HomeMy WebLinkAbout08-2709l
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff No: 0$- o1701 Civil lerw%
VS.
COMPLAINT IN CIVIL ACTION
KATIE BURD
AKA KATHRYN L DOBBECK
AKA KATHRYN L BURD
Defendant FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt,42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
06409055 C N Pit ABR
IN,THECOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS. Civil Action No
KATIE BURD
AKA KATHRYN L DOBBECK
AKA KATHRYN L BURD
Defendant
COMPLAINT 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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT
1. Plaintiff, CAPITAL ONE BANK (USA),NA is a corporation with offices
at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238
2. Defendant is adult individual(s) residing at the address listed
below:
KATIE BURD
1198 SHOREHAM RD
CAMP HILL, PA 17011
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXXXXXX4028 .
4. Defendant made use of said credit card and has a current balance
due of $1774.27 , as of March 25, 2008 .
5. Defendant is in default by failing to make monthly payments when
due. As such, the entire balance is immediately due and payable to
Plaintiff.
6. Plaintiff is entitled to the addition of interest at the rate of
29.200% per annum on the unpaid balance from March 25, 2008 . A copy
of Plaintiff's STATEMENT OF ACCO UNT is attached hereto, marked as
Exhibit 111" and made a part hereof.
7., Although repeatedly requested to do so by Plaintiff, Defendant has
willfully failed and/or refused to pay the balance due to Plaintiff.
Wherefore, the Plaintiff prays for judgment in its favor and
against Defendant , KATIE BURD , INDIVIDUALLY , in the amount of
$1774.27 with continuing interest thereon at the rate of 29.200% per
annum from March 25, 2008 plus costs.
James C Warmbrodt,42524
WELT EINBERG & REIS CO., L.P.A.
436 Se e h Avenue, Suite 1400
Pitts ur h, PA 15219
(412) 43 -7955
FAX: 41 -338-7130
064 90 C N Pit ABR
This law firm is a debt collector att?ng to collect this debt for
our client and any information obtain ill be used for that purpose.
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VERIFICATION
CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank
vs
BURD, KATIE
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities, that he/she is, TRACY TAYLOR, Authorized Agent, of CAPITAL ONE BANK (USA),
N.A., successor-in-interest to Capital One Bank, Plaintiff Herein, that he/she is duly authorized to make this
Declaration, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of
his/her knowledge, information and belief.
CY LOR
N u 1'
5178052523384028
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
JAMELA SINGLETARY
NOTARY PUBLIC
GEORGIA, DEKAI_E3 COUNTY
',W1 61 SION LXP RES NOV 4, 2.011
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02709 P
COMMONWEALTH ?I OF PENNSYLVANIA:
COUNTY OF Ci;WBERLAND
CAPITAL ONE BANK USA N A
VS
BURD KATIE ELI AL
STEPHEN B
Cumberland
says, the
BURD KATIE
IER , Sheriff or Deputy Sheriff of
ounty,Pennsylvania, who being duly sworn according to law,
thin COMPLAINT & NOTICE was served upon
KATHRYN DOBBECK AKA KATHRYN L BURD
the
DEFENDANT
at 1198 SH
CAMP HILL,
KATIE BURD
at 1245:00 HOURS, on the 30th day of April 2008
14 RD
A 17011
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the (same time directing Her attention to the contents thereof.
Sheriff's osts:
Docketing 18.00
Service 15.00
Affidavit .00
Surcharge 10.00
.00
s? '??b? ?„- ? 4 3 . 0 0
Sworn and ubscibed to
before me his day
of ,
So Answers:
R. Thomas Kline
05/01/2008
WELTMAN WEINBERG REIS
By.
Deputy Sheriff
A. D.
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewrite . submitted in duplicate)
TO THE PROTHONbTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
----------------------- ---------------------------------------------------------------
CAPTION OF CASE
(entire caption must. be stated in full)
cq&? DQ 6unK (Osp)m?O'
VS.
? Fyn L !???cC
(Plaintiff)
(Defendant)
No. 2A civil. D-?b l OR
1. State matter to be argued (i-e-, Plaintiff's motion for new trial, defendant's
deTurrer to complaint, etc.) : -(?r Sum?U-l v 0tfyUn--
n A&=e1nberq*'& n '1 "t r; eS? .
2. Identify cminsel who will Reis Co.
1400 Koppers Bldg.
(a) for Plaintiff : 436 7th Aire.
Address : Pittsburgh, PA 15219
(412) 4341-795;
(b) for defendant:
Address: &,x-)
f l!09
3. I will notify all Parties
been listed for argument-
4. Argument Court Date:
0CLrCL <'
C"e r" i P-R no it,
in writing within two days that this case has
At for r,,r?i
"TIO "I
?G N -c
Lt C3 t2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA,
Plaintiff,
vs.
Case No.: 08-2709 CIVIL TERM
MOTION FOR SUMMARY JUDGMENT
KATIE BURD
AKA KATHRYN L DOBBECK
AKA KATHRYN L BURD,
Defendant.
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin R. Bibler,Esquire
PA ID# 93598
Weltman,Weinberg & Reis CO L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
WWR No. 6409055
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA,
Plaintiff,
vs.
Case No.: 08-2709 CIVIL TERM
MOTION FOR SUMMARY JUDGMENT
KATIE BURD
AKA KATHRYN L DOBBECK
AKA KATHRYN L BURD,
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
$1744.27 with interest at the interest rate of 29.200% per annum from March 25, 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 August 26, 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 has made no payment on the credit card since
WWR No. 6409055
March 14, 2006; that she applied for the credit card; that the statements attached to Plaintiffs Discovery
Request correctly identify the payments, charges, and balances on the account; that she has not submitted
any written disputes as to billing inaccuracies; and that $1774.27 is a correct and accurate balance 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.
8. 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 $1744.27 with interest at the legal
interest rate of 29.200% per annum from March 25, 2008, and costs.
Respectfully Submitted:
By:
PA ID# 9 5
Weltm emberg & Reis CO L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
WWR No. 6409055
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS.
KATIE BURD
AKA KATHRYN L DOBBECK
AKA KATHRYN L BURD
Defendant
No:
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt,42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
06409055 C N Pit ABR
BE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
VS.
Plaintiff
Civil Action No
KATIE B URD
AKA KATHRYN L DOBBECK
AKA KATHRYN L BURD
Defendant
COMPLAINT 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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT
1. Plaintiff, CAPITAL ONE BANK (USA),NA is a corporation with offices
at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 .
2. Defendant is adult individual(s) residing at the address listed
below:
KATIE BURD
1198 SHOREHAM RD
CAMP HILL, PA 17011
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXXXXXX4028 .
4. Defendant made use of said credit card and has a current balance
due of $1774.27 , as of March 25, 2008 .
5. Defendant is in default by failing to make monthly payments when
due. As such, the entire balance is immediately due and payable to
Plaintiff.
6. Plaintiff is entitled to the addition of interest at the rate of
29.200% per annum on the unpaid balance from March 25, 2008 . A copy
of Plaintiff's STATEMENT OF ACCO UNT is attached hereto, marked as
Exhibit 111" and made a part hereof.
7. Although repeatedly requested to do so by Plaintiff, Defendant has
willfully failed and/or refused to pay the balance due to Plaintiff.
Wherefore, the Plaintiff prays for judgment in its favor and
against Defendant , KATIE BURD , INDIVIDUALLY , in the amount of
$1774.27 with continuing interest thereon at the rate of 29.200% per
annum from March 25, 2008 plus costs.
James C Warmbrodt,42524
WELT EINBERG & REIS CO., L.P.A.
436 Se e h Avenue, Suite 1400
Pitts ur h, PA 15219
(412} 43 -7955
FAX: 41 -338-7130
064 90 C N Pit ABR
This law firm is a debt collector att4pt ng to collect this debt for
our client and any information obtain ill be used for that purpose.
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VERIFICATION
CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank
vs
BURR, KATIE
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn
falsification to authorities, that he/she is, TRACY TAYLOR, Authorized Agent, of CAPITAL ONE BANK (USA),
N.A., successor-in-interest to Capital One Bank, Plaintiff Herein, that he/she is duly authorized to make this
Declaration, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of
his/her knowledge, information and belief.
t1CACY T LOR
- ? J-'4
N 1'
5178052523384028
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
Barbara. Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
CAPITAL ONE BANK (USA), NA IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION -LAW
KATIE BURD : NO. 08 - 2709
AKA KATHRYN L. DOBBECK
AKA KATHRYN L. BURR,
Defendant
ANSWER
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part. Denied in part. It is admitted that Defendant used the credit card.
Defendant is unaware of how much she actually charged on the card. Defendant has
no knowledge concerning the March 25, 2008 balance. Defendant denies that the
claimed current balance represents the actual charges through her use. The balance
includes significant fees and costs which Defendant did not authorize or expect to be
charged. To the best of Defendant's knowledge, there was no agreement concerning
the imposition of such fees and costs.
5. Admitted in part. Denied in part. It is admitted that Defendant has failed to make the
monthly payments. It is denied that the entire balance should be immediately due and
payable.
61 09 osS
6. Admitted in part. Denied in part. Defendant admits money is due. Defendant denies
any other fees or costs are due and disputes the legal interest rate charged.
7. Denied. It is denied Defendant willfully failed to pay. Defendant contacted the
helpline of Capital One. A request to freeze the account for three months was made.
It is asserted that efforts to work with Plaintiff have proven unsuccessful.
77r?r
Dated: June h , 2008
re
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Defendant
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
CAPITAL ONE BANK (USA), NA : IN THE COURT OF COMMON PLEAS
Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA
V.
KATIE BURD
AKA KATHRYN L. DOBBECK
AKA KATHRYN L. BURD,
Defendant
: CIVIL ACTION -LAW
: NO. 08 - 2709
VERIFICATION
I, Katie Burd, a/k/a Kathryn L. Dobbeek, a/k/a Kathryn L. Burd, hereby certify that
the facts set forth in the foregoing ANSWER are true and correct to the best of my knowledge,
information and belief. I understand that any false statements made herein are subject to
penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities.
Dated: G Id, 5 2008
KATIE BURD
a/k/a KATHRYN L. DOBBECK
a/k/a KATHRYN L. BURD
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
CAPITAL ONE BANK (USA), NA IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
KATIE BURD : NO. 08 - 2709
AKA KATHRYN L. DOBBECK
AKA KATHRYN L. BURR,
Defendant
CERTIFICATE OF SERVICE
I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I
served a copy of the foregoing ANSWER, in the above-captioned matter upon the following
individual by first class mail, postage prepaid, addressed as follows:
DATED: June e
'2008
James C. Warmbrodt, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
436 Seventh Avenue, Suite 00
Pittsburgh, PA I X9
tsareiimple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
Attorney for Defendant
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
CAPITAL ONE-BANK (USA), NA,
Plaintiff,
V.
NO.: 08-2709 CIVIL TERM
KATIE BURD
AKA KATHRYN L DOBBECK
AKA KATHRYN L BURD
Defendant.
PLAINTIFF'S FIRST REQUEST FOR ADIVIISSIONS AND REQUEST FOR
PRODUCTION OF DOCUMENTS
Plaintiff demands that the defendants answer and respond to the following Request for
Production of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure
within 30 days from the date of service hereof.
Plaintiff also demands that defendants answer 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
namend address(es) of each e? rson who have possession, custody, and control of said
document(s). If any such document was, but is no longer in your possession, custody, or control,
or in existence, state the date and manner of its disposition; and
E. The word "identify", when used with respect to an act (including an
alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means
to (1) describe the substance of the event or events constituting such an act, and to state the date
when such act occurred; (2) identi each and every 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 signed the attached credit card application.
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 2•
The attached monthly statements, from OCTOBER 24 2005 through SEPTEMBER 23 2006,
correctly identify the payments, charges, and balances on the account.
Admitted
Denied
If the answer to Request for Admissions No. 2 is "denied", then supply copies of canceled
checks, both front and back, and/or if not available, specific written documentation supporting the
denial.
REQUEST FOR ADMISSION NO 3•
The last payment on the account was made on MARCH 14 2006.
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 has not submitted any written dispute as to billing inaccuracy concerning the credit
card in question.
Admitted
Denied
If the answer to the Request for Admissions No. 4 is "denied", then supply copies of specific
written disputes as to any billing inaccuracies.
REQUEST FOR ADMISSION NO. 5•
$1774.27 is a correct and accurate current balance of the credit card account in question.
Admitted
Denied
If the answer to Request for Admissions No. 5 is "denied", then supply specific written
documentation supporting the denial.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED SHALL BE USED FOR THAT PURPOSE.
WELTIVMN, WEINBE
CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-79555
WWR: 6664536
DEFENDANT'S VERIFICATION
I,
(please print) under penalty of perjury and
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn 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
A true and correct copy of Plaintiff's First Request for Production of Documents and
Request for Admissions has been served by U.S. Mail, on the day of ,
2008, upon the following:
Barbara Sumple-Sullivan
549 Bridge Street
New Cumberland Pa 17170
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1 19.
s
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this
Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the
Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within
the time allowed for filing of this Motion, and that the facts set forth in the foregoing Motion are true and
correct to the best of his knowledge, information and belief.
WWR No. 6409055
CERTIFICATE OF SERVICE
A true and correct copy of the within Plaintiff's Motion for Summary Judgment and Brief in
Support has been served by U.S. Mail, Postage Pre-Paid, on //11 day of 2009 upon the
following:
Barbara Sumple-Sullivan, Esq.
549 Bridge Street
New Cumberland, Pa 17070
By:
Benj . Bi ler,Esquire
PA ID 3598
Weltman,Weinberg & Reis CO L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
WWR No. 6409055
C%j
u
r' i:rs
t.,._
c?
CAPITAL ONE BANK (USA), NA,: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
KATIE BURD a/k/a KATHRYN L.
DOBBECK, a/k/a KATHRYN L.
BURR,
Defendant
CIVIL ACTION - LAW
NO. 08-2709 CIVIL
ORDER
AND NOW, this 11' day of March, 2009, upon Plaintiff's Motion for Summary
Judgment, it is hereby ordered, adjudged and decreed that said motion is GRANTED and
judgment is entered in favor of Plaintiff for $1,744.27 with interest at the rate of 29.200% per
annum from March 25, 2008, plus costs.
BY THE COURT,
/enjamin R. Bibler, Esquire
For the Plaintiff
arbara Sumple-Sullivan, Esquire
For the Defendant J
rlm
Hess, J.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS.
Case No.: 08-2709 CIVIL TERM
TYPE OF PLEADING
PRAECIPE FOR JUDGMENT
PER ORDER OF COURT
KATIE BURD AKA
KATHRYN L. DOBBECK AKA
KATHRYN L. BURD
Defendant.
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. 6409055
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS.
KATIE BURD AKA
KATHRYN L. DOBBECK AKA
KATHRYN L. BURD
Defendant.
TO THE PROTHONOTARY:
Case No.: 08-2709 CIVIL TERM
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 March 19, 2009, kindly
enter Judgment against the Defendant, Katie Burd Aka Kathryn L. Dobbeck Aka Kathryn L.Burd, in the
amount of $1,744.27 computed as follows:
Amount Awarded per Order: $1,744.27
Interest from March 25, 2008 to April 22, 2009
at the legal rate of 6% per annum: $0
TOTAL:
$1,744.27
Attached is a copy of the Court Order in favor of Plaintiff for Judgment.
WELTMAN WEINBE IS, CO., L.P.A.
By:
Benjam n . ler, Esquir
PA I.D. #93n8
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, 2718 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219
And Defendant's address is: 1198 Shoreham Road Camp Hill Pa 17011
WWR No. 6409055
CAPITAL ONE BANK (USA), NA,: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 08-2709 CIVIL
KATIE BURD a/k/a KATHRYN L.
DOBBECK, a/k/a KATHRYN L.
BURR,
Defendant
ORDER
AND NOW, this 11' day of March, 2009, upon Plaintiff's Motion for Summary
Judgment, it is hereby ordered, adjudged and decreed that said motion is GRANTED and
judgment is entered in favor of Plaintiff for $1,744.27 with interest at the rate of 29.200% per
annum from March 25, 2008, plus costs.
BY THE COURT,
Benjamin R. Bibler, Esquire
For the Plaintiff
Barbara Sumple-Sullivan, Esquire
For the Defendant
rim
R,
2 c39 H 3lj ' cif 3 i
rti = ? qtr
14. o0 PD ATW
Caw` 4018 OZA
PT a A wa
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff Case No.: 08-2709 CIVIL TERM
VS.
KATIE BURD AKA
KATHRYN L. DOBBECK AKA
KATHRYN L. BURD
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 05 D
(xx) Assumpsit Judgment in the amount
of $1,744.27, 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
Katie Burd Aka
1198 Shoreham Road
Camp Hill, Pa 17011
By: S
PR ONOTARY (OR DEPUTY iOKA
WWR No. 6409055
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff Case No.: 08-2709 CIVIL TERM
VS.
KATIE BURD AKA
KATHRYN L. DOBBECK AKA
KATHRYN L. BURD
Defendant.
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendants
( ) Garnishee
You are hereby notified that he f llowing Order or Judgment was
entered against you on
(xx) Assumpsit Judgment in the amount
of $1,744.27, 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
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, Pa 17070 ?•
By: S
PRO NOTARY (OR DEPUlt; ?pX6
W)WR No. 6409055
WELTMAN, WEINBERG & REIS, CO. , L. P.A.
BY: Ashley L. Sweeney, 313667 Attorney for Plaintiff (s)
I .D. No. 313667
436 7th Ave Ste 1400
Pittsburgh PA 15219-1827
(412) 434-7955
FAX: 412-338-7130
File # 06409055 C N Pit SJS
CAPITAL ONE BANK (USA) ,NA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
vs .
KATIE BURD
CASE NO. 08-2709 CIVIL TERM
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PRAECIPE TO SATISFY o r,-� .`•
AwC
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TO THE PROTHONTARY: = rr
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Kindly mark the case and judgment entered against Defendant KATIE
BURD as satisfied.
WELTMAN, WEINBERG & REIS CO. , L. P.A.
By
Ash er1,1 S 'eriey %
Attorney for Pla. ntiff
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