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HomeMy WebLinkAbout05-0561IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff VS. RUSSELL E CLOUSER AND LISA M CLOUSER Defendants No. pS - 5L I COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03964755 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff VS. RUSSELL E CLOUSER AND LISA M CLOUSER Defendants Civil Action No. COMPLAINT IN CIVII, ACTION AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for 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 LAWYER REFERRAL SERVICES CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD ST. CARLISLE, PA 17013 COMPLAINT 1. Plaintiff is a corporation with offices in 1 National City Parkway, Kalamazoo, MI 49009. 2. Defendants are residing at 11 Countryside Court, Camp Hill, PA 17011. 3. Defendants applied for and received a credit card issued by Plaintiff bearing the account number 4311966487010256 . A true and correct copy of Plaintiffs Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Defendants made use of said credit card and has currently a balance due and owing to Plaintiff, as of November 26, 2004, in the amount of $ 6,305.91. 5. Defendants are in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 23.90% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendants, Russell E. Clouser and Lisa M. Clouser jointly and severally, in the amount of $ 6,305.91 with continuing finance charges thereon at the rate of 23.90% per annum from November 26, 2004 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A William T. Molczan, squire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 1521.9 (412) 434-7955 WWR#:03964755 IT, N In F G1 C A r 'O • m m 'mp 0 m m In in ?n C ? m a m 2 F IT .. b o ,. mna ? O N ? 5 p' O ?D A Vl n r rr µ P+ ? ? o n ? G `° I K n Y [p v m m a a< < m a al Xn P ? ? ? N N 3a m =. ?a m m 3 p icy ? n A A A ? I S = n q ° n ? m ? N ??? '? 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W y y N N O o ° ° ° y O ?a m D q ? 'O y A- ro C1 3 w m ? G j C 7 G. ? ? 6 6 G m ? C1 N O n 3 in m w fNY N C 1 0 O ° °G p O so 10 3 ro n s 9 x ro P % n = ? rn 0. rt ?n ?CJ -i am r ?zz ? ? ro? A C ?'-?m N N 6N < 3?u+ 2? as OOpt ?? r ? O _ t mN ? ? l v P -i OT p ?C ?? as zo m A n 0 0 0 ro 3 0 m ti a 0 3 a v R 10 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is ?-hrri ' (NAME) Rc3rnc.; A,A,{or of plaintiff herein, that T (TITLE) ( OMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. IGNATURE) WWR# 03964755 ra r ?a o,t/-) n', Russell E. Clouser and Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-15 18 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M.CLOUSER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 CIVIL - LAW Defendants. ANSWER TO COMPLAINT: DEMAND FOR JURY TRIAL COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants and hereby answers the Plaintiff's Complaint as follows: 1. As to paragraph 1, after reasonable investigation the Defendants 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, it is hereby denied, the statement of account is not accurate and was disputed by Defendants. 4. As to paragraph 4, it is hereby denied because the account has been paid in full. 5. As to paragraph 5, it is hereby denied, as Plaintiff failed to credit the account for payments made by Defendants. Answer to Complaint - Demand for Trial by Jury Page 1 of 3 6. As to paragraph 6, it is hereby denied, because the account has been paid in full. 7. As to paragraph 7, it is hereby denied, because the account has been paid in full. NEW MATTER 8. First New Matter: Defendants has no knowledge of any of the specific items on the account sued on, or if any of such items were authorized by Defendants and duly charged to the account. 9. Second New Matter: There is no money due and owing, as the account has been paid in full. 10. Third New Matter: Plaintiff has failed to perform its condition precedent under Federal Law by failing to resolve certain matters in dispute with Defendants prior to bringing this action. 11. Fourth New Matter: Plaintiff breached the original contract by pursuing collection efforts notwithstanding the dispute unresolved with Defendants. DEMAND FOR JURY TRIAL 12. That the Defendants hereby demands a trial by a jury in this instant case. PRAYER Defendants Prays that the complaint be dismissed or a judgment entered in favor of Defendants with cost to Defendants for having to defend this frivolous lawsuit and for any other cost that the court may deem reasonable and just. Answer to Complaint - Demand for Trial by Jury Page 2 of 3 VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated: February 17, 2005. Respectfully submitted and signed by, Russell E. Clouser and Lisa M. Clouser. .. x abda, Answer to Complaint - Demand for Trial b;y Jury Page 3 of 3 ?`' `` -?? ? m ,. Russell E. Clouser and Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 CIVIL - LAW CERTIFICATE OF SERVICE I certify that a copy of the foregoing Answer to Complaint; Demand for Jury Trial was sent on the 17'h day of February, 2005, by mailing a copy of the same via Certified mail number 7003-2260-0002-2445-1022 to the following person: William T. Molczan WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 By Jeff Haulman 229 West Dauphin Street Encla, PA 17025 Certificate of Service Page I of 1 Russell E. Clouser and Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, vs. RUSSELL E. CLOUSER AND LISA M. CLOUSER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 CIVIL - LAW Defendants. 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 17th day of February, 2005, by mailing a copy of the same via Certified mail number 7003-2260-0002-2445-1022 to the following person: William T. Molczan WELTMAN,WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 By:r? /eWhaulman 229 West Dauphin Street Enola, PA 17025 Certificate of Service Page 1 of 1 -.? ..- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff vs. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. No. 05-561 REPLY TO NEW MATTER FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I.D. #42524 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03964755 h IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff vs. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. No. 05-561 REPLY TO NEW MATTER AND NOW, comes Plaintiff, National City Bank, by and through its counsel, WELTMAN, WEINBERG & REIS, CO., L.P.A., and files the within Reply to New Matter, averring in support thereof the following: 8. Paragraph 8 of Defendants' New Matter contains no averments to which a response is required. To the extent that a response may be required, after reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in Paragraph 8 of Defendants' New Matter, and strict proof thereof is demanded at time of trial. 9. The averments contained in paragraph 9 of Defendants' New Matter constitute conclusions of law to which no response is required. To the extent that a response may be required, Plaintiff specifically denies that there is no money due and owing and that the account has been paid in full, and Plaintiff incorporates paragraphs 1 through 7 of its Complaint as though herein set forth at length. 10. The averments contained in paragraph 10 of Defendants' New Matter constitute conclusions of law to which no response is required. 11. The averments contained in paragraph 11 of Defendants' New Matter constitute conclusions of law to which no response is required. 12. Paragraph 12 of Defendants' New Matter contains no averments to which a response is required. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendants for the amount demanded in its Complaint. WELTMAN, WEINBERG & REIS, CO., L.P.A. JAMS C. WARMBRODT PA I. . #42524 Welt an, Weinberg & Reis Co., L.P.A. 271 Koppers Building 436 7th Avenue Pit burgh, PA 15219 (4 2)434-7955 J CERTIFICATE OF SERVICE The undersigned hereby certifies that true and correct copies of the within Plaintiff's Reply to New Matter mailed to the following on this day of Y 0(U0r/, 2005 by first class, U.S. Mail, postage pre-paid: Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 Respectfully Submitted: WELTMAN, WEINBERG & REIS CO., L.P.A. Pa. .D. #42524 Attrneys for Plaintiff 2716 Koppers Building 436 Seventh Avenue Esquire i sburgh, PA 15219 2) 434-7955 I VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for filing of this Reply to New Matter and that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. C. Warmbrodt, Y for Petitioner v r.a ?:- i a -:? ,. ri:. ,;,? r?? ? ? ?, >; . ? t fit, h? ? U? CASE NO: 2005-00561 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY BANK VS CLOUSER RUSSELL E ET AL RON KERR , 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 1844:00 HOURS, on the 3rd day of February , 2005 at 11 COUNTRYSIDE COURT CAMP HILL, PA 17011 by handing to LISA M 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 //r" day of ?2et? A. D. doe, Z2 'L?l P othonotary So Answers: r R. Thomas Kline , 02/04/2005 WELTMAN WEINBERG REIS By. Deputy Sheriff CASE NO: 2005-00561 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY BANK VS CLOUSER RUSSELL E ET AL RON KERR Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CLOUSER LISA M the DEFENDANT at 1844:00 HOURS, on the 3rd day of February , 2005 at 11 COUNTRYSIDE COURT CAMP HILL, PA 17011 LISA M CLOUSER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this LLB day of I Prothonotary So Answers: R. Thomas Kline 02/04/2005 WELTMAN WEINBERG REIS By: Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, NO. 05-561 V. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. PLAINTIFF'S ANSWERS TO REQUEST FOR PRODUCTI, DOCUMENTS FIILED ON BEHALF OF: PLAINTIFF VANIA OF COUNSEL OF RECORD FOI THIS PARTY: JAMES C. WARMBRODT, ESQU Pa. I.D. # 42524 WELTMAN, WEINBERG & L.P.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR# 03964755 CO., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, NO. 05-561 V. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. 1. The only such records in Plaintiff's possession related to account are monthly statements. NSYLVANIA 2. The only such records in Plaintiffs possession related to Defendants' account are monthly statements. 3. The documents requested, to the extent that they exist, are the property of the individual parties involved in the various credit the Defendants, would be in the exclusive possession custody and control such parties, and are not in the possession of the Plaintiff. Respectful subm*;led, Jp(mes C. Warmbrodt, Esq. P'A I1D. #93598 WELTMAN, WEINBERG & REIS CQ'., L.P.A. 2718 Koppers Building 436 Seventh Avenue ;'Pittsburgh, PA 15219 vf, (412) 434-7955 r VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 to unsworn falsifications to authorities, that he/she is 1 ` (Name) `,d, A i t{nC of (? }m,Ytl plat stiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the for going Plaintiff's Answers and Objections to Request for Production of Documents are true and correct to tI, e best of his/her knowledge, information and belief. WWR# CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct within Plaintiff's Answers to Request for Production of Documents mailed to the following on this - day o?C l 2005, by first class, U.S. Mail, postage pre-paid: Robert E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 Respectfully Submitted: of the WELTMAN, WEINBERG & REIS CO., L.P.A. Jam C. Warmbrodt, Esq. PA .. #93598 W?L, MAN, WEINBERG & REIS CO., L P.A. 2.18 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ? ?1 \ {? <? U I ?{ , - ???- ?..? ? ' i ` 1 ?. ??[Z _. C: -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, vs. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. No. 05-561 PRAECIPE FOR SUBSTITUTION O VERIFICATION PAGE TO REPLY T NEW MATTER FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT, ESQUIR PA I.D.#42524 Weltman, Weinberg & Reis Co., L.P 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03964755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, vs. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. TO THE PROTHONOTARY: No. 05-561 .VAN IA Kindly substitute the attached Verification Page for the above-referenced Reply to Nevi Matter. WELTMAN, WEINBERG & REIS CQ, L.P.A By: JAMES . ``WARMBRODT, ESQUIRE PA I. D.#42524 Waltman, 1 einberg & Reis Co., L.P. . 2718,Kop?oers Building Pittsliurq.. PA 15219 (41 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 unsworn falsifications to authorities, that he/she n (Name) r-tav,nc_,v At ul i?t? of ?(rk?nryl l C ?+" (Title) C mo any) he/she is duly authorized to make this Verification, and that the facts set forth in the Reply to New Matter are true and correct to the best of his/her knowledge, information ahng to ff herein, that oing Plaintiff's belief. WWR# 03319718 CERTIFICATE OF SERVICE A true and correct copy of the within Praecipe for Substitution of has been served by U.S. Mail, Postage Pre-Paid, on the A 2005 upon the following: Robert E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 Respectfully Submitted: rification Page of WELTMAN YVEINBERG & REIS P0., L.P.A. Jame Warmbrbdt, Esquire Pa. I. . #42524 Atto ne s for Plaintiff 2748ppers Building 4i6 venth Avenue Pitt Burgh, PA 15219 434-7955 4a'21' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, vs. No. 05-561 PRAECIPE FOR SUBSTITUTION OI VERIFICATION PAGE TO PLAINTIF TO INTERROGATORIES - SET 1 RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT, ESQUIRE PA I.D.#42524 Weltman, Weinberg & Reis Co., L.P./ 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#03964755 ANSWERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, vs. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. TO THE PROTHONOTARY: No. 05-561 INTERROGATORIES - SET 1 _VANIA Kindly substitute the attached Verification Page for the above-referenced Plaintiff's An4wers to Interrogatories - Set 1. WELTMAN, WEINBERG & REIS CO By: ? JAMES,.. WARMBRODT, ESQUIRE PA l.D.*#2524 Weltmad, Weinberg & Reis Co., L.P.. 2718 Kgppers Building Pittsbuligh, PA 15219 (412),434-7955 , L.P.A. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 unsworn falsifications to authorities, that he/she (Name) of-- PI (Title) (Company lie/she is duly authorized to make this Verification, and that the facts set forth in the ft Answers to Interrogatories - Set I are true and correct to the best of his/her knowledge, belief. g to herein, that g Plaintiffs rmation and WWR# 03319718 CERTIFICATE OF SERVICE A true and correct copy of the within Praecipe for Substitution of Ve has been served by U.S. Mail, Postage Pre-Paid, on the 4VtA d. 4 2005 upon the following: Robert E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 Respectfully Submitted: of Page WELTMAI,4, WEINBERG & REIS (t0.. L.P.A. Jam C. Warfhbrodt, Esquire F Pa'I. . #42524 Zorn ys s for Plaintiff X718 oppers Building 436 eventh Avenue Pi burgh, PA 15219 12)434-7955 ?_, ;? ?, ,? ;;:? C..] a_t1 L J• c:". Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff, vs. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 CIVIL - LAW RESPONSE TO INTERROGATORIES COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants, and hereby responds to National City Bank, Plaintiff's Interrogatories, as follows: Interrogatory 1. Identify each and every individual, entity or otherwise, who assisted in providing responses to the Interrogatories, Requests for Documents and/or Request for Admissions contained herein, including but not limited to, for each : A. Names and last known addresses; B. Telephone numbers C. Relation to Defendant: and D. Basis of knowledge of the information provided. Page] of 3 Response: Defendants are preparing and answering these Interrogatories, Request for Documents and Request for Admissions. Interrogatory 2. List the date(s) and the amount(s) made by the Defendant, or on the Defendant's behalf, to the Plaintiff on the subject credit account no. 4311966487010256 referenced in paragraph no. 3 of the Plaintiff s Complaint herein. Response: After a reasonable investigation, Defendant's do not remember all the date(s) or the amount(s) made by the Defendants or made by others on the Defendant's behalf towards credit account no. 4311966487010256. Interrogatory 3. Please identify any and all witnesses you attend to call at trial, including any and all expert witnesses. Response: Defendant's witnesses for trial have not yet been identified or determined at this time. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 22"d day of April 2005. Page 2 of 3 Respectfully submitted and signed by Russell E. Clouser and Lisa M. Clouser, Page 3 of 3 ??. ..> ? -., fv r_., .. l ? ?.: ^' ?' ?i f ; S ?:? Russell E Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, vs. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. ?; fn IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL141NI8'< < Case No.: 05-561 CIVIL - LAW RESPONSE TO REQUEST FOR ADMISSIONS Propounding Party: National City Bank Responding Party: Russell E. Clouser and Lisa M. Clouser COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants, and hereby responds to National City Bank, Plaintiffs Request for Admissions, as follows: Request No. 1. Defendants have resided at 11 Countryside Court, Camp Hill, PA 17011-1518 from September 29, 2003 to present. Response: Denied. Defendants have resided at 11 Countryside Court, Camp Hill, PA 17011-1518 from May 26, 1994 to present. Page I of 5 Request No. 2. Attached hereto as Exhibit "1" are true and correct copies of the statements for the Defendants' credit card account no. 4311966487010256 showing all charges and payments from September 29, 2004 though June 16, 2004. Response: Denied. Plaintiff failed to answer the Defendant's Request for Production of Documents which was to provide 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 credit card account no. 4311966487010256. Request No. 3. Defendants are required to make monthly payments to Plaintiff on any outstanding balances owed on the subject credit card account no. 4311966487010256. Response: Denied. Defendants sent Plaintiff a billing dispute letter requesting a full investigation into this error and requested additional documentary evidence of the indebtedness. Defendants exercised their right to withhold payment on the entire disputed amount until Plaintiff complied to the Defendant's billing error dispute letter. Defendants are not required to make a payment until Plaintiff complied to the Defendant's billing error dispute letter. Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Also, see attached a copy of the back of the National City Bank monthly billing statement exercising Defendant's right to withhold Page 2 of 5 payment on the entire disputed amount until Plaintiff complied to Defendant's billing error dispute error. Request No. 4. Defendants have failed to make any payments to Plaintiff on the subject credit card account no. 4311966487010256 since January 27, 2004. Response: Denied. Defendants sent Plaintiff a billing dispute letter requesting a full investigation into this error and requested additional documentary evidence of the indebtedness. Defendants exercised their right to withhold payment on the entire disputed amount until Plaintiff complied to the Defendant's billing error dispute letter. Defendants did not fail to make a payment until Plaintiff complied to the Defendant's billing error dispute letter. Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Also, see attached a copy of the back of the National City Bank monthly billing statement exercising Defendant's right to withhold payment on the entire disputed amount until Plaintiff complied to Defendant's billing error dispute error. Request No. 5. Defendants have not submitted any written dispute to any accounting inaccuracy concerning the amounts demanded by the Plaintiff on the subject credit card account no. 4311966487010256. Page 3 of 5 Response: Denied. Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Request No. 6. The balanced owed by the Defendants to the Plaintiff on the subject credit card account no. 4311966487010256 as of June 16, 2004 was $5,555.28 Response: Denied. Plaintiff failed to answer the Defendant's Request for Production of Documents which was to provide 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 Defendants owes. Request No.7 The applicable finance charge on the subject credit card account no. 4311966487010256 as of June 16, 2004 was 23.90% per annum. Response: Denied. Plaintiff failed to answer the Defendant's Request for Production of Documents which was to provide 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 and the finance charge that the Plaintiff claims Defendants owes. Page 4 of 5 Dated this 22"d day of April 2005. Respectfully submitted and signed by Russell B. Clouser and Lisa M. Clouser, EY?L Page 5 of 5 Russell E. Clouser and Lisa M. Clouser 1 I Countryside Court Camp Hill, PA 17011 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, vs. RUSSELL E. CLOUSER AND LISA M. CLOUSER, IN THE COURT OF COMMON-PLEAt,; T _r CUMBERLAND COUNTY, PENNSYLNANIk4 Case No.: 05-561 CIVIL - LAW, Defendants. RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS Propounding Party: National City Bank Responding Party: Russell E. Clouser and Lisa M. Clouser COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants, and hereby responds to National City Bank, Plaintiff's Request for Production of Documents, as follows: Request No. 1. If any fact upon which you rely, in answer to any part of the preceding interrogatories is evidenced by, or embodied in writing, produce and permit inspection and photocopying, or attach copies of said writings. Response: Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Also, see attached a copy of the back of the National City Bank monthly billing statement exercising Defendant's right to withhold Page 1 of 4 payment on the entire disputed amount until Plaintiff complied to Defendant's billing error dispute error. Request No. 2. Produce any and all documents evidencing proof of payments made by Defendant, or on Defendant's behalf, to the Plaintiff on the subject credit card account no. 4311966487010256 referenced in paragraph no. 3 of the Plaintiff's Complaint herein, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records or data compilations. Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendants. Request No. 3. Produce all documentary evidence or information substantiating Defendant's denial in paragraph no 4 or the Answer that the balance due and owing on the subject credit card account no. 4311966487010256 is not as alleged in paragraph 4 of the Plaintiff s Complaint. Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendants. Plaintiff failed to answer the Defendant's Request for Production of Documents which was to provide additional documentary evidence, not monthly billing statements, such as copies of document, bookkeeping entries, journals or records for the Defendant's account which is Page 2 of 4 the underlying evidence for all debits and credits that the Plaintiff claims Defendants owe. Request No. 4. Produce all documentary evidence or information substantiating Defendant's denial in paragraph no 5 of the Answer that the Defendant is not in default of the cardholder Agreement. Response: Defendants sent Plaintiff a billing dispute letter requesting a full investigation into this error and requested additional documentary evidence of the indebtedness. Defendants exercised their right to withhold payment on the entire disputed amount until Plaintiff complied to the Defendant's billing error dispute letter. Defendants were not in default of the cardholder's Agreement. Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Also, see attached a copy of the back of the National City Bank monthly billing statement exercising Defendant's right to withhold payment on the entire disputed amount until Plaintiff complied to Defendant's billing error dispute error. Request No. 5. Produce all documentary evidence or information substantiating Defendant's position or belief as to the balance due and owing on the subject credit card account no. 4311966487010256 . Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendants. Plaintiff failed to Page 3 of 4 answer the Defendant's Request for Production of Documents which was to provide additional documentary evidence, not monthly billing statements, such as copies of document, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all debits and credits that the Plaintiff claims Defendants Request No. 6. Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial that has not already been produced. Response: Objection. The Request is seeking information that is not yet available. Without waving the objection, Defendants reserves the right to supplement the response at a later date or at trial, or when additional documents become available. Dated the 22"d day of April 2005. Respectfully submitted and signed by Russell E. Clouser and Lisa M. Clouser, P0 Pw:? Page 4 of 4 Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff, vs. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 RUSSELL E. CLOUSER AND CIVIL - LAW LISA M. CLOUSER, Defendants. CERTIFICATE OF SERVICE I certify that a copy of the foregoing Plaintiffs Request for Interrogatories, Request for Production of Documents and Request for Admissions was sent on the 22nd d*-, of riI , 2005, by mailing a copy of the same via Certified mail number 7004-0550-0000;271~8-5273 ta=i the following person(s): William T. Molczan rrl WELTMAN, WEINBERG & REIS Co., L.P.A. 2718 Koppers Building ?y--, 436 Seventh Avenue Pittsburgh, PA 15219 By: Jeff Haulman 229 West Dauphin Street Enola, PA 17025 i Certificate of Service - Page 1 of 1 ._> ?_-> ' ?, ;;,, _? :. ??, _.. --, Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, vs. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 CIVIL - LAW RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS Propounding Party: National City Bank Responding Party: Russell E. Clouser and Lisa M. Clouser _F h; S w ce < cc fACt c h e d -to +he prq r, Cn I to 4hc National City Bank K Al6-FS,One NCC PKWY Kalamazoo, MI 49009-8003 prod?_'ctcon nF buk Sc cn P l-, o"d qet ??led ?,? 4(22. IG5 Docu m.oiS 6,drn`x Frn G c, y February 23, 2004 RE: Billing Error on Account 431 1-9664-8701-0256 Amount in Dispute: $ 4937.32 CGre -fiL 05-`61 Plr4ln4,CC- NcJkc,octl Ctky 61'nk Dear National City Visa: ?r'?e r Ck n 4 - Ru s e 11 C l ouc *' r LrSc; C'toc.,c Pe I am writing regarding the above account. I believe that my most reocu. statement. 02/17/04 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 02/17104. 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 02/17/04. 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 National City Visa over the phone. I am requesting that all communications be conducted in writing, and I appreciate your honoring my request. 3L L R ssell Clouser I 1 Countryside Court Camp Hill, Pa 17011 Certified MaiW: 7003-3110-0006-2758-8144 ter. ng of Payments The top portion of this statement most Cleo accompanyyourpayment. Ifpaymentsaremelvedbyusat P.O Box 856176. Louisville, KY 40285-6176 by 600 P M., they will be credited as of the following business tlay. It you make payments at any other auttmnzed banking location or l you fan to return the top portion of this statement with your payment the crediting of such payments to your amount maybe delayed up t05 days - Grace Period or Purchases. You may avoid finance charges oo the Purchases portico of your New Balance it you paid n full your previous New Balance by your Due Date. The glace period is net applicable to cash advances orbalance transfers. Balance Calculator for Purchases Finance charges on Purchases accrue from the date of each transaction We inure the finance charges tot Purchases by applying the peuodic rate for Purchases to me Average Daily Balance for Purchases To pet your Average Daily Bakime for Purchases, we take the beginning balance of Purchases for your Account each tlay, and R legally pelme;Sd 6, unpaid finance charges and fees that apply to Purchases, add any new Purchases (d you have not paid in full your previous New Balance before the Due Date) and subtract any payments andcredRS that apply to Purchases This gives us the Dairy Balance for Purchases. Then. we add all the dallybalances for Purchases for the billing cycle and Orville by the total number of days in the billing cycle. This gives us me Average Dally Balance for Purchases Balance Calculation for Cash Advances A finance charge will be imposed on all Cash Advances from the data of eaM Cash Advance We figure the finance charges for Cash Advances by applying the periodic rate for Cash Advances to theAverage Daily Balance for Cash Advances. To get your Average Daily Balance tot Cash Advances, we take the beginning balance of rash Advances for your Account each day, and ii legally permissible, unpaid finance charges and fees that apply to Cash Advances, add any new Cash Advances, and subtract any payments and Credits that apply to Cash Advances This (Ives us the Daily Balance for Cash Advances Then. we add all the daily balances for Cash Advances for the b( ling cycle and dvide by the total number of days in the billing cycle. This gives us the Average Daily Balancefot Cash Advances. Balance Calculatlon for Balance Transfers A finance charge will be unposed on all Balance Transfers flan the date each transfer check is winhenbyus We figure the finance charges for Balance Transfers by applying the periodic rate for Balance Transfers to the Average Daily Balance for Balance Transfers To get your Avenge Daily Balance for Balance Transfers, we take the beglnninq balance of Balance Transfers tot Your Account each day and If legally permissible. unpaid finance charges andfees that apply to BalanceTransters, add any new Balance Transfers and subnaot any payments andci edits that apply to Balance Transfers. This gives us the Daily Balance for Balance Transfels Then. we add all the daily balances for Balance Transfers for the billing cycle and dwide by the total number of days in the billing cycle. This gives ustheAverage Dally Balance for BalanceTtansfeis, Tile finance charge may be determined by (i) multiplying each of the Average Daily Balances by the number of days in the blltlngeyole, (2) multiplying each of the results by the applicable daily penodio rate, and (3) adding each of these dmdocls together- Anrual FeegeLiawal Notice. If your credit card agreement provides tot an annual fee, the annual tee will be billed on yarn credit card statement once a year You will have 30 clays from the date that me statement is mailed in which to terminate your credit card and have your account credited for the fee If you decide to terminate your card, you may continue to use your account Mang the 30 day period. After that, you may not make any further purchases or cash advances on your account me terms of this name do not apply to business Bitting R'ghts Summary in Case at Errors or ouestlons About Your 6111. If you think your bill is wrong, or rf you need more information about a transaction on your OIL write us on a separate sheet at the Customer Service address listed on your bill as soon as possible. Wa mist hear from you no later than 60 days anerwe sentyou Chef irst bill on which the error orproblem appeared. You can telephone us, but going so will not preserve your tight Inyourletter; give us ihefoilowing mfonnatioR Your nitro and amount number' The dollaramount of the suspected error. Describe the error and explain, 0 you can. why you xlie e here is an enor. If you need more information, describethe dimr Vi You do not have to pay any alwunf m question while we are Investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Special Rule For Credit Card Purchases. If you have a problem with Yoe quality of goods or services mat you purchased wi h a credit card, antl you have tried in good faith to con ect the problem with the merchant, you may not have to pay the remaining amount due on Yoe goods or services. You have this protection only when the purchase price was more than $50 and the purchase was made in your home state or within 100 miles ofyaa current mailing address (llweownor operate the merchant or a we mauled you the advertisement for the property, of services, all purchases are covered regardless of amount or locaton of pmmhasel This is an attempt tocollect a debt and any information obtained will be usedforthat purpose. Viso us at www.nccardselvjcescom to obtain amount information, make payments online, or view reseal famnsaotion acrNhyr (??) hp ?_ r ? rr? 'l? iT r? i? . Russell E. Clouser and Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 CIVIL - LAW NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO DEFENDANT'S DISCOVERY; AFFIDAVIT OF RUSSELL E. CLOUSER AND LISA M CLOUSER• BRIEF IN SUPPORT OF MOTION TO COMPEL; SEPARATE STATEMENT IN SUPPORT OF MOTION: REQUEST FOR SANCTIONS 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 and M. Clouser, Defendants, will move the court for an order compelling National City Bank to further responses to the Interrogatories and Request for Production of Documents by Russell E. Clouser and Lisa M. Clouser to National City Bank ON February 17, This motion is made on the grounds that the objections are without merit. The requests, responses at issue, and reasons for compelling further responses are set 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 the attached Separate Statement in Support of this Motion, the Affidavit of Russell E. Notice of Motion to Compel Page I of 2 Clouser and Lisa M. Clouser, the Meet and Confer letter, and any further oral or documentary evidence introduced at the hearing of this motion. PROPOSED ORDER ATTACHED Dated: May 6, 2005. Respectfully submitted and signed by, Russell E. Clouser and Lisa M. Clouser without prejudice. Notice of Motion to Compel Page 2 of 2 >' ,_?, o _'? _ ._ .. ?; 'n'?= .n ?,? ` _'?_ ,,: ?.. y-. r-- .r> U_ U <_5 u ?y Russell E. Clouser and Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 CIVIL - LAW DEFENDANT'S AFFIDAVIT IN SUPPORT OF THE MOTION TO COMPEL FURTHER RESPONSES FROM PLAINTIFF I, Russell E. Clouser and Lisa M. Clouser, being duly sworn, depose and state: That I served Plaintiff with discovery request on or about February 17, 2005. 2. That included in the discovery request was Request for Admissions, Request for (Production of Documents and Interrogatories. 3. On or about March 28, 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 April 12, 2005, I served Plaintiff with a meet and confer letter. Plaintiff did not respond to Defendant's meet and confer letter, so we could not come to an agreement. A true and correct copy of the meet and confer letter labeled Exhibit A is attached. A "e and correct copy of the postal service certified mail receipt verifying delivery of the meet and confer letter labeled Exhibit B is attached. Affidavit in Support of Motion to Compel Page I of 2 . 6. That my discovery requests will assist me in presenting a meaningful defense and prepare for trial. ATTESTATION The above facts are true and correct. Signed by: Russell E. Clouser IW? m Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. Subscribed and Sworn before me this day of ,.n 4y 12005 The State of Pennsylvania, County of Cumberland L Signature d e 1 f Notary ri Affidavit in Support of Motion to Compel Page 2 of 2 Russell E. Clouser and Lisa M. Clouser April 12, 2005 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Certified mail # 7004-0550-0000-2718-5259 Weltman, Weinberg, & Reis Co., L.P.A. 2718 Koppers Building 36 Seventh Avenue Pittsburgh, PA 15219 RE: National City Bank v. Russell E. Clouser and Lisa M. Clouser, Case 05-561 Dear Weltman, Weinberg & Reis Co., L.P.A.: 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 failed to respond to my request for production of documents which was to produce all copies of documents, records, journals and bookkeeping entries related to my account # 4311966487010256. This is not a request for monthly statements already mailed to me but the underlying accounting of my account being sued on. Further, you failed to respond to my request for production of documents regarding the P oduction of documents, books and records evidencing the amount claimed in your action that you claim Defendant owes Plaintiff. This again is not a request for monthly statements already mailed to e but the underlying accounting evidence that Plaintiff claims I owe. 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. E. Clouser M. Clouser Page 1 of 1 Exh%bl4 kem D Agent W X fl Addressee card to you. - ) 8. AeceN by f Printed hvw 0. Date of OeMery ¦ Atof the'mailpiece, back I6lle wts e ` ` p O r o n . as pen li Q Is W very address Eltferant imro Item t? 0 Yea 1. Antes if YES, enter delivery address below. d No Nte ?km?o lei n btrq and ?? l..:PA ?2etS , a??$ t??rs gy,ldrnr? # h v e n u e g36 e 0E Meit ¢reas Me4 Pt s h, F 5 E3 ed - 0 Return Aacalpt for Merchandise Mall 0 C.O.D. 7 i 9 DelWery? (Fa6a FeW R90ided M Yes 2. Article Number 7004 0550 0000 2718 5259 (Dans/erikma se3Ytma?8e1J . PSFormW1,.AuSjost2001 Domestic RetimReceipt i iuzses02-ran-15e0 _v- UNITED STATES POSTAL SERVICE First-Class Mail Ma&Fees Paid PWMR go. G-10 • Sender: Please print your name, address, and ZIP-i,4 inttris W x • Qossell Clouser I1 Counkry Side C+. CaMp H`l ,r T/! 1`IG11 s 1R1???L t: M! iii AL11 1l311ti?Eftl7Pl?jtY tl it?f iii Fl Ytl?: Exh;bi-F 3 C5-->(cl SEPARATE STATEMENT IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL ANSWERS TO DISCOVERY STATEMENT OF FACTUAL AND LEGAL REASONS WHY PLAINTIFF MAST 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 4311966487010256. Please note that this is not a request for monthly statements already mailed Defendant but the underlying accounting of Defendant's account sued on. Plaintiff's Response to Request for production of Documents No. 1. Plaintiff never responded to Defendant's Request for Production of Documents. Argument: Defendant hereby incorporates the Memorandum of Law attached hereto by this reference. 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 1 of 3 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. Plaintiff's Response to Request for production of Documents No. 2.. Plaintiff never responded to Defendant's Request for Production of Documents. Argument: Defendant hereby incorporates the Memorandum of Law attached hereto by this reference. 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. 1. Please provide the name(s), address(es) and telephone number(s) of Plaintiffs CPA(s) who has reviewed the account and has/have personal knowledge of all payables, receivables and/or credits to Defendant's account number 4311966487010256. Separate Statement in Support of Defendant's Motion to Compel Page 2 of 3 Plaintiff's Response to Interrogatory No. 3. Objected to as overbroad and underly burdensome. By the way of futher response, Jennifer Mason has personal knowledge of matters related to Defendant's account. Argument: Defendant hereby incorporates the Memorandum of Law attached hereto by this reference. Plaintiffs objection is harassing and evasive. The Interrogatory goes to the material facts of the case, as it seeks to get the name of Plaintiffs CPA who has personal knowledge of Defendant's account, which is the subject of this lawsuit. Plaintiff does not indicate that Jennifer Mason is a CPA, per my discovery request. The name and location of the CPA with personal knowledge of the bookkeeping entries, books and records, journal entries and other similar information will assist Defendant in narrowing down who is to be deposed and/or who possibly Plaintiff would bring in to testify at trial. Plaintiffs refusal, neglect or failure to answer the same will severely prejudice Defendant. The Interrogatory is material and within the rules of discovery as it is reasonably calculated and will lead to admissible evidence. Dated: May 6, 2005. Respectfully submitted and signed without Z 11 prejudice. N. R s ll E Clouser Lisa M. Clouser c/o I 1 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. Separate Statement in Support of Defendant's Motion to Compel Page 3 of 3 ?'? ?., ?=> ?; ?^ ? _, ????= -?„-; ?? '"; T, .. ;- _ ?::> r _y ?, Russell E. Clouser and Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 CIVIL - LAW CERTIFICATE OF SERVICE I am over 18 years of age and I am not a party to this action. I reside at 229 West Dauphin Street, Enola, PA 17025. On the e day of May, 2005, 1 mailed a copy of Defendant's Notice of Motion to Compel, Brief, Verification, Separate Statement and Order via Certified Mail Number 7004-0550-0000-2718-5341 on behalf of: Russell E. Clouser and Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 The documents were mailed to: William T. Molczan WELTMAN, WEINBERG & REIS Co., L.P.A. 2718 Koppers Buliding 436 Seventh Avenue Pittsburgh, PA 15219 By: Jeff Haulman 229 West Dauphin Street Enola, PA 17025 Certificate of Service by Mail Page 1 of 1 !_ =j ?i '+ 3 ?.s. T __ 1 S IC:' C!1 =1.. '' J ? .. ?,.? :ti ?G NATIONAL CITY BANK, Plaintiff VS. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-561 CIVIL IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this /3 v day of May, 2005, argument on the within motion to compel is set for Thursday, June 2, 2005, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. William T. Molczan, Esquire For the Plaintiff Russell and Lisa Clouser, Pro Se Defendants BY THE COURT, n ?a Fti.C. 5 13 Of Am ,- _, ?f, ,,? t i i?;`!tz!iG ,; =iL .?_. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff vs. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. No. 05-561 PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO COMPEL FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I. D. #42524 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03964755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff No. 05-561 vs. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO COMPEL 1. Plaintiff commenced the within action seeking to recover from the Defendants the sum of $6,305.91 owed on their credit card account. 2. Defendants have filed an answer pro se denying the debt and alleging that the debt has been paid. 3. Defendants have previously served Interrogatories, a Request for the Production of Documents and a Request for Admissions. 4. Plaintiff has served Defendants with its Answers to Interrogatories, Answers to Request for Production of Documents and Answers to Requests for Admissions, copies of which Answers are attached hereto as Exhibits 1, 2 and 3, respectively. 5. Although the underlying dispute surrounds charges and credits to Defendants' credit card account, Defendants' aforementioned discovery requests seek information and documentation specifically excluding the monthly statements on Defendants' credit card account. 6. Defendants' aforementioned discovery requests to which Plaintiff has objected seek information and documentation that is not relevant, is not reasonably calculated to lead to the discovery of admissible evidence, is sought in bad faith, and if permitted, would cause unreasonable annoyance, embarrassment, oppression, burden and expense on the part of the Plaintiff. 7. In an effort to discover the alleged factual basis of Defendants' dispute, Plaintiff's undersigned counsel served on the Defendants discovery requests, a copy of which are attached hereto as Exhibit 4, attached to which discovery requests are copies of the monthly statements for Defendants' account showing all charges and credits from September 29, 2003, prior to which date there was a zero balance on Defendants' account, through June 16, 2004. 8. Defendants have failed and refused to file answers responsive to the requests propounded by the Plaintiff on the basis that Plaintiff has not answered Defendants' discovery requests to their satisfaction. Attached hereto as Exhibit 5 are Defendants' Responses to Plaintiff's discovery requests. 9. Simultaneous with the filing of this response, Plaintiff is filing a Motion to Determine the Sufficiency of Defendants' Answers to Plaintiffs Requests for Admissions. WHEREFORE, Plaintiff humbly requests that this Honorable Court enter an order denying Defendants' Motion to Compel filed herein, together with any further relief which this Honorable Court deems appropriate. WELT_MANrWFIAl6C P & REIS, CP?,L.P.A. PA I . #42524 W t an, Weinberg & Reis Co., L.P.A. 2718 oppers Building 6 h Avenue itt urgh, PA 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, NO. 05-561 V. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. PLAINTIFF'S ANSWERS TO INTERROGATORIES - SET 1 FIILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: JAMES C. WARMBRODT, ESQUIRE Pa. I.D. # 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. Finn #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR# 03964755 EXHIBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, NO. 05-561 V. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. PLAINTIFF'S ANSWERS TO INTERROGATORIES - SET 1 1. Identify each and every person involved in any way in answering these interrogatories by providing their address and telephone number and job description. Answer: Jennifer Mason, Agency Auditor - One National City Parkway, Kalamazoo, MI 49009 - ph # (269) 973-1765 2. State the name, address and phone number of the Custodian(s) of Record with personal knowledge of all the bookkeeping and journal entries, records and/or documents related to Defendant's account number 4311966487010256. Answer: Objected to as overbroad and underly burdensome. There are no individuals with the title of "Custodian of Records" with respect to any records or documents related to Defendants' account. By way of further response, Jennifer Mason has personal knowledge of matters related to Defendants' account. 3. Please provide the name(s), address(es) and telephone number(s) of Plaintiffs CPA(s) who has reviewed the account and has/have personal knowledge of all payables, receivables and/or credits to Defendant's account number 4311966487010256. Answer: Objected to as overbroad and underly burdensome By way of further response, Jennifer Mason has personal knowledge of matters related to Defendants' account. 4. Please provide the names, addresses and telephone numbers of any witnesses whom you expect to call at trial with a designation of the subject matter about which each witness might be called to testify. Answer: Plaintiff has not yet determined the identity of its witnesses. 5. Please provide the names, addresses, and telephone numbers of all persons whom the party believes may have knowledge or information relevant to the events, transactions, or occurrences that gave rise to the action, and the nature of the knowledge or information each such individual is believed to possess. Answer: Plaintiff is unable to respond to this interrogatory, as it believes that this information is within the exclusive knowledge of the Defendants. 6. For each of your denial to Defendant's First Set of Request for Admissions please set forth all facts upon which you base your denial. Answer: Plaintiff incorporates its Answers to Defendants' Request for Admissions herein as though herein set forth at length. Respectfully Ja § C: Warmbrodt, Esq. P I. . #93598 WEL MAN, WEINBERG & REIS CO., L.P.A. 271 Koppers Building 43 Seventh Avenue ttsburgh, PA 15219 (412) 434-7955 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for filing of this Plaintiff's Answers to Interrogatories - Set 1, and that the facts set forth in the foregoing Plaintiff s Answers to Interrogatories - Set 1 are true and correct to the best of his knowledge, information and belief. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Plaintiffs Answers to Interrogat ries -Set 1 was mailed to the following on this day of (.i' , 2005, by first class, U.S. Mail, postage pre-paid: Robert E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 Respectfully Submitted: WELTMAN, WEINBERG & REIS CO., L.P.A. James PA I. D. WELT 2718 436 $ (41 Esq. M N, WEINBERG & REIS CO., L.P.A. pers Building e enth Avenue rgh, PA 15219 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, NO. 05-561 V. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. PLAINTIFF'S ANSWERS TO REQUEST FOR PRODUCTIONS OF DOCUMENTS FILLED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: JAMES C. WARMBRODT, ESQUIRE Pa. I.D. # 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR# 03964755 EXHIBIT Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, NO. 05-561 V. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. PLAINTIFF'S ANSWERS TO REQUEST FOR PRODUCTION OF DOCUMENTS 1. The only such records in Plaintiffs possession related to Defendants' account are monthly statements. 2. The only such records in Plaintiffs possession related to Defendants' account are monthly statements. 3. The documents requested, to the extent that they exist, are the property of the individual parties involved in the various credit transactions with the Defendants, would be in the exclusive possession custody and control of such parties, and are not in the possession of the Plaintiff. Jambs C. Warmbrodt, Esq. 1;,'.D. . #93598 ALTMAN, WEINBERG & REIS CO., L.P.A. 2,718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 relating to unswom falsifications to authorities, that he/she is r) I -rr r Ypi ay- nn (Name) I nr ra l N, i?C of fq?ier? L r i, j plaintiff herein, that ?11-1 (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Plaintiff's Answers and Objections to Request for Production of Documents are true and correct to the best of his/her knowledge, information and belief. (Si n Lure) WWR# ON (o-9 ? CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Plaintiffs Answers to Request for Production of Documents was mailed to the following on this , day / 2005, by first class, U.S. Mail, postage pre-paid: Robert E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 Respectfully Submitted: WELTMAN, WEINBERG & REIS CO., L.P.A. Jame' C. Warmbrodt, Esq. PA L.D. #93598 WETMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue P'ttsburgh, PA 15219 412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, NO. 05-561 V. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. PLAINTIFF'S ANSWERS TO REQUEST FOR ADMISSIONS - SET 1 FIILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: JAMES C. WARMBRODT, ESQUIRE Pa. I.D. # 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR# 03964755 EXHIBIT 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, NO. 05-561 V. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. PLAINTIFF'S ANSWERS TO REQUEST FOR ADMISSIONS - SET 1 1. Admit that Defendant had an account with the Plaintiff bearing the number 4311966487010256. Answer: Admitted. 2. Admit that Defendant is/was entitled to all credits to account 4311966487010256 that were entered by Plaintiff. Answer: Denied as stated. Defendants' account has been credited with all payments received by Plaintiff. 3. Admit that Defendant has paid account 4311966487010256 in full. Answer: Denied. Defendants are indebted to the Plaintiff in the amount of $6,305.91, plus continuing finance charges, as set forth in paragraphs 1 through 7 of Plaintiffs complaint herein. 4. Admit that there is no money due and owing to Plaintiff by Defendant. Answer: Denied. Defendants are indebted to the Plaintiff in the amount of $6,305.91, plus continuing finance charges, as set forth in paragraphs 1 through 7 of Plaintiffs complaint herein. 5. Admit that Defendant is not in default on account on 4311966487010256. Answer: Denied. Defendants have defaulted on this account by failing to make monthly payments as required, as set forth in paragraph 5 of Plaintiffs Complaint herein. 6. Admit that Plaintiff complied with Generally Accepted Accounting Principles (GAAP) respecting all payables and receivables for account 4311966487010256. Answer: Plaintiff is unable to admit or deny this request for admission because Plaintiff does not know to what Defendants refer by "Generally Accepted Accounting Principles (GAAP)". Admit that Plaintiff complied with loan and extension of credit procedure in accordance to the Federal Reserve Bank. Answer: Plaintiff is unable to admit or deny this request for admission because Plaintiff does not know to what Defendants' refer by "loan and extension of credit procedure in accordance to the Federal Reserve Bank". submitted, Ja . Warmbrodt, Esq. P Ds. #93598 TMAN, WEINBERG & REIS L.P.A. ?2-h8 Koppers Building Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiff s Verification cannot be obtained within the time allowed for filing of this Plaintiff's Answers to Request for Admissions - Set 1, and that the facts set forth in the foregoing Plaintiffs Answers to Request for Admissions - Set 1 are true and correct to the best of his knowledge, information and belief. Warmbrodt, Esquire CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Plaintiffs Answer to Request for admissions - Set 1 was mailed to the following on this day of /'?1 r2) 2005, by first class, U.S. Mail, postage pre-paid Robert E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 Respectfully Submitted: WELTMAN, WEIN@,?RG & REIS Qo-, L.P.A. Jam C. Warmbrodt, Esq. PA . #93598 W AN, WEINBERG & REIS CO., L.P.A. 27 8 oppers Building 4 6 eventh Avenue 1 burgh, PA 15219 ( 2)434-7955 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff VS. No. 05-561 RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. TO: Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS If you cannot answer the following discovery requests in full after exercising due diligence to secure the information to do so, please so state and answer to the fullest extent possible, specifying your inability to answer the remainder, stating whatever information or knowledge you have concerning the unanswered portion. In the event that an objection is made with respect to any request, state the grounds for the objection and the facts supporting the basis for the objection. You are requested to respond in truth and admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate o cer or director or the like, then you are E,)CHIBI?` requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. Pursuant to Pennsylvania Rules of Civil Procedure 4001 et seq., you are requested to answer each of the Interrogatories hereinafter set forth. You are instructed that: 7. Each Interrogatory must be answered separately, fully, in writing and under oath. 8. Answers must be signed by the person making them and must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after service thereof. 9. Each interrogatory is continuing in nature so as to require supplementary answers if you or your attorney should obtain information that the answer was incorrect when made or becomes no longer true. 10. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. 11. In these Interrogatories: A. The word " erson s " means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "document(s)" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity" "identify" "identification" when used with respect to a erson s means to state the full name and present or last known address and business address of such person(s) and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity" "identify" "identification", when used with respect to a date, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify' when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identify each and every person(s) participating in such an act; (3) identi all other Person(s) (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identi the erson s presently having possession, custody or control of such record. 12. Unless otherwise indicated, all interrogatories herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 13. Any demand herein for documents or tangible things is a request for production pursuant to Pennsylvania Rules of Civil Procedure 4009 and a response is demanded pursuant to that rule. 14. These requests are of a continuous nature. These Requests for Production of Documents shall be deemed continuing so as to require supplemental answers and documents if any information of documents are acquired subsequent to the filing of responses hereto, which information or documents would have been included in the answers and documents produced had it been known or available at the time the answers and the documents provided pursuant hereto were produced. Defendants shall supply such information and documents by supplemental answers and production of documents as soon as such information becomes known or available and in all events, prior to trial of this action. 15. If objection is made to any requests for production of documents, it is demanded that the requests for which there is no objection be answered and furnished within the aforesaid period. 16. All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job title and department from whose files it was produced and the current custodian of said document. 17. If a document called for is believed to exist or is known to exist, but is in the possession, custody or control of another person or party, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the publisher, possessor, custodian or disseminator of such document. 18. If any document called for by this request is withheld on the basis of any claim of privilege or any similar claim, identify that document as follows: author; addressee; indicated or blind copies, date, subject matter; number of pages; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and nature of the privilege or similar claim asserted. INTERROGATORIES INTERROGATORY 1: Identify each and every individual, entity or otherwise, who responded or in any way assisted in providing responses to the Interrogatores, Requests for Documents and/or Requests for Admissions contained herein, including but not limited to, for each: A. Names and last known addresses; B. Telephone numbers C. Relation to Defendant; and D. Basis of knowledge of information provided. ANSWER: INTERROGATORY 2: List the date(s) and amount(s) of all payments made by Defendant, or on Defendant's behalf, to the Plaintiff on the subject credit card account no. 4311966487010256 referenced in paragraph no. 3 of Plaintiff's Complaint herein. ANSWER: INTERROGATORY 3: Please identify any and all witnesses you intend to call at trial, including any and all expert witnesses. ANSWER: REQUEST FOR PRODUCTION OF DOCUMENTS REQUEST FOR PRODUCTION OF DOCUMENTS 1: If any fact upon which you rely, in answer to any part of the preceding interrogatories is evidenced by, or embodied in a writing, produce and permit inspection and photocopying, or attach copies of said writings. REQUEST FOR PRODUCTION OF DOCUMENTS 2: Produce any and all documents evidencing proof of payments made by Defendant, or on Defendant's behalf, to the Plaintiff on the subject credit card account no. 4311966487010256 referenced in paragraph no. 3 of Plaintiff's Complaint herein, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records or data compilations. REQUEST FOR PRODUCTION OF DOCUMENTS 3: Produce all documentary evidence or information substantiating Defendant's denial in paragraph no. 4 of the Answer that the balance due and owing on the subject credit card account no. 4311966487010256 is not as alleged in paragraph no. 4 of Plaintiff's Complaint. REQUEST FOR PRODUCTION OF DOCUMENTS 4_ Produce all documentary evidence or information substantiating Defendant's denial in paragraph no. 5 of the Answer that Defendant is not in default of the cardholder Agreement. REQUEST FOR PRODUCTION OF DOCUMENTS 5: Produce all documentary evidence or information substantiating Defendant's position or belief as to the balance due and owing on the subject credit card account no. 4311966487010256. REQUEST FOR PRODUCTION OF DOCUMENTS 6: Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial that has not already been produced. REQUEST FOR ADMISSIONS Request for Admission No. 1: Defendants have resided at 11 Countryside Court, Camp Hill, PA 17011-1518 from September 29, 2003 to the present. Admitted Denied If the answer to Request for Admission No. 1 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 2: Attached hereto as Exhibit "1" are true and correct copies of the statements for the Defendants' credit card account no. 4311966487010256 showing all charges and payments on that account from September 29, 2004 through June 16, 2004. Admitted Denied If the answer to Request for Admission No. 2 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 3: Defendants are required to make monthly payments to Plaintiff on any outstanding balances owed on the subject credit card account no. 4311966487010256. Admitted Denied If the answer to Request for Admission No. 3 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 4: Defendants have failed to make any payments to Plaintiff on the subject credit card account no. 4311966487010256 since January 27, 2004. Admitted Denied If the answer to Request for Admission No. 4 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 5: Defendants have not submitted any written dispute as to any accounting inaccuracy concerning the amounts demanded by the Plaintiff on the subject credit card account no. 4311966487010256. Admitted Denied If the answer to Request for Admission No. 5 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 6: The balance owed by the Defendants to the Plaintiff on the subject credit card account no. 4311966487010256 as of June 16, 2004 was $5,555.28. Admitted Denied If the answer to Request for Admission No. 6 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 7: The applicable finance charge on the subject credit card account no. 4311966487010256 as of June 16, 2004 was 23.90% per annum. Admitted Denied If the answer to Request for Admission No. 7 is "denied", supply specific written documentation supporting the denial. J e C. Warmbrodt, Esquire A Pa. . #42524 W an, Weinberg & Reis Co., L.P.A. 2 8 Koppers Bldg. 6 eventh Avenue itt urgh, PA 15219 (4 ) 434-7955 Nationals tye CashBuilder PLATINUM PO BOX 23x9 #KA15F5 KALAMAZOO M149003-2349 New Balance Minimum Pa ymeM I Du! Date I 4,076.08 101.00 11113103 Account number 4311 96U 8701 0256 Amount Enclosed $ 43119664870102560004076080000101011 Atltlnu, Chsnls? Pm4 new eadna on back ofosMmonf PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CLOUSER 765 NATIONAL CITY LISA M CLOUSER P.O. BOX 856176 11 COUNTRYSIDE COURT LOUISVILLE, KY 40285-6176 CAMP HILL PA 17011-1518 1.31 5000 0080 1966487O 1O 256 001 CashBuildeir Previous Balance $D.DO REBATE SUMMARY: PLATINUM Payments/Credits $0.00 Prior rebate balance $0.00 Account number 4311 9664 6701 0256 Purchases/D01,10, $1,48024 Rebates earned "a month ST40 Credit Limit $5,000.00 Cash Advances $2.500.00 t/-AdfuMDlenM $O OD AValiable Credit $2D.Do- Finance Charges $95.84 . Avatabte for Cash Advance $0.00 Other Charges $O.DO Rebates issued this month $0.00 Days in Biting Cycle 30 N. Balance $4,076.06 Current rebate balance $7.40 Statement Gowns Date 1W17103 Minimum Payment $101.00 Payment Due Dale 11/13103 TRANSACTIONS Tran Date Poet Data Reference Number Description Amount 09129 09/29 74301738GWGN9TWNDVCASH ADVANCE 2,500.D0 09/29 09/29 'FINANCE CHARGE' CASH ADVANCE FEE 75AD D9130 09/30 24258028JEZ2HMV9JV OVERHEAD DOOR CO 717-938-61(i1 PA 457.50 1D/03 1W03 24258028LWG54MSEA.V CRYSTAL POOLS INC MECHANICSBURG PA 62.48 10104 10/04 24789168NHDV2463RV HAMPDEN VAC SEW CENTER MECHANICSBURG PA 36.84 I D104 10104 24071058NWPBNLLWBV CLEAN SCENE DRYCLEANER CAMP HILL PA 19.6D 10104 ID/04 24164078NMLgVGBG4V RADIO SHACK 00120IDS CAMP HILL PA 20.66 1D/04 10/04 24323018N3E7HQ2X9V GORDONS#4318 CAMP HILL PA 221.53 10104 10104 24398948NKGB65JDEV STYLES SOUTIOUE MECHANICSSUR PA 2525 10104 10104 24435658N0335Z70RV WEARS LIKE NEW MECHANICSBURG PA 26.84 1 W04 10104 2461D438N03RQDAT9V SEARS ROEBUCK 2624 CAMP HILL PA 99.58 101D4 10104 24610445N03PZRTJAV HECHT CO. PROMOTIONAL W CAMP HILL PA 21.19 10/07 10/07 2Y610448T03PLA393V HECHT CO. CLINIQUE COSM CAMP HILL PA 3127 10114 10/14 2425BD29DEZ2HSGBBV OVERHEAD DOOR CO 717-938-6101 PA 457.51) 10/17 10/17 'FINANCE CHARGE' 20.84 FINANCE CHARGES SUMMARY TRANSACTION TYPE DALLY CORRESPONDING ANNUAL FINANCE AVERAGE PERIODIC RATE' PERCENTAGE RATE CHARGE DAILY BALANCE Purchases .DD520% 1.90% $0.00 SD.DO Cash AOVances .04260% 15.55% $20.84 $1,630.83 ANNUAL PERCENTAGE RATE: 46.00% 'THIS RATE MAY VARY SPECIAL MESSAGES BOSS' BAY OCTOBER 16, SWEETEST DA Y OCTOBER tq MOMERW LAW DAY, OCTOBER 2N RECSN 15% OFF YOUR FLOWERS OR GIFT ORDER FROM M. COMI ORDER ONLINE AT W B'WJRD.COMMCBCONSUMER OR DIAL 1-&MSENOi D AND ASR FOR PROMO CODE 2555. EXHIBIT Carg- ,$emms QT$IDe CUSTOMER SERVICE Call: SDO-553-8472 OnOro AOCOYM Access... Anytime or Write to: K-A16-F5, ONE NCC PKWY, KALAMAZOO MI 4BOD9-6003 w ww.nec utlosrvicee .corn NOUcs: See the back of page l for Important information on your account 517D DON OVD 2 7 22 021017 Nge 3 of 3 5624 9600 Y749 01AA5170 766 1,1) IV) Nationall0 ft CashBuildei' PO Box 2x9 0KA1GF5 KALAMAZOO M149003-2x9 N. Balance Minimum Payment Due Daft 4,886.72 124.00 12/15103 Account number 4311 9664 8701 0256 Amount Enclosed $ 4311966487010256000498672000012400 AMe,ac dMrpe,9 PMd ns socre,es an back WWre,me,M PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CLOUSER 762 NATIONAL CITY USA M CLOUSER P O BOX 656176 11 COUNTRYSIDE COURT . . LOUISVILLE, KY 40285-6176 I,I1.II.I.M.l,,,I,II,?I??I?I I CAMP HILL PA 17011-1518 „?III...III,.11II...PIIII II„I 1111.1111.1111 431 SODO DOBD 1966467010256 001 CashBuilde-' PLATINUM Aaount number 4311 DON $7010256 Credit Unit 55.000.00 Analable Credit $13.00 Available for Cash Advance 50.00 Dan In BDNg Cycle 32 Statement Closing Date 11116103 Payment Due Date 1211SM3 Previous Beloncs 54076.08 REBATE SUMMARY: Peyman screD6s S101.00 Prior rebate balance 57.40 Purchases/Debits S944.011 Rebates earned this month 56.84 Cash Advance, 50.00 .h Ad?ushcents EO DD Finance Cheeses $38.64 . CUM Charges 529.00 Rebates Issued this month $O.DD New Bland $4,9116.72 Current rebels balance 51424 Minimum Payment $124.DD ANOVERLIMRFEEWASASSRSEDW YOURACCOUATBAI EXCEEDED THE ESTABLISHED CR®ITLIMR ON 11RW2 Tram Date Post Data Rofmno,Number Description Amount 10177 10/18 2402B4694E7MMS rYV A WELLS PAVING MECHANICSBURG PA 944.DD 11/18 11/18 OVERUMIT FEE 29.01) 10131 10/31 74436OD9GSBZKPXRDV PAYMENT-THANK YOU KALAMAZOO MI 101.000R 11/18 11118 'FINANCE CHARGE' 38.64 FINANCE CHARGES SUMMARY TRANSACTIDN TYPE DA y CORRESPONDING ANNUAL FINANCE AVERAGE PERIODIC RATE' PERCENTAGE RATE CHARGE DAILYBALANCE Purchases .00520% 1.90% $4.03 $2.421.17 Cash Advances .D426D% 15.55% $34.61 $2,538.93 ANNUAL PERCENTAGE RATE: 8.89% THIS RATE MAY VARY SPECIAL MESSAGES YOU'REPROBABLYPAYING TDO MUCH FOR CELLULAR SERV SAVE IATO bmA00.. EVEN5600.00 ANNUALLY 1NT110NEUSY E EASYPX CALL 1-0p}=1}7615 T004Y(RDAW ONUS COME 20013). red _, OTIIIIIC CUSTOMER SERVICE CNb 800-858-8472 Onllrw Aocoum Access... Anytime, or WrBe W: K-A1 B-F5, ONE NCC PKWY, KALAMAZOO MI 49DOO-8003 www.n>cerd se,rv i su.sem Notice: See NM back of Iforimportant page information on your account. 531D DON OMD 2 7 12 031218 Pa Oe 1 of 1 5624 9600 Y/49 DIAA517D 762 NationalCitye PO BOX 2349 SKA16F5 KALAMAZOO MI 4900Y2149 4311966487010256000506110000018710 PLEASE MAKE CHECK PAYABLE TO: NATIONAL CITY P.O. BOX 856176 LOUISVILLE, KY 402B"175 431 5000 0080 19664670&0256 00& CashBuilder3" PLATINUM Accoummmber 43110664870102511 Credit Um0 S5.0D0.00 Available Credit S01.D0- AvaSable for Cash AManoe $0.00 Days in Silting Cycle 29 Statement Closb%g Data 12117!03 Payment Due Date 01/13/D4 Cash$uilder'" PLATINUM New Balance Minimum Payment Due Data 5,061.10 I 187.10 01113AU Account number 4311 0654 57010266 Amounl Enclosed $ AWMU cheeps? Peru new Odense ne hack oleleremeM RUSSELL E CLOUSER 74( USA M CLOUSER 11 COUNTRYSIDE COURT CAMP HILL PA 17011-1518 Previous Balance 54,985.72 REBATE SUMMARY: PayrroMslCrsdlb $124.00 Prior rebels balance $1424 PurtlrecetlDaNb $134.61) Rebates earned Oat month $1.35 Cash Advances SOAD M_ Ad)UsbnenM SD.OD Finance ChaVes 534.78 Rebates issued Oft mon01 $15.59 Dow Charges S29.01) New Balance 85,061.10 Currant rebels balance $0.01) Minimum Payment $187.10 AN OVERLIYfl PEE WAS ASSESSED WHEN YOUR ACCOUNT SAL.ANCE EXCEEDO THE ESTA'USHED CRED1f LMR ON 13/17V3. TRANSACTIONS Tran Date Post Date Reference Number Description Amount 12112 12112 24BID43AV03POSSOW BOSCDV S 1012 CAMP HILL PA 20.98 12113 12/13 244450DAWLSLIKS30V BARNES 6 NOBLE 12046 HARRISBURG PA 12.72 12/13 12113 2444500ANLSLIKSSW Im WHOLESALE 10025 WOX HARRISBURG PA 14.98 12/13 12/13 246ID43AW03PDHO/AV BOSCOV'S 0012 CAMP HILL PA 85.92 12117 12/17 OVERUMIT FEE 29.OD 121(A 12104 7443600NS8IIBBYZV PAYMENT THANK YOU KALAMAZOO MI 124.000R 12117 12117 'FINANCE CHARGE' 34.78 FINANCE CHARGES SUMMARY TRANSACTION TYPE CORRESPONDING R AL R C PERIODIC RATE' ATE HA GE DALLY SAIANCE Purchases .DD52D% 1.9D% $3.67 $2,432.88 Cash Advances .04250% 15.55% 531.11 42,517.91) ANNUAL PERCENTAGE RATE: 8.84% 'r1116 RATE MAY VARY G-' i $0"cm CUSTOMER SERVICE Call: 500-558-11!72 online OMlm AecourtAces,... Whas or Write to: K-A18-F6, ONE NCC PKWY, KALAMAZOO IS 49009-8003 www. n uc• r d a a rv i oss. o 0 m Notice: Sea the back of page l for Important lnforrrlatim on your account. 5170 OD05 DSD 2 7 12 031217 D Page 1 of 1 5624 96DO Y/49 01/.A517D 746 106119 26-V440 CashBuilder3" PLATINUM ISSUE DATE 17/17/2003 EXPIRATION DATE 07/01/2DD4 PAY TO THE ORDER OF RUSSELL E CLOUSER and LISA M CLOUSER $15.59 FIFTEEN AND 59/100 DOLL.AI 1latluadtb, Mar16ry ba (elunN. ql 87010256 106 1&9 044000011 657394585 NstionalC , CashBuilder PLATINUM PO BOX 2319 9KA161`5 New Balance Minimum Payment Due Dab KALAMAZOO M149003-2319 I 195.08 02215/04 5,069.08 Account number 4311 9664 8701 0256 Amount Enclosed S 43119664870102560005069080DO019508 Amlauchenga2 PMI new aoUnuua oa lACk orneamanr PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CLOUSER Is9 NATIONAL CITY USA M CLOUSER P.O. BOX 856178 I1 COUNTRYSIDE COURT LOUISVILLE, KY 4D285.6178 CAMP HILL PA 17011-1578 I,I„Illr„„1,11„I„I,I,rll,r„rlll„rl,ll„I,,,I,Iir,l.,l,l Ir,.IiI.,,III.,,,r?il,,, Ilr??ll,l, I,,,rlll„I„„II,,,II„II,I Lai 5000 OOBO 19661.84DiO256 001 CashBuilder PLATINUM Accountmrmber 4311966487910259 Credit LSNI $5,000.00 Available Credit a89.00- AvallabbforCash Advance SOMD Days in BIBmg Cycle 33 Statement Closing Dale 01/19N4 Payment Due Date 02i'law Prewoce Balance $5,061.10 REBATE SUMMARY: PaymenlefCreNle $187.10 Prix rebate balance SOAD Pud+aeaslDebXS 512825 Rebates earned 0us month $0.63 Cash Adwnces $0.00 +/-AcQustments SO.OD Finance Charges $39.83 DOW Charges $29.00 Rebates Issued INS month SO.DD New Balance $5,089.08 Current rebels balance $0,63 Minimum Payment $195.DB AN OVERin1R FEE WASASSESSED INNER YOURACCOUNTBALANCE EXCEEDED THE ESTASUSNE0 CREDIT LIMIT ON 01X SAN TRANSACTIONS Train Data Post Data Reference Number Description Amount 01/02 01/02 2445501QJ025ELWZV SUPERPETZ#227 MECHANICSBURG PA 42.36 01/02 01/02 24610430KDOFOKYNUV THE HOME DEPOT 4120 MECHANICSBURG PA 16.87 01103 01103 2479262CMELS7Pl.6V RUBY TUESDAY 93981 MECHANICSBURG PA 67.00 01119 01119 OVERUMIT FEE 29.00 12130 1213D 744360080SSZL42HSV PAYMENT THANK YOU KALAMAZOO MI 187ADCR 01/19 01/19 'FINANCE CHARGE' 39.83 FINANCE CHARGES SUMMARY TRANSACTION TYPE DAILY CORRESPONDING ANNUAL FINANCE AVERAGE PERIODIC RATE' PERCENTAGE RATE CHARGE DAILY BALANCE Purchases .00520% ISD% $4.29 $2,499.63 Cash Adwnces .04260% 15.55% 535.54 $2,528.55 ANNUAL PERCENTAGE RATE 8.76% 'THIS RATE MAY VARY SPECIAL MESSAGES A W Ip W O L A TE FEEd Y FASYJUST MAKE Sf StE YDIATYNRYUM MONTHLYPAYMAIL STATEMENT. BYTNE DIEDATE PRWT® ON YOUR STAATEMENT. CLABI YOUR REWARD TODA W A$A NATIONAL CRY CARDM919ER. YOU CAN CLAIM/OGN-GUAUTYMERCHANDISE REWARDS FROM BRANDS SUCH AS DISNEY LENOY TDNKA-AND MARY MORAI JUST 60 ONLINE TO ENTER YOUR REWARD CER FIRCAT E 0!0648 AT WWWJiEWARDCENTERCON. FEATURED REWARDS AND SPECIAL DEALS ARE FREOUEMLY WDATED, SO ACTNOW TO GET YDINt REWARDI R'S YOUR MONEY, DONTLET 711E GOVERNMENT KEEP RI WTTN DRS E-RUE FROM EZTAXRETURN.COY YOU CAN COMPLETE YOUR TAXES W ABOV730 MWUM$ AND BFT VOIM REFIAIDW ABOUT 10 DATS ALL FOR UNDER$ A SIMPL Y DO To WWWEZTAVtEn4tN Coll, ENTER COUPON CODE NCW4 AND SAVE YOUR SATISFACTON M GUARANTEED. Vane CUSTOMER SERVICE Call: SOD-558-8472 oniseAceoum Acaae... Aptlme or Write to:K-AI6-F5, ONE NCC PKWY, KALAMAZOO MI 49009-8003 www.nc-car asarvi....cam Notice: Smthe back of pugs I for Important information an your accounL 5170 OD03 O9D 2 7 12 040119 OPo9e I of 1 5624 9600 Y149 DIAA5170 759 Natiorialc2ye CashBuilder PLATINUM Po Box 2 m VKA16F5 KALAMAZOO MI 49011-2349 New Balance Minimum Payment Due Dad 4,937.92 I 53.82 03/15100 Account number 4311 9664 37010256 Amount Enclosed S 4311966487010256000493782000005392 Am au .??Pmcn.w.eer.:...a.?+mmrom.m PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CLOUSER 749 NATIONAL CITY LISA M CLOUSER P.O. BOX 656176 11 COUNTRYSIDE COURT LOUISVILLE, KY 40265-6178 CAMP HILL PA 17011-1516 I, I„III...„I,II„Ir, I,I„II,..,,IIIr„I,Ilr?l„,I,II„I,rl,l I,r,ll I,,,III,,,,,.II,,, Il,?rll,l, I„„Illrrl,.,,ll,,,ll„11,1 431 5000 DOBO 1966487010256 001 CashBuilder PLATINUM AOeountnumber 4311966,497010256 Credit Limit $5.000.00 Auslable Credit $62.00 A"Pable for Cash Advance $0.01) Days in Signs Cyds 29 Statement Closing Date OW17104 Payment Due Date 0311SID4 Previous Belem $5,D69.011 REBATE SUMMARY: Paymand/Crsdta 5195.08 Prior rehab balance 50.63 PuRhmeslDeMts SO.OD Rebates earned this month 40.00 Cash Advances $0.00 +/- Adjustments SOD() Finance Charges $31.82 Other Charges 52100 Rebates issued Ous month $0.00 New Balance $4,937.92 Current rebate Mien= WAS Minimum Payment $53.92 AN OVERUSIIT FEE WAS ASSESSED WHEN YOUR ACCOUNT BALANCE EXCEEDED THEESTABUJOED CREDITLIMR ON PVF7A . TRANSACTIONS Trap Date Post Dad Reference Number Description Amount OW17 D2117 OVERLIMIT FEE 29.DD 01127 0127 74436DDDBSMSNOSV PAYMENT THANK YOU KALAMAZOO MI 195.DBCR 02/17 02117 'FINANCE CHARGE' 34.62 FINANCE CHARGES SUMMARY TRANSACTION TYPE PERIODIC RATE' CORRESPONDING RATE AL CHARGE DAILY BALANCE Pumhases .00520% I.SD% 53.64 $2,41428 Cash Advances .D425D% 15.55% 531.18 42.523.63 ANNUAL PERCENTAGE RATE 8.68% THIS RATE MAY VARY SPECIAL MESSAGES TS YOUR SIDNEY, PONT LET THE GOVERNMENT KEEP In WITH IRS E-ALE PROOF QTAOtEnw com YOU CAN coawLE'TE YOUR TAXES W ABOUT SO MIMUM AND GET YOUR PURIM IN ABOUT 10 DAYS ALL FOR (RIDER $23. SARMY 00 TO WWWEZTA)GIS"NC011, ENTER couvoN CODE NC3174 AM) SAVEl YOUR SATISFACTION IS GUARANTEED. YOUVEOOTABUSYLME. LET USMUN. ER PAY YOUR GALS AND RECEIVE UP To 2% CASH BACIU CONTACT YOUR TELEPHONE GBLE TV INsmamea FITNESS, AND UTILITY SERWCE PROWDERS TO SET UM AUTOMATIC PAYMENTS FROM YOUR USHBUM ACCOUNT. GREAT ONLWE DEALS! RECEIVE 15% OFF YOUR FLOWERS OR OUT ORDER FROM FMCOA11 ORDER AT WWWPTD.COMMCBCONSIAMER IF YW RE NOT SHOPPING AT WW1VJ"SREM MS. COAL YOURE PAYING m0 MUG!. UP TO 20%REBATES DN vP t.'-,'eFo'se CUSTOMER SERWCE Call: 000-553-6472 One. A .wa A...... AnyU. or Write to: K-AIS-F5, ONE NCC PKWY, KALAMAZOO MI 19009-61)01 w ww. n c-c a r d a. r v i....... Notice: See the track of page i for Important information on your accounL 5170 3003 OHD 2 7 12 D40217 Peg. I f 1 5624 9600 Y149 Ol AA5170 748 NnuonaliCKK PO BOX Z049 M(A1SFS KAfAMAZ00 M149000-23,19 . CashBuilde?p PLATINUM Nee Balance II Minimum Payment II Due Dab 5,04936 f 229.26 1 04113106 Amount number 4311 9664 97010256 Amount Enclosed $ Areas. olwrpeP PrIN neea44ne, on bed: o/Neaounr 4311966487010256000504936000022928 PLEASE MAKE CHECK PAYABLE TO: NATIONAL CITY P.O. BOX 656176 LOUISLALLE, KY 40285-6176 ,1.,111.,,,,1,11.,1„ I,1„11,,.,.111.„ 1.31 SD00 0080 Y9661.870&02S6 OD& CashBuilder PLATINUM Account number 4311 9664 6701 0255 Credit LknH $5,000.00 Available Credit 649.00- AveeabbforCash Advance $0.00 Day, in BIIBng Cyds 29 Statement Closing Data 03117104 Payment Da Data 0V13AM RUSSELL E CLOUSER 609 USA M CLOUSER 11 COUNTRYSIDE COURT CAMP HILL PA 17011-1516 Pmious Belem $4,937.82 REBATE SUMMARY: Paymmuaa/Qadik $0.00 Prior rebels balance $0.63 PMTheses4Deblis $0.00 Rebates earned this mono $0.00 Cash Advaneee 50100 -/_ Adjustments S0.0D Finance Chug" 553.54 Other Charges $58.00 Rebates issued this month $0.00 New Belsnoe $5,049.36 Carrel rebels balance 50.63 Minimum Payment 522928 Past Due Balance $53.92 YOURASCOUNTI5OVENSDDAYSPAS7DOE PLEASE NEMIT THE PAST DUE AMOUNT ZNMEDMTELY. AN OVE%/M/TFEE WASASSESSED WHEN YOM ACCOUNTBALANCE EXCEEDED THE ESTABLISHED CREDIT LIMIT ON M7AN. TRANSACTIONS Tran Data Post Date Reference Number Descriplion Amount 03117 03/17 OVERLIMIT FEE 29.00 03117 0WIT LATE FEE 29.DD 03117 03/17 'FINANCE CHARGE' 53.54 FINANCE CHARGES SUMMARY TRANSACTION TYPE DAILY CORRESPONDING ANNUAL FINANCE AVERAGE PERIODICRATE• PERCENTAGE RATE CHARGE DAILY BALANCE Purchases .03147% 11.49% 522.08 $2,41927 Cash Advances .D4260% 15.55% 531.46 $2,546.33 ANNUAL PERCENTAGE RATE: 13.57% 'THIS RATE MAY VARY SPECIAL MESSAGES I:ONGRatt/LATIOEL YOWEs" SEEN 1IffleGAADET) roEIRESTATUS CNECNYDUR M46 FOR.1LALL ?DETAILS ONYOURNEW OMEFFTS-LJWA ASY-T -READ PgraO STIONS WWfISREADSTAT?IEIPI. FCAVOIA'ST NA7IONALCRY.COeaB/fEQWUES 7lONS ON5 OR CALL dp0-522-1165 .C.rro ".ee CUSTOMER SERVICE CHI: 600-556-11472 Online Aoeount A,ome... Ammea, or WrIta to: K-A16-FS, ONE NCC PKWY, KALAMAZOO MI49009-6003 www.n ecw,a, erri....som Notli Sell the back of papa l for Important Information on your amounL 5170 0005 OVD 2 7 12 040317 1 Pe9e 1 of 1 5624 9600 Y149 DIAASllO 609 PO BOX 3319 OKA16F5 New Balance $5213.54 KAIAAIAZOD MI4B009-2349 Minimum Payment $523.46 Dw Data M1304 Accalml Number 43119564$7010256 43ll9664870102560005213540000 52346 Tmal Enclosed E Aa6ren w Eme1 cban9si Mm raw etlana an beck LL LLLLeeant By meL YPUrPremW maY Wu 5-7 saye M rutl,,a. PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CL.OUSER 254 LISA M CLOUSER NATIONAL CITY 11 COUNTRYSIDE COURT P.O. BOX 856176 CAMP HILL PA 17011-1518 LOUISVILLE, KY 40285-6178 431ir 50DO 0080 3966487060256 001 CashBuildcr° Elite vim NatbnMCNy.corWCardSwvkes Credll Cam Account Make Payments, review bereadicns and morel 4311 9664 9701 0256 At Your Service: S0D-558-8472 M NI peyments In NatmW CIS' P.D. BDX 6SSl7S, L0Lfl ILLF KY 40285-6175 Account Summary Previous Balance $5,04936 Craig Lima $5,00D.00 PaymenlyCretllls - $0.00 Available Credit WDO PurchaweaVabits + SS4.D0 Ava " for Cash Advance $0.00 Cash Advances + $0.00 Statement Closing Date DOWD4 Finance Charges + $100.18 Paymem Due Date 05113ID4 New Balance = $5,213.54 Minimum Payment • S523A6 Past Ow Arntrum $179.92 YOUR ACCOUNT I6 CURRENTLY CLOSED. PAYMENT ON YWR ACCOUNT M W DAYS PAST WE VR*CN MAY NAVE CAUSED AN INCREASE IN YOUR ANNUAL PERCENTAGE RATE PLEASE REMIT PAYMENT. AN OVERLIYIT FEE WAS ASSESSED WHEN YOUR ACCOUNT BALANCE EXCEEDED THE ESTABLISHED CREDIT UMIT ON ON76054. Rewards Summary Preows + Earned This Month +I- Adjwbmnts - Issued This Montle Cument 0.53 O.DO D.DO 0.00 0.63 Transactions Tru,Date PcenDela RNennw Number Deac",m Dabie Credits W16 WE OVERUMIT FEE 29.OD MIS W76 LATE FEE 35.00 MIS we 'FNANCE CHARGE' 100.18 Paladc RLLa X Daysin X Slbiacllo e Purchases 2390% .06547% x 30 x $2,513.97 = $49.37 Cash Advances Cash Advances 23.90% .05547% x 30 x $2.587.11 _ _ $50.81 Annual Percent ge Rate a 23.90% Finanee Charges a $11XIAS 5170 OOOI Sao 1 7 22 00436 E F Page 1 of 1 5624 9600 IC74 O1 AA5170 254 PO BOX 2319 WA161F5 Now Balance $5.387.99 KAtAMA20D 1,94900 0-2349 Minimum Payment SB31.91 Due Date D6114P1)4 Accoum Number 4311 9664 8701 0256 431196648701025 6000538799000083191 Total Enclosed a Md. or E.P mange? Pont new aE4reaa on beck of stnamenl by met. your oWnwol may lake 5-7 clays, IP reach uc PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CLOUSER 673 LISA M CLOUSER NATIONAL CITY I I COUNTRYSIDE COURT P.O. BOX 856176 CAMP HILL PA 17011-1518 LOUISVILLE, KY 40285-6176 ?IIII????rlll,?I??I?I„II..r.,Ill ,,,lrllr?l?r,lrll??l,.Ir 43{ 5D00 0080 i966L.B70i0256 001 CashBuildera" Eke VNa NaOOhaICky.ewNCa dSaryips Credit Card Account Make Payments, review barwa brM ant morel 4311 9564 8701 0256 At Your Service: BOD-SM-8472 Met "em m b: Netonal Cly P.O. BOX 858176, LOUISVILLE, KY 40285-6176 Previous Balance 55,213.54 Credft Unit $5,000.01) Paymoss/CredBS - $0.0D Available Credo 50.DD PurchaseslDebOs + $64.00 AvalMbb for Cash Advance $0.00 Cash Advances + WOO StatarreN Cbekp Data OSMaP04 Finance Charges 5710.45 Payment Due Date 06/14104 New Balance $5,387.99 Minimum Payment • $931.91 Past Due Amount $30992 YOUR ACCOUNT IS CURRENTLY CLOSED YOU NAVE NOT RESPONDED TO OUR PREWOUS REQUESTS FOR PAYMENT. YOUR ACCOUNT PRIVILEGES RAVE BEEN REVOKED. RWrr THETOTALAMOUNTOUETODAYI AN OVEPIW FEE WAS ASSESSED WIZEN YOUR ACCOUNT BALANCE EXCEEDED THE ESTABLISHED CREDR UMIT ON 00 Base. Rewards Summary Previous + Earned This Month +/- Adjustments - Issued This Month . Current 0.63 O.OD 0.00 0.00 D.DD Transactions TreoCals PoettyNe Fes.. Number Deerpton Cause Cradis owls 05118 OVERUMIT FEE 29.00 owl$ Dana LATE FEE 35.00 05/18 owl$ -FINANCE CHARGE- 110.45 Period, Rate X Dave In X SubHG 1, _ Purchases 23.90% .06547% x 32 x $2,632.12 $55.14 Cash Advances Cash Advances 23.91)% .06547% x 32 x $2.640.14 • 855 31 Annual Percentage Rate • 23.90% Finance Charges • $110.45 Silo oool 9NO 1 7 12 D40518 E X Page 3 of 1 $624 9600 X(74 DIAn5170 673 PO BOX 2315 RKAIGFS Neal Balance $5.55528 KALAMAZOO W 49003-234a MiNmum Payment $1,13720 Due Dade 07113104 Account Number 4311 9664 87010256 4311966487010256000555528000113720 Total Enclosed $ Address; or Ema9 dun9ea Print new atlM1eas on look ofamment. By ma, yourpeymri may take b7 Says b nuoh W. PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CLOUSER 660 LISA M CLOUSER NATIONAL CRY 11 COUNTRYSIDE COURT P.O. BOX 856176 CAMP HILL PA 17011-1518 LOUISVILLE, KY 40285-6176 .1.1111. . . . . I . I I l l .... l.. .l.ll.tl...l.li..l..l. A31 5000 ODBO 3966487010256 DO$ CashBuitdet' EMS Vw NatlonsiCNy.ccmlCardSoind Crack Card Account Make payments, review berrcacBmis entl morel 4311 9664 6701 0256 At Your Service: 8003513-8472 Man Feymenn W. Nelaul CRY P.O. BOX 856176, LOUISVILLE. KY 40195-6176 Account Summary Previous Balance 55,307.99 Crean Lima $5,000.00 Paymescoc its - $0.00 Available Credit 50.00 PurchasesMeblts 864.OD Avallabb for Cash Advanos SD.OD Cash Adyances + $0.00 Statement Closing Date 06/16/01 Finance Charges + 510329 Payment Due Data 07113104 New Balance • $5,555.28 Minimum Payment 51,13720 PM Due Amount $443.92 MR ACCOUNT IS CURRENTLY CLOSED. YOUR ACCOUNT M FOUR MONTHS DELINQUENT. CONTACT OUR OFFICE RMUSBATELY. AN OVERLRDT FEE WAS ASSESSED WHEN YOUR ACCOUNT BALANCE EXCEEDEO THE ESTABLISHED CREDIT LIMrT ON But 6a4. Pre,Aous + Earned This Month +/- Adjustments - Issued This Month = 0.00 0.00 O.OD O.OO 16 66/18 ?RLIMM E FEE 29.00 M16 W16 LATE 'FINA ME 35.09 MIS OSte (IfJt6 'FINANCE CHARGE' 50328 Finance Charee Summa ComapoMM9 Annual Daly Avg DORY Beam Finn.ce Pamm" Parioeic Rate X Days F X Subjem to Choose for Rate (APRI (mw nry) Sam Perot FMan. Clams This Porio6 Purchases Purchases 23.90% .D6547% x 29 x $2,746.71 • $52.15 Cash Advances Cash Advantxs 2390% .DB547% x 29 x $269336 • S5114 Annual Percentage Rub' 28.90% Finance Charges • $10329 1,170 WD4 9N0 1 7 12 00616 E y ye9e 1 0 1 5624 9600 %V4 D1645170 660 CERTIFICATE OF SERVICE A true and correct copy of Interrogatories, Plaintiffs Request For Admissions and Request for Production of Documents has been served by U.S. Mail, Postage Pre-Paid, on the i ?7` day of Y (I 20 bA5, upon the following: Russell E. Clouser and Lisa M. Clouser 1 I Countryside Court Camp Hill, PA 17011-1518 Russell E. Clouser and Lisa M. Clouser I 1 Countryside Court Camp Hi11, PA 17011-1518 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff, vs. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 RUSSELL E. CLOUSER AND CIVIL - LAW LISA M. CLOUSER, Defendants. CERTIFICATE OF SERVICE I certify that a copy of the foregoing Plaintiff's Request for Interrogatories, Request for Production of Documents and Request for Admissions was sent on the 22nd day of April, 2005, by mailing a copy of the same via Certified mail number 7004-0550-0000-2718-5273 to the following person(s): William T. Molczan WELTMAN, WEINBERG & REIS Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 By: Jeff Haulman 229 West Dauphin Street Enola, PA 17025 Certificate of Service - Page I of 1 EXHIMI Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff, vs. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 CIVIL - LAW RESPONSE TO INTERROGATORIES COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants, and hereby responds to National City Bank, Plaintiff's Interrogatories, as follows: Interrogatory I . Identify each and every individual, entity or otherwise, who assisted in providing responses to the Interrogatories, Requests for Documents and/or Request for Admissions contained herein, including but not limited to, for each : A. Names and last known addresses; B. Telephone numbers C. Relation to Defendant: and D. Basis of knowledge of the information provided. Page] of 3 Response: Defendants are preparing and answering these Interrogatories, Request for Documents and Request for Admissions. Interrogatory 2. List the date(s) and the amount(s) made by the Defendant, or on the Defendant's behalf, to the Plaintiff on the subject credit account no. 4311966487010256 referenced in paragraph no. 3 of the Plaintiff's Complaint herein. Response: After a reasonable investigation, Defendant's do not remember all the date(s) or the amount(s) made by the Defendants or made by others on the Defendant's behalf towards credit account no. 4311966487010256. Interrogatory 3. Please identify any and all witnesses you attend to call at trial, including any and all expertwitnesses. Response: Defendant's witnesses for trial have not yet been identified or determined at this time. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 22nd day of April 2005. Page 2 of 3 Respectfully submitted and signed by Russell E. Clouser and Lisa M. Clouser, .??tv ?1Z C??2c? Page 3 of 3 Russell E. Clouser and Lisa M. Clouser I 1 Countryside Court Camp Hill, PA 17011 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff, VS. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 RUSSELL E. CLOUSER AND CIVIL -LAW LISA M. CLOUSER, Defendants. RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS Propounding Party: National City Bank Responding Party: Russell E. Clouser and Lisa M. Clouser COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants, and hereby responds to National City Bank, Plaintiff's Request for Production of Documents, as follows: Request No. 1. If any fact upon which you rely, in answer to any part of the preceding interrogatories is evidenced by, or embodied in writing, produce and permit inspection and photocopying, or attach copies of said writings. Response: Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Also, see attached a copy of the back of the National City Bank monthly billing statement exercising Defendant's right to withhold Page 1 of 4 payment on the entire disputed amount until Plaintiff complied to Defendant's billing error dispute error. Request No. 2. Produce any and all documents evidencing proof of payments made by Defendant, or on Defendant's behalf, to the Plaintiff on the subject credit card account no. 4311966487010256 referenced in paragraph no. 3 of the Plaintiffs Complaint herein, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records or data compilations. Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendants. Request No. 3. Produce all documentary evidence or information substantiating Defendant's denial in paragraph no 4 or the Answer that the balance due and owing on the subject credit card account no. 4311966487010256 is not as alleged in paragraph 4 of the Plaintiffs Complaint. Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendants. Plaintiff failed to answer the Defendant's Request for Production of Documents which was to provide additional documentary evidence, not monthly billing statements, such as copies of document, bookkeeping entries, journals or records for the Defendant's account which is Page 2 of 4 the underlying evidence for all debits and credits that the Plaintiff claims Defendants owe. Request No. 4. Produce all documentary evidence or information substantiating Defendant's denial in paragraph no 5 of the Answer that the Defendant is not in default of the cardholder Agreement. Response: Defendants sent Plaintiff a billing dispute letter requesting a full investigation into this error and requested additional documentary evidence of the indebtedness. Defendants exercised their right to withhold payment on the entire disputed amount until Plaintiff complied to the Defendant's billing error dispute letter. Defendants were not in default of the cardholder's Agreement. Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Also, see attached a copy of the back of the National City Bank monthly billing statement exercising Defendant's right to withhold payment on the entire disputed amount until Plaintiff complied to Defendant's billing error dispute error. Request No. 5. Produce all documentary evidence or information substantiating Defendant's position or belief as to the balance due and owing on the subject credit card account no. 4311966487010256. Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendants. Plaintiff failed to Page 3 of 4 answer the Defendant's Request for Production of Documents which was to provide additional documentary evidence, not monthly billing statements, such as copies of document, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all debits and credits that the Plaintiff claims Defendants Request No. 6. Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial that has not already been produced. Response: Objection. The Request is seeking information that is not yet available. Without waving the objection, Defendants reserves the right to supplement the response at a later date or at trial, or when additional documents become available. Dated the 22nd day of April 2005. Respectfully submitted and signed by Russell E. Clouser and Lisa M. Clouser, P0 Page 4 of 4 Russell E Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff, VS. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 RUSSELL E. CLOUSER AND CIVIL -LAW LISA M. CLOUSER, Defendants. RESPONSE TO REQUEST FOR ADMISSIONS Propounding Party: National City Bank Responding Parry: Russell E. Clouser and Lisa M. Clouser COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants, and hereby responds to National City Bank, Plaintiffs Request for Admissions, as follows: Request No. 1. Defendants have resided at 1 I Countryside Court, Camp Hill, PA 17011-1518 from September 29, 2003 to present. Response: Denied. Defendants have resided at 11 Countryside Court, Camp Hill, PA 17011-1518 from May 26, 1994 to present. Page 1 of 5 Request No. 2. Attached hereto as Exhibit "1" are true and correct copies of the statements for the Defendants' credit card account no. 4311966487010256 showing all charges and payments from September 29, 2004 though June 16, 2004. Response: Denied. Plaintiff failed to answer the Defendant's Request for Production of Documents which was to provide 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 credit card account no. 4311966487010256. Request No. 3. Defendants are required to make monthly payments to Plaintiff on any outstanding balances owed on the subject credit card account no. 4311966487010256. Response: Denied. Defendants sent Plaintiff a billing dispute letter requesting a full investigation into this error and requested additional documentary evidence of the indebtedness. Defendants exercised their right to withhold payment on the entire disputed amount until Plaintiff complied to the Defendant's billing error dispute letter. Defendants are not required to make a payment until Plaintiff complied to the Defendant's billing error dispute letter. Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Also, see attached a copy of the back of the National City Bank monthly billing statement exercising Defendant's right to withhold Page 2 of 5 payment on the entire disputed amount until Plaintiff complied to Defendant's billing error dispute error. Request No. 4. Defendants have failed to make any payments to Plaintiff on the subject credit card account no. 4311966487010256 since January 27, 2004. Response: Denied. Defendants sent Plaintiff a billing dispute letter requesting a full investigation into this error and requested additional documentary evidence of the indebtedness. Defendants exercised their right to withhold payment on the entire disputed amount until Plaintiff complied to the Defendant's billing error dispute letter. Defendants did not fail to make a payment until Plaintiff complied to the Defendant's billing error dispute letter. Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Also, see attached a copy of the back of the National City Bank monthly billing statement exercising Defendant's right to withhold payment on the entire disputed amount until Plaintiff complied to Defendant's billing error dispute error. Request No. 5. Defendants have not submitted any written dispute to any accounting inaccuracy concerning the amounts demanded by the Plaintiff on the subject credit card account no. 4311966487010256. Page 3 of 5 Response: Denied. Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Request No. 6. The balanced owed by the Defendants to the Plaintiff on the subject credit card account no. 4311966487010256 as of June 16, 2004 was $5,555.28 Response: Denied. Plaintiff failed to answer the Defendant's Request for Production of Documents which was to provide 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 Defendants owes. Request No.7 The applicable finance charge on the subject credit card account no. 4311966487010256 as of June 16, 2004 was 23.90% per annum. Response: Denied. Plaintiff failed to answer the Defendant's Request for Production of Documents which was to provide 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 and the finance charge that the Plaintiff claims Defendants owes. Page 4 of 5 Dated this 22nd day of April 2005. Respectfully submitted and signed by Russell E. Clouser and Lisa M. Clouser, pm? Page 5 of 5 National City Bank K-A16-F5,One NCC PKWY Kalamazoo, MI 49009-8003 February 23, 2004 RE: Billing Error on Account # 4311-9664-8701-0256 Amount in Dispute: $ 4937.82 Dear National City Visa: I am writing regarding the above account. I believe that my most recent statement, 02/17/04 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 02/17/04. 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 02/17/04. 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 National City Visa over the phone. I am requesting that all communications be conducted in writing, and I appreciate your honoring my request. SMsse R lo user II Countryside Court Camp Hill, Pa 17011 Certified Mail#:7003-3110-0006-2758-8144 e? e. Cradling of Payments The top portion of this statement rust accompany your payment. If payments are received by us at P C. Box 856176, Louisville, KY 40285-6176 by 600 PM. they will be credited as of the following business day. It you make payments at any other authorized banking location or 1 you tail to i etum the top portion of this statement with your payment, the crediting of such payments to your amount maybe delayed up to 5 days. Grace Period on Purchases You may avoid finance charges on the Purchases portion of your New Balance ii you paid in full your previous New Balance by your Due Date. The grace period is not applicable to cash advances or bal ance transfers. Balance Calculation for Purchases Finance charges on Purchases accrue from the date of each transaction. We figure the finance charges for Purchases by applying the periodic rate for Puchasas to the Average Daily Balance for Purchases. To get you] Average Daly Balance for Purchases, we take the beginning balance of Purchases for your Account each day, and If legally permissible, unpaid finance charges and fees that apply to Purchases, add any new Purchases (it you have not paid in full your previous New Balance Wore the Due Date) and subtract any payments andcredks that applyto Purchases. This gives us the Daily Balance for Purchases. Then, we add all the darybatances for Purchases forthebillingcycle anddivide by the total nun'bei of days in the billing cycle. This gives us the Average Daly BalanceforPulchases. Balance Calculation for Cash Advances, A finance charge will be imposed on all Cash Advances from the data of each Cash Advance. We figure the finance charges for Cash Advances by app'yfng the penodc ratetoTCash AdvancestotheAverage Daly Balance torCash Advances. To get your-Average Daily Balance for Cash Advances, we take the beginning balance of Cash Advances for your Amount each day, and t legally permissible, unpaid finance charges and fees that apply to Cash Advances, add any new Cash Advances, and subtract any payments and credits that apply to Cash Advances. ibis gives us the Daly Balance for Cash Advances. Than, we add all the daily balances for Cash Advances forthe billing cycle and divide by ihetotal number of days in the billing cycle. This gives us the Average Daily Balancefor CashAdvances. Balance Calculation for Balance Transfers. A finance charge will be imposed on all i3alanceTransfefsfrom the date each bansterchec)c is wnttmbyus. We figure the finance charges for Balance Transfers by applying the periodic rate for Balance Transfers to the Average Daily Balance for Balance Transfers. To get yourAverage Daily Balance for Balance Transfers, we take the beginning balance of Balance Transferstoryour Account each day, and t legally permiesbe, unpaid financecharges andfeesthat applyto Balance Transfers, add mynew Balarx;eTiansfers and subtract any payments andcredtsthatapply to Balance Transfers. This gives us the Daily Balance for Balance Transfers. Then, we add all the daily balances for BalanceTransfers for the billing cycle and drvide by the total number of days in the billing cycle. This gives ustheAverage Daily Balancetor Balance Transfers. The finance charge maybe determined by (1) mull plying each of the Average Daily Balances by the number of days in the billing cycle, (2) multiplying each of the result by the applicable dailypenodlo rate, and (3) adding each of theseproducts together. Annual Foe Renewal MoSca. 11 your credit card agreement provides for an annual fee, the annual fee will be billed on your credit card statement once a year. You will have 30 days from the date that the statement is mailed in which to terminate your credit card and have your account cretlitetl for the fee. If you decide to terminate your card, you may continue to use your amount during the 30 day period. After that, you may not make any further purchases or cash advances on your amount. The tends of this notice do not apply to business accounts, sminaR{oMs Summary. In Case of Errors Or Questions About1foar &II. If you think yourbill is wrong, cr it you need more intonation about a transaction on your bill, write us on a separate sheet at the Customer Service address listed on your bill as soon as possible. We must hear from you no later than 6D days afterwe sentyou thefirstbil on which the en'or orproblem appeared. You can telephone us, but doing W will not preserve your light. In your letter, give usthetotiming information: Your name and amount number, The dollaramount of the Suspected error Describe the error and explain, it you can, why you believe there is an error. If you need moreinionnatim, describethe itemyou ale una:re aba 2. You do not have to pay any amount in question while we are investigating, butyou are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot repot you as delinquent or take any action to collect the amount you question. Speelal Rule For Credit Card Purchases. If you have a problem with the quality of goods or services that you purchased with a areal card. and you have tried in good faith to correct the problem wish the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price was more than E50 and the purchase was made in your home state or within 100 miles of your current mailing address. (If we cum or operate the merchant or it we mailed you the advertisement for the property or services, alt purchases are ccvwad regardless of amount or location of purchase). This Is an attemptto collect a debt and any Information obtained will be usedforthatpurpose. Visit us at www,noC rdselvices.com to obtain amount transaMian information, make payments online, or view recent activity! O1jr051 r0 3 0211R" VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for filing of this Plaintiff's Response to Defendants' Motion to Compel and that the facts set forth in the foregoing Plaintiffs Response to Defendants' Motion to Compel are true and correct to the best of his knowledge, information and belief. CERTIFICATE OF SERVICE The undersigned hereby certifies that true and correct copies of the within Plaintiff's Response to Defendants' Motion to Compel mailed to the following on this ,40' day of 2005 by first class, U.S. Mail, postage pre- paid: Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 Respectfully Submitted: WELTMAN, WEINBERG & REIS CO., L.P.A. Ja C. Wgrmbrodt, Pa.. 442524 Att rn ys for Plaintiff 2 18 oppers Building 36 eventh Avenue itt urgh, PA 15219 l4 21 434-7955 ?, ?_ IN THE COURT O =1MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BAN!,, Plaintiff No. 05-561 vs. PLAINTIFF'S MOTION TO DETERMINE SUFFICIENCY OF DEFENDANTS' ANSWERS TO PLAINTIFF'S REQUESTS FOR AD?.II` SIONS RUSSELL E. CLOUSE., am LISA M. CLOUSER, Defendants. FILED ON BEHALF OF Mnin'J`f COUNSEL OF RECORD - "; i P/\71TYi C. WARMBRODT PA I.D. ,x42524 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittcbargh, PA 15219 2Z'-A-7955 964755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff No. 05-561 vs. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. PLAINTIFF'S MOTION TO DETERMINE SUFFICIENCY OF DEFENDANTS' ANSWERS TO PLAINTIFF'S REQUESTS FOR ADMISSIONS 1. Plaintiff commenced the within action seeking to recover from the Defendants the sum of $6,305.91 ow-A on their credit card account. 2. Defendants have filed an answer pro se do,ying the debt and alleging that the debt has been paid. 3. In an effort to di-- ar f- I `,i of Defendants' dispute, Plaintiff's undersigned counsel served on the Defendants discovery requests, a copy of which are attached hereto as Exhibit 1, attached to which discovery requests are copies of the monthly statements for Defendants' account showing all charges and credits from September 29, 2003, prior to which date there was a zero balance on Defendants' account, through June 16, 2004. 4. Includ--d in Pain';`Ps aforementioned discovery requests are requests for admissions wherein Plaintiff has requested that Defendants admit facts related to their credit card account and the attached monthly s'ntements. 5. Defendants Iave`ai!ed and refused to file answers responsive to the requests propounded by the Plaintiff on the basis that Defendants are disputing the debt and that Plaintiff has not answered Defendants' discovery requests to their satisfaction. Attached hereto as Exhibit 2 are Defendants' Responses to Plaintiff's discovery requests. 6. Defendants denials fail to meet the substance of the requested admissions, as required pursuant to Pa.R.C.P. 4014(b). WHEREFORE, Plaintiff humbly requests that this Honorable Court enter an order pursuant to Pa.R.C.P. 4014(c) determining that Defendants' answers to the requested admissions do not comply with the requirements of Pa.R.C.P. 4014(b) and that all of those matters are deemed admitted, together with any further relief which this Honorable Court deems appropriate. WELTI AN-, WEINBERG & REIS, Cad', L.P.A. PA I . #42524 We an, Weinberg & Reis Co., L.P.A. 27 8/K oppers Building 76 1 V12) th venue burgh, PA 15219 434-7955 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff vs. No. 05-561 RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. TO: Russell E. Clouser and Lisa M. Clouser 1 I Countryside Court Camp Hill, PA 17011-1518 PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS If you cannot answer the following discovery requests in full after exercising due diligence to secure the information to do so, please so state and answer to the fullest extent possible, specifying your inability to answer the remainder, stating whatever information or knowledge you have concerning the unanswered portion. In the event that an objection is made with respect to any request, state the grounds for the objection and the facts supporting the basis for the objection. You are requested to respond in truth and admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are EXHIBIT requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. Pursuant to Pennsylvania Rules of Civil Procedure 4001 et seq., you are requested to answer each of the Interrogatories hereinafter set forth. You are instructed that: 7. Each Interrogatory must be answered separately, fully, in writing and under oath. 8. Answers must be signed by the person making them and must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after service thereof. 9. Each interrogatory is continuing in nature so as to require supplementary answers if you or your attorney should obtain information that the answer was incorrect when made or becomes no longer true. 10. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. 11. In these Interrogatories: A. The word "Person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "document(s)" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity" "identify" "identification", when used with respect to a person(s) means to state the full name and present or last known address and business address of such person(s) and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity". "identify" "identification", when used with respect to a date, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify" when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identi each and every person(s) participating in such an act; (3) identi all other person(s) (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identify the erson s presently having possession, custody or control of such record. 12. Unless otherwise indicated, all interrogatories herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 13. Any demand herein for documents or tangible things is a request for production pursuant to Pennsylvania Rules of Civil Procedure 4009 and a response is demanded pursuant to that rule. 14. These requests are of a continuous nature. These Requests for Production of Documents shall be deemed continuing so as to require supplemental answers and documents if any information of documents are acquired subsequent to the filing of responses hereto, which information or documents would have been included in the answers and documents produced had it been known or available at the time the answers and the documents provided pursuant hereto were produced. Defendants shall supply such information and documents by supplemental answers and production of documents as soon as such information becomes known or available and in all events, prior to trial of this action. 15. If objection is made to any requests for production of documents, it is demanded that the requests for which there is no objection be answered and furnished within the aforesaid period. 16. All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job title and department from whose files it was produced and the current custodian of said document. 17. If a document called for is believed to exist or is known to exist, but is in the possession, custody or control of another person or party, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the publisher, possessor, custodian or disseminator of such document. 18. If any document called for by this request is withheld on the basis of any claim of privilege or any similar claim, identify that document as follows: author; addressee; indicated or blind copies, date, subject matter; number of pages; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and nature of the privilege or similar claim asserted. INTERROGATORIES INTERROGATORY 1: Identify each and every individual, entity or otherwise, who responded or in any way assisted in providing responses to the Interrogatores, Requests for Documents and/or Requests for Admissions contained herein, including but not limited to, for each: A. Names and last known addresses; B. Telephone numbers C. Relation to Defendant; and D. Basis of knowledge of information provided. ANSWER: INTERROGATORY 2: List the date(s) and amount(s) of all payments made by Defendant, or on Defendant's behalf, to the Plaintiff on the subject credit card account no. 4311966487010256 referenced in paragraph no. 3 of Plaintiff's Complaint herein. ANSWER: INTERROGATORY 3: Please identify any and all witnesses you intend to call at trial, including any and all expert witnesses. ANSWER: REQUEST FOR PRODUCTION OF DOCUMENTS REQUEST FOR PRODUCTION OF DOCUMENTS 1: If any fact upon which you rely, in answer to any part of the preceding interrogatories is evidenced by, or embodied in a writing, produce and permit inspection and photocopying, or attach copies of said writings. REQUEST FOR PRODUCTION OF DOCUMENTS 2: Produce any and all documents evidencing proof of payments made by Defendant, or on Defendant's behalf, to the Plaintiff on the subject credit card account no. 4311966487010256 referenced in paragraph no. 3 of Plaintiffs Complaint herein, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records or data compilations. REQUEST FOR PRODUCTION OF DOCUMENTS 3: Produce all documentary evidence or information substantiating Defendant's denial in paragraph no. 4 of the Answer that the balance due and owing on the subject credit card account no. 4311966487010256 is not as alleged in paragraph no. 4 of Plaintiff s Complaint. REQUEST FOR PRODUCTION OF DOCUMENTS 4: Produce all documentary evidence or information substantiating Defendant's denial in paragraph no. 5 of the Answer that Defendant is not in default of the cardholder Agreement. REQUEST FOR PRODUCTION OF DOCUMENTS 5: Produce all documentary evidence or information substantiating Defendant's position or belief as to the balance due and owing on the subject credit card account no. 4311966487010256. REQUEST FOR PRODUCTION OF DOCUMENTS 6: Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial that has not already been produced. REQUEST FOR ADMISSIONS Request for Admission No. 1: Defendants have resided at I I Countryside Court, Camp Hill, PA 17011-1518 from September 29, 2003 to the present. Admitted Denied If the answer to Request for Admission No. 1 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 2: Attached hereto as Exhibit "1" are true and correct copies of the statements for the Defendants' credit card account no. 4311966487010256 showing all charges and payments on that account from September 29, 2004 through June 16, 2004. Admitted Denied If the answer to Request for Admission No. 2 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 3: Defendants are required to make monthly payments to Plaintiff on any outstanding balances owed on the subject credit card account no. 4311966487010256. Admitted Denied If the answer to Request for Admission No. 3 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 4: Defendants have failed to make any payments to Plaintiff on the subject credit card account no. 4311966487010256 since January 27, 2004. Admitted Denied If the answer to Request for Admission No. 4 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 5: Defendants have not submitted any written dispute as to any accounting inaccuracy concerning the amounts demanded by the Plaintiff on the subject credit card account no. 4311966487010256. Admitted Denied If the answer to Request for Admission No. 5 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 6: The balance owed by the Defendants to the Plaintiff on the subject credit card account no. 4311966487010256 as of June 16, 2004 was $5,555.28. Admitted Denied If the answer to Request for Admission No. 6 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 7: The applicable finance charge on the subject credit card account no. 4311966487010256 as of June 16, 2004 was 23.90% per annum. Admitted Denied If the answer to Request for Admission No. 7 is "denied", supply specific written documentation supporting the denial. J e C. Wacmbrodt, Esquire Pa. L/D. #42524 W91 an, Weinberg & Reis Co., L.P.A. 2 Koppers Bldg. 6 eventh Avenue itt urgh, PA 15219 (4 ) 434-7955 CashBuilder° PLATINM PC BOX KALAMAZOO M149003-2349 N. Balance Minimum Payment Due Data 4,076.08 I 101.00 111/13/03 Account number 4311 9664 8701 0256 Amount Enclosed $ 4311966487010256000407608000010100 AcVMcs cnanpe? Pen( new aedmss an Dau: dsralem.N PLEASE MAKE CHECK PAYABLE TO RUSSELL E CLOUSER 765 NATIONAL CITY LISA M CLOUSER P.O. BOX 956176 11 COUNTRYSIDE COURT LOUISVILLE, KY 40285-6176 CAMP HILL PA 17011-1518 .... 111,,,1, II., 1...1.11..1..1.1 I..,111,.,III...... 11...11...11.1, I.? III„I„..II,,.II.,II,I 1.3L 5000 0080 19664B 7010256 00L CashBuilder" Previous Balance $0.00 REBATE SUMMARY: PLATINUM Payments/Cmdile $0-DO Prior rebate baance $O.DO Account number 43119664 87010256 PurchasewDebBS $1,48024 Rebates earned this month $7.40 Credit Limit $S,ODD.OD Cash Advances S2,5DOOD /-'?Wenle $0 00 Available Credit 520.00- Finance Charges $95.84 . Available for Cash Advance $O.DO Other Charges $O.DD Rebates issued this month $O.DD Days In Billing Cycle 30 New Balance $4,076.06 Current rebale balance $7.40 Statement Closing Date 10/17103 Minimum Payment $101.00 Payment Due Date 11113103 TRANSACTIONS Tran Data Poet Data Refenenu Number Description Amount 09/29 09129 7430173BGWGN9TWNDVCASH ADVANCE 2,500.00 0929 09129 'FINANCE CHARGE' CASH ADVANCE FEE 75.00 09/30 D913D 24258028JEZ2HMV9JV OVERHEAD DOOR CO 717-938-6101 PA 457.50 10103 10103 24258028LWGS4MSEAV CRYSTAL POOLS INC MECHANICSBURG PA 62,48 10104 10/D4 24789168NHDV2463RV HAMPDEN VAC SEW CENTER MECHANICSBURG PA 36.84 1D/D4 10/04 2407ID58NWPBNLLWBV CLEAN SCENE DRYCLEANER CAMP HILL PA 19.60 10104 10104 24164078NML9VGBG4V RADIO SHACK OD1201D5 CAMP HILL PA 20.66 10104 10/04 2432301SN3EZH02X9V GORDONS#4318 CAMP HILL PA 221.53 10104 10/04 24388948NKGB65JDEV STYLES BOUTIQUE MECHANICSSUR PA 25.25 10/04 10/D4 2443565BN0338Z70RV WEARS LIKE NEW MECHANICSBURG PA 26.84 1 D/04 10104 2461043SN03RQDAT9V SEARS ROEBUCK 2624 CAMP HILL PA 99.58 10/04 10/04 2461044ON03PZRTJAV HECHT CO. PROMOTIONAL W CAMP HILL PA 21.19 10107 10107 246ID44ST03PLA39GV HECHT CO. CLINIQUE COSM CAMP HILL PA 31.27 10114 10/14 242580290EZ2H8GBBV OVERHEAD DOOR CO 717-938-6101 PA 457.5D 10117 10/17 'FINANCE CHARGE' 20,84 FINANCE CHARGES SUMMARY TRANSACTION TYPE DAILY CORRESPONDING ANNUAL FINANCE AVERAGE PERIODIC RATP PERCENTAGE RATE CHARGE DAILY SAIANGE Purchases .0052D% 1.90% $0.00 SO.OD Cash Advances .04260% 15.55% $2D.84 $1,63D.83 ANNUAL PERCENTAGE RATE: 46.OD% THIS RATE MAY VARY SPECIAL MESSAGES BOSS' DAY OCTOBER 16, SWEETEST DAY OCTOBER 14 MOTHER M LAW DAY, OCTOBER 261 RECEIVE 15% OFF YOUR nOWERS OR DAFT ORDER FROM FTD.COMI ORDER ONLINEATWWWFTD.COMMCBCONSUMER OR DIAL 14MSENO AND Ask FOR PROMO CODE 2556 EXHIBIT CarxirSeMms Online CUSTOMER SERVICE Call: 800-558-11472 Onllm ACCOU. A...... A,11. or Write to: K-A16-F5, ONE NCC PKWY, KALAMAZOO MI 49DD9-8003 wwe.nc-c.,d Sec vice.. c.. Notice: See the back of page l for important information on your account 5370 0004 00 2 7 12 031017 F,. I of 1 5624 9600 Y749 01AA5170 765 JJ-7) 110 NnUonali0ft CashBu lde?P cer U PO BOX 1349 MKI,15F5 KkA M42OO MI49eX-ZM9 None w Balance Minimum Pa Due Date o Bala aYmwd I 124. 11 Account number 4311 9564 6701 0256 Amount Enclosed $ 4311966487010256000498672000012400 AtlLes danpn7Pdn rrow eednao on Ascsds4wmer4 PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CLOUSER 762 NATIONAL CITY USA M CLOUSER P.O. BOX 856176 11 COUNTRYSIDE COURT LOUISVILLE. KY 40295-6176 CAMP HILL PA 17011-1518 1.11.1 II,....I.II..f.,I. 1..II.,...111...Milli ...1.11.,1..1.1 I.., III,..II1......11...11...11.1. 1.1..1111.11 ,..11.,.11.. II.I 431 5000 DOSO L966467010256 DOL CashBuildef PLATINUM Account number 4311966407010266 Credit Urn ft $5.000.00 AvNable Credit S13.DD Awllable for Cash Advance SD.DD Days in BIWnp Cycle 32 Statement Closing Date 11/18103 Payment Due Date 12115/03 Previous Bahmw $4,076.08 TE SUMMARY: Parywaft Credo $101.00 bate balance S7AD PurchasesfDebits $944.00 es Banned this month 56.84 Cash Advances 50.00 [ ree r a .64 538 lushwntc $O.OD <r CNrges r{pa OOther 5 29.00 es Issued this month 50.00 Now Balance 54,006.72 nt rebate balance $14.24 Mnknum Payment $124.00 AM OVER!/YRFEE WAS ASSESSED WHEM YDUR ACCOIMZT BALANCE EXCEEDED THE ESYABUSNED CREDITLOMT OM fINM TRANSACTIONS Tren Date Post Date Reference Number Description Amount 10117 10118 24D294694ETNTMSJYV A WELLS PAVING MECHANICSBURG PA 944.00 11/98 11/18 OVERLIMIT FEE 29.00 1D131 10131 744360D9GSBZKPXRDV PAYMENrTHANK YOU KALAMAZOO MI 101.DDCR 11118 11118 'FINANCE CHARGE' 38.64 FINANCE CHARGES SUMMARY TRANSADTIDN TYPE DAILY CORRESPONDING ANNUAL FINANCE AVERAGE PERIODIC RATE' PERCENTAGE RATE CHARGE DAILY BALANCE Purchases .00520% 190% $4.03 $2,421.17 Cash Advances .04260% 15.55% $34.61 $2,538.93 ANNUAL PERCENTAGE RATE: 8.89% 'THIS RATE MAY VARY SPECIAL MESSAGES YOU'RE PROBABLY PAYING TOO MUCH FOR CEL LMAR SERVICE SAVE UP 705709.00.-i30a.W EVEN $SwAD ANNUALLY WI7HOMEEASYPHDNEaLL CALL 1- "O 7615 TODAY (BONUS CODE eall"). e CUSTOMER SERVICE Call: 800-553-9472 OnIlre Accoum Awn... Amtime or Write W:K-A76-FS, ONE NCC PKWY, KALAMAZOO MI 49DD9-t1003 www.nc-c•rtl sarv ices.eom Notice: See the back of page l for important Information on your account. 6170 D004 DND 2 7 1Z 031118 Pape I of 1 5624 960D Y/49 DIAA517D 762 NaamalCitys rw Po BOX 2342 #vAlffs KAV.D MI ABOD]-2340 4311966487010256000506110000018730 PLEASE MAKE CHECK PAYABLE TO: NATIONAL CT' P.O. BOX 856176 LOUISVILLE, KY 40265-6176 I C I. ? Ill, I„ I I, ? ?„I I I ?„I. I l n l,,, 111111 .1.1 CashBuilderr' PLATINUM Nev, Balance Minimum payment Due Deb 5,061.10 187.10 01/13/D4 Account number 4311966407010256 Amount Enefosed S Arenaschan,? P&dnew a naas on bed: Watcbment RUSSELL E CLOUSER 741 USA M CLOUSER 11 COUNTRYSIDE COURT CAMP HILL PA 17011-1518 1.3i 5000 0080 IR6648?OLD T56 001 CashBudder PLATINUM Account number 4311966407010256 Creck Unit 55,OOD.00 AvelleNe Credit $61.00- Available fwCash Advance $0.00 Days in Biling Cycle 29 Statement Closing Data 12!17103 Payment Due Date 01113104 Previous Batanee $4,966.72 REBATE SUMMARY: Payrn.nlvcredte $124.DD Pdcr rebate balanp $1424 Purdm wDabra S'34 So Rebates earned this month $1.35 Cash Advances SOHO /-AtlJus6nents SD.DD Finance Cruses 531.78 Other Chum 529.00 Rebates Isaued this month $15.69 New Balance S5.0,61.10 Current rebate balance S0.00 Minimum Payment 8187.10 AN OVERUNST FEE WAS ASSESSED WHEN YOUR ACCOUNT BALANCE EXCEEDED THE E87ABUSNPD CREDIT LOIN ON 17N7M& TRANSACTIONS Tran Data Post Date Re/erenee Number Description Amount 12112 12112 24BID43AV03PS5509V BOSODVS 0012 CAMP HILL PA 20.98 12113 12/13 2444500AWLSLIKS30V BARNES 8 NOBLE 02D46 HARRISBURG PA 12.72 12/13 12113 214450DAWLSLIKS5YV BJ WHOLESALE VD025 WOX HARRISBURG PA 1498 12113 12113 2461043AW03PDHOlAV BOSCOVB 0012 CAMP HILL PA 85.92 12/17 12/17 OVERLIMIT FEE 29.00 12/04 12/04 74436OOAUSBZI9SYZV PAYMENT THANK YOU KALAMAZOO MI 124.MCR 12117 12/17 'FINANCE CHARGE' 34.78 FINANCE CHARGES SUMMARY TRANSACTION IYPE DAILY CORRESPONDING ANNUAL FINANCE AVERAGE PERIODIC RATE' PERCENTAGE RATE CHARGE DAILY SMANCE Purchases .DD52D% 1.90% 43.67 52,432.88 Cash Advances .04260% 15.55% 531.11 $2,517.90 ANNUAL PERCENTAGE RATE: 8.84% IRIS RATE MAr VARY s(rS?`,. ordine CUSTOMER SERVICE Call: 800-566-6472 Onlw ASaaum Aceses... Anyllme or Writs tit: K-A76-F6, ONE NCC PKWY, KALAMAZOO M140009-8005 sea.n ra•r dservi cse.se m Notice: Seethe beck of page I for Important information on your scmunL S17D DODS DND Z 7 3Z 031217 OPage 1 Of 1 $624 9600 Y149 DIAA5170 746 1D6119 M11440 CashBuilder'' PLATINUM ISSUE DATE 121172DD3 EXPIRATION DATE 07/012006 PAY TO THE noncR nR RUSSELL E CLOUSER and LISA M CLOUSER 575.59 FIFTEEN AND 59/100 Nat6migb. cws,e.. w 87010256 106119 044ODDO 16 657394585 NarEionalCft CashBuilder PLATINUM PO BOX ZU9 OKA16F5 New Balance Minimum Payment D. Data KALAMAIDD MI49073,2909 5,069.08 195.08 02l15041 Ameunf number 4311 0664 97010256 Amount Enclosed E 4311966487010256000506 908000019508 aed,.u cMnpe7 Pro4 mweddna on l>.M PItlalemeM PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CLOUSER 159 USA M CLOUSER NATIONAL CRY 11 COUNTRYSIDE COURT P.O. BOX 856176 CAMP HILL PA 170 LOUISVILLE, KY 40285-6176 11 .1 t t r w i_ n n.. u r w L.31 5D00 ODSO 1966487D1D256 001 CashBuilder PLATINUM A=unt number 4311 9064 8701 028 Cradh Limit 55,000.00 Available Credit S89.DD- AvaWe for Cash Advance 50.131) Days in Biting Cycle 33 Statement C106N Dale 01119814 Payment Due Date D2115114 PraYiouc Balance SS.D61.10 REBATE SUMMARY: PaymenblC db $187.10 Prior rebate balance 50.00 PMr7usettDeblis $12625 Rebates earned this month 90.63 Cash Advsrlros 5O.DO •1- Adjustments $0.00 Finance Charges 539.83 Other Charges 529AD Robot" Issued this month $D.OO Nov Balance S5,D69.D8 Current rebate balance $0.63 Mmfmum Payrrwnt $195.0B AN OVERNMIT FEE WAS ASSESSED MWEN YOUR ACCOUNT BALANCE EXCEEDED THE ESTABLISHED CREDIT LIMIT ON M/1004 TRANSACTIONS Tran Data Post Dab Reference Number Description Amount DIM2 01*2 24455D10JD2BELVVZV SUPERPETZ 0227 MECHANICSBURG PA 42.38 OVO2 01M2 24610430KOBFOKYNOV THE HOME DEPOT 4120 MECHANICSBURG PA 16.87 01103 OV03 24792620K6ELb7PL6V RUBY TUESDAY 03981 MECHANICSBURG PA 67.00 01119 01119 OVERLIMIT FEE 29.DD 12/30 12130 74436DDBOSSM414SV PAYMENT THANK YOU KALAMAZOO MI 187.10CR 01119 01119 'FINANCE CHARGE' 39.83 FINANCE CHARGES SUMMARY TRANSACTION TYPE DAILY CORRESPONDING ANNUAL FINANCE AVERAGE PERIODIC RATE' PERCENTAGE RATE CHARGE ONLY BALANCE Purchases .00520% IBM $429 $2,499.63 Cash Advances .04200% 15.55% $35.54 $2,528.55 ANNUAL PERCENTAGE RATE 8.76% TNM RATE MAY VARY SPECIAL MESSAGES VOLMU LSOONRILY PAYMENT SMYPAM STMAKEM It YOIAP YNIIMUM MO RECEIV® 9YTNE DIB: DATE PRINTED ON YOUR STATEINENT. CLAN YOURREWARD TODAY! ASA NATIONAL CHYCARDMEYBER YOU CAN CUIM MM-WAIJTYMERCNANWSEREWARDS FROM BRANOS SUCH AS OfSNEY, LENOX MAIKA-AND MANYMOREI JUd7000NLOIE m ENTER YOU[ REWARDCERYFTCATEOOMBAT b1YWAEWARDCENTERCDLI. FEATURED REWARDS AND SPECIAL DEALSAREFREQUENTLYU'DATEO, SO ACT NOW TO GET YO UR REWARD! Ii'S YOM MONEY, DONTLET THE DOVERNYEHT KEEP m WITH MS E-FILE FROM EZTAXRET MNCON YOU CAN COMPLETE YOUR TAXES MABOUr M YINUES AND GET YOUR REFUND IN "OUT 10 DAYS ALL FOR UNDER SSL SMPLYGO TO WWB EZIDIXREnMN.COA, ENTER COUPON CODE NC3874 AND SAM YOUR SAYMPACTION IS GUARANTEED. - 1 - - koowc CUSTOMER SERVICE Call: 800-568-8472 OnIlm Aco rt Aacsas... Amtlms M WrKG W: K-A16-FS, ONE NCC PKWY, KALAMAZOO MI 49009-BD03 www.nesvd serv i css.rom Notice: Sao the back of page l for important information on your acseunL 5370 0003 OMD 2 7 32 040119 0Pe9e I of 1 5624 9600 Y/49 DIAA5170 759 NationalC4, ® CashBuildee PO BOX 2319 BKA16F5 N. Balance Minimum Payment Due Dab KALA61A200 MI49WY2M9 4,937.62 57.92 07115N4 Account number 4311 9W 87010256 Amount Enclosed E 4311966487010256000493782000005392 AIkeva m9e2P,xr„aw.eerol.a.,w?wmmrem.m PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CLOUSER 249 LISA M CLOUSER NATIONAL CITY 11 COUNTRYSIDE COURT P.O. BOX 856176 CAMP HILL PA 17011-1518 LOUISVILLE, KY 40285-6176 L.,111,..111,,,,III ,,.II,.,II,I,I..„III..1.... II,,.II,.11d I,I„III„.,1,If„I„1,I„II..... III.,,I 431 5000 0080 1R6646YD10256 DOI CashBuilder" PLATINUM Aocountnumbs, 0`11196114970192511 Credit Umlt $5.000.00 Avallabb Credit $62.OD AnBable for Cash Advance SO.OD Days in BiBalg Cycle 29 Statement Closing Date 02117iD4 Payment Due Dab 03115/04 PMAus Balance S6,D69.D8 REBATE SUMMARY: PaymonslCrsdib $195,DB Prior rebels balance $0.63 PuldraseWedLL 50.00 Rebates lamed this month 50.00 Cash Advances $0.00 -f- Adjustments 9D.OD Firance Charge; 534.82 OIWrCharges 529.00 Rashes fuueO Unit; month $0.00 New Balance 54.937.82 Cunnm rebate bebnce $0.63 Minimum Payment $53.92 AN OVEMUNUTPEE WAS ASSESSED WHEN YOURACCODUT BALANCE EXCEEDED ME ESTABUSHED CREDROMIT ON AIWYAl. TRANSACTIONS Tran Deb Post Data Reference Numbw Description Amount 02117 02117 OVERLIMIT FEE 28.00 0127 0127 744360DDBSB7KSNDSV PAYMENT THANK YOU KALAMAZOO MI 195.DBCR 02117 02117 'FINANCE CHARGE' 34.82 FINANCE CHARGES SUMMARY TRANSACTION TYPE ANNUAL CORRESPONDING FINANCE AVERAGE PERKbIC RATE' PERCENTAGE RAATE Punclmses .0052D% 1.90% $3.64 52,41428 Cash Advances .04260% 15.55% 531.18 $2,523.63 ANNUAL PERCENTAGE RATE: 8.68% 'PHIS RATE MAY VARY SPECIAL MESSAGES TS YOUR MONEY, DONTLET THE GOVERNMENT KEEP In WON MS E-FILE FROM ETTAXRENWY.CON YOU CAN COBPLEM YOUR TAXES IN ABOUT 30 XA%U $ AND BET YOUR REFUND RI ABOUT IO DAYS ALL FOR UNDER 525. SRIPLY DO TO W 1V WJM?AXRETURNCOM, ENTER COUPON CODE NC3874 AND SAM YOUR SATISFACTION IS GUARANTEED. YOUVEOOTABUSYLIFE. LEYC WOOLDER PAY YOUR ON" AND RECEIVE UP TO n DASH BAt00 CONTACT YOUR TELEPHONE, CABLE TV, INSURANCE F'RNESS. AND UTI.ITY SERVICE PROVIDERS TO SEr UP AUTDNATIC PAYMENTS FROM YOUR CASHBORUWR ACCOUNT. GRFJ T ONLINE DEAU1 RECEWE f5% OFF YOUR FLOWERS OR GIFT ORDER FROM PTO COMI ORDER AT WW R'.FI D.COAVNCBCONSUNER F YOURS NOT SHOPPING AT HM1YII:PRAWREBA TES.CO.q YOURE PAYING TOO MUCK. UP TO= RPBATES ON PURCHASES MADE AT OVER 500 STORES. msomcm orifflne OMIM ACCWm Pans... Anytlma www.nc.carda&rvicas.com 5170 0003 OVD 2 7 12 CUSTOMER SERVICE Call: 900-558-9472 or WrM to: K-A16-F5, ONE NCC PKWY, KALAMAZOO W 49009-8003 Notloe: Sao the beck of page 1 for Important Information on your account. 040217 Page 1 of 1 5624 9600 rv49 WAAWO 748 NagonalCft PO Box ZMQ WAISFS KALAMA200 M14900I-2MI) CashBuilder' PLATINM New Balance Minimum Payment Due Dale 5,049A6 I 22925 104113/04 Account number 4311 9664 97010256 Amount Enclosed $ Addnsa chsnpe9 P]M(new atl4mse m eeek alNMmeM 4311966487010256000504936000022928 PLEASE MAKE CHECK PAYABLE TO: NATIONAL CITY P.O. BOX 856176 LOUISVILLE, KY 40205-6176 431 5000 0080 19664117010256 DO& CashBuilder PLATINUM Amount number 43119664 B701 0256 Credit Limit $5,DDO.DD Available Credit 549.OD- Availabte for Cub Advance $0.00 Days in Billing Cycle 29 Statement Closing Data OW171D4 Payment Due Dab 0411304 RUSSELL E CLOUSER bog USA M CLOUSER 11 COUNTRYSIDE COURT CAMP HILL PA 17011-1518 ,,,III... Ill.,......II.I.I,,., III„1..,,11,,,11,.11, Previous, Balance 54,93742 REBATE SUMMARY: PaymenWCretllb 50.00 Prior rebate balance $0.63 PurchaaeNDeMU $0.00 Rebates earned 8115 rrwnth SODD Cash Advances SO.DO -/- A4ostments MOD Charges Fn 558.54 Other Charges $58.00 Rebates tes issued ed this month Re $0.00 New Balance S5,D49.38 Current rebate balance $0.93 MlnMum payment 522928 Pmt Due Balance $53.92 YOfRfACCOUNTIS OVER M DAYS PASTDUE PLEASE REWTTHEPASTDUEAMOL I IMMEDIATELY. AN OVERUIRTFEE WAS ASSESSED 6YIIEN YOURACCOUNTBALANCE EXCEEDED THE ESTABLISHED CREDIT UNIT ON 01HTAN. TRANSACTIONS Tren Dab Post Data Reference Number Description Amount 03117 03117 OVERUMIT FEE 29.00 03/17 D3/17 LATE FEE 29.00 O3]17 03117 'FINANCE CHARGE' 53.54 FINANCE CHARGES SUMMARY TRANSACTION TYPE DALY CORRESPONDING ANNUAL FINANCE AVERAGE PERIODIC RATE PERCENTAGE RATE CHARGE DAILY BALANCE Purchases .03147% 11.49% 42206 $2,41927 Cash Advances .04260% 15.55% S31A6 $2,546.33 ANNUAL PERCENTAGE RATE: 13.57% 'THIS RATE MAY VARY CONOR471A47ION51 YOU'VE SEEN UPORADED TO SUIT STATUS. CHECK YOM MAC FOR ALL THE DETAILS ON YOUR NEW SENEFRS-LIKE A NEW EASY-70-READ STATE /EM. FOROUES7IONSVISIT US AT. ITIONALCRY.CONOWTEOUESTIONS OR CALL 600K 3$65. ordine Onllee smoum Access ... Anydme www.nc-c ard•arv i<e•.core 51]0 ODDS OMD 2 7 12 0403V r Pest 1 of 1 562A 960D Yr49 DIAA5170 609 CUSTOMER SERVICE CHI: 600-558-6472 or Wrk* to: K-A16-F5, ONE NCC PKWY, KALAMAZOO M149009-8003 Notice: See the back of page 1 for Important Information on your account. PO Box 2349 MCA18F5 New Balance $5.213.54 KALAMAZOO MI aeoro-zaoa Mmlmum Payment $523.45 Due Date OW13104 Account Number 4311 9664 6701 0256 4311966467010256000521354000052346 Total Enclosed s A44reva w Emal d•ngsl PMtnew sa4mss on EW.otaWemem Br mall. yowvaYmr4 nvy Maa 5-7 days ro iaad? w PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CLOUSER zs4 LISA M CLOUSER NATIONAL CITY 11 COUNTRYSIDE COURT P.O. BOX 656176 CAMP HILL PA 17011-1518 LOUISVILLE, KY 40265-5176 , I ., I I Ill. Ill.., I, I I I.., I.I I, , I, , I, 431 5D00 0080 1966487010256 001 CashBuilder'" Eke Man Nationa1C6y.comfCardServkea Credit Card Account Make payments, revk. traroadi vas and morel 43119884 8701 0255 At Your Service: 800-658-8472 Mall oevr nm b: National CIW P.0 . BOX 656176, LOUISV91E KY 402554175 Previous Balance $5.049.36 Credit Laos $5,000.01) Paymenls/Cmdits - SD.OD Available Credit $0.00 PurchaseslDeb6s + $64.00 Anhable for Cash Advance SO.DD Cash Adusnoes + $0.00 S semen Ckxap Dent 04(16104 Finance Charges + $100.18 Payment Due Date 05113/04 New Balance • $5,213.64 Minimum Pgmlent • $523.46 Pact Due Amount 5179.92 YOUR ACCOUNT M CURRENTLY CLOSED PAYMENT ON YOUR ACCOUNT M SS DAYS PAST DUE WHN:N MAY HAVE CAUSED AN INCREASE IN YOUR ANNUAL PERCENTAGE RATE. PLEASE REMIT PAYMENT. AN OVERUIRT FEE WAS ASSESSED WHEN YOUR ACCOUNT BALANCE EXCEEDED THE ESTABLISHED CREDIT LIMIT ON WIMC Rewards Summarv Prel40us + Earned This Month +I- Adjustments - Issued TMs Month Current 0.63 O.DD 0.00 DOD 0.63 Transactions TnnDete PadDale Rekraaa N,mMr Oaa.ipaon DBNIa Cm W16 MIS OVENLMIT FEE 29.DD W16 we LATE FEE 35.00 04/16 we 'FMANCE CHARGE' 1DDAS PadaRP X Davcb x SuelertM . Purchases 23.90% .06547% x 30 x $2,513.97 - 549.37 Cash Advances Cash Advances 2380% .06547% x 30 x 52.587.11 a S50.81 Annual Percentage Rant a 2389% Finance Charges • $109.18 5170 0002 9eD 3 7 12 040416 E x Plee 1 of 1 $624 9600 XC74 01.0.05170 254 PO BOX 2318 0KAfaFS New Balance $5,387.99 KALAMAZOO MI 49003-2349 Minimum Payment $831.91 Due Date Da/14/D4 Account Numbsr 4311 9664 8701 0256 43119664870102560005387990 00083191 Total Encased s Md. or Emee change? PdnK new atldnea on hagk matenmam By ma9, year prymsd may take 5-] tlays to radii ua PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CLOUSER 673 LISA M CLOUSER NATIONAL CITY 11 COUNTRYSIDE COURT P.O. BOX a56176 CAMP HILL PA 17011-1518 LOUISVILLE, KY 40285-6178 43; 5000 0080 1966487010256 001 - CashBui2detAN ERe Visa NalionsICNy.com/CardSarvkaa Credit Card Account Make payments, review transactions and moral 4311 9654 5701 0256 At You Service: 800-558-9472 we payments m: Nsumnl City P.O. BOX 850176. LOUISVRLE KY 40265-6176 Previous Balance $5213.54 Credit Urns $5,000.00 Poponts/Crodils - MOD Avallable Credit $0.00 Purcha eslDeb is • $64.00 Available for Cash Advance $0.00 Cash Advances • 50.00 Statement Closing Date 05/18/04 Fuuuan Charges + 5110.45 Payment Due Date 06114/04 New Balance . $4387.99 Minhnum Payment $831.91 Past Due Amount $30992 YOUR ACCOUNT 18 CURRENTLY CLOSED YOU NAVE NOT RESPONDED TO OUR PREVIOUS REQUESTS FOR PAYMENT YOUR ACCOUNT PRPaUAGE6 NAVE BEEN REVOKED. REMRTHETOTALAMDUNTDUETODAYI AN OVERL FEEWAS ASSESSm WHEN YOUR ACCOUNT BALANCE EXCEEDED THE ESTASUSHED CREDIT UNIT ON 011161104. Rewards Summary Previous + Earned This Month +/- Adjustments - Issued This Month Current 0.63 0.00 0.00 D.OD 0.00 Transactions TranDate Poamate Relerenw NumMr Daewpuon Da51a Credits 06/19 owls OVERUMIT FEE 29DD owls owls LATE FEE 35.90 ()5118 D6/1S 'FINANCE CHARGE' 110.45 X Dsysh X SuNad to . Charge ids 23.90% .06547% x 32 x $2.632.12 a $55.14 23.90% .D6547% x 32 x $2.640.14 - $5531 Annual Percentage Rate a 23.90% Finance Charges w $110,45 5110 DOW 9eD 1 7 12 040528 E A Page 1 of 1 5624 96DO XC74 01AA6170 673 PO BOX 2346 PKA16F5 New Balance 55 55528 K4lAMAZ00 MI 40(W-2348 , Minimum PtymMd $7,13720 Due Data 07113ID4 Acocunf Number 4311966487010255 431196648701025 6000555528000113720 Total Enclosed $ A4aMSS a E.0 d iulp? Pdnl new adM1>ss m W rk orsomemeM By Past, Your Paymam may take 5-7 days h Mara ua PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CLOUSER 660 USA M CLOUSER NATIONAL CITY 11 COUNTRYSIDE COURT P.O. BOX 856176 CAMP HILL PA 17011-1518 LOUISVILLE, KY 40285-6176 „ III,III„„II„II„II 111„ M... 11...11.41, ,I111„I,I I„I I,I„II,„III ,,,III„I„I,II,I„I 4 431 5000 0060 4966167010256 DOS CashBuitdc?' EIOe VisaM NationalCNy.condCardSand CMM Card Accowd Make paymmis, whew o-.nae6mM and morel 4311 9564 $7010256 At Your Sella: BDD-558-8472 Mal paymenu m: National COY P.O. BOX 856176, LOWSVLLLF KY 402856176 Account Summary Previous Balance $5,387.99 Cram Limit S5,000M Peymanls croft - $0.01) Aysllable Crean 50.00 Purchases0ebite +• $64.00 Available for Cash Advance $D.00 Cash Adnnces SO.DO Statement Closing Data 06116ID4 Finance ChalM $103.28 Psymem Due Dah 0X13 N. Balance a $5,555.28 Minimum Payerant $1,13720 Pall Due Amount $443.92 YOUR ACCOUNT I8 CURRENTLY CLOSED. YOUR ACCOUNT IS FOUR MONTHS DELINQUENT. CONTACT OUR OFFICE !IMMEDIATELY. AN OVERLIMT FEE WAS ASSESSED WHEN YOUR ACCOUNT BALANCE EXCEEDED THE ESTABLISHED CREDR LRNT M 00B104. Previous Eamed This Mont «/- Adjust mots - Issued This Mont a 0.00 ODD 0.00 0.00 sells Dells OW16 0m6 W16 06116 LATE FEE 'MM1CE CHARGE' 10329 Parlodic Raw X Dooms In x subject m 23.9D% .06547% x 28 x $2,746.71 a $5215 Annual Percentage Rah a 23.99% Finance Charges a $10329 Silo W06 94D 1 7 12 D40616 I X Pape 1 of 1 5624 9600 XC74 OIAA5170 660 CERTIFICATE OF SERVICE A true and correct copy of Interrogatories, Plaintiff's Request For Admissions and Request for Production of Documents has been served by U.S. Mail, Postage Pre-Paid, on the day of 20 upon the following: Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 Russell E. Clouser and Lisa M. Clouser 1 I Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff, vs. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 RUSSELL E. CLOUSER AND CIVIL - LAW LISA M. CLOUSER, Defendants. CERTIFICATE OF SERVICE I certify that a copy of the foregoing Plaintiff's Request for Interrogatories, Request for Production of Documents and Request for Admissions was sent on the 22nd day of April, 2005, by mailing a copy of the same via Certified mail number 7004-0550-0000-2718-5273 to the following person(s): William T. Molczan WELTMAN, WEINBERG & REIS Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 By : / Jeff Haulman 229 West Da hin Street Enola, PA 17025 i EXHIBIT Certificate of Service - Page I of 1 Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 CIVIL - LAW RESPONSE TO INTERROGATORIES COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants, and hereby responds to National City Bank, Plaintiff's Interrogatories, as follows: Interrogatory 1. Identify each and every individual, entity or otherwise, who assisted in providing responses to the Interrogatories, Requests for Documents and/or Request for Admissions contained herein, including but not limited to, for each : A. Names and last known addresses; B. Telephone numbers C. Relation to Defendant: and D. Basis of knowledge of the information provided. Page 1 of 3 Response: Defendants are preparing and answering these Interrogatories, Request for Documents and Request for Admissions. Interrogatory 2. List the date(s) and the amount(s) made by the Defendant, or on the Defendant's behalf, to the Plaintiff on the subject credit account no. 4311966487010256 referenced in paragraph no. 3 of the Plaintiff s Complaint herein. Response: After a reasonable investigation, Defendant's do not remember all the date(s) or the amount(s) made by the Defendants or made by others on the Defendant's behalf towards credit account no. 4311966487010256 . Interrogatory 3. Please identify any and all witnesses you attend to call at trial, including any and all expert witnesses. Response: Defendant's witnesses for trial have not yet been identified or determined at this time. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C. S. Section 4904. Dated this 22nd day of April 2005. Page 2 of 3 Respectfully submitted and signed by Russell E. Clouser and Lisa M. Clouser, !J q /? /P Page 3 of 3 Russell E. Clouser and Lisa M. Clouser I 1 Countryside Court Camp Hill, PA 17011 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, vs. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 CIVIL - LAW RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS Propounding Party: National City Bank Responding Party: Russell E. Clouser and Lisa M. Clouser COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants, and hereby responds to National City Bank, Plaintiff's Request for Production of Documents, as follows: Request No. L If any fact upon which you rely, in answer to any part of the preceding interrogatories is evidenced by, or embodied in writing, produce and permit inspection and photocopying, or attach copies of said writings. Response: Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Also, see attached a copy of the back of the National City Bank monthly billing statement exercising Defendant's right to withhold Page I of 4 payment on the entire disputed amount until Plaintiff complied to Defendant's billing error dispute error. Request No. 2. Produce any and all documents evidencing proof of payments made by Defendant, or on Defendant's behalf, to the Plaintiff on the subject credit card account no. 4311966487010256 referenced in paragraph no. 3 of the Plaintiff's Complaint herein, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records or data compilations. Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendants. Request No. 3. Produce all documentary evidence or information substantiating Defendant's denial in paragraph no 4 or the Answer that the balance due and owing on the subject credit card account no. 4311966487010256 is not as alleged in paragraph 4 of the Plaintiff s Complaint. Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendants. Plaintiff failed to answer the Defendant's Request for Production of Documents which was to provide additional documentary evidence, not monthly billing statements, such as copies of document, bookkeeping entries, journals or records for the Defendant's account which is Page 2 of 4 the underlying evidence for all debits and credits that the Plaintiff claims Defendants owe. Request No. 4. Produce all documentary evidence or information substantiating Defendant's denial in paragraph no 5 of the Answer that the Defendant is not in default of the cardholder Agreement. Response: Defendants sent Plaintiff a billing dispute letter requesting a full investigation into this error and requested additional documentary evidence of the indebtedness. Defendants exercised their right to withhold payment on the entire disputed amount until Plaintiff complied to the Defendant's billing error dispute letter. Defendants were not in default of the cardholder's Agreement. Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Also, see attached a copy of the back of the National City Bank monthly billing statement exercising Defendant's right to withhold payment on the entire disputed amount until Plaintiff complied to Defendant's billing error dispute error. Request No. 5. Produce all documentary evidence or information substantiating Defendant's position or belief as to the balance due and owing on the subject credit card account no. 4311966487010256. Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendants. Plaintiff failed to Page 3 of 4 answer the Defendant's Request for Production of Documents which was to provide additional documentary evidence, not monthly billing statements, such as copies of document, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all debits and credits that the Plaintiff claims Defendants Request No. 6. Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial that has not already been produced. Response: Objection. The Request is seeking infonnation that is not yet available. Without waving the objection, Defendants reserves the right to supplement the response at a later date or at trial, or when additional documents become available. Dated the 22nd day of April 2005. Respectfully submitted and signed by Russell E. Clouser and Lisa M. Clouser, 190 2-- X11 /, Page 4 of 4 Russell E Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff, vs. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 CIVIL - LAW RESPONSE TO REQUEST FOR ADMISSIONS Propounding Party: National City Bank Responding Party: Russell E. Clouser and Lisa M. Clouser COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants, and hereby responds to National City Bank, Plaintiff s Request for Admissions, as follows: Request No. 1. Defendants have resided at 11 Countryside Court, Camp Hill, PA 17011-1518 from September 29, 2003 to present. Response: Denied. Defendants have resided at 11 Countryside Court, Camp Hill, PA 17011-1518 from May 26, 1994 to present. Page 1 of 5 Request No. 2. Attached hereto as Exhibit "1" are true and correct copies of the statements for the Defendants' credit card account no. 4311966487010256 showing all charges and payments from September 29, 2004 though June 16, 2004. Response: Denied. Plaintiff failed to answer the Defendant's Request for Production of Documents which was to provide 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 credit card account no. 4311966487010256. Request No. 3. Defendants are required to make monthly payments to Plaintiff on any outstanding balances owed on the subject credit card account no. 4311966487010256. Response: Denied. Defendants sent Plaintiff a billing dispute letter requesting a full investigation into this error and requested additional documentary evidence of the indebtedness. Defendants exercised their right to withhold payment on the entire disputed amount until Plaintiff complied to the Defendant's billing error dispute letter. Defendants are not required to make a payment until Plaintiff complied to the Defendant's billing error dispute letter, Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Also, see attached a copy of the back of the National City Bank monthly billing statement exercising Defendant's right to withhold Page 2 of 5 payment on the entire disputed amount until Plaintiff complied to Defendant's billing error dispute error. Request No. 4. Defendants have failed to make any payments to Plaintiff on the subject credit card account no. 4311966487010256 since January 27, 2004. Response: Denied. Defendants sent Plaintiff a billing dispute letter requesting a full investigation into this error and requested additional documentary evidence of the indebtedness. Defendants exercised their right to withhold payment on the entire disputed amount until Plaintiff complied to the Defendant's billing error dispute letter. Defendants did not fail to make a payment until Plaintiff complied to the Defendant's billing error dispute letter. Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Also, see attached a copy of the back of the National City Bank monthly billing statement exercising Defendant's right to withhold payment on the entire disputed amount until Plaintiff complied to Defendant's billing error dispute error. Request No. 5. Defendants have not submitted any written dispute to any accounting inaccuracy concerning the amounts demanded by the Plaintiff on the subject credit card account no. 4311966487010256. Page 3 of 5 Response: Denied. Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Request No. 6. The balanced owed by the Defendants to the Plaintiff on the subject credit card account no. 4311966487010256 as of June 16, 2004 was $5,555.28 Response: Denied. Plaintiff failed to answer the Defendant's Request for Production of Documents which was to provide 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 Defendants owes. Request No.7 The applicable finance charge on the subject credit card account no. 4311966487010256 as of June 16, 2004 was 23.90% per annum. Response: Denied. Plaintiff failed to answer the Defendant's Request for Production of Documents which was to provide 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 and the finance charge that the Plaintiff claims Defendants owes. Page 4 of 5 Dated this 22°d day of April 2005. Respectfully submitted and signed by Russell E. Clouser and Lisa M. Clouser, owl Page 5 of 5 National City Bank K-A16-F5,One NCC PKWY Kalamazoo, MI 49009-8003 February 23, 2004 RE: Billing Error on Account # 4311-9664-8701-0256 Amount in Dispute: $ 4937.82 Dear National City Visa: I am writing regarding the above account. I believe that my most recent statement, 02/17/04 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 02/17/04. 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 02/17/04. 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 aazn 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 National City Visa over the phone. I am requesting that all communications be conducted in writing, and I appreciate your honoring my request. SMel R louser II Countryside Court Camp Hill, Pa 17011 Certified Mail#: 7003-3110-0006-2758-8144 a>. MOM Crediting of Payments. The top portion of this statement must accompany your paymord. It payments are received by us at P O. Box 856176, Louisville, KY 40285-6176 by 6:DO PM.. they will be credited as of the fallowing business day. It you make payments at any other authorized banking location or if you fail to return the top portion of this statement with your payment, the crediting of such pay monts to your account maybe delayed up to 5 rays. Grace Period on Purchases You may avoid theme charges an the Purchases portion of your New Balance t you paid in full your pmvious New Balance by your Due Date. The grace period is not applicable to cash advances or balance transfem. Balance Calculation for Purchases. Finance charges on Purchases acewe from me date of each transaction. We figure the finance charges for Purchases by applying the periodic rate far Purchases to the Average Daily Balanoe for Purchases. To get your Average Defy Balance for Purchases, we take the beginning balance of Purchases for your Account each day, and t legally permissible, unpaid finance charges and fees that apply to Purchases, add any new Purchases IN you have not paid in full your previous New Balance before the Due Date) and subtract any payments andcretlts that apply to Purchases. This gives us the Daiy Balance for Purchases- Than, we add all the daily balances for Purchases forthe billingoycle anddvide by the total number of days in the billing cycle. This gives us the Average Daly BalanceforPumhases. Balance Calculation for Cash Advances. A finance charge will be imnmed on all Cash Advances from the dale of each Cash Advance We figure the finance charges for Cash Advances by app'i g the periodic rate torCash Advancesto theAvemge Daily Balance for Cash Advances. To get your Average Daiy Balance for Cash Advances, we take the beginning balance of Cash Advances for your Account each day, and If legally permissible, unpaid finance charges and fees that apply to Cash Advances, atltl any new Cash Advances, and subtract any payments and credits that apply to Cash Advances. This gives us the Daily Balance for Cash Advances. Than, we atltl all the daily balammsfor CmhAdvances farina billing cycle and drNlde by Thermal number of clays In the billing cycle. This gives us the Average Daily Balance for Cash Advances. Balance Calculation for Balance Transfers. A finance charge will be imposed on all Balance Transfers from the date each transiercheck rs writtenbyus. We figure the finance charges for Balance Transfers by applying the periodic rate for Balance Transfers to the Average Daily Balance for Balance Tmnsfem. To get yourAvemge Daily Balance for Balance Transfers, we take the beginning balance of Balance Transfers foryouvAccount each clay, and t legally permissible, unpaid finance charges oncifeesthat appyto Balance Transfers, add anynew BalameTmnsfem andsubtract any payments anderedas thatappy to Balance Transfers. This gives us the Daily Balance for Balance Transfers. Than, we add all the daily balances for Balance Tmnsfem for the bilifng cycle and divide by the total number of days in the billing cycle. This gives ust eAverage Daily Balancefor Balance Transfers. The finance charge may be detemhined by (1) mutiptying each of the Average Daly Balances by the number of days in the billingeycle, (2) nuftiplying men of the MWIls try the applicable dallypenodie rate, and (3) adding each of theseproducts together Annul Fee Ranawal Notice. If your credit card agreement provides for an annual fee, the annual fee will be billed on your credit card statement once a year. Yw will have 30 clays from the date that the statement is mailed in which to terminate your credit card and have youra=o tcreditedforthefee. Ifyoudecidetoterminateyoureard, you may Camillus to use your account during the 30 clay period- After that, you may not make any fuller purchases or cash advances on your account. The terms of this notice do not apply to businem aooourt& atiRno Riah4summam in Case of Errors Or Questions AboutYot r Bill. If you think your' bill is wrong, or it you need rnore information about a transaction on your bill, write us on a separate sheet at the Customer Service address listed an your bill as soon as possible. We must hear from you no later than 60 clays site rwe sent you the first bill on which the an or or problem appeared. You can telephone us, but doing so will not preserve your right. In your letter, give usthetollow ng tmormation: Your name and account number. The doller amoum of the suspected error Describe the error and explain, t you can, why you believe there isan error. ityw need more ntormatiw, describethe temyou areunsure abort. You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of yourbill that are nor in guesnon. While we investigate your question, we cannot report you as delinquent or take any action to collect the amoum you Westion. Special Rub For Credit Card Purchases. If yw have a problem with the qualty, of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount clue on the goods or services. Yw have this protection only when the purchase price was more than $50 and the purchase was made in your home state or within 100 miles of your current mailing address. (t we own or operate the merchant or if we mailed you the advertisement for the property or services, all purchases are covered regarlless of amount orlocation of purchase). This Is an attempito collect a debt and any information obtained willbe usedforthat purpose. vish us at www.nc-cardWWices.com to obtain account information, make payments online, or view recent transaction activtyl O,Ak"', 3 011268tl r 0 CERTIFICATE OF SERVICE The undersigned hereby certifies that true and correct copies of the within Plaintiff's Motion to Determine Sufficiency of Defendants' Answers to Plaintiff's Requests for Admissions mailed to the following on this day of 2005 by first class, U.S. Mail, postage pre-paid: Russell E. Clouser E sic Lisa M. Clouser 11 Countrysic!e Court Camp W!, R "?011-1 •18 P-.pe^.`,!'iy Submitted: A'FLTn"AN fin,/EINBERG & REIS CO.. L.P.A. Jam ?. W irmbrodt, Esq Pa.,. .#42524 A or eys for Plaintiff 7I 18 Koppers Building 1436 eventh Avenue 1,,, . P^, 15219 A(?,2) 434-7955 • VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for filing of this Plaintiffs Motion to Determine Sufficiency of Defendant's Answers to Plaintiff's Requests for Admissions and that the facts set forth in the foregoing Plaintiffs Motion to Determine Sufficiency of Defendant's Answers to Plaintiffs Requests for Admissions are true and correct to the best of his knowledge, information and belief. r 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff vs. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. AND NOW. this No. 05-561 ORDER OF COURT day of 2005, after notice and hearing, it appearing to the Court that Defendants' Answers to Plaintiff's Requests for Admissions numbered 2 through 7 do not fairly meet the substance of the requested admissions and therefore do not comply with the requirements of Pa.R.C.P. 4014(b), it is therefore ORDERED, ADJUDGED and DECREED that said requested admissions be and hereby are deemed admitted for all purposes in connection with this action. Rv tha Cniirt !5 1_. 1 4 , NATIONAL CITY BANK, Plaintiff VS. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 05-561 CIVIL IN RE: PLAINTIFF'S MOTION TO DETERMINE SUFFICIENCY OF DEFENDANTS' ANSWERS TO PLAINTIFF'S REQUESTS FOR ADMISSIONS ORDER AND NOW, this z'/day of May, 2005, argument on the within motion is set for Thursday, June 2, 2005, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 41- Kevi A. Hess, J. James C. Warmbrodt, Esquire For the Plaintiff Russell and Lisa Clouser, Pro Se Defendants s z y- :rlm i[ ? ? ?? NATIONAL CITY BANK, Plaintiff V. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants CIVIL ACTION - LAW NO. 05-561 CIVIL IN RE: PLAINTIFF'S MOTION TO DETERMINE SUFFICIENCY OF DEFENDANTS' ANSWERS TO PLAINTIFF'S REQUESTS FOR ADMISSIONS ORDER OF COURT AND NOW, this 2nd day of June, 2005, the motion of National City Bank for a ruling on the sufficiency of the request for admissions is deferred, and the defendants are directed to respond to said request for admissions within forty-five days. By the Court, .Xrmrberly A. DeWitt, Esquire For the Plaintiff sssell and Lisa Clouser, Defendants :bg IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Pro se N D Ieot f", ?xo ? ? a? y9 Pn? NATIONAL CITY BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RUSSELL E. CLOUSER and NO. 05-561 CIVIL LISA M. CLOUSER, Defendants IN RE: MOTION TO COMPEL ORDER OF COURT AND NOW, this 2nd day of June, 2005, the motion of the defendants to compel is granted to the extent that the defendants are directed to produce an itemized list of the entries in their account which they dispute within forty-five days. Within forty-five days of the production of said list, National City Bank is directed to produce any supporting documentation or show cause why it cannot. By the Court, imberly A. DeWitt, Esquire For the Plaintiff ussell and Lisa Clouser, Pro se Defendants :bg Ub dNo ,uJ VINVAiAS NI]d 61 =Zl Idd 9- Nnr 9DO1 Kdvi icrliodd 3H1 d0 ?OI2JO-Glid Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. Case No.: 05-561 RUSSELL E. CLOUSER AND CIVIL - LAW LISA M. CLOUSER, Defendants. RESPONSE TO ORDER OF COURT FOR SPECIFIC ITEMS Propounding Party: National City Bank Responding Party: Russell E. Clouser and Lisa M.Clouser COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants, and hereby responds to the Order of Court , as follows: The Order of Court states: AND NOW, this 2nd day of June, 2005, the motion of the Defendants to compel is granted to the extent that the Defendants are directed to produce an itemized list of the entries in their account which they dispute within forty-five days. Within forty-five days of the production of the said list, National City Bank is directed to produce any supporting documentation or show cause it cannot. Page 1 of 2 Response: After a reasonable investigation, the documents sought are no longer in Defendant's possession. As I cannot specify the specific amounts, and the length of time which has expired since the inception of this dispute, l must: dispute all of them and request that the Plaintiff provide proof that the charges for which the Plaintiff is suing, the actual amount sued for, and how the Plaintiff arrived at that amount, be brought forward with the signed sales receipts and any other books and records which the Plaintiff has which show in fact that the Defendant is responsible for an amount that. remains unpaid as Defendant contends still that multiple payments were not properly credited to the subject credit card account. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 8a' day of July 2005. Respectfully submitted and signed by Russell E. Clouser and Lisa M. Clouser, RM Page 2 of 2 4 Q r ', 4 ' u? , co [j t cn ? 00 Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-561 CIVIL - LAW RESPONSE TO ORDER OF COURT FOR REQUEST FOR ADMISSIONS Propounding Parry: National City Bank Responding Party: Russell E. Clouser and Lisa M. Clouser COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendant, and hereby responds to National City Bank, Plaintiff's Request for Admissions, as follows: Request No. 2 Attached hereto as Exhibit "1" are true and correct copies of the statements for the Defendant's credit card account no. 4311'966487010256 showing all the charges and payments from September 29, 2004 though June 16, 2004. Response: Denied. Defendant cannot say for absolute certain that these documents submitted by Plaintiff are the true and correct copies of the statements. Further, that the statements here do not show all charges made by Defendant as Defendant cannot be certain that those specific charges are in fact Defendant's and these statements do not show all payments made on the account either. Page 1 of 4 Request No. 3. Defendant's are required to make monthly payments to Plaintiff on any outstanding balances owed on the subject credit card account no. 4311966487010256. Response: Denied There is no outstanding balance on the credit card because the account is paid in full and according to the Federal Credit Billing Act states the following : If a consumer notifies a creditor of a billing error or otherwise inquiry under the Fair Credit Billing Act, 15 USC Section 1666 the creditor has 90 days (no more than 2 billing cycles) to investigate the matter and come to a resolution. See 15 USC Section 1666a(3)(A) The creditor is not allowed to make any attempt to collect prior to an investigation pursuant to 15 USC Section 1666a (3) (A) that section states:"not later than two complete billing cycles of the creditor (in no event later than ninety days) after the receipt of the notice and prior to taking any action to collect the amount, or any part thereof, indicated by the obligor under paragraph (2)." Prior to any collection efforts the creditor may either make appropriate corrections to the consumer's account or send a written explanation report or clarification to the consumer, or provide documentary evidence of the consumer's indebtedness. See 15 USC Section 1666a(3i) & (ii) Only after complying with the above may the creditor attempt to collect on disputed amount.The law is clear on the issue. 15 USC, Section 1666 et seq. is backed by Title 12 of the Code of Federal Regulations Section 226.13, which states :"...(d) Rules pending resolution. Until a billing error is resolved under paragraph (e) or (f) of this section, the following rules apply: (1) Consumer's right to withhold disputed amount; collection action prohibited. The consumer need not pay (and the creditor may not try to collect) any portion of any required payment that the consumer believes is related to the disputed amount (including related finance or other charges)." Page 2 of 4 Plaintiff has yet to send any resolution document to Defendant showing that an investigation was done and what the results of that investigation revealed. Request No. 4. Defendants have failed to make any payments to Plaintiff on the subject credit card account no. 4311966487010256 since January 27, 2004. Response: Denied. We have not failed to make any payments because the account is being disputed and as stated in the Federal Credit Billing Act, I am not required to make any payments until billing error is resolved. Request No. 5. Defendants have not submitted any written dispute to any accounting inaccurancy concerning the amounts demanded by the Plaintiff on the subject credit card account no. 4311966487010256. Response: Denied I have sent Plaintiff a billing error dispute letter on 02-23-04 and it was sent certified return mail receipt. According to the United States Postal Service, the letter was received on March 8, 2004 at 6:13am. See Exhibits attached. Request No. 6. The balance owed by the Defendants to the Plaintiff on the subject credit card account no. 4311966487010256 as of June 16, 2004 was $ 5,555.28. Response: Denied. There is no amount due or owing on the subject credit card because it is already paid. This is the basis for the investigation and subsequent request in Defendant's Discovery Requests to Plaintiff regarding Plaintiff producing the actual accounting, the books and records, not the mere billing statements which are flawed and contain errors as yet unresolved, to see how Plaintiff arrived at the amount sued for. Request No. 7. The applicable finance charge on the subject credit card account Page 3 of 4 no. 4311966487010256 as of June 16, 2004 was 23.90% per annum. Response: Denied. According to the Federal Credit Billing Act states the following: The law is clear on the issue. 15 USC, Section 1666 et seq. is backed by Title 12 of the Code of Federal Regulations Section 226.13, which states: °...(d) Rules pending resolution. Until a billing error is resolved under paragraph (e) or (f) of this section, the following rules apply: (1) Consumer's right to withhold disputed amount; collection action prohibited. The consumer need not pay (and the creditor may not try to collect) any portion of any required payment that the consumer believes is related to the disputed amount (including related fmance or other charges)." VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 8th day of July 2005. Respectfully submitted and signed by Russell E. Clouser and Lisa M. Clouser, Page 4 of 4 "National City Bank K-A16-F5,One NCC PKWY Kalamazoo, MI 49009-8003 February 23, 2004 RE: Billing Error on Account # 4311-9664-8701-0256 Amount in Dispute: $ 4937.82 Dear National City Visa: I am writing regarding the above account. I believe that my most recent statement, 02/17/04 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 02/17/04. 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 02/17/04. 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 National City Visa over the phone. I am requesting that all communications be conducted in writing, and I appreciate your honoring my request. S" R sse Clouser II Countryside Court Camp Hill, Pa 17011 Certified Mail#: 7003-3110-0006-2758-8144 ¦ Compleit9 tYems 1,?,. and s. Also cornIolete A agnsturs - . , .-. item 4If ReallictedDeilvery is dealred. QAgerR ¦ Print your name and address on the reverse Q,Addreeeae so that we can return the card to you. ¦ A this care) to the back of the mailpiece, EL Received by (P1fn ame) O. Date of DeWery or the front If space permits. 1. aAddressed to: Art D. Is delNe9 address if YES ter delive M C'VrO mer Sff-dice , ry Mgp ? K-A1lo-F5 F One NCC P l w y ? kC41iaft)Oz MI a: service type Mall o 00 t Registered ? Return Receipt for Merchandise OO ( Q Insured Mail 0 C.O.D. - 3003 4. Restricted Delivery ? '(E &a Fee) Q Yee 2. Arlde Number ({rattwIro,naeMCelabeq 7003 3110 0206 27 58 8144 Ps Form 3811, August 2001 Domestic Return Receipt EEEEE- 102585-02-WI64e •USPS - Track & Confirm UNITEDSTATES POSTAL SERVICE Page 1 of i Home I Help Track & Confirm ........... ..... Track & Confirm Search Results Label/Receipt Number: 7003 3110 0006 2758 8144 Status: Delivered Your Rem was delivered at 6:13 am on March 08, 2004 in KALAMAZOO, MI 49009. A proof of delivery record may be available through your (local Post Office for a fee. Additional information for this item is stored in files offline Reatas omas Dfirsiu-> Q7 Rfitum to USPS.can Nmms a - Track & Confirm Enter Label/Raceipt Number. I ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ©1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 7/6/2005 C? v O cc) cn C" Russell E. Clouser and Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. Case No.: 05-561 RUSSELL E. CLOUSER AND CIVIL - LAW LISA M. CLOUSER, Defendants. CERTIFICATE OF SERVICE I am over 18 years of age and I am not a party to this action. I reside at 229 West Dauphin Street, Enola, PA 17025. On the 8th day of July, 2005, I mailed a copy of Defendant's Response to Order of Court for Specific Items and Response to Order of Court for Request for Admissions via Certified Mail Number 7004-0550-0000-2718-5426 on behalf of: Russell E. Clouser and Lisa M. Clouser c/o I 1 Countryside Court Camp Hill, PA 17011-1518 The documents were mailed to: William T. Molczan WELTMAN, WEINBERG & REIS Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 By: Je Haulman ,229 West Dauphin Street Enola, PA 17025 Certificate of Service by Mail Page 1 of 1 o c? v ?- t .cN i RECEIVED AUG 17 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff, vs. RUSSELL E. CLOUSER and LISA M. CLOUSE R, Defendant No. 05-561-CIVIL TYPE OF PLEADING: Plaintil'Ps Motion for Sanctions FILED ON BEHALF OF: National City Bank LOCAL COUNSEL FOR PLAINTIFF: JAMES C. WARMBRODT, ESQUIRE, PA I.D.##42524 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR9 03964755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, No. 05-561-CIVIL Plaintiff, vs. TYPE OF PLEADING: Plaintiff's Motion for Sanctions RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendant FILED ON BEHALF OF: National City Bank LOCAL COUNSEL FOR PLAINTIFF: JAMES C. WARMBRODT, ESQUIRE, PA I.D.442524 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR# 03964755 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NATIONAL CITY BANK, Plaintiff vs. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants No.: 05-561-CIVIL PLAINTIFF'S MOTION FOR SANCTIONS AND NOW, comes the Plaintiff, by and through its attorneys, Weltman, Weinberg & Reis Co., L.P.A., and files the within Motion: Plaintiff commenced the within action seeking to recover from the Defendants the sum of $6,305.91 owed on their credit card account. Defendants have filed an answer pro se denying the debt and alleging that the debt has been paid. Defendants have previously served Interrogatories, a Request for the Production of Documents and a Request for Admissions. 4. Although the underlying dispute surrounds charges and credits to Defendants' credit card account, Defendants' aforementioned discovery requests sought information and documentation specifically excluding the monthly statements on Defendants' credit card account. 5. Plaintiff served Defendants with answers and objections to their aforementioned discovery requests. 6. Defendants' thereafter filed a Motion to Compel Plaintiff to answer its discovery requests. T Following a hearing on June 2, 2005, this Honorable: Court entered an order granting the Defendants' petition upon the condition that Defendants produce an itemized list of charges that they dispute. Attached hereto as Exhibit "1" is a copy of the Court's aforementioned order of June 2, 2005. 8. On or about July 8, 2005, an individual by the name of Jeff Haulman, apparently at the Defendants' request, served on Plaintiff's undersigned counsel a Response To Order of Court for Specific Items and Response to Order of Court for Request for Admissions, a copy of which is attached hereto as Exhibit "2". 9. In their Response To Order of Court for Specific Items, Defendants state that they cannot specify which charges they dispute and therefore dispute all charges. Instead, Defendants request documents that are not in Plaintiff s possession, as Plaintiff has previously answered. 10. In an effort to discover the alleged factual basis of Defendants' dispute, Plaintiff's undersigned counsel served on the Defendants discovery requests, to which discovery requests Plaintiff attached copies of the monthly statements for Defendants' account showing all charges and credits from September 29, 2003, prior to which date there was a zero balance on Defendants' account, through June 16, 2004. 11, Included in Plaintiff's aforementioned discovery requests are requests for admissions wherein Plaintiff has requested that Defendants admit facts related to their credit card account and the attached monthly statements. 12. Defendants failed and refused to file answers responsive to Plaintiff's Requests for Admissions on the basis that Defendants are disputing the debt and that Plaintiff has not answered Defendants' discovery requests to their satisfaction. 13. Plaintiff thereafter filed a motion to determine the sufficiency of Defendants' answers to Plaintiffs requested admissions. 14. Following a hearing on June 2, 2005, this Honorable Court entered an order directing the Defendants to answer Plaintiff s requested admissions in accordance with Pa.R.C.P. 4014(b). Attached hereto as Exhibit "3" is a copy of the Court's aforementioned order of June 2, 2005. 15. In their Response to Plaintiff s Requests for Admissions, Defendants refuse to admit or deny any of the charges and any of the payments set forth on the statements for Defendants' account, for the same reasons set forth in their previous Answer. 16. Defendants denials fail to meet the substance of the requested admissions, as required pursuant to Pa.R.C.P. 4014(b). 17. Defendants have failed and refused to comply with this Honorable Court's orders of June 2, 2005. 18. Defendants' conduct throughout the course of this case has been dilatory, obdurate, vexatious, arbitrary and in bad faith. 19. Plaintiff requests that is entitled to receive, and hereby requests, reasonable counsel fees, pursuant to 42 Pa.C.S.A. § 2503. WHEREFORE, Plaintiff humbly requests that this Honorable Court enter an order pursuant to Pa.R.C.P. 4019 awarding judgment in favor of the Plaintiff and against the Defendant, directing Defendants to pay Plaintiffs reasonable counsel fees, together with any further relief which this Honorable Court deems appropriate. Respectfully submitted, g`C. Warmbrodt, Esquire man, Weinberg & Reis Co., L.P.A. Koppers Building eventh Avenue ureh. PA 15219 (412) 434-7955 03964755 NATIONAL CITY BANK, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-561 CIVIL RUSSELL E. CLOUSER and : LISA M. CLOUSER, Defendants IN RE: MOTION TO COMPEL ORDER OF COURT AND NOW, this 2nd day of June, ;2005, the motion, of the defendants to compel is granted to --he extent that the defendants are directed to produce an itemized list of the entries in their account which they dispute within forty-five days. Within forty-five days of the production of said list, National City Bank is directed to produce any supporting documentation or show cause why it cannot. By the Court, Kimberly A. DeWitt, Esquire For the Plaintiff Russell and Lisa Clouser, Pro se Defendants bg EXHIBIT a? Russell E. Clouser and Lisa M. Clouser c/o I I Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. Case No.: 05-561 RUSSELL E. CLOUSER AND CIVIL - LAW LISA M. CLOUSER, Defendants. CERTIFICATE OF SERVICE I am over 18 years of age and I am not a parry to this action. I reside at 229 West Dauphin Street, Enola, PA 17025. On the 8th day of July, 2005, I mailed a copy of Defendant's Response to Order of Court for Specific Items and Response to Order of Court for Request for Admissions via Certified Mail Number 7004-0550-0000-2718-5426 on behalf of: Russell E. Clouser and Lisa M. Clouser c/o I 1 Countryside Court Camp Hill, PA 17011-1518 The documents were mailed to: William T. Molczan WELTMAN, WEINBERG & REIS Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 By: Jd Jaff Haulman '229 West Dauphin Street Encla, PA 17025 n C? ,)/ d o? Certificate of Service by Mail Page 1 of 1 11w & Qp n _? ..r„= ?:_ r? ,r? r''' `''',?`??. L;, ?`, r . _, ?. U? u r ??? ?¢ ? Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, vs. RUSSELL E. CLOUSER AND LISA M. CLOUSER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 CIVIL - LAW Defendants. RESPONSE TO ORDER OF COURT FOR SPECIFIC ITEMS Propounding Party: National City Bank Responding Party: Russell E. Clouser and Lisa M.Clouser COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants, and hereby responds to the Order of Court, as follows: The Order of Court states: AND NOW, this 2"d day of June, 2005, the motion of the Defendants to compel is granted to the extent that the Defendants are directed to produce an itemized list of the entries in their account which they dispute within forty-five days. Within forty-five days of the production of the said list, National City Bank is directed to produce any supporting documentation or show cause it cannot. Page 1 of 2 Response: After a reasonable investigation, the documents sought are no longer in Defendant's possession. As I cannot specify the specific amounts, and the length of time which has expired since the inception of this dispute, I must dispute all of them and request that the Plaintiff provide proof that the charges for which the Plaintiff is suing, the actual amount sued for, and how the Plaintiff arrived at that amount, be brought forward with the signed sales receipts and any other books and records which the Plaintiff has which show in fact that the Defendant is responsible for an amount that remains unpaid as Defendant contends still that multiple payments were not properly credited to the subject credit card account. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 8`h day of July 2005. Respectfully submitted and signed by Russell E. Clouser and Lisa M. Clouser, T V Page 2 of 2 ? r,a ca O TI T, ? T GC=j fll rl) r co 'J Q7 -< Russell E. Clouser and Lisa M. Clouser c/o 1 I Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL CLOUSER AND LISA M. CLOUSER, Defendants. IN THE COURT COMMON PLEAS COUBERL AND COUNTY, PENNSYLVANIA Case No.: 05-561 CIVIL - LAW NOTICE TO PLEAD To National City Bank, Weltman, Weingberg & Reis Co., attorney of record for Plaintiff. PLEASE TAKE NOTICE that pursuant to Pennsylvania Civil Rules of Procedure, rule 1361, you are hereby notified that Defendants have filed a Reply to Plaintiff's Answer and Objection and Verification in Support. Plaintiff may respond in the time allowed by the rules. Dated: August 23, 2005. Respectfully submitted and signed by, Russell E. Clouser and Lisa M. Clouser without prejudi Notice to Plead - Page I of 1 ? C N Q . ? ? ?' C? P hJ '?;G =? -' ? - C-: 3 t? :J Russell E. Clouser and Lisa M.Clouser c/o 11 Countryside Court Camp Hill, PA 17011 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, IN THE COURT COMMON PLEAS CUMBERLAND COUNT, PENNSYLVANIA VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. Case No.: 05-561 CIVIL - LAW DEFENDANT'S REPLY TO PLAINTIFF'S ANSWER & OBJECTION TO DEFENDANT'S RESPONSE TO COURT'S ORDER Defendants cannot produce that which Defendants do not possess. See Verification in Support of Defendant's Reply. The court's order to Defendants contains no language predicating Plaintiff s performance on the performance of the Defendants. Plaintiff knows or should know, AND all competent: jurists know, that Plaintiff bears the burden of proving up Plaintiffs allegation that Defendants are indebted to Plaintiff. Proof must be brought by way of ADMISSIBLE evidence. Admissible evidence must be AUTHENTICATED and introduced by a COMPETENT FACT WITNESS. Such competent fact witness must be made available for cross examination. Any records Plaintiff attempts to pass off as admissible evidence must comport with the business hearsay exception rule as clearly explained in Matrix Computing v. Lubbock National Bank, 554 S.W.2d 288. Defendant's Reply to Plaintiffs Answer & Objection - Page 1 of 3 Plaintiff must show STANDING to sue and this court has a ministerial duty to memorialize Plaintiff's compulsory assertion of standing on the record. Standing contains three elements, to wit: "Over the years, our cases have established that the irreducible constitutional minimum of standing contains three elements: First, the plaintiff must have suffered an "injury in fact" -- an invasion of a legally-protected interest which is (a) concrete and particularized, see id., at 756; Warth v. Seldin, 422 U.S. 490, 508 (1975); Sierra Club v. Morton, 405 U.S. 727, 740-741, n. 16 (1972); and (b) "actual or imminent, not 'conjectural' or 'hypothetical,"' Whitmore, supra, at 155 (quoting Los Angeles v. Lyons, 461 U.S. 95, 102 (1983)). Second, there must be a causal connection between the injury and the conduct complained of -- the injury has to be "fairly ... traceable to the challenged action of the defendant, and not ... the result [of] the independent action of some third party not before the court." Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 41-42 (1976). Third, it must be "likely," as opposed to merely "speculative," that the injury will be "redressed by a favorable decision." Id., at 38,43."112 S. Ct. 2130. Standing cannot be presumed or waived. "[W]e are required to address the issue [standing] even if the courts below have not passed on it, and even if the parties fail to raise the issue before us. The federal courts are under an independent obligation to examine their own jurisdiction, and standing 'is perhaps the most important of [the jurisdictional] doctrines.' " FWlPBS, Inc. v. Dallas, 493 U.S. 215, 230- 231, 110 S.Ct. 596, 607-608, 107 L.Ed.2d 603 (1990). U.S. v. Hayes 515 U.S. 737. Finally, Plaintiff must allege a cause of action, proving up EACH of the elements contained therein. This court has knowledge that Plaintiff is attempting to advance a claim where Plaintiff has failed or refused to: Defendant's Reply to Plaintiffs Answer & Objection - Page 2 of 3 1. Comply with Rules of Civil Procedure and Rules of Evidence, and instead Plaintiff attempts to introduce papers contaminating the record and playing the court for a fool. 2. Prove standing on the record. 3. State a cause of action, proving on the record, each of the essential elements. The question becomes: By what authority can Plaintiff advance a claim under these circumstances? The answer: NONE! To avoid the appearance of bias for the Plaintiff and the appearance of secret law, the court must, sua sponte, dismiss the instant action. In the alternative, the court must allow Plaintiff to seek competent counsel and cure Plaintiff's pleading. Dated: August 23, 2005. Respectfully submitted and signed by, Russell E. Clouser and Lisa M. Clouser, without prejudice. Defendant's Reply to Plaintiff's Answer & Objection - Page 3 of 3 r? ^? o m m c? r -- N - m '- i CDM Russell E. Clouser and Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M.CLOUSER, Defendants. IN THE COURT COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.:05-561 CIVIL - LAW VERIFICATION IN SUPPORT OF DEFENDANT'S REPLY TO PLAINTIFF'S ANSWER AND OBJECTION I, Russell E. Clouser and Lisa M. Clouser, hereby verify and state that we are the named Defendants herein, and we are over 18 years of age, competent, and if called to testify to the statements made herein, we would state the following: 1. Defendants had an account with Plaintiff bearing the account number 4311966487010256. 2. Defendants received a summons and complaint alleging Defendants owe Plaintiff money not yet paid. 3. Defendants do not possess the books and records requested by this court. 4. Defendants have made multiple requests of Plaintiff to prove that Defendants are liable and owe money to Plaintiff. 5. Plaintiff has failed or refused to provide Defendants with admissible evidence proving that Defendants are liable for the amount alleged. Defendant's Verification in Support of Defendant's Reply to Plaintiff's Answer & Objection - Page I of 2 Under penalties as provided by law, the undersigned certifies that the statements set forth in this instrument are true and correct, except to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that we verily believes the same to be true. Dated: August 23, 2005. Respectfully submitted and signed by, Russell E. Clouser and Lisa M. Clouser,without prejudice. Defendant's Verification in Support of Defendant's Reply to Plaintiff's Answer & Objection - Page 2 of 2 Russell E. Clouser and Lisa M Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, IN THE COURT COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. Case No.: 05-561 RUSSELL E. CLOUSER AND CIVIL - LAW LISA M. CLOUSER, Defendants. CERTIFICATE OF SERVICE I certify that a copy of the foregoing Defendant's Reply to Plaintiffs Answer and Objection, Verification of Defendant and Notice to Plead were sent on the 23RD day of August, 2005, by mailing a copy of the same via Certified mail number 7004-2510-0007-6454-9341 to the following person(s): William T. Molczan WELTMAN, WEINBERG & REIS Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 By: P# " (k? Jeff Haulman 229 West Dauphin Street Enola, PA 17025 Certificate of Service - Page I of 1 c7 ?? c__ ? ?.., , _, ` ?? ? "'? ' ' r,, ??? ?,, <<? ? .;a _ ? ?.? m a:-` .. 1. W .?rj .w? ! NATIONAL CITY BANK, Plaintiff vs. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-561 CIVIL IN RE: PLAINTIFF'S MOTION FOR SANCTIONS ORDER a, AND NOW, this day of September, 2005, a brief argument on the within motion for sanctions is set for Thursday, December 1, 2005, at 1:45 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, James C. Warmbrodt, Esquire or the Plaintiff ..Russell and Lisa Clouser, Pro Se Defendants Arn ?? ens ??.? ?: (ter {::.:. ' 1 ?M ?C ?7 ? ? _ ??4J. l ? :- [i? l!J ?=J' O t.} <'••{ Russell E. Clouser and Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, vs. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 CIVIL - LAW DEFENDANT'S OBJECTION AND REPLY TO PLAINTIFF'S MOTION FOR SANCTIONS Plaintiff states that "Defendants have refused and failed to designate any specific items, either charges or payments that they dispute." How much clearer can Defendant be than Defendant's reply, to wit: "Defendant cannot produce that which Defendant does not possess?" Counsel should read FRE, Rule 1004(2). Plaintiff is admonished to adhere to the rules of civil procedure, the rules of evidence and sufficient case law that places the burden of proving a claim squarely on the Plaintiff. Further, Plaintiff failure or refusal to enter into evidence AUTHENTICED DOCUMENTS INTRODUCED BY A COMPETENT FACT WITNESS WHO IS AVAILABLE FOR CROSS EXAMINATION underscores Plaintiff's arrogance or utter disdain for our system of law. Plaintiff's solution is to bombard the court with worthless paper, wasting court resources, as has been done with the instant motion. There is not one modicum of evidence. All competent jurists know that statements and pleadings by counsel have no evidentiary weight whatsoever. Defendant's Objection and Reply to Plaintiffs Motion for Sanctions - Page 1 of 3 Russell E. Clouser and Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011 Defendants, in propria persona. NATIONAL CITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff, vs. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 CIVIL - LAW DEFENDANT'S OBJECTION AND REPLY TO PLAINTIFF'S MOTION FOR SANCTIONS Plaintiff states that "Defendants have refused and failed to designate any specific items, either charges or payments that they dispute." How much clearer can Defendant be than Defendant's reply, to wit: "Defendant cannot produce that which Defendant does not possess?" Counsel should read FRE, Rule 1004(2). Plaintiff is admonished to adhere to the rules of civil procedure, the rules of evidence and sufficient case law that places the burden of proving a claim squarely on the Plaintiff. Further, Plaintiff failure or refusal to enter into evidence AUTHENTICED DOCUMENTS INTRODUCED BY A COMPETENT FACT WITNESS WHO IS AVAILABLE FOR CROSS EXAMINATION underscores Plaintiffs arrogance or utter disdain for our system of law. Plaintiffs solution is to bombard the court with worthless paper, wasting court resources, as has been done with the instant motion. There is not one modicum of evidence. All competent jurists know that statements and pleadings by counsel have no evidentiary weight whatsoever. Defendant's Objection and Reply to Plaintiff's Motion for Sanctions - Page 1 of 3 Plaintiff has failed or refused to show with admissible evidence that Defendant is LIABLE for the amount Plaintiff claims. Plaintiff instead uses subterfuge to fool this astute court into believing that a mere statement, unauthenticated mind you, could rise to the level of admissible evidence. Wrong! Ample case law supports the fact that the Fair Debt Collections Practices Act and any dispute based thereon is to be liberally construed. Defendant believes Plaintiffs claim to be incorrect. It is Plaintiffs burden to prove up the claim. Plaintiff is dead wrong. Billing statements are not the best evidence and in this particular case the billing statements do not comport with the billing records hearsay exception rule, FRE, Rule 803(6), for the reason that the billing records are not authenticated and not introduced by a competent fact witness available for cross examination. The billing records are not trustworthy. Conclusion This court has knowledge that Plaintiff is attempting to advance a claim where Plaintiff has failed or refused to: 1. Comply with Rules of Civil Procedure and Rules of Evidence, and instead Plaintiff attempts to introduce papers contaminating the record and playing the court for a fool. 2. Prove standing on the record. 3. State a cause of action, proving on the record, each of the essential elements. The question becomes: By what authority can Plaintiff advance a claim under these circumstances? The answer: NONE! To avoid the appearance of bias for the Plaintiff and the appearance of secret law, the court must, sua sponte, dismiss the motion for sanctions and dismiss the instant action. Defendant's Objection and Reply to Plaintiff's Motion for Sanctions - Page 2 of 3 Dated: September 29, 2005. Respectfully submitted and signed by, Russell E. Clouser and Lisa M. Clouser, without prejudice. Defendant's Objection and Reply to Plaintiffs Motion for Sanctions - Page 3 of 3 .. 1 ? ? T, ?? V7 ? ?.i.' ti nor=- ?? -? __ ..o ;i: j C3 -<?rn .;: _. ? G? -? .-a ?- _; _ Russell E. Clouser and Lisa M. Clouser c/o 1 I Countryside Court Camp Hill, PA 17011 Defendants, in propria persona. NATIONAL CITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : Case No.: 05-561 RUSSELL E. CLOUSER AND CIVIL - LAW LISA M. CLOUSER, Defendants. CERTIFICATE OF SERVICE I certify that a copy of the foregoing Defendant's Objection and Reply to Plaintiff's Motion for Sanctions were sent on the 29TH day of September, 2005, by mailing a copy of the same via Certified mail number 7004-2510-0007-6454-9389 to the following person(s): William T. Molczan WELTMAN, WEINBERG & REIS Co., L.P.A 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 By' Je 229 West Dauphin Street Enola, PA 17025 Certificate of Service - Page 1 of I cy ? ? C - ?J'? ? (/? T T1 7ti ;^ll S' N ?? V ? ` ? ?? _, ` °." r'. . - t.? `« .?- ? ? rn ,1=- c`? = t ?" a c? - < -<. .F"' NATIONAL CITY BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 05-561 CIVIL TERM RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendant IN RE: PLAINTIFF'S MOTION FOR SANCTION ORDER OF COURT AND NOW, this 1st day of December, 2005, the motion for sanctions is dismissed. By the Court, :imberiy A. DeWitt, Esquire For the Plaintiff 414sell and Lisa Clouser, pro se 11 Countryside Court Camp Hill, PA 17011 Defendants .hg O? i jy 1 't ? ??, r ??('?l [ e.A?( ?7 ?` ?.t,on?-1 C: ? ?wk v L.,e, M C4jcu5ec IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 5(,,1 CIVIL 79o2U05 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ?) N(W 1`T Mr3 C? eh , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $_ fD 51 1q The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT ?I I AND NOW, foregoing petition, Esq., and actions) as prayed for. Esq., Esq., are appointed arbitrators in the above captioned action (or By the Court, P.J. 19_, in consideration of the ?i 7t/v{2 C?i??rroCl??jS ?6c. D w ? b ?' ? ? ? ; t , ? , °, ?_; .. `; t' Nd LA M Cb0Sea IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CJGa l CIVIL -na005 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: (.41: ?VcC k7 M,?Ctieh , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ tj 1u The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, foregoing Esq., and f' ? Lt actions) as prayed for. Respectfully submitted, ORDER OF COURT "'" ? l i?? in consideration of the, j Esq., 'Za_ ?( T !'`?/lr , v, Esq., are appointed arbitrators in the above captioned action (or &icZon. By Court, P.J. L, S. c ('' Al/_%' " C? ?`'-?. ?? w ?' -? ?6c. D _c.. NATIONAL CITY BANK, PLAINTIFF V. RUSSELL E. CLOUSER AND LISA M. CLOUSER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA 05-561 CIVIL TERM ORDER OF COURT AND NOW, this 2,44 day of January, 2006, the appointment of David A. Lopez, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Robert C. May, Esquire, is appointed in his place. By the Court, Edgar B ?-arol J. Linsday, Esquire Chairman /}t?obert C. May, Esquire V Court Administrator :sal rr u o? i? J. r ,,a ., >,?,,?, ?. (1 ZJ?r ? ? ??t iJ 1 ?('1 .y ?'. ?'? • ? , ?;,?L ?... ?, j ? ? 1, ??1:> Plaintiff Ilk , Clew Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. `- Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge th uties of our office wi fidelitV. C_ OS4-, Signature Signature Signature Name (Chairman) Name Name I?L? M0,U +MOLL', Pc m. Law Firm Law Fi Law Firm ` 33o 04 r fi s l e Pike Fo T?av, 1?-3 ?2k U), &;?A Address Address Address 0&&5 P A t -) OLLMD 9-A. PA /90/) &?, C". ?, ) )v?v city, zip City, Zip city, zip 041Aq 11#7ga 4* 183go Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damases for delav are awarded. thev shall be separately stated.) . Arbitrator, dissents. Date of Hearing:; Date of Award: Z3 Notice of Entry of Award name if Now, the S+ day of AUQLis+ , 20 b(p , at 11:14-3 , q .M., the above award wa entered upon the docket and notice the of given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ jqp . 00 [/Y( By Prothonotary' Deputy o -_> IT) C cT Tj 7r t "a - - TZ ?Ie? 444 ' t Russell E. Clouser and Lisa M. Clouser c/o 1 I Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-561 : CIVIL - LAW PETITION TO PROCEED IN FORMA PAUPERIS COMES NOW, Russell E. Clouser and Lisa M. Clouser, and hereby petitions this court Pursuant to Pa. R.C.P. No. 240 to proceed in forma pauperis, as Defendants is unable to pay the costs imposed by the Court. In support of this Petition, Defendants attaches a verification of Russell E. Clouser and Lisa M. Clouser. Dated: September 5, 2006. Respectfully submitted and signed by, Russell E. Clouser and Lisa M. Clouser without prejudice. Petition to Proceed In Forma Pauperis - Page 1 of 1 • 1 Russell E. Clouser and Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-561 : CIVIL - LAW VERIFICATION IN SUPPORT OF PETITION TO APPEAR IN FORMA PAUPERIS 1. We are the Defendants in the above matter and because of our financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. We are unable to obtain funds from anyone, including our family and associates, to pay the costs of litigation. 3. We represent that the information below relating to our ability to pay the fees and costs is true and correct: (a) Name: Russell E. Clouser / Lisa M. Clouser Address: 11 Countryside Court Camp Hill, PA 17011 Social Security Number: 159+38-8069 (Russell Clouser) Social Security Number: 168-54-6874 (Lisa M. Clouser) Petition to Appear In Forma Pauperis - Page 1 of 3 q& (b) Employment- Russell E. Clouser Employer. Ritner Steel, Inc. Address: 131 Stover Drive Carlisle, PA 170131 Gross wages per month: $ 2120.00 Net wages per month; $1667.78 Type of work: Project Administrator c Other income within the past twelve months Business or profession: 0 Other self-employment: 0 Interest: 0 Dividends: 0 Pension and be? fit 0 0 Social security Support payments' 0 Disability Payments. 0 supplemental benels: 0 Unemployment compensation and Workman's compeo ation: 0 Public assistance Other: 0 (d) Other contributions to household support Name: Lisa M. Clouser If your (wife)(husband) is employed, state Employer: West Shore School District Gross Salary per month: $1107.60 Net Wages per month: $ 800.00 Type of work: Reading Aide Contributions from children: 0 Contributions from parents: 0 Other contributions: 0 (e) Property owned Cash: $2.00 Checking account: $12.00 Savings account. $1.00 Certificates of deposit: 0 Real estate (including home): $175,000.00 Petition to Appear in Forma Pauperis - Page 2 of 3 1 Motor vehicle: 1995 Buick Skylark, 1999 Chrysler Circus Cost: $6000.00, Amount Owed: $0 Stocks; bonds: Other: 0 (f) Debts and obligations Mortgage: $ 956.42 Rent: 0 Loans: 0 Other: Monthly Bills such credit cards, groceries, gas, life ' urance, car insurance, electric, cable, water, school lunch money, haircuts, car maintenance, misc.... $1300.00 (g) Persons dependent upon} you for support Name: Lisa M. Clouser-,I Spouse Children: Name: Ryan R. Clouser Age: 13 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances, which would permit me to pay the costs incurred herein. 5. I, verify that the foregoingstatements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated: September 5, 2006. Respectfully submitted signed by, Russell E. Clouser and Lia M. Clouser, without prejudice. I?z 41, Petition to Appear In Forma Pauperis - Page 3 of 3 Russell E. Clouser and Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA i Case No.: 05-561 : CIVIL - LAW TO THE PROTHONOTARY: Notice of given that, Russell b. Clouser and Lisa M. Clouser, appeals from the award of the board of arbitrators entered in this case on March 23, 2006. A Jury trial is demanded. I hereby certify that application has been made for permission] to proceed in forma pauperis. Dated: September 5, 2006. Respectfully submitted an signed by, Russell E. Clouser and Lisa M. Cl user i Notice of Appeal Page 1 of 1 Russell E. Clouser and Lisa M. Clouser 1 I Countryside Court Camp Hill, PA 17011 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.:05-561 : CIVIL - LAW CERTIFICATE OF SERVICE I certify that a copy of Nonce of Appeal from Award of Board of Arbitrators, Petition to Proceed in Forma Pauperis, Verification in Support of Petition to Appear in Forma Pauperis, Order and Praecipe for Listing Case for Trial was sent on the 5 h day of September, 2006, by mailing a copy of the same via Certified mail number 7005-1160-0002-3086-7680 to the following person: William T. Molczan Weltman, Weinberg & REIS Co.,L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 By: Jeff Haulman 229 West Dauphin Street Enola, PA 1702 Certificate of Service - Page 1 of 1 ?'? ? . -? v ,? ( 1-- _r_r -?_ ..? • ?... ?_ .. ? i D _ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: [for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) ? Civil Action - Law [Appeal from arbitration (other) NATIONAL CITY BANK (Plaintiff) VS. The trial list will be called on September 18, 2006 and October 10, 2006. RUSSELL E. CLOUSER AND LISA M. CLOUSER (Defendants) Trials commence on November 6, 2006. Pretrials will be held on October 19, 2006 (Briefs are due S days before pretnals No. 05-561, Civil Term Indicate the attorney who will try case for the party who files this praecipe: Russell E. Clouser and Lisa M. Clouser. Pro Se Indicate trial counsel for other parties if known: Weltman, Weinberg & REIS Co.,L.P.A. This case is ready for trial. Signed: lpv? 099A Date : September 5, 2006 Print Name: Russell E. Clouser / Lisa M. Clouser Attorney for: Pro Se o O c. m C T4 U OC) N t Russell E. Clouser and Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Case No.: 05-561 : CIVIL - LAW ORDER Defendant's Petition to Proceed In Forma Pauperis came before the court on 2006 After careful consideration of Defendant's Petition, it is hereby ordered that: Defendant's Petition to Proceed In Forma Pauperis is Hereby Granted Defendant's Petition to Proceed In Forma Pauperis is DENIED for the following reasons: IT IS SO ORDERED BY THE COURT: ZQ a :b Dated:a -2.095. Presiding/ Judge, Cumberland County Ov ?J i Order - Page 1 of 1 1 t" i ?.??. ,' t ti,? F J. ?1l t ry_ ...... ?e? .. e .... _.. _. _.....? r ? _? Russell E. Clouser Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011 (717) 737-3334 Defendants, in propria persona. NATIONAL CITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : Case No.: 05-561 RUSSELL E. CLOUSER CIVIL - LAW LISA M. CLOUSER, Defendants. CERTIFICATE OF SERVICE I certify that a copy of the foregoing Interrogatories- Set 2, Request for Admissions-Set 2 and Request for Production of Documents-Set 2 was sent on the 13d' day of September, 2006, by mailing a copy of the same via Certified mail number 7006- 0100-0003-4883-5281 to the following person: William T. Molczan WELTMAN, Weinberg & REIS Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 By: Jeff Haulman 229 West Dauphin Street Enola, PA 17025 4 ')(Am&vwv?_ I VV Certificate of Service - Page 1 of 1 Russell E. Clouser Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011 (717) 727-3334 Defendant, in propria persona. NATIONAL CITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : Case No.: 05-561 RUSSELL E. CLOUSER CIVIL -LAW LISA M. CLOUSER, Defendants. INTERROGATORIES - SET 2 To National City Bank, William T. Molczan, attorney of record for National City Bank: You are hereby served with Interrogatories- Set 2 pursuant to Rule 4005 of Pennsylvania Rules of Civil Procedure. Your responses thereto must be served upon the Russell E. Clouser and Lisa M. Clouser, Defendants, within the time limits specified in the Rules. Interrogatory No. 1. Identify each and every person involved in any way in answering these interrogatories by providing their address and telephone number and job description. Interrogatory No. 2. Please provide an itemization of the specific charges that you claim were unpaid on Defendant's account number 4311966487010256. Page 1 of 3 l Interrogatory No. 3. For each allegation in the complaint, please provide factual statements from which you base the allegation. Interrogatory No. 4. Please state your cause or causes of action that you claim Defendants are liable for. Interrogatory No. 5. Please provide the statue(s) you rely upon for each cause of action that you claim Defendants are liable for. Interrogatory No. 6. Please state the legal theory you rely upon for each cause of action. Interrogatory No. 7 Please state the elements you intend to prove each cause of action. Interrogatory No. 8 Please state all facts you rely upon for each cause of action that you claim Defendants are liable for. Interrogatory No. 9 Please provide the names, addresses, and telephone numbers of any witnesses whom you expect to call at trial with a designation of the subject matter about which each witness might be called to testify. Interrogatory No. 10 Please provide the names, addresses, and telephone numbers whom the party believes may have knowledge or information relevant to the events, transactions, or occurrences that gave rise to the action, and the nature of the knowledge or information each such individual is believed to possess. Interrogatory No. 1 I For each of your denial to Defendant's Second Set of Request for Admissions please set forth all facts upon which you base your denial. Page 2 of 3 ?, Dated this 13`h day of September 2006. Respectfully submitted and signed by, Russell E. Clouser Lisa M. Clouser P 4 ? ? x4?- x a, w , " t Page 3 of 3 r_ Russell E. Clouser Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011 (717) 737-3334 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER, LISA M. CLOUSER, Defendants. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-561 : CIVIL -LAW REQUEST FOR ADMISSION - SET 2 To National City Bank, William T. Molczan, attorney of record for National City Bank: You are hereby served with Request for Admissions pursuant to Rule 4014 of Pennsylvania Rules of Civil Procedure. Your responses thereto must be served upon the Russell E. Clouser and Lisa M. Clouser, Defendants, within the time limits specified in the Rules. Request No. 1. Admit that you have no evidence that Defendants are liable for authorizing the charges sued. Request No. 2. Admit that you have no facts from which you rely upon to prove your case. Page 1 of 2 r Dated this 13th day of September 2006. Respectfully submitted and signed by, Russell E. Clouser Lisa A Clouser 0? .RA? '?Lx a I Page 2 of 2 4 -% Russell E. Clouser Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011 (717) 737-3334 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER LISA M. CLOUSER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-561 CIVIL - LAW Defendants. REQUEST FOR PRODUCTION OF DOCUMENTS - SET 2 To National City Bank, William T. Molczan, attorney of record for National City Bank: You are hereby served with Request for Production of Documents - Set 2 pursuant to Rule 4009.11 of Pennsylvania Rules of Civil Procedure. Your responses thereto must be served upon the Russell E. Clouser and Lisa M. Clouser, Defendants, within the time limits specified in the Rules. Request No. 1. Please produce all copies of documents, books and records evidencing the amount sued for that you claim Defendants owes Plaintiff. Request No. 2. Please produce all documents or records evidencing Defendant's liability for the amount sued on. Page 1 of 2 -% PLEASE TAKE NOTICE THAT the documents shall be produced for inspection and copying on or before October 10th, 2006, at the location of Staples, 5850 Carlisle Pike, Mechanicsburg, PA 17055. Dated this 13'h day of September 2006. Respectfully submitted and signed by, Russell E. Clouser Lisa M. Clouser Page 2 of 2 ?' - .. ?- _? ..:;' c?% _` ._Y„ ` t.?.? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NATIONAL CITY BANK, Plaintiff No.: 05-561-CIVIL vs. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes the Plaintiff, by and through its attorneys, Weltman, Weinberg & Reis Co., L.P.A., and in support of its Motion for Summary Judgment respectfully represents as follows: Plaintiff commenced the within action seeking to recover from the Defendants the sum of $6,305.91 owed on their credit card account. A copy of the Complaint is attached hereto as Exhibit "I". 2. Defendants have filed an answer pro se denying the debt and alleging that the debt has been paid. A copy of the Answer is attached hereto as Exhibit "2". 3. Plaintiff filed a Reply to Defendants' New Matter. A copy of the Plaintiff's Reply to New Matter is attached hereto as Exhibit "3". 4. Defendants have previously served Interrogatories, a Request for the Production of Documents and a Request for Admissions directed to the Plaintiff. 5. Although the underlying dispute surrounds charges and credits to Defendants' credit card account, Defendants' aforementioned discovery requests sought information and documentation specifically excluding the monthly statements on Defendants' credit card account. 6. Plaintiff served Defendants with answers and objections to their aforementioned discovery requests. 7. Defendants' thereafter filed a Motion to Compel Plaintiff to answer its discovery requests. 8. Following a hearing on June 2, 2005, this Honorable Court entered an order granting the Defendants' petition upon the condition that Defendants produce an itemized list of charges that they dispute. 9. Defendants did not provide an itemized list of disputed charges, and instead served on Plaintiff's undersigned counsel a Response To Order of Court for Specific Items and Response to Order of Court for Request for Admissions wherein Defendants stated that they could not specify which charges they dispute and therefore dispute all charges. 10. In an effort to discover the alleged factual basis of Defendants' dispute, Plaintiff's undersigned counsel served on the Defendants discovery requests, to which discovery requests Plaintiff attached copies of the monthly statements for Defendants' account showing all charges and credits from September 29, 2003, prior to which date there was a zero balance on Defendants' account, through June 16, 2004. 11. In their responses to Plaintiff's Interrogatories, Defendants failed to identify a single date or amount of any payment made to the Plaintiff on Defendants' account. 12. In their responses to Plaintiff's Request for Production of Documents, Defendants failed to produce a single document related to a payments allegedly made to the Plaintiff, or any documentary evidence in support of their dispute of the balance owed to the Plaintiff. 13. In their responses to Plaintiff's Requests for Admissions, Defendants failed to admit or deny the accuracy of any of the charges or any of the payments set forth on the monthly statements on the account that were attached to the requests for admissions. 14. True and correct copies of Plaintiff's aforesaid discovery requests, together with Defendants' responses thereto, are attached hereto as Exhibit "4". 15. Plaintiff thereafter filed a motion to determine the sufficiency of Defendants' answers to Plaintiff's requested admissions. 16. Following a hearing on June 2, 2005, this Honorable Court entered an order directing the Defendants to answer Plaintiff's requested admissions in accordance with Pa.R.C.P. 4014(b). 17. In their subsequent Response to Plaintiff's Requests for Admissions, Defendants refuse to admit or deny any of the charges and any of the payments set forth on the statements for Defendants' account, for the same reasons set forth in their previous Answer. 18. Plaintiff's aforementioned discovery requests are continuous in nature. 19. To date, Defendants have failed to serve supplemental responses to Plaintiff's discovery requests. 20. This matter was tried before a panel of arbitrators on March 23, 2006. 21. At the arbitration hearing Defendants did not submit any documentary evidence in support of their defense, nor could they testify to the dates or amounts of cash allegedly paid to Plaintiff on this account. 22. Per notice entered on August 31, 2006, the arbitrators entered an award in favor of the Plaintiff and against the Defendants in the amount of $6,305.91. A copy of the award of the arbitrators is attached hereto as Exhibit "5". 23. Defendants have filed an appeal from the award of the arbitrators, and have demanded a jury trial. 24. As the record in this matter reflects, Defendants have not produced any evidence to contradict the charges and payments set forth on the statements of Defendants' account, Defendants have not produced any evidence that they have paid the account in full, nor have Defendants averred any facts that would establish a meritorious defense to Plaintiff's action herein. 25. As set forth above, there is no genuine issue of any material fact as to a necessary element of Plaintiff's cause of action or the defense thereto which could be established by additional discovery or expert report, and that Plaintiff is entitled to judgment in its favor as a matter of law. WHEREFORE, Plaintiff humbly requests that this Honorable Court enter an order granting Summary Judgment in favor of the Plaintiff and against the Defendants for the amount demanded by the Plaintiff in its Complaint, together with any further relief which this Honorable Court deems appropriate. Respectfully submitted, JP18 C. Warmbrodt, Esquire W an, Weinberg & Reis Co., L.P.A. 2, Koppers Building 36 eventh Avenue 741 ' sburgh, PA 15219 2) ) 434-7955 WWR# 03964755 CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff's Motion for Summary Judgment has been served by U. S. Mail, Postage Pre-Paid, on of 2006 upon the following: Russell and Lisa Clouser 11 Countryside Court Camp Hill, PA 17011 B) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff No. vs. COMPLAINT IN CIVIL ACTION RUSSELL E CLOUSER AND LISA M CLOUSER Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03964755 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff VS. RUSSELL E CLOUSER AND LISA M CLOUSER Defendants Civil Action No. COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for 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 LAWYER REFERRAL SERVICES CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD ST. CARLISLE, PA 17013 COMPLAINT 1. Plaintiff is a corporation with offices in 1 National City Parkway, Kalamazoo, MI 49009. 2. Defendants are residing at 11 Countryside Court, Camp Hill, PA 17011. 3. Defendants applied for and received a credit card issued by Plaintiff bearing the account number 4311966487010256 . A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Defendants made use of said credit card and has currently a balance due and owing to Plaintiff, as of November 26, 2004, in the amount of $ 6,305.91. 5. Defendants are in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 23.90% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendants, Russell E. Clouser and Lisa M. Clouser jointly and severally, in the amount of $ 6,305.91 with continuing finance charges thereon at the rate of 23.90% per annum from November 26, 2004 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEMERG & REIS, CO., L.P.A. William T. Molczan,,4squire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 1521.9 (412) 434-7955 WWR#:03964755 D d n ` N 4 ` D? f •w , f9 @ °- ro n cv m 10 o O ? ?A' q ? ? o a E° vs -o v -tea G ro ?Za ? n R o G -+ N O¢ co r' lz 70 O a 0 n C 6 y n y N Ln 3 m 3 o`' y ?? ro `„n 3 o a rn m a ° o co ro o m r '-• C> rn 3 0 0 C> ° 0 .r, 0 .P %u ? rc 7 ro R ry co ° co co ro .a 1 N o ° cn U' w a TQ ° 3 0 s .J o T ? ? - 0 p 'Q .a o ? ? O a n 3 9 y ? 4 -n 5 o' m zr N m ff ? N p ! f9 3 t O ?^ O .- N n N 3 N ? Q Q. 5 -0 R Y IT a ! N 0 fD to 3 G to N O ro o n N U) 3 tD ? _ ro w _ 0 Ln s -° 'a O 3 r O Q ?+ a a' o a o O M 3 r ° r ,?, r ?„? rn r o a r G o U) b b ° Q%D o ?? G a uoi N l ro ti r uti r rn N cr Q N ?- z c Z o C r ? O m m a z co ? n M Q m N M 1 rn N W 1D O 0 ad c 01 S m ro N n m ° 1 ^^ ?? O 7 N N -C Q %D K A r ? ? O W C1 3 Ap IN m m Q) Q r o .. A A .. ? J 0 1 ut it ut O = W ? rt d Lnn ?D s n N m 'fl A ro S d c ?a ro N N V n W roo O O O t0 3 m n ;a 3 w to rt ma a? ?_ m (? 3? m v T y C 0 V) d n rrr ?n Q o ' ? c ro • ? '? rn N fD (n S N C rD 3 3 o Lq o o fl' t^f ? 3 N 3 O O O O O O O O O O O O O n mZ m a o ohm Z Z Z A ?Oz n D q03 Op> C a ?,z 3= z m cmN ?m 0 mMT ?n O? z? O G A a 0 X n _ N ,t 0. m? a T N m fD N H E m Cr V) N 7 U) o. a n g PD N K? ? o FF i o 00 r r+ y ry 3 N N ca N L-1 0 O a Q 3 r3D 3 0 a a .T. Q VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unswom falsifications to authorities, that he/she is (NAME) ntAc.v Ad iA ?+nr of 1011c"ryd 0- , plaintiff herein, that 1-i ' (TITLE) (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. SIGNATURE) WWR# 03964755 Russell E. Clouser and Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M.CLOUSER, Defendants. ??x li IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-561 : CIVIL -LAW ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants and hereby answers the Plaintiff's Complaint as follows: 1. As to paragraph 1, after reasonable investigation the Defendants 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, it is hereby denied, the statement of account is not accurate and was disputed by Defendants. 4. As to paragraph 4, it is hereby denied because the account has been paid in full. 5. As to paragraph 5, it is hereby denied, as Plaintiff failed to credit the account for payments made by Defendants. Answer to Complaint - Demand for Trial by Jury Page 1 of 3 ?? L 6. As to paragraph 6, it is hereby denied, because the account has been paid in full. 7. As to paragraph 7, it is hereby denied, because the account has been paid in full. NEW MATTER 8. First New Matter: Defendants has no knowledge of any of the specific items on the account sued on, or if any of such items were authorized by Defendants and duly charged to the account. 9. Second New Matter: There is no money due and owing, as the account has been paid in full. 10. Third New Matter: Plaintiff has failed to perform its condition precedent under Federal Law by failing to resolve certain matters in dispute with Defendants prior to bringing this action. 11. Fourth New Matter: Plaintiff breached the original contract by pursuing collection efforts notwithstanding the dispute unresolved with Defendants. DEMAND FOR JURY TRIAL 12. That the Defendants hereby demands a trial by a jury in this instant case. PRAYER Defendants Prays that the complaint be dismissed or a judgment entered in favor of Defendants with cost to Defendants for having to defend this frivolous lawsuit and for any other cost that the court may deem reasonable and just. Answer to Complaint - Demand for Trial by Jury Page 2 of 3 VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated: February 17, 2005. Respectfully submitted and signed by, Russell E. Clouser and Lisa M. Clouser. Answer to Complaint - Demand for Trial by Jury Page 3 of 3 Russell E. Clouser and Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-561 CIVIL - LAW CERTIFICATE OF SERVICE I certify that a copy of the foregoing Answer to Complaint; Demand for Jury Trial was sent on the 17th day of February, 2005, by mailing a copy of the same via Certified mail number 7003-2260-0002-2445-1022 to the following person: William T. Molczan WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 ? / By - r tifl? ` Jeff Haulman 229 West Dauphin Street Enola, PA 17025 Certificate of Service Page 1 of 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff vs. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. 3 No. 05-561 REPLY TO NEW MATTER FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I.D. #42524 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03964755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff vs. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. No. 05-561 REPLY TO NEW MATTER AND NOW, comes Plaintiff, National City Bank, by and through its counsel, WELTMAN, WEINBERG & REIS, CO., L.P.A., and files the within Reply to New Matter, averring in support thereof the following: 8. Paragraph 8 of Defendants' New Matter contains no averments to which a response is required. To the extent that a response may be required, after reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in Paragraph 8 of Defendants' New Matter, and strict proof thereof is demanded at time of trial. 9. The averments contained in paragraph 9 of Defendants' New Matter constitute conclusions of law to which no response is required. To the extent that a response may be required, Plaintiff specifically denies that there is no money due and owing and that the account has been paid in full, and Plaintiff incorporates paragraphs 1 through 7 of its Complaint as though herein set forth at length. 10. The averments contained in paragraph 10 of Defendants' New Matter constitute conclusions of law to which no response is required. 11. The averments contained in paragraph 11 of Defendants' New Matter constitute conclusions of law to which no response is required. 12. Paragraph 12 of Defendants' New Matter contains no averments to which a response is required. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendants for the amount demanded in its Complaint. WELTMAN, WEINBERG & REIS, CO., L.P.A. JAM I PA I. Welti 271$ 436/ ;. WARMBRODT 42524 , Weinberg & Reis Co., L.P.A. 3pers Building 7th Avenue burgh, PA ) 434-7955 15219 CERTIFICATE OF SERVICE The undersigned hereby certifies that true and correct copies of the within Plaintiffs Reply to New Matter mailed to the following on this day of F'LZ ONW , 2005 by first class, U.S. Mail, postage pre-paid: Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 Respectfully Submitted: WELTMAN, WEINBERG & REIS CO., L.P.A. Ja m?, C. VNarmbrodt, Esquire Pa. D. #42524 Aft, neys for Plaintiff 2 1,8 Koppers Building 4 6 Seventh Avenue i sburgh, PA 15219 12) 434-7955 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for filing of this Reply to New Matter and that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK, Plaintiff VS. RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants. TO: Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp FE11, PA 17011-1518 No. 05-561 Z?'/'? PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS If you cannot answer the following discovery requests in full after exercising due diligence to secure the information to do so, please so state and answer to the fullest extent possible, specifying your inability to answer the remainder, stating whatever information or knowledge you have concerning the unanswered portion. In the event that an objection is made with respect to any request, state the grounds for the objection and the facts supporting the basis for the objection. You are requested to respond in truth and admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate o cer or director or the like, then you are EXH1BI requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. Pursuant to Pennsylvania Rules of Civil Procedure 4001 et seq., you are requested to answer each of the Interrogatories hereinafter set forth. You are instructed that: Each Interrogatory must be answered separately, fully, in writing and under oath. 8. Answers must be signed by the person making them and must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after service thereof. 9. Each interrogatory is continuing in nature so as to require supplementary answers if you or your attorney should obtain information that the answer was incorrect when made or becomes no longer true. 10. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. 11. In these Interrogatories: A. The word "Person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "document(s)" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity". "identify". "identification", when used with respect to a person(s) means to state the full name and present or last known address and business address of such erson s and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity", "identify" "identification", when used with respect to a date, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each ep rson who have possession, custody, and control of said document(s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word -"identify", when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identi each and every 12erson(s) participating in such an act; (3) identi all other person(s) (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identi the erson s presently having possession, custody or control of such record. 12. Unless otherwise indicated, all interrogatories herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 13. Any demand herein for documents or tangible things is a request for production pursuant to Pennsylvania Rules of Civil Procedure 4009 and a response is demanded pursuant to that rule. 14. These requests are of a continuous nature. These Requests for Production of Documents shall be deemed continuing so as to require supplemental answers and documents if any information of documents are acquired subsequent to the filing of responses hereto, which information or documents would have been included in the answers and documents produced had it been known or available at the time the answers and the documents provided pursuant hereto were produced. Defendants shall supply such information and documents by supplemental answers and production of documents as soon as such information becomes known or available and in all events, prior to trial of this action. 15. If objection is made to any requests for production of documents, it is demanded that the requests for which there is no objection be answered and famished within the aforesaid period. 16. All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job title and department from whose files it was produced and the current custodian of said document. 17. If a document called for is believed to exist or is known to exist, but is in the possession, custody or control of another person or parry, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the publisher, possessor, custodian or disseminator of such document. 18. If any document called for by this request is withheld on the basis of any claim of privilege or any similar claim, identify that document as follows: author; addressee; indicated or blind copies, date, subject matter; number of pages; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and nature of the privilege or similar claim asserted. INTERROGATORIES INTERROGATORY 1: Identify each and every individual, entity or otherwise, who responded or in any way assisted in providing responses to the Interrogatores, Requests for Documents and/or Requests for Admissions contained herein, including but not limited to, for each: A. Names and last known addresses; B. Telephone numbers C. Relation to Defendant; and D. Basis of knowledge of information provided. ANSWER: INTERROGATORY 2: List the date(s) and amount(s) of all payments made by Defendant, or on Defendant's behalf, to the Plaintiff on the subject credit card account no. 4311966487010256 referenced in paragraph no. 3 of Plaintiff's Complaint herein. ANSWER: INTERROGATORY 3: Please identify any and all witnesses you intend to call at trial, including any and all expert witnesses. ANSWER: REQUEST FOR PRODUCTION OF DOCUMENTS REQUEST FOR PRODUCTION OF DOCUMENTS 1 If any fact upon which you rely, in answer to any part of the preceding interrogatories is evidenced by, or embodied in a writing, produce and permit inspection and photocopying, or attach copies of said writings. REQUEST FOR PRODUCTION OF DOCUMENTS 2: Produce any and all documents evidencing proof of payments made by Defendant, or on Defendant's behalf, to the Plaintiff on the subject credit card account no. 4311966487010256 referenced in paragraph no. 3 of Plaintiff s Complaint herein, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records or data compilations. REQUEST FOR PRODUCTION OF DOCUMENTS 3: Produce all documentary evidence or information substantiating Defendant's denial in paragraph no. 4 of the Answer that the balance due and owing on the subject credit card account no. 4311966487010256 is not as alleged in paragraph no. 4 of Plaintiff s Complaint. REQUEST FOR PRODUCTION OF DOCUMENTS 4: Produce all documentary evidence or information substantiating Defendant's denial in paragraph no. 5 of the Answer that Defendant is not in default of the cardholder Agreement. REQUEST FOR PRODUCTION OF DOCUMENTS 5: Produce all documentary evidence or information substantiating Defendant's position or belief as to the balance due and owing on the subject credit card account no. 4311966487010256. REQUEST FOR PRODUCTION OF DOCUMENTS 6: Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial that has not already been produced. REQUEST FOR ADAUSSIONS Request for Admission No. 1: Defendants have resided at 11 Countryside Court, Camp Hill, PA 17011-1518 from September 29, 2003 to the present. Admitted Denied If the answer to Request for Admission No. 1 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 2: Attached hereto as Exhibit "1" are true and correct copies of the statements for the Defendants' credit card account no. 4311966487010256 showing all charges and payments on that account from September 29, 2004 through June 16, 2004. Admitted Denied If the answer to Request for Admission No. 2 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 3: Defendants are required to make monthly payments to Plaintiff on any outstanding balances owed on the subject credit card account no. 4311966487010256. Admitted Denied If the answer to Request for Admission No. 3 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 4: Defendants have failed to make any payments to Plaintiff on the subject credit card account no. 4311966487010256 since January 27, 2004. Admitted Denied If the answer to Request for Admission No. 4 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 5: Defendants have not submitted any written dispute as to any accounting inaccuracy concerning the amounts demanded by the Plaintiff on the subject credit card account no. 4311966487010256. Admitted Denied If the answer to Request for Admission No. 5 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 6: The balance owed by the Defendants to the Plaintiff on the subject credit card account no. 4311966487010256 as of June 16, 2004 was $5,555.28. Admitted Denied If the answer to Request for Admission No. 6 is "denied", supply specific written documentation supporting the denial. Request for Admission No. 7: The applicable finance charge on the subject credit card account no. 4311966487010256 as of June 16, 2004 was 23.90% per annum. Admitted Denied If the answer to Request for Admission No. 7 is "denied", supply specific written documentation supporting the denial. J e C. Waimbrodt, Esquire an, Weinberg & Reis Co., L.P.A. Pa42Koppers #42524 Bldg. venth Avenue rgh, PA 15219 34-7955 HW` s CashBuilde-r PLATINUM PD KBOX 2349 WAISF5 ALAMAZOO 0o M1 MI49D03490Da-2349 KALA New Balance Minimum Payment Due Date 4,076.06 101.00 11113103 Accourd number 4311 9664 8701 0256 Amount Enclosed $ 4311966487010256000407608000010100 Addti«w„yel'PmVnowaddressoneadcofstwmere PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CLOUSER 765 NATIONAL Cf7Y USA M CLOUSER P.O. BOX 856176 11 COUNTRYSIDE COURT LOUISVILLE. KY 40285-6176 CAMP HILL PA 17011-1518 l.l.,111,,,..LIIq6drhrlLurr111,u10IL,Lrrt?ll„1„1,1 LuIII, 1111.1 .llrrJlr..ILLI,11.11I.J.- olLdLl 431, 5DOD DOSD i9664870i0256 DO3 CashBuilderj' Prrevfous BRIM" "-I'D REBATE SUMMARY: PLATINUM Psi SD.D Prior rebate balance SO.DO Account number 4311 9864 6701 0256 Purdases/Debkc $1,40D24 Rebates earned Vds month $7.40 Credit Umll S5,D0D.DD Cash Advances S2.SDO.OD +I- ??? SOAR Available CrK2 S2D.DD- Finance Charges $95.84 Available for Cash Advance 40.0D Other Charges SO.Do Rebates Issued this mordh 56.00 Days in Billing Cycle 30 New Balance $4,076.DB Current rebate balance $7.40 Statement Closing Date 1D/17ID3 Minimum Payment 5101.00 Payment Due Data 11113/03 TRANSACTIONS Tran Data Post Data Reference Number Description Amount 09W 09129 743DI738GWGNOTWNDV CASH ADVANCE 2,5W.DD D9129 09/28 'FINANCE CHARGE' CASH ADVANCE FEE 75.0 DDW 09130 2425BD28JEZ2HMVW OVERHEAD DOOR CO 717-938-6101 PA 45750 10103 10/03 24256028LWGS4M5EAV CRYSTAL POOLS INC MECHANICSBURG PA 62.48 1D/D4 101D4 2476916BNHDV2463RV HAMPDEN VAC SEW CENTER MECHANICSBURG PA 36.84 1DIU 1D/D4 24071DSBNWPBNLLWOV CLEAN SCENE DRYCLEANER CAMP HILL PA 19.60 10104 1D/D4 24164078NML9VGBG4V RADIO SHACK 00120105 CAMP HILL PA 20.66 10104 10104 24323D1BN3EZHQZXPV GORDONS #4316 CAMP HILL PA 221.53 10/04 10/D4 24388946NKGB65JDEV STYLES BOUTIQUE MECHANICSBUR PA 2525 1DM4 101D4 2443WWND338Z7DRV WEARS LIKE NEW MECHANICSBURG PA 26.84 IWD4 1D/D4 2461D436N03RQDAT9V SEARS ROEBUCK 2624 CAMP HILL PA 99,59 10/04 1004 2461D448N03PZRTJAV HECHT CO. PROMOTIONAL W CAMP HILL PA 21.19 1D/D7 10107 2461044ST03PLA39GV HECHT CO. CLINIQUE COSM CAMP HILL PA 3127 10114 10114 242560290EZ2HBG8BV OVERHEAD DOOR CO 717-938-6101 PA 457.50 10117 10117 'FINANCE CHARGE' 2D.84 FINANCE CHARGES SUMMARY TRANSACTION TYPE DALY CORRESPONDING ANNUAL FINANCE AVERAGE PERIODIC RATE' PERCENTAGE RATE CHARGE DAILY SkANtE Purchases DD52D% 190% $0.00 SD.DD Cash Advances .04260% 15.55% 520.84 $1,630.83 ANNUAL PERCENTAGE RATE: 46.DD% ,THIS RATE MAY VARY SPECIAL MESSAGES Boss, DAY OCTOBER 15, smwrffSroAY ocrOBER 1; MOTHER AY LA W DA Y, OCTOBER m RECEIVE 15% OFF YOWL FLOMW OR GAR ORDER FROM F7D.COM1 ORDER DAOJNE AT W W WFM.CDALWABCOAISW4ER OR WAL 1-W&SEND-FM AND ASK FOR PRWD CODE M& EXHIBIT OI71?ile CUSTOMER SERVICE Call: ADD-654-6472 online Acewr! Access ... Anrdme or Write to: K-A16-F5, ONE NCC PKWY, KALAMAZOO W 49009-8003 w w w. n c, c e r d a e r Y i c e a. c o m Notice: Sae the back of papa 1 for important information on your account 5370 DDD4 DWI) 2 7 12 032017 Pepe I of 2 5624 960D Y749 03AR5370 765 I r11 s :sue CashBuild PLATINUM PO BOX 2341 9KAIGM Due Date New Balance Mkwwm Payment KALAMAZOO W 49002-2349 I 4,986.72 124.00 12F161113 Account numiw 4311 9064 6701 0256 Amount Enclosed $ 4311966487010256000498672000012400 Addranchappe?,P nowaednuoneadror t PLEASE MAKE CHECK PAYABLE TO: RLISSELL E CLOUSER 762 USA M CLOUSER NATIONAL CITY 11 COUNTRYSIDE COURT P.O. 13OX 856178 CAMP FILL PA 17011-1518 LOUISVILLE, KY 4112115-6176 11611,,,,1f,,,11„fill I,I„IIL,,,,LII„L,LI„II,,,,JIL„h IL, L„LN,d„I,1 t.31 5000 DOBO 19661,8701D256 DOL CashBuiWer PLATINUM Account number 4311 98641701 0256 cram Uml S5.0DO.00 Aval" Cradl $13.00 Avalable for Cash Advance SD.OD Drys in env Cycle 32 Statement Closing Dais 111181D3 Pryment Due Date 12/15A3 Previous Belmce S4078A8 REBATE SUMMARY: Paymaints00rWift 5101.00 Prior rebate belarm 97AD PrrchumesiDslfs $944.DD Rebates owned this month $8.84 Cash Advarms 50.00 +/- Ants SO.W Finanoe Charges $38.64 Oliver C horges U9.01) Rebates kaued this moMv $D OD New Balance $4,986,72 Current rebate balance $1424 Mom Payment $124.DD AN OVEtt W PEI! WAS A&MSM tt7IEA1 YOIAtACCOUW BALANCE EXCEW O 7NEE911ANUSF ED CREW LWT ON 1tMMX TRANSACTIONS Tran Data Post Data Reference Numbw Description Amount 10117 1418 240294894ETNTMLW A WELLS PAVING MECHANICSBU2G PA 944.00 11118 11116 OVERUMIT FEE 29.00 1D131 10131 74438008GSSZKPXRDV PAYMENTTHANKYOU KALAMAZOO MI 101.DDCR 11118 11118 'FINANCE CHARGE' 38.64 FINANCE CHARGES SUMMARY TPANSACTION TYPE DALY CORRESPONDING ANNUAL FINANCE AVERAGE PERIODIC RATE' PERCENTAGE RATE CHARGE DAILY BALANCE Puramses DDM% 19M $4.03 $2,421.17 Cash Advances D42BD% 15.55% 534.61 $2,538.93 ANNUAL PERCENTAGE RATE: 869% 'THIS RATE AWAY VARY SPECIAL MESSAGES YOYRE PROBABLYPAM@ Too MUCH PM C LE AR SERVICE. SA VE V 70 SjgL0 ._S20aW EVEN $11911.011 ANNUALLY W/7M ONEEASYPHOW CALL CALL 1,00F3411-Mil 70DAY 120HUS 000E 20074 Ca rWne Onane Account Aetna ... Anytlew WWW.ne- eardaarvieoa.eom -- ".. -- 9 7 12 CUSTOMER SERVICE Calk- 800-UB-8472 or Write to: K-A16-FS, ONE NCC PKWY, KALAMAZOO NO 490D9-003 Nodes: Sao ft back of page 1 for hmortant Information on your account. 031116 Page I of 1 5624 96DD Yi49 DIAA527D 762 NaUonalCity. ® CashBuUld e PO 80X2349 e1CA76F5 KALAMAZOO 46 49005-2340 + New Balance I WWrnum Payment Due Date 5,081.10 IJ 187.10 01113114 Awcourd number 4311 9864 8701 0256 Amount Enclosed S 43119664870102560D0506110000018710 aadr sae„ PP AVnewaddmaanbwk9rsmwa.>r PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CLOUSER 746 NATIONAL C7Y LISA M CLOUSER P.O. BOX 06178 11 COUNTRYSIDE COURT CA LOUISVILLE. KY 40285-6176 MP HILL PA 17011-1516 Ld IL u61111 L,Ll u ll..,. 111..J.IL,L„LtL,h.hl ,IhLL,,.IILJ,,.JLILI I, 1.31 5000 0080 1966487010251: 001 CashBuildef PLATINUM Account number 4311966018701 0258 Crom LMt S5,0DOAD Avail" Credt $61A0- Avabble for Cash Advance SOAR Days in 68ing Cycle 29 Sfdwna d Cbeinp Data 17177103 Paymo d Due Data 0113004 Previous BWw= S4,W6.72 REBATE SUMMARY: Payenef9lCrafs 6124.00 Prior rebate balonm $7424 Purdwwwooabba 4134.80 RebalaA earned Ode month $125 Cash Advanoet SOHO N- Adjutdrrents 5D W no" ChmpeA 434.78 . Odw Chorg" mm Rebstec issued ads month 41556 New Balance 45,051.10 Currant mbale balance 50.00 Mirhbrsrn Payment $187.10 AN OVERIJWr FEE WAS ASSESSED VAIEN YOLPt ACCO&Wr BALANCE EXCEEDED ?ME ESTASLISNED CREDIT LNUr ON f2M7,01 TRANSACTIO Tran Date Post Date Ralaranoe Number 0eaalp5oa Amount 12(12 12M2 2461043AV03P9SS;M BOSGD" 10012 CAMP HILL PA 20.98 12113 12113 24445DDAWL.SLIKS3BV BARNES 6 NOBLE (12046 HARRISBURG PA 12.72 12113 12113 2444500ANRSLIKS5YV BJ WHOLESALE OM WOX HARRISBURG PA 14.98 12113 12113 2461D43AW03PDHDIAV BOSCOVS OD12 CAMP HILL PA 85.92 12117 12117 OVERLUT FEE 29.00 IZ 04 12)D4 7443SDDAJSBZL99YZV PAYMENT THANK YOU KALAMAZOO MI 124.000R 12117 12117 'FINANCE CHARGE' 34.78 FINANCE CHARGES SUMMARY TRAr>saG noN TYPE CO E E N HARG PERIODIC RATE' TA ATE E P C E D DAILY BALANCE Purda es .0052D% 1.9D% 53.67 42,432.88 Cash Advanoot .04260% 1555% 431.11 42.517.90 ANNUAL PERCENTAGE RATE. 8.B4% 'THIS RATE MAY VARY ws ` c CUSTOMER SERVICE CAR: 800-556-8472 OnUm Aooeura Aoasa ... Anythea or Wrhe to: K-A1645, ONE NCC PKWY. KALAMAZOO Mt 49009-6003 www.tic-carda9rvIcoa,.com Nohow See the back of page 1 for important Information on your account 5170 0005 DO 2 7 12 031217 D Ps9e I Df 2 5624 9600 T149 02.1AS270 )46 106119 25.1440 CashBuilder PLATINUM ISSUE DATE 12!1712009 EXPIRATION DATE 0710112004 PAY TO THE ORDER OF RUSSELL E CLOUSER and LISA M CLOUSER $15.54 FIFTEEN AND 59/100 wu?.lclal. ??wt o«u.ua. ow 87010256 106119 0`40000ii 657394585 Nauorrcd; s CashBuilder PLATINUM Po KBOX ALAMAZOO 0KA1 KALAMAZOO IAI 49Woo3 -2sea New Balance Minimum Paymerd Due DMe 6.069.08 195.09 02NSM4 Account number 4311 9664 9701 0256 Amount Enclosed $ 4311966487010256000506908000019508 Ammw eforp?PrWnowadanm a,e kmwim*W PLEASE MAKE CHECK PAYABLE TO, RUSSELL E CLOUSER 759 NATIONAL CITY LISA M CLOUSER P.O. BOX 856176 11 COUNTRYSIDE COURT LOUISVILLE. KY 40285-6176 CAMP HILL PA 17011-1516 1...111..1111,,,,,,11,1,1.,.,III„I,,,,ti.,,tl„tl, I 1,1..1(1,.,,,1, tt.,l„1.1„It,,,..111,.,1.11,.1,..1.11..I..I.I 431 5000 0080 146648?010256 DDi CashBudder PreviauBalance PLATINUM P"Inef lC-ft Account number 43119664 6701 6256 PurdraoeafDabps Croft Limit $5.000.00 Cash Advances Awall" Credit 589.00- Finance C haw Avel" fDr Cash Advance SD.DD 00-ChwW in BWM Cycle 33 New Balance Statement Closing Dale 01/19104 M9n InWn Paynend Payment Due Dale 02/15A?4 $5,061.10 REBATE SUMMARY: $187.10 pdw rebate balance Sd.00 $12625 Rebates owned gds mordh tom SD.W 539.83 +N ents tow 529.00 Rebates issued ft nwrdh 50.00 55,069.08 Crwrerd rebate balance 5163 5795.08 AN OVF.Rl.BBTFE° WAS ASSERM 1109"YOLMt ACCOUNT BALANCE EXCEEDED THEESTASURED C=ff LaWr ON otnaw TRANSACTIONS Tran Date Post Dais Rehrence Numbs DescitAion 01/02 01/02 24455 OJ028MWZV SUPERPETZ 17227 MECHANICSBURG PA 42.39 01/02 01/02 2461D430KD9FQK1 W THE HOME DEPOT 4120 MECHANICSBURG PA 16.87 01/03 01103 2479202OKSEL57PLOV RUBY TUESDAY 83981 MECHANICSBURG PA 67.00 01119 01119 OVERLW FEE 29.00 12130 1280 74436MQSSM42HSV PAYMENT THANK YOU KALAMAZOO MI 187.10CR 01119 01119 'FINANCE CHARGE* 39.83 FINANCE CHARGES SUMMARY TRANSACTION TYPE DACY CORRESPONDING ANNUAL FINANCE AVERAGE PERIODIC RATE' PERCENTAGE RATE CHARGE DArLY WANCE Purchases OD52D% 1.9D% $429 52.499.63 Cash Advances .0426D% 15.55% 535.64 52,528.55 ANNUAL PERCENTAGE RATE: 8.76% 'THIS RATE MAY VARY SPEC14L MESSAGES A VOWW LATFAH3IS EASY-JUST MAKE SURE YOURABNAIUYM>N MI.YPAYN&VrISRECEIVED or 7pfE ow DA YE PRw= DN YOUR smTEWENT. CLAMP YOLK REWARD TODAYI AS A NAT10NA1 CIrY Q&W01318ER, YDV CAN CLAIM AVGh%QUALRYMERCFLWdSEREWARDS FIM BRANDS SUCK AS RASA" LENOX TOAK4-AMD MANYMORW JUST 60 ONLMTO ENTER YOUR REWARD CERTIFICATE M054M AT W MJtkWAR0C&VTER.CON, FE4TIMM REWARDS AND SPECIAL DEALS ARE FAVWJ& 1TLY UPDATED, SO ACT NOW TO GET YOUR REWARDI MS YOUR MONEY, DONT LET V E GOV9U99ET11T KEEP /1T WTN XS E-FB,EF'RON EZTAXRM9KCW YOU CAN COMPLETE YOUR TAXES NABOUT 30 AUNWES AND GET YOLN Ftgq D WAB0111*10 DAYS ALL FM UNDW $2R SBPLY DO TO W"WAZrAntETt#mcoK anER COLPON CODE N01174 AND SAVE YDIM SATISFACTION IS SUARANTEED. O.daw AcaamA ADmsa ... Anftlme www.nc-cardeerviae• cam 5170 OD03 DM 2 7 12 CUSTOMER SERVICE Cali: 800-558-8472 or Write to: K-A76-F8, ONE MCC PKWY, KALAMAZOO MI 49008-8003 Notice; $ee the back of page 1 for important Information on your account. D40119 D Page 2 of 2 $624 9600 Y149 02AA5270 759 H a t i o l a w d C R Y , ® I N U deg'" T I N 11 L hBu PO Box 2340 O W SK Due Dam Minimum Payment New Balance KALAMAZOO MI 49003-23640 I I 4,93TJ2 53,92 WSW Account number 4311 9664 6701 0256 Amount Enclosed S 4311966487010256000493782000005392 Adthaudranya7PWrkewaddrearwbadrofahaamrK PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CLOUSER 748 NATIONAL CRY 1I000NTRYSIDE COURT P.O. BOX 856175 CAMP 14LL PA 17D71-1516 LOUISVILLE. KY 40285-6176 I,,,IILulllmu,ll,,,u,,,n,lrl,r,kill. L,oll„d6,11,1 I, l.,lli,,,,d. ILn„ Ill,, 431. 5000 00110 19664B9010f56 001, CashBuildef PLATINUM Aeeowd number 43119664 6701 0256 C.?red8 Limit S51DOO.M Ava9able Credit 582.00 Avaleble for Cady Advance $0.00 Days in BMV Cyst 29 Stammrd Closing Data D2117r04 Payment No Date 031151D4 Previous Balance S5,MM3 REBATE SUMMARY: PRYMOnlsr wedBa $195.06 Prior robnte balance so.63 PurdassaIDablis 50.00 Rebates owned this month $O.DD Cash Advances 50.0D +/- Adjusiments SD.DD Finance O-W 534.82 OBrerchmm 529.00 Rebates issued gds month sO.OD New Balance 54,037.62 Cumml rebate balance 50.63 Minimum Payment $53.92 AN OVERLNDTFEE WAS ASSESSED N49NYOMA000UNTBALANCE EX=WW 7HEEZrAB MUTED CREWTLWTONOW7Ar1. TRANSACTIONS Tran Date Post Dam Reference Number Description Amount QW17 02117 EMIT FEE 29.00 0127 0127 744360DDBSBZKSNDSV PAYMENT THANK YOU KALAMAZOO MI 19S DBCR 02117 02117 'FINANCE CHARGE` 34.62 FINANCE CHARGES SUMMARY TRANSACTION TYPE DAILY CORRESPONDING ANNUAL FINANCE AVERAGE PERIODIC RATE' PERCENTAGE RATE CHARGE DAILY BALANCE Purchases DD52D% 1.9D% $3.64 52,41428 Cash Advances D4250% 155576 $31.18 52.523.63 ANNUAL PERCENTAGE RATE 8.88% 'THIS RATE MAY VARY SPECIAL MESSAGES ITS YOUR MONEY, DONT LET THE GOV RMENT KEEP I7 WIN IRS SALE PROP EZTA1QtETURK.COllf YOU CAN COMPLETE YOM TAXES IN ABOUT 30 M AMMAND GET YOUR REFUND of ABOUT 10 DAYS AU FOR UNDER VA SIMPLYGO 70 W W WAZrAXR77URIr.COM, ENTER COUPON CW E h=V4 AND SAYS YOUR SATISFAC71ON S GUARANTEEOL YOUNE GOTA eLrS)'LEE LET CASHBUQDER PAY YOUR ALL$ AND RECEIVE UP TO 29 CASH aACW CONTACT VOUIt TELEPMM CAKE TV. 1NSL#tAkVA FT IMM AND UTBIY S NWW PROVIDERS TO SET UP AUTOXA71CPAYMEMS FROM YOUR CASHBUBDERAMOWr. GREAT Oe21ME DEAIX RECEVE f5% OFF YOUR ROWERS OR GIFT OROM FROM FTD.COW ORDER AT WW W.FM.COXWCBCONSUNER IFYOURENOT SHOPPal6 AT WNM'.P txmNmBATE&COtf, YOURS PAMG TOO MUCIL UP TO 20% REBATES ON PURCHASES NADEAT OVER we stoRE& ? he CUSTOMER SERVICE Call: SOD-556-6472 Onum Account Awns... Anytinw or WHte to: K-A16-F5, ONE NCC PKWY, KALAMAZOO MI 49009-6003 www.tic,cardt*rvicet.com Notice: See the back of page 1 for important Information on yarn aceounL 5170 ODDS OVD 2 7 12 D40217 Page 1 of 1 S624 960D r/49 D1AA5170 749 PO9OX al?j KALAMAZOO 414KC3-7349 CashBuildef PLATINUM Now Balanes tA"mum Payment Due Date 5,049 36 22928 "R3AT4 4311966487010256000504936000022928 PLEASE AAAKE CHECK PAYABLE TO, NATIONAL CITY P.O. BOX 856176 LOUISVLLE. KY 402654176 ,I,rnrr.,h.r.n..r..?.r,rn„.r,nrr..rrn„r..,irurrl..1, 433 5000 0080 19664B701D256 001 CashBuilder" P L A T I N U M P?rd D Account number 431`196"970102511 >aseaeJ ebNs Cmad9 Lima 55.00000 Cash AdAwn Avabble C4a0 MAID- FTnamx Chnpes Ave" for Cash Advance 50.00 Ofer Cww Days In BlTfng Cycle 29 Now Balance Statement Cloft Data 033117ID4 Warr- Payment Paynerd Due Date DU13m Past Don Balance Account number 4311 9664 6701 0256 Amount Enclosed $ Address cMn0a7 Prix new address on back of stsMmant RUSSELL E CLOUSER sot LISA M CLOUSER 11 COUNTRYSIDE COURT CAMP HILL PA 17011-1518 ...ur,,,ni„.,..n..,urr,urlrl„rrnlrrr,,,rrl,,.nrrnr $4,937.62 REBATE SUMMARY: 50.00 Prior rebate balance $0.63 $0.00 Rebates owned this month SD.OD 50.00 +/- Adjustments SD.DD sa.w 558.00 Rebates issued Otis month $0.011 35,049.36 Chamm6 Isbets balance $0.63 5229.28 353.92 YOUR AC60TBIT X OTTER 30 DAYS PAST DUE PLEASE REB9Y rHE PAST DUEAMOUNT MMED147ELY. AN OVERLW FEE WAS ASSESSED WNW YOWL AOWLWBALANCE EXCEEDED THE ESTABLISHED CREW LMNT ON WM7A4. TRANSACTIONS Than Data Post Date Reference Number Description Amount 03117 03117 OVERLIAAIT FEE 29.00 03117 CY17 LATE FEE 29M 031i7 03117 'FINANCE CHARGE' 53.54 FINANCE CHARGES SUMMARY TRANSACTION TYPE DAILY CORRESPONDING ANNUAL FINANCE AVERAGE PERIODIC RATE' PERCENTAGE RATE CHARGE DALY BALANCE Purchases .03147% 11.49% S22.D8 52.41927 Cash Advances D425D% 15.55% 531.46 52.546.33 ANNUAL PERCENTAGE RATE: 1357% 'THIS RATE MAY VARY SPECIAL MESSAGES CONGRATILATTONSI YOU9B SM upaRADED TO ELAE STATUS CHECK MR AIAL FOR ALL 7NEDETALS ON YOUR Mw HENEFfrs-LWEA NEWEARY--70-READ STATEEENT. Fog OtrEsT;ow WWr US AT: NATTONALtY?Y.c0WsL TEOUES770NS OR CALL w-622-M& nle OrMm Aeooum Access... Anrdms www.iiL-cardaorvIcot.com 5170 0005 Dh7D 2 7 12 CUSTOMER SERVICE Cat: 900-558-64T2 or Wrta to: K-A76-F6.ONE NCC PIWY, KALAMAZOO MI 49DOO-8883 Notice: See the back of page 1 for important Information on your weeounL D40317 7, Peg! 1 of 1 5624 9600 T/49 DIAA5370 609 PO BOX 2349 WGA16F6 KALAMAZOO h9 49DD3-2349 431196646701025600052135400D052346 PLEASE MAKE CHECK PAYABLE TO: NATIONAL CITY P.O. BOX 656176 LOUISVILLE, KY 40265-6176 ,1„111,,.,,1,11„1„1.1„1 Ill. (r .l. New Bad 56213.54 Minhrwm Payment 5523.46 Due Dale DSM"4 Account Nrarrbar 4311 9664 6701 CM Tots) Enclosed $ Address or Emd change? Prid new eddreas m beck of chtwnsnt By mi, paynewt may WW F7 4" m reach uL RUSSELL E CLOUSER 254 LISA M CLOUSER 11 COLMTRYSIDE COURT CAMP HILL PA 17D11-1516 „11111.1111......[11.411..... tit..l.... II... it, 111. X33 5000 0080 1966487010256 DOL CashBuildeil EMe Vise N&HonWCtb'xoM0CWdSW ICQS Cmdk Card Account Make papnwft, review trarrcecilione and moral 4311 9564 6701 0266 At Your Service: 600-556-8472 tde9 pareenta ro: Netimel C8y P.O. BOX 1156176. LOUISVILLE KY 40285-6176 Account Summary - Previouc Balance 95,049.36 cram !.rule $5,DDO.DD Payrr-Is Credi s - SOHO Available Credit SOW Pladmnsow" + 564.00 Available for Cash Advance SO.OD Cash Advances + S0.01) Stsbment Closing Dale D0601 Finance + $100.18 Payment Due Dale 05113RM NOW Balance : 95,21354 Minimum Payment a 5WAS Past Due Amount 9179.92 YOUR ACCOUNT 16 CURRENTLY CLOSED. PAYMENT ON YOUR ACCOUW 6 66 DAYS PAST DUE WHICH MAY HAVE CAUSED AN INCREASE IN YOUR ANNUAL PERCENTAGE RATE. PLEASE REIBT PAYMENT. AN OVERUWI` PEE WAS ASSEUED WHEN YOUR ACCOUNT BALANCE EXCEEDED THE ESTABLISHED CREDIT UNIT ON 04M 6104. Rewards Summary Previous + Earned This Month +!- Alf cbnents - Issued This Month ¦ Current 0.63 D.DD 0.00 0.00 0.63 Transactions TranDate PattDate Releranee NuMr Dasaiption Debia Credits 04M 04M6 OVERLat?T FEE 29.0D 06116 DIME LATE FEE 35.00 OU16 04M6 'FMANCE CHARGE! 100.16 Finance Charge Summary Conespondinp Arrwet DdY Avg. Daly Bob- Rnanw perwrdeye Periodk Rent X Days in X Subject 10 a Charge for Rail n Period France Charm This Period Purchases Purchases 23.90% W$47% x 30 x 52,513.97 a $4937 Cash Advances Cash Adyw on 23.90% D8547% x 3D x $2.567.11 a S50.61 Annual PNZW tags Rate a 23.0% Finance Charges ¦ $100.16 $170 D00Z 9HD 1 7 12 040416 E X Page 1 of 1 5624 96DO XC74 DIAA5170 254 PO BOX 23,19 44GA16K5 KALAFAA200 11149003-23,111 4311966487010256000538799000083191 PLEASE MAKE CHECK PAYABLE TO, NATIONAL CITY P.O. BOX 656176 LOUISVILLE, KY 40285-6178 .L.111 .... 11.1 1.1101.66II1,,.1.11 New Balance $5,367.99 Minimi m Payment 5631.91 Due Dab D6/141D4 Aceourd Number 4311 9864 6701 0256 Total Enclosed f Addrm or Emal chimps? PrM new addrea an beet or sfatrnent By intl, yw payment may take 5-7 days to reach UL RUSSELL E CLOUSER 673 LISA M CLOUSER 11 COUNTRYSIDE COURT CAMP HILL PA 17011-1516 431 5000 0080 196648?Di0256 D01 CashBuilderl Ebb Visa NationalCRy e? Credit Card Auxxwrd Make psyrranb, mAm Umanclions and morel 4311 9664 9701 0256 At Ydwr 8e VIM SOD-556-6472 Mal payments b: Na5mu1 C5y P.O. SOX 1156176, LOUISVILLE, KY 402115-6176 Account Summary Previous Balance $5.213.54 Credit UnuS SS,DDD.OD PaymardalCrsdb - 50.00 Available CraA 50.00 PurdusistelDebb + $64.00 Available for Cash Advance SO.DD Cash Advances + SD.OD Statmbtd Cbcinp Data DSH81D4 Fkwm Chogn + $110.45 Payment Due Dab W404 New Balance ¦ $5.367.99 Minimum Payment = 5931.91 Past Due Amount $309.92 YOUR ACCOUNT IS CURRENTLY CLOSEM YOU HAVE NOT RESPONDED TO OUR PREVIOUS REQUESTS POR PAYMENT. YOUR ACCOUNT PRIVREDES HAVE BEEN REVOKED. REFNTTHETOTALAMOUNT DUETODAYI AN OVERL Wit FEE WAS ASSESSED WHEN YOUR ACCOUNT BALANCE EXCEEDED THE ESTABLISHED, CREDIT LENT ON [15!15104. Rewards Summary Previous + Eamed TtdS Month +/- Ackstinants - issued This Month = CurteM 0.63 0.00 0.00 0.00 D.DD Transactions TmnD&b PaslDale Re%rwm Nwr6w Deawolk n Debb Credits me DBMS OVERLUT FEE 29DO 05$15 05115 LATE FEE 35.00 05n5 05115 'FINANCE CHARGE' 110.45 Finance Charg e Summary ConesporalkV Annu al Daly Avg. Daly Balance Finance Pereenbpe Periodic Rate X Days in X St"W to = Charge For Rate APR Period Finance Cha This Period a Purchases 23.90% 06547% x 32 x $2,632.12 = 555.14 Cash Advances Cash Advances 23.90% 06547% x 32 x $2.640.14 = $55.31 Annual Peneenbgo Rate a 23.911% Finance Charges a S11p.45 5370 ODD7 9ND 1 7 12 D40519 E L Page 3 of 1 56Z4 9600 XC74 O1AA5370 573 PO BOX 2Y16 W.A16F5 NOW Balance 55155526 KAtAMA= W 49OW-2U9 wv*mp n Prynant S1,13720 Due Date 07113)14 Atxamt Number 4311 9584 6701 0256 431196648701025 6000555528000113720 ToW Enclosed s Address or ranee cto ps7 Prim new adduess m bed d statement or me, your pymnd may lake 5-7 days b teach La PLEASE MAKE CHECK PAYABLE TO: RUSSELL E CLOUSER 660 LISA M CLOUSER NATKWAL CITY 11 COUNIRYSIE COURT P.O. BOX 656176 CAMP HILL PA 17DI1-1518 LOUISVILLE, KY 40285-6176 „, tll„dll„..„IL„tlr,dLLt,,, dll„I,,,JL„16.Ib 431 5000 OOBO 196648?010256 001 CashBuildm-` Eft Visa NatbnatGNy cnanlCardsae?tese Cmdl Card Aux ored Make paymeMe, review banca06ors and morw 43119654 67010256 At Your Service: 800-558-8472 Mal payments to: National CW P.O. BOX 855176, LW VIAE. KY 40485-6176 Account Summary Previous Balance 55.367.99 Credl Limit SS,ODD.DO papa !acre is - 10.00 Amen" Credit SDAD page p + 564.00 Avabbb for Caen Advance $0.00 Cash Advances + $0.DD Staismerd Cbeiny Dab 06/16104 Finance Che pas + $10329 Payment Due Dab 07/13004 New Balance $5,55526 Minimum Payment a $1,13720 Past Out Amount $443.92 YOUR ACCOUNT IS CURRENTLY CLOSED. YOUR ACCOUNT IS FOUR MONTHS DELMDUENT. CONTACT OUR OFFICE IMMEDIATELY. AN OVERLUT FEE WAS ASSESSED WHEN YOUR ACCOUNT BALANCE EXCEEDED THE ESTABLISM CREW LaaT ON GwM641. Rewards Summary Previous + (caned This Month +/- Adpxtments - Issued This Month Current D.DO O.DD C.D0 0.00 0.00 Transactions Trw Oaw PestDMe Refonmee Number DeaGipeort Dabks Ctsueis W15 OSHe OVERLANTFEE 29.00 O6t16 OSM6 LATE FEE 35.10 owls owls 'FINANCE CHARGE' 10329 Finance Chame Summary Conespord W Annu al Dafy Avg Defy Babb- Fkw,ee Pnrow"ge Perbdb Rem X Days In X Subject b e Chary" for Rare (APR) - (may vary) Ba fng Period Amrce Crwpe This Period Purchases PurdtaDee 23.DD% 06547% x 29 x S2,746.71 a $5215 Cash Advances Cash Advances 23.9D% 06547% x 29 x $2.693.36 a $51.14 Annual Percentage Rate 2240% Finance Charges a $70329 5170 DODO 9141) 1 7 12 D40616 E X Page 1 of 1 5624 9600 XC74 DIAA5170 660 CERTIFICATE OF SERVICE A true and correct copy of Interrogatories, Plaintiff's Request For Admissions and Request for Production of Documents has been served by U.S. Mail, Postage Pre-Paid, on ? the M4?'L-- ? day of r(1 , 20 b A, upon the following: Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-561 RUSSELL E. CLOUSER AND CIVIL - LAW LISA M. CLOUSER, Defendants. CERTIFICATE OF SERVICE I certify that a copy of the foregoing Plaintiffs Request for Interrogatories, Request for Production of Documents and Request for Admissions was sent on the 22nd day of April, 2005, by mailing a copy of the same via Certified mail number 7004-0550-0000-2718-5273 to the following person(s): William T. Molczan WELTMAN, WEINBERG & REIS Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 By : Jeff Haulman 229 West Dauphin Street Enola, PA 17025 r ,r Certificate of Service - Page 1 of 1 \ EXHIBIT ?`\\\ Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-561 : CIVIL -LAW RESPONSE TO INTERROGATORIES COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants, and hereby responds to National City Bank, Plaintiff s Interrogatories, as follows: Interrogatory 1. Identify each and every individual, entity or otherwise, who assisted in providing responses to the Interrogatories, Requests for Documents and/or Request for Admissions contained herein, including but not limited to, for each : A. Names and last known addresses; B. Telephone numbers C. Relation to Defendant: and D. Basis of knowledge of the information provided Page 1 of 3 Response: Defendants are preparing and answering these Interrogatories, Request for Documents and Request for Admissions. Interrogatory 2. List the date(s) and the amount(s) made by the Defendant, or on the Defendant's behalf, to the Plaintiff on the subject credit account no. 4311966487010256 referenced in paragraph no. 3 of the Plaintiffs Complaint herein. Response: After a reasonable investigation, Defendant's do not remember all the date(s) or the amount(s) made by the Defendants or made by others on the Defendant's behalf towards credit account no. 4311966487010256. Interrogatory 3. Please identify any and all witnesses you attend to call at trial, including any and all expert witnesses. Response: Defendant's witnesses for trial have not yet been identified or determined at this time. VERIFICATION I, verify that the foregoing statements are true and correct subject to penalties pursuant to 18 Pa. C.S. Section 4904. Dated this 22nd day of April 2005. Page 2 of 3 Respectfully submitted and signed by Russell E. Clouser and Lisa M. Clouser, P?P? Page 3 of 3 Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-561 : CIVIL -LAW Defendants. RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS Propounding Party: National City Bank Responding Party: Russell E. Clouser and Lisa M. Clouser COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants, and hereby responds to National City Bank, Plaintiffs Request for Production of Documents, as follows: Request No. 1. If any fact upon which you rely, in answer to any part of the preceding interrogatories is evidenced by, or embodied in writing, produce and permit inspection and photocopying, or attach copies of said writings. Response: Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Also, see attached a copy of the back of the National City Bank monthly billing statement exercising Defendant's right to withhold Page 1 of 4 payment on the entire disputed amount until Plaintiff complied to Defendant's billing error dispute error. Request No. 2. Produce any and all documents evidencing proof of payments made by Defendant, or on Defendant's behalf, to the Plaintiff on the subject credit card account no. 4311966487010256 referenced in paragraph no. 3 of the Plaintiffs Complaint herein, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records or data compilations. Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendants. Request No. 3. Produce all documentary evidence or information substantiating Defendant's denial in paragraph no 4 or the Answer that the balance due and owing on the subject credit card account no. 4311966487010256 is not as alleged in paragraph 4 of the Plaintiff's Complaint. Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendants. Plaintiff failed to answer the Defendant's Request for Production of Documents which was to provide additional documentary evidence, not monthly billing statements, such as copies of document, bookkeeping entries, journals or records for the Defendant's account which is Page 2 of 4 the underlying evidence for all debits and credits that the Plaintiff claims Defendants owe. Request No. 4. Produce all documentary evidence or information substantiating Defendant's denial in paragraph no 5 of the Answer that the Defendant is not in default of the cardholder Agreement. Response: Defendants sent Plaintiff a billing dispute letter requesting a full investigation into this error and requested additional documentary evidence of the indebtedness. Defendants exercised their right to withhold payment on the entire disputed amount until Plaintiff complied to the Defendant's billing error dispute letter. Defendants were not in default of the cardholder's Agreement. Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Also, see attached a copy of the back of the National City Bank monthly billing statement exercising Defendant's right to withhold payment on the entire disputed amount until Plaintiff complied to Defendant's billing error dispute error. Request No. 5. Produce all documentary evidence or information substantiating Defendant's position or belief as to the balance due and owing on the subject credit card account no. 4311966487010256. Response: After a reasonable investigation, the Request is seeking documents that are not readily available or no longer in possession of Defendants. Plaintiff failed to Page 3 of 4 answer the Defendant's Request for Production of Documents which was to provide additional documentary evidence, not monthly billing statements, such as copies of document, bookkeeping entries, journals or records for the Defendant's account which is the underlying evidence for all debits and credits that the Plaintiff claims Defendants Request No. 6. Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial that has not already been produced. Response: Objection. The Request is seeking information that is not yet available. Without waving the objection, Defendants reserves the right to supplement the response at a later date or at trial, or when additional documents become available. Dated the 22°d day of April 2005. Respectfully submitted and signed by Russell E. Clouser and Lisa M. Clouser, R?? Page 4 of 4 Russell E Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011-1518 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-561 : CIVIL -LAW Defendants. RESPONSE TO REQUEST FOR ADMISSIONS Propounding Party: National City Bank Responding Parry: Russell E. Clouser and Lisa M. Clouser COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants, and hereby responds to National City Bank, Plaintiffs Request for Admissions, as follows: Request No. 1. Defendants have resided at 11 Countryside Court, Camp Hill, PA 17011-1518 from September 29, 2003 to present. Response: Denied. Defendants have resided at 11 Countryside Court, Camp Hill, PA 17011-1518 from May 26, 1994 to present. Page 1 of 5 Request No. 2. Attached hereto as Exhibit "1" are true and correct copies of the statements for the Defendants' credit card account no. 4311966487010256 showing all charges and payments from September 29, 2004 though June 16, 2004. Response: Denied. Plaintiff failed to answer the Defendant's Request for Production of Documents which was to provide 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 credit card account no. 4311966487010256. Request No. 3. Defendants are required to make monthly payments to Plaintiff on any outstanding balances owed on the subject credit card account no. 4311966487010256. Response: Denied. Defendants sent Plaintiff a billing dispute letter requesting a full investigation into this error and requested additional documentary evidence of the indebtedness. Defendants exercised their right to withhold payment on the entire disputed amount until Plaintiff complied to the Defendant's billing error dispute letter. Defendants are not required to make a payment until Plaintiff complied to the Defendant's billing error dispute letter. Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Also, see attached a copy of the back of the National City Bank monthly billing statement exercising Defendant's right to withhold Page 2 of 5 payment on the entire disputed amount until Plaintiff complied to Defendant's billing error dispute error. Request No. 4. Defendants have failed to make any payments to Plaintiff on the subject credit card account no. 4311966487010256 since January 27, 2004. Response: Denied. Defendants sent Plaintiff a billing dispute letter requesting a full investigation into this error and requested additional documentary evidence of the indebtedness. Defendants exercised their right to withhold payment on the entire disputed amount until Plaintiff complied to the Defendant's billing error dispute letter. Defendants did not fail to make a payment until Plaintiff complied to the Defendant's billing error dispute letter. Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Also, see attached a copy of the back of the National City Bank monthly billing statement exercising Defendant's right to withhold payment on the entire disputed amount until Plaintiff complied to Defendant's billing error dispute error. Request No. 5. Defendants have not submitted any written dispute to any accounting inaccuracy concerning the amounts demanded by the Plaintiff on the subject credit card account no. 4311966487010256. Page 3 of 5 Response: Denied. Please see attach a true and correct copy of the billing error dispute letter sent to Plaintiff from the Defendants. Request No. 6. The balanced owed by the Defendants to the Plaintiff on the subject credit card account no. 4311966487010256 as of June 16, 2004 was $5,555.28 Response: Denied. Plaintiff failed to answer the Defendant's Request for Production of Documents which was to provide 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 Defendants owes . Request No.7 The applicable finance charge on the subject credit card account no. 4311966487010256 as of June 16, 2004 was 23.90% per annum. Response: Denied. Plaintiff failed to answer the Defendant's Request for Production of Documents which was to provide 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 and the finance charge that the Plaintiff claims Defendants owes. Page 4 of 5 Dated this 22nd day of April 2005. Respectfully submitted and signed by Russell E. Clouser and Lisa M. Clouser, Page 5 of 5 rational City Bank K-A16-F5,One NCC PKWY Kalamazoo, W 49009-8003 February 23, 2004 RE: Billing Error on Account # 4311-9664-8701-0256 Amount in Dispute: $ 4937.82 Dear National City Visa: I am writing regarding the above account. I believe that my most recent statement, 02/17/04 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 02/17/04. 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 02/17/04. 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 National City Visa over the phone. I am requesting that all communications be conducted in writing, and I appreciate your honoring my request. SWseClouser R II Countryside Court Camp Hill, Pa 17011 Certified Mail#: 7003-3110-0006-2758-8144 t Crediting of Payments. The top portion of this statement must accompany your payment. If payments are received by us at P.O. Box 856176, Louisville, KY 40285-6176 by 6:130 P.M.. they will be credited as of the following business day. If you make payments at any other authorized banking location or If you fall to return the top portion of this statement with your payment, the crediting of such payments to your account may be delayed up to 5 days. Greco Period on Purchases. You may avoid finance charges on the Purchases portion of your New Balance if you paid in full your previous New Balance by your Due Date. The grace period is not applicable to cash advances or balance transfers. Balance Calculation for Purchases. Finance charges on Purchases accrue from the date of each transaction. We figure the finance charges for Purchases by applying the periodic rate for Purchases to the Average Daily Balance for Purchases. To get your Average Daily Balance for Purchases, we take the beginning balance of Purchases for your Account each day, and 0 legacy permissible, unpaid finance charges and fees that apply to Purchases, add any new Purchases (d you have not paid in full your previous New Balance Wore the Due Date) and subtract any payments andcredits that apply to Purchases. This gives us the Daily Balance for Purchases. Than. we add all the daily balances for Purchases forthe billing cycle and divide try the total number of days in the billing cycle. This gives us the Average Daily Balance for Purchases. Balance Calculation for Cash Advances. A finance charge will be imposed on all Cash Advances from the date of Peft Cash Advance. We figure the finance charges for Cash Advances by applying the periodic rate forCash Advances to theAverage Daily Balancefor Cash Advances. To gat your Average Dally Balance for Cash Advances, we take the beginning balance of Cash Advances for your Account each day, and if legally permissible, unpaid finance charges and fees that apply to Cash Advances. add any new Cash Advances, and subtract any payments and credits that apply to Cash Advances. This gives us the Daily Balance for Cash Advances. Then, we add all the daily balances for Cash Advances forthe billing cycle and divide by the total number of days in the billing cycle. This gives us the Average Daily Balance for Cash Advances. Balance Calculation for Balance Transfers. A finance charge will be imposed on all BalanceTransfers from the date each transfercheck is written by us. We figure the finance charges for Balance Transfers by applying the periodic rate for Balance Transfers to the Average Daily Balance for Balance Transfers. To get yourAverage Daly Balance for Balance Transfers, we take the beginning balance of Balance Transfers foryourAccount each day, and If legally permissible, unpaid fnanoecharges ancifees that appyto Balance Transfers, add any new Balance Transfers and subtract any payments andcredits that apply to Balance Transfers. This gives us the Daily Balance for Balance Transfers. Then, we add all the daily balances for Balance Transfers for the billing cycle and divide by the total number of days in the billing cycie. This gives ustheAverage Daily Balancefor Balance Transfers. The finance charge may be determined by (1) multiplying each of the Average Daily Balances by the number of days in the billing cycle, (2) multiplying each of the results by the applicable daffy periodic rate, and (3) adding each ofthess products together. Annual Fee Rsnsvral Notlw. If your credit card agreement provides for an annual fee, the annual fee will be billed on your credit card statement once a year. You will have 30 days from the date that the statement is mailed in which to terminate your credit card and have your account credited for the fee. If you decide to terminate your card, you may continue to use your aocourd during the 30 day period. After that, you may not make any further purchases or cash advances on your account. The terms of this notice do not apply to business amounts. Bi111lno Runts Summary- In Case of 8 i m or Quesflons About Your IpR If you think your bill Is wrong, or If you need more information about a transaction on your bill, write us on a separate sheet at the Customer Service address listed an your bill as soon as possible. We must hear from you no later than 80 days afterwe sentyou thefirstbill on which the error orprobiem appeared You can telephone us, but doing so will not preserve your right. In your letter, give usthefollowing Information: Your name and account number. The dollar amount of the suspected error. Describe the error and explain, 0 you can, why you believe there is an error. it you need more information, describe the Itemyou are:.^su2 abxt. You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Special Rub For Credit Card Purchases. If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection any when the purchase price was more than $50 and the purchase was made in your home state or within 100 miles of your current mailing address. (it we own or operate the merchant or If we mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase). This is an attemptto collect a debt and any information obtained will be usedforthat purpose. Visit us at www.rc-cardservices.com to obtain account information, make payments online, or view recent transaction so**! 01Aa170 1 02.7"11 Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 126 - 1-6,& 1 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge th uties of our office wij fidellitV Signature Signature Signature -Lick", PsberL MLJ4 Name (Chairman) Name Name ??a MaU j + MM4 CPC Law Firm [ Law Fi ?& u), 4?<6 ?:t Address t 191 City, zip l 33a 04rhsl e Pike Address I.d AA PA 190/) city, zip 44- M. Law Firm Fo me 113 Address c,,w 130-?V city, zip la?fa `? 11 rIq A %* 183 0 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delav are awarded, thev shall be separately stated.) . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: 191'2 C- Date of Award: 70,. / r Notice of Entry of Award Now, the 3* day of AuqLn+ , 20_x-, at 11:4-3 A .M., the above ; entered upon the docket and notice the of given by mail to the parties or their attorneys. Arbitrators' compensation to be plaid upon appeal: $ agp,00 TRUE COPY FROM RECORD /N/ M T where, s here unto set aw hal = and the sN of said ' -it Carlisle, Pa. By: ice- aoo6 ?? " Prothonotary e N Y ---i r^? r .?? f'? Russell E. Clouser Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011 Defendants, in propria persona. NATIONAL CITY BANK., Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-561 CIVIL - LAW DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT COMES NOW, Russell E. Clouser and Lisa M. Clouser, Defendants, and hereby opposes Plaintiff's Motion for Summary Judgment. 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, Affidavit of Russell E. Clouser and Lisa M. Clouser, Request for Judicial Notice of Foreign Law, and all documents submitted in Support of Motion for Summary Judgment. Dated: October 20, 2006. Respectfully submitted and signed by Russell E. Clouser and Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011 Defendants, in propria persona. Defendant's Opposition to Plaintiffs Motion for Summary Judgment Page 1 of 1 Russell E. Clouser Lisa M. Clouser c/o 11 Countryside Court Camp Hill, PA 17011 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-561 : CIVIL - LAW CERTIFICATE OF SERVICE I am over 18 years of age and I am not a party to this action. I reside at 229 West Dauphin Street, Enola, Pa 17025. On the 20th day of October 20, 2006, I mailed a copy of Brief in Support of Opposition to Summary Judgment, Defendant's Affidavit, Request for Judicial Notice of Foreign Law, Defendant's Opposition to Plaintiff's Motion for Summary Judgment and Order via Certified Mail Number 7006-0110-0003-4883-5373 to the following person: James C. Warmbrodt WELTMAN, Weinberg & REIS Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 By: Jeff Haulman 229 West Dauphin Street Enola, PA 17025 DA Certificate of Service Page 1 of 1 , 3 c: ca : ; ? ?? '? :..rte ? j ! ??. ? ? rY'"i NATIONAL CITY BANK, Plaintiff v RUSSELL E. CLOUSER and LISA M. CLOUSER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 05-0561 CIVIL TERM IN RE: CASE STRICKEN FROM TRIAL LIST ORDER OF COURT AND NOW, this 10th day of October, 2006, upon consideration of the call of the civil trial list, and the above-captioned case not having been called for trial, it is stricken from the trial list. By the Court, William T. Molczan, Esquire 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 For Plaintiff .Russell E. Clouser and Lisa M. Clouser C/o 11 Countryside Court Camp Hill, PA 17011-1518 Defendants Court Administrator :mae %jmo G.l?. 8d f E^--. Yt-.. ty LIJ ? y -: .'. / \r C-i PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) NATIONAL CITY BANK (Plaintiff) vs. RUSSELL E. CLOUSER LISA M. CLOUSER (Defendant) No. 05-561 Civil Term 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Defendant's ODpostion to Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue cases: (a) for plaintiff: James C. Warmbrodt, 2718 Koppers Building, (Name and Address) 436 Seventh Avenue, Pittsburgh, PA 15219 (b) for defendant: Russell E. Clouser, 11 Countryside Court. (Name and Address) Camp Hill, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 6, 2006 Si store 1?uSSetlC.Clovsr? ? ??sa ?. Print your name Pro Se Date: October 27, 2006 Attorney for Q ^J `i j`. L NATIONAL CITY BANK, PLAINTIFF V. RUSSELL E. CLOUSER, AND LISA M. CLOUSER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-0561 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE OILER, J., GUIDO, J., AND EBERT, J. ORDER OF COURT AND NOW, this 7th day of December, 2006, upon the Court's consideration of the Plaintiff's Motion for Summary Judgment, IT IS HEREBY ORDERED AND DIRECTED that the Motion is hereby GRANTED. IT IS FURTHER ORDERED AND DIRECTED that Judgment be entered in favor of the Plaintiff, National City Bank and against the Defendants, Russell E. Clouser and Lisa M. Clouser in the amount of $6,305.91, plus finance charges at the rate of 23.90% from November 26, 2004 to the date of this Judgment, and thereafter at the legal rate of interest, plus costs. By the Court, James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co., L.P.A Attorneys for Plaintiff Russell E. Clouser Lisa M. Clouser Defendants ,?\ -? UA M. L. Ebert, Jr., J. -7- 66 C 1 J9S bas ,,? ti tf•,t.,,ji?? ?(; ( P no i? e r. . : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-561 : CIVIL - LAW STATEMENT OF THE MATTERS Russell E. Clouser and Lisa M. Clouser, Defendants, hereby respectfully submits the Russell E. Clouser Lisa M. Clouser 11 Countryside Court Camp Hill, PA 17011 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK., Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Defendants. 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 Plaintiff s 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., Statement of the Matters - Page 1 of 1 Rule 901, requiring evidence proffered for admission on the record to be authenticated and Rule 1002, requiring best evidence. 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 26, 2006. Respectfully submitted and signed by, Russell E. Clouser and Lisa M. Clouser without prejudice. D?zn Statement of the Matters - Page 2 of 2 j0 - CERTIFICATE OF SERVICE I, the undersigned, certify that I am over 18 years of age and I on the 26th day of December 2006, I mailed a copy of the Statement of the Matters via first class mail, postage prepaid to the address listed below: The documents were mailed to: James C. Warmbrodt Weltman, Weinberg & Reis Co., L.P.A 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Judge M.L. Elbert, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I declare under penalty of perjury under the laws of the State of PA that the above is true and correct. by Jeff Haulman Certificate of Service - Page 1 of 1 <`? - ? ? ., `=-? ??' t'? ? ? ?; ? - --3 ?; e ? ?? .?,_. ,. . . ?. ?._. ?} -- ?.r-.? -.. ' -- __ . _. ?, -i -5 .??.. _-? ! A Russell E. Clouser Lisa M. Clouser 1 I Countryside Court Camp Hill, PA 17011 717-737-3334 Defendants, in propria persona. NATIONAL CITY BANK, Plaintiff, VS. RUSSELL E. CLOUSER AND LISA M. CLOUSER, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : Case No.: 05-561 : CIVIL - LAW Defendants. NOTICE OF APPEAL Notice is hereby given that Russell E. Clouser and Lisa M. Clouser, Defendants above named, hereby appeals to the Commonwealth Court of Pennsylvania from the order entered in this matter on the 7a' day of December, 2006. This Order has been entered in the docket as evidenced by the attached copy of the docket entry. Dated: December 26, 2006. Respectfully submitted and signed by, Russell E. Clouser and Lisa M. Clouser without prejudice. Notice of Appeal - Page 1 of I 13424512212006 Cumberland County Prothonotary's Office Page 1 i YS5116 Civil Case Print 2005-00561 NATIONAL CITY BANK (vs) CLOUSE RUSSELL E ET AL Reference No... Filed......... 1/31/2005 Case Type...... COMPLAINT Time.......... 4:11 Judgment...... 00 Execution Date 0/00/0000 Judge Assigned: OLER J WESLEY JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info NATIONAL CITY BANK PLAINTIFF MOLCZAN WILLIAM T 1 NATIONAL CITY PARKWAY WARMBRODT JAMES C KALAMAZOO MI 49009 CLOUSER RUSSELL E DEFENDANT 11 COUNTRYSIDE COURT CAMP HILL PA 17011 CLOUSER LISA M DEFENDANT 11 COUNTRYSIDE COURT CAMP HILL PA 17011 Judgment Index Amount Date Desc CLOUSER RUSSELL E 6,305.91 8/31/2006 AWARD OF ARBITRATORS CLOUSER LISA M 6,305.91 8/31/2006 AWARD OF ARBITRATORS CLOUSER 630S.91 CLOUSER LISAEML E 6,305.91 12/07/2006 ORDER OF COURT ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 1/31/2005 COMPLAINT ------------------------------------------------------------------- 2/04/2005 SHERIFF'S FILE RETURNED FILED. Case Type: COMPLAINT & NOTICE Ret Type.: Regular Litigant.: CLOUSER RUSSELL E Address..: 11 COUNTRYSIDE COURT Cty,/St/Z • CAMP HILL PA 17011 Hna To: LISA M CLOUS?R, WIFE Shf/D ty.: RON KERR Date/ Time: 02/03/2005 1844:00 Costs....: $38.36 Pd By: WELTMAN WEINBERG REIS 02/04/2005 ------------------------------------------------------------------- 2/04/2005 SHERIFF'S FILE RETURNED FILED. Case Type: COMPLAINT & NOTICE Ret Type.: Regular Litigant.: CLOUSER LISA M Address..: 11 COUNTRYSIDE COURT Ctyy/St/Z • CAMP HILL, PA 17011 Hnd To: LISA M CLOUSER Shf/D ty.: RON KERR Date/ Time: 02/03/2005 1844:00 Costs....: $16.00 Pd By: WELTMAN WEINBERG REIS 02/04/2005 ------------------------------------------------------------------- 2/17/2005 ANSWER TO COMPLAINT DEMAND FOR JURY TRIAL - BY LISA M CLOUSE ------------------------------------------------------------------- 2/17/2005 CERTIFICATE OF SERVICE FOR ANSWER TO COMPLAINT DEMAND FOR JURY TRIAL - BY JEFF HAULMAN ------------------------------------------------------------------- 2/17/2005 CERTIFICATE OF SERVICE FOR REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS - BY JEFF HAULMAN ------------------------------------------------------------------- 3/02/2005 REPLY TO NEW MATTER - BY JAMES C WARMBRODT ESQ ------------------------------------------------------------------- 3/29/2005 PLAINTIFF'S ANSWER TO PREQUEST FOR PRODUCTIONS OF DOCUMENTS - BY JAMES C WARMBRODT ESQ ------------------------------------------------------------------- 3/29/2005 PRAECIPE FOR SUBSTITUTION OF VERIFICATION PAGE TO REPLY TO NEW MATTER - BY JAMES C WARMBRODT ESQ ------------------------------------------------------------------- 13424512212006 Cumberland County Prothonotary's Office Page 2 PYS516 Civil Case Print 2005-00561 NATIONAL CITY BANK (vs) CLOUSE RUSSELL E ET AL Reference No... Filed......... 1/31/2005 Case Type...... COMPLAINT Time.......... 4:11 Judgment...... 00 Execution Date 0/00/0000 Judge Assigned: OLER J WESLEY JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: 3/29/2005 PRAECIPE FOR SUBSTITUTION OF VERIFICATION PAGE TO PLFFIS ANSWERS TO INTERROGATORIES SET 1 - BY JAMES C WARMBRODT ESQ ------------------------------------------------------------------- 4/22/2005 RESPONSE TO INTERROGATORIES - BY RUSSELL E CLOUSER AND LISA M CLOUSER ------------------------------------------------------------------- 4/22/2005 RESPONSE TO REQUEST FOR ADMISSIONS - BY RUSSELL E CLOUSER AND LISA M CLOUSER ------------------------------------------------------------------- 4/22/2005 RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS - BY RUSSELL E CLOUSER AND LISA M CLOUSER ------------------------------------------------------------------- 4/22/2005 CERTIFICATE OF SERVICE FOR PLFFIS REQUEST FOR INTERROGATORIES REQUEST FOR PRODUCTION OF DOCUMENTS FOR ADMISSIONS - BY JEFF HAULMAN ------------------------------------------------------------------- 4/25/2005 RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS - BY RUSSELL CLOUSER ------------------------------------------------------------------- 5/06/2005 NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO DEFT'S DISCOVERY AFFIDAVIT OF RUSSELL E CLOUSER AND LISA M CLOUSER BRIEF IN SUPPORT OF MOTION TO COMPEL SEPARATE STATEMENT IN SUPPORT OF MOTION REQUEST FOR SANCTIONS - BY RUSSELL E CLOUSER AND LISA M CLOUSER ------------------------------------------------------------------- 5/06/2005 DEFENDANT'S AFFIDAVIT IN SUPPORT OF THE MOTION TO COMPEL FURTHER RESPONSES FROM PLFF - BY RUSSELL E CLOUSER AND LISA M CLOUSER ------------------------------------------------------------------- 5/06/2005 SEPARATE STATEMENT IN SUPPORT OF DEFT'S MOTION TO COMPEL ANSWERS TO DISCOVERY - BY RUSSELL E CLOUSER AND LISA M CLOUSER DEFTS ------------------------------------------------------------------- 5/06/2005 CERTIFICATE OF SERVICE FOR DEFTS NOTICE OF MOTION TO COMPEL - BY JEFF HAULMAN ------------------------------------------------------------------- 5/13/2005 ORDER 5/13/05 ARGUMENT ON THE WITHIN MOTION TO COMPEL IS THURSDAY 6/02/05 AT 2:00 PM IN COURTROOM NUMBER 4 KEVIN A HESS JUDGE COPIES MAILED 5/13/05 ------------------------------------------------------------------- 5/23/2005 PLAINTIFF'S RESPONSE TO DEFTS' MOTION TO COMPEL - BY JAMES C WARMBRODT ESQ FOR PLFF ------------------------------------------------------------------- 5/23/2005 PLAINTIFF'S MOTION TO DETERMINE SUFFICIENCY OF DEFTS' ANSWERS TO PLFFIS REQUESTS FOR ADMISSIONS - BY WARMBRODT ESQ ------------------//------------------------------------------------- 5/24/2005 DATED ORDER - SUFFIICIENCYOFS //DEFTSS ANSWERS TO FPLFFISI DETERMINE - ARGUMENT ON THE WITHIN MOTION IS SET FOR 6/2 05 AT 2;00 PM IN CR 4 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - B THE COURT KEVIN A HESS J COPIES MAILED ------------------------------------------------------------------- 6/06/2005 ORDER OF COURT - DATED 6/2/05 - THE MOTION OF DEFTS TO COMPEL IS GRANTED TO THE EXTENT THAT DEFTS ARE DIRECTED TO PRODUCE AN ITEMIZED LIST OF THE ENTRIES IN THEIR ACCOUNT WHICH THEY DISPUTE WITHIN 45 DAYS WITHIN 45 DAYS OF THE PRODUCTION OF SAID LIST NATIONAL CITY BANK IS DIRECTED TO PRODUCE ANY SUPPORTING DOCUMENTATION OR SHOW CAUSE WHY IT CANNOT - BY THE COURT KEVIN A HESS J COPIES MAILED ------------------------------------------------------------------- 6/06/2005 ORDER OF COURT - DATED 6/2/05 - IN RE PLFFIS MOTION TODETERMINE SUFFICIENCY OF DEFTS' ANSWERS TO PLFFIS REQUESTS FOR ADMISSIONS - THE MOTION OF NATIONAL CITY BANK FOR A RULING OF THESUFFICIENCY OF THE RESQUEST FOR ADMISSIONS IS DEFERRED AND THE DEFTS ARE DIRECTED TO RESPONSE TO SAID REQUEST FOR ADMISSIONS WITHIN 45 DAYS - BY THE COURT KEVIN A HESS J COPIES MAILED 6/6/05 ------------------------------------------------------------------- 7/08/2005 RESPONSE TO ORDER OF COURT FOR SPECIFIC ITEMS - BY LISA M CLOUSER ------------------------------------------------------------------- 13424512,212006 Cumberland County Prothonotary's Office PY5511t Civil Case Print 2005-00561 NATIONAL CITY BANK (vs) CLOUSE RUSSELL E ET AL Reference No..: Case Type.....: COMPLAINT Page 3 Filed......... 1/31/2005 Time.......... 4:11 Judgment...... 00 Execution Date 0/00/0000 Judge Assigned: OLER J WESLEY JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: 7/08/2005 RESPONSE TO ORDER OF COURT FOR REQUEST FOR ADMISSIONS - BY RUSSELL CLOUSER ------------------------------------------------------------------- 7/08/2005 CERTIFICATE OF SERVICE FOR FOR DEFT'S RESPONSE TO ORDER OF COURT FOR SPECIFIC ITEMS AND RESPONSE TO ORDER OF COURT AND REQUESTED FOR ADMISSIONS - BY JEFF HAULMAN ------------------------------------------------------------------- 8/23/2005 NOTICE TO PLEAD - BY RUSSELL CLOUSER ------------------------------------------------------------------- 8/23/2005 DEFENDANT'S REPLY TO PLFF'S ANSWER AND OBJECTION TO DEFT'S RESPONSE TO COURT'S ORDER - BY RUSSELL E CLOUSER & LISA M CLOUSER ------------------------------------------------------------------- 8/23/2005 VERIFICATION IN SUPPORT OF DEFT'S REPLY TO PLFF'S ANSWER AND OBJECTION - BY RUSSELL CLOUSE AND LISA M CLOUSER ------------------------------------------------------------------- 8/23/2005 CERTIFICATE OF SERVICE FOR PLAINTIFF'S ANSWER AND OBJECTION VERIFICATION OF DEFT AND NOTICE TO PLEAD - BY JEFF HAULMAN ------------------------------------------------------------------- 8/25/2005 PLAINTIFF'S MOTION FOR SANCTIONS - BY JAMES C WARMBRODT ESQ ------------------------------------------------------------------- 9/O1/2005 ARGUMENTDONETTHE/ /WITHIN MOTIONPLFFFORISANCTIONSS MOTION SETCFORNI2/1/05RATF 1:45 PM IN CR 4 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - BY THE COURT KEVIN A HESS J COPIES MAILED ------------------------------------------------------------------- 9/29/2005 DEFENDANT'S OBJECTION AND REPLY TO PLAINTIFF'S MOTION FOR SANCTIONS ------------------------------------------------------------------- 9/29/2005 CERTIFICATE OF SERVICE ------------------------------------------------------------------- 12/02/2005 ORDER OF COURT - DATED 12/1/05 - IN RE PLFF'S MOTION FOR SANCTION - IS DISMISSED - BY THE COURT KEVIN A HESS J COPIES MAILED ------------------------------------------------------------------- 1/19/2006 PETITION FOR APPOINTMENT OF ARBITRATORS BY WILLIAM T MOLCZAN ESQ ------------------------------------------------------------------- 1/19/2006 ORDER OF COURT - DATED 1/24/06 - IN RE PETITION FOR APPOINTMENT OF ARBITRATION - CAROL J LINDSAY ESQ CHAIRPERSON AND DAVID A LOPEZ ESQ AND KARL LEDEBOHM ESQ ARE APPOINTED ARBITRATORS - BY THE COURT EDGAR B BAYLEY J COPIES MAILED ---------------------- 2/02/2006 ORDER OF COURT - DATED ESQ TO THE BOARD OF AR' VACATED - ROBERT C MAY COURT EDBAR B BAYLEY J ---------------------- 8/31/2006 AWARD OF ARBITRATORS - INTEREST AT 6W PER ANNA COPIES MAILED ------------------------------------------ 1/2/06 - THE APPOINTMENT OF DAVID A LOPEZ 3I TORS IN THE ABOVE CAPTIONED CASE IS ESQ IS APPOINTED IN HIS PLACE - BY THE COPIES MAILED ------------------------------------------ JUDGMENT FOR PLFF IN AMT OF $6305.91 WITH :JM FROM 11-26-04 08-31-06 ------------------------------------------------------------------- 9/05/2006 PETITION TO PROCEED IN FORMA PAUPERIS - BY LISA M CLOUSER - CO-DEFT ------------------------------------------------------------------- 9/05/2006 PRAECIPE FOR LISTING CASE FOR TRIAL - BY RULLELL E CLOUSER/LISA M CLOUSER-DEFTS ------------------------------------------------------------------- 9/13/2006 ORDER - 09-13-06 - IN RE: DEFT'S PETITION TO PROCEED IN FORMA PAUPERIS IS HEREBY GRANTED - BY KEVIN A HESS J - COPIES MAILED 09-13-06 ------------------------------------------------------------------- 9/13/2006 CERTIFICATE OF SERVICE - INTEROGATORIES-SET 2 / REQUEST FOR ADMISSIONS-SET 2 & REQUEST FOR PRODUCTION OF DOCUMENTS-SET 2 - BY JEFF HAULMAN ------------------------------------------------------------------- 9/25/2006 PLFF'S MOTION FOR SUMMARY JUDGMENT - BY JAMES C WARMBRODT ATTY FOR PLFF ------------------------------------------------------------------- 10/20/2006 DEFENDANT'S OPPOSITION TO PLFF'S MOTION FOR SUMMARY JUDGMENT - BY 13424512212006 Cumberland County Prothonotary's Office Page PYS13 l*J Civil Case Print 2005-00561 NATIONAL CITY BANK (vs) CLOUSE RUSSELL E ET AL Reference No... Filed......... 1/31/2005 Case Type ...... COMPLAINT Time.......... 4:11 Judgment. ..... 00 Execution Date 0/00/0000 Judge Ass igned: OLER J WESLEY JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 --------- --- Case Comments ------------- Higher Crt 1.: Higher Crt 2.: LISA M CLOUSER - DEFT PRO SE 10/23/2006 -------------------------------------------------------- ORDER OF COURT - 10-10-06 - IN RE: CASE IS STRICKEN FROM ----------- THE TRIAL LIST - BY J WESLEY OLER JR J - COPIES MAILED 10-23-06 10/27/2006 -------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR ARGUMENT - DEFT'S OPPOSITI ----------- ON TO PLFF'S MOTION FOR SUMMARY JUDGMENT - BY RUSSELL E CLOUSE R/LISA M CLOUSER- PRO SE 12/07/2006 -------------------------------------------------------- ORDER OF COURT - IN RE: PLAINTIFF'S MOTION FOR SUMMARY ----------- JUDMGENT BEFORE OLER J GUIDO J AND EBERT J - JUDGMENT BE ENTERED IN FAVOR OF THE PLAINTIFF AND AGAINST DEFENDANTS IN THE AMOUNT OF 6305.91 PLUS FINANCE CHARGES AT THE RATE OF 23.90% FROM NOVEMBER 3 6, 2004 TO THE DATE OF THIS JUDGMENT AND THEREAFTER AT THE LEGAL RATE OF INTERST PLUS COSTS BY THE COURT M L EBERT JR J COPIES MAILED - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - 4 ******************************************************************************** * Escrow Information * Fees & Debits Beq*Bal***Pymts/Adl 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 APPT OF ARBITRA 15.00 -- - 15.00 .00 - ---------- 70.50 ---------- --- 70.50 --------- .00 ******************************************************************************** * End of Case Information ******************************************************************************** Y, yw l I hate unto W my tom, th! 11M at I* Cast it WM. Pa. ??? A (mot G I- CERTIFICATE OF SERVICE I, the undersigned, certify that I am over 18 years of age and I on the 26 h day of December 2006, I mailed a copy of Notice of Appeal via first class mail, postage prepaid to the address listed below: The documents were mailed to: James C. Warmbrodt Weltman, Weinberg & Reis Co., L.P.A 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Judge M.L. Elbert, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 I declare under penalty of perjury under the laws of the State of PA that the above is true and correct. uir)4zw? y Jeff Haulman Certificate of Service - Page 1 of 1 r.? t -? G - .,-.a c?? Tl C ? ("iT r__ . T - ?f _ ` ?j ? ?. ? _ ? [? _` , { ?-? ..:? ?.. Vii; ? NATIONAL CITY BANK, Plaintiff V. RUSSELL E. CLOUSER, and LISA M. CLOUSER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-0561 CIVIL IN RE: OPINION PURSUANT TO PA. R.A.P. 1925 EBERT, J., February 1, 2007. In this civil case, summary judgment was granted in favor of Plaintiff, a credit card company, and against Defendants, in the amount of $6,305.91 plus finance charges from November 26, 2004, to the date of the judgment (December 7, 2006). From the judgment, the pro se Defendants have filed an appeal to the Pennsylvania Commonwealth Court. The bases for appeal have been expressed in a "Statement of the Matters to the Appellate Court" as follows: The trial court assumed facts not in evidence and rendered a judgment therefrom. 2. The trial court ignored Plaintiff's 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. 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.I This opinion in support of the judgment is written pursuant to Pennsylvania Rule of Appellate Procedure 1925(a). STATEMENT OF FACTS Defendants applied for and received a credit card from Plaintiff with a $5,000.00 credit limit.2 During the first billing cycle of the card's use, in September and October, 2003, Defendants are alleged to have taken a $2,500.00 cash advance and made other charges, bringing the balance to $4,076.08.3 During the next few billing cycles, the following activity took place on the account: Billing Cycle 10/18 - 11/18/03 11/19 - 12/17/03 12/18/03 - 1/19/04 1/20 - 2/17/04 2/18 - 3/17/04 Charges Made $944.00 $134.60 $126.25 New Balance4 $4,986.72 $5,061.10 $5,069.08 $4,937.82 $5,049.36 Minimum Payment Made $101.005 $124.006 $187.107 $195.088 9 For the entire active period of use of this credit card account, which spans only from September 29, 2003, to January 3, 2004, one cash advance, 21 credit purchases and 3 minimum amount payments are listed on the account statement. The date of each purchase and the name of each entity from which a purchase was made is clearly delineated on monthly billing statements provided to the Defendants by the Plaintiff." On the account statement for the cycle ending March 17, 2004, Defendants were notified that their account was 30 days past due and asked to remit the past due amount t Statement of the Matters Complained Of On Appeal. 2 See "Exhibit 1," page 1, attached to Plaintiff's Complaint (Account Statement with Closing Date 10/17/03). s Id. 4 Balance accrual includes finance charges, late fees, etc. See individual statements attached to Complaint as "Exhibit 1." 5 "Exhibit 1," page 2 (Account Statement with Closing Date 11/18/03). 6 Id. at page 3 (Closing Date 12/17/03). Id. at page 4 (Closing Date 1/19/04). s Id. at page 5 (Closing Date 2/17/04). 9 Id. at page 6 (Closing Date 3/17/04). io Id. at pages 1-4 (Closing Dates 10/17/03, 11/18/03, 12/17/03 and 1/19/04) 2 I immediately." Each of the next three statements (through June 16, 2004) informed Defendants that the account had been closed due to their failure to make any payment, and no charges or payments appear on those statements but for finance charges, over limit fees, and late fees. 12 The last statement shows a balance due of $5,555.28 as of June 16, 2004.13 At the time the account was opened and continuing to this day the Defendants' address has been 11 Countryside Court, Camp Hill, PA 17011 indicating that each monthly statement would have reached the Defendants. Plaintiff initiated this action seeking to recover the balance owed by the Defendants on this credit card account, which, according to the Complaint, was $6,305.91 as of November 26, 2004. Defendants responded by denying liability for the debt, alleging that the debt had been paid in full. Plaintiff responded with a set of interrogatories, a request for production of documents, and a request for admissions, 14 and provided copies of monthly account statements showing purchases made by the Defendants and the outstanding balance on the account. 15 In response to an interrogatory asking Defendants to "list the date(s) and amount(s) of all payments made by the Defendant, or on the Defendant's behalf, to the Plaintiff on the subject credit account," the Defendants responded that "[a]fter reasonable investigation, Defendants [sic] do not remember all the date(s) or amount(s) made by the Defendants" on the credit account. 16 In its request for production of documents, Plaintiff requested that Defendants produce documentation showing payment on the account, supporting Defendants' denial that a balance is owed, and any other documents Defendants intended to introduce as evidence at trial. 17 Defendants produced no documents in response to these requests and have never supplemented their answers to these requests. 11 Id. at page 6 (Closing Date 3/17/04). 12 Id. at page 7-9. 13 Id. at page 9. 14 See "Exhibit 4," attached to Plaintiff's Complaint. " See "Exhibit 1," attached to Plaintiff's Complaint. 16 See "Response to Interrogatories," page 2, attached to Plaintiff's Complaint. I' See "Response to Request for Admissions," attached to Plaintiff's Complaint. 3 In its request for admissions, Plaintiff requested that Defendants admit that the account statements were true and correct copies of the statements for Defendants' account, and admitting the requirement of monthly payment. Defendants denied these requests on the basis that they were disputing the debt. On June 2, 2005, Judge Kevin A. Hess entered two orders in response to two different motions. The first was the Plaintiff's Motion to Determine Sufficiency of Defendants' Answers to Plaintiff's Request for Admissions filed May 23, 2005. The second motion was Defendants' Motion to Compel Answers to Discovery filed May 6, 2005. Judge Hess's orders gave the Defendants two very basic directives. He deferred ruling on the Plaintiff's Request for Admissions but did order the Defendants to respond to the Request for Admissions within 45 days. Additionally, on the Defendants' Motion to Compel he directed the Defendants to simply "produce an itemized list of entries in their account which they dispute within 45 days". Only after production of this list would National City Bank be required to produce any additional supporting documentation not provided in the monthly statements of the Defendants' credit card account. Defendants failed to comply with either Order, but filed the following "Response to Order of Court for Specific Items:" "After a reasonable investigation, the documents sought are no longer in Defendant's possession. As I cannot specify the specific amounts, and the length of time which has expired since the inception of this dispute, I must dispute all of them and request that the Plaintiff provide proof that the charges for which the Plaintiff is suing, the actual amount sued for, and how the Plaintiff arrived at that amount, be brought forward with the signed sales receipts and any other books and records which the Plaintiff has which show in fact that the Defendant is responsible for an amount that remains unpaid as Defendant contends still that multiple payments were not properly credited to the subject credit card account." The Plaintiff then filed a Motion for Sanctions pursuant to Pa.R.C.P. 4019 which was heard on December 1, 2005. The Plaintiffs requested the award of judgment in their favor and reasonable attorneys fees. The Court did not grant these specific requested sanctions and thus the case continued. 4 On March 23, 2006, the Defendants appeared before a panel of arbitrators. After hearing, the arbitration panel entered an award for the Plaintiff in the full amount requested of $6,305.91, with interest at 6% per annum from November 26, 2004.18 Defendants filed an appeal to this Court, requesting a jury trial. To date, the Defendants have never complied with the orders issued by Judge Hess on June 2, 2005. Plaintiffs subsequently moved for summary judgment. The Parties appeared for argument December 6, 2006, and the Plaintiff's Motion for Summary Judgment was granted. DISCUSSION A. Appellate Jurisdiction The Clousers' appeal in this case appears erroneously filed with the Pennsylvania Commonwealth Court, which lacks jurisdiction over the appeal. 19 The Pennsylvania Superior Court has exclusive appellate jurisdiction of all appeals from final orders of the courts of common pleas, regardless of the nature of the controversy or the amount involved, except those classes of appeals which are within the exclusive jurisdiction of the Supreme Court or Commonwealth Court. 42 Pa.C.S.A. §742. However, an appeal taken to a court which does not have jurisdiction of the appeal must be transferred to the proper court, where the appeal shall be treated as if originally and timely filed. Pa.R.A.P. 751, 42 Pa.C.S.A. §5103. This opinion therefore treats the appeal as if properly fled with the Pennsylvania Superior Court. B. Entry o- Summary Judgment Summary judgment is proper where the pleadings, depositions, answers to interrogatories, admissions and affidavits on file demonstrate that there exists no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 18 See "Exhibit 5," attached to Plaintiff's Complaint, judgment of arbitration board. 19 The Pennsylvania Commonwealth Court has exclusive jurisdiction of appeals from final orders of the courts of common pleas in, among other instances, all criminal actions for the violation of rules, regulations or orders of any Commonwealth agency or administered by any Commonwealth agency (42 Pa.C.S.A. §762(a)(2), Com v. Tyson, 427 A.2d 283 (Pa. Cmwlth. 1981)); appeals from orders disposing of motions for the return or property pursuant to Pa.R.Crim.P. 588, in addition to jurisdiction under the Forfeiture Act In re One 1988 Toyota Corolla, 675 A.2d 1290 (Pa. Cmwlth. 1996)); appeals from final orders of government agencies having statewide jurisdiction (42 Pa.C.S.A. §763(a)); and appeals involving actions or proceedings when the application, interpretation, or enforcement of any home rule charter or local ordinance is at issue (42 Pa.C.S.A. §762(a)(4)(i)(B)). 5 Pa.R.C.P. 1035.2(1), Weiner v. American Honda Motor Co., 718 A.2d 305 (Pa. Super. 1998). The purpose of summary judgment is to avoid unnecessary trials and to eliminate the waste of time and resources of both litigants where a trial would be a useless formality. Curan v. Children's Service Center, Inc., 578 A.2d 8 (Pa. Super. 1990), appeal denied 585 A.2d 468 (Pa. 1991). The adverse party may not rest upon the mere allegations or denials in their pleadings. Pa.R.C.P. 1035.3(a). In deciding whether summary judgment is proper, the court must construe the facts on the record in a light that is most favorable to the non-moving party. The court must also resolve all doubts and reasonable inferences as to the existence of a genuine issue of material fact in favor of the non-moving party. Telega v. Security Bureau, Inc., 719 A.2d 372 (Pa. Super. 1998). This Court is fully aware that summary judgment should not be granted lightly, and realizes the finality of such a ruling. But the gravity of the outcome does not outweigh the parties' responsibility to proceed before the Court with complete candor. The rule is often stated that "In reviewing summary judgment, the court must accept as true all well-pleaded facts in the non-moving party's pleadings, giving the non-moving party the benefit of all reasonable inferences to be drawn therefrom". Curry v. Estate of Thompson, 481 A.2d 658 (Pa.Super. 1984). In this case, the issue then turns on "well- pleaded facts" and "reasonable inferences". This matter is not complex. The credit account in question was active less than 100 days. The complaint alleges one cash advance, 21 purchases, and 3 payments. In Judge Hess's June 2, 2005 order, he instructed the Defendants to simply list the items they disputed. They, in essence, replied that they have no recollection whatsoever of the use of this account. This is not a "well-pleaded fact" and as such it does not create a reasonable inference that the account was paid. What it amounts to is "mere allegation and denial". In short the Defendants have not set forth specific facts showing that there is a genuine issue for trial. Where a motion for summary judgment has been made and properly supported, the party seeking to avoid the imposition of summary judgment must show by specific 6 facts in their depositions, answers to interrogatories, admissions or affidavits that there is a genuine issue for trial. Marks v. Tasman, 589 A.2d 205 (Pa. 1991). Here, Defendants maintain total ignorance of their use of the credit card account, and therefore, ipso facto, the account was paid. Despite 18 months of attempted discovery, the Defendants have failed to produce anything but mere allegation and denial. Due to the absence of a genuine issue of material fact as to the balance owed by the Defendants, summary judgment was properly entered for the Plaintiff as a matter of law, and in furtherance of the legitimate judicial purpose of avoiding unnecessary trials and eliminating waste of time and resources. An examination of the Defendants "Statement of Matters to the Appellate Court" seems to imply that this matter was before a fact finding tribunal and not before a panel of judges in argument court on purely legal issues. For example, the Defendants claim the panel of Judges who heard the argument "assume facts not in evidence", "ignored the unrebutted testimony of the Defendant", "admitted into evidence statements of counsel as "facts" before the Court" and "invaded the province of the jury through summary forensics". In the context of argument court these assertions are meaningless. Frankly, the Defendants in this case have been totally dilatory. The mere fact that these Defendants are appearing pro se does not afford them any special privilege. First Union Mortg. Corp. v. Frempong, 744 A.2d 327 (Pa. Super. 1999). A motion for summary judgment must be granted in favor of a moving party if the other party chooses to rest on his pleadings, unless a genuine issue of material fact is made out in the moving party's evidence taken alone. Curry v. Estate of Thompson, 481 A.2d 658 (Pa. Super. 1984). This Court finds that had the Defendants genuinely desired to comply with Judge Hess's June 2, 2005 Order they could have well-plead some specific facts which would support their position and thereby create a "genuine issue of material fact". They did not do so, but rested on their denial. Despite the relatively short amount of time Defendants' account was open and active, and the small number of transactions - their feigned total loss of recollection regarding the use of this credit card is simply not a well-plead fact that creates a reasonable inference that the account was paid. Courts are not powerless when confronted with such bad faith and delay. To the contrary, entry of summary judgment was not only proper but just. By the Court, -?' ?" '`1 M.L. Ebert, Jr., J. ?James C. Warmbrodt, Esquire Attorney for Plaintiff sell E. Clouser Lisa M. Clouser Plaintiffs 8 I?: IIJ I- --IAJME A)0 ".03 IN THE COMMONWEALTH COURT OF PENNSYL MANIA National City Bank V. Russel E. Clouser and Lisa M. Clouser, Appellants No. 2373 C.D. 2006 ORDER NOW, February 21, 2007, upon review of the trial court record, and it appearing that this is an action to collect unpaid credit card bills and that as such it is not within the jurisdiction of this Court, 42F Pa. C.S. §§761-764, this matter is transferred to the Superior Court of Pennsylvania. 42 Pa. C.S. §5103. 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. f Certified from the Record FEB 2 2 2007 r,a -on ;. - j-n COMMONWEALTH OF PENNSYLVANIA Karen Reid Bramblett, Esq. Prothonotary James D. McCullough, Esq. Deputy Prothonotary ? w Superior Court of Pennsylvania Middle District March 22, 2007 100 Pine Street. Suite 400 Flarrisbure. PA 17101 717-772-1294 www. superior.court.state.pa. us Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: 477 MDA 2007 National City Bank V. Russel E. Clouser and Lisa M. Clouser, Appellants Dear Mr. Long: Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Very truly yours, Karen Reid Bramblett Prothonotary VSL 9:45 AA Appeal Docket Sheet Docket Number: 477 MDA 2007 Superior Court of Pennsylvania Page 1 of 4 March 28, 2007 ZROM National City Bank V. Russel E. Clouser and Lisa M. Clouser, Appellants Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: March 22, 2007 Awaiting Appellant Paperbooks Journal Number: Case Category: Civil CaseType: Civil Action Law Consolidated Docket Nos.: Related Docket Nos.: 246 MDA 2007 Similar Issues SCHEDULED EVENT Next Event Type: Receive Appellant Paperbooks Next Event Due Date: May 7, 2007 3/2812007 3023 9:45 A.M. Appeal Docket Sheet Docket Number: 477 MDA 2007 Page 2 of 4 March 28, 2007 Superior Court of Pennsylvania COUNSEL INFORMATION Appellant Clouser, Russell E. Pro Se: 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: rrlclouser@comcast.net Receive E-Mail: No Appellant Clouser, Lisa M. Pro Se: Appoint Counsel Status: IFP Status: Appellant Attorney Information: Attorney: Clouser, Lisa M. Bar No.: Law Firm: Address: 11 Countryside Court Camp Hill, PA 17011 Phone No.: (717)737-3334 Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No Appellee National City Bank Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: Warmbrodt, James C. Bar No.: 42524 Law Firm: Weltman, Weinberg & Reis, Co., L.P.A. Address: 2718 Koppers Bldg 436 7th Ave Pittsburgh, PA 15219 Phone No.: (412)338-7113 Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No FEE INFORMATION Paid Fee Date Fee Name Fee Amt Amount Receipt Number 3/28/2007 3023 9:45 A.M Appeal Docket Sheet Docket Number: 477 MDA 2007 Page 3 of 4 March 28, 2007 Superior Court of Pennsylvania TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Civil Date of Order Appealed From: December 7, 2006 Judicial District: 9 Date Documents Received: December 28, 2006 Date Notice of Appeal Filed: December 26, 2006 Order Type: Order OTN: Judge: Ebert, Jr., Merle L. Lower Court Docket No.: No. 05-561 Judge ORIGINAL RECORD CONTENTS Original Record Item Filed Date Content/Description Parts March 22, 2007 2 Date of Remand of Record: BRIEFS Appellant Brief Clouser, Russell E. Due: May 7, 2007 Clouser, Lisa M. Due: May 7, 2007 Reproduced Record Clouser, Russell E. Due: May 7, 2007 Clouser, Lisa M. Due: May 7, 2007 DOCKET ENTRIES Filed Date Docket Entry/Document Name Party Type Filed By December 26, 2006 Notice of Appeal Filed Appellant Clouser, Russell E. Appellant Clouser, Lisa M. March 22, 2007 Transfer from Another Court Case transferred from Commonwea lth Court (2373 CD 2006) To Superior Court (477 MDA 2007) Superior Court March 22, 2007 Docketing Statement Exited (Civil) Middle District Filing Office March 22, 2007 Trial Court Record Received Lower Court or Agency March 27, 2007 Docketing Statement Received Appellant Clouser, Lisa M. Appellant Clouser, Russell E. 3/28/2007 3023 9:45 A.M. Appeal Docket Sheet Docket Number: 477 MDA 2007 Superior Court of Pennsylvania Page 4 of 4 March 28, 2007 A l 3/28/2007 3023 _ T i t1 c . -r- i Irene M. Bizzoso, Esq Supreme Court of Pennsylvania . Deputy Prothonotary Middle District Norina K. Blynn April 29, 2008 Chief Clerk Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: National City Bank, Respondent V. Russell E. Clouser and Lisa M. Clouser, Petitioners Superior Docket Number - 477 MDA 2007 Trial Court/Agency Dkt. Number: No. 05-561 No. 921 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 11 1- IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT NATIONAL CITY BANK, No. 921 MAL 2007 Respondent Petition for Allowance of Appeal from the Order of the Superior Court V. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Petitioners 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 Nod a K. Blynn, Chief Clerk 0 CZ) per` ?"? l a.. Superior Court of Pennsylvania Karen Reid Bramblett, Esq. Middle District Prothonotary James D. McCullough, Esq. October 2, 2007 Deputy Prothonotary Certificate of Remittal/Remand of Record TO: Mr. Curtis R. Long Prothonotary RE: National City Bank v. Clouser R. et ux No.477 MDA 2007 Trial Court/Agency Dkt. Number: No. 05-561 Trial Court/Agency Name: Cumberland County Court of Common Pleas Intermediate Appellate Court Number: 100 Pine Street. Suite 400 Harrisburg, PA 17101 717-772.1294 www.superior.court.state.pa.us 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 Filed Date Description Parts March 22, 2007 2 ` 1 Date of Remand of Record: JIN-11-1 2008 ° ORIGINAL RECIPIENT ONLY - Please acknowledge receipt by signing, dating, and returning the enclosed copy of this certific our office. Copy recipients (noted below) need not acknowledge receipt. ate L. "F1 t t a / James D'McCullough, Esq. Deputy Prothonotary Signature Date Printed Name 1 r+: .. ' ? A 1. A27043/07 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P.65.37 NATIONAL CITY BANK, Appellee V. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Appellants IN THE SUPERIOR COURT OF PENNSYLVANIA No. 477 MDA 2007 Appeal from the Order of December 7, 2006, in the Court of Common Pleas of Cumberland County, Civil Division at No. 05-561 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 National City Bank. We dismiss this appeal. The trial court provided a thorough background to this matter. Trial Court Pa.R.A.P. 1925(a) Opinion, 2/1/07, at 2-5. Given our disposition of this appeal, we need not repeat this background in its entirety. In short, Appellants applied for and received a credit card from Appellee. Appellee later initiated an action against Appellants to recover the balance owed by Appellants. The case eventually arrived in front of a panel of arbitrators, who entered an award in favor of Appellee for $6,305.91 plus interest. Appellants appealed to the trial court. Appellee then moved for and was granted summary judgment. This timely pro se appeal followed. *Retired Senior Judge assigned to the Superior Court. C J. A27043/07 In their brief to this Court, Appellants ask this Court to consider the following questions: 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 Clouser'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? Appellants' Brief at 1-2 (suggested answers omitted). We find that, because Appellants' 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 Appellants ask 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 Appellants' brief is out of compliance with Pa.R.A.P. 2116, as their "statement of questions involved" is not on a separate page. See Pa.R.A.P. 2116(a) ("The statement of the questions -2- c I A27043/07 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 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, Appellants' argument section of their brief in no way corresponds or seemingly relates to the questions they ask this Court to consider on appeal. For instance, the first line of the argument section of Appellants' brief avers, "This appeal is aimed squarely at the trial court's want of subject matter jurisdiction." Appellants' Brief at 7. We quoted Appellants' questions to be considered on appeal above, and these questions do not remotely suggest that Appellants seek to challenge the trial court's jurisdiction over this matter. Most problematic for purposes of our review is Appellants' 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 Appellants' 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 -3- L 1. A27043/07 put forward by Appellants are unsupported by citation. See, e.g., Appellants' Brief at 8, ¶1. A review of Appellants' brief, particularly its "Table of Authorities," reveals that Appellants 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 appellants are] not entitled to any particular advantage because [they] lack[ ] 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." Zd. at 942-43. For these reasons, we exercise our discretion to dismiss this appeal. Appeal dismissed. 1 Appellants' brief also fails to comply with Pa.R.A.P. 2117(b) in that Appellants' "statement of the case" contains superfluous argument. We -4- 1. A27043/07 Judgment Entered: e uty Prothonotary October 2, 2007 Date: further note that Appellants' arguments comprehend. are difficult to follow and -5- ?A F7 i ? N t ) ? `, ti 417W a07 IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT NATIONAL CITY BANK, : No. 921 MAL 2007 Respondent Petition for Allowance of Appeal from the Order of the Superior Court V. RUSSELL E. CLOUSER AND LISA M. CLOUSER, Petitioners 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 i 41- Nori?a K. Blynn, Chief Clerk ?, tX ? . y ? .?... ? ? r - C7 ?? - ? ?.? ?.z? C":: w? ?? ? .=.$ ? ?a - , ? `c.. -.4 ? k , " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff vs. RUSSELL E CLOUSER and LISA M CLOUSER Defendants No. 05-561-CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (LEVY ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I. D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03964755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff vs. RUSSELL E CLOUSER and LISA M CLOUSER Defendants TO THE PROTHONOTARY: Civil Action No. 05-561-CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... ? %t a 1. directed to the Sheriff of Cumberland County: t?P 2. against Russell E. Clouser and Lisa M. Clouser, Defendants 11, C, on+rLj-%ide OWrl-, Oimp 3. Judgment Amount $ 6,305.91 /7011 Interest: From date of Judgment (August 14, 2008 through August 20, 2008) $ 38.35 Costs $ SUBTOTAL: $ 6,344.26 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: 11-K W James C. Wa b t, PA 1. D. #4252 WELTMAN, El BEI 1400 Koppe B Idin( 436 Sevent Av nue Pittsburgh, A 5219 (412)434- 9 WWR#03 55 Esquire tG & REIS CO., L.P.A. r-3 C= Q o 7 t o 3q; Ir 00 ?f: s° t w ` "e7 O s s - x =SRO i- F5 r ?- ? d ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-561 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY BANK, Plaintiff (s) From RUSSELL E. CLOUSER and LISA M. CLOUSER, 11 Countryside Court, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,305.91 L.L. $.50 Interest from date of Judgment (8/14/08 through 8/20/08 -- $38.35 Atty's Comm % Due Prothy $2.00 Atty Paid $181.36 Plaintiff Paid Other Costs Date: 11/03/08 (Seal) REQUESTING PARTY: Name JAMES C. WARMBRODT, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF C s R. L onota/ By: Deputy Telephone: 412-434-7955 Supreme Court ID No. 42524 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL Advance Costs: 196.10 Sheriff's Costs: 196.10 18.00 000.00 112.10 .50 2.00 Refunded to Atty on 03/25/09 13.50 30.00 20.00 i 4 T $ 196.10 ? Sswer R. Thomas Kline, Sheriff OkaAIA?TkL,?.4 By Claudia A. Brewbaker 10 .E d 9- AON 9001 AAI83HS 3H! ?O 33IAdO 4 WRIT OF EXECUTION and/or ATTACHMENT t R COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-561 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONAL CITY BANK, Plaintiff (s) From RUSSELL E. CLOUSER and LISA M. CLOUSER, 11 Countryside Court, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,305.91 L.L. $.50 Interest from date of Judgment (8/14/08 through 8/20/08 -- $38.35 Atty's Comm % Due Prothy $2.00 Atty Paid $181.36 Other Costs Plaintiff Paid Date: 11/03/08 -24?4" s R. Longf:Pw" (Seal) By: Deputy ') REQUESTING PARTY: 15 r-- Name JAMES C. WARMBRODT, ESQUIRE , . ? Address: WELTMAN, WEINBERG & REIS CO, LPA -17 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 c Attorney for: PLAINTIFF Telephone: 412434-7955 Supreme Court ID No. 42524 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff vs. RUSSELL E CLOUSER LISA M CLOUSER Defendant No. 05-561-CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#3964755 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff vs. RUSSELL E CLOUSER LISA M CLOUSER Defendant Civil Action No. 05-561-CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: "" 0' James C. rmbrodt PA 1. D #4 5 4t5 4 WELTM ' EINBERG & REIS CO., L.P.A. 1400 Ko p rs Building 436 Se e h Avenue Pittsbu , PA 15219 (412) 4 -7955 WWR #3964755 Sworn to and subscribed before me this, anuary, 09 day, N ARY PU IC COMMONWEALTH OF P NNSYLYANIA Notarial seal Jennifer M. Borowski, Notary Public City of Pittsburgh. A ftMny County M Commission Feb. 22, 2012 a FUG=D=ICE OF THI= Tp ,ICTARY 2009 APR -3 PM 1: 4 9 Ctl l s )JNTY Ct,# $803051 -23 xO