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HomeMy WebLinkAbout04-3886 d BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) NA 701 East 60th Street North, Sioux Falls, SD Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0 4- :j 8 8~ ~ DONALD G HENDRICKSON 1126 Linn Drive, Carlisle PA 17013-4248 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-715 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTIl DAKOTA) N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0 L; - 3'f~4 DONALD G HENDRICKSON 1126 Linn Drive, Carlisle, P A Defendant : CIVIL ACTION - LAW Complaint I. 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 Donald G. Hendrickson, who resides at 1126 Linn 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 5424180538551018 hereinafterreferred 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 $9,551.48. Wherefore, plaintiff demands judgment against defendant for the sum of $9,551.48, and the costs of this action. OC1ATES, P.C. on N eiV, Esquire Attorney fot Plaintiff \ The law firm of Burton Neil & Associates, P.C. is a debt collector. Clti. Diamond Preferred" Entertainment Card February 11- March 11. 2004 DONALD G HENDRICKSON Account 5424180538551018 Page 1 of 2 Statement/Closing Date: 03/11/04 How to RNCh U. www.citicards.com Citibank Customer Service Ctr BOX 6500 SIOUX FALLS, SO 57117 l-BOO-925-8871 QuiCk Ref...nc. Minimum Payment 9 551.48 Payment Du. Oat.. April 5. 2004 ~P..ymel)t must be receiveoj by 1:00 pm local time on the payment dllt> dale. Amount Past Due Amount Over Limit Amount Over Limit Total Credit Line Available Credit line Cash Advance Limit Available Cash Advance Limit Account Summary Previous Balance Payments and Adjustments Purchases Cash Advances Fees Finance Charges New Balance Purchase CateQorles Total Purchases 1.578.74 1.101.48 8.450.00 0.00 6.100.00 0.00 Cardmember News Help is available! Please call the toll-free number to learn about our special payment options. Call Monday - friday, 7 am 10 9 pm, or Saturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. 9.551.48 0.00 0.00 0.00 0.00 0.00 $9.551.48 $0.00 date paid amount paid check # PleaSi;' follow payment InstructIons outlined In the "Important InstructIons for ~aklng Payments" section of the statement. Account Numbftr Pavmenl Due New Balance MinImum PlIvmf>nt I:nter Amount Enclosed 5424 180538551018 04/05/04 $9.551.48 $9.551.48 $ ~':':=='.:...~:...~.::--....;:r_-=:'.Mnr8l1D_yoJI_' Address Apt.!Sulte COy ..... "" 42S MC 34 A 1 AR7320440 1...111...111......11..11..1..1..1.1,1..11..1...1.1.11....1.11 DONALD G HENDRICKSON A TTNY ACCOUNT-CODE=LB34 CARLISLE PA 17013-4248 Homo ph_ ( ) Email. Butille$$ phone ( I Make check payable to: cm CARDS PO BOX 6345 IT THE LAKES NV B8901E*.H I B It 11..1.1..1.1.1..11......11.11....11..1..1.1.1..11..1 54241805385510180009551480009551483 February 11- March 11,2004 DONALD G HENDRICKSON Account 5424 t805 3855 t018 Slalement/Closing Date: 03/11/04 Payments and Adjustments sate Date Post Date Activity Total Payments and Adjustments Purchases Sale Date Post D..t. Total Purchases Activity Cash Advances 5..1. Dat. PostDate Activity Total Cash Advances Finance Charqe Information Davs in 6aiance Nominal Perlodk x Billing SubJect to APR Rate Period Finance Charqe PURCHASES Standard Purch 27.990% .07668%(0) x 29 x $0.00 Ofler6 27.990% .07668%(0) x 29 x $0.00 CASH ADVANCES SI andard Adv 27.990% .07668%(0) x 29 x SO.OO Periodic fl!!AIIg, C:HARCI! $0.00 t $0.00 t $0.00 + Page 2 of 2 Amount $0.00 Amount $0.00 Amount $0.00 TransacUon A.IitI.IlAL + ree/~ PUCDtTACE CHARGI! RATE $0.00 $0.00 27.990% 27.990% $0.00 27.990% Tolal FiNANCE CHARGE = $0.00 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: 1{t/N Of (1 h (LJ (ihC-i~.~ Donald G. Hendrickson 5424180538551018 ~~ - ---. ,~~ ~ D~ U'l -\ LYI C./' . J ~ r-' c> '-~~": I-~ J (".A c- ()j~ '^ C" C'" w ~ f-- n C'J L i) ..::4 SHERIFF'S RETURN - REGULAR CASE NO: 2004-03886 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS HENDRICKSON DONALD G SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HENDRICKSON DONALD G the DEFENDANT , at 1800:00 HOURS, on the 12th day of August , 2004 at 1126 LINN DRIVE CARLISLE, PA 17013 by handing to DONALD HENDRICKSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So ~;;~~ 18.00 3.70 .00 10.00 .00 31.70 R. Thomas Kline 08/13/2004 BURTON NEIL Sworn and Subscribed to before By: & ASSOC bL{/f me this /.J. day of ~i~~ ~ .2/Jo'f A.D. Q~ . Prothonotary ,~ Re: Citibank vs. Judith Norrie No. 04-3887 Citibank vs. Donald Hendrickson l&D HENDRICKSON 1126 Linn Drive Carlisle, PA 17013 R_espons~~ No. 04-3886 Civil Action Praecipe for Default Judgment To Whom It May Concern: Following is my written response to the claims set forth against me Please take this information into consideration when making your decision. Attached is also my budget sheet, which shows my current financial situation and a copy of the contract and POA I have signed with American Debt Negotiation & Settlements to settle my debts. It is my wish that a reasonable solution can be worked out through them. We currently live on a limited income. I was diagnosed with ovarian cancer in April 2003 and have undergone extensive medical procedures. Prior to this diagnosis, I was employed full-time to rectifY our debt. Due to the rigorous treatment schedule along with side effects, I am no longer able to work. My husband was diagnosed with bladder cancer in 200 I and recently had a cancerous tumor removed from his arm in December 2003. Initially, we attempted to contact our creditors to ask for assistance; that due to our situation our finances were tight and we requested to possibly adjust, lower our payment or interest rate to assist in alleviating our financial struggle. We were informed by the representatives that there was nothing they could do because we were still current and would need to be past due on our accounts. In an effort to avoid bankruptcy because we had always been responsible people in rectifYing our debts, we turned to American Debt Negotiations & Settlements, LLC (now NLDC) to help us with our financial situation. We regret that this action needed to be taken, but if we had not done this, we were looking at declaring bankruptcy immediately. We welcomed the opportunity for a more honorable way to resolve this serious situation, and want to do the best we can for the creditors affected. We thank you for your patience and understanding. Sincerely, ~U~.7l~./tu4c/--7'- Judith G. Norrie - Hendrickson 2Jn..4:/ /~/lct"-o~/?'/':2- Donald Hendrickson Client Name: Judith G. Norrie and Donald Hendrickson Budget Sheet Income vs. Expenses Total Monthly Income: Retirement Social Security (1) Social Security (2) TOTAL: Monthly Expenses: Home Payment Home Insurance Car Payment (1) Car Payment (2) Car Insurance (1) Car Insurance (2) Health Insurance Dental Insurance Life Insurance: AAA Legions Veterans 550.00 1200.00 1050.00 $2800.00 884.26 47.33 477.18 550.03 56.83 56.39 187.66 55.44 150.09 8.17 25.98 30.50 22.20 13.20 50.04 1300.00 337.00 40.00 240.87 400.00 100.00 245.00 PremPlus (1) PremPlus (2) Walmart life ADNS Payment Utilities (electric/water) Telephone Medication (approx) Food Gas for Car Hospital Exp/Dr. Bills (7 doctors per month) Misc. Expenses 100.00 (glasses, hearing aid expenses) TOTAL EXPENSES: $5,228.08 As you can see our total monthly expenses far exceeds our monthly income. Weare fortunate to have two children who provide monetary support to supplement our income in assisting with expenses. However, our children are not able to harbor our debts to our creditors as well. FAX TO: (818) 238-0012 Attn: Annette Hochman ADNS APPLICATION FOR SERVICES 1. ENGAGEMENT. 111c undersigned ("Client") hereby applies for Debt Negotiation Services and grants to American Debt Negotiation and Settlement ("The Company") the exolusive right to negotiate with The Client's creditors, and to settle creditors' claims. The Company shall not have the right to bind Client to any settlement withoLlt Client's prior consent_ The Company does not furnish any legal advice or legal services, nor advise Client regarding any legal issues or as to the legal effect of any settlement. All information regarding Client's financial condition is the sole responsibility of Client. Client understands it is important to immediately discontinue all electronic debits that their creditors are deducting from their cheokinl~ accounts. Client agrees to indemnify and hold The Company and its principals hannless from any liability incurred by The Company based on false or misleading information provided by Client. 2. DEBTS TO BE SEITLED. The Client has provided The Company a list of Unsecured Debts to be negotiated by The Company totaling approximately $130.000.02 The Client Attests that tbese are all of their Unsecured Debts, unless otherwise mentioned h.,.ein. 3. MONTHLY DEPOSITS. The Client will make monthly deposits onl.300.00. The funds will be transmitted via check each month to a Client Reserve Account for the purpose of settling the debts, in approximately 48-60 months, or less ifthere is a mortgage rdinancing, or some other form of lump sum that may be applied toward settling the unsecured debts more rapidly. It is understood that this is an estimate only and that The Company will make best efforts to settle The Clients debts within this time and that The Client can accelerate settle:ments by making additional deposits, at any time. 4. FEES. The Client agrees to pay The Company fees, as follows, which are deducted from their Monthly Deposits, which remains the same throughout the term of this agreement, however may be added to in order to accelerate settlements: a. The Company shall be entitled to a fee in an amount equal to twenty five percent (25%) of the difference between the creditor's claim and the amount, which the CrE:<:litor agrees to accept in full setllement of its claim.lfthe settlement is for payment of the full amowlt of the creditor's claim, but the settlement calls for installment payments, or for one or more dlefcrred payments, then the Company shall be entitled to a fee in an amount equal to seven percent (7"10) of the amount of the creditor's claim. All settlements must be agreed upon and signed by The Client and The Company, prior to funds being released from the Client Reserve Account. b. Client agrees to pay a One-Time Nonrefundable Set Up fee equivalent to 3.5% of their total Unsecured Debt amount to be managed by The Company. c. Client agrees to pay a Service Fee of Fifty DoUars ($50.00) per month ror thc first ten accounts and Five Dollars ($5.00) per month for each account over ten (10). Th.is monthly fee will entitle thc client to full service of their account for the life of their account. This includes but is nOI limited to full client services, full creditor services. Initial Here: J iJuCO 800/~OO ~ X~" 88: ~O POOUOU~O 5_ RESPONSIBILITIES OF mE COMPANY AND CLIENT. The Company \\-ill perform the services called for under this contract, keep Client infonned of developments, and respond promptly to Client's inquiries and communications. CHent will be truthful and cooperative with The Company, keep The Company reasonably informed of develcpnlentS, and of its address, telephone number, and whereabouts; and Client will timely make any and all payments required to be made under this contract. 6.NO GUARANTEED OUTCOME. The Company will perform professional negotiation services on Client's behalf to the best of its ability, however The COE~pany cannot make and has not made any guarantees regarding results. Client undel'stands that Clients credit rating can be affected due to the nature of these negotiations. The Company's expressions about the outcome of any matter are its best professional estimates only, and are limited by its knowledge at the time they are expressed. 7 . TERMINATION. The Company may withdraw from representing Client if Client fails to promptly pay The Company's fees, if Client misrepresents or fails to disclose any material facts, ifClien! acts contrary to The Company's advice, ifCHent does not retum TIle Company's phone calls in a timely manner, or if anything else occurs that in The Comp<my'sjudgment impairs an effective relationship. Client shall have the right to terminate The Company's services at any time, effective on thirty (30) day's written notice. 8. FEES ON TERMINATION- In the event of the termination of this ContraCt by cither party, any accrued fees shall be immediately due and payable. If Client agrees to a settlement with any creditor within one year after the termination of this Contract, on terms substantially the same as those negotiated by the Company, and presented to Client before termination of this Contract, then the Company shall be entitled to the payment of all fees as though this Contract had not been terminated prior to Client's agreement to the settlement. 9. RETURNED CHECK FEE. There will be a fee of $20.00 charged for any returned check. 10. LEGAL DISPUTES. In the unforeseen event of any dispute arising out of, or relating to this Contract, both The Client and The Company agree to resolve the dispute with neutral binding arbitration in accordance with the laws of the state of Alabama. In thl: event that any provision hereof is detennined to be illegal or unenforceable, such determination shall not affeCt the validity or enforceability of the remaining provisions hereof, all of which shall remain in full force and effect. This Agreement constitutes the entire agreement between The Company and the Client relating to the specific subject matter hereof. There are not temlS, obligations, covenants, representations, statements. or conditions, other than those contained hercin. No variations or modifications of this Agreement or waiver of any of the terms ofprovlsions hereof shall be deemed valid unless in writing and signed by both parties. I have read, fully understand and agree with all tenus and conditions s.tated above. <-. tk~: 6-;;t.o:$ ~M,d'( Client Signature(s): Client Name(s): Accepted by: 800/800 ~ xv~ B8:~0 POO~/O~/PO SPECIAL POWER OF ATTORNEY I, J\Jti.~t.. tJ~;t..-II(;v/'/d<SDrI.Born S' / /~ / ..J'~~ Social SecmityNo. /9t - ~- /1// do hereby appoint American Debt Negoliations and Settlements, LLC (its employees, assigns and/or agents, hereafter ADNS) located at 1317 N. San Fernando Blvd. #531, Burbank, CA 91504-4272, as my true and lawful attorney in fact for me and in my name and for my use and benefit for tlle folllowing purpose and witll tlle following powers and none otller: Any and all transactions relating to negotiation witll my creditors for tlle purpose of settling tlleir claims against me. Notwitllstanding tlle foregoing. however, no settlement shall be binding on me witllout my prior written approval. ADNS (and its appointees) are also autllorized to do all thillgs reasonably necessary and appmpriate to exercise tlle autllority granted to it under this Power of Attorney. lIIl addition, I hereby appoint and autllorize ADNS to request, review, and receive any information, verbal or written, regarding my accounts, via intlmlet, fax and/or Mail. This power of attorney shall commence ontlle .;z 7 dayof V"AJ~ . .;J..oo.7 . This Power of Attorney revokes all earlier powers of attorney given by, or on behalf of me relating to tlle negotiation and settlement of creditors' claims (except for powers, if any, given to Attorneys at law); and shall be effective, and binding on me until revoked by an instrument in writing executed by me. Signed under penalty of perjury oftlle laws oftlle State of ~1t"ro.S,!llIfi"i" that tlle foregoing is true and correct. Executedthis~7 dayof JUtlt.. (' .JMA ULA.n\ . State of , .;2<1J03 in tlle Count)' of -:p,q. ~.e..,A~ 11vu,-~(CIient)\)lld:1k A1rJ#;I!-lh.llf~tedName) ~ (W"""') ,h!14A' 111...",-'( {l'rinloIN-l _ ~ (Witness) AfcK: 1M/I '/1r!'",,!') (Printed Name) SPECIAL POWER OF ATIORNEY I, -:DO,JA.Ll> t!".-r.l/.'l/{.$ o,.} . BornR!ll!~L Social SecurityNo. J I V -.:J! -.;1,fl "roo hereby appoint American Debt Negotiations and Settlements, LLC (its employees, assigns and/or agents, hereafter ADNS]i located at 1317 N. San Fernando Blvd. #531, BUIbank, CA 91504-4272, as my true and lawful attorney in fact for me and in my name and for my use and benefit for the following pwpose and with the following powers and none other: Any and all transactions relating to negotiation with my creditors for the purpose of settling their claims against me. Notwithstanding the foregoing, however, no settlement shall be binding on me without my prior written approval. ADNS (and its appointees) are also authorized to do all things reasonably necessary and appropriate to exercise the authority granted to it under this Power of Attorney. In addition, I hereby appoint and authorize ADNS to request, review, and receive any information, verbal or written, regarding my accounts, via internet, fax and/or Mail. This power of attorney shall commence on the ;;'7 day of J '" ~ . d-Do3. This Power of Attorney revokes all earlier powers of attorney given by, or on behalf of me relating to the negotiation and settlement of creditors' claims (except for powers, if any, given to Attorneys at law); and shall be effective, and binding on me until revoked by an instrument in writing executed by me. Signed under penalty ofpCIjury of the laws of the State of --=?I'II,.,<...I J 4'1. jft' that the foregoing is true and correct. T f!.etuted thisd::L day of ~ JUM- ... ~L4'" D . State of , :)..00:1 in the County of +'Ir ~~(~~U. ~~-' ... J'4t~ (Client) :DONAl!> Ut"'c)r:~~,j (Printed Name) (Witness) {' ),,{ II!'.) AJor/l"c..... (Printed Name) (Witness) JJ Ie/( :n i~ 10";;/0 (Printed Name) o c: s: ""t'lTi r"'~ r ) I ~;i~;,': CfJ,L: =:; .c' !<;:t:J "1"0. '_, 1l'_';'(_S ~~ ~ ,..., = = J:"' V'> f"'l -0 N -l ~ ~:!l --Om E;6 :r:r, 96 iSm ,~'-t ,~~ 'n '< :l> ::x 9 N CT' 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. 04-3886 DONALD G. HENDRICKSON Defendant: CNIL 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 credit card account balance due it. 2. Defendant filed an answer to 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: J Burton err EslIuire 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, P A 19380 610-696-2120 Attorney for Plaintiff CITffiANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3886 DONALD G. HENDRICKSON Defendant: CIVIL ACTION - LAW Plaintiff's Memorandum of Law in Support of Judgment on the Pleadings Against Defendant I. Facts and Procedural History Plaintiff filed a complaint against defendant to recover the balance past due on a credit card account. Plaintiff s action is based on an account stated. Defendant filed a pro se answer to the complaint. The answer was simply an explanation of why defendant cannot afford to pay the debt. Plaintiff contends defendant effectively admitted all of the allegations of the complaint. The pleadings in this action are closed. The matter is before the Court on plaintiff s motion for judgment on the pleadings under Pa. R.C.P. 1034(a). II. Question Presented Whether plaintiff is entitled to judgment on the pleadings under Pa.R.c.P. 1034 (a) where defendant's answer effectively admitted all the facts needed to support plaintiffs recovery and trial of this matter would otherwise be a fruitless exercise? III. Argument A. Standard for Decision of Motion Pa. R.C.P. 1034 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 dted therein. Even under this stringent standard, plaintiffis entitled to judgment since the detiendant's pro se answer I effectively admitted plaintiff's case. Proceeding to trial despite those admissions would indeed be a fruitless exercise. B. General Denials to Factual Complaint Averm.~nts Are Admissions Under the Pennsylvania Fact Pleading System. Defendant's answer was not responsive to any of the averments of the complaint. Rather, it was simply an explanation as to why defendant cannot afford to pay the debt. Pa.R.c.P. 1029(b) provides: Averments 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. Under Rule 1029(b) and the cases cited above, defendant's pleading should be deemed to have admitted all the averments ofplaintiffs complaint and liability to plaintiff under account stated law. As such, defendant cannot now be heard to contradict the complaint's averments. This result flows from the nature of an admission. As stated in Pa.ckel & Poulin, Pennsylvania Evidence, 2d Ed., Section 127, p. 30: Evidentiary admissions are to be distinguished from judicial admissions. Judicial admissions are not evidence at all. Rather, they are formal concessions in the pleadings in the case or stipulations by a party or its counsel that have the effect of withdrawing a fact from issue and dispensing wholly with the need for proof of the fact. Thus the judicial admission, unless allowed by the court to be withdrawn is conclusive in the case, whereas the evidentiary admission is not I That defendant is pro se does not entitle him to more lenient application of court rules, absolve him of adherence to them or free him from the risk of adverse consequences for failure to do so. Peters Creek Sanitary v. Welch, 545 Pa. 309, 681 A.2d 167,170 (1996) ; Jones v. Rudenstein, 401 Pa. Super. 400, 585 A.2d 520 (1991) al'peal de!!, 529 Pa. 634, 600 A. 2d 954 (1991); Faretta v. California, 422 US 806, 834 n. 46, 955 S.Ct. 2525, 2540 n.46, 45 L.Ed.2d 562,581 n46 (1975). conclusive but is always subject to contradiction or explanation. (Emphasis added.) The defendant having effectively admitted all the allegations ofthe complaint, there are no factual issues before the Court which would require a trial. IV. Conclusion Plaintiff submits judgment on the pleadings should be entered under Pa. R.C.P. I034(a) on its behalf and against defendant for the sum demanded in the;: complaint plus the costs of the action. BURTON :N'EIL & ASSOCIATES, P.C. ",--- ~) ( BY: ____ Burton Neil, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt coll{~ctor. 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. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-3886 DONALD G. HENDRICKSON 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 plaintiff s Motion for Judgment on the Pleadings, supporting Memorandum of Law, request to Submit on Briefs and proposed Order on defendant by first class U.S. Mail, postage prepaid on the date set forth below. ~ J.,..<-fL- .- Burtoii"Ncil, Esquire Dated; 1...1, (,1'1 In making this communication, we advise our firm is a debt collector. I , ,..,,~) ~ ') , ) .J,.- I , r'" .-j , " 4- "' ~. , i " , !. I",~ _c,' , C..J 1 , ( ") -r"l I I , , : , ,', c. ; > ,- C) BURTON NEIL & ASSOCIATES, P.e. Burton Neil, Esquire, Id. no. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITmANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3886 DONALD G. HENDRICKSON Defendant: CIVIL ACTION - LAW Motion of Plaintiff for Judgment on the Pleadings Now comes plaintiffby 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 credit card account balance due it. 2. Defendant filed an answer to 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. BURTO & ASSOCIATES, P.C. I BY: "---- Burtoll" Neil, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. BURTON NEIL & ASSOCIATES, P.e. 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. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-3886 DONALD G. HENDRICKSON Defendant : CIVIL 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 Motion for Judgment on the Pleadings, supporting Memorandum of Law, request to Submit on Briefs and proposed Order on defendant by first class U.S. Mail, postage prepaid Dated: 11), (oy f) Burton Neil, Esquire In making this communication, we advise our firm is a debt collector. ~ (] ,......., 0 = & c; c.:;:) -fl ~ c;;.;-, ~ -~1~''''' L. ::;-J ,- ... ~ :L"~1J Hl fJJ J. '. -.;;, , ;;.::C:: ~. \ -n fTl c/! _~' , :Dy ~ -.'..... ... 0) (~~) i __ '.._. ~:; :ii '::"', ..,., ~~~.: f~-: -"'c1O :-'i-C) ~ ->... ~ ~-C.": - ~:5 in ,"w ~;;"; ..... --,t ~ ~l :iJ -, 0 -...;: PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CITIBANK (SOUTH DAKOTA) N.A. Plaintiff v. DONALD HENDRICKSON Defendant No. 3886 Civil Action-Law 2004 I. 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: Pro se 1126 Linn Drive Carlisle, P A 17013-4248 3. I will notify all parties in writing within two days that this case has been listed for argument. l 4. Argument Court Date: March 23,2005 ___ l<-.-/,( Burton Neil, Esquire Attorney for Plaintiff BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No: 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-692-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff v. DONALD HENDRICKSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 3886 Civil 2004 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 the Praecipe for Listing Case for Argument on defendant, Donald Hendrickson, by first class mail, postage pre-paid on the date set forth below. Dated: .;~"/I ~t/~~ , /~. L~ Burton Neil, Esquire In making this communication, we advise that this office is a debt collector. CITIBANK (SOUTH DAKOTA) N.A., Plaintiff IN THE COURT OF COMMON! PLEAS OF CUMBERLAND COUNTY, PEJNNSYL VANIA v. CIVIL ACTION - LAW DONALD HENDRICKSON: Defendant NO. 04-3886 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR JUDGMENT ON THE PLEADINGS BEFORE HESS and OLER, JJ. ORDER OF COURT AND NOW, this 24th day of March, 2005, upon considerati n of the Motion of Plaintiff for Judgment on the Pleadings, following oral argument held on March 23, 2005, and based upon the record the Court is constrained to grant the moti n and judgment is hereby entered on behalf of Plaintiff Citibank (South Dakota) N.A. an against Defendant Donald G. Hendrickson in the sum of$9,55l.48, plus costs of this acti n. BY THE COURT, ./ $urton Neil, Esq. '/. 1060 Andrew Drive Suite 170 West Chester, P A 19380 Attorney for Plaintiff '~ J(Wesley Oler, i f ') f' oFiJ L-f0{:,;> Q.~, \-%s 0:') -,J'60-5 )J6nald Hendrickson 1126 Linn Drive Carlisle, P A 17013 Defendant, pro se ,(1.t<;"i' -:!'<'lJ '77 7 ." vv :.... };d i','7 ,:\lU "0';7 Iv t\Wfof JUV", j1,'/W:iU'LC:.:'d :]1-11 :10 :;Ot:E>-O:jll:J , BURTON NEIL & ASSOCIATES, P.C. BY: Burton Neil, Esquire Identification No. 11348 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 : CUMBERLAND COUNTY, PENNSYLV NIA VS. : NO. 04-3886 DONALD HENDRICKSON Defendant : CIVIL ACTION - LAW Praecipe for Entry of Judgment on Order of Court To the Prothonotary: Enter judgment on order of court on behalf of the plaintiff, Citibank (South Dakot ) N.A., and against the defendant, Donald Hendrickson, and assess damages in the sum of$9,551 48 plus costs. BURT0'N NEIL & ASSO<;:IATES, .C. . I Blurton ;;:;\squ(;efl Attorneys for Plaintiff' And now, this j ~ay of {:)ptLll ,2005 judgment is entered on behalf 0 plaintiff, Citibank (South Dakota) N.A. and against the defendant, Donald Hendrickson, assess damages in the sum of $9,551.48 plus costs. Prothonotary of Cumberland Coun In making this communication, we advise that this office is a debt collector. (-1 S- CITIBANK (SOUTH DAKOTA) NA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DONALD HENDRICKSON: Defendant NO. 04-3886 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR JUDGMENT ON THE PLEADINGS BEFORE HESS and OLER, JJ. ORDER OF COURT AND NOW, this 24th day of March, 2005, upon consideration of the Moti n of Plaintifffor Judgment on the Pleadings, following oral argument held on March 23, 005, and based upon the record the Court is constrained to grant the motion and judgm nt is hereby entered on behalf ofPlaintiffCitibank (South Dakota) N.A. and against Defe dant Donald G. Hendrickson in the sum of$9,551.48, plus costs of this action. BY THE COURT, B~n Neil, Esq. ~~.~ Andrew Drive Suite 170 West Chester, PA 19380 Attorney for Plaintiff j / / '[, L-;. -V;Wesley Oler, y Donald Hendrickson 1126 Linn Drive Carlisle, P A 17013 Defendant, pro se BURTON NEIL & ASSOCIATES, P .C. BY: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff CmBANK SOUTH DAKOTA N.A. 701 E 60" Street N Sioux Falls, SD 57117 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA VS. : NO. 04-3886 DONALD HENDRICKSON 1126 Linn Drive Carlisle, PA 17013-4248 Defendant : CIVIL ACTION - LAW Certification of Address and Affidavit of Non-Military Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Sec ion 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment creditor and debtor 2. Pursuant to Section 201 (b)(l)(A) of the Service members Civil Relief Act of 2003 ( CRA) the defendant is not in the military service of the United States based on information received fro the defendant and/or the Department of Defense website. BURTON NEIL & ASSOCIATES, P.C. , By: L t-t.. ~ Burton N~I, Esquire Attorney for Plaintiff In making this communication, we advise that this office is a debt collector. ~ p (:J .{g. :-D Jl:. 'li. \) !'-) c} C> (") ~::'_:> 41 t-.-- .;::.:> Co/1 -=l - "'- -0 !;1 p- ~ :L-fl \"' fi1f-;-;: W F ';:XJ -'--IC'..., --j~7 ~ C> .......:) \.0 '~). \...;. f' 1 ::-~_. --..c::: ~~: ,. -', - \."~ IU 0- D :.. ,~ J -;... en - :t: - ~ .. --Z --., , c:> -, \'- , mJRTONNEIL & ASSOCIATES, P.C. By Burton Neil, Esquire Identification No.1 1348 1060 Andrew Drive, Suite 1 70 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITlBANK (SOUTH DAKOTA) NA : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PEN~SYL V ANIA VS. : NO. 04-3886 DONALD G HENDRICKSON Defendant : CIVIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Mark the judgment Satisfied on payment of your costs only. BURTON NEIL/As~OCIATES, P.C. L ,/ By: B<urto~et, Esq~lre Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-715 11111111111111111111I11111111111111 1111[1111[11111111111111111I1[1111111111111111111111111111111111111111111111111111111111111111[1111111111 (' r:. .s; ,...--"