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HomeMy WebLinkAbout06-6799r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACJ OF COLORADO, LLC Plaintiff vs. HELE N V STONE Defendant No: 6tw E C COMPLAINT IN CIVIL ACTION FILED ON BEHALF' CF 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 05281620 C E Pit SGM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. Civil Action No HELEN V STONE 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 twerity (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing aiti 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 111 COMPLAINT 1. Plaintiff, CACV OF COLORADO, LLC is a corporation with offices at 370 17TH ST.,SUITE 5000 DENVER , CO 80202 2. Defendant is adult individual(s) residing at the address listed below: HELEN V STONE 336 E ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 5542851300539566 . 4. Defendant made use of said credit card and has a current balance due of $6474.23 , as of September 22, 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 6.00001 per annum on the unpaid balance from September 22, 2006 . A copy of Plaintiff's STATEMENT 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 , HELEN V STONE , INDIVIDUALLY , in the amount of $6474.23 with continuing interest thereon at the rate of 6.000% per annum from September 22, 2006 plus costs. JaA. Wrhtbrodt , 4 2 5 2 4 7?A T AN, WEINBERG & REIS CO., L.P.A. eventh Avenue, Suite 2718 t burgh, PA 15219 } 434-7955 412-338-7130 05 81620 C E Pit SGM This law firm is a debt collector empting to collect this debt for our client and any information obtained will be used for that purpose. a!!??),1 16 0 P U. Sox 660433, UeNas, I X 75266-0433 a oo % change of Address Below (two blow or black ink) Address PAYMENT MINIMUM BALANCE AS OF ACCOUNT DUE DATE PAYMENT 1212712004 NUMBER 01/23/05 6994.OD 66,34103 &%2-$313.WW956 City. State. Zip: AWKIM ' ENCLOSED (we blue or buck Ink) Horne Phorro. Work Phone N Make Checks Payable to Washington Mutual E-mail PROVIDIAN PROCESSING SVCS. HELEN V STONE 187387 P.O. BOX 660487 106 E NORTH ST DALLAS TX 75266-0487 CARLISLE PA 17013-2430 1111oil ltlrnll1rll,11 11,Illoll .lr.ll,Iloll r1Il,r6lrlr1Urnl lnllllmllloll .rrllr,11r,r11111r,1„11r11n11Ltt111nnll,l 5542851300539566 0099400 0634183 0002000 26 DETACH HERE ..0 „',u, C COLR9001 6192 0017 840 7 041227 Ps" 1 of 1 N 000 107387 Important AAessagss YOUR ACCOUNT IS PAST DUE. Please pay the minimum payment listed above immediately or call us at 1-800-280-9441. i Account Summary P1 5-4 r.n:SS u:: ?e_w -. .. oE'33Z .a,Q1Mill.dlYCMlYItl* -_... ., - .- = 1e..: x.q: EF'Yi: <:. :of9 4: `kf 4u ' ? u : .'+• _' "'C5?""?^''':?':?3•?.'y 3 - ` sf= •. , . . _ . Statement Date 12127104 .aa _ : ? .. .a a Credits & Payments ? .S£ y "m;0.00 Credit Line $6,845.00 Cash Advances + 60.00 s pariv: ?!'? 4iia' ire i:1.PT'::- =`: : M Available Credit for Cash Advances as of 12/27/04 $0.00 NEW BALANCE _ ;6,341.83 :._. _,.. it1::+Rli _ Transactions ran Post Date Date Description Reference Number Amount ?.. Deo 22 Dec 22 LATE PAYMENT CHARGE 0000 9.00 FOR BILLING ERRORS AND IMPORTANT INFORMATION, SEE REVERSE SIDE. Balance Category Average DaNy Periodic Annual % Finance Qtacs Dally 93alance Rate Rate (APR) Charges Terms Standard Pun;fiase - Current Cycle $5,831.09 .0657%` 23.99%' $126.42 Term 8 Standard Cash - Current Cycle $408.84 .0657%' 23.991/*' $8.86 Term 8 ANNUAL PERCENTAGE RATE this billing cycle: 2399% 'These rates many vary. For 24-hour Automated Account Information, please call 1-800-280-0561 or visit us at www.providian.com Your account Is Issued by Providlan National Bank, Tilton, NN, EXHIBIT il 0195 N MN0002 _ _ _ _ VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsifications to authorities that she is Dawn Rannells, Authorized Agent of CACV of Colorado, LLC, plaintiff herein, that 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 her knowledge, information and belief. Dawn annells This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. WWR# ( a 9' 16 2- 0 e ? ? w o? F C N G7 C=;o Q 3 C? CACV OF COLORADO, LLC Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HELEN V. STONE, Defendant : NO. 06 - 6799 CIVIL TERM. : CIVIL ACTION ANSWER TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. Defendant is Helen V. Stone, now known as Helen V. Yates, residing at 336 E. St. Carlisle, Pa. 17013. 3. Admitted. 4. Denied. Defendant has no knowledge as to the correct current balance. Strict proof is demanded. 5. Admitted in part, denied in part. Defendant admits that she has not made monthly payments. She has no knowledge as to whether the agreement states that the entire balance is immediately due and payable to Plaintiff. Strict proof is demanded. 6. Admitted in part, denied in part. Defendant denies that Plaintiff is entitled to the addition of interest at the rate of 6.00% per annum on the unpaid balance from September 22, 2006. Strict proof is demanded. 7. Admitted in part, denied in part. Defendant admits that she has not paid any requested balance. She has no knowledge or recollection of whether Plaintiff "repeatedly requested" her to pay such balance. Strict proof is demanded. Date: a, g W Respectfully submitted, D Ox? e Adams, Esquire 4 S. Pitt St. Carlisle, Pa. 17013 I.D. No. 79465 (717) 245-8508 ATTORNEY FOR DEFENDANT VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. fr. Date: p- hf l o? Helen V. Yates, fendant CERTIFICATE OF SERVICE AND NOW, this December 18`'', 2006, I, Jane Adams, Attorney for Defendant, hereby certify that a copy of Defendant's Answer has been duly served upon the PLAINTIFF by placing such in the custody of the United States Postal Service, via first class mail, postage pre-paid addressed to: James C. Warmbrodt, Esquire 436 Seventh Ave., Suite 2718 Pittsburgh, Pa. 15219 (412) 434-7955 Attorney for Plaintiff .e Adams, Esquire . No. 79465 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT CO SHERIFF'S RETURN - REGULAR CASE NO: 2006-06799 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS STONE HELEN V SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STONE HELEN V the DEFENDANT , at 1815:00 HOURS, on the 7th day of December-, 2006 at 336 E STREET CARLISLE, PA 17013 by handing to HELEN YATES (MARRIED NAME) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 Sworn and Subscibed to before me this day of , So Answers: ,4zs R. Thomas Kline 12/12/2006 WELTMAN WEINB G RE By: Deputy Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff, VS. HELEN V STONE, Defendant. Case No.: 06-6799 CIVIL TERM MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Patrick Thomas Woodman, Esquire Pa. I.D.# 34507 Weltman, Weinberg & Reis, Co. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR No. 05281620 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC, Plaintiff, Case No.: 06-6799 CIVIL TERM VS. MOTION FOR SUMMARY JUDGMENT HELEN V STONE, 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 $6,474.23 with interest at the interest rate of 6.000% per annum from September 22, 2006, 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 Plaintiff's Complaint. A true and correct copy of the Answer is attached hereto as Exhibit "B" and made a part hereof. 4. On or around March 27, 2007, 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 November 01, 2004; that she applied for the credit card; that the statements attached to Plaintiffs WWR No. 05281620 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 as of September 22, 2006, $6,474.23 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 $6,474.23 with interest at the legal interest rate of 6.000% per annum from September 22, 2006, and costs. Respectfully Submitted: By: `tea. /addeua--? Patrick Thomas Woodman, Esquire Pa. I.D.# 34507 Weltman, Weinberg & Reis, Co. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 05281620 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ACV OF COLORADO, LLC Plaintiff No: P ?[u? vs. COMPLAINT IN CIVIL ACTION `IE SEAT V STONE 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 05281620 C E Pit SGM EXHIBIT , I A I- r "DOD }}44? A ^CZ t i V +r» - < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. Civil Action No HELEN V STONE 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 NitZ 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, CACV OF COLORADO, LLC is a corporation with offices at 370 17TH ST.,SUITE 5000 DENVER , CO 80202 . 2. Defendant is adult individual(s) residing at the address listed below: HELEN V STONE 336 E ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 5542851300539566 . 4. Defendant made use of said credit card and has a current balance due of $6474.23 , as of September 22, 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 September 22, 2006 . A copy of Plaintiff's STATEMENT 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 , HELEN V STONE , INDIVIDUALLY , in the amount of $6474.23 with continuing interest thereon at the rate of 6.000o per annum from September 22, 2006 plus costs. Ja. ar rodt,42524 WE T WEINBERG & REIS CO., L.;?.A. 4 6 eventh Avenue, Suite 2718 P tt burgh, PA 15219 41 ) 434-7955 : 412-338-7130 05 81620 C E Pit SGM This law firm is a debt collector empting to collect this debt for our client and any information obtained will be used for that purpose. VERIFICr:TION The undersigned does hereby verify subject to the penalties of 18 PA.C.S Section 4904 relating to unsworn falsifications to autaorities, that he/she is (Name) of (Title) (Company) 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. (Signature) 05281620 C E Pit SGM This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. PAYMENT MINIMUM BALANCE AS OF ACCOUNT DUE DATE PAYMENT 1211 NUMBER PU. Box SUM33. Dabs, lx7SM-U33 01nSro5 $994.00 ?6,34t B3 5542-8513-W53-9566 todlcale Chenille of Ad**" Belay (use We or black trdcl AMOUNT ENCLOSED (use We or black 1* Address Apt City. smote. Zro: $ 0001-710 . {10 Horne Phone. Work Phone. N Make Checks Payable to Washington Mutual 000 E-Mel PROVIDIAN PROCESSING SVCS. HELEN V STONE 187397 P.O. BOX 660487 106 E NORTH ST DALLAS TX 75266-0487 CARLISLE PA 17013-2430 illrritlrlrlllllrlirtrlitrllrllrlrtllrllrirrrll?tlrirlllll?,rt Irrtllltrtlllrrrrr?llrrlltrrltl,Il?lr,llrlir??lirrrtlt???rilrl 5542851300539566 0099400 0634183 0002000 26 DETACH HERE •, e „ru C COLR9001 6092 0017 046 7 041227 Pave 1 of 1 N 040 107397 Important Messages YOUR ACCOUNT IS PAST DUE. Please pay the minimum payment listed above immediately or caN us at 1-800-280-9441. s, Account Summary N&MV-051-1 OEM. Statement Date 12127104 Credits & Payments - $ 0.00 7;d u :. .. Credit Line $6,845.00 Cash Advances + $0.00 -k r ilgj- :g w Available Credit for Cash Advances as of 12/27/04 $0.00 NEW BALANCE _ $6,341.83 w Transactions eeia Tran Post Data Date Dascrt lion Reference Number Amount Dac 22 Dec 22 LATE PAYMENT CHARGE 0000 ag 00 FOR BILLING ERRORS AND IMPORTANT INFORMATION, SEE REVE .... RSE SIDE. Balaws Category Average Daily Periodic Annual % Flnsrce Grace Daily Balance Rate Rate (APR) Charges Terms Standard Purchase - Current Cycle $5,831.09 .0657%` 23.9976` $126.42 Term B Standard Cash - Current Cycle $408.84 .0657%* 23.99%' $8.86 Term 8 ANNUAL PERCENTAGE RATE this billing cycle: 23.99% 'These rates may vary For 24-hour Automated Account Information, please oall 1-800-280-OW or visit us at www.providtan.com Your account Is Issued by ProVidian National Bank, Tilton, NH. ExHIBIT 0195 NMN0002 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsifications to authorities that she is Dawn Rannells, Authorized Agent of CACV of Colorado, LLC, plaintiff herein, that 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 her knowledge, information and belief. This law frfin is a debt collector atopi g to colterth o"lient and any in#arrnat?v?- otitainedrwhi ?be used or pur . ;: CU WWR# d-5 CACV OF COLORADO, LLC Plaintiff V. HELEN V. STONE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 6799 CIVIL TERM : CIVIL ACTION ANSWER TO PLAINTIFF'S COMPLAINT 1. Admitted. Cn co = a 7 - rya 5 1 1 -z c 2. Admitted. Defendant is Helen V. Stone, now known as Helen V. Yates, residing at 336 E. St. Carlisle, Pa. 17013. 3. Admitted. 4. Denied. Defendant has no knowledge as to the correct current balance. Strict proof is demanded. 5. Admitted in part, denied in part. Defendant admits that she has not made monthly payments. She has no knowledge as to whether the agreement states that the entire balance is immediately due and payable to Plaintiff. Strict proof is demanded. 6. Admitted in part, denied in part. Defendant denies that Plaintiff is entitled to the addition of interest at the rate of 6.00% per annum on the unpaid balance from September 22, 2006. Strict proof is demanded. 7. Admitted in part, denied in part. Defendant admits that she has not paid any requested balance. She has no knowledge or recollection of whether Plaintiff "repeatedly requested" her to pay such balance. Strict proof is demanded. Respectfully submitted, Date: f *K4 Adams, Esquire Pitt St. Carlisle, Pa. 17013 I.D. No. 79465 (717) 245-8508 ATTORNEY FOR DEFENDANT fHiBIT w) to VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: i D L Helen V. Yates, endant CERTIFICATE OF SERVICE AND NOW, this December 18', 2006, I, Jane Adams, Attorney for Defendant, hereby certify that a copy of Defendant's Answer has been duly served upon the PLAINTIFF by placing such in the custody of the United States Postal Service, via first class mail, postage pre-paid addressed to: James C. Warmbrodt, Esquire 436 Seventh Ave., Suite 2718 Pittsburgh, Pa. 15219 (412) 434-7955 Attorney for Plaintiff e Adams, Esquire . No. 79465 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CACV OF COLORADO, LLC, Plaintiff, V. NO.: 06-6799 CIVIL TERM HELEN V STONE, Defendant. PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS 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. E?CHiBi? C 7. In these Requests for Admissions: A. The word "person(s)" all entities, and, without limiting the sons, joint owners, associations, companies, generality of the foregoing, includes natural p ?eans partnerships, joint ventures, trusts, and estates; B. The word "document(s)" eans all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, ho ever produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identi "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 rson 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", " to a date, subject matter, name(s) or person(s) participated in the creation of the same, the nan name(s) and address(es) of each person who document(s). If any such document was, but is or in existence, state the date and manner of its ( rtify" "identification", when used with respect wrote, signed initialed, dictated or otherwise of the addressee or addressees if any and the ve possession, custody, and control of said longer in your possession, custody, or control, osition; and E. The word "identify", v alleged offense), occurrence, statement, or cond to (1) describe the substance of the event or eve when such act occurred; (2) identify each and identify all other person(s) (if any) present when notes, memoranda, or other record of such act exists; and (6) identify the person(s) presently record. i used with respect to an act (including an (hereinafter collectively called "act"), means constituting such an act, and to state the date ry person(s) participating in such an act; (3) h act occurred; (4) state whether any minutes, Ls made; (5) state whether such record now ving possession, custody or control of such 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 Docum supplemental answers and documents if any infor the filing of responses hereto, which information answers and documents produced had it been knc documents provided pursuant hereto were produi and documents by supplemental answers and information becomes known or available and in al zts shall be deemed continuing so as to require ation of documents are acquired subsequent to )r documents would have been included in the vn or available at the time the answers and the ;d. Defendants shall supply such information production of documents as soon as such events, prior to trial of this action. If objection is made to any requests for requests for which there is no objection be answ All documents identified in response with the request to which it pertains. For all uction of documents, it is demanded that the and fumished within the aforesaid period. shall be organized and labeled to correspond cents 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 ex?st 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 the credit card referenced i? Plaintiffs Complaint. I I Admitted Denied If the answer to Request for Admissions No. I is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 2: The attached monthly statements, from August 22,, 2004 through December 21, 2004, correctly identify the payments, charges, and balances on the account. Admitted Denied If the answer to Request for Admissions No. 2 is `ddenied", 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 November 01, 2004. 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 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: $6,474.23 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. am C. Warmbrodt, Esquire N 42524 an, einberg & Reis, Co, LLC j opp s Building Av ue r PA 15219 O 281620 01, PO.TMW LINIM to Accom bW CATO FAVOW alow o f !Q waala'A.a,IB.TORWAIN OIM.aCrPMMi„a MWINMOMwMNciif IOCCPpM 1Y?wMd41 ?. T :c aa ar _ N wtr arytll.,sawuwan l17Mr10M . +mt-ww? _ _ ?M 611.k PRGM?IANP110irT?8lNbt)1tDA QEOXs104i? 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UAAOMWrISPABYWL PWMpry1!4MirnmmPARMdAwm aWuaKt-1004 41441. *9AftUINkFJX t9ANDt#/WAfffW MMATl M.KlAC1fER>rfalDB. u C l r • 9 a an + Pry AvWmpa Q* PMit+dW A14ma% Filsnep QrUOF 006 OWuw P1aos W t Rob IA GMogn TtrJtu awdaW PwGba" • Cumnt Cv* IWOLD1 .OBSJ%• iuft swil Tstfi 8 9tmdea0ss1?-GYrlvntt?pY SAM* mm, ti.817ti izea TahnD MNUAIPERCfMiA6EliA mcow til % •ff?Os?+ d?n vu? Far tMlo'+AuanurW Aocaillldflrrlgn, Plrw aM 1-@00•pBOG/il mgeti rs a1 iww.pr ?can . roue aoommtts?uva ? aewl?LnlN?lo,+.t 8?ak.'15?+. F?1. 9 •d-9SCS 'ON 'S33IAUS QJVD lb(11nA N019NIHso AVLS:9 L001 '9 ID CERTIFICAT OF SERVICE I A true and correct copy of Plaintiffs irst Request for Production of Documents and Request for Admissions has been served by U. . Mail, on the 27 day of 6vtl 2007, upon the following: Jane Adams, Esquire 64 S. Pitt Street, Carlisle, Pa. 17013 VERIFICATION The undersigned does hereby verify sub ect 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 y 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 acts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and b lief. I XZ-c Ad ;v for Plaintiff W WR No. 05281620 CERTIFICATE A true and correct copy of the wi in Plaintiff by U.S. Mail, Postage Pre-Paid, on 23 day of 1 Jane Adams, Esquire 64 South Pitt Street, Carlisle, Pa. 17013 SERVICE s Motion for Summary Judgment has been served 2007 upon the following: By: e aw /ltiyread u arwe..._ Patrick Thomas Woodman, Esquire Pa. I.D.# 34507 Weltman, Weinberg & Reis, Co. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR No. 05281620 {?: ~ j ?_? _- ". _?? . "a ??? _ ? :I`? ?.? ?...?? _ .... _ __...,. 1 _. J r,] 1 _i?7 .? ?. -? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff VS. HELEN V. STONE Defendant No.06-6799 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT, ESQUIRE P.A.I.D.# 42524 WELTMAN,WEINBERG & REIS CO L.P.A. 436 SEVENTH AVENUE, SUITE 2718 PITTSBURGH, PA 15219 (412)434-7955 Fax: 412-338-7130 WWR#5281620 i,+ IN THE CQURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff VS. HELEN V. STONE Defendant Civil Action No. 06-6799 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Ju upon the consent of the CONSENTED TO: WELTMAN, By: Attorney against Defendant, HELEN V. STONE, in the amount of $6,474.23 plus costs, based & REIS CO., L.P.A., HELEN V. STONE, By: Defendant -OV Y , I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff VS. HELEN V. STONE Defendant i TO THE PROTHON07 Kindly enter Jw the amount of $6,474.23 Consent, as follows: Civil Action No. 06-6799 CIVIL TERM STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT in favor of Plaintiff and against the Defendant, HELEN V. STONE, above-named, in nt to the Stipulation of the Parties for Payment and for the Entry of Judgment by 1. Defendant admits indebtedness to Plaintiff in the amount of $6,474.23 with continuing interest thereon at a rate f 6.0% per annum plus costs from SEPTEMBER 22, 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, HELEN V. STONE, in the amount of $6,474.23 plus continuing interest thereon at the rate of 6.0% per annum from SEPTEMBER 22, 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 i full by 12:00 NOON on the following dates: (a) $205.00 due by 07/31/07; (b) $201.00 due on the last day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. ' " Ill.. - 1 l . 4. All payments are to be made payable to the order of "CACV OF COLORADO, LLC" 5. All paym nts due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2718 Kopper Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is o the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered h reunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any o her excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is coal and complete. 9. Intending to be legally bound, the parties set their hands and seals this , ?day oL- 20-6'7 . WELTMAN, WEINBERG & REIS CO., L.P.A. By: JAMS . WARMBRODT, ESQUIRE P.A.I.D.# 2 24 WELTM N EINBERG & REIS CO L.P.A. 436 SEV$N H AVENUE, SUITE 2718 PITTSBUR H, PA 15219 (412)?j 4-7 55 Fix: 12-338-7130 V? No.5281620 By Sa '? _ a 1'., 1 11 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO LLC Plaintiff VS. HELEN V. STONE Defendant Jane Adams, Esquire 64 South Pitt Street Carlisle, PA 17013 Civil Action No. 06-6799 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on /o (xx) Assumpsit Judgment in the amount of $6,474.23 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 By: /Sl K . PROT ONOTARY (OR D UTY) , X6 R! OF ?- 2010 MAR 23 A 110: 16 C,!;. i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. HELEN V STONE Defendant(s) No. 06-6799 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA I.D. # 205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7999 WWR#5281620 TIC 48.00 po 1krr/ C& 4?4 r olq-T P0 a3q 3/8 IN THE COURT OF C?MMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO, LLC Plaintiff vs. HELEN V STONE Defendant(s) PRAECII At the request of the undersii!r Civil Action No. 06-6799 CIVIL TERM FACTION OF JUDGMENT attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAJ, WEINBERG & REIS CO., L.P.A. By: ds y Rowland, PA I.D. # 05520 LynWELTMAN, WEIN 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7999 W WR #5281620 Sworn to and subscribed before me this t _ day of M ch,10 OTARY P LIC ?uwiwiurvwt- ?t.i j-I i?F^ 1-?'ENf?SYirVANh4 Nota?i;21 ? ar I Sheila G oevan, i City r,r, N -j jjluily ;anty r -x0ir c J;w.15, 2010 uire G & REIS CO., L.P.A.