HomeMy WebLinkAbout10-7301SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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T4 R y
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CIMBERLAND COUNTY
PENNSYLVANIA
Citibank (South Dakota) N.A.
VS.
John S. Paluscio, Sr.
Case Number
2010-7301
SHERIFF'S RETURN OF SERVICE
11/24/2010 06:27 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November
24, 2010 at 1827 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: John S. Paluscio Sr., by making known unto himself personally, at 5165 Wertzville
Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him
personally the said true and correct copy of the same.
SHERIFF COST: $41.50
November 29, 2010
DENNI RY, DE
SO ANSWERS,
RON R ANDERSON, SHERIFF
tct coun!ySuite Shepff. Ie'pos;tt_ (n;;_
12/19/2010 IS: 93 .PCK 003
t Ti 8A N/C (so u7-// PA Kc-rA ) e,4
d
JolrN - s - PA L uSC/0 /ej /Q - 7JO l
WHEREFORE: The Defendant respectfay requests that Phl Wfrs Complaint be dismissed and
the relief requested in Plaintiffs Complaint denied.
The Defendant verifies that llto statements made herein are true and correct hosed upon his
knowledge, mf nation and belief. The matemaats at made subject to the penalties of 18 Pa. C.$. Section 4904,
relating to ungworn falaiflcation to authorities.
John S. Pahlacio
5165 Welt wilie Road
Enola PA 17025
717-732-9697
Pro Sc Defendant
<-_ ct
CERTIFICATE OF SERVICE `? ?? o' '-?
MCO C=
The DefeudWs) HEREBY CERTIFY that on this JYaday of ?. , 20/ 6a c & crn? `t7
:Zrrl
rn-
forWing Pleading was mailed, firat-class, postage prepaid to: .,? 091,
Trenton A. Farmer, Esq. t a. 1
Bwton Neil & Asesciatca, P.C. ?-
1060 Andrew Drive, Spite 170 57c:
Went Chester, PA 19380 ,
610.696-2120
Attorney for Plaintiff
S. Ptthlscio
Se Defendann
W llot lament WU Pfd by ar with the SaoiSheSw of laeatbso K Mille, Baq, m aRat?oy Iioetw0 W ptatsks law in 1bt Stftf Ot' Marylrsd
Paonghva y PA &"uw Court Mm wr, 50033 sad MODYed by P=* A AMWW& , LLCMO%da & Assnctciates, LLP [CA, MWPwadS
& Amolsook MX Wq: plim 0004911-6761. Pawk & Aaodsto,1.T.C. repmmm this then in om-of-scut debt sw3 meat nepmkd nt?
btu no saw" Mm Psna6 3 Anewletes, LLC, will be entering on a"wnu in this ealion. Oppu ft wuwi should Send all aomnardowans
volua l to ads cm ditac* to dw Ddmdsxt, Am is apparieg Pre an.
2OU-12-13 1831 uu I co lnuiTU...
FILER OFFICE
OF THE PROTHONOTARY
20111 FEB 2 8 F l 1: 2"
;UMBERLA'ND COUNTY
PENNSYLVANIA
BURTON NEIL & ASSOCIATES, P.C.
By: Trenton A. Farmer, Esquire, Id. No. 209422
1060 Andrew Dr., Suite 170
West Chester, PA 19380
610-696-2120
Attorney for: Plaintiff
CITIBANK (SOUTH DAKOTA), N.A.
Plaintiff
V.
NOTICE TO PLEAD: You are notified to plead to the
within Plaintiff's Motion for Judgment on the Pleadings
within twenty (20) days of service or a default judgment
may be entered agajpst yotj?
Trenton A. Farmer, Esquire, Atty. for Plaintiff
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 10-7301
JOHN S PALUSCIO
Defendant
: CIVIL ACTION -LAW
Plaintiffs Motion for Judgment on the Pleadings
Plaintiff, Citibank (South Dakota) N.A., by its counsel Burton Neil & Associates, P.C.,
hereby moves under Pa R.C.P. 1034 for judgment on the pleadings against Defendant John S.
Paluscio in the sum of $7,522.02 plus record court costs of $133.50, for the following reasons:
1. The pleadings, which consist of the complaint and a statement from defendant which
was accepted as defendant's answer, are closed.
2. A true and correct copy of the complaint is attached hereto as Exhibit 1; a true and
correct copy of the statement / answer is attached hereto as Exhibit 2.
3. Defendant's Exhibit 2 statement / answer states: "WHEREFORE: The Defendant
respectfully requests that Plaintiff's Complaint be dismissed and the relief requested in Plaintiff's
Complaint denied."
4. By reason of the foregoing, defendant's Exhibit 2 answer admitted all the allegations
in the complaint under Pa. R.C.P. 1029(a) and (b).
5. Defendant's answer frames neither factual nor legal issues for trial, therefore any trial
would be a fruitless exercise.
WHEREFORE, plaintiff, Citibank (South Dakota) N.A., moves the Court enter judgment
on the pleadings under Pa. R.C.P. 1034 in its favor and against defendant, John S. Paluscio, in
the sum of $7,522.02 plus record court costs of $133.50 under Pa. R.C.P. 1034 as per the
attached proposed Order.
BURTON NEIL & ASSOCIATES, P.C.
By: <-' \ -
Trenton A. Farmer, Esquire
Attorney for Plaintiff
NOTICE: Burton Neil & Associates, P.C. is a debt collector.
V i cF I TED-OF 1= ICE
2010 t!0,1122 PM 12, 1 '
rU M CEf L ', k?0 coot; r
Burton Neil & Associates, P.C.
By: Trenton A. Farmer, Esquire ID. NO. 209422
1060 Andrew Drive, Suite 170
West Chester, PA 19380
(610) 696-2120
Attorney for Plaintiff
CITI13ANK (SOUTH DAKOTA), N.A.
701 East 60th Street N
Sioux Falls, SD 57117
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JOHN S PALUSCIO : NO.
5165 Wertzville Road, Enola PA 17025-1269
Defendant CIVIL ACTION -LAW
Complaint - Notice
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 (20) days after this complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or objections to
the claim 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. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
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 REFERENCE AND INFORMATION SERVICE
Cumberland County Bar Assoc.
32 South Bedford Street
Carlisle, PA 17013
Telephone No. 717-249-3166 or 800-990-9108
C-43194 COPY
_ _ .. EXHIBIT
Burton Neil & Associates, P.C.
By: Trenton A. Farmer, Esquire ID. NO. 209422
1060 Andrew Drive, Suite 170
West Chester, PA 19380
(610) 696-2120
Attorney for Plaintiff
CITIBANK (SOUTH DAKOTA), N.A.
701 East 60th Street N
Sioux Falls, SD 57117
Plaintiff
V.
JOHN S PALUSCIO
5165 Wertzville Road, Enola PA 17025-1269
Defendant
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
: CIVIL ACTION -LAW
Complaint
1. Plaintiff is CITIBANK (SOUTH DAKOTA), N.A., with place of business located at
701 East 60th Street North, Sioux Falls, South Dakota.
2. Defendant is John S Paluscio, who resides at 5165 Wertzville Road, Enola,
Cumberland County, Pennsylvania.
3. Plaintiff is a national banking association, engaged in various types of banking
business including consumer lending through the issuance of credit cards.
4. Plaintiff furnished consumer credit to the defendant by means of a(n) THE HOME
DEPOT credit card with account number ending in 4672 hereinafter referred to as the credit card
account.
5. Plaintiff kept accurate running records of all debits and credits to the account.
6. Plaintiff mailed to defendant monthly statements for the account including the billing
statement attached hereto as Exhibit A. The monthly statements accurately stated the previous
balance, the debits and credits to the account for the prior billing period.
7. Before plaintiff mailed Exhibit A, defendant had for many months made payments on
account of the billing statement or retained the statement without payment.
8. Defendant's actions as set forth above constituted an account stated between parties
for the sum of $7,522.02 which sum reflects the Exhibit A statement balance less credits, if any,
which were applied subsequent to the date of Exhibit A.
Wherefore, plaintiff demands judgment against defendant for the sum of $7,522.02, and
the costs of this action.
Burton Neil & Associates, P.C.
By:
Trenton A. Farmer, Esquire
Attorney for Plaintiff
The law firm of Burton Neil & Associates, P.C. is a debt collector.
Account Statement
Sand Notes cf Bakq Erma and Customer Service:
Cuswnsr Service Inclubias lo: myhorin depolaodouM.com Mailed pay a nYis1 be
HOME DEPOT CREDIT SERVICES or 1435646B-T6M3 Cad by M P
ho, PO BOX 653000, DALLAS TX 75265-3000 Account: ? 4672 FEBRUARY 17, 2010
ClosMy Date Hod Cloakq Date Credit Line Credit Available Payment Due Date MItWIwm Payment Due
JANUARY 20. 2010 FEBRUARY 17. 2010 so.w 50.00 FAR WRY 17.2010 .OD
Opsnklp Balance Psymems 6 Credits PurohasOWOthw Charges FINANCE CHARGES Now BaMAp
RevoMnp Bslsrtost 5726176 $0.00 $39.00 M026
$7
522
02
Promotion Balance 5o.00 - $O.OD + 50.0D + $000 .
_
.
$0.00
Total Balance 57202.76 $0.00 $39.00 $20020 $7,522.02
t ' Bdanca inehlde e W-wamion Phe Proswlions that haves ' ed.
CURRENT ACTMTY Transaction Date LocaUDNTra rnacHam Amount
Your late fee was based on an account balance of $7,262.76, which was your account balance on the ate fee transaction data.
SEE BACK OF STATEMENT FOR INFORMATION ON GRACE PERIOD AND PROMOTIONAL OFFERS.
z z
Z
Il
_N z
z
O I
Z
I
z
z
z
z
01115 LATE FEE
0120 'BILLED FINANCE CHARGES'
39.00
20025
ANNUAL PERCENTAGE RA on v .. : It 29.99%-
•• The'ANNUAL PERCENTAGE RATE on the aoceunr inobdee a tranaaclbn and pariodic f6.w doge Mgceed this biling pe kid on all balances on which liry ch"m wen imposed.
Faurrse clmw may be accmirq on prcmoliorW balances end may be biW to Ya eccourd under ftu lerrrra d the Promotional after. ROW ro the conesrronding APR for the APR Thal appllas to
each balance.
FINANCE CHARGE SUMMARY Balance Cmreapondng Days in Periodic Odw
Subjacl b oak ANNUAL Billing FINANCE FINANCE
F_ l Cnrce Pmwdic Rant PERCENTAGE RATE Period CHARGES CHARGES
Cunvi BMNnp Pvelod
MAJOR PURCHASE PLAN $5.979.30 0.09216% (M) 29.99% 33 $153.99
REGULAR REVOLVE CREDIT PL/N1 $1.707.10 0.09216% (M) 29.99% 33 W28
Please note: Due to new regulatory mandates, our
promotional offers for purchases over $299 must change.
Starting February 22, 2010, any eligible purchases posted
to your account will require a minimum monthly payment.
TMs Account Issued by Citibank (South Dakota), N.A.
Page 1 of 2
---------------------------------------------------------------------------------------------------------------------
I'm Please detach have.
Your Account Number Nsw Balance Payment Due Dabs Amount
'
X4672
$7,522.02
FEBRUARY 17, 2010 Past Due
$1,905.00
$22
20 00
Make Checks Payable to:
HOME DEPOT CREDIT SERVICES
KBAVHDt s WMM 22W41 A
tv
p 1?l11Ilylltl?'IIIIId??1111t11??1ulI1?1'nlrln????l+l'?fIII?R
JOHN S PALUSCIO
5165 wERTZVILLE RD
ENOLA, PA 17025-1269
Prim address clonges above in blue m black ink
Minimum Amount 11 Payment Due Enclosed
s
Startit5p February 22. 2010, minimum
monthly Payments am required an
now prott10t1attal pure" W".
HOME DEPOT CREDIT SERVICES
PROCESSING CENTER
DES MOINES, IA 50364-0500
11111 11111 IIIlIIrIIJIJ III if 111111 Jill 11111 1111111111
EXHIBIT---ft-
InfonNRblen About Your Account
• TOUR ACCSiW IS BUD RT ISIIIANN (SOUTI WkOTA), ILL
• BALANCE M MT TO FMAIMi Cn E
YMIO-EYMAVMWEMARY ULANCE(RCUMMNEWTMWACnOal HWhodC.Iftheperiodicrate
Wallin the Filrct Charge Summery Section d this statement is khmd y a •C•, we igre a Lion el
the finance clone on your accused each day by mdtfptyrng the daily, balance for each balance each
Chase plea purchases) by t INplifibk day pr?tNi e?tk do C" plan c and other this each ddaiy dtIke MNng Pulled, the ClMilq Dale. In additive. for each balamx in multiply The daily halm for each day of the pevF
ON Mbg Paled by the appkAMe any PWM& rat4 unless your account was ndMee Tor live amaarl
related to qd tie grace period on pardlaes (disallow below in the ratio r tkied the Graff Period an
PurcbMW r 4prioic rmon charge wt *a* Wed on that bdatee 10 get the duty balance, we lobe
the iepbagimmil Bree carse n le ere race. ve adrv ay, add" now p"d""` lam, and any finance charge an
adjust-
lo credited a
ments. A credit blotto is traded a a holes* N are. The Balances S *Ad nhaltk?. and hank der ver,
ts. FirerlmChange arctkaver
apes at tut respective dally balances; durlq Ik applicable billing perhajiods E you mdtiply the curved cycle
Balance Sallied to tiNena OW" by Me WaOer of days in tk blbg period old by the applicable dry
PerbMk Yak aid yen mwo (k Cycle kbKt Settled b HUNCt C Mrge (11 arreWN shied to
a Iguana dnagW bribe m INI@ of days k gal filing period and by theappRabk duly perodic mk, and
add than two Owes wpft any restdl all be the periodic finance charges asessad for that balance,
except for 'WOW violations eased by rordbq,
APEWE OMV BALANCE (IOM MM NEW TMISACTWO-MethM L It the periodic rate listed in I le
Flown Clients Summary Section of tels "met is followed loci a V. we"a portion of the fiance
charge an your aewM won day by muNlpe(iq the ally balance tar each balance kg. a" purchase sub-
ied to proupolhanal lame, alter "Jar tno m credit plan Purchases and other major purchase pan Par-
dusm) or Ina applicable dry periodic nee. We do INS each day of Ibobi" ported, ioclnrding the Closing
Date to 9sl Ile dry balance, we take [be beginwime balance tar each balance every cat, add try new pur-
chaser ant any finrot chrge an the pevion days balance, subtract mgr credits or p;na ;M wedded as
of Usat day, and make other a;astmcnts A credit balance 4 treated as a balance at zero. The lataltes
Sebied to Finance Cage are the averages of the respective daily balances &a* the billing period. It you
mull o or thisigre for each balm by the rember of days in the Mlkp tiriad and W he applicable daily
Prb1k Yak, the nand wW be the periodic Mince charges assessee it led balance, except fir rrdax Yai-
albfm Wsed by tams o
- AMENAOE OANY YIAIM MMOOMG NON TRANSACTIOIISHiAsaw L N the periodic rate listed in the
rlnlKt Omrgt SWO" Section al this NWmred is followed by anT, we use the Moving calculation
method to gel the Olllke Sullied to Finance Charge lr each balance (e¢. ern pennant subject to Pro•
rnaUWM isms. rmr ngrar revolve M40 Plan purCRam and dew major Purchase pipe purchases) we
take the INgfrnNiq balance Iribat banmm every ay (Indicating Brlnce charges imposed in previous wag
PKICK adddd any New Pmc%Uek seMrad any credits or payments credited as of that day, and make other
adpslmeals. A credit balance is (noted As a balance of too. Ins gives us the daily balance we add up an
Ue duly helarces far 110 0959 Period (Including the balances on the Cbalog Bald and divide by the IoW
wmbsr d days in tee billing period This Ones us the balance Subject to Finance Charge for that balance.
We Ii a prtnn d yew linaNce cho en transactions subject (a fir calphWion method by makipir
ing Ile eppkabk monthly periodic rale fir Thal balance y the Balance Subjed to Finance Charge (indud-
iq new trwsacbnsl
AYDAN IA" MANGE Ol>OCLYMNG NEW TRANS4CflONS)'MMW C If the periodic rate listed in the
Flhace Cage Summary Sectloa of the ddwr*M is followed by a Tf•, we awe inn fdlosing calculation
mdhol. k get the Baanse Subjed to riesom Charge for each balance fog, each purchase subied to pro
notiwd terra, *w mauler revolve ova plan purchases and other moW pwdase plan purchases) we
take t t bt g* klmce WOW!: bYame every dry and subtract a y aetllls r paymmds ttMhdaof
that dry NW U*Md Inane dw4es We do not addle Arm Purchases A nedl balance is irealed
a a Wang d nice his pleas us ten day baMrm We add up r thaddy lalmm for the MWNg period
tmdniag lk bekrca w Ile Ck*n Datd and dMde by the halalmanrkr al dare lo lk biling period this
giros es the BaiaNCe Subjed io tkm= Charge sor that baknce We Btte a prlim of yw 5wr t chrge
on Iransadbrm urbject to this calculation method by multiplying the applicable mrihly periodic rate for
that Learn by the Ialann Subject to Finance Charge (excluding now, ttransactional.
ATCRAGE WILY NALAOM (MCIYDMG NEW TIANSAC WNS N&00 L 11 the Periodic rate listed ki I he
Finance Charge Summary Section d this stalemeM Is followed by in'l V. we use [he following calculation
method, lb tee. the Balance Sthbied to Finance Char ge for to* balance kp. each Purchase subject to pro-
motfera 1110%. dear regular revoke oiedE pan purchases and other mmahr purchase plan p schwes) we
tale the kgioNnq balance far that bdwKl every 1101, 40 any new Purchases, and stbtrad any Credits or
Payaenh railed es Of Ind day and ray unpaid lrtarce charges A craft balance is treated as a balance
of zero This Own to the daily balance Wr add up all the daily bahrnCes for to billing period (including the
batem'" an If* Closing Daft) and divide by I t total number d days in the billing period, This gives a the
aafeae Sobjocl to Ni si nce Charge for INA Isolates. We Figwe a Prhan Of your finance charge on lriewc-
lions settled to this cake4lioa method be multpyino the appkabk monthly Periodic rate for Inal balance
try the Balance Subject to rise= charge DaclaiM new tcwLadloW.
AYEME DAILY BALANCE (NICLNNMI INW iIAISACTIOIM}Yotlmd k N the periodic rile fided in IN
riance CMpc Swomax al thisshlemei is (allowed yam Y, we use the $ bving calcullalian method
We calcdie periodic Wage dirges separately for each bdree BMerces include regular purchases and
different promotional balances. to id a duty bafrxe. we staid wkb the balance a of the end of Via previ•
out day. We eddaly periodic Ileance charge an The previous dkyl bottom (Internal s io dally carfammd-
Ing Of lruarw dW9W N1 add ally new dargm We than suhlratl our near C"S r parumds and male
dhe adjustments. A cm* balance is cheated as a balance of tern We tiger! are prioic tleact(hwW by
nmR)po g the dit balance by is doh prima raw. We do this far own day to the oWN plod no
BaWca Shbjed to saws Charlie Is tha averap of the daily WmK4s q It* W* pertod.lf you nuF
tiply iNt figure for each balance by Is dry periodic fate reed by the number at days In the balkq period
the resul is tie total periodic fiimnse charge an that balance. Ramd'ng may cam a small difference
PlOWnDnL ale may offer you promotional terms lor at r a pad at bur bouren Any promotbut terms
roar apply 'or a smiled PKW of lime Iher will be governed IM the lrem of the promotional alter and four
Card Agreement. They may include the No hden 4 0%, and equal Permits[ Mach olkrs descrbW bdoe Your
promstional terms four and t you delauk under tie Cad Agreement (same To do net male [be minnalm
parched when due, go over the crack line of make a payrsrwd toes Intl is net honarsd
Me IrnereC No lia mce charges will be Imposed an tntsbrake t you pay the Neocene ld by the
end d theprorod)anal Tod. We rN impose finance chi gas w this balance if yon dooalpa , the baf-
ante in full by ale end of be prmnYorial period or the promotional leaves are terminated. lee will
al
impose p these imam from he dated purchase unit the balance Is pd in full. The preposition-
s at No isllspecify the amount we any minimum payment required on this balance Impresed on this balance chnivi the lersof per
air will soapy tie amount of minimum payment required allrtespot led The prprtlotional his belance,
• WPayment Plafitbalance will berepaid inequal miakompayments. The prerotioatoffer will
specify the amount of the mldmum payment required an His bdentt
CLOSING IPASL At or discretion, tins stakaeN may include chargm, Ins, aid payments on the Closing Dale.
GRACE PUND ON PUNENUEL you can avail dock finance charges on Purchases. ties is called a grate
period w purr ases. The grace period is attest can, To get the grace period m Purchases, pay the follow
imiam untsytheduedarkeverybi*gprod
• the New Bakrm less any No Interest. 0% and Equal Payment Plan balances that expire after The pay-
menu due date plus
the minimum mlvihly payments teWired 19(your No Inleresl. 0%. and Equal Payment Plan balances
that expire after the Payment On dale,
if you do not, yam will net let a grace period unless you Pay the above amounts by the due ate for two ballet
periods in a row.
In addlon, certain promotional often marl take away the gram period w purchases Cher pranxtieW allers.
in addition to Nobiterest 0% mg! Equal Payment Plan afters may also allow you to have a gram period as pur-
chases war tout having to pay all or a Prsia of the promelional balance by the due date It either is the case,
the promotional offer will describe venal happenm
aiwNG when Sup faw, in Case of Enmri or Ovation Almost Yaw UL N you (hilt Tour bill stampq,
or If You need more lalrmalbn about a transaction on your bill, write us at the BWmg Errors address on this
statement as sees as possible Ik send tear item you she later I hen 60 daps after we send you the first MII an
which the error or problem appeared 'loch can ddeprone us. but doirp so will not Preserve your rights
In four letter, ghe us the kbwbq kiorrnatm
• You name and accuud oumbec
• IM dole aimLgt d Ibe suspend errr,
• Describe theories acrd expleis if you cat wy you believe there s an error, a you sped rave inhmwtgn,
*scrbe the lemyal are volume aged. Pleast be sae all tMefpeldet[stlgmd y ale prnay cadholdr
yov do not ham to pay any amood n 9aesbian while weare invest YAating had you are stn obligated to pay The
parts of our bill that are net in question, What we investigate yam qumlion, we Cannot report yov as dels-
quell an liar disputed Ram or We any action to cased the amount you quarters.
Special Ilona for Creil Carl perchmas, It you Mae a problem with the quality d goods or services that you
purchased with a credit aN, and "a nave tried dip gqp faith to correct the problem with lie merchant, you
may net have to pay the remaining atmounl die an the goods r urvims You how ink protection only when
the Purchase Prim IS mare taw ZO and the Purchase Is made In Yew home SbW or within 100 mles of your
makig address Ole weowm r operaft l w aw hot of t we mailed you the advertisement for the property or
services. an purchases are covered regardless of a;c ud or location of purcore.)
trweeE CHARLES accros from the date of purchase al it* regular purchase rate in effect from time to time and all accrued FINANCE CHARGE4 will be added to
Pru=§K W Ptriod It gwVft Purchases pndud' row Amount for I he cored
us that optional re credit insurance) are not paid in full before the std of the promo4awl period or i1 You fall to make any required
PBYMM I on M Accouni when dim or nuke a me premiums
payment to to us Thal is not honored. See blow for more dalats
"Rill c edR approval fr quafifyf purchases made on The tome Depot or EXPO Design Center Consumer Credit Card. For amoinis in goad standh%APRs up to 26.9994. Default APR up to 2999%.
Niel ?n noe.
FMANCE CHARGE S2 loom rates may apply See curd agreement for delaas including when the deladl rate applies. Offer is only valid for Consumer accounts and is subject to change
IMPORTANT PAYMENT INSTRUCTIONS PAYFIENT OPTIONS OTHER TOM IEWIAR YAM
Cn04 ft"Mte We Nwsl Me" par mailed payment in proper Tom at or procession lactily by S P.M • OnRce Payments VW1 amrnt sign up paymens. Enrollment may
local time MM IT we d4 it YM be cradled a of that on (Please relr to the top Hot hard corner on the take a 7ew don If w receive your taloned mbpd ft free online Irad d yaw statement For processing Lustily time rent.) A pagrl FKesusd al the d yea to make in rb payment by 5 pm cealern teen, we will
p? ban diet lame. tine seta be aWFA as of I he nest dal AT 5 to 7 days Ants by regular pr facility mat in meet creel your Payment as of pe payment that ay and all Wpod ag erRHn three Laments days 11 we ad dve yew request Waft p to
to rash us Flare may be a des of tip to 5 W payments
is not in by an oeose alter tE tint we N Veto your na b payment as of t be pert e day N and N nte pest
o
r Is hat sad to the comet s The tarred address W payment paym ent sad ba40 Is treform s ?your nrrst hree uni nand y . For sedray nrons °p mar be unable to per, your emrr New Monte with ront list hared the return envtW
listed on
consar address psesw sent or on the ffor a of the dpor Cy muon. u? made in-store is awl sent to Pay by Phone Service. emu may use this service any, time to nuke d payment by phone. if your account is
Address shore below. express mail is the Express Payments eligible. Yoe will be c agra SK95 to use this service Call by 5 Rm Eadem time to have your paymerd
Proper hnl for lo payment red mat or Gorr err to of in t credited as at that day as posted within three business 6M 11 you call after mat lime, your payment will
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bills is we n the day we renew the Chock. Ake. the Cheap WIN be destrmPed. m store MMMS. fa Year added convenience. payments can be made d I he rlome Depel' stores with
Copy Fee. IN cnage S5 for each copy, d a tiling statement that dates back 3 months or more. We add tie service fee. avmeMs made d the sure prior to to store closing lyre will be posted to
lee to a listener of or choosng We reserve The right to add CHs lee to balances subject tom of that allay but availability Your account as
percentage wale. We waive the tee It your request for the copy relates to a blling error or disputed amuse. Y for lot MEDIAL to verification call funds.
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Page 2 of 2 lbe llame Debt Corumer HD O309A
Verification
am employed by Citicorp Credit Services, Inc. (USA)
(hereafter CCSI), a subsidiary of plaintiff, Citibank (South Dakota), N.A. CCSI is a service
provider for plaintiff in that it services credit card accounts owned by plaintiff. I am authorized to
make this verification on behalf of plaintiff. The statements of facts set forth in the complaint are
true and correct upon my information and belief and are made subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unworn falsification to authorities.
Signature
C-43194
John S Paluscio
Account number ending in 4672
1025
12/19/2010 16:99 FAX
WHEREFORE: The Defendwt respeetbally requests that PWntlff s Compialm be dismissal aid
rho relief requosted in PlaitttdtPs ConViaint denied.
The Defendattt verities that the statements merle heroin am hue and oo"m bared upon his
knowledge, infosmatice and belief. The statements m made subject to the penalties of 19 Pa. C.B. Section 4904,
relating to wtsworn &Wficodon to andwrlties.
John S. PMhXMio
S 165 WOOMIle Road
Enola PA 17M
717-732.9697
Pro So Defendant
The DebadeWs) HBRI?BY CERTIFY that an this &ay of DEL. , 20/ 6a cw of the
WWiai pleading was mailed, fins-01816, postage pre-paid to:
Troatoa A. Farmer, FA q.
Barton Ned A Mwoiatas, P.C.
1060 Andeew Drive, We 170
West Chester, PA 19390
610696.2120
Attorney far Plaintiff
S. PBblscia
SeDWWdwt
pis m c c i i was pnpiawl by of wM dw admo oe d Ja " K b u* awl, an sawsy momw m poeft Isw in on lads Ot Mwylmd
end PssaMplwait? PA 8upwer Cana )thas?bati 31w3 sad empbysd bf People ? AsMOdaMR LLCIPaastM 4! AaMbistoe. W [CA.
s A-00% M= TKQ; Omw 800499-Mi. Park A Mmdmim LLC. taptsenlt No pllmt in ost-or-0eat debt em emm MyadudarA
W ft MMfMy fMM lrtmob & AsmelMey EW,, WM be soft an appnnMOM in Ibis Mellon, uppedn j wumw Aww seat dt oamnmdsdnass
mkto to Nit pap dkm* to** Da& Wwd, who is gwawinj Pro se.
!m 009
EXHIBIT
BURTON NEIL & ASSOCIATES, P.C.
By: Trenton A. Farmer, Esquire, Id. No. 209422
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
Attorney for Plaintiff
CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS
Plaintiff
V.
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 10-7301
JOHN S PALUSCIO
Defendant : CIVIL ACTION -LAW
Plaintiffs Brief in Support of Motion for Judgment on the Pleadings
1. Procedural History
Plaintiff filed this civil action on November 22, 2010. The Cumberland County Sheriff
served personally defendant plaintiff's complaint on November 24, 2010. Defendant filed a
statement which was accepted as his pro se answer on December 14, 2010. Defendant's
statement / answer closed the pleadings.
II. Relevant Facts
Plaintiff sued defendant to recover the balance past due on a Home Depot credit card
account in the sum of $7,522.02 plus record court costs of $133.50. The recovery theory set
forth in plaintiff's complaint is account stated.
Defendant's pro se answer to the complaint is attached to the pending motion as Exhibit
2. That one page answer merely requests that plaintiff's complaint be dismissed but does not
support this request with any supporting facts. The one page answer also includes a verification
and certificate of service which also does not provide any facts. The pro se answer does not state
any material facts in a responsive fashion to the complaint's averments. The statements made in
the pro se answer are not defenses to the underlying debt. Thus the pleadings frame no factual
issues and therefore disclose there is no genuine issue of material fact which requires a trial.
Accordingly, plaintiff filed a motion for judgment on the pleadings under Pa. R.C.P. 1034. This
motion is now before the Court for disposition.
III. Questions Involved
Whether the non-responsiveness of defendant's pro se answer should result in the
complaint being deemed admitted, making trial a fruitless exercise such that judgment on the
pleadings under Pa. R.C.P. 1034 should be granted?
IV. Argument
Defendant's unresponsive pro se' answer averments explicitly admitted plaintiff's case.
In making these unresponsive statements without offering either any valid denials or any
defenses to the plaintiff s action, defendant is bound by and cannot be heard to contradict his
admissions. The non-responsive answer is a judicial admission and is conclusive in establishing
liability and damages. See Jewelcor Jewelers & Distributors v. Corr, 373 Pa. Super 536, 542
i That defendant has chosen to proceed without an attorney does not entitle him to more lenient application
of the Rules of Court, absolve him of adherence to the Rules of Civil Procedure or free him from the risk of adverse
consequences for failure to do so. See: Branch Banking & Trust v. Gesiorski, 904 A.2d 939 (Pa. Super., 2006);
Hoover v. Davila, et al., 2004 Pa. Super. 314, 862 A.2d 591 (2004); Kovalev v. Sowell, _ Pa. Super. , 839
A.2d 359, 367, n.7 (2003); Rich v. Acrivos, , _ Pa. Super. , 815 A.2d 1106 (2003); Peters Creek SanitM vv.
Welch, 545 Pa. 309, 681 A.2d 167, 170 (1996); Jones v. Rudenstein, 401 Pa. Super. 400, 585 A.2d 520 (1991)
appeal denied, 529 Pa. 634, 600 A. 2d 954 (1991); Com. v. Abu-Jamal,521 Pa. 188, 585 A.2d 846 (1989); Gebert v.
Granahan et al, 101 Lackawanna Jurist 75, 79 (2000); Faretta v. California, 422 US 806, 834 n. 46, 955 S.Ct. 2525,
2540 n.46,45 L. Ed.2d 562, 581 n 46 (1975).
A.2d 72 (1988); Tops Apparel Mfg. Co. v. Rothman, 430 Pa. 583, 244 A. 2d 436 (1968); Packel
& Poulin, Pennsylvania Evidence, 2d Ed., Section 127, p. 30.
Furthermore, because the answer did not specifically deny any of the complaint's
averments, they are all admitted under Pa R.C.P. 1029(b). This rule provides that "[a]verments in
a pleading to which a responsive pleading is required are admitted when not denied specifically
or by necessary implication. A general denial or a demand for proof, except as provided by
subdivisions (c) and (e) of this rule, shall have the effect of an admission."
Clearly, defendant did not specifically deny the averments in the complaint. He did not
"refer specifically to the paragraphs of the complaint in which the averment admitted or denied is
set forth." 5 Standard Pa. Practice 2d Section 26:32. "...for a denial to be specific , it must deny
what is averred and then must affirmatively aver what did occur in place of the facts that are
denied." 5 Standard Pa. Practice 2d Section 26:35. Under Pa. R.C. P. 1029(b) all the factual
averments of the complaint should be deemed admitted.
The matter is before the Court on plaintiff's motion for judgment on the pleadings under
Pa.R.C.P. 1034(a) which provides:
(a) After the relevant pleadings are closed, but within such time as not
to unreasonably delay the trial, any party may move for judgment on
the pleadings. Note: Only the pleadings between the parties to the
motion for judgment on the pleadings must be closed prior to filing
the motion.
(b) The court shall enter such judgment or order as shall be proper on
the pleadings.
"The motion for judgment on the pleadings should be granted only in clear cases, which
are free from doubt, and where there are no issues of fact. The deciding court should grant
judgment only where the case is so clear that a trial would clearly be a fruitless exercise." 6
Standard Pennsylvania Practice 2d Section 31:45 and the cases cited therein. Even under this
stringent standard for decision, plaintiff is entitled to judgment because defendant's answer being
unresponsive and therefore a general denial which had the effect of admitting the allegations of
the complaint. Additionally there is no question as a matter of law of plaintiff's substantive right
to recover on the credit card debt here at issue, as stated in the federal and Pennsylvania Supreme
Courts.' This is a clear case. There are no factual issues which would require a trial. Plaintiff
submits judgment on the pleadings should be entered on its behalf and against defendant for the
sum set forth in the complaint plus record court costs.' Defendant's pro se legally non-
responsive letter answer admitted plaintiff's case and as a result there are no issues framed for
trial.' Such trial would therefore truly be a pointless exercise.
V. Conclusion
Plaintiff requests the grant its motion for judgment on the pleadings under Pa. R.C.P.
1034 and enter judgment for it and against defendant, John S. Paluscio, in the sum of $7,522.02
plus record court costs of $133.50.
2 In re Gerber's Estate, 337 Pa. 108, 116, 9 A.2d 438 (Pa. 1939); 12 USC Section 85; 54 South Dakota
Codified Laws Section 54-3-1.1; Ament v. PNC Nat'l Bank, 849 F. Supp. 1015, 1019-1020 (D. Pa. 1994), affirmed
sub nom. Deffner v. Corestates Bank. N.A., 92 F.3d 1170 (3d Cir., 1996); Smiley v. Citibank (South Dakota N.A.),
_
U.S. ? 116 S.Ct. 1730,135.L. Ed.2d 25 (1996); Bank One Columbus, N.A. v. Mazaika, 545 Pa. 115, 680 A.2d
845, (1996).
3 Statute of Gloucester, 6 Edw. 1, c. 1 (1275); 42 Pa. C. S. A. Section 1726; 42 Pa. C. S. A. Section
20003; Gold v. Northeast Theater Coro., 281 Pa. Super. 69, 421 A. 2d 1151, 1154 (1980); De Fulvio v. Holst, 239
Pa.Super. 66, 69, 362 A.2d 1098, 1099 (1976): "At law the general rule is that costs follow as a matter of course, and
the court has no discretion to award or deny them."
4 Which, in the Pennsylvania fact pleading system, is the pre-eminent function of the pleadings. Rodes v.
Anakaitis, 2 Pa. Cmwlth 328, 279 A.2d 782 (Pa. Cmwlth, 1971);Stafford v. Old Heritage Mutual, 70 D&C.2d 544
(1975); Trent Financial Corp. v. Church, 12 Pa. D. & C.3d 451, 452 (Pa. D. & C., 1978); Sevin v. Kelshaw, 417 Pa.
Super. 1, 611 A.2d 1232, 1235 (Pa. Super. 1992); Youndt v. First Nat'l Bank, 2005 Pa. Super. 42, 868 A.2d 539 (Pa.
Super., 2003).
Respectfully submitted,
BURTON NEIL & ASSOCIATES, P.C.
By:
Trenton A. Farmer, Esquire
Attorney for Plaintiff
NOTICE: Burton Neil & Associates, P.C. is a debt collector.
Burton Neil & Associates, P.C.
By: Trenton A. Farmer, Esquire ID. NO. 209422
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
Attorney for Plaintiff
CITIBANK (SOUTH DAKOTA), N.A.
Plaintiff
V.
JOHN S PALUSCIO
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 10-7301
Defendant : CIVIL ACTION -LAW
Certificate of Service
I, Trenton A. Farmer, Esquire, do hereby certify that I served a true and correct copy of the
within Plaintiff's Motion for Judgment on the Pleadings, Brief in Support, proposed Order and
Praecipe for Listing on pro se defendant, John S Paluscio, at his address of record via first class mail,
postage prepaid on the date set forth below.
Date: 2 Z t?
Burton Neil & Associates, P.C.
By:
Trenton A. Farmer, Esquire
Attorney for Plaintiff
The law firm of Burton Neil & Associates is a debt collector.
C-43194
Praecipe for Listing Case for Argument rn
(Must be typewritten and submitted in duplicate)
z N
0 ??
,
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 0
{ ° -?
:%
Please list the within matter for the next Argument Court. F- ?..
------------------------------
CITIBANK (SOUTH DAKOTA), N.A. ------------------
Plaintiff
V.
JOHN S PALUSCIO
Defendant NO. 10-7301
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Plaintiffs Motion for Judgment on the Pleadings
2. Identify counsel who will argue case:
(a) for plaintiff. Trenton A. Farmer, Esquire c/o Burton Neil & Associates,
P.C.
address: 1060 Andrew Drive, Suite 170, West Chester, PA 19380
b) for defendant: John S Paluscio, Pro Se
address: 5165 Wertzville Road Enola, PA 17025-1269
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: March 25, 2011
Trenton A. Farmer, Esquire
Attorney for the Plaintiff
The law firm of Burton Neil & Associates is a debt collector.
#13.
CITIBANK (SOUTH DAKOTA), IN THE COURT OF COMMON PLEAS OF
N.A., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
JOHN S. PALUSCIO, : NO. 2010 - 7301 CIVIL TERM
Defendant
IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE
BEFORE GUIDO, EBERT, JJ.
ORDER OF COURT
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AND NOW, this 8TH day of APRIL, 2011, the Plaintiff's Motion for Judgment on
the pleadings is GRANTED in the sum of $7522.02 plus costs.
B ourt,
Edward E. Guido, J.
? Trenton A. Farmer, Esquire
1060 Andrew Drive
West Chester, Pa. 19380
John S. Paluscio
5165 Wertzville Road
Enola, Pa. 17025-1269
M?
CoPlo $ f u
,/ Court Administrator -in bin