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HomeMy WebLinkAbout2009-34 CAPITAL ONE BANK (U.S.A.), N.A., : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA : : V. : : ANNIE A. KROL-KNIGHT, : DEFENDANT : 09-0034 CIVIL TERM IN RE: PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO, J. AND MASLAND, J. OPINION AND ORDER OF COURT Masland, J., October 15, 2010:-- Before the court is the summary judgment motion filed by Plaintiff, Capital One Bank (U.S.A.), N.A., against Defendant, Annie A. Krol-Knight. For the reasons stated below, Plaintiff's motion is denied. This is a collections matter arising from an allegedly delinquent credit card account. Plaintiff initiated this matter by filing a complaint against Defendant. In response, Defendant, representing herself, filed a timely answer to the complaint. Plaintiff characterizes the answer as a general denial, which it is not. Instead, Defendant's answer addresses each paragraph of the complaint individually and admits or denies the allegations contained therein. Relevant here, she denies the allegations in paragraph four of the complaint where Plaintiff avers the amount allegedly owed. The Defendant stated, “[a]ccount amount is not correct and is believed to have been over inflated.” Ans. at ¶4. After receiving Defendant's answer, Plaintiff served a request for admissions on Defendant. Defendant never responded to the request. Accordingly, Plaintiff asks us to deem all statements contained in the request to be admitted. We decline to do so. Generally, a failure to respond to a request for admissions amounts to an admission. Innovate, Inc. v. United Parcel Service, Inc., 418 A.2d 720 (Pa. Super. 1980). Here, however, 09-0034 CIVIL TERM Plaintiff's request for admissions simply reiterated, nearly verbatim, the allegations already contained in the complaint. In doing so, Plaintiff attempts to take a second bite at the default judgment apple. A request for admissions is a discovery tool used to clarify and simplify issues raised in prior pleadings in order to expedite the litigation process. Christian v. Pennsylvania Financial Responsibility Assigned Claims Plans, 699 A.2d 733 (Pa. Super. 1996). Such a request should not be utilized to overwhelm an unrepresented defendant with voluminous and unnecessary filings. As the record indicates, Defendant has already formally admitted or denied all the statements contained in the request for admissions in her answer to Plaintiff's complaint. Accordingly, the allegations are not deemed admitted. In light of our determination of the request for admissions issue, our resolution of the merits of Plaintiff's summary judgment motion is simple. Plaintiff sues defendant on an account stated claim. Where a claim is based on an account stated, “the account must be rendered, and the other party must accept, agree to, or acquiesce in the correctness of the account.” Target National Bank v. Kilbride, 10 Pa. D. & C. 5th 489 (C.P. Centre, 2010), available at 2010 WL 1435304, *492 (emphasis added). Here, Defendant disputes the amount owed. Ans. at ¶¶ 4, 5. Accordingly, a genuine issue of material fact is in dispute rendering summary judgment inappropriate at this time. Plaintiff's motion for summary judgment is denied. -2- 09-0034 CIVIL TERM ORDER OF COURT AND NOW, this day of October, 2010, the motion for summary judgment filed by Plaintiff, Capital One Bank (U.S.A.) N.A. against Defendant, Annie A. Krol-Knight is DENIED . By the Court, Albert H. Masland, J. Gregg L. Morris, Esquire 213 E. Main Street Carnegie, PA 15106 For Plaintiff Annie A. Krol-Knight, Pro se 71 Sherwood Circle Enola, PA 17025-1838 :saa -3- CAPITAL ONE BANK (U.S.A.), N.A., : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA : : V. : : ANNIE A. KROL-KNIGHT, : DEFENDANT : 09-0034 CIVIL TERM IN RE: PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO, J. AND MASLAND, J. ORDER OF COURT AND NOW, this day of October, 2010, the motion for summary judgment filed by Plaintiff, Capital One Bank (U.S.A.) N.A. against Defendant, Annie A. Krol-Knight is DENIED . By the Court, Albert H. Masland, J. Gregg L. Morris, Esquire 213 E. Main Street Carnegie, PA 15106 For Plaintiff Annie A. Krol-Knight, Pro se 71 Sherwood Circle Enola, PA 17025-1838 :saa