Document for 13-CV-0117 - CACH, LLC vs. BARNHILL, TOMECKIA

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WWR # 9570282 /

IN THE COURT OF COMMON PLEAS

WAYNE COUNTY, OHIO
CACH, LLC ) CASE NO. 13 CV 0117
)
Plaintiff, ) JUDGE SPITLER
)
vs. )
)
TOMECKIA BARNHILL ) PLAINTIFF’S MOTION FOR
) SUMMARY JUDGMENT
Defendant. )

NOW COMES the Plaintiff, CACH, LLC, by and through counsel, Weltman, Weinberg
& Reis Co., L.P.A., respectfully moves this Court to enter Summary Judgment in favor of the
Plaintiff and against the Defendant, Tomeckia Barnhill, in accordance with the provisions of
Ohio Civil Rules 56(C) and 36(A) on the ground that there is no genuine issue as to any material
fact, and the Plaintiff is entitled to Judgment as a matter of law. The basis for the within Motion
is more fully set forth in the Brief and Affidavit attached hereto and incorporated herein by

reference,
Respectfully Submitted,

WELTMAN- WEIN, ERG, & REIS CO., L.P.A.

ANDREW C. VOORHEES #0077955
- Attorney for Plaintiff

as : Lakeside Place, Suite 200

so . 323 Lakeside Avenue, West
Cleveland, OH 44113
Telephone: (216) 685-1050
Facsimile: (216) 363-4033
Email: avoorhces@weltman.comCERTIFICATE OF SERVICE
A copy of the foregoing Plaintiff's Motion for Summary Judgment was served via regular
mail on this _\ d eay of September 2013 to Attomey for the Defendant, Marie L. Moore, Esq.,

at 128 W. Water Street, Orrville, Ohio 44667.
a“

2

ANDREW C. VOORHEES #0077955
Attorney for PlaintiffBRIEF IN SUPPORT

 

L STATEMENT OF FACTS

“449

Defendant, Tomeckia Barnhill, (hereinafter referred to as “Defendant”) apgilied for and”:
© ;
received a GE Money Bank Account. Defendant became indebted to GE Money Bafik by fi use

or

a oe ~
of the Account. See a Statements of Account attached hereto as Exhibit “1.” a — =
dd :

Thereafter, Defendant failed to make payments to GE Money Bank as required. Plaintif
CACH, LLC (hereinafter referred to as “Plaintiff’) purchased and was assigned for good
consideration and value the aforementioned account from GE Money Bank. See a copy of the
Affidavit of Sale attached hereto as Exhibit “2.” As a result, the amount now due and owing
from Defendant to Plaintiff is $1,395.97 plus interest. See the Affidavit of an authorized
representative of Plaintiff attached hereto and incorporated by reference. All credits and
payments have been properly applied to this Account.

Plaintiff filed its Complaint and Defendant filed an Answer. On April 10, 2013, Plaintiff
sent Defendant its First Set of Combined Interrogatories, Requests for Admissions, and Requests
for Production of Documents. See Plaintiff's First Set of Combined Interrogatories, Requests for
Admissions, and Requests for Production of Documents attached hereto as Exhibit “3.” See also
the Affidavit of Plaintiff's Counsel attached hereto and incorporated by reference. The responses
to Plaintiff's discovery request were due at Plaintiff's Counsel’s office on or before May 10,
2013. The Defendant was granted by the Court until July 31, 2013 to respond to the discovery
request. Defendant has failed to respond. See Exhibit “3” and Affidavit of Counsel.

To date, Defendant has not responded to Plaintiffs discovery requests, including

Requests for Admissions. See Affidavit of Plaintiff's Counsel. Plaintiff now submits its Motion+ y

for Summary Judgment as there are no genuine issues of material fact and Plaintiff is entitled to

Judgment as a matter of law.

IL. LAW AND ANALYSIS
A. STANDARD OF REVIEW

Rule 56(C) of the Ohio Rules of Civil Procedure provides in pertinent part;

Summary Judgment shall be rendered forthwith if the pleadings,
depositions, answers to interrogatories, written admissions,
affidavits, transcripts of evidence in the pending case, and written
stipulations of fact, if any, timely filed in this action show that
there is no genuine issue of material fact and that the moving party
is entitled to Judgment as a matter of law.

Ohio Civil Rule 56(C).

Summary Judgment is a procedural device to terminate litigation and to avoid formal trial
where there is nothing to try. Stegawski v. Cleveland Anesthesia Group (1987), 37 Ohio App.3d
78, 523 N.E.2d 902. In North v. Pennsylvania Railroad Co. (1967), 9 Ohio St. 2d 169, the Ohio
Supreme Court encouraged the elimination of,

. .. backlog of cases which clog our courts awaiting trial .. . in
which no genuine issue of fact exists. The availability of this

procedure in the desirability of its aims are so apparent that its use
should be encouraged.

Summary Judgment is especially appropriate in this case because employment of this procedure
will terminate expensive and useless litigation and obviate unnecessary trial. See Mintz v.

Mathers Fund, Inc., 463 F.2d 495 (7th Cir. 1972); Wahl v. Vibranetics, Inc., 464 F.2d 971 (6th

 

 

Cir. 1973).
It has been held in Ohio that where the pleadings and arguments of the parties seeking
summary judgment clearly establish that the non-moving party has no legally cognizable cause

of action, the court may render judgment in favor of the moving party. Dresher y. Burt (1996),y y

75 Ohio St.3d 280, 297-298, 662 N.E.2d 264. The non-moving party has a burden of rebuttal to
supply evidentiary materials, when the moving party presents evidentiary materials that deny the
claim. Whiteleather v. Yosowitz (1983), 10 Ohio App.3d 272, 275, 461 N.E.2d 1331. The non-
moving party must produce evidence in some form permitted by Civ.R. 56(C) sufficient to
justify the court’s conclusion that a reasonable jury would properly render a verdict in his favor.
If the moving party has demonstrated the non-moving party’s claim is factually implausible, then
the non-moving party may not rely on isolated facts to support the claim. Paul v. Uniroyal
Plastics Co., (1988), 62 Ohio App.3d 277, 575 N.E.2d 484.

B. THERE ARE NO GENUINE ISSUES OF MATERIAL FACT AS
DEFENDANT HAS ADMITTED TO THE FACTS PROVING
PLAINTIFF’S CLAIM PURSUANT TO OHIO CIVIL RULE 36(A).

Here, there are no genuine issues of material fact as Defendant has admitted the validity

of Plaintiff's claim. Ohio Civil Rule 36(A) provides for the use of Requests for Admissions as a
discovery tool. That Rule states in pertinent part:

The matter is admitted unless, within a period designated in the

request, not less than twenty-eight days after service thereof... the

party to whom the request is directed serves upon the party

requesting the admission a written answer or objection addressed

to the matter, signed by the party or the party’s attorney.
Ohio Civil Rule 36(A). Under Civil Rule 36, no action is required by the Court in order to
deem these matters admitted, the simple non-response itself serves as the admission.

On April 10, 2013, Plaintiff sent Defendant a written discovery request, which included

Requests for Admissions. See Exhibit “3” and Affidavit of Plaintiff's Counsel. Defendant
failed to respond the Requests for Admissions. See Affidavit of Plaintiff's Counsel. As a

result, Defendant is deemed to have admitted all the Requests for Admissions contained in

Plaintiff's Requests for Admissions under Civil Rule 36(A).y 5

Defendant’s admissions prove the elements of Plaintiff's claim. Defendant has
admitted that he applied, signed for, received, accepted, and used the credit card account at
issue. See Exhibit “3,” Request for Admission No. 2-13. Defendant has admitted that he did
not dispute any of the charges. See Exhibit 3, Request for Admission No. 14-15. Defendant
admits that he did not remit payment as required on the credit card account. See Exhibit “3,”
Request for Admissions No. 16, 18. Defendant admits that Plaintiff is the owner of the account
at issue, having purchased it from GE Money Bank. See Exhibit “3,” Request for Admission
No. 20-22. Defendant admits that he owes Plaintiff a balance due of $1,395.97. See Exhibit
“3,” Request for Admission No. 17, 24.

IH. CONCLUSION

As there are no issues of material fact, Plaintiff respectfully requests this Court to issue

an Order granting Summary Judgment in its favor.

Respectfully ups itted,

WELTMAN, WE! cy pe CO., L.P.A.

ANDREW C, V@ORHEES #0077955
Atop Plaintiff

Lakésideé Place, Suite 200

323 Lakeside Avenue, West
Cleveland, OH 44113

Telephone: (216) 685-1050
Facsimile; (216) 363-4033

Email: avoorhees@weltman.comWWR # 9570282
STATE OF OHIO )
SS: AFFIDAVIT
COUNTY OF CUYAHOGA _ )
ANDREW C. VOORHEES, being first duly sworn, deposes and states that Affiant is the

Attorney for the Plaintiff, CACH, LLC., and is making the within Affidavit in support of the

 

Motion for Summary Judgment filed in the case captioned CACH. LLC v. Tomeckia Barnhill,
‘Wayne County Common Pleas Court Case No. 13 CV 0117.

AFFIANT FURTHER STATES that the within Affidavit is made either on Affiant’s
personal knowledge or based on the records of the Plaintiff.

AFFIANT FURTHER STATES that on April 10, 2013, Affiant sent Plaintiffs First Set
of Combined Interrogatories, Requests for Admissions and Requests for Production of
Documents to Defendant’s Attorney. A copy of Plaintiff's First Set of Combined
Interrogatories, Requests for Admissions and Requests for Production of Documents is attached
to Plaintiff's Motion for Summary Judgment as Exhibit “3.°° The Responses were due by Court
Order on or before July 31, 2013.

AFFIANT FURTHER STATES that Defendant has failed to respond to Plaintiff's First
Set of Combined Interrogatories, Requests for Admissions and Requests for Production of
Documents, nor has Defendant requested additional time to respond.

AFFIANT FURTHER SAYETH NAUGHT. “ 4

fo
BY: oo Z

ANDREW C. VOORHEES, ESQ
Attomey for Plaintiff

SWORN TO BEFORE ME and subscribed in my presence this {Dd te Say of
September 2013.

Uttiy,,
eRe AIAL Sah

     
 

NOTA Y PI BLIC

   

= ‘© TERESA ANN RECROR
=* med ® = NOTARY PUBLIC CHIC)
z 7 = WCOWISSOR DIES OH
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2934 oS
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HAWWWR# 9570282 AFFIDAVIT OF CLAIM
STATE OF COLORADO )

. ):ss.
COUNTY OF DENVER )

I, ANGELICA MARTINEZ , being first duly sworn on oath or upon affirmation,

depose and state that I am the authorized agent and a custodian of record of CACH, LLC. the
Plaintiff in the case captioned CACH, LLC. v. Tomeckia Barnhill, filed in the Wayne County
Common Pleas Court, that I am of legal age with full authority to make the statements contained

 

herein, that I declare under penalty of perjury under the laws of the State of Ohio that the
following is true and correct, and if called as a witness I could competently testify to the matters
stated herein as follows:

1. I have reviewed the books and records of Plaintiff and am familiar with the
account of Tomeckia Barnhill (the “Defendant”). Plaintiffs books and records contain account
records and information of the account referenced below provided to Plaintiff by the Original
Creditor referenced below or its assignee. The records are kept in the ordinary course of a
regularly conducted business activity and are made either by a person having personal
knowledge of the information contained therein or based on information conveyed by a person
having personal knowledge of the information contained therein, and I know from my experience
in reviewing such records and from common knowledge of how credit cards work that those
records are made and maintained by individuals who have a business duty to make entries in the
records accurately at or near the time of the event that they record.

2. The records consist of both hard copy information and electronic information that
is generated, stored and maintained in accordance with generally accepted standards in the retail
and financial industries by individuals that possess the knowledge and training necessary to
ensure the accuracy and reliability of the records.

3. The business records furnished to Plaintiff show that Defendant opened a credit
card account with GE Money Bank (“Original Creditor”) bearing account number
XXXXXXXXXXXX1281 (the “Account”).‘N Y

4. The Exhibits attached to the Complaint and/or this Affidavit are true and accurate
copies, which were kept in the ordinary course of business and reflect Defendant’s obligation to

pay the Account.

5. The Defendant defaulted in his/her payments to the Original Creditor.

6. For good and valuable consideration, Plaintiff purchased the Account from the
Original Creditor or its assignee and Plaintiff is the current creditor of the Account.

7. All credits and payments have been properly applied, Defendant is not entitled to
any additional credits or offsets on the account of any kind, and the balance as set forth herein is
currently due and owing.

8. There is now due and payable from the Defendant the sum of $1,395.97, plus
interest, costs and reasonable attorney fees as permitted by law or contract.

9. To the best of Affiant’s knowledge and based upon information provided by the
Original Creditor and a search of the data banks of the Department of Defense Manpower Data
Center said Defendant is not in the active military service of the United States.

Further Affiant sayeth ant. 10 202

Dated this__ day of

CACH, LLC.” f

     
 

By:
Print Namet
Title: Authorized Agent and Custodian of Records

Subscribed and sworn to before me on this day of 20_.

   

Notary Public

| My commission expires:Department of Defense stanpover Beta Center

 

Last Name: BARNHILL
First Name: TOMECKIA
Middle Name:

Status Report
Pursuant to Servicemembers Civil Relief Act

Active Duty Status As Of: Dec-07-2012

Regus as of : Dec-07-2012 08 1457

SCRA23

 

*: OwAeive. Stiy On Ac va Day Stas Date.

 

 

 

 

 

 

 

 

 

 

‘Acive Duty Start Sate Aciivé Guy Bri Date Sistas
NA NA Ne. NA
“Ts response rotienis tba inasndhnia active ou status baged on tha Actva Diny Staive Date
‘belt Active uly Wibin: 367 Ouye ot Ative boty Sieive Cate
Acive Buty Sat Dele ‘Aaive Duy Fad Cia “ Sats _ Sepvice Goinponene
NA DEENA No. NA

 

 

 

“This rasoonse retlocte where tne Indiv dul lat active dfy ‘tars win 267: days preceding tha Aci

 

The Nipitber of Hia/ ar lind Was Noifiad of @ Future Call Up Wo Active Suty'on Active Diy Sian Ota:

 

 

Gide Nottication Start Date

“iger NoliiGaton Ere Dale

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‘Sirvige Conigonent

 

NA

 

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This cosponce rallects whether ing indviGual or higher unt he

 

iseived aany Revriggnén to rapert tor active duny

Upon searching the data banks of the Department of Defense Manpower Data Cantar, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard), This status includes information on a Servicemember or his/her unit receiving notification of future orders to raport for Active Duty.

Vin Va. trawl, Delon.

Mary M. Snavely-Dixon, Director

Department of Defanse - Manpower Data Center

4800 Mark Canter Drive, Suite 04625
Arlington, VA 22350

File #: 6019183078471281‘The Defense Manpower Data Center (DMDG) is an Yann of the Department af Defense (DoD) that mainta > Defense Enrollment and Eligibility
Reporting System {DEERS) database which is the official source of data an eligibility for military medical care and other eligibility systems

‘The DoD strongly supports the enforcement of the Servicemembers Civil Reliet Act (50 USC App. § 501 et aq, as amended) (SCRA) (formerly known as
the Soldiers’ and Sailors’ Civil Relief Act of 1940). DMDC has issued hundreds of thousands of “does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rata. In the event the individual referenced above, ar any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
“defenselink mi” UAL: httpy/www_detenselink milfaq/pis/PCOsSL DR. html, If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification, punitive provisions of the SCAA may be invoked against you. See 50 USC App. § 621 (c).

This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual lett Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his*her unit received early notification to report for active
duty on the Active Duty Status Date.

More information on “Active Duty Status"

Active duty status as reportedin this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In tha case of a member of the National Guard, this includas service under a call to active service
authorized by the President or the Secretary of Defense under 92 USC § 502¢f) for purposes of responding to a national emergency declared by the
Prasident and supported by Federal funds. All Active Guard Reserve (AGA) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TAR3), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Activa Duty status also applies to a Uniformed Service mamber who is an active duty commissioned officer of the U.S.
Public Health Sarvice or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).

Coverage Under the SCRA is Broader in Some Cases

Coverage under the SCRA is broader in some cases and includes some categories of parsons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections ave for Title 10 and Tita 14 active duty records for all the Uniformed Services periods.
Tile 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).

Many times orders ara amended to extend tha period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should chack to make sure the orders an which SCRA protections ara basad have not been amended to extand the inclusive datas of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually bagun active duty or actually reported for induction. The Last Date on Active Duty entry Is important because a number ot protactians of the SCRA
extend beyond the last dates of active duty.

‘Those who could rely on this certificate are urgad to seek qualified Jagat counsal to ensure that all rights guaranteed to Service members undar the SCRA
are protected

WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous intormation will causa an erroneous certificate to be provided.

Certificate ID: VJOSIFP2MI

File #: 6019183078471281‘y y

. * noe * ‘ Ef Gandboider Name: TOMECKIA BARNHILL
. CARECREDITIGEMS azuaigr Name TOREGA SAN
GE Monry Agcaunt Number: 6019 1830 7847 1205

‘Slwement Closing Date: 04122-2014

 

      

 

 

 

 

 

‘Summary of Account Activity: = Payment information: =
Prowcus Batorce Hew Balance $0.60
+ New Purchoaes ‘Total Minimum Paymont us $258.00
+ Payments Payment Dus Date arson
sh Credits, Poss 8 Adjustments (net) ‘£1.159.04- |] payMENT DUE BY 5 P.M, EASTERN ON THE DIE DATE.
Ye Inlereat Charge (net 30.0.1 vie nmy convert your payment inia on wecionic deta, See
New Beiance $0.00} | reverse sioe
creat ult $3,000.00
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i ‘Merium Payment Doe 2y the Payment Due Date énied bere,

Bays in Billing Period 23) Soumay novete poy aie te ypta ab aed our APR

. Pay online lor fies at WWww.gemoney.com may be increased io tha Penatty APR of up in 29.2004,
For GE Mangy customer serie oF 10 report ypur eat fost or
stolga, cal. 1-386-893-7804,
Dest trina tp cal are Wednesday -Frivay.

 

 

 

 

 

 

 

 

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_BYPROMDING YOUR BWAI ADDRESS. YOU AGREE TO RSCSVEEMATL COMMUNDCATION
RFSGOR FOROS TO PROD TOUR BUM, DEFER TO THE COVENT ERS ANTM DTRDALR ACEP ING OT RELAFFIDAVIT OF SALE
STATE OF: Minnesota
:SS
COUNTY OF: Ramsey

BEFORE ME, on the day and date set forth below, the undersigned Notary, being qualified and
commissioned in and for the county and state aforesaid, personally came and appeared William
G. Dunkel Jr. , who being duly sworn, did depose and say:

Affiant is a Collections Operations Representative at GE Capital Retail Bank, issuer of the
relevant consumer transaction/credit card. [have reviewed the information below regarding the
debt 6019183078471281 (the “Account”) made by TOMECKIA BARNHILL (the “Debtor")
made payable to GE Capital Retail Bank and subsequently sold to CACH, LLC.

The amount owed on the account on 5/20/2011, $1194.04 was sold to CACH, LLC and is
reflected in the system of GE Capital Retail Bank.

The following statement pertains if the debtor referenced above is a state of California resident: [

certify under the penalty of perjury under the laws of the state of California that the foregoing is
true and correct.

Executed this af day of I wth 2012

Wiliam’G. Dunkel Jr.
Collections Operations Representative

Sworn to and Subscribed before me this_Ag*™ day of Ls ch 2012

 

{ANTOINETTE MARIE MITCHELL Nowpey Public
sex Notary Publio Minnesota -
an A My commission expires: (ees B/S—y y

WELTMAN, WEINBERG & REIS Co., LPA

ATTORNEYS AT LAW

Over 80 Years of Service.

 

Brooklyn Hts_ 216 739 5100 Andrew C. Voorhees Detroit 248 362 6100
Chicago 312 782 9676 Attorney Ft. Lauderdale 954 74v 5200

7: Gi City 614 801 2600
Cincinnall 513 723 200 323 W, Lakeside Avenue, Suite 200 Cleveland, OH 44113 Philadelphia sis 5 91500
Cleveland 216 685 1000 216 685 1050 phone | 216 363 4033 fax

Columbus 614 228 7272 avoothees@weltman com Pittsburgh 412 434 7955
weltman.com

April 10, 2013

Marie L. Moore, Esq.
128 W. Water Street
Orrville, OH 44667

Re: CACH, LLC. vs. Tomeckia Barnhill
Wayne County Common Pleas Court, Case No. 13 CV 0117
Account No. XXXXNXXXXXXX1281
Our File No. 9570282

Dear Ms. Moore:

Enclosed please find an original and a copy of Plaintiffs First Set of Combined
Interrogatories, Requests for Admissions and Requests for Production of Documents, which is
being propounded upon your client, Tomeckia Barnhill. Please have your client complete and
return to this office on or before May 10, 2013.

Should you have any questions, please feel free to contact me personally.

Thank you for your attention to this matter.

Sincerely yours,

Andrew C. Voorhees

ACV /jsi
EnclosuresWWR#9570282

IN THE COMMON PLEAS COURT
WAYNE COUNTY, OHIO

CACH, LLC. CASE NO. 13 CV 0117

Plaintiff, JUDGE
vs.
COMBINED INTERROGATORIES,
REQUESTS FOR PRODUCTION OF
DOCUMENTS AND REQUESTS FOR
ADMISSIONS

TOMECKIA BARNHILL

Defendant.

we ee

To: Tomeckia Barnhill, Defendant, by and through counsel, Marie L. Moore, Esq..

Pursuant to Rules 33, 34 and 36 of the Ohio Rules of Civil Procedure, you are to answer
and respond to the attached Requests for Admissions, Interrogatories and Requests for
Production of Documents separately, fully, and in writing. You should deliver a true copy of

your answers and responses to the undersigned attorney by the deadlines stated below.

INSTRUCTIONS REGARDING REQUESTS FOR ADMISSIONS

Pursuant to Rule 36 of the Ohio Rules of Civil Procedure, you are requested to admit the
truth of each of the matters stated below and to admit the genuineness of each of the documents
attached as exhibits hereto.

You are to respond to each of the following requests in writing and under oath within
twenty — eight (28) days after service, by delivering or causing to be delivered to the undersigned

attomey a statement admitting or denying specifically, in good faith, each matter of which an. %

admission is requested, or stating in detail the reason(s) you cannot truthfully admit or deny the
matter.

Please note that if after you submit your responses to these requests for admissions, you
learn that any such response was either incomplete when made, or, although complete and
correct when made, is no longer complete and correct, you must amend or supplement your
response reasonably promptly after you discover the necessity for such an amendment or
supplementation. Plaintiff will object at trial or any hearing to your use or attempted use of any
evidence that is inconsistent with matters that you have admitted or that you have failed to deny

on a timely basis.

INSTRUCTIONS REGARDING INTERROGATORIES

Pursuant to Rule 33 of the Ohio Rules of Civil Procedure, you are to answer the attached
interrogatories separately, fully, in writing, and under oath. You should deliver a true copy of
your answers to the undersigned attorney within twenty — eight (28) days after the date of service
of these interrogatories. To the extent that may be required by the applicable rules of procedure
and evidence you are hereby notified that Plaintiff intends to use any and all answers to the
attached interrogatories as evidence at trial or any other hearing in this case.

Please note that if after you submit your responses to these interrogatories, you learn that
any such response was either incomplete when made, or, although complete and correct when
made, is no longer complete and correct, you must amend or supplement your response
reasonably promptly after you discover the necessity for such an amendment or supplementation.
Any amended or supplemental response made less than thirty days before trial will be presumed

not to have been made reasonably promptly. A failure to make, amend, or supplement a responsey y

in a timely manner may result in your not being able to introduce into evidence the material or

information not timely disclosed.

INSTRUCTIONS REGARDING REQUESTS FOR PRODUCTION

As to each Request for Production set forth below, the requested items are to be produced
and delivered to the undersigned attorney at the Offices of Weltman, Weinberg & Reis Co.,
L.P.A., 323 Lakeside Avenue, Suite 200, Cleveland, Ohio, 44113, for inspecting, copying or
photographing pursuant to Rule 34 of the Ohio Rules of Civil Procedure. These requests apply to
all described documents and tangible things over which Defendant has possession, custody, or
control, and production is to be made within twenty — eight (28) days after the date of service of
these requests. All original documents produced and identified as such shall be returned to
Defendant within thirty days following receipt thereof. In connection with these requests you are
instructed that the phrase “possession, custody or control” has the meaning set forth in the
Definitions section below.

Privileged Documents: If you withhold any documents based upon a claim of privilege
you are to provide a log of such documents, listing them by date, title (or description if untitled),
author, and the specific privilege asserted.

Lost, Discarded or Destroyed Documents: If any document requested herein has been
lost, discarded, or destroyed, please identify such document by providing the following

information in your response:

1. Description of document.
2. Date of disposal or loss.
3. Manner of loss.6.

7.

Reason for disposal or explanation of loss.
Person authorizing disposal.
Persons having knowledge of disposal or loss.

Person disposing of document.

Authentication and Use at Hearings and Trial: You are hereby notified that all

documents produced in response to this request will be used in any pretrial proceeding and at

trial.

Respectfully Submitted,

ANDREW C. VOORHEES #0077955
Attomey for Plaintiff

Weltman, Weinberg & Reis Co., L.P.A.
323 West Lakeside Avenue, Suite 200
Cleveland, Ohio, 44113

Phone: (216) 685-1050

Facsimile: (216) 363-4033

E-Mail: avoorhees@weltman.comDEFINITIONS
“Issuer” refers to GE Money Bank.
“Account” or “the Account” refers to Account Number
XXXXXXXXXXXXX1281 with GE Money Bank.
“Card” or “the Card” refers to the credit card that was issued on the Account.

“Defendant,” “you,” “your,” or “yours” refers to Tomeckia Barnhill.
“Plaintiff” refers to CACV of Colorado, LLC/CACH. LLC and encompasses any

person, employee, or other entity authorized to act on Plaintiff's behalf.

“Identify”, as used herein with regard to a person, shall mean to provide the
following: (1) the person’s full name; (2) any other names the person uses or has
used in the past; (3) the person’s residential address and telephone number; (4) the
person’s business address(es) and telephone number(s); (5) the person’s employer
and job title; (6) if the person is a former employee of Defendant, the person’s last
job title while so employed, and the date of termination; and (7) if the person is
not an employee of Defendant but has some other connection with Defendant, for
example, agent, independent contractor, officer, director, or customer, the
person’s connection with Defendant.

“Identify”, as used herein with regard to documents or tangible things, shall mean
to describe such documents or tangible things by title, present location, usual
location, custodian, and contents.

The word “document” is used herein in its broadest sense to include any medium

upon or with which information is recorded or preserved which belongs to, or is

tn~ ~Y

in or subject to the possession, custody or control of Defendant or Defendant's
attomeys, agents, employees, trustees, representatives, professional accountants,
and any attomeys with whom you may claim the right of joint defense privileges
or special relationships, by whomever generated or received, including without
limitation: writings, printings; drawings: graphs; charts, notes, typewriting;
photographs, slides; motion pictures; videotapes or cassettes; phonograph records;
tape or other mechanical recordings; ledgers; books; statements of accounts;
journals; notices; letters; catalogs; canceled checks; bank statements; invoices,
bills; diaries, purchase orders; memoranda of telephone communications;
telegrams: telexes or “TWX's”; telecopies; drafts or preliminary versions of the
foregoing; communications to or from any governmental or law enforcement
subdivision, officer, or agency; and any other instrument, writing, recording, or
data compilation of any nature whatsoever, including any carbon, photographic,
microtilm or other type of copy of such items, whether or not such copy is
different from the original by reason of any markings, additions, commentaries,
revisions, deletions, or substitutions.

“Communication” shall include, but is not limited to, any oral communications,
correspondence, memoranda, reports, records and/or recordings of telephone calls
and reports of meetings.

“Person” means an individual, corporation, trust, partnership, incorporated or
unincorporated association, or any other legal entity.

“Credit bureau” means any person who, for compensation, gathers, records, and

disseminates information relative to the creditworthiness, financial responsibility,~y ~y

paying habits, and other similar information regarding any person, for the purpose
of furnishing consumer reports to third parties.

L. “Chargeoff date” means April 22, 2011.

M. “Possession, custody or control” when used in reference to documents or other
tangible things includes, without limitation, documents or things in your personal
possession, custody or control, documents or things in the possession, custody or
control of your attorneys or any other agents of yours, and documents or things
which you could obtain, or copies of which you could obtain by reasonable good
faith effort. Possession, custody or control includes constructive possession such
that the person need not have actual physical possession. As long as Defendant
has a superior right to compel the production from a third party (including an
agency, authority or representative), Defendant has possession, custody or

control.

COMBINED INTERROGATORIES, REQUESTS FOR ADMISSIONS AND
REQUESTS FOR PRODUCTION OF DOCUMENTS

Interrogatory No.1: Identify all persons who participated in the preparation of the answers to
these interrogatories.

Answer:

Request for Admission No. 1: Admit that Defendant is a resident of the county in which this
suit was filed.

Answer:> ~y

Request for Admission No. 2: Admit that Defendant signed the original application for the

 

Card in the county in which this suit was filed.

Answer:

Request for Admission No. 3: Admit that Defendant used the Card to make purchases or obtain
extensions of credit in the county in which this suit was filed.

Answer:

Interrogatory No. 2: If you contend or believe that venue of this action is not proper in the
county in which this suit was filed, state the factual basis of any such contention or belief.
Answer:

Request for Admission No. 4: Admit Defendant applied to Issuer for issuance of the Card.
Answer:

Request for Admission No. 5: Admit the Card was issued to Defendant.

Answer:

Request for Admission No. 6; Admit Defendant received the Card.

Answer:

Request for Admission No. 7: Admit Defendant accepted the Card.

Interrogatory No. 3: If Defendant denies having received the Card, identify any persons whom
Defendant believes may have received the Card.

Answer:~y ~

Request for Production of Documents No. 1: If Defendant denies having received the Card,

 

please produce all correspondence between Issuer and Defendant.

Answer:

Request for Production of Documents No. 2: If Defendant denies having received the Card,
please produce Defendant’s checking account records for the period from April 1, 2010 through
May 1, 2011.

Answer:

Request for Admission No. 8: Admit Defendant signed the back of the Card.

Answer:

Request for Admission No, 9: Admit Defendant used the Card to make purchases.

Answer:

Request for Admission No. 10: Admit Defendant used the Card to obtain extensions of credit.
Answer:

Interrogatory No. 4: If Defendant denies having used the Card, identify any persons whom
Defendant believes may have used the Card and state whether each such person was authorized
by Defendant to use the Card.

Answer:

Request for Admission No. 11; Admit Issuer made cash advances to Defendant, either as
actual cash or in payment for purchases Defendant made from third parties by using the Card.
Answer:

Request for Admission No. 12: Admit Defendant accepted each such advance on the Account.vy ~y

Request for Admission No. 13: Admit that by accepting each such advance under the terms of

 

the agreement applicable to the Account, Defendant became bound to pay the amounts of such
advances, plus any additional charges provided for in such agreement.

Answer:

Interrogatory No. 5: If Defendant denies having accepted each advance on the Card, identify
each advance or charge on the Card that Defendant disputes.

Answer:

Request _for Admission No. 14: Admit that, until at least the chargeoff date, Issuer sent to
Defendant ona monthly basis a statement of charges and balance due on the Account.

Answer:

Request for Production of Documents No. 3: Please produce all billing statements from Issuer
to Defendant.

Answer:

Interrogatory No. 6: If Defendant has refused to admit Request for Admission No. 14, state the
factual basis of any such refusal to admit.

Answer:

Request for Admission No. 15: Admit Defendant did not, within sixty (60) days of the date of
any billing statement on the Account, send to Issuer a written dispute of the billing statement.

Answer:

Request for Production of Documents No. 4: Please produce true copies all correspondence
from Defendant to Issuer disputing any billing statement on the Account, together with proof of
sending and receipt of such correspondence.

Answer:

10“y Yy

Request for Admission No. 16: Admit Defendant has failed to repay all of the advances made

 

by Issuer on the Account.

Request for Production of Documents No. 5: If Defendant has refused to admit Request for
Admission No. 16, produce true copies of all payments made on the Account.

Answer:

Request for Admission No. 17: The balance due, owing, and unpaid on the Account, afler
allowing all just and lawful payments, credits and offsets, was $1,395.97 as of April 22, 2011.
Answer:

Interrogatory No. 7: If Defendant has refused to admit Request for Admission No. 17, state the
balance that Defendant believes to have been due on the Account as of April 22, 2011 and
explain how such balance was calculated.

Request for Admission No, 18: Admit Defendant has made no payments on the Account since
April 22, 2011.

Answer:

Interrogatory No. 8: If Defendant has refused to admit Request for Admission No. 18, state the
date and amount of each payment that Defendant has made on the Account since April 22, 2011.
Answer:

Request for Production_of Documents No, 6: If you have refused to admit Request for
Admission No. 18, produce true copies of all documents on which you base your refusal to
admit.

Answer:+ y

Request for Admission No. 19: Admit that at least forty-five (45) days prior to the date on

 

which Defendant was served with the Original Complaint in this case, Defendant received a
letter from Plaintiff's attorneys requesting payment of the Account.

Answer:

Request for Admission No. 20: Admit that on May 27, 2011, the Account was sold to Plaintiff.
Answer:

Request for Admission No. 21: Admit that on May 27, 2011, the Account was assigned to
Plaintiff.

Answer:

Request for Admission No. 22: Admit Plaintiff is presently the owner of the Account.

Answer:

Interrogatory No. 9: If you have refused to admit Request for Admission No. 22, state the facts
on which you base your refusal to admit.

Answer:

Request for Admission No, 23: Admit Defendant is indebted to Plaintiff for the amounts
asserted in Plaintiff's Original Complaint in this case.

Answer:

Interrogatory No. 10: If you have refused to admit Request for Admission No. 23, state the
facts on which you base your refusal to admit.

Answer:y ~

Request for Production of Documents No. 7: If you have refused to admit Request for
Admission No. 23, produce true copies of all documents on which you base your refusal to
admit.

Answer:

Interrogatory No. 11: If Defendant contends or believes that the debt that is the subject of this
suit is the obligation of any person or entity other than Defendant, identify such other persons or
entities and state the facts on which that contention or belief is based.

Answer:

Request for Production of Documents No. 8: If Defendant contends or believes that the debt
that is the subject of this suit is the obligation of any person or entity other than Defendant,
please produce the documents on which any such contention or belief is based.

Answer:

Request_for Admission No. 24: Admit Defendant is not entitled to any setoff for sums
unconnected with payments that have been made by or on behalf of Defendant.

Answer:

Interrogatory No. 12: If you have refused to admit Request for Admission No. 24, state the
facts on which you base your refusal to admit.

Answer:

Request for Production of Documents No.9: If you have refused to admit Request for

Admission No. 24, produce true copies of all documents on which you base any assertion of a

setoff.
Answer:

Interrogatory No. 13: Identify all persons whom you may call as witnesses at Trial.Answer:

Interrogatory No. 14: Identify all persons whom you may call as expert witnesses at trial and
state the subject matter of each such person’s anticipated testimony and the opinions of each
such person conceming the subject matter of this litigation.

Answer:

Request for Production of Documents No. 10: With regard to each expert identified in

response to Interrogatory No. 13, please produce:

a. the expert’s resume or curriculum vitae;

b. all non-privileged notes pertaining to the expert’s opinions in this action;

c. any reports prepared by such expert;

d. all documents and materials reviewed or relied upon by such expert in preparing

the report; and
e. all correspondence between you or your attorneys and each such expert.
Answer:
Interrogatory No. 15: Identify all persons whose mental impressions or opinions have been

reviewed by any person whom you may call as an expert witness at trial.

Answer:

Request for Production of Documents No. 11: With regard to each person identified in

response to Interrogatory No. 14, please produce:
a. the person’s resume or curriculum vitae;

vb. all notes of such person that were reviewed by any expert identified in response to

Interrogatory No. 13;

14~y ~y

c. any reports prepared by such person that were reviewed by any expert identified
in response to Interrogatory No. 13;
d. ail documents and materials reviewed or relied upon by such person in preparing
any such report; and
e. ail correspondence between you or your attorneys and each such expert.
Answer:
Request for Production of Documents No. 12: Please produce all correspondence between
Plaintiff (or any of its attorneys) and Defendant (or any of Defendant’s attorneys).
Answer:
Request for Production of Documents No. 13: Please produce all correspondence between
Issuer and Defendant.
Answer:
Request for Production of Documents No. 14: Please produce all statements of Plaintiff or
any of its attorneys.
Answer:
Request for Production of Documents No. 15: Please produce all witness statements
pertaining to this litigation.
Answer:
Interrogatory No. 16: If you are disputing only a portion of the Account please identify which

portions of the Account are disputed and which are not and state the reasons for any such
disputes.

Answer:~ ~Y

Request for Admission No. 25: Admit each of the charges comprising the Account was

 

reasonable.

Answer:

Interrogatory No. 17: If you have refused to admit Request for Admission No. 25 then, with
regard to each charge comprising the Account which you contend or believe to be unreasonable,
state the facts on which you base your refusal to admit.

Answer:

Request for Production of Documents No. 16: If you have refused to admit Request for
Admission No. 25, produce true copies of all documents on which you base any assertion of a
setoff.

Answer:

Respectfully Submitted,

ANDREW C. VOORHEES #0077955
Attomey for Plaintiff

Weltman, Weinberg & Reis Co., L.P.A.
323 West Lakeside Avenue, Suite 200
Cleveland, Ohio, 44113

Phone: (216) 685-1050

Facsimile: (216) 363-4033

E-Mail: avoorhees@weltman.com

16> ~y

CERTIFICATE OF SERVICE
A true and accurate copy of the foregoing Combined Interrogatories, Requests for
Production of Documents and Requests for Admissions was sent to the following party via first
class U.S. Mail, postage prepaid, this day of April 2013.

Marie L. Moore, Esq.
128 W. Water St.
Orrville, OH 44667

Respectfully Submitted,

ANDREW C. VOORHEES #0077955
Attorney for Plaintiff

Weltman, Weinberg & Reis Co., L.P.A.
323 West Lakeside Avenue, Suite 200
Cleveland, Ohio, 44113

Phone: (216) 685-1050

Facsimile: (216) 363-4033

E-Mail: avoorhees@weltman.com

This law firm is a debt collector attempting to collect a debt for our client and any information
obtained will be used for that purpose.y Yy

FIRE
WWR # 9570282 otey
$7 eg,
IN THE COURT OF COMMON PLEAS” 27 i 9:04
WAYNE COUNTY, OHIO bine Ab
CLERK OF COURTS
CACH, LLC ) CASE NO. 13 CV 0117
Plaintiff, ) JUDGE SPITLER
)
vs. )
)
TOMECKIA BARNHILL ) JOURNAL ENTRY
)
Defendant. )
This case came on _ for consideration this Pt fi day of

Septet low » 2013 upon the Plaintiff's Motion for Summary Judgment.

The Court finds said Motion to be well taken, and it is therefore granted.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that Plaintiff is granted
Judgment in its favor and against Defendant, Tomeckia Barnhill, in the principal amount of
$1,395.97, plus interest at the statutory rate per annum from the date of Judgment and court costs

as prayed for in the Complaint. There is no just cause for delay.

Win ore
Submitted By: f- INDGE SPITHER “>

WELTMAN, WEINBERG ¢ REJ9CO., L.P.A.
i teu

   

é * Kat ea”
ANDREW C. VOORH #0077985
Attorney for Pldintiff
Lakeside Place, Suite 200
323 Lakeside Avenue, West
Cleveland, OH 44113 ves coe

Telephone: (216) 685-1050
Facsimile: (216) 363-4033
Email: avoorhees@weltman.com