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Home My WebLink About06-0703 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: 6fo- 708 C;u~L ~0Uj vs. COMPLAINT IN CIVIL ACTION VERA BROWNFIELD 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 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 04966838 C A Pit KMJ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Civil Action No Oc,. - '7tJ3 ~ '/LAA-- vs. VERA BROWNFIELD 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 is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual(s) residing at the address listed below: VERA BROWNFIELD 1465 TRINDLE RD A CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 4388642068458390 . 4. Defendant made use of said credit card and has a current balance due of $2458.60 , as of January 20, 2006 . 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 6.000% per annum on the unpaid balance from January 20, 2006 . A copy of Plaintiff's Statement of Acco unt is attached hereto, marked as Exhibit "1" 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 , VERA BROWNFIELD , individually , in the amount of $2458.60 with continuing interest thereon at the rate of 6.000% per annum from January 20, 2006 plus costs. ~ -' -' --- // L.P.A. 2718 This law firm is a debt collector atte our client and any information obtaine to collect this debt for be used for that purpose. Capital One" Values You As A Customer! U you are unable to pay the amount due at ohls time, ~~ strongly Ull" you to aU! us IllII1ltdi:lltly at 1-000-9\\-6600. We are \\ilIlng to work w!myou to hdp you out 01 your cumnt Iln:Uldal s11ll:llion 2Jld resolve me delinquency of j'nur accounL Don't further damage your credit. Your ,"",ountwill soon be reviewed to beclwged-<lllos tr.lddebt lfyour :lCcolll1ll5 ch2rgetH>1l, you will still be responsible lor the debt, but It will be liste<l on your milll report ;llld could pl'e'tl1f you from re<eMng millt c:ttds, loans 2Jld even affect future emplO'fl11fllt;llld housing opportunities. C2OO1 c..-O....~ lne~Oilf.&lIi;limllyrllQlStfI'ta~I4>\..n~__ . "...., CapltalOne' Vl5.\ GOlD ACCO!Jt\T >>n.bl~""')'9fl AU1 I~, siP Illllll ~lo(1 A_utS1l_J'Ur)' l't1:yi<>ut~ ,.y__C~IlI'4~_ r,-"""" f~ C'hq.... Par.""Il#, Cllldi4u<l Adi...ua_ $U9.,M 100 SJl.W ","" T,.uc~iO' I I.tAUO 1 usa- GVEltLlMlT fEE PAST Dl:E FEl' 1.1't00 "'" T..wCrt,jilLi<>f" 't<>l.JA,-lIffill,l,c....m C""'l,' 1';,..f<lI'Cu/l 1\>'lIiI.hk~;lrwc...ll $1,nUl SLHUI ~12.JOOJ ''''' ,.00 1>'" 100 y()lj>rt!'ll_~(l..ulioljj~(1r$:Z900~os:r4nOO2 ~}'I".U'~""n.~~~,,\J" ~w..d<n<W 11",,(. ,......lklaru>tt M,,,j,,,,,,,, "-_0...:: hym_CMDtott y"",..___l"l\i"",""'kcltf~_OO>litiXlll},.'1001_#~",iIIlm"'" ,..,........,....,.;/>1>1. 'm:ei.-.dllytlw~<kI".,rQ9flv:to01.r<>..";ddli:>l<<I,,t"~_"""""'"''''''''''~'fl'''\ vlo... \Cll$.(-~dly1;b' Y'<'li"PV.eafut .-:lIC-rJQ1 0...:, AlyovJCl'"<'tolI l".,.llo.-__.,.."""",""""",*""",,,,",,, 1-800-903-3637 1'<ot1\olo".,1>;e_"'"~.....~_:tff_iIl\ua.,. ........a;>/Io-- '""-- A... ~"'-t. (:.,q.;..IO"~",.. I'D. .....~~T ll,;,;,_, VA I1P4 54'11o<1~"" c.it;ol ()g Son__ I'Q Jlio<l<l'l411 ~VA}JU,U6H bap<H'lallt A.orov.ldl.r-.atkI. Cllfl<<.alOru:..afJ"Otid~aflhotHlh^"""",~1t E"''''1A..ant>;d_;\.a>tm~,~ntId'''' XDC fn;m I-llju'Jl, U (HII ,.,CTj ...._....~ ye~ uoM.cd<J'i'_lht!past_....tI'CIl>~~ ~<>i~....1if<><iom\oi\lr<t\_,~p"".,.......~ .,.,~II:l""ajl&ltl)f....l..ciumMdOlecl <lUIClfllli~ClntI ail IlIlleStptemhe< tlth._<>1"""'r!.tIll'"lIl.l;i;l>ll,M ";lit ""<>rk<:ll<l>fllt""m'oknill I"i._CbrJU; ,.....---......""...~;".,......... -- ..~.. l11U~ $':!Q1I. ~- - .- .~... - '" )llYlO .Il~ VtN4NCE CHAROE ill.17 ila.! l"I:acHAW """ ANHlJAl PtiaCRNTAoH .ATE "",l...ttt.i.pen,"" 1U)'4 :l"UUI T /'U'-^$€RfTlrl.'1M.IRTlON:OCLOWWrrHt'~'i~1' .. CapItalOne' 0000000 0 ~3aBG420'a458390 13 1478410015001418414 N."..IU,,,,",,," M:",~"--;I\IfM: Parnt<t'll.'h.< 0.<<: SIA'l,tl Slt1l.tt ~1!,:OO2 -,..-----_.._- -, - r",,,,,,,,,,loI><J L ~ - ,. ;:;;;,;;;r;;:-~-~- >-- .., Gil;~'.4.l 0<\'11 lhd. J>," lh>>< 8;, ~! Ilio:.n..,,,().,n Z,Vt 1'11.11 ,n."t I tI...l ,\ \ nU. 1111., .lImlllllll'IIU"III...1 - !!! .. N iii 0_ ~..02y!a19Jlti)H!H ~lt. IO !fll1ilfA. V'O>J\. ll!tClOFlI:O .CS 3 P!;IW $1' SiHPl'El'SfiUltG FA 17H'147m r Imllllllhll.I.J.lllmll,.Mlulll,ulIl.llI.ut..t...U.t ~_'1"""'~1..s>>(1 """""'~_Y_""'/I'<)'...c.,...,(~fJMti~,_linllJt~_"""'~ VERIFICATION to unsworn falsifications to authorities, that he/she is The undersigned does hereby verify subject to the penalties of 18 P A. C.S. 4904 relating ~If\' A ~ ~ .l \[)"V\ (NAME) ~~LE) of (AII'/-R I , 0(/ e /3",1'/1(, plaintiff herein, that (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his /her knowledge, information and belief. -~ (SIGNATURE) WWR# DqQ;'1<6 31 (.) ~ ~~8 --r:J lrt (") "" 1'\\:- c::;> c,:: <:.:::::l ~ ~ "" '\_, * ...." rTi'r ,.." VI OJ fl'F -r')fn ),j ?;.". ' I :;:)l-:::' ~ -' W (") 1 - - ~~ ~-~ ~ (.IV -J -0 ';-j :L;. "'0 ::-t: :,~< ) " xrn ..() ~ ~ ,,-.j -I 4 r :'i N :~O ~ >--> ."" (,l1 -< ~ - " IN THE COURT OR COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Civil Action No: 06-703 Vs. VERA BROWNFIELD Defendant j , ANSWER 1. Admitted 2. Admitted 3. Admitted 4. Denied. Defendant denies that the said credit card had a current balance due of $2,4568.60, as of January 20, 2006, and demands strict proof at trial. 5. Denied. Defendant denies that the entire balance as stated is due and payable to Plaintiff. 6. Denied. Defendant denies that Plaintiff is entitled to 6% per annum on any unpaid balance. 7. Denied. Defendant denies that Plaintiff has repeatedly requested Defendant to pay any balance due. Wherefore, the Defendant requests that this Honorabie Court dismiss Plaintiffs action with prejudice. " V~B Vera Brownfield 1465 T rindle Rd Carlisle,PA 17013 .j . VERIFICATION The undersigned does hereby verify subject to the penalties of PA C.S. 4904 relating to unsworn falsification to authorities, that he/she is Vera Brownfield V~~ (SIGNATURE) i ,-.") ',I ..~ i t...' SHERIFF'S RETURN - REGULAR CASE NO: 2006-00703 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BROWNFIELD VERA SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BROWNFIELD VERA the DEFENDANT , at 0950:00 HOURS, on the 2nd day of March , 2006 at 1465A TRINDLE ROAD CARLISLE, PA 17013 by handing to VERA BROWNFIELD 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 18.00 4,40 .00 10.00 ,00 32.40 So Answers: .r"~~ R. Thomas Kline 03/03/2006 WELTMAN WEINBERG REIS A.D. Sworn and Subscribed to before By: me this JI"J '-he day of IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, Case No.: 06-703 vs. TYPE OF PLEADING: MOTION FOR SUMMARY JUDGMENT VERA BROWNFIELD, Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Holly C. Christian, Esquire P A !.D. # 94496 WELTMAN, WEINBERG & REIS CO., L.P.A. 27 I 8 Koppers Building 436 Seventh Avenue Pittsburgh, PA 152J9 (4 I 2) 434-7955 WWR # 04966838 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, Case No.: 06-703 vs. VERA BROWNFIELD, Defendant. PLAINTIFF'S 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: I. On or about February 3, 2006, Plaintiff brought this action against Defendant for payment of credit card debt. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. On or about May 9, 2006, Defendant filed an Answer admitting she applied for and received the credit card. A true and correct copy of the Answer is attached hereto as Exhibit "B" and made a part hereof. 3. Defendant's Answer contained no New Matter. 4. Under Pennsylvania Rule of Civil Procedure I 032(a), "a party waives all defenses and objections which are not presented either by preliminary objection, answer or reply..." 5. On or about May 22, 2006, Plaintiff served upon defendant a set of requests for admissions and requests for production of documents. A true and correct copy of the Plaintiff's Requests for Admissions and Requests for Production of Documents is attached hereto as Exhibit "C" and made a part hereof. 6. No response to the discovery demands has been received from the defendant. 7. The requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 40l4(b). Thus Defendant has admitted: she has made no payment on the credit card since January 3, 2003; she has never disputed any of the charges on her monthly statements; the monthly statements attached to Plaintiff s First Request for Admissions accurately reflect the account charges and balance due; she received the monthly statements addressed and sent to her current address; and the current balance due and owing to Plaintiff by Defendant is $2,458.60 as of January 20, 2006. 8. The Defendant admitted she applied for and received the credit card and the requests for admissions, deemed admitted under Pa.R.C.P. 40l4(b), verify the amount of debt owed. 9. The record in this matter, as set forth above, reveals that there is no genuine issue of any material fact as to a necessary element of Plaintiffs cause of action or the defense thereto which could be established by additional discovery or expert report, and that Plaintiff is entitled to judgment in its favor as matter of law. WHEREFORE, Plaintiff respectfully requests that this Court grant Summary Judgment in Plaintiffs favor and against Defendant Vera Brownfield in the amount of $2,458.60 as of January 20, 2006 with interest at the legal interest rate of 6% per annum for a total of $2,590.54, and costs. Respectfully Submitted: cLkt~k Holly C. Christian, Esquire PA J.D. #94496 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR # 04966838 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: vs, COMPLAINT IN CIVIL ACTION VERA BROWNFIELD Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C, Warrnbrodt,42524 WELTMAN, WEINBERG & REIS CO" L,P,A, 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 04966838 C A Pit KMJ EX IT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs, Civil Action No VERA BROWNFIELD 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 is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 , 2, Defendant is adult individual(sl residing at the address listed below: VERA BROWNFIELD 1465 TRINDLE RD A CARLISLE, PA 17013 3, Defendant applied for and received a credit card bearing the account number 4388642068458390 , 4, Defendant made use of said credit card and has a current balance due of $2458.60 , as of January 20, 2006 , 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 6,000% per annum on the unpaid balance from January 20, 2006 , A copy of Plaintiff's Statement of Acco unt is attached hereto, marked as Exhibit "1" 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 , VERA BROWNFIELD , individually , in the amount of $2458,60 with continuing interest thereon at the rate of 6,OOO~ per annum from January 20, 2006 plus costs, This law firm is a debt collector atte our client and any information obtaine L,P,A, 2718 to collect this debt for be used for that purpose. ... Capital One- Values You As A Customerl If)'Oll arelllllblelO plf die _ due It lids -. ... stnlllBI1ll!1t)'Olllo call.. '--'-If:lt 1-300-955-6600. We ore VItIIIa& to '""" wl1h )IOIllo help)'Oll out <i !OIIt cu:rreat llIlOIIdIl sIlll>lioG and raaIIe die ddJnquonc:r rJ. !OIIt """"""- Don't further dt.zrnage your C'ffJfiit. Your _'IIiII_ be 1'e'Ill:Md lo be c:haIpd4lS bill debt. If",", _ Is ~)'OII 'IIiII salI be ""I ~'.Iot!he deIlI, but II 'IIiII be IIMI OII!011t cnoIlI rqKlrt and ClllIId pmau)'Oll from ~ cnoIlI wds, Iocma and..... de<tlulure ~ IIlCI houslII& opporI1lIIIles. oat ~QlIa""" -. ca,lllOIlI_aflMlr........ ....JlIIIt.AlllflO........ CapIfaIQne' -'-~ .......- ..-.o.a...~ T_ -"""" ... ..... -_ow --- T_c..IUU. 'f_"~ o....u-..~ AIPI' ONAllfc.ll, $1.394.61 ... ..... ...... liA'1 SlA7"" OIidIIrI20>>D2 "" ... "" ... A. ,....... lI..~.......................-c 1-800-903-3637 l"trA....._............._........... -- ...- ...--- --- .A ..aM' ~ V4Jml ............ -...- ..0....15 ........V4~U ~ ............... c:.,tIIID.llJ.................,..........,....... ~ .......,....... TIM \II......,....%W... NIC "'''1',... U(1<oI......C1)._........ 1W"Ii ....-.....-................. "'''''''' t ..AJ>......IlI......w..O'WO'- l'I"'..............~CIllidI; ..e..-.o. ad........... ..~........... ~.._....11. ....,. ,,- """..... """""" .............."'" AUO It.J11>U.1DIC "'1'" t.,.......er.iJta........... T_ . .4Jr.UQ OVWJMIT JU 2 UIIP 'ASfPlll (IEII. "'.II ,... 'fOIl........... ~...,S%9N1_ClIiI4l1lllJ1 WtalIIt)WI....,.......fOIII' --- r..............,.......rm...OlItlJaClD2 __,....................... ~~1hr:......,.CIWt),i2lIU. f......................_...........,.. .... "'f'-'-""Ir".~..-h~ 0.. -"""" ,....-............ ........ ,..", ~ rrNAItCB _ ... CIlAJI<D ..,.,.. )Lift. t11.11 .~ a~ SlUJ .......... """ -- -. ...... "". AJoDrftIAL NaC1I:HTAOH IATI.",WIW.,-w 2UJ.. CapItaIOne or r't.EASIQiTWNroRflON.IIE1.OWwmtPAnou:Jlt'T. .. 0000000 D 4388642061451190 13 141811001$001418414 "'-______........IoIoot_ ,.......1- WlI&... --- Due -...- -....... su"-n SU7Ul ~11.2l1Ql ., Cap,':.d OR.. hnk '.0. ,oa UH7 'l.1~b.__. '41 2UH Illl.lun'lltIU..,11111,nlflU..JtIJ,HII,o."Il...nIUI - C:iiJ"~-~.'--"- '.~"'.-.... "", ,. -- - - - - .- = -- .- - I9G257nt-aU146n. MlJ. 10 lOPeD. "YI:U I21.OWll'IJ:U) 401 S 1'&_n SRiPUIOQUM 'A 112S1 ofI'~' 11I11J11,.lIIMlld,lt.JI.tl.llnJlI",,,IJntll~Ir.IIUJ r ,.........4IUot~,-Uff _,..didooo'-*T....~"'t;I/IJItII""'&.l...-u......~,. --_.1--~ VERIFICATIQN The undersigned does hereby verify subject to the penalties of 18 P A. C,S, 4904 relating )\&.f\ . (( lll0'\v\ (NAME) of r.A/~j D;1e Bal1(,plaintiffherein, that , (COMPANY) to unsworn falsifications to authorities, that he/she is ~ITLE) 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 ofhislher knowledge, information and belief, , ~ v (SIGNATURE) WWR# Dqq UO! '- - t~ 5 IN THE COURT OR COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Civil Action No: 06-703 Vs. VERA BROWNFIELD Defendant EXHIBIT -L- 80~ (A \.o~ (jl\ .. ANSWER 1. Admitted 2. Admitted 3. Admitted 4. Denied. Defendant denies that the said aedit card had a current balance due of $2,4568.60, as of January 20. 2006. and demands strict proof at trial. 5. Denied. Defendant denies that the entire balance as stated Is due and payable to Plaintiff. 6. Denied. Defendant denies that Plaintiff is entitled to 6% per annum on any unpaid balance. 7. Denied. Defendant denies that Plaintiff has repeatedly requested Defendant to pay any balance due. Wherefore, the Defendant requests that this Honorable Court dismiss Plaintiff's action with prejudice. V~B Vera Brownfield 1465 Trindle Rd Carlisfe,PA 17013 I . VERIFICATION The undersigned does hereby verify subject to the penalties of PA. C.S. 4904 relating to unsworn falsification to authorities. that he/she is Vera Brownfteld ~lr~f) -, '.\ ,~\ - '.' ~. t /~ , -~ ...-' ,-,.I..V,.I...J. '-a.~e: r'.L...LU.l- 2006-00703 CAPITAL ONE BANK (vs) BROWNFIELD VERA Ref"lrence No" : Case Type"",: COMPLAINT Judgment, , , , , , : , 0 0 Judge Assigned: Disposed Desc, : ------------ Case Comments ------------- Filed. , , , , , , , : Time"""", : Execution Date Jury Trial.." Disposed Date. Higher Crt 1,: Higher Crt 2,: 2/03/2006 2:25 0/00/0000 0/00/0000 ******************************************************************************** General Index Attorney Info CAPITAL ONE BANK 6851 JERICHO TURNPIKE #190 SYOSSET NY 11791 BROWNFIELD VERA 1465 TRINDLE ROAD A CARLISLE PA 17013 PLAINTIFF WARMBRODT JAMES C DEFENDANT ******************************************************************************** * Date Entries * ******************************************************************************** 2/03/2006 3/03/2006 COMPI.AINT - CIVIL ACTION - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - _ _ _ _ ------------------------------------------------------------------- 3/08/2006 SHERIFF'S FILE RETURNED FILED, Case Type: COMPLAINT & NOTICE Litigant,: BROWNFIELD VERA Add~ess.,: 1465A TRINDLE ROAD Cty/St/Zp: CARLISLEi PA 17013 HnCl To: VERA BROWNF ELD Shf/Dpty,: SWO~ LANTZ Date/Time: 03 02/2006 0950:00 Costs",,: $3 ,40 Pd By: WELTMAN WI ---------------------------------_. ANSWER BY VERA BROWNFIELD - - - - - - - - - - - - - - LAST EI Re; **********************************************, * Escrow Infor~i * Fees & Debits Beq Bal Pvmts/l ********************************~*************, C0..4J v--LfUCt;/- h?t ~ ~ L-P'f'l cf- ~ f1J1.C,c.re-r_ **** * * If*** COMPLAINT 35,00 35, ( TAX ON CMPLT ,50 < SETTLEMENT 5,00 5: ( AUTOMATION 5,00 5, C JCP FEE 10,00 10,( ---------------------- 55,50 55, =_ ,vv ******************************************************************************** * End of Case Information * ***********~******************************************************************** RECEIPT FOR PAYMENT ------------------- ------------------- cumberland County Prothonotary's Office Carlisle, Pa 17013 Rece~pt Date Rece:j.pt Time ReceJ.pt No. 5/04/2006 14:29:13 177455 Case Number 2006-99999 (VS) Received of PD WELTMAN WEINBERG & REIS IM Total Non-Cash"", + Total Cash" ""'" + Change, , , , , , . , , , , " - Receipt total...... = 1. 00 ,00 ,00 1. 00 Check# 8328457 ------------------------ Distribution Of Payment ------------------------ Transaction Description Payment Amount COPIES 1. 00 CUMBERLAND CO GENERAL FUND 1. 00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION CAPITAL ONE BANK, ) ) Plaintiff, ) ) v. ) NO.: 06-703 ) VERABROWNFffiLD, ) ) Defendant. ) PLAINTIFF'S FIRST REOUEST FOR ADMISSIONS AND REOUEST 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. Tbese 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 ofthe 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. In these Requests for Admissions: BIT 7. A. The word "oerson( 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 oerson(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 oerson 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 oerson(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 oerson(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. REOUEST FOR PRODUCTION OF DOCUMENTS I: 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. REOUEST 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. REOUEST FOR ADMISSION NO. I: Defendant has made no payment on the credit card since January 3, 2003. Admitted Denied If the answer to Request for Admissions No. I is "denied", then supply specific written documentation supporting the denial. REOUEST FOR ADMISSION NO.2: Defendant applied for the credit card referenced in Plaintiff's Complaint. Admitted Denied If the answer to Request for Admissions No.2 is "denied", then supply specific written documentation supporting the denial. REOUEST FOR ADMISSION NO.3: The attached monthly statements, from July 14,2002 through September 13,2002, correctly identify the payments, charges, and balances on the account. Admitted Denied If the answer to Request for Admissions No.3 is "denied", then supply specific written documentation supporting the denial. REOUEST FOR ADMISSION NO.4: The current balance due and owing to Plaintiff by Defendant is $2,458.60 as of January 20, 2006. Admitted Denied If the answer to Request for Admissions No.4 is "denied", then supply copies of canceled checks, both front and back, and/or if not available, specific written documentation supporting the denial. REOUEST FOR ADMISSION NO.5: 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.5 is "denied", then supply copies of specific written documentation supporting the denial. REOUEST FOR ADMISSION NO.6: Defendant received the attached monthly statements addressed and sent to her current address Admitted Denied If the answer to Request for Admissions No.6 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, ~cdf:~ Hol y C. Christian, Esquire Pa. 1.0, #94496 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh A venue Pittsburgh, PA 15219 (412) 434-7955 WWR: 04966838 CERTIFICATE OF SERVICE A true and correct copy of Plaintiff's First Request for Production of Documents and nJ Request for Admissions has been served by U.S. Mail, on the n..=... day of ~ 2006, upon the following: Vera Brownfield 1465 Trindle Road Carlisle, PA 17013 By: C. Christian, Esquire VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, she is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to her 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 pleading, and that the facts set forth in the foregoing pleading are true and correct to the best of her knowledge, information and belief. Date . CERTIFICATE OF SERVICE A true and correct copy of the within PlaintiWs Motion for Summary Judgment has been served by U.S. Mail, Postage Pre-Paid, on Qqtb.- of :5Jj ,2006 upon the following: VERA BROWNFIELD 1465 TRINDLE RD A CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, Case No.: 06-703 vs. VERA BROWNFIELD, Defendant. ORDER OF COURT AND NOW, to-wit, this _ day of . 2006, upon this Court's consideration of Plaintiffs Motion for Summary Judgment, IT IS HEREBY ORDERED. ADJUDGED AND DECREED that said Motion is GRANTED and Plaintiff is awarded judgment against defendant Vera Brownfield in the amount of Vera Brownfield in the amount of $2,458.60 as of January 20, 2006 with interest at the legal interest rate of 6% per annum from the date of judgment for a total of $2,590.54, and costs. BY THE COURT J. - ('") 'i ~ ~ t;: ~~ I.,: ~.i.. =<:1'" ..a ~~ :Jll" :1'1.:8 ::s: - ~~ ~ i PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in dtJpJ ;".ate) C4C(c,C:~-38 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter far the next Arg\:Inent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption IMISt be stated in full) Cc.?~\ On.::. Be", l\ ( Plaintiff) vs. VQ.fO, Srot.<X)~dc\ (DefeIXlant) te. ~ 0 B Civil ~acc(.., 1. State matter to be argued (Le., plaintiff's IIDtion far new trial, defeIXlant's deturrer to canplaint, etc.): l1C'II1t\+.Q'S Ho'b'c.,() -+h- 2bYYlTYI(j CJud.c3~~ 2. Identify coonsel who will argue case: (a) far plaintiff: _-"-'-_'. v.'eIlmBn, WIInberg a ReI8 Co., L.P.A. toi&U.= 2718 ~ BIdg. 436 7l"A_ I'IIIIIIIu9I. PA 15219 (b) far defeIXlant: (412)434-7955 Address: ~ro Se.... 1<../(,6 l?-:rtcUe. kl,A Qrl,s\.Q (?..A 1":tO 13 3. I will notify all parties in writing within two days that this case has been listed far a:rgI.IleIIt. 4. Argunent Court Date: \LJ\~~ &wec, --....-...:11- Att far ~I o c: ?::. -oCi li.",l; ~~? .?.---. ZF..J, 'S., G\._ .~!. ,"r ., ,,?;:.r~:.. >~ :2 r-> = = d' (/> rn -0 \ C1' ~ -" ~ =i::n 1'n,' -orD ,.)0 ?3~.~, :~ -n i~\~!l ?D :<: - - N t.n '; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No.06-703 vs. STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT VERA BROWNFIELD Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF TillS PARTY: Patrick Thomas Woodman, Esquire Pa. I.D,# 34507 Weltman, Weinberg & Reis, Co. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#04966838 ~ - ., , ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs, Civil Action No. 06-703 VERA BROWNFIELD Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, Vera Brownfield, above-named, in the amount of $2,458.60 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $2,458.60 with continuing interest thereon at a rate of 6,0% per annum plus costs from January 20, 2006. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, Vera Brownfield, in the amount of $2,458.60 plus continuing interest thereon at the rate of 6.0% per annum from January 20, 2006 and costs. 3. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $120.00 due by November 30, 2006; (b) $120,00 due on the last day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full, .' 1 ., .. 4. All payments are to be made payable to the order of "Capital One Bank" 5, All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payment received shall be fIrst attributed to costs, interest and then to principal. 7, Time is of the essence ofthis agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiffs counsel any payment in full within fIve (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance ofthe Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is fInal and complete. 9. Intending to be legally bound, the parties set their hands and seals this 'Wday of NoV , 20 C)lp WELTMAN, WEINBERG & REIS CO., L.P.A. BY:~ ~lUo~' Patrick Thomas Woodman, Esquire Pa. 1.D.# 34507 Weltman, Weinberg & Reis, Co. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR No. 04966838 (J ~ t -p ...0 ~ . ~ C> C - r - t -cJ 0 ~ ~ ~ = P- c c::::> :;r 0'" 1 \'" -OCt, 0 :i! ~"r1 (';" \ fT1 rnp;! ).) ~ J:) ::7.-c ("") -om ~ ;2: t I ;.l~ S? ... ~ ':J.:} U1 '::;j~1; ~ c::;. \. ' -L ~; c_ :P" eS=p ~ .,'~( ) .~:~~:~ - orn - ~ "_:~ru ., -c.~ -' N ~ -< ~~" ," ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No, 06-703 VERA BROWNFIELD Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Or~ or Judgment was entered against you on ...D~r. !;" ,J~ I (xx) Assumpsit Judgment in the amount of $2,458.60 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 () Court Order () Non-Pros () Confession () Default () Verdict () Arbitration () Award (XX) By Consent Prothonotary Vera Brownfield 1465 Trindle Rd A Carlisle,Pa 17013