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Home My WebLink About08-1570i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. No. U$ - 1570 Div, i -r," COMPLAINT IN CIVIL ACTION KATHLEEN R YEAGER D/B/A BUSH FOOD SALES INC Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. 442524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06015409 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. KATHLEEN R YEAGER D/B/A BUSH FOOD SALES INC Defendant Civil Action No. 0,F- /s 70 dz e: l -7.? , 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 CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices in 6851 JERICHO TURNPIKE # 190 SYOSSET, NY 11791. 2. Defendant, KATHLEEN R YEAGER, is an adult individual engaged in business as BUSH FOOD SALES INC with a last known address of 3107 HARVARD AVE CAMP HILL,PA 17411. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXX3087. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of FEBRUARY 29, 2008, in the amount of $2,419.48. A true and correct copy of Plaintiffs Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is 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 25.90% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant, KATHLEEN R YEAGE D/B/A BUSH FOOD SALES INC individually, in the amount of $2,419.48 with continuing finance charges thereon at the rate of 25.90% per annum from FEBRUARY 29, 2008 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. James C PA I.D. WELT 1400 o 436 ev( Pitt burg (4 2) 4X , brodt, Esquire ,N WEINBERG & REIS CO., L.P.A. )e s Building Avenue PA 15219 7955 :06015409 016 Save time ... Give employees access to your account) BUSH FOOD SALES INC Account #: 4791242156623087 Give your employees access to your account so they can make payments, purchases and more. Simply fill out the back of this form and return it with your monthly payment. Be sure to designate each employee's level of access. VACCOUNT OWNER Has all the rights and authority over the account. The primary account owner can designate others to have owner level access. VACCOUNT MANAGER Can access account information and make payments over the phone or Internet. Cannot change terms (APR, credit limit) or add employees to the account. Must also be an Authorized User to receive own card. VAUTHORIZED USER Can make purchases on the account. 11011-- - VISA ACCOUNT 5001 _eml'm? • 4791-2421-5662-3087 SEP 12 - OCT 11, 2004 Page 1 of 1 Account Summary Rewards Summary Previous Balance $1,239.69 Payments, Credits and Adjustments Previous Mileage Balance: ,818 1 1.00 Transactions $35 00 Miles this period. 0 . Finance Charges $26 66 Miles due to expire Ol/Ol/OS: 0 Redemptions: 0 New Balance $1 301.35 Ending Mileage Balance: 1 818 , Minimum Amount Due $1 301 35 3 1 35 , , . Payment Due Date November 1, , 2004 . The mileage information reported here may not reflect all purchases on this statement or t Total Credit Line recen redemptions. For No Hassle Rewards questions or to redeem miles, please call the No Hassle Rewards center at 1-877497-F316 $800 Total Available Credit . $ 00 Credit Line for Cash $800 Available Credit for Cash S.00 Payments, Credits and Adjustments At your service Transactions To ell Cunomer Rdations or to report a lost or stolen card: 1-800-867 09 1 11 OCT PAST DUE FEE - 04 $35.00 Vhit www.capitdone.com today to manage your a«ount onli "Important Notice- Your account has recently been at least one day past due twice within three months or was one Billing Period ast d A d ne and recdve valuahie offer:. p ue. s isclosed in the insert you received with your original offer letter, your APRs and Annual Membership Fee (AMF) could be i d Send Payment to: Send inquiries to: ncrease as a result. However, we have elected not to raise your APRs or AMF at this time. To kee our i Arm: Remittance P-.ing p y account n good standi ng, please make all minimum payments on time and avoid exceeding your credit limit Capital One Service Capital One services P.O. Box 85184 P O B 85o15 You were assessed a past due fee of $35.00 on 10/11/2004 because our i i . . ox Richmond, VA 23285-5184 Ridunond, VA 23285-5015 y m n mum payment was not received the due daze of 10/11/2004. To for avoid this fee in the future, we recommend that you s s for allow at least 7 business da y y your ur payment to reach Capital One. I mportant AccountInfomtation EXHIBIT Want to make a difference this November? VOTE! Y our vote is important, so get out there on November 2. Only you can ( r make sure your voice is heard. Every vote counts! Finance Charges Pkme ru reoeue.ride, for important information Bale enact P"& c-S., a ICE fplirdto ate GE _ CASHES S1,252.53 .07096% 25.90% 526 66 . 5.00 .07096% 25.90% $.00 ANNUAL PERCENTAGE RATE applied this period 25.9096 ?•p?? ?1._ ? PLEASE RETURN PORTION BELOW WITH PAYMENT V ?'.?s?,.? a 0000000 7 4791242156623087 11 1301350207981301350 New Balance $1.301.35 P&arrpren, awning adb-andior r-maitd?gu Mi rasing bl or hLrk ari Minimum Amount Due $1301.35 Paymem Due Daze sear November 11, 2004 Apr :e Total enclosed $ City Srm ZIP AceountNumber. 4791-2421-5662-3087 Home phone Atrernare Phone #9028673299768492# MAIL ID NUMBER Capital One, F.S.B. BUSH FOOD SALES INC P.O. Box 85184 KATHLEEN R MEAGER ?dnln?lnnl?dln? Richmond, VA 23285-5184 504 GRANT DR CAMP HILL PA 17011-1264 ?u?r?n??nrlrl?n?u?rln?t?tnt???tt?rt?tt??rt?u?o???utl° earn ?nr???nt??lnun??ur?lut??u?s?r?lnr?nl?lun?u?u??s? Pk-are fell --4,c r Aurlwrizarion Form on re n e r Please -deyottr account number em year check or money order "*payable to Capital One, F.S.B. and mail in the enclaied envelope. E 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 , (NAME) authorized agent of Capital One Bank, plaintiff herein, that 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. a (SIGNATU ) WWR# , O V W 00 T1 v1 c- r" Q" l JF? ?' AI CLA March 31, 2008 James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 RE: Capital One Bank, Plaintiff Vs. Kathleen R. Yeager D/B/A Bush Food Sales, Inc., Defendant No. 08 -1570 Complaint in Civil Action A 5W4-4 coAyaht--K C/- Dear James C. Warmbrodt, Esquire: I am in receipt of the complaint and below is my response. Please be advised that Bush Food Sales, Inc. ceased doing business June 30, 2006. Regarding the Capital One Bank complaint, I will need to have proof of debt and signed receipts pertaining to the credit card account in question which is stated on the complaint as account #4791-2421-5662-3087. 1 will also need proof of fees, etc. since the bill listed on the complaint dated September to October 11, 2004. Thank you. Regards, Kathleen R. Bush-Y er l ? ?. ?iT` '..? ?- .. ? ? --rte ?. rr? ?? ?. ..? ....? SHERIFF'S RETURN - REGULAR CASE NO: 2008-01570 P COMMONWEALTH OF' PENNSYLVANIA: COUNTY OF CUMBERLAND CAPAITAL ONE BANK VS YEAGER KATHLEEN R D/B/A BUSH MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland Courity,Pennsylvania, who being duly sworn according to law, says, the with--n COMPLAINT & NOTICE was served upon YEAGER KATHLEEN R D/B/A BUSH FOOD SALES INC the DEFENDANT , at 1605:00 HOURS, on the 19th day of March , 2008 at 3107 HARVARD AVENUE CAMP HILL, PA 17011 by handing to ADULT IN CHARGE 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 Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 13.0 0 10.00 R. Thomas Kline .00 41.44 03/20/2008 WELTMAN WEINBERG REIS By. day Deputy Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, vs. Case No.: 08-1570 MOTION FOR SUMMARY JUDGMENT KATHLEEN R YEAGER DB/A BUSH FOOD SALES INC, Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler, Esquire Pa. I.D.# 93598 Weltman, Weinberg & Reis, Co. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6015409 L., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, vs. Case No.: 08-1570 MOTION FOR SUMMARY JUDGMENT KATHLEEN R YEAGER DB/A BUSH FOOD SALES INC, Defendant. MOTION FOR SUMMARY JUDGMENT AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Motion for Summary Judgment against the Defendant. In support thereof, Plaintiff avers as follows: 1. Plaintiff filed a Complaint against Defendant seeking judgment in the amount of $2,419.48 with interest at the interest rate of 25.9% per annum from February 29 2008, and costs. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. Attached to the Complaint was Verification from an authorized representative of Plaintiff verifying the accuracy of the amount sought. See Exhibit "A". 3. Defendant filed an Answer to Plaintiffs Complaint. A true and correct copy of the Answer is attached hereto as Exhibit "B" and made a part hereof. 4. On or around December 22 2008, Plaintiff served upon Defendant a set of requests for admissions and requests for production of documents. A true and correct copy of the same is attached hereto as Exhibit "C" and made a part hereof. 5. No response to the discovery demands has been received from the Defendant. 6. The requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 4014(b). Thus Defendant has admitted that she applied for and received the credit card issued by Plaintiff, she used the credit card issued by Capital One Bank to purchase goods, materials and WWR No. 6015409 services; that the credit card is subject to finance charges of 25.9% per annum on the unpaid balance; she has failed to make any payments to Plaintiff on credit card; Defendant has not submitted any dispute to any accounting inaccuracy concerning the amount owed to Plaintiff, and that $2,419.48 is the correct and accurate balance due on the credit card account . 7. By way of her Answer, the documents attached to this Motion, and the Requests for Admissions, deemed admitted under Pa.R.C.P. 4014(b), the Defendant has admitted all facts material to this matter and verified the amount owed. There are no meritorious defenses against this action and Plaintiff is entitled to summary judgment as a matter of Law against defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant summary judgment in favor of Plaintiff and against Defendant for $2,419.48 with interest at the legal interest rate of 25.9% per annum from February 29 2008, and costs. Respectfully Submitted: By: Benjamin ler, Esquire Pa. I.D.# 9 Weltman, Weinberg & Reis, Co. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6015409 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. KATHLEEN R YEAGER D/B/A BUSH FOOD SALES INC Defendant No. COMPLAINT IN CIVIL ACTION 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#06015409 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. KATHLEEN R YEAGER D/B/A BUSH FOOD SALES INC Defendant 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 CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices in 6851 JERICHO TURNPIKE # 190 SYOSSET, NY 11791. 2. Defendant, KATHLEEN R YEAGER, is an adult individual engaged in business as BUSH FOOD SALES INC with a last known address of 3107 HARVARD AVE CAMP HILL,PA 17011. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXX3087. 4. Defendant made use of said credit card. and has currently a balance due and owing to Plaintiff, as of FEBRUARY 29, 2008, in the amount of $2,419.48. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is 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 25.90% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff prays for Judgment in its favor and against Defendant, KATHLEEN R YEAGE D/B/A BUSH FOOD SALES INC individually, in the amount of $2,419.48 with continuing finance charges thereon at the rate of 25.90% per annum from FEBRUARY 29, 2008 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. James C brodt, Esquire PA I.D. 42 4 WY2) N WEINBERG & REIS CO., L.P.A. 14oppe s Building 43en Avenue Pi, PA 15219 (4 4-7955 #:06015409 016 Save time ...Give employees access to your account! BUSH FOOD SALES INC Account #: 4791242156623087 Give your employees access to your account so they can make payments, purchases and more. Simply fill out the back of this form and retum it with your monthly payment Be sure to designate each employee's level of access. L?IACCOUNT OWNER Has all the rights and authority over the account. The primary account owner can designate others to have owner level access. VACCOUNT MANAGER Can access account information and makeRaYments over the phone or Internet. Cannot change terms (APR, credit limit) or add employees to the account Must also be an Authorized User to receive own card. VAUTHORIZED USER Can make purchases on the account. N Pleare fill art Areor Awboriurio. Form on Capit4arl ow" VISA ACCOUNT Small Business Services 4791-2421-5662-3087 Account Summ Previous Balance $1,239.69 Payments, Credits and Adjustments $.Do TransamoIts L35.D0 Finance Charges $26.66 New Balance $1,30135 Minimum Amount Due $1,301.35 Payment Due Date November 11, 2004 Total Credit Line $800 Total Available Credit $.00 Credit Line for Cash $8D0 Available Credit for Cash $.00 At your service To -U Crrt.rne R.1.6o.r or to ftp?nt .1o t or roam e. d 1-800-867-0904 Visit wwm.eapitabnecom today to manage your .reount on5ne and r-6- v.k.U. offers. Send Paymenb to: Send inquiries to: Atbu Rwdttanm Pr.ces.ing C.pit.l One Service C.PM One Services P.O. Box 85184 P.O. Box 85015 Richmond, VA 23285-5184 Ri&toood, VA 23285-5015 Lxrportant Account Information Want to make is difference this November? VOTE! Your vote is important, so get out there on November 2. Only you can make sure your voice is hard. Every vote counuf Rewards SEP 12 - OCT 11, 2004 Page 1 of 1 Previous Mileage Balance: 1,818 Miles this Period: 0 Miles due to expire 01/01/05: 0 Redemptions 0 Ending Mileage Balance: 1,818 The mileage information reported here may not reflect all purchases on this statement or recent redemptions. For No Hassle Rewards questions or to redeem miles, please call the No Hassle Rewards center at 1.877497-8316. Payments, Credits and Adjustments Transactions 1 11 OCT PAST DUE FEE $35.00 "Important Notice" Your account has recently been at least one day past due twice within three months or was one Billing Period past due. As disclosed in the insert you received with your original offer letter, your APRs and Annual Membership Fee (AMF) could be increased as a result. However, we have dected not to raise your APRs or AMF at this time. To keep your account in good standing, please make all minimum payments on time and avoid exceeding your credit ]'unit You were assessed a past due fee of $35.00 on 10/11/2004 because your minimum payment was not received by the due date of 10/31/2004. To avoid this fee in the fume, we recommend that you allow at least 7 business days for your payment to mach Capital One. EXHIBIT FlnarxeCharges Pl-ercr? ee i r d e fo rimportant atian in/arrm , r s p on d r?r Pni.dr r ? ?l ISE .fPR l:t1A PURCHASES fIXZ53 .07096% 25.90% $26.66 CASH s.00 .07096% 25.9096 s.00 ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RETURN PORTION BELOW WTTH PAYMENT c'apualcw 0000000 7 4791242156623087 11 1301350207981301350 Plmrprw-hag add mrdrore- ilrh-S. k1 ring A. or hlaE i.i New Balance $1,30135 Minimum Amount Due $1,30135 screen Apt. t Payment Due Date November 11, 2004 Gry Smsse ZIP Total enclosed $ H- ph.. Am-.- Plane Account Number. 4791-2421-5662-3087 F.md Address #9028673299768492# MAIL ID NUMBER Capital One F S B BUSH FOOD SALES INC . KATHLEEN R YEAGER , . . . P.O. Box 85184 ?tlulullunlln??n? a 504 GRANT DR Richmond, VA 23285- 5184 ° CAMP HILL PA 17011-1264 11111111 111111iIII gill llllllll lllil llllhl If. I111111111 1111111 Flare write your aaoant mamba an your cheek or money order madepayab1e to Capital One, F. S.A and mail in the endwed envelope 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. (NAME) authorized agent of Capital One Bank, plaintiff herein, that 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. I An R1,14 ^ (SIGNATU } WWR# March 31, 2008 James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG 8t REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 RE: Capital One Bank, Plaintiff Vs. Kathleen R. Yeager DB/A Bush Food Sales, Inc., Defendant No. 08 -1570 Complaint in Civil Action Dear James C. Warmbrodt, Esquire: I am in receipt of the complaint and below is my response. Please be advised that Bush Food Sales, Inc. ceased doing business June 30, 2006. Regarding the Capital One Bank complaint, I will need to have proof of debt and signed receipts pertaining to the credit card account in question which is stated on the complaint as account #4791-2421-5662-3087. I will also need proof of fees, etc. since the bill listed on the complaint dated September to October 11, 2004. Thank you. Regards, Kathleen R. Bush-Y er o ?o%B„ AT 7 _:. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CAPITAL ONE BANK, Plaintiff, V. NO.: 08-1570 KATHLEEN R YEAGER D/B/A BUSH FOOD SALES INC, Defendant PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS Submitted by: Matthew D. Urban, Esquire PA I.D. 90963 Weltman, Weinberg & ReisCo., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ? s ?•:a k? w ,? tea' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CAPITAL ONE BANK, Plaintiff, V. CASE NO: 08-1570 KATHLEEN R YEAGER D/B/A BUSH FOOD SALES INC, Defendant. PLAINTIFF'S REQUEST FOR ADMISSIONS Plaintiff demands that defendant answers and respond to the following Request for Admissions pursuant to Pa. Rules of Civil Procedure 4014. You are requested to 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 requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. 7. In these Requests for Admissions: 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 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) identify each and every person(s) participating in such an act; (3) identify 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 person(s) presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 9. 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. 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. 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. 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. 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. REQUEST FOR PRODUCTION OF DOCUMENTS 1: Produce any and all documents evidencing proof of all payments on the subject credit card referenced in the Complaint, including, but not limited to, cancelled checks, Receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REQUEST FOR PRODUCTION OF DOCUMENTS 2: Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial. REQUEST FOR ADMISSION NO. 1: Defendant applied for and received a credit card issued by Capital One Bank bearing account number 4791242156623087. Admitted Denied If the answer to Request for Admissions No. 1 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 2: Attached hereto as Exhibit "A" is a true and correct copy of the credit card application for the subject credit card account no. 4791242156623087. Admitted Denied If the answer to Request for Admissions No. 2 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 3: The attached application states that the authorizing signatures are binding themselves & the company to the terms & conditions of the credit card. Admitted Denied If the answer to Request for Admissions No. 3 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 4: Defendant used the credit card issued by Capital One Bank bearing account number 4791242156623087 to purchase goods, materials and services. Admitted Denied If the answer to Request for Admissions No. 4 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 5: Attached hereto as Exhibit "B" are true and correct copies of the statements dated July 12, 2004 through October 11, 2004for the subject credit card account no. 4791242156623087. Admitted Denied If the answer to Request for Admissions No. 5 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 6: The subject credit card account no. 4791242156623087 is subject to finance charges of 25.90% per annum on the unpaid balance. Admitted Denied If the answer to Request for Admissions No. 6 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO.7: Attached hereto as Exhibit "C" is a copy of the cardholder agreement for the subject credit card account no. 4791242156623087 that was received by the Defendant Admitted Denied If the answer to Request for Admissions No. 7 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 8: Defendant is required to make monthly payments to Plaintiff on any outstanding balances owed on the subject credit card account no. 4791242156623087. Admitted Denied If the answer to Request for Admissions No. 8 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO.9: Defendant has failed to make any payments to Plaintiff on the subject credit card account no.4791242156623087. Admitted Denied If the answer to Request for Admissions No. 9 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 10: Defendant has not submitted any written dispute as to any accounting inaccuracy concerning the amounts demanded by the Plaintiff on the subject credit card account no. 4791242156623087. Admitted Denied If the answer to Request for Admissions No. 10 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 11: As set forth in Plaintiff's Complaint, the balance owed by the Defendant to the Plaintiff on the subject credit card account no. 4791242156623087 as of February 29, 2008 was $2,419.48. Admitted Denied If the answer to Request for Admissions No. 11 is "denied", then supply specific written documentation supporting the denial. Res ctfully submitted, Matthew D Urban, Esquire PA I.D. 490963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 WWR#6045409 0 10 cz .7s U T C1? I bo 5 0 R Q 1} Q "3 O fl C.1 ? DD 0 z > A °' °' Q ? m ey Y •? /-r ?< c? py + a. a o R w v Q x 0 0 ? o Li G ci A +. N G O o ?. LO y a. ?? u ? . ? ) G c. ? z t!] ?.- M C y y? N (? .°j v' Q '?' Q J5 Q w ? a ° rr C 0- 1 - C - y ? ? fi 3 N < CIS. 0. ? o a 1 U Ei o C ` V .;n U, .Y v 0 -' e cu =K Q 0 -M t Ln U C C y SL w $ o a Q o r ? o ? ? o r1 - J C" I Erl 2? .? S. z z ig m p u H H vyi L^ Q r -- ° V y ec5 , g rlj p Q ° r O m rCCr v _a 3 ? o ? 0 Q Q 0 r- 00 dr W Q rn w N N co ON Ln N ,It M d O r- u ? v b w cq >4 o?. LL. P. 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T VCS ? p gD s ? c f•? L .b -. Ce ?L•f 73 a fi i. 50046 N 'D ° .9 .u rG v F S U 1<z C U z N .n M k Al CO E P 3 O •? N r• Cl P P 10 M c CC) O M N c _ 10 10 N 17 N P ti ti O 0 rc u f c N 3 Q u O O z d u o '°C$ 0 o ?R - C, 2 o 5 c O ti - L d z a N v = N - rn > ? w d .?+ m M ON ? W .S rl N N L] C - N (a :4?C1 Z at =L+O? m??nU II IIIIIIII IPI 005600 m m PI of - m ?A N /yvN •? m - m ? O G mm o - dd V _ U W C r N O VI j R ' a 39 ?Z "k F? r h . E c . - a n a moeo m c9 u,2?o? ^' 8 c yy ?? 9 C e °? 9 - gF 3 E tf ? & ? mo ` d ?. .& < A ? na o or P O U •? N -b= o L _? U - '-" Z ??= m L om? ' +e 'bE V z a - C L -. • o FE •NO °a d"¢ ccS ?°cQ? c e e ? - , v c ? IR c 2 u" 39 vG p n '` 71 -30 a b y c 3U= $l, C am' ?? 'O-a 5 ?< s co tl EC DoE satsG ie v1 N 0 •c G v a CEd C L] U v z w c z z -It m Q w co S i 3 co A E M 3 o co ? C. A O -t N O G o. a 1 co r A E co O M N t `O N IT r O- A It 0 ° b u i 1= D 0 O c O 2 a G a u Cl m$ O ? E• _ u < - 9 a e c _ L K 0 N e = N .a o ? 1 Hoc ., __ M y cl n0 - N a N wm x o°xi0s = a F j o a IIIINIIIIN IINI OIS600 m N 1 m N = m M W v N - m m C, X.6 a mm o - L N CO U -_ UdC r lrS]I7 L-7 7 GUSTOMER AGREEMENT to Capital Cne.® We are pleased to open your credid card account This To get to d* balance for each se_gmenf of your account, we take The -:nt contains information abort your accounL Pleass read i and ha-ep i for your beg'rw&V b3brrm for each segment and add any new transactions and any In this Agreement the words you,, your' and ?ro'u3` Fef?T fit? hi6A p_rson e,m _.. cat^,lei-d en the prpvrDus days baWt-- for that hr application and to anyone else Who MeS the account in any way. Each of you sr' haunt We ffton subtract any paynia-rits or Graft pasted as of that day that fually and ping), obligated under this Agreement The words 'we.-us' and bur' a}f: aLeabd to that segment This gives us the separate daily balance for each apirtal One Sank and its successors or assigns. We can delay enfDr iriq our rights s_gmerA odyax account However. if you paid the New Balance shown on your is Agreement without losing them previms st disnard in full (or if your New Batanr~ was zero or a credit, amount), our Account You can mice purchases and obtain cash advances (Ewe have new karLsacliats u iich Post to your purchse or special purchase segments are ftial rash advances are an option for your account) by using your card, account art tD like daily balance. and arty account access cheers (including Purchase Checks, CDnvmi enrti To caiud3- Your total finance charge, mulfip)y your average daly balanc~ by Special Transfer Checks and other similar chaos) ghat we may send to you. the rfaliy pmkCc rate and by the number of days in the billing period. Due ID z provide you with accuunl access check-., we wit I-] you whether they will be rDEUidlrig oar a daily basis, Dom may be a slight variance between ft's 3s purchases, cash advances, or special transfers. Unh?m we I°13 you DftMll; catakft and lhz- amount of finance charge actrtally zssesed anca Checks val always be treated as cash advances F. Cash /idnmtr~° Fee. If a rash advance fee apples to your account, you were rd or a=LuA cannot be used in connac;5on with any Internet or M--gal gambling toid tile to U11M you opened your arMUn . The fee win be charged each time ions. Your card and account may only be used for valid and lawhd purposes. if you obiamr a rash advanca and wig be added to the rash advance segment of ter allow someone else to use, the card or account fey any i rgremissibte your a=cvit and wit reduce your available aBa The amount of the cash you will be responsible for such use and may be required to revnburse us and advance fie will be added ID otter frrianca charges on your periodic statement :aid International incorporated or Visa USA, inc., as applicable, for all amounts or for lh-- purpose of calculating the annual percentage rate disclosed there. This s we or they pay as ti result of such impermissible use may raise the arcuual penanhage rate dsctasa_d on your statement to be ee that we are not responsbL it anyone refuses to honor your accDrmL If you do greater Ilm $he annual percontage rate that was dsdDsed to you when you your account, you may cancel it by calling our Customer Relations depatirnerit DPIrMd YMW 21=1111- 4roying your card(s) and account access checks within 30 days after yDll receive R Tenfoaary Reduction in Finance Charge- We reserve the right to not assess any or al firianca charges for any given biLig period. quivalent Transactions. If rash advances are an option for your account, you Other Fees and Charges. The following fees may be blued to the purchase your account to purchase items that are dhrecify convertible to rasa These Gash segnr~? Of your aCMUnt, unless otherwse spedfiad, in every bung psriad in °nt transactions will be treated as cash advances and w1 be billed to the cash Which they apply: fats payment fee l we do not receive your pa)Tnent in time for _ reymetnl of your account Cash equivalent transactions include the purchase of it b be unedited by the following statement closing date; overfimif fee if your r sfer money orders, tet, lottery fides, casino gaming chips, and other similar ac.^ourd (or any sgrnenf of your account) go--s or stays above any ie riporarily s Dr services. or penaarienfty assigned caedil lim?l, even if wee approved the civerlimi amount, rr dit Limit You were told your credit limit when you opened your account. You at any fine durrirhrg the bllrng cycle f regardless of whether you went overfhmif as sy have different credal limits that apply to different segments of your account a rfsult Df a irar>,ardion finance charge, or airy other fee or charge}; retumed s purdhases. cash advances, and special transfers). These c radd Eir ffs will be dtezk fer, hiposed every time a chetd is returned to us for any reason, or if we d an your perfodre slatamsnL You agree to make purchases or obtain rash eanrit horror ymr account acres ch cls for any reason; and copying charges s only up to the relavant credit funfL We may increase or decrease your mcliif for drip copies of transactions or statements unless required for billing t any firrL, may rims the amount that is available for rash advances, or troy dispute res hifi an. These fees and charges wit not be assessed r7 your billing C`' A advances enfmly from your account. We may honor transactions in excess address vas iii Puerto Rico when your account was opsnsd. The fee and cradil firnk even if those transactions result in an overfmlt fee, and Mass charge- 2m ourft ti-crz dsdsed to you when you opened your accDUnL if any of lions and fees wilt be cuvered by Ibis Agreement thhese f-es cr charges are changed subsequent to your account opening, you Payments. You promise to pay us all amounts due msufffng from the use of your will be advised of $ie new amount We reserve the right to waive these fees including arry finance charges and Dfher Charges due under the terns of this iniftrrt p&rriDlificartion to you. °nt Payments must be made in U.S. dollars. Payments made by a negotiable- thembembip Fee. If your amount has a membership fee, if was cFsdosed to :.rat such as a check or a money order must be in a form acceptable to US and be you mien you ope..ned your acrormL The lee wit be billed to 166 purchase m a U.S. financial institution. We may allocate, payments among the various segvsrntofyotraccourd. ft a ywr arzounf in any way we determine, Creche Bureau information. You agras that we may obtain your credit st pay at least the minimum amount due by the date tequaSW on your stated irrbMMEaar from cradit reporting agencies at any time for the purposes of a late payment fee However, you may pay more than The minimum payment or mgnib*g your CFEMNA Performance. managing Your account and considering j , balance in fult In any rase, finance charges will c Dnfmue to be ;-S ed during you for crew otters and programs. ...4. '& )erlDds that you carry a balance regardless of whether or not your stafeirent Futures Offers. The terms of any future offer will be dscfosed to you at the time ? i minimum payment due, flhe otfl is made. ff you accept an offer, the terns will become effective accapt late payments or partial payments or checks and money orders marked immedaWy unless otherwise specified in the offer. rd in fui" or other similar language without losing any of our rights under this Defaic& We may rarssider you ID be in default under Hs Agreerent if (a) you M indudvig DUr right to receive payment in full. fah to pay the minimum paymhefd on fine, (b) )vu exceed your cxed4 limit or (c) r Statement Each month you have a balance in your account, we will ser d you you pay is w1h funds that are returned for any reason To the extent permitted neat showing ai bansacfions billed to your acsDunt during the billing p°..riod. The by fawn, you may arso be in default under this Agreement l: (1) you violate any of c^.riod is the lime from one statement dosirig date through and including the text The Asir teems of this Agreement, Dr arty of the learns of any other agreement nt closing date. The statement closing date determines the month of a specific with us or arty of our atfikates, or (2) you made any false or misleading eriod For example, your January billing period is the bluing period with the slafeii m!s w yrnrr application, or (3) banknrptry or other insolvency nt dosing date in January. ptotWtfings are irtsiiirAed by you or against youL Alter you are in default (or '. Charge tnbMatiDn. after ee glue you arty wfm of or rigid to cure the ds%uh if required by law), we e Period You will have a minimum grace period of 25 days without finance may ri'S?6t your armurt from new transactions, or dose your anoint and >n new purchases, new balance transfers, new special pfrch?s-e.s and new 00157 de IMA inneffale payment of ll>? entire outstanding balance. In addifion, as a if you pay your total New Balance as shown on yow periodic stafernent in full nesrtf of the default your mffiumum Payment may increase without advance irns for it to be credited by your next statement dosing dal There is no grate no5M hn cash advances and special transfers. In addition. f y ou did not pay the IDW To the extent pamnfll-ed by lava, you ogre a fo pay all court costs and coTeciDn lance from the previous biing statement in full and in firm for i to be cm ilfted by experses IrKwred by us in the conecbon of any amount you Drove us under this d statement dosing date, there is no grace period an any liansacO m. Agremmit If ynu default and we refer your account for coTecfian to an attamey :ring Finance Charge. Transacfuons which are not subjsct to a grace period are who Is rid our salaried employee, to the extent parmitted by law, you agree to ` fees. You also agree to pay any costs we may incur !d finance charge as fDTows: pay rzasagrebte allome)5 in teMawkig your rards, irdudng any costs me may incur by having your tan-is made during the current billing period: from the transaction date. amormf placed on a restricted frt. xd tra isactfons and transactions made with account access checks: from the date If You Clime Your Acmunt You can request to close your account by calling :aclion is processed to your account our Custorivr Relafions department You must destroy an cards and account icfiars made prior to the current bitting period: from the first calendar day of the access dher ts, cam-1 all preaul horded billing arrangements, and caase using NTW9 period. your a=mu t H you do not cancel preaufhDrized billing arrangements, we wil hJ-w Ralarim from the previous biting period in ful, coRsklar mcieiA of a charge your authorization to reopen your account Rr vnur aMMMt Whl not be C DSed Until yDU pay an amounts you Dwe j=wing France Charge. Transactions which are not subject tD a grace Period are n-_-BD fine charge as fDOMS' [nsacIJDns made during the run2enl billing period: from the transaction date. dated ti3n5af figns and 5'eTSac!DDti made v..tn 3XDURt a=ss C b=:13: from the date ranrac6om is2p_74sed tD your account -- isactions made prior to the current bRing period: from the fast calendar day of the ent billing periDd. lianaty, if you did not pay the New Balance from the previous billing. period in fut :c: charges continue tD a=nje to your unpaid balance unil the unpaid balarim is in fufl This means that you may sil owe finanrr charges, even I you pay the entire Balance inditcatad on the front of your statement by the next stale-ment dosing dal:, fd not do so for the previous month Unpaid finance charges are added to the segment of your a=DunL ailob --mfmum Finance Charge. For each billing period that your account is sub)ed to a charge, a minimum total finance charge of $D-5D wig be imposed. If the fatal 2 charge resulting from the application of your periodic rate(s) is less than $025D, 11 subtract that amDUnt from the $05D minimum and fns difference haunt be bit--d tD .rrchase segment of your account !dock Rafm We determine the daily periodic rate by dividing the annual percentage >y 365 and ruundmg it to the nearest 1/1DD,DDDth of 9"/. The rate may be different irh segtrerd of your account (e.g., cash advance, purchase, special purchase, and A transfer d applicable for your amDUnf). YDu were told the dally periodic rate(s) you opened your account and it appears on your statement hlcularng Finance Charge. Finance charge is calculated by mulfiplyirg the daily Ce of each segment of your account (e.g., cash advance, purchase, special transfer, ;pedal purchase) by the corresponding daily periodic rate(s) that has been rusty disclosed to you. At the end of each day during the billing period we apply the periodic rate for each segment of your account to the daily balance of each >nL Then at the end of the billing period, we add up the results of these daily atiors to arrive at your periDdic finance charge for each segment We add up the > from each segment to arive at the total pariodic hnance dharye for your aSDUnL rd andlDr tamporanly or permanently suspend your credit privileges. This but is not limited to, sffuafions Where you have violated this Agreement orvit ere reason to doubt your creddworthiness. Your obligations Under this Agreement after your rights to obtain aiadif have been terminated or suspended We may nfDrcing our rights under this Our s3f3rird emplo}-- to the event peTmiityd by law. yDU agree iD trhhD is not pay raaswiabL> aficimeys fees. You aGD agry to pay any costs we may inUVr in retiavirg your canes including any coasts we may incur by having your account placid on a restricted M if You Clcra Your Amu nt You can regUu.-t tc, dose your a=unt by calling _Dltr Qt bmer F?elalions_jdeparlmant You must destroy all cards and account acm dt.,cls, cancaf al pr?...autharized Aming arrangements, and cease using your account If you dD not cancel preaUthDrked billing arrangements, we will cDnsider mizipt of a charge your authDrization to reDpen your account Addition, your account will not be clDsed un® you pay at amounts you owe us incLrdu¢S any transactions you have authorized, finance chaigs, late payment fiefs, overfimit fees, retumed check fees, rash advance fns and any other fees assessed to your acraunt You are responsible for these amounts wi>°ther Ifey appear on your a=DUnt at the tirre you reque>-t to dose the account or they are hicuriad subsequent tD your request to dose the account. This rn3y msutt in charges appearing on your account after you have requested the accourd to be closed or the raopenfng of your 3=01 nt if it has already ban clDsed For example, I you auffiAmd a purchase from a merchant and we receive the transaction from the merchant after your account has been dosed, your ammird wit be reopened, Ore amount Df the charge will be added to your ao DEK and you will be responsible for payment if there is a membership fee for your account the fee will continue to be charged, to the extant peroi lad by faw, unlit the account balance has been paid in full as defined above, if you want to stop an authorized user's access to your a=DUnt you must Gall our Ctstomar Relations department and destroy the users card (t any) and any amount access chects he or she may love_ If yDU are unable to destroy that persods card and account access check, and you cat our Customer Relations department to dose your aizount your a=unt will be dosed and both you and the joint cardhoder, ff any, may apply for a new accounL If we cIDS the account you and the joint cardholder, if any, wil still be liable, individually and together, for all ainDUnis charged 1D your account if We Cancel Your Account or Suspend Cndit Pnvilegas. WE! rev 3f any time, With or without cause and with or without advance 1)o5ce, ta_mirate this VERIFICATION I, , (please print) under penalty of perjury and subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities verify that the foregoing Responses are true and correct to the best of my knowledge, information and belief. Date Signature CERTIFICATE OF SERVICE I, Matthew D Urban, hereby certify that a true and correct copy of the Request for /I n Admissions was served by regular U. S. Mail, postage prepaid, this Off ( r1 d, day of ?J kk 2008, addressed as follows: KATHLEEN R YEAGER 3107 HARVARD AVE CAMP HILL,PA 17011 Matthew D Urban, Esquire 1400 Koppers Building • 436 Seventh Avenue • Pittsburgh, Pennsylvania 15219 9 412.434.7955 9 www.we Itman.com 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 day of 42009 upon the following: Kathleen R Yeager 3107 Harvard Ave Camp Hill Pa 17011 By: Pa. I598 Wel , Weinberg & Reis, Co. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6015409 Fl`` 0?7 Ti.nV T i i ? I& lp. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) C9 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument CcRr - CAPTION OF CASE (entire caption must be stated in full) C'0-V) c ? a1 0', CB (on(- (Plaintiff) VS. DI6I 0 ?6,61 ?c)ccA <Sal4:S INC (Defendant) No. -G Civil plaintiff Is motion for new trial, defendant's 1_ State matter to be argued (1-e-. demLm-rer to ccn-plaint, etc.) : I !,l" ? S I? O lYd1 C1 J1/ Tl J JUC?-v') 2. identify counsel who will argue case-. tiff • . (a) for plain ?n a'(lnl`I? ?. 1?D?C? ?? Address: Weltman, Weinberg BC Reis CO- 1400 Koppers Bldg. (b) for defendant Address: VD-S„- 436 7th Ave. Pittsburgh, PA 15219 (412) 434-7955 3. I will notify all parties in writing within two days that this case has been Listed for argument. 4. Argument Court Date: x r It CERTIFICATE OF SERVICE A true and correct copy of the Praecipe to List Case for Argument has been served by U.S. Mail, Postage Pre-Paid, on (I q day of , 2009 upon the following: -ock Kathleen R Yeager 3107 Harvard Ave Camp Hill Pa 17011 By: Benja n Bibler,Esquire PA I 93 8 Weltma , einberg & Reis CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 0, 49 0 u ( 19 r i c• 1;? CAPITAL ONE BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KATHLEEN R. YEAGER d/b/a BUSH FORD SALES, INC., DEFENDANTS 9?- /3 "o @9-41434 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this _ day of November, 2009, summary judgment IS GRANTED to plaintiff Capital One Bank against defendants Kathleen R. Yeager d/b/a Bush Ford Sales, Inc., in the amount of $2,419.48 with prejudgment interest at the rate of six percent per annum from February 29, 2008. Andrew J. Bender, Esquire Stephen R. Maitland, Esquire 61 West Louther Street Carlisle, PA 17013 ? Kathleen R. Yeager, Pro se 3107 Harvard Avenue Camp Hill, PA 17011 sal (2o1-3c iES ?l /2016, ?l f: i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. KATHLEEN R YEAGER d/b/a BUSH FOOD SALES INC Defendant. C'? _- r Case No.: 08-1570 ' r TYPE OF PLEADING w J PRAECIPE FOR JUDGMENT , PER ORDER OF COURT ?,. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6015409 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. KATHLEEN R YEAGER d/b/a BUSH FOOD SALES INC Defendant. TO THE PROTHONOTARY: Case No.: 08-1570 PRAECIPE FOR JUDGMENT Pursuant to Pa.R.C.P. 237, I certify that a copy of this Praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. In light of the Court Order granting Judgment in favor of Plaintiff on November 30 2009, kindly enter Judgment against the Defendants, Kathleen R Yeager d/b/a Bush Food Sales Inc, in the amount of $2,'114.48 computed as follows: Amount Awarded per Order: $2,419.48 ^ ?40- Interest from 2/29/08 through 4/1/10 $390-28- Pgr 41,410 at the legal rate of 6.00% per annum: 1 Da TOTAL: $q? Attached is a copy of the Court Order in favor of Plaintiff for Judgment. WELTMAN, WEINBERG & REIS, CO., L.P.A. By: d-: ? 4X/? BenjaknirWRr Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Plaintiff's address is: Weltman, Weinberg & Reis, 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And Defendant's address is: 504 Grant Dr Camp Hill Pa 17011 414-co PA A7Tq W 8ga710a O,M35.2 No+lee ?,i?ed WWR No. 6015409 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case No.: 08-1570 VS. KATHLEEN R YEAGER d/b/a BUSH FOOD SALES INC Defendant. NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendants ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $2,+I14.48 Plus interest at 6% per annum, plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of (xx) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award ( ) By Consent Prothonotary Kathleen R Yeager 504 Grant Dr Camp Hill Pa 17011 By: J PROTHONOTAR (OR DE UTY) WWR No. 6015409 J- I ? 0w7 Oim Lo > 4 x 0 cAT 0 -' 3 at a L} Q t. m A C Ty _D CD 0=1 [o A. 3 CD 4 z > ? TI i _ -{ 3 - a ?, > D a m z O n M O M -n 7 r r z m? -Z z m < w O CD ? N ? X p T 00 EO -4 t? :3 IT1 T > 'U CD a D to LD rT 3 m ;u z ? u fl m z, ?, 0 r„ io 3 m n Q v° O o m z tU w 0 lo > fA ' ? k ? . [p a a ?i Z ;5 ' co m m M ' co tC' D ? m C c q 'v w' 3 - C: 01 :5 u -4 C m 00 m 3 CD L m O L CD C C D U) ..? S CD y -? 3 v 0 z ? /1 l z r m _ fy? V ? > 'TT l4 • •• 1 ?L r r V n' C? ? ? z ? } - Y r