELL E Address..: 11 COUNTRY SIDE COURT Ctyy/St/Z • CAMP HILL, PA 17011 Hna To: LISA CLOUSER, WIFE Shf/D ty.: HAROLD WEARY Date/Time: 01/06/2005 1833:00 Costs....: $38.36 Pd By: BURTON NEIL 01/07/2005 ------------------------------------------------------------------- 1/26/2005 ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL - BY RUSSELL E CLOUSER FOR DEFT ------------------------------------------------------------------- 1/26/2005 CERTIFICATE OF SERVICE OF THE ANSWER TO COMPLAINT ------------------------------------------------------------------- 1/26/2005 CERTIFICATE OF SERVICE OF THE INTERROGATORIES REQUEST FOR ADMISSOPMS AMD REQUEST FOR PRODUCTION OF DOCUMENTS ------------------------------------------------------------------- 2/02/2005 CERTIFICATION OF PFA FOR COSTS - $121.10----- ------------------------------------------------------------------- 2/11/2005 PLAINTIFF'S REPLY TO DEFT'S NEW MATTER - BY BURTON NEIL ESQ FOR PLFF ------------------------------------------------------------------- 3/29/2005 CERTIFICATE OF SERVICE FOR INTERROGATORIES SET 2 REQUEST FOR ADMISSIONS SET 2 AND REQUEST FOR PRODUCTION OF DOCUMENTS - BY LISA M CLOUSER ------------------------------------------------------------------- 4/25/2005 RESPONSE TO INTERROGATORIES - BY RUSSELL E CLOUSER ------------------------------------------------------------------- 4/25/2005 RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS - BY RUSSELL E CLOUSER ------------------------------------------------------------------- 4/25/2005 RESPONSE TO REQEUST FOR ADMISSIONS - BY RUSSELL E CLOUSER ------------------------------------------------------------------- 4/25/2005 CERTIFICATE OF SERVICE FOR PLFF'S REQUEST FOR INTERROGATORIES REQUEST FOR PRODUCTION OF DOCUMENTS - BY LISA M CLOUSER ------------------------------------------------------------------- 7/11/2005 NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO DEFT'S DISCOVERY AFFIDAIT OF RUSSELL E CLOUSER BRIEF IN SUPPORT OF MOTION TO COMPEL SEPARATE STATEMENT IN SUPPORT OF MOTION REQUEST FOR SANCTIONS - BY RUSSELL E CLOUSER ------------------------------------------------------------------- 13481812112006 Cumberland County Prothonotary's Office Page PYS510 Civil Case Print 2005-00025 CITIBANK (SOUTH DAKOTA) N A (vs) CLOUSER RUSSELL E Reference No... Filed......... 1/03/2005 Case Type...... COMPLAINT Time.......... 3:38 Judgment.;.... 13797.39 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: 7/11/2005 DEFENDANT'S AFFIDAVIT IN SUPPORT OF THE MOTION TO COMPEL FURTHER RESPONSES FROM PLFF - BY RUSSELL E CLOUSER ------------------------------------------------------------------- 7/11/2005 SEPARATE STATEMENT IN SUPPORT OF DEFT'S MOTION TO COMPEL ANSWER TO DISCOVERY - BY RUSSELL E CLOUSER ------------------------------------------------------------------- 7/11/2005 CERTIFICATE OF SERVICE FOR DEFTS NOTICE OF MOTION TO COMPEL BRIEF AFFIDAVIT SEPARTE STATEMENT AND ORDER - BY LISA M CLOUSER ------------------------------------------------------------------- 7/26/2005 DEFENDANT'S AMENDED RESPONSES TO REQUEST FOR ADMISSIONS - BY RUSSELL E CLOUSER ------------------------------------------------------------------- 7/26/2005 CERTIFICATE OF SERVICE FOR DEFT'S AMENDED RESPONSES TO RESPONSES FOR ADMISSIONS - BY LISA M CLOUSER ------------------------------------------------------------------- 8/01/2005 PLAINTIFF'S ANSWER TO DEFT'S MOTION TO COMPEL - BY BURTON NEIL ESQ FOR PLFF --------------/-- /---------------------------------------------------'S MOT 8/O1/2005 ORDEWITHINR TO COMPEL DISFSET FORION TO PMGUMETN ON CR 4 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT KEVIN A HESS J COPIES MAILED ------------------------------------------------------------------- 9/09/2005 ORDER OF COURT - DATED 9/805 - THE MOTION OF THE DEFT TO COMPEL DISCOVERY IS DENIED - BY THE COURT KEVIN A HESS J COPIES MAILED ------------------------------------------------------------------- 10/24/2005 CERTIFICATE OF SERVICE FOR REQUEST FOR PRODUCTION OF DOCUMENTS SET 2 - BY LISA M CLOUSER ------------------------------------------------------------------- 11/16/2005 TRANSCRIPT FILED - BY THE COURT KEVIN A HESS J COPIES MAILED ------------------------------------------------------------------- 5/01/2006 PLAINTIFF'S MOTION PURSUANT TO PA RCP 4014 C TO DETERMINE SUFFICIENCY OF DEFENDANT'S AMENDED ANSWERS TO REQUESTS FOR ADMISSION - BY BURTON NEIL ATTY ------------------------------------------------------------------- 5/04/2006 ORDER - DATED 05-04-06 - IN RE: COURT FINDS THAT THE AMENDED ANSWERS OF DEFT RULLELL E CLOUSER ARE NOT SUFFICIENT RESPONSES TO THE REQUESTS FOR ADMISSION-ACCORDINGLY IT IS HEREBY ORDERED THAT EACH OF THE MATTERS CONTAINED IN THE REQUESTS FOR ADMISSION OF PLFF CITIBANK NA IS ADMITTED - BY KEVIN A HESS J - COPIED AND MAILED 05-04-06 ------------------------------------------------------------------- 7/24/2006 PRAECIPE FOR LISTING CASE FOR TRIAL - FOR JURY TRIAL - BY RUSSELL E CLOUSER-PRO SE ------------------------------------------------------------------- 8/03/2006 PETITION'S MOTION FOR SUMMARY JUDGMENT - BY BURTON NEIL ATTY FOR PLFF ------------------------------------------------------------------- 8/22/2006 ORDER OF COURT - 08-22-06 - IN RE: CASE STRICKEN FROM LIST - BY J WESLEY OLER JR J - COPIES MAILED 08-23-06 ------------------------------------------------------------------- 9/05/2006 DEFTS'S OPPOSITION TO PLFF'S MOTION FOR SUMMARY JUDGMENT AND MOTION TO WITHDRAWAL AND AMEND ANSWERS TO PLFF'S REQUEST FOR ADMISSIONS - BY DEFT ------------------------------------------------------------------- 9/07/2006 PRAECIPE FOR LISTING CASE FOR ARGUMENT - PLFF'S MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT - BY BURTON NEIL ATTY FOR PLFF ------------------------------------------------------------------- 11/16/2006 ORDER OF COURT - DATED NOVEMBER 16, 2006 - IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT - JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST RUSSELL E CLOUSER FOR $13,797.39 PLUS LEGAL INTEREST FROM JANUARY 26, 2004 BY THE COURT EDGAR B BAYLEY J COPIES MAILED ------------------------------------------------------------------- 12/05/2006 PRATHEPAMOUNTENTR$1O79JUDGMENT ON THE ORDER AND JUDGMENT ENTERED 2 13481812112006 Cumberland County Prothonotary's Office PYS510 Civil Case Print 2005-00025 CITIBANK (SOUTH DAKOTA) N A (vs) CLOUSER RUSSELL E Reference No..: Case Type.....: COMPLAINT Page 3 Filed......... 1/03/2005 Time.......... 3:38 Judgment...... 13797.39 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: -------------------------------------------------------------------- 12/05/2006 NOTICE MAILED TO DEFENDANT ------------------------------------------------------------------- 12/05/2006 CERTIFICATION OF ADDRESS AND AFFIDAVOT OF NON-MILITARY - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Bw*Bal***Pymts/Adj End Bal *********************************** ****** ******************************* COMPLAINT 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 JDMT 9.00 - - - 9.00 .00 - - ---------- 64.50 --------- --- 64.50 --------- .00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE W` W, d Ordc `. ?_=W d` 4 the S21', C-xt at CadMe, Pa_ "IftwWolow CERTIFICATE OF SERVICE I, the undersigned, certify that I am over 18 years of age and I on the 12"' day of December 2006, I mailed a copy of a Notice of Appeal via Certified Mail Number 7006- 0100-0003-4883-5397: The documents were mailed to: Burton Neil & Associates, P.C. 1060 Andrew Drive Suite 170 West Chester, PA 19380 I declare under penalty of perjury under the laws of the State of PA that the above is true and correct. Signed by Lisa M. Clouser Certificate of Service - Page 1 of 1 c;? ? .-? -- C :? -n ??z ?? __ ._... ?.? ,? }, ' r `?? - :r Jy f`l _ ? ?_ < `1 ? e Russell E. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Defendant, in propria persona. CITIBANK (SOUTH DAKOTA) N.A., : IN THE COURT OF COMMON PLEAS Plaintiff, VS. RUSSELL E. CLOUSER, Defendant. : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-25 : CIVIL - LAW STATEMENT OF THE MATTERS Russell E. Clouser, Defendant, hereby respectfully submits the following Statements of the Matters to the Appellate Court. This Statement follows the PA Local Rules of Cumberland County Court, Rule 1925, as the following: 1. The trial court assumed facts not in evidence and rendered a judgment therefrom. 2. The trial court ignored Plaintiffs failure to establish standing. 3. The trial court ignored Plaintiff's violation of the Fair Credit Billing Act. 4. The trial court ignored the unrebutted testimony of Defendant. 5. The trial court admitted into evidence statements of counsel as "facts" before the court. 6. The trial court ignored P.R.E. Rule 602, requiring a competent fact witness to have personal knowledge, P.R.E., Rule 605, prohibiting judges from testifying, P.R.E., Rule 901, requiring evidence proffered for admission on the record to be authenticated and Rule 1002, requiring best evidence. Statement of the Matters - Page I of I IV, 1, 7. The trial court invaded the province of the jury through summary forensics; not allowing matters of fact to be decided by the trier of fact. 8. Appellant reserves the right to supplement the Statement of the Matters. Dated: December 12, 2006. Respectfully submitted and signed by, Russell E. Clouser without prejudice. Statement of the Matters - Page 2 of 2 CERTIFICATE OF SERVICE I, the undersigned, certify that I am over 18 years of age and I on the 12`h day of December 2006, I mailed a copy of a Statement of the Matters via Certified Mail Number 7006-0100-0003-4883-5397: The documents were mailed to: Burton Neil & Associates, P.C. 1060 Andrew Drive Suite 170 West Chester, PA 19380 I declare under penalty of perjury under the laws of the State of PA that the above is true and correct. Signed 13y 'Lisa M. Clouser Certificate of Service - Page 1 of 1 w- r-3 I T -r t a ( i t / .. cur ? 1n \? y t - 0 r? u CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: CITIBANK (SOUTH DAKOTA) N.A VS RUSSELL E. CLOUSER NO. 05-25 CIVIL TERM 2282 CD 2006. The documents comprising the record have been numbered from No.1 to 185, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledting receipt of this record. Date Signature & Title 0 Commonwealth of Pennsylvania County of Cumberland ss: is CURTIS R. LONG , Prothonotary In TESTIMONY WHEREOF, I have hereunto this of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein CITIBANK (SOUTH DAKOTA) N.A. Plaintiff, and RUSSELL E. CLOUSER Defendant , as the same remains of record before the said Co rt at No. 0 5 - 2 5 of CIVIL Term, A. D. 19 . set y hand an d the seal of said Court d ob/ of JAN RY A. D., 192007. Prot EDGAR B. BAYLEY President Judge of the NINTH U Judicial District, composed of the County of Cumberland, do certify that CURTIS R. LONG , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of CUMBERLAND in the Commonwealth of Pennsylvania, duly commissioned and t ied t all of whose acts as such full faith and credit are and ought to be given as well in Courts of j tcature as a hrent t record, certificate and attestation are in due form of law and m e by t e oper Commonwealth of Pennsylvania County of Cumberland ss: President Judge 1 CURTIS R. LONG , Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable EDGAR B. BAYLEY by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set hand and of xe eal of said Court this day q AN RY A. D. 19_2o!aQ: Prothonotary a s 0 w cn 0 a w 0 a C m 75 0 0 y o- ? X c? b v o C z ? v ? 0 C z 0 • 0 Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of CUMBERLAND in the Commonwealth of Pennsylvania 2282 CD 2006 to No. 05-25 CIVIL Term, 19 is contained the following: COPY OF COMPLETE DOCKET ENTRY CITIBANK (SOUTH DAKOTA) N.A. Vs. RUSSELL E. CLOUSER SEE ATTACHED CERTIFIED DOCKET ENTRIES. 14242001102007 • Cumberland County Prothon y's PYS510 Civil Case Print 2005-00025 CITIBANK (SOUTH DAKOTA) N A (vs) CLOUSER Reference No... Case Type.....: COMPLAINT Judgment...... 13797.39 Judge Assigned: BAYLEY EDGAR B Disposed Desc.: ------------ Case Comments ------------- Office RUSSELL E Filed........ Time......... Execution Date Jury Trial.... Disposed Date. Higher Crt 1.: Higher Crt 2.: Page 1/03/2005 3:38 0/00/0000 0/00/0000 2282 CD 2006 ******************************************************************************** General Index Attorney Info PAGE NO. 1 - 5 6 7 - 9 10 11 12 - '13 14 15-47 48 - 60 61-64 65 66 - 79 80 - 83 CITIBANK (SOUTH DAKOTA) N A 701 EAST 60TH STREET NORTH SIOUX FALLS SD CLOUSER RUSSELL E 11 COUNTRY SIDE COURT CAMP HILL PA 17011 Judgment Index CLOUSER RUSSELL E CLOUSER RUSSELL E PLAINTIFF NEIL BURTON DEFENDANT Amount Date Desc 13,797.39 12/05/2006 JUDGMENT ONCOURTORDER ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - FIRST ENTRY - - - 1/03/2005 COMPLAINT - - - - ------------------------------------------------------------------- 1/07/2005 SHERIFF'S FILE RETURNED FILED. Case Type: COMPLAINT & NOTICE Ret Type.: Regular Litigant.: CLOUSER RUSSELL E Address..: 11 COUNTRY SIDE COURT Cty/St/Z • CAMP HILL, PA 17011 Hnd To: LISA CLOUSER, WIFE Shf/D ty.: HAROLD WEARY Date/ Time: 01/06/2005 1833:00 Costs_____-$38.36 Pd By: BURTON NEIL 01/07/2005 ----------------------------------------- 1/26/2005 ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL - BY RUSSELL E CLOUSER FOR DEFT --------------------------------- ---------------------------------- 1 26/2005 CERTIFICATE OF SERVICE OF THE ANSWER TO COMPLAINT --------------------------------------------- ---------------------- 1 26/2005 CERTIFICATE OF SERVICE OF THE INTERROGATORIES REQUEST FOR ADMISSOPMS AMD REQUEST FOR PRODUCTION OF DOCUMENTS -------------------------------- ----------------------------------- 2 11/2005 PLAINTIFF'S REPLY TO DEFT'S NEW MATTER - BY BURTON NEIL ESQ FOR PLFF --------------------------------------------- 3/29/2005 CERTIFICATE OF SERVICE FOR INTERROGATORIES SET 2 REQUEST FOR ADMISSIONS SET 2 AND REQUEST FOR PRODUCTION OF DOCUMENTS - BY LISA M CLOUSER -------------------------- ----------------------------------------- 4/25/2005 RESPONSE TO INTERROGATORIES - BY RUSSELL E CLOUSER ---------------------------------------- --------------------------- 4 25/2005 RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS - BY RUSSELL E CLOUSER ---------------------------------- --------------------------------- 4 25/2005 RESPONSE TO REQEUST FOR ADMISSIONS - BY RUSSELL E CLOUSER ---------------------------------------- --------------------------- 4 25/2005 CERTIFICATE OF SERVICE FOR PLFF'S REQUEST FOR INTERROGATORIES REQUEST FOR PRODUCTION OF DOCUMENTS - BY LISA M CLOUSER ------------------------------------------------- 7/11/2005 NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO DEFT'S DISCOVERY AFFIDAIT OF RUSSELL E CLOUSER BRIEF IN SUPPORT OF MOTION TO COMPEL SEPARATE STATEMENT IN SUPPORT OF MOTION REQUEST FOR SANCTIONS - BY RUSSELL E CLOUSER ---------------------------------- __ ----------------------------- 7 11/2005 DEFENDANT'S AFFIDAVIT IN SUPPORT OF THE MOTION TO COMPEL FURTHER RESPONSES FROM PLFF - BY RUSSELL E CLOUSER PAGE NO. MISSING 85 86 - 90 91 92-94 95 96 97 - 101 102 - 108 110 - 143 109 144 145 - 161 162 163 - 165 14242001102007 PYS510 Cumberland County 0 Civil Case Prothonot y's Office Print Page 2 2005-00025 CITIBANK (SOUTH DAKOTA) N A (vs) CLOUSER RUSSELL E Reference No..: Filed........: 1/03/2005 Case Type.....: COMPLAINT Time.........: 3:38 Judgment...... 13797.39 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ---------- Higher Crt 1.: 2282 CD 2006 Higher Crt 2.: 7/11/2005 7/11/2005 7/26/2005 7/26/2005 8/01/2005 8/01/2005 9/09/2005 10/24/2005 11/16/2005 5/01/2006 5/04/2006 7/24/2006 8/03/2006 8/22/2006 9/05/2006 166 - 167 9/07/2006 168 - 171 11/16/2006 172 - 173 12/05/2006 174 12/05/2006 SEPARATE STATEMENT IN SUPPORT OF DEFT'S MOTION TO COMPEL ANSWER TO DISCOVERY - BY RUSSELL E CLOUSER ------------------------------------------------------------------- CERTIFICATE OF SERVICE FOR DEFTS NOTICE OF MOTION TO COMPEL BRIEF AFFIDAVIT SEPARTE STATEMENT AND ORDER - BY LISA M CLOUSER ------------------------------------------------------------------- DEFENDANT'S AMENDED RESPONSES TO REQUEST FOR ADMISSIONS - BY RUSSELL E CLOUSER ------------------------------------------------------------------- CERTIFICATE OF SERVICE FOR DEFT'S AMENDED RESPONSES TO RESPONSES FOR ADMISSIONS - BY LISA M CLOUSER ------------------------------------------------------------------- PLAINTIFF'S ANSWER TO DEFT'S MOTION TO COMPEL - BY BURTON NEIL ESQ FOR PLFF ------------------------------------------------------------------- ORDER DATED 8/1/05 - IN RE DEFT'S MOTION TO COMPEL - ARGUMETN ON THE WITHIN MOTION TO COMPEL IS SET FOR 9/8/05 AT 2;30 PM IN CR 4 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT KEVIN A HESS J COPIES MAILED ------------------------------------------------------------------- ORDER OF COURT - DATED 9/8/05 - THE MOTION OF THE DEFT TO COMPEL DISCOVERY IS DENIED - BY THE COURT KEVIN A HESS J COPIES MAILED ------------------------------------------------------------------- CERTIFICATE OF SERVICE FOR REQUEST FOR PRODUCTION OF DOCUMENTS SET 3 - BY LISA M CLOUSER ------------------------------------------------------------------- TRANSCRIPT FILED - BY THE COURT KEVIN A HESS J COPIES MAILED ------------------------------------------------------------------- PLAINTIFF'S MOTION PURSUANT TO PA RCP 4014 C TO DETERMINE SUFFICIENCY OF DEFENDANT'S AMENDED ANSWERS TO REQUESTS FOR ADMISSION - BY BURTON NEIL ATTY ------------------------------------------------------------------- ORDER - DATED 05-04-06 - IN RE: COURT FINDS THAT THE AMENDED ANSWERS OF DEFT RULLELL E CLOUSER ARE NOT SUFFICIENT RESPONSES TO THE REQUESTS FOR ADMISSION-ACCORDINGLY IT IS HEREBY ORDERED THAT EACH OF THE MATTERS CONTAINED IN THE REQUESTS FOR ADMISSION OF PLFF CITIBANK NA IS ADMITTED - BY KEVIN A HESS J - COPIED AND MAILED 05-04-06 ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR TRIAL - FOR JURY TRIAL - BY RUSSELL E CLOUSER-PRO SE ------------------------------------------------------------------- PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT - BY BURTON NEIL ATTY FOR PLFF ------------------------------------------------------------------- ORDER OF COURT - 08-22-06 - IN RE: CASE STRICKEN FROM LIST - BY J WESLEY OLER JR J - COPIES MAILED 08-23-06 ------------------------------------------------------------------- DEFTS'S OPPOSITION TO PLFF'S MOTION FOR SUMMARY JUDGMENT AND MOTION TO WITHDRAWAL AND AMEND ANSWERS TO PLFF'S REQUEST FOR ADMISSIONS - BY DEFT ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - PLFF'S MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT - BY BURTON NEIL ATTY FOR PLFF ------------------------------------------------------------------- ORDER OF COURT - DATED NOVEMBER 16, 2006 - IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT - JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST RUSSELL E CLOUSER FOR $13,797.39 PLUS LEGAL INTEREST FROM JANUARY 26, 2004 BY THE COURT EDGAR B BAYLEY J COPIES MAILED ------------------------------------------------------------------- PRAECIPE FOR ENTRY OF JUDGMENT ON THE ORDER AND JUDGMENT ENTERED IN THE AMOUNT OF $13797.39 NOTICE MAILED TO DEFENDANT 14242001102007 Cumberland County Prothono y's office PYS510 Civil Case Print 2005-00025 CITIBANK (SOUTH DAKOTA) N A (vs) CLOUSER RUSSELL E PAGE NO. Reference No... Case Type.....: COMPLAINT Page Filed........: 1/03/2005 Time.......... 3:38 Judgment...... 13797.39 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt l.: 2282 CD 2006 ----------------------------------Higher Crt 2.: CERTIFICATION OF ADDRESS AND AFFIDAVOT OF NON-MILITARY -------------------------- ---------------- --------------------------------------------------- NOTICE OF APPEAL - BY DEFT- PRO SE ------------------------ _ _ _ _ _ -------------------------- COMMONWEALTH COURT OF PA NOTICE OF APPEAL DOCKETING # 2282 CD 2006 ---------------------------- --------------------------------------- CASE TRANSFERRED TO COMMONWEALTH COURT OF PA --------------------------------------- _____ ----------------------- SERVICE OF THE LIST OF RECORD DOCUMENTS TO ALL COUNSEL/PARTIES - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - 175 12/05/2006 176 - 183 12/12/2006 184 - 185 12/15/2006 1/10/2007 1/10/2007 ******************************************************************************** * Escrow Information * Fees & Debits q COMPLAINT TAX ON CMPLT 35.00 35.00 .00 SETTLEMENT .50 5.00 .50 5.00 .00 00 AUTOMATION JCP FEE 5.00 5.00 . .00 JDMT 10.00 10.00 .00 APPEAL 9.00 30.00 --------------- 9.00 30.00 ---- .00 .00 94.50 ----- --- 94.50 --------- .00 ******************************************************************************** * End of Case Information ******************************************************************************** T tAf F T o Wheat, I "(e UFO SdMy Uft ' tPa ? sew 0 ?6 I oil t? ' iyr Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of CUMBERLAND in the Commonwealth of Pennsylvania 2282 CD 2006 to No. 05-25 Civil Term, 19 is contained the following: COPY OF COMPLETE DOCKET ENTRY CITIBANK (SOUTH DAKOTA) N.A. VS. RUSSELL E. CLOUSER upplemental Record EE ATTACHED CERTIFIED DOCKET ENTRIES Commonwealth of Pennsylvania County of Cumberland ss: 1, Curtis R. Long , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein CITIBANK (South Dakota) M.A. Plaintiff, and Russell_ E. Clnuser Defendant , as the same remains of record before the said Court at No. 0 5 - 2 5 of CIVIL Term, A.D. 19 In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 22nd day of n A. D., 19 kt ?a &0, - a ' Prothonotary I, Edgar B. Bayley President Judge of the NINTH Judicial District, composed of the County of Cumberland, do certify that C_iirtin R. Lnng , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned ad q ied to al of a acts as such full faith and credit are and ought to be given as well in Courts of Judi t e as else ere, that he said record, certificate and attestation are in due form of law and made he er offic G ?? President Judge Commonwealth of Pennsylvania County of Cumberland ss: 1, Curtis R. Long , Prothonotary bf the Court of Common Pleas in and for the said County, do certify that the Honorable Edgar B. Bayley by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this ay of nuary A. D. lac 2 0 0.7 JW4 Prothonotary 14242001102007, Cumberland County Prothor y's Office Page PYS510 Civil Case Print{, 2005-00025 CITIBANK (SOUTH DAKOTA) N A (vs) CLOUSER RUSSELL E Reference No..: Filed......... 1/03/2005 Case Type.....: COMPLAINT Time.......... 3:38 Judgment...... 13797.39 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments --------- - - - - Higher Crt 1.. 2282 CD 200 Higher Crt 2.: General Index Attorney Info CITIBANK (SOUTH DAKOTA) N A PLAINTIFF NEIL BURTON 701 EAST 60TH STREET NORTH SIOUX FALLS SD CLOUSER RUSSELL E DEFENDANT 11 COUNTRY SIDE COURT CAMP HILL PA 17011 Judgment Index Amount Date Desc CLOUSER RUSSELL E 13,797.39 11/16/2006 ORDER OF COURT CLOUSER RUSSELL E 13,797.39 12/0572006 JUDGMENT ON ORDER * Date Entries - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 1 - 5 1/03/2005 COMPLAINT ---------------------------------------------------- 6 1/07/2005 -------------- SHERIFF'S-FILE RETURNED FILED. Case Type: COMPLAINT & NOTICE Ret Type.: Regular Litigant.: CLOUSER RUSSELL E Address..: 11 COUNTRY SIDE COURT Cty/.St/Z • CAMP HILL, PA 17011 LISA CLOUSER WIFE Hnd To: WEARY Shf /D ty .: HA OLD 0106/2005 1833:00 D /Ti t me: a e Costs....: $38.36 Pd By: BURTON NEIL 01/07/2005 7 - 9 1/26/2005 ------------------------------------------------------------------- ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL - BY RUSSELL E CLOUSER FOR DEFT 10 1/26/2005 ------------------------------------------------------------------- CERTIFICATE OF SERVICE OF THE ANSWER TO COMPLAINT I1 1/26/2005 ------------------------------------------------------------------- CERTIFICATE OF SERVICE OF THE INTERROGATORIES REQUEST FOR ADMISSOPMS AMD REQIEST FOR PRODUCTION OF DOCUMENTS - - - -- - 12 -'13 2/11/2005 ---- -- - ------ --------- --------------------------------------- PLAINTIFF'S REPLY TO DEFT'S NEW MATTER - BY BURTON NEIL ESQ FOR PLFF i4 3/29/2005 ------------------------------------------------------------------- CERTIFICATE OF SERVICE FOR INTERROGATORIES SET 2 REQUEST FOR ADMISSIONS SET 2 AND REQUEST FOR PRODUCTION OF DOCUMENTS - BY LISA M CLOUSER L5 - 47 4/25/2005 ------------------------=------------------------------------------ RESPONSE TO INTERROGATORIES - BY RUSSELL E CLOUSER i?8 60 4/25/2005 ------------------------------------------------------------------- RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS - BY RUSSELL E CLOUSER 11 - 64 4/25/2005 ------------------------------------------------------------------- RESPONSE TO REQEUST FOR ADMISSIONS - BY RUSSELL E CLOUSER 5 4/25/2005 ------------------------------------------------------------------- CERTIFICATE OF SERVICE FOR PLFF'S REQUEST FOR INTERROGATORIES REQUEST FOR PRODUCTION OF DOCUMENTS - BY LISA M CLOUSER 6 - 79 7/11/2005 ------------------------------------------------------------------- NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO DEFT'S DISCOVERY AFFIDAIT OF RUSSELL E CLOUSER BRIEF IN SUPPORT OF MOTION TO COMPEL SEPARATE STATEMENT IN SUPPORT OF MOTION REQUEST FOR SANCTIONS - BY RUSSELL E CLOUSER 0 - 83 7/11/2005 -------------------------------- -------------------------------- DEFENDANT'S AFFIDAVIT IN SUPPORT OF THE MOTION TO COMPEL FURTHER RESPONSES FROM PLFF - BY RUSSELL E CLOUSER 14242001102007 Cumberland County ProthonotTi s PYS510 Civil Case Print 1/` 2005-00025 CITIBANK (SOUTH DAKOTA) N A (vs) CLOUSER PAGE NO. fIq - v 65 36 - 90 31 ?2-94 ?5 6 )7 - 101 Reference No..: Case Type.....: COMPLAINT Office Page RUSSELL E Filed......... 1/03/2005 Time.......... 3:38 2 Judgment...... 13797.39 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ----------- - - Higher Crt 1.: 2282 CD 2006 7/11/2005 7/11/2005 7/26/2005 7/26/2005 8/01/2005 8/01/2005 9/09/2005 10/24/2005 x.02 - 108 11/16/2005 110 - 143 5/01/2006 IM 5/04/2006 1[44 7/24/2006 11.45 - 161 8/03/2006 1162 8/22/2006 63 - 165 9/05/2006 66 - 167 9/07/2006 68 - 171 11/16/2006 72 - 173 12/05/2006 74 12/05/2006 Higher Crt 2.: ------------- ------------------------------------------------------ SEPARATE STATEMENT IN SUPPORT OF DEFT'S MOTION TO COMPEL ANSWER TO DISCOVERY - BY RUSSELL E CLOUSER ------------- ------------------------ ---- - CERTIFICATE OF SERVICE FOR DEFTS NOTICE OF MOTION TO COMPEL BRIEF AFFIDAVIT SEPARTE STATEMENT AND ORDER - BY LISA M CLOUSER - DEFENDANT'S AMENDED RESPONSES TO REQUEST FOR ADMISSIONS-- BY RUSSELL E CLOUSER ------------- ------------------------------ ---- - - CERTIFICATE OF ,SERVICE FOR DEFT'S AMENDED RESPONSES TO RESPONSES FOR ADMISSIONS - BY LISA M CLOUSER ------------------------------------------------------------------- PLAINTIFF'S ANSWER TO DEFT'S MOTION TO COMPEL - BY BURTON NEIL ESQ FOR-PLFF-------- -------------------------------------------------- ORDER DATED 8/1/05 - IN RE DEFT'S MOTION TO COMPEL - ARGUMETN ON THE WITHIN MOTION TO COMPEL IS SET FOR 9/8/05 AT 2.30 PM IN CR 4 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT KEVIN A HESS J COPIES MAILED - _ ORDER OF COURT - DATED 9/8105 - THE MOTION OF THE DEFT TO COMPEL DISCOVERY IS DENIED - BY THE COURT KEVIN A HESS J COPIES MAILED ---------------------------------------------------------------- -- CERTIFICATE OF SERVICE FOR REQUEST FOR PRODUCTION OF DOCUMENTS SET 3 - BY LISA M CLOUSER --------------------------------------------------------- - - - TRANSCRIPT FILED - BY THE COURT KEVIN A HESS J COPIES MAILED PLAINTIFF'SMOTION PURSUANT TO PA RCP 4014 C TO DETERMINE - - SUFFICIENCY OF DEFENDANT'S AMENDED ANSWERS TO REQUESTS FOR ADMISSION - BY BURTON NEIL ATTY ORDER - DATED 05-04-06 -IN RE: COURT FINDS THAT THE AMENDED - - ANSWERS OF DEFT RULLELL E CLOUSER ARE NOT SUFFICIENT RESPONSES TO THE REQUESTS FOR ADMISSION-ACCORDINGLY IT IS HEREBY ORDERED THAT EACH OF THE MATTERS CONTAINED IN THE REQUESTS FOR ADMISSION OF PLFF CITIBANK NA IS ADMITTED - BY KEVIN A HESS J - COPIED AND MAILED 05-04-06 ------------------------------------------- - -- ------- - - - PRAECIPE FOR LISTING CASE FOR TRIAL - FOR JURY TRIAL - BY RUSSELL E CLOUSER-PRO SE ----------------------------------------- - - - - - - PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT - BY BURTON NEIL ATTY FOR PLFF--------------------------------------------------------------- ORDER OF COURT - 08-22-06 - IN RE: CASE STRICKEN FROM LIST - BY J WESLEY OLER JR J - COPIES MAILED 08-23-06 - - - - DEFTS'SOPPOSITION TO PLFF'S MOTION FOR SUMMARY JUDGMENT AND MOTION TO WITHDRAWAL AND AMEND ANSWERS TO PLFF'S REQUEST FOR ADMISSIONS - BY DEFT - - PRAECIPE FOR LISTING CASE FOR ARGUMENT -PLFF'S MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT - BY BURTON NEIL ATTY FOR PLFF - - - - ORDER OF COURT - DATED NOVEMBER 16 2006 - IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT - JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST RUSSELL E CLOUSER FOR $13,797.39 PLUS LEGAL INTEREST FROM JANUARY 26, 2004 BY THE COURT EDGAR B BAYLEY J COPIES MAILED -------------------------------------------------------------------- INATHEPAMOUNTEOFRY O79JUD9GMENT ON THE ORDER AND JUDGMENT ENTERED -------------------------------- - - - - - - - NOTICE MAILED TO DEFENDANT 14242001102007 Cumberland County Prothonc' y's Office Page 3 P i il C i t ( I ? ase v C PYS510 j r n 2005-00025 CITIBANK (SOUTH DAKOTA) N A (vs) CLOUSER RUSSELL E Reference No... Filed......... 1/03/2005 Case Type...... COMPLAINT Time.......... 3:38 Judgment...... 13797.39 Execution Date 0/00/0000 Judge Assigned: BAYLEY EDGAR B Disposed Desc.: Jury Trial.... Disposed Date. 0/00/0000 ------------ Case Comments ------------ - Hig her Crt 1.. 2282 CD 2006 PAGE NO. Hig her Crt 2.. 175 ---------------------------- 12/05/2006 CERTIFICATION OF ADDRESS AND --------------- ----------- AFFIDAVOT ----------- ----------------------------- OF NON-MILITARY ---------------------------- 176 - 183 ------------- 12/12/2006 NOTICE OF APPEAL - BY DEFT- -------------------- PRO SE ----------- ---------------------------- I84 - 185 -------- 12/15/2006 COMMONWEALTH COURT OF PA NOT ICE OF APPEAL DOCKETING # 2282 CD 2006 1/10/2007 CASE TRANSFERRED TO COMMONWEALTH COURT - OF PA ---------------------------- -------------------------------------- 1/10/2007 SERVICE OF THE LIST OF RECORD DOCUMENTS TO ALL COUNSEL/PARTIES - - - - - - - -. - - - - - - LAST ENTRY - - - - - - - - - - - - - - **************************************** *********** ***************************** * Escrow Information * Fees & Debits Beq Bal Pymts/Add End Bal COMPLAINT 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 JDMT 9.00 9.00 .00 APPEAL 30.00 -- 30.00 ----- - - --- .00 --- ------- ----- 4.50-- ------9 94.50 .00 ******************************************************************************** * End of Case Information T L?WY FWM RW0fW , I hAFF) UFO Od Y ?W Gb i fhe serf of sar IN THE COMMONWEALTH COURT OF PENNSYLVANIA CITIBANK (SOUTH DAKOTA) N.A. V. RUSSELL E. CLOUSER, Trial Ct. No. 05-25 Appellant No. 2282 C.D. 2006 ORDER NOW, January 19, 2007, upon consideration of the above- captioned matter, and it appearing that this Court does not have jurisdiction over this appeal, this matter is sua sponte transferred to the Superior Court of Pennsylvania. , The Chief Clerk shall certify a photocopy of the docket entries of the above matter and the record to the Prothonotary of the Superior Court of Pennsylvania. In addition to mailing copies of this Order to counsel of record, the Chief Clerk is directed to mail a copy of same to President Judge Edgar B. Bayley of the Court of Common Pleas of Cumberland County. BY THE COURT: J. Certified from the Reewd JAN 2 2 2007 and Order EAR ?° C7 ca. ? -rT ` ' ? ., -? ? . ? N ? r _y {` - ? ? .-c N Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 10/99 cr1231 10:32 AA Appeal Docket Sheet Docket Number: 246 MDA 2007 Page 1 of 3 February 12, 2007 c? -25 Superior Court of Pennsylvania Citibank (South Dakota) N.A. V. Russell E. Clouser, Appellant Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: December 12, 2006 Awaiting Original Record Journal Number: Case Category: Civil CaseType: Civil Action Law Consolidated Docket Nos.: Related Docket Nos.: SCHEDULED EVENT Next Event Type: Original Record Received Next Event Due Date: January 22, 2007 Next Event Type: Receive Docketing Statement Next Event Due Date: February 26, 2007 2/12/2007 3023 10:32 A.M. Appeal Docket Sheet Docket Number: Paqe 2 of 3 February 12, 2007 Superior Court of Pennsylvania 246 MDA 2007 Z*& COUNSEL INFORMATION Appellant Clouser, Russell E. Pro Se: Prose Appoint Counsel Status: IFP Status: Appellant Attorney Information: Attorney: Clouser, Russell E. Bar No.: Law Firm: Address: 11 Countyside Court Camp Hill, PA 17011 Phone No.: Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No Appellee Citibank (South Dakota) N.A., Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: Neil, Burton Bar No.: 11348 Law Firm: Burton Neil & Associates, P.C. Address: 1060 Andrew Dr Suite 170 West Chester, PA 19380 Phone No.: (610)696-2120 Fax No.: (610)696-4111 Receive Mail: Yes E-Mail Address: Receive E-Mail: No FEE INFORMATION Paid Fee Date Fee Name Fee Amt Amount Receipt Number TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Civil Date of Order Appealed From: November 16, 2006 Judicial District: 9 Date Documents Received: December 14, 2006 Date Notice of Appeal Filed: December 12, 2006 Order Type: Decision OTN: Judge: Bayley, Edgar B. President Judge Lower Court Docket No.: 05-25 ORIGINAL RECORD CONTENTS 2/12/2007 3023 10:32 A.M. Appeal Docket Sheet Docket Number: 246 MDA 2007 Page 3 of 3 February 12, 2007 Superior Court of Pennsylvania , Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFS DOCKET ENTRIES Filed Date Docket Entry/Document Name Party Type Filed By December 12, 2006 Notice of Appeal Filed Appellant Clouser, Russell E. February 12, 2007 Transfer from Another Court Case transferred from Commonwealth Court (2282 CD 2006) To Superior Court (246 MDA 2007) Superior Court February 12, 2007 Docketing Statement Exited (Civil) Middle District Filing Office 2/12/2007 3023 rag C> 5 In n t Irene M. Bizzoso, Esq Supreme Court of Pennsylvania . Deputy Prothonotary Middle District Norma K. Blynn April 29, 2008 Chief Clerk Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Citibank (South Dakota) N.A., Respondent V. Russell E. Clouser, Petitioner Superior Docket Number - 246 MDA 2007 Trial Court/Agency Dkt. Number: 05-25 No. 920 MAL 2007 Appeal Docket No.: Date Petition for Allowance of Appeal Filed: November 1, 2007 Disposition: Order Denying Petition for Allowance of Appeal Date: April 29, 2008 Reargument/Reconsideration Disposition: Reargument/Reconsideration Disposition Date: P.O. Box 624 Harrisburg, PA 17108 717-787-6181 www.aopc.org /slm 4 IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT CITIBANK (SOUTH DAKOTA) N.A., : No. 920 MAL 2007 Respondent V. RUSSELL E. CLOUSER, Petitioner Petition for Allowance of Appeal from the Order of the Superior Court ORDER PER CURIAM AND NOW, this 29th day of April, 2008, the Petition for Allowance of Appeal is hereby DENIED. TRUE & CORRECT COPY ATTEST: April 29, 2008 t No a K. Blynn, ief Clerk F1 :. ry r-n c a., Superior Court of Pennsylvania Karen Reid Bramblett, Esq. Middle District 100 Pine Street. Suite 400 Prothonotary Harrisburg, PA 17101 James D. McCullough, Esq. October 2, 2007 717-772-1294 Deputy Prothonotary www.superior.court.state.pa.us Certificate of Remittal/Remand of Record TO: Mr. Curtis R. Long Prothonotary RE: Citibank (South Dakota) N.A. v. Clouser, R. No.246 MDA 2007 Trial Court/Agency Dkt. Number: 05-25 Trial Court/Agency Name: Cumberland County Court of Common Pleas Intermediate Appellate Court Number: Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Contents of Original Record: Original Record Item Parts No Opinion Filed Date Description February 12, 2007 2 February 12, 2007 Date of Remand of Record: JUN I 1 2008 ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. C 491 44&1 m(jimes D. McCullough, Esq. Deputy Prothonotary Signature Date Printed Name C N P , A C C- C= rn r 4- ?_ J. A27042/07 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P.65.37 CITIBANK (SOUTH DAKOTA) N.A., IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee V. RUSSELL E. CLOUSER, Appellant No. 246 MDA 2007 Appeal from the Order of November 16, 2006, in the Court of Common Pleas of Cumberland County, Civil Division at No. 05-25 BEFORE: MUSMANNO, BOWES AND COLVILLE*, JJ. MEMORANDUM: FILED: October 2, 2007 This is an appeal from an order granting summary judgment in favor of Appellee Citibank (South Dakota) N.A. We dismiss this appeal. The trial court summarized this matter as follows: [Appellee], Citibank (South Dakota) N.A., filed a complaint against [Appellant] seeking judgment for money it alleged is owed on a credit card account. [Appellee] filed a request for admissions. On May 4, 2006, th[e trial court] entered an order finding: . . . that the amended answers of [Appellant] are not sufficient responses to the Requests for Admission. Accordingly, it is hereby Ordered that each of the matters contained in the Requests for Admission of [Appellee] Citibank (South Dakota) N.A. is admitted. Plaintiff filed a motion for summary judgment .... Based on the order of May 4, 2006, [Appellant] has admitted the following: *Retired Senior Judge assigned to the Superior Court. 3. A27042/07 1. With reference to the monthly billing statements for [Appellant's] credit card account with [Appellee) copies of which are attached hereto as requests for admissions exhibitsl [sic] through 14: a. [Appellant] admits that the detail set forth in each monthly billing statement accurately reflected for the monthly billing period [Appellant's) use of the account and accurately reflected all charges and credits to the account. b. Within 60 days after [Appellant's] receipt of each monthly billing statement [Appellant] admits that no writing or other communication disputing, protesting or objecting to any of charges or credits appearing in the monthly billing statements was sent by [Appellant] to [Appellee]. c. [Appellant] admits that with respect to each monthly billing statement, a written billing error notice was not sent to [Appellee]. 2. [Appellant] admits that after receipt of the monthly billing statements marked exhibits 1-7, [Appellant] made a payment which was reflected as credit in the following month's statement. 3. [Appellant] admits that after receipt of the monthly billing statements marked exhibits 8-14. [Appellant) did not send a payment to [Appellee). 4. [Appellant] admits that the last payment made on the account was posted by [Appellee] on January 26, 2004 and is reflected in the exhibit 8 monthly billing statement. 5. [Appellant] admits that balance owed on the account is $13,797.39. Summary Judgment is proper based on admissions where no genuine issues of material fact remain. Based on the admissions of [Appellant], [Appellee] is entitled to summary judgment for $13,797.39. Trial Court Opinion and Order, 11/16/06, at 1-2 (footnote and citation omitted). This timely pro se appeal followed. In his brief to this Court, Appellant asks that we consider the following questions: -2- 3. A27042/07 1. Can the court below assume material facts not in evidence and base a decision on such [a]ssumed facts? 2. Can the court below [i]gnore [A]ppeilant's unrebutted testimony? 3. Can the court below accept and admit into evidence statements of counsel as "facts"? 4. Can the court below accept and admit into evidence uncertified exhibits? 5. Can the court below invade the province of the jury to evaluate the weight and sufficiency of the evidence? Appellant's Brief at 1 (suggested answers omitted). We find that, because Appellant's brief is substantially out of compliance with the Rules of Appellate Procedure, dismissal of this appeal is warranted. We, therefore, do not reach the merits of the questions that Appellant asks this Court to consider. Briefs filed in this Court must conform in all material respects with the Rules of Appellate Procedure. Pa.R.A.P. 2101. This Court has the discretion to quash or dismiss an appeal when the defects in an appellant's brief are substantial. Id. Initially, we point out that Appellant's brief is out of compliance with Pa.R.A.P. 2116, as his "statement of questions involved" is not on a separate page. See Pa.R.A.P. 2116(a) ("The statement of the questions involved ... must always be on a separate page, without any other matter appearing thereon."). Pa.R.A.P. 2116(a) also states, "This rule is to be considered in -3- I A27042/07 the highest degree mandatory, admitting of no exception; ordinarily no point will be considered which is not set forth in the statement of questions involved or suggested thereby." With regard to this mandate, Appellant's argument section of his brief in no way corresponds or seemingly relates to the questions he asks this Court to consider on appeal. For instance, the first line of the argument section of Appellant's brief avers, "'This appeal is aimed squarely at the trial court's want of subject matter jurisdiction." Appellant's Brief at 6. We quoted Appellant's questions to be considered on appeal above, and these questions do not remotely suggest that Appellant seeks to challenge the trial court's jurisdiction over this matter. Most problematic for purposes of our review is Appellant's abject failure to comply with Pa.R.A.P. 2119. Pursuant to Pa.R.A.P. 2119(a), the argument section of an appellant's brief must be divided into as many parts as there are questions to be argued and followed by "discussion and citation of authorities as are deemed pertinent." As alluded to above, the argument section of Appellant's brief is not divided into as many parts as there are questions involved, nor do the separate arguments correspond to the questions to be considered on appeal. Moreover, several of the arguments put forward by Appellant are unsupported by citation. See, e.g., Appellant's Brief at 6, ¶1. A review of Appellant's brief, particularly its "Table of -4- I A27042/07 Authorities," reveals that Appellant cited to caselaw from a variety of jurisdictions but failed to cite one case from Pennsylvania.' As this Court has stated many times: While this court is willing to liberally construe materials filed by a pro se litigant, we note that appellant is not entitled to any particular advantage because [he] lacks legal training. As our supreme court has explained, any layperson choosing to represent [him or herself] in a legal proceeding must, to some reasonable extent, assume the risk that [his or her] lack of expertise and legal training will prove [his or her] undoing. Branch Banking & Trust v. Gesiorski, 904 A.2d 939, 942 (Pa. Super. 2006) (citation omitted). Moreover, "we decline to become the appellant's counsel. When issues are not properly raised and developed in briefs, when the briefs are wholly inadequate to present specific issues for review[,] a Court will not consider the merits thereof." Id. at 942-43. For these reasons, we exercise our discretion to dismiss this appeal. Appeal dismissed. Judgment Entered: c e uty Prothonotary October 2, 2007 Date: ' We also note that Appellant's brief fails to comply with Pa.R.A.P. 2117(b) in that Appellant's "statement of the case" contains superfluous argument and that Appellant's arguments are difficult to follow and comprehend. -5- C? ? Cs c I i? l.` IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT CITIBANK (SOUTH DAKOTA) N.A., No. 920 MAL 2007 Respondent Petition for Allowance of Appeal from the Order of the Superior Court V. RUSSELL E. CLOUSER, Petitioner ORDER PER CURIAM AND NOW, this 29th day of April, 2008, the Petition for Allowance of Appeal is hereby DENIED. TRUE & CORRECT COPY ATTEST: April 29, 2008 . lx,L J7,w/"- NO a K. Blynn, Chief Clerk .C • CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: c. r ' r_-"; -- °~ CITIBANK (SOUTH DAKOTA) N.A ~.. VS .~ RUSSELL E. CLOUSER ~" NO. OS-25 CIVIL TERM - _...._ 2282 CD 2006. - = The documents comprising the record have been numbered from No.l to =.~~85, ~ d attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title • :~ .~ T_ ;_t il.Y_ ~~ ,_~ _-? c=-, .:-:. -_: `_ _Y ~, =-c i°~ ~.~ ~> _- ~-~ -n c-- ~_ -'. _ ~ a t_; ~' i fi .. ~.~ -; 1-~~` ....I ~ h..~J z ~.s~ • CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: COMMONWEALTH COURT OF PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: CITIBANK (SOUTH DAKOTA) N.A. VS. RUSSELL E. CLOUSER NO. OS-25 CIVIL TERM 2282 CD 2006 • The documents comprising the record have been numbered from No.l to 185, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 1-22-07 . Cu is R. Lo othono ry REGINA K. LEBO, DE TY An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title