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HomeMy WebLinkAbout04-3831 BURTON NEIL & ASSOCIATES, P.c. By: Burton Neil, Esquire Identification No. I 1348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-- 3 S ~ ~ VICKI L MORLEY 18 Longstreet Drive, Carlisle PA 17013-8112 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 ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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-733 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 ] 060 Andrew Drive, Suite] 70 West Chester, PA ]9380 610-696-2120 Attorney for Plaintiff CITmANK (SOUTH DAKOTA) N.A. 70] East 60th Street North, Sioux Falls, SD Plaintiff IN THE COURT OF COMMON PLEAS v. CUMBERLAND COUNTY, PENNSYL V ANlA NO. VICKI L MORLEY 18 Longstreet Drive, Carlisle, P A Defendant : CML ACTION - LAW Complaint 1. The plaintiff is Citibank (South Dakota) N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. The defendant is Vicki L Morley, who resides at 18 Longstreet Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff, a national banking association, engages 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 credit card with account number 5424180186104300 hereinafter referred to as the credit card account. 5. Plaintiff maintained an accurate and running record of all debits and credits to the credit card account in its books of account. 6. Plaintiff mailed defendant a written statement each month which accurately stated the debits and credits to the credit card account for the prior billing period. 7. Defendant received the monthly statements from plaintiff for the credit card account including the statement attached hereto as Exhibit A statement without protest, dispute or objection. 8. Defendant in not protesting, disputing or objecting to the statements including the Exhibit A statement thereby assented and agreed to the correctness of the balance due on the credit card account so as to constitute an account stated. 9. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit A statement, is $7,586.35. Wherefore, plaintiff demands judgment against defendant for the sum of $7,586.35, and the costs of this action. B~Rfo~ASSOCIATES' P.c. By: (~.~.-? _ f j .-.~~~ire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. ~ 04/06/04 @~:f@jr#.w.@:~ $7586.35 ~i@jlM~'il?,i@~ $9999.99 ti$;ffljtW~@ 5ITE:KC-CL TM:CO-6300 03/26/04 ACID:KC82081 18:57:23 YICKI L MORLEY ATTNY ACCOUNT-CODE=L834 CARLI SLE 17013-8112000 C IT 1 CARDS P.O. BOX 8109 S HACKENSACK, NJ 07606-8109 PA Cltl" Platinum Select" Card car Account Number 5424 1801 8610 4300 Customer Service: 1-800-950-5114 BOX 6500 SIOUX FALLS, SD 57117 Salf Date Post Det. Ref.r.nce Number Total Credit Line $7000 st..tem.ntl Cl051n9 Date 03/12/2004 A"..lt.ab:le Credit Line tnh AcfVO!lnce- Limit $0 $0 Amollnt O....r Credit Un. Past [)ue $586.35 $1017.97 Activity Since last Stawl'I1ut Ayallable Caso Limit $0 PUr<;I\/Adv ~nlmum Due- U58.00 Mew Ihl;ull:e $7586.35 Minimum Amount Du, $7586.35 Amount Help is available! Please call the tOll-free number shown above to learn about our special payment options. Call Mondav ~ Friday. 7 am to 9 pm. or Saturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. Our records show home phone 717.245.0172 and business phone 717.240~6437. Please update coupon if incorrect. Account Summary Previous (+) P-urchases (-) Payments (+) FINANCE (=) N.w 6alance & Advances & Credits CHARGE 6e1Ia.nce PURCHASES $7,586.35 10.00 10.00 10.00 $7,586.35 AOVANCES $0.00 0.00 0.00 0.00 $0.00 TOTAL $7.586.35 0.00 0.00 0.00 $7,586.35 Days This BIlling PerIod: 29 Rat. Summary Balance Subject to ~eriodic Nominal ANNUAL FInance Charge R_t. APR PIORCENTAGE RATE PURCHASES 24.990€XHIBI't.990% -A: Standard Purch $0.00 0.06847%(D) AOVANCES Standard Adv $0.00 0.06847%(0) 24.990% 24.990% VERIFICATION Tara Cross is Attorney Management Specialist for Citibank (South Dakota) N.A. the within Plaintiff in this action, and that the statements of fact made in the foregoing Complaint are true and correct to the best of the undersigned verifier's knowledge and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 7111~L1 (~() floU (~(~J~ Vicki L Morley 5424180186104300 ~R --- --... U\ ~ ~ C ~1--' l.)') ul \ ti. ~ '?> cf ....., ~: ~~:~ r- u'" v.(J - J J'\ c- rCf\, L.; G,) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANlA CITmANK (SOUTH DAKOTA) N.A. 701 East 60th Street North, Sioux Falls, SD Case No. 04-3831 Civil Defendant ) ) ) ) ) ) ) ) ) ANSWER Plaintiff vs VICKI L. MORLEY 18 Longstreet Drive, Carlisle, P A 17013-8112 DEFENDANT'S ORIGINAL! To Honorable Judge of Said Court: NOW COMES, Defendant, Vicki L. Morley, and files this DEFENDANT'S ORIGINAL ANSWER responding to PLAINTIFF'S ORIGINAL PETITION and would show thll Court as follows: L GENERAL DENIAL DEFENDANT (Vicki L. Morley) , and no other who does now enter a GENERAL DENIAL to the unverified complaint and who, reserving all affirmative defenses, does now demand a BILL ofP ARTICULARS from the Plaintiff showing the account upon which the plaintiff sues with each and every debt, credit and balance from inception to date of filing, and the signed application. n. PRAYER Wherefore, Defendant prays that, this honorable court enter judgment in favor of Defendant, that Plaintiff take nothing by way of the complaint, and that Defendants be awarded necessary attorneys/preparation fees, court costs and such other and further relief that this court deems just, reasonable and fair or called for by law. Dated this 9th day of _August--, 2004 ~Lj~ ' Vicki L. M ley PROOF OF SERVICE BY MAll, My name is Vicki L. Morley On the 10th day of _August in the United States Mail at: ,2004. I did personally place Louther Street, Carlisle, PA 17013-8112 An envelope with postage prepaid addressed to claimant's counsel as follows: Burton Neil & Associates, P.e. By Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 In this envelope was a document entitled: ANSWER Executed this 9th day of _August --> 2004. I declare under penalty of peIjury under the laws of the state of foregoing is true and correct. that the /!r.L L /Ilnrky TYPE OR PRINT NAME /I(d / 4- SIGNATURE () ~ ,.,- l.,(.:':": n~"(' ."..,..'(', (~~i:.r' ~~c, ~I~': ( ~- ~':~ ~ ~ '" \.0 "" ~I~' -4- J~ c::: c") c, -" :::;..' Ni.2.7 r.o. ~r:!17 -"._ c:; ( ) 1 '7l' -:-,1 :.0 - C> "'" -.::: BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire, Id. no. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attornev for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff : IN THE COURT OF COMMON PLEAS v. : CUMBERLAND COUNTY, PENNSYLVANIA VICKI 1. MORLEY No. 04-3831 Defendant CIVIL ACTION - LAW Motion of Plaintiff for Judgment on the Pleadings Now comes plaintiff by its undersigned attorneys, and moves this Honorable Court pursuant to Rule 1034 of the Pennsylvania Rules of Civil Procedure, for judgment on the pleadings and in support thereof states: 1. Plaintiff filed a complaint against defendant for the l:redit card balance due it. 2. Defendant filed an answer which generally denied the allegations of the complaint. 3. The pleadings are closed. 4. There are neither factual nor legal issues before the Court creating a need for trial. Therefore, plaintiff is entitled to judgment as a matter of law. Wherefore, plaintiff moves this Honorable Court for judgment on the pleadings. BURTON NEIL & ASSOCIATES, P.C. -~) , BY: .-? t........,{ ~ton Neil, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire, Id. no. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attornev for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff' : IN THE COURT OF COMMON PLEAS v. : CUMBERLAND COUNTY, PENNSYL VANIA VICKI L. MORLEY No. 04-383 I Defendant CIVIL ACTION - LAW Certificate of Service Burton Neil, Esquire, being duly sworn according to law, deposes and says that he is attorney for plaintiffCitibank (South Dakota) N.A., that he served a true and correct copy of plaintiff's Motion for Judgment on the Pleadings, supporting Memorandum of Law, Request of Moving Party for Submission on Briefs Only and proposed Order on defendant by first class U.S. Mail, postage prepaid on the date set forth below. Dated: <~- ()...,) J (){ "'<.. -, " " / [" _/ ~ ~,-~ Burton Neil, Esquire ~::.~.,.. /"" -<l:....... In making this communication, we advise our firm is a debt collector. 8 -- ~;':. ...ll,~, rnr''-'' ;;'f- 9)'T, ~C' ,,-. -- ,~ ~~-\ -,.- ---~ >c: ~ ...., = = J:" ~ G) w C'J -0 -,. -",'"," ~ ~.." m- Fn ~6 ~=+i 2~ ~ 55 :.< .r;: U'l SHERIFF'S RETURN - REGULAR CASE NO: 2004-03831 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS MORLEY VICKI L CPL. KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MORLEY VICKI L the DEFENDANT at 0940:00 HOURS, on the 9th day of August 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to VICKI L MORLEY 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 So Answers: 18.00 .00 .00 10.00 .00 28.00 r~<<:~ 7 R. Thomas Kline 08/09/2004 BURTON NEIL & ASSOC Sworn and Subscribed to before By: ~)A:i (:/a,/v- Dep(1~y Sheriff me this lAY day of ~/'~~ 0200<( A.D. el O~ ~onotary ,~ BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire, Id. no. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 04-3831 VICKI L. MORLEY Defendant CNIL ACTION - LAW PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. 1. Matter to be argued: Plaintiffs Motion for Judgment on the Pleadings 2. Identify counsel who will argue case: (a) for plaintiff: BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire ID# 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (b) for defendant: Vicky Morley 18 Longstreet Drive Carlisle, P A 17013-8112 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: November 10. 2004 '7- ...> ,<.."...,~ ~ <:~,.....~ ;) ..."".-~ eil, Esquire Attorney for Plaintiff () 1"-0) ~ c:::t C c:::;t ,<'P .z:- ~,.. :z: ~ -uw nlrn 0 rn:D z::r, ..c: iB~ zC' I c.n.f: ~c:-, -0 ~-d ~C :J: ~~ -C" ---I 'j;c c.;: ~ ~ 0 ~ -.l < BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire, Id. no. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITffiANK (SOUTH DAKOTA) N.A. Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 04-3831 VICKY MORLEY Defendant CNIL ACTION- LAW Certificate of Service Burton Neil, Esquire, being duly sworn according to law, deposes and says that he is attorney for plaintiff Citibank (South Dakota) N.A., that he served a true and correct copy of plaintiffs Praecipe for Listing Case for Argument on the pro se defendant by first class U.S. Mail, postage prepaid on the date set forth below. Dated/I J5 /r; y '" "- g ...,.,;) ~ c::::t ~ $: :z: -I 1:11':0 ::t. 1!)f:[j (;.) i~ .<__1 ....: 6;[;; I :7 ~~.:. 9 ~c:: ~o -0 ::c :14 0 ::J: ~(') 5>c..: Y? om ~ ---I 0 ~ -.J -< CITIBANK (SOUTH DAKOTA) NA : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : No. 04-3831 VICKI L. MORLEY Defendant IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON T E PLEADINGS Before HOFFER P.J. OLER and GUIDO JJ. ORDER OF COURT AND NOW, this J1..!:. day of ~ ,20 5, upon consideration Plaintiff's Motion for Judgment on the Pleadin s, the Motion is GRANTED and judgment is entered in favor of Plaintiff and gainst Defendant in the amount of $7,586.35 plus the costs of this action. ~on Neil, Esquire 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610)696-2120 Attorney for Plaintiff ~MOrley 18 Longstreet Drive Carlisle, PA 17013-8112 Pro Se Defendant I O}111%'Jd"i \$~~ ~ ~ OOb f U ?b1 ~'?