CREDITORS’ AND DEBTORS’ RIGHTS

Civil Procedure • Request for Admissions • Summary Judgment

Portfolio. v. Tannous, PICS Case No. 14-0385 (C.P. Northampton February 2014) Baratta, J. (8 pages).

There was no issue of material fact when defendant did not respond to plaintiff’s request for admissions in an action claiming default on a credit account. Plaintiff was entitled to judgment as a matter of law and its motion for summary judgment granted.

Plaintiff sought to recover the balance due on a charge account after defendant failed to make the required payments. The parties agreed to open a default judgment, and defendant filed an answer and new matter alleging estoppel, laches, waiver, and statute of limitations. After defendant failed to respond to plaintiff’s request for admissions, plaintiff filed a motion for summary judgment with the request for admissions attached as an exhibit. Defendant’s reply stated that there were genuine issues of material fact but did not specify any.

The court relied on Richard T. Byrnes Co., Inc. v. Buss Automation, Inc., 609 A.2d 1360, 1367 (Pa. Super. 1992), and held that defendant admitted to owing the money to plaintiff by failing to respond to the request for admissions, that there was no genuine issue of material fact, and that plaintiff was entitled to judgment as a matter of law.